[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 29

Labor


________________________

Parts 1926 to 1999

                         Revised as of July 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]







As of July 1, 2023

Title 29, Part 1926

Revised as of July 1, 2022

Is Replaced by

Title 29, Parts 1926 to 1999



[[Page v]]





                            Table of Contents



                                                                    Page
  Explanation.................................................     vii

  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........................    1003
      Alphabetical List of Agencies Appearing in the CFR......    1023
      List of CFR Sections Affected...........................    1033

[[Page vi]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 29 CFR 1926.1 refers 
                       to title 29, part 1926, 
                       section 1.

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

[[Page vii]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
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    To determine whether a Code volume has been amended since its 
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EFFECTIVE AND EXPIRATION DATES

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OMB CONTROL NUMBERS

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

[[Page viii]]

Many agencies have begun publishing numerous OMB control numbers as 
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    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page ix]]

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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023







[[Page xi]]



                               THIS TITLE

    Title 29--Labor is composed of nine volumes. The parts in these 
volumes are arranged in the following order: Parts 0-99, parts 100-499, 
parts 500-899, parts 900-1899, parts 1900-Sec.  1910.999, part 
1910.1000-end of part 1910, parts 1911-1925, parts 1926-1999, and part 
2000 to end. The contents of these volumes represent all current 
regulations codified under this title as of July 1, 2023.

    The OMB control numbers for title 29 CFR part 1910 appear in Sec.  
1910.8. For the convenience of the user, Sec.  1910.8 appears in the 
Finding Aids section of the volume containing Sec.  1910.1000 to the 
end.

    For this volume, Ann Worley was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                             TITLE 29--LABOR




                 (This book contains parts 1926 to 1999)

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

          SUBTITLE B--Regulations Relating to Labor (Continued)

                                                                    Part

chapter xvii--Occupational Safety and Health Administration, 
  Department of Labor (Continued)...........................        1926

[[Page 3]]

          Subtitle B--Regulations Relating to Labor (Continued)

[[Page 5]]



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




  --------------------------------------------------------------------
Part                                                                Page
1926            Safety and health regulations for 
                    construction............................           7
1927

[Reserved]

1928            Occupational safety and health standards for 
                    agriculture.............................         746
1949            Office of Training and Education, 
                    Occupational Safety and Health 
                    Administration..........................         778
1952            Approved State plans for enforcement of 
                    State standards.........................         778
1953            Changes to State plans......................         786
1954            Procedures for the evaluation and monitoring 
                    of approved State plans.................         792
1955            Procedures for withdrawal of approval of 
                    State plans.............................         797
1956            State plans for the development and 
                    enforcement of State standards 
                    applicable to State and local government 
                    employees in States without approved 
                    private employee plans..................         809
1960            Basic program elements for Federal employee 
                    occupational safety and health programs 
                    and related matters.....................         816
1975            Coverage of employers under the Williams-
                    Steiger Occupational Safety and Health 
                    Act of 1970.............................         842
1977            Discrimination against employees exercising 
                    rights under the Williams-Steiger 
                    Occupational Safety and Health Act of 
                    1970....................................         846
1978            Procedures for the handling of retaliation 
                    complaints under the Employee Protection 
                    provision of the Surface Transportation 
                    Assistance Act of 1982 (STAA), as 
                    amended.................................         852
1979            Procedures for the handling of 
                    discrimination complaints under section 
                    519 of the Wendell H. Ford Aviation 
                    Investment and Reform Act for the 21st 
                    Century.................................         861

[[Page 6]]

1980            Procedures for the handling of retaliation 
                    complaints under section 806 of the 
                    Sarbanes-Oxley Act of 2002, as amended..         869
1981            Procedures for the handling of 
                    discrimination complaints under section 
                    6 of the Pipeline Safety Improvement Act 
                    of 2002.................................         878
1982            Procedures for the handling of retaliation 
                    complaints under the National Transit 
                    Systems Security Act and the Federal 
                    Railroad Safety Act.....................         887
1983            Procedures for the handling of retaliation 
                    complaints under section 219 of the 
                    Consumer Product Safety Improvement Act 
                    of 2008.................................         899
1984            Procedures for the handling of retaliation 
                    complaints under section 1558 of the 
                    Affordable Care Act.....................         908
1985            Procedures for handling retaliation 
                    complaints under the Employee Protection 
                    Provision of the Consumer Financial 
                    Protection Act of 2010..................         918
1986            Procedures for the handling of retaliation 
                    complaints under the employee protection 
                    provision of the Seaman's Protection ACT 
                    (SPA), as amended.......................         928
1987            Procedures for handling retaliation 
                    complaints under section 402 of the FDA 
                    Food Safety Modernization Act...........         937
1988            Procedures for handling retaliation 
                    complaints under section 31307 of the 
                    Moving Ahead for Progress in the 21st 
                    Century Act (MAP-21)....................         946
1989            Procedures for the handling of retailiation 
                    compaints under the Taxpayer First Act 
                    (TFA)...................................         955
1990            Identification, classification, and 
                    regulation of potential occupational 
                    carcinogens.............................         964
1991            Procedures for the handling of retaliation 
                    complaints under the Criminal Antitrust 
                    Anti-Retaliation Act (CAARA)............         990
1992-1999

 [Reserved]

[[Page 7]]



PART 1926_SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--Table of Contents



                            Subpart A_General

Sec.
1926.1 Purpose and scope.
1926.2 Variances from safety and health standards.
1926.3 Inspections--right of entry.
1926.4 Rules of practice for administrative adjudications for 
          enforcement of safety and health standards.
1926.5 OMB control numbers under the Paperwork Reduction Act.
1926.6 Incorporation by reference.

                    Subpart B_General Interpretations

1926.10 Scope of subpart.
1926.11 Coverage under section 103 of the act distinguished.
1926.12 Reorganization Plan No. 14 of 1950.
1926.13 Interpretation of statutory terms.
1926.14 Federal contract for ``mixed'' types of performance.
1926.15 Relationship to the Service Contract Act; Walsh-Healey Public 
          Contracts Act.
1926.16 Rules of construction.

             Subpart C_General Safety and Health Provisions

1926.20 General safety and health provisions.
1926.21 Safety training and education.
1926.22 Recording and reporting of injuries. [Reserved]
1926.23 First aid and medical attention.
1926.24 Fire protection and prevention.
1926.25 Housekeeping.
1926.26 Illumination.
1926.27 Sanitation.
1926.28 Personal protective equipment.
1926.29 Acceptable certifications.
1926.30 Shipbuilding and ship repairing.
1926.32 Definitions.
1926.33 Access to employee exposure and medical records.
1926.34 Means of egress.
1926.35 Employee emergency action plans.

        Subpart D_Occupational Health and Environmental Controls

1926.50 Medical services and first aid.
1926.51 Sanitation.
1926.52 Occupational noise exposure.
1926.53 Ionizing radiation.
1926.54 Nonionizing radiation.
1926.55 Gases, vapors, fumes, dusts, and mists.
1926.56 Illumination.
1926.57 Ventilation.
1926.58 COVID-19.
1926.59 Hazard communication.
1926.60 Methylenedianiline.
1926.61 Retention of DOT markings, placards and labels.
1926.62 Lead.
1926.64 Process safety management of highly hazardous chemicals.
1926.65 Hazardous waste operations and emergency response.
1926.66 Criteria for design and construction of spray booths.

         Subpart E_Personal Protective and Life Saving Equipment

1926.95 Criteria for personal protective equipment.
1926.96 Occupational foot protection.
1926.97 Electrical protective equipment.
1926.98 [Reserved]
1926.100 Head protection.
1926.101 Hearing protection.
1926.102 Eye and face protection.
1926.103 Respiratory protection.
1926.104 Safety belts, lifelines, and lanyards.
1926.105 Safety nets.
1926.106 Working over or near water.
1926.107 Definitions applicable to this subpart.

                Subpart F_Fire Protection and Prevention

1926.150 Fire protection.
1926.151 Fire prevention.
1926.152 Flammable liquids.
1926.153 Liquefied petroleum gas (LP-Gas).
1926.154 Temporary heating devices.
1926.155 Definitions applicable to this subpart.

                Subpart G_Signs, Signals, and Barricades

1926.200 Accident prevention signs and tags.
1926.201 Signaling.

        Subpart H_Materials Handling, Storage, Use, and Disposal

1926.250 General requirements for storage.
1926.251 Rigging equipment for material handling.
1926.252 Disposal of waste materials.

                     Subpart I_Tools_Hand and Power

1926.300 General requirements.
1926.301 Hand tools.
1926.302 Power-operated hand tools.
1926.303 Abrasive wheels and tools.
1926.304 Woodworking tools.
1926.305 Jacks--lever and ratchet, screw, and hydraulic.
1926.306 Air receivers.
1926.307 Mechanical power-transmission apparatus.

                      Subpart J_Welding and Cutting

1926.350 Gas welding and cutting.
1926.351 Arc welding and cutting.

[[Page 8]]

1926.352 Fire prevention.
1926.353 Ventilation and protection in welding, cutting, and heating.
1926.354 Welding, cutting, and heating in way of preservative coatings.

                          Subpart K_Electrical

                                 General

1926.400 Introduction.
1926.401 [Reserved]

                    Installation Safety Requirements

1926.402 Applicability.
1926.403 General requirements.
1926.404 Wiring design and protection.
1926.405 Wiring methods, components, and equipment for general use.
1926.406 Specific purpose equipment and installations.
1926.407 Hazardous (classified) locations.
1926.408 Special systems.
1926.409-1926.415 [Reserved]

                      Safety-Related Work Practices

1926.416 General requirements.
1926.417 Lockout and tagging of circuits.
1926.418-1926.430 [Reserved]

       Safety-Related Maintenance and Environmental Considerations

1926.431 Maintenance of equipment.
1926.432 Environmental deterioration of equipment.
1926.433-1926.440 [Reserved]

                Safety Requirements for Special Equipment

1926.441 Batteries and battery charging.
1926.442-1926.448 [Reserved]

                               Definitions

1926.449 Definitions applicable to this subpart.

                           Subpart L_Scaffolds

1926.450 Scope, application and definitions applicable to this subpart.
1926.451 General requirements.
1926.452 Additional requirements applicable to specific types of 
          scaffolds.
1926.453 Aerial lifts.
1926.454 Training requirements.

Appendix A to Subpart L of Part 1926--Scaffold Specifications
Appendix B to Subpart L of Part 1926--Criteria for Determining the 
          Feasibility of Providing Safe Access and Fall Protection for 
          Scaffold Erectors and Dismantlers [Reserved]
Appendix C to Subpart L of Part 1926--List of National Consensus 
          Standards
Appendix D to Subpart L of Part 1926--List of Training Topics for 
          Scaffold Erectors and Dismantlers [Reserved]
Appendix E to Subpart L of Part 1926--Drawings and Illustrations

                        Subpart M_Fall Protection

1926.500 Scope, application, and definitions applicable to this subpart.
1926.501 Duty to have fall protection.
1926.502 Fall protection systems criteria and practices.
1926.503 Training requirements.

Appendix A to Subpart M of Part 1926--Determining Roof Widths
Appendix B to Subpart M of Part 1926--Guardrail Systems
Appendix C to Subpart M of Part 1926--Personal Fall Arrest Systems
Appendix D to Subpart M of Part 1926--Positioning Device Systems
Appendix E to Subpart M of Part 1926--Sample Fall Protection Plans

         Subpart N_Helicopters, Hoists, Elevators, and Conveyors

1926.550 [Reserved]
1926.551 Helicopters.
1926.552 Material hoists, personnel hoists, and elevators.
1926.553 Base-mounted drum hoists.
1926.554 Overhead hoists.
1926.555 Conveyors.

  Subpart O_Motor Vehicles, Mechanized Equipment, and Marine Operations

1926.600 Equipment.
1926.601 Motor vehicles.
1926.602 Material handling equipment.
1926.603 Pile driving equipment.
1926.604 Site clearing.
1926.605 Marine operations and equipment.
1926.606 Definitions applicable to this subpart.

                          Subpart P_Excavations

1926.650 Scope, application, and definitions applicable to this subpart.
1926.651 Specific excavation requirements.
1926.652 Requirements for protective systems.

Appendix A to Subpart P of Part 1926--Soil Classification
Appendix B to Subpart P of Part 1926--Sloping and Benching
Appendix C to Subpart P of Part 1926--Timber Shoring for Trenches
Appendix D to Subpart P of Part 1926--Aluminum Hydraulic Shoring for 
          Trenches
Appendix E to Subpart P of Part 1926--Alternatives to Timber Shoring
Appendix F to Subpart P of Part 1926--Selection of Protective Systems

[[Page 9]]

               Subpart Q_Concrete and Masonry Construction

1926.700 Scope, application, and definitions applicable to this subpart.
1926.701 General requirements.
1926.702 Requirements for equipment and tools.
1926.703 Requirements for cast-in-place concrete.
1926.704 Requirements for precast concrete.
1926.705 Requirements for lift-slab construction operations.
1926.706 Requirements for masonry construction.

Appendix A to Subpart Q of Part 1926--References to Subpart Q of Part 
          1926

                        Subpart R_Steel Erection

1926.750 Scope.
1926.751 Definitions.
1926.752 Site layout, site-specific erection plan and construction 
          sequence.
1926.753 Hoisting and rigging.
1926.754 Structural steel assembly.
1926.755 Column anchorage.
1926.756 Beams and columns.
1926.757 Open web steel joists.
1926.758 Systems-engineered metal buildings.
1926.759 Falling object protection.
1926.760 Fall protection.
1926.761 Training.

Appendix A to Subpart R of Part 1926--Guidelines for Establishing the 
          Components of a Site-specific Erection Plan: Non-mandatory 
          Guidelines for Complying With Sec.  1926.752(e)
Appendix B to Subpart R of Part 1926 [Reserved]
Appendix C to Subpart R of Part 1926--Illustrations of Bridging Terminus 
          Points: Non-mandatory Guidelines for Complying With Sec. Sec.  
          1926.757(a)(10) and Sec.  1926.757(c)(5)
Appendix D to Subpart R of Part 1926--Illustration of the Use of Control 
          Lines To Demarcate Controlled Decking Zones (CDZs): Non-
          mandatory Guidelines for Complying With Sec.  1926.760(c)(3)
Appendix E to Subpart R of Part 1926--Training: Non-mandatory Guidelines 
          for Complying With Sec.  1926.761
Appendix F to Subpart R of Part 1926--Perimeter Columns: Non-Mandatory 
          Guidelines for Complying With Sec.  1926.756(e) To Protect the 
          Unprotected Side or Edge of a Walking/Working Surface
Appendix G to Subpart R of Part 1926--Sec.  1926.502 (b)-(e) Fall 
          Protection Systems Criteria and Practices
Appendix H to Subpart R of Part 1926--Double Connections: Illustration 
          of a Clipped End Connection and a Staggered Connection: Non-
          Mandatory Guidelines for Complying With Sec.  1926.756(c)(1)

Subpart S_Underground Construction, Caissons, Cofferdams and Compressed 
                                   Air

1926.800 Underground construction.
1926.801 Caissons.
1926.802 Cofferdams.
1926.803 Compressed air.
1926.804 Definitions applicable to this subpart.

Appendix A to Subpart S of Part 1926--Decompression Tables

                          Subpart T_Demolition

1926.850 Preparatory operations.
1926.851 Stairs, passageways, and ladders.
1926.852 Chutes.
1926.853 Removal of materials through floor openings.
1926.854 Removal of walls, masonry sections, and chimneys.
1926.855 Manual removal of floors.
1926.856 Removal of walls, floors, and material with equipment.
1926.857 Storage.
1926.858 Removal of steel construction.
1926.859 Mechanical demolition.
1926.860 Selective demolition by explosives.

              Subpart U_Blasting and the Use of Explosives

1926.900 General provisions.
1926.901 Blaster qualifications.
1926.902 Surface transportation of explosives.
1926.903 Underground transportation of explosives.
1926.904 Storage of explosives and blasting agents.
1926.905 Loading of explosives or blasting agents.
1926.906 Initiation of explosive charges--electric blasting.
1926.907 Use of safety fuse.
1926.908 Use of detonating cord.
1926.909 Firing the blast.
1926.910 Inspection after blasting.
1926.911 Misfires.
1926.912 Underwater blasting.
1926.913 Blasting in excavation work under compressed air.
1926.914 Definitions applicable to this subpart.

         Subpart V_Electric Power Transmission and Distribution

1926.950 General.
1926.951 Medical services and first aid.
1926.952 Job briefing.
1926.953 Enclosed spaces.
1926.954 Personal protective equipment.

[[Page 10]]

1926.955 Portable ladders and platforms.
1926.956 Hand and portable power equipment.
1926.957 Live-line tools.
1926.958 Materials handling and storage.
1926.959 Mechanical equipment.
1926.960 Working on or near exposed energized parts.
1926.961 Deenergizing lines and equipment for employee protection.
1926.962 Grounding for the protection of employees.
1926.963 Testing and test facilities.
1926.964 Overhead lines and live-line barehand work.
1926.965 Underground electrical installations.
1926.966 Substations.
1926.967 Special conditions.
1926.968 Definitions.

Appendix A to Subpart V of Part 1926 [Reserved]
Appendix B to Subpart V of Part 1926--Working on Exposed Energized Parts
Appendix C to Subpart V of Part 1926--Protection from Hazardous 
          Differences in Electric Potential
Appendix D to Subpart V of Part 1926--Methods of Inspecting and Testing 
          Wood Poles
Appendix E to Subpart V of Part 1926--Protection From Flames and 
          Electric Arcs
Appendix F to Subpart V of Part 1926--Work-Positioning Equipment 
          Inspection Guidelines
Appendix G to Subpart V of Part 1926--Reference Documents

      Subpart W_Rollover Protective Structures; Overhead Protection

1926.1000 Scope.
1926.1001 Minimum performance criteria for rollover protective 
          structures for designated scrapers, loaders, dozers, graders, 
          crawler tractors, compactors, and rubber-tired skid steer 
          equipment.
1926.1002 Protective frames (roll-over protective structures, known as 
          ROPS) for wheel-type agricultural and industrial tractors used 
          in construction.
1926.1003 Overhead protection for operators of agricultural and 
          industrial tractors used in construction.

                     Subpart X_Stairways and Ladders

1926.1050 Scope, application, and definitions applicable to this 
          subpart.
1926.1051 General requirements.
1926.1052 Stairways.
1926.1053 Ladders.
1926.1054-1926.1059 [Reserved]
1926.1060 Training requirements.

Appendix A to Subpart X of Part 1926--Ladders

                            Subpart Y_Diving

                                 General

1926.1071 Scope and application.
1926.1072 Definitions.

                         Personnel Requirements

1926.1076 Qualifications of dive team.

                      General Operations Procedures

1926.1080 Safe practices manual.
1926.1081 Pre-dive procedures.
1926.1082 Procedures during dive.
1926.1083 Post-dive procedures.

                     Specific Operations Procedures

1926.1084 SCUBA diving.
1926.1085 Surface-supplied air diving.
1926.1086 Mixed-gas diving.
1926.1087 Liveboating.

                  Equipment Procedures and Requirements

1926.1090 Equipment.

                              Recordkeeping

1926.1091 Recordkeeping requirements.

Appendix A to Subpart Y of Part 1926--Examples of Conditions Which May 
          Restrict or Limit Exposure to Hyperbaric Conditions
Appendix B to Subpart Y of Part 1926--Guidelines for Scientific Diving

                Subpart Z_Toxic and Hazardous Substances

1926.1100 [Reserved]
1926.1101 Asbestos.
1926.1102 Coal tar pitch volatiles; interpretation of term.
1926.1103 13 carcinogens (4-Nitrobiphenyl, etc.).
1926.1104 alpha-Naphthylamine.
1926.1105 [Reserved]
1926.1106 Methyl chloromethyl ether.
1926.1107 3,3'-Dichlorobenzidiene (and its salts).
1926.1108 bis-Chloromethyl ether.
1926.1109 beta-Naphthylamine.
1926.1110 Benzidine.
1926.1111 4-Aminodiphenyl.
1926.1112 Ethyleneimine.
1926.1113 beta-Propiolactone.
1926.1114 2-Acetylaminofluorene.
1926.1115 4-Dimethylaminoazobenzene.
1926.1116 N-Nitrosodimethylamine.
1926.1117 Vinyl chloride.
1926.1118 Inorganic arsenic.
1926.1124 Beryllium.
1926.1126 Chromium (VI).
1926.1127 Cadmium.
1926.1128 Benzene.
1926.1129 [Reserved]
1926.1144 1,2-dibromo-3-chloropropane.
1926.1145 Acrylonitrile.

[[Page 11]]

1926.1147 Ethylene oxide.
1926.1148 Formaldehyde.
1926.1152 Methylene chloride.
1926.1153 Respirable crystalline silica.

               Subpart AA_Confined Spaces in Construction

1926.1200 [Reserved]
1926.1201 Scope.
1926.1202 Definitions.
1926.1203 General requirements.
1926.1204 Permit-required confined space program.
1926.1205 Permitting process.
1926.1206 Entry permit.
1926.1207 Training.
1926.1208 Duties of authorized entrants.
1926.1209 Duties of attendants.
1926.1210 Duties of entry supervisors.
1926.1211 Rescue and emergency services.
1926.1212 Employee participation.
1926.1213 Provision of documents to Secretary.

Subpart BB [Reserved]

             Subpart CC_Cranes and Derricks in Construction

1926.1400 Scope.
1926.1401 Definitions.
1926.1402 Ground conditions.
1926.1403 Assembly/Disassembly--selection of manufacturer or employer 
          procedures.
1926.1404 Assembly/Disassembly--general requirements (applies to all 
          assembly and disassembly operations).
1926.1405 Disassembly--additional requirements for dismantling of booms 
          and jibs (applies to both the use of manufacturer procedures 
          and employer procedures).
1926.1406 Assembly/Disassembly--employer procedures--general 
          requirements.
1926.1407 Power line safety (up to 350 kV)--assembly and disassembly.
1926.1408 Power line safety (up to 350 kV)--equipment operations.
1926.1409 Power line safety (over 350 kV).
1926.1410 Power line safety (all voltages)--equipment operations closer 
          than the Table A zone.
1926.1411 Power line safety--while traveling.
1926.1412 Inspections.
1926.1413 Wire rope--inspection.
1926.1414 Wire rope--selection and installation criteria.
1926.1415 Safety devices.
1926.1416 Operational aids.
1926.1417 Operation.
1926.1418 Authority to stop operation.
1926.1419 Signals--general requirements.
1926.1420 Signals--radio, telephone or other electronic transmission of 
          signals.
1926.1421 Signals--voice signals--additional requirements.
1926.1422 Signals--hand signal chart.
1926.1423 Fall protection.
1926.1424 Work area control.
1926.1425 Keeping clear of the load.
1926.1426 Free fall and controlled load lowering.
1926.1427 Operator training, certification, and evaluation.
1926.1428 Signal person qualifications.
1926.1429 Qualifications of maintenance & repair employees.
1926.1430 Training.
1926.1431 Hoisting personnel.
1926.1432 Multiple-crane/derrick lifts--supplemental requirements.
1926.1433 Design, construction and testing.
1926.1434 Equipment modifications.
1926.1435 Tower cranes.
1926.1436 Derricks.
1926.1437 Floating cranes/derricks and land cranes/derricks on barges.
1926.1438 Overhead & gantry cranes.
1926.1439 Dedicated pile drivers.
1926.1440 Sideboom cranes.
1926.1441 Equipment with a rated hoisting/lifting capacity of 2,000 
          pounds or less.
1926.1442 Railroad roadway maintenance machines.
1926.1443 Severability.

Appendix A to Subpart CC of Part 1926--Standard Hand Signals
Appendix B to Subpart CC of Part 1926--Assembly/Disassembly--Sample 
          Procedures for Minimizing the Risk of Unintended Dangerous 
          Boom Movement
Appendix C to Subpart CC of Part 1926--Operator Certification--Written 
          Examination--Technical Knowledge Criteria
Appendix A to Part 1926--Designations for General Industry Standards 
          Incorporated Into Body of Construction Standards

    Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, and 657; and 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 
9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as applicable; and 
29 CFR part 1911, unless otherwise noted
    Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued under 5 
U.S.C. 553 and 29 CFR part 1911.
    Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C. 
553.
    Section 1926.62 also issued under sec. 1031, Public Law 102-550, 106 
Stat. 3672 (42 U.S.C. 4853).
    Section 1926.65 also issued under sec. 126, Public Law 99-499, 100 
Stat. 1614 (reprinted at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553.

    Source: 44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, unless 
otherwise noted.

[[Page 12]]


    Editorial Notes: 1. At 44 FR 8577, Feb. 9, 1979, and corrected at 44 
FR 20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 
29 CFR part 1926 together with certain General Industry Occupational 
Safety and Health Standards contained in 29 CFR part 1910, which have 
been identified as also applicable to construction work. This 
republication developed a single set of OSHA regulations for both labor 
and management forces within the construction industry.

    2. Nomenclature changes to part 1926 appear at 84 FR 21597, May 14, 
2019.



                            Subpart A_General

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 
9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.



Sec.  1926.1  Purpose and scope.

    (a) This part sets forth the safety and health standards promulgated 
by the Secretary of Labor under section 107 of the Contract Work Hours 
and Safety Standards Act. The standards are published in subpart C of 
this part and following subparts.
    (b) Subpart B of this part contains statements of general policy and 
interpretations of section 107 of the Contract Work Hours and Safety 
Standards Act having general applicability.



Sec.  1926.2  Variances from safety and health standards.

    (a) Variances from standards which are, or may be, published in this 
part may be granted under the same circumstances whereunder variances 
may be granted under section 6(b)(A) or 6(d) of the Williams-Steiger 
Occupational Safety and Health Act of 1970 (29 U.S.C. 65). The 
procedures for the granting of variances and for related relief under 
this part are those published in part 1905 of this title.
    (b) Any requests for variances under this section shall also be 
considered requests for variances under the Williams-Steiger 
Occupational Safety and Health Act of 1970, and any requests for 
variances under Williams-Steiger Occupational Safety and Health Act with 
respect to construction safety or health standards shall be considered 
to be also variances under the Construction Safety Act. Any variance 
from a construction safety or health standard which is contained in this 
part and which is incorporated by reference in part 1910 of this title 
shall be deemed a variance from the standard under both the Construction 
Safety Act and the Williams-Steiger Occupational Safety and Health Act 
of 1970.



Sec.  1926.3  Inspections--right of entry.

    (a) It shall be a condition of each contract which is subject to 
section 107 of the Contract Work Hours and Safety Standards Act that the 
Secretary of Labor or any authorized representative shall have a right 
of entry to any site of contract performance for the following purposes:
    (1) To inspect or investigate the matter of compliance with the 
safety and health standards contained in subpart C of this part and 
following subparts; and
    (2) To carry out the duties of the Secretary under section 107(b) of 
the Act.
    (b) For the purpose of carrying out his investigative duties under 
the Act, the Secretary of Labor may, by agreement, use with or without 
reimbursement the services, personnel, and facilities of any State or 
Federal agency. Any agreements with States under this section shall be 
similar to those provided for under the Walsh-Healey Public Contracts 
Act under 41 CFR part 50-205.



Sec.  1926.4  Rules of practice for administrative adjudications for
enforcement of safety and health standards.

    (a) The rules of practice for administrative adjudications for the 
enforcement of the safety and health standards contained in subpart C of 
this part and the following subparts shall be the same as those 
published in part 6 of this title with respect to safety and health 
violations of the Service Contract Act of 1965 (69 Stat. 1035), except 
as provided in paragraph (b) of this section.
    (b) In the case of debarment, the findings required by section 
107(d) of the Act shall be made by the hearing examiner or the Assistant 
Secretary of Labor for Occupational Safety and

[[Page 13]]

Health, as the case may be. Whenever, as provided in section 107(d)(2), 
a contractor requests termination of debarment before the end of the 3-
year period prescribed in that section, the request shall be filed in 
writing with the Assistant Secretary of Labor for Occupational Safety 
and Health who shall publish a notice in the Federal Register that the 
request has been received and afford interested persons an opportunity 
to be heard upon the request, and thereafter the provisions of part 6 of 
this title shall apply with respect to prehearing conferences, hearings 
and related matters, and decisions and orders.



Sec.  1926.5  OMB control numbers under the Paperwork Reduction Act.

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

------------------------------------------------------------------------
                                                                  OMB
                       29 CFR citation                          control
                                                                  No.
------------------------------------------------------------------------
1926.33.....................................................   1218-0065
1926.50.....................................................   1218-0093
1926.52.....................................................   1218-0048
1926.53.....................................................   1218-0103
1926.59.....................................................   1218-0072
1926.60.....................................................   1218-0183
1926.62.....................................................   1218-0189
1926.64.....................................................   1218-0200
1926.65.....................................................   1218-0202
1926.103....................................................   1218-0099
1926.200....................................................   1218-0132
1926.250....................................................   1218-0093
1926.251....................................................   1218-0233
1926.403....................................................   1218-0130
1926.404....................................................   1218-0130
1926.405....................................................   1218-0130
1926.407....................................................   1218-0130
1926.408....................................................   1218-0130
1926.453(a)(2)..............................................   1218-0216
1926.502....................................................   1218-0197
1926.503....................................................   1218-0197
1926.550(a)(1)..............................................   1218-0115
1926.550(a)(2)..............................................   1218-0115
1926.550(a)(4)..............................................   1218-0115
1926.550(a)(6)..............................................   1218-0113
1926.550(a)(11).............................................   1218-0054
1926.550(a)(16).............................................   1218-0115
1926.550(b)(2)..............................................   1218-0232
1926.550(g).................................................   1218-0151
1926.552....................................................   1218-0231
1926.652....................................................   1218-0137
1926.703....................................................   1218-0095
1926.800....................................................   1218-0067
1926.803....................................................   1218-0067
1926.900....................................................   1218-0217
1926.903....................................................   1218-0227
1926.1080...................................................   1218-0069
1926.1081...................................................   1218-0069
1926.1083...................................................   1218-0069
1926.1090...................................................   1218-0069
1926.1091...................................................   1218-0069
1926.1101...................................................   1218-0134
1926.1103...................................................   1218-0085
1926.1104...................................................   1218-0084
1926.1106...................................................   1218-0086
1926.1107...................................................   1218-0083
1926.1108...................................................   1218-0087
1926.1109...................................................   1218-0089
1926.1110...................................................   1218-0082
1926.1111...................................................   1218-0090
1926.1112...................................................   1218-0080
1926.1113...................................................   1218-0079
1926.1114...................................................   1218-0088
1926.1115...................................................   1218-0044
1926.1116...................................................   1218-0081
1926.1117...................................................   1218-0010
1926.1118...................................................   1218-0104
1926.1124...................................................   1218-0267
1926.1126...................................................   1218-0252
1926.1127...................................................   1218-0186
1926.1128...................................................   1218-0129
1926.1129...................................................   1218-0128
1926.1144...................................................   1218-0101
1926.1145...................................................   1218-0126
1926.1147...................................................   1218-0108
1926.1148...................................................   1218-0145
1926.1153...................................................   1218-0266
1926.1203...................................................   1218-0258
1926.1204...................................................   1218-0258
1926.1205...................................................   1218-0258
1926.1206...................................................   1218-0258
1926.1207...................................................   1218-0258
1926.1208...................................................   1218-0258
1926.1209...................................................   1218-0258
1926.1210...................................................   1218-0258
1926.1211...................................................   1218-0258
1926.1212...................................................   1218-0258
1926.1213...................................................   1218-0258
1926.1402...................................................   1218-0261
1926.1403...................................................   1218-0261
1926.1404...................................................   1218-0261
1926.1406...................................................   1218-0261
1926.1407...................................................   1218-0261
1926.1408...................................................   1218-0261
1926.1409...................................................   1218-0261
1926.1410...................................................   1218-0261
1926.1411...................................................   1218-0261
1926.1412...................................................   1218-0261
1926.1413...................................................   1218-0261
1926.1414...................................................   1218-0261
1926.1417...................................................   1218-0261
1926.1423...................................................   1218-0261
1926.1424...................................................   1218-0261
1926.1427...................................................   1218-0270
1926.1428...................................................   1218-0261
1926.1431...................................................   1218-0261
1926.1433...................................................   1218-0261
1926.1434...................................................   1218-0261
1926.1435...................................................   1218-0261
1926.1436...................................................   1218-0261
1926.1437...................................................   1218-0261
1926.1441...................................................   1218-0261
------------------------------------------------------------------------


[61 FR 5509, Feb. 13, 1996, as amended at 63 FR 3814, Jan. 27, 1998; 63 
FR 13340, Mar. 19, 1998; 63 FR 17094, Apr. 8, 1998; 64 FR 18810, Apr. 
16, 1999; 71 FR 38086, July 5, 2006; 75 FR 68430, Nov. 8, 2010; 81 FR 
48710, July 26, 2016; 81 FR 53268, Aug. 12, 2016; 83 FR 9703, Mar. 7, 
2018; 84 FR 34785, July 19, 2019]

[[Page 14]]



Sec.  1926.6  Incorporation by reference.

    (a) 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.
    (b) 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.
    (c) Copies of standards listed in this section and issued by private 
standards organizations are available for purchase from the issuing 
organizations at the addresses or through the other contact information 
listed below for these private standards organizations. In addition, 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, telephone: 202-741-6030, or 
go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (d) The following material is available for purchase from the 
American Conference of Governmental Industrial Hygienists (ACGIH), 1330 
Kemper Meadow Drive, Cincinnati, OH 45240; telephone: 513-742-6163; fax: 
513-742-3355; e-mail: [email protected]; Web site: http://www.acgih.org:
    (1) Threshold Limit Values of Airborne Contaminants for 1970, 1970, 
IBR approved for Sec.  1926.55(a) and appendix A of Sec.  1926.55.
    (2) [Reserved]
    (e) The following material is available for purchase from the 
American National Standards Institute (ANSI), 25 West 43rd Street, 
Fourth Floor, New York, NY 10036; telephone: 212-642-4900; fax: 212-302-
1286; e-mail: [email protected]; Web site: http://www.ansi.org/.
    (1) ANSI A10.3-1970, Safety Requirements for Explosive-Actuated 
Fastening Tools, IBR approved for Sec.  1926.302(e).
    (2) ANSI A10.4-1963, Safety Requirements for Workmen's Hoists, IBR 
approved for Sec.  1926.552(c).
    (3) ANSI A10.5-1969, Safety Requirements for Material Hoists, IBR 
approved for Sec.  1926.552(b).
    (4) ANSI A11.1-1965 (R1970), Practice for Industrial Lighting, IBR 
approved for Sec.  1926.56(b).
    (5) ANSI A17.1-1965, Elevators, Dumbwaiters, Escalators, and Moving 
Walks, IBR approved for Sec.  1926.552(d).
    (6) ANSI A17.1a-1967, Elevators, Dumbwaiters, Escalators, and Moving 
Walks Supplement, IBR approved for Sec.  1926.552(d).
    (7) ANSI A17.1b-1968, Elevators, Dumbwaiters, Escalators, and Moving 
Walks Supplement, IBR approved for Sec.  1926.552(d).
    (8) ANSI A17.1c-1969, Elevators, Dumbwaiters, Escalators, and Moving 
Walks Supplement, IBR approved for Sec.  1926.552(d).
    (9) ANSI A17.1d-1970, Elevators, Dumbwaiters, Escalators, and Moving 
Walks Supplement, IBR approved for Sec.  1926.552(d).
    (10) ANSI A17.2-1960, Practice for the Inspection of Elevators 
(Inspector's Manual), IBR approved for Sec.  1926.552(d).
    (11) ANSI A17.2a-1965, Practice for the Inspection of Elevators 
(Inspector's Manual) Supplement, IBR approved for Sec.  1926.552(d).
    (12) ANSI A17.2b-1967, Practice for the Inspection of Elevators 
(Inspector's Manual) Supplement, IBR approved for Sec.  1926.552(d).
    (13) ANSI A92.2-1969, Vehicle Mounted Elevating and Rotating Work 
Platforms, IBR approved for Sec. Sec.  1926.453(a) and 1926.453(b).
    (14) ANSI B7.1-1970, Safety Code for the Use, Care, and Protection 
of Abrasive Wheels, IBR approved for Sec. Sec.  1926.57(g), 1926.303(b), 
1926.303(c), and 1926.303(d).

[[Page 15]]

    (15) ANSI B20.1-1957, Safety Code for Conveyors, Cableways, and 
Related Equipment, IBR approved for Sec.  1926.555(a).
    (16) ANSI B56.1-1969, Safety Standards for Powered Industrial 
Trucks, IBR approved for Sec.  1926.602(c).
    (17)-(22) [Reserved]
    (23) ANSI O1.1-1961, Safety Code for Woodworking Machinery, IBR 
approved for Sec.  1926.304(f).
    (24) ANSI Z35.1-1968, Specifications for Accident Prevention Signs; 
IBR approved for Sec.  1926.200(b), (c), and 1 (i). Copies available for 
purchase from the IHS Standards Store, 15 Inverness Way East, Englewood, 
CO 80112; telephone: 1-877-413-5184; Web site: www.global.ihs.com.
    (25) ANSI Z35.2-1968, Specifications for Accident Prevention Tags, 
IBR approved for Sec.  1926.200(i).
    (26) ANSI Z49.1-1967, Safety in Welding and Cutting, IBR approved 
for Sec.  1926.350(j).
    (27) USA Z53.1-1967 (also referred to as ANSI Z53.1-1967), Safety 
Color Code for Marking Physical Hazards, ANSI approved October 9, 1967; 
IBR approved for Sec.  1926.200(c). Copies available for purchase from 
the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; 
telephone: 1-877-413-5184; Web site: www.global.ihs.com.
    (28) ANSI Z535.1-2006 (R2011), Safety Colors, reaffirmed July 19, 
2011; IBR approved for Sec.  1926.200(c). Copies available for purchase 
from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web 
site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: 877-699-9277; Web site: www.techstreet.com.
    (29) ANSI Z535.2-2011, Environmental and Facility Safety Signs, 
published September 15, 2011; IBR approved for Sec.  1926.200(b), (c), 
and (i). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web 
site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: 877-699-9277; Web site: www.techstreet.com.
    (30) ANSI Z535.5-2011, Safety Tags and Barricade Tapes (for 
Temporary Hazards), published September 15, 2011, including Errata, 
November 14, 2011; IBR approved for Sec.  1926.200(h) and (i). Copies 
available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web 
site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: 877-699-9277; Web site: www.techstreet.com.
    (31) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, Approved April 3, 2010; IBR approved for 
Sec.  1926.102(b). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (32) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, Approved June 19, 2003; IBR approved for Sec.  
1926.102(b). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;

[[Page 16]]

    (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.
    (33) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec.  1926.102(b). Copies are available for 
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (34) American National Standards Institute (ANSI) Z89.1-2009, 
American National Standard for Industrial Head Protection, approved 
January 26, 2009; IBR approved for Sec.  1926.100(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.
    (35) American National Standards Institute (ANSI) Z89.1-2003, 
American National Standard for Industrial Head Protection; IBR approved 
for Sec.  1926.100(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.
    (36) American National Standards Institute (ANSI) Z89.1-1997, 
American National Standard for Personnel Protection--Protective Headwear 
for Industrial Workers--Requirements; IBR approved for Sec.  
1926.100(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.
    (f) The following material is available for purchase from standards 
resellers such as the Document Center Inc., 111 Industrial Road, Suite 
9, Belmont, CA 94002; telephone: 650-591-7600; fax: 650-591-7617; e-
mail: [email protected]; Web site: http://www.document-
center.com/:
    (1) ANSI B15.1-1953 (R1958), Safety Code for Mechanical Power-
Transmission Apparatus, revised 1958, IBR approved for Sec.  
1926.300(b)(2).
    (2) ANSI B30.5-1968, Crawler, Locomotive, and Truck Cranes, approved 
Dec. 16, 1968, IBR approved for Sec.  1926.1433(a).
    (g) The following material is available for purchase from the 
American Society for Testing and Materials (ASTM), ASTM International, 
100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959; 
telephone: 610-832-9585; fax: 610-832-9555; e-mail: [email protected]; 
Web site: http://www.astm.org/:
    (1) ASTM A370-1968, Methods and Definitions for Mechanical Testing 
and Steel Products, IBR approved for Sec.  1926.1001(f).
    (2) [Reserved]
    (3) ASTM D56-1969, Standard Method of Test for Flash Point by the 
Tag Closed Tester, IBR approved for Sec.  1926.155(i).
    (4) ASTM D93-1969, Standard Method of Test for Flash Point by the 
Pensky Martens Closed Tester, IBR approved for Sec.  1926.155(i).
    (5) ASTM D323-1958 (R1968), Standard Method of Test for Vapor 
Pressure of Petroleum Products (Reid Method), IBR approved for Sec.  
1926.155(m).
    (h) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), Three Park Avenue, New 
York, NY 10016; telephone: 1-800-843-2763; fax: 973-882-1717; e-mail: 
[email protected]; Web site: http://www.asme.org/:
    (1) ASME B30.2-2005, Overhead and Gantry Cranes (Top Running Bridge, 
Single or Multiple Girder, Top Running Trolley Hoist), issued Dec. 30, 
2005 (``ASME B30.2-2005''), IBR approved for Sec.  1926.1438(b).

[[Page 17]]

    (2) ASME B30.5-2004, Mobile and Locomotive Cranes, issued Sept. 27, 
2004 (``ASME B30.5-2004''), IBR approved for Sec. Sec.  1926.1414(b); 
1926.1414(e); 1926.1433(b).
    (3) ASME B30.7-2001, Base-Mounted Drum Hoists, issued Jan. 21, 2002 
(``ASME B30.7-2001''), IBR approved for Sec.  1926.1436(e).
    (4) ASME B30.14-2004, Side Boom Tractors, issued Sept. 20, 2004 
(``ASME B30.14-2004''), IBR approved for Sec.  1926.1440(c).
    (5) ASME Boiler and Pressure Vessel Code, Section VIII, 1968, IBR 
approved for Sec. Sec.  1926.152(i), 1926.306(a), and 1926.603(a).
    (6) ASME Power Boilers, Section I, 1968, IBR approved for Sec.  
1926.603(a).
    (i) The following material is available for purchase from the 
American Society of Agricultural and Biological Engineers (ASABE), 2950 
Niles Road, St. Joseph, MI 49085; telephone: 269-429-0300; fax: 269-429-
3852; e-mail: [email protected]; Web site: http://www.asabe.org/:
    (1) ASAE R313.1-1971, Soil Cone Penetrometer, reaffirmed 1975, IBR 
approved for Sec.  1926.1002(e).
    (2) [Reserved]
    (j) The following material is available for purchase from the 
American Welding Society (AWS), 550 N.W. LeJeune Road, Miami, Florida 
33126; telephone: 1-800-443-9353; Web site: http://www.aws.org/:
    (1) AWS D1.1/D1.1M:2002, Structural Welding Code--Steel, 18th ed., 
ANSI approved Aug. 31, 2001 (``AWS D1.1/D1.1M:2002''), IBR approved for 
Sec.  1926.1436(c).
    (2) ANSI/AWS D14.3-94, Specification for Welding Earthmoving and 
Construction Equipment, ANSI approved Jun. 11, 1993 (``ANSI/AWS D14.3-
94''), IBR approved for Sec.  1926.1436(c).
    (k) The following material is available for purchase from the 
British Standards Institution (BSI), 389 Chiswick High Road, London, W4 
4AL, United Kingdom; telephone: + 44 20 8996 9001; fax: + 44 20 8996 
7001; e-mail: [email protected]; Web site: http://www.bsigroup.com/
:
    (1) BS EN 13000:2004, Cranes--Mobile Cranes, published Jan. 4, 2006 
(``BS EN 13000:2004''), IBR approved for Sec.  1926.1433(c).
    (2) BS EN 14439:2006, Cranes--Safety--Tower Cranes, published Jan. 
31, 2007 (``BS EN 14439:2006''), IBR approved for Sec.  1926.1433(c).
    (l) The following material is available for purchase from the Bureau 
of Reclamation, United States Department of the Interior, 1849 C Street, 
NW., Washington DC 20240; telephone: 202-208-4501; Web site: http://
www.usbr.gov/:
    (1) Safety and Health Regulations for Construction, Part II, Sept. 
1971, IBR approved for Sec.  1926.1000(f).
    (2) [Reserved]
    (m) The following material is available for purchase from the 
California Department of Industrial Relations, 455 Golden Gate Avenue, 
San Francisco CA 94102; telephone: (415) 703-5070; e-mail: 
[email protected]; Web site: http://www.dir.ca.gov/:
    (1) Construction Safety Orders, IBR approved for Sec.  1926.1000(f).
    (2) [Reserved]
    (n) The following material is available from the Federal Highway 
Administration, United States Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590; telephone: 202-366-4000; 
website: www.fhwa.dot.gov/:
    (1) Manual on Uniform Traffic Control Devices for Streets and 
Highways, 2009 Edition, December 2009 (including Revision 1 dated May 
2012 and Revision 2 dated May 2012), (``MUTCD'') IBR approved for 
Sec. Sec.  1926.200(g) and 1926.201(a).
    (2) [Reserved]
    (o) The following material is available for purchase from the 
General Services Administration (GSA), 1800 F Street, NW., Washington, 
DC 20405; telephone: (202) 501-0800; Web site: http://www.gsa.gov/:
    (1) QQ-P-416, Federal Specification Plating Cadmium 
(Electrodeposited), IBR approved for Sec.  1926.104(e).
    (2) [Reserved]
    (p) The following material is available for purchase from the 
Institute of Makers of Explosives (IME), 1120 19th Street, NW., Suite 
310, Washington, DC 20036; telephone: 202-429-9280; fax: 202-429-9280; 
e-mail: [email protected]; Web site: http://www.ime.org/:
    (1) IME Pub. No. 2, American Table of Distances for Storage of 
Explosives,

[[Page 18]]

Jun. 5, 1964, IBR approved for Sec.  1926.914(a).
    (2) IME Pub. No. 20, Radio Frequency Energy--A Potential Hazard in 
the Use of Electric Blasting Caps, Mar. 1968, IBR approved for Sec.  
1926.900(k).
    (q) The following material is available from the International 
Labour Organization (ILO), 4 route des Morillons, CH-1211 Gen[egrave]ve 
22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41 (0) 22 798 
8685; website://www.ilo.org/:
    (1) Guidelines for the Use of the ILO International Classification 
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational 
safety and health series; 22 (Rev.2011), IBR approved for Sec.  
1926.1101.
    (2) [Reserved]
    (r) The following material is available for purchase from the 
International Organization for Standardization (ISO), 1, ch. de la Voie-
Creuse, Case postale 56, CH-1211 Geneva 20, Switzerland; telephone: + 41 
22 749 01 11; fax: + 41 22 733 34 30; Web site: http://www.iso.org/:
    (1) ISO 3471:2008(E), Earth-moving machinery--Roll-over protective 
structures--Laboratory tests and performance requirements, Fourth 
Edition, Aug. 8, 2008 (``ISO 3471:2008''), IBR approved for Sec. Sec.  
1926.1001(c) and 1926.1002(c).
    (2) ISO 5700:2013(E), Tractors for agriculture and forestry--Roll-
over protective structures--Static test method and acceptance 
conditions, Fifth Edition, May 1, 2013 (``ISO 5700:2013''), IBR approved 
for Sec.  1926.1002(c).
    (3) ISO 27850:2013(E), Tractors for agriculture and forestry--
Falling object protective structures--Test procedures and performance 
requirements, First Edition, May.01, 2013 (``ISO 27850:2013''), IBR 
approved for Sec.  1926.1003(c).
    (4) ISO 11660-1:2008(E), Cranes--Access, guards and restraints--Part 
1: General, 2d ed., Feb. 15, 2008 (``ISO 11660-1:2008(E)''), IBR 
approved for Sec.  1926.1423(c).
    (5) ISO 11660-2:1994(E), Cranes--Access, guards and restraints--Part 
2: Mobile cranes, 1994 (``ISO 11660-2:1994(E)''), IBR approved for Sec.  
1926.1423(c).
    (6) ISO 11660-3:2008(E), Cranes--Access, guards and restraints--Part 
3: Tower cranes, 2d ed., Feb. 15, 2008 (``ISO 11660-3:2008(E)''), IBR 
approved for Sec.  1926.1423(c).
    (s) The following material is available for purchase from the 
National Fire Protection Association (NFPA), 1 Batterymarch Park, 
Quincy, MA 02169; telephone: 617-770-3000; fax: 617-770-0700; Web site: 
http://www.nfpa.org/:
    (1) NFPA 10A-1970, Maintenance and Use of Portable Fire 
Extinguishers, IBR approved for Sec.  1926.150(c).
    (2) NFPA 13-1969, Standard for the Installation of Sprinkler 
Systems, IBR approved for Sec.  1926.152(d).
    (3) NFPA 30-1969, The Flammable and Combustible Liquids Code, IBR 
approved for Sec.  1926.152(c).
    (4) NFPA 80-1970, Standard for Fire Doors and Windows, Class E or F 
Openings, IBR approved for Sec.  1926.152(b).
    (5) NFPA 251-1969, Standard Methods of Fire Test of Building 
Construction and Material, IBR approved for Sec. Sec.  1926.152(b) and 
1926.155(f).
    (6) NFPA 385-1966, Standard for Tank Vehicles for Flammable and 
Combustible Liquids, IBR approved for Sec.  1926.152(g).
    (t) The following material is available for purchase from the Power 
Crane and Shovel Association (PCSA), 6737 W. Washington Street, Suite 
2400, Milwaukee, WI 53214; telephone: 1-800-369-2310; fax: 414-272-1170; 
Web site: http://www.aem.org/CBC/ProdSpec/PCSA/:
    (1) PCSA Std. No. 1, Mobile Crane and Excavator Standards, 1968, IBR 
approved for Sec.  1926.602(b).
    (2) PCSA Std. No. 2, Mobile Hydraulic Crane Standards, 1968 (``PCSA 
Std. No. 2 (1968)''), IBR approved for Sec. Sec.  1926.602(b) and 
1926.1433(a).
    (3) PCSA Std. No. 3, Mobile Hydraulic Excavator Standards, 1969, IBR 
approved for Sec.  1926.602(b).
    (u) The following material is available from the Society of 
Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 
15096; telephone: 1-877-606-7323; fax: 724-776-0790; website: 
www.sae.org/:
    (1) SAE 1970 Handbook, IBR approved for Sec.  1926.602(b).
    (2) SAE J166-1971, Trucks and Wagons, IBR approved for Sec.  
1926.602(a).
    (3) SAE J167, Protective Frame with Overhead Protection-Test 
Procedures

[[Page 19]]

and Performance Requirements, approved July 1970, IBR approved for Sec.  
1926.1003(b).
    (4) SAE J168, Protective Enclosures-Test Procedures and Performance 
Requirements, approved July 1970, IBR approved for Sec.  1926.1002(b).
    (5) SAE J185 (reaf. May 2003), Access Systems for Off-Road Machines, 
reaffirmed May 2003 (``SAE J185 (May 1993)''), IBR approved for Sec.  
1926.1423(c).
    (6) SAE J236-1971, Self-Propelled Graders, IBR approved for Sec.  
1926.602(a).
    (7) SAE J237-1971, Front End Loaders and Dozers, IBR approved for 
Sec.  1926.602(a).
    (8) SAE J319b-1971, Self-Propelled Scrapers, IBR approved for Sec.  
1926.602(a).
    (9) SAE J320a, Minimum Performance Criteria for Roll-Over Protective 
Structure for Rubber-Tired, Self-Propelled Scrapers, revised July 1969 
(editorial change July 1970), IBR approved for Sec.  1926.1001(b).
    (10) SAE J321a-1970, Fenders for Pneumatic-Tired Earthmoving Haulage 
Equipment, IBR approved for Sec.  1926.602(a).
    (11) SAE J333a-1970, Operator Protection for Agricultural and Light 
Industrial Tractors, IBR approved for Sec.  1926.602(a).
    (12) SAE J334a, Protective Frame Test Procedures and Performance 
Requirements, revised July 1970, IBR approved for Sec.  1926.1002(b).
    (13) SAE J386-1969, Seat Belts for Construction Equipment, IBR 
approved for Sec.  1926.602(a).
    (14) SAE J394, Minimum Performance Criteria for Roll-Over Protective 
Structure for Rubber-Tired Front End Loaders and Rubber-Tired Dozers, 
approved July 1969 (editorial change July 1970), IBR approved for Sec.  
1926.1001(b).
    (15) SAE J395, Minimum Performance Criteria for Roll-Over Protective 
Structure for Crawler Tractors and Crawler-Type Loaders, approved July 
1969 (editorial change July 1970), IBR approved for Sec.  1926.1001(b).
    (16) SAE J396, Minimum Performance Criteria for Roll-Over Protective 
Structure for Motor Graders, approved July 1969 (editorial change July 
1970), IBR approved for Sec.  1926.1001(b).
    (17) SAE J397, Critical Zone Characteristics and Dimensions for 
Operators of Construction and Industrial Machinery, approved July 1969, 
IBR approved for Sec.  1926.1001(b).
    (18) SAE J987 (rev. Jun. 2003), Lattice Boom Cranes--Method of Test, 
revised Jun. 2003 (``SAE J987 (Jun. 2003)''), IBR approved for Sec.  
1926.1433(c).
    (19) SAE J1063 (rev. Nov. 1993), Cantilevered Boom Crane 
Structures--Method of Test, revised Nov. 1993 (``SAE J1063 (Nov. 
1993)''), IBR approved for Sec.  1926.1433(c).
    (v) The following material is available for purchase from the United 
States Army Corps of Engineers, 441 G Street, NW., Washington, DC 20314; 
telephone: 202-761-0011; e-mail: [email protected]; Web 
site: http://www.usace.army.mil/:
    (1) EM-385-1-1, General Safety Requirements, Mar. 1967, IBR approved 
for Sec.  1926.1000(f).
    (2) [Reserved]

[75 FR 48130, Aug. 9, 2010, as amended at 77 FR 37600, June 22, 2012; 78 
FR 35566, June 13, 2013; 78 FR 66641, Nov. 6, 2013; 79 FR 20692, Apr. 
11, 2014; 81 FR 16092, Mar. 25, 2016; 84 FR 21574, May 14, 2019]



                    Subpart B_General Interpretations

    Authority: Sec. 107, Contract Work Hours and Safety Standards Act 
(Construction Safety Act) (40 U.S.C. 333).



Sec.  1926.10  Scope of subpart.

    (a) This subpart contains the general rules of the Secretary of 
Labor interpreting and applying the construction safety and health 
provisions of section 107 of the Contract Work Hours and Safety 
Standards Act (83 Stat. 96). Section 107 requires as a condition of each 
contract which is entered into under legislation subject to 
Reorganization Plan Number 14 of 1950 (64 Stat. 1267), and which is for 
construction, alteration, and/or repair, including painting and 
decorating, that no contractor or subcontractor contracting for any part 
of the contract work shall require any laborer or mechanic employed in 
the performance of the contract to work in surroundings or under working 
conditions which are unsanitary, hazardous, or dangerous to his health 
or safety, as determined under construction safety and health standards 
promulgated by the Secretary by regulation.

[[Page 20]]



Sec.  1926.11  Coverage under section 103 of the act distinguished.

    (a) Coverage under section 103. It is important to note that the 
coverage of section 107 differs from that for the overtime requirements 
of the Contract Work Hours and Safety Standards Act. The application of 
the overtime requirements is governed by section 103, which subject to 
specific exemptions, includes: (1) Federal contracts requiring or 
involving the employment of laborers or mechanics (thus including, but 
not limited to, contracts for construction), and (2) contracts assisted 
in whole or in part by Federal loans, grants, or guarantees under any 
statute ``providing wage standards for such work.'' The statutes 
``providing wage standards for such work'' include statutes for 
construction which require the payment of minimum wages in accordance 
with prevailing wage findings by the Secretary of Labor in accordance 
with the Davis-Bacon Act. A provision to section 103 excludes from the 
overtime requirements work where the Federal assistance is only in the 
form of a loan guarantee or insurance.
    (b) Coverage under section 107. To be covered by section 107 of the 
Contract Work Hours and Safety Standards Act, a contract must be one 
which (1) is entered into under a statute that is subject to 
Reorganization Plan No. 14 of 1950 (64 Stat. 1267); and (2) is for 
``construction, alteration, and/or repair, including painting and 
decorating.''



Sec.  1926.12  Reorganization Plan No. 14 of 1950.

    (a) General provisions. Reorganization Plan No. 14 of 1950 relates 
to the prescribing by the Secretary of Labor of ``appropriate standards, 
regulations, and procedures'' with respect to the enforcement of labor 
standards under Federal and federally assisted contracts which are 
subject to various statutes subject to the Plan. The rules of the 
Secretary of Labor implementing the Plan are published in part 5 of this 
title. Briefly, the statutes subject to the Plan include the Davis-Bacon 
Act, including its extension to Federal-aid highway legislation subject 
to 23 U.S.C. 113, and other statutes subject to the Plan by its original 
terms, statutes by which the Plan is expressly applied, such as the 
Contract Work Hours Standards Act by virtue of section 104(d) thereof.
    (b) The Plan. (1) The statutes subject to Reorganization Plan No. 14 
of 1950 are cited and briefly described in the remaining paragraphs of 
this section. These descriptions are general in nature and not intended 
to convey the full scope of the work to be performed under each statute. 
The individual statutes should be resorted to for a more detailed scope 
of the work.
    (2) Federal-Aid Highway Acts. The provisions codified in 23 U.S.C. 
113 apply to the initial construction, reconstruction, or improvement 
work performed by contractors or subcontractors on highway projects on 
the Federal-aid systems, the primary and secondary, as well as their 
extensions in urban areas, and the Interstate System, authorized under 
the highway laws providing for the expenditure of Federal funds upon the 
Federal-aid system. As cited in 41 Op. A.G. 488, 496, the Attorney 
General ruled that the Federal-Aid Highway Acts are subject to 
Reorganization Plan No. 14 of 1950.
    (3) National Housing Act (12 U.S.C. 1713, 1715a, 1715e, 1715k, 
1715l(d)(3) and (4), 1715v, 1715w, 1715x, 1743, 1747, 1748, 1748h-2, 
1750g, 1715l(h)(1), 1715z(j)(1), 1715z-1, 1715y(d), Subchapter 1x-A and 
1x-B, 1715z-7). This act covers construction which is financed with 
assistance by the Federal Government through programs of loan and 
mortgage insurance for the following purposes:
    (i) Rental Housing--Section 1713 provides mortgage and insurance on 
rental housing of eight or more units and on mobile-home courts.
    (ii) Section 1715a--Repealed.
    (iii) Cooperative Housing--Section 1715e authorizes mortgage 
insurance on cooperative housing of five or more units as well as 
supplementary loans for improvement of repair or resale of memberships.
    (iv) Urban Renewal Housing--Section 1715k provides mortgage 
insurance on single family or multifamily housing in approved urban 
renewal areas.
    (v) Low or Moderate Income Housing--Section 1715L(d) (3) and (4) 
insures mortgages on low-cost single family or multifamily housing.

[[Page 21]]

    (vi) Housing for Elderly--Section 1715v provides mortgage insurance 
on rental housing for elderly or handicapped persons.
    (vii) Nursing Homes--Section 1715w authorizes mortgage insurance on 
nursing home facilities and major equipment.
    (viii) Experimental Housing--Section 1715x provides mortgage 
insurance on single family or multifamily housing with experimental 
design of materials.
    (ix) War Housing Insurance--Section 1743 not active.
    (x) Yield Insurance--Section 1747 insures investment returns on 
multifamily housing.
    (xi) Armed Services Housing--Section 1748b to assist in relieving 
acute shortage and urgent need for family housing at or in areas 
adjacent to military installations.
    (xii) Defense Housing for Impacted Areas--Section 1748h-2 provides 
mortgage insurance on single family or multifamily housing for sale or 
rent primarily to military or civilian personnel of the Armed Services, 
National Aeronautics and Space Administration, or Atomic Energy 
Commission.
    (xiii) Defense Rental Housing--Section 1750g provides for mortgage 
insurance in critical defense housing areas.
    (xiv) Rehabilitation--Section 1715L (h)(1) provides mortgage 
insurance for nonprofit organizations to finance the purchase and 
rehabilitation of deteriorating or substandard housing for subsequent 
resale to low-income home purchasers. There must be located on the 
property five or more single family dwellings of detached, semidetached, 
or row construction.
    (xv) Homeowner Assistance--Section 1715Z(j)(1) authorizes mortgage 
insurance to nonprofit organizations or public bodies or agencies 
executed to finance sale of individual dwellings to lower income 
individuals or families. Also includes the rehabilitation of such 
housing if it is deteriorating or substandard for subsequent resale to 
lower income home purchasers.
    (xvi) Rental Housing Assistance--Section 1715Z-1 authorizes mortgage 
insurance and interest reduction payments on behalf of owners of rental 
housing projects designed for occupancy by lower income families. 
Payments are also authorized for certain State or locally aided 
projects.
    (xvii) Condominium Housing--Section 1715y(d) provides mortgage 
insurance on property purchased for the development of building sites. 
This includes waterlines and water supply installations, sewer lines and 
sewage disposal installations, steam, gas, and electrical lines and 
installations, roads, streets, curbs, gutters, sidewalks, storm drainage 
facilities, and other installations or work.
    (xviii) Group Medical Practice Facilities--Subchapter LX-B 
authorizes mortgage insurance for the financing of construction and 
equipment, of facilities for group practice of medicine, optometry, or 
dentistry.
    (xix) Nonprofit Hospitals--1715z-7 authorizes mortgage insurance to 
cover new and rehabilitated hospitals, including initial equipment.
    (4) Hospital Survey and Construction Act, as amended by the Hospital 
and Medical Facilities Amendments of 1964 (42 U.S.C. 291e).The 
provisions of this Act cover construction contracts made by State or 
local authorities or private institutions under Federal grant-in-aid 
programs for the construction of hospitals and other medical facilities.
    (5) Federal Airport Act (49 U.S.C. 1114(b)). The act provides grant-
in-aid funds for airport construction limited to general site 
preparation runways, taxiways, aprons, lighting appurtenant thereto, and 
fire, rescue, and maintenance buildings. The act excludes construction 
intended for use as a public parking facility for passenger automobiles 
and the cost of construction of any part of an airport building except 
such of those buildings or parts of buildings to house facilities or 
activities directly related to the safety of persons at the airport.
    (6) Housing Act of 1949 (42 U.S.C. 1459). Construction contracts 
awarded by local authorities financed with the assistance of loans and 
grants from the Federal Government. The construction programs are for 
slum clearance and urban renewal which includes rehabilitation grants, 
neighborhood development programs, neighborhood renewal plans, community 
renewal, demolition projects, and assistance for blighted areas. See the 
Housing Act of 1964,

[[Page 22]]

paragraph (b)(21) of this section, concerning financial assistance for 
low-rent housing for domestic farm labor.
    (7) School Survey and Construction Act of 1950 (20 U.S.C. 636). This 
act provides for a Federal grant-in-aid program to assist in the 
construction of schools in federally affected areas.
    (8) Defense Housing & Community Facilities & Services Act of 1951 
(42 U.S.C. 1592i). Inactive Program.
    (9) United States Housing Act of 1937 (42 U.S.C. 1416). This statute 
covers the construction of low-rent public housing and slum clearance 
projects awarded by local authorities. These projects are financed with 
the assistance of loans and grants from the Federal Government. The slum 
clearance is the demolition and removal of buildings from any slum area 
to be used for a low-rent housing project.
    (10) Federal Civil Defense Act of 1950 (50 U.S.C. App. 2281). This 
act provides for Federal assistance to the several States and their 
political subdivisions in the field of civil defense which includes 
procurement, construction, leasing, or renovating of materials and 
facilities.
    (11) Delaware River Basin Compact (sec. 15.1, 75 Stat. 714). This 
joint resolution creates, by intergovernmental compact between the 
United States, Delaware, New Jersey, New York, and Pennsylvania, a 
regional agency for planning, conservation, utilization, development, 
management and control of the water and related sources of the Delaware 
River.
    (12) Cooperative Research Act (20 U.S.C. 332a(c)). This act provides 
Federal grants to a university, college, or other appropriate public or 
nonprofit private agency or institution for part or all of the cost of 
constructing a facility for research or for research and related 
purposes. Research and related purposes means research, research 
training, surveys, or demonstrations in the field of education, or the 
dissemination of information derived therefrom, or all of such 
activities, including (but without limitation) experimental schools, 
except that such term does not include research, research training, 
surveys, or demonstrations in the field of sectarian instruction or the 
dissemination of information derived therefrom. Construction includes 
new buildings, and the acquisition, expansion, remodeling, replacement, 
and alteration of existing buildings and the equipping of new buildings 
and existing buildings.
    (13) Health Professions Educational Assistance Act of 1963 (42 
U.S.C. 292d (c)(4), 293a(c)(5)). The provisions of this act provide for 
grants to assist public and nonprofit medical, dental, and similar 
schools for the construction, expansion, or renovation of teaching 
facilities.
    (14) Mental Retardation Facilities Construction Act (42 U.S.C. 
295(a)(2)(D), 2662(5), 2675(a)(5)). This act authorizes Federal 
financial assistance in the construction of centers for research on 
mental retardation and related aspects of human development, of 
university-affiliated facilities for the mentally retarded and of 
facilities for the mentally retarded.
    (15) Community Mental Health Centers Act (42 U.S.C. 2685(a)(5)). 
This act authorizes Federal grants for the construction of public and 
other nonprofit community mental health centers.
    (16) Higher Education Facilities Act of 1963 (20 U.S.C. 753). This 
act authorizes the grant or loan of Federal funds to assist public and 
other nonprofit institutions of higher education in financing the 
construction, rehabilitation, or improvement of academic and related 
facilities in undergraduate and graduate schools.
    (17) Vocational Educational Act of 1963 (20 U.S.C. 35f). This act 
provides for Federal grants to the various States for construction of 
area vocational education school facilities.
    (18) Library Services and Construction Act (20 U.S.C. 355e(a)(4)). 
This act provides for Federal assistance to the various States for the 
construction of public libraries.
    (19) Urban Mass Transportation Act of 1954 (49 U.S.C. 1609). This 
act provides for grants and loans to assist States and local public 
bodies and agencies thereof in financing the acquisition, construction, 
reconstruction, and improvement of facilities and equipment for use, by 
operation or lease or otherwise, in mass transportation service in urban 
areas and in coordinating such

[[Page 23]]

service with highway and other transportation in such areas.
    (20) Economic Opportunity Act of 1964 (42 U.S.C. 2947). This act 
covers construction which is financed with assistance of the Federal 
Government for the following purposes:
    (i) Authorizes Federal assistance for construction of projects, 
buildings and works which will provide young men and women in rural and 
urban residential centers with education, vocational training, and 
useful work experience (Title I).
    (ii) Authorizes financial assistance for construction work planned 
and carried out at the community level for antipoverty programs (Title 
II):
    (a) Authorizes loans to low income rural families by assisting them 
to acquire or improve real estate or reduce encumbrances or erect 
improvements thereon, and to participate in cooperative associations 
and/or to finance nonagricultural enterprises which will enable such 
families to supplement their income (Title III);
    (b) Authorizes loans to local cooperative associations furnishing 
essential processing, purchasing, or marketing services, supplies, or 
facilities predominantly to low-income rural families (Title III);
    (c) Authorizes financial assistance to States, political 
subdivisions of States, public and nonprofit agencies, institutions, 
organizations, farm associations, or individuals in establishing 
housing, sanitation, education, and child day-care programs for migrants 
and other seasonally employed agricultural employees and their families 
(Title III).
    (iii) Authorizes loans or guarantees loans to small businesses for 
construction work (Title IV).
    (iv) Authorizes the payment of the cost of experimental, pilot, or 
demonstration projects to foster State programs providing construction 
work experience or training for unemployed fathers and needy people 
(Title V).
    (21) Housing Act of 1964 (42 U.S.C. 1486(f); 42 U.S.C. 1452b(e)). 
Provides financial assistance for low-rent housing for domestic farm 
labor. The Act further provides for loans, through public or private 
agencies, where feasible, to owners or tenants of property in urban 
renewal areas to finance rehabilitation required to conform the property 
to applicable code requirements or carry out the objectives of the urban 
renewal plan for the area.
    (22) The Commercial Fisheries Research and Development Act of 1964 
(16 U.S.C. 779e(b)). This Act authorizes financial assistance to State 
agencies for construction projects designed for the research and 
development of the commercial fisheries resources of the Nation.
    (23) The Nurse Training Act of 1964 (42 U.S.C. 296a(b)(5)). This act 
provides for grants to assist in the construction of new facilities for 
collegiate, associate degree, and diploma schools of nursing, or 
replacement or rehabilitation of existing facilities of such schools.
    (24) Elementary and Secondary Education Act of 1965 (20 U.S.C. 241i, 
848). The purpose of the act is to provide financial assistance to local 
educational agencies serving areas with concentrations of children from 
low-income families for construction in connection with the expansion or 
improvement of their educational programs.
    (25) Federal Water Pollution Control Act, as amended by the Water 
Quality Act of 1965 (3 U.S.C. 466e(g)). Provides for financial 
assistance to States or municipalities for construction of facilities in 
connection with the prevention and control of water pollution. This 
includes projects that will control the discharge into any waters of 
untreated or inadequately treated sewage.
    (26) Appalachian Regional Development Act of 1965 (40 U.S.C. App. 
402). Authorizes Federal assistance in the construction of an 
Appalachian development highway system; construction of multicounty 
demonstration health facilities, hospitals, regional health, diagnostic 
and treatment centers, and other facilities for health; seal and fill 
voids in abandoned mines and to rehabilitate strip mine areas; 
construction of school facilities for vocational education; and to 
assist in construction of sewage treatment works.
    (27) National Technical Institute for the Deaf Act (20 U.S.C. 
684(b)(5)). Provides for financial assistance for institutions of higher 
education for the establishment, construction, including equipment and 
operation, of a National Institution for the Deaf.

[[Page 24]]

    (28) Housing Act of 1959 (12 U.S.C. 1701(q)(c)(3)). This act 
authorizes loans to nonprofit corporations to be used for the 
construction of housing and related facilities for elderly families. 
Also, the provisions of the act provide for rehabilitation, alteration, 
conversion or improvement of existing structures which are otherwise 
inadequate for proposed dwellings used by such families.
    (29) College Housing Act of 1950, as amended (12 U.S.C. 1749a(f)). 
This act provides for Federal loans to assist educational institutions 
in providing housing and other educational facilities for students and 
faculties.
    (30) Housing and Urban Development Act of 1965 (42 U.S.C. 1500c-3, 
3107). This act provides for Federal assistance for the following 
purposes:
    (i) Grants to States and local public bodies to assist in any 
construction work to be carried out under the open-space land and urban 
beautification provisions contained therein. It provides for parks and 
recreation areas, conservation of land and other natural resources, and 
historical and scenic purposes.
    (ii) Grants to local public bodies and agencies to finance specific 
projects for basic public water facilities (including works for the 
storage, treatment, purification, and distribution of water), and for 
basic public sewer facilities (other than ``treatment works'' as defined 
in the Federal Water Pollution Control Act).
    (iii) Grants to any local public body or agency to assist in 
financing neighborhood facilities. These facilities must be necessary 
for carrying out a program of health, recreational, social, or similar 
community service and located so as to be available for the use of the 
area's low or moderate income residents.
    (31) National Foundation on the Arts and the Humanities Act of 1965 
(20 U.S.C. 954(k)). The act establishes the ``National Foundation on the 
Arts and the Humanities'' which may provide matching grants to groups 
(nonprofit organizations and State and other public organizations) and 
to individuals engaged in creative and performing arts for the entire 
range of artistic activity, including construction of necessary 
facilities.
    (32) Public Works and Economic Development Act of 1965 (42 U.S.C. 
3222). This act provides for Federal assistance for the following 
purposes:
    (i) Grants for the acquisition or development of land or 
improvements for public works or development facility usage in 
redevelopment areas. It authorizes loans to assist in financing the 
purchase or development of land for public works which will assist in 
the creation of long-term employment opportunities in the area.
    (ii) Loans for the purchase or development of land and facilities 
(including machinery and equipment) for industrial or commercial usage 
within redevelopment areas; guarantee of loans for working capital made 
to private borrowers by private lending institutions in connection with 
direct loan projects; and to contract to pay to, or on behalf of, 
business entities locating in redevelopment areas, a portion of the 
interest costs which they incur in financing their expansions from 
private sources.
    (iii) Loans and grants to create economic development centers within 
designated county economic development districts.
    (33) High-Speed Ground Transportation Study (40 U.S.C. 1636(b)). 
This act provides for financial assistance for construction activities 
in connection with research and development of different forms of high-
speed ground transportation and demonstration projects relating to 
intercity rail passenger service.
    (34) Heart Disease, Cancer and Stroke Amendments of 1965 (42 U.S.C. 
299(b)(4)). This act provides for grants to public or nonprofit private 
universities, medical schools, research, institutions, hospitals, and 
other public and nonprofit agencies and institutions, or associations 
thereof to assist in construction and equipment of facilities in 
connection with research, training, demonstration of patient care, 
diagnostic and treatment related to heart disease, cancer, stroke, and 
other major diseases.
    (35) Mental Retardation Facilities and Community Mental Health 
Centers Construction Act Amendments of 1965 (20 U.S.C. 618(g)). These 
provisions provide

[[Page 25]]

for grants to institutions of higher education for construction of 
facilities for research or for research and related purposes relating to 
education for mentally retarded, hard of hearing, deaf, speech impaired, 
visually handicapped, seriously emotionally disturbed, crippled, or 
other health impaired children who by reason thereof require special 
education.
    (36) Vocational Rehabilitation Act Amendments of 1965 (29 U.S.C. 
41a(b)(4)). This act authorizes grants to assist in meeting the costs of 
construction of public or other nonprofit workshops and rehabilitation 
facilities.
    (37) Clean Air and Solid Waste Disposal Acts (42 U.S.C. 3256). This 
act provides for financial assistance to public (Federal, State, 
interstate, or local) authorities, agencies, and institutions, private 
agencies and institutions, and individuals in the construction of 
facilities for solid-waste disposal. The term construction includes the 
installation of initial equipment.
    (38) Medical Library Assistance Act of 1965 (42 U.S.C. 280b-
3(b)(3)). This act provides for grants to public or private non-profit 
agencies or institutions for the cost of construction of medical library 
facilities.
    (39) Veterans Nursing Home Care Act (38 U.S.C. 5035(a)(8)). The 
construction industry health and safety standards do not apply to this 
act since it is not subject to Reorganization Plan No. 14 of 1950.
    (40) National Capital Transportation Act of 1965 (40 U.S.C. 
682(b)(4)). This act provides for Federal assistance to the National 
Capital Transportation Agency for construction of a rail rapid transit 
system and related facilities for the Nation's Capital.
    (41) Alaska Centennial--1967 (80 Stat. 82). The program under this 
legislation has expired.
    (42) Model Secondary School for the Deaf Act (80 Stat. 1028). This 
act provides for funds to establish and operate, including construction 
and initial equipment of new buildings, expansion, remodeling, and 
alteration of existing buildings and equipment thereof, a model 
secondary school for the deaf to serve the residents of the District of 
Columbia and nearby States.
    (43) Allied Health Professions Personnel Training Act of 1966 (42 
U.S.C. 295h(b)(2)(E)). This act provides for grants to assist in the 
construction of new facilities for training centers for allied health 
professions, or replacement or rehabilitation of existing facilities for 
such centers.
    (44) Demonstration Cities and Metropolitan Development Act of 1966 
(42 U.S.C. 3310; 12 U.S.C. 1715c; 42 U.S.C. 1416). This act provides for 
Federal assistance for the following purposes:
    (i) Grants to assist in the construction, rehabilitation, 
alteration, or repair of residential property only if such residential 
property is designed for residential use for eight or more families to 
enable city demonstration agencies to carry out comprehensive city 
demonstration programs (42 U.S.C. 3310).
    (ii) Amends the National Housing Act (12 U.S.C. 1715c) and the 
Housing Act of 1937 (42 U.S.C. 1416). See these acts for coverage.
    (45) Air Quality Act of 1967 (42 U.S.C. 1857j-3). This act provides 
for Federal assistance to public or nonprofit agencies, institutions, 
and organizations and to individuals, and contracts with public or 
private agencies, institutions, or persons for construction of research 
and development facilities and demonstration plants relating to the 
application of preventing or controlling discharges into the air of 
various types of pollutants.
    (46) Elementary and Secondary Education Amendments of 1967 (Title 
VII--Bilingual Education Act) (20 U.S.C. 880b-6). This act provides for 
Federal assistance to local educational agencies or to an institution of 
higher education applying jointly with a local educational agency for 
minor remodeling projects in connection with bilingual education 
programs to meet the special needs of children with limited English-
speaking ability in the United States.
    (47) Vocational Rehabilitation Amendments of 1967 (29 U.S.C. 
42a(c)(3)). This act authorizes Federal assistance to any public or 
nonprofit private agency or organization for the construction of a 
center for vocational rehabilitation of handicapped individuals who are 
both deaf and blind which shall be known as the National Center for 
Deaf-Blind Youths and Adults. Construction

[[Page 26]]

includes new buildings and expansion, remodeling, alteration and 
renovation of existing buildings, and initial equipment of such new, 
newly acquired, expanded, remodeled, altered, or renovated buildings.
    (48) National Visitor Center Facilities Act of 1968 (40 U.S.C. 808). 
This act authorizes agreements and leases with the owner of property in 
the District of Columbia known as Union Station for the use of all or a 
part of such property for a national visitor center to be known as the 
National Visitor Center. The agreements and leases shall provide for 
such alterations of the Union Station Building as necessary to provide 
adequate facilities for visitors. They also provide for the construction 
of a parking facility, including necessary approaches and ramps.
    (49) Juvenile Delinquency Prevention and Control Act of 1968 (42 
U.S.C. 3843). This act provides for Federal grants to State, county, 
municipal, or other public agency or combination thereof for the 
construction of facilities to be used in connection with rehabilitation 
services for the diagnosis, treatment, and rehabilitation of delinquent 
youths and youths in danger of becoming delinquent.
    (50) Housing and Urban Development Act of 1968 (including New 
Communities Act of 1968) (42 U.S.C. 3909). This act provides for Federal 
assistance for the following purposes:
    (i) Guarantees, and commitments to guarantee, the bonds, debentures, 
notes, and other obligations issued by new community developers to help 
finance new community development projects.
    (ii) Amends section 212(a) of the National Housing Act, adding 
section 236 for ``Rental Housing for Lower Income Families'' and section 
242 ``Mortgage Insurance for Nonprofit Hospitals'' thereto.
    (51) Public Health Service Act Amendment (Alcoholic and Narcotic 
Addict Rehabilitation Amendments of 1968) (42 U.S.C. 2681, et seq.). 
This act provides for grants to a public and nonprofit private agency or 
organization for construction projects consisting of any facilities 
(including post-hospitalization treatment facilities for the prevention 
and treatment of alcoholism or treatment of narcotic addicts.)
    (52) Vocational Education Amendments of 1968 (20 U.S.C. 1246). This 
act provides for grants to States for the construction of area 
vocational education school facilities. The act further provides grants 
to public educational agencies, organizations, or institutions for 
construction of residential schools to provide vocational education for 
the purpose of demonstrating the feasibility and desirability of such 
schools. The act still further provides grants to State boards, to 
colleges and universities, to public educational agencies, organizations 
or institutions to reduce the cost of borrowing funds for the 
construction of residential schools and dormitories.
    (53) Postal Reorganization Act (39 U.S.C. 410(d)(2)). This Act 
provides for construction, modification, alteration, repair, and other 
improvements of postal facilities located in leased buildings.
    (54) Airport and Airway Development Act of 1970 (Pub. L. 91-258, 
section 52(b)(7)). This Act provides for Federal financial assistance to 
States and localities for the construction, improvement, or repair of 
public airports.
    (55)(i) Public Law 91-230. This Act provides for federal financial 
assistance to institutions of higher learning for the construction of a 
National Center on Educational Media and Materials for the Handicapped. 
The program under this statute expires on July 1, 1971. Public Law 91-
230, section 662(1).
    (ii) Education of the Handicapped Act (20 U.S.C. 12326, 1404(a)). 
This Act provides for financial assistance to States for construction, 
expansion, remodeling, or alteration of facilities for the education of 
handicapped children at the preschool, elementary school, and secondary 
school levels.
    (56) Housing and Urban Development Act of 1970 (Pub. L. 91-609, 
section 707(b)). This Act provides for grants to States and local public 
agencies to help finance the development of open-space or other land in 
urban areas for open-space uses. This Act becomes effective on July 1, 
1971.
    (57) Developmental Disabilities Services and Facilities Construction 
Amendments of 1970 (Pub. L. 91-517, section 135(a)(5)).

[[Page 27]]

This Act authorizes grants to States for construction of facilities for 
the provision of services to persons with developmental disabilities who 
are unable to pay for such services.
    (58) Rail Passenger Service Act of 1970 (Pub. L. 91-518, section 
405(d)). This statute provides that the National Railroad Passenger 
Corporation may construct physical facilities necessary to intercity 
rail passenger operations within the basic national rail passenger 
system designated by the Secretary of Transportation.
    (c) VA and FHA housing. In the course of the legislative development 
of section 107, it was recognized that section 107 would not apply to 
housing construction for which insurance was issued by the Federal 
Housing Authority and Veterans' Administration for individual home 
ownership. Concerning construction under the National Housing Act, 
Reorganization Plan No. 14 of 1950 applies to construction which is 
subject to the minimum wage requirements of section 212(a) thereof (12 
U.S.C. 1715c).



Sec.  1926.13  Interpretation of statutory terms.

    (a) The terms construction, alteration, and repair used in section 
107 of the Act are also used in section 1 of the Davis-Bacon Act (40 
U.S.C. 276a), providing minimum wage protection on Federal construction 
contracts, and section 1 of the Miller Act (40 U.S.C. 270a), providing 
performance and payment bond protection on Federal construction 
contracts. Similarly, the terms contractor and subcontractor are used in 
those statutes, as well as in Copeland (Anti-Kickback) Act (40 U.S.C. 
276c) and the Contract Work Hours and Safety Standards Act itself, which 
apply concurrently with the Miller Act and the Davis-Bacon Act on 
Federal construction contracts and also apply to most federally assisted 
construction contracts. The use of the same or identical terms in these 
statutes which apply concurrently with section 107 of the Act have 
considerable precedential value in ascertaining the coverage of section 
107.
    (b) It should be noted that section 1 of the Davis-Bacon Act limits 
minimum wage protection to laborers and mechanics ``employed directly'' 
upon the ``site of the work.'' There is no comparable limitation in 
section 107 of the Act. Section 107 expressly requires as a self-
executing condition of each covered contract that no contractor or 
subcontractor shall require ``any laborer or mechanic employed in the 
performance of the contract to work in surroundings or under working 
conditions which are unsanitary, hazardous, or dangerous to his health 
or safety'' as these health and safety standards are applied in the 
rules of the Secretary of Labor.
    (c) The term subcontractor under section 107 is considered to mean a 
person who agrees to perform any part of the labor or material 
requirements of a contract for construction, alteration or repair. Cf. 
MacEvoy Co. v. United States, 322 U.S. 102, 108-9 (1944). A person who 
undertakes to perform a portion of a contract involving the furnishing 
of supplies or materials will be considered a ``subcontractor'' under 
this part and section 107 if the work in question involves the 
performance of construction work and is to be performed: (1) Directly on 
or near the construction site, or (2) by the employer for the specific 
project on a customized basis. Thus, a supplier of materials which will 
become an integral part of the construction is a ``subcontractor'' if 
the supplier fabricates or assembles the goods or materials in question 
specifically for the construction project and the work involved may be 
said to be construction activity. If the goods or materials in question 
are ordinarily sold to other customers from regular inventory, the 
supplier is not a ``subcontractor.'' Generally, the furnishing of 
prestressed concrete beams and prestressed structural steel would be 
considered manufacturing; therefore a supplier of such materials would 
not be considered a ``subcontractor.'' An example of material supplied 
``for the specific project on a customized basis'' as that phrase is 
used in this section would be ventilating ducts, fabricated in a shop 
away from the construction job site and specifically cut for the project 
according to design specifications. On the other hand, if a contractor 
buys standard size nails from a foundry, the foundry would not be a

[[Page 28]]

covered ``subcontractor.'' Ordinarily a contract for the supplying of 
construction equipment to a contractor would not, in and of itself, be 
considered a ``subcontractor'' for purposes of this part.



Sec.  1926.14  Federal contract for ``mixed'' types of performance.

    (a) It is the intent of the Congress to provide safety and health 
protection of Federal, federally financed, or federally assisted 
construction. See, for example, H. Report No. 91-241, 91st Cong., first 
session, p. 1 (1969). Thus, it is clear that when a Federal contract 
calls for mixed types of performance, such as both manufacturing and 
construction, section 107 would apply to the construction. By its 
express terms, section 107 applies to a contract which is ``for 
construction, alteration, and/or repair.'' Such a contract is not 
required to be exclusively for such services. The application of the 
section is not limited to contracts which permit an overall 
characterization as ``construction contracts.'' The text of section 107 
is not so limited.
    (b) When the mixed types of performances include both construction 
and manufacturing, see also Sec.  1926.15(b) concerning the relationship 
between the Walsh-Healey Public Contracts Act and section 107.



Sec.  1926.15  Relationship to the Service Contract Act; Walsh-Healey 
Public Contracts Act.

    (a) A contract for ``construction'' is one for nonpersonal service. 
See, e.g., 41 CFR 1-1.208. Section 2(e) of the Service Contract Act of 
1965 requires as a condition of every Federal contract (and bid 
specification therefor) exceeding $2,500, the ``principal purpose'' of 
which is to furnish services to the United States through the use of 
``service employees,'' that certain safety and health standards be met. 
See 29 CFR part 1925, which contains the Department rules concerning 
these standards. Section 7 of the Service Contract Act provides that the 
Act shall not apply to ``any contract of the United States or District 
of Columbia for construction, alteration, and/or repair, including 
painting and decorating of public buildings or public works.'' It is 
clear from the legislative history of section 107 that no gaps in 
coverage between the two statutes are intended.
    (b) The Walsh-Healey Public Contracts Act requires that contracts 
entered into by any Federal agency for the manufacture or furnishing of 
materials, supplies, articles, and equipment in any amount exceeding 
$10,000 must contain, among other provisions, a requirement that ``no 
part of such contract will be performed nor will any of the materials, 
supplies, articles or equipment to be manufactured or furnished under 
said contract be manufactured or fabricated in any plants, factories, 
buildings, or surroundings or under working conditions which are 
unsanitary or hazardous or dangerous to the health and safety of 
employees engaged in the performance of said contract.'' The rules of 
the Secretary concerning these standards are published in 41 CFR part 
50-204, and express the Secretary of Labor's interpretation and 
application of section 1(e) of the Walsh-Healey Public Contracts Act to 
certain particular working conditions. None of the described working 
conditions are intended to deal with construction activities, although 
such activities may conceivably be a part of a contract which is subject 
to the Walsh-Healey Public Contracts Act. Nevertheless, such activities 
remain subject to the general statutory duty prescribed by section 1(e). 
Section 103(b) of the Contract Work Hours and Safety Standards Act 
provides, among other things, that the Act shall not apply to any work 
required to be done in accordance with the provisions of the Walsh-
Healey Public Contracts Act.



Sec.  1926.16  Rules of construction.

    (a) The prime contractor and any subcontractors may make their own 
arrangements with respect to obligations which might be more 
appropriately treated on a jobsite basis rather than individually. Thus, 
for example, the prime contractor and his subcontractors may wish to 
make an express agreement that the prime contractor or one of the 
subcontractors will provide all required first-aid or toilet facilities, 
thus relieving the subcontractors from the actual, but not

[[Page 29]]

any legal, responsibility (or, as the case may be, relieving the other 
subcontractors from this responsibility). In no case shall the prime 
contractor be relieved of overall responsibility for compliance with the 
requirements of this part for all work to be performed under the 
contract.
    (b) By contracting for full performance of a contract subject to 
section 107 of the Act, the prime contractor assumes all obligations 
prescribed as employer obligations under the standards contained in this 
part, whether or not he subcontracts any part of the work.
    (c) To the extent that a subcontractor of any tier agrees to perform 
any part of the contract, he also assumes responsibility for complying 
with the standards in this part with respect to that part. Thus, the 
prime contractor assumes the entire responsibility under the contract 
and the subcontractor assumes responsibility with respect to his portion 
of the work. With respect to subcontracted work, the prime contractor 
and any subcontractor or subcontractors shall be deemed to have joint 
responsibility.
    (d) Where joint responsibility exists, both the prime contractor and 
his subcontractor or subcontractors, regardless of tier, shall be 
considered subject to the enforcement provisions of the Act.



             Subpart C_General Safety and Health Provisions

    Authority: 40 U.S.C. 3701 et seq.; 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), 6-96 (62 FR 111), 5-2007 (72 FR 31160), or 1-2012 
(77 FR 3912) as applicable; and 29 CFR part 1911.



Sec.  1926.20  General safety and health provisions.

    (a) Contractor requirements. (1) Section 107 of the Act requires 
that it shall be a condition of each contract which is entered into 
under legislation subject to Reorganization Plan Number 14 of 1950 (64 
Stat. 1267), as defined in Sec.  1926.12, and is for construction, 
alteration, and/or repair, including painting and decorating, that no 
contractor or subcontractor for any part of the contract work shall 
require any laborer or mechanic employed in the performance of the 
contract to work in surroundings or under working conditions which are 
unsanitary, hazardous, or dangerous to his health or safety.
    (b) Accident prevention responsibilities. (1) It shall be the 
responsibility of the employer to initiate and maintain such programs as 
may be necessary to comply with this part.
    (2) Such programs shall provide for frequent and regular inspections 
of the job sites, materials, and equipment to be made by competent 
persons designated by the employers.
    (3) The use of any machinery, tool, material, or equipment which is 
not in compliance with any applicable requirement of this part is 
prohibited. Such machine, tool, material, or equipment shall either be 
identified as unsafe by tagging or locking the controls to render them 
inoperable or shall be physically removed from its place of operation.
    (4) The employer shall permit only those employees qualified by 
training or experience to operate equipment and machinery.
    (c) The standards contained in this part shall apply with respect to 
employments performed in a workplace in a State, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Wake 
Island, Outer Continental Shelf lands defined in the Outer Continental 
Shelf Lands Act, and Johnston Island.
    (d) (1) If a particular standard is specifically applicable to a 
condition, practice, means, method, operation, or process, it shall 
prevail over any different general standard which might otherwise be 
applicable to the same condition, practice, means, method, operation, or 
process.
    (2) On the other hand, any standard shall apply according to its 
terms to any employment and place of employment in any industry, even 
though particular standards are also prescribed for the industry to the 
extent that none of such particular standards applies.
    (e) In the event a standard protects on its face a class of persons 
larger than employees, the standard shall be

[[Page 30]]

applicable under this part only to employees and their employment and 
places of employment.
    (f) Compliance duties owed to each employee--(1) 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.
    (2) 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.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35078, June 30, 1993; 73 FR 75588, Dec. 12, 2008; 85 FR 8735, Feb. 
18, 2020; 85 FR 8735, Feb. 18, 2020]



Sec.  1926.21  Safety training and education.

    (a) General requirements. The Secretary shall, pursuant to section 
107(f) of the Act, establish and supervise programs for the education 
and training of employers and employees in the recognition, avoidance 
and prevention of unsafe conditions in employments covered by the act.
    (b) Employer responsibility. (1) The employer should avail himself 
of the safety and health training programs the Secretary provides.
    (2) The employer shall instruct each employee in the recognition and 
avoidance of unsafe conditions and the regulations applicable to his 
work environment to control or eliminate any hazards or other exposure 
to illness or injury.
    (3) Employees required to handle or use poisons, caustics, and other 
harmful substances shall be instructed regarding the safe handling and 
use, and be made aware of the potential hazards, personal hygiene, and 
personal protective measures required.
    (4) In job site areas where harmful plants or animals are present, 
employees who may be exposed shall be instructed regarding the potential 
hazards, and how to avoid injury, and the first aid procedures to be 
used in the event of injury.
    (5) Employees required to handle or use flammable liquids, gases, or 
toxic materials shall be instructed in the safe handling and use of 
these materials and made aware of the specific requirements contained in 
subparts D, F, and other applicable subparts of this part.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 80 
FR 25518, May 4, 2015]



Sec.  1926.22  Recording and reporting of injuries. [Reserved]



Sec.  1926.23  First aid and medical attention.

    First aid services and provisions for medical care shall be made 
available by the employer for every employee covered by these 
regulations. Regulations prescribing specific requirements for first 
aid, medical attention, and emergency facilities are contained in 
subpart D of this part.



Sec.  1926.24  Fire protection and prevention.

    The employer shall be responsible for the development and 
maintenance of an effective fire protection and prevention program at 
the job site throughout all phases of the construction, repair, 
alteration, or demolition work. The employer shall ensure the 
availability of the fire protection and suppression equipment required 
by subpart F of this part.



Sec.  1926.25  Housekeeping.

    (a) During the course of construction, alteration, or repairs, form 
and scrap lumber with protruding nails, and all other debris, shall be 
kept cleared from work areas, passageways, and stairs, in

[[Page 31]]

and around buildings or other structures.
    (b) Combustible scrap and debris shall be removed at regular 
intervals during the course of construction. Safe means shall be 
provided to facilitate such removal.
    (c) Containers shall be provided for the collection and separation 
of waste, trash, oily and used rags, and other refuse. Containers used 
for garbage and other oily, flammable, or hazardous wastes, such as 
caustics, acids, harmful dusts, etc. shall be equipped with covers. 
Garbage and other waste shall be disposed of at frequent and regular 
intervals.



Sec.  1926.26  Illumination.

    Construction areas, aisles, stairs, ramps, runways, corridors, 
offices, shops, and storage areas where work is in progress shall be 
lighted with either natural or artificial illumination. The minimum 
illumination requirements for work areas are contained in subpart D of 
this part.



Sec.  1926.27  Sanitation.

    Health and sanitation requirements for drinking water are contained 
in subpart D of this part.



Sec.  1926.28  Personal protective equipment.

    (a) The employer is responsible for requiring the wearing of 
appropriate personal protective equipment in all operations where there 
is an exposure to hazardous conditions or where this part indicates the 
need for using such equipment to reduce the hazards to the employees.
    (b) Regulations governing the use, selection, and maintenance of 
personal protective and lifesaving equipment are described under subpart 
E of this part.



Sec.  1926.29  Acceptable certifications.

    (a) Pressure vessels. Current and valid certification by an 
insurance company or regulatory authority shall be deemed as acceptable 
evidence of safe installation, inspection, and testing of pressure 
vessels provided by the employer.
    (b) Boilers. Boilers provided by the employer shall be deemed to be 
in compliance with the requirements of this part when evidence of 
current and valid certification by an insurance company or regulatory 
authority attesting to the safe installation, inspection, and testing is 
presented.
    (c) Other requirements. Regulations prescribing specific 
requirements for other types of pressure vessels and similar equipment 
are contained in subparts F and O of this part.



Sec.  1926.30  Shipbuilding and ship repairing.

    (a) General. Shipbuilding, ship repairing, alterations, and 
maintenance performed on ships under Government contract, except naval 
ship construction, is work subject to the Act.
    (b) Applicable safety and health standards. For the purpose of work 
carried out under this section, the safety and health regulations in 
part 1915 of this title, Shipyard Employment, shall apply.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 61 
FR 9249, Mar. 7, 1996]



Sec.  1926.32  Definitions.

    The following definitions shall apply in the application of the 
regulations in this part:
    (a) Act means section 107 of the Contract Work Hours and Safety 
Standards Act, commonly known as the Construction Safety Act (86 Stat. 
96; 40 U.S.C. 333).
    (b) ANSI means American National Standards Institute.
    (c) Approved means sanctioned, endorsed, accredited, certified, or 
accepted as satisfactory by a duly constituted and nationally recognized 
authority or agency.
    (d) Authorized person means a person approved or assigned by the 
employer to perform a specific type of duty or duties or to be at a 
specific location or locations at the jobsite.
    (e) Administration means the Occupational Safety and Health 
Administration.
    (f) Competent person means one who is capable of identifying 
existing and predictable hazards in the surroundings or working 
conditions which are unsanitary, hazardous, or dangerous to employees, 
and who has authorization to

[[Page 32]]

take prompt corrective measures to eliminate them.
    (g) Construction work. For purposes of this section, Construction 
work means work for construction, alteration, and/or repair, including 
painting and decorating.
    (h) Defect means any characteristic or condition which tends to 
weaken or reduce the strength of the tool, object, or structure of which 
it is a part.
    (i) Designated person means ``authorized person'' as defined in 
paragraph (d) of this section.
    (j) Employee means every laborer or mechanic under the Act 
regardless of the contractual relationship which may be alleged to exist 
between the laborer and mechanic and the contractor or subcontractor who 
engaged him. ``Laborer and mechanic'' are not defined in the Act, but 
the identical terms are used in the Davis-Bacon Act (40 U.S.C. 276a), 
which provides for minimum wage protection on Federal and federally 
assisted construction contracts. The use of the same term in a statute 
which often applies concurrently with section 107 of the Act has 
considerable precedential value in ascertaining the meaning of ``laborer 
and mechanic'' as used in the Act. Laborer generally means one who 
performs manual labor or who labors at an occupation requiring physical 
strength; mechanic generally means a worker skilled with tools. See 18 
Comp. Gen. 341.
    (k) Employer means contractor or subcontractor within the meaning of 
the Act and of this part.
    (l) Hazardous substance means a substance which, by reason of being 
explosive, flammable, poisonous, corrosive, oxidizing, irritating, or 
otherwise harmful, is likely to cause death or injury.
    (m) Qualified means one who, by possession of a recognized degree, 
certificate, or professional standing, or who by extensive knowledge, 
training, and experience, has successfully demonstrated his ability to 
solve or resolve problems relating to the subject matter, the work, or 
the project.
    (n) Safety factor means the ratio of the ultimate breaking strength 
of a member or piece of material or equipment to the actual working 
stress or safe load when in use.
    (o) Secretary means the Secretary of Labor.
    (p) SAE means Society of Automotive Engineers.
    (q) Shall means mandatory.
    (r) Should means recommended.
    (s) Suitable means that which fits, and has the qualities or 
qualifications to meet a given purpose, occasion, condition, function, 
or circumstance.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35078, June 30, 1993]



Sec.  1926.33  Access to employee exposure and medical records.

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

[61 FR 31431, June 20, 1996]



Sec.  1926.34  Means of egress.

    (a) General. In every building or structure exits shall be so 
arranged and maintained as to provide free and unobstructed egress from 
all parts of the building or structure at all times when it is occupied. 
No lock or fastening to prevent free escape from the inside of any 
building shall be installed except in mental, penal, or corrective 
institutions where supervisory personnel is continually on duty and 
effective provisions are made to remove occupants in case of fire or 
other emergency.
    (b) Exit marking. Exits shall be marked by a readily visible sign. 
Access to exits shall be marked by readily visible signs in all cases 
where the exit or way to reach it is not immediately visible to the 
occupants.
    (c) Maintenance and workmanship. Means of egress shall be 
continually maintained free of all obstructions or impediments to full 
instant use in the case of fire or other emergency.

[58 FR 35083, June 30, 1993]



Sec.  1926.35  Employee emergency action plans.

    (a) Scope and application. This section applies to all emergency 
action plans required by a particular OSHA standard. The emergency 
action plan shall be in writing (except as provided in the last sentence 
of paragraph (e)(3) of this

[[Page 33]]

section) and shall cover those designated actions employers and 
employees must take to ensure employee safety from fire and other 
emergencies.
    (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 plant operations before they evacuate;
    (3) Procedures to account for all employees after emergency 
evacuation has been completed;
    (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 who can be 
contacted for further information or explanation of duties under the 
plan.
    (c) Alarm system. (1) The employer shall establish an employee alarm 
system which complies with Sec.  1926.159.
    (2) If the employee alarm system is used for alerting fire brigade 
members, or for other purposes, a distinctive signal for each purpose 
shall be used.
    (d) Evacuation. The employer shall establish in the emergency action 
plan 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 which 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. 
For those employers with 10 or fewer employees the plan may be 
communicated orally to employees and the employer need not maintain a 
written plan.

[58 FR 35083, June 30, 1993]



        Subpart D_Occupational Health and Environmental Controls

    Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, and 657; and 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 
9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as applicable; and 
29 CFR part 1911.
    Sections 1926.59, 1926.60, and 1926.65 also issued under 5 U.S.C. 
553 and 29 CFR part 1911.
    Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C. 
553.

    Section 1926.62 also issued under sec. 1031, Public Law 102-550, 106 
Stat. 3672 (42 U.S.C. 4853).
    Section 1926.65 also issued under sec. 126, Public Law 99-499, 100 
Stat. 1614 (reprinted at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553.



Sec.  1926.50  Medical services and first aid.

    (a) The employer shall insure the availability of medical personnel 
for advice and consultation on matters of occupational health.
    (b) Provisions shall be made prior to commencement of the project 
for prompt medical attention in case of serious injury.
    (c) In the absence of an infirmary, clinic, hospital, or physician, 
that is reasonably accessible in terms of time and distance to the 
worksite, which is available for the treatment of injured employees, a 
person who has a valid certificate in first-aid training from the U.S. 
Bureau of Mines, the American Red Cross, or equivalent training that can 
be verified by documentary evidence, shall be available at the worksite 
to render first aid.
    (d)(1) First aid supplies shall be easily accessible when required.
    (2) The contents of the first aid kit shall be placed in a 
weatherproof container with individual sealed packages for each type of 
item, and shall be checked by the employer before being sent out on each 
job and at least weekly on each job to ensure that the expended items 
are replaced.

[[Page 34]]

    (e) Proper equipment for prompt transportation of the injured person 
to a physician or hospital, or a communication system for contacting 
necessary ambulance service, shall be provided.
    (f)(1) In areas where 911 emergency dispatch services are not 
available, the telephone numbers of the physicians, hospitals, or 
ambulances shall be conspicuously posted.
    (2) In areas where 911 emergency dispatch services are available and 
an employer uses a communication system for contacting necessary 
emergency-medical service, the employer must:
    (i) Ensure that the communication system is effective in contacting 
the emergency-medical service; and
    (ii)(A) When using a communication system in an area that does not 
automatically supply the caller's latitude and longitude information to 
the 911 emergency dispatcher, the employer must post in a conspicuous 
location at the worksite either:
    (1) The latitude and longitude of the worksite; or
    (2) Other location-identification information that communicates 
effectively to employees the location of the worksite.
    (B) The requirement specified in paragraph (f)(2)(ii)(A) of this 
section does not apply to worksites with readily available telephone 
land lines that have 911 emergency service that automatically identifies 
the location of the caller.
    (g) Where the eyes or body of any person may be exposed to injurious 
corrosive materials, suitable facilities for quick drenching or flushing 
of the eyes and body shall be provided within the work area for 
immediate emergency use.

       Appendix A to Sec.  1926.50--First aid Kits (Non-Mandatory)

    First aid supplies are required to be easily accessible under 
paragraph Sec.  1926.50(d)(1). An example of the minimal contents of a 
generic first aid kit is described in American National Standard (ANSI) 
Z308.1-1978 ``Minimum Requirements for Industrial Unit-Type First-aid 
Kits''. The contents of the kit listed in the ANSI standard should be 
adequate for small work sites. When larger operations or multiple 
operations are being conducted at the same location, employers should 
determine the need for additional first aid kits at the worksite, 
additional types of first aid equipment and supplies and additional 
quantities and types of supplies and equipment in the first aid kits.
    In a similar fashion, employers who have unique or changing first-
aid needs in their workplace may need to enhance their first-aid kits. 
The employer can use the OSHA 300 log, OSHA 301 log, or other reports to 
identify these unique problems. Consultation from the local fire/rescue 
department, appropriate medical professional, or local emergency room 
may be helpful to employers in these circumstances. By assessing the 
specific needs of their workplace, employers can ensure that reasonably 
anticipated supplies are available. Employers should assess the specific 
needs of their worksite periodically and augment the first aid kit 
appropriately.
    If it is reasonably anticipated employees will be exposed to blood 
or other potentially infectious materials while using first-aid 
supplies, employers should provide personal protective equipment (PPE). 
Appropriate PPE includes gloves, gowns, face shields, masks and eye 
protection (see ``Occupational Exposure to Blood borne Pathogens'', 29 
CFR 1910.1030(d)(3)) (56 FR 64175).

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 49 
FR 18295, Apr. 30, 1984; 58 FR 35084, June 30, 1993; 61 FR 5510, Feb. 
13, 1996; 63 FR 33469, June 18, 1998; 76 FR 80740, Dec. 27, 2011; 84 FR 
21575, May 14, 2019]



Sec.  1926.51  Sanitation.

    (a) Potable water. (1) An adequate supply of potable water shall be 
provided in all places of employment.
    (2) Portable containers used to dispense drinking water shall be 
capable of being tightly closed, and equipped with a tap. Water shall 
not be dipped from containers.
    (3) Any container used to distribute drinking water shall be clearly 
marked as to the nature of its contents and not used for any other 
purpose.
    (4) The common drinking cup is prohibited.
    (5) Where single service cups (to be used but once) are supplied, 
both a sanitary container for the unused cups and a receptacle for 
disposing of the used cups shall be provided.
    (6) Potable water means water that meets the standards for drinking 
purposes of the State or local authority having jurisdiction, or water 
that meets the quality standards prescribed by the U.S. Environmental 
Protection Agency's National Primary Drinking Water Regulations (40 CFR 
part 141).

[[Page 35]]

    (b) Nonpotable water. (1) Outlets for nonpotable water, such as 
water for industrial or firefighting purposes only, shall be identified 
by signs meeting the requirements of subpart G of this part, to indicate 
clearly that the water is unsafe and is not to be used for drinking, 
washing, or cooking purposes.
    (2) There shall be no cross-connection, open or potential, between a 
system furnishing potable water and a system furnishing nonpotable 
water.
    (c) Toilets at construction jobsites. (1) Toilets shall be provided 
for employees according to the following table:

                                Table D-1
------------------------------------------------------------------------
          Number of employees              Minimum number of facilities
------------------------------------------------------------------------
20 or less.............................  1.
20 or more.............................  1 toilet seat and 1 urinal per
                                          40 workers.
200 or more............................  1 toilet seat and 1 urinal per
                                          50 workers.
------------------------------------------------------------------------

    (2) Under temporary field conditions, provisions shall be made to 
assure not less than one toilet facility is available.
    (3) Job sites, not provided with a sanitary sewer, shall be provided 
with one of the following toilet facilities unless prohibited by local 
codes:
    (i) Privies (where their use will not contaminate ground or surface 
water);
    (ii) Chemical toilets;
    (iii) Recirculating toilets;
    (iv) Combustion toilets.
    (4) The requirements of this paragraph (c) for sanitation facilities 
shall not apply to mobile crews having transportation readily available 
to nearby toilet facilities.
    (d) Food handling. (1) All employees' food service facilities and 
operations shall meet the applicable laws, ordinances, and regulations 
of the jurisdictions in which they are located.
    (2) All employee food service facilities and operations shall be 
carried out in accordance with sound hygienic principles. In all places 
of employment where all or part of the food service is provided, the 
food dispensed shall be wholesome, free from spoilage, and shall be 
processed, prepared, handled, and stored in such a manner as to be 
protected against contamination.
    (e) Temporary sleeping quarters. When temporary sleeping quarters 
are provided, they shall be heated, ventilated, and lighted.
    (f) Washing facilities. (1) The employer shall provide adequate 
washing facilities for employees engaged in the application of paints, 
coating, herbicides, or insecticides, or in other operations where 
contaminants may be harmful to the employees. Such facilities shall be 
in near proximity to the worksite and shall be so equipped as to enable 
employees to remove such substances.
    (2) General. Washing facilities shall be maintained in a sanitary 
condition.
    (3) Lavatories. (i) Lavatories shall be made available in all places 
of employment. The requirements of this subdivision do not apply to 
mobile crews or to normally unattended work locations if employees 
working at these locations have transportation readily available to 
nearby washing facilities which meet the other requirements of this 
paragraph.
    (ii) Each lavatory shall be provided with hot and cold running 
water, or tepid running water.
    (iii) Hand soap or similar cleansing agents shall be provided.
    (iv) Individual hand towels or sections thereof, of cloth or paper, 
air blowers or clean individual sections of continuous cloth toweling, 
convenient to the lavatories, shall be provided.
    (4) Showers. (i) Whenever showers are required by a particular 
standard, the showers shall be provided in accordance with paragraphs 
(f)(4) (ii) through (v) of this section.
    (ii) One shower shall be provided for each 10 employees of each sex, 
or numerical fraction thereof, who are required to shower during the 
same shift.
    (iii) Body soap or other appropriate cleansing agents convenient to 
the showers shall be provided as specified in paragraph (f)(3)(iii) of 
this section.
    (iv) Showers shall be provided with hot and cold water feeding a 
common discharge line.
    (v) Employees who use showers shall be provided with individual 
clean towels.
    (g) Eating and drinking areas. No employee shall be allowed to 
consume food or beverages in a toilet room nor in any area exposed to a 
toxic material.

[[Page 36]]

    (h) Vermin control. Every enclosed workplace shall be so 
constructed, equipped, and maintained, so far as reasonably practicable, 
as to prevent the entrance or harborage of rodents, insects, and other 
vermin. A continuing and effective extermination program shall be 
instituted where their presence is detected.
    (i) Change rooms. Whenever employees are required by a particular 
standard to wear protective clothing because of the possibility of 
contamination with toxic materials, change rooms equipped with storage 
facilities for street clothes and separate storage facilities for the 
protective clothing shall be provided.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35084, June 30, 1993; 76 FR 33611, June 8, 2011]



Sec.  1926.52  Occupational noise exposure.

    (a) Protection against the effects of noise exposure shall be 
provided when the sound levels exceed those shown in Table D-2 of this 
section when measured on the A-scale of a standard sound level meter at 
slow response.
    (b) When employees are subjected to sound levels exceeding those 
listed in Table D-2 of this section, feasible administrative or 
engineering controls shall be utilized. If such controls fail to reduce 
sound levels within the levels of the table, personal protective 
equipment as required in subpart E, shall be provided and used to reduce 
sound levels within the levels of the table.
    (c) If the variations in noise level involve maxima at intervals of 
1 second or less, it is to be considered continuous.
    (d)(1) In all cases where the sound levels exceed the values shown 
herein, a continuing, effective hearing conservation program shall be 
administered.

                 Table D-2--Permissible Noise Exposures
------------------------------------------------------------------------
                                                             Sound level
                  Duration per day, hours                      dBA slow
                                                               response
------------------------------------------------------------------------
8..........................................................           90
6..........................................................           92
4..........................................................           95
3..........................................................           97
2..........................................................          100
1\1/2\.....................................................          102
1..........................................................          105
\1/2\......................................................          110
\1/4\ or less..............................................          115
------------------------------------------------------------------------

    (2)(i) When the daily noise exposure is composed of two or more 
periods of noise exposure of different levels, their combined effect 
should be considered, rather than the individual effect of each. 
Exposure to different levels for various periods of time shall be 
computed according to the formula set forth in paragraph (d)(2)(ii) of 
this section.
    (ii) Fe = (T1/L1) + (T2/L2) + [middot] [middot] [middot] 
+ (Tn/Ln)

Where:

Fe = The equivalent noise exposure factor.
T = The period of noise exposure at any essentially constant level.
L = The duration of the permissible noise exposure at the constant level 
          (from Table D-2).


If the value of Fe exceeds unity (1) the exposure exceeds 
permissible levels.
    (iii) A sample computation showing an application of the formula in 
paragraph (d)(2)(ii) of this section is as follows. An employee is 
exposed at these levels for these periods:

110 db A \1/4\ hour.
100 db A \1/2\ hour.
90 db A 1\1/2\ hours.

Fe = (\1/4\/\1/2\) + (\1/2\/2) + (1\1/2\/8)
Fe = 0.500 + 0.25 + 0.188
Fe = 0.938


Since the value of Fe does not exceed unity, the exposure is 
within permissible limits.
    (e) Exposure to impulsive or impact noise should not exceed 140 dB 
peak sound pressure level.



Sec.  1926.53  Ionizing radiation.

    (a) In construction and related activities involving the use of 
sources of ionizing radiation, the pertinent provisions of the Nuclear 
Regulatory Commission's Standards for Protection Against Radiation (10 
CFR part 20), relating to protection against occupational radiation 
exposure, shall apply.

[[Page 37]]

    (b) Any activity which involves the use of radioactive materials or 
X-rays, 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.
    (c)-(r) [Reserved]

    Note: The requirements applicable to construction work under 
paragraphs (c) through (r) of this section are identical to those set 
forth at paragraphs (a) through (p) of Sec.  1910.1096 of this chapter.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 61 
FR 5510, Feb. 13, 1996; 61 FR 31431, June 20, 1996]



Sec.  1926.54  Nonionizing radiation.

    (a) Only qualified and trained employees shall be assigned to 
install, adjust, and operate laser equipment.
    (b) Proof of qualification of the laser equipment operator shall be 
available and in possession of the operator at all times.
    (c) Employees, when working in areas in which a potential exposure 
to direct or reflected laser light greater than 0.005 watts (5 
milliwatts) exists, shall be provided with antilaser eye protection 
devices as specified in subpart E of this part.
    (d) Areas in which lasers are used shall be posted with standard 
laser warning placards.
    (e) Beam shutters or caps shall be utilized, or the laser turned 
off, when laser transmission is not actually required. When the laser is 
left unattended for a substantial period of time, such as during lunch 
hour, overnight, or at change of shifts, the laser shall be turned off.
    (f) Only mechanical or electronic means shall be used as a detector 
for guiding the internal alignment of the laser.
    (g) The laser beam shall not be directed at employees.
    (h) When it is raining or snowing, or when there is dust or fog in 
the air, the operation of laser systems shall be prohibited where 
practicable; in any event, employees shall be kept out of range of the 
area of source and target during such weather conditions.
    (i) Laser equipment shall bear a label to indicate maximum output.
    (j) Employees shall not be exposed to light intensities above:
    (1) Direct staring: 1 micro-watt per square centimeter;
    (2) Incidental observing: 1 milliwatt per square centimeter;
    (3) Diffused reflected light: 2\1/2\ watts per square centimeter.
    (k) Laser unit in operation should be set up above the heads of the 
employees, when possible.
    (l) Employees shall not be exposed to microwave power densities in 
excess of 10 milliwatts per square centimeter.



Sec.  1926.55  Gases, vapors, fumes, dusts, and mists.

    (a) Employers must limit an employee's exposure to any substance 
listed in Table 1 or 2 of this section in accordance with the following:
    (1) Substances with limits preceded by (C)--Ceiling Values. An 
employee's exposure, as determined from breathing-zone air samples, to 
any substance in Table 1 of this section with a permissible exposure 
limit preceded by (C) must at no time exceed the exposure limit 
specified for that substance. If instantaneous monitoring is not 
feasible, then the employer must assess the ceiling as a 15-minute time-
weighted average exposure that the employer cannot exceed at any time 
during the working day.
    (2) Other substances--8-hour Time Weighted Averages. An employee's 
exposure, as determined from breathing-zone air samples, to any 
substance in Table 1 or 2 of this section with a permissible exposure 
limit not preceded by (C) must not exceed the limit specified for that 
substance measured as an 8-hour time-weighted average in any work shift.
    (b) To achieve compliance with paragraph (a) of this section, 
administrative or engineering controls must first be implemented 
whenever feasible. When such controls are not feasible to achieve full 
compliance, protective equipment or other protective measures shall be 
used to keep the exposure of employees to air contaminants within the 
limits prescribed in this section.

[[Page 38]]

Any equipment and technical measures used for this purpose must first be 
approved for each particular use by a competent industrial hygienist or 
other technically qualified person. Whenever respirators are used, their 
use shall comply with Sec.  1926.103.
    (c) Paragraphs (a) and (b) of this section do not apply to the 
exposure of employees to airborne asbestos, tremolite, anthophyllite, or 
actinolite dust. Whenever any employee is exposed to airborne asbestos, 
tremolite, anthophyllite, or actinolite dust, the requirements of Sec.  
1926.1101 shall apply.
    (d) Paragraphs (a) and (b) of this section do not apply to the 
exposure of employees to formaldehyde. Whenever any employee is exposed 
to formaldehyde, the requirements of Sec.  1910.1048 of this title shall 
apply.

                Table 1 to Sec.   1926.55--Permissible Exposure Limits for Airborne Contaminants
----------------------------------------------------------------------------------------------------------------
                                                                                        mg/m \3        Skin
                          Substance                              CAS No. \d\   ppm \a\     b\     designation *
----------------------------------------------------------------------------------------------------------------
  Abate; see Temephos........................................
  Acetaldehyde...............................................         75-07-0     200      360               --
  Acetic acid................................................         64-19-7      10       25               --
  Acetic anhydride...........................................        108-24-7       5       20               --
  Acetone....................................................         67-64-1    1000     2400               --
  Acetonitrile...............................................         75-05-8      40       70               --
  2-Acetylaminofluorine; see Sec.   1926.1114................         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.   1926.1145........................        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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  Alundum; see alpha-Alumina.................................
  4-Aminodiphenyl; see Sec.   1926.1111......................         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.   1926.1118.       7440-38-2      --       --               --
  Arsenic, organic compounds (as As).........................       7440-38-2      --      0.5               --
  Arsine.....................................................       7784-42-1    0.05      0.2               --
  Asbestos; see Sec.   1926.1101.............................
  Azinphos-methyl............................................         86-50-0      --      0.2                X
  Barium, soluble compounds (as Ba)..........................       7440-39-3      --      0.5               --
  Benzene \g\; see Sec.   1926.1128..........................         71-43-2
  Benzidine; see Sec.   1926.1110............................         92-87-5
  p-Benzoquinone; see Quinone................................
  Benzo(a)pyrene; see Coal tar pitch volatiles...............

[[Page 39]]

 
  Benzoyl peroxide...........................................         94-36-0      --        5               --
  Benzyl chloride............................................        100-44-7       1        5               --
  Beryllium and beryllium compounds (as Be); see 1926.1124          7440-41-7      --    0.002               --
   (q).......................................................
  Biphenyl; see Diphenyl.....................................
  Bisphenol A; see Diglycidyl ether..........................
  Boron oxide................................................       1303-86-2
    Total dust...............................................  ..............      --       15               --
  Boron tribromide...........................................      10294-33-4       1       10               --
  Boron trifluoride..........................................       7637-07-2       (C)1     (C)3            --
  Bromine....................................................       7726-95-6     0.1      0.7               --
  Bromine pentafluoride......................................       7789-30-2     0.1      0.7               --
  Bromoform..................................................         75-25-2     0.5        5                X
  Butadiene (1,3-Butadiene); see 29 CFR 1910.1051; 29 CFR            106-99-0  STEL 1   .......              --
   1910.19(l)................................................                   ppm/5
                                                                                  ppm
  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 1926.1126 \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 (as Cd); see 1926.1127.............................       7440-43-9
  Calcium carbonate..........................................       1317-65-3
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  Calcium oxide..............................................       1305-78-8      --        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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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 dioxide...........................................      10049-04-4     0.1      0.3
  Chlorine trifluoride.......................................       7790-91-2       (C)0.1   (C)0.4          --
  Chloroacetaldehyde.........................................        107-20-0       (C)1     (C)3            --
  a-Chloroacetophenone (Phenacyl chloride)...................        532-27-4    0.05      0.3               --
  Chlorobenzene..............................................        108-90-7      75      350               --
  o-Chlorobenzylidene malononitrile..........................       2698-41-1    0.05      0.4               --
  Chlorobromomethane.........................................         74-97-5     200     1050               --

[[Page 40]]

 
  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       (C)50    (C)240          --
  bis(Chloromethyl) ether; see Sec.   1926.1108..............        542-88-1
  Chloromethyl methyl ether; see Sec.   1926.1106............        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
  Chromium (II) compounds....................................
    (as Cr)..................................................       7440-47-3      --      0.5               --
  Chromium (III) compounds...................................
    (as Cr)..................................................       7440-47-3      --      0.5               --
  Chromium (VI) compounds; See 1926.1126 \o\.................
  Chromium metal and insol. salts (as Cr)....................       7440-47-3      --        1               --
  Chrysene; see Coal tar pitch volatiles.....................
  Coal tar pitch volatiles (benzene soluble fraction),             65996-93-2      --      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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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                X
                                                                     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               --
  DDT, see Dichlorodiphenyltrichloroethane...................
  DDVP, see Dichlorvos.......................................
  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               --

[[Page 41]]

 
  Diborane...................................................      19287-45-7     0.1      0.1               --
  1,2-Dibromo-3-chloropropane (DBCP); see Sec.   1926.1144...         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.   1926.1107...............         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
  Dieldrin...................................................         60-57-1      --     0.25                X
  Diethylamine...............................................        109-89-7      25       75               --
  2-Diethylaminoethanol......................................        100-37-8      10       50                X
  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.   1926.1115............         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               --

[[Page 42]]

 
  Diphenylamine..............................................        122-39-4      --       10               --
  Diphenylmethane diisocyanate; see Methylene bisphenyl
   isocyanate................................................
  Dipropylene glycol methyl ether............................      34590-94-8     100      600                X
  Di-sec octyl phthalate (Di-(2-ethylhexyl) phthalate).......        117-81-7      --        5               --
  Emery......................................................      12415-34-8
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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.   1926.1112........................        151-56-4
  Ethylene oxide; see Sec.   1926.1147.......................         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...............................................  ..............  .......  .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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.   1926.1148.........................         50-00-0

[[Page 43]]

 
  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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  Guthion; see Azinphos methyl...............................
  Gypsum.....................................................      13397-24-5
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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      .02               --
  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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  Ketene.....................................................        463-51-4     0.5      0.9               --
  Lead, inorganic (as Pb); see 1926.62.......................       7439-92-1
  Limestone..................................................       1317-65-3
    Total dust...............................................  ..............      --   .......              --

[[Page 44]]

 
    Respirable fraction......................................  ..............      --   .......              --
  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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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......
  Methylene chloride; see Sec.   1910.1052...................
  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.........................................         75-09-2     500     1740               --
  Methylenedianiline (MDA)...................................        101-77-9
  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

[[Page 45]]

 
  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               --
  Methyl propyl ketone; see 2-Pentanone......................
  Methyl silicate............................................        681-84-5       (C)5     (C)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........................................
  Molybdenum (as Mo).........................................       7439-98-7
    Soluble compounds........................................  ..............      --        5               --
    Insoluble compounds......................................
     Total dust..............................................  ..............      --       15               --
  Monomethyl aniline.........................................        100-61-8       2        9                X
  Monomethyl hydrazine; see Methyl hydrazine.................
  Morpholine.................................................        110-91-8      20       70                X
  Naphtha (Coal tar).........................................       8030-30-6     100      400               --
  Naphthalene................................................         91-20-3      10       50               --
  alpha-Naphthylamine; see Sec.   1926.1104..................        134-32-7
  beta-Naphthylamine; see Sec.   1926.1109...................         91-59-8  .......  .......              --
  Neon.......................................................       7440-01-9       E
  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.   1926.1103......................         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.   1926.1116...............         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                X
  Particulates not otherwise regulated.......................
    Total dust organic and inorganic.........................  ..............      --       15               --

[[Page 46]]

 
  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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  Pentane....................................................        109-66-0     500     1500               --
  2-Pentanone (Methyl propyl ketone).........................        107-87-9     200      700               --
  Perchloroethylene (Tetrachloroethylene)....................        127-18-4     100      670               --
  Perchloromethyl mercaptan..................................        594-42-3     0.1      0.8               --
  Perchloryl fluoride........................................       7616-94-6       3     13.5               --
  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               --
  Picric acid................................................         88-89-1      --      0.1                X
  Pindone (2-Pivalyl-1,3-indandione).........................         83-26-1      --      0.1               --
  Plaster of Paris...........................................      26499-65-0
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  Platinum (as Pt)...........................................       7440-06-4
    Metal....................................................  ..............      --       --               --
    Soluble salts............................................  ..............      --    0.002               --
  Polytetrafluoroethylene decomposition products.............  ..............  .......   A \2\
  Portland cement............................................      65997-15-1
    Total dust...............................................  ..............      --       15               --
    Respirable fraction......................................  ..............       5   .......              --
  Propane....................................................         74-98-6       E
  Propargyl alcohol..........................................        107-19-7       1       --                X
  beta-Propriolactone; see Sec.   1926.1113..................         57-57-8
  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               --

[[Page 47]]

 
  Ronnel.....................................................        299-84-3      --       10               --
  Rotenone...................................................         83-79-4      --        5               --
  Rouge......................................................
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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 1926.1153..............................      14464-46-1
    Quartz; see 1926.1153 \5\................................      14808-60-7
    Tripoli (as quartz); see 1926.1153 \5\...................       1317-95-9
    Tridymite; see 1926.1153.................................      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); use asbestos limit; see Sec.
      1926.1101..............................................
    Talc (containing no asbestos), respirable dust...........      14807-96-6   (\2\)    (\2\)            (\2\)
    Tremolite, asbestiform; see Sec.   1926.1101.............
  Silicon carbide............................................        409-21-2
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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       (C)100   (C)420          --
  Sucrose....................................................         57-50-1
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  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

[[Page 48]]

 
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  TEPP (Tetraethyl pyrophosphate)............................        107-49-3      --     0.05                X
  Terphenyls.................................................      26140-60-3       (C)1     (C)9            --
  1,1,1,2-Tetrachloro-2,2-difluoroethane.....................         76-11-9     500     4170               --
  1,1,2,2-Tetrachloro-1,2-difluoroethane.....................         76-12-0     500     4170               --
  1,1,2,2-Tetrachloroethane..................................         79-34-5       5       35                X
  Tetrachloroethylene; see Perchloroethylene.................
  Tetrachloromethane; see Carbon tetrachloride...............
  Tetrachloronaphthalene.....................................       1335-88-2      --        2                X
  Tetraethyl lead (as Pb)....................................         78-00-2      --      0.1                X
  Tetrahydrofuran............................................        109-99-9     200      590               --
  Tetramethyl lead, (as Pb)..................................         75-74-1      --     0.15                X
  Tetramethyl succinonitrile.................................       3333-52-6     0.5        3                X
  Tetranitromethane..........................................        509-14-8       1        8               --
  Tetryl (2,4,6-Trinitrophenylmethylnitramine)...............        479-45-8      --      1.5                X
  Thallium, soluble compounds (as Tl)........................       7440-28-0      --      0.1                X
  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...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  Titanium dioxide...........................................      13463-67-7
    Total dust...............................................  ..............      --   .......              --
  Toluene....................................................        108-88-3     200      750               --
  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-Trinitrophenol; 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          --

[[Page 49]]

 
  Vegetable oil mist.........................................
    Total dust...............................................  ..............      --   .......              --
    Respirable fraction......................................  ..............      --   .......              --
  Vinyl benzene; see Styrene.................................
  Vinyl chloride; see Sec.   1926.1117.......................         75-01-4
  Vinyl cyanide; see Acrylonitrile...........................
  Vinyl toluene..............................................      25013-15-4     100      480               --
  Warfarin...................................................         81-81-2      --      0.1               --
  Xylenes (o-, m-, p-isomers)................................       1330-20-7     100      435               --
  Xylidine...................................................       1300-73-8       5       25                X
  Yttrium....................................................       7440-65-5      --        1               --
  Zinc chloride fume.........................................       7646-85-7      --        1               --
  Zinc oxide fume............................................       1314-13-2      --        5               --
  Zinc oxide.................................................       1314-13-2
    Total dust...............................................  ..............      --       15               --
    Respirable fraction......................................  ..............      --        5               --
  Zirconium compounds (as Zr)................................       7440-67-7      --        5
----------------------------------------------------------------------------------------------------------------


                                    Table 2 to Sec.   1926.55--Mineral Dusts
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
[Inert or Nuisance Dusts includes all mineral, inorganic, and
 organic dusts as indicated by examples in TLV's appendix D]
 
  Conversion factors.............................................
mppcf x 35.3 = million particles per cubic meter = particles per
 c.c.
----------------------------------------------------------------------------------------------------------------
Footnotes to Tables 1 and 2 of this section:
\1\ [Reserved]
\2\ See Table 2 of this section.
\3\ Use Asbestos Limit Sec.   1926.1101.
\4\ [Reserved]
\5\ See Table 2 of this section for the exposure limit for any operations or sectors where the exposure limit in
  Sec.   1926.1153 is stayed or is otherwise not in effect.
* An ``X'' designation in the ``Skin Designation'' column indicates that the substance is a dermal hazard.
\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.   1926.1128 the limit is 10 ppm TWA.
h-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.
\l\ [Reserved]
\m\ Covers all organic and inorganic particulates not otherwise regulated. Same as Particulates Not Otherwise
  Regulated.
\n\ If the exposure limit in Sec.   1926.1126 is stayed or is otherwise not in effect, the exposure limit is a
  ceiling of 0.1 mg/m\3\.

[[Page 50]]

 
\o\ If the exposure limit in Sec.   1926.1126 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,
  1926.1153, is stayed or otherwise is not in effect.
\q\ This standard applies to any operations or sectors for which the beryllium standard, 1926.1124, 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 19.5% and be within
  the requirements addressing explosion in part 1926.


[39 FR 22801, June 24, 1974, as amended at 51 FR 37007, Oct. 17, 1986; 
52 FR 46312, Dec. 4, 1987; 58 FR 35089, June 30, 1993; 61 FR 9249, 9250, 
Mar. 7, 1996; 61 FR 56856, Nov. 4, 1996; 62 FR 1619, Jan. 10, 1997; 71 
FR 10381, Feb. 28, 2006; 71 FR 36009, June 23, 2006; 81 FR 16875, Mar. 
25, 2016; 81 FR 31168, May 18, 2016; 81 FR 60273, Sept. 1, 2016; 82 FR 
2750, Jan. 9, 2017; 84 FR 21576, May 14, 2019]



Sec.  1926.56  Illumination.

    (a) General. Construction areas, ramps, runways, corridors, offices, 
shops, and storage areas shall be lighted to not less than the minimum 
illumination intensities listed in Table D-3 while any work is in 
progress:

       Table D-3--Minimum Illumination Intensities in Foot-Candles
------------------------------------------------------------------------
              Foot-candles                      Area or operation
------------------------------------------------------------------------
5......................................  General construction area
                                          lighting.
3......................................  General construction areas,
                                          concrete placement, excavation
                                          and waste areas, accessways,
                                          active storage areas, loading
                                          platforms, refueling, and
                                          field maintenance areas.
5......................................  Indoors: warehouses, corridors,
                                          hallways, and exitways.
5......................................  Tunnels, shafts, and general
                                          underground work areas:
                                          (Exception: minimum of 10 foot-
                                          candles is required at tunnel
                                          and shaft heading during
                                          drilling, mucking, and
                                          scaling. Bureau of Mines
                                          approved cap lights shall be
                                          acceptable for use in the
                                          tunnel heading.)
10.....................................  General construction plant and
                                          shops (e.g., batch plants,
                                          screening plants, mechanical
                                          and electrical equipment
                                          rooms, carpenter shops,
                                          rigging lofts and active
                                          storerooms, barracks or living
                                          quarters, locker or dressing
                                          rooms, mess halls, and indoor
                                          toilets and workrooms).
30.....................................  First aid stations,
                                          infirmaries, and offices.
------------------------------------------------------------------------

    (b) Other areas. For areas or operations not covered above, refer to 
the American National Standard A11.1-1965, R1970, Practice for 
Industrial Lighting, for recommended values of illumination.



Sec.  1926.57  Ventilation.

    (a) General. Whenever hazardous substances such as dusts, fumes, 
mists, vapors, or gases exist or are produced in the course of 
construction work, their concentrations shall not exceed the limits 
specified in Sec.  1926.55(a). When ventilation is used as an 
engineering control method, the system shall be installed and operated 
according to the requirements of this section.
    (b) Local exhaust ventilation. Local exhaust ventilation when used 
as described in (a) shall be designed to prevent dispersion into the air 
of dusts, fumes, mists, vapors, and gases in concentrations causing 
harmful exposure. Such exhaust systems shall be so designed that dusts, 
fumes, mists, vapors, or gases are not drawn through the work area of 
employees.
    (c) Design and operation. Exhaust fans, jets, ducts, hoods, 
separators, and all necessary appurtenances, including refuse 
receptacles, shall be so designed, constructed, maintained and operated 
as to ensure the required protection by maintaining a volume and 
velocity of exhaust air sufficient to gather dusts, fumes, vapors, or 
gases from said equipment or process, and to convey them to suitable 
points of safe disposal, thereby preventing their dispersion in harmful 
quantities into the atmosphere where employees work.
    (d) Duration of operations. (1) The exhaust system shall be in 
operation continually during all operations which it is designed to 
serve. If the employee remains in the contaminated zone, the system 
shall continue to operate after

[[Page 51]]

the cessation of said operations, the length of time to depend upon the 
individual circumstances and effectiveness of the general ventilation 
system.
    (2) Since dust capable of causing disability is, according to the 
best medical opinion, of microscopic size, tending to remain for hours 
in suspension in still air, it is essential that the exhaust system be 
continued in operation for a time after the work process or equipment 
served by the same shall have ceased, in order to ensure the removal of 
the harmful elements to the required extent. For the same reason, 
employees wearing respiratory equipment should not remove same 
immediately until the atmosphere seems clear.
    (e) Disposal of exhaust materials. The air outlet from every dust 
separator, and the dusts, fumes, mists, vapors, or gases collected by an 
exhaust or ventilating system shall discharge to the outside atmosphere. 
Collecting systems which return air to work area may be used if 
concentrations which accumulate in the work area air do not result in 
harmful exposure to employees. Dust and refuse discharged from an 
exhaust system shall be disposed of in such a manner that it will not 
result in harmful exposure to employees.
    (f) Abrasive blasting--(1) Definitions applicable to this 
paragraph--(i) Abrasive. A solid substance used in an abrasive blasting 
operation.
    (ii) Abrasive-blasting respirator. A respirator constructed so that 
it covers the wearer's head, neck, and shoulders to protect the wearer 
from rebounding abrasive.
    (iii) Blast cleaning barrel. A complete enclosure which rotates on 
an axis, or which has an internal moving tread to tumble the parts, in 
order to expose various surfaces of the parts to the action of an 
automatic blast spray.
    (iv) Blast cleaning room. A complete enclosure in which blasting 
operations are performed and where the operator works inside of the room 
to operate the blasting nozzle and direct the flow of the abrasive 
material.
    (v) Blasting cabinet. An enclosure where the operator stands outside 
and operates the blasting nozzle through an opening or openings in the 
enclosure.
    (vi) Clean air. Air of such purity that it will not cause harm or 
discomfort to an individual if it is inhaled for extended periods of 
time.
    (vii) Dust collector. A device or combination of devices for 
separating dust from the air handled by an exhaust ventilation system.
    (viii) Exhaust ventilation system. A system for removing 
contaminated air from a space, comprising two or more of the following 
elements (A) enclosure or hood, (B) duct work, (C) dust collecting 
equipment, (D) exhauster, and (E) discharge stack.
    (ix) Particulate-filter respirator. An air purifying respirator, 
commonly referred to as a dust or a fume respirator, which removes most 
of the dust or fume from the air passing through the device.
    (x) Respirable dust. Airborne dust in sizes capable of passing 
through the upper respiratory system to reach the lower lung passages.
    (xi) Rotary blast cleaning table. An enclosure where the pieces to 
be cleaned are positioned on a rotating table and are passed 
automatically through a series of blast sprays.
    (xii) Abrasive blasting. The forcible application of an abrasive to 
a surface by pneumatic pressure, hydraulic pressure, or centrifugal 
force.
    (2) Dust hazards from abrasive blasting. (i) Abrasives and the 
surface coatings on the materials blasted are shattered and pulverized 
during blasting operations and the dust formed will contain particles of 
respirable size. The composition and toxicity of the dust from these 
sources shall be considered in making an evaluation of the potential 
health hazards.
    (ii) The concentration of respirable dust or fume in the breathing 
zone of the abrasive-blasting operator or any other worker shall be kept 
below the levels specified in Sec.  1926.55 or other pertinent sections 
of this part.
    (iii) Organic abrasives which are combustible shall be used only in 
automatic systems. Where flammable or explosive dust mixtures may be 
present, the construction of the equipment, including the exhaust system 
and all electric wiring, shall conform to the requirements of American 
National Standard Installation of Blower and

[[Page 52]]

Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying, Z33.1-
1961 (NFPA 91-1961), and subpart S of this part. The blast nozzle shall 
be bonded and grounded to prevent the build up of static charges. Where 
flammable or explosive dust mixtures may be present, the abrasive 
blasting enclosure, the ducts, and the dust collector shall be 
constructed with loose panels or explosion venting areas, located on 
sides away from any occupied area, to provide for pressure relief in 
case of explosion, following the principles set forth in the National 
Fire Protection Association Explosion Venting Guide. NFPA 68-1954.
    (3) Blast-cleaning enclosures. (i) Blast-cleaning enclosures shall 
be exhaust ventilated in such a way that a continuous inward flow of air 
will be maintained at all openings in the enclosure during the blasting 
operation.
    (A) All air inlets and access openings shall be baffled or so 
arranged that by the combination of inward air flow and baffling the 
escape of abrasive or dust particles into an adjacent work area will be 
minimized and visible spurts of dust will not be observed.
    (B) The rate of exhaust shall be sufficient to provide prompt 
clearance of the dust-laden air within the enclosure after the cessation 
of blasting.
    (C) Before the enclosure is opened, the blast shall be turned off 
and the exhaust system shall be run for a sufficient period of time to 
remove the dusty air within the enclosure.
    (D) Safety glass protected by screening shall be used in observation 
windows, where hard deep-cutting abrasives are used.
    (E) Slit abrasive-resistant baffles shall be installed in multiple 
sets at all small access openings where dust might escape, and shall be 
inspected regularly and replaced when needed.
    (1) Doors shall be flanged and tight when closed.
    (2) Doors on blast-cleaning rooms shall be operable from both inside 
and outside, except that where there is a small operator access door, 
the large work access door may be closed or opened from the outside 
only.
    (4) Exhaust ventilation systems. (i) The construction, installation, 
inspection, and maintenance of exhaust systems shall conform to the 
principles and requirements set forth in American National Standard 
Fundamentals Governing the Design and Operation of Local Exhaust 
Systems, Z9.2-1960, and ANSI Z33.1-1961.
    (a) When dust leaks are noted, repairs shall be made as soon as 
possible.
    (b) The static pressure drop at the exhaust ducts leading from the 
equipment shall be checked when the installation is completed and 
periodically thereafter to assure continued satisfactory operation. 
Whenever an appreciable change in the pressure drop indicates a partial 
blockage, the system shall be cleaned and returned to normal operating 
condition.
    (ii) In installations where the abrasive is recirculated, the 
exhaust ventilation system for the blasting enclosure shall not be 
relied upon for the removal of fines from the spent abrasive instead of 
an abrasive separator. An abrasive separator shall be provided for the 
purpose.
    (iii) The air exhausted from blast-cleaning equipment shall be 
discharged through dust collecting equipment. Dust collectors shall be 
set up so that the accumulated dust can be emptied and removed without 
contaminating other working areas.
    (5) Personal protective equipment. (i) Employers must use only 
respirators approved by NIOSH under 42 CFR part 84 for protecting 
employees from dusts produced during abrasive-blasting operations.
    (ii) Abrasive-blasting respirators shall be worn by all abrasive-
blasting operators:
    (A) When working inside of blast-cleaning rooms, or
    (B) When using silica sand in manual blasting operations where the 
nozzle and blast are not physically separated from the operator in an 
exhaust ventilated enclosure, or
    (C) Where concentrations of toxic dust dispersed by the abrasive 
blasting may exceed the limits set in Sec.  1926.55 or other pertinent 
sections of this part and the nozzle and blast are not physically 
separated from the operator in an exhaust-ventilated enclosure.
    (iii) Properly fitted particulate-filter respirators, commonly 
referred to as dust-filter respirators, may be used for

[[Page 53]]

short, intermittent, or occasional dust exposures such as cleanup, 
dumping of dust collectors, or unloading shipments of sand at a 
receiving point when it is not feasible to control the dust by 
enclosure, exhaust ventilation, or other means. The respirators used 
must be approved by NIOSH under 42 CFR part 84 for protection against 
the specific type of dust encountered.
    (iv) A respiratory protection program as defined and described in 
Sec.  1926.103, shall be established wherever it is necessary to use 
respiratory protective equipment.
    (v) Operators shall be equipped with heavy canvas or leather gloves 
and aprons or equivalent protection to protect them from the impact of 
abrasives. Safety shoes shall be worn to protect against foot injury 
where heavy pieces of work are handled.
    (A) Safety shoes shall conform to the requirements of American 
National Standard for Men's Safety-Toe Footwear, Z41.1-1967.
    (B) Equipment for protection of the eyes and face shall be supplied 
to the operator when the respirator design does not provide such 
protection and to any other personnel working in the vicinity of 
abrasive blasting operations. This equipment shall conform to the 
requirements of Sec.  1926.102.
    (6) Air supply and air compressors. Air for abrasive-blasting 
respirators must be free of harmful quantities of dusts, mists, or 
noxious gases, and must meet the requirements for supplied-air quality 
and use specified in 29 CFR 1910.134(i).
    (7) Operational procedures and general safety. Dust shall not be 
permitted to accumulate on the floor or on ledges outside of an 
abrasive-blasting enclosure, and dust spills shall be cleaned up 
promptly. Aisles and walkways shall be kept clear of steel shot or 
similar abrasive which may create a slipping hazard.
    (8) Scope. This paragraph applies to all operations where an 
abrasive is forcibly applied to a surface by pneumatic or hydraulic 
pressure, or by centrifugal force. It does not apply to steam blasting, 
or steam cleaning, or hydraulic cleaning methods where work is done 
without the aid of abrasives.
    (g) Grinding, polishing, and buffing operations--(1) Definitions 
applicable to this paragraph--
    (i) Abrasive cutting-off wheels. Organic-bonded wheels, the 
thickness of which is not more than one forty-eighth of their diameter 
for those up to, and including, 20 inches (50.8 cm) in diameter, and not 
more than one-sixtieth of their diameter for those larger than 20 inches 
(50.8 cm) in diameter, used for a multitude of operations variously 
known as cutting, cutting off, grooving, slotting, coping, and jointing, 
and the like. The wheels may be ``solid'' consisting of organic-bonded 
abrasive material throughout, ``steel centered'' consisting of a steel 
disc with a rim of organic-bonded material moulded around the periphery, 
or of the ``inserted tooth'' type consisting of a steel disc with 
organic-bonded abrasive teeth or inserts mechanically secured around the 
periphery.
    (ii) Belts. All power-driven, flexible, coated bands used for 
grinding, polishing, or buffing purposes.
    (iii) Branch pipe. The part of an exhaust system piping that is 
connected directly to the hood or enclosure.
    (iv) Cradle. A movable fixture, upon which the part to be ground or 
polished is placed.
    (v) Disc wheels. All power-driven rotatable discs faced with 
abrasive materials, artificial or natural, and used for grinding or 
polishing on the side of the assembled disc.
    (vi) Entry loss. The loss in static pressure caused by air flowing 
into a duct or hood. It is usually expressed in inches of water gauge.
    (vii) Exhaust system. A system consisting of branch pipes connected 
to hoods or enclosures, one or more header pipes, an exhaust fan, means 
for separating solid contaminants from the air flowing in the system, 
and a discharge stack to outside.
    (viii) Grinding wheels. All power-driven rotatable grinding or 
abrasive wheels, except disc wheels as defined in this standard, 
consisting of abrasive particles held together by artificial or natural 
bonds and used for peripheral grinding.
    (ix) Header pipe (main pipe). A pipe into which one or more branch 
pipes enter and which connects such branch

[[Page 54]]

pipes to the remainder of the exhaust system.
    (x) Hoods and enclosures. The partial or complete enclosure around 
the wheel or disc through which air enters an exhaust system during 
operation.
    (xi) Horizontal double-spindle disc grinder. A grinding machine 
carrying two power-driven, rotatable, coaxial, horizontal spindles upon 
the inside ends of which are mounted abrasive disc wheels used for 
grinding two surfaces simultaneously.
    (xii) Horizontal single-spindle disc grinder. A grinding machine 
carrying an abrasive disc wheel upon one or both ends of a power-driven, 
rotatable single horizontal spindle.
    (xiii) Polishing and buffing wheels. All power-driven rotatable 
wheels composed all or in part of textile fabrics, wood, felt, leather, 
paper, and may be coated with abrasives on the periphery of the wheel 
for purposes of polishing, buffing, and light grinding.
    (xiv) Portable grinder. Any power-driven rotatable grinding, 
polishing, or buffing wheel mounted in such manner that it may be 
manually manipulated.
    (xv) Scratch brush wheels. All power-driven rotatable wheels made 
from wire or bristles, and used for scratch cleaning and brushing 
purposes.
    (xvi) Swing-frame grinder. Any power-driven rotatable grinding, 
polishing, or buffing wheel mounted in such a manner that the wheel with 
its supporting framework can be manipulated over stationary objects.
    (xvii) Velocity pressure (vp). The kinetic pressure in the direction 
of flow necessary to cause a fluid at rest to flow at a given velocity. 
It is usually expressed in inches of water gauge.
    (xviii) Vertical spindle disc grinder. A grinding machine having a 
vertical, rotatable power-driven spindle carrying a horizontal abrasive 
disc wheel.
    (2) Application. Wherever dry grinding, dry polishing or buffing is 
performed, and employee exposure, without regard to the use of 
respirators, exceeds the permissible exposure limits prescribed in Sec.  
1926.55 or other pertinent sections of this part, a local exhaust 
ventilation system shall be provided and used to maintain employee 
exposures within the prescribed limits.
    (3) Hood and branch pipe requirements. (i) Hoods connected to 
exhaust systems shall be used, and such hoods shall be designed, 
located, and placed so that the dust or dirt particles shall fall or be 
projected into the hoods in the direction of the air flow. No wheels, 
discs, straps, or belts shall be operated in such manner and in such 
direction as to cause the dust and dirt particles to be thrown into the 
operator's breathing zone.
    (ii) Grinding wheels on floor stands, pedestals, benches, and 
special-purpose grinding machines and abrasive cutting-off wheels shall 
have not less than the minimum exhaust volumes shown in Table D-57.1 
with a recommended minimum duct velocity of 4,500 feet per minute in the 
branch and 3,500 feet per minute in the main. The entry losses from all 
hoods except the vertical-spindle disc grinder hood, shall equal 0.65 
velocity pressure for a straight takeoff and 0.45 velocity pressure for 
a tapered takeoff. The entry loss for the vertical-spindle disc grinder 
hood is shown in figure D-57.1 (following paragraph (g) of this 
section).

         Table D-57.1--Grinding and Abrasive Cutting-Off Wheels
------------------------------------------------------------------------
                                                                Minimum
                                                     Wheel      exhaust
           Wheel diameter, inches (cm)              width,      volume
                                                    inches     (feet\3\/
                                                     (cm)        min.)
------------------------------------------------------------------------
To 9 (22.86)....................................      1\1/2\         220
                                                      (3.81)
Over 9 to 16 (22.86 to 40.64)...................    2 (5.08)         390
Over 16 to 19 (40.64 to 48.26)..................    3 (7.62)         500
Over 19 to 24 (48.26 to 60.96)..................   4 (10.16)         610
Over 24 to 30 (60.96 to 76.2)...................    5 (12.7)         880
Over 30 to 36 (76.2 to 91.44)...................   6 (15.24)       1,200
------------------------------------------------------------------------


For any wheel wider than wheel diameters shown in Table D-57.1, increase 
the exhaust volume by the ratio of the new width to the width shown.

    Example: If wheel width = 4\1/2\ inches (11.43 cm),

then 4.5 / 4 x 610 = 686 (rounded to 690).

    (iii) Scratch-brush wheels and all buffing and polishing wheels 
mounted on floor stands, pedestals, benches, or special-purpose machines 
shall have not less than the minimum exhaust volume shown in Table D-
57.2.

[[Page 55]]



               Table D-57.2--Buffing and Polishing Wheels
------------------------------------------------------------------------
                                                                Minimum
                                                     Wheel      exhaust
           Wheel diameter, inches (cm)              width,      volume
                                                  inches cm)   (feet\3\/
                                                                 min.)
------------------------------------------------------------------------
To 9 (22.86)....................................    2 (5.08)         300
Over 9 to 16 (22.86 to 40.64)...................    3 (7.62)         500
Over 16 to 19 (40.64 to 48.26)..................   4 (10.16)         610
Over 19 to 24 (48.26 to 60.96)..................    5 (12.7)         740
Over 24 to 30 (60.96 to 76.2)...................   6 (15.24)       1,040
Over 30 to 36 (76.2 to 91.44)...................   6 (15.24)       1,200
------------------------------------------------------------------------

    (iv) Grinding wheels or discs for horizontal single-spindle disc 
grinders shall be hooded to collect the dust or dirt generated by the 
grinding operation and the hoods shall be connected to branch pipes 
having exhaust volumes as shown in Table D-57.3.

          Table D-57.3--Horizontal Single-Spindle Disc Grinder
------------------------------------------------------------------------
                                                                Exhaust
                                                                volume
                 Disc diameter, inches (cm)                    (ft.\3\/
                                                                 min.)
------------------------------------------------------------------------
Up to 12 (30.48)............................................         220
Over 12 to 19 (30.48 to 48.26)..............................         390
Over 19 to 30 (48.26 to 76.2)...............................         610
Over 30 to 36 (76.2 to 91.44)...............................         880
------------------------------------------------------------------------

    (v) Grinding wheels or discs for horizontal double-spindle disc 
grinders shall have a hood enclosing the grinding chamber and the hood 
shall be connected to one or more branch pipes having exhaust volumes as 
shown in Table D-57.4.

          Table D-57.4--Horizontal Double-Spindle Disc Grinder
------------------------------------------------------------------------
                                                                Exhaust
                                                                volume
                 Disc diameter, inches (cm)                    (ft.\3\/
                                                                 min.)
------------------------------------------------------------------------
Up to 19 (48.26)............................................         610
Over 19 to 25 (48.26 to 63.5)...............................         880
Over 25 to 30 (63.5 to 76.2)................................       1,200
Over 30 to 53 (76.2 to 134.62)..............................       1,770
Over 53 to 72 (134.62 to 182.88)............................       6,280
------------------------------------------------------------------------

    (vi) Grinding wheels or discs for vertical single-spindle disc 
grinders shall be encircled with hoods to remove the dust generated in 
the operation. The hoods shall be connected to one or more branch pipes 
having exhaust volumes as shown in Table D-57.5.

               Table D-57.5--Vertical Spindle Disc Grinder
------------------------------------------------------------------------
                                     One-half or more   Disc not covered
                                      of disc covered ------------------
                                    ------------------
     Disc diameter, inches (cm)               Exhaust            Exhaust
                                      Number    foot    Number  foot\3\/
                                       \1\      \3\/     \1\      min.
                                                min.
------------------------------------------------------------------------
Up to 20 (50.8)....................        1      500        2       780
Over 20 to 30 (50.8 to 76.2).......        2      780        2     1,480
Over 30 to 53 (76.2 to 134.62).....        2    1,770        4     3,530
Over 53 to 72 (134.62 to 182.88)...        2    3,140        5     6,010
------------------------------------------------------------------------
\1\ Number of exhaust outlets around periphery of hood, or equal
  distribution provided by other means.

    (vii) Grinding and polishing belts shall be provided with hoods to 
remove dust and dirt generated in the operations and the hoods shall be 
connected to branch pipes having exhaust volumes as shown in Table D-
57.6.

               Table D-57.6--Grinding and Polishing Belts
------------------------------------------------------------------------
                                                                Exhaust
                                                                volume
                  Belts width, inches (cm)                     (ft.\3\/
                                                                 min.)
------------------------------------------------------------------------
Up to 3 (7.62)..............................................         220
Over 3 to 5 (7.62 to 12.7)..................................         300
Over 5 to 7 (12.7 to 17.78).................................         390
Over 7 to 9 (17.78 to 22.86)................................         500
Over 9 to 11 (22.86 to 27.94)...............................         610
Over 11 to 13 (27.94 to 33.02)..............................         740
------------------------------------------------------------------------

    (viii) Cradles and swing-frame grinders. Where cradles are used for 
handling the parts to be ground, polished, or buffed, requiring large 
partial enclosures to house the complete operation, a minimum average 
air velocity of 150 feet per minute shall be maintained over the entire 
opening of the enclosure. Swing-frame grinders shall also be exhausted 
in the same manner as provided for cradles. (See fig. D-57.3)
    (ix) Where the work is outside the hood, air volumes must be 
increased as shown in American Standard Fundamentals Governing the 
Design and Operation of Local Exhaust Systems, Z9.2-1960 (section 4, 
exhaust hoods).
    (4) Exhaust systems. (i) Exhaust systems for grinding, polishing, 
and buffing operations should be designed in accordance with American 
Standard Fundamentals Governing the Design and Operation of Local 
Exhaust Systems, Z9.2-1960.

[[Page 56]]

    (ii) Exhaust systems for grinding, polishing, and buffing operations 
shall be tested in the manner described in American Standard 
Fundamentals Governing the Design and Operation of Local Exhaust 
Systems, Z9.2-1960.
    (iii) All exhaust systems shall be provided with suitable dust 
collectors.
    (5) Hood and enclosure design. (i) (A) It is the dual function of 
grinding and abrasive cutting-off wheel hoods to protect the operator 
from the hazards of bursting wheels as well as to provide a means for 
the removal of dust and dirt generated. All hoods shall be not less in 
structural strength than specified in the American National Standard 
Safety Code for the Use, Care, and Protection of Abrasive Wheels, B7.1-
1970.
    (B) Due to the variety of work and types of grinding machines 
employed, it is necessary to develop hoods adaptable to the particular 
machine in question, and such hoods shall be located as close as 
possible to the operation.
    (ii) Exhaust hoods for floor stands, pedestals, and bench grinders 
shall be designed in accordance with figure D-57.2. The adjustable 
tongue shown in the figure shall be kept in working order and shall be 
adjusted within one-fourth inch (0.635 cm) of the wheel periphery at all 
times.
    (iii) Swing-frame grinders shall be provided with exhaust booths as 
indicated in figure D-57.3.
    (iv) Portable grinding operations, whenever the nature of the work 
permits, shall be conducted within a partial enclosure. The opening in 
the enclosure shall be no larger than is actually required in the 
operation and an average face air velocity of not less than 200 feet per 
minute shall be maintained.
    (v) Hoods for polishing and buffing and scratch-brush wheels shall 
be constructed to conform as closely to figure D-57.4 as the nature of 
the work will permit.
    (vi) Cradle grinding and polishing operations shall be performed 
within a partial enclosure similar to figure D-57.5. The operator shall 
be positioned outside the working face of the opening of the enclosure. 
The face opening of the enclosure should not be any greater in area than 
that actually required for the performance of the operation and the 
average air velocity into the working face of the enclosure shall not be 
less than 150 feet per minute.
    (vii) Hoods for horizontal single-spindle disc grinders shall be 
constructed to conform as closely as possible to the hood shown in 
figure D-57.6. It is essential that there be a space between the back of 
the wheel and the hood, and a space around the periphery of the wheel of 
at least 1 inch (2.54 cm) in order to permit the suction to act around 
the wheel periphery. The opening on the side of the disc shall be no 
larger than is required for the grinding operation, but must never be 
less than twice the area of the branch outlet.
    (viii) Horizontal double-spindle disc grinders shall have a hood 
encircling the wheels and grinding chamber similar to that illustrated 
in figure D-57.7. The openings for passing the work into the grinding 
chamber should be kept as small as possible, but must never be less than 
twice the area of the branch outlets.
    (ix) Vertical-spindle disc grinders shall be encircled with a hood 
so constructed that the heavy dust is drawn off a surface of the disc 
and the lighter dust exhausted through a continuous slot at the top of 
the hood as shown in figure D-57.1.
    (x) Grinding and polishing belt hoods shall be constructed as close 
to the operation as possible. The hood should extend almost to the belt, 
and 1-inch (2.54 cm) wide openings should be provided on either side. 
Figure D-57.8 shows a typical hood for a belt operation.

[[Page 57]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.000

  Figure D-57.1--Vertical Spindle Disc Grinder Exhaust Hood and Branch 
                            Pipe Connections

----------------------------------------------------------------------------------------------------------------
              Dia. D inches (cm)                          Exhaust E                Volume
------------------------------------------------------------------------------  Exhausted at
                                                                                4,500 ft/min          Note
             Min.                   Max.          No Pipes          Dia.          ft\3\/min
----------------------------------------------------------------------------------------------------------------
                                    20 (50.8)               1          4\1/4\             500  When one-half or
                                                                     (10.795)                   more of the disc
                                                                                                can be hooded,
                                                                                                use exhaust
                                                                                                ducts as shown
                                                                                                at the left.
Over 20 (50.8)...............       30 (76.2)               2       4 (10.16)             780
Over 30 (76.2)...............     72 (182.88)               2       6 (15.24)           1,770
Over 53 (134.62).............     72 (182.88)               2       8 (20.32)           3,140
----------------------------------------------------------------------------------------------------------------
                                    20 (50.8)               2       4 (10.16)             780  When no hood can
                                                                                                be used over
                                                                                                disc, use
                                                                                                exhaust ducts as
                                                                                                shown at left.
Over 20 (50.8)...............       20 (50.8)               2       4 (10.16)             780
Over 30 (76.2)...............       30 (76.2)               2  5\1/2\ (13.97)           1,480
Over 53 (134.62).............     53 (134.62)               4       6 (15.24)           3,530
                                  72 (182.88)               5       7 (17.78)           6,010
----------------------------------------------------------------------------------------------------------------
Entry loss = 1.0 slot velocity pressure + 0.5 branch velocity pressure.
Minimum slot velocity = 2,000 ft/min--\1/2\-inch (1.27 cm) slot width.


[[Page 58]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.001

                  Figure D-57.2--Standard Grinder Hood

----------------------------------------------------------------------------------------------------------------
                        Wheel dimension, inches (centimeters)
-------------------------------------------------------------------------------------     Exhaust      Volume of
                              Diameter                                                outlet, inches    air at
---------------------------------------------------------------------   Width, Max     (centimeters)   4,500 ft/
                       Min= d                             Max= D                             E            min
----------------------------------------------------------------------------------------------------------------
                                                           9 (22.86)   1\1/2\ (3.81)               3         220
Over 9 (22.86)......................................      16 (40.64)        2 (5.08)               4         390
Over 16 (40.64).....................................      19 (48.26)        3 (7.62)          4\1/2\         500
Over 19 (48.26).....................................      24 (60.96)       4 (10.16)               5         610
Over 24 (60.96).....................................       30 (76.2)        5 (12.7)               6         880
Over 30 (76.2)......................................      36 (91.44)       6 (15.24)               7       1,200
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.45 velocity pressure for tapered takeoff 0.65 velocity pressure for straight takeoff.


[[Page 59]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.002

Figure D-57.3--A Method of Applying an Exhaust Enclosure to Swing-Frame 
                                Grinders
    Note: Baffle to reduce front opening as much as possible

[[Page 60]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.003

                              Figure D-57.4

                                       Standard Buffing and Polishing Hood
----------------------------------------------------------------------------------------------------------------
                        Wheel dimension, inches (centimeters)
-------------------------------------------------------------------------------------     Exhaust      Volume of
                              Diameter                                                outlet, inches    air at
---------------------------------------------------------------------   Width, Max           E         4,500 ft/
                       Min= d                             Max= D                                          min
----------------------------------------------------------------------------------------------------------------
                                                           9 (22.86)        2 (5.08)   3\1/2\ (3.81)         300
Over 9 (22.86)......................................      16 (40.64)        3 (5.08)               4         500
Over 16 (40.64).....................................      19 (48.26)       4 (11.43)               5         610
Over 19 (48.26).....................................      24 (60.96)        5 (12.7)          5\1/2\         740
Over 24 (60.96).....................................       30 (76.2)       6 (15.24)          6\1/2\       1.040
Over 30 (76.2)......................................      36 (91.44)       6 (15.24)               7       1.200
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.15 velocity pressure for tapered takeoff; 0.65 velocity pressure for straight takeoff.


[[Page 61]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.004

          Figure D-57.5--Cradle Polishing or Grinding Enclosure

         Entry loss = 0.45 velocity pressure for tapered takeoff

[[Page 62]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.005

 Figure D-57.6--Horizontal Single-Spindle Disc Grinder Exhaust Hood and 
                         Branch Pipe Connections

------------------------------------------------------------------------
          Dia D, inches (centimeters)                           Volume
------------------------------------------------ Exhaust E,   exhausted
                                                    dia.     at 4,500 ft/
              Min.                    Max.         inches     min ft\3\/
                                                    (cm)         min
------------------------------------------------------------------------
                                     12 (30.48)     3 (7.6)          220
Over 12 (30.48)................      19 (48.26)   4 (10.16)          390
Over 19 (48.26)................       30 (76.2)    5 (12.7)          610
Over 30 (76.2).................      36 (91.44)   6 (15.24)          880
------------------------------------------------------------------------
Note: If grinding wheels are used for disc grinding purposes, hoods must
  conform to structural strength and materials as described in 9.1.
 
Entry loss = 0.45 velocity pressure for tapered takeoff.


[[Page 63]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.006

 Figure D-57.7--Horizontal Double-Spindle Disc Grinder Exhaust Hood and 
                         Branch Pipe Connections

----------------------------------------------------------------------------------------------------------------
         Disc dia. inches (centimeters)                   Exhaust E            Volume
---------------------------------------------------------------------------- exhaust at
                                                                              4,500 ft/            Note
              Min.                    Max.        No Pipes        Dia.       min. ft\3\/
                                                                                 min
----------------------------------------------------------------------------------------------------------------
                                     19 (48.26)           1               5         610
Over 19 (48.26)................       25 (63.5)           1               6         880  When width ``W''
                                                                                          permits, exhaust ducts
                                                                                          should be as near
                                                                                          heaviest grinding as
                                                                                          possible.
Over 25 (63.5).................       30 (76.2)           1               7       1,200
Over 30 (76.2).................     53 (134.62)           2               6       1,770
Over 53 (134.62)...............     72 (182.88)           4               8       6,280
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.45 velocity pressure for tapered takeoff.


[[Page 64]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.007

           Figure D-57.8--A Typical Hood for a Belt Operation

         Entry loss = 0.45 velocity pressure for tapered takeoff

------------------------------------------------------------------------
                                                                Exhaust
             Belt width W. inches (centimeters)                 volume.
                                                              ft.\1\/min
------------------------------------------------------------------------
Up to 3 (7.62)..............................................         220
3 to 5 (7.62 to 12.7).......................................         300
5 to 7 (12.7 to 17.78)......................................         390
7 to 9 (17.78 to 22.86).....................................         500
9 to 11 (22.86 to 27.94)....................................         610
11 to 13 (27.94 to 33.02)...................................         740
------------------------------------------------------------------------
Minimum duct velocity = 4,500 ft/min branch, 3,500 ft/min main.
Entry loss = 0.45 velocity pressure for tapered takeoff; 0.65 velocity
  pressure for straight takeoff.

    (6) Scope. This paragraph (g), prescribes the use of exhaust hood 
enclosures and systems in removing dust, dirt, fumes, and gases 
generated through the grinding, polishing, or buffing of ferrous and 
nonferrous metals.
    (h) Spray finishing operations--(1) Definitions applicable to this 
paragraph--(i) Spray-finishing operations. Spray-finishing operations 
are employment of methods wherein organic or inorganic materials are 
utilized in dispersed form for deposit on surfaces to be coated, 
treated, or cleaned. Such methods of deposit may involve either 
automatic, manual, or electrostatic deposition but do not include metal 
spraying or metallizing, dipping, flow coating, roller coating, 
tumbling, centrifuging, or spray washing and degreasing as conducted in 
self-contained washing and degreasing machines or systems.
    (ii) Spray booth. Spray booths are defined and described in Sec.  
1926.66(a). (See sections 103, 104, and 105 of the Standard for Spray 
Finishing Using Flammable and Combustible Materials, NFPA No. 33-1969).
    (iii) Spray room. A spray room is a room in which spray-finishing 
operations not conducted in a spray booth are performed separately from 
other areas.
    (iv) Minimum maintained velocity. Minimum maintained velocity is the 
velocity of air movement which must be maintained in order to meet 
minimum specified requirements for health and safety.
    (2) Location and application. Spray booths or spray rooms are to be 
used to enclose or confine all operations. Spray-finishing operations 
shall be located as provided in sections 201 through 206 of the Standard 
for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 
33-1969.
    (3) Design and construction of spray booths. (i) Spray booths shall 
be designed and constructed in accordance with Sec.  1926.66(b) (1) 
through (4) and (6) through (10) (see sections 301-304 and 306-310 of 
the Standard for Spray Finishing Using Flammable and Combustible 
Materials, NFPA No. 33-1969), for general construction specifications. 
For a more detailed discussion of fundamentals relating to this subject, 
see ANSI Z9.2-1960
    (A) Lights, motors, electrical equipment, and other sources of 
ignition shall conform to the requirements of Sec.  1926.66(b)(10) and 
(c). (See section 310 and chapter 4 of the Standard for Spray Finishing 
Using Flammable and Combustible Materials NFPA No. 33-1969.)
    (B) In no case shall combustible material be used in the 
construction of a

[[Page 65]]

spray booth and supply or exhaust duct connected to it.
    (ii) Unobstructed walkways shall not be less than 6\1/2\ feet (1.976 
m) high and shall be maintained clear of obstruction from any work 
location in the booth to a booth exit or open booth front. In booths 
where the open front is the only exit, such exits shall be not less than 
3 feet (0.912 m) wide. In booths having multiple exits, such exits shall 
not be less than 2 feet (0.608 m) wide, provided that the maximum 
distance from the work location to the exit is 25 feet (7.6 m) or less. 
Where booth exits are provided with doors, such doors shall open outward 
from the booth.
    (iii) Baffles, distribution plates, and dry-type overspray 
collectors shall conform to the requirements of Sec.  1926.66(b) (4) and 
(5). (See sections 304 and 305 of the Standard for Spray Finishing Using 
Flammable and Combustible Materials, NFPA No. 33-1969.)
    (A) Overspray filters shall be installed and maintained in 
accordance with the requirements of Sec.  1926.66(b)(5), (see section 
305 of the Standard for Spray Finishing Using Flammable and Combustible 
Materials, NFPA No. 33-1969), and shall only be in a location easily 
accessible for inspection, cleaning, or replacement.
    (B) Where effective means, independent of the overspray filters, are 
installed which will result in design air distribution across the booth 
cross section, it is permissible to operate the booth without the 
filters in place.
    (iv) (A) For wet or water-wash spray booths, the water-chamber 
enclosure, within which intimate contact of contaminated air and 
cleaning water or other cleaning medium is maintained, if made of steel, 
shall be 18 gage or heavier and adequately protected against corrosion.
    (B) Chambers may include scrubber spray nozzles, headers, troughs, 
or other devices. Chambers shall be provided with adequate means for 
creating and maintaining scrubbing action for removal of particulate 
matter from the exhaust air stream.
    (v) Collecting tanks shall be of welded steel construction or other 
suitable non-combustible material. If pits are used as collecting tanks, 
they shall be concrete, masonry, or other material having similar 
properties.
    (A) Tanks shall be provided with weirs, skimmer plates, or screens 
to prevent sludge and floating paint from entering the pump suction box. 
Means for automatically maintaining the proper water level shall also be 
provided. Fresh water inlets shall not be submerged. They shall 
terminate at least one pipe diameter above the safety overflow level of 
the tank.
    (B) Tanks shall be so constructed as to discourage accumulation of 
hazardous deposits.
    (vi) Pump manifolds, risers, and headers shall be adequately sized 
to insure sufficient water flow to provide efficient operation of the 
water chamber.
    (4) Design and construction of spray rooms. (i) Spray rooms, 
including floors, shall be constructed of masonry, concrete, or other 
noncombustible material.
    (ii) Spray rooms shall have noncombustible fire doors and shutters.
    (iii) Spray rooms shall be adequately ventilated so that the 
atmosphere in the breathing zone of the operator shall be maintained in 
accordance with the requirements of paragraph (h)(6)(ii) of this 
section.
    (iv) Spray rooms used for production spray-finishing operations 
shall conform to the requirements for spray booths.
    (5) Ventilation. (i) Ventilation shall be provided in accordance 
with provisions of Sec.  1926.66(d) (see chapter 5 of the Standard for 
Spray Finishing Using Flammable or Combustible Materials, NFPA No. 33-
1969), and in accordance with the following:
    (A) Where a fan plenum is used to equalize or control the 
distribution of exhaust air movement through the booth, it shall be of 
sufficient strength or rigidity to withstand the differential air 
pressure or other superficially imposed loads for which the equipment is 
designed and also to facilitate cleaning. Construction specifications 
shall be at least equivalent to those of paragraph (h)(5)(iii) of this 
section.
    (B) [Reserved]
    (ii) Inlet or supply ductwork used to transport makeup air to spray 
booths or surrounding areas shall be constructed of noncombustible 
materials.

[[Page 66]]

    (A) If negative pressure exists within inlet ductwork, all seams and 
joints shall be sealed if there is a possibility of infiltration of 
harmful quantities of noxious gases, fumes, or mists from areas through 
which ductwork passes.
    (B) Inlet ductwork shall be sized in accordance with volume flow 
requirements and provide design air requirements at the spray booth.
    (C) Inlet ductwork shall be adequately supported throughout its 
length to sustain at least its own weight plus any negative pressure 
which is exerted upon it under normal operating conditions.
    (iii) [Reserved]
    (A) Exhaust ductwork shall be adequately supported throughout its 
length to sustain its weight plus any normal accumulation in interior 
during normal operating conditions and any negative pressure exerted 
upon it.
    (B) Exhaust ductwork shall be sized in accordance with good design 
practice which shall include consideration of fan capacity, length of 
duct, number of turns and elbows, variation in size, volume, and 
character of materials being exhausted. See American National Standard 
Z9.2-1960 for further details and explanation concerning elements of 
design.
    (C) Longitudinal joints in sheet steel ductwork shall be either 
lock-seamed, riveted, or welded. For other than steel construction, 
equivalent securing of joints shall be provided.
    (D) Circumferential joints in ductwork shall be substantially 
fastened together and lapped in the direction of airflow. At least every 
fourth joint shall be provided with connecting flanges, bolted together, 
or of equivalent fastening security.
    (E) Inspection or clean-out doors shall be provided for every 9 to 
12 feet (2.736 to 3.648 m) of running length for ducts up to 12 inches 
(0.304 m) in diameter, but the distance between cleanout doors may be 
greater for larger pipes. (See 8.3.21 of American National Standard 
Z9.1-1951.) A clean-out door or doors shall be provided for servicing 
the fan, and where necessary, a drain shall be provided.
    (F) Where ductwork passes through a combustible roof or wall, the 
roof or wall shall be protected at the point of penetration by open 
space or fire-resistive material between the duct and the roof or wall. 
When ducts pass through firewalls, they shall be provided with automatic 
fire dampers on both sides of the wall, except that three-eighth-inch 
steel plates may be used in lieu of automatic fire dampers for ducts not 
exceeding 18 inches (45.72 cm) in diameter.
    (G) Ductwork used for ventilating any process covered in this 
standard shall not be connected to ducts ventilating any other process 
or any chimney or flue used for conveying any products of combustion.
    (6) Velocity and air flow requirements. (i) Except where a spray 
booth has an adequate air replacement system, the velocity of air into 
all openings of a spray booth shall be not less than that specified in 
Table D-57.7 for the operating conditions specified. An adequate air 
replacement system is one which introduces replacement air upstream or 
above the object being sprayed and is so designed that the velocity of 
air in the booth cross section is not less than that specified in Table 
D-57.7 when measured upstream or above the object being sprayed.

                          Table D-57.7--Minimum Maintained Velocities Into Spray Booths
----------------------------------------------------------------------------------------------------------------
                                                                                Airflow velocities, f.p.m.
     Operating conditions for objects            Crossdraft, f.p.m.     ----------------------------------------
          completely inside booth                                                   Design               Range
----------------------------------------------------------------------------------------------------------------
Electrostatic and automatic airless         Negligible.................  50 large booth.............       50-75
 operation contained in booth without
 operator.
                                            ...........................  100 small booth............      75-125
Air-operated guns, manual or automatic....  Up to 50...................  100 large booth............      75-125
                                            ...........................  150 small booth............     125-175
Air-operated guns, manual or automatic....  Up to 100..................  150 large booth............     125-175
                                            ...........................  200 small booth............     150-250
----------------------------------------------------------------------------------------------------------------
Notes:
 (1) Attention is invited to the fact that the effectiveness of the spray booth is dependent upon the
  relationship of the depth of the booth to its height and width.

[[Page 67]]

 
 (2) Crossdrafts can be eliminated through proper design and such design should be sought. Crossdrafts in excess
  of 100fpm (feet per minute) should not be permitted.
 (3) Excessive air pressures result in loss of both efficiency and material waste in addition to creating a
  backlash that may carry overspray and fumes into adjacent work areas.
 (4) Booths should be designed with velocities shown in the column headed ``Design.'' However, booths operating
  with velocities shown in the column headed ``Range'' are in compliance with this standard.

    (ii) In addition to the requirements in paragraph (h)(6)(i) of this 
section the total air volume exhausted through a spray booth shall be 
such as to dilute solvent vapor to at least 25 percent of the lower 
explosive limit of the solvent being sprayed. An example of the method 
of calculating this volume is given below.

    Example: To determine the lower explosive limits of the most common 
solvents used in spray finishing, see Table D-57.8. Column 1 gives the 
number of cubic feet of vapor per gallon of solvent and column 2 gives 
the lower explosive limit (LEL) in percentage by volume of air. Note 
that the quantity of solvent will be diminished by the quantity of 
solids and nonflammables contained in the finish.
    To determine the volume of air in cubic feet necessary to dilute the 
vapor from 1 gallon of solvent to 25 percent of the lower explosive 
limit, apply the following formula:

Dilution volume required per gallon of solvent = 4 (100-LEL) (cubic feet 
          of vapor per gallon) / LEL


Using toluene as the solvent.
    (1) LEL of toluene from Table D-57.8, column 2, is 1.4 percent.
    (2) Cubic feet of vapor per gallon from Table D-57.8, column 1, is 
30.4 cubic feet per gallon.
    (3) Dilution volume required =

4 (100-1.4) 30.4 / 1.4 = 8,564 cubic feet.

    (4) To convert to cubic feet per minute of required ventilation, 
multiply the dilution volume required per gallon of solvent by the 
number of gallons of solvent evaporated per minute.

   Table D-57.8--Lower Explosive Limit of Some Commonly Used Solvents
------------------------------------------------------------------------
                                                                 Lower
                                                  Cubic feet   explosive
                                                  per gallon   limit in
                                                   of vapor   percent by
                     Solvent                       of liquid   volume of
                                                     at 70     air at 70
                                                    [deg]F      [deg]F
                                                    (21.11      (21.11
                                                   [deg]C).     [deg]C)
------------------------------------------------------------------------
                                                    Column 1    Column 2
 
Acetone.........................................        44.0         2.6
Amyl Acetate (iso)..............................        21.6     \1\ 1.0
Amyl Alcohol (n)................................        29.6         1.2
Amyl Alcohol (iso)..............................        29.6         1.2
Benzene.........................................        36.8     \1\ 1.4
Butyl Acetate (n)...............................        24.8         1.7
Butyl Alcohol (n)...............................        35.2         1.4
Butyl Cellosolve................................        24.8         1.1
Cellosolve......................................        33.6         1.8
Cellosolve Acetate..............................        23.2         1.7
Cyclohexanone...................................        31.2     \1\ 1.1
1,1 Dichloroethylene............................        42.4         5.9
1,2 Dichloroethylene............................        42.4         9.7
Ethyl Acetate...................................        32.8         2.5
Ethyl Alcohol...................................        55.2         4.3
Ethyl Lactate...................................        28.0     \1\ 1.5
Methyl Acetate..................................        40.0         3.1
Methyl Alcohol..................................        80.8         7.3
Methyl Cellosolve...............................        40.8         2.5
Methyl Ethyl Ketone.............................        36.0         1.8
Methyl n-Propyl Ketone..........................        30.4         1.5
Naphtha (VM&P) (76[deg]Naphtha).................        22.4         0.9
Naphtha (100[deg]Flash) Safety Solvent--Stoddard        23.2         1.0
 Solvent........................................
Propyl Acetate (n)..............................        27.2         2.8
Propyl Acetate (iso)............................        28.0         1.1
Propyl Alcohol (n)..............................        44.8         2.1
Propyl Alcohol (iso)............................        44.0         2.0
Toluene.........................................        30.4         1.4
Turpentine......................................        20.8         0.8
Xylene (o)......................................        26.4         1.0
------------------------------------------------------------------------
\1\ At 212 [deg]F (100 [deg]C).

    (iii)(A) When an operator is in a booth downstream of the object 
being sprayed, an air-supplied respirator or other type of respirator 
approved by NIOSH under 42 CFR part 84 for the material being sprayed 
should be used by the operator.
    (B) Where downdraft booths are provided with doors, such doors shall 
be closed when spray painting.
    (7) Make-up air. (i) Clean fresh air, free of contamination from 
adjacent industrial exhaust systems, chimneys, stacks, or vents, shall 
be supplied to a spray booth or room in quantities equal to the volume 
of air exhausted through the spray booth.
    (ii) Where a spray booth or room receives make-up air through self-
closing doors, dampers, or louvers, they shall be fully open at all 
times when the booth or room is in use for spraying. The velocity of air 
through such doors, dampers, or louvers shall not exceed

[[Page 68]]

200 feet per minute. If the fan characteristics are such that the 
required air flow through the booth will be provided, higher velocities 
through the doors, dampers, or louvers may be used.
    (iii) (A) Where the air supply to a spray booth or room is filtered, 
the fan static pressure shall be calculated on the assumption that the 
filters are dirty to the extent that they require cleaning or 
replacement.
    (B) The rating of filters shall be governed by test data supplied by 
the manufacturer of the filter. A pressure gage shall be installed to 
show the pressure drop across the filters. This gage shall be marked to 
show the pressure drop at which the filters require cleaning or 
replacement. Filters shall be replaced or cleaned whenever the pressure 
drop across them becomes excessive or whenever the air flow through the 
face of the booth falls below that specified in Table D-57.7.
    (iv) (A) Means for heating make-up air to any spray booth or room, 
before or at the time spraying is normally performed, shall be provided 
in all places where the outdoor temperature may be expected to remain 
below 55 [deg]F. (12.77 [deg]C.) for appreciable periods of time during 
the operation of the booth except where adequate and safe means of 
radiant heating for all operating personnel affected is provided. The 
replacement air during the heating seasons shall be maintained at not 
less than 65 [deg]F. (18.33 [deg]C.) at the point of entry into the 
spray booth or spray room. When otherwise unheated make-up air would be 
at a temperature of more than 10 [deg]F. below room temperature, its 
temperature shall be regulated as provided in section 3.6.3 of ANSI 
Z9.2-1960.
    (B) As an alternative to an air replacement system complying with 
the preceding section, general heating of the building in which the 
spray room or booth is located may be employed provided that all 
occupied parts of the building are maintained at not less than 65 
[deg]F. (18.33 [deg]C.) when the exhaust system is in operation or the 
general heating system supplemented by other sources of heat may be 
employed to meet this requirement.
    (C) No means of heating make-up air shall be located in a spray 
booth.
    (D) Where make-up air is heated by coal or oil, the products of 
combustion shall not be allowed to mix with the make-up air, and the 
products of combustion shall be conducted outside the building through a 
flue terminating at a point remote from all points where make-up air 
enters the building.
    (E) Where make-up air is heated by gas, and the products of 
combustion are not mixed with the make-up air but are conducted through 
an independent flue to a point outside the building remote from all 
points where make-up air enters the building, it is not necessary to 
comply with paragraph (h)(7)(iv)(F) of this section.
    (F) Where make-up air to any manually operated spray booth or room 
is heated by gas and the products of combustion are allowed to mix with 
the supply air, the following precautions must be taken:
    (1) The gas must have a distinctive and strong enough odor to warn 
workmen in a spray booth or room of its presence if in an unburned state 
in the make-up air.
    (2) The maximum rate of gas supply to the make-up air heater burners 
must not exceed that which would yield in excess of 200 p.p.m. (parts 
per million) of carbon monoxide or 2,000 p.p.m. of total combustible 
gases in the mixture if the unburned gas upon the occurrence of flame 
failure were mixed with all of the make-up air supplied.
    (3) A fan must be provided to deliver the mixture of heated air and 
products of combustion from the plenum chamber housing the gas burners 
to the spray booth or room.
    (8) Scope. Spray booths or spray rooms are to be used to enclose or 
confine all spray finishing operations covered by this paragraph (h). 
This paragraph does not apply to the spraying of the exteriors of 
buildings, fixed tanks, or similar structures, nor to small portable 
spraying apparatus not used repeatedly in the same location.
    (i) Open surface tanks--(1) General. (i) This paragraph applies to 
all operations involving the immersion of materials in liquids, or in 
the vapors of such liquids, for the purpose of cleaning or altering the 
surface or adding to

[[Page 69]]

or imparting a finish thereto or changing the character of the 
materials, and their subsequent removal from the liquid or vapor, 
draining, and drying. These operations include washing, electroplating, 
anodizing, pickling, quenching, dying, dipping, tanning, dressing, 
bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting, 
and other similar operations.
    (ii) Except where specific construction specifications are 
prescribed in this section, hoods, ducts, elbows, fans, blowers, and all 
other exhaust system parts, components, and supports thereof shall be so 
constructed as to meet conditions of service and to facilitate 
maintenance and shall conform in construction to the specifications 
contained in American National Standard Fundamentals Governing the 
Design and Operation of Local Exhaust Systems, Z9.2-1960.
    (2) Classification of open-surface tank operations. (i) Open-surface 
tank operations shall be classified into 16 classes, numbered A-1 to D-
4, inclusive.
    (ii) Determination of class. Class is determined by two factors, 
hazard potential designated by a letter from A to D, inclusive, and rate 
of gas, vapor, or mist evolution designated by a number from 1 to 4, 
inclusive (for example, B.3).
    (iii) Hazard potential is an index, on a scale of from A to D, 
inclusive, of the severity of the hazard associated with the substance 
contained in the tank because of the toxic, flammable, or explosive 
nature of the vapor, gas, or mist produced therefrom. The toxic hazard 
is determined from the concentration, measured in parts by volume of a 
gas or vapor, per million parts by volume of contaminated air (p.p.m.), 
or in milligrams of mist per cubic meter of air (mg./m.\3\), below which 
ill effects are unlikely to occur to the exposed worker. The 
concentrations shall be those in Sec.  1926.55 or other pertinent 
sections of this part.
    (iv) The relative fire or explosion hazard is measured in degrees 
Fahrenheit in terms of the closed-cup flash point of the substance in 
the tank. Detailed information on the prevention of fire hazards in dip 
tanks may be found in Dip Tanks Containing Flammable or Combustible 
Liquids, NFPA No. 34-1966, National Fire Protection Association. Where 
the tank contains a mixture of liquids, other than organic solvents, 
whose effects are additive, the hygienic standard of the most toxic 
component (for example, the one having the lowest p.p.m. or mg./m.\3\) 
shall be used, except where such substance constitutes an 
insignificantly small fraction of the mixture. For mixtures of organic 
solvents, their combined effect, rather than that of either 
individually, shall determine the hazard potential. In the absence of 
information to the contrary, the effects shall be considered as 
additive. If the sum of the ratios of the airborne concentration of each 
contaminant to the toxic concentration of that contaminant exceeds 
unity, the toxic concentration shall be considered to have been 
exceeded. (See Note A to paragraph (i)(2)(v) of this section.)
    (v) Hazard potential shall be determined from Table D-57.9, with the 
value indicating greater hazard being used. When the hazardous material 
may be either a vapor with a threshold limit value (TLV) in p.p.m. or a 
mist with a TLV in mg./m.3, the TLV indicating the greater 
hazard shall be used (for example, A takes precedence over B or C; B 
over C; C over D).

    Note A:
(c1 / TLV1) + (c2 / TLV2) + 
(c3 / TLV3) + ; . . .(cN / 
TLVN)1


Where:

c = Concentration measured at the operation in p.p.m.

             Table D-57.9--Determination of Hazard Potential
------------------------------------------------------------------------
                                               Toxicity group
                                  --------------------------------------
         Hazard potential            Gas or
                                     vapor    Mist (mg./  Flash point in
                                    (p.p.m.)    m\3\)    degrees F. (C.)
------------------------------------------------------------------------
A................................       0-10      0-0.1  ...............
B................................     11-100   0.11-1.0        Under 100
                                                                 (37.77)
C................................    101-500     1.1-10  100 200 (37.77-
                                                                  93.33)
D................................   Over 500    Over 10         Over 200
                                                                 (93.33)
------------------------------------------------------------------------

    (vi) Rate of gas, vapor, or mist evolution is a numerical index, on 
a scale of from 1 to 4, inclusive, both of the relative capacity of the 
tank to produce gas, vapor, or mist and of the

[[Page 70]]

relative energy with which it is projected or carried upwards from the 
tank. Rate is evaluated in terms of
    (A) The temperature of the liquid in the tank in degrees Fahrenheit;
    (B) The number of degrees Fahrenheit that this temperature is below 
the boiling point of the liquid in degrees Fahrenheit;
    (C) The relative evaporation of the liquid in still air at room 
temperature in an arbitrary scale--fast, medium, slow, or nil; and
    (D) The extent that the tank gases or produces mist in an arbitrary 
scale--high, medium, low, and nil. (See Table D-57.10, Note 2.) Gassing 
depends upon electrochemical or mechanical processes, the effects of 
which have to be individually evaluated for each installation (see Table 
D-57.10, Note 3).
    (vii) Rate of evolution shall be determined from Table D-57.10. When 
evaporation and gassing yield different rates, the lowest numerical 
value shall be used.

                    Table D-57.10--Determination of Rate of Gas, Vapor, or Mist Evolution \1\
----------------------------------------------------------------------------------------------------------------
                                        Liquid
              Rate                   temperature,        Degrees below         Relative           Gassing \3\
                                     [deg]F. (C.)        boiling point      evaporation \2\
----------------------------------------------------------------------------------------------------------------
1...............................    Over 200 (93.33)                0-20  Fast..............  High.
2...............................     150-200 (65.55-               21-50  Medium............  Medium.
                                              93.33)
3...............................   94-149 (34.44-65)              51-100  Slow..............  Low.
4...............................    Under 94 (34.44)            Over 100  Nil...............  Nil.
----------------------------------------------------------------------------------------------------------------
\1\ In certain classes of equipment, specifically vapor degreasers, an internal condenser or vapor level
  thermostat is used to prevent the vapor from leaving the tank during normal operation. In such cases, rate of
  vapor evolution from the tank into the workroom is not dependent upon the factors listed in the table, but
  rather upon abnormalities of operating procedure, such as carryout of vapors from excessively fast action,
  dragout of liquid by entrainment in parts, contamination of solvent by water and other materials, or improper
  heat balance. When operating procedure is excellent, effective rate of evolution may be taken as 4. When
  operating procedure is average, the effective rate of evolution may be taken as 3. When operation is poor, a
  rate of 2 or 1 is indicated, depending upon observed conditions.
\2\ Relative evaporation rate is determined according to the methods described by A. K. Doolittle in Industrial
  and Engineering Chemistry, vol. 27, p. 1169, (3) where time for 100-percent evaporation is as follows: Fast: 0-
  3 hours; Medium: 3-12 hours; Slow: 12-50 hours; Nil: more than 50 hours.
\3\ Gassing means the formation by chemical or electrochemical action of minute bubbles of gas under the surface
  of the liquid in the tank and is generally limited to aqueous solutions.

    (3) Ventilation. Where ventilation is used to control potential 
exposures to workers as defined in paragraph (i)(2)(iii) of this 
section, it shall be adequate to reduce the concentration of the air 
contaminant to the degree that a hazard to the worker does not exist. 
Methods of ventilation are discussed in American National Standard 
Fundamentals Governing the Design and Operation of Local Exhaust 
Systems, Z9.2-1960.
    (4) Control requirements. (i) Control velocities shall conform to 
Table D-57.11 in all cases where the flow of air past the breathing or 
working zone of the operator and into the hoods is undisturbed by local 
environmental conditions, such as open windows, wall fans, unit heaters, 
or moving machinery.
    (ii) All tanks exhausted by means of hoods which
    (A) Project over the entire tank;
    (B) Are fixed in position in such a location that the head of the 
workman, in all his normal operating positions while working at the 
tank, is in front of all hood openings; and
    (C) Are completely enclosed on at least two sides, shall be 
considered to be exhausted through an enclosing hood.
    (D) The quantity of air in cubic feet per minute necessary to be 
exhausted through an enclosing hood shall be not less than the product 
of the control velocity times the net area of all openings in the 
enclosure through which air can flow into the hood.

[[Page 71]]



             Table D-57.11--Control Velocities in Feet Per Minute (f.p.m.) for Undisturbed Locations
----------------------------------------------------------------------------------------------------------------
                                                          Enclosing hood                      Canopy hood \2\
                                                     ------------------------   Lateral  -----------------------
                        Class                          One open    Two open     exhaust   Three open   Four open
                                                         side        sides        \1\        sides       sides
----------------------------------------------------------------------------------------------------------------
B-1 and A-2.........................................         100         150         150  Do not use  Do not use
A-3 \2\, B-1, B-2, and C-1..........................          75         100         100         125         175
A-3, C-2, and D-1 \3\...............................          65          90          75         100         150
B-4 \2\, C-3, and D-2 \3\...........................          50          75          50          75         125
A-4, C-4, D-3 \3\, and D-4 \4\......................  ..........  ..........  ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------
\1\ See Table D-57.12 for computation of ventilation rate.
\2\ Do not use canopy hood for Hazard Potential A processes.
\3\ Where complete control of hot water is desired, design as next highest class.
\4\ General room ventilation required.

    (iii) All tanks exhausted by means of hoods which do not project 
over the entire tank, and in which the direction of air movement into 
the hood or hoods is substantially horizontal, shall be considered to be 
laterally exhausted. The quantity of air in cubic feet per minute 
necessary to be laterally exhausted per square foot of tank area in 
order to maintain the required control velocity shall be determined from 
Table D-57.12 for all variations in ratio of tank width (W) to tank 
length $(L). The total quantity of air in cubic feet per minute required 
to be exhausted per tank shall be not less than the product of the area 
of tank surface times the cubic feet per minute per square foot of tank 
area, determined from Table D-57.12.
    (A) For lateral exhaust hoods over 42 inches (1.06 m) wide, or where 
it is desirable to reduce the amount of air removed from the workroom, 
air supply slots or orifices shall be provided along the side or the 
center of the tank opposite from the exhaust slots. The design of such 
systems shall meet the following criteria:
    (1) The supply air volume plus the entrained air shall not exceed 50 
percent of the exhaust volume.
    (2) The velocity of the supply airstream as it reaches the effective 
control area of the exhaust slot shall be less than the effective 
velocity over the exhaust slot area.

Table D-57.12--Minimum Ventilation Rate in Cubic Feet of Air Per Minute Per Square Foot of Tank Area for Lateral
                                                     Exhaust
----------------------------------------------------------------------------------------------------------------
                                                      C.f.m. per sq. ft. to maintain required minimum velocities
                                                       at following ratios (tank width (W)/tank length (L)). \1
   Required minimum control velocity, f.p.m. (from                                2\
                   Table D-57.11)                    -----------------------------------------------------------
                                                       0.0-0.09    0.1-0.24    0.25-0.49   0.5-0.99     1.0-2.0
----------------------------------------------------------------------------------------------------------------
Hood along one side or two parallel sides of tank when one hood is against a wall or baffle. \2\
Also for a manifold along tank centerline. \3\
----------------------------------------------------------------------------------------------------------------
50..................................................          50          60          75          90         100
75..................................................          75          90         110         130         150
100.................................................         100         125         150         175         200
150.................................................         150         190         225         260         300
----------------------------------------------------------------------------------------------------------------
Hood along one side or two parallel sides of free standing tank not against wall or baffle.
----------------------------------------------------------------------------------------------------------------
50..................................................          75          90         100         110         125
75..................................................         110         130         150         170         190
100.................................................         150         175         200         225         250
150.................................................         225         260         300         340         375
----------------------------------------------------------------------------------------------------------------
\1\ It is not practicable to ventilate across the long dimension of a tank whose ratio W/L exceeds 2.0.
It is undesirable to do so when W/L exceeds 1.0. For circular tanks with lateral exhaust along up to \1/2\ the
  circumference, use W/L = 1.0; for over one-half the circumference use W/L = 0.5.
\2\ Baffle is a vertical plate the same length as the tank, and with the top of the plate as high as the tank is
  wide. If the exhaust hood is on the side of a tank against a building wall or close to it, it is perfectly
  baffled.
\3\ Use W/2 as tank width in computing when manifold is along centerline, or when hoods are used on two parallel
  sides of a tank.
Tank Width (W) means the effective width over which the hood must pull air to operate (for example, where the
  hood face is set back from the edge of the tank, this set back must be added in measuring tank width). The
  surface area of tanks can frequently be reduced and better control obtained (particularly on conveyorized
  systems) by using covers extending from the upper edges of the slots toward the center of the tank.


[[Page 72]]

    (3) The vertical height of the receiving exhaust hood, including any 
baffle, shall not be less than one-quarter the width of the tank.
    (4) The supply airstream shall not be allowed to impinge on 
obstructions between it and the exhaust slot in such a manner as to 
significantly interfere with the performance of the exhaust hood.
    (5) Since most failure of push-pull systems result from excessive 
supply air volumes and pressures, methods of measuring and adjusting the 
supply air shall be provided. When satisfactory control has been 
achieved, the adjustable features of the hood shall be fixed so that 
they will not be altered.
    (iv) All tanks exhausted by means of hoods which project over the 
entire tank, and which do not conform to the definition of enclosing 
hoods, shall be considered to be overhead canopy hoods. The quantity of 
air in cubic feet per minute necessary to be exhausted through a canopy 
hood shall be not less than the product of the control velocity times 
the net area of all openings between the bottom edges of the hood and 
the top edges of the tank.
    (v) The rate of vapor evolution (including steam or products of 
combustion) from the process shall be estimated. If the rate of vapor 
evolution is equal to or greater than 10 percent of the calculated 
exhaust volume required, the exhaust volume shall be increased in equal 
amount.
    (5) Spray cleaning and degreasing. Wherever spraying or other 
mechanical means are used to disperse a liquid above an open-surface 
tank, control must be provided for the airborne spray. Such operations 
shall be enclosed as completely as possible. The inward air velocity 
into the enclosure shall be sufficient to prevent the discharge of spray 
into the workroom. Mechanical baffles may be used to help prevent the 
discharge of spray. Spray painting operations are covered by paragraph 
(h) of this section.
    (6) Control means other than ventilation. Tank covers, foams, beads, 
chips, or other materials floating on the tank surface so as to confine 
gases, mists, or vapors to the area under the cover or to the foam, 
bead, or chip layer; or surface tension depressive agents added to the 
liquid in the tank to minimize mist formation, or any combination 
thereof, may all be used as gas, mist, or vapor control means for open-
surface tank operations, provided that they effectively reduce the 
concentrations of hazardous materials in the vicinity of the worker 
below the limits set in accordance with paragraph (i)(2) of this 
section.
    (7) System design. (i) The equipment for exhausting air shall have 
sufficient capacity to produce the flow of air required in each of the 
hoods and openings of the system.
    (ii) The capacity required in paragraph (i)(7)(i) of this section 
shall be obtained when the airflow producing equipment is operating 
against the following pressure losses, the sum of which is the static 
pressure:
    (A) Entrance losses into the hood.
    (B) Resistance to airflow in branch pipe including bends and 
transformations.
    (C) Entrance loss into the main pipe.
    (D) Resistance to airflow in main pipe including bends and 
transformations.
    (E) Resistance of mechanical equipment; that is, filters, washers, 
condensers, absorbers, etc., plus their entrance and exit losses.
    (F) Resistance in outlet duct and discharge stack.
    (iii) Two or more operations shall not be connected to the same 
exhaust system where either one or the combination of the substances 
removed may constitute a fire, explosion, or chemical reaction hazard in 
the duct system. Traps or other devices shall be provided to insure that 
condensate in ducts does not drain back into any tank.
    (iv) The exhaust system, consisting of hoods, ducts, air mover, and 
discharge outlet, shall be designed in accordance with American National 
Standard Fundamentals Governing the Design and Operation of Local 
Exhaust Systems, Z9.2-1960, or the manual, Industrial Ventilation, 
published by the American Conference of Governmental Industrial 
Hygienists 1970. Airflow and pressure loss data provided by the 
manufacturer of any air cleaning device shall be included in the design 
calculations.

[[Page 73]]

    (8) Operation. (i) The required airflow shall be maintained at all 
times during which gas, mist, or vapor is emitted from the tank, and at 
all times the tank, the draining, or the drying area is in operation or 
use. When the system is first installed, the airflow from each hood 
shall be measured by means of a pitot traverse in the exhaust duct and 
corrective action taken if the flow is less than that required. When the 
proper flow is obtained, the hood static pressure shall be measured and 
recorded. At intervals of not more than 3 months operation, or after a 
prolonged shutdown period, the hoods and duct system shall be inspected 
for evidence of corrosion or damage. In any case where the airflow is 
found to be less than required, it shall be increased to the required 
value. (Information on airflow and static pressure measurement and 
calculations may be found in American National Standard Fundamental 
Governing the Design and Operation of Local Exhaust Systems, Z9.2-1960, 
or in the manual, Industrial Ventilation, published by the American 
Conference of Governmental Industrial Hygienists.)
    (ii) The exhaust system shall discharge to the outer air in such a 
manner that the possibility of its effluent entering any building is at 
a minimum. Recirculation shall only be through a device for contaminant 
removal which will prevent the creation of a health hazard in the room 
or area to which the air is recirculated.
    (iii) A volume of outside air in the range of 90 percent to 110 
percent of the exhaust volume shall be provided to each room having 
exhaust hoods. The outside air supply shall enter the workroom in such a 
manner as not to be detrimental to any exhaust hood. The airflow of the 
makeup air system shall be measured on installation. Corrective action 
shall be taken when the airflow is below that required. The makeup air 
shall be uncontaminated.
    (9) Personal protection. (i) All employees working in and around 
open-surface tank operations must be instructed as to the hazards of 
their respective jobs, and in the personal protection and first aid 
procedures applicable to these hazards.
    (ii) All persons required to work in such a manner that their feet 
may become wet shall be provided with rubber or other impervious boots 
or shoes, rubbers, or wooden-soled shoes sufficient to keep feet dry.
    (iii) All persons required to handle work wet with a liquid other 
than water shall be provided with gloves impervious to such a liquid and 
of a length sufficient to prevent entrance of liquid into the tops of 
the gloves. The interior of gloves shall be kept free from corrosive or 
irritating contaminants.
    (iv) All persons required to work in such a manner that their 
clothing may become wet shall be provided with such aprons, coats, 
jackets, sleeves, or other garments made of rubber, or of other 
materials impervious to liquids other than water, as are required to 
keep their clothing dry. Aprons shall extend well below the top of boots 
to prevent liquid splashing into the boots. Provision of dry, clean, 
cotton clothing along with rubber shoes or short boots and an apron 
impervious to liquids other than water shall be considered a 
satisfactory substitute where small parts are cleaned, plated, or acid 
dipped in open tanks and rapid work is required.
    (v) Whenever there is a danger of splashing, for example, when 
additions are made manually to the tanks, or when acids and chemicals 
are removed from the tanks, the employees so engaged shall be required 
to wear either tight-fitting chemical goggles or an effective face 
shield. See Sec.  1926.102.
    (vi) When, during the emergencies specified in paragraph (i)(11)(v) 
of this section, employees must be in areas where concentrations of air 
contaminants are greater than the limits set by paragraph (i)(2)(iii) of 
this section or oxygen concentrations are less than 19.5 percent, they 
must use respirators that reduce their exposure to a level below these 
limits or that provide adequate oxygen. Such respirators must also be 
provided in marked, quickly-accessible storage compartments built for 
this purpose when the possibility exists of accidental release of 
hazardous concentrations of air contaminants. Respirators must be 
approved by NIOSH under 42 CFR part 84, selected

[[Page 74]]

by a competent industrial hygienist or other technically-qualified 
source, and used in accordance with 29 CFR 1926.103.
    (vii) Near each tank containing a liquid which may burn, irritate, 
or otherwise be harmful to the skin if splashed upon the worker's body, 
there shall be a supply of clean cold water. The water pipe (carrying a 
pressure not exceeding 25 pounds (11.325 kg)) shall be provided with a 
quick opening valve and at least 48 inches (1.216 m) of hose not smaller 
than three-fourths inch, so that no time may be lost in washing off 
liquids from the skin or clothing. Alternatively, deluge showers and eye 
flushes shall be provided in cases where harmful chemicals may be 
splashed on parts of the body.
    (viii) Operators with sores, burns, or other skin lesions requiring 
medical treatment shall not be allowed to work at their regular 
operations until so authorized by a physician. Any small skin abrasions, 
cuts, rash, or open sores which are found or reported shall be treated 
by a properly designated person so that chances of exposures to the 
chemicals are removed. Workers exposed to chromic acids shall have a 
periodic examination made of the nostrils and other parts of the body, 
to detect incipient ulceration.
    (ix) Sufficient washing facilities, including soap, individual 
towels, and hot water, shall be provided for all persons required to use 
or handle any liquids which may burn, irritate, or otherwise be harmful 
to the skin, on the basis of at least one basin (or its equivalent) with 
a hot water faucet for every 10 employees. See Sec.  1926.51(f).
    (x) Locker space or equivalent clothing storage facilities shall be 
provided to prevent contamination of street clothing.
    (xi) First aid facilities specific to the hazards of the operations 
conducted shall be readily available.
    (10) Special precautions for cyanide. Dikes or other arrangements 
shall be provided to prevent the possibility of intermixing of cyanide 
and acid in the event of tank rupture.
    (11) Inspection, maintenance, and installation. (i) Floors and 
platforms around tanks shall be prevented from becoming slippery both by 
original type of construction and by frequent flushing. They shall be 
firm, sound, and of the design and construction to minimize the 
possibility of tripping.
    (ii) Before cleaning the interior of any tank, the contents shall be 
drained off, and the cleanout doors shall be opened where provided. All 
pockets in tanks or pits, where it is possible for hazardous vapors to 
collect, shall be ventilated and cleared of such vapors.
    (iii) Tanks which have been drained to permit employees to enter for 
the purposes of cleaning, inspection, or maintenance may contain 
atmospheres which are hazardous to life or health, through the presence 
of flammable or toxic air contaminants, or through the absence of 
sufficient oxygen. Before employees shall be permitted to enter any such 
tank, appropriate tests of the atmosphere shall be made to determine if 
the limits set by paragraph (i)(2)(iii) of this section are exceeded, or 
if the oxygen concentration is less than 19.5 percent.
    (iv) If the tests made in accordance with paragraph (i)(11)(iii) of 
this section indicate that the atmosphere in the tank is unsafe, before 
any employee is permitted to enter the tank, the tank shall be 
ventilated until the hazardous atmosphere is removed, and ventilation 
shall be continued so as to prevent the occurrence of a hazardous 
atmosphere as long as an employee is in the tank.
    (v) If, in emergencies, such as rescue work, it is necessary to 
enter a tank which may contain a hazardous atmosphere, suitable 
respirators, such as self-contained breathing apparatus; hose mask with 
blower, if there is a possibility of oxygen deficiency; or a gas mask, 
selected and operated in accordance with paragraph (i)(9)(vi) of this 
section, shall be used. If a contaminant in the tank can cause 
dermatitis, or be absorbed through the skin, the employee entering the 
tank shall also wear protective clothing. At least one trained standby 
employee, with suitable respirator, shall be present in the nearest 
uncontaminated area. The standby employee must be able to communicate 
with the employee in the tank and be able to haul him out of the tank 
with a lifeline if necessary.

[[Page 75]]

    (vi) Maintenance work requiring welding or open flame, where toxic 
metal fumes such as cadmium, chromium, or lead may be evolved, shall be 
done only with sufficient local exhaust ventilation to prevent the 
creation of a health hazard, or be done with respirators selected and 
used in accordance with paragraph (i)(9)(vi) of this section. Welding, 
or the use of open flames near any solvent cleaning equipment shall be 
permitted only after such equipment has first been thoroughly cleared of 
solvents and vapors.
    (12) Vapor degreasing tanks. (i) In any vapor degreasing tank 
equipped with a condenser or vapor level thermostat, the condenser or 
thermostat shall keep the level of vapors below the top edge of the tank 
by a distance at least equal to one-half the tank width, or at least 36 
inches (0.912 m), whichever is shorter.
    (ii) Where gas is used as a fuel for heating vapor degreasing tanks, 
the combustion chamber shall be of tight construction, except for such 
openings as the exhaust flue, and those that are necessary for supplying 
air for combustion. Flues shall be of corrosion-resistant construction 
and shall extend to the outer air. If mechanical exhaust is used on this 
flue, a draft diverter shall be used. Special precautions must be taken 
to prevent solvent fumes from entering the combustion air of this or any 
other heater when chlorinated or fluorinated hydrocarbon solvents (for 
example, trichloroethylene, Freon) are used.
    (iii) Heating elements shall be so designed and maintained that 
their surface temperature will not cause the solvent or mixture to 
decompose, break down, or be converted into an excessive quantity of 
vapor.
    (iv) Tanks or machines of more than 4 square feet (0.368 m\2\) of 
vapor area, used for solvent cleaning or vapor degreasing, shall be 
equipped with suitable cleanout or sludge doors located near the bottom 
of each tank or still. These doors shall be so designed and gasketed 
that there will be no leakage of solvent when they are closed.
    (13) Scope. (i) This paragraph (i) applies to all operations 
involving the immersion of materials in liquids, or in the vapors of 
such liquids, for the purpose of cleaning or altering their surfaces, or 
adding or imparting a finish thereto, or changing the character of the 
materials, and their subsequent removal from the liquids or vapors, 
draining, and drying. Such operations include washing, electroplating, 
anodizing, pickling, quenching, dyeing, dipping, tanning, dressing, 
bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting, 
and other similar operations, but do not include molten materials 
handling operations, or surface coating operations.
    (ii) Molten materials handling operations means all operations, 
other than welding, burning, and soldering operations, involving the 
use, melting, smelting, or pouring of metals, alloys, salts, or other 
similar substances in the molten state. Such operations also include 
heat treating baths, descaling baths, die casting stereotyping, 
galvanizing, tinning, and similar operations.
    (iii) Surface coating operations means all operations involving the 
application of protective, decorative, adhesive, or strengthening 
coating or impregnation to one or more surfaces, or into the interstices 
of any object or material, by means of spraying, spreading, flowing, 
brushing, roll coating, pouring, cementing, or similar means; and any 
subsequent draining or drying operations, excluding open-tank 
operations.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35099, June 30, 1993; 61 FR 9250, Mar. 3, 1996; 63 FR 1295, Jan. 8, 
1998]



Sec.  1926.58  COVID-19.

    The requirements applicable to construction work under this section 
are identical to those set forth at 29 CFR 1910.501 subpart U.

[86 FR 61555, Nov. 5, 2021]



Sec.  1926.59  Hazard communication.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.1200 of this 
chapter.

[61 FR 31431, June 20, 1996]

[[Page 76]]



Sec.  1926.60  Methylenedianiline.

    (a) Scope and application. (1) This section applies to all 
construction work as defined in 29 CFR 1910.12(b), in which there is 
exposure to MDA, including but not limited to the following:
    (i) Construction, alteration, repair, maintenance, or renovation of 
structures, substrates, or portions thereof, that contain MDA;
    (ii) Installation or the finishing of surfaces with products 
containing MDA;
    (iii) MDA spill/emergency cleanup at construction sites; and
    (iv) Transportation, disposal, storage, or containment of MDA or 
products containing MDA on the site or location at which construction 
activities are performed.
    (2) Except as provided in paragraphs (a)(7) and (f)(5) of this 
section, this section does not apply to the processing, use, and 
handling of products containing MDA where initial monitoring indicates 
that the product is not capable of releasing MDA in excess of the action 
level under the expected conditions of processing, use, and handling 
which will cause the greatest possible release; and where no ``dermal 
exposure to MDA'' can occur.
    (3) Except as provided in paragraph (a)(7) of this section, this 
section does not apply to the processing, use, and handling of products 
containing MDA where objective data are reasonably relied upon which 
demonstrate the product is not capable of releasing MDA under the 
expected conditions of processing, use, and handling which will cause 
the greatest possible release; and where no ``dermal exposure to MDA'' 
can occur.
    (4) Except as provided in paragraph (a)(7) of this section, this 
section does not apply to the storage, transportation, distribution or 
sale of MDA in intact containers sealed in such a manner as to contain 
the MDA dusts, vapors, or liquids, except for the provisions of 29 CFR 
1910.1200 and paragraph (e) of this section.
    (5) Except as provided in paragraph (a)(7) of this section, this 
section does not apply to materials in any form which contain less than 
0.1% MDA by weight or volume.
    (6) Except as provided in paragraph (a)(7) of this section, this 
section does not apply to ``finished articles containing MDA.''
    (7) Where products containing MDA are exempted under paragraphs 
(a)(2) through (a)(6) of this section, the employer shall maintain 
records of the initial monitoring results or objective data supporting 
that exemption and the basis for the employer's reliance on the data, as 
provided in the recordkeeping provision of paragraph (o) of this 
section.
    (b) Definitions. For the purpose of this section, the following 
definitions shall apply:
    Action level means a concentration of airborne MDA of 5 ppb as an 
eight (8)-hour time-weighted average.
    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 specifically authorized by the 
employer whose duties require the person to enter a regulated area, or 
any person entering such an area as a designated representative of 
employees for the purpose of exercising the right to observe monitoring 
and measuring procedures under paragraph (p) of this section, or any 
other person authorized by the Act or regulations issued under the Act.
    Container means any barrel, bottle, can, cylinder, drum, reaction 
vessel, storage tank, commercial packaging or the like, but does not 
include piping systems.
    Decontamination area means an area outside of but as near as 
practical to the regulated area, consisting of an equipment storage 
area, wash area, and clean change area, which is used for the 
decontamination of workers, materials, and equipment contaminated with 
MDA.
    Dermal exposure to MDA occurs where employees are engaged in the 
handling, application or use of mixtures or materials containing MDA, 
with any of the following non-airborne forms of MDA:
    (i) Liquid, powdered, granular, or flaked mixtures containing MDA in 
concentrations greater than 0.1% by weight or volume; and

[[Page 77]]

    (ii) Materials other than ``finished articles'' containing MDA in 
concentrations greater than 0.1% by weight or volume.
    Director means the Director of the National Institute for 
Occupational Safety and Health, U.S. Department of Health and Human 
Services, or designee.
    Emergency means any occurrence such as, but not limited to, 
equipment failure, rupture of containers, or failure of control 
equipment which results in an unexpected and potentially hazardous 
release of MDA.
    Employee exposure means exposure to MDA which would occur if the 
employee were not using respirators or protective work clothing and 
equipment.
    Finished article containing MDA is defined as a manufactured item:
    (i) Which is formed to a specific shape or design during 
manufacture;
    (ii) Which has end use function(s) dependent in whole or part upon 
its shape or design during end use; and
    (iii) Where applicable, is an item which is fully cured by virtue of 
having been subjected to the conditions (temperature, time) necessary to 
complete the desired chemical reaction.
    Historical monitoring data means monitoring data for construction 
jobs that meet the following conditions:
    (i) The data upon which judgments are based are scientifically sound 
and were collected using methods that are sufficiently accurate and 
precise;
    (ii) 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 initial monitoring will not be 
performed;
    (iii) The characteristics of the MDA-containing material being 
handled when the historical monitoring data were obtained are the same 
as those on the job for which initial monitoring will not be performed;
    (iv) Environmental conditions prevailing when the historical 
monitoring data were obtained are the same as those on the job for which 
initial monitoring will not be performed; and
    (v) Other data relevant to the operations, materials, processing, or 
employee exposures covered by the exception are substantially similar. 
The data must be scientifically sound, the characteristics of the MDA 
containing material must be similar and the environmental conditions 
comparable.
    4,4'Methylenedianiline or MDA means the chemical; 4,4'-
diaminodiphenylmethane, Chemical Abstract Service Registry number 101-
77-9, in the form of a vapor, liquid, or solid. The definition also 
includes the salts of MDA.
    Regulated Areas means areas where airborne concentrations of MDA 
exceed or can reasonably be expected to exceed, the permissible exposure 
limits, or where ``dermal exposure to MDA'' can occur.
    STEL means short term exposure limit as determined by any 15-minute 
sample period.
    (c) Permissible exposure limits. The employer shall assure that no 
employee is exposed to an airborne concentration of MDA in excess of ten 
parts per billion (10 ppb) as an 8-hour time-weighted average and a STEL 
of one hundred parts per billion (100 ppb).
    (d) Communication among employers. On multi-employer worksites, an 
employer performing work involving the application of MDA or materials 
containing MDA for which establishment of one or more regulated areas is 
required shall inform other employers on the site of the nature of the 
employer's work with MDA and of the existence of, and requirements 
pertaining to, regulated areas.
    (e) Emergency situations--(1) Written plan. (i) A written plan for 
emergency situations shall be developed for each construction operation 
where there is a possibility of an emergency. The plan shall include 
procedures where the employer identifies emergency escape routes for his 
employees at each construction site before the construction operation 
begins. Appropriate portions of the plan shall be implemented in the 
event of an emergency.
    (ii) The plan shall specifically provide that employees engaged in 
correcting emergency conditions shall be equipped with the appropriate 
personal protective equipment and clothing as required in paragraphs (i) 
and (j) of this section until the emergency is abated.

[[Page 78]]

    (iii) The plan shall specifically include provisions for alerting 
and evacuating affected employees as well as the applicable elements 
prescribed in 29 CFR 1910.38 and 29 CFR 1910.39, ``Emergency action 
plans'' and ``Fire prevention plans,'' respectively.
    (2) Alerting employees. Where there is the possibility of employee 
exposure to MDA due to an emergency, means shall be developed to 
promptly alert employees who have the potential to be directly exposed. 
Affected employees not engaged in correcting emergency conditions shall 
be evacuated immediately in the event that an emergency occurs. Means 
shall also be developed for alerting other employees who may be exposed 
as a result of the emergency.
    (f) Exposure monitoring--(1) General. (i) Determinations of employee 
exposure shall be made from breathing zone air samples that are 
representative of each employee's exposure to airborne MDA over an eight 
(8) hour period. Determination of employee exposure to the STEL shall be 
made from breathing zone air samples collected over a 15 minute sampling 
period.
    (ii) Representative employee exposure shall be determined on the 
basis of one or more samples representing full shift exposure for each 
shift for each job classification in each work area where exposure to 
MDA may occur.
    (iii) Where the employer can document that exposure levels are 
equivalent for similar operations in different work shifts, the employer 
shall only be required to determine representative employee exposure for 
that operation during one shift.
    (2) Initial monitoring. Each employer who has a workplace or work 
operation covered by this standard shall perform initial monitoring to 
determine accurately the airborne concentrations of MDA to which 
employees may be exposed unless:
    (i) The employer can demonstrate, on the basis of objective data, 
that the MDA-containing product or material being handled cannot cause 
exposures above the standard's action level, even under worst-case 
release conditions; or
    (ii) The employer has historical monitoring or other data 
demonstrating that exposures on a particular job will be below the 
action level.
    (3) Periodic monitoring and monitoring frequency. (i) If the 
monitoring required by paragraph (f)(2) of this section reveals employee 
exposure at or above the action level, but at or below the PELs, the 
employer shall repeat such monitoring for each such employee at least 
every six (6) months.
    (ii) If the monitoring required by paragraph (f)(2) of this section 
reveals employee exposure above the PELs, the employer shall repeat such 
monitoring for each such employee at least every three (3) months.
    (iii) Employers who are conducting MDA operations within a regulated 
area can forego periodic monitoring if the employees are all wearing 
supplied-air respirators while working in the regulated area.
    (iv) The employer may alter the monitoring schedule from every three 
months to every six months for any employee for whom two consecutive 
measurements taken at least 7 days apart indicate that the employee 
exposure has decreased to below the PELs but above the action level.
    (4) Termination of monitoring. (i) If the initial monitoring 
required by paragraph (f)(2) of this section reveals employee exposure 
to be below the action level, the employer may discontinue the 
monitoring for that employee, except as otherwise required by paragraph 
(f)(5) of this section.
    (ii) If the periodic monitoring required by paragraph (f)(3) of this 
section reveals that employee exposures, as indicated by at least two 
consecutive measurements taken at least 7 days apart, are below the 
action level the employer may discontinue the monitoring for that 
employee, except as otherwise required by paragraph (f)(5) of this 
section.
    (5) Additional monitoring. The employer shall institute the exposure 
monitoring required under paragraphs (f)(2) and (f)(3) of this section 
when there has been a change in production process, chemicals present, 
control equipment, personnel, or work practices which may result in new 
or additional exposures to MDA, or when the employer has any reason to 
suspect a change which may result in new or additional exposures.

[[Page 79]]

    (6) Accuracy of monitoring. Monitoring shall be accurate, to a 
confidence level of 95 percent, to within plus or minus 25 percent for 
airborne concentrations of MDA.
    (7) Employee notification of monitoring results. (i) The employer 
must, as soon as possible but no later than 5 working 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.
    (ii) The written notification required by paragraph (f)(7)(i) of 
this section shall contain the corrective action being taken by the 
employer or any other protective measures which have been implemented to 
reduce the employee exposure to or below the PELs, wherever the PELs are 
exceeded.
    (8) Visual monitoring. The employer shall make routine inspections 
of employee hands, face and forearms potentially exposed to MDA. Other 
potential dermal exposures reported by the employee must be referred to 
the appropriate medical personnel for observation. If the employer 
determines that the employee has been exposed to MDA the employer shall:
    (i) Determine the source of exposure;
    (ii) Implement protective measures to correct the hazard; and
    (iii) Maintain records of the corrective actions in accordance with 
paragraph (o) of this section.
    (g) Regulated areas--(1) Establishment--(i) Airborne exposures. The 
employer shall establish regulated areas where airborne concentrations 
of MDA exceed or can reasonably be expected to exceed, the permissible 
exposure limits.
    (ii) Dermal exposures. Where employees are subject to ``dermal 
exposure to MDA'' the employer shall establish those work areas as 
regulated areas.
    (2) Demarcation. Regulated areas shall be demarcated from the rest 
of the workplace in a manner that minimizes the number of persons 
potentially exposed.
    (3) Access. Access to regulated areas shall be limited to authorized 
persons.
    (4) Personal protective equipment and clothing. Each person entering 
a regulated area shall be supplied with, and required to use, the 
appropriate personal protective clothing and equipment in accordance 
with paragraphs (i) and (j) 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 
regulated areas.
    (h) Methods of compliance--(1) Engineering controls and work 
practices and respirators. (i) The employer shall use one or any 
combination of the following control methods to achieve compliance with 
the permissible exposure limits prescribed by paragraph (c) of this 
section:
    (A) Local exhaust ventilation equipped with HEPA filter dust 
collection systems;
    (B) General ventilation systems;
    (C) Use of workpractices; or
    (D) Other engineering controls such as isolation and enclosure that 
the Assistant Secretary can show to be feasible.
    (ii) Wherever the feasible engineering controls and work practices 
``which can be instituted are not sufficient to reduce employee exposure 
to or below the PELs, the employer shall use them to reduce employee 
exposure to the lowest levels achievable by these controls and shall 
supplement them by the use of respiratory protective devices which 
comply with the requirements of paragraph (i) of this section.
    (2) Special Provisions. For workers engaged in spray application 
methods, respiratory protection must be used in addition to feasible 
engineering controls and work practices to reduce employee exposure to 
or below the PELs.
    (3) Prohibitions. Compressed air shall not be used to remove MDA, 
unless the compressed air is used in conjunction with an enclosed 
ventilation system designed to capture the dust cloud created by the 
compressed air.
    (4) Employee rotation. The employer shall not use employee rotation 
as a means of compliance with the exposure limits prescribed in 
paragraph (c) of this section.
    (5) Compliance program. (i) The employer shall establish and 
implement a written program to reduce employee exposure to or below the 
PELs by

[[Page 80]]

means of engineering and work practice controls, as required by 
paragraph (h)(1) of this section, and by use of respiratory protection 
where permitted under this section.
    (ii) Upon request this written program shall be furnished for 
examination and copying to the Assistant Secretary, the Director, 
affected employees and designated employee representatives. The employer 
shall review and, as necessary, update such plans at least once every 12 
months to make certain they reflect the current status of the program.
    (i) 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 during:
    (i) Periods necessary to install or implement feasible engineering 
and work-practice controls.
    (ii) Work operations, such as maintenance and repair activities and 
spray-application processes, for which engineering and work-practice 
controls are not feasible.
    (iii) Work operations for which feasible engineering and work-
practice controls are not yet sufficient to reduce employee exposure to 
or below the PELs.
    (iv) Emergencies.
    (2) Respirator program. The employer must implement a respiratory 
protection program in accordance with Sec.  1910.134 (b) through (d) 
(except (d)(1)(iii)), and (f) through (m), which covers each employee 
required by this section to use a respirator.
    (3) Respirator selection. (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators 
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide HEPA filters for powered and non-powered air-purifying 
respirators.
    (C) For escape, provide employees with one of the following 
respirator options: Any self-contained breathing apparatus with a full 
facepiece or hood operated in the positive-pressure or continuous-flow 
mode; or a full facepiece air-purifying respirator.
    (D) Provide a combination HEPA filter and organic vapor canister or 
cartridge with air-purifying respirators when MDA is in liquid form or 
used as part of a process requiring heat.
    (ii) An employee who cannot use a negative-pressure respirator must 
be given the option of using a positive-pressure respirator, or a 
supplied-air respirator operated in the continuous-flow or pressure-
demand mode.
    (j) Protective work clothing and equipment--(1) Provision and use. 
Where employees are subject to dermal exposure to MDA, where liquids 
containing MDA can be splashed into the eyes, or where airborne 
concentrations of MDA are in excess of the PEL, the employer shall 
provide, at no cost to the employee, and ensure that the employee uses, 
appropriate protective work clothing and equipment which prevent contact 
with MDA such as, but not limited to:
    (i) Aprons, coveralls or other full-body work clothing;
    (ii) Gloves, head coverings, and foot coverings; and
    (iii) Face shields, chemical goggles; or
    (iv) Other appropriate protective equipment which comply with 29 CFR 
1910.133.
    (2) Removal and storage. (i) The employer shall ensure that, at the 
end of their work shift, employees remove MDA-contaminated protective 
work clothing and equipment that is not routinely removed throughout the 
day in change areas provided in accordance with the provisions in 
paragraph (k) of this section.
    (ii) The employer shall ensure that, during their work shift, 
employees remove all other MDA-contaminated protective work clothing or 
equipment before leaving a regulated area.
    (iii) The employer shall ensure that no employee takes MDA-
contaminated work clothing or equipment out of the decontamination 
areas, except those employees authorized to do so for the purpose of 
laundering, maintenance, or disposal.
    (iv) MDA-contaminated work clothing or equipment shall be placed and 
stored and transported in sealed, impermeable bags, or other closed 
impermeable containers.

[[Page 81]]

    (v) Containers of MDA-contaminated protective work clothing or 
equipment which are to be taken out of decontamination areas or the 
workplace for cleaning, maintenance, or disposal, shall bear labels 
warning of the hazards of MDA.
    (3) Cleaning and replacement. (i) The employer shall provide the 
employee with clean protective clothing and equipment. The employer 
shall ensure that protective work clothing or equipment required by this 
paragraph is cleaned, laundered, repaired, or replaced at intervals 
appropriate to maintain its effectiveness.
    (ii) The employer shall prohibit the removal of MDA from protective 
work clothing or equipment by blowing, shaking, or any methods which 
allow MDA to re-enter the workplace.
    (iii) The employer shall ensure that laundering of MDA-contaminated 
clothing shall be done so as to prevent the release of MDA in the 
workplace.
    (iv) Any employer who gives MDA-contaminated clothing to another 
person for laundering shall inform such person of the requirement to 
prevent the release of MDA.
    (v) The employer shall inform any person who launders or cleans 
protective clothing or equipment contaminated with MDA of the 
potentially harmful effects of exposure.
    (4) Visual Examination. (i) The employer shall ensure that 
employees' work clothing is examined periodically for rips or tears that 
may occur during performance of work.
    (ii) When rips or tears are detected, the protective equipment or 
clothing shall be repaired and replaced immediately.
    (k) Hygiene facilities and practices--(1) General. (i) The employer 
shall provide decontamination areas for employees required to work in 
regulated areas or required by paragraph (j)(1) of this section to wear 
protective clothing. Exception: In lieu of the decontamination area 
requirement specified in paragraph (k)(1)(i) of this section, the 
employer may permit employees engaged in small scale, short duration 
operations, to clean their protective clothing or dispose of the 
protective clothing before such employees leave the area where the work 
was performed.
    (ii) Change areas. The employer shall ensure that change areas are 
equipped with separate storage facilities for protective clothing and 
street clothing, in accordance with 29 CFR 1910.141(e).
    (iii) Equipment area. The equipment area shall be supplied with 
impermeable, labeled bags and containers for the containment and 
disposal of contaminated protective clothing and equipment.
    (2) Shower area. (i) Where feasible, shower facilities shall be 
provided which comply with 29 CFR 1910.141(d)(3) wherever the 
possibility of employee exposure to airborne levels of MDA in excess of 
the permissible exposure limit exists.
    (ii) Where dermal exposure to MDA occurs, the employer shall ensure 
that materials spilled or deposited on the skin are removed as soon as 
possible by methods which do not facilitate the dermal absorption of 
MDA.
    (3) Lunch Areas. (i) Whenever food or beverages are consumed at the 
worksite and employees are exposed to MDA the employer shall provide 
clean lunch areas were MDA levels are below the action level and where 
no dermal exposure to MDA can occur.
    (ii) The employer shall ensure that employees wash their hands and 
faces with soap and water prior to eating, drinking, smoking, or 
applying cosmetics.
    (iii) The employer shall ensure that employees do not enter lunch 
facilities with contaminated protective work clothing or equipment.
    (l) Communication of hazards to employees--(1) Hazard communication. 
The employer shall include Methylenedianiline (MDA) 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 MDA and safety data sheets, and is 
trained in accordance with the provisions of HCS and paragraph (l)(3) of 
this section. The employer shall ensure that at least the following 
hazards are addressed: Cancer; liver effects; and skin sensitization.
    (2) Signs and labels--(i) Signs. (A) The employer shall post and 
maintain legible signs demarcating regulated areas

[[Page 82]]

and entrances or access-ways to regulated areas that bear the following 
legend:

DANGER
MDA
MAY CAUSE CANCER
CAUSES DAMAGE TO THE LIVER
RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING MAY BE REQUIRED IN THIS 
AREA
AUTHORIZED PERSONNEL ONLY

    (B) Prior to June 1, 2016, employers may use the following legend in 
lieu of that specified in paragraph (l)(2)(i)(A) of this section:

DANGER
MDA
MAY CAUSE CANCER
LIVER TOXIN
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED TO BE WORN IN THIS 
AREA

    (ii) Labels. (A) The employer shall ensure that labels or other 
appropriate forms of warning are provided for containers of MDA within 
the workplace. The labels shall comply with the requirements of Sec.  
1910.1200(f) and shall include at least the following information for 
pure MDA and mixtures containing MDA:

DANGER
CONTAINS MDA
MAY CAUSE CANCER
CAUSES DAMAGE TO THE LIVER

    (B) Prior to June 1, 2015, employers may include the following 
information workplace labels in lieu of the labeling requirements in 
paragraph (l)(2)(ii)(A) of this section:
    (1) For Pure MDA:

DANGER
CONTAINS MDA
MAY CAUSE CANCER
LIVER TOXIN

    (2) For mixtures containing MDA:

DANGER
CONTAINS MDA
CONTAINS MATERIALS WHICH MAY CAUSE CANCER
LIVER TOXIN

    (3) Information and training. (i) The employer shall provide 
employees with information and training on MDA, in accordance with 29 
CFR 1910.1200(h), at the time of initial assignment and at least 
annually thereafter.
    (ii) In addition to the information required under 29 CFR 1910.1200, 
the employer shall:
    (A) Provide an explanation of the contents of this section, 
including appendices A and B of this section, and indicate to employees 
where a copy of the standard is available;
    (B) Describe the medical surveillance program required under 
paragraph (n) of this section, and explain the information contained in 
appendix C of this section; and
    (C) Describe the medical removal provision required under paragraph 
(n) of this section.
    (4) Access to training materials. (i) The employer shall make 
readily available to all affected employees, without cost, all 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.
    (m) Housekeeping. (1) All surfaces shall be maintained as free as 
practicable of visible accumulations of MDA.
    (2) The employer shall institute a program for detecting MDA leaks, 
spills, and discharges, including regular visual inspections of 
operations involving liquid or solid MDA.
    (3) All leaks shall be repaired and liquid or dust spills cleaned up 
promptly.
    (4) Surfaces contaminated with MDA may not be cleaned by the use of 
compressed air.
    (5) Shoveling, dry sweeping, and other methods of dry clean-up of 
MDA may be used where HEPA filtered vacuuming and/or wet cleaning are 
not feasible or practical.
    (6) Waste, scrap, debris, bags, containers, equipment, and clothing 
contaminated with MDA shall be collected and disposed of in a manner to 
prevent the re-entry of MDA into the workplace.
    (n) Medical surveillance--(1) General. (i) The employer shall make 
available a medical surveillance program for employees exposed to MDA 
under the following circumstances:

[[Page 83]]

    (A) Employees exposed at or above the action level for 30 or more 
days per year;
    (B) Employees who are subject to dermal exposure to MDA for 15 or 
more days per year;
    (C) Employees who have been exposed in an emergency situation;
    (D) Employees whom the employer, based on results from compliance 
with paragraph (f)(8) of this section, has reason to believe are being 
dermally exposed; and
    (E) Employees who show signs or symptoms of MDA exposure.
    (ii) The employer shall ensure that all medical examinations and 
procedures are performed by or under the supervision of a licensed 
physician at a reasonable time and place, and provided without cost to 
the employee.
    (2) Initial examinations. (i) Within 150 days of the effective date 
of this standard, or before the time of initial assignment, the employer 
shall provide each employee covered by paragraph (n)(1)(i) of this 
section with a medical examination including the following elements:
    (A) A detailed history which includes:
    (1) Past work exposure to MDA or any other toxic substances;
    (2) A history of drugs, alcohol, tobacco, and medication routinely 
taken (duration and quantity); and
    (3) A history of dermatitis, chemical skin sensitization, or 
previous hepatic disease.
    (B) A physical examination which includes all routine physical 
examination parameters, skin examination, and examination for signs of 
liver disease.
    (C) Laboratory tests including:
    (1) Liver function tests and
    (2) Urinalysis.
    (D) Additional tests as necessary in the opinion of the physician.
    (ii) No initial medical examination is required if adequate records 
show that the employee has been examined in accordance with the 
requirements of this section within the previous six months prior to the 
effective date of this standard or prior to the date of initial 
assignment.
    (3) Periodic examinations. (i) The employer shall provide each 
employee covered by this section with a medical examination at least 
annually following the initial examination. These periodic examinations 
shall include at least the following elements:
    (A) A brief history regarding any new exposure to potential liver 
toxins, changes in drug, tobacco, and alcohol intake, and the appearance 
of physical signs relating to the liver, and the skin;
    (B) The appropriate tests and examinations including liver function 
tests and skin examinations; and
    (C) Appropriate additional tests or examinations as deemed necessary 
by the physician.
    (ii) If in the physician's opinion the results of liver function 
tests indicate an abnormality, the employee shall be removed from 
further MDA exposure in accordance with paragraph (n)(9) of this 
section. Repeat liver function tests shall be conducted on advice of the 
physician.
    (4) Emergency examinations. If the employer determines that the 
employee has been exposed to a potentially hazardous amount of MDA in an 
emergency situation under paragraph (e) of this section, the employer 
shall provide medical examinations in accordance with paragraphs (n)(3) 
(i) and (ii) of this section. If the results of liver function testing 
indicate an abnormality, the employee shall be removed in accordance 
with paragraph (n)(9) of this section. Repeat liver function tests shall 
be conducted on the advice of the physician. If the results of the tests 
are normal, tests must be repeated two to three weeks from the initial 
testing. If the results of the second set of tests are normal and on the 
advice of the physician, no additional testing is required.
    (5) Additional examinations. Where the employee develops signs and 
symptoms associated with exposure to MDA, the employer shall provide the 
employee with an additional medical examination including liver function 
tests. Repeat liver function tests shall be conducted on the advice of 
the physician. If the results of the tests are normal, tests must be 
repeated two to three weeks from the initial testing. If the results of 
the second set of tests are normal and on the advice of the physician, 
no additional testing is required.

[[Page 84]]

    (6) Multiple physician review mechanism. (i) If the employer selects 
the initial physician who conducts any medical examination or 
consultation provided to an employee under this section, and the 
employee has signs or symptoms of occupational exposure to MDA (which 
could include an abnormal liver function test), and the employee 
disagrees with the opinion of the examining physician, and this opinion 
could affect the employee's job status, the employee may designate an 
appropriate and mutually acceptable second physician:
    (A) To review any findings, determinations or recommendations of the 
initial physician; and
    (B) To conduct such examinations, consultations, and laboratory 
tests as the second physician deems necessary to facilitate this review.
    (ii) The employer shall promptly notify an employee of the right to 
seek a second medical opinion after each occasion that an initial 
physician conducts a medical examination or consultation pursuant to 
this section. The employer may condition its participation in, and 
payment for, the multiple physician review mechanism upon the employee 
doing the following within fifteen (15) days after receipt of the 
foregoing notification, or receipt of the initial physician's written 
opinion, whichever is later:
    (A) The employee informing the employer that he or she intends to 
seek a second medical opinion, and
    (B) The employee initiating steps to make an appointment with a 
second physician.
    (iii) If the findings, determinations, or recommendations of the 
second physician differ from those of the initial physician, then the 
employer and the employee shall assure that efforts are made for the two 
physicians to resolve any disagreement.
    (iv) If the two physicians have been unable to quickly resolve their 
disagreement, then the employer and the employee through their 
respective physicians shall designate a third physician:
    (A) To review any findings, determinations, or recommendations of 
the prior physicians; and
    (B) To conduct such examinations, consultations, laboratory tests, 
and discussions with the prior physicians as the third physician deems 
necessary to resolve the disagreement of the prior physicians.
    (v) The employer shall act consistent with the findings, 
determinations, and recommendations of the second physician, unless the 
employer and the employee reach a mutually acceptable agreement.
    (7) Information provided to the examining physician. (i) The 
employer shall provide the following information to the examining 
physician:
    (A) A copy of this regulation and its appendices;
    (B) A description of the affected employee's duties as they relate 
to the employee's potential exposure to MDA;
    (C) The employee's current actual or representative MDA exposure 
level;
    (D) A description of any personal protective equipment used or to be 
used; and
    (E) Information from previous employment related medical 
examinations of the affected employee.
    (ii) The employer shall provide the foregoing information to a 
second physician under this section upon request either by the second 
physician, or by the employee.
    (8) Physician's written opinion. (i) For each examination under this 
section, the employer shall obtain, and provide the employee with a copy 
of, the examining physician's written opinion within 15 days of its 
receipt. The written opinion shall include the following:
    (A) The occupationally pertinent results of the medical examination 
and tests;
    (B) The physician's opinion concerning whether the employee has any 
detected medical conditions which would place the employee at increased 
risk of material impairment of health from exposure to MDA;
    (C) The physician's recommended limitations upon the employee's 
exposure to MDA or upon the employee's use of protective clothing or 
equipment and respirators; and
    (D) A statement that the employee has been informed by the physician 
of the results of the medical examination and any medical conditions 
resulting

[[Page 85]]

from MDA exposure which require further explanation or treatment.
    (ii) The written opinion obtained by the employer shall not reveal 
specific findings or diagnoses unrelated to occupational exposures.
    (9) Medical removal--(i) Temporary medical removal of an employee--
(A) Temporary removal resulting from occupational exposure. The employee 
shall be removed from work environments in which exposure to MDA is at 
or above the action level or where dermal exposure to MDA may occur, 
following an initial examination (paragraph (n)(2) of this section), 
periodic examinations (paragraph (n)(3) of this section), an emergency 
situation (paragraph (n)(4) of this section), or an additional 
examination (paragraph (n)(5) of this section) in the following 
circumstances:
    (1) When the employee exhibits signs and/or symptoms indicative of 
acute exposure to MDA; or
    (2) When the examining physician determines that an employee's 
abnormal liver function tests are not associated with MDA exposure but 
that the abnormalities may be exacerbated as a result of occupational 
exposure to MDA.
    (B) Temporary removal due to a final medical determination. (1) The 
employer shall remove an employee from work having an exposure to MDA at 
or above the action level or where the potential for dermal exposure 
exists on each occasion that a final medical determination results in a 
medical finding, determination, or opinion that the employee has a 
detected medical condition which places the employee at increased risk 
of material impairment to health from exposure to MDA.
    (2) For the purposes of this section, the phrase ``final medical 
determination'' shall mean the outcome of the physician review mechanism 
used pursuant to the medical surveillance provisions of this section.
    (3) Where a final medical determination results in any recommended 
special protective measures for an employee, or limitations on an 
employee's exposure to MDA, the employer shall implement and act 
consistent with the recommendation.
    (ii) Return of the employee to former job status. (A) The employer 
shall return an employee to his or her former job status:
    (1) When the employee no longer shows signs or symptoms of exposure 
to MDA, or upon the advice of the physician.
    (2) When a subsequent final medical determination results in a 
medical finding, determination, or opinion that the employee no longer 
has a detected medical condition which places the employee at increased 
risk of material impairment to health from exposure to MDA.
    (B) For the purposes of this section, the requirement that an 
employer return an employee to his or her former job status is not 
intended to expand upon or restrict any rights an employee has or would 
have had, absent temporary medical removal, to a specific job 
classification or position under the terms of a collective bargaining 
agreement.
    (iii) Removal of other employee special protective measure or 
limitations. The employer shall remove any limitations placed on an 
employee or end any special protective measures provided to an employee 
pursuant to a final medical determination when a subsequent final 
medical determination indicates that the limitations or special 
protective measures are no longer necessary.
    (iv) Employer options pending a final medical determination. Where 
the physician review mechanism used pursuant to the medical surveillance 
provisions of this section, has not yet resulted in a final medical 
determination with respect to an employee, the employer shall act as 
follows:
    (A) Removal. The employer may remove the employee from exposure to 
MDA, provide special protective measures to the employee, or place 
limitations upon the employee, consistent with the medical findings, 
determinations, or recommendations of the physician who has reviewed the 
employee's health status.
    (B) Return. The employer may return the employee to his or her 
former job status, and end any special protective measures provided to 
the employee, consistent with the medical findings, determinations, or 
recommendations of

[[Page 86]]

any of the physicians who have reviewed the employee's health status, 
with two exceptions:
    (1) If the initial removal, special protection, or limitation of the 
employee resulted from a final medical determination which differed from 
the findings, determinations, or recommendations of the initial 
physician; or
    (2) The employee has been on removal status for the preceding six 
months as a result of exposure to MDA, then the employer shall await a 
final medical determination.
    (v) Medical removal protection benefits--(A) Provisions of medical 
removal protection benefits. The employer shall provide to an employee 
up to six (6) months of medical removal protection benefits on each 
occasion that an employee is removed from exposure to MDA or otherwise 
limited pursuant to this section.
    (B) Definition of medical removal protection benefits. For the 
purposes of this section, the requirement that an employer provide 
medical removal protection benefits means that the employer shall 
maintain the earnings, seniority, and other employment rights and 
benefits of an employee as though the employee had not been removed from 
normal exposure to MDA or otherwise limited.
    (C) Follow-up medical surveillance during the period of employee 
removal or limitations. During the period of time that an employee is 
removed from normal exposure to MDA or otherwise limited, the employer 
may condition the provision of medical removal protection benefits upon 
the employee's participation in follow-up medical surveillance made 
available pursuant to this section.
    (D) Workers' compensation claims. If a removed employee files a 
claim for workers' compensation payments for a MDA-related disability, 
then the employer shall continue to provide medical removal protection 
benefits pending disposition of the claim. To the extent that an award 
is made to the employee for earnings lost during the period of removal, 
the employer's medical removal protection obligation shall be reduced by 
such amount. The employer shall receive no credit for workers' 
compensation payments received by the employee for treatment-related 
expenses.
    (E) Other credits. 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 either from a publicly or employer-funded 
compensation program, or receives income from employment with any 
employer made possible by virtue of the employee's removal.
    (F) Employees who do not recover within the 6 months of removal. The 
employer shall take the following measures with respect to any employee 
removed from exposure to MDA:
    (1) The employer shall make available to the employee a medical 
examination pursuant to this section to obtain a final medical 
determination with respect to the employee;
    (2) The employer shall assure that the final medical determination 
obtained indicates whether or not the employee may be returned to his or 
her former job status, and, if not, what steps should be taken to 
protect the employee's health;
    (3) Where the final medical determination has not yet been obtained, 
or once obtained indicates that the employee may not yet be returned to 
his or her former job status, the employer shall continue to provide 
medical removal protection benefits to the employee until either the 
employee is returned to former job status, or a final medical 
determination is made that the employee is incapable of ever safely 
returning to his or her former job status; and
    (4) Where the employer acts pursuant to a final medical 
determination which permits the return of the employee to his or her 
former job status despite what would otherwise be an unacceptable liver 
function test, later questions concerning removing the employee again 
shall be decided by a final medical determination. The employer need not 
automatically remove such an employee pursuant to the MDA removal 
criteria provided by this section.
    (vi) Voluntary removal or restriction of an employee. Where an 
employer, although not required by this section to

[[Page 87]]

do so, removes an employee from exposure to MDA or otherwise places 
limitations on an employee due to the effects of MDA exposure on the 
employee's medical condition, the employer shall provide medical removal 
protection benefits to the employee equal to that required by paragraph 
(n)(9)(v) of this section.
    (o) Recordkeeping--(1) Objective data for exempted operations. (i) 
Where the employer has relied on objective data that demonstrate that 
products made from or containing MDA are not capable of releasing MDA or 
do not present a dermal exposure problem under the expected conditions 
of processing, use, or handling to exempt such operations from the 
initial monitoring requirements under paragraph (f)(2) 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 MDA;
    (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) Historical monitoring data. (i) Where the employer has relied on 
historical monitoring data that demonstrate that exposures on a 
particular job will be below the action level to exempt such operations 
from the initial monitoring requirements under paragraph (f)(2) of this 
section, the employer shall establish and maintain an accurate record of 
historical monitoring data reasonably relied upon in support of the 
exception.
    (ii) The record shall include information that reflect the following 
conditions:
    (A) The data upon which judgments are based are scientifically sound 
and were collected using methods that are sufficiently accurate and 
precise;
    (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 initial monitoring will not be 
performed;
    (C) The characteristics of the MDA-containing material being handled 
when the historical monitoring data were obtained are the same as those 
on the job for which initial monitoring will not be performed;
    (D) Environmental conditions prevailing when the historical 
monitoring data were obtained are the same as those on the job for which 
initial monitoring will not be performed; and
    (E) Other data relevant to the operations, materials, processing, or 
employee exposures covered by the exception.
    (iii) The employer shall maintain this record for the duration of 
the employer's reliance upon such historical monitoring data.
    (3) The employer may utilize the services of competent organizations 
such as industry trade associations and employee associations to 
maintain the records required by this section.
    (4) Exposure measurements. (i) The employer shall keep an accurate 
record of all measurements taken to monitor employee exposure to MDA.
    (ii) This record shall include at least the following information:
    (A) The date of measurement;
    (B) The operation involving exposure to MDA;
    (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 1910.33.
    (5) Medical surveillance. (i) The employer shall establish and 
maintain an

[[Page 88]]

accurate record for each employee subject to medical surveillance by 
paragraph (n) of this section, in accordance with 29 CFR 1910.33.
    (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 MDA; and
    (E) A copy of the information provided to the physician as required 
by paragraph (n) 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 1910.33.
    (iv) A copy of the employee's medical removal and return to work 
status.
    (6) Training records. The employer shall maintain all employee 
training records for one (1) year beyond the last date of employment.
    (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 1910.33(a)-(e) and (g)-(i).
    (iii) The employer, upon request, shall make employee medical 
records required by paragraphs (n) and (o) 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 1910.33.
    (8) Transfer of records. The employer shall comply with the 
requirements concerning transfer of records set forth in 29 CFR 
1910.1020(h).
    (p) Observation of monitoring--(1) Employee observation. The 
employer shall provide affected employees, or their designated 
representatives, an opportunity to observe the measuring or monitoring 
of employee exposure to MDA conducted pursuant to paragraph (f) of this 
section.
    (2) Observation procedures. When observation of the measuring or 
monitoring of employee exposure to MDA requires entry into areas where 
the use of protective clothing and equipment or respirators is required, 
the employer shall provide the observer with personal protective 
clothing and equipment or respirators required to be worn by employees 
working in the area, assure the use of such clothing and equipment or 
respirators, and require the observer to comply with all other 
applicable safety and health procedures.
    (q) Appendices. The information contained in appendices A, B, C, and 
D of this section is not intended, by itself, to create any additional 
obligations not otherwise imposed by this standard nor detract from any 
existing obligation.

      Appendix A to Sec.  1926.60--Substance Data Sheet, for 4-4' 
                           Methylenedianiline

    Note: The requirements applicable to construction work under this 
appendix A are identical to those set forth in appendix A to Sec.  
1910.1050 of this chapter.

    Appendix B to Sec.  1926.60--Substance Technical Guidelines, MDA

    Note: The requirements applicable to construction work under this 
appendix B are identical to those set forth in appendix B to Sec.  
1910.1050 of this chapter.

  Appendix C to Sec.  1926.60--Medical Surveillance Guidelines for MDA

    Note: The requirements applicable to construction work under this 
appendix C are identical to those set forth in appendix C to Sec.  
1910.1050 of this chapter.

  Appendix D to Sec.  1926.60--Sampling and Analytical Methods for MDA 
                  Monitoring and Measurement Procedures

    Note: The requirements applicable to construction work under this 
appendix D are

[[Page 89]]

identical to those set forth in appendix D to Sec.  1910.1050 of this 
chapter.

[57 FR 35681, Aug. 10, 1992, as amended at 57 FR 49649, Nov. 3, 1992; 61 
FR 5510, Feb. 13, 1996; 61 FR 31431, June 20, 1996; 63 FR 1296, Jan. 8, 
1998; 69 FR 70373, Dec. 6, 2004; 70 FR 1143, Jan. 5, 2005; 71 FR 16674, 
Apr. 3, 2006; 71 FR 50191, Aug. 24, 2006; 73 FR 75588, Dec. 12, 2008; 76 
FR 33611, June 8, 2011; 77 FR 17889, Mar. 26, 2012]



Sec.  1926.61  Retention of DOT markings, placards and labels.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.1201 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec.  1926.62  Lead.

    (a) Scope. This section applies to all construction work where an 
employee may be occupationally exposed to lead. All construction work 
excluded from coverage in the general industry standard for lead by 29 
CFR 1910.1025(a)(2) is covered by this standard. Construction work is 
defined as work for construction, alteration and/or repair, including 
painting and decorating. It includes but is not limited to the 
following:
    (1) Demolition or salvage of structures where lead or materials 
containing lead are present;
    (2) Removal or encapsulation of materials containing lead;
    (3) New construction, alteration, repair, or renovation of 
structures, substrates, or portions thereof, that contain lead, or 
materials containing lead;
    (4) Installation of products containing lead;
    (5) Lead contamination/emergency cleanup;
    (6) Transportation, disposal, storage, or containment of lead or 
materials containing lead on the site or location at which construction 
activities are performed, and
    (7) Maintenance operations associated with the construction 
activities described in this paragraph.
    (b) Definitions.
    Action level means employee exposure, without regard to the use of 
respirators, to an airborne concentration of lead of 30 micrograms per 
cubic meter of air (30 [micro]g/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.
    Competent person means one who is capable of identifying existing 
and predictable lead hazards in the surroundings or working conditions 
and who has authorization to take prompt corrective measures to 
eliminate them.
    Director means the Director, National Institute for Occupational 
Safety and Health (NIOSH), U.S. Department of Health and Human Services, 
or designee.
    Lead means metallic lead, all inorganic lead compounds, and organic 
lead soaps. Excluded from this definition are all other organic lead 
compounds.
    This section means this standard.
    (c) Permissible exposure limit. (1) The employer shall assure that 
no employee is exposed to lead at concentrations greater than fifty 
micrograms per cubic meter of air (50 [micro]g/m\3\) averaged over an 8-
hour period.
    (2) If an employee is exposed to lead for more than 8 hours in any 
work day the employees' allowable exposure, as a time weighted average 
(TWA) for that day, shall be reduced according to the following formula:

Allowable employee exposure (in [micro]g/m\3\) = 400 divided by hours 
worked in the day.

    (3) When respirators are used to limit employee exposure as required 
under paragraph (c) of this section and all the requirements of 
paragraphs (e)(1) and (f) of this section have been met, employee 
exposure may be considered to be at the level provided by the protection 
factor of the respirator for those periods the respirator is worn. Those 
periods may be averaged with exposure levels during periods when 
respirators are not worn to determine the employee's daily TWA exposure.
    (d) Exposure assessment--(1) General. (i) Each employer who has a 
workplace or operation covered by this standard shall initially 
determine if any employee may be exposed to lead at or above the action 
level.
    (ii) For the purposes of paragraph (d) of this section, employee 
exposure is that exposure which would occur if the employee were not 
using a respirator.

[[Page 90]]

    (iii) With the exception of monitoring under paragraph (d)(3), where 
monitoring is required under this section, the employer shall collect 
personal samples representative of a full shift including at least one 
sample for each job classification in each work area either for each 
shift or for the shift with the highest exposure level.
    (iv) Full shift personal samples shall be representative of the 
monitored employee's regular, daily exposure to lead.
    (2) Protection of employees during assessment of exposure. (i) With 
respect to the lead related tasks listed in paragraph (d)(2)(i) of this 
section, where lead is present, until the employer performs an employee 
exposure assessment as required in paragraph (d) of this section and 
documents that the employee performing any of the listed tasks is not 
exposed above the PEL, the employer shall treat the employee as if the 
employee were exposed above the PEL, and not in excess of ten (10) times 
the PEL, and shall implement employee protective measures prescribed in 
paragraph (d)(2)(v) of this section. The tasks covered by this 
requirement are:
    (A) Where lead containing coatings or paint are present: Manual 
demolition of structures (e.g, dry wall), manual scraping, manual 
sanding, heat gun applications, and power tool cleaning with dust 
collection systems;
    (B) Spray painting with lead paint.
    (ii) In addition, with regard to tasks not listed in paragraph 
(d)(2)(i), where the employee has any reason to believe that an employee 
performing the task may be exposed to lead in excess of the PEL, until 
the employer performs an employee exposure assessment as required by 
paragraph (d) of this section and documents that the employee's lead 
exposure is not above the PEL the employer shall treat the employee as 
if the employee were exposed above the PEL and shall implememt employee 
protective measures as prescribed in paragraph (d)(2)(v) of this 
section.
    (iii) With respect to the tasks listed in this paragraph (d)(2)(iii) 
of this section, where lead is present, until the employer performs an 
employee exposure assessment as required in this paragraph (d), and 
documents that the employee performing any of the listed tasks is not 
exposed in excess of 500 [micro]g/m\3\, the employer shall treat the 
employee as if the employee were exposed to lead in excess of 500 
[micro]g/m\3\ and shall implement employee protective measures as 
prescribed in paragraph (d)(2)(v) of this section. Where the employer 
does establish that the employee is exposed to levels of lead below 500 
[micro]g/m\3\, the employer may provide the exposed employee with the 
appropriate respirator prescribed for such use at such lower exposures, 
in accordance with paragraph (f) of this section. The tasks covered by 
this requirement are:
    (A) Using lead containing mortar; lead burning
    (B) Where lead containing coatings or paint are present: rivet 
busting; power tool cleaning without dust collection systems; cleanup 
activities where dry expendable abrasives are used; and abrasive 
blasting enclosure movement and removal.
    (iv) With respect to the tasks listed in this paragraph (d)(2)(iv), 
where lead is present, until the employer performs an employee exposure 
assessment as required in this paragraph (d) and documents that the 
employee performing any of the listed tasks is not exposed to lead in 
excess of 2,500 [micro]g/m\3\ (50xPEL), the employer shall treat the 
employee as if the employee were exposed to lead in excess of 2,500 
[micro]g/m\3\ and shall implement employee protective measures as 
prescribed in paragraph (d)(2)(v) of this section. Where the employer 
does establish that the employee is exposed to levels of lead below 
2,500 [micro]g/m\3\, the employer may provide the exposed employee with 
the appropriate respirator prescribed for use at such lower exposures, 
in accordance with paragraph (f) of this section. Interim protection as 
described in this paragraph is required where lead containing coatings 
or paint are present on structures when performing:
    (A) Abrasive blasting,
    (B) Welding,
    (C) Cutting, and
    (D) Torch burning.
    (v) Until the employer performs an employee exposure assessment as 
required under paragraph (d) of this section and determines actual 
employee exposure, the employer shall provide to

[[Page 91]]

employees performing the tasks described in paragraphs (d)(2)(i), 
(d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) of this section with interim 
protection as follows:
    (A) Appropriate respiratory protection in accordance with paragraph 
(f) of this section.
    (B) Appropriate personal protective clothing and equipment in 
accordance with paragraph (g) of this section.
    (C) Change areas in accordance with paragraph (i)(2) of this 
section.
    (D) Hand washing facilities in accordance with paragraph (i)(5) of 
this section.
    (E) Biological monitoring in accordance with paragraph (j)(1)(i) of 
this section, to consist of blood sampling and analysis for lead and 
zinc protoporphyrin levels, and
    (F) Training as required under paragraph (l)(1)(i) of this section 
regarding 29 CFR 1926.59, Hazard Communication; training as required 
under paragraph (1)(2)(iii) of this section, regarding use of 
respirators; and training in accordance with 29 CFR 1926.21, Safety 
training and education.
    (3) Basis of initial determination. (i) Except as provided under 
paragraphs (d)(3)(iii) and (d)(3)(iv) of this section the employer shall 
monitor employee exposures and shall base initial determinations on the 
employee exposure monitoring results and any of the following, relevant 
considerations:
    (A) Any information, observations, or calculations which would 
indicate employee exposure to lead;
    (B) Any previous measurements of airborne lead; and
    (C) Any employee complaints of symptoms which may be attributable to 
exposure to lead.
    (ii) Monitoring for the initial determination where performed may be 
limited to a representative sample of the exposed employees who the 
employer reasonably believes are exposed to the greatest airborne 
concentrations of lead in the workplace.
    (iii) Where the employer has previously monitored for lead 
exposures, and the data were obtained within the past 12 months 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 employer may rely on such earlier monitoring results to 
satisfy the requirements of paragraphs (d)(3)(i) and (d)(6) of this 
section if the sampling and analytical methods meet the accuracy and 
confidence levels of paragraph (d)(9) of this section.
    (iv) Where the employer has objective data, demonstrating that a 
particular product or material containing lead or a specific process, 
operation or activity involving lead cannot result in employee exposure 
to lead at or above the action level during processing, use, or 
handling, the employer may rely upon such data instead of implementing 
initial monitoring.
    (A) The employer shall establish and maintain an accurate record 
documenting the nature and relevancy of objective data as specified in 
paragraph (n)(4) of this section, where used in assessing employee 
exposure in lieu of exposure monitoring.
    (B) Objective data, as described in paragraph (d)(3)(iv) of this 
section, is not permitted to be used for exposure assessment in 
connection with paragraph (d)(2) of this section.
    (4) Positive initial determination and initial monitoring. (i) Where 
a determination conducted under paragraphs (d) (1), (2) and (3) of this 
section shows the possibility of any employee exposure at or above the 
action level the employer shall conduct monitoring which is 
representative of the exposure for each employee in the workplace who is 
exposed to lead.
    (ii) Where the employer has previously monitored for lead exposure, 
and the data were obtained within the past 12 months 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 employer may rely on such earlier monitoring results to 
satisfy the requirements of paragraph (d)(4)(i) of this section if the 
sampling and analytical methods meet the accuracy and confidence levels 
of paragraph (d)(9) of this section.

[[Page 92]]

    (5) Negative initial determination. Where a determination, conducted 
under paragraphs (d) (1), (2), and (3) of this section is made that no 
employee is exposed to airborne concentrations of lead at or above the 
action level the employer shall make a written record of such 
determination. The record shall include at least the information 
specified in paragraph (d)(3)(i) of this section and shall also include 
the date of determination, location within the worksite, and the name of 
each employee monitored.
    (6) Frequency. (i) If the initial determination reveals employee 
exposure to be below the action level further exposure determination 
need not be repeated except as otherwise provided in paragraph (d)(7) of 
this section.
    (ii) If the initial determination or subsequent determination 
reveals employee exposure to be at or above the action level but at or 
below the PEL the employer shall perform monitoring in accordance with 
this paragraph at least every 6 months. The employer shall continue 
monitoring at the required frequency until at least two consecutive 
measurements, taken at least 7 days apart, are below the action level at 
which time the employer may discontinue monitoring for that employee 
except as otherwise provided in paragraph (d)(7) of this section.
    (iii) If the initial determination reveals that employee exposure is 
above the PEL the employer shall perform monitoring quarterly. The 
employer shall continue monitoring at the required frequency until at 
least two consecutive measurements, taken at least 7 days apart, are at 
or below the PEL but at or above the action level at which time the 
employer shall repeat monitoring for that employee at the frequency 
specified in paragraph (d)(6)(ii) of this section, except as otherwise 
provided in paragraph (d)(7) of this section. The employer shall 
continue monitoring at the required frequency until at least two 
consecutive measurements, taken at least 7 days apart, are below the 
action level at which time the employer may discontinue monitoring for 
that employee except as otherwise provided in paragraph (d)(7) of this 
section.
    (7) Additional exposure assessments. Whenever there has been a 
change of equipment, process, control, personnel or a new task has been 
initiated that may result in additional employees being exposed to lead 
at or above the action level or may result in employees already exposed 
at or above the action level being exposed above the PEL, the employer 
shall conduct additional monitoring in accordance with this paragraph.
    (8) Employee notification. (i) The employer must, as soon as 
possible but no later than 5 working 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.
    (ii) Whenever the results indicate that the representative employee 
exposure, without regard to respirators, is at or above the PEL the 
employer shall include in the written notice a statement that the 
employees exposure was at or above that level and a description of the 
corrective action taken or to be taken to reduce exposure to below that 
level.
    (9) Accuracy of measurement. The employer shall use a method of 
monitoring and analysis which has an accuracy (to a confidence level of 
95%) of not less than plus or minus 25 percent for airborne 
concentrations of lead equal to or greater than 30 [micro]g/m\3\.
    (e) Methods of compliance--(1) Engineering and work practice 
controls. The employer shall implement engineering and work practice 
controls, including administrative controls, to reduce and maintain 
employee exposure to lead to or below the permissible exposure limit to 
the extent that such controls are feasible. Wherever all feasible 
engineering and work practices controls that can be instituted are not 
sufficient to reduce employee exposure to or below the permissible 
exposure limit prescribed in paragraph (c) of this section, the employer 
shall nonetheless use them to reduce employee exposure to the lowest 
feasible level and shall supplement them by the use of respiratory 
protection that complies with

[[Page 93]]

the requirements of paragraph (f) of this section.
    (2) Compliance program. (i) Prior to commencement of the job each 
employer shall establish and implement a written compliance program to 
achieve compliance with paragraph (c) of this section.
    (ii) Written plans for these compliance programs shall include at 
least the following:
    (A) A description of each activity in which lead is emitted; e.g. 
equipment used, material involved, controls in place, crew size, 
employee job responsibilities, operating procedures and maintenance 
practices;
    (B) A description of the specific means that will be employed to 
achieve compliance and, where engineering controls are required 
engineering plans and studies used to determine methods selected for 
controlling exposure to lead;
    (C) A report of the technology considered in meeting the PEL;
    (D) Air monitoring data which documents the source of lead 
emissions;
    (E) A detailed schedule for implementation of the program, including 
documentation such as copies of purchase orders for equipment, 
construction contracts, etc.;
    (F) A work practice program which includes items required under 
paragraphs (g), (h) and (i) of this section and incorporates other 
relevant work practices such as those specified in paragraph (e)(5) of 
this section;
    (G) An administrative control schedule required by paragraph (e)(4) 
of this section, if applicable;
    (H) A description of arrangements made among contractors on multi-
contractor sites with respect to informing affected employees of 
potential exposure to lead and with respect to responsibility for 
compliance with this section as set-forth in Sec.  1926.16.
    (I) Other relevant information.
    (iii) The compliance program shall provide for frequent and regular 
inspections of job sites, materials, and equipment to be made by a 
competent person.
    (iv) Written programs shall be submitted upon request to any 
affected employee or authorized employee representatives, to the 
Assistant Secretary and the Director, and shall be available at the 
worksite for examination and copying by the Assistant Secretary and the 
Director.
    (v) Written programs must be revised and updated at least annually 
to reflect the current status of the program.
    (3) Mechanical ventilation. When ventilation is used to control lead 
exposure, the employer shall evaluate the mechanical performance of the 
system in controlling exposure as necessary to maintain its 
effectiveness.
    (4) Administrative controls. If administrative controls are used as 
a means of reducing employees TWA exposure to lead, the employer shall 
establish and implement a job rotation schedule which includes:
    (i) Name or identification number of each affected employee;
    (ii) Duration and exposure levels at each job or work station where 
each affected employee is located; and
    (iii) Any other information which may be useful in assessing the 
reliability of administrative controls to reduce exposure to lead.
    (5) The employer shall ensure that, to the extent relevant, 
employees follow good work practices such as described in appendix B of 
this section.
    (f) 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 during:
    (i) Periods when an employee's exposure to lead exceeds the PEL.
    (ii) Work operations for which engineering and work-practice 
controls are not sufficient to reduce employee exposures to or below the 
PEL.
    (iii) Periods when an employee requests a respirator.
    (iv) Periods when respirators are required to provide interim 
protection of employees while they perform the operations specified in 
paragraph (d)(2) of this section.
    (2) Respirator program. (i) The employer must implement a 
respiratory protection program in accordance with Sec.  1910.134(b) 
through (d) (except (d)(1)(iii)), and (f) through (m), which covers each 
employee required by this section to use a respirator.

[[Page 94]]

    (ii) If an employee has breathing difficulty during fit testing or 
respirator use, the employer must provide the employee with a medical 
examination in accordance with paragraph (j)(3)(i)(B) of this section to 
determine whether or not the employee can use a respirator while 
performing the required duty.
    (3) Respirator selection. (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators 
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide employees with a full facepiece respirator instead of a 
half mask respirator for protection against lead aerosols that may cause 
eye or skin irritation at the use concentrations.
    (C) Provide HEPA filters for powered and non-powered air-purifying 
respirators.
    (ii) The employer must provide a powered air-purifying respirator 
when an employee chooses to use such a respirator and it will provide 
adequate protection to the employee.
    (g) Protective work clothing and equipment--(1) Provision and use. 
Where an employee is exposed to lead above the PEL without regard to the 
use of respirators, where employees are exposed to lead compounds which 
may cause skin or eye irritation (e.g. lead arsenate, lead azide), and 
as interim protection for employees performing tasks as specified in 
paragraph (d)(2) of this section, the employer shall provide at no cost 
to the employee and assure that the employee uses appropriate protective 
work clothing and equipment that prevents contamination of the employee 
and the employee's garments such as, but not limited to:
    (i) Coveralls or similar full-body work clothing;
    (ii) Gloves, hats, and shoes or disposable shoe coverlets; and
    (iii) Face shields, vented goggles, or other appropriate protective 
equipment which complies with Sec.  1910.133 of this chapter.
    (2) Cleaning and replacement. (i) The employer shall provide the 
protective clothing required in paragraph (g)(1) of this section in a 
clean and dry condition at least weekly, and daily to employees whose 
exposure levels without regard to a respirator are over 200 [micro]g/
m\3\ of lead as an 8-hour TWA.
    (ii) The employer shall provide for the cleaning, laundering, and 
disposal of protective clothing and equipment required by paragraph 
(g)(1) of this section.
    (iii) The employer shall repair or replace required protective 
clothing and equipment as needed to maintain their effectiveness.
    (iv) The employer shall assure that all protective clothing is 
removed at the completion of a work shift only in change areas provided 
for that purpose as prescribed in paragraph (i)(2) of this section.
    (v) The employer shall assure that contaminated protective clothing 
which is to be cleaned, laundered, or disposed of, is placed in a closed 
container in the change area which prevents dispersion of lead outside 
the container.
    (vi) The employer shall inform in writing any person who cleans or 
launders protective clothing or equipment of the potentially harmful 
effects of exposure to lead.
    (vii)(A) The employer shall ensure that the containers of 
contaminated protective clothing and equipment required by paragraph 
(g)(2)(v) of this section are labeled as follows:

DANGER: CLOTHING AND EQUIPMENT CONTAMINATED WITH LEAD. MAY DAMAGE 
FERTILITY OR THE UNBORN CHILD. CAUSES DAMAGE TO THE CENTRAL NERVOUS 
SYSTEM. DO NOT EAT, DRINK OR SMOKE WHEN HANDLING. DO NOT REMOVE DUST BY 
BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN 
ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.

    (B) Prior to June 1, 2015, employers may include the following 
information on bags or containers of contaminated protective clothing 
and equipment required by paragraph (g)(2)(v) in lieu of the labeling 
requirements in paragraph (g)(2)(vii)(A) of this section:

Caution: Clothing contaminated with lead. Do not remove dust by blowing 
or shaking. Dispose of lead contaminated wash water in accordance with 
applicable local, state, or federal regulations.


[[Page 95]]


    (viii) The employer shall prohibit the removal of lead from 
protective clothing or equipment by blowing, shaking, or any other means 
which disperses lead into the air.
    (h) Housekeeping--(1) All surfaces shall be maintained as free as 
practicable of accumulations of lead.
    (2) Clean-up of floors and other surfaces where lead accumulates 
shall wherever possible, be cleaned by vacuuming or other methods that 
minimize the likelihood of lead becoming airborne.
    (3) Shoveling, dry or wet sweeping, and brushing may be used only 
where vacuuming or other equally effective methods have been tried and 
found not to be effective.
    (4) Where vacuuming methods are selected, the vacuums shall be 
equipped with HEPA filters and used and emptied in a manner which 
minimizes the reentry of lead into the workplace.
    (5) Compressed air shall not be used to remove lead from any surface 
unless the compressed air is used in conjunction with a ventilation 
system designed to capture the airborne dust created by the compressed 
air.
    (i) Hygiene facilities and practices. (1) The employer shall assure 
that in areas where employees are exposed to lead above the PEL without 
regard to the use of respirators, food or beverage is not present or 
consumed, tobacco products are not present or used, and cosmetics are 
not applied.
    (2) Change areas. (i) The employer shall provide clean change areas 
for employees whose airborne exposure to lead is above the PEL, and as 
interim protection for employees performing tasks as specified in 
paragraph (d)(2) of this section, without regard to the use of 
respirators.
    (ii) The employer shall assure that change areas are equipped with 
separate storage facilities for protective work clothing and equipment 
and for street clothes which prevent cross-contamination.
    (iii) The employer shall assure that employees do not leave the 
workplace wearing any protective clothing or equipment that is required 
to be worn during the work shift.
    (3) Showers. (i) The employer shall provide shower facilities, where 
feasible, for use by employees whose airborne exposure to lead is above 
the PEL.
    (ii) The employer shall assure, where shower facilities are 
available, that employees shower at the end of the work shift and shall 
provide an adequate supply of cleansing agents and towels for use by 
affected employees.
    (4) Eating facilities. (i) The employer shall provide lunchroom 
facilities or eating areas for employees whose airborne exposure to lead 
is above the PEL, without regard to the use of respirators.
    (ii) The employer shall assure that lunchroom facilities or eating 
areas are as free as practicable from lead contamination and are readily 
accessible to employees.
    (iii) The employer shall assure that employees whose airborne 
exposure to lead is above the PEL, without regard to the use of a 
respirator, wash their hands and face prior to eating, drinking, smoking 
or applying cosmetics.
    (iv) The employer shall assure that employees do not enter lunchroom 
facilities or eating areas with protective work clothing or equipment 
unless surface lead dust has been removed by vacuuming, downdraft booth, 
or other cleaning method that limits dispersion of lead dust.
    (5) Hand washing facilities. (i) The employer shall provide adequate 
handwashing facilities for use by employees exposed to lead in 
accordance with 29 CFR 1926.51(f).
    (ii) Where showers are not provided the employer shall assure that 
employees wash their hands and face at the end of the work-shift.
    (j) Medical surveillance--(1) General. (i) The employer shall make 
available initial medical surveillance to employees occupationally 
exposed on any day to lead at or above the action level. Initial medical 
surveillance consists of biological monitoring in the form of blood 
sampling and analysis for lead and zinc protoporphyrin levels.
    (ii) The employer shall institute a medical surveillance program in 
accordance with paragraphs (j)(2) and (j)(3) of this section for all 
employees who are or may be exposed by the employer at or above the 
action level for

[[Page 96]]

more than 30 days in any consecutive 12 months;
    (iii) The employer shall assure that all medical examinations and 
procedures are performed by or under the supervision of a licensed 
physician.
    (iv) The employer shall make available the required medical 
surveillance including multiple physician review under paragraph 
(j)(3)(iii) without cost to employees and at a reasonable time and 
place.
    (2) Biological monitoring--(i) Blood lead and ZPP level sampling and 
analysis. The employer shall make available biological monitoring in the 
form of blood sampling and analysis for lead and zinc protoporphyrin 
levels to each employee covered under paragraphs (j)(1)(i) and (ii) of 
this section on the following schedule:
    (A) For each employee covered under paragraph (j)(1)(ii) of this 
section, at least every 2 months for the first 6 months and every 6 
months thereafter;
    (B) For each employee covered under paragraphs (j)(1) (i) or (ii) of 
this section whose last blood sampling and analysis indicated a blood 
lead level at or above 40 [micro]g/dl, at least every two months. This 
frequency shall continue until two consecutive blood samples and 
analyses indicate a blood lead level below 40 [micro]g/dl; and
    (C) For each employee who is removed from exposure to lead due to an 
elevated blood lead level at least monthly during the removal period.
    (ii) Follow-up blood sampling tests. Whenever the results of a blood 
lead level test indicate that an employee's blood lead level is at or 
above the numerical criterion for medical removal under paragraph 
(k)(1)(i) of this section, the employer shall provide a second (follow-
up) blood sampling test within two weeks after the employer receives the 
results of the first blood sampling test.
    (iii) Accuracy of blood lead level sampling and analysis. Blood lead 
level sampling and analysis provided pursuant to this section shall have 
an accuracy (to a confidence level of 95 percent) within plus or minus 
15 percent or 6 [micro]g/dl, whichever is greater, and shall be 
conducted by a laboratory approved by OSHA.
    (iv) Employee notification. (A) Within five working days after the 
receipt of biological monitoring results, the employer shall notify each 
employee in writing of his or her blood lead level; and
    (B) The employer shall notify each employee whose blood lead level 
is at or above 40 [micro]g/dl that the standard requires temporary 
medical removal with Medical Removal Protection benefits when an 
employee's blood lead level is at or above the numerical criterion for 
medical removal under paragraph (k)(1)(i) of this section.
    (3) Medical examinations and consultations--(i) Frequency. The 
employer shall make available medical examinations and consultations to 
each employee covered under paragraph (j)(1)(ii) of this section on the 
following schedule:
    (A) At least annually for each employee for whom a blood sampling 
test conducted at any time during the preceding 12 months indicated a 
blood lead level at or above 40 [micro]g/dl;
    (B) As soon as possible, upon notification by an employee either 
that the employee has developed signs or symptoms commonly associated 
with lead intoxication, that the employee desires medical advice 
concerning the effects of current or past exposure to lead on the 
employee's ability to procreate a healthy child, that the employee is 
pregnant, or that the employee has demonstrated difficulty in breathing 
during a respirator fitting test or during use; and
    (C) As medically appropriate for each employee either removed from 
exposure to lead due to a risk of sustaining material impairment to 
health, or otherwise limited pursuant to a final medical determination.
    (ii) Content. The content of medical examinations made available 
pursuant to paragraph (j)(3)(i)(B)-(C) of this section shall be 
determined by an examining physician and, if requested by an employee, 
shall include pregnancy testing or laboratory evaluation of male 
fertility. Medical examinations made available pursuant to paragraph 
(j)(3)(i)(A) of this section shall include the following elements:

[[Page 97]]

    (A) A detailed work history and a medical history, with particular 
attention to past lead exposure (occupational and non-occupational), 
personal habits (smoking, hygiene), and past gastrointestinal, 
hematologic, renal, cardiovascular, reproductive and neurological 
problems;
    (B) A thorough physical examination, with particular attention to 
teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and 
neurological systems. Pulmonary status should be evaluated if 
respiratory protection will be used;
    (C) A blood pressure measurement;
    (D) A blood sample and analysis which determines:
    (1) Blood lead level;
    (2) Hemoglobin and hematocrit determinations, red cell indices, and 
examination of peripheral smear morphology;
    (3) Zinc protoporphyrin;
    (4) Blood urea nitrogen; and,
    (5) Serum creatinine;
    (E) A routine urinalysis with microscopic examination; and
    (F) Any laboratory or other test relevant to lead exposure which the 
examining physician deems necessary by sound medical practice.
    (iii) Multiple physician review mechanism. (A) If the employer 
selects the initial physician who conducts any medical examination or 
consultation provided to an employee under this section, the employee 
may designate a second physician:
    (1) To review any findings, determinations or recommendations of the 
initial physician; and
    (2) To conduct such examinations, consultations, and laboratory 
tests as the second physician deems necessary to facilitate this review.
    (B) The employer shall promptly notify an employee of the right to 
seek a second medical opinion after each occasion that an initial 
physician conducts a medical examination or consultation pursuant to 
this section. The employer may condition its participation in, and 
payment for, the multiple physician review mechanism upon the employee 
doing the following within fifteen (15) days after receipt of the 
foregoing notification, or receipt of the initial physician's written 
opinion, whichever is later:
    (1) The employee informing the employer that he or she intends to 
seek a second medical opinion, and
    (2) The employee initiating steps to make an appointment with a 
second physician.
    (C) If the findings, determinations or recommendations of the second 
physician differ from those of the initial physician, then the employer 
and the employee shall assure that efforts are made for the two 
physicians to resolve any disagreement.
    (D) If the two physicians have been unable to quickly resolve their 
disagreement, then the employer and the employee through their 
respective physicians shall designate a third physician:
    (1) To review any findings, determinations or recommendations of the 
prior physicians; and
    (2) To conduct such examinations, consultations, laboratory tests 
and discussions with the prior physicians as the third physician deems 
necessary to resolve the disagreement of the prior physicians.
    (E) The employer shall act consistent with the findings, 
determinations and recommendations of the third physician, unless the 
employer and the employee reach an agreement which is otherwise 
consistent with the recommendations of at least one of the three 
physicians.
    (iv) Information provided to examining and consulting physicians. 
(A) The employer shall provide an initial physician conducting a medical 
examination or consultation under this section with the following 
information:
    (1) A copy of this regulation for lead including all Appendices;
    (2) A description of the affected employee's duties as they relate 
to the employee's exposure;
    (3) The employee's exposure level or anticipated exposure level to 
lead and to any other toxic substance (if applicable);
    (4) A description of any personal protective equipment used or to be 
used;
    (5) Prior blood lead determinations; and

[[Page 98]]

    (6) All prior written medical opinions concerning the employee in 
the employer's possession or control.
    (B) The employer shall provide the foregoing information to a second 
or third physician conducting a medical examination or consultation 
under this section upon request either by the second or third physician, 
or by the employee.
    (v) Written medical opinions. (A) The employer shall obtain and 
furnish the employee with a copy of a written medical opinion from each 
examining or consulting physician which contains only the following 
information:
    (1) The physician's opinion as to whether the employee has any 
detected medical condition which would place the employee at increased 
risk of material impairment of the employee's health from exposure to 
lead;
    (2) Any recommended special protective measures to be provided to 
the employee, or limitations to be placed upon the employee's exposure 
to lead;
    (3) Any recommended limitation upon the employee's use of 
respirators, including a determination of whether the employee can wear 
a powered air purifying respirator if a physician determines that the 
employee cannot wear a negative pressure respirator; and
    (4) The results of the blood lead determinations.
    (B) The employer shall instruct each examining and consulting 
physician to:
    (1) Not reveal either in the written opinion or orally, or in any 
other means of communication with the employer, findings, including 
laboratory results, or diagnoses unrelated to an employee's occupational 
exposure to lead; and
    (2) Advise the employee of any medical condition, occupational or 
nonoccupational, which dictates further medical examination or 
treatment.
    (vi) Alternate physician determination mechanisms. The employer and 
an employee or authorized employee representative may agree upon the use 
of any alternate physician determination mechanism in lieu of the 
multiple physician review mechanism provided by paragraph (j)(3)(iii) of 
this section so long as the alternate mechanism is as expeditious and 
protective as the requirements contained in this paragraph.
    (4) Chelation. (i) The employer shall assure that any person whom he 
retains, employs, supervises or controls does not engage in prophylactic 
chelation of any employee at any time.
    (ii) If therapeutic or diagnostic chelation is to be performed by 
any person in paragraph (j)(4)(i) of this section, the employer shall 
assure that it be done under the supervision of a licensed physician in 
a clinical setting with thorough and appropriate medical monitoring and 
that the employee is notified in writing prior to its occurrence.
    (k) Medical removal protection--(1) Temporary medical removal and 
return of an employee--(i) Temporary removal due to elevated blood lead 
level. The employer shall remove an employee from work having an 
exposure to lead at or above the action level on each occasion that a 
periodic and a follow-up blood sampling test conducted pursuant to this 
section indicate that the employee's blood lead level is at or above 50 
[micro]g/dl; and,
    (ii) Temporary removal due to a final medical determination. (A) The 
employer shall remove an employee from work having an exposure to lead 
at or above the action level on each occasion that a final medical 
determination results in a medical finding, determination, or opinion 
that the employee has a detected medical condition which places the 
employee at increased risk of material impairment to health from 
exposure to lead.
    (B) For the purposes of this section, the phrase final medical 
determination means the written medical opinion on the employees' health 
status by the examining physician or, where relevant, the outcome of the 
multiple physician review mechanism or alternate medical determination 
mechanism used pursuant to the medical surveillance provisions of this 
section.
    (C) Where a final medical determination results in any recommended 
special protective measures for an employee, or limitations on an 
employee's exposure to lead, the employer shall implement and act 
consistent with the recommendation.

[[Page 99]]

    (iii) Return of the employee to former job status. (A) The employer 
shall return an employee to his or her former job status:
    (1) For an employee removed due to a blood lead level at or above 50 
[micro]g/dl when two consecutive blood sampling tests indicate that the 
employee's blood lead level is below 40 [micro]g/dl;
    (2) For an employee removed due to a final medical determination, 
when a subsequent final medical determination results in a medical 
finding, determination, or opinion that the employee no longer has a 
detected medical condition which places the employee at increased risk 
of material impairment to health from exposure to lead.
    (B) For the purposes of this section, the requirement that an 
employer return an employee to his or her former job status is not 
intended to expand upon or restrict any rights an employee has or would 
have had, absent temporary medical removal, to a specific job 
classification or position under the terms of a collective bargaining 
agreement.
    (iv) Removal of other employee special protective measure or 
limitations. The employer shall remove any limitations placed on an 
employee or end any special protective measures provided to an employee 
pursuant to a final medical determination when a subsequent final 
medical determination indicates that the limitations or special 
protective measures are no longer necessary.
    (v) Employer options pending a final medical determination. Where 
the multiple physician review mechanism, or alternate medical 
determination mechanism used pursuant to the medical surveillance 
provisions of this section, has not yet resulted in a final medical 
determination with respect to an employee, the employer shall act as 
follows:
    (A) Removal. The employer may remove the employee from exposure to 
lead, provide special protective measures to the employee, or place 
limitations upon the employee, consistent with the medical findings, 
determinations, or recommendations of any of the physicians who have 
reviewed the employee's health status.
    (B) Return. The employer may return the employee to his or her 
former job status, end any special protective measures provided to the 
employee, and remove any limitations placed upon the employee, 
consistent with the medical findings, determinations, or recommendations 
of any of the physicians who have reviewed the employee's health status, 
with two exceptions.
    (1) If the initial removal, special protection, or limitation of the 
employee resulted from a final medical determination which differed from 
the findings, determinations, or recommendations of the initial 
physician or;
    (2) If the employee has been on removal status for the preceding 
eighteen months due to an elevated blood lead level, then the employer 
shall await a final medical determination.
    (2) Medical removal protection benefits--(i) Provision of medical 
removal protection benefits. The employer shall provide an employee up 
to eighteen (18) months of medical removal protection benefits on each 
occasion that an employee is removed from exposure to lead or otherwise 
limited pursuant to this section.
    (ii) Definition of medical removal protection benefits. For the 
purposes of this section, the requirement that an employer provide 
medical removal protection benefits means that, as long as the job the 
employee was removed from continues, the employer shall maintain the 
total normal earnings, seniority and other employment rights and 
benefits of an employee, including the employee's right to his or her 
former job status as though the employee had not been medically removed 
from the employee's job or otherwise medically limited.
    (iii) Follow-up medical surveillance during the period of employee 
removal or limitation. During the period of time that an employee is 
medically removed from his or her job or otherwise medically limited, 
the employer may condition the provision of medical removal protection 
benefits upon the employee's participation in follow-up medical 
surveillance made available pursuant to this section.
    (iv) Workers' compensation claims. If a removed employee files a 
claim for workers' compensation payments for a

[[Page 100]]

lead-related disability, then the employer shall continue to provide 
medical removal protection benefits pending disposition of the claim. To 
the extent that an award is made to the employee for earnings lost 
during the period of removal, the employer's medical removal protection 
obligation shall be reduced by such amount. The employer shall receive 
no credit for workers' compensation payments received by the employee 
for treatment- related expenses.
    (v) Other credits. 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 either from a publicly or employer-funded 
compensation program, or receives income from employment with another 
employer made possible by virtue of the employee's removal.
    (vi) Voluntary removal or restriction of an employee. Where an 
employer, although not required by this section to do so, removes an 
employee from exposure to lead or otherwise places limitations on an 
employee due to the effects of lead exposure on the employee's medical 
condition, the employer shall provide medical removal protection 
benefits to the employee equal to that required by paragraph (k)(2) (i) 
and (ii) of this section.
    (l) Communication of hazards--(1) General--(i) Hazard communication. 
The employer shall include lead 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 lead and safety data sheets, and is trained in accordance 
with the provisions of HCS and paragraph (l) of this section. The 
employer shall ensure that at least the following hazards are addressed:
    (A) Reproductive/developmental toxicity;
    (B) Central nervous system effects;
    (C) Kidney effects;
    (D) Blood effects; and
    (E) Acute toxicity effects.
    (ii) The employer shall train each employee who is subject to 
exposure to lead at or above the action level on any day, or who is 
subject to exposure to lead compounds which may cause skin or eye 
irritation (e.g., lead arsenate, lead azide), in accordance with the 
requirements of this section. The employer shall institute a training 
program and ensure employee participation in the program.
    (iii) The employer shall provide the training program as initial 
training prior to the time of job assignment or prior to the start up 
date for this requirement, whichever comes last.
    (iv) The employer shall also provide the training program at least 
annually for each employee who is subject to lead exposure at or above 
the action level on any day.
    (2) Training program. The employer shall assure that each employee 
is trained in the following:
    (i) The content of this standard and its appendices;
    (ii) The specific nature of the operations which could result in 
exposure to lead above the action level;
    (iii) The purpose, proper selection, fitting, use, and limitations 
of respirators;
    (iv) The purpose and a description of the medical surveillance 
program, and the medical removal protection program including 
information concerning the adverse health effects associated with 
excessive exposure to lead (with particular attention to the adverse 
reproductive effects on both males and females and hazards to the fetus 
and additional precautions for employees who are pregnant);
    (v) The engineering controls and work practices associated with the 
employee's job assignment including training of employees to follow 
relevant good work practices described in appendix B of this section;
    (vi) The contents of any compliance plan in effect;
    (vii) Instructions to employees that chelating agents should not 
routinely be used to remove lead from their bodies and should not be 
used at all except under the direction of a licensed physician; and
    (viii) The employee's right of access to records under 29 CFR 
1910.20.
    (3) Access to information and training materials. (i) The employer 
shall make

[[Page 101]]

readily available to all affected employees a copy of this standard and 
its appendices.
    (ii) The employer shall provide, upon request, all materials 
relating to the employee information and training program to affected 
employees and their designated representatives, and to the Assistant 
Secretary and the Director.
    (m) Signs--(1) General. (i) The employer shall post the following 
warning signs in each work area where an employee's exposure to lead is 
above the PEL.

DANGER
LEAD WORK AREA
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA

    (ii) The employer shall ensure that no statement appears on or near 
any sign required by this paragraph (m) that contradicts or detracts 
from the meaning of the required sign.
    (iii) The employer shall ensure that signs required by this 
paragraph (m) are illuminated and cleaned as necessary so that the 
legend is readily visible.
    (iv) The employer may use signs required by other statutes, 
regulations or ordinances in addition to, or in combination with, signs 
required by this paragraph (m).
    (v) Prior to June 1, 2016, employers may use the following legend in 
lieu of that specified in paragraph (m)(1)(i) of this section:

WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING

    (n) Recordkeeping--(1) Exposure assessment. (i) The employer shall 
establish and maintain an accurate record of all monitoring and other 
data used in conducting employee exposure assessments as required in 
paragraph (d) of this section.
    (ii) Exposure monitoring records shall include:
    (A) The date(s), number, duration, location and results of each of 
the samples taken if any, including a description of the sampling 
procedure used to determine representative employee exposure where 
applicable;
    (B) A description of the sampling and analytical methods used and 
evidence of their accuracy;
    (C) The type of respiratory protective devices worn, if any;
    (D) Name and job classification of the employee monitored and of all 
other employees whose exposure the measurement is intended to represent; 
and
    (E) The environmental variables that could affect the measurement of 
employee exposure.
    (iii) The employer shall maintain monitoring and other exposure 
assessment records in accordance with the provisions of 29 CFR 1910.33.
    (2) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee subject to medical 
surveillance as required by paragraph (j) of this section.
    (ii) This record shall include:
    (A) The name and description of the duties of the employee;
    (B) A copy of the physician's written opinions;
    (C) Results of any airborne exposure monitoring done on or for that 
employee and provided to the physician; and
    (D) Any employee medical complaints related to exposure to lead.
    (iii) The employer shall keep, or assure that the examining 
physician keeps, the following medical records:
    (A) A copy of the medical examination results including medical and 
work history required under paragraph (j) of this section;
    (B) A description of the laboratory procedures and a copy of any 
standards or guidelines used to interpret the test results or references 
to that information;
    (C) A copy of the results of biological monitoring.
    (iv) The employer shall maintain or assure that the physician 
maintains medical records in accordance with the provisions of 29 CFR 
1910.33.
    (3) Medical removals. (i) The employer shall establish and maintain 
an accurate record for each employee removed from current exposure to 
lead pursuant to paragraph (k) of this section.
    (ii) Each record shall include:

[[Page 102]]

    (A) The name of the employee;
    (B) The date of each occasion that the employee was removed from 
current exposure to lead as well as the corresponding date on which the 
employee was returned to his or her former job status;
    (C) A brief explanation of how each removal was or is being 
accomplished; and
    (D) A statement with respect to each removal indicating whether or 
not the reason for the removal was an elevated blood lead level.
    (iii) The employer shall maintain each medical removal record for at 
least the duration of an employee's employment.
    (4) Objective data for exemption from requirement for initial 
monitoring. (i) For purposes of this section, objective data are 
information demonstrating that a particular product or material 
containing lead or a specific process, operation, or activity involving 
lead cannot release dust or fumes in concentrations at or above the 
action level under any expected conditions of use. Objective data can be 
obtained from an industry-wide study or from laboratory product test 
results from manufacturers of lead containing products or materials. The 
data the employer uses from an industry-wide survey must be obtained 
under workplace conditions closely resembling the processes, types of 
material, control methods, work practices and environmental conditions 
in the employer's current operations.
    (ii) The employer shall maintain the record of the objective data 
relied upon for at least 30 years.
    (5) Availability. The employer shall make available upon request all 
records required to be maintained by paragraph (n) of this section to 
affected employees, former employees, and their designated 
representatives, and to the Assistant Secretary and the Director for 
examination and copying.
    (6) Transfer of records. (i) Whenever the employer ceases to do 
business, the successor employer shall receive and retain all records 
required to be maintained by paragraph (n) of this section.
    (ii) The employer shall also comply with any additional requirements 
involving the transfer of records set forth in 29 CFR 1910.1020(h).
    (o) Observation of monitoring--(1) Employee observation. The 
employer shall provide affected employees or their designated 
representatives an opportunity to observe any monitoring of employee 
exposure to lead conducted pursuant to paragraph (d) of this section.
    (2) Observation procedures. (i) Whenever observation of the 
monitoring of employee exposure to lead requires entry into an area 
where the use of respirators, protective clothing or equipment is 
required, the employer shall provide the observer with and assure the 
use of such respirators, clothing and equipment, and shall require the 
observer to comply with all other applicable safety and health 
procedures.
    (ii) Without interfering with the monitoring, observers shall be 
entitled to:
    (A) Receive an explanation of the measurement procedures;
    (B) Observe all steps related to the monitoring of lead performed at 
the place of exposure; and
    (C) Record the results obtained or receive copies of the results 
when returned by the laboratory.
    (p) Appendices. The information contained in the appendices to this 
section is not intended by itself, to create any additional obligations 
not otherwise imposed by this standard nor detract from any existing 
obligation.

   Appendix A to Sec.  1926.62--Substance Data Sheet for Occupational 
                            Exposure to Lead

                       I. Substance Identification

    A. Substance: Pure lead (Pb) is a heavy metal at room temperature 
and pressure and is a basic chemical element. It can combine with 
various other substances to form numerous lead compounds.
    B. Compounds covered by the standard: The word lead when used in 
this interim final standard means elemental lead, all inorganic lead 
compounds and a class of organic lead compounds called lead soaps. This 
standard does not apply to other organic lead compounds.
    C. Uses: Exposure to lead occurs in several different occupations in 
the construction industry, including demolition or salvage of structures 
where lead or lead-containing materials are present; removal or 
encapsulation of lead-containing materials, new construction, 
alteration, repair, or renovation of structures that contain lead or 
materials

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containing lead; installation of products containing lead. In addition, 
there are construction related activities where exposure to lead may 
occur, including transportation, disposal, storage, or containment of 
lead or materials containing lead on construction sites, and maintenance 
operations associated with construction activities.
    D. Permissible exposure: The permissible exposure limit (PEL) set by 
the standard is 50 micrograms of lead per cubic meter of air (50 
[micro]g/m\3\), averaged over an 8-hour workday.
    E. Action level: The interim final standard establishes an action 
level of 30 micrograms of lead per cubic meter of air (30 [micro]g/
m\3\), averaged over an 8-hour workday. The action level triggers 
several ancillary provisions of the standard such as exposure 
monitoring, medical surveillance, and training.

                         II. Health Hazard Data

    A. Ways in which lead enters your body. When absorbed into your body 
in certain doses, lead is a toxic substance. The object of the lead 
standard is to prevent absorption of harmful quantities of lead. The 
standard is intended to protect you not only from the immediate toxic 
effects of lead, but also from the serious toxic effects that may not 
become apparent until years of exposure have passed. Lead can be 
absorbed into your body by inhalation (breathing) and ingestion 
(eating). Lead (except for certain organic lead compounds not covered by 
the standard, such as tetraethyl lead) is not absorbed through your 
skin. When lead is scattered in the air as a dust, fume respiratory 
tract. Inhalation of airborne lead is generally the most important 
source of occupational lead absorption. You can also absorb lead through 
your digestive system if lead gets into your mouth and is swallowed. If 
you handle food, cigarettes, chewing tobacco, or make-up which have lead 
on them or handle them with hands contaminated with lead, this will 
contribute to ingestion. A significant portion of the lead that you 
inhale or ingest gets into your blood stream. Once in your blood stream, 
lead is circulated throughout your body and stored in various organs and 
body tissues. Some of this lead is quickly filtered out of your body and 
excreted, but some remains in the blood and other tissues. As exposure 
to lead continues, the amount stored in your body will increase if you 
are absorbing more lead than your body is excreting. Even though you may 
not be aware of any immediate symptoms of disease, this lead stored in 
your tissues can be slowly causing irreversible damage, first to 
individual cells, then to your organs and whole body systems.
    B. Effects of overexposure to lead--(1) Short term (acute) 
overexposure. Lead is a potent, systemic poison that serves no known 
useful function once absorbed by your body. Taken in large enough doses, 
lead can kill you in a matter of days. A condition affecting the brain 
called acute encephalopathy may arise which develops quickly to 
seizures, coma, and death from cardiorespiratory arrest. A short term 
dose of lead can lead to acute encephalopathy. Short term occupational 
exposures of this magnitude are highly unusual, but not impossible. 
Similar forms of encephalopathy may, however, arise from extended, 
chronic exposure to lower doses of lead. There is no sharp dividing line 
between rapidly developing acute effects of lead, and chronic effects 
which take longer to acquire. Lead adversely affects numerous body 
systems, and causes forms of health impairment and disease which arise 
after periods of exposure as short as days or as long as several years.
    (2) Long-term (chronic) overexposure. Chronic overexposure to lead 
may result in severe damage to your blood-forming, nervous, urinary and 
reproductive systems. Some common symptoms of chronic overexposure 
include loss of appetite, metallic taste in the mouth, anxiety, 
constipation, nausea, pallor, excessive tiredness, weakness, insomnia, 
headache, nervous irritability, muscle and joint pain or soreness, fine 
tremors, numbness, dizziness, hyperactivity and colic. In lead colic 
there may be severe abdominal pain. Damage to the central nervous system 
in general and the brain (encephalopathy) in particular is one of the 
most severe forms of lead poisoning. The most severe, often fatal, form 
of encephalopathy may be preceded by vomiting, a feeling of dullness 
progressing to drowsiness and stupor, poor memory, restlessness, 
irritability, tremor, and convulsions. It may arise suddenly with the 
onset of seizures, followed by coma, and death. There is a tendency for 
muscular weakness to develop at the same time. This weakness may 
progress to paralysis often observed as a characteristic ``wrist drop'' 
or ``foot drop'' and is a manifestation of a disease to the nervous 
system called peripheral neuropathy. Chronic overexposure to lead also 
results in kidney disease with few, if any, symptoms appearing until 
extensive and most likely permanent kidney damage has occurred. Routine 
laboratory tests reveal the presence of this kidney disease only after 
about two-thirds of kidney function is lost. When overt symptoms of 
urinary dysfunction arise, it is often too late to correct or prevent 
worsening conditions, and progression to kidney dialysis or death is 
possible. Chronic overexposure to lead impairs the reproductive systems 
of both men and women. Overexposure to lead may result in decreased sex 
drive, impotence and sterility in men. Lead can alter the structure of 
sperm cells raising the risk of birth defects. There is evidence of 
miscarriage and stillbirth in women whose husbands were exposed to lead 
or who were exposed to lead themselves. Lead exposure also may result in 
decreased fertility,

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and abnormal menstrual cycles in women. The course of pregnancy may be 
adversely affected by exposure to lead since lead crosses the placental 
barrier and poses risks to developing fetuses. Children born of parents 
either one of whom were exposed to excess lead levels are more likely to 
have birth defects, mental retardation, behavioral disorders or die 
during the first year of childhood. Overexposure to lead also disrupts 
the blood-forming system resulting in decreased hemoglobin (the 
substance in the blood that carries oxygen to the cells) and ultimately 
anemia. Anemia is characterized by weakness, pallor and fatigability as 
a result of decreased oxygen carrying capacity in the blood.
    (3) Health protection goals of the standard. Prevention of adverse 
health effects for most workers from exposure to lead throughout a 
working lifetime requires that a worker's blood lead level (BLL, also 
expressed as PbB) be maintained at or below forty micrograms per 
deciliter of whole blood (40 [micro]g/dl). The blood lead levels of 
workers (both male and female workers) who intend to have children 
should be maintained below 30 [micro]g/dl to minimize adverse 
reproductive health effects to the parents and to the developing fetus. 
The measurement of your blood lead level (BLL) is the most useful 
indicator of the amount of lead being absorbed by your body. Blood lead 
levels are most often reported in units of milligrams (mg) or micrograms 
([micro]g) of lead (1 mg = 1000 [micro]g) per 100 grams (100g), 100 
milliliters (100 ml) or deciliter (dl) of blood. These three units are 
essentially the same. Sometime BLLs are expressed in the form of mg% or 
[micro]g%. This is a shorthand notation for 100g, 100 ml, or dl. 
(References to BLL measurements in this standard are expressed in the 
form of [micro]g/dl.)
    BLL measurements show the amount of lead circulating in your blood 
stream, but do not give any information about the amount of lead stored 
in your various tissues. BLL measurements merely show current absorption 
of lead, not the effect that lead is having on your body or the effects 
that past lead exposure may have already caused. Past research into 
lead-related diseases, however, has focused heavily on associations 
between BLLs and various diseases. As a result, your BLL is an important 
indicator of the likelihood that you will gradually acquire a lead-
related health impairment or disease.
    Once your blood lead level climbs above 40 [micro]g/dl, your risk of 
disease increases. There is a wide variability of individual response to 
lead, thus it is difficult to say that a particular BLL in a given 
person will cause a particular effect. Studies have associated fatal 
encephalopathy with BLLs as low as 150 [micro]g/dl. Other studies have 
shown other forms of diseases in some workers with BLLs well below 80 
[micro]g/dl. Your BLL is a crucial indicator of the risks to your 
health, but one other factor is also extremely important. This factor is 
the length of time you have had elevated BLLs. The longer you have an 
elevated BLL, the greater the risk that large quantities of lead are 
being gradually stored in your organs and tissues (body burden). The 
greater your overall body burden, the greater the chances of substantial 
permanent damage. The best way to prevent all forms of lead-related 
impairments and diseases--both short term and long term--is to maintain 
your BLL below 40 [micro]g/dl. The provisions of the standard are 
designed with this end in mind.
    Your employer has prime responsibility to assure that the provisions 
of the standard are complied with both by the company and by individual 
workers. You, as a worker, however, also have a responsibility to assist 
your employer in complying with the standard. You can play a key role in 
protecting your own health by learning about the lead hazards and their 
control, learning what the standard requires, following the standard 
where it governs your own actions, and seeing that your employer 
complies with provisions governing his or her actions.
    (4) Reporting signs and symptoms of health problems. You should 
immediately notify your employer if you develop signs or symptoms 
associated with lead poisoning or if you desire medical advice 
concerning the effects of current or past exposure to lead or your 
ability to have a healthy child. You should also notify your employer if 
you have difficulty breathing during a respirator fit test or while 
wearing a respirator. In each of these cases, your employer must make 
available to you appropriate medical examinations or consultations. 
These must be provided at no cost to you and at a reasonable time and 
place. The standard contains a procedure whereby you can obtain a second 
opinion by a physician of your choice if your employer selected the 
initial physician.

         Appendix B to Sec.  1926.62--Employee Standard Summary

    This appendix summarizes key provisions of the interim final 
standard for lead in construction that you as a worker should become 
familiar with.

           I. Permissible Exposure Limit (PEL)--Paragraph (C)

    The standard sets a permissible exposure limit (PEL) of 50 
micrograms of lead per cubic meter of air (50 [micro]g/m\3\), averaged 
over an 8-hour workday which is referred to as a time-weighted average 
(TWA). This is the highest level of lead in air to which you may be 
permissibly exposed over an 8-hour workday. However, since this is an 8-
hour average, short exposures above the PEL are permitted so long as for 
each 8-hour work day your average exposure does not exceed this

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level. This interim final standard, however, takes into account the fact 
that your daily exposure to lead can extend beyond a typical 8-hour 
workday as the result of overtime or other alterations in your work 
schedule. To deal with this situation, the standard contains a formula 
which reduces your permissible exposure when you are exposed more than 8 
hours. For example, if you are exposed to lead for 10 hours a day, the 
maximum permitted average exposure would be 40 [micro]g/m\3\.

                 II. Exposure Assessment--Paragraph (D)

    If lead is present in your workplace in any quantity, your employer 
is required to make an initial determination of whether any employee's 
exposure to lead exceeds the action level (30 [micro]g/m\3\ averaged 
over an 8-hour day). Employee exposure is that exposure which would 
occur if the employee were not using a respirator. This initial 
determination requires your employer to monitor workers' exposures 
unless he or she has objective data which can demonstrate conclusively 
that no employee will be exposed to lead in excess of the action level. 
Where objective data is used in lieu of actual monitoring the employer 
must establish and maintain an accurate record, documenting its 
relevancy in assessing exposure levels for current job conditions. If 
such objective data is available, the employer need proceed no further 
on employee exposure assessment until such time that conditions have 
changed and the determination is no longer valid.
    Objective data may be compiled from various sources, e.g., insurance 
companies and trade associations and information from suppliers or 
exposure data collected from similar operations. Objective data may also 
comprise previously-collected sampling data including area monitoring. 
If it cannot be determined through using objective data that worker 
exposure is less than the action level, your employer must conduct 
monitoring or must rely on relevant previous personal sampling, if 
available. Where monitoring is required for the initial determination, 
it may be limited to a representative number of employees who are 
reasonably expected to have the highest exposure levels. If your 
employer has conducted appropriate air sampling for lead in the past 12 
months, he or she may use these results, provided they are applicable to 
the same employee tasks and exposure conditions and meet the 
requirements for accuracy as specified in the standard. As with 
objective data, if such results are relied upon for the initial 
determination, your employer must establish and maintain a record as to 
the relevancy of such data to current job conditions.
    If there have been any employee complaints of symptoms which may be 
attributable to exposure to lead or if there is any other information or 
observations which would indicate employee exposure to lead, this must 
also be considered as part of the initial determination.
    If this initial determination shows that a reasonable possibility 
exists that any employee may be exposed, without regard to respirators, 
over the action level, your employer must set up an air monitoring 
program to determine the exposure level representative of each employee 
exposed to lead at your workplace. In carrying out this air monitoring 
program, your employer is not required to monitor the exposure of every 
employee, but he or she must monitor a representative number of 
employees and job types. Enough sampling must be done to enable each 
employee's exposure level to be reasonably represent full shift 
exposure. In addition, these air samples must be taken under conditions 
which represent each employee's regular, daily exposure to lead. 
Sampling performed in the past 12 months may be used to determine 
exposures above the action level if such sampling was conducted during 
work activities essentially similar to present work conditions.
    The standard lists certain tasks which may likely result in 
exposures to lead in excess of the PEL and, in some cases, exposures in 
excess of 50 times the PEL. If you are performing any of these tasks, 
your employer must provide you with appropriate respiratory protection, 
protective clothing and equipment, change areas, hand washing 
facilities, biological monitoring, and training until such time that an 
exposure assessment is conducted which demonstrates that your exposure 
level is below the PEL.
    If you are exposed to lead and air sampling is performed, your 
employer is required to notify you in writing within 5 working days of 
the air monitoring results which represent your exposure. If the results 
indicate that your exposure exceeds the PEL (without regard to your use 
of a respirator), then your employer must also notify you of this in 
writing, and provide you with a description of the corrective action 
that has been taken or will be taken to reduce your exposure.
    Your exposure must be rechecked by monitoring, at least every six 
months if your exposure is at or over the action level but below the 
PEL. Your employer may discontinue monitoring for you if 2 consecutive 
measurements, taken at least 7 days apart, are at or below the action 
level. Air monitoring must be repeated every 3 months if you are exposed 
over the PEL. Your employer must continue monitoring for you at this 
frequency until 2 consecutive measurements, taken at least 7 days apart, 
are below the PEL but above the action level, at which time your 
employer must repeat monitoring of your exposure every six months and 
may

[[Page 106]]

discontinue monitoring only after your exposure drops to or below the 
action level. However, whenever there is a change of equipment, process, 
control, or personnel or a new type of job is added at your workplace 
which may result in new or additional exposure to lead, your employer 
must perform additional monitoring.

                III. Methods of Compliance--Paragraph (E)

    Your employer is required to assure that no employee is exposed to 
lead in excess of the PEL as an 8-hour TWA. The interim final standard 
for lead in construction requires employers to institute engineering and 
work practice controls including administrative controls to the extent 
feasible to reduce employee exposure to lead. Where such controls are 
feasible but not adequate to reduce exposures below the PEL they must be 
used nonetheless to reduce exposures to the lowest level that can be 
accomplished by these means and then supplemented with appropriate 
respiratory protection.
    Your employer is required to develop and implement a written 
compliance program prior to the commencement of any job where employee 
exposures may reach the PEL as an 8-hour TWA. The interim final standard 
identifies the various elements that must be included in the plan. For 
example, employers are required to include a description of operations 
in which lead is emitted, detailing other relevant information about the 
operation such as the type of equipment used, the type of material 
involved, employee job responsibilities, operating procedures and 
maintenance practices. In addition, your employer's compliance plan must 
specify the means that will be used to achieve compliance and, where 
engineering controls are required, include any engineering plans or 
studies that have been used to select the control methods. If 
administrative controls involving job rotation are used to reduce 
employee exposure to lead, the job rotation schedule must be included in 
the compliance plan. The plan must also detail the type of protective 
clothing and equipment, including respirators, housekeeping and hygiene 
practices that will be used to protect you from the adverse effects of 
exposure to lead.
    The written compliance program must be made available, upon request, 
to affected employees and their designated representatives, the 
Assistant Secretary and the Director.
    Finally, the plan must be reviewed and updated at least every 6 
months to assure it reflects the current status in exposure control.

                IV. Respiratory Protection--Paragraph (F)

    Your employer is required to provide and assure your use of 
respirators when your exposure to lead is not controlled below the PEL 
by other means. The employer must pay the cost of the respirator. 
Whenever you request one, your employer is also required to provide you 
a respirator even if your air exposure level is not above the PEL. You 
might desire a respirator when, for example, you have received medical 
advice that your lead absorption should be decreased. Or, you may intend 
to have children in the near future, and want to reduce the level of 
lead in your body to minimize adverse reproductive effects. While 
respirators are the least satisfactory means of controlling your 
exposure, they are capable of providing significant protection if 
properly chosen, fitted, worn, cleaned, maintained, and replaced when 
they stop providing adequate protection.
    Your employer is required to select your respirator according to the 
requirements of 29 CFR 1926.62(f)(3), including the requirements 
referenced in 29 CFR 1910.134(d)(3)(i)(A) of this chapter. Any 
respirator chosen must be approved by NIOSH under the provisions of 42 
CFR part 84. These respirator selection references will enable your 
employer to choose a type of respirator that will give you a proper 
amount of protection based on your airborne lead exposure. Your employer 
may select a type of respirator that provides greater protection than 
that required by the standard; that is, one recommended for a higher 
concentration of lead than is present in your workplace. For example, a 
powered air-purifying respirator (PAPR) is much more protective than a 
typical negative pressure respirator, and may also be more comfortable 
to wear. A PAPR has a filter, cartridge, or canister to clean the air, 
and a power source that continuously blows filtered air into your 
breathing zone. Your employer might make a PAPR available to you to ease 
the burden of having to wear a respirator for long periods of time. The 
standard provides that you can obtain a PAPR upon request.
    Your employer must also start a Respiratory Protection Program. This 
program must include written procedures for the proper selection, use, 
cleaning, storage, and maintenance of respirators.
    Your employer must ensure that your respirator facepiece fits 
properly. Proper fit of a respirator facepiece is critical to your 
protection from airborne lead. Obtaining a proper fit on each employee 
may require your employer to make available several different types of 
respirator masks. To ensure that your respirator fits properly and that 
facepiece leakage is minimal, your employer must give you either a 
qualitative or quantitative fit test as specified in appendix A of the 
Respiratory Protection standard located at 29 CFR 1910.134.
    You must also receive from your employer proper training in the use 
of respirators. Your employer is required to teach you how to wear a 
respirator, to know why it is needed, and to understand its limitations.

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    The standard provides that if your respirator uses filter elements, 
you must be given an opportunity to change the filter elements whenever 
an increase in breathing resistance is detected. You also must be 
permitted to periodically leave your work area to wash your face and 
respirator facepiece whenever necessary to prevent skin irritation. If 
you ever have difficulty in breathing during a fit test or while using a 
respirator, your employer must make a medical examination available to 
you to determine whether you can safely wear a respirator. The result of 
this examination may be to give you a positive pressure respirator 
(which reduces breathing resistance) or to provide alternative means of 
protection.

        V. Protective Work Clothing and Equipment--Paragraph (G)

    If you are exposed to lead above the PEL as an 8-hour TWA, without 
regard to your use of a respirator, or if you are exposed to lead 
compounds such as lead arsenate or lead azide which can cause skin and 
eye irritation, your employer must provide you with protective work 
clothing and equipment appropriate for the hazard. If work clothing is 
provided, it must be provided in a clean and dry condition at least 
weekly, and daily if your airborne exposure to lead is greater than 200 
[micro]g/m\3\. Appropriate protective work clothing and equipment can 
include coveralls or similar full-body work clothing, gloves, hats, 
shoes or disposable shoe coverlets, and face shields or vented goggles. 
Your employer is required to provide all such equipment at no cost to 
you. In addition, your employer is responsible for providing repairs and 
replacement as necessary, and also is responsible for the cleaning, 
laundering or disposal of protective clothing and equipment.
    The interim final standard requires that your employer assure that 
you follow good work practices when you are working in areas where your 
exposure to lead may exceed the PEL. With respect to protective clothing 
and equipment, where appropriate, the following procedures should be 
observed prior to beginning work:
    1. Change into work clothing and shoe covers in the clean section of 
the designated changing areas;
    2. Use work garments of appropriate protective gear, including 
respirators before entering the work area; and
    3. Store any clothing not worn under protective clothing in the 
designated changing area.
    Workers should follow these procedures upon leaving the work area:
    1. HEPA vacuum heavily contaminated protective work clothing while 
it is still being worn. At no time may lead be removed from protective 
clothing by any means which result in uncontrolled dispersal of lead 
into the air;
    2. Remove shoe covers and leave them in the work area;
    3. Remove protective clothing and gear in the dirty area of the 
designated changing area. Remove protective coveralls by carefully 
rolling down the garment to reduce exposure to dust.
    4. Remove respirators last; and
    5. Wash hands and face.
    Workers should follow these procedures upon finishing work for the 
day (in addition to procedures described above):
    1. Where applicable, place disposal coveralls and shoe covers with 
the abatement waste;
    2. Contaminated clothing which is to be cleaned, laundered or 
disposed of must be placed in closed containers in the change room.
    3. Clean protective gear, including respirators, according to 
standard procedures;
    4. Wash hands and face again. If showers are available, take a 
shower and wash hair. If shower facilities are not available at the work 
site, shower immediately at home and wash hair.

                     VI. Housekeeping--Paragraph (H)

    Your employer must establish a housekeeping program sufficient to 
maintain all surfaces as free as practicable of accumulations of lead 
dust. Vacuuming is the preferred method of meeting this requirement, and 
the use of compressed air to clean floors and other surfaces is 
generally prohibited unless removal with compressed air is done in 
conjunction with ventilation systems designed to contain dispersal of 
the lead dust. Dry or wet sweeping, shoveling, or brushing may not be 
used except where vacuuming or other equally effective methods have been 
tried and do not work. Vacuums must be used equipped with a special 
filter called a high-efficiency particulate air (HEPA) filter and 
emptied in a manner which minimizes the reentry of lead into the 
workplace.

          VII. Hygiene Facilities and Practices--Paragraph (I)

    The standard requires that hand washing facilities be provided where 
occupational exposure to lead occurs. In addition, change areas, showers 
(where feasible), and lunchrooms or eating areas are to be made 
available to workers exposed to lead above the PEL. Your employer must 
assure that except in these facilities, food and beverage is not present 
or consumed, tobacco products are not present or used, and cosmetics are 
not applied, where airborne exposures are above the PEL. Change rooms 
provided by your employer must be equipped with separate storage 
facilities for your protective clothing and equipment and street clothes 
to

[[Page 108]]

avoid cross-contamination. After showering, no required protective 
clothing or equipment worn during the shift may be worn home. It is 
important that contaminated clothing or equipment be removed in change 
areas and not be worn home or you will extend your exposure and expose 
your family since lead from your clothing can accumulate in your house, 
car, etc.
    Lunchrooms or eating areas may not be entered with protective 
clothing or equipment unless surface dust has been removed by vacuuming, 
downdraft booth, or other cleaning method. Finally, workers exposed 
above the PEL must wash both their hands and faces prior to eating, 
drinking, smoking or applying cosmetics.
    All of the facilities and hygiene practices just discussed are 
essential to minimize additional sources of lead absorption from 
inhalation or ingestion of lead that may accumulate on you, your 
clothes, or your possessions. Strict compliance with these provisions 
can virtually eliminate several sources of lead exposure which 
significantly contribute to excessive lead absorption.

                VIII. Medical Surveillance--Paragraph (J)

    The medical surveillance program is part of the standard's 
comprehensive approach to the prevention of lead-related disease. Its 
purpose is to supplement the main thrust of the standard which is aimed 
at minimizing airborne concentrations of lead and sources of ingestion. 
Only medical surveillance can determine if the other provisions of the 
standard have affectively protected you as an individual. Compliance 
with the standard's provision will protect most workers from the adverse 
effects of lead exposure, but may not be satisfactory to protect 
individual workers (1) who have high body burdens of lead acquired over 
past years, (2) who have additional uncontrolled sources of non-
occupational lead exposure, (3) who exhibit unusual variations in lead 
absorption rates, or (4) who have specific non-work related medical 
conditions which could be aggravated by lead exposure (e.g., renal 
disease, anemia). In addition, control systems may fail, or hygiene and 
respirator programs may be inadequate. Periodic medical surveillance of 
individual workers will help detect those failures. Medical surveillance 
will also be important to protect your reproductive ability-regardless 
of whether you are a man or woman.
    All medical surveillance required by the interim final standard must 
be performed by or under the supervision of a licensed physician. The 
employer must provide required medical surveillance without cost to 
employees and at a reasonable time and place. The standard's medical 
surveillance program has two parts--periodic biological monitoring and 
medical examinations. Your employer's obligation to offer you medical 
surveillance is triggered by the results of the air monitoring program. 
Full medical surveillance must be made available to all employees who 
are or may be exposed to lead in excess of the action level for more 
than 30 days a year and whose blood lead level exceeds 40 [micro]g/dl. 
Initial medical surveillance consisting of blood sampling and analysis 
for lead and zinc protoporphyrin must be provided to all employees 
exposed at any time (1 day) above the action level.
    Biological monitoring under the standard must be provided at least 
every 2 months for the first 6 months and every 6 months thereafter 
until your blood lead level is below 40 [micro]g/dl. A zinc 
protoporphyrin (ZPP) test is a very useful blood test which measures an 
adverse metabolic effect of lead on your body and is therefore an 
indicator of lead toxicity.
    If your BLL exceeds 40 [micro]g/dl the monitoring frequency must be 
increased from every 6 months to at least every 2 months and not reduced 
until two consecutive BLLs indicate a blood lead level below 40 
[micro]g/dl. Each time your BLL is determined to be over 40 [micro]g/dl, 
your employer must notify you of this in writing within five working 
days of his or her receipt of the test results. The employer must also 
inform you that the standard requires temporary medical removal with 
economic protection when your BLL exceeds 50 [micro]g/dl. (See 
Discussion of Medical Removal Protection-Paragraph (k).) Anytime your 
BLL exceeds 50 [micro]g/dl your employer must make available to you 
within two weeks of receipt of these test results a second follow-up BLL 
test to confirm your BLL. If the two tests both exceed 50 [micro]g/dl, 
and you are temporarily removed, then your employer must make successive 
BLL tests available to you on a monthly basis during the period of your 
removal.
    Medical examinations beyond the initial one must be made available 
on an annual basis if your blood lead level exceeds 40 [micro]g/dl at 
any time during the preceding year and you are being exposed above the 
airborne action level of 30 [micro]g/m\3\ for 30 or more days per year. 
The initial examination will provide information to establish a baseline 
to which subsequent data can be compared.
    An initial medical examination to consist of blood sampling and 
analysis for lead and zinc protoporphyrin must also be made available 
(prior to assignment) for each employee being assigned for the first 
time to an area where the airborne concentration of lead equals or 
exceeds the action level at any time. In addition, a medical examination 
or consultation must be made available as soon as possible if you notify 
your employer that you are experiencing signs or symptoms commonly 
associated with lead poisoning or that you have difficulty breathing 
while wearing a respirator or during a respirator fit test. You must 
also be provided a medical examination or consultation if you notify

[[Page 109]]

your employer that you desire medical advice concerning the effects of 
current or past exposure to lead on your ability to procreate a healthy 
child.
    Finally, appropriate follow-up medical examinations or consultations 
may also be provided for employees who have been temporarily removed 
from exposure under the medical removal protection provisions of the 
standard. (See Part IX, below.)
    The standard specifies the minimum content of pre-assignment and 
annual medical examinations. The content of other types of medical 
examinations and consultations is left up to the sound discretion of the 
examining physician. Pre-assignment and annual medical examinations must 
include (1) a detailed work history and medical history; (2) a thorough 
physical examination, including an evaluation of your pulmonary status 
if you will be required to use a respirator; (3) a blood pressure 
measurement; and (4) a series of laboratory tests designed to check your 
blood chemistry and your kidney function. In addition, at any time upon 
your request, a laboratory evaluation of male fertility will be made 
(microscopic examination of a sperm sample), or a pregnancy test will be 
given.
    The standard does not require that you participate in any of the 
medical procedures, tests, etc. which your employer is required to make 
available to you. Medical surveillance can, however, play a very 
important role in protecting your health. You are strongly encouraged, 
therefore, to participate in a meaningful fashion. The standard contains 
a multiple physician review mechanism which will give you a chance to 
have a physician of your choice directly participate in the medical 
surveillance program. If you are dissatisfied with an examination by a 
physician chosen by your employer, you can select a second physician to 
conduct an independent analysis. The two doctors would attempt to 
resolve any differences of opinion, and select a third physician to 
resolve any firm dispute. Generally your employer will choose the 
physician who conducts medical surveillance under the lead standard-
unless you and your employer can agree on the choice of a physician or 
physicians. Some companies and unions have agreed in advance, for 
example, to use certain independent medical laboratories or panels of 
physicians. Any of these arrangements are acceptable so long as required 
medical surveillance is made available to workers.
    The standard requires your employer to provide certain information 
to a physician to aid in his or her examination of you. This information 
includes (1) the standard and its appendices, (2) a description of your 
duties as they relate to occupational lead exposure, (3) your exposure 
level or anticipated exposure level, (4) a description of any personal 
protective equipment you wear, (5) prior blood lead level results, and 
(6) prior written medical opinions concerning you that the employer has. 
After a medical examination or consultation the physician must prepare a 
written report which must contain (1) the physician's opinion as to 
whether you have any medical condition which places you at increased 
risk of material impairment to health from exposure to lead, (2) any 
recommended special protective measures to be provided to you, (3) any 
blood lead level determinations, and (4) any recommended limitation on 
your use of respirators. This last element must include a determination 
of whether you can wear a powered air purifying respirator (PAPR) if you 
are found unable to wear a negative pressure respirator.
    The medical surveillance program of the interim lead standard may at 
some point in time serve to notify certain workers that they have 
acquired a disease or other adverse medical condition as a result of 
occupational lead exposure. If this is true, these workers might have 
legal rights to compensation from public agencies, their employers, 
firms that supply hazardous products to their employers, or other 
persons. Some states have laws, including worker compensation laws, that 
disallow a worker who learns of a job-related health impairment to sue, 
unless the worker sues within a short period of time after learning of 
the impairment. (This period of time may be a matter of months or 
years.) An attorney can be consulted about these possibilities. It 
should be stressed that OSHA is in no way trying to either encourage or 
discourage claims or lawsuits. However, since results of the standard's 
medical surveillance program can significantly affect the legal remedies 
of a worker who has acquired a job-related disease or impairment, it is 
proper for OSHA to make you aware of this.
    The medical surveillance section of the standard also contains 
provisions dealing with chelation. Chelation is the use of certain drugs 
(administered in pill form or injected into the body) to reduce the 
amount of lead absorbed in body tissues. Experience accumulated by the 
medical and scientific communities has largely confirmed the 
effectiveness of this type of therapy for the treatment of very severe 
lead poisoning. On the other hand, it has also been established that 
there can be a long list of extremely harmful side effects associated 
with the use of chelating agents. The medical community has balanced the 
advantages and disadvantages resulting from the use of chelating agents 
in various circumstances and has established when the use of these 
agents is acceptable. The standard includes these accepted limitations 
due to a history of abuse of chelation therapy by some lead companies. 
The most widely used chelating agents are calcium disodium EDTA, (Ca Na2 
EDTA), Calcium Disodium Versenate (Versenate),

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and d-penicillamine (pencillamine or Cupramine).
    The standard prohibits ``prophylactic chelation'' of any employee by 
any person the employer retains, supervises or controls. Prophylactic 
chelation is the routine use of chelating or similarly acting drugs to 
prevent elevated blood levels in workers who are occupationally exposed 
to lead, or the use of these drugs to routinely lower blood lead levels 
to predesignated concentrations believed to be ``safe''. It should be 
emphasized that where an employer takes a worker who has no symptoms of 
lead poisoning and has chelation carried out by a physician (either 
inside or outside of a hospital) solely to reduce the worker's blood 
lead level, that will generally be considered prophylactic chelation. 
The use of a hospital and a physician does not mean that prophylactic 
chelation is not being performed. Routine chelation to prevent increased 
or reduce current blood lead levels is unacceptable whatever the 
setting.
    The standard allows the use of ``therapeutic'' or ``diagnostic'' 
chelation if administered under the supervision of a licensed physician 
in a clinical setting with thorough and appropriate medical monitoring. 
Therapeutic chelation responds to severe lead poisoning where there are 
marked symptoms. Diagnostic chelation involved giving a patient a dose 
of the drug then collecting all urine excreted for some period of time 
as an aid to the diagnosis of lead poisoning.
    In cases where the examining physician determines that chelation is 
appropriate, you must be notified in writing of this fact before such 
treatment. This will inform you of a potentially harmful treatment, and 
allow you to obtain a second opinion.

              IX. Medical Removal Protection--Paragraph (K)

    Excessive lead absorption subjects you to increased risk of disease. 
Medical removal protection (MRP) is a means of protecting you when, for 
whatever reasons, other methods, such as engineering controls, work 
practices, and respirators, have failed to provide the protection you 
need. MRP involves the temporary removal of a worker from his or her 
regular job to a place of significantly lower exposure without any loss 
of earnings, seniority, or other employment rights or benefits. The 
purpose of this program is to cease further lead absorption and allow 
your body to naturally excrete lead which has previously been absorbed. 
Temporary medical removal can result from an elevated blood lead level, 
or a medical opinion. For up to 18 months, or for as long as the job the 
employee was removed from lasts, protection is provided as a result of 
either form of removal. The vast majority of removed workers, however, 
will return to their former jobs long before this eighteen month period 
expires.
    You may also be removed from exposure even if your blood lead level 
is below 50 [micro]g/dl if a final medical determination indicates that 
you temporarily need reduced lead exposure for medical reasons. If the 
physician who is implementing your employers medical program makes a 
final written opinion recommending your removal or other special 
protective measures, your employer must implement the physician's 
recommendation. If you are removed in this manner, you may only be 
returned when the doctor indicates that it is safe for you to do so.
    The standard does not give specific instructions dealing with what 
an employer must do with a removed worker. Your job assignment upon 
removal is a matter for you, your employer and your union (if any) to 
work out consistent with existing procedures for job assignments. Each 
removal must be accomplished in a manner consistent with existing 
collective bargaining relationships. Your employer is given broad 
discretion to implement temporary removals so long as no attempt is made 
to override existing agreements. Similarly, a removed worker is provided 
no right to veto an employer's choice which satisfies the standard.
    In most cases, employers will likely transfer removed employees to 
other jobs with sufficiently low lead exposure. Alternatively, a 
worker's hours may be reduced so that the time weighted average exposure 
is reduced, or he or she may be temporarily laid off if no other 
alternative is feasible.
    In all of these situation, MRP benefits must be provided during the 
period of removal--i.e., you continue to receive the same earnings, 
seniority, and other rights and benefits you would have had if you had 
not been removed. Earnings includes more than just your base wage; it 
includes overtime, shift differentials, incentives, and other 
compensation you would have earned if you had not been removed. During 
the period of removal you must also be provided with appropriate follow-
up medical surveillance. If you were removed because your blood lead 
level was too high, you must be provided with a monthly blood test. If a 
medical opinion caused your removal, you must be provided medical tests 
or examinations that the doctor believes to be appropriate. If you do 
not participate in this follow up medical surveillance, you may lose 
your eligibility for MRP benefits.
    When you are medically eligible to return to your former job, your 
employer must return you to your ``former job status.'' This means that 
you are entitled to the position, wages, benefits, etc., you would have 
had if you had not been removed. If you would still be in your old job 
if no removal had occurred

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that is where you go back. If not, you are returned consistent with 
whatever job assignment discretion your employer would have had if no 
removal had occurred. MRP only seeks to maintain your rights, not expand 
them or diminish them.
    If you are removed under MRP and you are also eligible for worker 
compensation or other compensation for lost wages, your employer's MRP 
benefits obligation is reduced by the amount that you actually receive 
from these other sources. This is also true if you obtain other 
employment during the time you are laid off with MRP benefits.
    The standard also covers situations where an employer voluntarily 
removes a worker from exposure to lead due to the effects of lead on the 
employee's medical condition, even though the standard does not require 
removal. In these situations MRP benefits must still be provided as 
though the standard required removal. Finally, it is important to note 
that in all cases where removal is required, respirators cannot be used 
as a substitute. Respirators may be used before removal becomes 
necessary, but not as an alternative to a transfer to a low exposure 
job, or to a lay-off with MRP benefits.

           X. Employee Information and Training--Paragraph (L)

    Your employer is required to provide an information and training 
program for all employees exposed to lead above the action level or who 
may suffer skin or eye irritation from lead compounds such as lead 
arsenate or lead azide. The program must train these employees regarding 
the specific hazards associated with their work environment, protective 
measures which can be taken, including the contents of any compliance 
plan in effect, the danger of lead to their bodies (including their 
reproductive systems), and their rights under the standard. All 
employees must be trained prior to initial assignment to areas where 
there is a possibility of exposure over the action level.
    This training program must also be provided at least annually 
thereafter unless further exposure above the action level will not 
occur.

                        XI. Signs--Paragraph (M)

    The standard requires that the following warning sign be posted in 
work areas when the exposure to lead is above the PEL:

DANGER
LEAD WORK AREA
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA

    Prior to June 1, 2016, employers may use the following legend in 
lieu of that specified above:

WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING

                    XII. Recordkeeping--Paragraph (N)

    Your employer is required to keep all records of exposure monitoring 
for airborne lead. These records must include the name and job 
classification of employees measured, details of the sampling and 
analytical techniques, the results of this sampling, and the type of 
respiratory protection being worn by the person sampled. Such records 
are to be retained for at least 30 years. Your employer is also required 
to keep all records of biological monitoring and medical examination 
results. These records must include the names of the employees, the 
physician's written opinion, and a copy of the results of the 
examination. Medical records must be preserved and maintained for the 
duration of employment plus 30 years. However, if the employee's 
duration of employment is less than one year, the employer need not 
retain that employee's medical records beyond the period of employment 
if they are provided to the employee upon termination of employment.
    Recordkeeping is also required if you are temporarily removed from 
your job under the medical removal protection program. This record must 
include your name, the date of your removal and return, how the removal 
was or is being accomplished, and whether or not the reason for the 
removal was an elevated blood lead level. Your employer is required to 
keep each medical removal record only for as long as the duration of an 
employee's employment.
    The standard requires that if you request to see or copy 
environmental monitoring, blood lead level monitoring, or medical 
removal records, they must be made available to you or to a 
representative that you authorize. Your union also has access to these 
records. Medical records other than BLL's must also be provided upon 
request to you, to your physician or to any other person whom you may 
specifically designate. Your union does not have access to your personal 
medical records unless you authorize their access.

             XIII. Observation of Monitoring--Paragraph (O)

    When air monitoring for lead is performed at your workplace as 
required by this standard, your employer must allow you or someone you 
designate to act as an observer of the monitoring. Observers are 
entitled to an explanation of the measurement procedure,

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and to record the results obtained. Since results will not normally be 
available at the time of the monitoring, observers are entitled to 
record or receive the results of the monitoring when returned by the 
laboratory. Your employer is required to provide the observer with any 
personal protective devices required to be worn by employees working in 
the area that is being monitored. The employer must require the observer 
to wear all such equipment and to comply with all other applicable 
safety and health procedures.

                     XIV. For Additional Information

    A. A copy of the interim standard for lead in construction can be 
obtained free of charge by calling or writing the OSHA Office of 
Publications, room N-3101, United States Department of Labor, 
Washington, DC 20210: Telephone (202) 219-4667.
    B. Additional information about the standard, its enforcement, and 
your employer's compliance can be obtained from the nearest OSHA Area 
Office listed in your telephone directory under United States 
Government/Department of Labor.

      Appendix C to Sec.  1926.62--Medical Surveillance Guidelines

                              Introduction

    The primary purpose of the Occupational Safety and Health Act of 
1970 is to assure, so far as possible, safe and healthful working 
conditions for every working man and woman. The interim final 
occupational health standard for lead in construction is designed to 
protect workers exposed to inorganic lead including metallic lead, all 
inorganic lead compounds and organic lead soaps.
    Under this interim final standard occupational exposure to inorganic 
lead is to be limited to 50 [micro]g/m\3\ (micrograms per cubic meter) 
based on an 8 hour time-weighted average (TWA). This permissible 
exposure limit (PEL) must be achieved through a combination of 
engineering, work practice and administrative controls to the extent 
feasible. Where these controls are in place but are found not to reduce 
employee exposures to or below the PEL, they must be used nonetheless, 
and supplemented with respirators to meet the 50 [micro]g/m\3\ exposure 
limit.
    The standard also provides for a program of biological monitoring 
for employees exposed to lead above the action level at any time, and 
additional medical surveillance for all employees exposed to levels of 
inorganic lead above 30 [micro]g/m\3\ (TWA) for more than 30 days per 
year and whose BLL exceeds 40 [micro]g/dl.
    The purpose of this document is to outline the medical surveillance 
provisions of the interim standard for inorganic lead in construction, 
and to provide further information to the physician regarding the 
examination and evaluation of workers exposed to inorganic lead.
    Section 1 provides a detailed description of the monitoring 
procedure including the required frequency of blood testing for exposed 
workers, provisions for medical removal protection (MRP), the 
recommended right of the employee to a second medical opinion, and 
notification and recordkeeping requirements of the employer. A 
discussion of the requirements for respirator use and respirator 
monitoring and OSHA's position on prophylactic chelation therapy are 
also included in this section.
    Section 2 discusses the toxic effects and clinical manifestations of 
lead poisoning and effects of lead intoxication on enzymatic pathways in 
heme synthesis. The adverse effects on both male and female reproductive 
capacity and on the fetus are also discussed.
    Section 3 outlines the recommended medical evaluation of the worker 
exposed to inorganic lead, including details of the medical history, 
physical examination, and recommended laboratory tests, which are based 
on the toxic effects of lead as discussed in Section 2.
    Section 4 provides detailed information concerning the laboratory 
tests available for the monitoring of exposed workers. Included also is 
a discussion of the relative value of each test and the limitations and 
precautions which are necessary in the interpretation of the laboratory 
results.

I. Medical Surveillance and Monitoring Requirements for Workers Exposed 
                            to Inorganic Lead

    Under the interim final standard for inorganic lead in the 
construction industry, initial medical surveillance consisting of 
biological monitoring to include blood lead and ZPP level determination 
shall be provided to employees exposed to lead at or above the action 
level on any one day. In addition, a program of biological monitoring is 
to be made available to all employees exposed above the action level at 
any time and additional medical surveillance is to be made available to 
all employees exposed to lead above 30 [micro]g/m\3\ TWA for more than 
30 days each year and whose BLL exceeds 40 [micro]g/dl. This program 
consists of periodic blood sampling and medical evaluation to be 
performed on a schedule which is defined by previous laboratory results, 
worker complaints or concerns, and the clinical assessment of the 
examining physician.
    Under this program, the blood lead level (BLL) of all employees who 
are exposed to lead above 30 [micro]g/m\3\ for more than 30 days per 
year or whose blood lead is above 40 [micro]g/dl but exposed for no more 
than 30 days per year is to be determined at least every two months for 
the first six months of exposure and every six months thereafter. The 
frequency

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is increased to every two months for employees whose last blood lead 
level was 40 [micro]g/dl or above. For employees who are removed from 
exposure to lead due to an elevated blood lead, a new blood lead level 
must be measured monthly. A zinc protoporphyrin (ZPP) measurement is 
strongly recommended on each occasion that a blood lead level 
measurement is made.
    An annual medical examination and consultation performed under the 
guidelines discussed in Section 3 is to be made available to each 
employee exposed above 30 [micro]g/m\3\ for more than 30 days per year 
for whom a blood test conducted at any time during the preceding 12 
months indicated a blood lead level at or above 40 [micro]g/dl. Also, an 
examination is to be given to all employees prior to their assignment to 
an area in which airborne lead concentrations reach or exceed the 30 
[micro]g/m\3\ for more than 30 days per year. In addition, a medical 
examination must be provided as soon as possible after notification by 
an employee that the employee has developed signs or symptoms commonly 
associated with lead intoxication, that the employee desires medical 
advice regarding lead exposure and the ability to procreate a healthy 
child, or that the employee has demonstrated difficulty in breathing 
during a respirator fitting test or during respirator use. An 
examination is also to be made available to each employee removed from 
exposure to lead due to a risk of sustaining material impairment to 
health, or otherwise limited or specially protected pursuant to medical 
recommendations.
    Results of biological monitoring or the recommendations of an 
examining physician may necessitate removal of an employee from further 
lead exposure pursuant to the standard's medical removal protection 
(MRP) program. The object of the MRP program is to provide temporary 
medical removal to workers either with substantially elevated blood lead 
levels or otherwise at risk of sustaining material health impairment 
from continued substantial exposure to lead.
    Under the standard's ultimate worker removal criteria, a worker is 
to be removed from any work having an eight hour TWA exposure to lead of 
30 [micro]g/m\3\ when his or her blood lead level reaches 50 [micro]g/dl 
and is confirmed by a second follow-up blood lead level performed within 
two weeks after the employer receives the results of the first blood 
sampling test. Return of the employee to his or her job status depends 
on a worker's blood lead level declining to 40 [micro]g/dl.
    As part of the interim standard, the employer is required to notify 
in writing each employee whose blood lead level exceeds 40 [micro]g/dl. 
In addition each such employee is to be informed that the standard 
requires medical removal with MRP benefits, discussed below, when an 
employee's blood lead level exceeds the above defined limit.
    In addition to the above blood lead level criterion, temporary 
worker removal may also take place as a result of medical determinations 
and recommendations. Written medical opinions must be prepared after 
each examination pursuant to the standard. If the examining physician 
includes a medical finding, determination or opinion that the employee 
has a medical condition which places the employee at increased risk of 
material health impairment from exposure to lead, then the employee must 
be removed from exposure to lead at or above 30 [micro]g/m\3\. 
Alternatively, if the examining physician recommends special protective 
measures for an employee (e.g., use of a powered air purifying 
respirator) or recommends limitations on an employee's exposure to lead, 
then the employer must implement these recommendations.
    Recommendations may be more stringent than the specific provisions 
of the standard. The examining physician, therefore, is given broad 
flexibility to tailor special protective procedures to the needs of 
individual employees. This flexibility extends to the evaluation and 
management of pregnant workers and male and female workers who are 
planning to raise children. Based on the history, physical examination, 
and laboratory studies, the physician might recommend special protective 
measures or medical removal for an employee who is pregnant or who is 
planning to conceive a child when, in the physician's judgment, 
continued exposure to lead at the current job would pose a significant 
risk. The return of the employee to his or her former job status, or the 
removal of special protections or limitations, depends upon the 
examining physician determining that the employee is no longer at 
increased risk of material impairment or that special measures are no 
longer needed.
    During the period of any form of special protection or removal, the 
employer must maintain the worker's earnings, seniority, and other 
employment rights and benefits (as though the worker had not been 
removed) for a period of up to 18 months or for as long as the job the 
employee was removed from lasts if less than 18 months. This economic 
protection will maximize meaningful worker participation in the medical 
surveillance program, and is appropriate as part of the employer's 
overall obligation to provide a safe and healthful workplace. The 
provisions of MRP benefits during the employee's removal period may, 
however, be conditioned upon participation in medical surveillance.
    The lead standard provides for a multiple physician review in cases 
where the employee wishes a second opinion concerning potential lead 
poisoning or toxicity. If an employee wishes a second opinion, he or she 
can make an appointment with a physician

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of his or her choice. This second physician will review the findings, 
recommendations or determinations of the first physician and conduct any 
examinations, consultations or tests deemed necessary in an attempt to 
make a final medical determination. If the first and second physicians 
do not agree in their assessment they must try to resolve their 
differences. If they cannot reach an agreement then they must designate 
a third physician to resolve the dispute.
    The employer must provide examining and consulting physicians with 
the following specific information: A copy of the lead regulations and 
all appendices, a description of the employee's duties as related to 
exposure, the exposure level or anticipated level to lead and any other 
toxic substances (if applicable), a description of personal protective 
equipment used, blood lead levels, and all prior written medical 
opinions regarding the employee in the employer's possession or control. 
The employer must also obtain from the physician and provide the 
employee with a written medical opinion containing blood lead levels, 
the physicians's opinion as to whether the employee is at risk of 
material impairment to health, any recommended protective measures for 
the employee if further exposure is permitted, as well as any 
recommended limitations upon an employee's use of respirators.
    Employers must instruct each physician not to reveal to the employer 
in writing or in any other way his or her findings, laboratory results, 
or diagnoses which are felt to be unrelated to occupational lead 
exposure. They must also instruct each physician to advise the employee 
of any occupationally or non-occupationally related medical condition 
requiring further treatment or evaluation.
    The standard provides for the use of respirators where engineering 
and other primary controls are not effective. However, the use of 
respirator protection shall not be used in lieu of temporary medical 
removal due to elevated blood lead levels or findings that an employee 
is at risk of material health impairment. This is based on the numerous 
inadequacies of respirators including skin rash where the facepiece 
makes contact with the skin, unacceptable stress to breathing in some 
workers with underlying cardiopulmonary impairment, difficulty in 
providing adequate fit, the tendency for respirators to create 
additional hazards by interfering with vision, hearing, and mobility, 
and the difficulties of assuring the maximum effectiveness of a 
complicated work practice program involving respirators. Respirators do, 
however, serve a useful function where engineering and work practice 
controls are inadequate by providing supplementary, interim, or short-
term protection, provided they are properly selected for the environment 
in which the employee will be working, properly fitted to the employee, 
maintained and cleaned periodically, and worn by the employee when 
required.
    In its interim final standard on occupational exposure to inorganic 
lead in the construction industry, OSHA has prohibited prophylactic 
chelation. Diagnostic and therapeutic chelation are permitted only under 
the supervision of a licensed physician with appropriate medical 
monitoring in an acceptable clinical setting. The decision to initiate 
chelation therapy must be made on an individual basis and take into 
account the severity of symptoms felt to be a result of lead toxicity 
along with blood lead levels, ZPP levels, and other laboratory tests as 
appropriate. EDTA and penicillamine which are the primary chelating 
agents used in the therapy of occupational lead poisoning have 
significant potential side effects and their use must be justified on 
the basis of expected benefits to the worker. Unless frank and severe 
symptoms are present, therapeutic chelation is not recommended, given 
the opportunity to remove a worker from exposure and allow the body to 
naturally excrete accumulated lead. As a diagnostic aid, the chelation 
mobilization test using CA-EDTA has limited applicability. According to 
some investigators, the test can differentiate between lead-induced and 
other nephropathies. The test may also provide an estimation of the 
mobile fraction of the total body lead burden.
    Employers are required to assure that accurate records are 
maintained on exposure assessment, including environmental monitoring, 
medical surveillance, and medical removal for each employee. Exposure 
assessment records must be kept for at least 30 years. Medical 
surveillance records must be kept for the duration of employment plus 30 
years except in cases where the employment was less than one year. If 
duration of employment is less than one year, the employer need not 
retain this record beyond the term of employment if the record is 
provided to the employee upon termination of employment. Medical removal 
records also must be maintained for the duration of employment. All 
records required under the standard must be made available upon request 
to the Assistant Secretary of Labor for Occupational Safety and Health 
and the Director of the National Institute for Occupational Safety and 
Health. Employers must also make environmental and biological monitoring 
and medical removal records available to affected employees and to 
former employees or their authorized employee representatives. Employees 
or their specifically designated representatives have access to their 
entire medical surveillance records.
    In addition, the standard requires that the employer inform all 
workers exposed to lead at or above 30 [micro]g/m\3\ of the provisions 
of the standard and all its appendices, the purpose

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and description of medical surveillance and provisions for medical 
removal protection if temporary removal is required. An understanding of 
the potential health effects of lead exposure by all exposed employees 
along with full understanding of their rights under the lead standard is 
essential for an effective monitoring program.

              II. Adverse Health Effects of Inorganic Lead

    Although the toxicity of lead has been known for 2,000 years, the 
knowledge of the complex relationship between lead exposure and human 
response is still being refined. Significant research into the toxic 
properties of lead continues throughout the world, and it should be 
anticipated that our understanding of thresholds of effects and margins 
of safety will be improved in future years. The provisions of the lead 
standard are founded on two prime medical judgments: First, the 
prevention of adverse health effects from exposure to lead throughout a 
working lifetime requires that worker blood lead levels be maintained at 
or below 40 [micro]g/dl and second, the blood lead levels of workers, 
male or female, who intend to parent in the near future should be 
maintained below 30 [micro]g/dl to minimize adverse reproductive health 
effects to the parents and developing fetus. The adverse effects of lead 
on reproduction are being actively researched and OSHA encourages the 
physician to remain abreast of recent developments in the area to best 
advise pregnant workers or workers planning to conceive children.
    The spectrum of health effects caused by lead exposure can be 
subdivided into five developmental stages: Normal, physiological changes 
of uncertain significance, pathophysiological changes, overt symptoms 
(morbidity), and mortality. Within this process there are no sharp 
distinctions, but rather a continuum of effects. Boundaries between 
categories overlap due to the wide variation of individual responses and 
exposures in the working population. OSHA's development of the lead 
standard focused on pathophysiological changes as well as later stages 
of disease.
    1. Heme Synthesis Inhibition. The earliest demonstrated effect of 
lead involves its ability to inhibit at least two enzymes of the heme 
synthesis pathway at very low blood levels. Inhibition of delta 
aminolevulinic acid dehydrase (ALA-D) which catalyzes the conversion of 
delta-aminolevulinic acid (ALA) to protoporphyrin is observed at a blood 
lead level below 20 [micro]g/dl. At a blood lead level of 40 [micro]g/
dl, more than 20% of the population would have 70% inhibition of ALA-D. 
There is an exponential increase in ALA excretion at blood lead levels 
greater than 40 [micro]g/dl.
    Another enzyme, ferrochelatase, is also inhibited at low blood lead 
levels. Inhibition of ferrochelatase leads to increased free erythrocyte 
protoporphyrin (FEP) in the blood which can then bind to zinc to yield 
zinc protoporphyrin. At a blood lead level of 50 [micro]g/dl or greater, 
nearly 100% of the population will have an increase in FEP. There is 
also an exponential relationship between blood lead levels greater than 
40 [micro]g/dl and the associated ZPP level, which has led to the 
development of the ZPP screening test for lead exposure.
    While the significance of these effects is subject to debate, it is 
OSHA's position that these enzyme disturbances are early stages of a 
disease process which may eventually result in the clinical symptoms of 
lead poisoning. Whether or not the effects do progress to the later 
stages of clinical disease, disruption of these enzyme processes over a 
working lifetime is considered to be a material impairment of health.
    One of the eventual results of lead-induced inhibition of enzymes in 
the heme synthesis pathway is anemia which can be asymptomatic if mild 
but associated with a wide array of symptoms including dizziness, 
fatigue, and tachycardia when more severe. Studies have indicated that 
lead levels as low as 50 [micro]g/dl can be associated with a definite 
decreased hemoglobin, although most cases of lead-induced anemia, as 
well as shortened red-cell survival times, occur at lead levels 
exceeding 80 [micro]g/dl. Inhibited hemoglobin synthesis is more common 
in chronic cases whereas shortened erythrocyte life span is more common 
in acute cases.
    In lead-induced anemias, there is usually a reticulocytosis along 
with the presence of basophilic stippling, and ringed sideroblasts, 
although none of the above are pathognomonic for lead-induced anemia.
    2. Neurological Effects. Inorganic lead has been found to have toxic 
effects on both the central and peripheral nervous systems. The earliest 
stages of lead-induced central nervous system effects first manifest 
themselves in the form of behavioral disturbances and central nervous 
system symptoms including irritability, restlessness, insomnia and other 
sleep disturbances, fatigue, vertigo, headache, poor memory, tremor, 
depression, and apathy. With more severe exposure, symptoms can progress 
to drowsiness, stupor, hallucinations, delirium, convulsions and coma.
    The most severe and acute form of lead poisoning which usually 
follows ingestion or inhalation of large amounts of lead is acute 
encephalopathy which may arise precipitously with the onset of 
intractable seizures, coma, cardiorespiratory arrest, and death within 
48 hours.
    While there is disagreement about what exposure levels are needed to 
produce the earliest symptoms, most experts agree that symptoms 
definitely can occur at blood lead levels of 60 [micro]g/dl whole blood 
and therefore recommend a 40 [micro]g/dl maximum. The central

[[Page 116]]

nervous system effects frequently are not reversible following 
discontinued exposure or chelation therapy and when improvement does 
occur, it is almost always only partial.
    The peripheral neuropathy resulting from lead exposure 
characteristically involves only motor function with minimal sensory 
damage and has a marked predilection for the extensor muscles of the 
most active extremity. The peripheral neuropathy can occur with varying 
degrees of severity. The earliest and mildest form which can be detected 
in workers with blood lead levels as low as 50 [micro]g/dl is manifested 
by slowing of motor nerve conduction velocity often without clinical 
symptoms. With progression of the neuropathy there is development of 
painless extensor muscle weakness usually involving the extensor muscles 
of the fingers and hand in the most active upper extremity, followed in 
severe cases by wrist drop or, much less commonly, foot drop.
    In addition to slowing of nerve conduction, electromyographical 
studies in patients with blood lead levels greater than 50 [micro]g/dl 
have demonstrated a decrease in the number of acting motor unit 
potentials, an increase in the duration of motor unit potentials, and 
spontaneous pathological activity including fibrillations and 
fasciculations. Whether these effects occur at levels of 40 [micro]g/dl 
is undetermined.
    While the peripheral neuropathies can occasionally be reversed with 
therapy, again such recovery is not assured particularly in the more 
severe neuropathies and often improvement is only partial. The lack of 
reversibility is felt to be due in part to segmental demyelination.
    3. Gastrointestinal. Lead may also affect the gastrointestinal 
system producing abdominal colic or diffuse abdominal pain, 
constipation, obstipation, diarrhea, anorexia, nausea and vomiting. Lead 
colic rarely develops at blood lead levels below 80 [micro]g/dl.
    4. Renal. Renal toxicity represents one of the most serious health 
effects of lead poisoning. In the early stages of disease nuclear 
inclusion bodies can frequently be identified in proximal renal tubular 
cells. Renal function remains normal and the changes in this stage are 
probably reversible. With more advanced disease there is progressive 
interstitial fibrosis and impaired renal function. Eventually extensive 
interstitial fibrosis ensues with sclerotic glomeruli and dilated and 
atrophied proximal tubules; all represent end stage kidney disease. 
Azotemia can be progressive, eventually resulting in frank uremia 
necessitating dialysis. There is occasionally associated hypertension 
and hyperuricemia with or without gout.
    Early kidney disease is difficult to detect. The urinalysis is 
normal in early lead nephropathy and the blood urea nitrogen and serum 
creatinine increase only when two-thirds of kidney function is lost. 
Measurement of creatinine clearance can often detect earlier disease as 
can other methods of measurement of glomerular filtration rate. An 
abnormal Ca-EDTA mobilization test has been used to differentiate 
between lead-induced and other nephropathies, but this procedure is not 
widely accepted. A form of Fanconi syndrome with aminoaciduria, 
glycosuria, and hyperphosphaturia indicating severe injury to the 
proximal renal tubules is occasionally seen in children.
    5. Reproductive effects. Exposure to lead can have serious effects 
on reproductive function in both males and females. In male workers 
exposed to lead there can be a decrease in sexual drive, impotence, 
decreased ability to produce healthy sperm, and sterility. Malformed 
sperm (teratospermia), decreased number of sperm (hypospermia), and 
sperm with decreased motility (asthenospermia) can all occur. 
Teratospermia has been noted at mean blood lead levels of 53 [micro]g/dl 
and hypospermia and asthenospermia at 41 [micro]g/dl. Furthermore, there 
appears to be a dose-response relationship for teratospermia in lead 
exposed workers.
    Women exposed to lead may experience menstrual disturbances 
including dysmenorrhea, menorrhagia and amenorrhea. Following exposure 
to lead, women have a higher frequency of sterility, premature births, 
spontaneous miscarriages, and stillbirths.
    Germ cells can be affected by lead and cause genetic damage in the 
egg or sperm cells before conception and result in failure to implant, 
miscarriage, stillbirth, or birth defects.
    Infants of mothers with lead poisoning have a higher mortality 
during the first year and suffer from lowered birth weights, slower 
growth, and nervous system disorders.
    Lead can pass through the placental barrier and lead levels in the 
mother's blood are comparable to concentrations of lead in the umbilical 
cord at birth. Transplacental passage becomes detectable at 12-14 weeks 
of gestation and increases until birth.
    There is little direct data on damage to the fetus from exposure to 
lead but it is generally assumed that the fetus and newborn would be at 
least as susceptible to neurological damage as young children. Blood 
lead levels of 50-60 [micro]g/dl in children can cause significant 
neurobehavioral impairments and there is evidence of hyperactivity at 
blood levels as low as 25 [micro]g/dl. Given the overall body of 
literature concerning the adverse health effects of lead in children, 
OSHA feels that the blood lead level in children should be maintained 
below 30 [micro]g/dl with a population mean of 15 [micro]g/dl. Blood 
lead levels in the fetus and newborn likewise should not exceed 30 
[micro]g/dl.
    Because of lead's ability to pass through the placental barrier and 
also because of the

[[Page 117]]

demonstrated adverse effects of lead on reproductive function in both 
the male and female as well as the risk of genetic damage of lead on 
both the ovum and sperm, OSHA recommends a 30 [micro]g/dl maximum 
permissible blood lead level in both males and females who wish to bear 
children.
    6. Other toxic effects. Debate and research continue on the effects 
of lead on the human body. Hypertension has frequently been noted in 
occupationally exposed individuals although it is difficult to assess 
whether this is due to lead's adverse effects on the kidney or if some 
other mechanism is involved. Vascular and electrocardiographic changes 
have been detected but have not been well characterized. Lead is thought 
to impair thyroid function and interfere with the pituitary-adrenal 
axis, but again these effects have not been well defined.

                         III. Medical Evaluation

    The most important principle in evaluating a worker for any 
occupational disease including lead poisoning is a high index of 
suspicion on the part of the examining physician. As discussed in 
Section 2, lead can affect numerous organ systems and produce a wide 
array of signs and symptoms, most of which are non-specific and subtle 
in nature at least in the early stages of disease. Unless serious 
concern for lead toxicity is present, many of the early clues to 
diagnosis may easily be overlooked.
    The crucial initial step in the medical evaluation is recognizing 
that a worker's employment can result in exposure to lead. The worker 
will frequently be able to define exposures to lead and lead containing 
materials but often will not volunteer this information unless 
specifically asked. In other situations the worker may not know of any 
exposures to lead but the suspicion might be raised on the part of the 
physician because of the industry or occupation of the worker. Potential 
occupational exposure to lead and its compounds occur in many 
occupations in the construction industry, including demolition and 
salvaging operations, removal or encapsulation of materials containing 
lead, construction, alteration, repair or renovation of structures 
containing lead, transportation, disposal, storage or containment of 
lead or lead-containing materials on construction sites, and maintenance 
operations associated with construction activities.
    Once the possibility for lead exposure is raised, the focus can then 
be directed toward eliciting information from the medical history, 
physical exam, and finally from laboratory data to evaluate the worker 
for potential lead toxicity.
    A complete and detailed work history is important in the initial 
evaluation. A listing of all previous employment with information on job 
description, exposure to fumes or dust, known exposures to lead or other 
toxic substances, a description of any personal protective equipment 
used, and previous medical surveillance should all be included in the 
worker's record. Where exposure to lead is suspected, information 
concerning on-the-job personal hygiene, smoking or eating habits in work 
areas, laundry procedures, and use of any protective clothing or 
respiratory protection equipment should be noted. A complete work 
history is essential in the medical evaluation of a worker with 
suspected lead toxicity, especially when long term effects such as 
neurotoxicity and nephrotoxicity are considered.
    The medical history is also of fundamental importance and should 
include a listing of all past and current medical conditions, current 
medications including proprietary drug intake, previous surgeries and 
hospitalizations, allergies, smoking history, alcohol consumption, and 
also non-occupational lead exposures such as hobbies (hunting, riflery). 
Also known childhood exposures should be elicited. Any previous history 
of hematological, neurological, gastrointestinal, renal, psychological, 
gynecological, genetic, or reproductive problems should be specifically 
noted.
    A careful and complete review of systems must be performed to assess 
both recognized complaints and subtle or slowly acquired symptoms which 
the worker might not appreciate as being significant. The review of 
symptoms should include the following:
    1. General--weight loss, fatigue, decreased appetite.
    2. Head, Eyes, Ears, Nose, Throat (HEENT)--headaches, visual 
disturbances or decreased visual acuity, hearing deficits or tinnitus, 
pigmentation of the oral mucosa, or metallic taste in mouth.
    3. Cardio-pulmonary--shortness of breath, cough, chest pains, 
palpitations, or orthopnea.
    4. Gastrointestinal--nausea, vomiting, heartburn, abdominal pain, 
constipation or diarrhea.
    5. Neurologic--irritability, insomnia, weakness (fatigue), 
dizziness, loss of memory, confusion, hallucinations, incoordination, 
ataxia, decreased strength in hands or feet, disturbances in gait, 
difficulty in climbing stairs, or seizures.
    6. Hematologic--pallor, easy fatigability, abnormal blood loss, 
melena.
    7. Reproductive (male and female and spouse where relevant)--history 
of infertility, impotence, loss of libido, abnormal menstrual periods, 
history of miscarriages, stillbirths, or children with birth defects.
    8. Musculo-skeletal--muscle and joint pains.
    The physical examination should emphasize the neurological, 
gastrointestinal, and cardiovascular systems. The worker's weight and 
blood pressure should be recorded and the oral mucosa checked for 
pigmentation

[[Page 118]]

characteristic of a possible Burtonian or lead line on the gingiva. It 
should be noted, however, that the lead line may not be present even in 
severe lead poisoning if good oral hygiene is practiced.
    The presence of pallor on skin examination may indicate an anemia 
which, if severe, might also be associated with a tachycardia. If an 
anemia is suspected, an active search for blood loss should be 
undertaken including potential blood loss through the gastrointestinal 
tract.
    A complete neurological examination should include an adequate 
mental status evaluation including a search for behavioral and 
psychological disturbances, memory testing, evaluation for irritability, 
insomnia, hallucinations, and mental clouding. Gait and coordination 
should be examined along with close observation for tremor. A detailed 
evaluation of peripheral nerve function including careful sensory and 
motor function testing is warranted. Strength testing particularly of 
extensor muscle groups of all extremities is of fundamental importance.
    Cranial nerve evaluation should also be included in the routine 
examination.
    The abdominal examination should include auscultation for bowel 
sounds and abdominal bruits and palpation for organomegaly, masses, and 
diffuse abdominal tenderness.
    Cardiovascular examination should evaluate possible early signs of 
congestive heart failure. Pulmonary status should be addressed 
particularly if respirator protection is contemplated.
    As part of the medical evaluation, the interim lead standard 
requires the following laboratory studies:

    1. Blood lead level
    2. Hemoglobin and hematocrit determinations, red cell indices, and 
examination of the peripheral blood smear to evaluate red blood cell 
morphology
    3. Blood urea nitrogen
    4. Serum creatinine
    5. Routine urinalysis with microscopic examination.
    6. A zinc protoporphyrin level.

    In addition to the above, the physician is authorized to order any 
further laboratory or other tests which he or she deems necessary in 
accordance with sound medical practice. The evaluation must also include 
pregnancy testing or laboratory evaluation of male fertility if 
requested by the employee. Additional tests which are probably not 
warranted on a routine basis but may be appropriate when blood lead and 
ZPP levels are equivocal include delta aminolevulinic acid and 
coproporphyrin concentrations in the urine, and dark-field illumination 
for detection of basophilic stippling in red blood cells.
    If an anemia is detected further studies including a careful 
examination of the peripheral smear, reticulocyte count, stool for 
occult blood, serum iron, total iron binding capacity, bilirubin, and, 
if appropriate, vitamin B12 and folate may be of value in attempting to 
identify the cause of the anemia.
    If a peripheral neuropathy is suspected, nerve conduction studies 
are warranted both for diagnosis and as a basis to monitor any therapy.
    If renal disease is questioned, a 24 hour urine collection for 
creatinine clearance, protein, and electrolytes may be indicated. 
Elevated uric acid levels may result from lead-induced renal disease and 
a serum uric acid level might be performed.
    An electrocardiogram and chest x-ray may be obtained as deemed 
appropriate.
    Sophisticated and highly specialized testing should not be done 
routinely and where indicated should be under the direction of a 
specialist.

                        IV. Laboratory Evaluation

    The blood lead level at present remains the single most important 
test to monitor lead exposure and is the test used in the medical 
surveillance program under the lead standard to guide employee medical 
removal. The ZPP has several advantages over the blood lead level. 
Because of its relatively recent development and the lack of extensive 
data concerning its interpretation, the ZPP currently remains an 
ancillary test.
    This section will discuss the blood lead level and ZPP in detail and 
will outline their relative advantages and disadvantages. Other blood 
tests currently available to evaluate lead exposure will also be 
reviewed.
    The blood lead level is a good index of current or recent lead 
absorption when there is no anemia present and when the worker has not 
taken any chelating agents. However, blood lead levels along with 
urinary lead levels do not necessarily indicate the total body burden of 
lead and are not adequate measures of past exposure. One reason for this 
is that lead has a high affinity for bone and up to 90% of the body's 
total lead is deposited there. A very important component of the total 
lead body burden is lead in soft tissue (liver, kidney, and brain). This 
fraction of the lead body burden, the biologically active lead, is not 
entirely reflected by blood lead levels since it is a function of the 
dynamics of lead absorption, distribution, deposition in bone and 
excretion. Following discontinuation of exposure to lead, the excess 
body burden is only slowly mobilized from bone and other relatively 
stable body stores and excreted. Consequently, a high blood lead level 
may only represent recent heavy exposure to lead without a significant 
total body excess and likewise a low blood lead level does not exclude 
an elevated total body burden of lead.

[[Page 119]]

    Also due to its correlation with recent exposures, the blood lead 
level may vary considerably over short time intervals.
    To minimize laboratory error and erroneous results due to 
contamination, blood specimens must be carefully collected after 
thorough cleaning of the skin with appropriate methods using lead-free 
blood containers and analyzed by a reliable laboratory. Under the 
standard, samples must be analyzed in laboratories which are approved by 
OSHA. Analysis is to be made using atomic absorption spectrophotometry, 
anodic stripping voltammetry or any method which meets the accuracy 
requirements set forth by the standard.
    The determination of lead in urine is generally considered a less 
reliable monitoring technique than analysis of whole blood primarily due 
to individual variability in urinary excretion capacity as well as the 
technical difficulty of obtaining accurate 24 hour urine collections. In 
addition, workers with renal insufficiency, whether due to lead or some 
other cause, may have decreased lead clearance and consequently urine 
lead levels may underestimate the true lead burden. Therefore, urine 
lead levels should not be used as a routine test.
    The zinc protoporphyrin test, unlike the blood lead determination, 
measures an adverse metabolic effect of lead and as such is a better 
indicator of lead toxicity than the level of blood lead itself. The 
level of ZPP reflects lead absorption over the preceding 3 to 4 months, 
and therefore is a better indicator of lead body burden. The ZPP 
requires more time than the blood lead to read significantly elevated 
levels; the return to normal after discontinuing lead exposure is also 
slower. Furthermore, the ZPP test is simpler, faster, and less expensive 
to perform and no contamination is possible. Many investigators believe 
it is the most reliable means of monitoring chronic lead absorption.
    Zinc protoporphyrin results from the inhibition of the enzyme 
ferrochelatase which catalyzes the insertion of an iron molecule into 
the protoporphyrin molecule, which then becomes heme. If iron is not 
inserted into the molecule then zinc, having a greater affinity for 
protoporphyrin, takes the place of the iron, forming ZPP.
    An elevation in the level of circulating ZPP may occur at blood lead 
levels as low as 20-30 [micro]g/dl in some workers. Once the blood lead 
level has reached 40 [micro]g/dl there is more marked rise in the ZPP 
value from its normal range of less than 100 [micro]g/dl100 ml. 
Increases in blood lead levels beyond 40 [micro]g/100 g are associated 
with exponential increases in ZPP.
    Whereas blood lead levels fluctuate over short time spans, ZPP 
levels remain relatively stable. ZPP is measured directly in red blood 
cells and is present for the cell's entire 120 day life-span. Therefore, 
the ZPP level in blood reflects the average ZPP production over the 
previous 3-4 months and consequently the average lead exposure during 
that time interval.
    It is recommended that a hematocrit be determined whenever a 
confirmed ZPP of 50 [micro]g/100 ml whole blood is obtained to rule out 
a significant underlying anemia. If the ZPP is in excess of 100 
[micro]g/100 ml and not associated with abnormal elevations in blood 
lead levels, the laboratory should be checked to be sure that blood 
leads were determined using atomic absorption spectrophotometry anodic 
stripping voltammetry, or any method which meets the accuracy 
requirements set forth by the standard by an OSHA approved laboratory 
which is experienced in lead level determinations. Repeat periodic blood 
lead studies should be obtained in all individuals with elevated ZPP 
levels to be certain that an associated elevated blood lead level has 
not been missed due to transient fluctuations in blood leads.
    ZPP has a characteristic fluorescence spectrum with a peak at 594 nm 
which is detectable with a hematofluorimeter. The hematofluorimeter is 
accurate and portable and can provide on-site, instantaneous results for 
workers who can be frequently tested via a finger prick.
    However, careful attention must be given to calibration and quality 
control procedures. Limited data on blood lead-ZPP correlations and the 
ZPP levels which are associated with the adverse health effects 
discussed in Section 2 are the major limitations of the test. Also it is 
difficult to correlate ZPP levels with environmental exposure and there 
is some variation of response with age and sex. Nevertheless, the ZPP 
promises to be an important diagnostic test for the early detection of 
lead toxicity and its value will increase as more data is collected 
regarding its relationship to other manifestations of lead poisoning.
    Levels of delta-aminolevulinic acid (ALA) in the urine are also used 
as a measure of lead exposure. Increasing concentrations of ALA are 
believed to result from the inhibition of the enzyme delta-
aminolevulinic acid dehydrase (ALA-D). Although the test is relatively 
easy to perform, inexpensive, and rapid, the disadvantages include 
variability in results, the necessity to collect a complete 24 hour 
urine sample which has a specific gravity greater than 1.010, and also 
the fact that ALA decomposes in the presence of light.
    The pattern of porphyrin excretion in the urine can also be helpful 
in identifying lead intoxication. With lead poisoning, the urine 
concentrations of coproporphyrins I and II, porphobilinogen and 
uroporphyrin I rise. The most important increase, however, is that of 
coproporphyrin III; levels may exceed 5,000 [micro]g/l in the urine in 
lead poisoned individuals,

[[Page 120]]

but its correlation with blood lead levels and ZPP are not as good as 
those of ALA. Increases in urinary porphyrins are not diagnostic of lead 
toxicity and may be seen in porphyria, some liver diseases, and in 
patients with high reticulocyte counts.
    Summary. The Occupational Safety and Health Administration's interim 
standard for inorganic lead in the construction industry places 
significant emphasis on the medical surveillance of all workers exposed 
to levels of inorganic lead above 30 [micro]g/m\3\ TWA. The physician 
has a fundamental role in this surveillance program, and in the 
operation of the medical removal protection program.
    Even with adequate worker education on the adverse health effects of 
lead and appropriate training in work practices, personal hygiene and 
other control measures, the physician has a primary responsibility for 
evaluating potential lead toxicity in the worker. It is only through a 
careful and detailed medical and work history, a complete physical 
examination and appropriate laboratory testing that an accurate 
assessment can be made. Many of the adverse health effects of lead 
toxicity are either irreversible or only partially reversible and 
therefore early detection of disease is very important.
    This document outlines the medical monitoring program as defined by 
the occupational safety and health standard for inorganic lead. It 
reviews the adverse health effects of lead poisoning and describes the 
important elements of the history and physical examinations as they 
relate to these adverse effects. Finally, the appropriate laboratory 
testing for evaluating lead exposure and toxicity is presented.
    It is hoped that this review and discussion will give the physician 
a better understanding of the OSHA standard with the ultimate goal of 
protecting the health and well-being of the worker exposed to lead under 
his or her care.

[58 FR 26627, May 4, 1993, as amended at 58 FR 34218, June 24, 1993; 61 
FR 5510, Feb. 13, 1996; 63 FR 1296, Jan. 8, 1998; 70 FR 1143, Jan. 5, 
2005; 71 FR 16674, Apr. 3, 2006; 71 FR 50191, Aug. 24, 2006; 73 FR 
75588, Dec. 12, 2008; 76 FR 33611, June 8, 2011; 76 FR 80741, Dec. 27, 
2011; 77 FR 17890, Mar. 26, 2012; 85 FR 8735, Feb. 18, 2020; 87 FR 
38986, June 30, 2022]



Sec.  1926.64  Process safety management of highly hazardous chemicals.

    For requirements regarding the process safety management of highly 
hazardous chemicals as it pertains to construction work, follow the 
requirements in 29 CFR 1910.119.

[84 FR 21576, May 14, 2019]



Sec.  1926.65  Hazardous waste operations and emergency response.

    (a) Scope, application, and definitions--(1) Scope. This section 
covers the following operations, unless the employer can demonstrate 
that the operation does not involve employee exposure or the reasonable 
possibility for employee exposure to safety or health hazards:
    (i) Clean-up operations required by a governmental body, whether 
Federal, state, local or other involving hazardous substances that are 
conducted at uncontrolled hazardous waste sites (including, but not 
limited to, the EPA's National Priority Site List (NPL), state priority 
site lists, sites recommended for the EPA NPL, and initial 
investigations of government identified sites which are conducted before 
the presence or absence of hazardous substances has been ascertained);
    (ii) Corrective actions involving clean-up operations at sites 
covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as 
amended (42 U.S.C. 6901 et seq.);
    (iii) Voluntary clean-up operations at sites recognized by Federal, 
state, local or other governmental bodies as uncontrolled hazardous 
waste sites;
    (iv) Operations involving hazardous wastes that are conducted at 
treatment, storage, and disposal (TSD) facilities regulated by 40 CFR 
parts 264 and 265 pursuant to RCRA; or by agencies under agreement with 
U.S.E.P.A. to implement RCRA regulations; and
    (v) Emergency response operations for releases of, or substantial 
threats of releases of, hazardous substances without regard to the 
location of the hazard.
    (2) Application. (i) All requirements of 29 CFR parts 1910 and 1926 
apply pursuant to their terms to hazardous waste and emergency response 
operations whether covered by this section or not. If there is a 
conflict or overlap, the provision more protective of employee safety 
and health shall apply without regard to 29 CFR 1926.20(e).
    (ii) Hazardous substance clean-up operations within the scope of 
paragraphs (a)(1)(i) through (a)(1)(iii) of this section must comply 
with all paragraphs of this section except paragraphs (p) and (q).

[[Page 121]]

    (iii) Operations within the scope of paragraph (a)(1)(iv) of this 
section must comply only with the requirements of paragraph (p) of this 
section.

    Notes and Exceptions: (A) All provisions of paragraph (p) of this 
section cover any treatment, storage or disposal (TSD) operation 
regulated by 40 CFR parts 264 and 265 or by state law authorized under 
RCRA, and required to have a permit or interim status from EPA pursuant 
to 40 CFR 270.1 or from a state agency pursuant to RCRA.
    (B) Employers who are not required to have a permit or interim 
status because they are conditionally exempt small quantity generators 
under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for 
exemptions from regulation under 40 CFR parts 264, 265 and 270 
(``excepted employers'') are not covered by paragraphs (p)(1) through 
(p)(7) of this section. Excepted employers who are required by the EPA 
or state agency to have their employees engage in emergency response or 
who direct their employees to engage in emergency response are covered 
by paragraph (p)(8) of this section, and cannot be exempted by (p)(8)(i) 
of this section. Excepted employers who are not required to have 
employees engage in emergency response, who direct their employees to 
evacuate in the case of such emergencies and who meet the requirements 
of paragraph (p)(8)(i) of this section are exempt from the balance of 
paragraph (p)(8) of this section.
    (C) If an area is used primarily for treatment, storage or disposal, 
any emergency response operations in that area shall comply with 
paragraph (p)(8) of this section. In other areas not used primarily for 
treatment, storage, or disposal, any emergency response operations shall 
comply with paragraph (q) of this section. Compliance with the 
requirements of paragraph (q) of this section shall be deemed to be in 
compliance with the requirements of paragraph (p)(8) of this section.

    (iv) Emergency response operations for releases of, or substantial 
threats of releases of, hazardous substances which are not covered by 
paragraphs (a)(1)(i) through (a)(1)(iv) of this section must only comply 
with the requirements of paragraph (q) of this section.
    (3) Definitions--Buddy system means a system of organizing employees 
into work groups in such a manner that each employee of the work group 
is designated to be observed by at least one other employee in the work 
group. The purpose of the buddy system is to provide rapid assistance to 
employees in the event of an emergency.
    Clean-up operation means an operation where hazardous substances are 
removed, contained, incinerated, neutralized, stabilized, cleared-up, or 
in any other manner processed or handled with the ultimate goal of 
making the site safer for people or the environment.
    Decontamination means the removal of hazardous substances from 
employees and their equipment to the extent necessary to preclude the 
occurrence of foreseeable adverse health affects.
    Emergency response or responding to emergencies means a response 
effort by employees from outside the immediate release area or by other 
designated responders (i.e., mutual-aid groups, local fire departments, 
etc.) to an occurrence which results, or is likely to result, in an 
uncontrolled release of a hazardous substance. Responses to incidental 
releases of hazardous substances where the substance can be absorbed, 
neutralized, or otherwise controlled at the time of release by employees 
in the immediate release area, or by maintenance personnel are not 
considered to be emergency responses within the scope of this standard. 
Responses to releases of hazardous substances where there is no 
potential safety or health hazard (i.e., fire, explosion, or chemical 
exposure) are not considered to be emergency responses.
    Facility means (A) any building, structure, installation, equipment, 
pipe or pipeline (including any pipe into a sewer or publicly owned 
treatment works), well, pit, pond, lagoon, impoundment, ditch, storage 
container, motor vehicle, rolling stock, or aircraft, or (B) any site or 
area where a hazardous substance has been deposited, stored, disposed 
of, or placed, or otherwise come to be located; but does not include any 
consumer product in consumer use or any water-borne vessel.
    Hazardous materials response (HAZMAT) team means an organized group 
of employees, designated by the employer, who are expected to perform 
work to handle and control actual or potential leaks or spills of 
hazardous substances requiring possible close approach to the substance. 
The team members perform responses to releases

[[Page 122]]

or potential releases of hazardous substances for the purpose of control 
or stabilization of the incident. A HAZMAT team is not a fire brigade 
nor is a typical fire brigade a HAZMAT team. A HAZMAT team, however, may 
be a separate component of a fire brigade or fire department.
    Hazardous substance means any substance designated or listed under 
paragraphs (A) through (D) of this definition, exposure to which results 
or may result in adverse affects on the health or safety of employees:
    (A) Any substance defined under section 101(14) of CERCLA;
    (B) Any biological agent and other disease-causing agent which after 
release into the environment and upon exposure, ingestion, inhalation, 
or assimilation into any person, either directly from the environment or 
indirectly by ingestion through food chains, will or may reasonably be 
anticipated to cause death, disease, behavioral abnormalities, cancer, 
genetic mutation, physiological malfunctions (including malfunctions in 
reproduction) or physical deformations in such persons or their 
offspring;
    (C) Any substance listed by the U.S. Department of Transportation as 
hazardous materials under 49 CFR 172.101 and appendices; and
    (D) Hazardous waste as herein defined.
    Hazardous waste means--(A) A waste or combination of wastes as 
defined in 40 CFR 261.3, or
    (B) Those substances defined as hazardous wastes in 49 CFR 171.8.
    Hazardous waste operation means any operation conducted within the 
scope of this standard.
    Hazardous waste site or Site means any facility or location within 
the scope of this standard at which hazardous waste operations take 
place.
    Health hazard means a chemical or a pathogen where acute or chronic 
health effects may occur in exposed employees. It also includes stress 
due to temperature extremes. The term health hazard includes chemicals 
that are classified in accordance with the Hazard Communication 
Standard, Sec.  1910.1200, as posing one of the following hazardous 
effects: acute toxicity (any route of exposure); skin corrosion or 
irritation; serious eye damage or eye irritation; respiratory or skin 
sensitization; germ cell mutagenicity; carcinogenicity; reproductive 
toxicity; specific target organ toxicity (single or repeated exposure); 
aspiration toxicity or simple asphyxiant. (See Appendix A to Sec.  
1910.1200--Health Hazard Criteria (Mandatory) for the criteria for 
determining whether a chemical is classified as a health hazard.)
    IDLH or Immediately dangerous to life or health means an atmospheric 
concentration of any toxic, corrosive or asphyxiant substance that poses 
an immediate threat to life or would cause irreversible or delayed 
adverse health effects or would interfere with an individual's ability 
to escape from a dangerous atmosphere.
    Oxygen deficiency means that concentration of oxygen by volume below 
which atmosphere supplying respiratory protection must be provided. It 
exists in atmospheres where the percentage of oxygen by volume is less 
than 19.5 percent oxygen.
    Permissible exposure limit means the exposure, inhalation or dermal 
permissible exposure limit specified either in Sec.  1926.55, elsewhere 
in subpart D, or in other pertinent sections of this part.
    Published exposure level means the exposure limits published in 
``NIOSH Recommendations for Occupational Health Standards'' dated 1986 
incorporated by reference, or if none is specified, the exposure limits 
published in the standards specified by the American Conference of 
Governmental Industrial Hygienists in their publication ``Threshold 
Limit Values and Biological Exposure Indices for 1987-88'' dated 1987 
incorporated by reference.
    Post emergency response means that portion of an emergency response 
performed after the immediate threat of a release has been stabilized or 
eliminated and clean-up of the site has begun. If post emergency 
response is performed by an employer's own employees who were part of 
the initial emergency response, it is considered to be part of the 
initial response and not post emergency response. However, if a group of 
an employer's own employees,

[[Page 123]]

separate from the group providing initial response, performs the clean-
up operation, then the separate group of employees would be considered 
to be performing post-emergency response and subject to paragraph 
(q)(11) of this section.
    Qualified person means a person with specific training, knowledge 
and experience in the area for which the person has the responsibility 
and the authority to control.
    Site safety and health supervisor (or official) means the individual 
located on a hazardous waste site who is responsible to the employer and 
has the authority and knowledge necessary to implement the site safety 
and health plan and verify compliance with applicable safety and health 
requirements.
    Small quantity generator means a generator of hazardous wastes who 
in any calendar month generates no more than 1,000 kilograms (2,205 
pounds) of hazardous waste in that month.
    Uncontrolled hazardous waste site, means an area identified as an 
uncontrolled hazardous waste site by a governmental body, whether 
Federal, state, local or other where an accumulation of hazardous 
substances creates a threat to the health and safety of individuals or 
the environment or both. Some sites are found on public lands such as 
those created by former municipal, county or state landfills where 
illegal or poorly managed waste disposal has taken place. Other sites 
are found on private property, often belonging to generators or former 
generators of hazardous substance wastes. Examples of such sites 
include, but are not limited to, surface impoundments, landfills, dumps, 
and tank or drum farms. Normal operations at TSD sites are not covered 
by this definition.
    (b) Safety and health program.

    Note to (b): Safety and health programs developed and implemented to 
meet other Federal, state, or local regulations are considered 
acceptable in meeting this requirement if they cover or are modified to 
cover the topics required in this paragraph. An additional or separate 
safety and health program is not required by this paragraph.

    (1) General. (i) Employers shall develop and implement a written 
safety and health program for their employees involved in hazardous 
waste operations. The program shall be designed to identify, evaluate, 
and control safety and health hazards, and provide for emergency 
response for hazardous waste operations.
    (ii) The written safety and health program shall incorporate the 
following:
    (A) An organizational structure;
    (B) A comprehensive workplan;
    (C) A site-specific safety and health plan which need not repeat the 
employer's standard operating procedures required in paragraph 
(b)(1)(ii)(F) of this section;
    (D) The safety and health training program;
    (E) The medical surveillance program;
    (F) The employer's standard operating procedures for safety and 
health; and
    (G) Any necessary interface between general program and site 
specific activities.
    (iii) Site excavation. Site excavations created during initial site 
preparation or during hazardous waste operations shall be shored or 
sloped as appropriate to prevent accidental collapse in accordance with 
subpart P of 29 CFR part 1926.
    (iv) Contractors and sub-contractors. An employer who retains 
contractor or sub-contractor services for work in hazardous waste 
operations shall inform those contractors, sub-contractors, or their 
representatives of the site emergency response procedures and any 
potential fire, explosion, health, safety or other hazards of the 
hazardous waste operation that have been identified by the employer, 
including those identified in the employer's information program.
    (v) Program availability. The written safety and health program 
shall be made available to any contractor or subcontractor or their 
representative who will be involved with the hazardous waste operation; 
to employees; to employee designated representatives; to OSHA personnel, 
and to personnel of other Federal, state, or local agencies with 
regulatory authority over the site.
    (2) Organizational structure part of the site program. (i) The 
organizationa1

[[Page 124]]

structure part of the program shall establish the specific chain of 
command and specify the overall responsibilities of supervisors and 
employees. It shall include, at a minimum, the following elements:
    (A) A general supervisor who has the responsibility and authority to 
direct all hazardous waste operations.
    (B) A site safety and health supervisor who has the responsibility 
and authority to develop and implement the site safety and health plan 
and verify compliance.
    (C) All other personnel needed for hazardous waste site operations 
and emergency response and their general functions and responsibilities.
    (D) The lines of authority, responsibility, and communication.
    (ii) The organizational structure shall be reviewed and updated as 
necessary to reflect the current status of waste site operations.
    (3) Comprehensive workplan part of the site program. The 
comprehensive workplan part of the program shall address the tasks and 
objectives of the site operations and the logistics and resources 
required to reach those tasks and objectives.
    (i) The comprehensive workplan shall address anticipated clean-up 
activities as well as normal operating procedures which need not repeat 
the employer's procedures available elsewhere.
    (ii) The comprehensive workplan shall define work tasks and 
objectives and identify the methods for accomplishing those tasks and 
objectives.
    (iii) The comprehensive workplan shall establish personnel 
requirements for implementing the plan.
    (iv) The comprehensive workplan shall provide for the implementation 
of the training required in paragraph (e) of this section.
    (v) The comprehensive workplan shall provide for the implementation 
of the required informational programs required in paragraph (i) of this 
section.
    (vi) The comprehensive workplan shall provide for the implementation 
of the medical surveillance program described in paragraph (f) of this 
section.
    (4) Site-specific safety and health plan part of the program--(i) 
General. The site safety and health plan, which must be kept on site, 
shall address the safety and health hazards of each phase of site 
operation and include the requirements and procedures for employee 
protection.
    (ii) Elements. The site safety and health plan, as a minimum, shall 
address the following:
    (A) A safety and health risk or hazard analysis for each site task 
and operation found in the workplan.
    (B) Employee training assignments to assure compliance with 
paragraph (e) of this section.
    (C) Personal protective equipment to be used by employees for each 
of the site tasks and operations being conducted as required by the 
personal protective equipment program in paragraph (g)(5) of this 
section.
    (D) Medical surveillance requirements in accordance with the program 
in paragraph (f) of this section.
    (E) Frequency and types of air monitoring, personnel monitoring, and 
environmental sampling techniques and instrumentation to be used, 
including methods of maintenance and calibration of monitoring and 
sampling equipment to be used.
    (F) Site control measures in accordance with the site control 
program required in paragraph (d) of this section.
    (G) Decontamination procedures in accordance with paragraph (k) of 
this section.
    (H) An emergency response plan meeting the requirements of paragraph 
(l) of this section for safe and effective responses to emergencies, 
including the necessary PPE and other equipment.
    (I) Confined space entry procedures.
    (J) A spill containment program meeting the requirements of 
paragraph (j) of this section.
    (iii) Pre-entry briefing. The site specific safety and health plan 
shall provide for pre-entry briefings to be held prior to initiating any 
site activity, and at such other times as necessary to ensure that 
employees are apprised of the site safety and health plan and that this 
plan is being followed. The information and data obtained from site 
characterization and analysis work required in paragraph (c) of this 
section shall be used to prepare and update the site safety and health 
plan.

[[Page 125]]

    (iv) Effectiveness of site safety and health plan. Inspections shall 
be conducted by the site safety and health supervisor or, in the absence 
of that individual, another individual who is knowledgeable in 
occupational safety and health, acting on behalf of the employer as 
necessary to determine the effectiveness of the site safety and health 
plan. Any deficiencies in the effectiveness of the site safety and 
health plan shall be corrected by the employer.
    (c) Site characterization and analysis--(1) General. Hazardous waste 
sites shall be evaluated in accordance with this paragraph to identify 
specific site hazards and to determine the appropriate safety and health 
control procedures needed to protect employees from the identified 
hazards.
    (2) Preliminary evaluation. A preliminary evaluation of a site's 
characteristics shall be performed prior to site entry by a qualified 
person in order to aid in the selection of appropriate employee 
protection methods prior to site entry. Immediately after initial site 
entry, a more detailed evaluation of the site's specific characteristics 
shall be performed by a qualified person in order to further identify 
existing site hazards and to further aid in the selection of the 
appropriate engineering controls and personal protective equipment for 
the tasks to be performed.
    (3) Hazard identification. All suspected conditions that may pose 
inhalation or skin absorption hazards that are immediately dangerous to 
life or health (IDLH), or other conditions that may cause death or 
serious harm, shall be identified during the preliminary survey and 
evaluated during the detailed survey. Examples of such hazards include, 
but are not limited to, confined space entry, potentially explosive or 
flammable situations, visible vapor clouds, or areas where biological 
indicators such as dead animals or vegetation are located.
    (4) Required information. The following information to the extent 
available shall be obtained by the employer prior to allowing employees 
to enter a site:
    (i) Location and approximate size of the site.
    (ii) Description of the response activity and/or the job task to be 
performed.
    (iii) Duration of the planned employee activity.
    (iv) Site topography and accessibility by air and roads.
    (v) Safety and health hazards expected at the site.
    (vi) Pathways for hazardous substance dispersion.
    (vii) Present status and capabilities of emergency response teams 
that would provide assistance to hazardous waste clean-up site employees 
at the time of an emergency.
    (viii) Hazardous substances and health hazards involved or expected 
at the site, and their chemical and physical properties.
    (5) Personal protective equipment. Personal protective equipment 
(PPE) shall be provided and used during initial site entry in accordance 
with the following requirements:
    (i) Based upon the results of the preliminary site evaluation, an 
ensemble of PPE shall be selected and used during initial site entry 
which will provide protection to a level of exposure below permissible 
exposure limits and published exposure levels for known or suspected 
hazardous substances and health hazards, and which will provide 
protection against other known and suspected hazards identified during 
the preliminary site evaluation. If there is no permissible exposure 
limit or published exposure level, the employer may use other published 
studies and information as a guide to appropriate personal protective 
equipment.
    (ii) If positive-pressure self-contained breathing apparatus is not 
used as part of the entry ensemble, and if respiratory protection is 
warranted by the potential hazards identified during the preliminary 
site evaluation, an escape self-contained breathing apparatus of at 
least five minute's duration shall be carried by employees during 
initial site entry.
    (iii) If the preliminary site evaluation does not produce sufficient 
information to identify the hazards or suspected hazards of the site, an 
ensemble providing protection equivalent to Level B PPE shall be 
provided as minimum protection, and direct reading

[[Page 126]]

instruments shall be used as appropriate for identifying IDLH 
conditions. (See appendix B for a description of Level B hazards and the 
recommendations for Level B protective equipment.)
    (iv) Once the hazards of the site have been identified, the 
appropriate PPE shall be selected and used in accordance with paragraph 
(g) of this section.
    (6) Monitoring. The following monitoring shall be conducted during 
initial site entry when the site evaluation produces information that 
shows the potential for ionizing radiation or IDLH conditions, or when 
the site information is not sufficient reasonably to eliminate these 
possible conditions:
    (i) Monitoring with direct reading instruments for hazardous levels 
of ionizing radiation.
    (ii) Monitoring the air with appropriate direct reading test 
equipment (i.e., combustible gas meters, detector tubes) for IDLH and 
other conditions that may cause death or serious harm (combustible or 
explosive atmospheres, oxygen deficiency, toxic substances).
    (iii) Visually observing for signs of actual or potential IDLH or 
other dangerous conditions.
    (iv) An ongoing air monitoring program in accordance with paragraph 
(h) of this section shall be implemented after site characterization has 
determined the site is safe for the start-up of operations.
    (7) Risk identification. Once the presence and concentrations of 
specific hazardous substances and health hazards have been established, 
the risks associated with these substances shall be identified. 
Employees who will be working on the site shall be informed of any risks 
that have been identified. In situations covered by the Hazard 
Communication Standard, 29 CFR 1926.59, training required by that 
standard need not be duplicated.

    Note to (c)(7). Risks to consider include, but are not limited to:
    (a) Exposures exceeding the permissible exposure limits and 
published exposure levels.
    (b) IDLH concentrations.
    (c) Potential skin absorption and irritation sources.
    (d) Potential eye irritation sources.
    (e) Explosion sensitivity and flammability ranges.
    (f) Oxygen deficiency.

    (8) Employee notification. Any information concerning the chemical, 
physical, and toxicologic properties of each substance known or expected 
to be present on site that is available to the employer and relevant to 
the duties an employee is expected to perform shall be made available to 
the affected employees prior to the commencement of their work 
activities. The employer may utilize information developed for the 
hazard communication standard for this purpose.
    (d) Site control--(1) General. Appropriate site control procedures 
shall be implemented to control employee exposure to hazardous 
substances before clean-up work begins.
    (2) Site control program. A site control program for protecting 
employees which is part of the employer's site safety and health program 
required in paragraph (b) of this section shall be developed during the 
planning stages of a hazardous waste clean-up operation and modified as 
necessary as new information becomes available.
    (3) Elements of the site control program. The site control program 
shall, as a minimum, include: A site map; site work zones; the use of a 
``buddy system''; site communications including alerting means for 
emergencies; the standard operating procedures or safe work practices; 
and, identification of the nearest medical assistance. Where these 
requirements are covered elsewhere they need not be repeated.
    (e) Training--(1) General. (i) All employees working on site (such 
as but not limited to equipment operators, general laborers and others) 
exposed to hazardous substances, health hazards, or safety hazards and 
their supervisors and management responsible for the site shall receive 
training meeting the requirements of this paragraph before they are 
permitted to engage in hazardous waste operations that could expose them 
to hazardous substances, safety, or health hazards, and they shall 
receive review training as specified in this paragraph.
    (ii) Employees shall not be permitted to participate in or supervise 
field activities until they have been trained to a level required by 
their job function and responsibility.

[[Page 127]]

    (2) Elements to be covered. The training shall thoroughly cover the 
following:
    (i) Names of personnel and alternates responsible for site safety 
and health;
    (ii) Safety, health and other hazards present on the site;
    (iii) Use of personal protective equipment;
    (iv) Work practices by which the employee can minimize risks from 
hazards;
    (v) Safe use of engineering controls and equipment on the site;
    (vi) Medical surveillance requirements, including recognition of 
symptoms and signs which might indicate overexposure to hazards; and
    (vii) The contents of paragraphs (G) through (J) of the site safety 
and health plan set forth in paragraph (b)(4)(ii) of this section.
    (3) Initial training. (i) General site workers (such as equipment 
operators, general laborers and supervisory personnel) engaged in 
hazardous substance removal or other activities which expose or 
potentially expose workers to hazardous substances and health hazards 
shall receive a minimum of 40 hours of instruction off the site, and a 
minimum of three days actual field experience under the direct 
supervision of a trained, experienced supervisor.
    (ii) Workers on site only occasionally for a specific limited task 
(such as, but not limited to, ground water monitoring, land surveying, 
or geo-physical surveying) and who are unlikely to be exposed over 
permissible exposure limits and published exposure limits shall receive 
a minimum of 24 hours of instruction off the site, and the minimum of 
one day actual field experience under the direct supervision of a 
trained, experienced supervisor.
    (iii) Workers regularly on site who work in areas which have been 
monitored and fully characterized indicating that exposures are under 
permissible exposure limits and published exposure limits where 
respirators are not necessary, and the characterization indicates that 
there are no health hazards or the possibility of an emergency 
developing, shall receive a minimum of 24 hours of instruction off the 
site and the minimum of one day actual field experience under the direct 
supervision of a trained, experienced supervisor.
    (iv) Workers with 24 hours of training who are covered by paragraphs 
(e)(3)(ii) and (e)(3)(iii) of this section, and who become general site 
workers or who are required to wear respirators, shall have the 
additional 16 hours and two days of training necessary to total the 
training specified in paragraph (e)(3)(i).
    (4) Management and supervisor training. On-site management and 
supervisors directly responsible for, or who supervise employees engaged 
in, hazardous waste operations shall receive 40 hours initial training, 
and three days of supervised field experience (the training may be 
reduced to 24 hours and one day if the only area of their responsibility 
is employees covered by paragraphs (e)(3)(ii) and (e)(3)(iii)) and at 
least eight additional hours of specialized training at the time of job 
assignment on such topics as, but not limited to, the employer's safety 
and health program and the associated employee training program, 
personal protective equipment program, spill containment program, and 
health hazard monitoring procedure and techniques.
    (5) Qualifications for trainers. Trainers shall be qualified to 
instruct employees about the subject matter that is being presented in 
training. Such trainers shall have satisfactorily completed a training 
program for teaching the subjects they are expected to teach, or they 
shall have the academic credentials and instructional experience 
necessary for teaching the subjects. Instructors shall demonstrate 
competent instructional skills and knowledge of the applicable subject 
matter.
    (6) Training certification. Employees and supervisors that have 
received and successfully completed the training and field experience 
specified in paragraphs (e)(1) through (e)(4) of this section shall be 
certified by their instructor or the head instructor and trained 
supervisor as having successfully completed the necessary training. A 
written certificate shall be given to each person so certified. Any 
person who has not been so certified or who does not meet the 
requirements of paragraph (e)(9) of this section shall be prohibited 
from engaging in hazardous waste operations.

[[Page 128]]

    (7) Emergency response. Employees who are engaged in responding to 
hazardous emergency situations at hazardous waste clean-up sites that 
may expose them to hazardous substances shall be trained in how to 
respond to such expected emergencies.
    (8) Refresher training. Employees specified in paragraph (e)(1) of 
this section, and managers and supervisors specified in paragraph (e)(4) 
of this section, shall receive eight hours of refresher training 
annually on the items specified in paragraph (e)(2) and/or (e)(4) of 
this section, any critique of incidents that have occurred in the past 
year that can serve as training examples of related work, and other 
relevant topics.
    (9) Equivalent training. Employers who can show by documentation or 
certification that an employee's work experience and/or training has 
resulted in training equivalent to that training required in paragraphs 
(e)(1) through (e)(4) of this section shall not be required to provide 
the initial training requirements of those paragraphs to such employees 
and shall provide a copy of the certification or documentation to the 
employee upon request. However, certified employees or employees with 
equivalent training new to a site shall receive appropriate, site 
specific training before site entry and have appropriate supervised 
field experience at the new site. Equivalent training includes any 
academic training or the training that existing employees might have 
already received from actual hazardous waste site work experience.
    (f) Medical surveillance--(1) General. Employers engaged in 
operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this 
section and not covered by (a)(2)(iii) exceptions and employers of 
employees specified in paragraph (q)(9) shall institute a medical 
surveillance program in accordance with this paragraph.
    (2) Employees covered. The medical surveillance program shall be 
instituted by the employer for the following employees:
    (i) All employees who are or may be exposed to hazardous substances 
or health hazards at or above the permissible exposure limits or, if 
there is no permissible exposure limit, above the published exposure 
levels for these substances, without regard to the use of respirators, 
for 30 days or more a year;
    (ii) All employees who wear a respirator for 30 days or more a year 
or as required by Sec.  1926.103;
    (iii) All employees who are injured, become ill or develop signs or 
symptoms due to possible overexposure involving hazardous substances or 
health hazards from an emergency response or hazardous waste operation; 
and
    (iv) Members of HAZMAT teams.
    (3) Frequency of medical examinations and consultations. Medical 
examinations and consultations shall be made available by the employer 
to each employee covered under paragraph (f)(2) of this section on the 
following schedules:
    (i) For employees covered under paragraphs (f)(2)(i), (f)(2)(ii), 
and (f)(2)(iv):
    (A) Prior to assignment;
    (B) At least once every twelve months for each employee covered 
unless the attending physician believes a longer interval (not greater 
than biennially) is appropriate;
    (C) At termination of employment or reassignment to an area where 
the employee would not be covered if the employee has not had an 
examination within the last six months;
    (D) As soon as possible upon notification by an employee that the 
employee has developed signs or symptoms indicating possible 
overexposure to hazardous substances or health hazards, or that the 
employee has been injured or exposed above the permissible exposure 
limits or published exposure levels in an emergency situation;
    (E) At more frequent times, if the examining physician determines 
that an increased frequency of examination is medically necessary.
    (ii) For employees covered under paragraph (f)(2)(iii) and for all 
employees including those of employers covered by paragraph (a)(1)(v) 
who may have been injured, received a health impairment, developed signs 
or symptoms which may have resulted from exposure to hazardous 
substances resulting from an emergency incident, or exposed during an 
emergency incident to hazardous substances at concentrations above the 
permissible exposure limits or the published exposure levels

[[Page 129]]

without the necessary personal protective equipment being used:
    (A) As soon as possible following the emergency incident or 
development of signs or symptoms;
    (B) At additional times, if the examining physician determines that 
follow-up examinations or consultations are medically necessary.
    (4) Content of medical examinations and consultations. (i) Medical 
examinations required by paragraph (f)(3) of this section shall include 
a medical and work history (or updated history if one is in the 
employee's file) with special emphasis on symptoms related to the 
handling of hazardous substances and health hazards, and to fitness for 
duty including the ability to wear any required PPE under conditions 
(i.e., temperature extremes) that may be expected at the work site.
    (ii) The content of medical examinations or consultations made 
available to employees pursuant to paragraph (f) shall be determined by 
the attending physician. The guidelines in the Occupational Safety and 
Health Guidance Manual for Hazardous Waste Site Activities (See appendix 
D, Reference 10) should be consulted.
    (5) Examination bv a physician and costs. All medical examinations 
and procedures shall be performed by or under the supervision of a 
licensed physician, preferably one knowledgeable in occupational 
medicine, and shall be provided without cost to the employee, without 
loss of pay, and at a reasonable time and place.
    (6) Information provided to the physician. The employer shall 
provide one copy of this standard and its appendices to the attending 
physician, and in addition the following for each employee:
    (i) A description of the employee's duties as they relate to the 
employee's exposures.
    (ii) The employee's exposure levels or anticipated exposure levels.
    (iii) A description of any personal protective equipment used or to 
be used.
    (iv) Information from previous medical examinations of the employee 
which is not readily available to the examining physician.
    (v) Information required by Sec.  1926.103.
    (7) Physician's written opinion. (i) The employer shall obtain and 
furnish the employee with a copy of a written opinion from the attending 
physician containing the following:
    (A) The physician's opinion as to whether the employee has any 
detected medical conditions which would place the employee at increased 
risk of material impairment of the employee's health from work in 
hazardous waste operations or emergency response, or from respirator 
use.
    (B) The physician's recommended limitations upon the employee's 
assigned work.
    (C) The results of the medical examination and tests if requested by 
the employee.
    (D) A statement that the employee has been informed by the physician 
of the results of the medical examination and any medical conditions 
which require further examination or treatment.
    (ii) The written opinion obtained by the employer shall not reveal 
specific findings or diagnoses unrelated to occupational exposures.
    (8) Recordkeeping. (i) An accurate record of the medical 
surveillance required by paragraph (f) of this section shall be 
retained. This record shall be retained for the period specified and 
meet the criteria of 29 CFR 1926.33.
    (ii) The record required in paragraph (f)(8)(i) of this section 
shall include at least the following information:
    (A) The name of the employee;
    (B) Physician's written opinions, recommended limitations, and 
results of examinations and tests;
    (C) Any employee medical complaints related to exposure to hazardous 
substances;
    (D) A copy of the information provided to the examining physician by 
the employer, with the exception of the standard and its appendices.
    (g) Engineering controls, work practices, and personal protective 
equipment for employee protection. Engineering controls, work practices, 
personal protective equipment, or a combination of these shall be 
implemented in accordance with this paragraph to protect employees from 
exposure to hazardous substances and safety and health hazards.

[[Page 130]]

    (1) Engineering controls, work practices and PPE for substances 
regulated either in Sec.  1926.55, elsewhere in subpart D, or in other 
pertinent sections of this part. (i) Engineering controls and work 
practices shall be instituted to reduce and maintain employee exposure 
to or below the permissible exposure limits for substances regulated 
either in Sec.  1926.55 or other pertinent sections of this part, except 
to the extent that such controls and practices are not feasible.

    Note to (g)(1)(i): Engineering controls which may be feasible 
include the use of pressurized cabs or control booths on equipment, and/
or the use of remotely operated material handling equipment. Work 
practices which may be feasible are removing all non-essential employees 
from potential exposure during opening of drums, wetting down dusty 
operations and locating employees upwind of possible hazards.
    (ii) Whenever engineering controls and work practices are not 
feasible or not required, any reasonable combination of engineering 
controls, work practices and PPE shall be used to reduce and maintain 
employee exposures to or below the permissible exposure limits or dose 
limits for substances regulated either in Sec.  1926.55 or other 
pertinent sections of this part.
    (iii) The employer shall not implement a schedule of employee 
rotation as a means of compliance with permissible exposure limits or 
dose limits except when there is no other feasible way of complying with 
the airborne or dermal dose limits for ionizing radiation.
    (iv) The provisions of subpart D shall be followed.

    (2) Engineering controls, work practices, and PPE for substances not 
regulated either in Sec.  1926.55, elsewhere in subpart D, or in other 
pertinent sections of this part. An appropriate combination of 
engineering controls, work practices, and personal protective equipment 
shall be used to reduce and maintain employee exposure to or below 
published exposure levels for hazardous substances and health hazards 
not regulated either in Sec.  1926.55, elsewhere in subpart D, or in 
other pertinent sections of this part. The employer may use the 
published literature and Safety Data Sheets (SDS) as a guide in making 
the employer's determination as to what level of protection the employer 
believes is appropriate for hazardous substances and health hazards for 
which there is no permissible exposure limit or published exposure 
limit.
    (3) Personal protective equipment selection. (i) Personal protective 
equipment (PPE) shall be selected and used which will protect employees 
from the hazards and potential hazards they are likely to encounter as 
identified during the site characterization and analysis.
    (ii) Personal protective equipment selection shall be based on an 
evaluation of the performance characteristics of the PPE relative to the 
requirements and limitations of the site, the task-specific conditions 
and duration, and the hazards and potential hazards identified at the 
site.
    (iii) Positive pressure self-contained breathing apparatus, or 
positive pressure air-line respirators equipped with an escape air 
supply, shall be used when chemical exposure levels present will create 
a substantial possibility of immediate death, immediate serious illness 
or injury, or impair the ability to escape.
    (iv) Totally-encapsulating chemical protective suits (protection 
equivalent to Level A protection as recommended in appendix B) shall be 
used in conditions where skin absorption of a hazardous substance may 
result in a substantial possibility of immediate death, immediate 
serious illness or injury, or impair the ability to escape.
    (v) The level of protection provided by PPE selection shall be 
increased when additional information on site conditions indicates that 
increased protection is necessary to reduce employee exposures below 
permissible exposure limits and published exposure levels for hazardous 
substances and health hazards. (See appendix B for guidance on selecting 
PPE ensembles.)

    Note to (g)(3): The level of employee protection provided may be 
decreased when additional information or site conditions show that 
decreased protection will not result in hazardous exposures to 
employees.

    (vi) Personal protective equipment shall be selected and used to 
meet the requirements of subpart E of this part and additional 
requirements specified in this section.
    (4) Totally-encapsulating chemical protective suits. (i) Totally-
encapsulating suits shall protect employees from the particular hazards 
which are identified

[[Page 131]]

during site characterization and analysis.
    (ii) Totally-encapsulating suits shall be capable of maintaining 
positive air pressure. (See appendix A for a test method which may be 
used to evaluate this requirement.)
    (iii) Totally-encapsulating suits shall be capable of preventing 
inward test gas leakage of more than 0.5 percent. (See appendix A for a 
test method which may be used to evaluate this requirement.)
    (5) Personal protective equipment (PPE) program. A written personal 
protective equipment program, which is part of the employer's safety and 
health program required in paragraph (b) of this section or required in 
paragraph (p)(1) of this section and which is also a part of the site-
specific safety and health plan shall be established. The PPE program 
shall address the elements listed below. When elements, such as donning 
and doffing procedures, are provided by the manufacturer of a piece of 
equipment and are attached to the plan, they need not be rewritten into 
the plan as long as they adequately address the procedure or element.
    (i) PPE selection based upon site hazards,
    (ii) PPE use and limitations of the equipment,
    (iii) Work mission duration,
    (iv) PPE maintenance and storage,
    (v) PPE decontamination and disposal,
    (vi) PPE training and proper fitting,
    (vii) PPE donning and doffing procedures,
    (viii) PPE inspection procedures prior to, during, and after use,
    (ix) Evaluation of the effectiveness of the PPE program, and
    (x) Limitations during temperature extremes, heat stress, and other 
appropriate medical considerations.
    (h) Monitoring--(1) General. (i) Monitoring shall be performed in 
accordance with this paragraph where there may be a question of employee 
exposure to hazardous concentrations of hazardous substances in order to 
assure proper selection of engineering controls, work practices and 
personal protective equipment so that employees are not exposed to 
levels which exceed permissible exposure limits, or published exposure 
levels if there are no permissible exposure limits, for hazardous 
substances.
    (ii) Air monitoring shall be used to identify and quantify airborne 
levels of hazardous substances and safety and health hazards in order to 
determine the appropriate level of employee protection needed on site.
    (2) Initial entry. Upon initial entry, representative air monitoring 
shall be conducted to identify any IDLH condition, exposure over 
permissible exposure limits or published exposure levels, exposure over 
a radioactive material's dose limits or other dangerous condition such 
as the presence of flammable atmospheres or oxygen-deficient 
environments.
    (3) Periodic monitoring. Periodic monitoring shall be conducted when 
the possibility of an IDLH condition or flammable atmosphere has 
developed or when there is indication that exposures may have risen over 
permissible exposure limits or published exposure levels since prior 
monitoring. Situations where it shall be considered whether the 
possibility that exposures have risen are as follows:
    (i) When work begins on a different portion of the site.
    (ii) When contaminants other than those previously identified are 
being handled.
    (iii) When a different type of operation is initiated (e.g., drum 
opening as opposed to exploratory well drilling).
    (iv) When employees are handling leaking drums or containers or 
working in areas with obvious liquid contamination (e.g., a spill or 
lagoon).
    (4) Monitoring of high-risk employees. After the actual clean-up 
phase of any hazardous waste operation commences; for example, when 
soil, surface water or containers are moved or disturbed; the employer 
shall monitor those employees likely to have the highest exposures to 
hazardous substances and health hazards likely to be present above 
permissible exposure limits or published exposure levels by using 
personal sampling frequently enough to characterize employee exposures. 
If the employees likely to have the highest exposure are over 
permissible exposure limits or published exposure limits,

[[Page 132]]

then monitoring shall continue to determine all employees likely to be 
above those limits. The employer may utilize a representative sampling 
approach by documenting that the employees and chemicals chosen for 
monitoring are based on the criteria stated above.

    Note to (h): It is not required to monitor employees engaged in site 
characterization operations covered by paragraph (c) of this section.

    (i) Informational programs. Employers shall develop and implement a 
program, which is part of the employer's safety and health program 
required in paragraph (b) of this section, to inform employees, 
contractors, and subcontractors (or their representative) actually 
engaged in hazardous waste operations of the nature, level and degree of 
exposure likely as a result of participation in such hazardous waste 
operations. Employees, contractors and subcontractors working outside of 
the operations part of a site are not covered by this standard.
    (j) Handling drums and containers--(1) General. (i) Hazardous 
substances and contaminated soils, liquids, and other residues shall be 
handled, transported, labeled, and disposed of in accordance with this 
paragraph.
    (ii) Drums and containers used during the clean-up shall meet the 
appropriate DOT, OSHA, and EPA regulations for the wastes that they 
contain.
    (iii) When practical, drums and containers shall be inspected and 
their integrity shall be assured prior to being moved. Drums or 
containers that cannot be inspected before being moved because of 
storage conditions (i.e., buried beneath the earth, stacked behind other 
drums, stacked several tiers high in a pile, etc.) shall be moved to an 
accessible location and inspected prior to further handling.
    (iv) Unlabelled drums and containers shall be considered to contain 
hazardous substances and handled accordingly until the contents are 
positively identified and labeled.
    (v) Site operations shall be organized to minimize the amount of 
drum or container movement.
    (vi) Prior to movement of drums or containers, all employees exposed 
to the transfer operation shall be warned of the potential hazards 
associated with the contents of the drums or containers.
    (vii) U.S. Department of Transportation specified salvage drums or 
containers and suitable quantities of proper absorbent shall be kept 
available and used in areas where spills, leaks, or ruptures may occur.
    (viii) Where major spills may occur, a spill containment program, 
which is part of the employer's safety and health program required in 
paragraph (b) of this section, shall be implemented to contain and 
isolate the entire volume of the hazardous substance being transferred.
    (ix) Drums and containers that cannot be moved without rupture, 
leakage, or spillage shall be emptied into a sound container using a 
device classified for the material being transferred.
    (x) A ground-penetrating system or other type of detection system or 
device shall be used to estimate the location and depth of buried drums 
or containers.
    (xi) Soil or covering material shall be removed with caution to 
prevent drum or container rupture.
    (xii) Fire extinguishing equipment meeting the requirements of 
subpart F of this part shall be on hand and ready for use to control 
incipient fires.
    (2) Opening drums and containers. The following procedures shall be 
followed in areas where drums or containers are being opened:
    (i) Where an airline respirator system is used, connections to the 
source of air supply shall be protected from contamination and the 
entire system shall be protected from physical damage.
    (ii) Employees not actually involved in opening drums or containers 
shall be kept a safe distance from the drums or containers being opened.
    (iii) If employees must work near or adjacent to drums or containers 
being opened, a suitable shield that does not interfere with the work 
operation shall be placed between the employee and the drums or 
containers being opened to protect the employee in case of accidental 
explosion.
    (iv) Controls for drum or container opening equipment, monitoring 
equipment, and fire suppression equipment

[[Page 133]]

shall be located behind the explosion-resistant barrier.
    (v) When there is a reasonable possibility of flammable atmospheres 
being present, material handling equipment and hand tools shall be of 
the type to prevent sources of ignition.
    (vi) Drums and containers shall be opened in such a manner that 
excess interior pressure will be safely relieved. If pressure can not be 
relieved from a remote location, appropriate shielding shall be placed 
between the employee and the drums or containers to reduce the risk of 
employee injury.
    (vii) Employees shall not stand upon or work from drums or 
containers.
    (3) Material handling equipment. Material handiing equipment used to 
transfer drums and containers shall be selected, positioned and operated 
to minimize sources of ignition related to the equipment from igniting 
vapors released from ruptured drums or containers.
    (4) Radioactive wastes. Drums and containers containing radioactive 
wastes shall not be handled until such time as their hazard to employees 
is properly assessed.
    (5) Shock sensitive wastes. As a minimum, the following special 
precautions shall be taken when drums and containers containing or 
suspected of containing shock-sensitive wastes are handled:
    (i) All non-essential employees shall be evacuated from the area of 
transfer.
    (ii) Material handling equipment shall be provided with explosive 
containment devices or protective shields to protect equipment operators 
from exploding containers.
    (iii) An employee alarm system capable of being perceived above 
surrounding light and noise conditions shall be used to signal the 
commencement and completion of explosive waste handling activities.
    (iv) Continuous communications (i.e., portable radios, hand signals, 
telephones, as appropriate) shall be maintained between the employee-in-
charge of the immediate handling area and both the site safety and 
health supervisor and the command post until such time as the handling 
operation is completed. Communication equipment or methods that could 
cause shock sensitive materials to explode shall not be used.
    (v) Drums and containers under pressure, as evidenced by bulging or 
swelling, shall not be moved until such time as the cause for excess 
pressure is determined and appropriate containment procedures have been 
implemented to protect employees from explosive relief of the drum.
    (vi) Drums and containers containing packaged laboratory wastes 
shall be considered to contain shock-sensitive or explosive materials 
until they have been characterized.

Caution: Shipping of shock sensitive wastes may be prohibited under U.S. 
Department of Transportation regulations. Employers and their shippers 
should refer to 49 CFR 173.21 and 173.50.

    (6) Laboratory waste packs. In addition to the requirements of 
paragraph (j)(5) of this section, the following precautions shall be 
taken, as a minimum, in handling laboratory waste packs (lab packs):
    (i) Lab packs shall be opened only when necessary and then only by 
an individual knowledgeable in the inspection, classification, and 
segregation of the containers within the pack according to the hazards 
of the wastes.
    (ii) If crystalline material is noted on any container, the contents 
shall be handled as a shock-sensitive waste until the contents are 
identified.
    (7) Sampling of drum and container contents. Sampling of containers 
and drums shall be done in accordance with a sampling procedure which is 
part of the site safety and health plan developed for and available to 
employees and others at the specific worksite.
    (8) Shipping and transport. (i) Drums and containers shall be 
identified and classified prior to packaging for shipment.
    (ii) Drum or container staging areas shall be kept to the minimum 
number necessary to identify and classify materials safely and prepare 
them for transport.
    (iii) Staging areas shall be provided with adequate access and 
egress routes.
    (iv) Bulking of hazardous wastes shall be permitted only after a 
thorough characterization of the materials has been completed.

[[Page 134]]

    (9) Tank and vault procedures. (i) Tanks and vaults containing 
hazardous substances shall be handled in a manner similar to that for 
drums and containers, taking into consideration the size of the tank or 
vault.
    (ii) Appropriate tank or vault entry procedures as described in the 
employer's safety and health plan shall be followed whenever employees 
must enter a tank or vault.
    (k) Decontamination--(1) General. Procedures for all phases of 
decontamination shall be developed and implemented in accordance with 
this paragraph.
    (2) Decontamination procedures. (i) A decontamination procedure 
shall be developed, communicated to employees and implemented before any 
employees or equipment may enter areas on site where potential for 
exposure to hazardous substances exists.
    (ii) Standard operating procedures shall be developed to minimize 
employee contact with hazardous substances or with equipment that has 
contacted hazardous substances.
    (iii) All employees leaving a contaminated area shall be 
appropriately decontaminated; all contaminated clothing and equipment 
leaving a contaminated area shall be appropriately disposed of or 
decontaminated.
    (iv) Decontamination procedures shall be monitored by the site 
safety and health supervisor to determine their effectiveness. When such 
procedures are found to be ineffective, appropriate steps shall be taken 
to correct any deficiencies.
    (3) Location. Decontamination shall be performed in geographical 
areas that will minimize the exposure of uncontaminated employees or 
equipment to contaminated employees or equipment.
    (4) Equipment and solvents. All equipment and solvents used for 
decontamination shall be decontaminated or disposed of properly.
    (5) Personal protective clothing and equipment. (i) Protective 
clothing and equipment shall be decontaminated, cleaned, laundered, 
maintained or replaced as needed to maintain their effectiveness.
    (ii) Employees whose non-impermeable clothing becomes wetted with 
hazardous substances shall immediately remove that clothing and proceed 
to shower. The clothing shall be disposed of or decontaminated before it 
is removed from the work zone.
    (6) Unauthorized employees. Unauthorized employees shall not remove 
protective clothing or equipment from change rooms.
    (7) Commercial laundries or cleaning establishments. Commercial 
laundries or cleaning establishments that decontaminate protective 
clothing or equipment shall be informed of the potentially harmful 
effects of exposures to hazardous substances.
    (8) Showers and change rooms. Where the decontamination procedure 
indicates a need for regular showers and change rooms outside of a 
contaminated area, they shall be provided and meet the requirements of 
29 CFR 1910.141. If temperature conditions prevent the effective use of 
water, then other effective means for cleansing shall be provided and 
used.
    (l) Emergency response by employees at uncontrolled hazardous waste 
sites--(1) Emergency response plan. (i) An emergency response plan shall 
be developed and implemented by all employers within the scope of 
paragraphs (a)(1) (i)-(ii) of this section to handle anticipated 
emergencies prior to the commencement of hazardous waste operations. The 
plan shall be in writing and available for inspection and copying by 
employees, their representatives, OSHA personnel and other governmental 
agencies with relevant responsibilities.
    (ii) Employers who will evacuate their employees from the danger 
area when an emergency occurs, and who do not permit any of their 
employees to assist in handling the emergency, are exempt from the 
requirements of this paragraph if they provide an emergency action plan 
complying with Sec.  1926.35 of this part.
    (2) Elements of an emergency response plan. The employer shall 
develop an emergency response plan for emergencies which shall address, 
as a minimum, the following:
    (i) Pre-emergency planning.
    (ii) Personnel roles, lines of authority, and communication.

[[Page 135]]

    (iii) Emergency recognition and prevention.
    (iv) Safe distances and places of refuge.
    (v) Site security and control.
    (vi) Evacuation routes and procedures.
    (vii) Decontamination procedures which are not covered by the site 
safety and health plan.
    (viii) Emergency medical treatment and first aid.
    (ix) Emergency alerting and response procedures.
    (x) Critique of response and follow-up.
    (xi) PPE and emergency equipment.
    (3) Procedures for handling emergency incidents. (i) In addition to 
the elements for the emergency response plan required in paragraph 
(1)(2) of this section, the following elements shall be included for 
emergency response plans:
    (A) Site topography, layout, and prevailing weather conditions.
    (B) Procedures for reporting incidents to local, state, and federal 
governmental agencies.
    (ii) The emergency response plan shall be a separate section of the 
Site Safety and Health Plan.
    (iii) The emergency response plan shall be compatible and integrated 
with the disaster, fire and/or emergency response plans of local, state, 
and federal agencies.
    (iv) The emergency response plan shall be rehearsed regularly as 
part of the overall training program for site operations.
    (v) The site emergency response plan shall be reviewed periodically 
and, as necessary, be amended to keep it current with new or changing 
site conditions or information.
    (vi) An employee alarm system shall be installed to notify employees 
of an emergency situation; to stop work activities if necessary; to 
lower background noise in order to speed communication; and to begin 
emergency procedures.
    (vii) Based upon the information available at time of the emergency, 
the employer shall evaluate the incident and the site response 
capabilities and proceed with the appropriate steps to implement the 
site emergency response plan.
    (m) Illumination. Areas accessible to employees shall be lighted to 
not less than the minimum illumination intensities listed in the 
following Table D-65.1 while any work is in progress:

     Table D-65.1--Minimum Illumination Intensities in Foot-Candles
------------------------------------------------------------------------
              Foot-candles                      Area or operations
------------------------------------------------------------------------
5......................................  General site areas.
3......................................  Excavation and waste areas,
                                          accessways, active storage
                                          areas, loading platforms,
                                          refueling, and field
                                          maintenance areas.
5......................................  Indoors: Warehouses, corridors,
                                          hallways, and exitways.
5......................................  Tunnels, shafts, and general
                                          underground work areas.
                                          (Exception: Minimum of 10 foot-
                                          candles is required at tunnel
                                          and shaft heading during
                                          drilling mucking, and scaling.
                                          Mine Safety and Health
                                          Administration approved cap
                                          lights shall be acceptable for
                                          use in the tunnel heading.)
10.....................................  General shops (e.g., mechanical
                                          and electrical equipment
                                          rooms, active storerooms,
                                          barracks or living quarters,
                                          locker or dressing rooms,
                                          dining areas, and indoor
                                          toilets and workrooms.)
30.....................................  First aid stations,
                                          infirmaries, and offices.
------------------------------------------------------------------------

    (n) Sanitation at temporary workplaces--(1) Potable water. (i) An 
adequate supply of potable water shall be provided on the site.
    (ii) Portable containers used to dispense drinking water shall be 
capable of being tightly closed, and equipped with a tap. Water shall 
not be dipped from containers.
    (iii) Any container used to distribute drinking water shall be 
clearly marked as to the nature of its contents and not used for any 
other purpose.
    (iv) Where single service cups (to be used but once) are supplied, 
both a sanitary container for the unused cups and a receptacle for 
disposing of the used cups shall be provided.
    (2) Nonpotable water. (i) Outlets for nonpotable water, such as 
water for firefighting purposes, shall be identified to indicate clearly 
that the water is unsafe and is not to be used for drinking, washing, or 
cooking purposes.
    (ii) There shall be no cross-connection, open or potential, between 
a system furnishing potable water and a system furnishing nonpotable 
water.
    (3) Toilet facilities. (i) Toilets shall be provided for employees 
according to the following Table D-65.2.

[[Page 136]]



                     Table D-65.2--Toilet Facilities
------------------------------------------------------------------------
            Number of employees             Minimum number of facilities
------------------------------------------------------------------------
20 or fewer...............................  One.
More than 20, fewer than 200..............  One toilet seat and one
                                             urinal per 40 employees.
More than 200.............................  One toilet seat and one
                                             urinal per 50 employees.
------------------------------------------------------------------------

    (ii) Under temporary field conditions, provisions shall be made to 
assure that at least one toilet facility is available.
    (iii) Hazardous waste sites not provided with a sanitary sewer shall 
be provided with the following toilet facilities unless prohibited by 
local codes:
    (A) Chemical toilets;
    (B) Recirculating toilets;
    (C) Combustion toilets; or
    (D) Flush toilets.
    (iv) The requirements of this paragraph for sanitation facilities 
shall not apply to mobile crews having transportation readily available 
to nearby toilet facilities.
    (v) Doors entering toilet facilities shall be provided with entrance 
locks controlled from inside the facility.
    (4) Food handling. All food service facilities and operations for 
employees shall meet the applicable laws, ordinances, and regulations of 
the jurisdictions in which they are located.
    (5) Temporary sleeping quarters. When temporary sleeping quarters 
are provided, they shall be heated, ventilated, and lighted.
    (6) Washing facilities. The employer shall provide adequate washing 
facilities for employees engaged in operations where hazardous 
substances may be harmful to employees. Such facilities shall be in near 
proximity to the worksite; in areas where exposures are below 
permissible exposure limits and published exposure levels and which are 
under the controls of the employer; and shall be so equipped as to 
enable employees to remove hazardous substances from themselves.
    (7) Showers and change rooms. When hazardous waste clean-up or 
removal operations commence on a site and the duration of the work will 
require six months or greater time to complete, the employer shall 
provide showers and change rooms for all employees exposed to hazardous 
substances and health hazards involved in hazardous waste clean-up or 
removal operations.
    (i) Showers shall be provided and shall meet the requirements of 29 
CFR 1926.51(f)(4).
    (ii) Change rooms shall be provided and shall meet the requirements 
of 29 CFR 1926.51(i). Change rooms shall consist of two separate change 
areas separated by the shower area required in paragraph (n)(7)(i) of 
this section. One change area, with an exit leading off the worksite, 
shall provide employees with a clean area where they can remove, store, 
and put on street clothing. The second area, with an exit to the 
worksite, shall provide employees with an area where they can put on, 
remove and store work clothing and personal protective equipment.
    (iii) Showers and change rooms shall be located in areas where 
exposures are below the permissible exposure limits and published 
exposure levels. If this cannot be accomplished, then a ventilation 
system shall be provided that will supply air that is below the 
permissible exposure limits and published exposure levels.
    (iv) Employers shall assure that employees shower at the end of 
their work shift and when leaving the hazardous waste site.
    (o) New technology programs. (1) The employer shall develop and 
implement procedures for the introduction of effective new technologies 
and equipment developed for the improved protection of employees working 
with hazardous waste clean-up operations, and the same shall be 
implemented as part of the site safety and health program to assure that 
employee protection is being maintained.
    (2) New technologies, equipment or control measures available to the 
industry, such as the use of foams, absorbents, adsorbents, 
neutralizers, or other means to suppress the level of air contaminates 
while excavating the site or for spill control, shall be evaluated by 
employers or their representatives. Such an evaluation shall be done to 
determine the effectiveness of the new methods, materials, or equipment 
before implementing their use on a large scale for enhancing employee 
protection. Information and data from manufacturers or suppliers may be 
used as

[[Page 137]]

part of the employer's evaluation effort. Such evaluations shall be made 
available to OSHA upon request.
    (p) Certain operations conducted under the Resource Conservation and 
Recovery Act of 1976 (RCRA). Employers conducting operations at 
treatment, storage and disposal (TSD) facilities specified in paragraph 
(a)(1)(iv) of this section shall provide and implement the programs 
specified in this paragraph. See the ``Notes and Exceptions'' to 
paragraph (a)(2)(iii) of this section for employers not covered.)''.
    (1) Safety and health program. The employer shall develop and 
implement a written safety and health program for employees involved in 
hazardous waste operations that shall be available for inspection by 
employees, their representatives and OSHA personnel. The program shall 
be designed to identify, evaluate and control safety and health hazards 
in their facilities for the purpose of employee protection, to provide 
for emergency response meeting the requirements of paragraph (p)(8) of 
this section and to address as appropriate site analysis, engineering 
controls, maximum exposure limits, hazardous waste handling procedures 
and uses of new technologies.
    (2) Hazard communication program. The employer shall implement a 
hazard communication program meeting the requirements of 29 CFR 1926.59 
as part of the employer's safety and program.

    Note to 1926.65: The exemption for hazardous waste provided in Sec.  
1926.59 is applicable to this section.

    (3) Medical surveillance program. The employer shall develop and 
implement a medical surveillance program meeting the requirements of 
paragraph (f) of this section.
    (4) Decontamination program. The employer shall develop and 
implement a decontamination procedure meeting the requirements of 
paragraph (k) of this section.
    (5) New technology program. The employer shall develop and implement 
procedures meeting the requirements of paragraph (o) of this section for 
introducing new and innovative equipment into the workplace.
    (6) Material handling program. Where employees will be handling 
drums or containers, the employer shall develop and implement procedures 
meeting the requirements of paragraphs (j)(1) (ii) through (viii) and 
(xi) of this section, as well as (j)(3) and (j)(8) of this section prior 
to starting such work.
    (7) Training program--(i) New employees. The employer shall develop 
and implement a training program, which is part of the employer's safety 
and health program, for employees exposed to health hazards or hazardous 
substances at TSD operations to enable the employees to perform their 
assigned duties and functions in a safe and healthful manner so as not 
endanger themselves or other employees. The initial training shall be 
for 24 hours and refresher training shall be for eight hours annually. 
Employees who have received the initial training required by this 
paragraph shall be given a written certificate attesting that they have 
successfully completed the necessary training.
    (ii) Current employees. Employers who can show by an employee's 
previous work experience and/or training that the employee has had 
training equivalent to the initial training required by this paragraph, 
shall be considered as meeting the initial training requirements of this 
paragraph as to that employee. Equivalent training includes the training 
that existing employees might have already received from actual site 
work experience. Current employees shall receive eight hours of 
refresher training annually.
    (iii) Trainers. Trainers who teach initial training shall have 
satisfactorily completed a training course for teaching the subjects 
they are expected to teach or they shall have the academic credentials 
and instruction experience necessary to demonstrate a good command of 
the subject matter of the courses and competent instructional skills.
    (8) Emergency response program--(i) Emergency response plan. An 
emergency response plan shall be developed and implemented by all 
employers. Such plans need not duplicate any of the subjects fully 
addressed in the employer's contingency planning required by permits, 
such as those issued by the U.S. Environmental Protection Agency, 
provided that the contingency plan

[[Page 138]]

is made part of the emergency response plan. The emergency response plan 
shall be a written portion of the employers safety and health program 
required in paragraph (p)(1) of this section. Employers who will 
evacuate their employees from the worksite location when an emergency 
occurs and who do not permit any of their employees to assist in 
handling the emergency are exempt from the requirements of paragraph 
(p)(8) if they provide an emergency action plan complying with Sec.  
1926.35 of this part.
    (ii) Elements of an emergency response plan. The employer shall 
develop an emergency response plan for emergencies which shall address, 
as a minimum, the following areas to the extent that they are not 
addressed in any specific program required in this paragraph:
    (A) Pre-emergency planning and coordination with outside parties.
    (B) Personnel roles, lines of authority, and communication.
    (C) Emergency recognition and prevention.
    (D) Safe distances and places of refuge.
    (E) Site security and control.
    (F) Evacuation routes and procedures.
    (G) Decontamination procedures.
    (H) Emergency medical treatment and first aid.
    (I) Emergency alerting and response procedures.
    (J) Critique of response and follow-up.
    (K) PPE and emergency equipment.
    (iii) Training. (A) Training for emergency response employees shall 
be completed before they are called upon to perform in real emergencies. 
Such training shall include the elements of the emergency response plan, 
standard operating procedures the employer has established for the job, 
the personal protective equipment to be worn and procedures for handling 
emergency incidents.

Exception 1: An employer need not train all employees to the degree 
specified if the employer divides the work force in a manner such that a 
sufficient number of employees who have responsibility to control 
emergencies have the training specified, and all other employees, who 
may first respond to an emergency incident, have sufficient awareness 
training to recognize that an emergency response situation exists and 
that they are instructed in that case to summon the fully trained 
employees and not attempt control activities for which they are not 
trained.
Exception 2: An employer need not train all employees to the degree 
specified if arrangements have been made in advance for an outside 
fully-trained emergency response team to respond in a reasonable period 
and all employees, who may come to the incident first, have sufficient 
awareness training to recognize that an emergency response situation 
exists and they have been instructed to call the designated outside 
fully-trained emergency response team for assistance.

    (B) Employee members of TSD facility emergency response 
organizations shall be trained to a level of competence in the 
recognition of health and safety hazards to protect themselves and other 
employees. This would include training in the methods used to minimize 
the risk from safety and health hazards; in the safe use of control 
equipment; in the selection and use of appropriate personal protective 
equipment; in the safe operating procedures to be used at the incident 
scene; in the techniques of coordination with other employees to 
minimize risks; in the appropriate response to over exposure from health 
hazards or injury to themselves and other employees; and in the 
recognition of subsequent symptoms which may result from over exposures.
    (C) The employer shall certify that each covered employee has 
attended and successfully completed the training required in paragraph 
(p)(8)(iii) of this section, or shall certify the employee's competency 
at least yearly. The method used to demonstrate competency for 
certification of training shall be recorded and maintained by the 
employer.
    (iv) Procedures for handling emergency incidents. (A) In addition to 
the elements for the emergency response plan required in paragraph 
(p)(8)(ii) of this section, the following elements shall be included for 
emergency response plans to the extent that they do not repeat any 
information already contained in the emergency response plan:
    (1) Site topography, layout, and prevailing weather conditions.

[[Page 139]]

    (2) Procedures for reporting incidents to local, state, and federal 
governmental agencies.
    (B) The emergency response plan shall be compatible and integrated 
with the disaster, fire and/or emergency response plans of local, state, 
and federal agencies.
    (C) The emergency response plan shall be rehearsed regularly as part 
of the overall training program for site operations.
    (D) The site emergency response plan shall be reviewed periodically 
and, as necessary, be amended to keep it current with new or changing 
site conditions or information.
    (E) An employee alarm system shall be installed to notify employees 
of an emergency situation; to stop work activities if necessary; to 
lower background noise in order to speed communication; and to begin 
emergency procedures.
    (F) Based upon the information available at time of the emergency, 
the employer shall evaluate the incident and the site response 
capabilities and proceed with the appropriate steps to implement the 
site emergency response plan.
    (q) Emerqency response to hazardous substance releases. This 
paragraph covers employers whose employees are engaged in emergency 
response no matter where it occurs except that it does not cover 
employees engaged in operations specified in paragraphs (a)(1)(i) 
through (a)(1)(iv) of this section. Those emergency response 
organizations who have developed and implemented programs equivalent to 
this paragraph for handling releases of hazardous substances pursuant to 
section 303 of the Superfund Amendments and Reauthorization Act of 1986 
(Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 
11003) shall be deemed to have met the requirements of this paragraph.
    (1) Emergency response plan. An emergency response plan shall be 
developed and implemented to handle anticipated emergencies prior to the 
commencement of emergency response operations. The plan shall be in 
writing and available for inspection and copying by employees, their 
representatives and OSHA personnel. Employers who will evacuate their 
employees from the danger area when an emergency occurs, and who do not 
permit any of their employees to assist in handling the emergency, are 
exempt from the requirements of this paragraph if they provide an 
emergency action plan in accordance with Sec.  1926.35 of this part.
    (2) Elements of an emergency response plan. The employer shall 
develop an emergency response plan for emergencies which shall address, 
as a minimum, the following to the extent that they are not addressed 
elsewhere:
    (i) Pre-emergency planning and coordination with outside parties.
    (ii) Personnel roles, lines of authority, training, and 
communication.
    (iii) Emergency recognition and prevention.
    (iv) Safe distances and places of refuge.
    (v) Site security and control.
    (vi) Evacuation routes and procedures.
    (vii) Decontamination.
    (viii) Emergency medical treatment and first aid.
    (ix) Emergency alerting and response procedures.
    (x) Critique of response and follow-up.
    (xi) PPE and emergency equipment.
    (xii) Emergency response organizations may use the local emergency 
response plan or the state emergency response plan or both, as part of 
their emergency response plan to avoid duplication. Those items of the 
emergency response plan that are being properly addressed by the SARA 
Title III plans may be substituted into their emergency plan or 
otherwise kept together for the employer and employee's use.
    (3) Procedures for handling emergency response. (i) The senior 
emergency response official responding to an emergency shall become the 
individual in charge of a site-specific Incident Command System (ICS). 
All emergency responders and their communications shall be coordinated 
and controlled through the individual in charge of the ICS assisted by 
the senior official present for each employer.

    Note to (g)(3)(i): The senior official at an emergency response is 
the most senior official on the site who has the responsibility

[[Page 140]]

for controlling the operations at the site. Initially it is the senior 
officer on the first-due piece of responding emergency apparatus to 
arrive on the incident scene. As more senior officers arrive (i.e., 
battalion chief, fire chief, state law enforcement official, site 
coordinator, etc.) the position is passed up the line of authority which 
has been previously established.

    (ii) The individual in charge of the ICS shall identify, to the 
extent possible, all hazardous substances or conditions present and 
shall address as appropriate site analysis, use of engineering controls, 
maximum exposure limits, hazardous substance handling procedures, and 
use of any new technologies.
    (iii) Based on the hazardous substances and/or conditions present, 
the individual in charge of the ICS shall implement appropriate 
emergency operations, and assure that the personal protective equipment 
worn is appropriate for the hazards to be encountered.
    (iv) Employees engaged in emergency response and exposed to 
hazardous substances presenting an inhalation hazard or potential 
inhalation hazard shall wear positive pressure self-contained breathing 
apparatus while engaged in emergency response, until such time that the 
individual in charge of the ICS determines through the use of air 
monitoring that a decreased level of respiratory protection will not 
result in hazardous exposures to employees.
    (v) The individual in charge of the ICS shall limit the number of 
emergency response personnel at the emergency site, in those areas of 
potential or actual exposure to incident or site hazards, to those who 
are actively performing emergency operations. However, operations in 
hazardous areas shall be performed using the buddy system in groups of 
two or more.
    (vi) Back-up personnel shall stand by with equipment ready to 
provide assistance or rescue. Advance first aid support personnel, as a 
minimum, shall also stand by with medical equipment and transportation 
capability.
    (vii) The individual in charge of the ICS shall designate a safety 
official, who is knowledgable in the operations being implemented at the 
emergency response site, with specific responsibility to identify and 
evaluate hazards and to provide direction with respect to the safety of 
operations for the emergency at hand.
    (viii) When activities are judged by the safety official to be an 
IDLH condition and/or to involve an imminent danger condition, the 
safety official shall have the authority to alter, suspend, or terminate 
those activities. The safety official shall immediately inform the 
individual in charge of the ICS of any actions needed to be taken to 
correct these hazards at the emergency scene.
    (ix) After emergency operations have terminated, the individual in 
charge of the ICS shall implement appropriate decontamination 
procedures.
    (x) When deemed necessary for meeting the tasks at hand, approved 
self-contained compressed air breathing apparatus may be used with 
approved cylinders from other approved self-contained compressed air 
breathing apparatus provided that such cylinders are of the same 
capacity and pressure rating. All compressed air cylinders used with 
self-contained breathing apparatus shall meet U.S. Department of 
Transportation and National Institute for Occupational Safety and Health 
criteria.
    (4) Skilled support personnel. Personnel, not necessarily an 
employer's own employees, who are skilled in the operation of certain 
equipment, such as mechanized earth moving or digging equipment or crane 
and hoisting equipment, and who are needed temporarily to perform 
immediate emergency support work that cannot reasonably be performed in 
a timely fashion by an employer's own employees, and who will be or may 
be exposed to the hazards at an emergency response scene, are not 
required to meet the training required in this paragraph for the 
employer's regular employees. However, these personnel shall be given an 
initial briefing at the site prior to their participation in any 
emergency response. The initial briefing shall include instruction in 
the wearing of appropriate personal protective equipment, what chemical 
hazards are involved, and what duties are to be performed. All other 
appropriate safety and health precautions provided to the employer's own 
employees shall be

[[Page 141]]

used to assure the safety and health of these personnel.
    (5) Specialist employees. Employees who, in the course of their 
regular job duties, work with and are trained in the hazards of specific 
hazardous substances, and who will be called upon to provide technical 
advice or assistance at a hazardous substance release incident to the 
individual in charge, shall receive training or demonstrate competency 
in the area of their specialization annually.
    (6) Training. Training shall be based on the duties and function to 
be performed by each responder of an emergency response organization. 
The skill and knowledge levels required for all new responders, those 
hired after the effective date of this standard, shall be conveyed to 
them through training before they are permitted to take part in actual 
emergency operations on an incident. Employees who participate, or are 
expected to participate, in emergency response, shall be given training 
in accordance with the following paragraphs:
    (i) First responder awareness level. First responders at the 
awareness level are individuals who are likely to witness or discover a 
hazardous substance release and who have been trained to initiate an 
emergency response sequence by notifying the proper authorities of the 
release. They would take no further action beyond notifying the 
authorities of the release. First responders at the awareness level 
shall have sufficient training or have had sufficient experience to 
objectively demonstrate competency in the following areas:
    (A) An understanding of what hazardous substances are, and the risks 
associated with them in an incident.
    (B) An understanding of the potential outcomes associated with an 
emergency created when hazardous substances are present.
    (C) The ability to recognize the presence of hazardous substances in 
an emergency.
    (D) The ability to identify the hazardous substances, if possible.
    (E) An understanding of the role of the first responder awareness 
individual in the employer's emergency response plan including site 
security and control and the U.S. Department of Transportation's 
Emergency Response Guidebook.
    (F) The ability to realize the need for additional resources, and to 
make appropriate notifications to the communication center.
    (ii) First responder operations level. First responders at the 
operations level are individuals who respond to releases or potential 
releases of hazardous substances as part of the initial response to the 
site for the purpose of protecting nearby persons, property, or the 
environment from the effects of the release. They are trained to respond 
in a defensive fashion without actually trying to stop the release. 
Their function is to contain the release from a safe distance, keep it 
from spreading, and prevent exposures. First responders at the 
operational level shall have received at least eight hours of training 
or have had sufficient experience to objectively demonstrate competency 
in the following areas in addition to those listed for the awareness 
level and the employer shall so certify:
    (A) Knowledge of the basic hazard and risk assessment techniques.
    (B) Know how to select and use proper personal protective equipment 
provided to the first responder operational level.
    (C) An understanding of basic hazardous materials terms.
    (D) Know how to perform basic control, containment and/or 
confinement operations within the capabilities of the resources and 
personal protective equipment available with their unit.
    (E) Know how to implement basic decontamination procedures.
    (F) An understanding of the relevant standard operating procedures 
and termination procedures.
    (iii) Hazardous materials technician. Hazardous materials 
technicians are individuals who respond to releases or potential 
releases for the purpose of stopping the release. They assume a more 
aggressive role than a first responder at the operations level in that 
they will approach the point of release in order to plug, patch or 
otherwise stop the release of a hazardous substance. Hazardous materials 
technicians shall have received at least 24

[[Page 142]]

hours of training equal to the first responder operations level and in 
addition have competency in the following areas and the employer shall 
so certify:
    (A) Know how to implement the employer's emergency response plan.
    (B) Know the classification, identification and verification of 
known and unknown materials by using field survey instruments and 
equipment.
    (C) Be able to function within an assigned role in the Incident 
Command System.
    (D) Know how to select and use proper specialized chemical personal 
protective equipment provided to the hazardous materials technician.
    (E) Understand hazard and risk assessment techniques.
    (F) Be able to perform advance control, containment, and/or 
confinement operations within the capabilities of the resources and 
personal protective equipment available with the unit.
    (G) Understand and implement decontamination procedures.
    (H) Understand termination procedures.
    (I) Understand basic chemical and toxicological terminology and 
behavior.
    (iv) Hazardous materials specialist. Hazardous materials specialists 
are individuals who respond with and provide support to hazardous 
materials technicians. Their duties parallel those of the hazardous 
materials technician, however, those duties require a more directed or 
specific knowledge of the various substances they may be called upon to 
contain. The hazardous materials specialist would also act as the site 
liaison with Federal, state, local and other government authorities in 
regards to site activities. Hazardous materials specialists shall have 
received at least 24 hours of training equal to the technician level and 
in addition have competency in the following areas and the employer 
shall so certify:
    (A) Know how to implement the local emergency response plan.
    (B) Understand classification, identification and verification of 
known and unknown materials by using advanced survey instruments and 
equipment.
    (C) Know of the state emergency response plan.
    (D) Be able to select and use proper specialized chemical personal 
protective equipment provided to the hazardous materials specialist.
    (E) Understand in-depth hazard and risk techniques.
    (F) Be able to perform specialized control, containment, and/or 
confinement operations within the capabilities of the resources and 
personal protective equipment available.
    (G) Be able to determine and implement decontamination procedures.
    (H) Have the ability to develop a site safety and control plan.
    (I) Understand chemical, radiological and toxicological terminology 
and behavior.
    (v) On scene incident commander. Incident commanders, who will 
assume control of the incident scene beyond the first responder 
awareness level, shall receive at least 24 hours of training equal to 
the first responder operations level and in addition have competency in 
the following areas and the employer shall so certify:
    (A) Know and be able to implement the employer's incident command 
system.
    (B) Know how to implement the employer's emergency response plan.
    (C) Know and understand the hazards and risks associated with 
employees working in chemical protective clothing.
    (D) Know how to implement the local emergency response plan.
    (E) Know of the state emergency response plan and of the Federal 
Regional Response Team.
    (F) Know and understand the importance of decontamination 
procedures.
    (7) Trainers. Trainers who teach any of the above training subjects 
shall have satisfactorily completed a training course for teaching the 
subjects they are expected to teach, such as the courses offered by the 
U.S. National Fire Academy, or they shall have the training and/or 
academic credentials and instructional experience necessary to 
demonstrate competent instructional skills and a good command of the 
subject matter of the courses they are to teach.
    (8) Refresher training. (i) Those employees who are trained in 
accordance with paragraph (q)(6) of this section

[[Page 143]]

shall receive annual refresher training of sufficient content and 
duration to maintain their competencies, or shall demonstrate competency 
in those areas at least yearly.
    (ii) A statement shall be made of the training or competency, and if 
a statement of competency is made, the employer shall keep a record of 
the methodology used to demonstrate competency.
    (9) Medical surveillance and consultation. (i) Members of an 
organized and designated HAZMAT team and hazardous materials specialists 
shall receive a baseline physical examination and be provided with 
medical surveillance as required in paragraph (f) of this section.
    (ii) Any emergency response employees who exhibits signs or symptoms 
which may have resulted from exposure to hazardous substances during the 
course of an emergency incident, either immediately or subsequently, 
shall be provided with medical consultation as required in paragraph 
(f)(3)(ii) of this section.
    (10) Chemical protective clothing. Chemical protective clothing and 
equipment to be used by organized and designated HAZMAT team members, or 
to be used by hazardous materials specialists, shall meet the 
requirements of paragraphs (g) (3) through (5) of this section.
    (11) Post-emergency response operations. Upon completion of the 
emergency response, if it is determined that it is necessary to remove 
hazardous substances, health hazards, and materials contaminated with 
them (such as contaminated soil or other elements of the natural 
environment) from the site of the incident, the employer conducting the 
clean-up shall comply with one of the following:
    (i) Meet all of the requirements of paragraphs (b) through (o) of 
this section; or
    (ii) Where the clean-up is done on plant property using plant or 
workplace employees, such employees shall have completed the training 
requirements of the following: 29 CFR 1926.35, 1926.59, and 1926.103, 
and other appropriate safety and health training made necessary by the 
tasks that they are expected to be performed such as personal protective 
equipment and decontamination procedures. All equipment to be used in 
the performance of the clean-up work shall be in serviceable condition 
and shall have been inspected prior to use.

 Appendices to Sec.  1926.65--Hazardous Waste Operations and Emergency 
                                Response

    Note: The following appendices serve as non-mandatory guidelines to 
assist employees and employers in complying with the appropriate 
requirements of this section. However Sec.  1926.65(g) makes mandatory 
in certain circumstances the use of Level A and Level B PPE protection.

 Appendix A to Sec.  1926.65--Personal Protective Equipment Test Methods

    This appendix sets forth the non-mandatory examples of tests which 
may be used to evaluate compliance with Sec.  1926.65(g)(4) (ii) and 
(iii). Other tests and other challenge agents may be used to evaluate 
compliance.

     A. Totally-encapsulating chemical protective suit pressure test

    1.0--Scope
    1.1 This practice measures the ability of a gas tight totally-
encapsulating chemical protective suit material, seams, and closures to 
maintain a fixed positive pressure. The results of this practice allow 
the gas tight integrity of a totally-encapsulating chemical protective 
suit to be evaluated.
    1.2 Resistance of the suit materials to permeation, penetration, and 
degradation by specific hazardous substances is not determined by this 
test method.
    2.0--Definition of terms
    2.1 Totally-encapsulated chemical protective suit (TECP suit) means 
a full body garment which is constructed of protective clothing 
materials; covers the wearer's torso, head, arms, legs and respirator; 
may cover the wearer's hands and feet with tightly attached gloves and 
boots; completely encloses the wearer and respirator by itself or in 
combination with the wearer's gloves and boots.
    2.2 Protective clothing material means any material or combination 
of materials used in an item of clothing for the purpose of isolating 
parts of the body from direct contact with a potentially hazardous 
liquid or gaseous chemicals.
    2.3 Gas tight means, for the purpose of this test method, the 
limited flow of a gas under pressure from the inside of a TECP suit to 
atmosphere at a prescribed pressure and time interval.
    3.0--Summary of test method
    3.1 The TECP suit is visually inspected and modified for the test. 
The test apparatus is attached to the suit to permit inflation to

[[Page 144]]

the pre-test suit expansion pressure for removal of suit wrinkles and 
creases. The pressure is lowered to the test pressure and monitored for 
three minutes. If the pressure drop is excessive, the TECP suit fails 
the test and is removed from service. The test is repeated after leak 
location and repair.
    4.0--Required Supplies
    4.1 Source of compressed air.
    4.2 Test apparatus for suit testing, including a pressure 
measurement device with a sensitivity of at least \1/4\ inch water 
gauge.
    4.3 Vent valve closure plugs or sealing tape.
    4.4 Soapy water solution and soft brush.
    4.5 Stop watch or appropriate timing device.
    5.0--Safety Precautions
    5.1 Care shall be taken to provide the correct pressure safety 
devices required for the source of compressed air used.
    6.0--Test Procedure
    6.1 Prior to each test, the tester shall perform a visual inspection 
of the suit. Check the suit for seam integrity by visually examining the 
seams and gently pulling on the seams. Ensure that all air supply lines, 
fittings, visor, zippers, and valves are secure and show no signs of 
deterioration.
    6.1.1 Seal off the vent valves along with any other normal inlet or 
exhaust points (such as umbilical air line fittings or face piece 
opening) with tape or other appropriate means (caps, plugs, fixture, 
etc.). Care should be exercised in the sealing process not to damage any 
of the suit components.
    6.1.2 Close all closure assemblies.
    6.1.3 Prepare the suit for inflation by providing an improvised 
connection point on the suit for connecting an airline. Attach the 
pressure test apparatus to the suit to permit suit inflation from a 
compressed air source equipped with a pressure indicating regulator. The 
leak tightness of the pressure test apparatus should be tested before 
and after each test by closing off the end of the tubing attached to the 
suit and assuring a pressure of three inches water gauge for three 
minutes can be maintained. If a component is removed for the test, that 
component shall be replaced and a second test conducted with another 
component removed to permit a complete test of the ensemble.
    6.1.4 The pre-test expansion pressure (A) and the suit test pressure 
(B) shall be supplied by the suit manufacturer, but in no case shall 
they be less than: (A) = three inches water gauge; and (B) = two inches 
water gauge. The ending suit pressure (C) shall be no less than 80 
percent of the test pressure (B); i.e., the pressure drop shall not 
exceed 20 percent of the test pressure (B).
    6.1.5 Inflate the suit until the pressure inside is equal to 
pressure (A), the pre-test expansion suit pressure. Allow at least one 
minute to fill out the wrinkles in the suit. Release sufficient air to 
reduce the suit pressure to pressure (B), the suit test pressure. Begin 
timing. At the end of three minutes, record the suit pressure as 
pressure (C), the ending suit pressure. The difference between the suit 
test pressure and the ending suit test pressure (B-C) shall be defined 
as the suit pressure drop.
    6.1.6 If the suit pressure drop is more than 20 percent of the suit 
test pressure (B) during the three-minute test period, the suit fails 
the test and shall be removed from service.
    7.0--Retest Procedure
    7.1 If the suit fails the test check for leaks by inflating the suit 
to pressure (A) and brushing or wiping the entire suit (including seams, 
closures, lens gaskets, glove-to-sleeve joints, etc.) with a mild soap 
and water solution. Observe the suit for the formation of soap bubbles, 
which is an indication of a leak. Repair all identified leaks.
    7.2 Retest the TECP suit as outlined in Test procedure 6.0.
    8.0--Report
    8.1 Each TECP suit tested by this practice shall have the following 
information recorded:
    8.1.1 Unique identification number, identifying brand name, date of 
purchase, material of construction, and unique fit features, e.g., 
special breathing apparatus.
    8.1.2 The actual values for test pressures (A), (B), and (C) shall 
be recorded along with the specific observation times. If the ending 
pressure (C) is less than 80 percent of the test pressure (B), the suit 
shall be identified as failing the test. When possible, the specific 
leak location shall be identified in the test records. Retest pressure 
data shall be recorded as an additional test.
    8.1.3 The source of the test apparatus used shall be identified and 
the sensitivity of the pressure gauge shall be recorded.
    8.1.4 Records shall be kept for each pressure test even if repairs 
are being made at the test location.

                                 CAUTION

    Visually inspect all parts of the suit to be sure they are 
positioned correctly and secured tightly before putting the suit back 
into service. Special care should be taken to examine each exhaust valve 
to make sure it is not blocked.
    Care should also be exercised to assure that the inside and outside 
of the suit is completely dry before it is put into storage.

 B. Totally-encapsulating chemical protective suit qualitative leak test

    1.0--Scope
    1.1 This practice semi-qualitatively tests gas tight totally-
encapsulating chemical protective suit integrity by detecting inward 
leakage of ammonia vapor. Since no modifications are made to the suit to 
carry out

[[Page 145]]

this test, the results from this practice provide a realistic test for 
the integrity of the entire suit.
    1.2 Resistance of the suit materials to permeation, penetration, and 
degradation is not determined by this test method. ASTM test methods are 
available to test suit materials for these characteristics and the tests 
are usually conducted by the manufacturers of the suits.
    2.0--Definition of terms
    2.1 Totally-encapsulated chemical protective suit (TECP suit) means 
a full body garment which is constructed of protective clothing 
materials; covers the wearer's torso, head, arms, legs and respirator; 
may cover the wearer's hands and feet with tightly attached gloves and 
boots; completely encloses the wearer and respirator by itself or in 
combination with the wearer's gloves, and boots.
    2.2 Protective clothing material means any material or combination 
of materials used in an item of clothing for the purpose of isolating 
parts of the body from direct contact with a potentially hazardous 
liquid or gaseous chemicals.
    2.3 Gas tight means, for the purpose of this test method, the 
limited flow of a gas under pressure from the inside of a TECP suit to 
atmosphere at a prescribed pressure and time interval.
    2.4 Intrusion Coefficient means a number expressing the level of 
protection provided by a gas tight totally-encapsulating chemical 
protective suit. The intrusion coefficient is calculated by dividing the 
test room challenge agent concentration by the concentration of 
challenge agent found inside the suit. The accuracy of the intrusion 
coefficient is dependent on the challenge agent monitoring methods. The 
larger the intrusion coefficient the greater the protection provided by 
the TECP suit.
    3.0--Summary of recommended practice
    3.1 The volume of concentrated aqueous ammonia solution (ammonia 
hydroxide NH4 OH) required to generate the test atmosphere is 
determined using the directions outlined in 6.1. The suit is donned by a 
person wearing the appropriate respiratory equipment (either a positive 
pressure self-contained breathing apparatus or a positive pressure 
supplied air respirator) and worn inside the enclosed test room. The 
concentrated aqueous ammonia solution is taken by the suited individual 
into the test room and poured into an open plastic pan. A two-minute 
evaporation period is observed before the test room concentration is 
measured, using a high range ammonia length of stain detector tube. When 
the ammonia vapor reaches a concentration of between 1000 and 1200 ppm, 
the suited individual starts a standardized exercise protocol to stress 
and flex the suit. After this protocol is completed, the test room 
concentration is measured again. The suited individual exits the test 
room and his stand-by person measures the ammonia concentration inside 
the suit using a low range ammonia length of stain detector tube or 
other more sensitive ammonia detector. A stand-by person is required to 
observe the test individual during the test procedure; aid the person in 
donning and doffing the TECP suit; and monitor the suit interior. The 
intrusion coefficient of the suit can be calculated by dividing the 
average test area concentration by the interior suit concentration. A 
colorimetric ammonia indicator strip of bromophenol blue or equivalent 
is placed on the inside of the suit face piece lens so that the suited 
individual is able to detect a color change and know if the suit has a 
significant leak. If a color change is observed the individual shall 
leave the test room immediately.
    4.0--Required supplies
    4.1 A supply of concentrated aqueous ammonium hydroxide (58% by 
weight).
    4.2 A supply of bromophenol/blue indicating paper or equivalent, 
sensitive to 5-10 ppm ammonia or greater over a two-minute period of 
exposure. [pH 3.0 (yellow) to pH 4.6 (blue)]
    4.3 A supply of high range (0.5-10 volume percent) and low range (5-
700 ppm) detector tubes for ammonia and the corresponding sampling pump. 
More sensitive ammonia detectors can be substituted for the low range 
detector tubes to improve the sensitivity of this practice.
    4.4 A shallow plastic pan (PVC) at least 
12:14:1 and a half pint plastic 
container (PVC) with tightly closing lid.
    4.5 A graduated cylinder or other volumetric measuring device of at 
least 50 milliliters in volume with an accuracy of at least 1 milliliters.

                         5.0--Safety precautions

    5.1 Concentrated aqueous ammonium hydroxide, NH4 OH, is a 
corrosive volatile liquid requiring eye, skin, and respiratory 
protection. The person conducting the test shall review the Safety Data 
Sheet (SDS) for aqueous ammonia.
    5.2 Since the established permissible exposure limit for ammonia is 
35 ppm as a 15 minute STEL, only persons wearing a positive pressure 
self-contained breathing apparatus or a positive pressure supplied air 
respirator shall be in the chamber. Normally only the person wearing the 
totally-encapsulating suit will be inside the chamber. A stand-by person 
shall have a positive pressure self-contained breathing apparatus, or a 
positive pressure supplied air respirator available to enter the test 
area should the suited individual need assistance.
    5.3 A method to monitor the suited individual must be used during 
this test. Visual contact is the simplest but other methods using 
communication devices are acceptable.

[[Page 146]]

    5.4 The test room shall be large enough to allow the exercise 
protocol to be carried out and then to be ventilated to allow for easy 
exhaust of the ammonia test atmosphere after the test(s) are completed.
    5.5 Individuals shall be medically screened for the use of 
respiratory protection and checked for allergies to ammonia before 
participating in this test procedure.

                           6.0--Test procedure

    6.1.1 Measure the test area to the nearest foot and calculate its 
volume in cubic feet. Multiply the test area volume by 0.2 milliliters 
of concentrated aqueous ammonia solution per cubic foot of test area 
volume to determine the approximate volume of concentrated aqueous 
ammonia required to generate 1000 ppm in the test area.
    6.1.2 Measure this volume from the supply of concentrated aqueous 
ammonia and place it into a closed plastic container.
    6.1.3 Place the container, several high range ammonia detector 
tubes, and the pump in the clean test pan and locate it near the test 
area entry door so that the suited individual has easy access to these 
supplies.
    6.2.1 In a non-contaminated atmosphere, open a pre-sealed ammonia 
indicator strip and fasten one end of the strip to the inside of the 
suit face shield lens where it can be seen by the wearer. Moisten the 
indicator strip with distilled water. Care shall be taken not to 
contaminate the detector part of the indicator paper by touching it. A 
small piece of masking tape or equivalent should be used to attach the 
indicator strip to the interior of the suit face shield.
    6.2.2 If problems are encountered with this method of attachment, 
the indicator strip can be attached to the outside of the respirator 
face piece lens being used during the test.
    6.3 Don the respiratory protective device normally used with the 
suit, and then don the TECP suit to be tested. Check to be sure all 
openings which are intended to be sealed (zippers, gloves, etc.) are 
completely sealed. DO NOT, however, plug off any venting valves.
    6.4 Step into the enclosed test room such as a closet, bathroom, or 
test booth, equipped with an exhaust fan. No air should be exhausted 
from the chamber during the test because this will dilute the ammonia 
challenge concentrations.
    6.5 Open the container with the pre-measured volume of concentrated 
aqueous ammonia within the enclosed test room, and pour the liquid into 
the empty plastic test pan. Wait two minutes to allow for adequate 
volatilization of the concentrated aqueous ammonia. A small mixing fan 
can be used near the evaporation pan to increase the evaporation rate of 
the ammonia solution.
    6.6 After two minutes a determination of the ammonia concentration 
within the chamber should be made using the high range colorimetric 
detector tube. A concentration of 1000 ppm ammonia or greater shall be 
generated before the exercises are started.
    6.7 To test the integrity of the suit the following four minute 
exercise protocol should be followed:
    6.7.1 Raising the arms above the head with at least 15 raising 
motions completed in one minute.
    6.7.2 Walking in place for one minute with at least 15 raising 
motions of each leg in a one-minute period.
    6.7.3 Touching the toes with a least 10 complete motions of the arms 
from above the head to touching of the toes in a one-minute period.
    6.7.4 Knee bends with at least 10 complete standing and squatting 
motions in a one-minute period.
    6.8 If at any time during the test the colorimetric indicating paper 
should change colors, the test should be stopped and section 6.10 and 
6.12 initiated (See ] 4.2).
    6.9 After completion of the test exercise, the test area 
concentration should be measured again using the high range colorimetric 
detector tube.
    6.10 Exit the test area.
    6.11 The opening created by the suit zipper or other appropriate 
suit penetration should be used to determine the ammonia concentration 
in the suit with the low range length of stain detector tube or other 
ammonia monitor. The internal TECP suit air should be sampled far enough 
from the enclosed test area to prevent a false ammonia reading.
    6.12 After completion of the measurement of the suit interior 
ammonia concentration the test is concluded and the suit is doffed and 
the respirator removed.
    6.13 The ventilating fan for the test room should be turned on and 
allowed to run for enough time to remove the ammonia gas. The fan shall 
be vented to the outside of the building.
    6.14 Any detectable ammonia in the suit interior (five ppm ammonia 
(NH3) or more for the length of stain detector tube) 
indicates that the suit has failed the test. When other ammonia 
detectors are used a lower level of detection is possible, and it should 
be specified as the pass/fail criteria.
    6.15 By following this test method, an intrusion coefficient of 
approximately 200 or more can be measured with the suit in a completely 
operational condition. If the intrusion coefficient is 200 or more, then 
the suit is suitable for emergency response and field use.

                         7.0--Retest procedures

    7.1 If the suit fails this test, check for leaks by following the 
pressure test in test A above.

[[Page 147]]

    7.2 Retest the TECP suit as outlined in the test procedure 6.0.

                               8.0--Report

    8.1 Each gas tight totally-encapsulating chemical protective suit 
tested by this practice shall have the following information recorded.
    8.1.1 Unique identification number, identifying brand name, date of 
purchase, material of construction, and unique suit features; e.g., 
special breathing apparatus.
    8.1.2 General description of test room used for test.
    8.1.3 Brand name and purchase date of ammonia detector strips and 
color change data.
    8.1.4 Brand name, sampling range, and expiration date of the length 
of stain ammonia detector tubes. The brand name and model of the 
sampling pump should also be recorded. If another type of ammonia 
detector is used, it should be identified along with its minimum 
detection limit for ammonia.
    8.1.5 Actual test results shall list the two test area 
concentrations, their average, the interior suit concentration, and the 
calculated intrusion coefficient. Retest data shall be recorded as an 
additional test.
    8.2 The evaluation of the data shall be specified as ``suit passed'' 
or ``suit failed,'' and the date of the test. Any detectable ammonia 
(five ppm or greater for the length of stain detector tube) in the suit 
interior indicates the suit has failed this test. When other ammonia 
detectors are used, a lower level of detection is possible and it should 
be specified as the pass fail criteria.

                                 CAUTION

    Visually inspect all parts of the suit to be sure they are 
positioned correctly and secured tightly before putting the suit back 
into service. Special care should be taken to examine each exhaust valve 
to make sure it is not blocked.
    Care should also be exercised to assure that the inside and outside 
of the suit is completely dry before it is put into storage.

 Appendix B to Sec.  1926.65--General Description and Discussion of the 
                Levels of Protection and Protective Gear

    This appendix sets forth information about personal protective 
equipment (PPE) protection levels which may be used to assist employers 
in complying with the PPE requirements of this section.
    As required by the standard, PPE must be selected which will protect 
employees from the specific hazards which they are likely to encounter 
during their work on-site.
    Selection of the appropriate PPE is a complex process which should 
take into consideration a variety of factors. Key factors involved in 
this process are identification of the hazards, or suspected hazards; 
their routes of potential hazard to employees (inhalation, skin 
absorption, ingestion, and eye or skin contact); and the performance of 
the PPE materials (and seams) in providing a barrier to these hazards. 
The amount of protection provided by PPE is material-hazard specific. 
That is, protective equipment materials will protect well against some 
hazardous substances and poorly, or not at all, against others. In many 
instances, protective equipment materials cannot be found which will 
provide continuous protection from the particular hazardous substance. 
In these cases the breakthrough time of the protective material should 
exceed the work durations.
    Other factors in this selection process to be considered are 
matching the PPE to the employee's work requirements and task-specific 
conditions. The durability of PPE materials, such as tear strength and 
seam strength, should be considered in relation to the employee's tasks. 
The effects of PPE in relation to heat stress and task duration are a 
factor in selecting and using PPE. In some cases layers of PPE may be 
necessary to provide sufficient protection, or to protect expensive PPE 
inner garments, suits or equipment.
    The more that is known about the hazards at the site, the easier the 
job of PPE selection becomes. As more information about the hazards and 
conditions at the site becomes available, the site supervisor can make 
decisions to up-grade or down-grade the level of PPE protection to match 
the tasks at hand.
    The following are guidelines which an employer can use to begin the 
selection of the appropriate PPE. As noted above, the site information 
may suggest the use of combinations of PPE selected from the different 
protection levels (i.e., A, B, C, or D) as being more suitable to the 
hazards of the work. It should be cautioned that the listing below does 
not fully address the performance of the specific PPE material in 
relation to the specific hazards at the job site, and that PPE 
selection, evaluation and re-selection is an ongoing process until 
sufficient information about the hazards and PPE performance is 
obtained.
    Part A. Personal protective equipment is divided into four 
categories based on the degree of protection afforded. (See part B of 
this appendix for further explanation of Levels A, B, C, and D hazards.)
    I. Level A-- To be selected when the greatest level of skin, 
respiratory, and eye protection is required.
    The following constitute Level A equipment; it may be used as 
appropriate;
    1. Positive pressure, full face-piece self-contained breathing 
apparatus (SCBA), or positive pressure supplied air respirator with

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escape SCBA, approved by the National Institute for Occupational Safety 
and Health (NIOSH).
    2. Totally-encapsulating chemical-protective suit.
    3. Coveralls. \1\
    4. Long underwear. \1\
    5. Gloves, outer, chemical-resistant.
    6. Gloves, inner, chemical-resistant.
    7. Boots, chemical-resistant, steel toe and shank.
    8. Hard hat (under suit). \1\
    9. Disposable protective suit, gloves and boots (depending on suit 
construction, may be worn over totally-encapsulating suit).
    II. Level B--The highest level of respiratory protection is 
necessary but a lesser level of skin protection is needed.
    The following constitute Level B equipment; it may be used as 
appropriate.
    1. Positive pressure, full-facepiece self-contained breathing 
apparatus (SCBA), or positive pressure supplied air respirator with 
escape SCBA (NIOSH approved).
    2. Hooded chemical-resistant clothing (overalls and long-sleeved 
jacket; coveralls; one or two-piece chemical-splash suit; disposable 
chemical-resistant overalls).
    3. Coveralls. \1\
    4. Gloves, outer, chemical-resistant.
    5. Gloves, inner, chemical-resistant.
    6. Boots, outer, chemical-resistant steel toe and shank.
    7. Boot-covers, outer, chemical-resistant (disposable). \1\
    8. Hard hat. \1\
    9. [Reserved]
    10. Face shield. \1\
    III. Level C--The concentration(s) and type(s) of airborne 
substance(s) is known and the criteria for using air purifying 
respirators are met.
    The following constitute Level C equipment; it may be used as 
appropriate.
    1. Full-face or half-mask, air purifying respirators (NIOSH 
approved).
    2. Hooded chemical-resistant clothing (overalls; two-piece chemical-
splash suit; disposable chemical-resistant overalls).
    3. Coveralls. \1\
---------------------------------------------------------------------------

    \1\ Optional, as applicable.
---------------------------------------------------------------------------

    4. Gloves, outer, chemical-resistant.
    5. Gloves, inner, chemical-resistant.
    6. Boots (outer), chemical-resistant steel toe and shank. \1\
    7. Boot-covers, outer, chemical-resistant (disposable) \1\.
    8. Hard hat. \1\
    9. Escape mask. \1\
    10. Face shield. \1\
    IV. Level D--A work uniform affording minimal protection, used for 
nuisance contamination only.
    The following constitute Level D equipment; it may be used as 
appropriate:
    1. Coveralls.
    2. Gloves. \1\
    3. Boots/shoes, chemical-resistant steel toe and shank.
    4. Boots, outer, chemical-resistant (disposable). \1\
    5. Safety glasses or chemical splash goggles *.
    6. Hard hat. \1\
    7. Escape mask. \1\
    8. Face shield. \1\
    Part B. The types of hazards for which levels A, B, C, and D 
protection are appropriate are described below:
    I. Level A--Level A protection should be used when:
    1. The hazardous substance has been identified and requires the 
highest level of protection for skin, eyes, and the respiratory system 
based on either the measured (or potential for) high concentration of 
atmospheric vapors, gases, or particulates; or the site operations and 
work functions involve a high potential for splash, immersion, or 
exposure to unexpected vapors, gases, or particulates of materials that 
are harmful to skin or capable of being absorbed through the skin;
    2. Substances with a high degree of hazard to the skin are known or 
suspected to be present, and skin contact is possible; or
    3. Operations are being conducted in confined, poorly ventilated 
areas, and the absence of conditions requiring Level A have not yet been 
determined.
    II. Level B--Level B protection should be used when:
    1. The type and atmospheric concentration of substances have been 
identified and require a high level of respiratory protection, but less 
skin protection;
    2. The atmosphere contains less than 19.5 percent oxygen; or
    3. The presence of incompletely identified vapors or gases is 
indicated by a direct-reading organic vapor detection instrument, but 
vapors and gases are not suspected of containing high levels of 
chemicals harmful to skin or capable of being absorbed through the skin.

    Note: This involves atmospheres with IDLH concentrations of specific 
substances that present severe inhalation hazards and that do not 
represent a severe skin hazard; or that do not meet the criteria for use 
of air-purifying respirators.

    III. Level C--Level C protection should be used when:
    1. The atmospheric contaminants, liquid splashes, or other direct 
contact will not adversely affect or be absorbed through any exposed 
skin;
    2. The types of air contaminants have been identified, 
concentrations measured, and an air-purifying respirator is available 
that can remove the contaminants; and

[[Page 149]]

    3. All criteria for the use of air-purifying respirators are met.
    IV. Level D--Level D protection should be used when:
    1. The atmosphere contains no known hazard; and
    2. Work functions preclude splashes, immersion, or the potential for 
unexpected inhalation of or contact with hazardous levels of any 
chemicals.

    Note: As stated before, combinations of personal protective 
equipment other than those described for Levels A, B, C, and D 
protection may be more appropriate and may be used to provide the proper 
level of protection.
    As an aid in selecting suitable chemical protective clothing, it 
should be noted that the National Fire Protection Association (NFPA) has 
developed standards on chemical protective clothing. The standards that 
have been adopted by include:
    NFPA 1991--Standard on Vapor-Protective Suits for Hazardous Chemical 
Emergencies (EPA Level A Protective Clothing).
    NFPA 1992--Standard on Liquid Splash-Protective Suits for Hazardous 
Chemical Emergencies (EPA Level B Protective Clothing).
    NFPA 1993--Standard on Liquid Splash-Protective Suits for Non-
emergency, Non-flammable Hazardous Chemical Situations (EPA Level B 
Protective Clothing).
    These standards apply documentation and performance requirements to 
the manufacture of chemical protective suits. Chemical protective suits 
meeting these requirements are labelled as compliant with the 
appropriate standard. It is recommended that chemical protective suits 
that meet these standards be used.

           Appendix C to Sec.  1926.65--Compliance Guidelines

    1. Occupational Safety and Health Program. Each hazardous waste site 
clean-up effort will require an occupational safety and health program 
headed by the site coordinator or the employer's representative. The 
purpose of the program will be the protection of employees at the site 
and will be an extension of the employer's overall safety and health 
program. The program will need to be developed before work begins on the 
site and implemented as work proceeds as stated in paragraph (b). The 
program is to facilitate coordination and communication of safety and 
health issues among personnel responsible for the various activities 
which will take place at the site. It will provide the overall means for 
planning and implementing the needed safety and health training and job 
orientation of employees who will be working at the site. The program 
will provide the means for identifying and controlling worksite hazards 
and the means for monitoring program effectiveness. The program will 
need to cover the responsibilities and authority of the site coordinator 
or the employer's manager on the site for the safety and health of 
employees at the site, and the relationships with contractors or support 
services as to what each employer's safety and health responsibilities 
are for their employees on the site. Each contractor on the site needs 
to have its own safety and health program so structured that it will 
smoothly interface with the program of the site coordinator or principal 
contractor.
    Also those employers involved with treating, storing or disposal of 
hazardous waste as covered in paragraph (p) must have implemented a 
safety and health program for their employees. This program is to 
include the hazard communication program required in paragraph (p)(1) 
and the training required in paragraphs (p)(7) and (p)(8) as parts of 
the employers comprehensive overall safety and health program. This 
program is to be in writing.
    Each site or workplace safety and health program will need to 
include the following: (1) Policy statements of the line of authority 
and accountability for implementing the program, the objectives of the 
program and the role of the site safety and health supervisor or manager 
and staff; (2) means or methods for the development of procedures for 
identifying and controlling workplace hazards at the site; (3) means or 
methods for the development and communication to employees of the 
various plans, work rules, standard operating procedures and practices 
that pertain to individual employees and supervisors; (4) means for the 
training of supervisors and employees to develop the needed skills and 
knowledge to perform their work in a safe and healthful manner; (5) 
means to anticipate and prepare for emergency situations; and (6) means 
for obtaining information feedback to aid in evaluating the program and 
for improving the effectiveness of the program. The management and 
employees should be trying continually to improve the effectiveness of 
the program thereby enhancing the protection being afforded those 
working on the site.
    Accidents on the site or workplace should be investigated to provide 
information on how such occurrences can be avoided in the future. When 
injuries or illnesses occur on the site or workplace, they will need to 
be investigated to determine what needs to be done to prevent this 
incident from occurring again. Such information will need to be used as 
feedback on the effectiveness of the program and the information turned 
into positive steps to prevent any reoccurrence. Receipt of employee 
suggestions or complaints relating to safety and health issues involved 
with site or workplace activities is also a

[[Page 150]]

feedback mechanism that can be used effectively to improve the program 
and may serve in part as an evaluative tool(s).
    For the development and implementation of the program to be the most 
effective, professional safety and health personnel should be used. 
Certified Safety Professionals, Board Certified Industrial Hygienists or 
Registered Professional Safety Engineers are good examples of 
professional stature for safety and health managers who will administer 
the employer's program.
    2. Training. The training programs for employees subject to the 
requirements of paragraph (e) of this standard should address: the 
safety and health hazards employees should expect to find on hazardous 
waste clean-up sites; what control measures or techniques are effective 
for those hazards; what monitoring procedures are effective in 
characterizing exposure levels; what makes an effective employer's 
safety and health program; what a site safety and health plan should 
include; hands on training with personal protective equipment and 
clothing they may be expected to use; the contents of the OSHA standard 
relevant to the employee's duties and function; and, employee's 
responsibilities under OSHA and other regulations. Supervisors will need 
training in their responsibilities under the safety and health program 
and its subject areas such as the spill containment program, the 
personal protective equipment program, the medical surveillance program, 
the emergency response plan and other areas.
    The training programs for employees subject to the requirements of 
paragraph (p) of this standard should address: the employers safety and 
health program elements impacting employees; the hazard communication 
program; the medical surveillance program; the hazards and the controls 
for such hazards that employees need to know for their job duties and 
functions. All require annual refresher training.
    The training programs for employees covered by the requirements of 
paragraph (q) of this standard should address those competencies 
required for the various levels of response such as: the hazards 
associated with hazardous substances; hazard identification and 
awareness; notification of appropriate persons; the need for and use of 
personal protective equipment including respirators; the decontamination 
procedures to be used; preplanning activities for hazardous substance 
incidents including the emergency reponse plan; company standard 
operating procedures for hazardous substance emergency responses; the 
use of the incident command system and other subjects. Hands-on training 
should be stressed whenever possible. Critiques done after an incident 
which include an evaluation of what worked and what did not and how 
could the incident be better handled the next time may be counted as 
training time.
    For hazardous materials specialists (usually members of hazardous 
materials teams), the training should address the care, use and/or 
testing of chemical protective clothing including totally encapsulating 
suits, the medical surveillance program, the standard operating 
procedures for the hazardous materials team including the use of 
plugging and patching equipment and other subject areas.
    Officers and leaders who may be expected to be in charge at an 
incident should be fully knowledgeable of their company's incident 
command system. They should know where and how to obtain additional 
assistance and be familiar with the local district's emergency response 
plan and the state emergency response plan.
    Specialist employees such as technical experts, medical experts or 
environmental experts that work with hazardous materials in their 
regular jobs, who may be sent to the incident scene by the shipper, 
manufacturer or governmental agency to advise and assist the person in 
charge of the incident should have training on an annual basis. Their 
training should include the care and use of personal protective 
equipment including respirators; knowledge of the incident command 
system and how they are to relate to it; and those areas needed to keep 
them current in their respective field as it relates to safety and 
health involving specific hazardous substances.
    Those skilled support personnel, such as employees who work for 
public works departments or equipment operators who operate bulldozers, 
sand trucks, backhoes, etc., who may be called to the incident scene to 
provide emergency support assistance, should have at least a safety and 
health briefing before entering the area of potential or actual 
exposure. These skilled support personnel, who have not been a part of 
the emergency response plan and do not meet the training requirements, 
should be made aware of the hazards they face and should be provided all 
necessary protective clothing and equipment required for their tasks.
    There are two National Fire Protection Association standards, NFPA 
472--``Standard for Professional Competence of Responders to Hazardous 
Material Incidents'' and NFPA 471--``Recommended Practice for Responding 
to Hazardous Material Incidents'', which are excellent resource 
documents to aid fire departments and other emergency response 
organizations in developing their training program materials. NFPA 472 
provides guidance on the skills and knowledge needed for first responder 
awareness level, first responder operations level, hazmat technicians, 
and hazmat specialist. It also offers guidance for the officer corp who 
will be in charge of hazardous substance incidents.

[[Page 151]]

    3. Decontamination. Decontamination procedures should be tailored to 
the specific hazards of the site, and may vary in complexity and number 
of steps, depending on the level of hazard and the employee's exposure 
to the hazard. Decontamination procedures and PPE decontamination 
methods will vary depending upon the specific substance, since one 
procedure or method may not work for all substances. Evaluation of 
decontamination methods and procedures should be performed, as 
necessary, to assure that employees are not exposed to hazards by re-
using PPE. References in appendix D may be used for guidance in 
establishing an effective decontamination program. In addition, the U.S. 
Coast Guard's Manual, ``Policy Guidance for Response to Hazardous 
Chemical Releases,'' U.S. Department of Transportation, Washington, DC 
(COMDTINST M16465.30) is a good reference for establishing an effective 
decontamination program.
    4. Emergency response plans. States, along with designated districts 
within the states, will be developing or have developed local emergency 
response plans. These state and district plans should be utilized in the 
emergency response plans called for in the standard. Each employer 
should assure that its emergency response plan is compatible with the 
local plan. The major reference being used to aid in developing the 
state and local district plans is the Hazardous Materials Emergency 
Planning Guide, NRT-1. The current Emergency Response Guidebook from the 
U.S. Department of Transportation, CMA's CHEMTREC and the Fire Service 
Emergency Management Handbook may also be used as resources.
    Employers involved with treatment, storage, and disposal facilities 
for hazardous waste, which have the required contingency plan called for 
by their permit, would not need to duplicate the same planning elements. 
Those items of the emergency response plan that are properly addressed 
in the contingency plan may be substituted into the emergency response 
plan required in 1926.65 or otherwise kept together for employer and 
employee use.
    5. Personal protective equipment programs. The purpose of personal 
protective clothing and equipment (PPE) is to shield or isolate 
individuals from the chemical, physical, and biologic hazards that may 
be encountered at a hazardous substance site.
    As discussed in appendix B, no single combination of protective 
equipment and clothing is capable of protecting against all hazards. 
Thus PPE should be used in conjunction with other protective methods and 
its effectiveness evaluated periodically.
    The use of PPE can itself create significant worker hazards, such as 
heat stress, physical and psychological stress, and impaired vision, 
mobility, and communication. For any given situation, equipment and 
clothing should be selected that provide an adequate level of 
protection. However, over-protection, as well as under-protection, can 
be hazardous and should be avoided where possible.
    Two basic objectives of any PPE program should be to protect the 
wearer from safety and health hazards, and to prevent injury to the 
wearer from incorrect use and/or malfunction of the PPE. To accomplish 
these goals, a comprehensive PPE program should include hazard 
identification, medical monitoring, environmental surveillance, 
selection, use, maintenance, and decontamination of PPE and its 
associated training.
    The written PPE program should include policy statements, 
procedures, and guidelines. Copies should be made available to all 
employees, and a reference copy should be made available at the 
worksite. Technical data on equipment, maintenance manuals, relevant 
regulations, and other essential information should also be collected 
and maintained.
    6. Incident command system (ICS). Paragraph 1926.65(q)(3)(ii) 
requires the implementation of an ICS. The ICS is an organized approach 
to effectively control and manage operations at an emergency incident. 
The individual in charge of the ICS is the senior official responding to 
the incident. The ICS is not much different than the ``command post'' 
approach used for many years by the fire service. During large complex 
fires involving several companies and many pieces of apparatus, a 
command post would be established. This enabled one individual to be in 
charge of managing the incident, rather than having several officers 
from different companies making separate, and sometimes conflicting, 
decisions. The individual in charge of the command post would delegate 
responsibility for performing various tasks to subordinate officers. 
Additionally, all communications were routed through the command post to 
reduce the number of radio transmissions and eliminate confusion. 
However, strategy, tactics, and all decisions were made by one 
individual.
    The ICS is a very similar system, except it is implemented for 
emergency response to all incidents, both large and small, that involve 
hazardous substances.
    For a small incident, the individual in charge of the ICS may 
perform many tasks of the ICS. There may not be any, or little, 
delegation of tasks to subordinates. For example, in response to a small 
incident, the individual in charge of the ICS, in addition to normal 
command activities, may become the safety officer and may designate only 
one employee (with proper equipment) as a back-up to provide assistance 
if needed. OSHA does recommend, however, that at least two employees be 
designated as back-up personnel since the assistance needed may include 
rescue.

[[Page 152]]

    To illustrate the operation of the ICS, the following scenario might 
develop during a small incident, such as an overturned tank truck with a 
small leak of flammable liquid.
    The first responding senior officer would implement and take command 
of the ICS. That person would size-up the incident and determine if 
additional personnel and apparatus were necessary; would determine what 
actions to take to control the leak; and, determine the proper level of 
personal protective equipment. If additional assistance is not needed, 
the individual in charge of the ICS would implement actions to stop and 
control the leak using the fewest number of personnel that can 
effectively accomplish the tasks. The individual in charge of the ICS 
then would designate himself as the safety officer and two other 
employees as a back-up in case rescue may become necessary. In this 
scenario, decontamination procedures would not be necessary.
    A large complex incident may require many employees and difficult, 
time-consuming efforts to control. In these situations, the individual 
in charge of the ICS will want to delegate different tasks to 
subordinates in order to maintain a span of control that will keep the 
number of subordinates, that are reporting, to a manageable level.
    Delegation of task at large incidents may be by location, where the 
incident scene is divided into sectors, and subordinate officers 
coordinate activities within the sector that they have been assigned.
    Delegation of tasks can also be by function. Some of the functions 
that the individual in charge of the ICS may want to delegate at a large 
incident are: medical services; evacuation; water supply; resources 
(equipment, apparatus); media relations; safety; and, site control 
(integrate activities with police for crowd and traffic control). Also 
for a large incident, the individual in charge of the ICS will designate 
several employees as back-up personnel; and a number of safety officers 
to monitor conditions and recommend safety precautions.
    Therefore, no matter what size or complexity an incident may be, by 
implementing an ICS there will be one individual in charge who makes the 
decisions and gives directions; and, all actions, and communications are 
coordinated through one central point of command. Such a system should 
reduce confusion, improve safety, organize and coordinate actions, and 
should facilitate effective management of the incident.
    7. Site Safety and Control Plans. The safety and security of 
response personnel and others in the area of an emergeny response 
incident site should be of primary concern to the incident commander. 
The use of a site safety and control plan could greatly assist those in 
charge of assuring the safety and health of employees on the site.
    A comprehensive site safety and control plan should include the 
following: summary analysis of hazards on the site and a risk analysis 
of those hazards; site map or sketch; site work zones (clean zone, 
transition or decontamination zone, work or hot zone); use of the buddy 
system; site communications; command post or command center; standard 
operating procedures and safe work practices; medical assistance and 
triage area; hazard monitoring plan (air contaminate monitoring, etc.); 
decontamination procedures and area; and other relevant areas. This plan 
should be a part of the employer's emergency response plan or an 
extension of it to the specific site.
    8. Medical surveillance programs. Workers handling hazardous 
substances may be exposed to toxic chemicals, safety hazards, biologic 
hazards, and radiation. Therefore, a medical surveillance program is 
essential to assess and monitor workers' health and fitness for 
employment in hazardous waste operations and during the course of work; 
to provide emergency and other treatment as needed; and to keep accurate 
records for future reference.
    The Occupational Safety and Health Guidance Manual for Hazardous 
Waste Site Activities developed by the National Institute for 
Occupational Safety and Health (NIOSH), the Occupational Safety and 
Health Administration (OSHA), the U.S. Coast Guard (USCG), and the 
Environmental Protection Agency (EPA); October 1985 provides an 
excellent example of the types of medical testing that should be done as 
part of a medical surveillance program.
    9. New Technology and Spill Containment Programs. Where hazardous 
substances may be released by spilling from a container that will expose 
employees to the hazards of the materials, the employer will need to 
implement a program to contain and control the spilled material. Diking 
and ditching, as well as use of absorbents like diatomaceous earth, are 
traditional techniques which have proven to be effective over the years. 
However, in recent years new products have come into the marketplace, 
the use of which complement and increase the effectiveness of these 
traditional methods. These new products also provide emergency 
responders and others with additional tools or agents to use to reduce 
the hazards of spilled materials.
    These agents can be rapidly applied over a large area and can be 
uniformly applied or otherwise can be used to build a small dam, thus 
improving the workers' ability to control spilled material. These 
application techniques enhance the intimate contact between the agent 
and the spilled material allowing for the quickest effect by the agent 
or quickest control of the spilled material. Agents are available to 
solidify liquid spilled materials, to suppress vapor generation from

[[Page 153]]

spilled materials, and to do both. Some special agents, which when 
applied as recommended by the manufacturer, will react in a controlled 
manner with the spilled material to neutralize acids or caustics, or 
greatly reduce the level of hazard of the spilled material.
    There are several modern methods and devices for use by emergency 
response personnel or others involved with spill control efforts to 
safely apply spill control agents to control spilled material hazards. 
These include portable pressurized applicators similar to hand-held 
portable fire extinguishing devices, and nozzle and hose systems similar 
to portable fire fighting foam systems which allow the operator to apply 
the agent without having to come into contact with the spilled material. 
The operator is able to apply the agent to the spilled material from a 
remote position.
    The solidification of liquids provides for rapid containment and 
isolation of hazardous substance spills. By directing the agent at run-
off points or at the edges of the spill, the reactant solid will 
automatically create a barrier to slow or stop the spread of the 
material. Clean-up of hazardous substances is greatly improved when 
solidifying agents, acid or caustic neutralizers, or activated carbon 
adsorbents are used. Properly applied, these agents can totally solidify 
liquid hazardous substances or neutralize or absorb them, which results 
in materials which are less hazardous and easier to handle, transport, 
and dispose of. The concept of spill treatment, to create less hazardous 
substances, will improve the safety and level of protection of employees 
working at spill clean-up operations or emergency response operations to 
spills of hazardous substances.
    The use of vapor suppression agents for volatile hazardous 
substances, such as flammable liquids and those substances which present 
an inhalation hazard, is important for protecting workers. The rapid and 
uniform distribution of the agent over the surface of the spilled 
material can provide quick vapor knockdown. There are temporary and 
long-term foam-type agents which are effective on vapors and dusts, and 
activated carbon adsorption agents which are effective for vapor control 
and soaking-up of the liquid. The proper use of hose lines or hand-held 
portable pressurized applicators provides good mobility and permits the 
worker to deliver the agent from a safe distance without having to step 
into the untreated spilled material. Some of these systems can be 
recharged in the field to provide coverage of larger spill areas than 
the design limits of a single charged applicator unit. Some of the more 
effective agents can solidify the liquid flammable hazardous substances 
and at the same time elevate the flashpoint above 140 [deg]F so the 
resulting substance may be handled as a nonhazardous waste material if 
it meets the U.S. Environmental Protection Agency's 40 CFR part 261 
requirements (See particularly Sec.  261.21).
    All workers performing hazardous substance spill control work are 
expected to wear the proper protective clothing and equipment for the 
materials present and to follow the employer's established standard 
operating procedures for spill control. All involved workers need to be 
trained in the established operating procedures; in the use and care of 
spill control equipment; and in the associated hazards and control of 
such hazards of spill containment work.
    These new tools and agents are the things that employers will want 
to evaluate as part of their new technology program. The treatment of 
spills of hazardous substances or wastes at an emergency incident as 
part of the immediate spill containment and control efforts is sometimes 
acceptable to EPA and a permit exception is described in 40 CFR 
264.1(g)(8) and 265.1(c)(11).

                 Appendix D to Sec.  1926.65--References

    The following references may be consulted for further information on 
the subject of this standard:
    1. OSHA Instruction DFO CPL 2.70--January 29, 1986, Special Emphasis 
Program: Hazardous Waste Sites.
    2. OSHA Instruction DFO CPL 2-2.37A--January 29, 1986, Technical 
Assistance and Guidelines for Superfund and Other Hazardous Waste Site 
Activities.
    3. OSHA Instruction DTS CPL 2.74--January 29, 1986, Hazardous Waste 
Activity Form, OSHA 175.
    4. Hazardous Waste Inspections Reference Manual, U.S. Department of 
Labor, Occupational Safety and Health Administration, 1986.
    5. Memorandum of Understanding Among the National Institute for 
Occupational Safety and Health, the Occupational Safety and Health 
Administration, the United States Coast Guard, and the United States 
Environmental Protection Agency, Guidance for Worker Protection During 
Hazardous Waste Site Investigations and Clean-up and Hazardous Substance 
Emergencies. December 18, 1980.
    6. National Priorities List, 1st Edition, October 1984; U.S. 
Environmental Protection Agency, Revised periodically.
    7. The Decontamination of Response Personnel, Field Standard 
Operating Procedures (F.S.O.P.) 7; U.S. Environmental Protection Agency, 
Office of Emergency and Remedial Response, Hazardous Response Support 
Division, December 1984.
    8. Preparation of a Site Safety Plan, Field Standard Operating 
Procedures (F.S.O.P.) 9; U.S. Environmental Protection Agency, Office of 
Emergency and Remedial Response, Hazardous Response Support Division, 
April 1985.

[[Page 154]]

    9. Standard Operating Safety Guidelines; U.S. Environmental 
Protection Agency, Office of Emergency and Remedial Response, Hazardous 
Response Support Division, Environmental Response Team; November 1984.
    10. Occupational Safety and Health Guidance Manual for Hazardous 
Waste Site Activities, National Institute for Occupational Safety and 
Health (NIOSH), Occupational Safety and Health Administration (OSHA), 
U.S. Coast Guard (USCG), and Environmental Protection Agency (EPA); 
October 1985.
    11. Protecting Health and Safety at Hazardous Waste Sites: An 
Overview, U.S. Environmental Protection Agency, EPA/625/9-85/006; 
September 1985.
    12. Hazardous Waste Sites and Hazardous Substance Emergencies, NIOSH 
Worker Bulletin, U.S. Department of Health and Human Services, Public 
Health Service, Centers for Disease Control, National Institute for 
Occupational Safety and Health; December 1982.
    13. Personal Protective Equipment for Hazardous Materials Incidents: 
A Selection Guide; U.S. Department of Health and Human Services, Public 
Health Service, Centers for Disease Control, National Institute for 
Occupational Safety and Health; October 1984.
    14. Fire Service Emergency Management Handbook, International 
Association of Fire Chiefs Foundation, 101 East Holly Avenue, Unit 10B, 
Sterling, VA 22170, January 1985.
    15. Emergency Response Guidebook, U.S Department of Transportation, 
Washington, DC, 1987.
    16. Report to the Congress on Hazardous Materials Training, Planning 
and Preparedness, Federal Emergency Management Agency, Washington, DC, 
July 1986.
    17. Workbook for Fire Command, Alan V. Brunacini and J. David 
Beageron, National Fire Protection Association, Batterymarch Park, 
Quincy, MA 02269, 1985.
    18. Fire Command, Alan V. Brunacini, National Fire Protection 
Association, Batterymarch Park,, Quincy, MA 02269, 1985.
    19. Incident Command System, Fire Protection Publications, Oklahoma 
State University, Stillwater, OK 74078, 1983.
    20. Site Emergency Response Planning, Chemical Manufacturers 
Association, Washington, DC 20037, 1986.
    21. Hazardous Materials Emergency Planning Guide, NRT-1, 
Environmental Protection Agency, Washington, DC, March 1987.
    22. Community Teamwork: Working Together to Promote Hazardous 
Materials Transportation Safety. U.S. Department of Transportation, 
Washington, DC, May 1983.
    23. Disaster Planning Guide for Business and Industry, Federal 
Emergency Management Agency, Publication No. FEMA 141, August 1987.

       Appendix E to Sec.  1926.65--Training Curriculum Guidelines

    The following non-mandatory general criteria may be used for 
assistance in developing site-specific training curriculum used to meet 
the training requirements of 29 CFR 1926.65(e); 29 CFR 1926.65(p)(7), 
(p)(8)(iii); and 29 CFR 1926.65(q)(6), (q)(7), and (q)(8). These are 
generic guidelines and they are not presented as a complete training 
curriculum for any specific employer. Site-specific training programs 
must be developed on the basis of a needs assessment of the hazardous 
waste site, RCRA/TSDF, or emergency response operation in accordance 
with 29 CFR 1926.65.

    It is noted that the legal requirements are set forth in the 
regulatory text of Sec.  1926.65. The guidance set forth here presents a 
highly effective program that in the areas covered would meet or exceed 
the regulatory requirements. In addition, other approaches could meet 
the regulatory requirements.

    Suggested General Criteria
    Definitions:
    Competent means possessing the skills, knowledge, experience, and 
judgment to perform assigned tasks or activities satisfactorily as 
determined by the employer.
    Demonstration means the showing by actual use of equipment or 
procedures.
    Hands-on training means training in a simulated work environment 
that permits each student to have experience performing tasks, making 
decisions, or using equipment appropriate to the job assignment for 
which the training is being conducted.
    Initial training means training required prior to beginning work.
    Lecture means an interactive discourse with a class lead by an 
instructor.
    Proficient means meeting a stated level of achievement.
    Site-specific means individual training directed to the operations 
of a specific job site.
    Training hours means the number of hours devoted to lecture, 
learning activities, small group work sessions, demonstration, 
evaluations, or hands-on experience.

    Suggested Core Criteria:
    1. Training facility. The training facility should have available 
sufficient resources, equipment, and site locations to perform didactic 
and hands-on training when appropriate. Training facilities should have 
sufficient organization, support staff, and services to conduct training 
in each of the courses offered.
    2. Training Director. Each training program should be under the 
direction of a training director who is responsible for the program. The 
Training Director should have a minimum of two years of employee 
education experience.

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    3. Instructors. Instructors should be deem competent on the basis of 
previous documented experience in their area of instruction, successful 
completion of a ``train-the-trainer'' program specific to the topics 
they will teach, and an evaluation of instructional competence by the 
Training Director.
    Instructors should be required to maintain professional competency 
by participating in continuing education or professional development 
programs or by completing successfully an annual refresher course and 
having an annual review by the Training Director.
    The annual review by the Training Director should include 
observation of an instructor's delivery, a review of those observations 
with the trainer, and an analysis of any instructor or class evaluations 
completed by the students during the previous year.
    4. Course materials. The Training Director should approve all course 
materials to be used by the training provider. Course materials should 
be reviewed and updated at least annually. Materials and equipment 
should be in good working order and maintained properly.
    All written and audio-visual materials in training curricula should 
be peer reviewed by technically competent outside reviewers or by a 
standing advisory committee.
    Reviews should possess expertise in the following disciplines were 
applicable: occupational health, industrial hygiene and safety, 
chemical/environmental engineering, employee education, or emergency 
response. One or more of the peer reviewers should be a employee 
experienced in the work activities to which the training is directed.
    5. Students. The program for accepting students should include:
    a. Assurance that the student is or will be involved in work where 
chemical exposures are likely and that the student possesses the skills 
necessary to perform the work.
    b. A policy on the necessary medical clearance.
    6. Ratios. Student-instructor ratios should not exceed 30 students 
per instructor. Hands-on activity requiring the use of personal 
protective equipment should have the following student-instructor 
ratios. For Level C or Level D personal protective equipment the ratio 
should be 10 students per instructor. For Level A or Level B personal 
protective equipment the ratio should be 5 students per instructor.
    7. Proficiency assessment. Proficiency should be evaluated and 
documented by the use of a written assessment and a skill demonstration 
selected and developed by the Training Director and training staff. The 
assessment and demonstration should evaluate the knowledge and 
individual skills developed in the course of training. The level of 
minimum achievement necessary for proficiency shall be specified in 
writing by the Training Director.
    If a written test is used, there should be a minimum of 50 
questions. If a written test is used in combination with a skills 
demonstration, a minimum of 25 questions should be used. If a skills 
demonstration is used, the tasks chosen and the means to rate successful 
completion should be fully documented by the Training Director.
    The content of the written test or of the skill demonstration shall 
be relevant to the objectives of the course. The written test and skill 
demonstration should be updated as necessary to reflect changes in the 
curriculum and any update should be approved by the Training Director.
    The proficiency assessment methods, regardless of the approach or 
combination of approaches used, should be justified, document and 
approved by the Training Director.
    The proficiency of those taking the additional courses for 
supervisors should be evaluated and document by using proficiency 
assessment methods acceptable to the Training Director. These 
proficiency assessment methods must reflect the additional 
responsibilities borne by supervisory personnel in hazardous waste 
operations or emergency response.
    8. Course certificate. Written documentation should be provided to 
each student who satisfactorily completes the training course. The 
documentation should include:
    a. Student's name.
    b. Course title.
    c. Course date.
    d. Statement that the student has successfully completed the course.
    e. Name and address of the training provider.
    f. An individual identification number for the certificate.
    g. List of the levels of personal protective equipment used by the 
student to complete the course.
    This documentation may include a certificate and an appropriate 
wallet-sized laminated card with a photograph of the student and the 
above information. When such course certificate cards are used, the 
individual identification number for the training certificate should be 
shown on the card.
    9. Recordkeeping. Training providers should maintain records listing 
the dates courses were presented, the names of the individual course 
attenders, the names of those students successfully completing each 
course, and the number of training certificates issued to each 
successful student. These records should be maintained for a minimum of 
five years after the date an individual participated in a training 
program offered by the training provider. These records should be 
available and provided upon the student's request or as mandated by law.
    10. Program quality control. The Training Director should conduct or 
direct an annual

[[Page 156]]

written audit of the training program. Program modifications to address 
deficiencies, if any, should be documented, approved, and implemented by 
the training provider. The audit and the program modification documents 
should be maintained at the training facility.

    Suggested Program Quality Control Criteria
    Factors listed here are suggested criteria for determining the 
quality and appropriateness of employee health and safety training for 
hazardous waste operations and emergency response.

    A. Training Plan.
    Adequacy and appropriateness of the training program's curriculum 
development, instructor training, distribution of course materials, and 
direct student training should be considered, including
    1. The duration of training, course content, and course schedules/
agendas;
    2. The different training requirements of the various target 
populations, as specified in the appropriate generic training 
curriculum;
    3. The process for the development of curriculum, which includes 
appropriate technical input, outside review, evaluation, program 
pretesting.
    4. The adequate and appropriate inclusion of hands-on, 
demonstration, and instruction methods;
    5. Adequate monitoring of student safety, progress, and performance 
during the training.

    B. Program management, Training Director, staff, and consultants.
    Adequacy and appropriateness of staff performance and delivering an 
effective training program should be considered, including
    1. Demonstration of the training director's leadership in assuring 
quality of health and safety training.
    2. Demonstration of the competency of the staff to meet the demands 
of delivering high quality hazardous waste employee health and safety 
training.
    3. Organization charts establishing clear lines of authority.
    4. Clearly defined staff duties including the relationship of the 
training staff to the overall program.
    5. Evidence that the training organizational structure suits the 
needs of the training program.
    6. Appropriateness and adequacy of the training methods used by the 
instructors.
    7. Sufficiency of the time committed by the training director and 
staff to the training program.
    8. Adequacy of the ratio of training staff to students.
    9. Availability and commitment of the training program of adequate 
human and equipment resources in the areas of
    a. Health effects,
    b. Safety,
    c. Personal protective equipment (PPE),
    d. Operational procedures,
    e. Employee protection practices/procedures.
    10. Appropriateness of management controls.
    11. Adequacy of the organization and appropriate resources assigned 
to assure appropriate training.
    12. In the case of multiple-site training programs, adequacy of 
satellite centers management.

    C. Training facilities and resources.
    Adequacy and appropriateness of the facilities and resources for 
supporting the training program should be considered, including,
    1. Space and equipment to conduct the training.
    2. Facilities for representative hands-on training.
    3. In the case of multiple-site programs, equipment and facilities 
at the satellite centers.
    4. Adequacy and appropriateness of the quality control and 
evaluations program to account for instructor performance.
    5. Adequacy and appropriateness of the quality control and 
evaluation program to ensure appropriate course evaluation, feedback, 
updating, and corrective action.
    6. Adequacy and appropriateness of disciplines and expertise being 
used within the quality control and evaluation program.
    7. Adequacy and appropriateness of the role of student evaluations 
to provide feedback for training program improvement.

    D. Quality control and evaluation.
    Adequacy and appropriateness of quality control and evaluation plans 
for training programs should be considered, including:
    1. A balanced advisory committee and/or competent outside reviewers 
to give overall policy guidance;
    2. Clear and adequate definition of the composition and active 
programmatic role of the advisory committee or outside reviewers.
    3. Adequacy of the minutes or reports of the advisory committee or 
outside reviewers' meetings or written communication.
    4. Adequacy and appropriateness of the quality control and 
evaluations program to account for instructor performance.
    5. Adequacy and appropriateness of the quality control and 
evaluation program to ensure appropriate course evaluation, feedback, 
updating, and corrective action.
    6. Adequacy and appropriateness of disciplines and expertise being 
used within the quality control and evaluation program.
    7. Adequacy and appropriateness of the role of student evaluations 
to provide feedback for training program improvement.

    E. Students

[[Page 157]]

    Adequacy and appropriateness of the program for accepting students 
should be considered, including
    1. Assurance that the student already possess the necessary skills 
for their job, including necessary documentation.
    2. Appropriateness of methods the program uses to ensure that 
recruits are capable of satisfactorily completing training.
    3. Review and compliance with any medical clearance policy.

    F. Institutional Environment and Administrative Support. The 
adequacy and appropriateness of the institutional environment and 
administrative support system for the training program should be 
considered, including
    1. Adequacy of the institutional commitment to the employee training 
program.
    2. Adequacy and appropriateness of the administrative structure and 
administrative support.

    G. Summary of Evaluation Questions Key questions for evaluating the 
quality and appropriateness of an overall training program should 
include the following:
    1. Are the program objectives clearly stated?
    2. Is the program accomplishing its objectives?
    3. Are appropriate facilities and staff available?
    4. Is there an appropriate mix of classroom, demonstration, and 
hands-on training?
    5. Is the program providing quality employee health and safety 
training that fully meets the intent of regulatory requirements?
    6. What are the program's main strengths?
    7. What are the program's main weaknesses?
    8. What is recommended to improve the program?
    9. Are instructors instructing according to their training outlines?
    10. Is the evaluation tool current and appropriate for the program 
content?
    11. Is the course material current and relevant to the target group?

    Suggested Training Curriculum Guidelines
    The following training curriculum guidelines are for those 
operations specifically identified in 29 CFR 1926.65 as requiring 
training. Issues such as qualifications of instructors, training 
certification, and similar criteria appropriate to all categories of 
operations addressed in 1926.65 have been covered in the preceding 
section and are not re-addressed in each of the generic guidelines. 
Basic core requirements for training programs that are addressed include
    1. General Hazardous Waste Operations
    2. RCRA operations--Treatment, storage, and disposal facilities.
    3. Emergency Response.

    A. General Hazardous Waste Operations and Site-specific Training 1. 
Off-site training.
    Minimum training course content for hazardous waste operations, 
required by 29 CFR 1926.65(e), should include the following topics or 
procedures:
    a. Regulatory knowledge.
    (1) A review of 29 CFR 1926.65 and the core elements of an 
occupational safety and health program.
    (2) The content of a medical surveillance program as outlined in 29 
CFR 1926.65(f).
    (3) The content of an effective site safety and health plan 
consistent with the requirements of 29 CFR 1926.65(b)(4)(ii).
    (4) Emergency response plan and procedures as outlined in 29 CFR 
1910.38 and 29 CFR 1926.65(l).
    (5) Adequate illumination.
    (6) Sanitation recommendation and equipment.
    (7) Review and explanation of OSHA's hazard-communication standard 
(29 CFR 1910.1200) and lock-out-tag-out standard (29 CFR 1910.147).
    (8) Review of other applicable standards including but not limited 
to those in the construction standards (29 CFR part 1926).
    (9) Rights and responsibilities of employers and employees under 
applicable OSHA and EPA laws.
    b. Technical knowledge. (1) Type of potential exposures to chemical, 
biological, and radiological hazards; types of human responses to these 
hazards and recognition of those responses; principles of toxicology and 
information about acute and chronic hazards; health and safety 
considerations of new technology.
    (2) Fundamentals of chemical hazards including but not limited to 
vapor pressure, boiling points, flash points, ph, other physical and 
chemical properties.
    (3) Fire and explosion hazards of chemicals.
    (4) General safety hazards such as but not limited to electrical 
hazards, powered equipment hazards, motor vehicle hazards, walking-
working surface hazards, excavation hazards, and hazards associated with 
working in hot and cold temperature extremes.
    (5) Review and knowledge of confined space entry procedures in 29 
CFR 1910.146.
    (6) Work practices to minimize employee risk from site hazards.
    (7) Safe use of engineering controls, equipment, and any new 
relevant safety technology or safety procedures.
    (8) Review and demonstration of competency with air sampling and 
monitoring equipment that may be used in a site monitoring program.
    (9) Container sampling procedures and safeguarding; general drum and 
container handling procedures including special requirement for 
laboratory waste packs, shock-sensitive wastes, and radioactive wastes.

[[Page 158]]

    (10) The elements of a spill control program.
    (11) Proper use and limitations of material handling equipment.
    (12) Procedures for safe and healthful preparation of containers for 
shipping and transport.
    (13) Methods of communication including those used while wearing 
respiratory protection.
    c. Technical skills. (1) Selection, use maintenance, and limitations 
of personal protective equipment including the components and procedures 
for carrying out a respirator program to comply with 29 CFR 1910.134.
    (2) Instruction in decontamination programs including personnel, 
equipment, and hardware; hands-on training including level A, B, and C 
ensembles and appropriate decontamination lines; field activities 
including the donning and doffing of protective equipment to a level 
commensurate with the employee's anticipated job function and 
responsibility and to the degree required by potential hazards.
    (3) Sources for additional hazard information; exercises using 
relevant manuals and hazard coding systems.
    d. Additional suggested items. (1) A laminated, dated card or 
certificate with photo, denoting limitations and level of protection for 
which the employee is trained should be issued to those students 
successfully completing a course.
    (2) Attendance should be required at all training modules, with 
successful completion of exercises and a final written or oral 
examination with at least 50 questions.
    (3) A minimum of one-third of the program should be devoted to 
hands-on exercises.
    (4) A curriculum should be established for the 8-hour refresher 
training required by 29 CFR 1926.65(e)(8), with delivery of such courses 
directed toward those areas of previous training that need improvement 
or reemphasis.
    (5) A curriculum should be established for the required 8-hour 
training for supervisors. Demonstrated competency in the skills and 
knowledge provided in a 40-hour course should be a prerequisite for 
supervisor training.
    2. Refresher training. The 8-hour annual refresher training required 
in 29 CFR 1926.65(e)(8) should be conducted by qualified training 
providers. Refresher training should include at a minimum the following 
topics and procedures:
    (a) Review of and retraining on relevant topics covered in the 40-
hour program, as appropriate, using reports by the students on their 
work experiences.
    (b) Update on developments with respect to material covered in the 
40-hour course.
    (c) Review of changes to pertinent provisions of EPA or OSHA 
standards or laws.
    (d) Introduction of additional subject areas as appropriate.
    (e) Hands-on review of new or altered PPE or decontamination 
equipment or procedures. Review of new developments in personal 
protective equipment.
    (f) Review of newly developed air and contaminant monitoring 
equipment.
    3. On-site training. a. The employer should provide employees 
engaged in hazardous waste site activities with information and training 
prior to initial assignment into their work area, as follows:
    (1) The requirements of the hazard communication program including 
the location and availability of the written program, required lists of 
hazardous chemicals, and safety data sheets.
    (2) Activities and locations in their work area where hazardous 
substance may be present.
    (3) Methods and observations that may be used to detect the present 
or release of a hazardous chemical in the work area (such as monitoring 
conducted by the employer, continuous monitoring devices, visual 
appearances, or other evidence (sight, sound or smell) of hazardous 
chemicals being released, and applicable alarms from monitoring devices 
that record chemical releases.
    (4) The physical and health hazards of substances known or 
potentially present in the work area.
    (5) The measures employees can take to help protect themselves from 
work-site hazards, including specific procedures the employer has 
implemented.
    (6) An explanation of the labeling system and safety data sheets and 
how employees can obtain and use appropriate hazard information.
    (7) The elements of the confined space program including special 
PPE, permits, monitoring requirements, communication procedures, 
emergency response, and applicable lock-out procedures.
    b. The employer should provide hazardous waste employees information 
and training and should provide a review and access to the site safety 
and plan as follows:
    (1) Names of personnel and alternate responsible for site safety and 
health.
    (2) Safety and health hazards present on the site.
    (3) Selection, use, maintenance, and limitations of personal 
protective equipment specific to the site.
    (4) Work practices by which the employee can minimize risks from 
hazards.
    (5) Safe use of engineering controls and equipment available on 
site.
    (6) Safe decontamination procedures established to minimize employee 
contact with hazardous substances, including:
    (A) Employee decontamination,
    (B) Clothing decontamination, and
    (C) Equipment decontamination.

[[Page 159]]

    (7) Elements of the site emergency response plan, including:
    (A) Pre-emergency planning.
    (B) Personnel roles and lines of authority and communication.
    (C) Emergency recognition and prevention.
    (D) Safe distances and places of refuge.
    (E) Site security and control.
    (F) Evacuation routes and procedures.
    (G) Decontamination procedures not covered by the site safety and 
health plan.
    (H) Emergency medical treatment and first aid.
    (I) Emergency equipment and procedures for handling emergency 
incidents.
    c. The employer should provide hazardous waste employees information 
and training on personal protective equipment used at the site, such as 
the following:
    (1) PPE to be used based upon known or anticipated site hazards.
    (2) PPE limitations of materials and construction; limitations 
during temperature extremes, heat stress, and other appropriate medical 
considerations; use and limitations of respirator equipment as well as 
documentation procedures as outlined in 29 CFR 1910.134.
    (3) PPE inspection procedures prior to, during, and after use.
    (4) PPE donning and doffing procedures.
    (5) PPE decontamination and disposal procedures.
    (6) PPE maintenance and storage.
    (7) Task duration as related to PPE limitations.
    d. The employer should instruct the employee about the site medical 
surveillance program relative to the particular site, including
    (1) Specific medical surveillance programs that have been adapted 
for the site.
    (2) Specific signs and symptoms related to exposure to hazardous 
materials on the site.
    (3) The frequency and extent of periodic medical examinations that 
will be used on the site.
    (4) Maintenance and availability of records.
    (5) Personnel to be contacted and procedures to be followed when 
signs and symptoms of exposures are recognized.
    e. The employees will review and discuss the site safety plan as 
part of the training program. The location of the site safety plan and 
all written programs should be discussed with employees including a 
discussion of the mechanisms for access, review, and references 
described.

    B. RCRA Operations Training for Treatment, Storage and Disposal 
Facilities.
    1. As a minimum, the training course required in 29 CFR 1926.65 (p) 
should include the following topics:
    (a) Review of the applicable paragraphs of 29 CFR 1926.65 and the 
elements of the employer's occupational safety and health plan.
    (b) Review of relevant hazards such as, but not limited to, 
chemical, biological, and radiological exposures; fire and explosion 
hazards; thermal extremes; and physical hazards.
    (c) General safety hazards including those associated with 
electrical hazards, powered equipment hazards, lock-out-tag-out 
procedures, motor vehicle hazards and walking-working surface hazards.
    (d) Confined-space hazards and procedures.
    (e) Work practices to minimize employee risk from workplace hazards.
    (f) Emergency response plan and procedures including first aid 
meeting the requirements of paragraph (p)(8).
    (g) A review of procedures to minimize exposure to hazardous waste 
and various type of waste streams, including the materials handling 
program and spill containment program.
    (h) A review of hazard communication programs meeting the 
requirements of 29 CFR 1910.1200.
    (i) A review of medical surveillance programs meeting the 
requirements of 29 CFR 1926.65(p)(3) including the recognition of signs 
and symptoms of overexposure to hazardous substance including known 
synergistic interactions.
    (j) A review of decontamination programs and procedures meeting the 
requirements of 29 CFR 1926.65(p)(4).
    (k) A review of an employer's requirements to implement a training 
program and its elements.
    (l) A review of the criteria and programs for proper selection and 
use of personal protective equipment, including respirators.
    (m) A review of the applicable appendices to 29 CFR 1926.65.
    (n) Principles of toxicology and biological monitoring as they 
pertain to occupational health.
    (o) Rights and responsibilities of employees and employers under 
applicable OSHA and EPA laws.
    (p) Hands-on exercises and demonstrations of competency with 
equipment to illustrate the basic equipment principles that may be used 
during the performance of work duties, including the donning and doffing 
of PPE.
    (q) Sources of reference, efficient use of relevant manuals, and 
knowledge of hazard coding systems to include information contained in 
hazardous waste manifests.
    (r) At least 8 hours of hands-on training.
    (s) Training in the job skills required for an employee's job 
function and responsibility before they are permitted to participate in 
or supervise field activities.
    2. The individual employer should provide hazardous waste employees 
with information and training prior to an employee's initial assignment 
into a work area. The training and information should cover the 
following topics:

[[Page 160]]

    (a) The Emergency response plan and procedures including first aid.
    (b) A review of the employer's hazardous waste handling procedures 
including the materials handling program and elements of the spill 
containment program, location of spill response kits or equipment, and 
the names of those trained to respond to releases.
    (c) The hazardous communication program meeting the requirements of 
29 CFR 1910.1200.
    (d) A review of the employer's medical surveillance program 
including the recognition of signs and symptoms of exposure to relevant 
hazardous substance including known synergistic interactions.
    (e) A review of the employer's decontamination program and 
procedures.
    (f) An review of the employer's training program and the parties 
responsible for that program.
    (g) A review of the employer's personal protective equipment program 
including the proper selection and use of PPE based upon specific site 
hazards.
    (h) All relevant site-specific procedures addressing potential 
safety and health hazards. This may include, as appropriate, biological 
and radiological exposures, fire and explosion hazards, thermal hazards, 
and physical hazards such as electrical hazards, powered equipment 
hazards, lock-out-tag-out hazards, motor vehicle hazards, and walking-
working surface hazards.
    (i) Safe use engineering controls and equipment on site.
    (j) Names of personnel and alternates responsible for safety and 
health.

    C. Emergency response training.
    Federal OSHA standards in 29 CFR 1926.65(q) are directed toward 
private sector emergency responders. Therefore, the guidelines provided 
in this portion of the appendix are directed toward that employee 
population. However, they also impact indirectly through State OSHA or 
USEPA regulations some public sector emergency responders. Therefore, 
the guidelines provided in this portion of the appendix may be applied 
to both employee populations.
    States with OSHA state plans must cover their employees with 
regulations at least as effective as the Federal OSHA standards. Public 
employees in states without approved state OSHA programs covering 
hazardous waste operations and emergency response are covered by the 
U.S. EPA under 40 CFR 311, a regulation virtually identical to Sec.  
1926.65.
    Since this is a non-mandatory appendix and therefore not an 
enforceable standard, OSHA recommends that those employers, employees or 
volunteers in public sector emergency response organizations outside 
Federal OSHA jurisdiction consider the following criteria in developing 
their own training programs. A unified approach to training at the 
community level between emergency response organizations covered by 
Federal OSHA and those not covered directly by Federal OSHA can help 
ensure an effective community response to the release or potential 
release of hazardous substances in the community.
    a. General considerations.
    Emergency response organizations are required to consider the topics 
listed in Sec.  1926.65(q)(6). Emergency response organizations may use 
some or all of the following topics to supplement those mandatory topics 
when developing their response training programs. Many of the topics 
would require an interaction between the response provider and the 
individuals responsible for the site where the response would be 
expected.
    (1) Hazard recognition, including:
    (A) Nature of hazardous substances present,
    (B) Practical applications of hazard recognition, including 
presentations on biology, chemistry, and physics.
    (2) Principles of toxicology, biological monitoring, and risk 
assessment.
    (3) Safe work practices and general site safety.
    (4) Engineering controls and hazardous waste operations.
    (5) Site safety plans and standard operating procedures.
    (6) Decontamination procedures and practices.
    (7) Emergency procedures, first aid, and self-rescue.
    (8) Safe use of field equipment.
    (9) Storage, handling, use and transportation of hazardous 
substances.
    (10) Use, care, and limitations of personal protective equipment.
    (11) Safe sampling techniques.
    (12) Rights and responsibilities of employees under OSHA and other 
related laws concerning right-to-know, safety and health, compensations 
and liability.
    (13) Medical monitoring requirements.
    (14) Community relations.
    b. Suggested criteria for specific courses.
    (1) First responder awareness level.
    (A) Review of and demonstration of competency in performing the 
applicable skills of 29 CFR 1926.65(q).
    (B) Hands-on experience with the U.S. Department of Transportation's 
Emergency Response Guidebook (ERG) and familiarization with OSHA 
standard 29 CFR 1926.60.
    (C) Review of the principles and practices for analyzing an incident 
to determine both the hazardous substances present and the basic hazard 
and response information for each hazardous substance present.
    (D) Review of procedures for implementing actions consistent with 
the local emergency response plan, the organization's standard

[[Page 161]]

operating procedures, and the current edition of DOT's ERG including 
emergency notification procedures and follow-up communications.
    (E) Review of the expected hazards including fire and explosions 
hazards, confined space hazards, electrical hazards, powered equipment 
hazards, motor vehicle hazards, and walking-working surface hazards.
    (F) Awareness and knowledge of the competencies for the First 
Responder at the Awareness Level covered in the National Fire Protection 
Association's Standard No. 472, Professional Competence of Responders to 
Hazardous Materials Incidents.
    (2) First responder operations level.
    (A) Review of and demonstration of competency in performing the 
applicable skills of 29 CFR 1926.65(q).
    (B) Hands-on experience with the U.S. Department of Transportation's 
Emergency Response Guidebook (ERG), manufacturer safety data sheets, 
CHEMTREC/CANUTEC, shipper or manufacturer contacts and other relevant 
sources of information addressing hazardous substance releases. 
Familiarization with OSHA standard 29 CFR 1926.60.
    (C) Review of the principles and practices for analyzing an incident 
to determine the hazardous substances present, the likely behavior of 
the hazardous substance and its container, the types of hazardous 
substance transportation containers and vehicles, the types and 
selection of the appropriate defensive strategy for containing the 
release.
    (D) Review of procedures for implementing continuing response 
actions consistent with the local emergency response plan, the 
organization's standard operating procedures, and the current edition of 
DOT's ERG including extended emergency notification procedures and 
follow-up communications.
    (E) Review of the principles and practice for proper selection and 
use of personal protective equipment.
    (F) Review of the principles and practice of personnel and equipment 
decontamination.
    (G) Review of the expected hazards including fire and explosions 
hazards, confined space hazards, electrical hazards, powered equipment 
hazards, motor vehicle hazards, and walking-working surface hazards.
    (H) Awareness and knowledge of the competencies for the First 
Responder at the Operations Level covered in the National Fire 
Protection Association's Standard No. 472, Professional Competence of 
Responders to Hazardous Materials Incidents.
    (3) Hazardous materials technician.
    (A) Review of and demonstration of competency in performing the 
applicable skills of 29 CFR 1926.65(q).
    (B) Hands-on experience with written and electronic information 
relative to response decision making including but not limited to the 
U.S. Department of Transportation's Emergency Response Guidebook (ERG), 
manufacturer safety data sheets, CHEMTREC/CANUTEC, shipper or 
manufacturer contacts, computer data bases and response models, and 
other relevant sources of information addressing hazardous substance 
releases. Familiarization with 29 CFR 1926.60.
    (C) Review of the principles and practices for analyzing an incident 
to determine the hazardous substances present, their physical and 
chemical properties, the likely behavior of the hazardous substance and 
its container, the types of hazardous substance transportation 
containers and vehicles involved in the release, the appropriate 
strategy for approaching release sites and containing the release.
    (D) Review of procedures for implementing continuing response 
actions consistent with the local emergency response plan, the 
organization's standard operating procedures, and the current edition of 
DOT's ERG including extended emergency notification procedures and 
follow-up communications.
    (E) Review of the principles and practice for proper selection and 
use of personal protective equipment.
    (F) Review of the principles and practices of establishing exposure 
zones, proper decontamination and medical surveillance stations and 
procedures.
    (G) Review of the expected hazards including fire and explosions 
hazards, confined space hazards, electrical hazards, powered equipment 
hazards, motor vehicle hazards, and walking-working surface hazards.
    (H) Awareness and knowledge of the competencies for the Hazardous 
Materials Technician covered in the National Fire Protection 
Association's Standard No. 472, Professional Competence of Responders to 
Hazardous Materials Incidents.
    (4) Hazardous materials specialist.
    (A) Review of and demonstration of competency in performing the 
applicable skills of 29 CFR 1926.65(q).
    (B) Hands-on experience with retrieval and use of written and 
electronic information relative to response decision making including 
but not limited to the U.S. Department of Transportation's Emergency 
Response Guidebook (ERG), manufacturer safety data sheets, CHEMTREC/
CANUTEC, shipper or manufacturer contacts, computer data bases and 
response models, and other relevant sources of information addressing 
hazardous substance releases. Familiarization with 29 CFR 1926.60.
    (C) Review of the principles and practices for analyzing an incident 
to determine the hazardous substances present, their physical and 
chemical properties, and the likely behavior of the hazardous substance 
and its container, vessel, or vehicle.
    (D) Review of the principles and practices for identification of the 
types of hazardous substance transportation containers, vessels

[[Page 162]]

and vehicles involved in the release; selecting and using the various 
types of equipment available for plugging or patching transportation 
containers, vessels or vehicles; organizing and directing the use of 
multiple teams of hazardous material technicians and selecting the 
appropriate strategy for approaching release sites and containing or 
stopping the release.
    (E) Review of procedures for implementing continuing response 
actions consistent with the local emergency response plan, the 
organization's standard operating procedures, including knowledge of the 
available public and private response resources, establishment of an 
incident command post, direction of hazardous material technician teams, 
and extended emergency notification procedures and follow-up 
communications.
    (F) Review of the principles and practice for proper selection and 
use of personal protective equipment.
    (G) Review of the principles and practices of establishing exposure 
zones and proper decontamination, monitoring and medical surveillance 
stations and procedures.
    (H) Review of the expected hazards including fire and explosions 
hazards, confined space hazards, electrical hazards, powered equipment 
hazards, motor vehicle hazards, and walking-working surface hazards.
    (I) Awareness and knowledge of the competencies for the Off-site 
Specialist Employee covered in the National Fire Protection 
Association's Standard No. 472, Professional Competence of Responders to 
Hazardous Materials Incidents.
    (5) Incident commander. The incident commander is the individual 
who, at any one time, is responsible for and in control of the response 
effort. This individual is the person responsible for the direction and 
coordination of the response effort. An incident commander's position 
should be occupied by the most senior, appropriately trained individual 
present at the response site. Yet, as necessary and appropriate by the 
level of response provided, the position may be occupied by many 
individuals during a particular response as the need for greater 
authority, responsibility, or training increases. It is possible for the 
first responder at the awareness level to assume the duties of incident 
commander until a more senior and appropriately trained individual 
arrives at the response site.
    Therefore, any emergency responder expected to perform as an 
incident commander should be trained to fulfill the obligations of the 
position at the level of response they will be providing including the 
following:
    (A) Ability to analyze a hazardous substance incident to determine 
the magnitude of the response problem.
    (B) Ability to plan and implement an appropriate response plan 
within the capabilities of available personnel and equipment.
    (C) Ability to implement a response to favorably change the outcome 
of the incident in a manner consistent with the local emergency response 
plan and the organization's standard operating procedures.
    (D) Ability to evaluate the progress of the emergency response to 
ensure that the response objectives are being met safely, effectively, 
and efficiently.
    (E) Ability to adjust the response plan to the conditions of the 
response and to notify higher levels of response when required by the 
changes to the response plan.

[58 FR 35129, June 30, 1993, as amended at 59 FR 43275, Aug. 22, 1994: 
61 FR 5510, Feb. 13, 1996; 77 FR 17890, Mar. 26, 2012; 78 FR 9315, Feb. 
8, 2013; 85 FR 8736, Feb. 18, 2020]



Sec.  1926.66  Criteria for design and construction of spray booths.

    (a) Definitions applicable to this section--(1) Aerated solid 
powders. Aerated powders shall mean any powdered material used as a 
coating material which shall be fluidized within a container by passing 
air uniformly from below. It is common practice to fluidize such 
materials to form a fluidized powder bed and then dip the part to be 
coated into the bed in a manner similar to that used in liquid dipping. 
Such beds are also used as sources for powder spray operations.
    (2) Spraying area. Any area in which dangerous quantities of 
flammable vapors or mists, or combustible residues, dusts, or deposits 
are present due to the operation of spraying processes.
    (3) Spray booth. A power-ventilated structure provided to enclose or 
accommodate a spraying operation to confine and limit the escape of 
spray, vapor, and residue, and to safely conduct or direct them to an 
exhaust system.
    (4) Waterwash spray booth. A spray booth equipped with a water 
washing system designed to minimize dusts or residues entering exhaust 
ducts and to permit the recovery of overspray finishing material.
    (5) Dry spray booth. A spray booth not equipped with a water washing 
system as described in paragraph (a)(4) of this section. A dry spray 
booth may be equipped with
    (i) Distribution or baffle plates to promote an even flow of air 
through the booth or cause the deposit of overspray before it enters the 
exhaust duct; or
    (ii) Overspray dry filters to minimize dusts; or

[[Page 163]]

    (iii) Overspray dry filters to minimize dusts or residues entering 
exhaust ducts; or
    (iv) Overspray dry filter rolls designed to minimize dusts or 
residues entering exhaust ducts; or
    (v) Where dry powders are being sprayed, with powder collection 
systems so arranged in the exhaust to capture oversprayed material.
    (6) Fluidized bed. A container holding powder coating material which 
is aerated from below so as to form an air-supported expanded cloud of 
such material through which the preheated object to be coated is 
immersed and transported.
    (7) Electrostatic fluidized bed. A container holding powder coating 
material which is aerated from below so as to form an air-supported 
expanded cloud of such material which is electrically charged with a 
charge opposite to the charge of the object to be coated; such object is 
transported, through the container immediately above the charged and 
aerated materials in order to be coated.
    (8) Approved. Shall mean approved and listed by a nationally 
recognized testing laboratory.
    (9) Listed. See ``approved'' in paragraph (a)(8) of this section.
    (b) Spray booths--(1) Construction. Spray booths shall be 
substantially constructed of steel, securely and rigidly supported, or 
of concrete or masonry except that aluminum or other substantial 
noncombustible material may be used for intermittent or low volume 
spraying. Spray booths shall be designed to sweep air currents toward 
the exhaust outlet.
    (2) Interiors. The interior surfaces of spray booths shall be smooth 
and continuous without edges and otherwise designed to prevent pocketing 
of residues and facilitate cleaning and washing without injury.
    (3) Floors. The floor surface of a spray booth and operator's 
working area, if combustible, shall be covered with noncombustible 
material of such character as to facilitate the safe cleaning and 
removal of residues.
    (4) Distribution or baffle plates. Distribution or baffle plates, if 
installed to promote an even flow of air through the booth or cause the 
deposit of overspray before it enters the exhaust duct, shall be of 
noncombustible material and readily removable or accessible on both 
sides for cleaning. Such plates shall not be located in exhaust ducts.
    (5) Dry type overspray collectors--(exhaust air filters). In 
conventional dry type spray booths, overspray dry filters or filter 
rolls, if installed, shall conform to the following:
    (i) The spraying operations except electrostatic spraying operations 
shall be so designed, installed and maintained that the average air 
velocity over the open face of the booth (or booth cross section during 
spraying operations) shall be not less than 100 linear feet per minute. 
Electrostatic spraying operations may be conducted with an air velocity 
over the open face of the booth of not less than 60 linear feet per 
minute, or more, depending on the volume of the finishing material being 
applied and its flammability and explosion characteristics. Visible 
gauges or audible alarm or pressure activated devices shall be installed 
to indicate or insure that the required air velocity is maintained. 
Filter rolls shall be inspected to insure proper replacement of filter 
media.
    (ii) All discarded filter pads and filter rolls shall be immediately 
removed to a safe, well-detached location or placed in a water-filled 
metal container and disposed of at the close of the day's operation 
unless maintained completely in water.
    (iii) The location of filters in a spray booth shall be so as to not 
reduce the effective booth enclosure of the articles being sprayed.
    (iv) Space within the spray booth on the downstream and upstream 
sides of filters shall be protected with approved automatic sprinklers.
    (v) Filters or filter rolls shall not be used when applying a spray 
material known to be highly susceptible to spontaneous heating and 
ignition.
    (vi) Clean filters or filter rolls shall be noncombustible or of a 
type having a combustibility not in excess of class 2 filters as listed 
by Underwriters' Laboratories, Inc. Filters and filter rolls shall not 
be alternately used for different types of coating materials, where the 
combination of materials

[[Page 164]]

may be conducive to spontaneous ignition.
    (6) Frontal area. Each spray booth having a frontal area larger than 
9 square feet shall have a metal deflector or curtain not less than 2\1/
2\ inches (5.35 cm) deep installed at the upper outer edge of the booth 
over the opening.
    (7) Conveyors. Where conveyors are arranged to carry work into or 
out of spray booths, the openings therefor shall be as small as 
practical.
    (8) Separation of operations. Each spray booth shall be separated 
from other operations by not less than 3 feet (0.912 m), or by a greater 
distance, or by such partition or wall as to reduce the danger from 
juxtaposition of hazardous operations. See also paragraph (c)(1) of this 
section.
    (9) Cleaning. Spray booths shall be so installed that all portions 
are readily accessible for cleaning. A clear space of not less than 3 
feet (0.912 m) on all sides shall be kept free from storage or 
combustible construction.
    (10) Illumination. When spraying areas are illuminated through glass 
panels or other transparent materials, only fixed lighting units shall 
be used as a source of illumination. Panels shall effectively isolate 
the spraying area from the area in which the lighting unit is located, 
and shall be of a noncombustible material of such a nature or so 
protected that breakage will be unlikely. Panels shall be so arranged 
that normal accumulations of residue on the exposed surface of the panel 
will not be raised to a dangerous temperature by radiation or conduction 
from the source of illumination.
    (c) Electrical and other sources of ignition--(1) Conformance. All 
electrical equipment, open flames and other sources of ignition shall 
conform to the requirements of this paragraph, except as follows:
    (i) Electrostatic apparatus shall conform to the requirements of 
paragraphs (e) and (f) of this section;
    (ii) Drying, curing, and fusion apparatus shall conform to the 
requirements of paragraph (g) of this section;
    (iii) [Reserved]
    (iv) Powder coating equipment shall conform to the requirements of 
paragraph (c)(1) of this section.
    (2) Minimum separation. There shall be no open flame or spark 
producing equipment in any spraying area nor within 20 feet (6.08 m) 
thereof, unless separated by a partition.
    (3) Hot surfaces. Space-heating appliances, steampipes, or hot 
surfaces shall not be located in a spraying area where deposits of 
combustible residues may readily accumulate.
    (4) Wiring conformance. Electrical wiring and equipment shall 
conform to the provisions of this paragraph and shall otherwise be in 
accordance with subpart S of this part.
    (5) Combustible residues, areas. Unless specifically approved for 
locations containing both deposits of readily ignitable residue and 
explosive vapors, there shall be no electrical equipment in any spraying 
area, whereon deposits of combustible residues may readily accumulate, 
except wiring in rigid conduit or in boxes or fittings containing no 
taps, splices, or terminal connections.
    (6) Wiring type approved. Electrical wiring and equipment not 
subject to deposits of combustible residues but located in a spraying 
area as herein defined shall be of explosion-proof type approved for 
Class I, group D locations and shall otherwise conform to the provisions 
of subpart S of this part, for Class I, Division 1, Hazardous Locations. 
Electrical wiring, motors, and other equipment outside of but within 20 
feet (6.08 m) of any spraying area, and not separated therefrom by 
partitions, shall not produce sparks under normal operating conditions 
and shall otherwise conform to the provisions of subpart S of this part 
for Class I, Division 2 Hazardous Locations.
    (7) Lamps. Electric lamps outside of, but within 20 feet (6.08 m) of 
any spraying area, and not separated therefrom by a partition, shall be 
totally enclosed to prevent the falling of hot particles and shall be 
protected from mechanical injury by suitable guards or by location.
    (8) Portable lamps. Portable electric lamps shall not be used in any 
spraying area during spraying operations. Portable electric lamps, if 
used during cleaning or repairing operations, shall be of the type 
approved for hazardous Class I locations.

[[Page 165]]

    (9) Grounding. (i) All metal parts of spray booths, exhaust ducts, 
and piping systems conveying flammable or combustible liquids or aerated 
solids shall be properly electrically grounded in an effective and 
permanent manner.
    (d) Ventilation--(1) Conformance. Ventilating and exhaust systems 
shall be in accordance with the Standard for Blower and Exhaust Systems 
for Vapor Removal, NFPA No. 91-1961, where applicable and shall also 
conform to the provisions of this section.
    (2) General. All spraying areas shall be provided with mechanical 
ventilation adequate to remove flammable vapors, mists, or powders to a 
safe location and to confine and control combustible residues so that 
life is not endangered. Mechanical ventilation shall be kept in 
operation at all times while spraying operations are being conducted and 
for a sufficient time thereafter to allow vapors from drying coated 
articles and drying finishing material residue to be exhausted.
    (3) Independent exhaust. Each spray booth shall have an independent 
exhaust duct system discharging to the exterior of the building, except 
that multiple cabinet spray booths in which identical spray finishing 
material is used with a combined frontal area of not more than 18 square 
feet may have a common exhaust. If more than one fan serves one booth, 
all fans shall be so interconnected that one fan cannot operate without 
all fans being operated.
    (4) Fan-rotating element. The fan-rotating element shall be 
nonferrous or nonsparking or the casing shall consist of or be lined 
with such material. There shall be ample clearance between the fan-
rotating element and the fan casing to avoid a fire by friction, 
necessary allowance being made for ordinary expansion and loading to 
prevent contact between moving parts and the duct or fan housing. Fan 
blades shall be mounted on a shaft sufficiently heavy to maintain 
perfect alignment even when the blades of the fan are heavily loaded, 
the shaft preferably to have bearings outside the duct and booth. All 
bearings shall be of the self-lubricating type, or lubricated from the 
outside duct.
    (5) Electric motors. Electric motors driving exhaust fans shall not 
be placed inside booths or ducts. See also paragraph (c) of this 
section.
    (6) Belts. Belts shall not enter the duct or booth unless the belt 
and pulley within the duct or booth are thoroughly enclosed.
    (7) Exhaust ducts. Exhaust ducts shall be constructed of steel and 
shall be substantially supported. Exhaust ducts without dampers are 
preferred; however, if dampers are installed, they shall be maintained 
so that they will be in a full open position at all times the 
ventilating system is in operation.
    (i) Exhaust ducts shall be protected against mechanical damage and 
have a clearance from unprotected combustible construction or other 
combustible material of not less than 18 inches (45.72 cm).
    (ii) If combustible construction is provided with the following 
protection applied to all surfaces within 18 inches (45.72 cm), 
clearances may be reduced to the distances indicated:

(a) 28-gage sheet metal on 1/4-inch         12 inches (30.48 cm).
 asbestos mill board.
(b) 28-gage sheet metal on 1/8-inch         9 inches (22.86 cm).
 asbestos mill board spaced out 1 inch
 (2.54 cm) on noncombustible spacers.
(c) 22-gage sheet metal on 1-inch rockwool  3 inches (7.62 cm).
 batts reinforced with wire mesh or the
 equivalent.
(d) Where ducts are protected with an
 approved automatic sprinkler system,
 properly maintained, the clearance
 required in paragraph (d)(7)(i) of this
 section may be reduced to 6 inches (15.24
 cm).
 

    (8) Discharge clearance. Unless the spray booth exhaust duct 
terminal is from a water-wash spray booth, the terminal discharge point 
shall be not less than 6 feet from any combustible exterior wall or roof 
nor discharge in the direction of any combustible construction or 
unprotected opening in any noncombustible exterior wall within 25 feet 
(7.6 m).
    (9) Air exhaust. Air exhaust from spray operations shall not be 
directed so that it will contaminate makeup air being introduced into 
the spraying area or other ventilating intakes, nor directed so as to 
create a nuisance. Air exhausted from spray operations shall not be 
recirculated.
    (10) Access doors. When necessary to facilitate cleaning, exhaust 
ducts shall

[[Page 166]]

be provided with an ample number of access doors.
    (11) Room intakes. Air intake openings to rooms containing spray 
finishing operations shall be adequate for the efficient operation of 
exhaust fans and shall be so located as to minimize the creation of dead 
air pockets.
    (12) Drying spaces. Freshly sprayed articles shall be dried only in 
spaces provided with adequate ventilation to prevent the formation of 
explosive vapors. In the event adequate and reliable ventilation is not 
provided such drying spaces shall be considered a spraying area.
    (e) Fixed electrostatic apparatus--(1) Conformance. Where 
installation and use of electrostatic spraying equipment is used, such 
installation and use shall conform to all other paragraphs of this 
section, and shall also conform to the requirements of this paragraph.
    (2) Type approval. Electrostatic apparatus and devices used in 
connection with coating operations shall be of approved types.
    (3) Location. Transformers, power packs, control apparatus, and all 
other electrical portions of the equipment, with the exception of high-
voltage grids, electrodes, and electrostatic atomizing heads and their 
connections, shall be located outside of the spraying area, or shall 
otherwise conform to the requirements of paragraph (c) of this section.
    (4) Support. Electrodes and electrostatic atomizing heads shall be 
adequately supported in permanent locations and shall be effectively 
insulated from the ground. Electrodes and electrostatic atomizing heads 
which are permanently attached to their bases, supports, or 
reciprocators, shall be deemed to comply with this section. Insulators 
shall be nonporous and noncombustible.
    (5) Insulators, grounding. High-voltage leads to electrodes shall be 
properly insulated and protected from mechanical injury or exposure to 
destructive chemicals. Electrostatic atomizing heads shall be 
effectively and permanently supported on suitable insulators and shall 
be effectively guarded against accidental contact or grounding. An 
automatic means shall be provided for grounding the electrode system 
when it is electrically deenergized for any reason. All insulators shall 
be kept clean and dry.
    (6) Safe distance. A safe distance shall be maintained between goods 
being painted and electrodes or electrostatic atomizing heads or 
conductors of at least twice the sparking distance. A suitable sign 
indicating this safe distance shall be conspicuously posted near the 
assembly.
    (7) Conveyors required. Goods being painted using this process are 
to be supported on conveyors. The conveyors shall be so arranged as to 
maintain safe distances between the goods and the electrodes or 
electrostatic atomizing heads at all times. Any irregularly shaped or 
other goods subject to possible swinging or movement shall be rigidly 
supported to prevent such swinging or movement which would reduce the 
clearance to less than that specified in paragraph (e)(6) of this 
section.
    (8) Prohibition. This process is not acceptable where goods being 
coated are manipulated by hand. When finishing materials are applied by 
electrostatic equipment which is manipulated by hand, see paragraph (f) 
of this section for applicable requirements.
    (9) Fail-safe controls. Electrostatic apparatus shall be equipped 
with automatic controls which will operate without time delay to 
disconnect the power supply to the high voltage transformer and to 
signal the operator under any of the following conditions:
    (i) Stoppage of ventilating fans or failure of ventilating equipment 
from any cause.
    (ii) Stoppage of the conveyor carrying goods through the high 
voltage field.
    (iii) Occurrence of a ground or of an imminent ground at any point 
on the high voltage system.
    (iv) Reduction of clearance below that specified in paragraph (e)(6) 
of this section.
    (10) Guarding. Adequate booths, fencing, railings, or guards shall 
be so placed about the equipment that they, either by their location or 
character or both, assure that a safe isolation of the

[[Page 167]]

process is maintained from plant storage or personnel. Such railings, 
fencing, and guards shall be of conducting material, adequately 
grounded.
    (11) Ventilation. Where electrostatic atomization is used the 
spraying area shall be so ventilated as to insure safe conditions from a 
fire and health standpoint.
    (12) Fire protection. All areas used for spraying, including the 
interior of the booth, shall be protected by automatic sprinklers where 
this protection is available. Where this protection is not available, 
other approved automatic extinguishing equipment shall be provided.
    (f) Electrostatic hand spraying equipment--(1) Application. This 
paragraph shall apply to any equipment using electrostatically charged 
elements for the atomization and/or, precipitation of materials for 
coatings on articles, or for other similar purposes in which the 
atomizing device is hand held and manipulated during the spraying 
operation.
    (2) Conformance. Electrostatic hand spraying equipment shall conform 
with the other provisions of this section.
    (3) Equipment approval and specifications. Electrostatic hand spray 
apparatus and devices used in connection with coating operations shall 
be of approved types. The high voltage circuits shall be designed so as 
to not produce a spark of sufficient intensity to ignite any vapor-air 
mixtures nor result in appreciable shock hazard upon coming in contact 
with a grounded object under all normal operating conditions. The 
electrostatically charged exposed elements of the handgun shall be 
capable of being energized only by a switch which also controls the 
coating material supply.
    (4) Electrical support equipment. Transformers, powerpacks, control 
apparatus, and all other electrical portions of the equipment, with the 
exception of the handgun itself and its connections to the power supply 
shall be located outside of the spraying area or shall otherwise conform 
to the requirements of paragraph (c) of this section.
    (5) Spray gun ground. The handle of the spraying gun shall be 
electrically connected to ground by a metallic connection and to be so 
constructed that the operator in normal operating position is in 
intimate electrical contact with the grounded handle.
    (6) Grounding-general. All electrically conductive objects in the 
spraying area shall be adequately grounded. This requirement shall apply 
to paint containers, wash cans, and any other objects or devices in the 
area. The equipment shall carry a prominent permanently installed 
warning regarding the necessity for this grounding feature.
    (7) Maintenance of grounds. Objects being painted or coated shall be 
maintained in metallic contact with the conveyor or other grounded 
support. Hooks shall be regularly cleaned to insure this contact and 
areas of contact shall be sharp points or knife edges where possible. 
Points of support of the object shall be concealed from random spray 
where feasible and where the objects being sprayed are supported from a 
conveyor, the point of attachment to the conveyor shall be so located as 
to not collect spray material during normal operation.
    (8) Interlocks. The electrical equipment shall be so interlocked 
with the ventilation of the spraying area that the equipment cannot be 
operated unless the ventilation fans are in operation.
    (9) Ventilation. The spraying operation shall take place within a 
spray area which is adequately ventilated to remove solvent vapors 
released from the operation.
    (g) Drying, curing, or fusion apparatus--(1) Conformance. Drying, 
curing, or fusion apparatus in connection with spray application of 
flammable and combustible finishes shall conform to the Standard for 
Ovens and Furnaces, NFPA 86A-1969, where applicable and shall also 
conform with the following requirements of this paragraph.
    (2) Alternate use prohibited. Spray booths, rooms, or other 
enclosures used for spraying operations shall not alternately be used 
for the purpose of drying by any arrangement which will cause a material 
increase in the surface temperature of the spray booth, room, or 
enclosure.
    (3) Adjacent system interlocked. Except as specifically provided in 
paragraph (g)(4) of this section, drying, curing, or fusion units 
utilizing a heating system

[[Page 168]]

having open flames or which may produce sparks shall not be installed in 
a spraying area, but may be installed adjacent thereto when equipped 
with an interlocked ventilating system arranged to:
    (i) Thoroughly ventilate the drying space before the heating system 
can be started;
    (ii) Maintain a safe atmosphere at any source of ignition;
    (iii) Automatically shut down the heating system in the event of 
failure of the ventilating system.
    (4) Alternate use permitted. Automobile refinishing spray booths or 
enclosures, otherwise installed and maintained in full conformity with 
this section, may alternately be used for drying with portable 
electrical infrared drying apparatus when conforming with the following:
    (i) Interior (especially floors) of spray enclosures shall be kept 
free of overspray deposits.
    (ii) During spray operations, the drying apparatus and electrical 
connections and wiring thereto shall not be located within spray 
enclosure nor in any other location where spray residues may be 
deposited thereon.
    (iii) The spraying apparatus, the drying apparatus, and the 
ventilating system of the spray enclosure shall be equipped with 
suitable interlocks so arranged that:
    (a) The spraying apparatus cannot be operated while the drying 
apparatus is inside the spray enclosure.
    (b) The spray enclosure will be purged of spray vapors for a period 
of not less than 3 minutes before the drying apparatus can be energized.
    (c) The ventilating system will maintain a safe atmosphere within 
the enclosure during the drying process and the drying apparatus will 
automatically shut off in the event of failure of the ventilating 
system.
    (iv) All electrical wiring and equipment of the drying apparatus 
shall conform with the applicable sections of subpart S of this part. 
Only equipment of a type approved for Class I, Division 2 hazardous 
locations shall be located within 18 inches (45.72 cm) of floor level. 
All metallic parts of the drying apparatus shall be properly 
electrically bonded and grounded.
    (v) The drying apparatus shall contain a prominently located, 
permanently attached warning sign indicating that ventilation should be 
maintained during the drying period and that spraying should not be 
conducted in the vicinity that spray will deposit on apparatus.

[58 FR 35149, June 30, 1993]



         Subpart E_Personal Protective and Life Saving Equipment

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 
9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 
3912), as applicable; and 29 CFR part 1911.



Sec.  1926.95  Criteria for personal protective equipment.

    (a) Application. Protective equipment, including personal protective 
equipment for eyes, face, head, and extremities, protective clothing, 
respiratory devices, and protective shields and barriers, shall be 
provided, used, and maintained in a sanitary and reliable condition 
wherever it is necessary by reason of hazards of processes or 
environment, chemical hazards, radiological hazards, or mechanical 
irritants encountered in a manner capable of causing injury or 
impairment in the function of any part of the body through absorption, 
inhalation or physical contact.
    (b) Employee-owned equipment. Where employees provide their own 
protective equipment, the employer shall be responsible to assure its 
adequacy, including proper maintenance, and sanitation of such 
equipment.
    (c) Design. All personal protective equipment shall be of safe 
design and construction for the work to be performed.
    (d) Payment for protective equipment. (1) Except as provided by 
paragraphs (d)(2) through (d)(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.

[[Page 169]]

    (2) The employer is not required to pay for non-specialty safety-toe 
protective footwear (including steel-toe shoes or steel-toe boots) and 
non-specialty prescription safety eyewear, provided that the employer 
permits such items to be worn off the job-site.
    (3) When the employer provides metatarsal guards and allows the 
employee, at his or her request, to use shoes or boots with built-in 
metatarsal protection, the employer is not required to reimburse the 
employee for the shoes or boots.
    (4) The employer is not required to pay for:
    (i) Everyday clothing, such as long-sleeve shirts, long pants, 
street shoes, and normal work boots; or
    (ii) Ordinary clothing, skin creams, or other items, used solely for 
protection from weather, such as winter coats, jackets, gloves, parkas, 
rubber boots, hats, raincoats, ordinary sunglasses, and sunscreen.
    (5) The employer must pay for replacement PPE, except when the 
employee has lost or intentionally damaged the PPE.
    (6) Where an employee provides adequate protective equipment he or 
she owns pursuant to paragraph (b) of this section, the employer may 
allow the employee to use it and is not required to reimburse the 
employee for that equipment. The employer shall not require an employee 
to provide or pay for his or her own PPE, unless the PPE is excepted by 
paragraphs (d)(2) through (d)(5) of this section.
    (7) 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.  1926.95(d): 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.

[58 FR 35152, June 30, 1993, as amended at 72 FR 64429, Nov. 15, 2007]



Sec.  1926.96  Occupational foot protection.

    Safety-toe footwear for employees shall meet the requirements and 
specifications in American National Standard for Men's Safety-Toe 
Footwear, Z41.1-1967.

[58 FR 35152, June 30, 1993]



Sec.  1926.97  Electrical protective equipment.

    (a) Design requirements for specific types of electrical protective 
equipment. Rubber insulating blankets, rubber insulating matting, rubber 
insulating covers, rubber insulating line hose, rubber insulating 
gloves, and rubber insulating sleeves shall meet the following 
requirements:
    (1) Manufacture and marking of rubber insulating equipment. (i) 
Blankets, gloves, and sleeves shall be produced by a seamless process.
    (ii) Each item shall be clearly marked as follows:
    (A) Class 00 equipment shall be marked Class 00.
    (B) Class 0 equipment shall be marked Class 0.
    (C) Class 1 equipment shall be marked Class 1.
    (D) Class 2 equipment shall be marked Class 2.
    (E) Class 3 equipment shall be marked Class 3.
    (F) Class 4 equipment shall be marked Class 4.
    (G) Nonozone-resistant equipment shall be marked Type I.
    (H) Ozone-resistant equipment shall be marked Type II.
    (I) Other relevant markings, such as the manufacturer's 
identification and the size of the equipment, may also be provided.
    (iii) Markings shall be nonconducting and shall be applied in such a 
manner as not to impair the insulating qualities of the equipment.
    (iv) Markings on gloves shall be confined to the cuff portion of the 
glove.
    (2) Electrical requirements. (i) Equipment shall be capable of 
withstanding the ac proof-test voltage specified in Table E-1 or the dc 
proof-test voltage specified in Table E-2.
    (A) The proof test shall reliably indicate that the equipment can 
withstand the voltage involved.
    (B) The test voltage shall be applied continuously for 3 minutes for 
equipment other than matting and shall be applied continuously for 1 
minute for matting.

[[Page 170]]

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

    Note to paragraph (a): Rubber insulating equipment meeting the 
following national consensus standards is deemed to be in compliance 
with the performance requirements of paragraph (a) of this section:
    American Society for Testing and Materials (ASTM) D120-09, Standard 
Specification for Rubber Insulating Gloves.
    ASTM D178-01 (2010), Standard Specification for Rubber Insulating 
Matting.
    ASTM D1048-12, Standard Specification for Rubber Insulating 
Blankets.
    ASTM D1049-98 (2010), Standard Specification for Rubber Insulating 
Covers.
    ASTM D1050-05 (2011), Standard Specification for Rubber Insulating 
Line Hose.
    ASTM D1051-08, Standard Specification for Rubber Insulating Sleeves.
    The preceding standards also contain specifications for conducting 
the various tests required in paragraph (a) of this section. For 
example, the ac and dc proof tests, the breakdown test, the water-soak 
procedure, and the ozone test mentioned in this paragraph are described 
in detail in these ASTM standards.
    ASTM F1236-96 (2012), Standard Guide for Visual Inspection of 
Electrical Protective Rubber Products, presents methods and techniques 
for the visual inspection of electrical protective equipment made of 
rubber. This guide also contains descriptions and photographs of 
irregularities that can be found in this equipment.
    ASTM F819-10, Standard Terminology Relating to Electrical Protective 
Equipment for Workers, includes definitions of terms relating to the 
electrical protective equipment covered under this section.

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

    Note to paragraph (b)(1): These voltages include transient 
overvoltages, such as

[[Page 171]]

switching surges, as well as nominal line voltage. See appendix B to 
subpart V of this part for a discussion of transient overvoltages on 
electric power transmission and distribution systems. See IEEE Std 516-
2009, IEEE Guide for Maintenance Methods on Energized Power Lines, for 
methods of determining the magnitude of transient overvoltages on an 
electrical system and for a discussion comparing the ability of 
insulation equipment to withstand a transient overvoltage based on its 
ability to withstand ac voltage testing.

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

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

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

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

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

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

[[Page 172]]

conditions need to take extra care to avoid handling sharp objects.

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

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

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

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

    (x) Insulating equipment failing to pass inspections or electrical 
tests may not be used by employees, except as follows:
    (A) Rubber insulating line hose may be used in shorter lengths with 
the defective portion cut off.
    (B) Rubber insulating blankets may be salvaged by severing the 
defective area from the undamaged portion of the blanket. The resulting 
undamaged area may not be smaller than 560 millimeters by 560 
millimeters (22 inches by 22 inches) for Class 1, 2, 3, and 4 blankets.
    (C) Rubber insulating blankets may be repaired using a compatible 
patch that results in physical and electrical properties equal to those 
of the blanket.
    (D) Rubber insulating gloves and sleeves with minor physical 
defects, such as small cuts, tears, or punctures, may be repaired by the 
application of a compatible patch. Also, rubber insulating gloves and 
sleeves with minor surface blemishes may be repaired with a compatible 
liquid compound. The repaired area shall have electrical and physical 
properties equal to those of the surrounding material. Repairs to gloves 
are permitted only in the area between the wrist and the reinforced edge 
of the opening.
    (xi) Repaired insulating equipment shall be retested before it may 
be used by employees.
    (xii) The employer shall certify that equipment has been tested in 
accordance with the requirements of paragraphs (c)(2)(iv), 
(c)(2)(vii)(D), (c)(2)(viii), (c)(2)(ix), and (c)(2)(xi) of this 
section. The certification shall identify the equipment that passed the 
test and the date it was tested and shall be made available upon request 
to the Assistant Secretary for Occupational Safety and Health and to 
employees or their authorized representatives.

    Note to paragraph (c)(2)(xii): Marking equipment with, and entering 
onto logs, the

[[Page 173]]

results of the tests and the dates of testing are two acceptable means 
of meeting the certification requirement.

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


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


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


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


[[Page 174]]


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


[79 FR 20693, Apr. 11, 2014]



Sec.  1926.98  [Reserved]



Sec.  1926.100  Head protection.

    (a) Employees working in areas where there is a possible danger of 
head injury from impact, or from falling or flying objects, or from 
electrical shock and burns, shall be protected by protective helmets.
    (b) Criteria for head protection. (1) The employer must provide each 
employee with head protection that meets the specifications contained in 
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.  1926.6;
    (ii) American National Standards Institute (ANSI) Z89.1-2003, 
``American National Standard for Industrial Head Protection,'' 
incorporated by reference in Sec.  1926.6; or
    (iii) American National Standards Institute (ANSI) Z89.1-1997, 
``American National Standard for Personnel Protection--Protective 
Headwear for Industrial Workers--Requirements,'' incorporated by 
reference in Sec.  1926.6.
    (2) The employer must ensure that the head protection provided for 
each employee exposed to high-voltage electric shock and burns also 
meets the specifications contained in Section 9.7 (``Electrical 
Insulation'') of any of the consensus standards identified in paragraph 
(b)(1) of this section.
    (3) OSHA will deem any head protection device that the employer 
demonstrates is at least as effective as a head protection device 
constructed in accordance with one of the consensus standards identified 
in paragraph (b)(1) of this section to be in compliance with the 
requirements of this section.

[44 FR 8577, Feb. 9, 1979, as amended at 77 FR 37600, June 22, 2012; 77 
FR 42988, July 23, 2012]



Sec.  1926.101  Hearing protection.

    (a) Wherever it is not feasible to reduce the noise levels or 
duration of exposures to those specified in Table D-2, Permissible Noise 
Exposures, in Sec.  1926.52, ear protective devices shall be provided 
and used.
    (b) Ear protective devices inserted in the ear shall be fitted or 
determined individually by competent persons.
    (c) Plain cotton is not an acceptable protective device.



Sec.  1926.102  Eye and face protection.

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

[[Page 175]]

prescription lenses without disturbing the proper position of the 
prescription lenses or the protective lenses.
    (4) Eye and face PPE shall be distinctly marked to facilitate 
identification of the manufacturer.
    (5) Protectors shall meet the following minimum requirements:
    (i) They shall provide adequate protection against the particular 
hazards for which they are designed.
    (ii) They shall be reasonably comfortable when worn under the 
designated conditions.
    (iii) They shall fit snugly and shall not unduly interfere with the 
movements of the wearer.
    (iv) They shall be durable.
    (v) They shall be capable of being disinfected.
    (vi) They shall be easily cleanable.
    (b) Criteria for protective eye and face protection. (1) Protective 
eye and face protection devices must comply with any of the following 
consensus standards:
    (i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, incorporated by reference in Sec.  1926.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and 
Face Protection Devices, incorporated by reference in Sec.  1926.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, incorporated by reference in Sec.  
1926.6;
    (2) Protective eye and face protection devices that the employer 
demonstrates are at least as effective as protective eye and face 
protection devices that are constructed in accordance with one of the 
above consensus standards will be deemed to be in compliance with the 
requirements of this section.
    (c) Protection against radiant energy--(1) Selection of shade 
numbers for welding filter. Table E-1 shall be used as a guide for the 
selection of the proper shade numbers of filter lenses or plates used in 
welding. Shades more dense than those listed may be used to suit the 
individual's needs.

   Table E-1--Filter Lens Shade Numbers for Protection Against Radiant
                                 Energy
------------------------------------------------------------------------
                                                                 Shade
                      Welding operation                          number
------------------------------------------------------------------------
Shielded metal-arc welding 1/16-, 3/32-, 1/8-, 5/32-inch              10
 diameter electrodes.........................................
Gas-shielded arc welding (nonferrous) 1/16-, 3/32-, 1/8-, 5/          11
 32-inch diameter electrodes.................................
Gas-shielded arc welding (ferrous) 1/16-, 3/32-, 1/8-, 5/32-          12
 inch diameter electrodes....................................
Shielded metal-arc welding 3/16-, 7/32-, 1/4-inch diameter            12
 electrodes..................................................
5/16-, 3/8-inch diameter electrodes..........................         14
Atomic hydrogen welding......................................      10-14
Carbon-arc welding...........................................         14
Soldering....................................................          2
Torch brazing................................................     3 or 4
Light cutting, up to 1 inch..................................     3 or 4
Medium cutting, 1 inch to 6 inches...........................     4 or 5
Heavy cutting, over 6 inches.................................     5 or 6
Gas welding (light), up to 1/8-inch..........................     4 or 5
Gas welding (medium), 1/8-inch to 1/2-inch...................     5 or 6
Gas welding (heavy), over 1/2-inch...........................     6 or 8
------------------------------------------------------------------------

    (2) Laser protection. (i) Employees whose occupation or assignment 
requires exposure to laser beams shall be furnished suitable laser 
safety goggles which will protect for the specific wavelength of the 
laser and be of optical density (O.D.) adequate for the energy involved. 
Table E-2 lists the maximum power or energy density for which adequate 
protection is afforded by glasses of optical densities from 5 through 8. 
Output levels falling between lines in this table shall require the 
higher optical density.

                 Table E-2--Selecting Laser Safety Glass
------------------------------------------------------------------------
                                               Attenuation
  Intensity, CW maximum power   ----------------------------------------
     density (watts/cm\2\)         Optical density
                                        (O.D.)        Attenuation factor
------------------------------------------------------------------------
10-2...........................  5..................  10\5\
10-1...........................  6..................  10\6\
1.0............................  7..................  10\7\
10.0...........................  8..................  10\8\
------------------------------------------------------------------------

    (ii) All protective goggles shall bear a label identifying the 
following data:
    (A) The laser wavelengths for which use is intended;
    (B) The optical density of those wavelengths;
    (C) The visible light transmission.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35160, June 30, 1993; 81 FR 16092, Mar. 25, 2016]

[[Page 176]]



Sec.  1926.103  Respiratory protection.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at 29 CFR 1910.134 of this 
chapter.

[63 FR 1297; Jan. 8, 1998]



Sec.  1926.104  Safety belts, lifelines, and lanyards.

    (a) Lifelines, safety belts, and lanyards shall be used only for 
employee safeguarding. Any lifeline, safety belt, or lanyard actually 
subjected to in-service loading, as distinguished from static load 
testing, shall be immediately removed from service and shall not be used 
again for employee safeguarding.
    (b) Lifelines shall be secured above the point of operation to an 
anchorage or structural member capable of supporting a minimum dead 
weight of 5,400 pounds.
    (c) Lifelines used on rock-scaling operations, or in areas where the 
lifeline may be subjected to cutting or abrasion, shall be a minimum of 
\7/8\-inch wire core manila rope. For all other lifeline applications, a 
minimum of \3/4\-inch manila or equivalent, with a minimum breaking 
strength of 5,000 pounds, shall be used.
    (d) Safety belt lanyard shall be a minimum of \1/2\-inch nylon, or 
equivalent, with a maximum length to provide for a fall of no greater 
than 6 feet. The rope shall have a nominal breaking strength of 5,400 
pounds.
    (e) All safety belt and lanyard hardware shall be drop forged or 
pressed steel, cadmium plated in accordance with type 1, Class B plating 
specified in Federal Specification QQ-P-416. Surface shall be smooth and 
free of sharp edges.
    (f) All safety belt and lanyard hardware, except rivets, shall be 
capable of withstanding a tensile loading of 4,000 pounds without 
cracking, breaking, or taking a permanent deformation.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 84 
FR 21577, May 14, 2019]



Sec.  1926.105  Safety nets.

    (a) Safety nets shall be provided when workplaces are more than 25 
feet above the ground or water surface, or other surfaces where the use 
of ladders, scaffolds, catch platforms, temporary floors, safety lines, 
or safety belts is impractical.
    (b) Where safety net protection is required by this part, operations 
shall not be undertaken until the net is in place and has been tested.
    (c)(1) Nets shall extend 8 feet beyond the edge of the work surface 
where employees are exposed and shall be installed as close under the 
work surface as practical but in no case more than 25 feet below such 
work surface. Nets shall be hung with sufficient clearance to prevent 
user's contact with the surfaces or structures below. Such clearances 
shall be determined by impact load testing.
    (2) It is intended that only one level of nets be required for 
bridge construction.
    (d) The mesh size of nets shall not exceed 6 inches by 6 inches. All 
new nets shall meet accepted performance standards of 17,500 foot-pounds 
minimum impact resistance as determined and certified by the 
manufacturers, and shall bear a label of proof test. Edge ropes shall 
provide a minimum breaking strength of 5,000 pounds.
    (e) Forged steel safety hooks or shackles shall be used to fasten 
the net to its supports.
    (f) Connections between net panels shall develop the full strength 
of the net.



Sec.  1926.106  Working over or near water.

    (a) Employees working over or near water, where the danger of 
drowning exists, shall be provided with U.S. Coast Guard-approved life 
jacket or buoyant work vests.
    (b) Prior to and after each use, the buoyant work vests or life 
preservers shall be inspected for defects which would alter their 
strength or buoyancy. Defective units shall not be used.
    (c) Ring buoys with at least 90 feet of line shall be provided and 
readily available for emergency rescue operations. Distance between ring 
buoys shall not exceed 200 feet.
    (d) At least one lifesaving skiff shall be immediately available at 
locations where employees are working over or adjacent to water.

[[Page 177]]



Sec.  1926.107  Definitions applicable to this subpart.

    (a) Contaminant means any material which by reason of its action 
upon, within, or to a person is likely to cause physical harm.
    (b) Lanyard means a rope, suitable for supporting one person. One 
end is fastened to a safety belt or harness and the other end is secured 
to a substantial object or a safety line.
    (c) Lifeline means a rope, suitable for supporting one person, to 
which a lanyard or safety belt (or harness) is attached.
    (d) O.D. means optical density and refers to the light refractive 
characteristics of a lens.
    (e) Radiant energy means energy that travels outward in all 
directions from its sources.
    (f) Safety belt means a device, usually worn around the waist which, 
by reason of its attachment to a lanyard and lifeline or a structure, 
will prevent a worker from falling.

[44 FR 8577, Feb. 9, 1979]



                Subpart F_Fire Protection and Prevention

    Authority: Section 107 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736),1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (62 FR 50017), 5-2002 
(67 FR 650008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 
(77 FR 3912), as applicable; and 29 CFR part 1911.



Sec.  1926.150  Fire protection.

    (a) General requirements. (1) The employer shall be responsible for 
the development of a fire protection program to be followed throughout 
all phases of the construction and demolition work, and he shall provide 
for the firefighting equipment as specified in this subpart. As fire 
hazards occur, there shall be no delay in providing the necessary 
equipment.
    (2) Access to all available firefighting equipment shall be 
maintained at all times.
    (3) All firefighting equipment, provided by the employer, shall be 
conspicuously located.
    (4) All firefighting equipment shall be periodically inspected and 
maintained in operating condition. Defective equipment shall be 
immediately replaced.
    (5) As warranted by the project, the employer shall provide a 
trained and equipped firefighting organization (Fire Brigade) to assure 
adequate protection to life.
    (b) Water supply. (1) A temporary or permanent water supply, of 
sufficient volume, duration, and pressure, required to properly operate 
the firefighting equipment shall be made available as soon as 
combustible materials accumulate.
    (2) Where underground water mains are to be provided, they shall be 
installed, completed, and made available for use as soon as practicable.
    (c) Portable firefighting equipment--(1) Fire extinguishers and 
small hose lines. (i) A fire extinguisher, rated not less than 2A, shall 
be provided for each 3,000 square feet of the protected building area, 
or major fraction thereof. Travel distance from any point of the 
protected area to the nearest fire extinguisher shall not exceed 100 
feet.
    (ii) One 55-gallon open drum of water with two fire pails may be 
substituted for a fire extinguisher having a 2A rating.
    (iii) A \1/2\-inch diameter garden-type hose line, not to exceed 100 
feet in length and equipped with a nozzle, may be substituted for a 2A-
rated fire extinguisher, providing it is capable of discharging a 
minimum of 5 gallons per minute with a minimum hose stream range of 30 
feet horizontally. The garden-type hose lines shall be mounted on 
conventional racks or reels. The number and location of hose racks or 
reels shall be such that at least one hose stream can be applied to all 
points in the area.
    (iv) One or more fire extinguishers, rated not less than 2A, shall 
be provided on each floor. In multistory buildings, at least one fire 
extinguisher shall be located adjacent to stairway.
    (v) Extinguishers and water drums, subject to freezing, shall be 
protected from freezing.

[[Page 178]]

    (vi) A fire extinguisher, rated not less than 10B, shall be provided 
within 50 feet of wherever more than 5 gallons of flammable or 
combustible liquids or 5 pounds of flammable gas are being used on the 
jobsite. This requirement does not apply to the integral fuel tanks of 
motor vehicles.
    (vii) Carbon tetrachloride and other toxic vaporizing liquid fire 
extinguishers are prohibited.
    (viii) Portable fire extinguishers shall be inspected periodically 
and maintained in accordance with Maintenance and Use of Portable Fire 
Extinguishers, NFPA No. 10A-1970.
    (ix) Fire extinguishers which have been listed or approved by a 
nationally recognized testing laboratory, shall be used to meet the 
requirements of this subpart.
    (x) Table F-1 may be used as a guide for selecting the appropriate 
portable fire extinguishers.
[GRAPHIC] [TIFF OMITTED] TC30OC91.012

    (2) Fire hose and connections. (i) One hundred feet, or less, of 
1\1/2\-inch hose, with a nozzle capable of discharging water at 25 
gallons or more per minute, may be substituted for a fire extinguisher 
rated not more than 2A in the designated area provided that the hose 
line can reach all points in the area.
    (ii) If fire hose connections are not compatible with local 
firefighting equipment, the contractor shall provide adapters, or 
equivalent, to permit connections.
    (iii) During demolition involving combustible materials, charged 
hose lines, supplied by hydrants, water tank trucks with pumps, or 
equivalent, shall be made available.
    (d) Fixed firefighting equipment--(1) Sprinkler protection. (i) If 
the facility being constructed includes the installation of automatic 
sprinkler protection, the installation shall closely follow the 
construction and be placed in service as soon as applicable laws permit 
following completion of each story.
    (ii) During demolition or alterations, existing automatic sprinkler 
installations shall be retained in service as long as reasonable. The 
operation of sprinkler control valves shall be permitted only by 
properly authorized

[[Page 179]]

persons. Modification of sprinkler systems to permit alterations or 
additional demolition should be expedited so that the automatic 
protection may be returned to service as quickly as possible. Sprinkler 
control valves shall be checked daily at close of work to ascertain that 
the protection is in service.
    (2) Standpipes. In all structures in which standpipes are required, 
or where standpipes exist in structures being altered, they shall be 
brought up as soon as applicable laws permit, and shall be maintained as 
construction progresses in such a manner that they are always ready for 
fire protection use. The standpipes shall be provided with Siamese fire 
department connections on the outside of the structure, at the street 
level, which shall be conspicuously marked. There shall be at least one 
standard hose outlet at each floor.
    (e) Fire alarm devices. (1) An alarm system, e.g., telephone system, 
siren, etc., shall be established by the employer whereby employees on 
the site and the local fire department can be alerted for an emergency.
    (2) The alarm code and reporting instructions shall be conspicuously 
posted at phones and at employee entrances.
    (f) Fire cutoffs. (1) Fire walls and exit stairways, required for 
the completed buildings, shall be given construction priority. Fire 
doors, with automatic closing devices, shall be hung on openings as soon 
as practicable.
    (2) Fire cutoffs shall be retained in buildings undergoing 
alterations or demolition until operations necessitate their removal.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35162, June 30, 1993; 61 FR 31432, June 20, 1996]



Sec.  1926.151  Fire prevention.

    (a) Ignition hazards. (1) Electrical wiring and equipment for light, 
heat, or power purposes shall be installed in compliance with the 
requirements of subpart K of this part.
    (2) Internal combustion engine powered equipment shall be so located 
that the exhausts are well away from combustible materials. When the 
exhausts are piped to outside the building under construction, a 
clearance of at least 6 inches shall be maintained between such piping 
and combustible material.
    (3) Smoking shall be prohibited at or in the vicinity of operations 
which constitute a fire hazard, and shall be conspicuously posted: ``No 
Smoking or Open Flame.''
    (4) Portable battery powered lighting equipment, used in connection 
with the storage, handling, or use of flammable gases or liquids, shall 
be of the type approved for the hazardous locations.
    (5) The nozzle of air, inert gas, and steam lines or hoses, when 
used in the cleaning or ventilation of tanks and vessels that contain 
hazardous concentrations of flammable gases or vapors, shall be bonded 
to the tank or vessel shell. Bonding devices shall not be attached or 
detached in hazardous concentrations of flammable gases or vapors.
    (b) Temporary buildings. (1) No temporary building shall be erected 
where it will adversely affect any means of exit.
    (2) Temporary buildings, when located within another building or 
structure, shall be of either noncombustible construction or of 
combustible construction having a fire resistance of not less than 1 
hour.
    (3) Temporary buildings, located other than inside another building 
and not used for the storage, handling, or use of flammable or 
combustible liquids, flammable gases, explosives, or blasting agents, or 
similar hazardous occupancies, shall be located at a distance of not 
less than 10 feet from another building or structure. Groups of 
temporary buildings, not exceeding 2,000 square feet in aggregate, 
shall, for the purposes of this part, be considered a single temporary 
building.
    (c) Open yard storage. (1) Combustible materials shall be piled with 
due regard to the stability of piles and in no case higher than 20 feet.
    (2) Driveways between and around combustible storage piles shall be 
at least 15 feet wide and maintained free from accumulation of rubbish, 
equipment, or other articles or materials. Driveways shall be so spaced 
that a maximum grid system unit of 50 feet by 150 feet is produced.

[[Page 180]]

    (3) The entire storage site shall be kept free from accumulation of 
unnecessary combustible materials. Weeds and grass shall be kept down 
and a regular procedure provided for the periodic cleanup of the entire 
area.
    (4) When there is a danger of an underground fire, that land shall 
not be used for combustible or flammable storage.
    (5) Method of piling shall be solid wherever possible and in orderly 
and regular piles. No combustible material shall be stored outdoors 
within 10 feet of a building or structure.
    (6) Portable fire extinguishing equipment, suitable for the fire 
hazard involved, shall be provided at convenient, conspicuously 
accessible locations in the yard area. Portable fire extinguishers, 
rated not less than 2A, shall be placed so that maximum travel distance 
to the nearest unit shall not exceed 100 feet.
    (d) Indoor storage. (1) Storage shall not obstruct, or adversely 
affect, means of exit.
    (2) All materials shall be stored, handled, and piled with due 
regard to their fire characteristics.
    (3) Noncompatible materials, which may create a fire hazard, shall 
be segregated by a barrier having a fire resistance of at least 1 hour.
    (4) Material shall be piled to minimize the spread of fire 
internally and to permit convenient access for firefighting. Stable 
piling shall be maintained at all times. Aisle space shall be maintained 
to safely accommodate the widest vehicle that may be used within the 
building for firefighting purposes.
    (5) Clearance of at least 36 inches shall be maintained between the 
top level of the stored material and the sprinkler deflectors.
    (6) Clearance shall be maintained around lights and heating units to 
prevent ignition of combustible materials.
    (7) A clearance of 24 inches shall be maintained around the path of 
travel of fire doors unless a barricade is provided, in which case no 
clearance is needed. Material shall not be stored within 36 inches of a 
fire door opening.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 51 
FR 25318, July 11, 1986]



Sec.  1926.152  Flammable liquids.

    (a) General requirements. (1) Only approved containers and portable 
tanks shall be used for storage and handling of flammable liquids. 
Approved safety cans or Department of Transportation approved containers 
shall be used for the handling and use of flammable liquids in 
quantities of 5 gallons or less, except that this shall not apply to 
those flammable liquid materials which are highly viscid (extremely hard 
to pour), which may be used and handled in original shipping containers. 
For quantities of one gallon or less, the original container may be 
used, for storage, use and handling of flammable liquids.
    (2) Flammable liquids shall not be stored in areas used for exits, 
stairways, or normally used for the safe passage of people.
    (b) Indoor storage of flammable liquids. (1) No more than 25 gallons 
of flammable liquids shall be stored in a room outside of an approved 
storage cabinet. For storage of liquefied petroleum gas, see Sec.  
1926.153.
    (2) Quantities of flammable liquid in excess of 25 gallons shall be 
stored in an acceptable or approved cabinet meeting the following 
requirements:
    (i) Acceptable wooden storage cabinets shall be constructed in the 
following manner, or equivalent: The bottom, sides, and top shall be 
constructed of an exterior grade of plywood at least 1 inch in 
thickness, which shall not break down or delaminate under standard fire 
test conditions. All joints shall be rabbeted and shall be fastened in 
two directions with flathead wood screws. When more than one door is 
used, there shall be a rabbeted overlap of not less than 1 inch. Steel 
hinges shall be mounted in such a manner as to not lose their holding 
capacity due to loosening or burning out of the screws when subjected to 
fire. Such cabinets shall be painted inside and out with fire retardant 
paint.
    (ii) Approved metal storage cabinets will be acceptable.
    (iii) Cabinets shall be labeled in conspicuous lettering, 
``Flammable-Keep Away from Open Flames.''
    (3) Not more than 60 gallons of Category 1, 2 and/or 3 flammable 
liquids or 120 gallons of Category 4 flammable

[[Page 181]]

liquids shall be stored in any one storage cabinet. Not more than three 
such cabinets may be located in a single storage area. Quantities in 
excess of this shall be stored in an inside storage room.
    (4)(i) Inside storage rooms shall be constructed to meet the 
required fire-resistive rating for their use. Such construction shall 
comply with the test specifications set forth in Standard Methods of 
Fire Test of Building Construction and Material, NFPA 251-1969.
    (ii) Where an automatic extinguishing system is provided, the system 
shall be designed and installed in an approved manner. Openings to other 
rooms or buildings shall be provided with noncombustible liquid-tight 
raised sills or ramps at least 4 inches in height, or the floor in the 
storage area shall be at least 4 inches below the surrounding floor. 
Openings shall be provided with approved self-closing fire doors. The 
room shall be liquid-tight where the walls join the floor. A permissible 
alternate to the sill or ramp is an open-grated trench, inside of the 
room, which drains to a safe location. Where other portions of the 
building or other buildings are exposed, windows shall be protected as 
set forth in the Standard for Fire Doors and Windows, NFPA No. 80-1970, 
for Class E or F openings. Wood of at least 1-inch nominal thickness may 
be used for shelving, racks, dunnage, scuffboards, floor overlay, and 
similar installations.
    (iii) Materials which will react with water and create a fire hazard 
shall not be stored in the same room with flammable liquids.
    (iv) Storage in inside storage rooms shall comply with Table F-2 
following:

                                                    Table F-2
----------------------------------------------------------------------------------------------------------------
                                                                                                         Total
                                                                                                       allowable
                                                                                                      quantities
         Fire protection provided                 Fire resistance                Maximum size          gals./sq.
                                                                                                       ft./floor
                                                                                                         area
----------------------------------------------------------------------------------------------------------------
Yes......................................  2 hrs.......................  500 sq. ft.................          10
No.......................................  2 hrs.......................  500 sq. ft.................           4
Yes......................................  1 hr........................  150 sq. ft.................           5
No.......................................  1 hr........................  150 sq. ft.................           2
----------------------------------------------------------------------------------------------------------------
Note: Fire protection system shall be sprinkler, water spray, carbon dioxide or other system approved by a
  nationally recognized testing laboratory for this purpose.

    (v) Electrical wiring and equipment located in inside storage rooms 
shall be approved for Class I, Division 1, Hazardous Locations. For 
definition of Class I, Division 1, Hazardous Locations, see Sec.  
1926.449.
    (vi) Every inside storage room shall be provided with either a 
gravity or a mechanical exhausting system. Such system shall commence 
not more than 12 inches above the floor and be designed to provide for a 
complete change of air within the room at least 6 times per hour. If a 
mechanical exhausting system is used, it shall be controlled by a switch 
located outside of the door. The ventilating equipment and any lighting 
fixtures shall be operated by the same switch. An electric pilot light 
shall be installed adjacent to the switch if Category 1, 2, or 3 
flammable liquids are dispensed within the room. Where gravity 
ventilation is provided, the fresh air intake, as well as the exhausting 
outlet from the room, shall be on the exterior of the building in which 
the room is located.
    (vii) In every inside storage room there shall be maintained one 
clear aisle at least 3 feet wide. Containers over 30 gallons capacity 
shall not be stacked one upon the other.
    (viii) Flammable liquids in excess of that permitted in inside 
storage rooms shall be stored outside of buildings in accordance with 
paragraph (c) of this section.
    (5) Quantity. The quantity of flammable liquids kept in the vicinity 
of spraying operations shall be the minimum required for operations and 
should ordinarily not exceed a supply for 1 day or one shift. Bulk 
storage of portable containers of flammable liquids shall be in a 
separate, constructed building detached from other important buildings 
or cut off in a standard manner.
    (c) Storage outside buildings. (1) Storage of containers (not more 
than 60 gallons each) shall not exceed 1,100 gallons in any one pile or 
area. Piles or groups of containers shall be separated by a 5-foot 
clearance. Piles or groups of containers shall not be nearer than 20 
feet to a building.
    (2) Within 200 feet of each pile of containers, there shall be a 12-
foot-wide access way to permit approach of fire control apparatus.

[[Page 182]]

    (3) The storage area shall be graded in a manner to divert possible 
spills away from buildings or other exposures, or shall be surrounded by 
a curb or earth dike at least 12 inches high. When curbs or dikes are 
used, provisions shall be made for draining off accumulations of ground 
or rain water, or spills of flammable liquids. Drains shall terminate at 
a safe location and shall be accessible to operation under fire 
conditions.
    (4) Outdoor portable tank storage: (i) Portable tanks shall not be 
nearer than 20 feet from any building. Two or more portable tanks, 
grouped together, having a combined capacity in excess of 2,200 gallons, 
shall be separated by a 5-foot-clear area. Individual portable tanks 
exceeding 1,100 gallons shall be separated by a 5-foot-clear area.
    (ii) Within 200 feet of each portable tank, there shall be a 12-
foot-wide access way to permit approach of fire control apparatus.
    (5) Storage areas shall be kept free of weeds, debris, and other 
combustible material not necessary to the storage.
    (6) Portable tanks, not exceeding 660 gallons, shall be provided 
with emergency venting and other devices, as required by chapters III 
and IV of NFPA 30-1969, The Flammable and Combustible Liquids Code.
    (7) Portable tanks, in excess of 660 gallons, shall have emergency 
venting and other devices, as required by chapters II and III of The 
Flammable and Combustible Liquids Code, NFPA 30-1969.
    (d) Fire control for flammable liquid storage. (1) At least one 
portable fire extinguisher, having a rating of not less than 20-B units, 
shall be located outside of, but not more than 10 feet from, the door 
opening into any room used for storage of more than 60 gallons of 
flammable liquids.
    (2) At least one portable fire extinguisher having a rating of not 
less than 20-B units shall be located not less than 25 feet, nor more 
than 75 feet, from any flammable liquid storage area located outside.
    (3) When sprinklers are provided, they shall be installed in 
accordance with the Standard for the Installation of Sprinkler Systems, 
NFPA 13-1969.
    (4) At least one portable fire extinguisher having a rating of not 
less than 20-B:C units shall be provided on all tank trucks or other 
vehicles used for transporting and/or dispensing flammable liquids.
    (e) Dispensing liquids. (1) Areas in which flammable liquids are 
transferred at one time, in quantities greater than 5 gallons from one 
tank or container to another tank or container, shall be separated from 
other operations by 25-feet distance or by construction having a fire 
resistance of at least 1 hour. Drainage or other means shall be provided 
to control spills. Adequate natural or mechanical ventilation shall be 
provided to maintain the concentration of flammable vapor at or below 10 
percent of the lower flammable limit.
    (2) Transfer of Category 1, 2, or 3 flammable liquids from one 
container to another shall be done only when containers are electrically 
interconnected (bonded).
    (3) Flammable liquids shall be drawn from or transferred into 
vessels, containers, or tanks within a building or outside only through 
a closed piping system, from safety cans, by means of a device drawing 
through the top, or from a container, or portable tanks, by gravity or 
pump, through an approved self-closing valve. Transferring by means of 
air pressure on the container or portable tanks is prohibited.
    (4) The dispensing units shall be protected against collision 
damage.
    (5) Dispensing devices and nozzles for Category 1, 2, or 3 flammable 
liquids shall be of an approved type.
    (f) Handling liquids at point of final use. (1) Category 1, 2, or 3 
flammable liquids shall be kept in closed containers when not actually 
in use.
    (2) Leakage or spillage of flammable liquids shall be disposed of 
promptly and safely.
    (3) Category 1, 2, or 3 flammable liquids may be used only where 
there are no open flames or other sources of ignition within 50 feet of 
the operation, unless conditions warrant greater clearance.
    (g) Service and refueling areas. (1) Flammable liquids shall be 
stored in approved closed containers, in tanks

[[Page 183]]

located underground, or in aboveground portable tanks.
    (2) The tank trucks shall comply with the requirements covered in 
the Standard for Tank Vehicles for Flammable and Combustible Liquids, 
NFPA No. 385-1966.
    (3) The dispensing hose shall be an approved type.
    (4) The dispensing nozzle shall be an approved automatic-closing 
type without a latch-open device.
    (5) Underground tanks shall not be abandoned.
    (6) Clearly identified and easily accessible switch(es) shall be 
provided at a location remote from dispensing devices to shut off the 
power to all dispensing devices in the event of an emergency.
    (7)(i) Heating equipment of an approved type may be installed in the 
lubrication or service area where there is no dispensing or transferring 
of Category 1, 2, or 3 flammable liquids, provided the bottom of the 
heating unit is at least 18 inches above the floor and is protected from 
physical damage.
    (ii) Heating equipment installed in lubrication or service areas, 
where Category 1, 2, or 3 flammable liquids are dispensed, shall be of 
an approved type for garages, and shall be installed at least 8 feet 
above the floor.
    (8) There shall be no smoking or open flames in the areas used for 
fueling, servicing fuel systems for internal combustion engines, 
receiving or dispensing of flammable liquids.
    (9) Conspicuous and legible signs prohibiting smoking shall be 
posted.
    (10) The motors of all equipment being fueled shall be shut off 
during the fueling operation.
    (11) Each service or fueling area shall be provided with at least 
one fire extinguisher having a rating of not less than 20-B:C located so 
that an extinguisher will be within 75 feet of each pump, dispenser, 
underground fill pipe opening, and lubrication or service area.
    (h) Scope. This section applies to the handling, storage, and use of 
flammable liquids with a flashpoint at or below 199.4 [deg]F (93 
[deg]C). This section does not apply to:
    (1) Bulk transportation of flammable liquids; and
    (2) Storage, handling, and use of fuel oil tanks and containers 
connected with oil burning equipment.
    (i) Tank storage--(1) Design and construction of tanks--(i) 
Materials. (A) Tanks shall be built of steel except as provided in 
paragraphs (i)(1)(i) (B) through (E) of this section.
    (B) Tanks may be built of materials other than steel for 
installation underground or if required by the properties of the liquid 
stored. Tanks located above ground or inside buildings shall be of 
noncombustible construction.
    (C) Tanks built of materials other than steel shall be designed to 
specifications embodying principles recognized as good engineering 
design for the material used.
    (D) Unlined concrete tanks may be used for storing flammable liquids 
having a gravity of 40[deg] API or heavier. Concrete tanks with special 
lining may be used for other services provided the design is in 
accordance with sound engineering practice.
    (E) [Reserved]
    (F) Special engineering consideration shall be required if the 
specific gravity of the liquid to be stored exceeds that of water or if 
the tanks are designed to contain flammable liquids at a liquid 
temperature below 0 [deg]F.
    (ii) Fabrication. (A) [Reserved]
    (B) Metal tanks shall be welded, riveted, and caulked, brazed, or 
bolted, or constructed by use of a combination of these methods. Filler 
metal used in brazing shall be nonferrous metal or an alloy having a 
melting point above 1000 [deg]F. and below that of the metal joined.
    (iii) Atmospheric tanks. (A) Atmospheric tanks shall be built in 
accordance with acceptable good standards of design. Atmospheric tanks 
may be built in accordance with:
    (1) Underwriters' Laboratories, Inc., Subjects No. 142, Standard for 
Steel Aboveground Tanks for Flammable and Combustible Liquids, 1968; No. 
58, Standard for Steel Underground Tanks for Flammable and Combustible 
Liquids, Fifth Edition, December 1961; or No. 80, Standard for Steel 
Inside Tanks for Oil-Burner Fuel, September 1963.
    (2) American Petroleum Institute Standards No. 12A, Specification 
for Oil Storage Tanks with Riveted Shells, Seventh Edition, September 
1951, or

[[Page 184]]

No. 650, Welded Steel Tanks for Oil Storage, Third Edition, 1966.
    (3) American Petroleum Institute Standards No. 12B, Specification 
for Bolted Production Tanks, Eleventh Edition, May 1958, and Supplement 
1, March 1962; No. 12D, Specification for Large Welded Production Tanks, 
Seventh Edition, August 1957; or No. 12F, Specification for Small Welded 
Production Tanks, Fifth Edition, March 1961. Tanks built in accordance 
with these standards shall be used only as production tanks for storage 
of crude petroleum in oil-producing areas.
    (B) Tanks designed for underground service not exceeding 2,500 
gallons (9,462.5 L) capacity may be used aboveground.
    (C) Low-pressure tanks and pressure vessels may be used as 
atmospheric tanks.
    (D) Atmospheric tanks shall not be used for the storage of a 
flammable liquid at a temperature at or above its boiling point.
    (iv) Low pressure tanks. (A) The normal operating pressure of the 
tank shall not exceed the design pressure of the tank.
    (B) Low-pressure tanks shall be built in accordance with acceptable 
standards of design. Low-pressure tanks may be built in accordance with:
    (1) American Petroleum Institute Standard No. 620. Recommended Rules 
for the Design and Construction of Large, Welded, Low-Pressure Storage 
Tanks, Third Edition, 1966.
    (2) The principles of the Code for Unfired Pressure Vessels, Section 
VIII of the ASME Boiler and Pressure Vessels Code, 1968.
    (C) Atmospheric tanks built according to Underwriters' Laboratories, 
Inc., requirements in paragraph (i)(1)(iii)(A) of this section and shall 
be limited to 2.5 p.s.i.g. under emergency venting conditions.

This paragraph may be used for operating pressures not exceeding 1 
p.s.i.g.
    (D) Pressure vessels may be used as low-pressure tanks.
    (v) Pressure vessels. (A) The normal operating pressure of the 
vessel shall not exceed the design pressure of the vessel.
    (B) Pressure vessels shall be built in accordance with the Code for 
Unfired Pressure Vessels, Section VIII of the ASME Boiler and Pressure 
Vessel Code 1968.
    (vi) Provisions for internal corrosion. When tanks are not designed 
in accordance with the American Petroleum Institute, American Society of 
Mechanical Engineers, or the Underwriters' Laboratories, Inc.'s, 
standards, or if corrosion is anticipated beyond that provided for in 
the design formulas used, additional metal thickness or suitable 
protective coatings or linings shall be provided to compensate for the 
corrosion loss expected during the design life of the tank.
    (2) Installation of outside aboveground tanks. (i) [Reserved]
    (ii) Spacing (shell-to-shell) between aboveground tanks. (A) The 
distance between any two flammable liquid storage tanks shall not be 
less than 3 feet (0.912 m).
    (B) Except as provided in paragraph (i)(2)(ii)(C) of this section, 
the distance between any two adjacent tanks shall not be less than one-
sixth the sum of their diameters. When the diameter of one tank is less 
than one-half the diameter of the adjacent tank, the distance between 
the two tanks shall not be less than one-half the diameter of the 
smaller tank.
    (C) Where crude petroleum in conjunction with production facilities 
are located in noncongested areas and have capacities not exceeding 
126,000 gallons (3,000 barrels), the distance between such tanks shall 
not be less than 3 feet (0.912 m).
    (D) Where unstable flammable liquids are stored, the distance 
between such tanks shall not be less than one-half the sum of their 
diameters.
    (E) When tanks are compacted in three or more rows or in an 
irregular pattern, greater spacing or other means shall be provided so 
that inside tanks are accessible for firefighting purposes.
    (F) The minimum separation between a liquefied petroleum gas 
container and a flammable liquid storage tank shall be 20 feet (6.08 m), 
except in the case of flammable liquid tanks operating at pressures 
exceeding 2.5 p.s.i.g. or equipped with emergency venting which will 
permit pressures to exceed 2.5 p.s.i.g. in which case the provisions

[[Page 185]]

of paragraphs (i)(2)(ii) (A) and (B) of this section shall apply. 
Suitable means shall be taken to prevent the accumulation of flammable 
liquids under adjacent liquefied petroleum gas containers such as by 
diversion curbs or grading. When flammable liquid storage tanks are 
within a diked area, the liquefied petroleum gas containers shall be 
outside the diked area and at least 10 feet (3.04 m) away from the 
centerline of the wall of the diked area. The foregoing provisions shall 
not apply when liquefied petroleum gas containers of 125 gallons 
(473.125 L) or less capacity are installed adjacent to fuel oil supply 
tanks of 550 gallons (2,081.75 L) or less capacity.
    (iii) [Reserved]
    (iv) Normal venting for aboveground tanks. (A) Atmospheric storage 
tanks shall be adequately vented to prevent the development of vacuum or 
pressure sufficient to distort the roof of a cone roof tank or exceeding 
the design pressure in the case of other atmospheric tanks, as a result 
of filling or emptying, and atmospheric temperature changes.
    (B) Normal vents shall be sized either in accordance with: (1) The 
American Petroleum Institute Standard 2000 (1968), Venting Atmospheric 
and Low-Pressure Storage Tanks; or (2) other accepted standard; or (3) 
shall be at least as large as the filling or withdrawal connection, 
whichever is larger but in no case less than 1\1/4\ inch (3.175 cm) 
nominal inside diameter.
    (C) Low-pressure tanks and pressure vessels shall be adequately 
vented to prevent development of pressure or vacuum, as a result of 
filling or emptying and atmospheric temperature changes, from exceeding 
the design pressure of the tank or vessel. Protection shall also be 
provided to prevent overpressure from any pump discharging into the tank 
or vessel when the pump discharge pressure can exceed the design 
pressure of the tank or vessel.
    (D) If any tank or pressure vessel has more than one fill or 
withdrawal connection and simultaneous filling or withdrawal can be 
made, the vent size shall be based on the maximum anticipated 
simultaneous flow.
    (E) Unless the vent is designed to limit the internal pressure 2.5 
p.s.i. or less, the outlet of vents and vent drains shall be arranged to 
discharge in such a manner as to prevent localized overheating of any 
part of the tank in the event vapors from such vents are ignited.
    (F) Tanks and pressure vessels storing Category 1 flammable liquids 
shall be equipped with venting devices that shall be normally closed 
except when venting to pressure or vacuum conditions. Tanks and pressure 
vessels storing Category 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), shall be 
equipped with venting devices that shall be normally closed except when 
venting under pressure or vacuum conditions, or with approved flame 
arresters.
    Exemption: Tanks of 3,000 bbls (barrels) (84 m(3)) capacity or less 
containing crude petroleum in crude-producing areas; and, outside 
aboveground atmospheric tanks under 1,000 gallons (3,785 L) capacity 
containing other than Category 1 flammable liquids may have open vents. 
(See paragraph (i)(2)(vi)(B) of this section.)
    (G) Flame arresters or venting devices required in paragraph 
(i)(2)(iv)(F) of this section may be omitted for Category 2 flammable 
liquids or Category 3 flammable liquids with a flashpoint below 100 
[deg]F (37.8 [deg]C) where conditions are such that their use may, in 
case of obstruction, result in tank damage.
    (v) Emergency relief venting for fire exposure for aboveground 
tanks. (A) Every aboveground storage tank shall have some form of 
construction or device that will relieve excessive internal pressure 
caused by exposure fires.
    (B) In a vertical tank the construction referred to in paragraph 
(i)(2)(v)(A) of this section may take the form of a floating roof, 
lifter roof, a weak roof-to-shell seam, or other approved pressure 
relieving construction. The weak roof-to-shell seam shall be constructed 
to fail preferential to any other seam.
    (C) Where entire dependence for emergency relief is placed upon 
pressure relieving devices, the total venting capacity of both normal 
and emergency vents shall be enough to prevent

[[Page 186]]

rupture of the shell or bottom of the tank if vertical, or of the shell 
or heads if horizontal. If unstable liquids are stored, the effects of 
heat or gas resulting from polymerization, decomposition, condensation, 
or self-reactivity shall be taken into account. The total capacity of 
both normal and emergency venting devices shall be not less than that 
derived from Table F-10 except as provided in paragraph (i)(2)(v) (E) or 
(F) of this section. Such device may be a self-closing manhole cover, or 
one using long bolts that permit the cover to lift under internal 
pressure, or an additional or larger relief valve or valves. The wetted 
area of the tank shall be calculated on the basis of 55 percent of the 
total exposed area of a sphere or spheroid, 75 percent of the total 
exposed area of a horizontal tank and the first 30 feet (9.12 m) above 
grade of the exposed shell area of a vertical tank.

  Table F-10--Wetted Area Versus Cubic Feet (Meters) Free Air Per Hour
                [14.7 psia and 60 [deg]F. (15.55 [deg]C)]
------------------------------------------------------------------------
                            Square                  Square
Square feet  CFH (m\3\H)     feet         CFH        feet         CFH
   (m\2\)                   (m\2\)      (m\3\H)     (m\2\)      (m\3\H)
------------------------------------------------------------------------
 20 (1.84)       21,100   200 (18.4)     211,000       1,000     524,000
                (590.8)                  (5,908)      (90.2)    (14,672)
 30 (2.76)       31,600     250 (23)     239,000       1,200     557,000
                (884.8)                  (6,692)     (110.4)    (15,596)
 40 (3.68)       42,100   300 (27.6)     265,000       1,400     587,000
              (1,178.8)                  (7,420)     (128.8)    (16,436)
  50 (4.6)       52,700   350 (32.2)     288,000       1,600     614,000
              (1,475.6)                  (8,064)     (147.2)    (17,192)
 60 (5.52)       63,200   400 (36.8)     312,000       1,800     639,000
              (1,769.6)                  (8,736)     (165.6)    (17,892)
 70 (6.44)       73,700     500 (46)     354,000       2,000     662,000
              (2,063.6)                  (9,912)     (180.4)    (18,536)
 80 (7.36)       84,200   600 (55.2)     392,000       2,400     704,000
              (2,357.6)                 (10,976)     (220.8)    (19,712)
 90 (8.28)       94,800   700 (64.4)     428,000       2,800     742,000
              (2,654.4)                 (11,984)     (257.6)    (20,776)
 100 (9.2)      105,000   800 (73.6)     462,000         and
                (2,940)                 (12,936)
120 (11.04)     126,000   900 (82.8)     493,000        over
                (3,528)                 (13,804)
140 (12.88)     147,000        1,000     524,000
                (4,116)       (90.2)    (14,672)
160 (14.72)     168,000
                (4,704)
180 (16.56)     190,000
                (5,320)
200 (18.4)      211,000
                (5,908)
------------------------------------------------------------------------

    (D) For tanks and storage vessels designed for pressure over 1 
p.s.i.g., the total rate of venting shall be determined in accordance 
with Table F-10, except that when the exposed wetted area of the surface 
is greater than 2,800 square feet (257.6 m\2\), the total rate of 
venting shall be calculated by the following formula:

CFH = 1,107A\0.82\

Where:

CFH = Venting requirement, in cubic feet (meters) of free air per hour.
A = Exposed wetted surface, in square feet (m\2\).

    Note: The foregoing formula is based on Q = 21,000A\0.82\.

    (E) The total emergency relief venting capacity for any specific 
stable liquid may be determined by the following formula:

V = 1337 / L[radic] M

V = Cubic feet (meters) of free air per hour from Table F-10.
L = Latent heat of vaporization of specific liquid in B.t.u. per pound.
M = Molecular weight of specific liquids.

    (F) The required airflow rate of paragraph (i)(2)(v) (C) or (E) of 
this section may be multiplied by the appropriate factor listed in the 
following schedule when protection is provided as indicated. Only one 
factor may be used for any one tank.

0.5 for drainage in accordance with paragraph (i)(2)(vii)(B) of this 
section for tanks over 200 square feet (18.4 m\2\) of wetted area.
0.3 for approved water spray.
0.3 for approved insulation.
0.15 for approved water spray with approved insulation.

    (G) The outlet of all vents and vent drains on tanks equipped with 
emergency venting to permit pressures exceeding 2.5 p.s.i.g. shall be 
arranged to discharge in such a way as to prevent localized overheating 
of any part of the tank, in the event vapors from such vents are 
ignited.
    (H) Each commercial tank venting device shall have stamped on it the 
opening pressure, the pressure at which the valve reaches the full open 
position, and the flow capacity at the latter pressure, expressed in 
cubic feet

[[Page 187]]

(meters) per hour of air at 60 [deg]F. (15.55 [deg]C) and at a pressure 
of 14.7 p.s.i.a.
    (I) The flow capacity of tank venting devices 12 inches (30.48 cm) 
and smaller in nominal pipe size shall be determined by actual test of 
each type and size of vent. These flow tests may be conducted by the 
manufacturer if certified by a qualified impartial observer, or may be 
conducted by an outside agency. The flow capacity of tank venting 
devices larger than 12 inches (30.48 cm) nominal pipe size, including 
manhole covers with long bolts or equivalent, may be calculated provided 
that the opening pressure is actually measured, the rating pressure and 
corresponding free orifice area are stated, the word ``calculated'' 
appears on the nameplate, and the computation is based on a flow 
coefficient of 0.5 applied to the rated orifice area.
    (vi) Vent piping for aboveground tanks. (A) Vent piping shall be 
constructed in accordance with paragraph (c) of this section.
    (B) Where vent pipe outlets for tanks storing Category 1 or 2 
flammable liquids, or Category 3 flammable liquids with a flashpoint 
below 100 [deg]F (37.8 [deg]C), are adjacent to buildings or public 
ways, they shall be located so that the vapors are released at a safe 
point outside of buildings and not less than 12 feet (3.658 m) above the 
adjacent ground level. In order to aid their dispersion, vapors shall be 
discharged upward or horizontally away from closely adjacent walls. Vent 
outlets shall be located so that flammable vapors will not be trapped by 
eaves or other obstructions and shall be at least 5 feet (1.52 m) from 
building openings.
    (C) When tank vent piping is manifolded, pipe sizes shall be such as 
to discharge, within the pressure limitations of the system, the vapors 
they may be required to handle when manifolded tanks are subject to the 
same fire exposure.
    (vii) Drainage, dikes, and walls for aboveground tanks--(A) Drainage 
and diked areas. The area surrounding a tank or a group of tanks shall 
be provided with drainage as in paragraph (i)(2)(vii)(B) of this 
section, or shall be diked as provided in (i)(2)(vii)(C) of this 
section, to prevent accidental discharge of liquid from endangering 
adjoining property or reaching waterways.
    (B) Drainage. Where protection of adjoining property or waterways is 
by means of a natural or manmade drainage system, such systems shall 
comply with the following:
    (1) [Reserved]
    (2) The drainage system shall terminate in vacant land or other area 
or in an impounding basin having a capacity not smaller than that of the 
largest tank served. This termination area and the route of the drainage 
system shall be so located that, if the flammable liquids in the 
drainage system are ignited, the fire will not seriously expose tanks or 
adjoining property.
    (C) Diked areas. Where protection of adjoining property or waterways 
is accomplished by retaining the liquid around the tank by means of a 
dike, the volume of the diked area shall comply with the following 
requirements:
    (1) Except as provided in paragraph (i)(2)(vii)(C)(2) of this 
section, the volumetric capacity of the diked area shall not be less 
than the greatest amount of liquid that can be released from the largest 
tank within the diked area, assuming a full tank. The capacity of the 
diked area enclosing more than one tank shall be calculated by deducting 
the volume of the tanks other than the largest tank below the height of 
the dike.
    (2) For a tank or group of tanks with fixed roofs containing crude 
petroleum with boilover characteristics, the volumetric capacity of the 
diked area shall be not less than the capacity of the largest tank 
served by the enclosure, assuming a full tank. The capacity of the diked 
enclosure shall be calculated by deducting the volume below the height 
of the dike of all tanks within the enclosure.
    (3) Walls of the diked area shall be of earth, steel, concrete or 
solid masonry designed to be liquidtight and to withstand a full 
hydrostatic head. Earthen walls 3 feet (0.912 m) or more in height shall 
have a flat section at the top not less than 2 feet (0.608 m) wide. The 
slope of an earthen wall shall be consistent with the angle of repose of 
the material of which the wall is constructed.

[[Page 188]]

    (4) The walls of the diked area shall be restricted to an average 
height of 6 feet (1.824 m) above interior grade.
    (5) [Reserved]
    (6) No loose combustible material, empty or full drum or barrel, 
shall be permitted within the diked area.
    (viii) Tank openings other than vents for aboveground tanks.
    (A)-(C) [Reserved]
    (D) Openings for gaging shall be provided with a vaportight cap or 
cover.
    (E) For Category 2 flammable liquids or Category 3 flammable liquids 
with a flashpoint below 100 [deg]F (37.8 [deg]C), other than crude oils, 
gasolines, and asphalts, the fill pipe shall be so designed and 
installed as to minimize the possibility of generating static 
electricity. A fill pipe entering the top of a tank shall terminate 
within 6 inches (15.24 cm) of the bottom of the tank and shall be 
installed to avoid excessive vibration.
    (F) Filling and emptying connections which are made and broken shall 
be located outside of buildings at a location free from any source of 
ignition and not less than 5 feet (1.52 m) away from any building 
opening. Such connection shall be closed and liquidtight when not in 
use. The connection shall be properly identified.
    (3) Installation of underground tanks--(i) Location. Evacuation for 
underground storage tanks shall be made with due care to avoid 
undermining of foundations of existing structures. Underground tanks or 
tanks under buildings shall be so located with respect to existing 
building foundations and supports that the loads carried by the latter 
cannot be transmitted to the tank. The distance from any part of a tank 
storing Category 1 or 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), to the nearest 
wall of any basement or pit shall be not less than 1 foot (0.304 m), and 
to any property line that may be built upon, not less than 3 feet (0.912 
m). The distance from any part of a tank storing Category 3 flammable 
liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C) or 
Category 4 flammable liquids to the nearest wall of any basement, pit or 
property line shall be not less than 1 foot (0.304 m).
    (ii) Depth and cover. Underground tanks shall be set on firm 
foundations and surrounded with at least 6 inches (15.24 cm) of 
noncorrosive, inert materials such as clean sand, earth, or gravel well 
tamped in place. The tank shall be placed in the hole with care since 
dropping or rolling the tank into the hole can break a weld, puncture or 
damage the tank, or scrape off the protective coating of coated tanks. 
Tanks shall be covered with a minimum of 2 feet (0.608 m) of earth, or 
shall be covered with not less than 1 foot (0.304 m) of earth, on top of 
which shall be placed a slab of reinforced concrete not less than 4 
inches (10.16 cm) thick. When underground tanks are, or are likely to 
be, subject to traffic, they shall be protected against damage from 
vehicles passing over them by at least 3 feet (0.912 m) of earth cover, 
or 18 inches (45.72 cm) of well-tamped earth, plus 6 inches (15.24 cm) 
of reinforced concrete or 8 inches (20.32 cm) of asphaltic concrete. 
When asphaltic or reinforced concrete paving is used as part of the 
protection, it shall extend at least 1 foot (0.304 m) horizontally 
beyond the outline of the tank in all directions.
    (iii) Corrosion protection. Corrosion protection for the tank and 
its piping shall be provided by one or more of the following methods:
    (A) Use of protective coatings or wrappings;
    (B) Cathodic protection; or,
    (C) Corrosion resistant materials of construction.
    (iv) Vents. (A) Location and arrangement of vents for Category 1 or 
2 flammable liquids, or Category 3 flammable liquids with a flashpoint 
below 100 [deg]F (37.8 [deg]C). Vent pipes from tanks storing Category 1 
or 2 flammable liquids, or Category 3 flammable liquids with a 
flashpoint below 100 [deg]F (37.8 [deg]C), shall be so located that the 
discharge point is outside of buildings, higher than the fill pipe 
opening, and not less than 12 feet (3.658 m) above the adjacent ground 
level. Vent pipes shall discharge only upward in order to disperse 
vapors. Vent pipes 2 inches (5.08 cm) or less in nominal inside diameter 
shall not be obstructed by devices that will cause excessive back 
pressure. Vent pipe outlets shall be so located that

[[Page 189]]

flammable vapors will not enter building openings, or be trapped under 
eaves or other obstructions. If the vent pipe is less than 10 feet (3.04 
m) in length, or greater than 2 inches (5.08 cm) in nominal inside 
diameter, the outlet shall be provided with a vacuum and pressure relief 
device or there shall be an approved flame arrester located in the vent 
line at the outlet or within the approved distance from the outlet.
    (B) Size of vents. Each tank shall be vented through piping adequate 
in size to prevent blow-back of vapor or liquid at the fill opening 
while the tank is being filled. Vent pipes shall be not less than 1\1/4\ 
inch (3.175 cm) nominal inside diameter.

                                         Table F-11--Vent Line Diameters
----------------------------------------------------------------------------------------------------------------
                                                                             Pipe length \1\
                  Maximum flow GPM (L)                  --------------------------------------------------------
                                                          50 feet (15.2 m)  100 feet (30.4 m)  200 feet (60.8 m)
----------------------------------------------------------------------------------------------------------------
                                                               Inches (cm)        Inches (cm)        Inches (cm)
 
100 (378.5)............................................     1\1/4\ (3.175)     1\1/4\ (3.175)     1\1/4\ (3.175)
200 (757)..............................................     1\1/4\ (3.175)     1\1/4\ (3.175)     1\1/4\ (3.175)
300 (1,135.5)..........................................     1\1/4\ (3.175)     1\1/4\ (3.175)      1\1/2\ (3.81)
400 (1,514)............................................     1\1/4\ (3.175)      1\1/2\ (3.81)           2 (5.08)
500 (1,892.5)..........................................      1\1/2\ (3.81)      1\1/2\ (3.81)           2 (5.08)
600 (2,271)............................................      1\1/2\ (3.81)           2 (5.08)           2 (5.08)
700 (2,649.5)..........................................           2 (5.08)           2 (5.08)           2 (5.08)
800 (3,028)............................................           2 (5.08)           2 (5.08)           3 (7.62)
900 (3,406.5)..........................................           2 (5.08)           2 (5.08)           3 (7.62)
1,000 (3,785)..........................................           2 (5.08)           2 (5.08)          3 (7.62)
----------------------------------------------------------------------------------------------------------------
\1\ Vent lines of 50 ft. (15.2 m), 100 ft. (30.4 m), and 200 ft. (60.8 m) of pipe plus 7 ells.

    (C) Location and arrangement of vents for Category 3 flammable 
liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C) or 
Category 4 flammable liquids. Vent pipes from tanks storing Category 3 
flammable liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C) 
or Category 4 flammable liquids shall terminate outside of the building 
and higher than the fill pipe opening. Vent outlets shall be above 
normal snow level. They may be fitted with return bends, coarse screens 
or other devices to minimize ingress of foreign material.
    (D) Vent piping shall be constructed in accordance with paragraph 
(3)(iv)(C) of this section. Vent pipes shall be so laid as to drain 
toward the tank without sags or traps in which liquid can collect. They 
shall be located so that they will not be subjected to physical damage. 
The tank end of the vent pipe shall enter the tank through the top.
    (E) When tank vent piping is manifolded, pipe sizes shall be such as 
to discharge, within the pressure limitations of the system, the vapors 
they may be required to handle when manifolded tanks are filled 
simultaneously.
    (v) Tank openings other than vents. (A) Connections for all tank 
openings shall be vapor or liquid tight.
    (B) Openings for manual gaging, if independent of the fill pipe, 
shall be provided with a liquid-tight cap or cover. If inside a 
building, each such opening shall be protected against liquid overflow 
and possible vapor release by means of a spring loaded check valve or 
other approved device.
    (C) Fill and discharge lines shall enter tanks only through the top. 
Fill lines shall be sloped toward the tank.
    (D) For Category 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), other than 
crude oils, gasolines, and asphalts, the fill pipe shall be so designed 
and installed as to minimize the possibility of generating static 
electricity by terminating within 6 inches (15.24 cm) of the bottom of 
the tank.
    (E) Filling and emptying connections which are made and broken shall 
be located outside of buildings at a location free from any source of 
ignition and not less than 5 feet (1.52 m) away from any building 
opening. Such connection shall be closed and liquidtight when not in 
use. The connection shall be properly identified.

[[Page 190]]

    (4) Installation of tanks inside of buildings--(i) Location. Tanks 
shall not be permitted inside of buildings except as provided in 
paragraphs (e), (g), (h), or (i) of this section.
    (ii) Vents. Vents for tanks inside of buildings shall be as provided 
in paragraphs (i)(2) (iv), (v), (vi)(B), and (3)(iv) of this section, 
except that emergency venting by the use of weak roof seams on tanks 
shall not be permitted. Vents shall discharge vapors outside the 
buildings.
    (iii) Vent piping. Vent piping shall be constructed in accordance 
with paragraph (c) of this section.
    (iv) Tank openings other than vents. (A) Connections for all tank 
openings shall be vapor or liquidtight. Vents are covered in paragraph 
(i)(4)(ii) of this section.
    (B) Each connection to a tank inside of buildings through which 
liquid can normally flow shall be provided with an internal or an 
external valve located as close as practical to the shell of the tank. 
Such valves, when external, and their connections to the tank shall be 
of steel except when the chemical characteristics of the liquid stored 
are incompatible with steel. When materials other than steel are 
necessary, they shall be suitable for the pressures, structural 
stresses, and temperatures involved, including fire exposures.
    (C) Flammable liquid tanks located inside of buildings, except in 
one-story buildings designed and protected for flammable liquid storage, 
shall be provided with an automatic-closing heat-actuated valve on each 
withdrawal connection below the liquid level, except for connections 
used for emergency disposal, to prevent continued flow in the event of 
fire in the vicinity of the tank. This function may be incorporated in 
the valve required in paragraph (i)(4)(iv)(B) of this section, and if a 
separate valve, shall be located adjacent to the valve required in 
paragraph (i)(4)(iv)(B) of this section.
    (D) Openings for manual gaging, if independent of the fill pipe (see 
paragraph (i)(4)(iv)(F) of this section), shall be provided with a 
vaportight cap or cover. Each such opening shall be protected against 
liquid overflow and possible vapor release by means of a spring loaded 
check valve or other approved device.
    (E) For Category 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), other than 
crude oils, gasolines, and asphalts, the fill pipe shall be so designed 
and installed as to minimize the possibility of generating static 
electricity by terminating within 6 inches (15.24 cm) of the bottom of 
the tank.
    (F) The fill pipe inside of the tank shall be installed to avoid 
excessive vibration of the pipe.
    (G) The inlet of the fill pipe shall be located outside of buildings 
at a location free from any source of ignition and not less than 5 feet 
(1.52 m) away from any building opening. The inlet of the fill pipe 
shall be closed and liquidtight when not in use. The fill connection 
shall be properly identified.
    (H) Tanks inside buildings shall be equipped with a device, or other 
means shall be provided, to prevent overflow into the building.
    (5) Supports, foundations, and anchorage for all tank locations--(i) 
General. Tank supports shall be installed on firm foundations. Tank 
supports shall be of concrete, masonry, or protected steel. Single wood 
timber supports (not cribbing) laid horizontally may be used for outside 
aboveground tanks if not more than 12 inches (30.48 cm) high at their 
lowest point.
    (ii) Fire resistance. Steel supports or exposed piling shall be 
protected by materials having a fire resistance rating of not less than 
2 hours, except that steel saddles need not be protected if less than 12 
inches (30.48 cm) high at their lowest point. Water spray protection or 
its equivalent may be used in lieu of fire-resistive materials to 
protect supports.
    (iii) Spheres. The design of the supporting structure for tanks such 
as spheres shall receive special engineering consideration.
    (iv) Load distribution. Every tank shall be so supported as to 
prevent the excessive concentration of loads on the supporting portion 
of the shell.
    (v) Foundations. Tanks shall rest on the ground or on foundations 
made of concrete, masonry, piling, or steel. Tank foundations shall be 
designed to

[[Page 191]]

minimize the possibility of uneven settling of the tank and to minimize 
corrosion in any part of the tank resting on the foundation.
    (vi) Flood areas. Where a tank is located in an area that may be 
subjected to flooding, the applicable precautions outlined in this 
subdivision shall be observed.
    (A) No aboveground vertical storage tank containing a flammable 
liquid shall be located so that the allowable liquid level within the 
tank is below the established maximum flood stage, unless the tank is 
provided with a guiding structure such as described in paragraphs 
(i)(5)(vi) (M), (N), and (O) of this section.
    (B) Independent water supply facilities shall be provided at 
locations where there is no ample and dependable public water supply 
available for loading partially empty tanks with water.
    (C) In addition to the preceding requirements, each tank so located 
that more than 70 percent, but less than 100 percent, of its allowable 
liquid storage capacity will be submerged at the established maximum 
flood stage, shall be safeguarded by one of the following methods: Tank 
shall be raised, or its height shall be increased, until its top extends 
above the maximum flood stage a distance equivalent to 30 percent or 
more of its allowable liquid storage capacity: Provided, however, That 
the submerged part of the tank shall not exceed two and one-half times 
the diameter. Or, as an alternative to the foregoing, adequate 
noncombustible structural guides, designed to permit the tank to float 
vertically without loss of product, shall be provided.
    (D) Each horizontal tank so located that more than 70 percent of its 
storage capacity will be submerged at the established flood stage, shall 
be anchored, attached to a foundation of concrete or of steel and 
concrete, of sufficient weight to provide adequate load for the tank 
when filled with flammable liquid and submerged by flood waters to the 
established flood stage, or adequately secured by other means.
    (E) [Reserved]
    (F) At locations where there is no ample and dependable water 
supply, or where filling of underground tanks with liquids is 
impracticable because of the character of their contents, their use, or 
for other reasons, each tank shall be safeguarded against movement when 
empty and submerged by high ground water or flood waters by anchoring, 
weighting with concrete or other approved solid loading material, or 
securing by other means. Each such tank shall be so constructed and 
installed that it will safely resist external pressures due to high 
ground water or flood waters.
    (G) At locations where there is an ample and dependable water supply 
available, underground tanks containing flammable liquids, so installed 
that more than 70 percent of their storage capacity will be submerged at 
the maximum flood stage, shall be so anchored, weighted, or secured by 
other means, as to prevent movement of such tanks when filled with 
flammable liquids, and submerged by flood waters to the established 
flood stage.
    (H) Pipe connections below the allowable liquid level in a tank 
shall be provided with valves or cocks located as closely as practicable 
to the tank shell. Such valves and their connections to tanks shall be 
of steel or other material suitable for use with the liquid being 
stored. Cast iron shall not be permitted.
    (I) At locations where an independent water supply is required, it 
shall be entirely independent of public power and water supply. 
Independent source of water shall be available when flood waters reach a 
level not less than 10 feet (3.04 m) below the bottom of the lowest tank 
on a property.
    (J) The self-contained power and pumping unit shall be so located or 
so designed that pumping into tanks may be carried on continuously 
throughout the rise in flood waters from a level 10 feet (3.04 m) below 
the lowest tank to the level of the potential flood stage.
    (K) Capacity of the pumping unit shall be such that the rate of rise 
of water in all tanks shall be equivalent to the established potential 
average rate of rise of flood waters at any stage.
    (L) Each independent pumping unit shall be tested periodically to 
insure that it is in satisfactory operating condition.

[[Page 192]]

    (M) Structural guides for holding floating tanks above their 
foundations shall be so designed that there will be no resistance to the 
free rise of a tank, and shall be constructed of noncombustible 
material.
    (N) The strength of the structure shall be adequate to resist 
lateral movement of a tank subject to a horizontal force in any 
direction equivalent to not less than 25 pounds per square foot (1.05 kg 
m\2\) acting on the projected vertical cross-sectional area of the tank.
    (O) Where tanks are situated on exposed points or bends in a 
shoreline where swift currents in flood waters will be present, the 
structures shall be designed to withstand a unit force of not less than 
50 pounds per square foot (2.1 kg m\2\).
    (P) The filling of a tank to be protected by water loading shall be 
started as soon as flood waters reach a dangerous flood stage. The rate 
of filling shall be at least equal to the rate of rise of the 
floodwaters (or the established average potential rate of rise).
    (Q) Sufficient fuel to operate the water pumps shall be available at 
all times to insure adequate power to fill all tankage with water.
    (R) All valves on connecting pipelines shall be closed and locked in 
closed position when water loading has been completed.
    (S) Where structural guides are provided for the protection of 
floating tanks, all rigid connections between tanks and pipelines shall 
be disconnected and blanked off or blinded before the floodwaters reach 
the bottom of the tank, unless control valves and their connections to 
the tank are of a type designed to prevent breakage between the valve 
and the tank shell.
    (T) All valves attached to tanks other than those used in connection 
with water loading operations shall be closed and locked.
    (U) If a tank is equipped with a swing line, the swing pipe shall be 
raised to and secured at its highest position.
    (V) Inspections. The Assistant Secretary or his designated 
representative shall make periodic inspections of all plants where the 
storage of flammable liquids is such as to require compliance with the 
foregoing requirements, in order to assure the following:
    (1) That all flammable liquid storage tanks are in compliance with 
these requirements and so maintained.
    (2) That detailed printed instructions of what to do in flood 
emergencies are properly posted.
    (3) That station operators and other employees depended upon to 
carry out such instructions are thoroughly informed as to the location 
and operation of such valves and other equipment necessary to effect 
these requirements.
    (vii) Earthquake areas. In areas subject to earthquakes, the tank 
supports and connections shall be designed to resist damage as a result 
of such shocks.
    (6) Sources of ignition. In locations where flammable vapors may be 
present, precautions shall be taken to prevent ignition by eliminating 
or controlling sources of ignition. Sources of ignition may include open 
flames, lightning, smoking, cutting and welding, hot surfaces, 
frictional heat, sparks (static, electrical, and mechanical), 
spontaneous ignition, chemical and physical-chemical reactions, and 
radiant heat.
    (7) Testing--(i) General. All tanks, whether shop built or field 
erected, shall be strength tested before they are placed in service in 
accordance with the applicable paragraphs of the code under which they 
were built. The American Society of Mechanical Engineers (ASME) code 
stamp, American Petroleum Institute (API) monogram, or the label of the 
Underwriters' Laboratories, Inc., on a tank shall be evidence of 
compliance with this strength test. Tanks not marked in accordance with 
the above codes shall be strength tested before they are placed in 
service in accordance with good engineering principles and reference 
shall be made to the sections on testing in the codes listed in 
paragraphs (i)(1) (iii)(A), (iv)(B), or (v)(B) of this section.
    (ii) Strength. When the vertical length of the fill and vent pipes 
is such that when filled with liquid the static head imposed upon the 
bottom of the tank exceeds 10 pounds per square inch (68.94 kPa), the 
tank and related piping shall be tested hydrostatically to a

[[Page 193]]

pressure equal to the static head thus imposed.
    (iii) Tightness. In addition to the strength test called for in 
paragraphs (i)(7) (i) and (ii) of this section, all tanks and 
connections shall be tested for tightness. Except for underground tanks, 
this tightness test shall be made at operating pressure with air, inert 
gas, or water prior to placing the tank in service. In the case of 
field-erected tanks the strength test may be considered to be the test 
for tank tightness. Underground tanks and piping, before being covered, 
enclosed, or placed in use, shall be tested for tightness 
hydrostatically, or with air pressure at not less than 3 pounds per 
square inch (20.68 kPa) and not more than 5 pounds per square inch 
(34.47 kPa).
    (iv) Repairs. All leaks or deformations shall be corrected in an 
acceptable manner before the tank is placed in service. Mechanical 
caulking is not permitted for correcting leaks in welded tanks except 
pinhole leaks in the roof.
    (v) Derated operations. Tanks to be operated at pressures below 
their design pressure may be tested by the applicable provisions of 
paragraphs (i)(7) (i) or (ii) of this section, based upon the pressure 
developed under full emergency venting of the tank.
    (j) Piping, valves, and fittings--(1) General--(i) Design. The 
design (including selection of materials) fabrication, assembly, test, 
and inspection of piping systems containing flammable liquids shall be 
suitable for the expected working pressures and structural stresses. 
Conformity with the applicable provisions of Pressure Piping, ANSI B31 
series and the provisions of this paragraph, shall be considered prima 
facie evidence of compliance with the foregoing provisions.
    (ii) Exceptions. This paragraph does not apply to any of the 
following:
    (A) Tubing or casing on any oil or gas wells and any piping 
connected directly thereto.
    (B) Motor vehicle, aircraft, boat, or portable or stationary 
engines.
    (C) Piping within the scope of any applicable boiler and pressures 
vessel code.
    (iii) Definitions. As used in this paragraph, piping systems consist 
of pipe, tubing, flanges, bolting, gaskets, valves, fittings, the 
pressure containing parts of other components such as expansion joints 
and strainers, and devices which serve such purposes as mixing, 
separating, snubbing, distributing, metering, or controlling flow.
    (2) Materials for piping, valves, and fittings--(i) Required 
materials. Materials for piping, valves, or fittings shall be steel, 
nodular iron, or malleable iron, except as provided in paragraphs (j)(2) 
(ii), (iii) and (iv) of this section.
    (ii) Exceptions. Materials other than steel, nodular iron, or 
malleable iron may be used underground, or if required by the properties 
of the flammable liquid handled. Material other than steel, nodular 
iron, or malleable iron shall be designed to specifications embodying 
principles recognized as good engineering practices for the material 
used.
    (iii) Linings. Piping, valves, and fittings may have combustible or 
noncombustible linings.
    (iv) Low-melting materials. When low-melting point materials such as 
aluminum and brass or materials that soften on fire exposure such as 
plastics, or non-ductile materials such as cast iron, are necessary, 
special consideration shall be given to their behavior on fire exposure. 
If such materials are used in above ground piping systems or inside 
buildings, they shall be suitably protected against fire exposure or so 
located that any spill resulting from the failure of these materials 
could not unduly expose persons, important buildings or structures or 
can be readily controlled by remote valves.
    (3) Pipe joints. Joints shall be made liquid tight. Welded or 
screwed joints or approved connectors shall be used. Threaded joints and 
connections shall be made up tight with a suitable lubricant or piping 
compound. Pipe joints dependent upon the friction characteristics of 
combustible materials for mechanical continuity of piping shall not be 
used inside buildings. They may be used outside of buildings above or 
below ground. If used above ground, the piping shall either be secured 
to prevent disengagement at the fitting or the piping system shall be so 
designed that any spill resulting from such disengagement could not 
unduly expose

[[Page 194]]

persons, important buildings or structures, and could be readily 
controlled by remote valves.
    (4) Supports. Piping systems shall be substantially supported and 
protected against physical damage and excessive stresses arising from 
settlement, vibration, expansion, or contraction.
    (5) Protection against corrosion. All piping for flammable liquids, 
both aboveground and underground, where subject to external corrosion, 
shall be painted or otherwise protected.
    (6) Valves. Piping systems shall contain a sufficient number of 
valves to operate the system properly and to protect the plant. Piping 
systems in connection with pumps shall contain a sufficient number of 
valves to control properly the flow of liquid in normal operation and in 
the event of physical damage. Each connection to pipelines, by which 
equipments such as tankcars or tank vehicles discharge liquids by means 
of pumps into storage tanks, shall be provided with a check valve for 
automatic protection against backflow if the piping arrangement is such 
that backflow from the system is possible.
    (7) Testing. All piping before being covered, enclosed, or placed in 
use shall be hydrostatically tested to 150 percent of the maximum 
anticipated pressure of the system, or pneumatically tested to 110 
percent of the maximum anticipated pressure of the system, but not less 
than 5 pounds per square inch gage at the highest point of the system. 
This test shall be maintained for a sufficient time to complete visual 
inspection of all joints and connections, but for at least 10 minutes.
    (k) Marine service stations--(1) Dispensing. (i) The dispensing area 
shall be located away from other structures so as to provide room for 
safe ingress and egress of craft to be fueled. Dispensing units shall in 
all cases be at least 20 feet (6.08 m) from any activity involving fixed 
sources of ignition.
    (ii) Dispensing shall be by approved dispensing units with or 
without integral pumps and may be located on open piers, wharves, or 
floating docks or on shore or on piers of the solid fill type.
    (iii) Dispensing nozzles shall be automatic-closing without a hold-
open latch.
    (2) Tanks and pumps. (i) Tanks, and pumps not integral with the 
dispensing unit, shall be on shore or on a pier of the solid fill type, 
except as provided in paragraphs (k)(2) (ii) and (iii) of this section.
    (ii) Where shore location would require excessively long supply 
lines to dispensers, tanks may be installed on a pier provided that 
applicable portions of paragraph (b) of this section relative to 
spacing, diking, and piping are complied with and the quantity so stored 
does not exceed 1,100 gallons (4,163.5 L) aggregate capacity.
    (iii) Shore tanks supplying marine service stations may be located 
above ground, where rock ledges or high water table make underground 
tanks impractical.
    (iv) Where tanks are at an elevation which would produce gravity 
head on the dispensing unit, the tank outlet shall be equipped with a 
pressure control valve positioned adjacent to and outside the tank block 
valve specified in Sec.  1926.152(c)(8) of this section, so adjusted 
that liquid cannot flow by gravity from the tank in case of piping or 
hose failure.
    (3) Piping. (i) Piping between shore tanks and dispensing units 
shall be as described in paragraph (k)(2)(iii) of this section, except 
that, where dispensing is from a floating structure, suitable lengths of 
oil-resistant flexible hose may be employed between the shore piping and 
the piping on the floating structure as made necessary by change in 
water level or shoreline.

[[Page 195]]

[GRAPHIC] [TIFF OMITTED] TR26MR12.128


[[Page 196]]


[GRAPHIC] [TIFF OMITTED] TR26MR12.129

    (ii) A readily accessible valve to shut off the supply from shore 
shall be provided in each pipeline at or near the approach to the pier 
and at the shore end of each pipeline adjacent to the point where 
flexible hose is attached.
    (iii) Piping shall be located so as to be protected from physical 
damage.
    (iv) Piping handling Category 1 or 2 flammable liquids, or Category 
3 flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), 
shall be grounded to control stray currents.
    (4) Definition; as used in this section: Marine service station 
shall mean that portion of a property where flammable liquids used as 
fuels are stored and dispensed from fixed equipment on shore, piers, 
wharves, or floating docks into the fuel tanks of self-propelled craft, 
and shall include all facilities used in connection therewith.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 51 
FR 25318, July 11, 1986; 58 FR 35162, June 30, 1993; 63 FR 33469, June 
18, 1998; 77 FR 17891, Mar. 26, 2012]



Sec.  1926.153  Liquefied petroleum gas (LP-Gas).

    (a) Approval of equipment and systems. (1) Each system shall have 
containers, valves, connectors, manifold valve assemblies, and 
regulators of an approved type.
    (2) All cylinders shall meet the Department of Transportation 
specification identification requirements published in 49 CFR part 178, 
Shipping Container Specifications.
    (3) Definition. As used in this section, Containers--All vessels, 
such as tanks, cylinders, or drums, used for transportation or storing 
liquefied petroleum gases.
    (b) Welding on LP-Gas containers. Welding is prohibited on 
containers.
    (c) Container valves and container accessories. (1) Valves, 
fittings, and accessories connected directly to the container, including 
primary shut off valves, shall have a rated working pressure of at least 
250 p.s.i.g. and shall be of material and design suitable for LP-Gas 
service.

[[Page 197]]

    (2) Connections to containers, except safety relief connections, 
liquid level gauging devices, and plugged openings, shall have shutoff 
valves located as close to the container as practicable.
    (d) Safety devices. (1) Every container and every vaporizer shall be 
provided with one or more approved safety relief valves or devices. 
These valves shall be arranged to afford free vent to the outer air with 
discharge not less than 5 feet horizontally away from any opening into a 
building which is below such discharge.
    (2) Shutoff valves shall not be installed between the safety relief 
device and the container, or the equipment or piping to which the safety 
relief device is connected, except that a shutoff valve may be used 
where the arrangement of this valve is such that full required capacity 
flow through the safety relief device is always afforded.
    (3) Container safety relief devices and regulator relief vents shall 
be located not less than 5 feet in any direction from air openings into 
sealed combustion system appliances or mechanical ventilation air 
intakes.
    (e) Dispensing. (1) Filling of fuel containers for trucks or motor 
vehicles from bulk storage containers shall be performed not less than 
10 feet from the nearest masonry-walled building, or not less than 25 
feet from the nearest building or other construction and, in any event, 
not less than 25 feet from any building opening.
    (2) Filling of portable containers or containers mounted on skids 
from storage containers shall be performed not less than 50 feet from 
the nearest building.
    (f) Requirements for appliances. (1) LP-Gas consuming appliances 
shall be approved types.
    (2) Any appliance that was originally manufactured for operation 
with a gaseous fuel other than LP-Gas, and is in good condition, may be 
used with LP-Gas only after it is properly converted, adapted, and 
tested for performance with LP-Gas before the appliance is placed in 
use.
    (g) Containers and regulating equipment installed outside of 
buildings or structures. Containers shall be upright upon firm 
foundations or otherwise firmly secured. The possible effect on the 
outlet piping of settling shall be guarded against by a flexible 
connection or special fitting.
    (h) Containers and equipment used inside of buildings or structures. 
(1) When operational requirements make portable use of containers 
necessary, and their location outside of buildings or structures is 
impracticable, containers and equipment shall be permitted to be used 
inside of buildings or structures in accordance with paragraphs (h)(2) 
through (11) of this section.
    (2) Containers in use means connected for use.
    (3) Systems utilizing containers having a water capacity greater 
than 2\1/2\ pounds (nominal 1 pound LP-Gas capacity) shall be equipped 
with excess flow valves. Such excess flow valves shall be either 
integral with the container valves or in the connections to the 
container valve outlets.
    (4) Regulators shall be either directly connected to the container 
valves or to manifolds connected to the container valves. The regulator 
shall be suitable for use with LP-Gas. Manifolds and fittings connecting 
containers to pressure regulator inlets shall be designed for at least 
250 p.s.i.g. service pressure.
    (5) Valves on containers having water capacity greater than 50 
pounds (nominal 20 pounds LP-Gas capacity) shall be protected from 
damage while in use or storage.
    (6) Aluminum piping or tubing shall not be used.
    (7) Hose shall be designed for a working pressure of at least 250 
p.s.i.g. Design, construction, and performance of hose, and hose 
connections shall have their suitability determined by listing by a 
nationally recognized testing agency. The hose length shall be as short 
as practicable. Hoses shall be long enough to permit compliance with 
spacing provisions of paragraphs (h)(1) through (13) of this section, 
without kinking or straining, or causing hose to be so close to a burner 
as to be damaged by heat.
    (8) Portable heaters, including salamanders, shall be equipped with 
an approved automatic device to shut off the flow of gas to the main 
burner, and pilot if used, in the event of flame failure. Such heaters, 
having inputs above 50,000 B.t.u. per hour, shall be equipped

[[Page 198]]

with either a pilot, which must be lighted and proved before the main 
burner can be turned on, or an electrical ignition system.

    Note: The provisions of this subparagraph do not apply to portable 
heaters under 7,500 B.t.u. per hour input when used with containers 
having a maximum water capacity of 2\1/2\ pounds.

    (9) Container valves, connectors, regulators, manifolds, piping, and 
tubing shall not be used as structural supports for heaters.
    (10) Containers, regulating equipment, manifolds, pipe, tubing, and 
hose shall be located to minimize exposure to high temperatures or 
physical damage.
    (11) Containers having a water capacity greater than 2\1/2\ pounds 
(nominal 1 pound LP-Gas capacity) connected for use shall stand on a 
firm and substantially level surface and, when necessary, shall be 
secured in an upright position.
    (12) The maximum water capacity of individual containers shall be 
245 pounds (nominal 100 pounds LP-Gas capacity).
    (13) For temporary heating, heaters (other than integral heater-
container units) shall be located at least 6 feet from any LP-Gas 
container. This shall not prohibit the use of heaters specifically 
designed for attachment to the container or to a supporting standard, 
provided they are designed and installed so as to prevent direct or 
radiant heat application from the heater onto the containers. Blower and 
radiant type heaters shall not be directed toward any LP-Gas container 
within 20 feet.
    (14) If two or more heater-container units, of either the integral 
or nonintegral type, are located in an unpartitioned area on the same 
floor, the container or containers of each unit shall be separated from 
the container or containers of any other unit by at least 20 feet.
    (15) When heaters are connected to containers for use in an 
unpartitioned area on the same floor, the total water capacity of 
containers, manifolded together for connection to a heater or heaters, 
shall not be greater than 735 pounds (nominal 300 pounds LP-Gas 
capacity). Such manifolds shall be separated by at least 20 feet.
    (16) Storage of containers awaiting use shall be in accordance with 
paragraphs (j) and (k) of this section.
    (i) Multiple container systems. (1) Valves in the assembly of 
multiple container systems shall be arranged so that replacement of 
containers can be made without shutting off the flow of gas in the 
system. This provision is not to be construed as requiring an automatic 
changeover device.
    (2) Heaters shall be equipped with an approved regulator in the 
supply line between the fuel cylinder and the heater unit. Cylinder 
connectors shall be provided with an excess flow valve to minimize the 
flow of gas in the event the fuel line becomes ruptured.
    (3) Regulators and low-pressure relief devices shall be rigidly 
attached to the cylinder valves, clyinders, supporting standards, the 
building walls, or otherwise rigidly secured, and shall be so installed 
or protected from the elements.
    (j) Storage of LPG containers. Storage of LPG within buildings is 
prohibited.
    (k) Storage outside of buildings. (1) Storage outside of buildings, 
for containers awaiting use, shall be located from the nearest building 
or group of buildings, in accordance with the following:

                                Table F-3
------------------------------------------------------------------------
                                                               Distance
                  Quantity of LP-Gas stored                     (feet)
------------------------------------------------------------------------
500 lbs. or less............................................           0
501 to 6,000 lbs............................................          10
6,001 to 10,000 lbs.........................................          20
Over 10,000 lbs.............................................          25
------------------------------------------------------------------------

    (2) Containers shall be in a suitable ventilated enclosure or 
otherwise protected against tampering.
    (l) Fire protection. Storage locations shall be provided with at 
least one approved portable fire extinguisher having a rating of not 
less than 20-B:C.
    (m) Systems utilizing containers other than DOT containers--(1) 
Application. This paragraph applies specifically to systems utilizing 
storage containers other than those constructed in accordance with DOT 
specifications. Paragraph (b) of this section applies to this paragraph 
unless otherwise noted in paragraph (b) of this section.

[[Page 199]]

    (2) Design pressure and classification of storage containers. 
Storage containers shall be designed and classified in accordance with 
Table F-31.

                               Table F-31
------------------------------------------------------------------------
                                   Minimum design pressure of container,
                                            lb. per sq. in. gage
                                  --------------------------------------
                   For gases with                   1949 edition of ASME
                    vapor press.                    Code (Par. U-200, U-
                   Not to exceed       1949 and       201); 1950, 1952,
 Container type   lb. per sq. in.      earlier        1956, 1959, 1962,
                    gage at 100      editions of       1965, and 1968
                   [deg]F. (37.8   ASME Code (Par.      (Division 1)
                      [deg]C.)       U-68, U-69)      editions of ASME
                                                     Code; All editions
                                                    of API-ASME Code \3\
------------------------------------------------------------------------
     \1\ 80             \1\ 80           \1\ 80               \1\ 100
        100                100              100                   125
        125                125              125                   156
        150                150              150                   187
        175                175              175                   219
    \2\ 200                215              200                   250
------------------------------------------------------------------------
\1\ New storage containers of the 80 type have not been authorized since
  Dec. 31, 1947.
\2\ Container type may be increased by increments of 25. The minimum
  design pressure of containers shall be 100% of the container type
  designation when constructed under 1949 or earlier editions of the
  ASME Code (Par. U-68 and U-69). The minimum design pressure of
  containers shall be 125% of the container type designation when
  constructed under: (1) the 1949 ASME Code (Par. U-200 and U-201), (2)
  1950, 1952, 1956, 1959, 1962, 1965, and 1968 (Division 1) editions of
  the ASME Code, and (3) all editions of the API-ASME Code.
\3\ Construction of containers under the API-ASME Code is not authorized
  after July 1, 1961.

    (3) Containers with foundations attached (portable or semiportable b 
containers with suitable steel ``runners'' or ``skids'' and popularly 
known in the industry as ``skid tanks'') shall be designed, installed, 
and used in accordance with these rules subject to the following 
provisions:
    (i) If they are to be used at a given general location for a 
temporary period not to exceed 6 months they need not have fire-
resisting foundations or saddles but shall have adequate ferrous metal 
supports.
    (ii) They shall not be located with the outside bottom of the 
container shell more than 5 feet (1.52 m) above the surface of the 
ground unless fire-resisting supports are provided.
    (iii) The bottom of the skids shall not be less than 2 inches (5.08 
cm) or more than 12 inches (30.48 cm) below the outside bottom of the 
container shell.
    (iv) Flanges, nozzles, valves, fittings, and the like, having 
communication with the interior of the container, shall be protected 
against physical damage.
    (v) When not permanently located on fire-resisting foundations, 
piping connections shall be sufficiently flexible to minimize the 
possibility of breakage or leakage of connections if the container 
settles, moves, or is otherwise displaced.
    (vi) Skids, or lugs for attachment of skids, shall be secured to the 
container in accordance with the code or rules under which the container 
is designed and built (with a minimum factor of safety of four) to 
withstand loading in any direction equal to four times the weight of the 
container and attachments when filled to the maximum permissible loaded 
weight.
    (4) Field welding where necessary shall be made only on saddle 
plates or brackets which were applied by the manufacturer of the tank.
    (n) When LP-Gas and one or more other gases are stored or used in 
the same area, the containers shall be marked to identify their content. 
Marking shall be in compliance with American National Standard Z48.1-
1954, ``Method of Marking Portable Compressed Gas Containers To Identify 
the Material Contained.''
    (o) Damage from vehicles. When damage to LP-Gas systems from 
vehicular traffic is a possibility, precautions against such damage 
shall be taken.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35170, June 30, 1993]



Sec.  1926.154  Temporary heating devices.

    (a) Ventilation. (1) Fresh air shall be supplied in sufficient 
quantities to maintain the health and safety of workmen. Where natural 
means of fresh air supply is inadequate, mechanical ventilation shall be 
provided.
    (2) When heaters are used in confined spaces, special care shall be 
taken to provide sufficient ventilation in order to ensure proper 
combustion, maintain the health and safety of workmen, and limit 
temperature rise in the area.
    (b) Clearance and mounting. (1) Temporary heating devices shall be 
installed to provide clearance to combustible material not less than the 
amount shown in Table F-4.
    (2) Temporary heating devices, which are listed for installation 
with lesser clearances than specified in Table F-4, may be installed in 
accordance with their approval.

[[Page 200]]



                                Table F-4
------------------------------------------------------------------------
                                            Minimum clearance, (inches)
                                          ------------------------------
            Heating appliances                                  Chimney
                                             Sides     Rear    connector
------------------------------------------------------------------------
Room heater, circulating type............        12        12         18
Room heater, radiant type................        36        36         18
------------------------------------------------------------------------

    (3) Heaters not suitable for use on wood floors shall not be set 
directly upon them or other combustible materials. When such heaters are 
used, they shall rest on suitable heat insulating material or at least 
1-inch concrete, or equivalent. The insulating material shall extend 
beyond the heater 2 feet or more in all directions.
    (4) Heaters used in the vicinity of combustible tarpaulins, canvas, 
or similar coverings shall be located at least 10 feet from the 
coverings. The coverings shall be securely fastened to prevent ignition 
or upsetting of the heater due to wind action on the covering or other 
material.
    (c) Stability. Heaters, when in use, shall be set horizontally 
level, unless otherwise permitted by the manufacturer's markings.
    (d) Solid fuel salamanders. Solid fuel salamanders are prohibited in 
buildings and on scaffolds.
    (e) Oil-fired heaters. (1) Flammable liquid-fired heaters shall be 
equipped with a primary safety control to stop the flow of fuel in the 
event of flame failure. Barometric or gravity oil feed shall not be 
considered a primary safety control.
    (2) Heaters designed for barometric or gravity oil feed shall be 
used only with the integral tanks.
    (3) [Reserved]
    (4) Heaters specifically designed and approved for use with separate 
supply tanks may be directly connected for gravity feed, or an automatic 
pump, from a supply tank.



Sec.  1926.155  Definitions applicable to this subpart.

    (a) Approved, for the purpose of this subpart, means equipment that 
has been listed or approved by a nationally recognized testing 
laboratory such as Factory Mutual Engineering Corp., or Underwriters' 
Laboratories, Inc., or Federal agencies such as Bureau of Mines, or U.S. 
Coast Guard, which issue approvals for such equipment.
    (b) Closed container means a container so sealed by means of a lid 
or other device that neither liquid nor vapor will escape from it at 
ordinary temperatures.
    (c) [Reserved]
    (d) Combustion means any chemical process that involves oxidation 
sufficient to produce light or heat.
    (e) Fire brigade means an organized group of employees that are 
knowledgeable, trained, and skilled in the safe evacuation of employees 
during emergency situations and in assisting in fire fighting 
operations.
    (f) Fire resistance means so resistant to fire that, for specified 
time and under conditions of a standard heat intensity, it will not fail 
structurally and will not permit the side away from the fire to become 
hotter than a specified temperature. For purposes of this part, fire 
resistance shall be determined by the Standard Methods of Fire Tests of 
Building Construction and Materials, NFPA 251-1969.
    (g) Flammable means capable of being easily ignited, burning 
intensely, or having a rapid rate of flame spread.
    (h) Flammable liquid means any liquid having a vapor pressure not 
exceeding 40 pounds per square inch (absolute) at 100 [deg]F (37.8 
[deg]C) and having a flashpoint at or below 199.4 [deg]F (93 [deg]C). 
Flammable liquids are divided into four categories as follows:
    (1) Category 1 shall include liquids having flashpoints below 73.4 
[deg]F (23 [deg]C) and having a boiling point at or below 95 [deg]F (35 
[deg]C).
    (2) Category 2 shall include liquids having flashpoints below 73.4 
[deg]F (23 [deg]C) and having a boiling point above 95 [deg]F (35 
[deg]C).
    (3) Category 3 shall include liquids having flashpoints at or above 
73.4 [deg]F (23 [deg]C) and at or below 140 [deg]F (60 [deg]C).
    (4) Category 4 shall include liquids having flashpoints above 140 
[deg]F (60 [deg]C) and at or below 199.4 [deg]F (93 [deg]C).
    (i) Flash point of the liquid means the temperature at which it 
gives off vapor sufficient to form an ignitable mixture with the air 
near the surface of the liquid or within the vessel used as determined 
by appropriate test procedure and apparatus as specified below.

[[Page 201]]

    (1) The flashpoint of liquids having a viscosity less than 45 
Saybolt Universal Second(s) at 100 [deg]F (37.8 [deg]C) and a flashpoint 
below 175 [deg]F (79.4 [deg]C) shall be determined in accordance with 
the Standard Method of Test for Flash Point by the Tag Closed Tester, 
ASTM D-56-69 (incorporated by reference; See Sec.  1926.6), or an 
equivalent method as defined by Sec.  1910.1200 appendix B.
    (2) The flashpoints of liquids having a viscosity of 45 Saybolt 
Universal Second(s) or more at 175 [deg]F (79.4 [deg]C) or higher shall 
be determined in accordance with the Standard Method of Test for Flash 
Point by the Pensky Martens Closed Tester, ASTM D-93-69 (incorporated by 
reference; See Sec.  1926.6), or an equivalent method as defined by 
Sec.  1910.1200 appendix B.
    (j) Liquefied petroleum gases, LPG and LP Gas mean and include any 
material which is composed predominantly of any of the following 
hydrocarbons, or mixtures of them, such as propane, propylene, butane 
(normal butane or iso-butane), and butylenes.
    (k) Portable tank means a closed container having a liquid capacity 
more than 60 U.S. gallons, and not intended for fixed installation.
    (l) Safety can means an approved closed container, of not more than 
5 gallons capacity, having a flash-arresting screen, spring-closing lid 
and spout cover and so designed that it will safely relieve internal 
pressure when subjected to fire exposure.
    (m) Vapor pressure means the pressure, measured in pounds per square 
inch (absolute), exerted by a volatile liquid as determined by the 
``Standard Method of Test for Vapor Pressure of Petroleum Products (Reid 
Method).'' (ASTM D-323-58).

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 77 
FR 17894, Mar. 26, 2012]



                Subpart G_Signs, Signals, and Barricades

    Authority: 40 U.S.C. 333; 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), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; and 
29 CFR part 1911.



Sec.  1926.200  Accident prevention signs and tags.

    (a) General. Signs and symbols required by this subpart shall be 
visible at all times when work is being performed, and shall be removed 
or covered promptly when the hazards no longer exist.
    (b) Danger signs. (1) Danger signs shall be used only where an 
immediate hazard exists, and shall follow the specifications illustrated 
in Figure 1 of ANSI Z35.1-1968 or in Figures 1 to 13 of ANSI Z535.2-
2011, incorporated by reference in Sec.  1926.6.
    (2) Danger signs shall have red as the predominating color for the 
upper panel; black outline on the borders; and a white lower panel for 
additional sign wording.
    (c) Caution signs. (1) Caution signs shall be used only to warn 
against potential hazards or to caution against unsafe practices, and 
shall follow the specifications illustrated in Figure 4 of ANSI Z35.1-
1968 or in Figures 1 to 13 of ANSI Z535.2-2011, incorporated by 
reference in Sec.  1926.6.
    (2) Caution signs shall have yellow as the predominating color; 
black upper panel and borders: yellow lettering of ``caution'' on the 
black panel; and the lower yellow panel for additional sign wording. 
Black lettering shall be used for additional wording.
[GRAPHIC] [TIFF OMITTED] TC30OC91.013

    (3) The standard color of the background shall be yellow; and the 
panel, black with yellow letters. Any letters used against the yellow 
background shall be black. The colors shall be

[[Page 202]]

those of opaque glossy samples as specified in Table 1 of ANSI Z53.1-
1967 or in Table 1 of ANSI Z535.1-2006(R2011), incorporated by reference 
in Sec.  1926.6.
    (d) Exit signs. Exit signs, when required, shall be lettered in 
legible red letters, not less than 6 inches high, on a white field and 
the principal stroke of the letters shall be at least three-fourths inch 
in width.
    (e) Safety instruction signs. Safety instruction signs, when used, 
shall be white with green upper panel with white letters to convey the 
principal message. Any additional wording on the sign shall be black 
letters on the white background.
    (f) Directional signs. Directional signs, other than automotive 
traffic signs specified in paragraph (g) of this section, shall be white 
with a black panel and a white directional symbol. Any additional 
wording on the sign shall be black letters on the white background.
    (g) Traffic control signs and devices. (1) At points of hazard, 
construction areas shall be posted with legible traffic control signs 
and protected by traffic control devices.
    (2) The design and use of all traffic control devices, including 
signs, signals, markings, barricades, and other devices, for protection 
of construction workers shall conform to Part 6 of the MUTCD 
(incorporated by reference, see Sec.  1926.6).
    (h) Accident prevention tags. (1) Accident prevention tags shall be 
used as a temporary means of warning employees of an existing hazard, 
such as defective tools, equipment, etc. They shall not be used in place 
of, or as a substitute for, accident prevention signs.
    (2) For accident prevention tags, employers shall follow 
specifications that are similar to those in Figures 1 to 4 of ANSI 
Z35.2-1968 or Figures 1 to 8 of ANSI Z535.5-2011, incorporated by 
reference in Sec.  1926.6.
    (i) Additional rules. ANSI Z35.1-1968, ANSI Z535.2-2011, ANSI Z35.2-
1968, and ANSI Z535.5-2011, incorporated by reference in Sec.  1926.6, 
contain rules in addition to those specifically prescribed in this 
subpart. The employer shall comply with ANSI Z35.1-1968 or ANSI Z535.2-
2011, and ANSI Z35.2-1968 or Z535.5-2011, with respect to such 
additional rules.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35173, June 30, 1993; 67 FR 57736, Sept. 12, 2002; 69 FR 18803, Apr. 
9, 2004; 78 FR 35567, June 13, 2013; 78 FR 66642, Nov. 6, 2013; 84 FR 
21577, May 14, 2019]



Sec.  1926.201  Signaling.

    (a) Flaggers. Signaling by flaggers and the use of flaggers, 
including warning garments worn by flaggers, shall conform to Part 6 of 
the MUTCD (incorporated by reference, see Sec.  1926.6).
    (b) Crane and hoist signals. Regulations for crane and hoist 
signaling will be found in applicable American National Standards 
Institute standards.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 67 
FR 57736, Sept. 12, 2002; 78 FR 35567, June 13, 2013; 84 FR 21577, May 
14, 2019]



        Subpart H_Materials Handling, Storage, Use, and Disposal

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and 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), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), 
as applicable. Section 1926.250 also issued under 29 CFR part 1911.



Sec.  1926.250  General requirements for storage.

    (a) General. (1) All materials stored in tiers shall be stacked, 
racked, blocked, interlocked, or otherwise secured to prevent sliding, 
falling or collapse.
    (2)(i) The weight of stored materials on floors within buildings and 
structures shall not exceed maximum safe load limits.
    (ii) Employers shall conspicuously post maximum safe load limits of 
floors within buildings and structures, in pounds per square foot, in 
all storage areas, except when the storage area is on a floor or slab on 
grade. Posting is not required for storage areas in all single-family 
residential structures and wood-framed multi-family residential 
structures.
    (3) Aisles and passageways shall be kept clear to provide for the 
free and safe movement of material handling equipment or employees. Such 
areas shall be kept in good repair.

[[Page 203]]

    (4) When a difference in road or working levels exist, means such as 
ramps, blocking, or grading shall be used to ensure the safe movement of 
vehicles between the two levels.
    (b) Material storage. (1) Material stored inside buildings under 
construction shall not be placed within 6 feet of any hoistway or inside 
floor openings, nor within 10 feet of an exterior wall which does not 
extend above the top of the material stored.
    (2) Each employee required to work on stored material in silos, 
hoppers, tanks, and similar storage areas shall be equipped with 
personal fall arrest equipment meeting the requirements of subpart M of 
this part.
    (3) Noncompatible materials shall be segregated in storage.
    (4) Bagged materials shall be stacked by stepping back the layers 
and cross-keying the bags at least every 10 bags high.
    (5) Materials shall not be stored on scaffolds or runways in excess 
of supplies needed for immediate operations.
    (6) Brick stacks shall not be more than 7 feet in height. When a 
loose brick stack reaches a height of 4 feet, it shall be tapered back 2 
inches in every foot of height above the 4-foot level.
    (7) When masonry blocks are stacked higher than 6 feet, the stack 
shall be tapered back one-half block per tier above the 6-foot level.
    (8) Lumber:
    (i) Used lumber shall have all nails withdrawn before stacking.
    (ii) Lumber shall be stacked on level and solidly supported sills.
    (iii) Lumber shall be so stacked as to be stable and self-
supporting.
    (iv) Lumber piles shall not exceed 20 feet in height provided that 
lumber to be handled manually shall not be stacked more than 16 feet 
high.
    (9) Structural steel, poles, pipe, bar stock, and other cylindrical 
materials, unless racked, shall be stacked and blocked so as to prevent 
spreading or tilting.
    (c) Housekeeping. Storage areas shall be kept free from accumulation 
of materials that constitute hazards from tripping, fire, explosion, or 
pest harborage. Vegetation control will be exercised when necessary.
    (d) Dockboards (bridge plates). (1) Portable and powered dockboards 
shall be strong enough to carry the load imposed on them.
    (2) Portable dockboards shall be secured in position, either by 
being anchored or equipped with devices which will prevent their 
slipping.
    (3) Handholds, or other effective means, shall be provided on 
portable dockboards to permit safe handling.
    (4) Positive protection shall be provided to prevent railroad cars 
from being moved while dockboards or bridge plates are in position.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 49 
FR 18295, Apr. 30, 1984; 54 FR 24334, June 7, 1989; 58 FR 35173, June 
30, 1993; 59 FR 40729, Aug. 9, 1994; 61 FR 5510, Feb. 13, 1996; 84 FR 
21577, May 14, 2019]



Sec.  1926.251  Rigging equipment for material handling.

    (a) General. (1) Rigging equipment for material handling shall be 
inspected prior to use on each shift and as necessary during its use to 
ensure that it is safe. Defective rigging equipment shall be removed 
from service.
    (2) Employers must ensure that rigging equipment:
    (i) Has permanently affixed and legible identification markings as 
prescribed by the manufacturer that indicate the recommended safe 
working load;
    (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, legible identification markings, 
required by paragraph (a)(2)(i) of this section.
    (3) Rigging equipment, when not in use, shall be removed from the 
immediate work area so as not to present a hazard to employees.
    (4) Special custom design grabs, hooks, clamps, or other lifting 
accessories, for such units as modular panels, prefabricated structures 
and similar materials, shall be marked to indicate the safe working 
loads and shall be proof-tested prior to use to 125 percent of their 
rated load.
    (5) Scope. This section applies to slings used in conjunction with 
other material handling equipment for the movement of material by 
hoisting, in

[[Page 204]]

employments covered by this part. The types of slings covered are those 
made from alloy steel chain, wire rope, metal mesh, natural or synthetic 
fiber rope (conventional three strand construction), and synthetic web 
(nylon, polyester, and polypropylene).
    (6) Inspections. Each day before being used, the sling and all 
fastenings and attachments shall be inspected for damage or defects by a 
competent person designated by the employer. Additional inspections 
shall be performed during sling use, where service conditions warrant. 
Damaged or defective slings shall be immediately removed from service.
    (b) Alloy steel chains. (1) Welded alloy steel chain slings shall 
have permanently affixed durable identification stating size, grade, 
rated capacity, and sling manufacturer.
    (2) Hooks, rings, oblong links, pear-shaped links, welded or 
mechanical coupling links, or other attachments, when used with alloy 
steel chains, shall have a rated capacity at least equal to that of the 
chain.
    (3) Job or shop hooks and links, or makeshift fasteners, formed from 
bolts, rods, etc., or other such attachments, shall not be used.
    (4) Employers must not use alloy steel-chain slings with loads in 
excess of the rated capacities (i.e., working load limits) indicated on 
the sling by permanently affixed and legible identification markings 
prescribed by the manufacturer.
    (5) Whenever wear at any point of any chain link exceeds that shown 
in Table H-1, the assembly shall be removed from service.
    (6) Inspections. (i) In addition to the inspection required by other 
paragraphs of this section, a thorough periodic inspection of alloy 
steel chain slings in use shall be made on a regular basis, to be 
determined on the basis of (A) frequency of sling use; (B) severity of 
service conditions; (C) nature of lifts being made; and (D) experience 
gained on the service life of slings used in similar circumstances. Such 
inspections shall in no event be at intervals greater than once every 12 
months.
    (ii) The employer shall make and maintain a record of the most 
recent month in which each alloy steel chain sling was thoroughly 
inspected, and shall make such record available for examination.
    (c) Wire rope. (1) Employers must not use improved plow-steel wire 
rope and wire-rope slings with loads in excess of the rated capacities 
(i.e., working load limits) indicated on the sling by permanently 
affixed and legible identification markings prescribed by the 
manufacturer.
    (2) Protruding ends of strands in splices on slings and bridles 
shall be covered or blunted.
    (3) Wire rope shall not be secured by knots, except on haul back 
lines on scrapers.
    (4) The following limitations shall apply to the use of wire rope:
    (i) An eye splice made in any wire rope shall have not less than 
three full tucks. 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 otherwise prohibited.
    (ii) Except for eye splices in the ends of wires and for endless 
rope slings, each wire rope used in hoisting or lowering, or in pulling 
loads, shall consist of one continuous piece without knot or splice.
    (iii) Eyes in wire rope bridles, slings, or bull wires shall not be 
formed by wire rope clips or knots.
    (iv) Wire rope shall not be used 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.
    (5) When U-bolt wire rope clips are used to form eyes, Table H-2 
shall be used to determine the number and spacing of clips.
    (i) When used for eye splices, the U-bolt shall be applied so that 
the ``U'' section is in contact with the dead end of the rope.
    (i1) [Reserved]
    (6) Slings shall not be shortened with knots or bolts or other 
makeshift devices.
    (7) Sling legs shall not be kinked.
    (8) Slings used in a basket hitch shall have the loads balanced to 
prevent slippage.

[[Page 205]]

    (9) Slings shall be padded or protected from the sharp edges of 
their loads.
    (10) Hands or fingers shall not be placed between the sling and its 
load while the sling is being tightened around the load.
    (11) Shock loading is prohibited.
    (12) A sling shall not be pulled from under a load when the load is 
resting on the sling.
    (13) Minimum sling lengths. (i) Cable laid and 6 x 19 and 6 x 37 
slings shall have a minimum clear length of wire rope 10 times the 
component rope diameter between splices, sleeves or end fittings.
    (ii) Braided slings shall have a minimum clear length of wire rope 
40 times the component rope diameter between the loops or end fittings.
    (iii) Cable laid grommets, strand laid grommets and endless slings 
shall have a minimum circumferential length of 96 times their body 
diameter.
    (14) Safe operating temperatures. Fiber core wire rope slings of all 
grades shall be permanently removed from service if they are exposed to 
temperatures in excess of 200 [deg]F (93.33 [deg]C). When nonfiber core 
wire rope slings of any grade are used at temperatures above 400 [deg]F 
(204.44 [deg]C) or below minus 60 [deg]F (15.55 [deg]C), recommendations 
of the sling manufacturer regarding use at that temperature shall be 
followed.
    (15) End attachments. (i) Welding of end attachments, except covers 
to thimbles, shall be performed prior to the assembly of the sling.
    (ii) All welded end attachments shall not be used unless proof 
tested by the manufacturer or equivalent entity at twice their rated 
capacity prior to initial use. The employer shall retain a certificate 
of the proof test, and make it available for examination.
    (16) Wire rope slings shall have permanently affixed, legible 
identification markings stating size, rated capacity for the type(s) of 
hitch(es) used and the angle upon which it is based, and the number of 
legs if more than one.
    (d) Natural rope, and synthetic fiber. (1) Employers must not use 
natural- and synthetic-fiber rope slings with loads in excess of the 
rated capacities (i.e., working load limits) indicated on the sling by 
permanently affixed and legible identification markings prescribed by 
the manufacturer.
    (2) All splices in rope slings provided by the employer shall be 
made in accordance with fiber rope manufacturers recommendations.
    (i) In manila rope, eye splices shall contain at least three full 
tucks, and short splices shall contain at least six full tucks (three on 
each side of the centerline of the splice).
    (ii) In layed synthetic fiber rope, eye splices shall contain at 
least four full tucks, and short splices shall contain at least eight 
full tucks (four on each side of the centerline of the splice).
    (iii) Strand end tails shall not be trimmed short (flush with the 
surface of the rope) immediately adjacent to the full tucks. This 
precaution applies to both eye and short splices and all types of fiber 
rope. For fiber ropes under 1-inch diameter, the tails shall project at 
least six rope diameters beyond the last full tuck. For fiber ropes 1-
inch diameter and larger, the tails shall project at least 6 inches 
beyond the last full tuck. In applications where the projecting tails 
may be objectionable, the tails shall be tapered and spliced into the 
body of the rope using at least two additional tucks (which will require 
a tail length of approximately six rope diameters beyond the last full 
tuck).
    (iv) For all eye splices, the eye shall be sufficiently large to 
provide an included angle of not greater than 60[deg] at the splice when 
the eye is placed over the load or support.
    (v) Knots shall not be used in lieu of splices.
    (3) Safe operating temperatures. Natural and synthetic fiber rope 
slings, except for wet frozen slings, may be used in a temperature range 
from minus 20 [deg]F (-28.88 [deg]C) to plus 180 [deg]F (82.2 [deg]C) 
without decreasing the working load limit. For operations outside this 
temperature range and for wet frozen slings, the sling manufacturer's 
recommendations shall be followed.
    (4) Splicing. Spliced fiber rope slings shall not be used unless 
they have been spliced in accordance with the following minimum 
requirements and in accordance with any additional recommendations of 
the manufacturer:

[[Page 206]]

    (i) In manila rope, eye splices shall consist of at least three full 
tucks, and short splices shall consist of at least six full tucks, three 
on each side of the splice center line.
    (ii) In synthetic fiber rope, eye splices shall consist of at least 
four full tucks, and short splices shall consist of at least eight full 
tucks, four on each side of the center line.
    (iii) Strand end tails shall not be trimmed flush with the surface 
of the rope immediately adjacent to the full tucks. This applies to all 
types of fiber rope and both eye and short splices. For fiber rope under 
1 inch (2.54 cm) in diameter, the tail shall project at least six rope 
diameters beyond the last full tuck. For fiber rope 1 inch (2.54 cm) in 
diameter and larger, the tail shall project at least 6 inches (15.24 cm) 
beyond the last full tuck. Where a projecting tail interferes with the 
use of the sling, the tail shall be tapered and spliced into the body of 
the rope using at least two additional tucks (which will require a tail 
length of approximately six rope diameters beyond the last full tuck).
    (iv) Fiber rope slings shall have a minimum clear length of rope 
between eye splices equal to 10 times the rope diameter.
    (v) Knots shall not be used in lieu of splices.
    (vi) Clamps not designed specifically for fiber ropes shall not be 
used for splicing.
    (vii) For all eye splices, the eye shall be of such size to provide 
an included angle of not greater than 60 degrees at the splice when the 
eye is placed over the load or support.
    (5) End attachments. Fiber rope slings shall not be used if end 
attachments in contact with the rope have sharp edges or projections.
    (6) Removal from service. Natural and synthetic fiber rope slings 
shall be immediately removed from service if any of the following 
conditions are present:
    (i) Abnormal wear.
    (ii) Powdered fiber between strands.
    (iii) Broken or cut fibers.
    (iv) Variations in the size or roundness of strands.
    (v) Discoloration or rotting.
    (vi) Distortion of hardware in the sling.
    (7) Employers must use natural- and synthetic-fiber rope slings that 
have permanently affixed and legible identification markings that state 
the rated capacity for the type(s) of hitch(es) used and the angle upon 
which it is based, type of fiber material, and the number of legs if 
more than one.
    (e) Synthetic webbing (nylon, polyester, and polypropylene). (1) The 
employer shall have each synthetic web sling marked or coded to show:
    (i) Name or trademark of manufacturer.
    (ii) Rated capacities for the type of hitch.
    (iii) Type of material.
    (2) Rated capacity shall not be exceeded.
    (3) Webbing. Synthetic webbing shall be of uniform thickness and 
width and selvage edges shall not be split from the webbing's width.
    (4) Fittings. Fittings shall be:
    (i) Of a minimum breaking strength equal to that of the sling; and
    (ii) Free of all sharp edges that could in any way damage the 
webbing.
    (5) Attachment of end fittings to webbing and formation of eyes. 
Stitching shall be the only method used to attach end fittings to 
webbing and to form eyes. The thread shall be in an even pattern and 
contain a sufficient number of stitches to develop the full breaking 
strength of the sling.
    (6) Environmental conditions. When synthetic web slings are used, 
the following precautions shall be taken:
    (i) Nylon web slings shall not be used where fumes, vapors, sprays, 
mists or liquids of acids or phenolics are present.
    (ii) Polyester and polypropylene web slings shall not be used where 
fumes, vapors, sprays, mists or liquids of caustics are present.
    (iii) Web slings with aluminum fittings shall not be used where 
fumes, vapors, sprays, mists or liquids of caustics are present.
    (7) Safe operating temperatures. Synthetic web slings of polyester 
and nylon shall not be used at temperatures in excess of 180 [deg]F 
(82.2 [deg]C). Polypropylene web slings shall not be used at 
temperatures in excess of 200 [deg]F (93.33 [deg]C).

[[Page 207]]

    (8) Removal from service. Synthetic web slings shall be immediately 
removed from service if any of the following conditions are present:
    (i) Acid or caustic burns;
    (ii) Melting or charring of any part of the sling surface;
    (iii) Snags, punctures, tears or cuts;
    (iv) Broken or worn stitches; or
    (v) Distortion of fittings.
    (f) Shackles and hooks. (1) Employers must not use shackles with 
loads in excess of the rated capacities (i.e., working load limits) 
indicated on the shackle by permanently affixed and legible 
identification markings prescribed by the manufacturer.
    (2) 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 a record of the dates and results of such 
tests.

         Table H-1--Maximum Allowable Wear at any Point of Link
------------------------------------------------------------------------
                                                                Maximum
                                                               allowable
                     Chain size (inches)                         wear
                                                                (inch)
------------------------------------------------------------------------
\1/4\.......................................................      \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\
------------------------------------------------------------------------


         Table H-2--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)
------------------------------------------------------------------------
\1/2\...................................         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.......................................         5         6           6
1\1/8\..................................         6         6      6\3/4\
1\1/4\..................................         6         7      7\1/2\
1\3/8\..................................         7         7      8\1/4\
1\1/2\..................................         7         8           9
------------------------------------------------------------------------


[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35173, June 30, 1993; 76 FR 33611, June 8, 2011; 77 FR 23118, Apr. 
18, 2012]



Sec.  1926.252  Disposal of waste materials.

    (a) Whenever materials are dropped more than 20 feet to any point 
lying outside the exterior walls of the building, an enclosed chute of 
wood, or equivalent material, shall be used. For the purpose of this 
paragraph, an enclosed chute is a slide, closed in on all sides, through 
which material is moved from a high place to a lower one.
    (b) When debris is dropped through holes in the floor without the 
use of chutes, the area onto which the material is dropped shall be 
completely enclosed with barricades not less than 42 inches high and not 
less than 6 feet back from the projected edge of the opening above. 
Signs warning of the hazard of falling materials shall be posted at each 
level. Removal shall not be permitted in this lower area until debris 
handling ceases above.
    (c) All scrap lumber, waste material, and rubbish shall be removed 
from the immediate work area as the work progresses.
    (d) Disposal of waste material or debris by burning shall comply 
with local fire regulations.
    (e) All solvent waste, oily rags, and flammable liquids shall be 
kept in fire resistant covered containers until removed from worksite.



                     Subpart I_Tools_Hand and Power

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 
FR 9033), or 5-2002 (67 FR 65008), as applicable; and 29 CFR part 1911. 
Section 1926.307 also issued under 5 U.S.C. 553.



Sec.  1926.300  General requirements.

    (a) Condition of tools. All hand and power tools and similar 
equipment, whether furnished by the employer or the employee, shall be 
maintained in a safe condition.
    (b) Guarding. (1) When power operated tools are designed to 
accommodate

[[Page 208]]

guards, they shall be equipped with such guards when in use.
    (2) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly 
wheels, chains, or other reciprocating, rotating or moving parts of 
equipment shall be guarded if such parts are exposed to contact by 
employees or otherwise create a hazard. Guarding shall meet the 
requirements as set forth in American National Standards Institute, 
B15.1-1953 (R1958), Safety Code for Mechanical Power-Transmission 
Apparatus.
    (3) Types of guarding. One or more methods of machine guarding shall 
be provided to protect the operator and other employees in the machine 
area from hazards such as those created by point of operation, ingoing 
nip points, rotating parts, flying chips and sparks. Examples of 
guarding methods are--barrier guards, two-hand tripping devices, 
electronic safety devices, etc.
    (4) Point of operation guarding. (i) Point of operation is the area 
on a machine where work is actually performed upon the material being 
processed.
    (ii) The point of operation of machines whose operation exposes an 
employee to injury, shall be guarded. The guarding device shall be in 
conformity with any appropriate standards therefor, or, in the absence 
of applicable specific standards, shall be so designed and constructed 
as to prevent the operator from having any part of his body in the 
danger zone during the operating cycle.
    (iii) Special handtools for placing and removing material shall be 
such as to permit easy handling of material without the operator placing 
a hand in the danger zone. Such tools shall not be in lieu of other 
guarding required by this section, but can only be used to supplement 
protection provided.
    (iv) The following are some of the machines which usually require 
point of operation guarding:
    (a) Guillotine cutters.
    (b) Shears.
    (c) Alligator shears.
    (d) Power presses.
    (e) Milling machines.
    (f) Power saws.
    (g) Jointers.
    (h) Portable power tools.
    (i) Forming rolls and calenders.
    (5) Exposure of blades. When the periphery of the blades of a fan is 
less than 7 feet (2.128 m) above the floor or working level, the blades 
shall be guarded. The guard shall have openings no larger than \1/2\ 
inch (1.27 cm).
    (6) Anchoring fixed machinery. Machines designed for a fixed 
location shall be securely anchored to prevent walking or moving.
    (7) Guarding of abrasive wheel machinery--exposure adjustment. 
Safety guards of the types described in paragraphs (b) (8) and (9) of 
this section, where the operator stands in front of the opening, shall 
be constructed so that the peripheral protecting member can be adjusted 
to the constantly decreasing diameter of the wheel. The maximum angular 
exposure above the horizontal plane of the wheel spindle as specified in 
paragraphs (b) (8) and (9) of this section shall never be exceeded, and 
the distance between the wheel periphery and the adjustable tongue or 
the end of the peripheral member at the top shall never exceed \1/4\ 
inch (0.635 cm). (See Figures I-1 through I-6.)
[GRAPHIC] [TIFF OMITTED] TR07MR96.000

     Figure I-1 Figure I-2

     Correct

Showing adjustable tongue giving required angle protection for all sizes 
          of wheel used.
          [GRAPHIC] [TIFF OMITTED] TR07MR96.001
          
     Figure I-3 Figure I-4

 Correct

Showing movable guard with opening small enough to give required 
          protection for the smallest size wheel used.

[[Page 209]]

[GRAPHIC] [TIFF OMITTED] TR07MR96.002

     Figure I-5 Figure I-6

     Incorrect

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

    (8) Bench and floor stands. The angular exposure of the grinding 
wheel periphery and sides for safety guards used on machines known as 
bench and floor stands should not exceed 90[deg] or one-fourth of the 
periphery. This exposure shall begin at a point not more than 65[deg] 
above the horizontal plane of the wheel spindle. (See Figures I-7 and I-
8 and paragraph (b)(7) of this section.)
[GRAPHIC] [TIFF OMITTED] TR07MR96.003

     Figure I-7 Figure I-8

Wherever the nature of the work requires contact with the wheel below 
          the horizontal plane of the spindle, the exposure shall not 
          exceed 125[deg] (See Figures I-9 and I-10.)
          [GRAPHIC] [TIFF OMITTED] TR07MR96.004
          
     Figure I-9 Figure I-10

    (9) Cylindrical grinders. The maximum angular exposure of the 
grinding wheel periphery and sides for safety guards used on cylindrical 
grinding machines shall not exceed 180[deg]. This exposure shall begin 
at a point not more than 65[deg] above the horizontal plane of the wheel 
spindle. (See Figures I-11 and I-12 and paragraph (b)(7) of this 
section.)
[GRAPHIC] [TIFF OMITTED] TR07MR96.005

     Figure I-11 Figure I-12

    (c) Personal protective equipment. Employees using hand and power 
tools and exposed to the hazard of falling, flying, abrasive, and 
splashing objects, or exposed to harmful dusts, fumes, mists, vapors, or 
gases shall be provided with the particular personal protective 
equipment necessary to protect them from the hazard. All personal 
protective equipment shall meet the requirements and be maintained 
according to subparts D and E of this part.
    (d) Switches. (1) All hand-held powered platen sanders, grinders 
with wheels 2-inch diameter or less, routers, planers, laminate 
trimmers, nibblers, shears, scroll saws, and jigsaws with blade shanks 
one-fourth of an inch wide or less may be equipped with only a positive 
``on-off'' control.
    (2) All hand-held powered drills, tappers, fastener drivers, 
horizontal, vertical, and angle grinders with wheels greater than 2 
inches in diameter, disc sanders, belt sanders, reciprocating saws, 
saber saws, and other similar operating powered tools shall be equipped 
with a momentary contact ``on-off'' control and may have a lock-on 
control provided that turnoff can be accomplished by a single motion of 
the same finger or fingers that turn it on.
    (3) All other hand-held powered tools, such as circular saws, chain 
saws, and percussion tools without positive accessory holding means, 
shall be equipped with a constant pressure switch that will shut off the 
power when the pressure is released.
    (4) The requirements of this paragraph shall become effective on 
July 15, 1972.
    (5) Exception: This paragraph does not apply to concrete vibrators, 
concrete breakers, powered tampers, jack hammers, rock drills, and 
similar hand operated power tools.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35175, June 30, 1993; 61 FR 9250, Mar. 7, 1996]

[[Page 210]]



Sec.  1926.301  Hand tools.

    (a) Employers shall not issue or permit the use of unsafe hand 
tools.
    (b) Wrenches, including adjustable, 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.  1926.302  Power-operated hand tools.

    (a) Electric power-operated tools. (1) Electric power operated tools 
shall either be of the approved double-insulated type or grounded in 
accordance with subpart K of this part.
    (2) The use of electric cords for hoisting or lowering tools shall 
not be permitted.
    (b) Pneumatic power tools. (1) Pneumatic power tools shall be 
secured to the hose or whip by some positive means to prevent the tool 
from becoming accidentally disconnected.
    (2) Safety clips or retainers shall be securely installed and 
maintained on pneumatic impact (percussion) tools to prevent attachments 
from being accidentally expelled.
    (3) All pneumatically driven nailers, staplers, and other similar 
equipment provided with automatic fastener feed, which operate at more 
than 100 p.s.i. pressure at the tool shall have a safety device on the 
muzzle to prevent the tool from ejecting fasteners, unless the muzzle is 
in contact with the work surface.
    (4) Compressed air shall not be used for cleaning purposes except 
where reduced to less than 30 p.s.i. and then only with effective chip 
guarding and personal protective equipment which meets the requirements 
of subpart E of this part. The 30 p.s.i. requirement does not apply for 
concrete form, mill scale and similar cleaning purposes.
    (5) The manufacturer's safe operating pressure for hoses, pipes, 
valves, filters, and other fittings shall not be exceeded,
    (6) The use of hoses for hoisting or lowering tools shall not be 
permitted.
    (7) All hoses exceeding \1/2\-inch inside diameter shall have a 
safety device at the source of supply or branch line to reduce pressure 
in case of hose failure.
    (8) Airless spray guns of the type which atomize paints and fluids 
at high pressures (1,000 pounds or more per square inch) shall be 
equipped with automatic or visible manual safety devices which will 
prevent pulling of the trigger to prevent release of the paint or fluid 
until the safety device is manually released.
    (9) In lieu of the above, a diffuser nut which will prevent high 
pressure, high velocity release, while the nozzle tip is removed, plus a 
nozzle tip guard which will prevent the tip from coming into contact 
with the operator, or other equivalent protection, shall be provided.
    (10) Abrasive blast cleaning nozzles. The blast cleaning nozzles 
shall be equipped with an operating valve which must be held open 
manually. A support shall be provided on which the nozzle may be mounted 
when it is not in use.
    (c) Fuel powered tools. (1) All fuel powered tools shall be stopped 
while being refueled, serviced, or maintained, and fuel shall be 
transported, handled, and stored in accordance with subpart F of this 
part.
    (2) When fuel powered tools are used in enclosed spaces, the 
applicable requirements for concentrations of toxic gases and use of 
personal protective equipment, as outlined in subparts D and E of this 
part, shall apply.
    (d) Hydraulic power tools. (1) The fluid used in hydraulic powered 
tools shall be fire-resistant fluids approved under Schedule 30 of the 
U.S. Bureau of Mines, Department of the Interior, and shall retain its 
operating characteristics at the most extreme temperatures to which it 
will be exposed.
    (2) The manufacturer's safe operating pressures for hoses, valves, 
pipes, filters, and other fittings shall not be exceeded.
    (e) Powder-actuated tools. (1) Only employees who have been trained 
in the operation of the particular tool in use shall be allowed to 
operate a powder-actuated tool.
    (2) The tool shall be tested each day before loading to see that 
safety devices are in proper working condition.

[[Page 211]]

The method of testing shall be in accordance with the manufacturer's 
recommended procedure.
    (3) Any tool found not in proper working order, or that develops a 
defect during use, shall be immediately removed from service and not 
used until properly repaired.
    (4) Personal protective equipment shall be in accordance with 
subpart E of this part.
    (5) Tools shall not be loaded until just prior to the intended 
firing time. Neither loaded nor empty tools are to be pointed at any 
employees. Hands shall be kept clear of the open barrel end.
    (6) Loaded tools shall not be left unattended.
    (7) Fasteners shall not be driven into very hard or brittle 
materials including, but not limited to, cast iron, glazed tile, 
surface-hardened steel, glass block, live rock, face brick, or hollow 
tile.
    (8) Driving into materials easily penetrated shall be avoided unless 
such materials are backed by a substance that will prevent the pin or 
fastener from passing completely through and creating a flying missile 
hazard on the other side.
    (9) No fastener shall be driven into a spalled area caused by an 
unsatisfactory fastening.
    (10) Tools shall not be used in an explosive or flammable 
atmosphere.
    (11) All tools shall be used with the correct shield, guard, or 
attachment recommended by the manufacturer.
    (12) Powder-actuated tools used by employees shall meet all other 
applicable requirements of American National Standards Institute, A10.3-
1970, Safety Requirements for Explosive-Actuated Fastening Tools.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35175, June 30, 1993]



Sec.  1926.303  Abrasive wheels and tools.

    (a) Power. All grinding machines shall be supplied with sufficient 
power to maintain the spindle speed at safe levels under all conditions 
of normal operation.
    (b) Guarding. (1) Grinding machines shall be equipped with safety 
guards in conformance with the requirements of American National 
Standards Institute, B7.1-1970, Safety Code for the Use, Care and 
Protection of Abrasive Wheels, and paragraph (d) of this section.
    (2) Guard design. The safety guard shall cover the spindle end, nut, 
and flange projections. The safety guard shall be mounted so as to 
maintain proper alignment with the wheel, and the strength of the 
fastenings shall exceed the strength of the guard, except:
    (i) Safety guards on all operations where the work provides a 
suitable measure of protection to the operator, may be so constructed 
that the spindle end, nut, and outer flange are exposed; and where the 
nature of the work is such as to entirely cover the side of the wheel, 
the side covers of the guard may be omitted; and
    (ii) The spindle end, nut, and outer flange may be exposed on 
machines designed as portable saws.
    (c) Use of abrasive wheels. (1) 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[deg], 
except that when work requires contact with the wheel below the 
horizontal plane of the spindle, the angular exposure shall not exceed 
125[deg]. In either case, the exposure shall begin not more than 65[deg] 
above the horizontal plane of the spindle. Safety guards shall be strong 
enough to withstand the effect of a bursting wheel.
    (2) Floor and bench-mounted grinders shall be provided with work 
rests which are rigidly supported and readily adjustable. Such work 
rests shall be kept at a distance not to exceed one-eighth inch from the 
surface of the wheel.
    (3) 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 American National Standards Institute, B7.1-1970 
Safety Code for the Use, Care, and Protection of Abrasive Wheels. All 
other portable abrasive wheels used for external grinding, shall be 
provided with safety guards (protection hoods) meeting the requirements 
of paragraph (c)(5) of this section, except as follows:

[[Page 212]]

    (i) When the work location makes it impossible, a wheel equipped 
with safety flanges, as described in paragraph (c)(6) of this section, 
shall be used;
    (ii) When wheels 2 inches or less in diameter which are securely 
mounted on the end of a steel mandrel are used.
    (4) Portable abrasive wheels used for internal grinding shall be 
provided with safety flanges (protection flanges) meeting the 
requirements of paragraph (c)(6) of this section, except as follows:
    (i) When wheels 2 inches or less in diameter which are securely 
mounted on the end of a steel mandrel are used;
    (ii) If the wheel is entirely within the work being ground while in 
use.
    (5) 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[deg].
    (6) 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 ensure that the pieces of the 
wheel will be retained in case of accidental breakage, shall be used.
    (7) All abrasive wheels shall be closely inspected and ring-tested 
before mounting to ensure that they are free from cracks or defects.
    (8) 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.
    (9) All employees using abrasive wheels shall be protected by eye 
protection equipment in accordance with the requirements of subpart E of 
this part, except when adequate eye protection is afforded by eye 
shields which are permanently attached to the bench or floor stand.
    (d) Other requirements. All abrasive wheels and tools used by 
employees shall meet other applicable requirements of American National 
Standards Institute, B7.1-1970, Safety Code for the Use, Care and 
Protection of Abrasive Wheels.
    (e) Work rests. On offhand grinding machines, work rests shall be 
used to support the work. They shall be of rigid construction and 
designed to be adjustable to compensate for wheel wear. Work rests shall 
be kept adjusted closely to the wheel with a maximum opening of \1/8\ 
inch (0.3175 cm) to prevent the work from being jammed between the wheel 
and the rest, which may cause wheel breakage. The work rest shall be 
securely clamped after each adjustment. The adjustment shall not be made 
with the wheel in motion.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35175, June 30, 1993]



Sec.  1926.304  Woodworking tools.

    (a) Disconnect switches. All fixed power driven woodworking tools 
shall be provided with a disconnect switch that can either be locked or 
tagged in the off position.
    (b) Speeds. The operating speed shall be etched or otherwise 
permanently marked on all circular saws over 20 inches in diameter or 
operating at over 10,000 peripheral feet per minute. Any saw so marked 
shall not be operated at a speed other than that marked on the blade. 
When a marked saw is retensioned for a different speed, the marking 
shall be corrected to show the new speed.
    (c) Self-feed. Automatic feeding devices shall be installed on 
machines whenever the nature of the work will permit. Feeder attachments 
shall have the feed rolls or other moving parts covered or guarded so as 
to protect the operator from hazardous points.
    (d) Guarding. All portable, power-driven circular saws shall be 
equipped with guards above and below the base plate or shoe. The upper 
guard shall cover the saw to the depth of the teeth, except for the 
minimum arc required to permit the base to be tilted for bevel cuts. The 
lower guard shall cover the saw to the depth of the teeth, except for 
the minimum arc required to allow proper retraction and contact with the 
work. When the tool is withdrawn from the work, the lower guard shall 
automatically and instantly return to the covering position.
    (e) Personal protective equipment. All personal protective equipment 
provided for use shall conform to subpart E of this part.

[[Page 213]]

    (f) Other requirements. All woodworking tools and machinery shall 
meet other applicable requirements of American National Standards 
Institute, 01.1-1961, Safety Code for Woodworking Machinery.
    (g) Radial saws. (1) The upper hood shall completely enclose the 
upper portion of the blade down to a point that will include the end of 
the saw arbor. The upper hood shall be constructed in such a manner and 
of such material that it will protect the operator from flying 
splinters, broken saw teeth, etc., and will deflect sawdust away from 
the operator. The sides of the lower exposed portion of the blade shall 
be guarded to the full diameter of the blade by a device that will 
automatically adjust itself to the thickness of the stock and remain in 
contact with stock being cut to give maximum protection possible for the 
operation being performed.
    (h) Hand-fed crosscut table saws. (1) Each circular crosscut table 
saw shall be guarded by a hood which shall meet all the requirements of 
paragraph (i)(1) of this section for hoods for circular ripsaws.
    (i) Hand-fed ripsaws. (1) Each circular hand-fed ripsaw shall be 
guarded by a hood which shall completely enclose that portion of the saw 
above the table and that portion of the saw above the material being 
cut. The hood and mounting shall be arranged so that the hood will 
automatically adjust itself to the thickness of and remain in contact 
with the material being cut but it shall not offer any considerable 
resistance to insertion of material to saw or to passage of the material 
being sawed. The hood shall be made of adequate strength to resist blows 
and strains incidental to reasonable operation, adjusting, and handling, 
and shall be so designed as to protect the operator from flying 
splinters and broken saw teeth. It shall be made of material that is 
soft enough so that it will be unlikely to cause tooth breakage. The 
hood shall be so mounted as to insure that its operation will be 
positive, reliable, and in true alignment with the saw; and the mounting 
shall be adequate in strength to resist any reasonable side thrust or 
other force tending to throw it out of line.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35175, June 30, 1993; 61 FR 9251, Mar. 7, 1996]



Sec.  1926.305  Jacks--lever and ratchet, screw, and hydraulic.

    (a) General requirements. (1) The manufacturer's rated capacity 
shall be legibly marked on all jacks and shall not be exceeded.
    (2) All jacks shall have a positive stop to prevent overtravel.
    (b) [Reserved]
    (c) Blocking. When it is necessary to provide a firm foundation, the 
base of the jack shall be blocked or cribbed. Where there is a 
possibility of slippage of the metal cap of the jack, a wood block shall 
be placed between the cap and the load.
    (d)(1) Operation and maintenance. (i) After the load has been 
raised, it shall be cribbed, blocked, or otherwise secured at once.
    (ii) Hydraulic jacks exposed to freezing temperatures shall be 
supplied with an adequate antifreeze liquid.
    (iii) All jacks shall be properly lubricated at regular intervals.
    (iv) Each jack shall be thoroughly inspected at times which depend 
upon the service conditions. Inspections shall be not less frequent than 
the following:
    (a) For constant or intermittent use at one locality, once every 6 
months,
    (b) For jacks sent out of shop for special work, when sent out and 
when returned,
    (c) For a jack subjected to abnormal load or shock, immediately 
before and immediately thereafter.
    (v) Repair or replacement parts shall be examined for possible 
defects.
    (vi) Jacks which are out of order shall be tagged accordingly, and 
shall not be used until repairs are made.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 55 
FR 42328, Oct. 18, 1990; 58 FR 35176, June 30, 1993]



Sec.  1926.306  Air receivers.

    (a) General requirements--(1) Application. This section applies to 
compressed air receivers, and other equipment used in providing and 
utilizing compressed air for performing operations such as

[[Page 214]]

cleaning, drilling, hoisting, and chipping. On the other hand, however, 
this section does not deal with the special problems created by using 
compressed air to convey materials nor the problems created when men 
work in compressed air as in tunnels and caissons. This section is not 
intended to apply to compressed air machinery and equipment used on 
transportation vehicles such as steam railroad cars, electric railway 
cars, and automotive equipment.
    (2) New and existing equipment. (i) All new air receivers installed 
after the effective date of these regulations shall be constructed in 
accordance with the 1968 edition of the A.S.M.E. Boiler and Pressure 
Vessel Code Section VIII.
    (ii) All safety valves used shall be constructed, installed, and 
maintained in accordance with the A.S.M.E. Boiler and Pressure Vessel 
Code, Section VIII Edition 1968.
    (b) Installation and equipment requirements--(1) Installation. Air 
receivers shall be so installed that all drains, handholes, and manholes 
therein are easily accessible. Under no circumstances shall an air 
receiver be buried underground or located in an inaccessible place.
    (2) Drains and traps. A drain pipe and valve shall be installed at 
the lowest point of every air receiver to provide for the removal of 
accumulated oil and water. Adequate automatic traps may be installed in 
addition to drain valves. The drain valve on the air receiver shall be 
opened and the receiver completely drained frequently and at such 
intervals as to prevent the accumulation of excessive amounts of liquid 
in the receiver.
    (3) Gages and valves. (i) Every air receiver shall be equipped with 
an indicating pressure gage (so located as to be readily visible) and 
with one or more spring-loaded safety valves. The total relieving 
capacity of such safety valves shall be such as to prevent pressure in 
the receiver from exceeding the maximum allowable working pressure of 
the receiver by more than 10 percent.
    (ii) No valve of any type shall be placed between the air receiver 
and its safety valve or valves.
    (iii) Safety appliances, such as safety valves, indicating devices 
and controlling devices, shall be constructed, located, and installed so 
that they cannot be readily rendered inoperative by any means, including 
the elements.
    (iv) All safety valves shall be tested frequently and at regular 
intervals to determine whether they are in good operating condition.

[58 FR 35176, June 30, 1993]



Sec.  1926.307  Mechanical power-transmission apparatus.

    (a) General requirements. (1) This section covers all types and 
shapes of power-transmission belts, except the following when operating 
at two hundred and fifty (250) feet per minute or less: (i) Flat belts 1 
inch (2.54 cm) or less in width, (ii) flat belts 2 inches (5.08 cm) or 
less in width which are free from metal lacings or fasteners, (iii) 
round belts \1/2\ inch (1.27 cm) or less in diameter; and (iv) single 
strand V-belts, the width of which is thirteen thirty-seconds (\13/32\) 
inch or less.
    (2) Vertical and inclined belts (paragraphs (e) (3) and (4) of this 
section) if not more than 2\1/2\ inches (6.35 cm) wide and running at a 
speed of less than one thousand (1,000) feet per minute, and if free 
from metal lacings or fastenings may be guarded with a nip-point belt 
and pulley guard.
    (3) For the Textile Industry, because of the presence of excessive 
deposits of lint, which constitute a serious fire hazard, the sides and 
face sections only of nip-point belt and pulley guards are required, 
provided the guard shall extend at least 6 inches (15.24 cm) beyond the 
rim of the pulley on the in-running and off-running sides of the belt 
and at least 2 inches (5.08 cm) away from the rim and face of the pulley 
in all other directions.
    (4) This section covers the principal features with which power 
transmission safeguards shall comply.
    (b) Prime-mover guards--(1) Flywheels. Flywheels located so that any 
part is 7 feet (2.128 m) or less above floor or platform shall be 
guarded in accordance with the requirements of this subparagraph:
    (i) With an enclosure of sheet, perforated, or expanded metal, or 
woven wire;

[[Page 215]]

    (ii) With guard rails placed not less than 15 inches (38.1 cm) nor 
more than 20 inches (50.8 cm) from rim. When flywheel extends into pit 
or is within 12 inches (30.48 cm) of floor, a standard toeboard shall 
also be provided;
    (iii) When the upper rim of flywheel protrudes through a working 
floor, it shall be entirely enclosed or surrounded by a guardrail and 
toeboard.
    (iv) For flywheels with smooth rims 5 feet (1.52 m) or less in 
diameter, where the preceding methods cannot be applied, the following 
may be used: A disk attached to the flywheel in such manner as to cover 
the spokes of the wheel on the exposed side and present a smooth surface 
and edge, at the same time providing means for periodic inspection. An 
open space, not exceeding 4 inches (10.16 cm) in width, may be left 
between the outside edge of the disk and the rim of the wheel if 
desired, to facilitate turning the wheel over. Where a disk is used, the 
keys or other dangerous projections not covered by disk shall be cut off 
or covered. This subdivision does not apply to flywheels with solid web 
centers.
    (v) Adjustable guard to be used for starting engine or for running 
adjustment may be provided at the flywheel of gas or oil engines. A slot 
opening for jack bar will be permitted.
    (vi) Wherever flywheels are above working areas, guards shall be 
installed having sufficient strength to hold the weight of the flywheel 
in the event of a shaft or wheel mounting failure.
    (2) Cranks and connecting rods. Cranks and connecting rods, when 
exposed to contact, shall be guarded in accordance with paragraphs (m) 
and (n) of this section, or by a guardrail as described in paragraph 
(o)(5) of this section.
    (3) Tail rods or extension piston rods. Tail rods or extension 
piston rods shall be guarded in accordance with paragraphs (m) and (o) 
of this section, or by a guardrail on sides and end, with a clearance of 
not less than 15 (38.1 cm) nor more than 20 inches (50.8 cm) when rod is 
fully extended.
    (c) Shafting--(1) Installation. (i) Each continuous line of shafting 
shall be secured in position against excessive endwise movement.
    (ii) Inclined and vertical shafts, particularly inclined idler 
shafts, shall be securely held in position against endwise thrust.
    (2) Guarding horizontal shafting. (i) All exposed parts of 
horizontal shafting 7 feet (2.128 m) or less from floor or working 
platform, excepting runways used exclusively for oiling, or running 
adjustments, shall be protected by a stationary casing enclosing 
shafting completely or by a trough enclosing sides and top or sides and 
bottom of shafting as location requires.
    (ii) Shafting under bench machines shall be enclosed by a stationary 
casing, or by a trough at sides and top or sides and bottom, as location 
requires. The sides of the trough shall come within at least 6 inches 
(15.24 cm) of the underside of table, or if shafting is located near 
floor within 6 inches (15.24 cm) of floor. In every case the sides of 
trough shall extend at least 2 inches (5.08 cm) beyond the shafting or 
protuberance.
    (3) Guarding vertical and inclined shafting. Vertical and inclined 
shafting 7 feet (2.128 m) or less from floor or working platform, 
excepting maintenance runways, shall be enclosed with a stationary 
casing in accordance with requirements of paragraphs (m) and (o) of this 
section.
    (4) Projecting shaft ends. (i) Projecting shaft ends shall present a 
smooth edge and end and shall not project more than one-half the 
diameter of the shaft unless guarded by nonrotating caps or safety 
sleeves.
    (ii) Unused keyways shall be filled up or covered.
    (5) Power-transmission apparatus located in basements. All 
mechanical power transmission apparatus located in basements, towers, 
and rooms used exclusively for power transmission equipment shall be 
guarded in accordance with this section, except that the requirements 
for safeguarding belts, pulleys, and shafting need not be complied with 
when the following requirements are met:
    (i) The basement, tower, or room occupied by transmission equipment 
is locked against unauthorized entrance.
    (ii) The vertical clearance in passageways between the floor and 
power transmission beams, ceiling, or any

[[Page 216]]

other objects, is not less than 5 ft. 6 in. (1.672 m).
    (iii) The intensity of illumination conforms to the requirements of 
ANSI A11.1-1965 (R-1970).
    (iv) [Reserved]
    (v) The route followed by the oiler is protected in such manner as 
to prevent accident.
    (d) Pulleys--(1) Guarding. Pulleys, any parts of which are 7 feet 
(2.128 m) or less from the floor or working platform, shall be guarded 
in accordance with the standards specified in paragraphs (m) and (o) of 
this section. Pulleys serving as balance wheels (e.g., punch presses) on 
which the point of contact between belt and pulley is more than 6 ft. 6 
in. (1.976 m) from the floor or platform may be guarded with a disk 
covering the spokes.
    (2) Location of pulleys. (i) Unless the distance to the nearest 
fixed pulley, clutch, or hanger exceeds the width of the belt used, a 
guide shall be provided to prevent the belt from leaving the pulley on 
the side where insufficient clearance exists.
    (ii) [Reserved]
    (3) Broken pulleys. Pulleys with cracks, or pieces broken out of 
rims, shall not be used.
    (4) Pulley speeds. Pulleys intended to operate at rim speed in 
excess of manufacturers normal recommendations shall be specially 
designed and carefully balanced for the speed at which they are to 
operate.
    (e) Belt, rope, and chain drives--(1) Horizontal belts and ropes. 
(i) Where both runs of horizontal belts are 7 feet (2.128 m) or less 
from the floor level, the guard shall extend to at least 15 inches (38.1 
cm) above the belt or to a standard height except that where both runs 
of a horizontal belt are 42 inches (106.68 cm) or less from the floor, 
the belt shall be fully enclosed.
    (ii) In powerplants or power-development rooms, a guardrail may be 
used in lieu of the guard required by paragraph (e)(1)(i) of this 
section.
    (2) Overhead horizontal belts. (i) Overhead horizontal belts, with 
lower parts 7 feet (2.128 m) or less from the floor or platform, shall 
be guarded on sides and bottom in accordance with paragraph (o)(3) of 
this section.
    (ii) Horizontal overhead belts more than 7 feet (2.128 m) above 
floor or platform shall be guarded for their entire length under the 
following conditions:
    (a) If located over passageways or work places and traveling 1,800 
feet or more per minute.
    (b) If center to center distance between pulleys is 10 feet (3.04 m) 
or more.
    (c) If belt is 8 inches (20.32 cm) or more in width.
    (iii) Where the upper and lower runs of horizontal belts are so 
located that passage of persons between them would be possible, the 
passage shall be either:
    (a) Completely barred by a guardrail or other barrier in accordance 
with paragraphs (m) and (o) of this section; or
    (b) Where passage is regarded as necessary, there shall be a 
platform over the lower run guarded on either side by a railing 
completely filled in with wire mesh or other filler, or by a solid 
barrier. The upper run shall be so guarded as to prevent contact 
therewith either by the worker or by objects carried by him. In 
powerplants only the lower run of the belt need be guarded.
    (iv) Overhead chain and link belt drives are governed by the same 
rules as overhead horizontal belts and shall be guarded in the same 
manner as belts.
    (3) Vertical and inclined belts. (i) Vertical and inclined belts 
shall be enclosed by a guard conforming to standards in paragraphs (m) 
and (o) of this section.
    (ii) All guards for inclined belts shall be arranged in such a 
manner that a minimum clearance of 7 feet (2.128 m) is maintained 
between belt and floor at any point outside of guard.
    (4) Vertical belts. Vertical belts running over a lower pulley more 
than 7 feet (2.128 m) above floor or platform shall be guarded at the 
bottom in the same manner as horizontal overhead belts, if conditions 
are as stated in paragraphs (e)(2)(ii) (a) and (c) of this section.
    (5) Cone-pulley belts. (i) The cone belt and pulley shall be 
equipped with a belt shifter so constructed as to adequately guard the 
nip point of the belt and pulley. If the frame of the belt shifter does 
not adequately guard the nip point of

[[Page 217]]

the belt and pulley, the nip point shall be further protected by means 
of a vertical guard placed in front of the pulley and extending at least 
to the top of the largest step of the cone.
    (ii) If the belt is of the endless type or laced with rawhide laces, 
and a belt shifter is not desired, the belt will be considered guarded 
if the nip point of the belt and pulley is protected by a nip point 
guard located in front of the cone extending at least to the top of the 
largest step of the cone, and formed to show the contour of the cone in 
order to give the nip point of the belt and pulley the maximum 
protection.
    (iii) If the cone is located less than 3 feet (0.912 m) from the 
floor or working platform, the cone pulley and belt shall be guarded to 
a height of 3 feet (0.912 m) regardless of whether the belt is endless 
or laced with rawhide.
    (6) Belt tighteners. (i) Suspended counterbalanced tighteners and 
all parts thereof shall be of substantial construction and securely 
fastened; the bearings shall be securely capped. Means must be provided 
to prevent tightener from falling, in case the belt breaks.
    (ii) Where suspended counterweights are used and not guarded by 
location, they shall be so encased as to prevent accident.
    (f) Gears, sprockets, and chains--(1) Gears. Gears shall be guarded 
in accordance with one of the following methods:
    (i) By a complete enclosure; or
    (ii) By a standard guard as described in paragraph (o) of this 
section, at least 7 feet (2.128 m) high extending 6 inches (15.24 cm) 
above the mesh point of the gears; or
    (iii) By a band guard covering the face of gear and having flanges 
extended inward beyond the root of the teeth on the exposed side or 
sides. Where any portion of the train of gears guarded by a band guard 
is less than 6 feet (1.824 m) from the floor a disk guard or a complete 
enclosure to the height of 6 feet (1.824 m) shall be required.
    (2) Hand-operated gears. Paragraph (f)(1) of this section does not 
apply to hand-operated gears used only to adjust machine parts and which 
do not continue to move after hand power is removed. However, the 
guarding of these gears is highly recommended.
    (3) Sprockets and chains. All sprocket wheels and chains shall be 
enclosed unless they are more than 7 feet (2.128 m) above the floor or 
platform. Where the drive extends over other machine or working areas, 
protection against falling shall be provided. This subparagraph does not 
apply to manually operated sprockets.
    (4) Openings for oiling. When frequent oiling must be done, openings 
with hinged or sliding self-closing covers shall be provided. All points 
not readily accessible shall have oil feed tubes if lubricant is to be 
added while machinery is in motion.
    (g) Guarding friction drives. The driving point of all friction 
drives when exposed to contact shall be guarded, all arm or spoke 
friction drives and all web friction drives with holes in the web shall 
be entirely enclosed, and all projecting belts on friction drives where 
exposed to contact shall be guarded.
    (h) Keys, setscrews, and other projections. (1) All projecting keys, 
setscrews, and other projections in revolving parts shall be removed or 
made flush or guarded by metal cover. This subparagraph does not apply 
to keys or setscrews within gear or sprocket casings or other 
enclosures, nor to keys, setscrews, or oilcups in hubs of pulleys less 
than 20 inches (50.8 cm) in diameter where they are within the plane of 
the rim of the pulley.
    (2) It is recommended, however, that no projecting setscrews or 
oilcups be used in any revolving pulley or part of machinery.
    (i) Collars and couplings--(1) Collars. All revolving collars, 
including split collars, shall be cylindrical, and screws or bolts used 
in collars shall not project beyond the largest periphery of the collar.
    (2) Couplings. Shaft couplings shall be so constructed as to present 
no hazard from bolts, nuts, setscrews, or revolving surfaces. Bolts, 
nuts, and setscrews will, however, be permitted where they are covered 
with safety sleeves or where they are used parallel with the shafting 
and are countersunk or else do not extend beyond the flange of the 
coupling.

[[Page 218]]

    (j) Bearings and facilities for oiling. All drip cups and pans shall 
be securely fastened.
    (k) Guarding of clutches, cutoff couplings, and clutch pulleys--(1) 
Guards. Clutches, cutoff couplings, or clutch pulleys having projecting 
parts, where such clutches are located 7 feet (2.128 m) or less above 
the floor or working platform, shall be enclosed by a stationary guard 
constructed in accordance with this section. A ``U'' type guard is 
permissible.
    (2) Engine rooms. In engine rooms a guardrail, preferably with 
toeboard, may be used instead of the guard required by paragraph (k)(1) 
of this section, provided such a room is occupied only by engine room 
attendants.
    (l) Belt shifters, clutches, shippers, poles, perches, and 
fasteners--(1) Belt shifters. (i) Tight and loose pulleys on all new 
installations made on or after August 31, 1971, shall be equipped with a 
permanent belt shifter provided with mechanical means to prevent belt 
from creeping from loose to tight pulley. It is recommended that old 
installations be changed to conform to this rule.
    (ii) Belt shifter and clutch handles shall be rounded and be located 
as far as possible from danger of accidental contact, but within easy 
reach of the operator. Where belt shifters are not directly located over 
a machine or bench, the handles shall be cut off 6 ft. 6 in. (1.976 m) 
above floor level.
    (2) Belt shippers and shipper poles. The use of belt poles as 
substitutes for mechanical shifters is not recommended.
    (3) Belt perches. Where loose pulleys or idlers are not practicable, 
belt perches in form of brackets, rollers, etc., shall be used to keep 
idle belts away from the shafts.
    (4) Belt fasteners. Belts which of necessity must be shifted by hand 
and belts within 7 feet (2.128 m) of the floor or working platform which 
are not guarded in accordance with this section shall not be fastened 
with metal in any case, nor with any other fastening which by 
construction or wear will constitute an accident hazard.
    (m) Standard guards--general requirements--(1) Materials. (i) 
Standard conditions shall be secured by the use of the following 
materials. Expanded metal, perforated or solid sheet metal, wire mesh on 
a frame of angle iron, or iron pipe securely fastened to floor or to 
frame of machine.
    (ii) All metal should be free from burrs and sharp edges.
    (2) Methods of manufacture. (i) Expanded metal, sheet or perforated 
metal, and wire mesh shall be securely fastened to frame.
    (n) [Reserved]
    (o) Approved materials--(1) Minimum requirements. The materials and 
dimensions specified in this paragraph shall apply to all guards, except 
horizontal overhead belts, rope, cable, or chain guards more than 7 feet 
(2.128 m) above floor, or platform.
    (i) [Reserved]
    (a) All guards shall be rigidly braced every 3 feet (0.912 m) or 
fractional part of their height to some fixed part of machinery or 
building structure. Where guard is exposed to contact with moving 
equipment additional strength may be necessary.
    (2) Wood guards. (i) Wood guards may be used in the woodworking and 
chemical industries, in industries where the presence of fumes or where 
manufacturing conditions would cause the rapid deterioration of metal 
guards; also in construction work and in locations outdoors where 
extreme cold or extreme heat make metal guards and railings undesirable. 
In all other industries, wood guards shall not be used.
    (3) Guards for horizontal overhead belts. (i) Guards for horizontal 
overhead belts shall run the entire length of the belt and follow the 
line of the pulley to the ceiling or be carried to the nearest wall, 
thus enclosing the belt effectively. Where belts are so located as to 
make it impracticable to carry the guard to wall or ceiling, 
construction of guard shall be such as to enclose completely the top and 
bottom runs of belt and the face of pulleys.
    (ii) [Reserved]
    (iii) Suitable reinforcement shall be provided for the ceiling 
rafters or overhead floor beams, where such is necessary, to sustain 
safely the weight and stress likely to be imposed by the guard. The 
interior surface of all guards, by which is meant the surface of the 
guard with which a belt will come in contact, shall be smooth and

[[Page 219]]

free from all projections of any character, except where construction 
demands it; protruding shallow roundhead rivets may be used. Overhead 
belt guards shall be at least one-quarter wider than belt which they 
protect, except that this clearance need not in any case exceed 6 inches 
(15.24 cm) on each side. Overhead rope drive and block and roller-chain-
drive guards shall be not less than 6 inches (15.24 cm) wider than the 
drive on each side. In overhead silent chain-drive guards where the 
chain is held from lateral displacement on the sprockets, the side 
clearances required on drives of 20 inch (50.8 cm) centers or under 
shall be not less than \1/4\ inch (0.635 cm) from the nearest moving 
chain part, and on drives of over 20 inch (50.8 cm) centers a minimum of 
\1/2\ inch (1.27 cm) from the nearest moving chain part.
    (4) Guards for horizontal overhead rope and chain drives. Overhead-
rope and chain-drive guard construction shall conform to the rules for 
overhead-belt guard.
    (5) Guardrails and toeboards. (i) Guardrail shall be 42 inches 
(106.68 cm) in height, with midrail between top rail and floor.
    (ii) Posts shall be not more than 8 feet (2.432 m) apart; they are 
to be permanent and substantial, smooth, and free from protruding nails, 
bolts, and splinters. If made of pipe, the post shall be 1\1/4\ inches 
(3.175 cm) inside diameter, or larger. If made of metal shapes or bars, 
their section shall be equal in strength to that of 1\1/2\ (3.81 cm) by 
1\1/2\ (3.81 cm) by \3/16\ inch angle iron. If made of wood, the posts 
shall be two by four (2 x 4) inches or larger. The upper rail shall be 
two by four (2 x 4) inches, or two one by four (1 x 4) strips, one at 
the top and one at the side of posts. The midrail may be one by four (1 
x 4) inches or more. Where panels are fitted with expanded metal or wire 
mesh the middle rails may be omitted. Where guard is exposed to contact 
with moving equipment, additional strength may be necessary.
    (iii) Toeboards shall be 4 inches (10.16 cm) or more in height, of 
wood, metal, or of metal grill not exceeding 1 inch (2.54 cm) mesh.
    (p) Care of equipment--(1) General. All power-transmission equipment 
shall be inspected at intervals not exceeding 60 days and be kept in 
good working condition at all times.
    (2) Shafting. (i) Shafting shall be kept in alignment, free from 
rust and excess oil or grease.
    (ii) Where explosives, explosive dusts, flammable vapors or 
flammable liquids exist, the hazard of static sparks from shafting shall 
be carefully considered.
    (3) Bearings. Bearings shall be kept in alignment and properly 
adjusted.
    (4) Hangers. Hangers shall be inspected to make certain that all 
supporting bolts and screws are tight and that supports of hanger boxes 
are adjusted properly.
    (5) Pulleys. (i) Pulleys shall be kept in proper alignment to 
prevent belts from running off.
    (6) Care of belts.
    (i) [Reserved]
    (ii) Inspection shall be made of belts, lacings, and fasteners and 
such equipment kept in good repair.
    (7) Lubrication. The regular oilers shall wear tight-fitting 
clothing. Machinery shall be oiled when not in motion, wherever 
possible.

[58 FR 35176, June 30, 1993, as amended at 69 FR 31882, June 8, 2004]



                      Subpart J_Welding and Cutting

    Authority: Sec. 107, Contract Work Hours and Safety Standards Act 
(Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, 8, Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 
35736), as applicable.



Sec.  1926.350  Gas welding and cutting.

    (a) Transporting, moving, and storing compressed gas cylinders. (1) 
Valve protection caps shall be in place and secured.
    (2) When cylinders are hoisted, they shall be secured on a cradle, 
slingboard, or pallet. They shall not be hoisted or transported 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.

[[Page 220]]

    (4) When cylinders are transported by powered vehicles, they shall 
be secured in a vertical position.
    (5) Valve protection caps shall not be used for lifting cylinders 
from one vertical position to another. Bars shall not be used under 
valves or valve protection caps to pry cylinders loose when frozen. 
Warm, not boiling, water shall be used to thaw cylinders loose.
    (6) Unless cylinders are firmly secured on a special carrier 
intended for this purpose, regulators shall be removed and valve 
protection caps put in place before cylinders are moved.
    (7) A suitable cylinder truck, chain, or other steadying device 
shall be used to keep cylinders from being knocked over while in use.
    (8) When work is finished, when cylinders are empty, or when 
cylinders are moved at any time, the cylinder valve shall be closed.
    (9) Compressed gas 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.
    (10) Oxygen cylinders in storage shall be separated from fuel-gas 
cylinders or combustible materials (especially oil or grease), a minimum 
distance of 20 feet (6.1 m) or by a noncombustible barrier at least 5 
feet (1.5 m) high having a fire-resistance rating of at least one-half 
hour.
    (11) Inside of buildings, cylinders shall be stored in a well-
protected, well-ventilated, dry location, at least 20 feet (6.1 m) from 
highly combustible materials such as oil or excelsior. Cylinders should 
be stored in definitely assigned places away from elevators, stairs, or 
gangways. Assigned storage places shall be located where cylinders will 
not be knocked over or damaged by passing or falling objects, or subject 
to tampering by unauthorized persons. Cylinders shall not be kept in 
unventilated enclosures such as lockers and cupboards.
    (12) The in-plant handling, storage, and utilization of all 
compressed gases in cylinders, portable tanks, rail tankcars, or motor 
vehicle cargo tanks shall be in accordance with Compressed Gas 
Association Pamphlet P-1-1965.
    (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. All cylinders used shall meet the Department of Transportation 
requirements published in 49 CFR part 178, subpart C, Specification for 
Cylinders.
    (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 a regulator to a cylinder valve is connected, 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. For 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

[[Page 221]]

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 shutoff 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 work area. 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 work area. If a regulator attached to a cylinder valve will 
effectively stop a leak through the valve seat, the cylinder need not be 
removed from the work area.
    (6) If a leak should develop at a fuse plug or other safety device, 
the cylinder shall be removed from the work area.
    (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 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, well 
ventilated, and accessible locations. 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 shall not be used.
    (2) When parallel sections of oxygen and fuel gas hose are taped 
together, not more than 4 inches out of 12 inches shall be covered by 
tape.
    (3) All hose in use, 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 working shift. Defective hose shall 
be removed from service.
    (4) Hose which has been subject 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 300 p.s.i. 
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 storage of gas hose shall be ventilated.
    (7) Hoses, cables, and other equipment shall be kept clear of 
passageways, ladders and stairs.
    (g) Torches. (1) Clogged torch tip openings shall be cleaned with 
suitable cleaning wires, drills, or other devices designed for such 
purpose.
    (2) Torches in use shall be inspected at the beginning of each 
working 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.

[[Page 222]]

    (h) Regulators and gauges. Oxygen and fuel gas pressure regulators, 
including their related gauges, shall be in proper working order while 
in use.
    (i) Oil and grease hazards. Oxygen cylinders and fittings shall be 
kept away from oil or grease. Cylinders, cylinder caps and valves, 
couplings, regulators, hose, and apparatus shall be kept free from oil 
or greasy substances and shall not be handled with oily hands or gloves. 
Oxygen shall not be directed at oily surfaces, greasy clothes, or within 
a fuel oil or other storage tank or vessel.
    (j) Additional rules. For additional details not covered in this 
subpart, applicable technical portions of American National Standards 
Institute, Z49.1-1967, Safety in Welding and Cutting, shall apply.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 55 
FR 42328, Oct. 18, 1990; 58 FR 35179, June 30, 1993]



Sec.  1926.351  Arc welding and cutting.

    (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 
10 feet from the cable end to which the electrode holder is connected 
shall be used, except that cables with standard insulated connectors or 
with splices whose insulating quality is equal to that of the cable are 
permitted.
    (3) When it becomes necessary to connect or splice lengths of cable 
one to another, substantial insulated connectors of a capacity at least 
equivalent to that of the cable shall be used. If connections are 
effected by means of cable lugs, they shall be securely fastened 
together to give good electrical contact, and the exposed metal parts of 
the lugs shall be completely insulated.
    (4) Cables in need of 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 tape 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) Pipelines containing gases or flammable liquids, or conduits 
containing electrical circuits, shall not be used as a ground return. 
For welding on natural gas pipelines, the technical portions of 
regulations issued by the Department of Transportation, Office of 
Pipeline Safety, 49 CFR part 192, Minimum Federal Safety Standards for 
Gas Pipelines, shall apply.
    (3) When a structure or pipeline 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 structures as a ground circuit.
    (4) When a structure or pipeline 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 structure, 
shall be

[[Page 223]]

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; 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.
    (5) See Sec.  1926.406(c) for additional requirements.
    (e) Shielding. Whenever practicable, all arc welding and cutting 
operations shall be shielded by noncombustible or flameproof screens 
which will protect employees and other persons working in the vicinity 
from the direct rays of the arc.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 51 
FR 25318, July 11, 1986]



Sec.  1926.352  Fire prevention.

    (a) When practical, objects to be welded, cut, or heated shall be 
moved to a designated safe location or, if the objects to be welded, 
cut, or heated cannot be readily moved, all movable fire hazards in the 
vicinity shall be taken to a safe place, or otherwise protected.
    (b) If the object to be welded, cut, or heated cannot be moved and 
if all the fire hazards cannot be removed, positive means shall be taken 
to confine the heat, sparks, and slag, and to protect the immovable fire 
hazards from them.
    (c) No welding, cutting, or heating shall be done where the 
application of flammable paints, or the presence of other flammable 
compounds, or heavy dust concentrations creates a hazard.
    (d) Suitable fire extinguishing equipment shall be immediately 
available in the work area and shall be maintained in a state of 
readiness for instant use.
    (e) When the welding, cutting, or heating operation is such that 
normal fire prevention precautions are not sufficient, additional 
personnel shall be assigned to guard against fire while the actual 
welding, cutting, or heating operation is being performed, and for a 
sufficient period of time after completion of the work to ensure that no 
possibility of fire exists. Such personnel shall be instructed as to the 
specific anticipated fire hazards and how the firefighting equipment 
provided is to be used.
    (f) When welding, cutting, or heating is performed on walls, floors, 
and ceilings, since direct penetration of sparks or heat transfer may 
introduce a fire hazard to an adjacent area, the same precautions shall 
be taken on the opposite side as are taken on the side on which the 
welding is being performed.
    (g) For the elimination of possible fire in enclosed spaces as a 
result of gas escaping through leaking or improperly closed torch 
valves, the gas supply to the torch shall be positively shut off at some 
point outside the enclosed space whenever the torch is not to be used or 
whenever the torch is left unattended for a substantial period of time, 
such as during the lunch period. Overnight and at the change of shifts, 
the torch and hose shall be removed from the confined space. Open end 
fuel gas and oxygen hoses shall be immediately removed from enclosed 
spaces when they are disconnected from the torch or other gas-consuming 
device.
    (h) Except when the contents are being removed or transferred, 
drums, pails, and other containers which contain or have contained 
flammable liquids shall be kept closed. Empty containers shall be 
removed to a safe area apart from hot work operations or open flames.

[[Page 224]]

    (i) Drums containers, or hollow structures which have contained 
toxic or 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. For welding, cutting and 
heating on steel pipelines containing natural gas, the pertinent 
portions of regulations issued by the Department of Transportation, 
Office of Pipeline Safety, 49 CFR part 192, Minimum Federal Safety 
Standards for Gas Pipelines, shall apply.
    (j) 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.



Sec.  1926.353  Ventilation and protection in welding, cutting, and heating.

    (a) Mechanical ventilation. For purposes of this section, mechanical 
ventilation shall meet the following requirements:
    (1) Mechanical ventilation shall consist of either general 
mechanical ventilation systems or local exhaust systems.
    (2) 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, as defined in 
subpart D of this part.
    (3) 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 as defined in subpart D of 
this part.
    (4) Contaminated air exhausted from a working space shall be 
discharged into the open air or otherwise clear of the source of intake 
air.
    (5) All air replacing that withdrawn shall be clean and respirable.
    (6) Oxygen shall not be used for ventilation purposes, comfort 
cooling, blowing dust from clothing, or for cleaning the work area.
    (b) Welding, cutting, and heating in confined spaces. (1) Except as 
provided in paragraph (b)(2) of this section, and paragraph (c)(2) of 
this section, either general mechanical or local exhaust ventilation 
meeting the requirements of paragraph (a) of this section shall be 
provided whenever welding, cutting, or heating is performed in a 
confined space.
    (2) 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 subpart E 
of this part, 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.
    (3) Lifelines. Where a welder must enter a confined space through a 
manhole or other small opening, means shall be provided for quickly 
removing him in case of emergency. When safety belts and lifelines are 
used for this purpose they shall be so attached to the welder's body 
that his body cannot be jammed in a small exit opening. An attendant 
with a pre-planned rescue procedure shall be stationed outside to 
observe the welder at all times and be capable of putting rescue 
operations into effect.
    (c) Welding, cutting, or heating of metals of toxic significance. 
(1) Welding, cutting, or heating in any enclosed spaces involving the 
metals specified in this subparagraph shall be performed with either 
general mechanical or local exhaust ventilation meeting the requirements 
of paragraph (a) 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 involving 
the metals specified in this subparagraph shall be performed with local 
exhaust ventilation in accordance with the requirements of paragraph (a) 
of this section, or employees shall be protected by air

[[Page 225]]

line respirators in accordance with the requirements of subpart E of 
this part:
    (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 in accordance with the requirements 
of subpart E of this part, except that employees performing such 
operations on beryllium-containing base or filler metals shall be 
protected by air line respirators in accordance with the requirements of 
subpart E of this part.
    (4) Other employees exposed to the same atmosphere as the welders or 
burners shall be protected in the same manner as the welder or burner.
    (d) Inert-gas metal-arc welding. (1) Since the inert-gas metal-arc 
welding process involves the production of ultra-violet 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 200 feet, 
unless shielded, from the exposed arc, and surfaces prepared with 
chlorinated solvents shall be thoroughly dry before welding is permitted 
on such surfaces.
    (ii) Employees in the area not protected from the arc by screening 
shall be protected by filter lenses meeting the requirements of subpart 
E of this part. When two or more welders are exposed to each other's 
arc, filter lens goggles of a suitable type, meeting the requirements of 
subpart E of this part, shall be worn under welding helmets. Hand 
shields to protect the welder against flashes and radiant energy shall 
be used 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 (c)(2) of this section 
shall be met to protect against dangerous concentrations of nitrogen 
dioxide.
    (e) General welding, cutting, and heating. (1) Welding, cutting, and 
heating, not involving conditions or materials described in paragraph 
(b), (c), or (d) 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 subpart E of this part.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 55 
FR 42328, Oct. 18, 1990; 58 FR 35179, June 30, 1993]



Sec.  1926.354  Welding, cutting, and heating in way of preservative
coatings.

    (a) 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.
    (b) 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.
    (c) 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

[[Page 226]]

from the area of heat application, or the employees shall be protected 
by air line respirators, meeting the requirements of subpart E of this 
part.
    (2) In the open air, employees shall be protected by a respirator, 
in accordance with requirements of subpart E of this part.
    (d) The preservative coatings shall be removed 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 heating area may be used to limit the size of 
the area required to be cleaned.



                          Subpart K_Electrical

    Authority: 29 U.S.C. 653, 655, 657; 40 U.S.C. 333; Secretary of 
Labor's Order No. 9-83 (48 FR 35736), 1-90 (55 FR 9033) or 1-2012 (77 FR 
3912), as applicable; 29 CFR part 1911.

    Source: 51 FR 25318, July 11, 1986, unless otherwise noted.

                                 General



Sec.  1926.400  Introduction.

    This subpart addresses electrical safety requirements that are 
necessary for the practical safeguarding of employees involved in 
construction work and is divided into four major divisions and 
applicable definitions as follows:
    (a) Installation safety requirements. Installation safety 
requirements are contained in Sec. Sec.  1926.402 through 1926.408. 
Included in this category are electric equipment and installations used 
to provide electric power and light on jobsites.
    (b) Safety-related work practices. Safety-related work practices are 
contained in Sec. Sec.  1926.416 and 1926.417. In addition to covering 
the hazards arising from the use of electricity at jobsites, these 
regulations also cover the hazards arising from the accidental contact, 
direct or indirect, by employees with all energized lines, above or 
below ground, passing through or near the jobsite.
    (c) Safety-related maintenance and environmental considerations. 
Safety-related maintenance and environmental considerations are 
contained in Sec. Sec.  1926.431 and 1926.432.
    (d) Safety requirements for special equipment. Safety requirements 
for special equipment are contained in Sec.  1926.441.
    (e) Definitions. Definitions applicable to this subpart are 
contained in Sec.  1926.449.



Sec.  1926.401  [Reserved]

                    Installation Safety Requirements



Sec.  1926.402  Applicability.

    (a) Covered. Sections 1926.402 through 1926.408 contain installation 
safety requirements for electrical equipment and installations used to 
provide electric power and light at the jobsite. These sections apply to 
installations, both temporary and permanent, used on the jobsite; but 
these sections do not apply to existing permanent installations that 
were in place before the construction activity commenced.

    Note: If the electrical installation is made in accordance with the 
National Electrical Code ANSI/NFPA 70-1984, exclusive of Formal 
Interpretations and Tentative Interim Amendments, it will be deemed to 
be in compliance with Sec. Sec.  1926.403 through 1926.408, except for 
Sec. Sec.  1926.404(b)(1) and 1926.405(a)(2)(ii) (E), (F), (G), and (J).

    (b) Not covered. Sections 1926.402 through 1926.408 do not cover 
installations used for the generation, transmission, and distribution of 
electric energy, including related communication, metering, control, and 
transformation installations. (However, these regulations do cover 
portable and vehicle-mounted generators used to provide power for 
equipment used at the jobsite.) See subpart V of this part for the 
construction of power distribution and transmission lines.



Sec.  1926.403  General requirements.

    (a) Approval. All electrical conductors and equipment shall be 
approved.
    (b) Examination, installation, and use of equipment--(1) 
Examination. The employer shall ensure that electrical equipment is free 
from recognized hazards that are likely to cause death or serious 
physical harm to employees. Safety of equipment shall be determined on 
the basis of the following considerations:

[[Page 227]]

    (i) Suitability for installation and use in conformity with the 
provisions of this subpart. Suitability of equipment for an identified 
purpose may be evidenced by listing, labeling, or certification for that 
identified purpose.
    (ii) Mechanical strength and durability, including, for parts 
designed to enclose and protect other equipment, the adequacy of the 
protection thus provided.
    (iii) Electrical insulation.
    (iv) Heating effects under conditions of use.
    (v) Arcing effects.
    (vi) Classification by type, size, voltage, current capacity, 
specific use.
    (vii) Other factors which contribute to the practical safeguarding 
of employees using or likely to come in contact with the equipment.
    (2) Installation and use. Listed, labeled, or certified equipment 
shall be installed and used in accordance with instructions included in 
the listing, labeling, or certification.
    (c) Interrupting rating. Equipment intended to break current shall 
have an interrupting rating at system voltage sufficient for the current 
that must be interrupted.
    (d) Mounting and cooling of equipment--(1) Mounting. Electric 
equipment shall be firmly secured to the surface on which it is mounted. 
Wooden plugs driven into holes in masonry, concrete, plaster, or similar 
materials shall not be used.
    (2) Cooling. Electrical equipment which depends upon the natural 
circulation of air and convection principles for cooling of exposed 
surfaces shall be installed so that room air flow over such surfaces is 
not prevented by walls or by adjacent installed equipment. For equipment 
designed for floor mounting, clearance between top surfaces and adjacent 
surfaces shall be provided to dissipate rising warm air. Electrical 
equipment provided with ventilating openings shall be installed so that 
walls or other obstructions do not prevent the free circulation of air 
through the equipment.
    (e) Splices. Conductors shall be spliced or joined with splicing 
devices designed for the use or by brazing, welding, or soldering with a 
fusible metal or alloy. Soldered splices shall first be so spliced or 
joined as to be mechanically and electrically secure without solder and 
then soldered. All splices and joints and the free ends of conductors 
shall be covered with an insulation equivalent to that of the conductors 
or with an insulating device designed for the purpose.
    (f) Arcing parts. Parts of electric equipment which in ordinary 
operation produce arcs, sparks, flames, or molten metal shall be 
enclosed or separated and isolated from all combustible material.
    (g) Marking. Electrical equipment shall not be used unless the 
manufacturer's name, trademark, or other descriptive marking by which 
the organization responsible for the product may be identified is placed 
on the equipment and unless other markings are provided giving voltage, 
current, wattage, or other ratings as necessary. The marking shall be of 
sufficient durability to withstand the environment involved.
    (h) Identification of disconnecting means and circuits. Each 
disconnecting means required by this subpart for motors and appliances 
shall be legibly marked to indicate its purpose, unless located and 
arranged so the purpose is evident. Each service, feeder, and branch 
circuit, at its disconnecting means or overcurrent device, shall be 
legibly marked to indicate its purpose, unless located and arranged so 
the purpose is evident. These markings shall be of sufficient durability 
to withstand the environment involved.
    (i) 600 Volts, nominal, or less. This paragraph applies to equipment 
operating at 600 volts, nominal, or less.
    (1) Working space about electric equipment. Sufficient access and 
working space shall be provided and maintained about all electric 
equipment to permit ready and safe operation and maintenance of such 
equipment.
    (i) Working clearances. Except as required or permitted elsewhere in 
this subpart, the dimension of the working space in the direction of 
access to live parts operating at 600 volts or less and likely to 
require examination, adjustment, servicing, or maintenance while alive 
shall not be less than indicated in Table K-1. In addition to the 
dimensions shown in Table K-1, workspace

[[Page 228]]

shall not be less than 30 inches (762 mm) wide in front of the electric 
equipment. Distances shall be measured from the live parts if they are 
exposed, or from the enclosure front or opening if the live parts are 
enclosed. Walls constructed of concrete, brick, or tile are considered 
to be grounded. Working space is not required in back of assemblies such 
as dead-front switchboards or motor control centers where there are no 
renewable or adjustable parts such as fuses or switches on the back and 
where all connections are accessible from locations other than the back.

                      Table K-1--Working Clearances
------------------------------------------------------------------------
                                                 Minimum clear distance
                                                   for conditions \1\
          Nominal voltage to ground           --------------------------
                                                 (a)      (b)      (c)
------------------------------------------------------------------------
                                                 Feet     Feet     Feet
                                                 \2\      \2\      \2\
0-150........................................        3        3        3
151-600......................................        3   3\1/2\        4
------------------------------------------------------------------------
\1\ Conditions (a), (b), and (c) are as follows: (a) Exposed live parts
  on one side and no live or grounded parts on the other side of the
  working space, or exposed live parts on both sides effectively guarded
  by insulating material. Insulated wire or insulated busbars operating
  at not over 300 volts are not considered live parts. (b) Exposed live
  parts on one side and grounded parts on the other side. (c) Exposed
  live parts on both sides of the workspace [not guarded as provided in
  Condition (a)] with the operator between.
\2\ Note: For International System of Units (SI): one foot = 0.3048m.

    (ii) Clear spaces. Working space required by this subpart shall not 
be used for storage. When normally enclosed live parts are exposed for 
inspection or servicing, the working space, if in a passageway or 
general open space, shall be guarded.
    (iii) Access and entrance to working space. At least one entrance 
shall be provided to give access to the working space about electric 
equipment.
    (iv) Front working space. Where there are live parts normally 
exposed on the front of switchboards or motor control centers, the 
working space in front of such equipment shall not be less than 3 feet 
(914 mm).
    (v) Headroom. The minimum headroom of working spaces about service 
equipment, switchboards, panelboards, or motor control centers shall be 
6 feet 3 inches (1.91 m).
    (2) Guarding of live parts. (i) Except as required or permitted 
elsewhere in this subpart, live parts of electric equipment operating at 
50 volts or more shall be guarded against accidental contact by cabinets 
or other forms of enclosures, or by any of the following means:
    (A) By location in a room, vault, or similar enclosure that is 
accessible only to qualified persons.
    (B) By partitions or screens so arranged that only qualified persons 
will have access to the space within reach of the live parts. Any 
openings in such partitions or screens shall be so sized and located 
that persons are not likely to come into accidental contact with the 
live parts or to bring conducting objects into contact with them.
    (C) By location on a balcony, gallery, or platform so elevated and 
arranged as to exclude unqualified persons.
    (D) By elevation of 8 feet (2.44 m) or more above the floor or other 
working surface and so installed as to exclude unqualified persons.
    (ii) In locations where electric equipment would be exposed to 
physical damage, enclosures or guards shall be so arranged and of such 
strength as to prevent such damage.
    (iii) Entrances to rooms and other guarded locations containing 
exposed live parts shall be marked with conspicuous warning signs 
forbidding unqualified persons to enter.
    (j) Over 600 volts, nominal--(1) General. Conductors and equipment 
used on circuits exceeding 600 volts, nominal, shall comply with all 
applicable provisions of paragraphs (a) through (g) of this section and 
with the following provisions which supplement or modify those 
requirements. The provisions of paragraphs (j)(2), (j)(3), and (j)(4) of 
this section do not apply to equipment on the supply side of the service 
conductors.
    (2) Enclosure for electrical installations. Electrical installations 
in a vault, room, closet or in an area surrounded by a wall, screen, or 
fence, access to which is controlled by lock and key or other equivalent 
means, are considered to be accessible to qualified persons only. A 
wall, screen, or fence less than 8 feet (2.44 m) in height is not 
considered adequate to prevent access unless it has other features that 
provide a degree of isolation equivalent to an 8-foot (2.44-m) fence. 
The entrances to all

[[Page 229]]

buildings, rooms or enclosures containing exposed live parts or exposed 
conductors operating at over 600 volts, nominal, shall be kept locked or 
shall be under the observation of a qualified person at all times.
    (i) Installations accessible to qualified persons only. Electrical 
installations having exposed live parts shall be accessible to qualified 
persons only and shall comply with the applicable provisions of 
paragraph (j)(3) of this section.
    (ii) Installations accessible to unqualified persons. Electrical 
installations that are open to unqualified persons shall be made with 
metal-enclosed equipment or shall be enclosed in a vault or in an area, 
access to which is controlled by a lock. Metal-enclosed switchgear, unit 
substations, transformers, pull boxes, connection boxes, and other 
similar associated equipment shall be marked with appropriate caution 
signs. If equipment is exposed to physical damage from vehicular 
traffic, guards shall be provided to prevent such damage. Ventilating or 
similar openings in metal-enclosed equipment shall be designed so that 
foreign objects inserted through these openings will be deflected from 
energized parts.
    (3) Workspace about equipment. Sufficient space shall be provided 
and maintained about electric equipment to permit ready and safe 
operation and maintenance of such equipment. Where energized parts are 
exposed, the minimum clear workspace shall not be less than 6 feet 6 
inches (1.98 m) high (measured vertically from the floor or platform), 
or less than 3 feet (914 mm) wide (measured parallel to the equipment). 
The depth shall be as required in Table K-2. The workspace shall be 
adequate to permit at least a 90-degree opening of doors or hinged 
panels.
    (i) Working space. The minimum clear working space in front of 
electric equipment such as switchboards, control panels, switches, 
circuit breakers, motor controllers, relays, and similar equipment shall 
not be less than specified in Table K-2 unless otherwise specified in 
this subpart. Distances shall be measured from the live parts if they 
are exposed, or from the enclosure front or opening if the live parts 
are enclosed. However, working space is not required in back of 
equipment such as deadfront switchboards or control assemblies where 
there are no renewable or adjustable parts (such as fuses or switches) 
on the back and where all connections are accessible from locations 
other than the back. Where rear access is required to work on de-
energized parts on the back of enclosed equipment, a minimum working 
space of 30 inches (762 mm) horizontally shall be provided.

  Table K-2--Minimum Depth of Clear Working Space in Front of Electric
                                Equipment
------------------------------------------------------------------------
                                                     Conditions \1\
          Nominal voltage to ground           --------------------------
                                                 (a)      (b)      (c)
------------------------------------------------------------------------
                                                  Feet     Feet     Feet
                                                   \2\      \2\      \2\
 
601 to 2,500.................................        3        4        5
2,501 to 9,000...............................        4        5        6
9,001 to 25,000..............................        5        6        9
25,001 to 75 kV..............................        6        8       10
Above 75kV...................................        8       10       12
------------------------------------------------------------------------
\1\Conditions (a), (b), and (c) are as follows: (a) Exposed live parts
  on one side and no live or grounded parts on the other side of the
  working space, or exposed live parts on both sides effectively guarded
  by insulating materials. Insulated wire or insulated busbars operating
  at not over 300 volts are not considered live parts. (b) Exposed live
  parts on one side and grounded parts on the other side. Walls
  constructed of concrete, brick, or tile are considered to be grounded
  surfaces. (c) Exposed live parts on both sides of the workspace [not
  guarded as provided in Condition (a)] with the operator between.
\2\ Note: For SI units: one foot = 0.3048 m.

    (ii) Lighting outlets and points of control. The lighting outlets 
shall be so arranged that persons changing lamps or making repairs on 
the lighting system will not be endangered by live parts or other 
equipment. The points of control shall be so located that persons are 
not likely to come in contact with any live part or moving part of the 
equipment while turning on the lights.
    (iii) Elevation of unguarded live parts. Unguarded live parts above 
working space shall be maintained at elevations not less than specified 
in Table K-3.

  Table K-3--Elevation of Unguarded Energized Parts Above Working Space
------------------------------------------------------------------------
      Nominal voltage between phases              Minimum elevation
------------------------------------------------------------------------
601-7,500.................................  8 feet 6 inches. \1\
7,501-35,000..............................  9 feet.
Over 35kV.................................  9 feet + 0.37 inches per kV
                                             above 35kV.
------------------------------------------------------------------------
\1\ Note: For SI units: one inch = 25.4 mm; one foot = 0.3048 m.

    (4) Entrance and access to workspace. At least one entrance not less 
than 24

[[Page 230]]

inches (610 mm) wide and 6 feet 6 inches (1.98 m) high shall be provided 
to give access to the working space about electric equipment. On 
switchboard and control panels exceeding 48 inches (1.22 m) in width, 
there shall be one entrance at each end of such board where practicable. 
Where bare energized parts at any voltage or insulated energized parts 
above 600 volts are located adjacent to such entrance, they shall be 
guarded.

[51 FR 25318, July 11, 1986, as amended at 61 FR 5510, Feb. 13, 1996]



Sec.  1926.404  Wiring design and protection.

    (a) Use and identification of grounded and grounding conductors--(1) 
Identification of conductors. A conductor used as a grounded conductor 
shall be identifiable and distinguishable from all other conductors. A 
conductor used as an equipment grounding conductor shall be identifiable 
and distinguishable from all other conductors.
    (2) Polarity of connections. No grounded conductor shall be attached 
to any terminal or lead so as to reverse designated polarity.
    (3) Use of grounding terminals and devices. A grounding terminal or 
grounding-type device on a receptacle, cord connector, or attachment 
plug shall not be used for purposes other than grounding.
    (b) Branch circuits--(1) Ground-fault protection--(i) General. The 
employer shall use either ground fault circuit interrupters as specified 
in paragraph (b)(1)(ii) of this section or an assured equipment 
grounding conductor program as specified in paragraph (b)(1)(iii) of 
this section to protect employees on construction sites. These 
requirements are in addition to any other requirements for equipment 
grounding conductors.
    (ii) Ground-fault circuit interrupters. All 120-volt, single-phase, 
15- and 20-ampere receptacle outlets on construction sites, which are 
not a part of the permanent wiring of the building or structure and 
which are in use by employees, shall have approved ground-fault circuit 
interrupters for personnel protection. Receptacles on a two-wire, 
single-phase portable or vehicle-mounted generator rated not more than 
5kW, where the circuit conductors of the generator are insulated from 
the generator frame and all other grounded surfaces, need not be 
protected with ground-fault circuit interrupters.
    (iii) Assured equipment grounding conductor program. The employer 
shall establish and implement an assured equipment grounding conductor 
program on construction sites covering all cord sets, receptacles which 
are not a part of the building or structure, and equipment connected by 
cord and plug which are available for use or used by employees. This 
program shall comply with the following minimum requirements:
    (A) A written description of the program, including the specific 
procedures adopted by the employer, shall be available at the jobsite 
for inspection and copying by the Assistant Secretary and any affected 
employee.
    (B) The employer shall designate one or more competent persons (as 
defined in Sec.  1926.32(f)) to implement the program.
    (C) Each cord set, attachment cap, plug and receptacle of cord sets, 
and any equipment connected by cord and plug, except cord sets and 
receptacles which are fixed and not exposed to damage, shall be visually 
inspected before each day's use for external defects, such as deformed 
or missing pins or insulation damage, and for indications of possible 
internal damage. Equipment found damaged or defective shall not be used 
until repaired.
    (D) The following tests shall be performed on all cord sets, 
receptacles which are not a part of the permanent wiring of the building 
or structure, and cord- and plug-connected equipment required to be 
grounded:
    (1) All equipment grounding conductors shall be tested for 
continuity and shall be electrically continuous.
    (2) Each receptacle and attachment cap or plug shall be tested for 
correct attachment of the equipment grounding conductor. The equipment 
grounding conductor shall be connected to its proper terminal.
    (E) All required tests shall be performed:
    (1) Before first use;
    (2) Before equipment is returned to service following any repairs;

[[Page 231]]

    (3) Before equipment is used after any incident which can be 
reasonably suspected to have caused damage (for example, when a cord set 
is run over); and
    (4) At intervals not to exceed 3 months, except that cord sets and 
receptacles which are fixed and not exposed to damage shall be tested at 
intervals not exceeding 6 months.
    (F) The employer shall not make available or permit the use by 
employees of any equipment which has not met the requirements of this 
paragraph (b)(1)(iii) of this section.
    (G) Tests performed as required in this paragraph shall be recorded. 
This test record shall identify each receptacle, cord set, and cord- and 
plug-connected equipment that passed the test and shall indicate the 
last date it was tested or the interval for which it was tested. This 
record shall be kept by means of logs, color coding, or other effective 
means and shall be maintained until replaced by a more current record. 
The record shall be made available on the jobsite for inspection by the 
Assistant Secretary and any affected employee.
    (2) Outlet devices. Outlet devices shall have an ampere rating not 
less than the load to be served and shall comply with the following:
    (i) Single receptacles. A single receptacle installed on an 
individual branch circuit shall have an ampere rating of not less than 
that of the branch circuit.
    (ii) Two or more receptacles. Where connected to a branch circuit 
supplying two or more receptacles or outlets, receptacle ratings shall 
conform to the values listed in Table K-4.
    (iii) Receptacles used for the connection of motors. The rating of 
an attachment plug or receptacle used for cord- and plug-connection of a 
motor to a branch circuit shall not exceed 15 amperes at 125 volts or 10 
amperes at 250 volts if individual overload protection is omitted.

         Table K-4--Receptacle Ratings for Various Size Circuits
------------------------------------------------------------------------
           Circuit rating amperes             Receptacle rating amperes
------------------------------------------------------------------------
15.........................................  Not over 15.
20.........................................  15 or 20.
30.........................................  30.
40.........................................  40 or 50.
50.........................................  50.
------------------------------------------------------------------------

    (c) Outside conductors and lamps--(1) 600 volts, nominal, or less. 
Paragraphs (c)(1)(i) through (c)(1)(iv) of this section apply to branch 
circuit, feeder, and service conductors rated 600 volts, nominal, or 
less and run outdoors as open conductors.
    (i) Conductors on poles. Conductors supported on poles shall provide 
a horizontal climbing space not less than the following:
    (A) Power conductors below communication conductors--30 inches (762 
mm) .
    (B) Power conductors alone or above communication conductors: 300 
volts or less--24 inches (610 mm); more than 300 volts--30 inches (762 
mm).
    (C) Communication conductors below power conductors: with power 
conductors 300 volts or less--24 inches (610 mm); more than 300 volts--
30 inches (762 mm).
    (ii) Clearance from ground. Open conductors shall conform to the 
following minimum clearances:
    (A) 10 feet (3.05 m)--above finished grade, sidewalks, or from any 
platform or projection from which they might be reached.
    (B) 12 feet (3.66 m)--over areas subject to vehicular traffic other 
than truck traffic.
    (C) 15 feet (4.57 m)--over areas other than those specified in 
paragraph (c)(1)(ii)(D) of this section that are subject to truck 
traffic.
    (D) 18 feet (5.49 m)--over public streets, alleys, roads, and 
driveways.
    (iii) Clearance from building openings. Conductors shall have a 
clearance of at least 3 feet (914 mm) from windows, doors, fire escapes, 
or similar locations. Conductors run above the top level of a window are 
considered to be out of reach from that window and, therefore, do not 
have to be 3 feet (914 mm) away.
    (iv) Clearance over roofs. Conductors above roof space accessible to 
employees on foot shall have a clearance from

[[Page 232]]

the highest point of the roof surface of not less than 8 feet (2.44 m) 
vertical clearance for insulated conductors, not less than 10 feet (3.05 
m) vertical or diagonal clearance for covered conductors, and not less 
than 15 feet (4.57 m) for bare conductors, except that:
    (A) Where the roof space is also accessible to vehicular traffic, 
the vertical clearance shall not be less than 18 feet (5.49 m), or
    (B) Where the roof space is not normally accessible to employees on 
foot, fully insulated conductors shall have a vertical or diagonal 
clearance of not less than 3 feet (914 mm), or
    (C) Where the voltage between conductors is 300 volts or less and 
the roof has a slope of not less than 4 inches (102 mm) in 12 inches 
(305 mm), the clearance from roofs shall be at least 3 feet (914 mm), or
    (D) Where the voltage between conductors is 300 volts or less and 
the conductors do not pass over more than 4 feet (1.22 m) of the 
overhang portion of the roof and they are terminated at a through-the-
roof raceway or support, the clearance from roofs shall be at least 18 
inches (457 mm).
    (2) Location of outdoor lamps. Lamps for outdoor lighting shall be 
located below all live conductors, transformers, or other electric 
equipment, unless such equipment is controlled by a disconnecting means 
that can be locked in the open position or unless adequate clearances or 
other safeguards are provided for relamping operations.
    (d) Services--(1) Disconnecting means--(i) General. Means shall be 
provided to disconnect all conductors in a building or other structure 
from the service-entrance conductors. The disconnecting means shall 
plainly indicate whether it is in the open or closed position and shall 
be installed at a readily accessible location nearest the point of 
entrance of the service-entrance conductors.
    (ii) Simultaneous opening of poles. Each service disconnecting means 
shall simultaneously disconnect all ungrounded conductors.
    (2) Services over 600 volts, nominal. The following additional 
requirements apply to services over 600 volts, nominal.
    (i) Guarding. Service-entrance conductors installed as open wires 
shall be guarded to make them accessible only to qualified persons.
    (ii) Warning signs. Signs warning of high voltage shall be posted 
where unauthorized employees might come in contact with live parts.
    (e) Overcurrent protection--(1) 600 volts, nominal, or less. The 
following requirements apply to overcurrent protection of circuits rated 
600 volts, nominal, or less.
    (i) Protection of conductors and equipment. Conductors and equipment 
shall be protected from overcurrent in accordance with their ability to 
safely conduct current. Conductors shall have sufficient ampacity to 
carry the load.
    (ii) Grounded conductors. Except for motor-running overload 
protection, overcurrent devices shall not interrupt the continuity of 
the grounded conductor unless all conductors of the circuit are opened 
simultaneously.
    (iii) Disconnection of fuses and thermal cutouts. Except for devices 
provided for current-limiting on the supply side of the service 
disconnecting means, all cartridge fuses which are accessible to other 
than qualified persons and all fuses and thermal cutouts on circuits 
over 150 volts to ground shall be provided with disconnecting means. 
This disconnecting means shall be installed so that the fuse or thermal 
cutout can be disconnected from its supply without disrupting service to 
equipment and circuits unrelated to those protected by the overcurrent 
device.
    (iv) Location in or on premises. Overcurrent devices shall be 
readily accessible. Overcurrent devices shall not be located where they 
could create an employee safety hazard by being exposed to physical 
damage or located in the vicinity of easily ignitible material.
    (v) Arcing or suddenly moving parts. Fuses and circuit breakers 
shall be so located or shielded that employees will not be burned or 
otherwise injured by their operation.
    (vi) Circuit breakers. (A) Circuit breakers shall clearly indicate 
whether they are in the open (off) or closed (on) position.
    (B) Where circuit breaker handles on switchboards are operated 
vertically rather than horizontally or

[[Page 233]]

rotationally, the up position of the handle shall be the closed (on) 
position.
    (C) If used as switches in 120-volt, fluorescent lighting circuits, 
circuit breakers shall be marked ``SWD.''
    (2) Over 600 volts, nominal. Feeders and branch circuits over 600 
volts, nominal, shall have short-circuit protection.
    (f) Grounding. Paragraphs (f)(1) through (f)(11) of this section 
contain grounding requirements for systems, circuits, and equipment.
    (1) Systems to be grounded. The following systems which supply 
premises wiring shall be grounded:
    (i) Three-wire DC systems. All 3-wire DC systems shall have their 
neutral conductor grounded.
    (ii) Two-wire DC systems. Two-wire DC systems operating at over 50 
volts through 300 volts between conductors shall be grounded unless they 
are rectifier-derived from an AC system complying with paragraphs 
(f)(1)(iii), (f)(1)(iv), and (f)(1)(v) of this section.
    (iii) AC circuits, less than 50 volts. AC circuits of less than 50 
volts shall be grounded if they are installed as overhead conductors 
outside of buildings or if they are supplied by transformers and the 
transformer primary supply system is ungrounded or exceeds 150 volts to 
ground.
    (iv) AC systems, 50 volts to 1000 volts. AC systems of 50 volts to 
1000 volts shall be grounded under any of the following conditions, 
unless exempted by paragraph (f)(1)(v) of this section:
    (A) If the system can be so grounded that the maximum voltage to 
ground on the ungrounded conductors does not exceed 150 volts;
    (B) If the system is nominally rated 480Y/277 volt, 3-phase, 4-wire 
in which the neutral is used as a circuit conductor;
    (C) If the system is nominally rated 240/120 volt, 3-phase, 4-wire 
in which the midpoint of one phase is used as a circuit conductor; or
    (D) If a service conductor is uninsulated.
    (v) Exceptions. AC systems of 50 volts to 1000 volts are not 
required to be grounded if the system is separately derived and is 
supplied by a transformer that has a primary voltage rating less than 
1000 volts, provided all of the following conditions are met:
    (A) The system is used exclusively for control circuits,
    (B) The conditions of maintenance and supervision assure that only 
qualified persons will service the installation,
    (C) Continuity of control power is required, and
    (D) Ground detectors are installed on the control system.
    (2) Separately derived systems. Where paragraph (f)(1) of this 
section requires grounding of wiring systems whose power is derived from 
generator, transformer, or converter windings and has no direct 
electrical connection, including a solidly connected grounded circuit 
conductor, to supply conductors originating in another system, paragraph 
(f)(5) of this section shall also apply.
    (3) Portable and vehicle-mounted generators--(i) Portable 
generators. Under the following conditions, the frame of a portable 
generator need not be grounded and may serve as the grounding electrode 
for a system supplied by the generator:
    (A) The generator supplies only equipment mounted on the generator 
and/or cord- and plug-connected equipment through receptacles mounted on 
the generator, and
    (B) The noncurrent-carrying metal parts of equipment and the 
equipment grounding conductor terminals of the receptacles are bonded to 
the generator frame.
    (ii) Vehicle-mounted generators. Under the following conditions the 
frame of a vehicle may serve as the grounding electrode for a system 
supplied by a generator located on the vehicle:
    (A) The frame of the generator is bonded to the vehicle frame, and
    (B) The generator supplies only equipment located on the vehicle 
and/or cord- and plug-connected equipment through receptacles mounted on 
the vehicle or on the generator, and
    (C) The noncurrent-carrying metal parts of equipment and the 
equipment grounding conductor terminals of the receptacles are bonded to 
the generator frame, and
    (D) The system complies with all other provisions of this section.

[[Page 234]]

    (iii) Neutral conductor bonding. A neutral conductor shall be bonded 
to the generator frame if the generator is a component of a separately 
derived system. No other conductor need be bonded to the generator 
frame.
    (4) Conductors to be grounded. For AC premises wiring systems the 
identified conductor shall be grounded.
    (5) Grounding connections--(i) Grounded system. For a grounded 
system, a grounding electrode conductor shall be used to connect both 
the equipment grounding conductor and the grounded circuit conductor to 
the grounding electrode. Both the equipment grounding conductor and the 
grounding electrode conductor shall be connected to the grounded circuit 
conductor on the supply side of the service disconnecting means, or on 
the supply side of the system disconnecting means or overcurrent devices 
if the system is separately derived.
    (ii) Ungrounded systems. For an ungrounded service-supplied system, 
the equipment grounding conductor shall be connected to the grounding 
electrode conductor at the service equipment. For an ungrounded 
separately derived system, the equipment grounding conductor shall be 
connected to the grounding electrode conductor at, or ahead of, the 
system disconnecting means or overcurrent devices.
    (6) Grounding path. The path to ground from circuits, equipment, and 
enclosures shall be permanent and continuous.
    (7) Supports, enclosures, and equipment to be grounded--(i) Supports 
and enclosures for conductors. Metal cable trays, metal raceways, and 
metal enclosures for conductors shall be grounded, except that:
    (A) Metal enclosures such as sleeves that are used to protect cable 
assemblies from physical damage need not be grounded; and
    (B) Metal enclosures for conductors added to existing installations 
of open wire, knob-and-tube wiring, and nonmetallic-sheathed cable need 
not be grounded if all of the following conditions are met:
    (1) Runs are less than 25 feet (7.62 m);
    (2) Enclosures are free from probable contact with ground, grounded 
metal, metal laths, or other conductive materials; and
    (3) Enclosures are guarded against employee contact.
    (ii) Service equipment enclosures. Metal enclosures for service 
equipment shall be grounded.
    (iii) Fixed equipment. Exposed noncurrent-carrying metal parts of 
fixed equipment which may become energized shall be grounded under any 
of the following conditions:
    (A) If within 8 feet (2.44 m) vertically or 5 feet (1.52 m) 
horizontally of ground or grounded metal objects and subject to employee 
contact.
    (B) If located in a wet or damp location and subject to employee 
contact.
    (C) If in electrical contact with metal.
    (D) If in a hazardous (classified) location.
    (E) If supplied by a metal-clad, metal-sheathed, or grounded metal 
raceway wiring method.
    (F) If equipment operates with any terminal at over 150 volts to 
ground; however, the following need not be grounded:
    (1) Enclosures for switches or circuit breakers used for other than 
service equipment and accessible to qualified persons only;
    (2) Metal frames of electrically heated appliances which are 
permanently and effectively insulated from ground; and
    (3) The cases of distribution apparatus such as transformers and 
capacitors mounted on wooden poles at a height exceeding 8 feet (2.44 m) 
above ground or grade level.
    (iv) Equipment connected by cord and plug. Under any of the 
conditions described in paragraphs (f)(7)(iv)(A) through (f)(7)(iv)(C) 
of this section, exposed noncurrent-carrying metal parts of cord- and 
plug-connected equipment which may become energized shall be grounded:
    (A) If in a hazardous (classified) location (see Sec.  1926.407).
    (B) If operated at over 150 volts to ground, except for guarded 
motors and metal frames of electrically heated appliances if the 
appliance frames are permanently and effectively insulated from ground.

[[Page 235]]

    (C) If the equipment is one of the types listed in paragraphs 
(f)(7)(iv)(C)(1) through (f)(7)(iv)(C)(5) of this section. However, even 
though the equipment may be one of these types, it need not be grounded 
if it is exempted by paragraph (f)(7)(iv)(C)(6).
    (1) Hand held motor-operated tools;
    (2) Cord- and plug-connected equipment used in damp or wet locations 
or by employees standing on the ground or on metal floors or working 
inside of metal tanks or boilers;
    (3) Portable and mobile X-ray and associated equipment;
    (4) Tools likely to be used in wet and/or conductive locations; and
    (5) Portable hand lamps.
    (6) Tools likely to be used in wet and/or conductive locations need 
not be grounded if supplied through an isolating transformer with an 
ungrounded secondary of not over 50 volts. Listed or labeled portable 
tools and appliances protected by a system of double insulation, or its 
equivalent, need not be grounded. If such a system is employed, the 
equipment shall be distinctively marked to indicate that the tool or 
appliance utilizes a system of double insulation.
    (v) Nonelectrical equipment. The metal parts of the following 
nonelectrical equipment shall be grounded: Frames and tracks of 
electrically operated cranes; frames of nonelectrically driven elevator 
cars to which electric conductors are attached; hand-operated metal 
shifting ropes or cables of electric elevators, and metal partitions, 
grill work, and similar metal enclosures around equipment of over IkV 
between conductors.
    (8) Methods of grounding equipment--(i) With circuit conductors. 
Noncurrent-carrying metal parts of fixed equipment, if required to be 
grounded by this subpart, shall be grounded by an equipment grounding 
conductor which is contained within the same raceway, cable, or cord, or 
runs with or encloses the circuit conductors. For DC circuits only, the 
equipment grounding conductor may be run separately from the circuit 
conductors.
    (ii) Grounding conductor. A conductor used for grounding fixed or 
movable equipment shall have capacity to conduct safely any fault 
current which may be imposed on it.
    (iii) Equipment considered effectively grounded. Electric equipment 
is considered to be effectively grounded if it is secured to, and in 
electrical contact with, a metal rack or structure that is provided for 
its support and the metal rack or structure is grounded by the method 
specified for the noncurrent-carrying metal parts of fixed equipment in 
paragraph (f)(8)(i) of this section. Metal car frames supported by metal 
hoisting cables attached to or running over metal sheaves or drums of 
grounded elevator machines are also considered to be effectively 
grounded.
    (9) Bonding. If bonding conductors are used to assure electrical 
continuity, they shall have the capacity to conduct any fault current 
which may be imposed.
    (10) Made electrodes. If made electrodes are used, they shall be 
free from nonconductive coatings, such as paint or enamel; and, if 
practicable, they shall be embedded below permanent moisture level. A 
single electrode consisting of a rod, pipe or plate which has a 
resistance to ground greater than 25 ohms shall be augmented by one 
additional electrode installed no closer than 6 feet (1.83 m) to the 
first electrode.
    (11) Grounding of systems and circuits of 1000 volts and over (high 
voltage)--(i) General. If high voltage systems are grounded, they shall 
comply with all applicable provisions of paragraphs (f)(1) through 
(f)(10) of this section as supplemented and modified by this paragraph 
(f)(11).
    (ii) Grounding of systems supplying portable or mobile equipment. 
Systems supplying portable or mobile high voltage equipment, other than 
substations installed on a temporary basis, shall comply with the 
following:
    (A) Portable and mobile high voltage equipment shall be supplied 
from a system having its neutral grounded through an impedance. If a 
delta-connected high voltage system is used to supply the equipment, a 
system neutral shall be derived.
    (B) Exposed noncurrent-carrying metal parts of portable and mobile 
equipment shall be connected by an equipment grounding conductor to the

[[Page 236]]

point at which the system neutral impedance is grounded.
    (C) Ground-fault detection and relaying shall be provided to 
automatically de-energize any high voltage system component which has 
developed a ground fault. The continuity of the equipment grounding 
conductor shall be continuously monitored so as to de-energize 
automatically the high voltage feeder to the portable equipment upon 
loss of continuity of the equipment grounding conductor.
    (D) The grounding electrode to which the portable or mobile 
equipment system neutral impedance is connected shall be isolated from 
and separated in the ground by at least 20 feet (6.1 m) from any other 
system or equipment grounding electrode, and there shall be no direct 
connection between the grounding electrodes, such as buried pipe, fence 
or like objects.
    (iii) Grounding of equipment. All noncurrent-carrying metal parts of 
portable equipment and fixed equipment including their associated 
fences, housings, enclosures, and supporting structures shall be 
grounded. However, equipment which is guarded by location and isolated 
from ground need not be grounded. Additionally, pole-mounted 
distribution apparatus at a height exceeding 8 feet (2.44 m) above 
ground or grade level need not be grounded.

[51 FR 25318, July 11, 1986, as amended at 54 FR 24334, June 7, 1989; 61 
FR 5510, Feb. 13, 1996]



Sec.  1926.405  Wiring methods, components, and equipment for general use.

    (a) Wiring methods. The provisions of this paragraph do not apply to 
conductors which form an integral part of equipment such as motors, 
controllers, motor control centers and like equipment.
    (1) General requirements--(i) Electrical continuity of metal 
raceways and enclosures. Metal raceways, cable armor, and other metal 
enclosures for conductors shall be metallically joined together into a 
continuous electric conductor and shall be so connected to all boxes, 
fittings, and cabinets as to provide effective electrical continuity.
    (ii) Wiring in ducts. No wiring systems of any type shall be 
installed in ducts used to transport dust, loose stock or flammable 
vapors. No wiring system of any type shall be installed in any duct used 
for vapor removal or in any shaft containing only such ducts.
    (2) Temporary wiring--(i) Scope. The provisions of paragraph (a)(2) 
of this section apply to temporary electrical power and lighting wiring 
methods which may be of a class less than would be required for a 
permanent installation. Except as specifically modified in paragraph 
(a)(2) of this section, all other requirements of this subpart for 
permanent wiring shall apply to temporary wiring installations. 
Temporary wiring shall be removed immediately upon completion of 
construction or the purpose for which the wiring was installed.
    (ii) General requirements for temporary wiring. (A) Feeders shall 
originate in a distribution center. The conductors shall be run as 
multiconductor cord or cable assemblies or within raceways; or, where 
not subject to physical damage, they may be run as open conductors on 
insulators not more than 10 feet (3.05 m) apart.
    (B) Branch circuits shall originate in a power outlet or panelboard. 
Conductors shall be run as multiconductor cord or cable assemblies or 
open conductors, or shall be run in raceways. All conductors shall be 
protected by overcurrent devices at their ampacity. Runs of open 
conductors shall be located where the conductors will not be subject to 
physical damage, and the conductors shall be fastened at intervals not 
exceeding 10 feet (3.05 m). No branch-circuit conductors shall be laid 
on the floor. Each branch circuit that supplies receptacles or fixed 
equipment shall contain a separate equipment grounding conductor if the 
branch circuit is run as open conductors.
    (C) Receptacles shall be of the grounding type. Unless installed in 
a complete metallic raceway, each branch circuit shall contain a 
separate equipment grounding conductor, and all receptacles shall be 
electrically connected to the grounding conductor. Receptacles for uses 
other than temporary lighting shall not be installed on branch circuits 
which supply temporary lighting. Receptacles shall not be connected to 
the same ungrounded

[[Page 237]]

conductor of multiwire circuits which supply temporary lighting.
    (D) Disconnecting switches or plug connectors shall be installed to 
permit the disconnection of all ungrounded conductors of each temporary 
circuit.
    (E) All lamps for general illumination shall be protected from 
accidental contact or breakage. Metal-case sockets shall be grounded.
    (F) Temporary lights shall not be suspended by their electric cords 
unless cords and lights are designed for this means of suspension.
    (G) Portable electric lighting used in wet and/or other conductive 
locations, as for example, drums, tanks, and vessels, shall be operated 
at 12 volts or less. However, 120-volt lights may be used if protected 
by a ground-fault circuit interrupter.
    (H) A box shall be used wherever a change is made to a raceway 
system or a cable system which is metal clad or metal sheathed.
    (I) Flexible cords and cables shall be protected from damage. Sharp 
corners and projections shall be avoided. Flexible cords and cables may 
pass through doorways or other pinch points, if protection is provided 
to avoid damage.
    (J) Extension cord sets used with portable electric tools and 
appliances shall be of three-wire type and shall be designed for hard or 
extra-hard usage. Flexible cords used with temporary and portable lights 
shall be designed for hard or extra-hard usage.

    Note: The National Electrical Code, ANSI/NFPA 70, in Article 400, 
Table 400-4, lists various types of flexible cords, some of which are 
noted as being designed for hard or extra-hard usage. Examples of these 
types of flexible cords include hard service cord (types S, ST, SO, STO) 
and junior hard service cord (types SJ, SJO, SJT, SJTO).

    (iii) Guarding. For temporary wiring over 600 volts, nominal, 
fencing, barriers, or other effective means shall be provided to prevent 
access of other than authorized and qualified personnel.
    (b) Cabinets, boxes, and fittings--(1) Conductors entering boxes, 
cabinets, or fittings. Conductors entering boxes, cabinets, or fittings 
shall be protected from abrasion, and openings through which conductors 
enter shall be effectively closed. Unused openings in cabinets, boxes, 
and fittings shall also be effectively closed.
    (2) Covers and canopies. All pull boxes, junction boxes, and 
fittings shall be provided with covers. If metal covers are used, they 
shall be grounded. In energized installations each outlet box shall have 
a cover, faceplate, or fixture canopy. Covers of outlet boxes having 
holes through which flexible cord pendants pass shall be provided with 
bushings designed for the purpose or shall have smooth, well-rounded 
surfaces on which the cords may bear.
    (3) Pull and junction boxes for systems over 600 volts, nominal. In 
addition to other requirements in this section for pull and junction 
boxes, the following shall apply to these boxes for systems over 600 
volts, nominal:
    (i) Complete enclosure. Boxes shall provide a complete enclosure for 
the contained conductors or cables.
    (ii) Covers. Boxes shall be closed by covers securely fastened in 
place. Underground box covers that weigh over 100 pounds (43.6 kg) meet 
this requirement. Covers for boxes shall be permanently marked ``HIGH 
VOLTAGE.'' The marking shall be on the outside of the box cover and 
shall be readily visible and legible.
    (c) Knife switches. Single-throw knife switches shall be so 
connected that the blades are dead when the switch is in the open 
position. Single-throw knife switches shall be so placed that gravity 
will not tend to close them. Single-throw knife switches approved for 
use in the inverted position shall be provided with a locking device 
that will ensure that the blades remain in the open position when so 
set. Double-throw knife switches may be mounted so that the throw will 
be either vertical or horizontal. However, if the throw is vertical, a 
locking device shall be provided to ensure that the blades remain in the 
open position when so set.
    (d) Switchboards and panelboards. Switchboards that have any exposed 
live parts shall be located in permanently dry locations and accessible 
only to qualified persons. Panelboards shall be mounted in cabinets, 
cutout boxes, or enclosures designed for the purpose and shall be dead 
front. However, panelboards other than the dead

[[Page 238]]

front externally-operable type are permitted where accessible only to 
qualified persons. Exposed blades of knife switches shall be dead when 
open.
    (e) Enclosures for damp or wet locations--(1) Cabinets, fittings, 
and boxes. Cabinets, cutout boxes, fittings, boxes, and panelboard 
enclosures in damp or wet locations shall be installed so as to prevent 
moisture or water from entering and accumulating within the enclosures. 
In wet locations the enclosures shall be weatherproof.
    (2) Switches and circuit breakers. Switches, circuit breakers, and 
switchboards installed in wet locations shall be enclosed in 
weatherproof enclosures.
    (f) Conductors for general wiring. All conductors used for general 
wiring shall be insulated unless otherwise permitted in this subpart. 
The conductor insulation shall be of a type that is suitable for the 
voltage, operating temperature, and location of use. Insulated 
conductors shall be distinguishable by appropriate color or other means 
as being grounded conductors, ungrounded conductors, or equipment 
grounding conductors.
    (g) Flexible cords and cables--(1) Use of flexible cords and 
cables--(i) Permitted uses. Flexible cords and cables shall be suitable 
for conditions of use and location. Flexible cords and cables shall be 
used only for:
    (A) Pendants;
    (B) Wiring of fixtures;
    (C) Connection of portable lamps or appliances;
    (D) Elevator cables;
    (E) Wiring of cranes and hoists;
    (F) Connection of stationary equipment to facilitate their frequent 
interchange;
    (G) Prevention of the transmission of noise or vibration; or
    (H) Appliances where the fastening means and mechanical connections 
are designed to permit removal for maintenance and repair.
    (ii) Attachment plugs for cords. If used as permitted in paragraphs 
(g)(1)(i)(C), (g)(1)(i)(F), or (g)(1)(i)(H) of this section, the 
flexible cord shall be equipped with an attachment plug and shall be 
energized from a receptacle outlet.
    (iii) Prohibited uses. Unless necessary for a use permitted in 
paragraph (g)(1)(i) of this section, flexible cords and cables shall not 
be used:
    (A) As a substitute for the fixed wiring of a structure;
    (B) Where run through holes in walls, ceilings, or floors;
    (C) Where run through doorways, windows, or similar openings, except 
as permitted in paragraph (a)(2)(ii)(I) of this section;
    (D) Where attached to building surfaces; or
    (E) Where concealed behind building walls, ceilings, or floors.
    (2) Identification, splices, and terminations--(i) Identification. A 
conductor of a flexible cord or cable that is used as a grounded 
conductor or an equipment grounding conductor shall be distinguishable 
from other conductors.
    (ii) Marking. Type SJ, SJO, SJT, SJTO, S, SO, ST, and STO cords 
shall not be used unless durably marked on the surface with the type 
designation, size, and number of conductors.
    (iii) Splices. Flexible cords shall be used only in continuous 
lengths without splice or tap. Hard service flexible cords No. 12 or 
larger may be repaired if spliced so that the splice retains the 
insulation, outer sheath properties, and usage characteristics of the 
cord being spliced.
    (iv) Strain relief. Flexible cords shall be connected to devices and 
fittings so that strain relief is provided which will prevent pull from 
being directly transmitted to joints or terminal screws.
    (v) Cords passing through holes. Flexible cords and cables shall be 
protected by bushings or fittings where passing through holes in covers, 
outlet boxes, or similar enclosures.
    (h) Portable cables over 600 volts, nominal. Multiconductor portable 
cable for use in supplying power to portable or mobile equipment at over 
600 volts, nominal, shall consist of No. 8 or larger conductors 
employing flexible stranding. Cables operated at over 2000 volts shall 
be shielded for the purpose of confining the voltage stresses to the 
insulation. Grounding conductors shall be provided. Connectors for these 
cables shall be of a locking type with provisions to prevent their 
opening or closing while energized. Strain relief shall be provided at 
connections and terminations. Portable cables shall not be

[[Page 239]]

operated with splices unless the splices are of the permanent molded, 
vulcanized, or other equivalent type. Termination enclosures shall be 
marked with a high voltage hazard warning, and terminations shall be 
accessible only to authorized and qualified personnel.
    (i) Fixture wires--(1) General. Fixture wires shall be suitable for 
the voltage, temperature, and location of use. A fixture wire which is 
used as a grounded conductor shall be identified.
    (2) Uses permitted. Fixture wires may be used:
    (i) For installation in lighting, fixtures and in similar equipment 
where enclosed or protected and not subject to bending or twisting in 
use; or
    (ii) For connecting lighting fixtures to the branch-circuit 
conductors supplying the fixtures.
    (3) Uses not permitted. Fixture wires shall not be used as branch-
circuit conductors except as permitted for Class 1 power-limited 
circuits.
    (j) Equipment for general use--(1) Lighting fixtures, lampholders, 
lamps, and receptacles--(i) Live parts. Fixtures, lampholders, lamps, 
rosettes, and receptacles shall have no live parts normally exposed to 
employee contact. However, rosettes and cleat-type lampholders and 
receptacles located at least 8 feet (2.44 m) above the floor may have 
exposed parts.
    (ii) Support. Fixtures, lampholders, rosettes, and receptacles shall 
be securely supported. A fixture that weighs more than 6 pounds (2.72 
kg) or exceeds 16 inches (406 mm) in any dimension shall not be 
supported by the screw shell of a lampholder.
    (iii) Portable lamps. Portable lamps shall be wired with flexible 
cord and an attachment plug of the polarized or grounding type. If the 
portable lamp uses an Edison-based lampholder, the grounded conductor 
shall be identified and attached to the screw shell and the identified 
blade of the attachment plug. In addition, portable handlamps shall 
comply with the following:
    (A) Metal shell, paperlined lampholders shall not be used;
    (B) Handlamps shall be equipped with a handle of molded composition 
or other insulating material;
    (C) Handlamps shall be equipped with a substantial guard attached to 
the lampholder or handle;
    (D) Metallic guards shall be grounded by the means of an equipment 
grounding conductor run within the power supply cord.
    (iv) Lampholders. Lampholders of the screw-shell type shall be 
installed for use as lampholders only. Lampholders installed in wet or 
damp locations shall be of the weatherproof type.
    (v) Fixtures. Fixtures installed in wet or damp locations shall be 
identified for the purpose and shall be installed so that water cannot 
enter or accumulate in wireways, lampholders, or other electrical parts.
    (2) Receptacles, cord connectors, and attachment plugs (caps)--(i) 
Configuration. Receptacles, cord connectors, and attachment plugs shall 
be constructed so that no receptacle or cord connector will accept an 
attachment plug with a different voltage or current rating than that for 
which the device is intended. However, a 20-ampere T-slot receptacle or 
cord connector may accept a 15-ampere attachment plug of the same 
voltage rating. Receptacles connected to circuits having different 
voltages, frequencies, or types of current (ac or dc) on the same 
premises shall be of such design that the attachment plugs used on these 
circuits are not interchangeable.
    (ii) Damp and wet locations. A receptacle installed in a wet or damp 
location shall be designed for the location.
    (3) Appliances--(i) Live parts. Appliances, other than those in 
which the current-carrying parts at high temperatures are necessarily 
exposed, shall have no live parts normally exposed to employee contact.
    (ii) Disconnecting means. A means shall be provided to disconnect 
each appliance.
    (iii) Rating. Each appliance shall be marked with its rating in 
volts and amperes or volts and watts.
    (4) Motors. This paragraph applies to motors, motor circuits, and 
controllers.
    (i) In sight from. If specified that one piece of equipment shall be 
``in sight from'' another piece of equipment, one shall be visible and 
not more than 50 feet (15.2 m) from the other.

[[Page 240]]

    (ii) Disconnecting means (A) A disconnecting means shall be located 
in sight from the controller location. The controller disconnecting 
means for motor branch circuits over 600 volts, nominal, may be out of 
sight of the controller, if the controller is marked with a warning 
label giving the location and identification of the disconnecting means 
which is to be locked in the open position.
    (B) The disconnecting means shall disconnect the motor and the 
controller from all ungrounded supply conductors and shall be so 
designed that no pole can be operated independently.
    (C) If a motor and the driven machinery are not in sight from the 
controller location, the installation shall comply with one of the 
following conditions:
    (1) The controller disconnecting means shall be capable of being 
locked in the open position.
    (2) A manually operable switch that will disconnect the motor from 
its source of supply shall be placed in sight from the motor location.
    (D) The disconnecting means shall plainly indicate whether it is in 
the open (off) or closed (on) position.
    (E) The disconnecting means shall be readily accessible. If more 
than one disconnect is provided for the same equipment, only one need be 
readily accessible.
    (F) An individual disconnecting means shall be provided for each 
motor, but a single disconnecting means may be used for a group of 
motors under any one of the following conditions:
    (1) If a number of motors drive special parts of a single machine or 
piece of apparatus, such as a metal or woodworking machine, crane, or 
hoist;
    (2) If a group of motors is under the protection of one set of 
branch-circuit protective devices; or
    (3) If a group of motors is in a single room in sight from the 
location of the disconnecting means.
    (iii) Motor overload, short-circuit, and ground-fault protection. 
Motors, motor-control apparatus, and motor branch-circuit conductors 
shall be protected against overheating due to motor overloads or failure 
to start, and against short-circuits or ground faults. These provisions 
do not require overload protection that will stop a motor where a 
shutdown is likely to introduce additional or increased hazards, as in 
the case of fire pumps, or where continued operation of a motor is 
necessary for a safe shutdown of equipment or process and motor overload 
sensing devices are connected to a supervised alarm.
    (iv) Protection of live parts--all voltages. (A) Stationary motors 
having commutators, collectors, and brush rigging located inside of 
motor end brackets and not conductively connected to supply circuits 
operating at more than 150 volts to ground need not have such parts 
guarded. Exposed live parts of motors and controllers operating at 50 
volts or more between terminals shall be guarded against accidental 
contact by any of the following:
    (1) By installation in a room or enclosure that is accessible only 
to qualified persons;
    (2) By installation on a balcony, gallery, or platform, so elevated 
and arranged as to exclude unqualified persons; or
    (3) By elevation 8 feet (2.44 m) or more above the floor.
    (B) Where live parts of motors or controllers operating at over 150 
volts to ground are guarded against accidental contact only by location, 
and where adjustment or other attendance may be necessary during the 
operation of the apparatus, insulating mats or platforms shall be 
provided so that the attendant cannot readily touch live parts unless 
standing on the mats or platforms.
    (5) Transformers--(i) Application. The following paragraphs cover 
the installation of all transformers, except:
    (A) Current transformers;
    (B) Dry-type transformers installed as a component part of other 
apparatus;
    (C) Transformers which are an integral part of an X-ray, high 
frequency, or electrostatic-coating apparatus;
    (D) Transformers used with Class 2 and Class 3 circuits, sign and 
outline lighting, electric discharge lighting, and power-limited fire-
protective signaling circuits.
    (ii) Operating voltage. The operating voltage of exposed live parts 
of transformer installations shall be indicated

[[Page 241]]

by warning signs or visible markings on the equipment or structure.
    (iii) Transformers over 35 kV. Dry-type, high fire point liquid-
insulated, and askarel-insulated transformers installed indoors and 
rated over 35 kV shall be in a vault.
    (iv) Oil-insulated transformers. If they present a fire hazard to 
employees, oil-insulated transformers installed indoors shall be in a 
vault.
    (v) Fire protection. Combustible material, combustible buildings and 
parts of buildings, fire escapes, and door and window openings shall be 
safeguarded from fires which may originate in oil-insulated transformers 
attached to or adjacent to a building or combustible material.
    (vi) Transformer vaults. Transformer vaults shall be constructed so 
as to contain fire and combustible liquids within the vault and to 
prevent unauthorized access. Locks and latches shall be so arranged that 
a vault door can be readily opened from the inside.
    (vii) Pipes and ducts. Any pipe or duct system foreign to the vault 
installation shall not enter or pass through a transformer vault.
    (viii) Material storage. Materials shall not be stored in 
transformer vaults.
    (6) Capacitors--(i) Drainage of stored charge. All capacitors, 
except surge capacitors or capacitors included as a component part of 
other apparatus, shall be provided with an automatic means of draining 
the stored charge and maintaining the discharged state after the 
capacitor is disconnected from its source of supply.
    (ii) Over 600 volts. Capacitors rated over 600 volts, nominal, shall 
comply with the following additional requirements:
    (A) Isolating or disconnecting switches (with no interrupting 
rating) shall be interlocked with the load interrupting device or shall 
be provided with prominently displayed caution signs to prevent 
switching load current.
    (B) For series capacitors the proper switching shall be assured by 
use of at least one of the following:
    (1) Mechanically sequenced isolating and bypass switches,
    (2) Interlocks, or
    (3) Switching procedure prominently displayed at the switching 
location.

[51 FR 25318, July 11, 1986, as amended at 61 FR 5510, Feb. 13, 1996; 85 
FR 8736, Feb. 18, 2020]



Sec.  1926.406  Specific purpose equipment and installations.

    (a) Cranes and hoists. This paragraph applies to the installation of 
electric equipment and wiring used in connection with cranes, monorail 
hoists, hoists, and all runways.
    (1) Disconnecting means--(i) Runway conductor disconnecting means. A 
readily accessible disconnecting means shall be provided between the 
runway contact conductors and the power supply.
    (ii) Disconnecting means for cranes and monorail hoists. A 
disconnecting means, capable of being locked in the open position, shall 
be provided in the leads from the runway contact conductors or other 
power supply on any crane or monorail hoist.
    (A) If this additional disconnecting means is not readily accessible 
from the crane or monorail hoist operating station, means shall be 
provided at the operating station to open the power circuit to all 
motors of the crane or monorail hoist.
    (B) The additional disconnect may be omitted if a monorail hoist or 
hand-propelled crane bridge installation meets all of the following:
    (1) The unit is floor controlled;
    (2) The unit is within view of the power supply disconnecting means; 
and
    (3) No fixed work platform has been provided for servicing the unit.
    (2) Control. A limit switch or other device shall be provided to 
prevent the load block from passing the safe upper limit of travel of 
any hoisting mechanism.
    (3) Clearance. The dimension of the working space in the direction 
of access to live parts which may require examination, adjustment, 
servicing, or maintenance while alive shall be a minimum of 2 feet 6 
inches (762 mm). Where controls are enclosed in cabinets, the door(s) 
shall open at least 90 degrees or be removable, or the installation 
shall provide equivalent access.
    (4) Grounding. All exposed metal parts of cranes, monorail hoists, 
hoists

[[Page 242]]

and accessories including pendant controls shall be metallically joined 
together into a continuous electrical conductor so that the entire crane 
or hoist will be grounded in accordance with Sec.  1926.404(f). Moving 
parts, other than removable accessories or attachments, having metal-to-
metal bearing surfaces shall be considered to be electrically connected 
to each other through the bearing surfaces for grounding purposes. The 
trolley frame and bridge frame shall be considered as electrically 
grounded through the bridge and trolley wheels and its respective tracks 
unless conditions such as paint or other insulating materials prevent 
reliable metal-to-metal contact. In this case a separate bonding 
conductor shall be provided.
    (b) Elevators, escalators, and moving walks--(1) Disconnecting 
means. Elevators, escalators, and moving walks shall have a single means 
for disconnecting all ungrounded main power supply conductors for each 
unit.
    (2) Control panels. If control panels are not located in the same 
space as the drive machine, they shall be located in cabinets with doors 
or panels capable of being locked closed.
    (c) Electric welders--disconnecting means--(1) Motor-generator, AC 
transformer, and DC rectifier arc welders. A disconnecting means shall 
be provided in the supply circuit for each motor-generator arc welder, 
and for each AC transformer and DC rectifier arc welder which is not 
equipped with a disconnect mounted as an integral part of the welder.
    (2) Resistance welders. A switch or circuit breaker shall be 
provided by which each resistance welder and its control equipment can 
be isolated from the supply circuit. The ampere rating of this 
disconnecting means shall not be less than the supply conductor 
ampacity.
    (d) X-Ray equipment--(1) Disconnecting means--(i) General. A 
disconnecting means shall be provided in the supply circuit. The 
disconnecting means shall be operable from a location readily accessible 
from the X-ray control. For equipment connected to a 120-volt branch 
circuit of 30 amperes or less, a grounding-type attachment plug cap and 
receptacle of proper rating may serve as a disconnecting means.
    (ii) More than one piece of equipment. If more than one piece of 
equipment is operated from the same high-voltage circuit, each piece or 
each group of equipment as a unit shall be provided with a high-voltage 
switch or equivalent disconnecting means. This disconnecting means shall 
be constructed, enclosed, or located so as to avoid contact by employees 
with its live parts.
    (2) Control--Radiographic and fluoroscopic types. Radiographic and 
fluoroscopic-type equipment shall be effectively enclosed or shall have 
interlocks that deenergize the equipment automatically to prevent ready 
access to live current-carrying parts.



Sec.  1926.407  Hazardous (classified) locations.

    (a) Scope. This section sets forth requirements for electric 
equipment and wiring in locations which are classified depending on the 
properties of the flammable vapors, liquids or gases, or combustible 
dusts or fibers which may be present therein and the likelihood that a 
flammable or combustible concentration or quantity is present. Each 
room, section or area shall be considered individually in determining 
its classification. These hazardous (classified) locations are assigned 
six designations as follows:

Class I, Division 1
Class I, Division 2
Class II, Division 1
Class II, Division 2
Class III, Division l
Class III, Division 2

    For definitions of these locations see Sec.  1926.449. All 
applicable requirements in this subpart apply to all hazardous 
(classified) locations, unless modified by provisions of this section.
    (b) Electrical installations. Equipment, wiring methods, and 
installations of equipment in hazardous (classified) locations shall be 
approved as intrinsically safe or approved for the hazardous 
(classified) location or safe for the hazardous (classified) location. 
Requirements for each of these options are as follows:

[[Page 243]]

    (1) Intrinsically safe. Equipment and associated wiring approved as 
intrinsically safe is permitted in any hazardous (classified) location 
included in its listing or labeling.
    (2) Approved for the hazardous (classified) location--(i) General. 
Equipment shall be approved not only for the class of location but also 
for the ignitible or combustible properties of the specific gas, vapor, 
dust, or fiber that will be present.

    Note: NFPA 70, the National Electrical Code, lists or defines 
hazardous gases, vapors, and dusts by ``Groups'' characterized by their 
ignitible or combustible properties.

    (ii) Marking. Equipment shall not be used unless it is marked to 
show the class, group, and operating temperature or temperature range, 
based on operation in a 40-degree C ambient, for which it is approved. 
The temperature marking shall not exceed the ignition temperature of the 
specific gas, vapor, or dust to be encountered. However, the following 
provisions modify this marking requirement for specific equipment:
    (A) Equipment of the non-heat-producing type (such as junction 
boxes, conduit, and fitting) and equipment of the heat-producing type 
having a maximum temperature of not more than 100 degrees C (212 degrees 
F) need not have a marked operating temperature or temperature range.
    (B) Fixed lighting fixtures marked for use only in Class I, Division 
2 locations need not be marked to indicate the group.
    (C) Fixed general-purpose equipment in Class I locations, other than 
lighting fixtures, which is acceptable for use in Class I, Division 2 
locations need not be marked with the class, group, division, or 
operating temperature.
    (D) Fixed dust-tight equipment, other than lighting fixtures, which 
is acceptable for use in Class II, Division 2 and Class III locations 
need not be marked with the class, group, division, or operating 
temperature.
    (3) Safe for the hazardous (classified) location. Equipment which is 
safe for the location shall be of a type and design which the employer 
demonstrates will provide protection from the hazards arising from the 
combustibility and flammability of vapors, liquids, gases, dusts, or 
fibers.

    Note: The National Electrical Code, NFPA 70, contains guidelines for 
determining the type and design of equipment and installations which 
will meet this requirement. The guidelines of this document address 
electric wiring, equipment, and systems installed in hazardous 
(classified) locations and contain specific provisions for the 
following: wiring methods, wiring connections, conductor insulation, 
flexible cords, sealing and drainage, transformers, capacitors, 
switches, circuit breakers, fuses, motor controllers, receptacles, 
attachment plugs, meters, relays, instruments, resistors, generators, 
motors, lighting fixtures, storage battery charging equipment, electric 
cranes, electric hoists and similar equipment, utilization equipment, 
signaling systems, alarm systems, remote control systems, local loud 
speaker and communication systems, ventilation piping, live parts, 
lightning surge protection, and grounding. Compliance with these 
guidelines will constitute one means, but not the only means, of 
compliance with this paragraph.

    (c) Conduits. All conduits shall be threaded and shall be made 
wrench-tight. Where it is impractical to make a threaded joint tight, a 
bonding jumper shall be utilized.

[51 FR 25318, July 11, 1986, as amended at 61 FR 5510, Feb. 13, 1996]



Sec.  1926.408  Special systems.

    (a) Systems over 600 volts, nominal. Paragraphs (a)(1) through 
(a)(4) of this section contain general requirements for all circuits and 
equipment operated at over 600 volts.
    (1) Wiring methods for fixed installations--(i) Above ground. Above-
ground conductors shall be installed in rigid metal conduit, in 
intermediate metal conduit, in cable trays, in cablebus, in other 
suitable raceways, or as open runs of metal-clad cable designed for the 
use and purpose. However, open runs of non-metallic-sheathed cable or of 
bare conductors or busbars may be installed in locations which are 
accessible only to qualified persons. Metallic shielding components, 
such as tapes, wires, or braids for conductors, shall be grounded. Open 
runs of insulated wires and cables having a bare lead sheath or a 
braided outer covering shall be supported in a manner designed to 
prevent physical damage to the braid or sheath.

[[Page 244]]

    (ii) Installations emerging from the ground. Conductors emerging 
from the ground shall be enclosed in raceways. Raceways installed on 
poles shall be of rigid metal conduit, intermediate metal conduit, PVC 
schedule 80 or equivalent extending from the ground line up to a point 8 
feet (2.44 m) above finished grade. Conductors entering a building shall 
be protected by an enclosure from the ground line to the point of 
entrance. Metallic enclosures shall be grounded.
    (2) Interrupting and isolating devices--(i) Circuit breakers. 
Circuit breakers located indoors shall consist of metal-enclosed or 
fire-resistant, cell-mounted units. In locations accessible only to 
qualified personnel, open mounting of circuit breakers is permitted. A 
means of indicating the open and closed position of circuit breakers 
shall be provided.
    (ii) Fused cutouts. Fused cutouts installed in buildings or 
transformer vaults shall be of a type identified for the purpose. They 
shall be readily accessible for fuse replacement.
    (iii) Equipment isolating means. A means shall be provided to 
completely isolate equipment for inspection and repairs. Isolating means 
which are not designed to interrupt the load current of the circuit 
shall be either interlocked with a circuit interrupter or provided with 
a sign warning against opening them under load.
    (3) Mobile and portable equipment--(i) Power cable connections to 
mobile machines. A metallic enclosure shall be provided on the mobile 
machine for enclosing the terminals of the power cable. The enclosure 
shall include provisions for a solid connection for the ground wire(s) 
terminal to ground effectively the machine frame. The method of cable 
termination used shall prevent any strain or pull on the cable from 
stressing the electrical connections. The enclosure shall have provision 
for locking so only authorized qualified persons may open it and shall 
be marked with a sign warning of the presence of energized parts.
    (ii) Guarding live parts. All energized switching and control parts 
shall be enclosed in effectively grounded metal cabinets or enclosures. 
Circuit breakers and protective equipment shall have the operating means 
projecting through the metal cabinet or enclosure so these units can be 
reset without locked doors being opened. Enclosures and metal cabinets 
shall be locked so that only authorized qualified persons have access 
and shall be marked with a sign warning of the presence of energized 
parts. Collector ring assemblies on revolving-type machines (shovels, 
draglines, etc.) shall be guarded.
    (4) Tunnel installations--(i) Application. The provisions of this 
paragraph apply to installation and use of high-voltage power 
distribution and utilization equipment which is associated with tunnels 
and which is portable and/or mobile, such as substations, trailers, 
cars, mobile shovels, draglines, hoists, drills, dredges, compressors, 
pumps, conveyors, and underground excavators.
    (ii) Conductors. Conductors in tunnels shall be installed in one or 
more of the following:
    (A) Metal conduit or other metal raceway,
    (B) Type MC cable, or
    (C) Other suitable multiconductor cable. Conductors shall also be so 
located or guarded as to protect them from physical damage. 
Multiconductor portable cable may supply mobile equipment. An equipment 
grounding conductor shall be run with circuit conductors inside the 
metal raceway or inside the multiconductor cable jacket. The equipment 
grounding conductor may be insulated or bare.
    (iii) Guarding live parts. Bare terminals of transformers, switches, 
motor controllers, and other equipment shall be enclosed to prevent 
accidental contact with energized parts. Enclosures for use in tunnels 
shall be drip-proof, weatherproof, or submersible as required by the 
environmental conditions.
    (iv) Disconnecting means. A disconnecting means that simultaneously 
opens all ungrounded conductors shall be installed at each transformer 
or motor location.
    (v) Grounding and bonding. All nonenergized metal parts of electric 
equipment and metal raceways and cable sheaths shall be grounded and 
bonded

[[Page 245]]

to all metal pipes and rails at the portal and at intervals not 
exceeding 1000 feet (305 m) throughout the tunnel.
    (b) Class 1, Class 2, and Class 3 remote control, signaling, and 
power-limited circuits--(1) Classification. Class 1, Class 2, or Class 3 
remote control, signaling, or power-limited circuits are characterized 
by their usage and electrical power limitation which differentiates them 
from light and power circuits. These circuits are classified in 
accordance with their respective voltage and power limitations as 
summarized in paragraphs (b)(1)(i) through (b)(1)(iii) of this section.
    (i) Class 1 circuits. (A) A Class 1 power-limited circuit is 
supplied from a source having a rated output of not more than 30 volts 
and 1000 volt-amperes.
    (B) A Class 1 remote control circuit or a Class 1 signaling circuit 
has a voltage which does not exceed 600 volts; however, the power output 
of the source need not be limited.
    (ii) Class 2 and Class 3 circuits. (A) Power for Class 2 and Class 3 
circuits is limited either inherently (in which no overcurrent 
protection is required) or by a combination of a power source and 
overcurrent protection.
    (B) The maximum circuit voltage is 150 volts AC or DC for a Class 2 
inherently limited power source, and 100 volts AC or DC for a Class 3 
inherently limited power source.
    (C) The maximum circuit voltage is 30 volts AC and 60 volts DC for a 
Class 2 power source limited by overcurrent protection, and 150 volts AC 
or DC for a Class 3 power source limited by overcurrent protection.
    (iii) Application. The maximum circuit voltages in paragraphs 
(b)(1)(i) and (b)(1)(ii) of this section apply to sinusoidal AC or 
continuous DC power sources, and where wet contact occurrence is not 
likely.
    (2) Marking. A Class 2 or Class 3 power supply unit shall not be 
used unless it is durably marked where plainly visible to indicate the 
class of supply and its electrical rating.
    (c) Communications systems--(1) Scope. These provisions for 
communication systems apply to such systems as central-station-connected 
and non-central-station-connected telephone circuits, radio receiving 
and transmitting equipment, and outside wiring for fire and burglar 
alarm, and similar central station systems. These installations need not 
comply with the provisions of Sec. Sec.  1926.403 through 1926.408(b), 
except Sec.  1926.404(c)(1)(ii) and Sec.  1926.407.
    (2) Protective devices--(i) Circuits exposed to power conductors. 
Communication circuits so located as to be exposed to accidental contact 
with light or power conductors operating at over 300 volts shall have 
each circuit so exposed provided with an approved protector.
    (ii) Antenna lead-ins. Each conductor of a lead-in from an outdoor 
antenna shall be provided with an antenna discharge unit or other means 
that will drain static charges from the antenna system.
    (3) Conductor location. (i) Outside of buildings--(A) Receiving 
distribution lead-in or aerial-drop cables attached to buildings and 
lead-in conductors to radio transmitters shall be so installed as to 
avoid the possibility of accidental contact with electric light or power 
conductors.
    (B) The clearance between lead-in conductors and any lightning 
protection conductors shall not be less than 6 feet (1.83 m).
    (ii) On poles. Where practicable, communication conductors on poles 
shall be located below the light or power conductors. Communications 
conductors shall not be attached to a crossarm that carries light or 
power conductors.
    (iii) Inside of buildings. Indoor antennas, lead-ins, and other 
communication conductors attached as open conductors to the inside of 
buildings shall be located at least 2 inches (50.8 mm) from conductors 
of any light or power or Class 1 circuits unless a special and equally 
protective method of conductor separation is employed.
    (4) Equipment location. Outdoor metal structures supporting 
antennas, as well as self-supporting antennas such as vertical rods or 
dipole structures, shall be located as far away from overhead conductors 
of electric light and power circuits of over 150 volts to ground as 
necessary to avoid the possibility of the antenna or structure falling 
into or

[[Page 246]]

making accidental contact with such circuits.
    (5) Grounding--(i) Lead-in conductors. If exposed to contact with 
electric light or power conductors, the metal sheath of aerial cables 
entering buildings shall be grounded or shall be interrupted close to 
the entrance to the building by an insulating joint or equivalent 
device. Where protective devices are used, they shall be grounded.
    (ii) Antenna structures. Masts and metal structures supporting 
antennas shall be permanently and effectively grounded without splice or 
connection in the grounding conductor.
    (iii) Equipment enclosures. Transmitters shall be enclosed in a 
metal frame or grill or separated from the operating space by a barrier, 
all metallic parts of which are effectively connected to ground. All 
external metal handles and controls accessible to the operating 
personnel shall be effectively grounded. Unpowered equipment and 
enclosures shall be considered grounded where connected to an attached 
coaxial cable with an effectively grounded metallic shield.

[51 FR 25318, July 11, 1986, as amended at 61 FR 5510, Feb. 13, 1996]



Sec. Sec.  1926.409-1926.415  [Reserved]

                      Safety-Related Work Practices



Sec.  1926.416  General requirements.

    (a) Protection of employees. (1) No employer shall permit an 
employee to work in such proximity to any part of an electric power 
circuit that the employee could contact the electric power circuit in 
the course of work, unless the employee is protected against electric 
shock by deenergizing the circuit and grounding it or by guarding it 
effectively by insulation or other means.
    (2) In work areas where the exact location of underground electric 
powerlines is unknown, employees using jack-hammers, bars, or other hand 
tools which may contact a line shall be provided with insulated 
protective gloves.
    (3) Before work is begun the employer shall ascertain by inquiry or 
direct observation, or by instruments, whether any part of an energized 
electric power circuit, exposed or concealed, is so located that the 
performance of the work may bring any person, tool, or machine into 
physical or electrical contact with the electric power circuit. The 
employer shall post and maintain proper warning signs where such a 
circuit exists. The employer shall advise employees of the location of 
such lines, the hazards involved, and the protective measures to be 
taken.
    (b) Passageways and open spaces---(1) Barriers or other means of 
guarding shall be provided to ensure that workspace for electrical 
equipment will not be used as a passageway during periods when energized 
parts of electrical equipment are exposed.
    (2) Working spaces, walkways, and similar locations shall be kept 
clear of cords so as not to create a hazard to employees.
    (c) Load ratings. In existing installations, no changes in circuit 
protection shall be made to increase the load in excess of the load 
rating of the circuit wiring.
    (d) Fuses. When fuses are installed or removed with one or both 
terminals energized, special tools insulated for the voltage shall be 
used.
    (e) Cords and cables. (1) Worn or frayed electric cords or cables 
shall not be used.
    (2) Extension cords shall not be fastened with staples, hung from 
nails, or suspended by wire.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 55 
FR 42328, Oct. 18, 1990; 58 FR 35179, June 30, 1993; 61 FR 9251, Mar. 7, 
1996; 61 FR 41738, Aug. 12, 1996]



Sec.  1926.417  Lockout and tagging of circuits.

    (a) Controls. Controls that are to be deactivated during the course 
of work on energized or deenergized equipment or circuits shall be 
tagged.
    (b) Equipment and circuits. Equipment or circuits that are 
deenergized shall be rendered inoperative and shall have tags attached 
at all points where such equipment or circuits can be energized.
    (c) Tags. Tags shall be placed to identify plainly the equipment or 
circuits being worked on.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 55 
FR 42328, Oct. 18, 1990; 58 FR 35181, June 30, 1993; 61 FR 9251, Mar. 7, 
1996; 61 FR 41739, Aug. 12, 1996]]

[[Page 247]]



Sec. Sec.  1926.418-1926.430  [Reserved]

       Safety-Related Maintenance and Environmental Considerations



Sec.  1926.431  Maintenance of equipment.

    The employer shall ensure that all wiring components and utilization 
equipment in hazardous locations are maintained in a dust-tight, dust-
ignition-proof, or explosion-proof condition, as appropriate. There 
shall be no loose or missing screws, gaskets, threaded connections, 
seals, or other impairments to a tight condition.



Sec.  1926.432  Environmental deterioration of equipment.

    (a) Deteriorating agents. (1) Unless identified for use in the 
operating environment, no conductors or equipment shall be located:
    (i) In damp or wet locations;
    (ii) Where exposed to gases, fumes, vapors, liquids, or other agents 
having a deteriorating effect on the conductors or equipment; or
    (iii) Where exposed to excessive temperatures.
    (2) Control equipment, utilization equipment, and busways approved 
for use in dry locations only shall be protected against damage from the 
weather during building construction.
    (b) Protection against corrosion. Metal raceways, cable armor, 
boxes, cable sheathing, cabinets, elbows, couplings, fittings, supports, 
and support hardware shall be of materials appropriate for the 
environment in which they are to be installed.



Sec. Sec.  1926.433-1926.440  [Reserved]

                Safety Requirements for Special Equipment



Sec.  1926.441  Batteries and battery charging.

    (a) General requirements. (1) Batteries of the unsealed type shall 
be located in enclosures with outside vents or in well ventilated rooms 
and shall be arranged so as to prevent the escape of fumes, gases, or 
electrolyte spray into other areas.
    (2) Ventilation shall be provided to ensure diffusion of the gases 
from the battery and to prevent the accumulation of an explosive 
mixture.
    (3) Racks and trays shall be substantial and shall be treated to 
make them resistant to the electrolyte.
    (4) Floors shall be of acid resistant construction unless protected 
from acid accumulations.
    (5) Face shields, aprons, and rubber gloves shall be provided for 
workers handling acids or batteries.
    (6) Facilities for quick drenching of the eyes and body shall be 
provided within 25 feet (7.62 m) of battery handling areas.
    (7) Facilities shall be provided for flushing and neutralizing 
spilled electrolyte and for fire protection.
    (b) Charging. (1) Battery charging installations shall be located in 
areas designated for that purpose.
    (2) Charging apparatus shall be protected from damage by trucks.
    (3) When batteries are being charged, the vent caps shall be kept in 
place to avoid electrolyte spray. Vent caps shall be maintained in 
functioning condition.



Sec. Sec.  1926.442-1926.448  [Reserved]

                               Definitions



Sec.  1926.449  Definitions applicable to this subpart.

    The definitions given in this section apply to the terms used in 
subpart K. The definitions given here for ``approved'' and ``qualified 
person'' apply, instead of the definitions given in Sec.  1926.32, to 
the use of these terms in subpart K.
    Acceptable. An installation or equipment is acceptable to the 
Assistant Secretary of Labor, and approved within the meaning of this 
subpart K:
    (a) If it is accepted, or certified, or listed, or labeled, or 
otherwise determined to be safe by a qualified testing laboratory 
capable of determining the suitability of materials and equipment for 
installation and use in accordance with this standard; or
    (b) With respect to an installation or equipment of a kind which no 
qualified testing laboratory accepts, certifies, lists, labels, or 
determines to be safe, if it is inspected or tested by another Federal 
agency, or by a State, municipal, or other local authority responsible 
for enforcing occupational safety provisions of the National Electrical

[[Page 248]]

Code, and found in compliance with those provisions; or
    (c) With respect to custom-made equipment or related installations 
which are designed, fabricated for, and intended for use by a particular 
customer, if it is determined to be safe for its intended use by its 
manufacturer on the basis of test data which the employer keeps and 
makes available for inspection to the Assistant Secretary and his 
authorized representatives.
    Accepted. An installation is ``accepted'' if it has been inspected 
and found to be safe by a qualified testing laboratory.
    Accessible. (As applied to wiring methods.) Capable of being removed 
or exposed without damaging the building structure or finish, or not 
permanently closed in by the structure or finish of the building. (See 
``concealed'' and ``exposed.'')
    Accessible. (As applied to equipment.) Admitting close approach; not 
guarded by locked doors, elevation, or other effective means. 
(See``Readily accessible.'')
    Ampacity. The current in amperes a conductor can carry continuously 
under the conditions of use without exceeding its temperature rating.
    Appliances. Utilization equipment, generally other than industrial, 
normally built in standardized sizes or types, which is installed or 
connecetcd as a unit to perform one or more functions.
    Approved. Acceptable to the authority enforcing this subpart. The 
authority enforcing this subpart is the Assistant Secretary of Labor for 
Occupational Safety and Health. The definition of ``acceptable'' 
indicates what is acceptable to the Assistant Secretary of Labor, and 
therefore approved within the meaning of this subpart.
    Askarel. A generic term for a group of nonflammable synthetic 
chlorinated hydrocarbons used as electrical insulating media. Askarels 
of various compositional types are used. Under arcing conditions the 
gases produced, while consisting predominantly of noncombustible 
hydrogen chloride, can include varying amounts of combustible gases 
depending upon the askarel type.
    Attachment plug (Plug cap)(Cap). A device which, by insertion in a 
receptacle, establishes connection between the conductors of the 
attached flexible cord and the conductors connected permanently to the 
receptacle.
    Automatic. Self-acting, operating by its own mechanism when actuated 
by some impersonal influence, as for example, a change in current 
strength, pressure, temperature, or mechanical configuration.
    Bare conductor. See ``Conductor.''
    Bonding. The permanent joining of metallic parts to form an 
electrically conductive path which will assure electrical continuity and 
the capacity to conduct safely any current likely to be imposed.
    Bonding jumper. A reliable conductor to assure the required 
electrical conductivity between metal parts required to be electrically 
connected.
    Branch circuit. The circuit conductors between the final overcurrent 
device protecting the circuit and the outlet(s).
    Building. A structure which stands alone or which is cut off from 
adjoining structures by fire walls with all openings therein protected 
by approved fire doors.
    Cabinet. An enclosure designed either for surface or flush mounting, 
and provided with a frame, mat, or trim in which a swinging door or 
doors are or may be hung.
    Certified. Equipment is ``certified'' if it:
    (a) Has been tested and found by a qualified testing laboratory to 
meet applicable test standards or to be safe for use in a specified 
manner, and
    (b) Is of a kind whose production is periodically inspected by a 
qualified testing laboratory. Certified equipment must bear a label, 
tag, or other record of certification.
    Circuit breaker--(a) (600 volts nominal, or less.) A device designed 
to open and close a circuit by nonautomatic means and to open the 
circuit automatically on a predetermined overcurrent without injury to 
itself when properly applied within its rating.
    (b) (Over 600 volts, nominal.) A switching device capable of making, 
carrying, and breaking currents under normal circuit conditions, and 
also making, carrying for a specified time, and breaking currents under 
specified

[[Page 249]]

abnormal circuit conditions, such as those of short circuit.
    Class I locations. Class I locations are those in which flammable 
gases or vapors are or may be present in the air in quantities 
sufficient to produce explosive or ignitible mixtures. Class I locations 
include the following:
    (a) Class I, Division 1. A Class I, Division 1 location is a 
location:
    (1) In which ignitible concentrations of flammable gases or vapors 
may exist under normal operating conditions; or
    (2) In which ignitible concentrations of such gases or vapors may 
exist frequently because of repair or maintenance operations or because 
of leakage; or
    (3) In which breakdown or faulty operation of equipment or processes 
might release ignitible concentrations of flammable gases or vapors, and 
might also cause simultaneous failure of electric equipment.

    Note: This classification usually includes locations where volatile 
flammable liquids or liquefied flammable gases are transferred from one 
container to another; interiors of spray booths and areas in the 
vicinity of spraying and painting operations where volatile flammable 
solvents are used; locations containing open tanks or vats of volatile 
flammable liquids; drying rooms or compartments for the evaporation of 
flammable solvents; inadequately ventilated pump rooms for flammable gas 
or for volatile flammable liquids; and all other locations where 
ignitible concentrations of flammable vapors or gases are likely to 
occur in the course of normal operations.

    (b) Class I, Division 2. A Class I, Division 2 location is a 
location:
    (1) In which volatile flammable liquids or flammable gases are 
handled, processed, or used, but in which the hazardous liquids, vapors, 
or gases will normally be confined within closed containers or closed 
systems from which they can escape only in case of accidental rupture or 
breakdown of such containers or systems, or in case of abnormal 
operation of equipment; or
    (2) In which ignitible concentrations of gases or vapors are 
normally prevented by positive mechanical ventilation, and which might 
become hazardous through failure or abnormal operations of the 
ventilating equipment; or
    (3) That is adjacent to a Class I, Division 1 location, and to which 
ignitible concentrations of gases or vapors might occasionally be 
communicated unless such communication is prevented by adequate 
positive-pressure ventilation from a source of clean air, and effective 
safeguards against ventilation failure are provided.

    Note: This classification usually includes locations where volatile 
flammable liquids or flammable gases or vapors are used, but which would 
become hazardous only in case of an accident or of some unusual 
operating condition. The quantity of flammable material that might 
escape in case of accident, the adequacy of ventilating equipment, the 
total area involved, and the record of the industry or business with 
respect to explosions or fires are all factors that merit consideration 
in determining the classification and extent of each location.
    Piping without valves, checks, meters, and similar devices would not 
ordinarily introduce a hazardous condition even though used for 
flammable liquids or gases. Locations used for the storage of flammable 
liquids or of liquefied or compressed gases in sealed containers would 
not normally be considered hazardous unless also subject to other 
hazardous conditions.
    Electrical conduits and their associated enclosures separated from 
process fluids by a single seal or barrier are classed as a Division 2 
location if the outside of the conduit and enclosures is a nonhazardous 
location.

    Class II locations. Class II locations are those that are hazardous 
because of the presence of combustible dust. Class II locations include 
the following:
    (a) Class II, Division 1. A Class II, Division 1 location is a 
location:
    (1) In which combustible dust is or may be in suspension in the air 
under normal operating conditions, in quantities sufficient to produce 
explosive or ignitible mixtures; or
    (2) Where mechanical failure or abnormal operation of machinery or 
equipment might cause such explosive or ignitible mixtures to be 
produced, and might also provide a source of ignition through 
simultaneous failure of electric equipment, operation of protection 
devices, or from other causes, or
    (3) In which combustible dusts of an electrically conductive nature 
may be present.


[[Page 250]]


    Note: Combustible dusts which are electrically nonconductive include 
dusts produced in the handling and processing of grain and grain 
products, pulverized sugar and cocoa, dried egg and milk powders, 
pulverized spices, starch and pastes, potato and woodflour, oil meal 
from beans and seed, dried hay, and other organic materials which may 
produce combustible dusts when processed or handled. Dusts containing 
magnesium or aluminum are particularly hazardous and the use of extreme 
caution is necessary to avoid ignition and explosion.

    (b) Class II, Division 2. A Class II, Division 2 location is a 
location in which:
    (1) Combustible dust will not normally be in suspension in the air 
in quantities sufficient to produce explosive or ignitible mixtures, and 
dust accumulations are normally insufficient to interfere with the 
normal operation of electrical equipment or other apparatus; or
    (2) Dust may be in suspension in the air as a result of infrequent 
malfunctioning of handling or processing equipment, and dust 
accumulations resulting therefrom may be ignitible by abnormal operation 
or failure of electrical equipment or other apparatus.

    Note: This classification includes locations where dangerous 
concentrations of suspended dust would not be likely but where dust 
accumulations might form on or in the vicinity of electric equipment. 
These areas may contain equipment from which appreciable quantities of 
dust would escape under abnormal operating conditions or be adjacent to 
a Class II Division 1 location, as described above, into which an 
explosive or ignitible concentration of dust may be put into suspension 
under abnormal operating conditions.

    Class III locations. Class III locations are those that are 
hazardous because of the presence of easily ignitible fibers or flyings 
but in which such fibers or flyings are not likely to be in suspension 
in the air in quantities sufficient to produce ignitible mixtures. Class 
111 locations include the following:
    (a) Class III, Division 1. A Class III, Division 1 location is a 
location in which easily ignitible fibers or materials producing 
combustible flyings are handled, manufactured, or used.

    Note: Easily ignitible fibers and flyings include rayon, cotton 
(including cotton linters and cotton waste), sisal or henequen, istle, 
jute, hemp, tow, cocoa fiber, oakum, baled waste kapok, Spanish moss, 
excelsior, sawdust, woodchips, and other material of similar nature.

    (b) Class III, Division 2. A Class III, Division 2 location is a 
location in which easily ignitible fibers are stored or handled, except 
in process of manufacture.
    Collector ring. A collector ring is an assembly of slip rings for 
transferring electrical energy from a stationary to a rotating member.
    Concealed. Rendered inaccessible by the structure or finish of the 
building. Wires in concealed raceways are considered concealed, even 
though they may become accessible by withdrawing them. [See 
``Accessible. (As applied to wiring methods.)'']
    Conductor--(a) Bare. A conductor having no covering or electrical 
insulation whatsoever.
    (b) Covered. A conductor encased within material of composition or 
thickness that is not recognized as electrical insulation.
    (c) Insulated. A conductor encased within material of composition 
and thickness that is recognized as electrical insulation.
    Controller. A device or group of devices that serves to govern, in 
some predetermined manner, the electric power delivered to the apparatus 
to which it is connected.
    Covered conductor. See ``Conductor.''
    Cutout. (Over 600 volts, nominal.) An assembly of a fuse support 
with either a fuseholder, fuse carrier, or disconnecting blade. The 
fuseholder or fuse carrier may include a conducting element (fuse link), 
or may act as the disconnecting blade by the inclusion of a nonfusible 
member.
    Cutout box. An enclosure designed for surface mounting and having 
swinging doors or covers secured directly to and telescoping with the 
walls of the box proper. (See ``Cabinet.'')
    Damp location. See ``Location.''
    Dead front. Without live parts exposed to a person on the operating 
side of the equipment.
    Device. A unit of an electrical system which is intended to carry 
but not utilize electric energy.
    Disconnecting means. A device, or group of devices, or other means 
by which the conductors of a circuit can

[[Page 251]]

be disconnected from their source of supply.
    Disconnecting (or Isolating) switch. (Over 600 volts, nominal.) A 
mechanical switching device used for isolating a circuit or equipment 
from a source of power.
    Dry location. See ``Location.''
    Enclosed. Surrounded by a case, housing, fence or walls which will 
prevent persons from accidentally contacting energized parts.
    Enclosure. The case or housing of apparatus, or the fence or walls 
surrounding an installation to prevent personnel from accidentally 
contacting energized parts, or to protect the equipment from physical 
damage.
    Equipment. A general term including material, fittings, devices, 
appliances, fixtures, apparatus, and the like, used as a part of, or in 
connection with, an electrical installation.
    Equipment grounding conductor. See ``Grounding conductor, 
equipment.''
    Explosion-proof apparatus. Apparatus enclosed in a case that is 
capable of withstanding an explosion of a specified gas or vapor which 
may occur within it and of preventing the ignition of a specified gas or 
vapor surrounding the enclosure by sparks, flashes, or explosion of the 
gas or vapor within, and which operates at such an external temperature 
that it will not ignite a surrounding flammable atmosphere.
    Exposed. (As applied to live parts.) Capable of being inadvertently 
touched or approached nearer than a safe distance by a person. It is 
applied to parts not suitably guarded, isolated, or insulated. (See 
``Accessible and ``Concealed.'')
    Exposed. (As applied to wiring methods.) On or attached to the 
surface or behind panels designed to allow access. [See ``Accessible. 
(As applied to wiring methods.)'']
    Exposed. (For the purposes of Sec.  1926.408(d), Communications 
systems.) Where the circuit is in such a position that in case of 
failure of supports or insulation, contact with another circuit may 
result.
    Externally operable. Capable of being operated without exposing the 
operator to contact with live parts.
    Feeder. All circuit conductors between the service equipment, or the 
generator switchboard of an isolated plant, and the final branch-circuit 
overcurrent device.
    Festoon lighting. A string of outdoor lights suspended between two 
points more than 15 feet (4.57 m) apart.
    Fitting. An accessory such as a locknut, bushing, or other part of a 
wiring system that is intended primarily to perform a mechanical rather 
than an electrical function.
    Fuse. (Over 600 volts, nominal.) An overcurrent protective device 
with a circuit opening fusible part that is heated and severed by the 
passage of overcurrent through it. A fuse comprises all the parts that 
form a unit capable of performing the prescribed functions. It may or 
may not be the complete device necessary to connect it into an 
electrical circuit.
    Ground. A conducting connection, whether intentional or accidental, 
between an electrical circuit or equipment and the earth, or to some 
conducting body that serves in place of the earth.
    Grounded. Connected to earth or to some conducting body that serves 
in place of the earth.
    Grounded, effectively (Over 600 volts, nominal.) Permanently 
connected to earth through a ground connection of sufficiently low 
impedance and having sufficient ampacity that ground fault current which 
may occur cannot build up to voltages dangerous to personnel.
    Grounded conductor. A system or circuit conductor that is 
intentionally grounded.
    Grounding conductor. A conductor used to connect equipment or the 
grounded circuit of a wiring system to a grounding electrode or 
electrodes.
    Grounding conductor, equipment. The conductor used to connect the 
noncurrent-carrying metal parts of equipment, raceways, and other 
enclosures to the system grounded conductor and/or the grounding 
electrode conductor at the service equipment or at the source of a 
separately derived system.
    Grounding electrode conductor. The conductor used to connect the 
grounding electrode to the equipment grounding conductor and/or to the 
grounded conductor of the circuit at the service equipment or at the 
source of a separately derived system.

[[Page 252]]

    Ground-fault circuit interrupter. A device for the protection of 
personnel that functions to deenergize a circuit or portion thereof 
within an established period of time when a current to ground exceeds 
some predetermined value that is less than that required to operate the 
overcurrent protective device of the supply circuit.
    Guarded. Covered, shielded, fenced, enclosed, or otherwise protected 
by means of suitable covers, casings, barriers, rails, screens, mats, or 
platforms to remove the likelihood of approach to a point of danger or 
contact by persons or objects.
    Hoistway. Any shaftway, hatchway, well hole, or other vertical 
opening or space in which an elevator or dumbwaiter is designed to 
operate.
    Identified (conductors or terminals). Identified, as used in 
reference to a conductor or its terminal, means that such conductor or 
terminal can be recognized as grounded.
    Identified (for the use). Recognized as suitable for the specific 
purpose, function, use, environment, application, etc. where described 
as a requirement in this standard. Suitability of equipment for a 
specific purpose, environment, or application is determined by a 
qualified testing laboratory where such identification includes labeling 
or listing.
    Insulated conductor. See ``Conductor.''
    Interrupter switch. (Over 600 volts, nominal.) A switch capable of 
making, carrying, and interrupting specified currents.
    Intrinsically safe equipment and associated wiring. Equipment and 
associated wiring in which any spark or thermal effect, produced either 
normally or in specified fault conditions, is incapable, under certain 
prescribed test conditions, of causing ignition of a mixture of 
flammable or combustible material in air in its most easily ignitible 
concentration.
    Isolated. Not readily accessible to persons unless special means for 
access are used.
    Isolated power system. A system comprising an isolating transformer 
or its equivalent, a line isolation monitor, and its ungrounded circuit 
conductors.
    Labeled. Equipment or materials to which has been attached a label, 
symbol or other identifying mark of a qualified testing laboratory which 
indicates compliance with appropriate standards or performance in a 
specified manner.
    Lighting outlet. An outlet intended for the direct connection of a 
lampholder, a lighting fixture, or a pendant cord terminating in a 
lampholder.
    Listed. Equipment or materials included in a list published by a 
qualified testing laboratory whose listing states either that the 
equipment or material meets appropriate standards or has been tested and 
found suitable for use in a specified manner.
    Location--(a) Damp location. Partially protected locations under 
canopies, marquees, roofed open porches, and like locations, and 
interior locations subject to moderate degrees of moisture, such as some 
basements.
    (b) Dry location. A location not normally subject to dampness or 
wetness. A location classified as dry may be temporarily subject to 
dampness or wetness, as in the case of a building under construction.
    (c) Wet location. Installations underground or in concrete slabs or 
masonry in direct contact with the earth, and locations subject to 
saturation with water or other liquids, such as locations exposed to 
weather and unprotected.
    Mobile X-ray. X-ray equipment mounted on a permanent base with 
wheels and/or casters for moving while completely assembled.
    Motor control center. An assembly of one or more enclosed sections 
having a common power bus and principally containing motor control 
units.
    Outlet. A point on the wiring system at which current is taken to 
supply utilization equipment.
    Overcurrent. Any current in excess of the rated current of equipment 
or the ampacity of a conductor. It may result from overload (see 
definition), short circuit, or ground fault. A current in excess of 
rating may be accommodated by certain equipment and conductors for a 
given set of conditions. Hence the rules for overcurrent protection are 
specific for particular situations.
    Overload. Operation of equipment in excess of normal, full load 
rating, or of a conductor in excess of rated

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ampacity which, when it persists for a sufficient length of time, would 
cause damage or dangerous overheating. A fault, such as a short circuit 
or ground fault, is not an overload. (See``Overcurrent.'')
    Panelboard. A single panel or group of panel units designed for 
assembly in the form of a single panel; including buses, automatic 
overcurrent devices, and with or without switches for the control of 
light, heat, or power circuits; designed to be placed in a cabinet or 
cutout box placed in or against a wall or partition and accessible only 
from the front. (See ``Switchboard.'')
    Portable X-ray. X-ray equipment designed to be hand-carried.
    Power fuse. (Over 600 volts, nominal.) See ``Fuse.''
    Power outlet. An enclosed assembly which may include receptacles, 
circuit breakers, fuseholders, fused switches, buses and watt-hour meter 
mounting means; intended to serve as a means for distributing power 
required to operate mobile or temporarily installed equipment.
    Premises wiring system. That interior and exterior wiring, including 
power, lighting, control, and signal circuit wiring together with all of 
its associated hardware, fittings, and wiring devices, both permanently 
and temporarily installed, which extends from the load end of the 
service drop, or load end of the service lateral conductors to the 
outlet(s). Such wiring does not include wiring internal to appliances, 
fixtures, motors, controllers, motor control centers, and similar 
equipment.
    Qualified person. One familiar with the construction and operation 
of the equipment and the hazards involved.
    Qualified testing laboratory. A properly equipped and staffed 
testing laboratory which has capabilities for and which provides the 
following services:
    (a) Experimental testing for safety of specified items of equipment 
and materials referred to in this standard to determine compliance with 
appropriate test standards or performance in a specified manner;
    (b) Inspecting the run of such items of equipment and materials at 
factories for product evaluation to assure compliance with the test 
standards;
    (c) Service-value determinations through field inspections to 
monitor the proper use of labels on products and with authority for 
recall of the label in the event a hazardous product is installed;
    (d) Employing a controlled procedure for identifying the listed and/
or labeled equipment or materials tested; and
    (e) Rendering creditable reports or findings that are objective and 
without bias of the tests and test methods employed.
    Raceway. A channel designed expressly for holding wires, cables, or 
busbars, with additional functions as permitted in this subpart. 
Raceways may be of metal or insulating material, and the term includes 
rigid metal conduit, rigid nonmetallic conduit, intermediate metal 
conduit, liquidtight flexible metal conduit, flexible metallic tubing, 
flexible metal conduit, electrical metallic tubing, underfloor raceways, 
cellular concrete floor raceways, cellular metal floor raceways, surface 
raceways, wireways, and busways.
    Readily accessible. Capable of being reached quickly for operation, 
renewal, or inspections, without requiring those to whom ready access is 
requisite to climb over or remove obstacles or to resort to portable 
ladders, chairs, etc. (See ``Accessible.'')
    Receptacle. A receptacle is a contact device installed at the outlet 
for the connection of a single attachment plug. A single receptacle is a 
single contact device with no other contact device on the same yoke. A 
multiple receptacle is a single device containing two or more 
receptacles.
    Receptacle outlet. An outlet where one or more receptacles are 
installed.
    Remote-control circuit. Any electric circuit that controls any other 
circuit through a relay or an equivalent device.
    Sealable equipment. Equipment enclosed in a case or cabinet that is 
provided with a means of sealing or locking so that live parts cannot be 
made accessible without opening the enclosure. The equipment may or may 
not be operable without opening the enclosure.
    Separately derived system. A premises wiring system whose power is 
derived

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from generator, transformer, or converter windings and has no direct 
electrical connection, including a solidly connected grounded circuit 
conductor, to supply conductors originating in another system.
    Service. The conductors and equipment for delivering energy from the 
electricity supply system to the wiring system of the premises served.
    Service conductors. The supply conductors that extend from the 
street main or from transformers to the service equipment of the 
premises supplied.
    Service drop. The overhead service conductors from the last pole or 
other aerial support to and including the splices, if any, connecting to 
the service-entrance conductors at the building or other structure.
    Service-entrance conductors, overhead system. The service conductors 
between the terminals of the service equipment and a point usually 
outside the building, clear of building walls, where joined by tap or 
splice to the service drop.
    Service-entrance conductors, underground system. The service 
conductors between the terminals of the service equipment and the point 
of connection to the service lateral. Where service equipment is located 
outside the building walls, there may be no service-entrance conductors, 
or they may be entirely outside the building.
    Service equipment. The necessary equipment, usually consisting of a 
circuit breaker or switch and fuses, and their accessories, located near 
the point of entrance of supply conductors to a building or other 
structure, or an otherwise defined area, and intended to constitute the 
main control and means of cutoff of the supply.
    Service raceway. The raceway that encloses the service-entrance 
conductors.
    Signaling circuit. Any electric circuit that energizes signaling 
equipment.
    Switchboard. A large single panel, frame, or assembly of panels 
which have switches, buses, instruments, overcurrent and other 
protective devices mounted on the face or back or both. Switchboards are 
generally accessible from the rear as well as from the front and are not 
intended to be installed in cabinets. (See ``Panelboard.'')
    Switches--(a) General-use switch. A switch intended for use in 
general distribution and branch circuits. It is rated in amperes, and it 
is capable of interrupting its rated current at its rated voltage.
    (b) General-use snap switch. A form of general-use switch so 
constructed that it can be installed in flush device boxes or on outlet 
box covers, or otherwise used in conjunction with wiring systems 
recognized by this subpart.
    (c) Isolating switch. A switch intended for isolating an electric 
circuit from the source of power. It has no interrupting rating, and it 
is intended to be operated only after the circuit has been opened by 
some other means.
    (d) Motor-circuit switch. A switch, rated in horsepower, capable of 
interrupting the maximum operating overload current of a motor of the 
same horsepower rating as the switch at the rated voltage.
    Switching devices. (Over 600 volts, nominal.) Devices designed to 
close and/or open one or more electric circuits. Included in this 
category are circuit breakers, cutouts, disconnecting (or isolating) 
switches, disconnecting means, and interrupter switches.
    Transportable X-ray. X-ray equipment installed in a vehicle or that 
may readily be disassembled for transport in a vehicle.
    Utilization equipment. Utilization equipment means equipment which 
utilizes electric energy for mechanical, chemical, heating, lighting, or 
similar useful purpose.
    Utilization system. A utilization system is a system which provides 
electric power and light for employee workplaces, and includes the 
premises wiring system and utilization equipment.
    Ventilated. Provided with a means to permit circulation of air 
sufficient to remove an excess of heat, fumes, or vapors.
    Volatile flammable liquid. A flammable liquid having a flash point 
below 38 degrees C (100 degrees F) or whose temperature is above its 
flash point, or a Class II combustible liquid having a vapor pressure 
not exceeding 40 psia (276 kPa) at 38 [deg]C (100 [deg]F) whose 
temperature is above its flash point.
    Voltage. (Of a circuit.) The greatest root-mean-square (effective) 
difference

[[Page 255]]

of potential between any two conductors of the circuit concerned.
    Voltage, nominal. A nominal value assigned to a circuit or system 
for the purpose of conveniently designating its voltage class (as 120/
240, 480Y/277, 600, etc.). The actual voltage at which a circuit 
operates can vary from the nominal within a range that permits 
satisfactory operation of equipment.
    Voltage to ground. For grounded circuits, the voltage between the 
given conductor and that point or conductor of the circuit that is 
grounded; for ungrounded circuits, the greatest voltage between the 
given conductor and any other conductor of the circuit.
    Watertight. So constructed that moisture will not enter the 
enclosure.
    Weatherproof. So constructed or protected that exposure to the 
weather will not interfere with successful operation. Rainproof, 
raintight, or watertight equipment can fulfill the requirements for 
weatherproof where varying weather conditions other than wetness, such 
as snow, ice, dust, or temperature extremes, are not a factor.
    Wet location. See ``Location.''



                           Subpart L_Scaffolds

    Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order Nos. 1-90 (55 FR 9033), 5-2007 (72 FR 31159), or 1-2012 
(77 FR 3912); and 29 CFR part 1911.

    Source: 61 FR 46104, Aug. 30, 1996, unless otherwise noted.



Sec.  1926.450  Scope, application and definitions applicable to 
this subpart.

    (a) Scope and application. This subpart applies to all scaffolds 
used in workplaces covered by this part. It does not apply to crane or 
derrick suspended personnel platforms. The criteria for aerial lifts are 
set out exclusively in Sec.  1926.453.
    (b) Definitions. Adjustable suspension scaffold means a suspension 
scaffold equipped with a hoist(s) that can be operated by an employee(s) 
on the scaffold.
    Bearer (putlog) means a horizontal transverse scaffold member (which 
may be supported by ledgers or runners) upon which the scaffold platform 
rests and which joins scaffold uprights, posts, poles, and similar 
members.
    Boatswains' chair means a single-point adjustable suspension 
scaffold consisting of a seat or sling designed to support one employee 
in a sitting position.
    Body belt (safety belt) means a strap with means both for securing 
it about the waist and for attaching it to a lanyard, lifeline, or 
deceleration device.
    Body harness means a design of straps which may be secured about the 
employee in a manner to distribute the fall arrest forces over at least 
the thighs, pelvis, waist, chest and shoulders, with means for attaching 
it to other components of a personal fall arrest system.
    Brace means a rigid connection that holds one scaffold member in a 
fixed position with respect to another member, or to a building or 
structure.
    Bricklayers' square scaffold means a supported scaffold composed of 
framed squares which support a platform.
    Carpenters' bracket scaffold means a supported scaffold consisting 
of a platform supported by brackets attached to building or structural 
walls.
    Catenary scaffold means a suspension scaffold consisting of a 
platform supported by two essentially horizontal and parallel ropes 
attached to structural members of a building or other structure. 
Additional support may be provided by vertical pickups.
    Chimney hoist means a multi-point adjustable suspension scaffold 
used to provide access to work inside chimneys. (See ``Multi-point 
adjustable suspension scaffold''.)
    Cleat means a structural block used at the end of a platform to 
prevent the platform from slipping off its supports. Cleats are also 
used to provide footing on sloped surfaces such as crawling boards.
    Competent person means one who is capable of identifying existing 
and predictable hazards in the surroundings or working conditions which 
are unsanitary, hazardous, or dangerous to employees, and who has 
authorization to take prompt corrective measures to eliminate them.
    Continuous run scaffold (Run scaffold) means a two- point or multi-
point adjustable suspension scaffold constructed using a series of 
interconnected braced scaffold members or

[[Page 256]]

supporting structures erected to form a continuous scaffold.
    Coupler means a device for locking together the tubes of a tube and 
coupler scaffold.
    Crawling board (chicken ladder) means a supported scaffold 
consisting of a plank with cleats spaced and secured to provide footing, 
for use on sloped surfaces such as roofs.
    Deceleration device means any mechanism, such as a rope grab, rip-
stitch lanyard, specially-woven lanyard, tearing or deforming lanyard, 
or automatic self-retracting lifeline lanyard, which dissipates a 
substantial amount of energy during a fall arrest or limits the energy 
imposed on an employee during fall arrest.
    Double pole (independent pole) scaffold means a supported scaffold 
consisting of a platform(s) resting on cross beams (bearers) supported 
by ledgers and a double row of uprights independent of support (except 
ties, guys, braces) from any structure.
    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 methods, 
materials or designs specified in the standard.
    Exposed power lines means electrical power lines which are 
accessible to employees and which are not shielded from contact. Such 
lines do not include extension cords or power tool cords.
    Eye or Eye splice means a loop with or without a thimble at the end 
of a wire rope.
    Fabricated decking and planking means manufactured platforms made of 
wood (including laminated wood, and solid sawn wood planks), metal or 
other materials.
    Fabricated frame scaffold (tubular welded frame scaffold) means a 
scaffold consisting of a platform(s) supported on fabricated end frames 
with integral posts, horizontal bearers, and intermediate members.
    Failure means load refusal, breakage, or separation of component 
parts. Load refusal is the point where the ultimate strength is 
exceeded.
    Float (ship) scaffold means a suspension scaffold consisting of a 
braced platform resting on two parallel bearers and hung from overhead 
supports by ropes of fixed length.
    Form scaffold means a supported scaffold consisting of a platform 
supported by brackets attached to formwork.
    Guardrail system means a vertical barrier, consisting of, but not 
limited to, toprails, midrails, and posts, erected to prevent employees 
from falling off a scaffold platform or walkway to lower levels.
    Hoist means a manual or power-operated mechanical device to raise or 
lower a suspended scaffold.
    Horse scaffold means a supported scaffold consisting of a platform 
supported by construction horses (saw horses). Horse scaffolds 
constructed of metal are sometimes known as trestle scaffolds.
    Independent pole scaffold (see ``Double pole scaffold'').
    Interior hung scaffold means a suspension scaffold consisting of a 
platform suspended from the ceiling or roof structure by fixed length 
supports.
    Ladder jack scaffold means a supported scaffold consisting of a 
platform resting on brackets attached to ladders.
    Ladder stand means a mobile, fixed-size, self-supporting ladder 
consisting of a wide flat tread ladder in the form of stairs.
    Landing means a platform at the end of a flight of stairs.
    Large area scaffold means a pole scaffold, tube and coupler 
scaffold, systems scaffold, or fabricated frame scaffold erected over 
substantially the entire work area. For example: a scaffold erected over 
the entire floor area of a room.
    Lean-to scaffold means a supported scaffold which is kept erect by 
tilting it toward and resting it against a building or structure.
    Lifeline means a component consisting of a flexible line that 
connects to an anchorage at one end to hang vertically (vertical 
lifeline), or that connects 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 areas below the level where the employee is 
located

[[Page 257]]

and to which an employee can fall. Such areas include, but are not 
limited to, ground levels, floors, roofs, ramps, runways, excavations, 
pits, tanks, materials, water, and equipment.
    Masons' adjustable supported scaffold (see ``Self-contained 
adjustable scaffold'').
    Masons' multi-point adjustable suspension scaffold means a 
continuous run suspension scaffold designed and used for masonry 
operations.
    Maximum intended load means the total load of all persons, 
equipment, tools, materials, transmitted loads, and other loads 
reasonably anticipated to be applied to a scaffold or scaffold component 
at any one time.
    Mobile scaffold means a powered or unpowered, portable, caster or 
wheel-mounted supported scaffold.
    Multi-level suspended scaffold means a two-point or multi-point 
adjustable suspension scaffold with a series of platforms at various 
levels resting on common stirrups.
    Multi-point adjustable suspension scaffold means a suspension 
scaffold consisting of a platform(s) which is suspended by more than two 
ropes from overhead supports and equipped with means to raise and lower 
the platform to desired work levels. Such scaffolds include chimney 
hoists.
    Needle beam scaffold means a platform suspended from needle beams.
    Open sides and ends means the edges of a platform that are more than 
14 inches (36 cm) away horizontally from a sturdy, continuous, vertical 
surface (such as a building wall) or a sturdy, continuous horizontal 
surface (such as a floor), or a point of access. Exception: For 
plastering and lathing operations the horizontal threshold distance is 
18 inches (46 cm).
    Outrigger means the structural member of a supported scaffold used 
to increase the base width of a scaffold in order to provide support for 
and increased stability of the scaffold.
    Outrigger beam (Thrustout) means the structural member of a 
suspension scaffold or outrigger scaffold which provides support for the 
scaffold by extending the scaffold point of attachment to a point out 
and away from the structure or building.
    Outrigger scaffold means a supported scaffold consisting of a 
platform resting on outrigger beams (thrustouts) projecting beyond the 
wall or face of the building or structure, the inboard ends of which are 
secured inside the building or structure.
    Overhand bricklaying means the process of laying bricks and masonry 
units such that the surface of the wall to be jointed is on the opposite 
side of the wall from the mason, requiring the mason to lean over the 
wall to complete the work. It includes mason tending and electrical 
installation incorporated into the brick wall during the overhand 
bricklaying process.
    Personal fall arrest system means a system used to arrest an 
employee's fall. It consists of an anchorage, connectors, a body belt or 
body harness and may include a lanyard, deceleration device, lifeline, 
or combinations of these.
    Platform means a work surface elevated above lower levels. Platforms 
can be constructed using individual wood planks, fabricated planks, 
fabricated decks, and fabricated platforms.
    Pole scaffold (see definitions for ``Single-pole scaffold'' and 
``Double (independent) pole scaffold'').
    Power operated hoist means a hoist which is powered by other than 
human energy.
    Pump jack scaffold means a supported scaffold consisting of a 
platform supported by vertical poles and movable support brackets.
    Qualified means one who, by possession of a recognized degree, 
certificate, or professional standing, or who by extensive knowledge, 
training, and experience, has successfully demonstrated his/her ability 
to solve or resolve problems related to the subject matter, the work, or 
the project.
    Rated load means the manufacturer's specified maximum load to be 
lifted by a hoist or to be applied to a scaffold or scaffold component.
    Repair bracket scaffold means a supported scaffold consisting of a 
platform supported by brackets which are secured in place around the 
circumference or perimeter of a chimney,

[[Page 258]]

stack, tank or other supporting structure by one or more wire ropes 
placed around the supporting structure.
    Roof bracket scaffold means a rooftop supported scaffold consisting 
of a platform resting on angular-shaped supports.
    Runner (ledger or ribbon) means the lengthwise horizontal spacing or 
bracing member which may support the bearers.
    Scaffold means any temporary elevated platform (supported or 
suspended) and its supporting structure (including points of anchorage), 
used for supporting employees or materials or both.
    Self-contained adjustable scaffold means a combination supported and 
suspension scaffold consisting of an adjustable platform(s) mounted on 
an independent supporting frame(s) not a part of the object being worked 
on, and which is equipped with a means to permit the raising and 
lowering of the platform(s). Such systems include rolling roof rigs, 
rolling outrigger systems, and some masons' adjustable supported 
scaffolds.
    Shore scaffold means a supported scaffold which is placed against a 
building or structure and held in place with props.
    Single-point adjustable suspension scaffold means a suspension 
scaffold consisting of a platform suspended by one rope from an overhead 
support and equipped with means to permit the movement of the platform 
to desired work levels.
    Single-pole scaffold means a supported scaffold consisting of a 
platform(s) resting on bearers, the outside ends of which are supported 
on runners secured to a single row of posts or uprights, and the inner 
ends of which are supported on or in a structure or building wall.
    Stair tower (Scaffold stairway/tower) means a tower comprised of 
scaffold components and which contains internal stairway units and rest 
platforms. These towers are used to provide access to scaffold platforms 
and other elevated points such as floors and roofs.
    Stall load means the load at which the prime-mover of a power-
operated hoist stalls or the power to the prime-mover is automatically 
disconnected.
    Step, platform, and trestle ladder scaffold means a platform resting 
directly on the rungs of step ladders or trestle ladders.
    Stilts means a pair of poles or similar supports with raised 
footrests, used to permit walking above the ground or working surface.
    Stonesetters' multi-point adjustable suspension scaffold means a 
continuous run suspension scaffold designed and used for stonesetters' 
operations.
    Supported scaffold means one or more platforms supported by 
outrigger beams, brackets, poles, legs, uprights, posts, frames, or 
similar rigid support.
    Suspension scaffold means one or more platforms suspended by ropes 
or other non-rigid means from an overhead structure(s).
    System scaffold means a scaffold consisting of posts with fixed 
connection points that accept runners, bearers, and diagonals that can 
be interconnected at predetermined levels.
    Tank builders' scaffold means a supported scaffold consisting of a 
platform resting on brackets that are either directly attached to a 
cylindrical tank or attached to devices that are attached to such a 
tank.
    Top plate bracket scaffold means a scaffold supported by brackets 
that hook over or are attached to the top of a wall. This type of 
scaffold is similar to carpenters' bracket scaffolds and form scaffolds 
and is used in residential construction for setting trusses.
    Tube and coupler scaffold means a supported or suspended scaffold 
consisting of a platform(s) supported by tubing, erected with coupling 
devices connecting uprights, braces, bearers, and runners.
    Tubular welded frame scaffold (see ``Fabricated frame scaffold'').
    Two-point suspension scaffold (swing stage) means a suspension 
scaffold consisting of a platform supported by hangers (stirrups) 
suspended by two ropes from overhead supports and equipped with means to 
permit the raising and lowering of the platform to desired work levels.
    Unstable objects means items whose strength, configuration, or lack 
of stability may allow them to become dislocated and shift and therefore 
may not properly support the loads imposed

[[Page 259]]

on them. Unstable objects do not constitute a safe base support for 
scaffolds, platforms, or employees. Examples include, but are not 
limited to, barrels, boxes, loose brick, and concrete blocks.
    Vertical pickup means a rope used to support the horizontal rope in 
catenary scaffolds.
    Walkway means a portion of a scaffold platform used only for access 
and not as a work level.
    Window jack scaffold means a platform resting on a bracket or jack 
which projects through a window opening.

[61 FR 46104, Aug. 30, 1996, as amended at 75 FR 48133, Aug. 9, 2010]



Sec.  1926.451  General requirements.

    This section does not apply to aerial lifts, the criteria for which 
are set out exclusively in Sec.  1926.453.
    (a) Capacity. (1) Except as provided in paragraphs (a)(2), (a)(3), 
(a)(4), (a)(5) and (g) of this section, each scaffold and scaffold 
component shall be capable of supporting, without failure, its own 
weight and at least 4 times the maximum intended load applied or 
transmitted to it.
    (2) Direct connections to roofs and floors, and counterweights used 
to balance adjustable suspension scaffolds, shall be capable of 
resisting at least 4 times the tipping moment imposed by the scaffold 
operating at the rated load of the hoist, or 1.5 (minimum) times the 
tipping moment imposed by the scaffold operating at the stall load of 
the hoist, whichever is greater.
    (3) Each suspension rope, including connecting hardware, used on 
non-adjustable suspension scaffolds shall be capable of supporting, 
without failure, at least 6 times the maximum intended load applied or 
transmitted to that rope.
    (4) Each suspension rope, including connecting hardware, used on 
adjustable suspension scaffolds shall be capable of supporting, without 
failure, at least 6 times the maximum intended load applied or 
transmitted to that rope with the scaffold operating at either the rated 
load of the hoist, or 2 (minimum) times the stall load of the hoist, 
whichever is greater.
    (5) The stall load of any scaffold hoist shall not exceed 3 times 
its rated load.
    (6) Scaffolds shall be designed by a qualified person and shall be 
constructed and loaded in accordance with that design. Non-mandatory 
appendix A to this subpart contains examples of criteria that will 
enable an employer to comply with paragraph (a) of this section.
    (b) Scaffold platform construction. (1) Each platform on all working 
levels of scaffolds shall be fully planked or decked between the front 
uprights and the guardrail supports as follows:
    (i) Each platform unit (e.g., scaffold plank, fabricated plank, 
fabricated deck, or fabricated platform) shall be installed so that the 
space between adjacent units and the space between the platform and the 
uprights is no more than 1 inch (2.5 cm) wide, except where the employer 
can demonstrate that a wider space is necessary (for example, to fit 
around uprights when side brackets are used to extend the width of the 
platform).
    (ii) Where the employer makes the demonstration provided for in 
paragraph (b)(1)(i) of this section, the platform shall be planked or 
decked as fully as possible and the remaining open space between the 
platform and the uprights shall not exceed 9\1/2\ inches (24.1 cm).
    Exception to paragraph (b)(1): The requirement in paragraph (b)(1) 
to provide full planking or decking does not apply to platforms used 
solely as walkways or solely by employees performing scaffold erection 
or dismantling. In these situations, only the planking that the employer 
establishes is necessary to provide safe working conditions is required.
    (2) Except as provided in paragraphs (b)(2)(i) and (b)(2)(ii) of 
this section, each scaffold platform and walkway shall be at least 18 
inches (46 cm) wide.
    (i) Each ladder jack scaffold, top plate bracket scaffold, roof 
bracket scaffold, and pump jack scaffold shall be at least 12 inches (30 
cm) wide. There is no minimum width requirement for boatswains' chairs.

    Note to paragraph (b)(2)(i): Pursuant to an administrative stay 
effective November 29, 1996 and published in the Federal Register on 
November 25, 1996, the requirement

[[Page 260]]

in paragraph (b)(2)(i) that roof bracket scaffolds be at least 12 inches 
wide is stayed until November 25, 1997 or until rulemaking regarding the 
minimum width of roof bracket scaffolds has been completed, whichever is 
later.

    (ii) Where scaffolds must be used in areas that the employer can 
demonstrate are so narrow that platforms and walkways cannot be at least 
18 inches (46 cm) wide, such platforms and walkways shall be as wide as 
feasible, and employees on those platforms and walkways shall be 
protected from fall hazards by the use of guardrails and/or personal 
fall arrest systems.
    (3) Except as provided in paragraphs (b)(3) (i) and (ii) of this 
section, the front edge of all platforms shall not be more than 14 
inches (36 cm) from the face of the work, unless guardrail systems are 
erected along the front edge and/or personal fall arrest systems are 
used in accordance with paragraph (g) of this section to protect 
employees from falling.
    (i) The maximum distance from the face for outrigger scaffolds shall 
be 3 inches (8 cm);
    (ii) The maximum distance from the face for plastering and lathing 
operations shall be 18 inches (46 cm).
    (4) Each end of a platform, unless cleated or otherwise restrained 
by hooks or equivalent means, shall extend over the centerline of its 
support at least 6 inches (15 cm).
    (5)(i) Each end of a platform 10 feet or less in length shall not 
extend over its support more than 12 inches (30 cm) unless the platform 
is designed and installed so that the cantilevered portion of the 
platform is able to support employees and/or materials without tipping, 
or has guardrails which block employee access to the cantilevered end.
    (ii) Each platform greater than 10 feet in length shall not extend 
over its support more than 18 inches (46 cm), unless it is designed and 
installed so that the cantilevered portion of the platform is able to 
support employees without tipping, or has guardrails which block 
employee access to the cantilevered end.
    (6) On scaffolds where scaffold planks are abutted to create a long 
platform, each abutted end shall rest on a separate support surface. 
This provision does not preclude the use of common support members, such 
as ``T'' sections, to support abutting planks, or hook on platforms 
designed to rest on common supports.
    (7) On scaffolds where platforms are overlapped to create a long 
platform, the overlap shall occur only over supports, and shall not be 
less than 12 inches (30 cm) unless the platforms are nailed together or 
otherwise restrained to prevent movement.
    (8) At all points of a scaffold where the platform changes 
direction, such as turning a corner, any platform that rests on a bearer 
at an angle other than a right angle shall be laid first, and platforms 
which rest at right angles over the same bearer shall be laid second, on 
top of the first platform.
    (9) Wood platforms shall not be covered with opaque finishes, except 
that platform edges may be covered or marked for identification. 
Platforms may be coated periodically with wood preservatives, fire-
retardant finishes, and slip-resistant finishes; however, the coating 
may not obscure the top or bottom wood surfaces.
    (10) Scaffold components manufactured by different manufacturers 
shall not be intermixed unless the components fit together without force 
and the scaffold's structural integrity is maintained by the user. 
Scaffold components manufactured by different manufacturers shall not be 
modified in order to intermix them unless a competent person determines 
the resulting scaffold is structurally sound.
    (11) Scaffold components made of dissimilar metals shall not be used 
together unless a competent person has determined that galvanic action 
will not reduce the strength of any component to a level below that 
required by paragraph (a)(1) of this section.
    (c) Criteria for supported scaffolds. (1) Supported scaffolds with a 
height to base width (including outrigger supports, if used) ratio of 
more than four to one (4:1) shall be restrained from tipping by guying, 
tying, bracing, or equivalent means, as follows:
    (i) Guys, ties, and braces shall be installed at locations where 
horizontal members support both inner and outer legs.

[[Page 261]]

    (ii) Guys, ties, and braces shall be installed according to the 
scaffold manufacturer's recommendations or at the closest horizontal 
member to the 4:1 height and be repeated vertically at locations of 
horizontal members every 20 feet (6.1 m) or less thereafter for 
scaffolds 3 feet (0.91 m) wide or less, and every 26 feet (7.9 m) or 
less thereafter for scaffolds greater than 3 feet (0.91 m) wide. The top 
guy, tie or brace of completed scaffolds shall be placed no further than 
the 4:1 height from the top. Such guys, ties and braces shall be 
installed at each end of the scaffold and at horizontal intervals not to 
exceed 30 feet (9.1 m) (measured from one end [not both] towards the 
other).
    (iii) Ties, guys, braces, or outriggers shall be used to prevent the 
tipping of supported scaffolds in all circumstances where an eccentric 
load, such as a cantilevered work platform, is applied or is transmitted 
to the scaffold.
    (2) Supported scaffold poles, legs, posts, frames, and uprights 
shall bear on base plates and mud sills or other adequate firm 
foundation.
    (i) Footings shall be level, sound, rigid, and capable of supporting 
the loaded scaffold without settling or displacement.
    (ii) Unstable objects shall not be used to support scaffolds or 
platform units.
    (iii) Unstable objects shall not be used as working platforms.
    (iv) Front-end loaders and similar pieces of equipment shall not be 
used to support scaffold platforms unless they have been specifically 
designed by the manufacturer for such use.
    (v) Fork-lifts shall not be used to support scaffold platforms 
unless the entire platform is attached to the fork and the fork-lift is 
not moved horizontally while the platform is occupied.
    (3) Supported scaffold poles, legs, posts, frames, and uprights 
shall be plumb and braced to prevent swaying and displacement.
    (d) Criteria for suspension scaffolds. (1) All suspension scaffold 
support devices, such as outrigger beams, cornice hooks, parapet clamps, 
and similar devices, shall rest on surfaces capable of supporting at 
least 4 times the load imposed on them by the scaffold operating at the 
rated load of the hoist (or at least 1.5 times the load imposed on them 
by the scaffold at the stall capacity of the hoist, whichever is 
greater).
    (2) Suspension scaffold outrigger beams, when used, shall be made of 
structural metal or equivalent strength material, and shall be 
restrained to prevent movement.
    (3) The inboard ends of suspension scaffold outrigger beams shall be 
stabilized by bolts or other direct connections to the floor or roof 
deck, or they shall have their inboard ends stabilized by 
counterweights, except masons' multi-point adjustable suspension 
scaffold outrigger beams shall not be stabilized by counterweights.
    (i) Before the scaffold is used, direct connections shall be 
evaluated by a competent person who shall confirm, based on the 
evaluation, that the supporting surfaces are capable of supporting the 
loads to be imposed. In addition, masons' multi-point adjustable 
suspension scaffold connections shall be designed by an engineer 
experienced in such scaffold design.
    (ii) Counterweights shall be made of non-flowable material. Sand, 
gravel and similar materials that can be easily dislocated shall not be 
used as counterweights.
    (iii) Only those items specifically designed as counterweights shall 
be used to counterweight scaffold systems. Construction materials such 
as, but not limited to, masonry units and rolls of roofing felt, shall 
not be used as counterweights.
    (iv) Counterweights shall be secured by mechanical means to the 
outrigger beams to prevent accidental displacement.
    (v) Counterweights shall not be removed from an outrigger beam until 
the scaffold is disassembled.
    (vi) Outrigger beams which are not stabilized by bolts or other 
direct connections to the floor or roof deck shall be secured by 
tiebacks.
    (vii) Tiebacks shall be equivalent in strength to the suspension 
ropes.
    (viii) Outrigger beams shall be placed perpendicular to its bearing 
support (usually the face of the building or structure). However, where 
the employer can demonstrate that it is not possible to place an 
outrigger beam

[[Page 262]]

perpendicular to the face of the building or structure because of 
obstructions that cannot be moved, the outrigger beam may be placed at 
some other angle, provided opposing angle tiebacks are used.
    (ix) Tiebacks shall be secured to a structurally sound anchorage on 
the building or structure. Sound anchorages include structural members, 
but do not include standpipes, vents, other piping systems, or 
electrical conduit.
    (x) Tiebacks shall be installed perpendicular to the face of the 
building or structure, or opposing angle tiebacks shall be installed. 
Single tiebacks installed at an angle are prohibited.
    (4) Suspension scaffold outrigger beams shall be:
    (i) Provided with stop bolts or shackles at both ends;
    (ii) Securely fastened together with the flanges turned out when 
channel iron beams are used in place of I-beams;
    (iii) Installed with all bearing supports perpendicular to the beam 
center line;
    (iv) Set and maintained with the web in a vertical position; and
    (v) When an outrigger beam is used, the shackle or clevis with which 
the rope is attached to the outrigger beam shall be placed directly over 
the center line of the stirrup.
    (5) Suspension scaffold support devices such as cornice hooks, roof 
hooks, roof irons, parapet clamps, or similar devices shall be:
    (i) Made of steel, wrought iron, or materials of equivalent 
strength;
    (ii) Supported by bearing blocks; and
    (iii) Secured against movement by tiebacks installed at right angles 
to the face of the building or structure, or opposing angle tiebacks 
shall be installed and secured to a structurally sound point of 
anchorage on the building or structure. Sound points of anchorage 
include structural members, but do not include standpipes, vents, other 
piping systems, or electrical conduit.
    (iv) Tiebacks shall be equivalent in strength to the hoisting rope.
    (6) When winding drum hoists are used on a suspension scaffold, they 
shall contain not less than four wraps of the suspension rope at the 
lowest point of scaffold travel. When other types of hoists are used, 
the suspension ropes shall be long enough to allow the scaffold to be 
lowered to the level below without the rope end passing through the 
hoist, or the rope end shall be configured or provided with means to 
prevent the end from passing through the hoist.
    (7) The use of repaired wire rope as suspension rope is prohibited.
    (8) Wire suspension ropes shall not be joined together except 
through the use of eye splice thimbles connected with shackles or 
coverplates and bolts.
    (9) The load end of wire suspension ropes shall be equipped with 
proper size thimbles and secured by eyesplicing or equivalent means.
    (10) Ropes shall be inspected for defects by a competent person 
prior to each workshift and after every occurrence which could affect a 
rope's integrity. Ropes shall be replaced if any of the following 
conditions exist:
    (i) Any physical damage which impairs the function and strength of 
the rope.
    (ii) Kinks that might impair the tracking or wrapping of rope around 
the drum(s) or sheave(s).
    (iii) Six randomly distributed broken wires in one rope lay or three 
broken wires in one strand in one rope lay.
    (iv) Abrasion, corrosion, scrubbing, flattening or peening causing 
loss of more than one-third of the original diameter of the outside 
wires.
    (v) Heat damage caused by a torch or any damage caused by contact 
with electrical wires.
    (vi) Evidence that the secondary brake has been activated during an 
overspeed condition and has engaged the suspension rope.
    (11) Swaged attachments or spliced eyes on wire suspension ropes 
shall not be used unless they are made by the wire rope manufacturer or 
a qualified person.
    (12) When wire rope clips are used on suspension scaffolds:
    (i) There shall be a minimum of 3 wire rope clips installed, with 
the clips a minimum of 6 rope diameters apart;
    (ii) Clips shall be installed according to the manufacturer's 
recommendations;

[[Page 263]]

    (iii) Clips shall be retightened to the manufacturer's 
recommendations after the initial loading;
    (iv) Clips shall be inspected and retightened to the manufacturer's 
recommendations at the start of each workshift thereafter;
    (v) U-bolt clips shall not be used at the point of suspension for 
any scaffold hoist;
    (vi) When U-bolt clips are used, the U-bolt shall be placed over the 
dead end of the rope, and the saddle shall be placed over the live end 
of the rope.
    (13) Suspension scaffold power-operated hoists and manual hoists 
shall be tested by a qualified testing laboratory.
    (14) Gasoline-powered equipment and hoists shall not be used on 
suspension scaffolds.
    (15) Gears and brakes of power-operated hoists used on suspension 
scaffolds shall be enclosed.
    (16) In addition to the normal operating brake, suspension scaffold 
power-operated hoists and manually operated hoists shall have a braking 
device or locking pawl which engages automatically when a hoist makes 
either of the following uncontrolled movements: an instantaneous change 
in momentum or an accelerated overspeed.
    (17) Manually operated hoists shall require a positive crank force 
to descend.
    (18) Two-point and multi-point suspension scaffolds shall be tied or 
otherwise secured to prevent them from swaying, as determined to be 
necessary based on an evaluation by a competent person. Window cleaners' 
anchors shall not be used for this purpose.
    (19) Devices whose sole function is to provide emergency escape and 
rescue shall not be used as working platforms. This provision does not 
preclude the use of systems which are designed to function both as 
suspension scaffolds and emergency systems.
    (e) Access. This paragraph applies to scaffold access for all 
employees. Access requirements for employees erecting or dismantling 
supported scaffolds are specifically addressed in paragraph (e)(9) of 
this section.
    (1) When scaffold platforms are more than 2 feet (0.6 m) above or 
below a point of access, portable ladders, hook-on ladders, attachable 
ladders, stair towers (scaffold stairways/towers), stairway-type ladders 
(such as ladder stands), ramps, walkways, integral prefabricated 
scaffold access, or direct access from another scaffold, structure, 
personnel hoist, or similar surface shall be used. Crossbraces shall not 
be used as a means of access.
    (2) Portable, hook-on, and attachable ladders (Additional 
requirements for the proper construction and use of portable ladders are 
contained in subpart X of this part--Stairways and Ladders):
    (i) Portable, hook-on, and attachable ladders shall be positioned so 
as not to tip the scaffold;
    (ii) Hook-on and attachable ladders shall be positioned so that 
their bottom rung is not more than 24 inches (61 cm) above the scaffold 
supporting level;
    (iii) When hook-on and attachable ladders are used on a supported 
scaffold more than 35 feet (10.7 m) high, they shall have rest platforms 
at 35-foot (10.7 m) maximum vertical intervals.
    (iv) Hook-on and attachable ladders shall be specifically designed 
for use with the type of scaffold used;
    (v) Hook-on and attachable ladders shall have a minimum rung length 
of 11\1/2\ inches (29 cm); and
    (vi) Hook-on and attachable ladders shall have uniformly spaced 
rungs with a maximum spacing between rungs of 16\3/4\ inches.
    (3) Stairway-type ladders shall:
    (i) Be positioned such that their bottom step is not more than 24 
inches (61 cm) above the scaffold supporting level;
    (ii) Be provided with rest platforms at 12 foot (3.7 m) maximum 
vertical intervals;
    (iii) Have a minimum step width of 16 inches (41 cm), except that 
mobile scaffold stairway-type ladders shall have a minimum step width of 
11\1/2\ inches (30 cm); and
    (iv) Have slip-resistant treads on all steps and landings.
    (4) Stairtowers (scaffold stairway/towers) shall be positioned such 
that their bottom step is not more than 24 inches (61 cm.) above the 
scaffold supporting level.

[[Page 264]]

    (i) A stairrail consisting of a toprail and a midrail shall be 
provided on each side of each scaffold stairway.
    (ii) The toprail of each stairrail system shall also be capable of 
serving as a handrail, unless a separate handrail is provided.
    (iii) Handrails, and toprails that serve as handrails, shall provide 
an adequate handhold for employees grasping them to avoid falling.
    (iv) Stairrail systems and handrails shall be surfaced to prevent 
injury to employees from punctures or lacerations, and to prevent 
snagging of clothing.
    (v) The ends of stairrail systems and handrails shall be constructed 
so that they do not constitute a projection hazard.
    (vi) Handrails, and toprails that are used as handrails, shall be at 
least 3 inches (7.6 cm) from other objects.
    (vii) Stairrails shall be not less than 28 inches (71 cm) nor more 
than 37 inches (94 cm) from the upper surface of the stairrail to the 
surface of the tread, in line with the face of the riser at the forward 
edge of the tread.
    (viii) A landing platform at least 18 inches (45.7 cm) wide by at 
least 18 inches (45.7 cm) long shall be provided at each level.
    (ix) Each scaffold stairway shall be at least 18 inches (45.7 cm) 
wide between stairrails.
    (x) Treads and landings shall have slip-resistant surfaces.
    (xi) Stairways shall be installed between 40 degrees and 60 degrees 
from the horizontal.
    (xii) Guardrails meeting the requirements of paragraph (g)(4) of 
this section shall be provided on the open sides and ends of each 
landing.
    (xiii) Riser height shall be uniform, within \1/4\ inch, (0.6 cm) 
for each flight of stairs. Greater variations in riser height are 
allowed for the top and bottom steps of the entire system, not for each 
flight of stairs.
    (xiv) Tread depth shall be uniform, within \1/4\ inch, for each 
flight of stairs.
    (5) Ramps and walkways. (i) Ramps and walkways 6 feet (1.8 m) or 
more above lower levels shall have guardrail systems which comply with 
subpart M of this part--Fall Protection;
    (ii) No ramp or walkway shall be inclined more than a slope of one 
(1) vertical to three (3) horizontal (20 degrees above the horizontal).
    (iii) If the slope of a ramp or a walkway is steeper than one (1) 
vertical in eight (8) horizontal, the ramp or walkway shall have cleats 
not more than fourteen (14) inches (35 cm) apart which are securely 
fastened to the planks to provide footing.
    (6) Integral prefabricated scaffold access frames shall:
    (i) Be specifically designed and constructed for use as ladder 
rungs;
    (ii) Have a rung length of at least 8 inches (20 cm);
    (iii) Not be used as work platforms when rungs are less than 11\1/2\ 
inches in length, unless each affected employee uses fall protection, or 
a positioning device, which complies with Sec.  1926.502;
    (iv) Be uniformly spaced within each frame section;
    (v) Be provided with rest platforms at 35-foot (10.7 m) maximum 
vertical intervals on all supported scaffolds more than 35 feet (10.7 m) 
high; and
    (vi) Have a maximum spacing between rungs of 16\3/4\ inches (43 cm). 
Non-uniform rung spacing caused by joining end frames together is 
allowed, provided the resulting spacing does not exceed 16\3/4\ inches 
(43 cm).
    (7) Steps and rungs of ladder and stairway type access shall line up 
vertically with each other between rest platforms.
    (8) Direct access to or from another surface shall be used only when 
the scaffold is not more than 14 inches (36 cm) horizontally and not 
more than 24 inches (61 cm) vertically from the other surface.
    (9) Effective September 2, 1997, access for employees erecting or 
dismantling supported scaffolds shall be in accordance with the 
following:
    (i) The employer shall provide safe means of access for each 
employee erecting or dismantling a scaffold where the provision of safe 
access is feasible and does not create a greater hazard. The employer 
shall have a competent person determine whether it is feasible or would 
pose a greater hazard to provide, and have employees use a safe means of 
access. This determination shall be based on site conditions

[[Page 265]]

and the type of scaffold being erected or dismantled.
    (ii) Hook-on or attachable ladders shall be installed as soon as 
scaffold erection has progressed to a point that permits safe 
installation and use.
    (iii) When erecting or dismantling tubular welded frame scaffolds, 
(end) frames, with horizontal members that are parallel, level and are 
not more than 22 inches apart vertically may be used as climbing devices 
for access, provided they are erected in a manner that creates a usable 
ladder and provides good hand hold and foot space.
    (iv) Cross braces on tubular welded frame scaffolds shall not be 
used as a means of access or egress.
    (f) Use. (1) Scaffolds and scaffold components shall not be loaded 
in excess of their maximum intended loads or rated capacities, whichever 
is less.
    (2) The use of shore or lean-to scaffolds is prohibited.
    (3) Scaffolds and scaffold components shall be inspected for visible 
defects by a competent person before each work shift, and after any 
occurrence which could affect a scaffold's structural integrity.
    (4) Any part of a scaffold damaged or weakened such that its 
strength is less than that required by paragraph (a) of this section 
shall be immediately repaired or replaced, braced to meet those 
provisions, or removed from service until repaired.
    (5) Scaffolds shall not be moved horizontally while employees are on 
them, unless they have been designed by a registered professional 
engineer specifically for such movement or, for mobile scaffolds, where 
the provisions of Sec.  1926.452(w) are followed.
    (6) The clearance between scaffolds and power lines shall be as 
follows: Scaffolds shall not be erected, used, dismantled, altered, or 
moved such that they or any conductive material handled on them might 
come closer to exposed and energized power lines than as follows:

------------------------------------------------------------------------
   Insulated lines voltage      Minimum distance        Alternatives
------------------------------------------------------------------------
Less than 300 volts.........  3 feet (0.9 m)......
300 volts to 50 kv..........  10 feet (3.1m)......
More than 50 kv.............  10 feet (3.1 m) plus  2 times the length
                               0.4 inches (1.0 cm)   of the line
                               for each 1 kv over    insulator, but
                               50 kv.                never less than 10
                                                     feet (3.1 m).
------------------------------------------------------------------------


------------------------------------------------------------------------
  Uninsulated lines voltage     Minimum distance        Alternatives
------------------------------------------------------------------------
Less than 50 kv.............  10 feet (3.1 m).....
More than 50 kv.............  10 feet (3.1 m) plus  2 times the length
                               0.4 inches (1.0 cm)   of the line
                               for each 1 kv over    insulator, but
                               50 kv.                never less than 10
                                                     feet (3.1 m).
------------------------------------------------------------------------

    Exception to paragraph (f)(6): Scaffolds and materials may be closer 
to power lines than specified above where such clearance is necessary 
for performance of work, and only after the utility company, or 
electrical system operator, has been notified of the need to work closer 
and the utility company, or electrical system operator, has deenergized 
the lines, relocated the lines, or installed protective coverings to 
prevent accidental contact with the lines.

    (7) Scaffolds shall be erected, moved, dismantled, or altered only 
under the supervision and direction of a competent person qualified in 
scaffold erection, moving, dismantling or alteration. Such activities 
shall be performed only by experienced and trained employees selected 
for such work by the competent person.
    (8) Employees shall be prohibited from working on scaffolds covered 
with snow, ice, or other slippery material except as necessary for 
removal of such materials.
    (9) Where swinging loads are being hoisted onto or near scaffolds 
such that the loads might contact the scaffold, tag lines or equivalent 
measures to control the loads shall be used.
    (10) Suspension ropes supporting adjustable suspension scaffolds 
shall be of a diameter large enough to provide sufficient surface area 
for the functioning of brake and hoist mechanisms.
    (11) Suspension ropes shall be shielded from heat-producing 
processes.

[[Page 266]]

When acids or other corrosive substances are used on a scaffold, the 
ropes shall be shielded, treated to protect against the corrosive 
substances, or shall be of a material that will not be damaged by the 
substance being used.
    (12) Work on or from scaffolds is prohibited during storms or high 
winds unless a competent person has determined that it is safe for 
employees to be on the scaffold and those employees are protected by a 
personal fall arrest system or wind screens. Wind screens shall not be 
used unless the scaffold is secured against the anticipated wind forces 
imposed.
    (13) Debris shall not be allowed to accumulate on platforms.
    (14) Makeshift devices, such as but not limited to boxes and 
barrels, shall not be used on top of scaffold platforms to increase the 
working level height of employees.
    (15) Ladders shall not be used on scaffolds to increase the working 
level height of employees, except on large area scaffolds where 
employers have satisfied the following criteria:
    (i) When the ladder is placed against a structure which is not a 
part of the scaffold, the scaffold shall be secured against the sideways 
thrust exerted by the ladder;
    (ii) The platform units shall be secured to the scaffold to prevent 
their movement;
    (iii) The ladder legs shall be on the same platform or other means 
shall be provided to stabilize the ladder against unequal platform 
deflection, and
    (iv) The ladder legs shall be secured to prevent them from slipping 
or being pushed off the platform.
    (16) Platforms shall not deflect more than \1/60\ of the span when 
loaded.
    (17) To reduce the possibility of welding current arcing through the 
suspension wire rope when performing welding from suspended scaffolds, 
the following precautions shall be taken, as applicable:
    (i) An insulated thimble shall be used to attach each suspension 
wire rope to its hanging support (such as cornice hook or outrigger). 
Excess suspension wire rope and any additional independent lines from 
grounding shall be insulated;
    (ii) The suspension wire rope shall be covered with insulating 
material extending at least 4 feet (1.2 m) above the hoist. If there is 
a tail line below the hoist, it shall be insulated to prevent contact 
with the platform. The portion of the tail line that hangs free below 
the scaffold shall be guided or retained, or both, so that it does not 
become grounded;
    (iii) Each hoist shall be covered with insulated protective covers;
    (iv) In addition to a work lead attachment required by the welding 
process, a grounding conductor shall be connected from the scaffold to 
the structure. The size of this conductor shall be at least the size of 
the welding process work lead, and this conductor shall not be in series 
with the welding process or the work piece;
    (v) If the scaffold grounding lead is disconnected at any time, the 
welding machine shall be shut off; and
    (vi) An active welding rod or uninsulated welding lead shall not be 
allowed to contact the scaffold or its suspension system.
    (g) Fall protection. (1) Each employee on a scaffold more than 10 
feet (3.1 m) above a lower level shall be protected from falling to that 
lower level. Paragraphs (g)(1) (i) through (vii) of this section 
establish the types of fall protection to be provided to the employees 
on each type of scaffold. Paragraph (g)(2) of this section addresses 
fall protection for scaffold erectors and dismantlers.

    Note to paragraph (g)(1): The fall protection requirements for 
employees installing suspension scaffold support systems on floors, 
roofs, and other elevated surfaces are set forth in subpart M of this 
part.

    (i) Each employee on a boatswains' chair, catenary scaffold, float 
scaffold, needle beam scaffold, or ladder jack scaffold shall be 
protected by a personal fall arrest system;
    (ii) Each employee on a single-point or two-point adjustable 
suspension scaffold shall be protected by both a personal fall arrest 
system and guardrail system;
    (iii) Each employee on a crawling board (chicken ladder) shall be 
protected by a personal fall arrest system, a guardrail system (with 
minimum 200 pound toprail capacity), or by a three-

[[Page 267]]

fourth inch (1.9 cm) diameter grabline or equivalent handhold securely 
fastened beside each crawling board;
    (iv) Each employee on a self-contained adjustable scaffold shall be 
protected by a guardrail system (with minimum 200 pound toprail 
capacity) when the platform is supported by the frame structure, and by 
both a personal fall arrest system and a guardrail system (with minimum 
200 pound toprail capacity) when the platform is supported by ropes;
    (v) Each employee on a walkway located within a scaffold shall be 
protected by a guardrail system (with minimum 200 pound toprail 
capacity) installed within 9\1/2\ inches (24.1 cm) of and along at least 
one side of the walkway.
    (vi) Each employee performing overhand bricklaying operations from a 
supported scaffold shall be protected from falling from all open sides 
and ends of the scaffold (except at the side next to the wall being 
laid) by the use of a personal fall arrest system or guardrail system 
(with minimum 200 pound toprail capacity).
    (vii) For all scaffolds not otherwise specified in paragraphs 
(g)(1)(i) through (g)(1)(vi) of this section, each employee shall be 
protected by the use of personal fall arrest systems or guardrail 
systems meeting the requirements of paragraph (g)(4) of this section.
    (2) Effective September 2, 1997, the employer shall have a competent 
person determine the feasibility and safety of providing fall protection 
for employees erecting or dismantling supported scaffolds. Employers are 
required to provide fall protection for employees erecting or 
dismantling supported scaffolds where the installation and use of such 
protection is feasible and does not create a greater hazard.
    (3) In addition to meeting the requirements of Sec.  1926.502(d), 
personal fall arrest systems used on scaffolds shall be attached by 
lanyard to a vertical lifeline, horizontal lifeline, or scaffold 
structural member. Vertical lifelines shall not be used when overhead 
components, such as overhead protection or additional platform levels, 
are part of a single-point or two-point adjustable suspension scaffold.
    (i) When vertical lifelines are used, they shall be fastened to a 
fixed safe point of anchorage, shall be independent of the scaffold, and 
shall be protected from sharp edges and abrasion. Safe points of 
anchorage include structural members of buildings, but do not include 
standpipes, vents, other piping systems, electrical conduit, outrigger 
beams, or counterweights.
    (ii) When horizontal lifelines are used, they shall be secured to 
two or more structural members of the scaffold, or they may be looped 
around both suspension and independent suspension lines (on scaffolds so 
equipped) above the hoist and brake attached to the end of the scaffold. 
Horizontal lifelines shall not be attached only to the suspension ropes.
    (iii) When lanyards are connected to horizontal lifelines or 
structural members on a single-point or two-point adjustable suspension 
scaffold, the scaffold shall be equipped with additional independent 
support lines and automatic locking devices capable of stopping the fall 
of the scaffold in the event one or both of the suspension ropes fail. 
The independent support lines shall be equal in number and strength to 
the suspension ropes.
    (iv) Vertical lifelines, independent support lines, and suspension 
ropes shall not be attached to each other, nor shall they be attached to 
or use the same point of anchorage, nor shall they be attached to the 
same point on the scaffold or personal fall arrest system.
    (4) Guardrail systems installed to meet the requirements of this 
section shall comply with the following provisions (guardrail systems 
built in accordance with appendix A to this subpart will be deemed to 
meet the requirements of paragraphs (g)(4) (vii), (viii), and (ix) of 
this section):
    (i) Guardrail systems shall be installed along all open sides and 
ends of platforms. Guardrail systems shall be installed before the 
scaffold is released for use by employees other than erection/
dismantling crews.
    (ii) The top edge height of toprails or equivalent member on 
supported scaffolds manufactured or placed in service after January 1, 
2000 shall be installed between 38 inches (0.97 m) and 45 inches (1.2 m) 
above the platform surface. The

[[Page 268]]

top edge height on supported scaffolds manufactured and placed in 
service before January 1, 2000, and on all suspended scaffolds where 
both a guardrail and a personal fall arrest system are required shall be 
between 36 inches (0.9 m) and 45 inches (1.2 m). When conditions 
warrant, the height of the top edge may exceed the 45-inch height, 
provided the guardrail system meets all other criteria of paragraph 
(g)(4).
    (iii) When midrails, screens, mesh, intermediate vertical members, 
solid panels, or equivalent structural members are used, they shall be 
installed between the top edge of the guardrail system and the scaffold 
platform.
    (iv) When midrails are used, they shall be installed at a height 
approximately midway between the top edge of the guardrail system and 
the platform surface.
    (v) When screens and mesh are used, they shall extend from the top 
edge of the guardrail system to the scaffold platform, and along the 
entire opening between the supports.
    (vi) When intermediate members (such as balusters or additional 
rails) are used, they shall not be more than 19 inches (48 cm) apart.
    (vii) Each toprail or equivalent member of a guardrail system shall 
be capable of withstanding, without failure, a force applied in any 
downward or horizontal direction at any point along its top edge of at 
least 100 pounds (445 n) for guardrail systems installed on single-point 
adjustable suspension scaffolds or two-point adjustable suspension 
scaffolds, and at least 200 pounds (890 n) for guardrail systems 
installed on all other scaffolds.
    (viii) When the loads specified in paragraph (g)(4)(vii) of this 
section are applied in a downward direction, the top edge shall not drop 
below the height above the platform surface that is prescribed in 
paragraph (g)(4)(ii) of this section.
    (ix) Midrails, screens, mesh, intermediate vertical members, solid 
panels, and equivalent structural members of a guardrail system shall be 
capable of withstanding, without failure, a force applied in any 
downward or horizontal direction at any point along the midrail or other 
member of at least 75 pounds (333 n) for guardrail systems with a 
minimum 100 pound toprail capacity, and at least 150 pounds (666 n) for 
guardrail systems with a minimum 200 pound toprail capacity.
    (x) Suspension scaffold hoists and non-walk-through stirrups may be 
used as end guardrails, if the space between the hoist or stirrup and 
the side guardrail or structure does not allow passage of an employee to 
the end of the scaffold.
    (xi) Guardrails shall be surfaced to prevent injury to an employee 
from punctures or lacerations, and to prevent snagging of clothing.
    (xii) The ends of all rails shall not overhang the terminal posts 
except when such overhang does not constitute a projection hazard to 
employees.
    (xiii) Steel or plastic banding shall not be used as a toprail or 
midrail.
    (xiv) Manila or plastic (or other synthetic) rope being used for 
toprails or midrails shall be inspected by a competent person as 
frequently as necessary to ensure that it continues to meet the strength 
requirements of paragraph (g) of this section.
    (xv) Crossbracing is acceptable in place of a midrail when the 
crossing point of two braces is between 20 inches (0.5 m) and 30 inches 
(0.8 m) above the work platform or as a toprail when the crossing point 
of two braces is between 38 inches (0.97 m) and 48 inches (1.3 m) above 
the work platform. The end points at each upright shall be no more than 
48 inches (1.3 m) apart.
    (h) Falling object protection. (1) In addition to wearing hardhats 
each employee on a scaffold shall be provided with additional protection 
from falling hand tools, debris, and other small objects through the 
installation of toeboards, screens, or guardrail systems, or through the 
erection of debris nets, catch platforms, or canopy structures that 
contain or deflect the falling objects. When the falling objects are too 
large, heavy or massive to be contained or deflected by any of the 
above-listed measures, the employer shall place such potential falling 
objects away from the edge of the surface from which they could fall and 
shall secure those materials as necessary to prevent their falling.

[[Page 269]]

    (2) Where there is a danger of tools, materials, or equipment 
falling from a scaffold and striking employees below, the following 
provisions apply:
    (i) The area below the scaffold to which objects can fall shall be 
barricaded, and employees shall not be permitted to enter the hazard 
area; or
    (ii) A toeboard shall be erected along the edge of platforms more 
than 10 feet (3.1 m) above lower levels for a distance sufficient to 
protect employees below, except on float (ship) scaffolds where an 
edging of \3/4\ x 1\1/2\ inch (2 x 4 cm) wood or equivalent may be used 
in lieu of toeboards;
    (iii) Where tools, materials, or equipment are piled to a height 
higher than the top edge of the toeboard, paneling or screening 
extending from the toeboard or platform to the top of the guardrail 
shall be erected for a distance sufficient to protect employees below; 
or
    (iv) A guardrail system shall be installed with openings small 
enough to prevent passage of potential falling objects; or
    (v) A canopy structure, debris net, or catch platform strong enough 
to withstand the impact forces of the potential falling objects shall be 
erected over the employees below.
    (3) Canopies, when used for falling object protection, shall comply 
with the following criteria:
    (i) Canopies shall be installed between the falling object hazard 
and the employees.
    (ii) When canopies are used on suspension scaffolds for falling 
object protection, the scaffold shall be equipped with additional 
independent support lines equal in number to the number of points 
supported, and equivalent in strength to the strength of the suspension 
ropes.
    (iii) Independent support lines and suspension ropes shall not be 
attached to the same points of anchorage.
    (4) Where used, toeboards shall be:
    (i) Capable of withstanding, without failure, a force of at least 50 
pounds (222 n) applied in any downward or horizontal direction at any 
point along the toeboard (toeboards built in accordance with appendix A 
to this subpart will be deemed to meet this requirement); and
    (ii) At least three and one-half inches (9 cm) high from the top 
edge of the toeboard to the level of the walking/working surface. 
Toeboards shall be securely fastened in place at the outermost edge of 
the platform and have not more than \1/4\ inch (0.7 cm) clearance above 
the walking/working surface. Toeboards shall be solid or with openings 
not over one inch (2.5 cm) in the greatest dimension.

[61 FR 46107, Aug. 30, 1996, as corrected and amended at 61 FR 59831, 
59832, Nov. 25, 1996]

    Effective Date Note: At 61 FR 59832, Nov. 25, 1996, Sec.  
1926.451(b)(2)(i) was amended and certain requirements stayed until Nov. 
25, 1997, or until further rulemaking has been completed, whichever is 
later.



Sec.  1926.452  Additional requirements applicable to specific types 
of scaffolds.

    In addition to the applicable requirements of Sec.  1926.451, the 
following requirements apply to the specific types of scaffolds 
indicated. Scaffolds not specifically addressed by Sec.  1926.452, such 
as but not limited to systems scaffolds, must meet the requirements of 
Sec.  1926.451.
    (a) Pole scaffolds. (1) When platforms are being moved to the next 
level, the existing platform shall be left undisturbed until the new 
bearers have been set in place and braced, prior to receiving the new 
platforms.
    (2) Crossbracing shall be installed between the inner and outer sets 
of poles on double pole scaffolds.
    (3) Diagonal bracing in both directions shall be installed across 
the entire inside face of double-pole scaffolds used to support loads 
equivalent to a uniformly distributed load of 50 pounds (22.7 kg) or 
more per square foot (929 square cm).
    (4) Diagonal bracing in both directions shall be installed across 
the entire outside face of all double- and single-pole scaffolds.
    (5) Runners and bearers shall be installed on edge.
    (6) Bearers shall extend a minimum of 3 inches (7.6 cm) over the 
outside edges of runners.
    (7) Runners shall extend over a minimum of two poles, and shall be 
supported by bearing blocks securely attached to the poles.

[[Page 270]]

    (8) Braces, bearers, and runners shall not be spliced between poles.
    (9) Where wooden poles are spliced, the ends shall be squared and 
the upper section shall rest squarely on the lower section. Wood splice 
plates shall be provided on at least two adjacent sides, and shall 
extend at least 2 feet (0.6 m) on either side of the splice, overlap the 
abutted ends equally, and have at least the same cross-sectional areas 
as the pole. Splice plates of other materials of equivalent strength may 
be used.
    (10) Pole scaffolds over 60 feet in height shall be designed by a 
registered professional engineer, and shall be constructed and loaded in 
accordance with that design. Non-mandatory appendix A to this subpart 
contains examples of criteria that will enable an employer to comply 
with design and loading requirements for pole scaffolds under 60 feet in 
height.
    (b) Tube and coupler scaffolds. (1) When platforms are being moved 
to the next level, the existing platform shall be left undisturbed until 
the new bearers have been set in place and braced prior to receiving the 
new platforms.
    (2) Transverse bracing forming an ``X'' across the width of the 
scaffold shall be installed at the scaffold ends and at least at every 
third set of posts horizontally (measured from only one end) and every 
fourth runner vertically. Bracing shall extend diagonally from the inner 
or outer posts or runners upward to the next outer or inner posts or 
runners. Building ties shall be installed at the bearer levels between 
the transverse bracing and shall conform to the requirements of Sec.  
1926.451(c)(1).
    (3) On straight run scaffolds, longitudinal bracing across the inner 
and outer rows of posts shall be installed diagonally in both 
directions, and shall extend from the base of the end posts upward to 
the top of the scaffold at approximately a 45 degree angle. On scaffolds 
whose length is greater than their height, such bracing shall be 
repeated beginning at least at every fifth post. On scaffolds whose 
length is less than their height, such bracing shall be installed from 
the base of the end posts upward to the opposite end posts, and then in 
alternating directions until reaching the top of the scaffold. Bracing 
shall be installed as close as possible to the intersection of the 
bearer and post or runner and post.
    (4) Where conditions preclude the attachment of bracing to posts, 
bracing shall be attached to the runners as close to the post as 
possible.
    (5) Bearers shall be installed transversely between posts, and when 
coupled to the posts, shall have the inboard coupler bear directly on 
the runner coupler. When the bearers are coupled to the runners, the 
couplers shall be as close to the posts as possible.
    (6) Bearers shall extend beyond the posts and runners, and shall 
provide full contact with the coupler.
    (7) Runners shall be installed along the length of the scaffold, 
located on both the inside and outside posts at level heights (when tube 
and coupler guardrails and midrails are used on outside posts, they may 
be used in lieu of outside runners).
    (8) Runners shall be interlocked on straight runs to form continuous 
lengths, and shall be coupled to each post. The bottom runners and 
bearers shall be located as close to the base as possible.
    (9) Couplers shall be of a structural metal, such as drop-forged 
steel, malleable iron, or structural grade aluminum. The use of gray 
cast iron is prohibited.
    (10) Tube and coupler scaffolds over 125 feet in height shall be 
designed by a registered professional engineer, and shall be constructed 
and loaded in accordance with such design. Non-mandatory appendix A to 
this subpart contains examples of criteria that will enable an employer 
to comply with design and loading requirements for tube and coupler 
scaffolds under 125 feet in height.
    (c) Fabricated frame scaffolds (tubular welded frame scaffolds). (1) 
When moving platforms to the next level, the existing platform shall be 
left undisturbed until the new end frames have been set in place and 
braced prior to receiving the new platforms.
    (2) Frames and panels shall be braced by cross, horizontal, or 
diagonal braces, or combination thereof, which secure vertical members 
together laterally. The cross braces shall be of such length as will 
automatically square

[[Page 271]]

and align vertical members so that the erected scaffold is always plumb, 
level, and square. All brace connections shall be secured.
    (3) Frames and panels shall be joined together vertically by 
coupling or stacking pins or equivalent means.
    (4) Where uplift can occur which would displace scaffold end frames 
or panels, the frames or panels shall be locked together vertically by 
pins or equivalent means.
    (5) Brackets used to support cantilevered loads shall:
    (i) Be seated with side-brackets parallel to the frames and end-
brackets at 90 degrees to the frames;
    (ii) Not be bent or twisted from these positions; and
    (iii) Be used only to support personnel, unless the scaffold has 
been designed for other loads by a qualified engineer and built to 
withstand the tipping forces caused by those other loads being placed on 
the bracket-supported section of the scaffold.
    (6) Scaffolds over 125 feet (38.0 m) in height above their base 
plates shall be designed by a registered professional engineer, and 
shall be constructed and loaded in accordance with such design.
    (d) Plasterers', decorators', and large area scaffolds. Scaffolds 
shall be constructed in accordance with paragraphs (a), (b), or (c) of 
this section, as appropriate.
    (e) Bricklayers' square scaffolds (squares). (1) Scaffolds made of 
wood shall be reinforced with gussets on both sides of each corner.
    (2) Diagonal braces shall be installed on all sides of each square.
    (3) Diagonal braces shall be installed between squares on the rear 
and front sides of the scaffold, and shall extend from the bottom of 
each square to the top of the next square.
    (4) Scaffolds shall not exceed three tiers in height, and shall be 
so constructed and arranged that one square rests directly above the 
other. The upper tiers shall stand on a continuous row of planks laid 
across the next lower tier, and shall be nailed down or otherwise 
secured to prevent displacement.
    (f) Horse scaffolds. (1) Scaffolds shall not be constructed or 
arranged more than two tiers or 10 feet (3.0 m) in height, whichever is 
less.
    (2) When horses are arranged in tiers, each horse shall be placed 
directly over the horse in the tier below.
    (3) When horses are arranged in tiers, the legs of each horse shall 
be nailed down or otherwise secured to prevent displacement.
    (4) When horses are arranged in tiers, each tier shall be 
crossbraced.
    (g) Form scaffolds and carpenters' bracket scaffolds. (1) Each 
bracket, except those for wooden bracket-form scaffolds, shall be 
attached to the supporting formwork or structure by means of one or more 
of the following: nails; a metal stud attachment device; welding; 
hooking over a secured structural supporting member, with the form wales 
either bolted to the form or secured by snap ties or tie bolts extending 
through the form and securely anchored; or, for carpenters' bracket 
scaffolds only, by a bolt extending through to the opposite side of the 
structure's wall.
    (2) Wooden bracket-form scaffolds shall be an integral part of the 
form panel.
    (3) Folding type metal brackets, when extended for use, shall be 
either bolted or secured with a locking-type pin.
    (h) Roof bracket scaffolds. (1) Scaffold brackets shall be 
constructed to fit the pitch of the roof and shall provide a level 
support for the platform.
    (2) Brackets (including those provided with pointed metal 
projections) shall be anchored in place by nails unless it is 
impractical to use nails. When nails are not used, brackets shall be 
secured in place with first-grade manila rope of at least three-fourth 
inch (1.9 cm) diameter, or equivalent.
    (i) Outrigger scaffolds. (1) The inboard end of outrigger beams, 
measured from the fulcrum point to the extreme point of anchorage, shall 
be not less than one and one-half times the outboard end in length.
    (2) Outrigger beams fabricated in the shape of an I-beam or channel 
shall be placed so that the web section is vertical.
    (3) The fulcrum point of outrigger beams shall rest on secure 
bearings at

[[Page 272]]

least 6 inches (15.2 cm) in each horizontal dimension.
    (4) Outrigger beams shall be secured in place against movement, and 
shall be securely braced at the fulcrum point against tipping.
    (5) The inboard ends of outrigger beams shall be securely anchored 
either by means of braced struts bearing against sills in contact with 
the overhead beams or ceiling, or by means of tension members secured to 
the floor joists underfoot, or by both.
    (6) The entire supporting structure shall be securely braced to 
prevent any horizontal movement.
    (7) To prevent their displacement, platform units shall be nailed, 
bolted, or otherwise secured to outriggers.
    (8) Scaffolds and scaffold components shall be designed by a 
registered professional engineer and shall be constructed and loaded in 
accordance with such design.
    (j) Pump jack scaffolds. (1) Pump jack brackets, braces, and 
accessories shall be fabricated from metal plates and angles. Each pump 
jack bracket shall have two positive gripping mechanisms to prevent any 
failure or slippage.
    (2) Poles shall be secured to the structure by rigid triangular 
bracing or equivalent at the bottom, top, and other points as necessary. 
When the pump jack has to pass bracing already installed, an additional 
brace shall be installed approximately 4 feet (1.2 m) above the brace to 
be passed, and shall be left in place until the pump jack has been moved 
and the original brace reinstalled.
    (3) When guardrails are used for fall protection, a workbench may be 
used as the toprail only if it meets all the requirements in paragraphs 
(g)(4) (ii), (vii), (viii), and (xiii) of Sec.  1926.451.
    (4) Work benches shall not be used as scaffold platforms.
    (5) When poles are made of wood, the pole lumber shall be straight-
grained, free of shakes, large loose or dead knots, and other defects 
which might impair strength.
    (6) When wood poles are constructed of two continuous lengths, they 
shall be joined together with the seam parallel to the bracket.
    (7) When two by fours are spliced to make a pole, mending plates 
shall be installed at all splices to develop the full strength of the 
member.
    (k) Ladder jack scaffolds. (1) Platforms shall not exceed a height 
of 20 feet (6.1 m).
    (2) All ladders used to support ladder jack scaffolds shall meet the 
requirements of subpart X of this part--Stairways and Ladders, except 
that job-made ladders shall not be used to support ladder jack 
scaffolds.
    (3) The ladder jack shall be so designed and constructed that it 
will bear on the side rails and ladder rungs or on the ladder rungs 
alone. If bearing on rungs only, the bearing area shall include a length 
of at least 10 inches (25.4 cm) on each rung.
    (4) Ladders used to support ladder jacks shall be placed, fastened, 
or equipped with devices to prevent slipping.
    (5) Scaffold platforms shall not be bridged one to another.
    (l) Window jack scaffolds. (1) Scaffolds shall be securely attached 
to the window opening.
    (2) Scaffolds shall be used only for the purpose of working at the 
window opening through which the jack is placed.
    (3) Window jacks shall not be used to support planks placed between 
one window jack and another, or for other elements of scaffolding.
    (m) Crawling boards (chicken ladders). (1) Crawling boards shall 
extend from the roof peak to the eaves when used in connection with roof 
construction, repair, or maintenance.
    (2) Crawling boards shall be secured to the roof by ridge hooks or 
by means that meet equivalent criteria (e.g., strength and durability).
    (n) Step, platform, and trestle ladder scaffolds. (1) Scaffold 
platforms shall not be placed any higher than the second highest rung or 
step of the ladder supporting the platform.
    (2) All ladders used in conjunction with step, platform and trestle 
ladder scaffolds shall meet the pertinent requirements of subpart X of 
this part--Stairways and Ladders, except that job-made ladders shall not 
be used to support such scaffolds.
    (3) Ladders used to support step, platform, and trestle ladder 
scaffolds shall

[[Page 273]]

be placed, fastened, or equipped with devices to prevent slipping.
    (4) Scaffolds shall not be bridged one to another.
    (o) Single-point adjustable suspension scaffolds. (1) When two 
single-point adjustable suspension scaffolds are combined to form a two-
point adjustable suspension scaffold, the resulting two-point scaffold 
shall comply with the requirements for two-point adjustable suspension 
scaffolds in paragraph (p) of this section.
    (2) The supporting rope between the scaffold and the suspension 
device shall be kept vertical unless all of the following conditions are 
met:
    (i) The rigging has been designed by a qualified person, and
    (ii) The scaffold is accessible to rescuers, and
    (iii) The supporting rope is protected to ensure that it will not 
chafe at any point where a change in direction occurs, and
    (iv) The scaffold is positioned so that swinging cannot bring the 
scaffold into contact with another surface.
    (3) Boatswains' chair tackle shall consist of correct size ball 
bearings or bushed blocks containing safety hooks and properly ``eye-
spliced'' minimum five-eighth (\5/8\) inch (1.6 cm) diameter first-grade 
manila rope, or other rope which will satisfy the criteria (e.g., 
strength and durability) of manila rope.
    (4) Boatswains' chair seat slings shall be reeved through four 
corner holes in the seat; shall cross each other on the underside of the 
seat; and shall be rigged so as to prevent slippage which could cause an 
out-of-level condition.
    (5) Boatswains' chair seat slings shall be a minimum of five-eight 
(\5/8\) inch (1.6 cm) diameter fiber, synthetic, or other rope which 
will satisfy the criteria (e.g., strength, slip resistance, durability, 
etc.) of first grade manila rope.
    (6) When a heat-producing process such as gas or arc welding is 
being conducted, boatswains' chair seat slings shall be a minimum of 
three-eight (\3/8\) inch (1.0 cm) wire rope.
    (7) Non-cross-laminated wood boatswains' chairs shall be reinforced 
on their underside by cleats securely fastened to prevent the board from 
splitting.
    (p) Two-point adjustable suspension scaffolds (swing stages). The 
following requirements do not apply to two-point adjustable suspension 
scaffolds used as masons' or stonesetters' scaffolds. Such scaffolds are 
covered by paragraph (q) of this section.
    (1) Platforms shall not be more than 36 inches (0.9 m) wide unless 
designed by a qualified person to prevent unstable conditions.
    (2) The platform shall be securely fastened to hangers (stirrups) by 
U-bolts or by other means which satisfy the requirements of Sec.  
1926.451(a).
    (3) The blocks for fiber or synthetic ropes shall consist of at 
least one double and one single block. The sheaves of all blocks shall 
fit the size of the rope used.
    (4) Platforms shall be of the ladder-type, plank-type, beam-type, or 
light-metal type. Light metal-type platforms having a rated capacity of 
750 pounds or less and platforms 40 feet (12.2 m) or less in length 
shall be tested and listed by a nationally recognized testing 
laboratory.
    (5) Two-point scaffolds shall not be bridged or otherwise connected 
one to another during raising and lowering operations unless the bridge 
connections are articulated (attached), and the hoists properly sized.
    (6) Passage may be made from one platform to another only when the 
platforms are at the same height, are abutting, and walk-through 
stirrups specifically designed for this purpose are used.
    (q) Multi-point adjustable suspension scaffolds, stonesetters' 
multi-point adjustable suspension scaffolds, and masons' multi-point 
adjustable suspension scaffolds. (1) When two or more scaffolds are used 
they shall not be bridged one to another unless they are designed to be 
bridged, the bridge connections are articulated, and the hoists are 
properly sized.
    (2) If bridges are not used, passage may be made from one platform 
to another only when the platforms are at the same height and are 
abutting.
    (3) Scaffolds shall be suspended from metal outriggers, brackets, 
wire rope slings, hooks, or means that meet

[[Page 274]]

equivalent criteria (e.g., strength, durability).
    (r) Catenary scaffolds. (1) No more than one platform shall be 
placed between consecutive vertical pickups, and no more than two 
platforms shall be used on a catenary scaffold.
    (2) Platforms supported by wire ropes shall have hook-shaped stops 
on each end of the platforms to prevent them from slipping off the wire 
ropes. These hooks shall be so placed that they will prevent the 
platform from falling if one of the horizontal wire ropes breaks.
    (3) Wire ropes shall not be tightened to the extent that the 
application of a scaffold load will overstress them.
    (4) Wire ropes shall be continuous and without splices between 
anchors.
    (s) Float (ship) scaffolds. (1) The platform shall be supported by a 
minimum of two bearers, each of which shall project a minimum of 6 
inches (15.2 cm) beyond the platform on both sides. Each bearer shall be 
securely fastened to the platform.
    (2) Rope connections shall be such that the platform cannot shift or 
slip.
    (3) When only two ropes are used with each float:
    (i) They shall be arranged so as to provide four ends which are 
securely fastened to overhead supports.
    (ii) Each supporting rope shall be hitched around one end of the 
bearer and pass under the platform to the other end of the bearer where 
it is hitched again, leaving sufficient rope at each end for the 
supporting ties.
    (t) Interior hung scaffolds. (1) Scaffolds shall be suspended only 
from the roof structure or other structural member such as ceiling 
beams.
    (2) Overhead supporting members (roof structure, ceiling beams, or 
other structural members) shall be inspected and checked for strength 
before the scaffold is erected.
    (3) Suspension ropes and cables shall be connected to the overhead 
supporting members by shackles, clips, thimbles, or other means that 
meet equivalent criteria (e.g., strength, durability).
    (u) Needle beam scaffolds. (1) Scaffold support beams shall be 
installed on edge.
    (2) Ropes or hangers shall be used for supports, except that one end 
of a needle beam scaffold may be supported by a permanent structural 
member.
    (3) The ropes shall be securely attached to the needle beams.
    (4) The support connection shall be arranged so as to prevent the 
needle beam from rolling or becoming displaced.
    (5) Platform units shall be securely attached to the needle beams by 
bolts or equivalent means. Cleats and overhang are not considered to be 
adequate means of attachment.
    (v) Multi-level suspended scaffolds. (1) Scaffolds shall be equipped 
with additional independent support lines, equal in number to the number 
of points supported, and of equivalent strength to the suspension ropes, 
and rigged to support the scaffold in the event the suspension rope(s) 
fail.
    (2) Independent support lines and suspension ropes shall not be 
attached to the same points of anchorage.
    (3) Supports for platforms shall be attached directly to the support 
stirrup and not to any other platform.
    (w) Mobile scaffolds. (1) Scaffolds shall be braced by cross, 
horizontal, or diagonal braces, or combination thereof, to prevent 
racking or collapse of the scaffold and to secure vertical members 
together laterally so as to automatically square and align the vertical 
members. Scaffolds shall be plumb, level, and squared. All brace 
connections shall be secured.
    (i) Scaffolds constructed of tube and coupler components shall also 
comply with the requirements of paragraph (b) of this section;
    (ii) Scaffolds constructed of fabricated frame components shall also 
comply with the requirements of paragraph (c) of this section.
    (2) Scaffold casters and wheels shall be locked with positive wheel 
and/or wheel and swivel locks, or equivalent means, to prevent movement 
of the scaffold while the scaffold is used in a stationary manner.
    (3) Manual force used to move the scaffold shall be applied as close 
to the base as practicable, but not more than 5 feet (1.5 m) above the 
supporting surface.
    (4) Power systems used to propel mobile scaffolds shall be designed 
for such use. Forklifts, trucks, similar motor

[[Page 275]]

vehicles or add-on motors shall not be used to propel scaffolds unless 
the scaffold is designed for such propulsion systems.
    (5) Scaffolds shall be stabilized to prevent tipping during 
movement.
    (6) Employees shall not be allowed to ride on scaffolds unless the 
following conditions exist:
    (i) The surface on which the scaffold is being moved is within 3 
degrees of level, and free of pits, holes, and obstructions;
    (ii) The height to base width ratio of the scaffold during movement 
is two to one or less, unless the scaffold is designed and constructed 
to meet or exceed nationally recognized stability test requirements such 
as those listed in paragraph 2.(w) of appendix A to this subpart;
    (iii) Outrigger frames, when used, are installed on both sides of 
the scaffold;
    (iv) When power systems are used, the propelling force is applied 
directly to the wheels, and does not produce a speed in excess of 1 foot 
per second (.3 mps); and
    (v) No employee is on any part of the scaffold which extends outward 
beyond the wheels, casters, or other supports.
    (7) Platforms shall not extend outward beyond the base supports of 
the scaffold unless outrigger frames or equivalent devices are used to 
ensure stability.
    (8) Where leveling of the scaffold is necessary, screw jacks or 
equivalent means shall be used.
    (9) Caster stems and wheel stems shall be pinned or otherwise 
secured in scaffold legs or adjustment screws.
    (10) Before a scaffold is moved, each employee on the scaffold shall 
be made aware of the move.
    (x) Repair bracket scaffolds. (1) Brackets shall be secured in place 
by at least one wire rope at least \1/2\ inch (1.27 cm) in diameter.
    (2) Each bracket shall be attached to the securing wire rope (or 
ropes) by a positive locking device capable of preventing the 
unintentional detachment of the bracket from the rope, or by equivalent 
means.
    (3) Each bracket, at the contact point between the supporting 
structure and the bottom of the bracket, shall be provided with a shoe 
(heel block or foot) capable of preventing the lateral movement of the 
bracket.
    (4) Platforms shall be secured to the brackets in a manner that will 
prevent the separation of the platforms from the brackets and the 
movement of the platforms or the brackets on a completed scaffold.
    (5) When a wire rope is placed around the structure in order to 
provide a safe anchorage for personal fall arrest systems used by 
employees erecting or dismantling scaffolds, the wire rope shall meet 
the requirements of subpart M of this part, but shall be at least \5/16\ 
inch (0.8 cm) in diameter.
    (6) Each wire rope used for securing brackets in place or as an 
anchorage for personal fall arrest systems shall be protected from 
damage due to contact with edges, corners, protrusions, or other 
discontinuities of the supporting structure or scaffold components.
    (7) Tensioning of each wire rope used for securing brackets in place 
or as an anchorage for personal fall arrest systems shall be by means of 
a turnbuckle at least 1 inch (2.54 cm) in diameter, or by equivalent 
means.
    (8) Each turnbuckle shall be connected to the other end of its rope 
by use of an eyesplice thimble of a size appropriate to the turnbuckle 
to which it is attached.
    (9) U-bolt wire rope clips shall not be used on any wire rope used 
to secure brackets or to serve as an anchor for personal fall arrest 
systems.
    (10) The employer shall ensure that materials shall not be dropped 
to the outside of the supporting structure.
    (11) Scaffold erection shall progress in only one direction around 
any structure.
    (y) Stilts. Stilts, when used, shall be used in accordance with the 
following requirements:
    (1) An employee may wear stilts on a scaffold only if it is a large 
area scaffold.
    (2) When an employee is using stilts on a large area scaffold where 
a guardrail system is used to provide fall protection, the guardrail 
system shall be increased in height by an amount equal to the height of 
the stilts being used by the employee.
    (3) Surfaces on which stilts are used shall be flat and free of 
pits, holes and

[[Page 276]]

obstructions, such as debris, as well as other tripping and falling 
hazards.
    (4) Stilts shall be properly maintained. Any alteration of the 
original equipment shall be approved by the manufacturer.

[61 FR 46104, Aug. 30, 1996, as amended at 85 FR 8736, Feb. 18, 2020]



Sec.  1926.453  Aerial lifts.

    (a) General requirements. (1) Unless otherwise provided in this 
section, aerial lifts acquired for use on or after January 22, 1973 
shall be designed and constructed in conformance with the applicable 
requirements of the American National Standards for ``Vehicle Mounted 
Elevating and Rotating Work Platforms,'' ANSI A92.2-1969, including 
appendix. Aerial lifts acquired before January 22, 1973 which do not 
meet the requirements of ANSI A92.2-1969, may not be used after January 
1, 1976, unless they shall have been modified so as to conform with the 
applicable design and construction requirements of ANSI A92.2-1969. 
Aerial lifts include the following types of vehicle-mounted aerial 
devices used to elevate personnel to job-sites above ground:
    (i) Extensible boom platforms;
    (ii) Aerial ladders;
    (iii) Articulating boom platforms;
    (iv) Vertical towers; and
    (v) A combination of any such devices. Aerial equipment may be made 
of metal, wood, fiberglass reinforced plastic (FRP), or other material; 
may be powered or manually operated; and are deemed to be aerial lifts 
whether or not they are capable of rotating about a substantially 
vertical axis.
    (2) Aerial lifts may be ``field modified'' for uses other than those 
intended by the manufacturer provided the modification has been 
certified in writing by the manufacturer or by any other equivalent 
entity, such as a nationally recognized testing laboratory, to be in 
conformity with all applicable provisions of ANSI A92.2-1969 and this 
section and to be at least as safe as the equipment was before 
modification.
    (b) Specific requirements--(1) Ladder trucks and tower trucks. 
Aerial ladders shall be secured in the lower traveling position by the 
locking device on top of the truck cab, and the manually operated device 
at the base of the ladder before the truck is moved for highway travel.
    (2) Extensible and articulating boom platforms. (i) Lift controls 
shall be tested each day prior to use to determine that such controls 
are in safe working condition.
    (ii) Only authorized persons shall operate an aerial lift.
    (iii) Belting off to an adjacent pole, structure, or equipment while 
working from an aerial lift shall not be permitted.
    (iv) Employees shall always stand firmly on the floor of the basket, 
and shall not sit or climb on the edge of the basket or use planks, 
ladders, or other devices for a work position.
    (v) A body belt shall be worn and a lanyard attached to the boom or 
basket when working from an aerial lift.

    Note to paragraph (b)(2)(v): As of January 1, 1998, subpart M of 
this part (Sec.  1926.502(d)) provides that body belts are not 
acceptable as part of a personal fall arrest system. The use of a body 
belt in a tethering system or in a restraint system is acceptable and is 
regulated under Sec.  1926.502(e).

    (vi) Boom and basket load limits specified by the manufacturer shall 
not be exceeded.
    (vii) The brakes shall be set and when outriggers are used, they 
shall be positioned on pads or a solid surface. Wheel chocks shall be 
installed before using an aerial lift on an incline, provided they can 
be safely installed.
    (viii) An aerial lift truck shall not be moved when the boom is 
elevated in a working position with men in the basket, except for 
equipment which is specifically designed for this type of operation in 
accordance with the provisions of paragraphs (a) (1) and (2) of this 
section.
    (ix) Articulating boom and extensible boom platforms, primarily 
designed as personnel carriers, shall have both platform (upper) and 
lower controls. Upper controls shall be in or beside the platform within 
easy reach of the operator. Lower controls shall provide for overriding 
the upper controls. Controls shall be plainly marked as to their 
function. Lower level controls shall not be operated unless permission 
has been obtained from the employee in the lift, except in case of 
emergency.

[[Page 277]]

    (x) Climbers shall not be worn while performing work from an aerial 
lift.
    (xi) The insulated portion of an aerial lift shall not be altered in 
any manner that might reduce its insulating value.
    (xii) Before moving an aerial lift for travel, the boom(s) shall be 
inspected to see that it is properly cradled and outriggers are in 
stowed position except as provided in paragraph (b)(2)(viii) of this 
section.
    (3) Electrical tests. All electrical tests shall conform to the 
requirements of ANSI A92.2-1969 section 5. However equivalent d.c.; 
voltage tests may be used in lieu of the a.c. voltage specified in 
A92.2-1969; d.c. voltage tests which are approved by the equipment 
manufacturer or equivalent entity shall be considered an equivalent test 
for the purpose of this paragraph (b)(3).
    (4) Bursting safety factor. The provisions of the American National 
Standards Institute standard ANSI A92.2-1969, section 4.9 Bursting 
Safety Factor shall apply to all critical hydraulic and pneumatic 
components. Critical components are those in which a failure would 
result in a free fall or free rotation of the boom. All noncritical 
components shall have a bursting safety factor of at least 2 to 1.
    (5) Welding standards. All welding shall conform to the following 
standards as applicable:
    (i) Standard Qualification Procedure, AWS B3.0-41.
    (ii) Recommended Practices for Automotive Welding Design, AWS D8.4-
61.
    (iii) Standard Qualification of Welding Procedures and Welders for 
Piping and Tubing, AWS D10.9-69.
    (iv) Specifications for Welding Highway and Railway Bridges, AWS 
D2.0-69.

    Note to Sec.  1926.453: Non-mandatory appendix C to this subpart 
lists examples of national consensus standards that are considered to 
provide employee protection equivalent to that provided through the 
application of ANSI A92.2-1969, where appropriate. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from the American National Standards Institute. Copies may be 
inspected at the Docket Office, Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
room N2634, Washington, DC or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.

[61 FR 46116, Aug. 30, 1996; 61 FR 59832, Nov. 25, 1996, as amended at 
69 FR 18803, Apr. 9, 2004]



Sec.  1926.454  Training requirements.

    This section supplements and clarifies the requirements of Sec.  
1926.21(b)(2) as these relate to the hazards of work on scaffolds.
    (a) The employer shall have each employee who performs work while on 
a scaffold trained by a person qualified in the subject matter to 
recognize the hazards associated with the type of scaffold being used 
and to understand the procedures to control or minimize those hazards. 
The training shall include the following areas, as applicable:
    (1) The nature of any electrical hazards, fall hazards and falling 
object hazards in the work area;
    (2) The correct procedures for dealing with electrical hazards and 
for erecting, maintaining, and disassembling the fall protection systems 
and falling object protection systems being used;
    (3) The proper use of the scaffold, and the proper handling of 
materials on the scaffold;
    (4) The maximum intended load and the load-carrying capacities of 
the scaffolds used; and
    (5) Any other pertinent requirements of this subpart.
    (b) The employer shall have each employee who is involved in 
erecting, disassembling, moving, operating, repairing, maintaining, or 
inspecting a scaffold trained by a competent person to recognize any 
hazards associated with the work in question. The training shall include 
the following topics, as applicable:
    (1) The nature of scaffold hazards;
    (2) The correct procedures for erecting, disassembling, moving, 
operating, repairing, inspecting, and maintaining the type of scaffold 
in question;
    (3) The design criteria, maximum intended load-carrying capacity and 
intended use of the scaffold;
    (4) Any other pertinent requirements of this subpart.

[[Page 278]]

    (c) When the employer has reason to believe that an employee lacks 
the skill or understanding needed for safe work involving the erection, 
use or dismantling of scaffolds, the employer shall retrain each such 
employee so that the requisite proficiency is regained. Retraining is 
required in at least the following situations:
    (1) Where changes at the worksite present a hazard about which an 
employee has not been previously trained; or
    (2) Where changes in the types of scaffolds, fall protection, 
falling object protection, or other equipment present a hazard about 
which an employee has not been previously trained; or
    (3) Where inadequacies in an affected employee's work involving 
scaffolds indicate that the employee has not retained the requisite 
proficiency.

                        Non-Mandatory Appendices



  Sec. (Non-mandatory) Appendix A to Subpart L of Part 1926--Scaffold 
                             Specifications

    This appendix provides non-mandatory guidelines to assist employers 
in complying with the requirements of subpart L of this part. An 
employer may use these guidelines and tables as a starting point for 
designing scaffold systems. However, the guidelines do not provide all 
the information necessary to build a complete system, and the employer 
is still responsible for designing and assembling these components in 
such a way that the completed system will meet the requirements of Sec.  
1926.451(a). Scaffold components which are not selected and loaded in 
accordance with this Appendix, and components for which no specific 
guidelines or tables are given in this appendix (e.g., joints, ties, 
components for wood pole scaffolds more than 60 feet in height, 
components for heavy-duty horse scaffolds, components made with other 
materials, and components with other dimensions, etc.) must be designed 
and constructed in accordance with the capacity requirements of Sec.  
1926.451(a), and loaded in accordance with Sec.  1926.451(d)(1).

                    Index to appendix A for Subpart L

    1. General guidelines and tables.
    2. Specific guidelines and tables.
    (a) Pole scaffolds:
    Single-pole wood pole scaffolds.
    Independent wood pole scaffolds.
    (b) Tube and coupler scaffolds.
    (c) Fabricated frame scaffolds.
    (d) Plasterers', decorators' and large area scaffolds.
    (e) Bricklayers' square scaffolds.
    (f) Horse scaffolds.
    (g) Form scaffolds and carpenters' bracket scaffolds.
    (h) Roof bracket scaffolds.
    (i) Outrigger scaffolds (one level).
    (j) Pump jack scaffolds.
    (k) Ladder jack scaffolds.
    (l) Window jack scaffolds.
    (m) Crawling boards (chicken ladders).
    (n) Step, platform and trestle ladder scaffolds.
    (o) Single-point adjustable suspension scaffolds.
    (p) Two-point adjustable suspension scaffolds.
    (q)(1) Stonesetters' multi-point adjustable suspension scaffolds.
    (2) Masons' multi-point adjustable suspension scaffolds.
    (r) Catenary scaffolds.
    (s) Float (ship) scaffolds.
    (t) Interior hung scaffolds.
    (u) Needle beam scaffolds.
    (v) Multi-level suspension scaffolds.
    (w) Mobile scaffolds.
    (x) Repair bracket scaffolds.
    (y) Stilts.
    (z) Tank builders' scaffolds.

                    1. General Guidelines and Tables

    (a) The following tables, and the tables in part 2--Specific 
guidelines and tables, assume that all load-carrying timber members 
(except planks) of the scaffold are a minimum of 1,500 lb-f/in\2\ 
(stress grade) construction grade lumber. All dimensions are nominal 
sizes as provided in the American Softwood Lumber Standards, dated 
January 1970, except that, where rough sizes are noted, only rough or 
undressed lumber of the size specified will satisfy minimum 
requirements.
    (b) Solid sawn wood used as scaffold planks shall be selected for 
such use following the grading rules established by a recognized lumber 
grading association or by an independent lumber grading inspection 
agency. Such planks shall be identified by the grade stamp of such 
association or agency. The association or agency and the grading rules 
under which the wood is graded shall be certified by the Board of 
Review, American Lumber Standard Committee, as set forth in the American 
Softwood Lumber Standard of the U.S. Department of Commerce.
    (i) Allowable spans shall be determined in compliance with the 
National Design Specification for Wood Construction published by the 
National Forest Products Association; paragraph 5 of ANSI A10.8-1988 
Scaffolding-Safety Requirements published by the American National 
Standards Institute; or for 2 x 10 inch (nominal) or 2 x 9 inch (rough) 
solid sawn wood planks, as shown in the following table:

[[Page 279]]



------------------------------------------------------------------------
                                              Maximum         Maximum
                                            permissible     permissible
                                            span using      span using
Maximum intended nominal load (lb/ft\2\)  full thickness      nominal
                                             undressed       thickness
                                            lumber (ft)     lumber (ft)
------------------------------------------------------------------------
25......................................              10               8
50......................................               8               6
75......................................               6  ..............
------------------------------------------------------------------------

    (ii) The maximum permissible span for 1\1/4\ x 9-inch or wider wood 
plank of full thickness with a maximum intended load of 50 lb/ft.\2\ 
shall be 4 feet.
    (c) Fabricated planks and platforms may be used in lieu of solid 
sawn wood planks. Maximum spans for such units shall be as recommended 
by the manufacturer based on the maximum intended load being calculated 
as follows:

------------------------------------------------------------------------
   Rated load capacity                     Intended load
------------------------------------------------------------------------
Light-duty...............   25 pounds per square foot
                            applied uniformly over the entire span area.
Medium-duty..............   50 pounds per square foot
                            applied uniformly over the entire span area.
Heavy-duty...............   75 pounds per square foot
                            applied uniformly over the entire span area.
One-person...............   250 pounds placed at the
                            center of the span (total 250 pounds).
Two-person...............   250 pounds placed 18
                            inches to the left and right of the center
                            of the span (total 500 pounds).
Three-person.............   250 pounds placed at the
                            center of the span and 250 pounds placed 18
                            inches to the left and right of the center
                            of the span (total 750 pounds).
------------------------------------------------------------------------

    Note: Platform units used to make scaffold platforms intended for 
light-duty use shall be capable of supporting at least 25 pounds per 
square foot applied uniformly over the entire unit-span area, or a 250-
pound point load placed on the unit at the center of the span, whichever 
load produces the greater shear force.
    (d) Guardrails shall be as follows:
    (i) Toprails shall be equivalent in strength to 2 inch by 4 inch 
lumber; or
    1\1/4\ inch x \1/8\ inch structural angle iron; or
    1 inch x .070 inch wall steel tubing; or 1.990 inch x .058 inch wall 
aluminum tubing.
    (ii) Midrails shall be equivalent in strength to 1 inch by 6 inch 
lumber; or
    1\1/4\ inch x 1\1/4\ inch x \1/8\ inch structural angle iron; or
    1 inch x .070 inch wall steel tubing; or
    1.990 inch x .058 inch wall aluminum tubing.
    (iii) Toeboards shall be equivalent in strength to 1 inch by 4 inch 
lumber; or
    1\1/4\ inch x 1\1/4\ inch structural angle iron; or
    1 inch x .070 inch wall steel tubing; or
    1.990 inch x .058 inch wall aluminum tubing.
    (iv) Posts shall be equivalent in strength to 2 inch by 4 inch 
lumber; or
    1\1/4\ inch x 1\1/4\ inch x \1/8\ structural angle iron; or
    1 inch x .070 inch wall steel tubing; or
    1.990 inch x .058 inch wall aluminum tubing.
    (v) Distance between posts shall not exceed 8 feet.
    (e) Overhead protection shall consist of 2 inch nominal planking 
laid tight, or \3/4\-inch plywood.
    (f) Screen installed between toeboards and midrails or toprails 
shall consist of No. 18 gauge U.S. Standard wire one inch mesh.

                   2. Specific guidelines and tables.

    (a) Pole Scaffolds.

                                         Single Pole Wood Pole Scaffolds
----------------------------------------------------------------------------------------------------------------
                                 Light duty up to 20   Light duty up to    Medium duty up to   Heavy duty up to
                                      feet high          60 feet high        60 feet high        60 feet high
----------------------------------------------------------------------------------------------------------------
Maximum intended load (lbs/ft    25.................  25................  50................  75
 \2\).
Poles or uprights..............  2 x 4 in...........  4 x 4 in..........  4 x 4 in..........  4 x 6 in.
Maximum pole spacing             6 feet.............  10 feet...........  8 feet............  6 feet
 (longitudinal).
Maximum pole spacing             5 feet.............  5 feet............  5 feet............  5 feet
 (transverse).
Runners........................  1 x 4 in...........  1\1/4\ x 9 in.....  2 x 10 in.........  2 x 10 in.
Bearers and maximum spacing of
 bearers:
    3 feet.....................  2 x 4 in...........  2 x 4 in..........  2 x 10 in. or 3 x   2 x 10 in. or 3 x
                                                                           4 in.               5 in.
    5 feet.....................  2 x 6 in. or 3 x 4   2 x 6 in. or 3 x 4  2 x 10 in. or 3 x   2 x 10 in. or 3 x
                                  in.                  in. (rough).        4 in.               5 in.
    6 feet.....................  ...................  ..................  2 x 10 in. or 3 x   2 x 10 in. or 3 x
                                                                           4 in.               5 in.
    8 feet.....................  ...................  ..................  2 x 10 in. or 3 x   ..................
                                                                           4 in.
Planking.......................  1\1/4\ x 9 in......  2 x 10 in.........  2 x 10 in.........  2 x 10 in.
Maximum vertical spacing of      7 feet.............  9 feet............  7 feet............  6 ft. 6 in.
 horizontal members.
Bracing horizontal.............  1 x 4 in...........  1 x 4 in..........  1 x 6 in. or 1\1/   2 x 4 in.
                                                                           4\ x 4 in.

[[Page 280]]

 
Bracing diagonal...............  1 x 4 in...........  1 x 4 in..........  1 x 4 in..........  2 x 4 in.
Tie-ins........................  1 x 4 in...........  1 x 4 in..........  1 x 4 in..........  1 x 4 in.
----------------------------------------------------------------------------------------------------------------
Note: All members except planking are used on edge. All wood bearers shall be reinforced with \3/16\ x 2 inch
  steel strip, or the equivalent, secured to the lower edges for the entire length of the bearer.


                                         Independent Wood Pole Scaffolds
----------------------------------------------------------------------------------------------------------------
                                 Light duty up to 20   Light duty up to    Medium duty up to   Heavy duty up to
                                      feet high          60 feet high        60 feet high        60 feet high
----------------------------------------------------------------------------------------------------------------
Maximum intended load..........  25 lbs/ft\2\.......  25 lbs/ft\2\......  50 lbs/ft\2\......  75 lbs/ft\2\.
Poles or uprights..............  2 x 4 in...........  4 x 4 in..........  4 x 4 in..........  4 x 4 in.
Maximum pole spacing             6 feet.............  10 feet...........  8 feet............  6 feet.
 (longitudinal).
Maximum (transverse)...........  6 feet.............  10 feet...........  8 feet............  8 feet.
Runners........................  1\1/4\ x 4 in......  1\1/4\ x 9 in.....  2 x 10 in.........  2 x 10 in.
Bearers and maximum spacing of
 bearers:
    3 feet.....................  2 x 4 in...........  2 x 4 in..........  2 x 10 in.........  2 x 10 in.
                                                                                               (rough).
    6 feet.....................  2 x 6 in. or 3 x 4   2 x 10 in. (rough)  2 x 10 in.........  2 x 10 in.
                                  in.                  or 3 x 8 in.                            (rough).
    8 feet.....................  2 x 6 in. or 3 x 4   2 x 10 in. (rough)  2 x 10 in.........  ..................
                                  in.                  or 3 x 8 in.
    10 feet....................  2 x 6 in. or 3 x 4   2 x 10 in. (rough)  ..................  ..................
                                  in.                  or 3 x 3 in.
Planking.......................  1\1/4\ x 9 in......  2 x 10 in.........  2 x 10 in.........  2 x 10 in.
Maximum vertical spacing of      7 feet.............  7 feet............  6 feet............  6 feet.
 horizontal members.
Bracing horizontal.............  1 x 4 in...........  1 x 4 in..........  1 x 6 in. or 1\1/   2 x 4 in.
                                                                           4\ x 4 in.
Bracing diagonal...............  1 x 4 in...........  1 x 4 in..........  1 x 4 in..........  2 x 4 in.
Tie-ins........................  1 x 4 in...........  1 x 4 in..........  1 x 4 in..........  1 x 4 in.
----------------------------------------------------------------------------------------------------------------
Note: All members except planking are used on edge. All wood bearers shall be reinforced with \3/16\ x 2 inch
  steel strip, or the equivalent, secured to the lower edges for the entire length of the bearer.

    (b) Tube and coupler scaffolds.

                                             Minimum Size of Members
----------------------------------------------------------------------------------------------------------------
                                              Light duty              Medium duty               Heavy duty
----------------------------------------------------------------------------------------------------------------
Maximum intended load................  25 lbs/ft\2\...........  50 lbs/ft\2\...........  75 lbs/ft\2\.
Posts, runners and braces............  Nominal 2 in. (1.90      Nominal 2 in. (1.90      Nominal 2 in. (1.90
                                        inches) OD steel tube    inches) OD steel tube    inches) OD steel tube
                                        or pipe.                 or pipe.                 or pipe.
Bearers..............................  Nominal 2 in. (1.90      Nominal 2 in. (1.90      Nominal 2\1/2\ in.
                                        inches).                 inches).                 (2.375 in.).
                                       OD steel tube or pipe    OD steel tube or pipe    OD steel tube or pipe
                                        and a maximum post       and a maximum post       and a maximum post
                                        spacing of 4 ft. x 10    spacing of 4 ft. x 7     spacing of 6 ft. x 6
                                        ft..                     ft. or.                  ft.
                                                                Nominal 2\1/2\ in.
                                                                 (2.375 in.).
                                                                OD steel tube or pipe
                                                                 and a maximum post
                                                                 spacing of 6 ft. x 8
                                                                 ft. *.
Maximum runner spacing vertically....  6 ft. 6 in.............  6 ft. 6 in.............  6 ft. 6 in.
----------------------------------------------------------------------------------------------------------------
* Bearers shall be installed in the direction of the shorter dimension.
 
Note: Longitudinal diagonal bracing shall be installed at an angle of 45[deg] (5[deg]).


                    Maximum Number of Planked Levels
------------------------------------------------------------------------
                                      Maximum number of
                                  additional planked levels    Maximum
                                 ---------------------------  height of
                                   Light    Medium   Heavy     scaffold
                                    duty     duty     duty    (in feet)
------------------------------------------------------------------------
Number of Working Levels:
    1...........................       16       11        6          125
    2...........................       11        1        0          125
    3...........................        6        0        0          125

[[Page 281]]

 
    4...........................        1        0        0          125
------------------------------------------------------------------------

    (c) Fabricated frame scaffolds. Because of their prefabricated 
nature, no additional guidelines or tables for these scaffolds are being 
adopted in this Appendix.
    (d) Plasterers', decorators', and large area scaffolds. The 
guidelines for pole scaffolds or tube and coupler scaffolds (Appendix A 
(a) and (b)) may be applied.
    (e) Bricklayers' square scaffolds.
Maximum intended load: 50 lb/ft.\2 \*
---------------------------------------------------------------------------

    * The squares shall be set not more than 8 feet apart for light duty 
scaffolds and not more than 5 feet apart for medium duty scaffolds.
---------------------------------------------------------------------------

Maximum width: 5 ft.
Maximum height: 5 ft.
Gussets: 1 x 6 in.
Braces: 1 x 8 in.
Legs: 2 x 6 in.
Bearers (horizontal members): 2 x 6 in.
    (f) Horse scaffolds.
Maximum intended load (light duty): 25 lb/ft.\2\ **
---------------------------------------------------------------------------

    ** Horses shall be spaced not more than 8 feet apart for light duty 
loads, and not more than 5 feet apart for medium duty loads.
---------------------------------------------------------------------------

Maximum intended load (medium duty): 50 lb/ft.\2\ **
Horizontal members or bearers:
    Light duty: 2 x 4 in.
    Medium duty: 3 x 4 in.
Legs: 2 x 4 in.
Longitudinal brace between legs: 1 x 6 in.
Gusset brace at top of legs: 1 x 8 in.
Half diagonal braces: 2 x 4 in.

    (g) Form scaffolds and carpenters' bracket scaffolds. (1) Brackets 
shall consist of a triangular-shaped frame made of wood with a cross-
section not less than 2 inches by 3 inches, or of 1\1/4\ inch x 1\1/4\ 
inch x \1/8\ inch structural angle iron.
    (2) Bolts used to attach brackets to structures shall not be less 
than \5/8\ inches in diameter.
    (3) Maximum bracket spacing shall be 8 feet on centers.
    (4) No more than two employees shall occupy any given 8 feet of a 
bracket or form scaffold at any one time. Tools and materials shall not 
exceed 75 pounds in addition to the occupancy.
    (5) Wooden figure-four scaffolds:

Maximum intended load: 25 lb/ft.\2\
Uprights: 2 x 4 in. or 2 x 6 in.
Bearers (two): 1 x 6 in.
Braces: 1 x 6 in.
Maximum length of bearers (unsupported): 3 ft. 6 in.
    (i) Outrigger bearers shall consist of two pieces of 1 x 6 inch 
lumber nailed on opposite sides of the vertical support.
    (ii) Bearers for wood figure-four brackets shall project not more 
than 3 feet 6 inches from the outside of the form support, and shall be 
braced and secured to prevent tipping or turning. The knee or angle 
brace shall intersect the bearer at least 3 feet from the form at an 
angle of approximately 45 degrees, and the lower end shall be nailed to 
a vertical support.
    (6) Metal bracket scaffolds:

Maximum intended load: 25 lb/ft.\2\
Uprights: 2 x 4 inch
Bearers: As designed.
Braces: As designed.

    (7) Wood bracket scaffolds:

Maximum intended load: 25 lb/ft.\2\
Uprights: 2 x 4 in or 2 x 6 in
Bearers: 2 x 6 in
Maximum scaffold width: 3 ft 6 in
Braces: 1 x 6 in

    (h) Roof bracket scaffolds. No specific guidelines or tables are 
given.
    (i) Outrigger scaffolds (single level). No specific guidelines or 
tables are given.
    (j) Pump jack scaffolds. Wood poles shall not exceed 30 feet in 
height. Maximum intended load--500 lbs between poles; applied at the 
center of the span. Not more than two employees shall be on a pump jack 
scaffold at one time between any two supports. When 2 x 4's are spliced 
together to make a 4 x 4 inch wood pole, they shall be spliced with ``10 
penny'' common nails no more than 12 inches center to center, staggered 
uniformly from the opposite outside edges.
    (k) Ladder jack scaffolds. Maximum intended load--25 lb/ft\2\. 
However, not more than two employees shall occupy any platform at any 
one time. Maximum span between supports shall be 8 feet.
    (l) Window jack scaffolds. Not more than one employee shall occupy a 
window jack scaffold at any one time.
    (m) Crawling boards (chicken ladders). Crawling boards shall be not 
less than 10 inches wide and 1 inch thick, with cleats having a minimum 
1 x 1\1/2\ inch cross-sectional area. The cleats shall be equal in

[[Page 282]]

length to the width of the board and spaced at equal intervals not to 
exceed 24 inches.
    (n) Step, platform, and trestle ladder scaffolds. No additional 
guidelines or tables are given.
    (o) Single-point adjustable suspension scaffolds. Maximum intended 
load--250 lbs. Wood seats for boatswains' chairs shall be not less than 
1 inch thick if made of non-laminated wood, or \5/8\ inches thick if 
made of marine quality plywood.
    (p) Two-point adjustable suspension scaffolds. (1) In addition to 
direct connections to buildings (except window cleaners' anchors) 
acceptable ways to prevent scaffold sway include angulated roping and 
static lines. Angulated roping is a system of platform suspension in 
which the upper wire rope sheaves or suspension points are closer to the 
plane of the building face than the corresponding attachment points on 
the platform, thus causing the platform to press against the face of the 
building. Static lines are separate ropes secured at their top and 
bottom ends closer to the plane of the building face than the outermost 
edge of the platform. By drawing the static line taut, the platform is 
drawn against the face of the building.
    (2) On suspension scaffolds designed for a working load of 500 
pounds, no more than two employees shall be permitted on the scaffold at 
one time. On suspension scaffolds with a working load of 750 pounds, no 
more than three employees shall be permitted on the scaffold at one 
time.
    (3) Ladder-type platforms. The side stringer shall be of clear 
straight-grained spruce. The rungs shall be of straight-grained oak, 
ash, or hickory, at least 1\1/8\ inches in diameter, with \7/8\ inch 
tenons mortised into the side stringers at least \7/8\ inch. The 
stringers shall be tied together with tie rods not less than \1/4\ inch 
in diameter, passing through the stringers and riveted up tight against 
washers on both ends. The flooring strips shall be spaced not more than 
\5/8\ inch apart, except at the side rails where the space may be 1 
inch. Ladder-type platforms shall be constructed in accordance with the 
following table:

                                       Schedule for Ladder-Type Platforms
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Length of Platform...............  12 feet..................  14 & 16 feet............  18 & 20 feet.
Side stringers, minimum cross
 section (finished sizes):
    At ends......................  1\3/4\ x 2\3/4\ in.......  1\3/4\ x 2\3/4\ in......  1\3/4\ x 3 in.
    At middle....................  1\3/4\ x 3\3/4\ in.......  1\3/4\ x 3\3/4\ in......  1\3/4\ x 4 in.
Reinforcing strip (minimum)......  A \1/8\ x \7/8\ inch steel reinforcing strip shall be attached to the side or
                                                               underside, full length.
Rungs............................     Rungs shall be 1\1/8\ inch minimum diameter with at least \7/8\ inch in
                                       diameter tenons, and the maximum spacing shall be 12 inches to center.
Tie rods:
    Number (minimum).............  3........................  4.......................  4
    Diameter (minimum)...........  \1/4\ inch...............  \1/4\ inch..............  \1/4\ inch
Flooring, minimum finished size..  \1/2\ x 2\3/4\ in........  \1/2\ x 2\3/4\ in.......  \1/2\ x 2\3/4\ in.
----------------------------------------------------------------------------------------------------------------


                   Schedule for Ladder-Type Platforms
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Length of Platform..........  22 & 24 ft..........  28 & 30 ft.
Side stringers, minimum
 cross section (finished
 sizes):
    At ends.................  1\3/4\ x 3 in.......  1\3/4\ x 3\1/2\ in.
    At middle...............  1\3/4\ x 4\1/4\ in..  1\3/4\ x 5 in.
Reinforcing strip (minimum).    A \1/8\ x \7/8\-inch steel reinforcing
                                 strip shall be attached to the side or
                                        underside, full length.
Rungs.......................      Rungs shall be 1\1/8\ inch minimum
                                  diameter with at least \7/8\ inch in
                                diameter tenons, and the maximum spacing
                                shall be 12 inches to center. Tie rods.
    Number (minimum)........  5...................  6.
    Diameter (minimum)......  \1/4\ in............  \1/4\ in.
Flooring, minimum finished    \1/2\ x 2\3/4\ in...  \1/2\ x 2\3/4\ in.
 size.
------------------------------------------------------------------------


[[Page 283]]

    (4) Plank-Type Platforms. Plank-type platforms shall be composed of 
not less than nominal 2 x 8 inch unspliced planks, connected together on 
the underside with cleats at intervals not exceeding 4 feet, starting 6 
inches from each end. A bar or other effective means shall be securely 
fastened to the platform at each end to prevent the platform from 
slipping off the hanger. The span between hangers for plank-type 
platforms shall not exceed 10 feet.
    (5) Beam-Type Platforms. Beam platforms shall have side stringers of 
lumber not less than 2 x 6 inches set on edge. The span between hangers 
shall not exceed 12 feet when beam platforms are used. The flooring 
shall be supported on 2 x 6 inch cross beams, laid flat and set into the 
upper edge of the stringers with a snug fit, at intervals of not more 
than 4 feet, securely nailed to the cross beams. Floor-boards shall not 
be spaced more than \1/2\ inch apart.
    (q)(1) Multi-point adjustable suspension scaffolds and stonesetters' 
multi-point adjustable suspension scaffolds. No specific guidelines or 
tables are given for these scaffolds.
    (2) Masons' multi-point adjustable suspension scaffolds. Maximum 
intended load--50 lb/ft\2\. Each outrigger beam shall be at least a 
standard 7 inch, 15.3 pound steel I-beam, at least 15 feet long. Such 
beams shall not project more than 6 feet 6 inches beyond the bearing 
point. Where the overhang exceeds 6 feet 6 inches, outrigger beams shall 
be composed of stronger beams or multiple beams.
    (r) Catenary scaffolds. (1) Maximum intended load--500 lbs.
    (2) Not more than two employees shall be permitted on the scaffold 
at one time.
    (3) Maximum capacity of come-along shall be 2,000 lbs.
    (4) Vertical pickups shall be spaced not more than 50 feet apart.
    (5) Ropes shall be equivalent in strength to at least \1/2\ inch 
(1.3 cm) diameter improved plow steel wire rope.
    (s) Float (ship) scaffolds. (1) Maximum intended load--750 lbs.
    (2) Platforms shall be made of \3/4\ inch plywood, equivalent in 
rating to American Plywood Association Grade B-B, Group I, Exterior.
    (3) Bearers shall be made from 2 x 4 inch, or 1 x 10 inch rough 
lumber. They shall be free of knots and other flaws.
    (4) Ropes shall be equivalent in strength to at least 1 inch (2.5 
cm) diameter first grade manila rope.
    (t) Interior hung scaffolds.

Bearers (use on edge): 2 x 10 in.
Maximum intended load: Maximum span
25 lb/ft.\2\: 10 ft.
50 lb/ft.\2\: 10 ft.
75 lb/ft.\2\: 7 ft.

    (u) Needle beam scaffolds.

Maximum intended load: 25 lb/ft.\2\
Beams: 4 x 6 in.
Maximum platform span: 8 ft.
Maximum beam span: 10 ft.
    (1) Ropes shall be attached to the needle beams by a scaffold hitch 
or an eye splice. The loose end of the rope shall be tied by a bowline 
knot or by a round turn and a half hitch.
    (2) Ropes shall be equivalent in strength to at least 1 inch (2.5 
cm) diameter first grade manila rope.
    (v) Multi-level suspension scaffolds. No additional guidelines or 
tables are being given for these scaffolds.
    (w) Mobile Scaffolds. Stability test as described in the ANSI A92 
series documents, as appropriate for the type of scaffold, can be used 
to establish stability for the purpose of Sec.  1926.452(w)(6).
    (x) Repair bracket scaffolds. No additional guidelines or tables are 
being given for these scaffolds.
    (y) Stilts. No specific guidelines or tables are given.
    (z) Tank builder's scaffold. (1) The maximum distance between 
brackets to which scaffolding and guardrail supports are attached shall 
be no more than 10 feet 6 inches.
    (2) Not more than three employees shall occupy a 10 feet 6 inch span 
of scaffold planking at any time.
    (3) A taut wire or synthetic rope supported on the scaffold brackets 
shall be installed at the scaffold plank level between the innermost 
edge of the scaffold platform and the curved plate structure of the tank 
shell to serve as a safety line in lieu of an inner guardrail assembly 
where the space between the scaffold platform and the tank exceeds 12 
inches (30.48 cm). In the event the open space on either side of the 
rope exceeds 12 inches (30.48 cm), a second wire or synthetic rope 
appropriately placed, or guardrails in accordance with Sec.  
1926.451(g)(4), shall be installed in order to reduce that open space to 
less than 12 inches (30.48 cm).
    (4) Scaffold planks of rough full-dimensioned 2-inch (5.1 cm) x 12-
inch (30.5 cm) Douglas Fir or Southern Yellow Pine of Select Structural 
Grade shall be used. Douglas Fir planks shall have a fiber stress of at 
least 1900 lb/in\2\ (130,929 n/cm\2\) and a modulus of elasticity of at 
least 1,900,000 lb/in\2\ (130,929,000 n/cm\2\), while Yellow Pine planks 
shall have a fiber stress of at least 2500 lb/in\2\ (172,275 n/cm\2\) 
and a modulus of elasticity of at least 2,000,000 lb/in\2\ (137,820,000 
n/cm\2\).
    (5) Guardrails shall be constructed of a taut wire or synthetic 
rope, and shall be supported by angle irons attached to brackets welded 
to the steel plates. These guardrails shall comply with Sec.  
1926.451(g)(4). Guardrail supports shall be located at no greater than 
10 feet 6 inch intervals.

[44 FR 8577, Feb. 9, 1979, as amended at 77 FR 46950, Aug. 7, 2012]

[[Page 284]]



Sec. (Non-mandatory) Appendix B to Subpart L of Part 1926--Criteria for 
Determining the Feasibility of Providing Safe Access and Fall Protection 
            for Scaffold Erectors and Dismantlers [Reserved]



   Sec. (Non-mandatory) Appendix C to Subpart L of Part 1926--List of 
                      National Consensus Standards

ANSI/SIA A92.2-1990 Vehicle-Mounted Elevating and Rotating Aerial 
          Devices
ANSI/SIA A92.3-1990 Manually Propelled Elevating Aerial Platforms
ANSI/SIA A92.5-1990 Boom Supported Elevating Work Platforms
ANSI/SIA A92.6-1990 Self-Propelled Elevating Work Platforms
ANSI/SIA A92.7-1990 Airline Ground Support Vehicle-Mounted Vertical Lift 
          Devices
ANSI/SIA A92.8-1993 Vehicle-Mounted Bridge Inspection and Maintenance 
          Devices
ANSI/SIA A92.9-1993 Mast-Climbing Work Platforms



   Sec. (Non-mandatory) Appendix D to Subpart L of Part 1926--List of 
          Training Topics for Scaffold Erectors and Dismantlers

    This appendix D is provided to serve as a guide to assist employers 
when evaluating the training needs of employees erecting or dismantling 
supported scaffolds.
    The Agency believes that employees erecting or dismantling scaffolds 
should be trained in the following topics:
 General Overview of Scaffolding
     regulations and standards
     erection/dismantling planning
     PPE and proper procedures
     fall protection
     materials handling
     access
     working platforms
     foundations
     guys, ties and braces
 Tubular Welded Frame Scaffolds
     specific regulations and standards
     components
     parts inspection
     erection/dismantling planning
     guys, ties and braces
     fall protection
     general safety
     access and platforms
     erection/dismantling procedures
     rolling scaffold assembly
     putlogs
 Tube and Clamp Scaffolds
     specific regulations and standards
     components
     parts inspection
     erection/dismantling planning
     guys, ties and braces
     fall protection
     general safety
     access and platforms
     erection/dismantling procedures
     buttresses, cantilevers, & bridges
 System Scaffolds
     specific regulations and standards
     components
     parts inspection
     erection/dismantling planning
     guys, ties and braces
     fall protection
     general safety
     access and platforms
     erection/dismantling procedures
     buttresses, cantilevers, & bridges

    Scaffold erectors and dismantlers should all receive the general 
overview, and, in addition, specific training for the type of supported 
scaffold being erected or dismantled.

   (Non-mandatory) Appendix E to Subpart L of Part 1926--Drawings and 
                              Illustrations

    This appendix provides drawings of particular types of scaffolds and 
scaffold components, and graphic illustrations of bracing patterns and 
tie spacing patterns.
    This appendix is intended to provide visual guidance to assist the 
user in complying with the requirements of subpart L, part 1926.

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          HOISTS MUST BE ELECTRONICALLY ISOLATED FROM SCAFFOLD

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[61 FR 46122, Aug. 30, 1996; 61 FR 59832, Nov. 25, 1996; 85 FR 8736, 
Feb. 18, 2020]



                        Subpart M_Fall Protection

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912), as 
applicable; and 29 CFR Part 1911.

    Source: 59 FR 40730, Aug. 9, 1994, unless otherwise noted.



Sec.  1926.500  Scope, application, and definitions applicable to 
this subpart.

    (a) Scope and application. (1) This subpart sets forth requirements 
and criteria for fall protection in construction workplaces covered 
under 29 CFR part 1926. Exception: The provisions of this subpart do not 
apply when employees are making an inspection, investigation, or 
assessment of workplace conditions prior to the actual start of 
construction work or after all construction work has been completed.

[[Page 294]]

    (2) Section 1926.501 sets forth those workplaces, conditions, 
operations, and circumstances for which fall protection shall be 
provided except as follows:
    (i) Requirements relating to fall protection for employees working 
on scaffolds are provided in subpart L of this part.
    (ii) Requirements relating to fall protection for employees working 
on cranes and derricks are provided in subpart CC of this part.
    (iii) Fall protection requirements for employees performing steel 
erection work (except for towers and tanks) are provided in subpart R of 
this part.
    (iv) Requirements relating to fall protection for employees working 
on certain types of equipment used in tunneling operations are provided 
in subpart S of this part.
    (v) Requirements relating to fall protection for employees engaged 
in the erection of tanks and communication and broadcast towers are 
provided in Sec.  1926.105.
    (vi) Subpart V of this part provides requirements relating to fall 
protection for employees working from aerial lifts or on poles, towers, 
or similar structures while engaged in the construction of electric 
transmission or distribution lines or equipment.
    (vii) Requirements relating to fall protection for employees working 
on stairways and ladders are provided in subpart X of this part.
    (3) Section 1926.502 sets forth the requirements for the 
installation, construction, and proper use of fall protection required 
by part 1926, except as follows:
    (i) Performance requirements for guardrail systems used on scaffolds 
and performance requirements for falling object protection used on 
scaffolds are provided in subpart L of this part.
    (ii) Performance requirements for stairways, stairrail systems, and 
handrails are provided in subpart X of this part.
    (iii) Additional performance requirements for fall arrest and work-
positioning equipment are provided in subpart V of this part.
    (iv) Section 1926.502 does not apply to the erection of tanks and 
communication and broadcast towers. (Note: Section 1926.104 sets the 
criteria for body belts, lanyards and lifelines used for fall protection 
during tank and communication and broadcast tower erection. Paragraphs 
(b),(c) and (f) of Sec.  1926.107 provide definitions for the pertinent 
terms.)
    (v) Criteria for steps, handholds, ladders, and grabrails/
guardrails/railings required by subpart CC are provided in subpart CC. 
Sections 1926.502(a), (c) through (e), and (i) apply to activities 
covered under subpart CC unless otherwise stated in subpart CC. No other 
paragraphs of Sec.  1926.502 apply to subpart CC.
    (4) Section 1926.503 sets forth requirements for training in the 
installation and use of fall protection systems, except in relation to 
steel erection activities and the use of equipment covered by subpart 
CC.
    (b) Definitions.
    Anchorage means a secure point of attachment for lifelines, lanyards 
or deceleration devices.
    Body belt (safety belt) means a strap with means both for securing 
it about the waist and for attaching it to a lanyard, lifeline, or 
deceleration device.
    Body harness means straps which may be secured about the employee in 
a manner that will distribute the fall arrest forces over at least the 
thighs, pelvis, waist, chest and shoulders with means for attaching it 
to other components of a personal fall arrest system.
    Buckle means any device for holding the body belt or body harness 
closed around the employee's body.
    Connector means a device which is used to couple (connect) parts of 
the personal fall arrest system and positioning device systems 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 dee-ring sewn into a body belt or body harness, or a snap-hook 
spliced or sewn to a lanyard or self-retracting lanyard).
    Controlled access zone (CAZ) means an area in which certain work 
(e.g., overhand bricklaying) may take place without the use of guardrail 
systems, personal fall arrest systems, or safety net systems and access 
to the zone is controlled.
    Dangerous equipment means equipment (such as pickling or galvanizing

[[Page 295]]

tanks, degreasing units, machinery, electrical equipment, and other 
units) which, as a result of form or function, may be hazardous to 
employees who fall onto or into such equipment.
    Deceleration device means any mechanism, such as a rope grab, rip-
stitch lanyard, specially-woven lanyard, tearing or deforming lanyards, 
automatic self-retracting lifelines/lanyards, etc., 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 methods, 
materials or designs specified in the standard.
    Failure means load refusal, breakage, or separation of component 
parts. Load refusal is the point where the ultimate strength is 
exceeded.
    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 they 
operate and fall arrest forces occur.
    Guardrail system means a barrier erected to prevent employees from 
falling to lower levels.
    Hole means a gap or void 2 inches (5.1 cm) or more in its least 
dimension, in a floor, roof, or other walking/working surface.
    Infeasible means that it is impossible to perform the construction 
work using a conventional fall protection system (i.e., guardrail 
system, safety net system, or personal fall arrest system) or that it is 
technologically impossible to use any one of these systems to provide 
fall protection.
    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.
    Leading edge means the edge of a floor, roof, or formwork for a 
floor or other walking/working surface (such as the deck) which changes 
location as additional floor, roof, decking, or formwork sections are 
placed, formed, or constructed. A leading edge is considered to be an 
``unprotected side and edge'' during periods when it is not actively and 
continuously under construction.
    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.
    Low-slope roof means a roof having a slope less than or equal to 4 
in 12 (vertical to horizontal).
    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, platforms, ramps, runways, excavations, pits, tanks, 
material, water, equipment, structures, or portions thereof.
    Mechanical equipment means all motor or human propelled wheeled 
equipment used for roofing work, except wheelbarrows and mopcarts.
    Opening means a gap or void 30 inches (76 cm) or more high and 18 
inches (48 cm) or more wide, in a wall or partition, through which 
employees can fall to a lower level.
    Overhand bricklaying and related work means the process of laying 
bricks and

[[Page 296]]

masonry units such that the surface of the wall to be jointed is on the 
opposite side of the wall from the mason, requiring the mason to lean 
over the wall to complete the work. Related work includes mason tending 
and electrical installation incorporated into the brick wall during the 
overhand bricklaying process.
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a working level. It consists of an anchorage, 
connectors, a body belt or body harness and may include a lanyard, 
deceleration device, lifeline, or suitable combinations of these. 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 on an elevated vertical 
surface, such as a wall, and work with both hands free while leaning.
    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.
    Roof means the exterior surface on the top of a building. This does 
not include floors or formwork which, because a building has not been 
completed, temporarily become the top surface of a building.
    Roofing work means the hoisting, storage, application, and removal 
of roofing materials and equipment, including related insulation, sheet 
metal, and vapor barrier work, but not including the construction of the 
roof deck.
    Safety-monitoring system means a safety system in which a competent 
person is responsible for recognizing and warning employees of fall 
hazards.
    Self-retracting lifeline/lanyard means a deceleration device 
containing a drum-wound line which can be slowly extracted from, or 
retracted onto, the drum under slight tension during normal employee 
movement, and which, after onset of a fall, automatically locks the drum 
and arrests the fall.
    Snaphook means a connector comprised of a hook-shaped member with a 
normally closed keeper, or similar arrangement, which may be opened to 
permit the hook to receive an object and, when released, automatically 
closes to retain the object. Snaphooks are generally one of two types:
    (1) The locking type with a self-closing, self-locking keeper which 
remains closed and locked until unlocked and pressed open for connection 
or disconnection; or
    (2) The non-locking type with a self-closing keeper which remains 
closed until pressed open for connection or disconnection. As of January 
1, 1998, the use of a non-locking snaphook as part of personal fall 
arrest systems and positioning device systems is prohibited.
    Steep roof means a roof having a slope greater than 4 in 12 
(vertical to horizontal).
    Toeboard means a low protective barrier that will prevent the fall 
of materials and equipment to lower levels and provide protection from 
falls for personnel.
    Unprotected sides and edges means any side or edge (except at 
entrances to points of access) of a walking/working surface, e.g., 
floor, roof, ramp, or runway where there is no wall or guardrail system 
at least 39 inches (1.0 m) high.
    Walking/working surface means any surface, whether horizontal or 
vertical on which an employee walks or works, including, but not limited 
to, floors, roofs, ramps, bridges, runways, formwork and concrete 
reinforcing steel but not including ladders, vehicles, or trailers, on 
which employees must be located in order to perform their job duties.
    Warning line system means a barrier erected on a roof to warn 
employees that they are approaching an unprotected roof side or edge, 
and which designates an area in which roofing work may take place 
without the use of guardrail, body belt, or safety net systems to 
protect employees in the area.
    Work area means that portion of a walking/working surface where job 
duties are being performed.

[59 FR 40730, Aug. 9, 1994, as amended at 60 FR 39255, Aug. 2, 1995; 66 
FR 5265, Jan. 18, 2001; 75 FR 48133, Aug. 9, 2010; 79 FR 20696, Apr. 11, 
2014]

[[Page 297]]



Sec.  1926.501  Duty to have fall protection.

    (a) General. (1) This section sets forth requirements for employers 
to provide fall protection systems. All fall protection required by this 
section shall conform to the criteria set forth in Sec.  1926.502 of 
this subpart.
    (2) The employer shall determine if the walking/working surfaces on 
which its employees are to work have the strength and structural 
integrity to support employees safely. Employees shall be allowed to 
work on those surfaces only when the surfaces have the requisite 
strength and structural integrity.
    (b)(1) Unprotected sides and edges. Each employee on a walking/
working surface (horizontal and vertical surface) with an unprotected 
side or edge which is 6 feet (1.8 m) or more above a lower level shall 
be protected from falling by the use of guardrail systems, safety net 
systems, or personal fall arrest systems.
    (2) Leading edges. (i) Each employee who is constructing a leading 
edge 6 feet (1.8 m) or more above lower levels shall be protected from 
falling by guardrail systems, safety net systems, or personal fall 
arrest systems. Exception: When the employer can demonstrate that it is 
infeasible or creates a greater hazard to use these systems, the 
employer shall develop and implement a fall protection plan which meets 
the requirements of paragraph (k) of Sec.  1926.502.
    Note: There is a presumption that it is feasible and will not create 
a greater hazard to implement at least one of the above-listed fall 
protection systems. Accordingly, the employer has the burden of 
establishing that it is appropriate to implement a fall protection plan 
which complies with Sec.  1926.502(k) for a particular workplace 
situation, in lieu of implementing any of those systems.
    (ii) Each employee on a walking/working surface 6 feet (1.8 m) or 
more above a lower level where leading edges are under construction, but 
who is not engaged in the leading edge work, shall be protected from 
falling by a guardrail system, safety net system, or personal fall 
arrest system. If a guardrail system is chosen to provide the fall 
protection, and a controlled access zone has already been established 
for leading edge work, the control line may be used in lieu of a 
guardrail along the edge that parallels the leading edge.
    (3) Hoist areas. Each employee in a hoist area shall be protected 
from falling 6 feet (1.8 m) or more to lower levels by guardrail systems 
or personal fall arrest systems. If guardrail systems, [or chain, gate, 
or guardrail] or portions thereof, are removed to facilitate the 
hoisting operation (e.g., during landing of materials), and an employee 
must lean through the access opening or out over the edge of the access 
opening (to receive or guide equipment and materials, for example), that 
employee shall be protected from fall hazards by a personal fall arrest 
system.
    (4) Holes. (i) Each employee on walking/working surfaces shall be 
protected from falling through holes (including skylights) more than 6 
feet (1.8 m) above lower levels, by personal fall arrest systems, 
covers, or guardrail systems erected around such holes.
    (ii) Each employee on a walking/working surface shall be protected 
from tripping in or stepping into or through holes (including skylights) 
by covers.
    (iii) Each employee on a walking/working surface shall be protected 
from objects falling through holes (including skylights) by covers.
    (5) Formwork and reinforcing steel. Each employee on the face of 
formwork or reinforcing steel shall be protected from falling 6 feet 
(1.8 m) or more to lower levels by personal fall arrest systems, safety 
net systems, or positioning device systems.
    (6) Ramps, runways, and other walkways. Each employee on ramps, 
runways, and other walkways shall be protected from falling 6 feet (1.8 
m) or more to lower levels by guardrail systems.
    (7) Excavations. (i) Each employee at the edge of an excavation 6 
feet (1.8 m) or more in depth shall be protected from falling by 
guardrail systems, fences, or barricades when the excavations are not 
readily seen because of plant growth or other visual barrier;
    (ii) Each employee at the edge of a well, pit, shaft, and similar 
excavation 6 feet (1.8 m) or more in depth shall be protected from 
falling by guardrail systems, fences, barricades, or covers.

[[Page 298]]

    (8) Dangerous equipment. (i) Each employee less than 6 feet (1.8 m) 
above dangerous equipment shall be protected from falling into or onto 
the dangerous equipment by guardrail systems or by equipment guards.
    (ii) Each employee 6 feet (1.8 m) or more above dangerous equipment 
shall be protected from fall hazards by guardrail systems, personal fall 
arrest systems, or safety net systems.
    (9) Overhand bricklaying and related work. (i) Except as otherwise 
provided in paragraph (b) of this section, each employee performing 
overhand bricklaying and related work 6 feet (1.8 m) or more above lower 
levels, shall be protected from falling by guardrail systems, safety net 
systems, personal fall arrest systems, or shall work in a controlled 
access zone.
    (ii) Each employee reaching more than 10 inches (25 cm) below the 
level of the walking/working surface on which they are working, shall be 
protected from falling by a guardrail system, safety net system, or 
personal fall arrest system.
    Note: Bricklaying operations performed on scaffolds are regulated by 
subpart L--Scaffolds of this part.
    (10) Roofing work on Low-slope roofs. Except as otherwise provided 
in paragraph (b) of this section, each employee engaged in roofing 
activities on low-slope roofs, with unprotected sides and edges 6 feet 
(1.8 m) or more above lower levels shall be protected from falling by 
guardrail systems, safety net systems, personal fall arrest systems, or 
a combination of warning line system and guardrail system, warning line 
system and safety net system, or warning line system and personal fall 
arrest system, or warning line system and safety monitoring system. Or, 
on roofs 50-feet (15.25 m) or less in width (see appendix A to subpart M 
of this part), the use of a safety monitoring system alone [i.e. without 
the warning line system] is permitted.
    (11) Steep roofs. Each employee on a steep roof with unprotected 
sides and edges 6 feet (1.8 m) or more above lower levels shall be 
protected from falling by guardrail systems with toeboards, safety net 
systems, or personal fall arrest systems.
    (12) Precast concrete erection. Each employee engaged in the 
erection of precast concrete members (including, but not limited to the 
erection of wall panels, columns, beams, and floor and roof ``tees'') 
and related operations such as grouting of precast concrete members, who 
is 6 feet (1.8 m) or more above lower levels shall be protected from 
falling by guardrail systems, safety net systems, or personal fall 
arrest systems, unless another provision in paragraph (b) of this 
section provides for an alternative fall protection measure. Exception: 
When the employer can demonstrate that it is infeasible or creates a 
greater hazard to use these systems, the employer shall develop and 
implement a fall protection plan which meets the requirements of 
paragraph (k) of Sec.  1926.502.
    Note: There is a presumption that it is feasible and will not create 
a greater hazard to implement at least one of the above-listed fall 
protection systems. Accordingly, the employer has the burden of 
establishing that it is appropriate to implement a fall protection plan 
which complies with Sec.  1926.502(k) for a particular workplace 
situation, in lieu of implementing any of those systems.
    (13) Residential construction. Each employee engaged in residential 
construction activities 6 feet (1.8 m) or more above lower levels shall 
be protected by guardrail systems, safety net system, or personal fall 
arrest system unless another provision in paragraph (b) of this section 
provides for an alternative fall protection measure. Exception: When the 
employer can demonstrate that it is infeasible or creates a greater 
hazard to use these systems, the employer shall develop and implement a 
fall protection plan which meets the requirements of paragraph (k) of 
Sec.  1926.502.
    Note: There is a presumption that it is feasible and will not create 
a greater hazard to implement at least one of the above-listed fall 
protection systems. Accordingly, the employer has the burden of 
establishing that it is appropriate to implement a fall protection plan 
which complies with Sec.  1926.502(k) for a particular workplace 
situation, in lieu of implementing any of those systems.
    (14) Wall openings. Each employee working on, at, above, or near 
wall openings (including those with chutes attached) where the outside 
bottom edge of the wall opening is 6 feet (1.8 m)

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or more above lower levels and the inside bottom edge of the wall 
opening is less than 39 inches (1.0 m) above the walking/working 
surface, shall be protected from falling by the use of a guardrail 
system, a safety net system, or a personal fall arrest system.
    (15) Walking/working surfaces not otherwise addressed. Except as 
provided in Sec.  1926.500(a)(2) or in Sec.  1926.501 (b)(1) through 
(b)(14), each employee on a walking/working surface 6 feet (1.8 m) or 
more above lower levels shall be protected from falling by a guardrail 
system, safety net system, or personal fall arrest system.
    (c) Protection from falling objects. When an employee is exposed to 
falling objects, the employer shall have each employee wear a hard hat 
and shall implement one of the following measures:
    (1) Erect toeboards, screens, or guardrail systems to prevent 
objects from falling from higher levels; or,
    (2) Erect a canopy structure and keep potential fall objects far 
enough from the edge of the higher level so that those objects would not 
go over the edge if they were accidentally displaced; or,
    (3) Barricade the area to which objects could fall, prohibit 
employees from entering the barricaded area, and keep objects that may 
fall far enough away from the edge of a higher level so that those 
objects would not go over the edge if they were accidentally displaced.



Sec.  1926.502  Fall protection systems criteria and practices.

    (a) General. (1) Fall protection systems required by this part shall 
comply with the applicable provisions of this section.
    (2) Employers shall provide and install all fall protection systems 
required by this subpart for an employee, and shall comply with all 
other pertinent requirements of this subpart before that employee begins 
the work that necessitates the fall protection.
    (b) Guardrail systems. Guardrail systems and their use shall comply 
with the following provisions:
    (1) Top edge height of top rails, or equivalent guardrail system 
members, shall be 42 inches (1.1 m) plus or minus 3 inches (8 cm) above 
the walking/working level. When conditions warrant, the height of the 
top edge may exceed the 45-inch height, provided the guardrail system 
meets all other criteria of this paragraph.
    Note: When employees are using stilts, the top edge height of the 
top rail, or equivalent member, shall be increased an amount equal to 
the height of the stilts.
    (2) Midrails, screens, mesh, intermediate vertical members, or 
equivalent intermediate structural members shall be installed between 
the top edge of the guardrail system and the walking/working surface 
when there is no wall or parapet wall at least 21 inches (53 cm) high.
    (i) Midrails, when used, shall be installed at a height midway 
between the top edge of the guardrail system and the walking/working 
level.
    (ii) Screens and mesh, when used, shall extend from the top rail to 
the walking/working level and along the entire opening between top rail 
supports.
    (iii) Intermediate members (such as balusters), when used between 
posts, shall be not more than 19 inches (48 cm) apart.
    (iv) Other structural members (such as additional midrails and 
architectural panels) shall be installed such that there are no openings 
in the guardrail system that are more than 19 inches (.5 m) wide.
    (3) Guardrail systems shall be capable of withstanding, without 
failure, a force of at least 200 pounds (890 N) applied within 2 inches 
(5.1 cm) of the top edge, in any outward or downward direction, at any 
point along the top edge.
    (4) When the 200 pound (890 N) test load specified in paragraph 
(b)(3) of this section is applied in a downward direction, the top edge 
of the guardrail shall not deflect to a height less than 39 inches (1.0 
m) above the walking/working level. Guardrail system components selected 
and constructed in accordance with the appendix B to subpart M of this 
part will be deemed to meet this requirement.
    (5) Midrails, screens, mesh, intermediate vertical members, solid 
panels, and equivalent structural members shall be capable of 
withstanding, without failure, a force of at least 150 pounds (666 N) 
applied in any downward

[[Page 300]]

or outward direction at any point along the midrail or other member.
    (6) Guardrail systems shall be so surfaced as to prevent injury to 
an employee from punctures or lacerations, and to prevent snagging of 
clothing.
    (7) The ends of all top rails and midrails shall not overhang the 
terminal posts, except where such overhang does not constitute a 
projection hazard.
    (8) Steel banding and plastic banding shall not be used as top rails 
or midrails.
    (9) Top rails and midrails shall be at least one-quarter inch (0.6 
cm) nominal diameter or thickness to prevent cuts and lacerations. If 
wire rope is used for top rails, it shall be flagged at not more than 6-
foot (1.8 m) intervals with high-visibility material.
    (10) When guardrail systems are used at hoisting areas, a chain, 
gate or removable guardrail section shall be placed across the access 
opening between guardrail sections when hoisting operations are not 
taking place.
    (11) When guardrail systems are used at holes, they shall be erected 
on all unprotected sides or edges of the hole.
    (12) When guardrail systems are used around holes used for the 
passage of materials, the hole shall have not more than two sides 
provided with removable guardrail sections to allow the passage of 
materials. When the hole is not in use, it shall be closed over with a 
cover, or a guardrail system shall be provided along all unprotected 
sides or edges.
    (13) When guardrail systems are used around holes which are used as 
points of access (such as ladderways), they shall be provided with a 
gate, or be so offset that a person cannot walk directly into the hole.
    (14) Guardrail systems used on ramps and runways shall be erected 
along each unprotected side or edge.
    (15) Manila, plastic or synthetic rope being used for top rails or 
midrails shall be inspected as frequently as necessary to ensure that it 
continues to meet the strength requirements of paragraph (b)(3) of this 
section.
    (c) Safety net systems. Safety net systems and their use shall 
comply with the following provisions:
    (1) Safety nets shall be installed as close as practicable under the 
walking/working surface on which employees are working, but in no case 
more than 30 feet (9.1 m) below such level. When nets are used on 
bridges, the potential fall area from the walking/working surface to the 
net shall be unobstructed.
    (2) Safety nets shall extend outward from the outermost projection 
of the work surface as follows:

------------------------------------------------------------------------
                                             Minimum required horizontal
  Vertical distance from working level to     distance of outer edge of
          horizontal plane of net             net from the edge of the
                                                   working surface
------------------------------------------------------------------------
Up to 5 feet..............................  8 feet.
More than 5 feet up to 10 feet............  10 feet.
More than 10 feet.........................  13 feet.
------------------------------------------------------------------------

    (3) Safety nets shall be installed with sufficient clearance under 
them to prevent contact with the surface or structures below when 
subjected to an impact force equal to the drop test specified in 
paragraph (c)(4) of this section.
    (4) Safety nets and their installations shall be capable of 
absorbing an impact force equal to that produced by the drop test 
specified in paragraph (c)(4)(i) of this section.
    (i) Except as provided in paragraph (c)(4)(ii) of this section, 
safety nets and safety net installations shall be drop-tested at the 
jobsite after initial installation and before being used as a fall 
protection system, whenever relocated, after major repair, and at 6-
month intervals if left in one place. The drop-test shall consist of a 
400 pound (180 kg) bag of sand 30 2 inches (76 
5 cm) in diameter dropped into the net from the 
highest walking/working surface at which employees are exposed to fall 
hazards, but not from less than 42 inches (1.1 m) above that level.
    (ii) When the employer can demonstrate that it is unreasonable to 
perform the drop-test required by paragraph (c)(4)(i) of this section, 
the employer (or a designated competent person) shall certify that the 
net and net installation is in compliance with the provisions of 
paragraphs (c)(3) and (c)(4)(i) of this section by preparing a 
certification record prior to the net being used as a fall protection 
system. The certification record must include an identification of the 
net and net installation for which the certification record is being 
prepared; the date that

[[Page 301]]

it was determined that the identified net and net installation were in 
compliance with paragraph (c)(3) of this section and the signature of 
the person making the determination and certification. The most recent 
certification record for each net and net installation shall be 
available at the jobsite for inspection.
    (5) Defective nets shall not be used. Safety nets shall be inspected 
at least once a week for wear, damage, and other deterioration. 
Defective components shall be removed from service. Safety nets shall 
also be inspected after any occurrence which could affect the integrity 
of the safety net system.
    (6) Materials, scrap pieces, equipment, and tools which have fallen 
into the safety net shall be removed as soon as possible from the net 
and at least before the next work shift.
    (7) The maximum size of each safety net mesh opening shall not 
exceed 36 square inches (230 cm \2\) nor be longer than 6 inches (15 cm) 
on any side, and the opening, measured center-to-center of mesh ropes or 
webbing, shall not be longer than 6 inches (15 cm). All mesh crossings 
shall be secured to prevent enlargement of the mesh opening.
    (8) Each safety net (or section of it) shall have a border rope for 
webbing with a minimum breaking strength of 5,000 pounds (22.2 kN).
    (9) Connections between safety net panels shall be as strong as 
integral net components and shall be spaced not more than 6 inches (15 
cm) apart.
    (d) Personal fall arrest systems. Personal fall arrest systems and 
their use shall comply with the provisions set forth below. Effective 
January 1, 1998, body belts are not acceptable as part of a personal 
fall arrest system. Note: The use of a body belt in a positioning device 
system is acceptable and is regulated under paragraph (e) of this 
section.
    (1) Connectors shall be drop forged, pressed or formed steel, or 
made of equivalent materials.
    (2) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to interfacing 
parts of the system.
    (3) Dee-rings and snaphooks shall have a minimum tensile strength of 
5,000 pounds (22.2 kN).
    (4) Dee-rings and snaphooks shall be proof-tested to a minimum 
tensile load of 3,600 pounds (16 kN) without cracking, breaking, or 
taking permanent deformation.
    (5) Snaphooks shall be sized to be compatible with the member to 
which they are connected to prevent unintentional disengagement of the 
snaphook by depression of the snaphook keeper by the connected member, 
or shall be a locking type snaphook designed and used to prevent 
disengagement of the snaphook by the contact of the snaphook keeper by 
the connected member. Effective January 1, 1998, only locking type 
snaphooks shall be used.
    (6) Unless the snaphook is a locking type and designed for the 
following connections, snaphooks shall not be engaged:
    (i) directly to webbing, rope or wire rope;
    (ii) to each other;
    (iii) to a Dee-ring to which another snaphook or other connector is 
attached;
    (iv) to a horizontal lifeline; or
    (v) to any object which is incompatibly shaped or dimensioned in 
relation to the 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 which may become vertical lifelines, the devices used to 
connect to a horizontal lifeline shall be capable of locking in both 
directions on the lifeline.
    (8) Horizontal lifelines shall be designed, installed, and used, 
under the supervision of a qualified person, as part of a complete 
personal fall arrest system, which maintains a safety factor of at least 
two.
    (9) Lanyards and vertical lifelines shall have a minimum breaking 
strength of 5,000 pounds (22.2 kN).
    (10) (i) Except as provided in paragraph (d)(10)(ii) of this 
section, when vertical lifelines are used, each employee shall be 
attached to a separate lifeline.
    (ii) During the construction of elevator shafts, two employees may 
be attached to the same lifeline in the

[[Page 302]]

hoistway, provided both employees are working atop a false car that is 
equipped with guardrails; the strength of the lifeline is 10,000 pounds 
[5,000 pounds per employee attached] (44.4 kN); and all other criteria 
specified in this paragraph for lifelines have been met.
    (11) Lifelines shall be protected against being cut or abraded.
    (12) Self-retracting lifelines and lanyards which automatically 
limit free fall distance to 2 feet (0.61 m) or less shall be capable of 
sustaining a minimum tensile load of 3,000 pounds (13.3 kN) applied to 
the device with the lifeline or lanyard in the fully extended position.
    (13) 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 
tensile load of 5,000 pounds (22.2 kN) applied to the device with the 
lifeline or lanyard in the fully extended position.
    (14) Ropes and straps (webbing) used in lanyards, lifelines, and 
strength components of body belts and body harnesses shall be made from 
synthetic fibers.
    (15) Anchorages used for attachment of personal fall arrest 
equipment shall be independent of any anchorage being used to support or 
suspend platforms and capable of supporting at least 5,000 pounds (22.2 
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 supervision of a qualified person.
    (16) Personal fall arrest systems, when stopping a fall, shall:
    (i) limit maximum arresting force on an employee to 900 pounds (4 
kN) when used with a body belt;
    (ii) limit maximum arresting force on an employee to 1,800 pounds (8 
kN) when used with a body harness;
    (iii) be rigged such that an employee can neither free fall more 
than 6 feet (1.8 m), nor contact any lower level;
    (iv) bring an employee to a complete stop and limit maximum 
deceleration distance an employee travels to 3.5 feet (1.07 m); and,
    (v) have sufficient strength to withstand twice the potential impact 
energy of an employee free falling a distance of 6 feet (1.8 m), or the 
free fall distance permitted by the system, whichever is less.
    Note: If the personal fall arrest system meets the criteria and 
protocols contained in appendix C to subpart M, and if the system is 
being used by an employee having a combined person and tool weight of 
less than 310 pounds (140 kg), the system will be considered to be in 
compliance with the provisions of paragraph (d)(16) of this section. If 
the system is used by an employee having a combined tool and body weight 
of 310 pounds (140 kg) or more, then the employer must appropriately 
modify the criteria and protocols of the appendix to provide proper 
protection for such heavier weights, or the system will not be deemed to 
be in compliance with the requirements of paragraph (d)(16) of this 
section.
    (17) The attachment point of the body belt shall be located in the 
center of the wearer's back. The attachment point of the body harness 
shall be located in the center of the wearer's back near shoulder level, 
or above the wearer's head.
    (18) Body belts, harnesses, and components shall be used only for 
employee protection (as part of a personal fall arrest system or 
positioning device system) and not to hoist materials.
    (19) 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 
competent person to be undamaged and suitable for reuse.
    (20) The employer shall provide for prompt rescue of employees in 
the event of a fall or shall assure that employees are able to rescue 
themselves.
    (21) Personal fall arrest systems shall be inspected prior to each 
use for wear, damage and other deterioration, and defective components 
shall be removed from service.
    (22) Body belts shall be at least one and five-eighths (1\5/8\) 
inches (4.1 cm) wide.
    (23) Personal fall arrest systems shall not be attached to guardrail 
systems,

[[Page 303]]

nor shall they be attached to hoists except as specified in other 
subparts of this part.
    (24) When a personal fall arrest system is used at hoist areas, it 
shall be rigged to allow the movement of the employee only as far as the 
edge of the walking/working surface.
    (e) Positioning device systems. Positioning device systems and their 
use shall conform to the following provisions:
    (1) Positioning devices shall be rigged such that an employee cannot 
free fall more than 2 feet (.6 m).
    (2) Positioning devices shall be secured to an anchorage capable of 
supporting at least twice the potential impact load of an employee's 
fall or 3,000 pounds (13.3 kN), whichever is greater.
    (3) Connectors shall be drop forged, pressed or formed steel, or 
made of equivalent materials.
    (4) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to interfacing 
parts of this system.
    (5) Connecting assemblies shall have a minimum tensile strength of 
5,000 pounds (22.2 kN)
    (6) Dee-rings and snaphooks shall be proof-tested to a minimum 
tensile load of 3,600 pounds (16 kN) without cracking, breaking, or 
taking permanent deformation.
    (7) Snaphooks shall be sized to be compatible with the member to 
which they are connected to prevent unintentional disengagement of the 
snaphook by depression of the snaphook keeper by the connected member, 
or shall be a locking type snaphook designed and used to prevent 
disengagement of the snaphook by the contact of the snaphook keeper by 
the connected member. As of January 1, 1998, only locking type snaphooks 
shall be used.
    (8) Unless the snaphook is a locking type and designed for the 
following connections, snaphooks shall not be engaged:
    (i) directly to webbing, rope or wire rope;
    (ii) to each other;
    (iii) to a Dee-ring to which another snaphook or other connector is 
attached;
    (iv) to a horizontal lifeline; or
    (v) to any object which is incompatibly shaped or dimensioned in 
relation to the snaphook such that unintentional disengagement could 
occur by the connected object being able to depress the snaphook keeper 
and release itself.
    (9) Positioning device systems shall be inspected prior to each use 
for wear, damage, and other deterioration, and defective components 
shall be removed from service.
    (10) Body belts, harnesses, and components shall be used only for 
employee protection (as part of a personal fall arrest system or 
positioning device system) and not to hoist materials.
    (f) Warning line systems. Warning line systems [See Sec.  
1926.501(b)(10)] and their use shall comply with the following 
provisions:
    (1) The warning line shall be erected around all sides of the roof 
work area.
    (i) When mechanical equipment is not being used, the warning line 
shall be erected not less than 6 feet (1.8 m) from the roof edge.
    (ii) When mechanical equipment is being used, the warning line shall 
be erected not less than 6 feet (1.8 m) from the roof edge which is 
parallel to the direction of mechanical equipment operation, and not 
less than 10 feet (3.1 m) from the roof edge which is perpendicular to 
the direction of mechanical equipment operation.
    (iii) Points of access, materials handling areas, storage areas, and 
hoisting areas shall be connected to the work area by an access path 
formed by two warning lines.
    (iv) When the path to a point of access is not in use, a rope, wire, 
chain, or other barricade, equivalent in strength and height to the 
warning line, shall be placed across the path at the point where the 
path intersects the warning line erected around the work area, or the 
path shall be offset such that a person cannot walk directly into the 
work area.
    (2) Warning lines shall consist of ropes, wires, or chains, and 
supporting stanchions erected as follows:
    (i) The rope, wire, or chain shall be flagged at not more than 6-
foot (1.8 m) intervals with high-visibility material;
    (ii) The rope, wire, or chain shall be rigged and supported in such 
a way

[[Page 304]]

that its lowest point (including sag) is no less than 34 inches (.9 m) 
from the walking/working surface and its highest point is no more than 
39 inches (1.0 m) from the walking/working surface;
    (iii) After being erected, with the rope, wire, or chain attached, 
stanchions shall be capable of resisting, without tipping over, a force 
of at least 16 pounds (71 N) applied horizontally against the stanchion, 
30 inches (.8 m) above the walking/working surface, perpendicular to the 
warning line, and in the direction of the floor, roof, or platform edge;
    (iv) The rope, wire, or chain shall have a minimum tensile strength 
of 500 pounds (2.22 kN), and after being attached to the stanchions, 
shall be capable of supporting, without breaking, the loads applied to 
the stanchions as prescribed in paragraph (f)(2)(iii) of this section; 
and
    (v) The line shall be attached at each stanchion in such a way that 
pulling on one section of the line between stanchions will not result in 
slack being taken up in adjacent sections before the stanchion tips 
over.
    (3) No employee shall be allowed in the area between a roof edge and 
a warning line unless the employee is performing roofing work in that 
area.
    (4) Mechanical equipment on roofs shall be used or stored only in 
areas where employees are protected by a warning line system, guardrail 
system, or personal fall arrest system.
    (g) Controlled access zones. Controlled access zones [See Sec. Sec.  
1926.501(b)(9) and 1926.502(k)] and their use shall conform to the 
following provisions.
    (1) When used to control access to areas where leading edge and 
other operations are taking place the controlled access zone shall be 
defined by a control line or by any other means that restricts access.
    (i) When control lines are used, they shall be erected not less than 
6 feet (1.8 m) nor more than 25 feet (7.7 m) from the unprotected or 
leading edge, except when erecting precast concrete members.
    (ii) When erecting precast concrete members, the control line shall 
be erected not less than 6 feet (1.8 m) nor more than 60 feet (18 m) or 
half the length of the member being erected, whichever is less, from the 
leading edge.
    (iii) The control line shall extend along the entire length of the 
unprotected or leading edge and shall be approximately parallel to the 
unprotected or leading edge.
    (iv) The control line shall be connected on each side to a guardrail 
system or wall.
    (2) When used to control access to areas where overhand bricklaying 
and related work are taking place:
    (i) The controlled access zone shall be defined by a control line 
erected not less than 10 feet (3.1 m) nor more than 15 feet (4.5 m) from 
the working edge.
    (ii) The control line shall extend for a distance sufficient for the 
controlled access zone to enclose all employees performing overhand 
bricklaying and related work at the working edge and shall be 
approximately parallel to the working edge.
    (iii) Additional control lines shall be erected at each end to 
enclose the controlled access zone.
    (iv) Only employees engaged in overhand bricklaying or related work 
shall be permitted in the controlled access zone.
    (3) Control lines shall consist of ropes, wires, tapes, or 
equivalent materials, and supporting stanchions as follows:
    (i) Each line shall be flagged or otherwise clearly marked at not 
more than 6-foot (1.8 m) intervals with high-visibility material.
    (ii) Each line shall be rigged and supported in such a way that its 
lowest point (including sag) is not less than 39 inches (1 m) from the 
walking/working surface and its highest point is not more than 45 inches 
(1.3 m) [50 inches (1.3 m) when overhand bricklaying operations are 
being performed] from the walking/working surface.
    (iii) Each line shall have a minimum breaking strength of 200 pounds 
(.88 kN).
    (4) On floors and roofs where guardrail systems are not in place 
prior to the beginning of overhand bricklaying operations, controlled 
access zones shall be enlarged, as necessary, to enclose all points of 
access, material handling areas, and storage areas.

[[Page 305]]

    (5) On floors and roofs where guardrail systems are in place, but 
need to be removed to allow overhand bricklaying work or leading edge 
work to take place, only that portion of the guardrail necessary to 
accomplish that day's work shall be removed.
    (h) Safety monitoring systems. Safety monitoring systems [See 
Sec. Sec.  1926.501(b)(10) and 1926.502(k)] and their use shall comply 
with the following provisions:
    (1) The employer shall designate a competent person to monitor the 
safety of other employees and the employer shall ensure that the safety 
monitor complies with the following requirements:
    (i) The safety monitor shall be competent to recognize fall hazards;
    (ii) The safety monitor shall warn the employee when it appears that 
the employee is unaware of a fall hazard or is acting in an unsafe 
manner;
    (iii) The safety monitor shall be on the same walking/working 
surface and within visual sighting distance of the employee being 
monitored;
    (iv) The safety monitor shall be close enough to communicate orally 
with the employee; and
    (v) The safety monitor shall not have other responsibilities which 
could take the monitor's attention from the monitoring function.
    (2) Mechanical equipment shall not be used or stored in areas where 
safety monitoring systems are being used to monitor employees engaged in 
roofing operations on low-slope roofs.
    (3) No employee, other than an employee engaged in roofing work [on 
low-sloped roofs] or an employee covered by a fall protection plan, 
shall be allowed in an area where an employee is being protected by a 
safety monitoring system.
    (4) Each employee working in a controlled access zone shall be 
directed to comply promptly with fall hazard warnings from safety 
monitors.
    (i) Covers. Covers for holes in floors, roofs, and other walking/
working surfaces shall meet the following requirements:
    (1) Covers located in roadways and vehicular aisles shall be capable 
of supporting, without failure, at least twice the maximum axle load of 
the largest vehicle expected to cross over the cover.
    (2) All other covers shall be capable of supporting, without 
failure, at least twice the weight of employees, equipment, and 
materials that may be imposed on the cover at any one time.
    (3) All covers shall be secured when installed so as to prevent 
accidental displacement by the wind, equipment, or employees.
    (4) All covers shall be color coded or they shall be marked with the 
word ``HOLE'' or ``COVER'' to provide warning of the hazard.
    Note: This provision does not apply to cast iron manhole covers or 
steel grates used on streets or roadways.
    (j) Protection from falling objects. Falling object protection shall 
comply with the following provisions:
    (1) Toeboards, when used as falling object protection, shall be 
erected along the edge of the overhead walking/working surface for a 
distance sufficient to protect employees below.
    (2) Toeboards shall be capable of withstanding, without failure, a 
force of at least 50 pounds (222 N) applied in any downward or outward 
direction at any point along the toeboard.
    (3) Toeboards shall be a minimum of 3\1/2\ inches (9 cm) in vertical 
height from their top edge to the level of the walking/working surface. 
They shall have not more than \1/4\ inch (0.6 cm) clearance above the 
walking/working surface. They shall be solid or have openings not over 1 
inch (2.5 cm) in greatest dimension.
    (4) Where tools, equipment, or materials are piled higher than the 
top edge of a toeboard, paneling or screening shall be erected from the 
walking/working surface or toeboard to the top of a guardrail system's 
top rail or midrail, for a distance sufficient to protect employees 
below.
    (5) Guardrail systems, when used as falling object protection, shall 
have all openings small enough to prevent passage of potential falling 
objects.
    (6) During the performance of overhand bricklaying and related work:
    (i) No materials or equipment except masonry and mortar shall be 
stored within 4 feet (1.2 m) of the working edge.

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    (ii) Excess mortar, broken or scattered masonry units, and all other 
materials and debris shall be kept clear from the work area by removal 
at regular intervals.
    (7) During the performance of roofing work:
    (i) Materials and equipment shall not be stored within 6 feet (1.8 
m) of a roof edge unless guardrails are erected at the edge.
    (ii) Materials which are piled, grouped, or stacked near a roof edge 
shall be stable and self-supporting.
    (8) Canopies, when used as falling object protection, shall be 
strong enough to prevent collapse and to prevent penetration by any 
objects which may fall onto the canopy.
    (k) Fall protection plan. This option is available only to employees 
engaged in leading edge work, precast concrete erection work, or 
residential construction work (See Sec.  1926.501(b)(2), (b)(12), and 
(b)(13)) who can demonstrate that it is infeasible or it creates a 
greater hazard to use conventional fall protection equipment. The fall 
protection plan must conform to the following provisions.
    (1) The fall protection plan shall be prepared by a qualified person 
and developed specifically for the site where the leading edge work, 
precast concrete work, or residential construction work is being 
performed and the plan must be maintained up to date.
    (2) Any changes to the fall protection plan shall be approved by a 
qualified person.
    (3) A copy of the fall protection plan with all approved changes 
shall be maintained at the job site.
    (4) The implementation of the fall protection plan shall be under 
the supervision of a competent person.
    (5) The fall protection plan shall document the reasons why the use 
of conventional fall protection systems (guardrail systems, personal 
fall arrest systems, or safety nets systems) are infeasible or why their 
use would create a greater hazard.
    (6) The fall protection plan shall include a written discussion of 
other measures that will be taken to reduce or eliminate the fall hazard 
for workers who cannot be provided with protection from the conventional 
fall protection systems. For example, the employer shall discuss the 
extent to which scaffolds, ladders, or vehicle mounted work platforms 
can be used to provide a safer working surface and thereby reduce the 
hazard of falling.
    (7) The fall protection plan shall identify each location where 
conventional fall protection methods cannot be used. These locations 
shall then be classified as controlled access zones and the employer 
must comply with the criteria in paragraph (g) of this section.
    (8) Where no other alternative measure has been implemented, the 
employer shall implement a safety monitoring system in conformance with 
Sec.  1926.502(h).
    (9) The fall protection plan must include a statement which provides 
the name or other method of identification for each employee who is 
designated to work in controlled access zones. No other employees may 
enter controlled access zones.
    (10) In the event an employee falls, or some other related, serious 
incident occurs, (e.g., a near miss) the employer shall investigate the 
circumstances of the fall or other incident to determine if the fall 
protection plan needs to be changed (e.g. new practices, procedures, or 
training) and shall implement those changes to prevent similar types of 
falls or incidents.



Sec.  1926.503  Training requirements.

    The following training provisions supplement and clarify the 
requirements of Sec.  1926.21 regarding the hazards addressed in subpart 
M of this part.
    (a) Training program. (1) The employer shall provide a training 
program for each employee who might be exposed to fall hazards. The 
program shall enable each employee to recognize the hazards of falling 
and shall train each employee in the procedures to be followed in order 
to minimize these hazards.
    (2) The employer shall assure that each employee has been trained, 
as necessary, by a competent person qualified in the following areas:
    (i) The nature of fall hazards in the work area;
    (ii) The correct procedures for erecting, maintaining, 
disassembling, and

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inspecting the fall protection systems to be used;
    (iii) The use and operation of guardrail systems, personal fall 
arrest systems, safety net systems, warning line systems, safety 
monitoring systems, controlled access zones, and other protection to be 
used;
    (iv) The role of each employee in the safety monitoring system when 
this system is used;
    (v) The limitations on the use of mechanical equipment during the 
performance of roofing work on low-sloped roofs;
    (vi) The correct procedures for the handling and storage of 
equipment and materials and the erection of overhead protection; and
    (vii) The role of employees in fall protection plans;
    (viii) The standards contained in this subpart.
    (b) Certification of training. (1) The employer shall verify 
compliance with paragraph (a) of this section by preparing a written 
certification record. The written certification record shall contain the 
name or other identity of the employee trained, the date(s) of the 
training, and the signature of the person who conducted the training or 
the signature of the employer. If the employer relies on training 
conducted by another employer or completed prior to the effective date 
of this section, the certification record shall indicate the date the 
employer determined the prior training was adequate rather than the date 
of actual training.
    (2) The latest training certification shall be maintained.
    (c) Retraining. When the employer has reason to believe that any 
affected employee who has already been trained does not have the 
understanding and skill required by paragraph (a) of this section, the 
employer shall retrain each such employee. Circumstances where 
retraining is required include, but are not limited to, situations 
where:
    (1) Changes in the workplace render previous training obsolete; or
    (2) Changes in the types of fall protection systems or equipment to 
be used render previous training obsolete; or
    (3) Inadequacies in an affected employee's knowledge or use of fall 
protection systems or equipment indicate that the employee has not 
retained the requisite understanding or skill.
    Note: The following appendices to subpart M of this part serve as 
non-mandatory guidelines to assist employers in complying with the 
appropriate requirements of subpart M of this part.



   Sec. Appendix A to Subpart M of Part 1926--Determining Roof Widths

    Non-Mandatory Guidelines for Complying With Sec.  1926.501(b)(10)

    (1) This appendix serves as a guideline to assist employers 
complying with the requirements of Sec.  1926.501(b)(10). Section 
1926.501(b)(10) allows the use of a safety monitoring system alone as a 
means of providing fall protection during the performance of roofing 
operations on low-sloped roofs 50 feet (15.25 m) or less in width. Each 
example in the appendix shows a roof plan or plans and indicates where 
each roof or roof area is to be measured to determine its width. Section 
views or elevation views are shown where appropriate. Some examples show 
``correct'' and ``incorrect'' subdivisions of irregularly shaped roofs 
divided into smaller, regularly shaped areas. In all examples, the 
dimension selected to be the width of an area is the lesser of the two 
primary dimensions of the area, as viewed from above. Example A shows 
that on a simple rectangular roof, width is the lesser of the two 
primary overall dimensions. This is also the case with roofs which are 
sloped toward or away from the roof center, as shown in Example B.
    (2) Many roofs are not simple rectangles. Such roofs may be broken 
down into subareas as shown in Example C. The process of dividing a roof 
area can produce many different configurations. Example C gives the 
general rule of using dividing lines of minimum length to minimize the 
size and number of the areas which are potentially less than 50 feet 
(15.25 m) wide. The intent is to minimize the number of roof areas where 
safety monitoring systems alone are sufficient protection.
    (3) Roofs which are comprised of several separate, non-contiguous 
roof areas, as in Example D, may be considered as a series of individual 
roofs. Some roofs have penthouses, additional floors, courtyard 
openings, or similar architectural features; Example E shows how the 
rule for dividing roofs into subareas is applied to such configurations. 
Irregular, non-rectangular roofs must be considered on an individual 
basis, as shown in Example F.

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      Sec. Appendix B to Subpart M of Part 1926--Guardrail Systems

      Non-Mandatory Guidelines for Complying with Sec.  1926.502(b)

    The standard requires guardrail systems and components to be 
designed and built to meet the requirements of Sec.  1926.502 (b) (3), 
(4), and (5). This appendix serves as a non-mandatory guideline to 
assist employers in complying with these requirements. An employer may 
use these guidelines as a starting point for designing guardrail 
systems. However, the guidelines do not provide all the information 
necessary to build a complete system, and the employer is still 
responsible for designing and assembling these components in such a way 
that the completed system will meet the requirements of Sec.  
1926.502(b) (3), (4), and (5). Components for which no specific 
guidelines are given in this appendix (e.g., joints, base connections, 
components made

[[Page 313]]

with other materials, and components with other dimensions) must also be 
designed and constructed in such a way that the completed system meets 
the requirements of Sec.  1926.502.
    (1) For wood railings: Wood components shall be minimum 1500 lb-ft/
in\2\ fiber (stress grade) construction grade lumber; the posts shall be 
at least 2-inch by 4-inch (5 cm x 10 cm) lumber spaced not more than 8 
feet (2.4 m) apart on centers; the top rail shall be at least 2-inch by 
4-inch (5 cm x 10 cm) lumber, the intermediate rail shall be at least 1-
inch by 6-inch (2.5 cm x 15 cm) lumber. All lumber dimensions are 
nominal sizes as provided by the American Softwood Lumber Standards, 
dated January 1970.
    (2) For pipe railings: posts, top rails, and intermediate railings 
shall be at least one and one-half inches nominal diameter (schedule 40 
pipe) with posts spaced not more than 8 feet (2.4 m) apart on centers.
    (3) For structural steel railings: posts, top rails, and 
intermediate rails shall be at least 2-inch by 2-inch (5 cm x 10 cm) by 
\3/8\-inch (1.1 cm) angles, with posts spaced not more than 8 feet (2.4 
m) apart on centers.



 Sec. Appendix C to Subpart M of Part 1926--Personal Fall Arrest Systems

      Non-Mandatory Guidelines for Complying With Sec.  1926.502(d)

    I. Test methods for personal fall arrest systems and positioning 
device systems--(a) General. This appendix serves as a non-mandatory 
guideline to assist employers comply with the requirements in Sec.  
1926.502(d). Paragraphs (b), (c), (d) and (e) of this appendix describe 
test procedures which may be used to determine compliance with the 
requirements in Sec.  1926.502 (d)(16). As noted in appendix D of this 
subpart, the test methods listed here in appendix C can also be used to 
assist employers comply with the requirements in Sec.  1926.502(e) (3) 
and (4) for positioning device systems.
    (b) General conditions for all tests in the appendix to Sec.  
1926.502(d). (1) Lifelines, lanyards and deceleration devices should be 
attached to an anchorage and connected to the body-belt or body harness 
in the same manner as they would be when used to protect employees.
    (2) The anchorage should be rigid, and should not have a deflection 
greater than 0.04 inches (1 mm) when a force of 2,250 pounds (10 kN) is 
applied.
    (3) The frequency response of the load measuring instrumentation 
should be 500 Hz.
    (4) The test weight used in the strength and force tests should be a 
rigid, metal, cylindrical or torso-shaped object with a girth of 38 
inches plus or minus 4 inches (96 cm plus or minus 10 cm).
    (5) The lanyard or lifeline used to create the free fall distance 
should be supplied with the system, or in its absence, the least elastic 
lanyard or lifeline available to be used with the system.
    (6) The test weight for each test should be hoisted to the required 
level and should be quickly released without having any appreciable 
motion imparted to it.
    (7) The system's performance should be evaluated taking into account 
the range of environmental conditions for which it is designed to be 
used.
    (8) Following the test, the system need not be capable of further 
operation.
    (c) Strength test. (1) During the testing of all systems, a test 
weight of 300 pounds plus or minus 5 pounds (135 kg plus or minus 2.5 
kg) should be used. (See paragraph (b)(4) of this section.)
    (2) The test consists of dropping the test weight once. A new unused 
system should be used for each test.
    (3) For lanyard systems, the lanyard length should be 6 feet plus or 
minus 2 inches (1.83 m plus or minus 5 cm) as measured from the fixed 
anchorage to the attachment on the body belt or body harness.
    (4) For rope-grab-type deceleration systems, the length of the 
lifeline above the centerline of the grabbing mechanism to the 
lifeline's anchorage point should not exceed 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 (0.3 m) (measured between the centerline of 
the lifeline and the attachment point to the body belt or harness), the 
test weight should be rigged to free fall a distance of 7.5 feet (2.3 m) 
from a point that is 1.5 feet (.46 m) above the anchorage point, to its 
hanging location (6 feet below the anchorage). The test weight should 
fall without interference, obstruction, or hitting the floor or ground 
during the test. In some cases a non-elastic wire lanyard of sufficient 
length may need to be added to the system (for test purposes) to create 
the necessary free fall distance.
    (6) For deceleration device systems with integral lifelines or 
lanyards which automatically limit free fall distance to 2 feet (0.61 m) 
or less, the test weight should be rigged to free fall a distance of 4 
feet (1.22 m).
    (7) Any weight which detaches from the belt or harness has failed 
the strength test.
    (d) Force test--(1) General. The test consists of dropping the 
respective test weight once as specified in paragraph (d)(2)(i) or 
(d)(3)(i) of this section. A new, unused system should be used for each 
test.
    (2) For lanyard systems. (i) A test weight of 220 pounds plus or 
minus 3 pounds (100 kg

[[Page 314]]

plus or minus 1.6 kg) should be used. (See paragraph (b)(4) of this 
appendix).
    (ii) Lanyard length should be 6 feet plus or minus two inches (1.83 
m plus or minus 5 cm) as measured from the fixed anchorage to the 
attachment on the body belt or body harness.
    (iii) The test weight should fall free from the anchorage level to 
its hanging location (a total of 6 feet (1.83 m) free fall distance) 
without interference, obstruction, or hitting the floor or ground during 
the test.
    (3) For all other systems. (i) A test weight of 220 pounds plus or 
minus 3 pounds (100 kg plus or minus 1.6 kg) should be used. (See 
paragraph (b)(4) of this appendix)
    (ii) The free fall distance to be used in the test should be the 
maximum fall distance physically permitted by the system during normal 
use conditions, up to a maximum free fall distance for the test weight 
of 6 feet (1.83 m), except as follows:
    (A) For deceleration systems which have a connection link or 
lanyard, the test weight should free fall a distance equal to the 
connection distance (measured between the centerline of the lifeline and 
the attachment point to the body belt or harness).
    (B) For deceleration device systems with integral lifelines or 
lanyards which automatically limit free fall distance to 2 feet (0.61 m) 
or less, the test weight should free fall a distance equal to that 
permitted by the system in normal use. (For example, to test a system 
with a self-retracting lifeline or lanyard, the test weight should be 
supported and the system allowed to retract the lifeline or lanyard as 
it would in normal use. The test weight would then be released and the 
force and deceleration distance measured).
    (4) A system fails the force test if the recorded maximum arresting 
force exceeds 1,260 pounds (5.6 kN) when using a body belt, and/or 
exceeds 2,520 pounds (11.2 kN) when using a body harness.
    (5) The maximum elongation and deceleration distance should be 
recorded during the force test.
    (e) Deceleration device tests--(1) General. The device should be 
evaluated or tested under the environmental conditions, (such as rain, 
ice, grease, dirt, type of lifeline, etc.), for which the device is 
designed.
    (2) Rope-grab-type deceleration devices. (i) Devices should be moved 
on a lifeline 1,000 times over the same length of line a distance of not 
less than 1 foot (30.5 cm), and the mechanism should lock each time.
    (ii) Unless the device is permanently marked to indicate the type(s) 
of lifeline which must be used, several types (different diameters and 
different materials), of lifelines should be used to test the device.
    (3) Other self-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.
    II. Additional non-mandatory guidelines for personal fall arrest 
systems. The following information constitutes additional guidelines for 
use in complying with requirements for a personal fall arrest system.
    (a) Selection and use considerations. (1) The kind of personal fall 
arrest system selected should match the particular work situation, and 
any possible free fall distance should be kept to a minimum. 
Consideration should be given to the particular work environment. For 
example, the presence of acids, dirt, moisture, oil, grease, etc., and 
their effect on the system, should be evaluated. Hot or cold 
environments may also have an adverse effect on the system. Wire rope 
should not be used where an electrical hazard is anticipated. As 
required by the standard, the employer must plan to have means available 
to promptly rescue an employee should a fall occur, since the suspended 
employee may not be able to reach a work level independently.
    (2) Where lanyards, connectors, and lifelines are subject to damage 
by work operations such as welding, chemical cleaning, and sandblasting, 
the component should be protected, or other securing systems should be 
used. The employer should fully evaluate the work conditions and 
environment (including seasonal weather changes) before selecting the 
appropriate personal fall protection system. Once in use, the system's 
effectiveness should be monitored. In some cases, a program for cleaning 
and maintenance of the system may be necessary.
    (b) Testing considerations. Before purchasing or putting into use a 
personal fall arrest system, an employer should obtain from the supplier 
information about the system based on its performance during testing so 
that the employer can know if the system meets this standard. Testing 
should be done using recognized test methods. This appendix contains 
test methods recognized for evaluating the performance of fall arrest 
systems. Not all systems may need to be individually tested; the 
performance of some systems may be based on data and calculations 
derived from testing of similar systems, provided that enough 
information is available to demonstrate similarity of function and 
design.
    (c) Component compatibility considerations. Ideally, a personal fall 
arrest system is designed, tested, and supplied as a complete system. 
However, it is common practice for lanyards, connectors, lifelines, 
deceleration devices, body belts and body harnesses to be interchanged 
since some components wear out before others. The employer and employee 
should realize that not all components are interchangeable. For 
instance, a lanyard should not be connected between a

[[Page 315]]

body belt (or harness) and a deceleration device of the self-retracting 
type since this can result in additional free fall for which the system 
was not designed. Any substitution or change to a personal fall arrest 
system should be fully evaluated or tested by a competent person to 
determine that it meets the standard, before the modified system is put 
in use.
    (d) Employee training considerations. Thorough employee training in 
the selection and use of personal fall arrest systems is imperative. 
Employees must be trained in the safe use of the system. This should 
include the following: application limits; proper anchoring and tie-off 
techniques; estimation of free fall distance, including determination of 
deceleration distance, and total fall distance to prevent striking a 
lower level; methods of use; and inspection and storage of the system. 
Careless or improper use of the equipment can result in serious injury 
or death. Employers and employees should become familiar with the 
material in this Appendix, as well as manufacturer's recommendations, 
before a system is used. Of uppermost importance is the reduction in 
strength caused by certain tie-offs (such as using knots, tying around 
sharp edges, etc.) and maximum permitted free fall distance. Also, to be 
stressed are the importance of inspections prior to use, the limitations 
of the equipment, and unique conditions at the worksite which may be 
important in determining the type of system to use.
    (e) Instruction considerations. Employers should obtain 
comprehensive instructions from the supplier as to the system's proper 
use and application, including, where applicable:
    (1) The force measured during the sample force test;
    (2) The maximum elongation measured for lanyards during the force 
test;
    (3) The deceleration distance measured for deceleration devices 
during the force test;
    (4) Caution statements on critical use limitations;
    (5) Application limits;
    (6) Proper hook-up, anchoring and tie-off techniques, including the 
proper dee-ring or other attachment point to use on the body belt and 
harness for fall arrest;
    (7) Proper climbing techniques;
    (8) Methods of inspection, use, cleaning, and storage; and
    (9) Specific lifelines which may be used. This information should be 
provided to employees during training.
    (f) Rescue considerations. As required by Sec.  1926.502(d)(20), 
when personal fall arrest systems are used, the employer must assure 
that employees can be promptly rescued or can rescue themselves should a 
fall occur. The availability of rescue personnel, ladders or other 
rescue equipment should be evaluated. In some situations, equipment 
which allows employees to rescue themselves after the fall has been 
arrested may be desirable, such as devices which have descent 
capability.
    (g) Inspection considerations. As required by Sec.  1926.502(d)(21), 
personal fall arrest systems must be regularly inspected. Any component 
with any significant defect, such as cuts, tears, abrasions, mold, or 
undue stretching; alterations or additions which might affect its 
efficiency; damage due to deterioration; contact with fire, acids, or 
other corrosives; distorted hooks or faulty hook springs; tongues 
unfitted to the shoulder of buckles; loose or damaged mountings; non-
functioning parts; or wearing or internal deterioration in the ropes 
must be withdrawn from service immediately, and should be tagged or 
marked as unusable, or destroyed.
    (h) Tie-off considerations. (1) One of the most important aspects of 
personal fall protection systems is fully planning the system before it 
is put into use. Probably the most overlooked component is planning for 
suitable anchorage points. Such planning should ideally be done before 
the structure or building is constructed so that anchorage points can be 
incorporated during construction for use later for window cleaning or 
other building maintenance. If properly planned, these anchorage points 
may be used during construction, as well as afterwards.
    (i) Properly planned anchorages should be used if they are 
available. In some cases, anchorages must be installed immediately prior 
to use. In such cases, a registered professional engineer with 
experience in designing fall protection systems, or another qualified 
person with appropriate education and experience should design an anchor 
point to be installed.
    (ii) In other cases, the Agency recognizes that there will be a need 
to devise an anchor point from existing structures. Examples of what 
might be appropriate anchor points are steel members or I-beams if an 
acceptable strap is available for the connection (do not use a lanyard 
with a snaphook clipped onto itself); large eye-bolts made of an 
appropriate grade steel; guardrails or railings if they have been 
designed for use as an anchor point; or masonry or wood members only if 
the attachment point is substantial and precautions have been taken to 
assure that bolts or other connectors will not pull through. A qualified 
person should be used to evaluate the suitable of these ``make shift'' 
anchorages with a focus on proper strength.
    (2) Employers and employees should at all times be aware that the 
strength of a personal fall arrest system is based on its being attached 
to an anchoring system which does not reduce the strength of the system 
(such as a properly dimensioned eye-bolt/snap-hook anchorage). 
Therefore, if a means of attachment is used that will reduce the 
strength of the system, that component

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should be replaced by a stronger one, but one that will also maintain 
the appropriate maximum arrest force characteristics.
    (3) Tie-off using a knot in a rope lanyard or lifeline (at any 
location) can reduce the lifeline or lanyard strength by 50 percent or 
more. Therefore, a stronger lanyard or lifeline should be used to 
compensate for the weakening effect of the knot, or the lanyard length 
should be reduced (or the tie-off location raised) to minimize free fall 
distance, or the lanyard or lifeline should be replaced by one which has 
an appropriately incorporated connector to eliminate the need for a 
knot.
    (4) Tie-off of a rope lanyard or lifeline around an ``H'' or ``I'' 
beam or similar support can reduce its strength as much as 70 percent 
due to the cutting action of the beam edges. Therefore, use should be 
made of a webbing lanyard or wire core lifeline around the beam; or the 
lanyard or lifeline should be protected from the edge; or free fall 
distance should be greatly minimized.
    (5) Tie-off where the line passes over or around rough or sharp 
surfaces reduces strength drastically. Such a tie-off should be avoided 
or an alternative tie-off rigging should be used. Such alternatives may 
include use of a snap-hook/dee ring connection, wire rope tie-off, an 
effective padding of the surfaces, or an abrasion-resistance strap 
around or over the problem surface.
    (6) Horizontal lifelines may, depending on their geometry and angle 
of sag, be subjected to greater loads than the impact load imposed by an 
attached component. When the angle of horizontal lifeline sag is less 
than 30 degrees, the impact force imparted to the lifeline by an 
attached lanyard is greatly amplified. For example, with a sag angle of 
15 degrees, the force amplification is about 2:1 and at 5 degrees sag, 
it is about 6:1. Depending on the angle of sag, and the line's 
elasticity, the strength of the horizontal lifeline and the anchorages 
to which it is attached should be increased a number of times over that 
of the lanyard. Extreme care should be taken in considering a horizontal 
lifeline for multiple tie-offs. The reason for this is that in multiple 
tie-offs to a horizontal lifeline, if one employee falls, the movement 
of the falling employee and the horizontal lifeline during arrest of the 
fall may cause other employees to fall also. Horizontal lifeline and 
anchorage strength should be increased for each additional employee to 
be tied off. For these and other reasons, the design of systems using 
horizontal lifelines must only be done by qualified persons. Testing of 
installed lifelines and anchors prior to use is recommended.
    (7) The strength of an eye-bolt is rated along the axis of the bolt 
and its strength is greatly reduced if the force is applied at an angle 
to this axis (in the direction of shear). Also, care should be exercised 
in selecting the proper diameter of the eye to avoid accidental 
disengagement of snap-hooks not designed to be compatible for the 
connection.
    (8) Due to the significant reduction in the strength of the 
lifeline/lanyard (in some cases, as much as a 70 percent reduction), the 
sliding hitch knot (prusik) should not be used for lifeline/lanyard 
connections except in emergency situations where no other available 
system is practical. The ``one-and-one'' sliding hitch knot should never 
be used because it is unreliable in stopping a fall. The ``two-and-
two,'' or ``three-and-three'' knot (preferable) may be used in emergency 
situations; however, care should be taken to limit free fall distance to 
a minimum because of reduced lifeline/lanyard strength.
    (i) Vertical lifeline considerations. As required by the standard, 
each employee must have a separate lifeline [except employees engaged in 
constructing elevator shafts who are permitted to have two employees on 
one lifeline] when the lifeline is vertical. The reason for this is that 
in multiple tie-offs to a single lifeline, if one employee falls, the 
movement of the lifeline during the arrest of the fall may pull other 
employees' lanyards, causing them to fall as well.
    (j) Snap-hook considerations. (1) Although not required by this 
standard for all connections until January 1, 1998, locking snaphooks 
designed for connection to suitable objects (of sufficient strength) are 
highly recommended in lieu of the nonlocking type. Locking snaphooks 
incorporate a positive locking mechanism in addition to the spring 
loaded keeper, which will not allow the keeper to open under moderate 
pressure without someone first releasing the mechanism. Such a feature, 
properly designed, effectively prevents roll-out from occurring.
    (2) As required by Sec.  1926.502(d)(6), the following connections 
must be avoided (unless properly designed locking snaphooks are used) 
because they are conditions which can result in roll-out when a 
nonlocking snaphook is used:
    (i) Direct connection of a snaphook to a horizontal lifeline.
    (ii) Two (or more) snaphooks connected to one dee-ring.
    (iii) Two snaphooks connected to each other.
    (iv) A snaphook connected back on its integral lanyard.
    (v) A snaphook connected to a webbing loop or webbing lanyard.
    (vi) Improper dimensions of the dee-ring, rebar, or other connection 
point in relation to the snaphook dimensions which would allow the 
snaphook keeper to be depressed by a turning motion of the snaphook.
    (k) Free fall considerations. The employer and employee should at 
all times be aware that a system's maximum arresting force is evaluated 
under normal use conditions established by the manufacturer, and in no 
case using a free fall distance in excess of 6

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feet (1.8 m). A few extra feet of free fall can significantly increase 
the arresting force on the employee, possibly to the point of causing 
injury. Because of this, the free fall distance should be kept at a 
minimum, and, as required by the standard, in no case greater than 6 
feet (1.8 m). To help assure this, the tie-off attachment point to the 
lifeline or anchor should be located at or above the connection point of 
the fall arrest equipment to belt or harness. (Since otherwise 
additional free fall distance is added to the length of the connecting 
means (i.e. lanyard)). Attaching to the working surface will often 
result in a free fall greater than 6 feet (1.8 m). For instance, if a 6 
foot (1.8 m) lanyard is used, the total free fall distance will be the 
distance from the working level to the body belt (or harness) attachment 
point plus the 6 feet (1.8 m) of lanyard length. Another important 
consideration is that the arresting force which the fall system must 
withstand also goes up with greater distances of free fall, possibly 
exceeding the strength of the system.
    (l) Elongation and deceleration distance considerations. Other 
factors involved in a proper tie-off are elongation and deceleration 
distance. During the arresting of a fall, a lanyard will experience a 
length of stretching or elongation, whereas activation of a deceleration 
device will result in a certain stopping distance. These distances 
should be available with the lanyard or device's instructions and must 
be added to the free fall distance to arrive at the total fall distance 
before an employee is fully stopped. The additional stopping distance 
may be very significant if the lanyard or deceleration device is 
attached near or at the end of a long lifeline, which may itself add 
considerable distance due to its own elongation. As required by the 
standard, sufficient distance to allow for all of these factors must 
also be maintained between the employee and obstructions below, to 
prevent an injury due to impact before the system fully arrests the 
fall. In addition, a minimum of 12 feet (3.7 m) of lifeline should be 
allowed below the securing point of a rope grab type deceleration 
device, and the end terminated to prevent the device from sliding off 
the lifeline. Alternatively, the lifeline should extend to the ground or 
the next working level below. These measures are suggested to prevent 
the worker from inadvertently moving past the end of the lifeline and 
having the rope grab become disengaged from the lifeline.
    (m) Obstruction considerations. The location of the tie-off should 
also consider the hazard of obstructions in the potential fall path of 
the employee. Tie-offs which minimize the possibilities of exaggerated 
swinging should be considered. In addition, when a body belt is used, 
the employee's body will go through a horizontal position to a jack-
knifed position during the arrest of all falls. Thus, obstructions which 
might interfere with this motion should be avoided or a severe injury 
could occur.
    (n) Other considerations. Because of the design of some personal 
fall arrest systems, additional considerations may be required for 
proper tie-off. For example, heavy deceleration devices of the self-
retracting type should be secured overhead in order to avoid the weight 
of the device having to be supported by the employee. Also, if self- 
retracting equipment is connected to a horizontal lifeline, the sag in 
the lifeline should be minimized to prevent the device from sliding down 
the lifeline to a position which creates a swing hazard during fall 
arrest. In all cases, manufacturer's instructions should be followed.



  Sec. Appendix D to Subpart M of Part 1926--Positioning Device Systems

      Non-Mandatory Guidelines for Complying With Sec.  1926.502(e)

    I. Testing Methods For Positioning Device Systems. This appendix 
serves as a non-mandatory guideline to assist employers comply with the 
requirements for positioning device systems in Sec.  1926.502(e). 
Paragraphs (b), (c), (d) and (e) of appendix C of subpart M relating to 
Sec.  1926.502(d)--Personal Fall Arrest Systems--set forth test 
procedures which may be used, along with the procedures listed below, to 
determine compliance with the requirements for positioning device 
systems in Sec.  1926.502(e) (3) and (4) of subpart M.
    (a) General. (1) Single strap positioning devices shall have one end 
attached to a fixed anchorage and the other end connected to a body belt 
or harness in the same manner as they would be used to protect 
employees. Double strap positioning devices, similar to window cleaner's 
belts, shall have one end of the strap attached to a fixed anchorage and 
the other end shall hang free. The body belt or harness shall be 
attached to the strap in the same manner as it would be used to protect 
employees. The two strap ends shall be adjusted to their maximum span.
    (2) The fixed anchorage shall be rigid, and shall not have a 
deflection greater than .04 inches (1 mm) when a force of 2,250 pounds 
(10 kN) is applied.
    (3) During the testing of all systems, a test weight of 250 pounds 
plus or minus 3 pounds (113 kg plus or minus 1.6 kg) shall be used. The 
weight shall be a rigid object with a girth of 38 inches plus or minus 4 
inches (96 cm plus or minus 10 cm).
    (4) Each test shall consist of dropping the specified weight one 
time without failure of the system being tested. A new system shall be 
used for each test.
    (5) The test weight for each test shall be hoisted exactly 4 feet 
(1.2 m above its ``at

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rest'' position), and shall be dropped so as to permit a vertical free 
fall of 4 feet (1.2 m).
    (6) The test is failed whenever any breakage or slippage occurs 
which permits the weight to fall free of the system.
    (7) Following the test, the system need not be capable of further 
operation; however, all such incapacities shall be readily apparent.
    II. Inspection Considerations. As required in Sec.  1926.502 (e)(5), 
positioning device systems must be regularly inspected. Any component 
with any significant defect, such as cuts, tears, abrasions, mold, or 
undue stretching; alterations or additions which might affect its 
efficiency; damage due to deterioration; contact with fire, acids, or 
other corrosives; distorted hooks or faulty hook springs; tongues 
unfitted to the shoulder of buckles; loose or damaged mountings; non-
functioning parts; or wearing or internal deterioration in the ropes 
must be withdrawn from service immediately, and should be tagged or 
marked as unusable, or destroyed.



 Sec. Appendix E to Subpart M of Part 1926--Sample Fall Protection Plan

      Non-Mandatory Guidelines for Complying With Sec.  1926.502(k)

    Employers engaged in leading edge work, precast concrete 
construction work and residential construction work who can demonstrate 
that it is infeasible or creates a greater hazard to use conventional 
fall protection systems must develop and follow a fall protection plan. 
Below are sample fall protection plans developed for precast concrete 
construction and residential work that could be tailored to be site 
specific for other precast concrete or residential jobsite. This sample 
plan can be modified to be used for other work involving leading edge 
work. The sample plan outlines the elements that must be addressed in 
any fall protection plan. The reasons outlined in this sample fall 
protection plan are for illustrative purposes only and are not 
necessarily a valid, acceptable rationale (unless the conditions at the 
job site are the same as those covered by these sample plans) for not 
using conventional fall protection systems for a particular precast 
concrete or residential construction worksite. However, the sample plans 
provide guidance to employers on the type of information that is 
required to be discussed in fall protection plans.

                      Sample Fall Protection Plans

     Fall Protection Plan For Precast/Prestress Concrete Structures

    This Fall Protection Plan is specific for the following project:

Location of Job_________________________________________________________
Erecting Company________________________________________________________
Date Plan Prepared or Modified__________________________________________
Plan Prepared By________________________________________________________
Plan Approved By________________________________________________________
Plan Supervised By______________________________________________________
    The following Fall Protection Plan is a sample program prepared for 
the prevention of injuries associated with falls. A Fall Protection Plan 
must be developed and evaluated on a site by site basis. It is 
recommended that erectors discuss the written Fall Protection Plan with 
their OSHA Area Office prior to going on a jobsite.

                     I. Statement of Company Policy

    (Company Name) is dedicated to the protection of its employees from 
on-the-job injuries. All employees of (Company Name) have the 
responsibility to work safely on the job. The purpose of this plan is: 
(a) To supplement our standard safety policy by providing safety 
standards specifically designed to cover fall protection on this job 
and; (b) to ensure that each employee is trained and made aware of the 
safety provisions which are to be implemented by this plan prior to the 
start of erection.
    This Fall Protection Plan addresses the use of other than 
conventional fall protection at a number of areas on the project, as 
well as identifying specific activities that require non-conventional 
means of fall protection. These areas include:
    a. Connecting activity (point of erection).
    b. Leading edge work.
    c. Unprotected sides or edge.
    d. Grouting.
    This plan is designed to enable employers and employees to recognize 
the fall hazards on this job and to establish the procedures that are to 
be followed in order to prevent falls to lower levels or through holes 
and openings in walking/working surfaces. Each employee will be trained 
in these procedures and strictly adhere to them except when doing so 
would expose the employee to a greater hazard. If, in the employee's 
opinion, this is the case, the employee is to notify the foreman of the 
concern and the concern addressed before proceeding.
    Safety policy and procedure on any one project cannot be 
administered, implemented, monitored and enforced by any one individual. 
The total objective of a safe, accident free work environment can only 
be accomplished by a dedicated, concerted effort by every individual 
involved with the project from management down to the last employee. 
Each employee must understand their value to the company; the costs of 
accidents, both monetary, physical, and emotional; the objective of the 
safety policy and procedures; the safety rules that apply to the safety 
policy and procedures; and what their individual role is in 
administering, implementing, monitoring, and compliance of

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their safety policy and procedures. This allows for a more personal 
approach to compliance through planning, training, understanding and 
cooperative effort, rather than by strict enforcement. If for any reason 
an unsafe act persists, strict enforcement will be implemented.
    It is the responsibility of (name of competent person) to implement 
this Fall Protection Plan. (Name of Competent Person) is responsible for 
continual observational safety checks of their work operations and to 
enforce the safety policy and procedures. The foreman also is 
responsible to correct any unsafe acts or conditions immediately. It is 
the responsibility of the employee to understand and adhere to the 
procedures of this plan and to follow the instructions of the foreman. 
It is also the responsibility of the employee to bring to management's 
attention any unsafe or hazardous conditions or acts that may cause 
injury to either themselves or any other employees. Any changes to this 
Fall Protection Plan must be approved by (name of Qualified Person).

         II. Fall Protection Systems To Be Used on This Project

    Where conventional fall protection is infeasible or creates a 
greater hazard at the leading edge and during initial connecting 
activity, we plan to do this work using a safety monitoring system and 
expose only a minimum number of employees for the time necessary to 
actually accomplish the job. The maximum number of workers to be 
monitored by one safety monitor is six (6). We are designating the 
following trained employees as designated erectors and they are 
permitted to enter the controlled access zones and work without the use 
of conventional fall protection.

Safety monitor:
Designated erector:
Designated erector:
Designated erector:
Designated erector:
Designated erector:
Designated erector:

    The safety monitor shall be identified by wearing an orange hard 
hat. The designated erectors will be identified by one of the following 
methods:
    1. They will wear a blue colored arm band, or
    2. They will wear a blue colored hard hat, or
    3. They will wear a blue colored vest.

Only individuals with the appropriate experience, skills, and training 
will be authorized as designated erectors. All employees that will be 
working as designated erectors under the safety monitoring system shall 
have been trained and instructed in the following areas:
    1. Recognition of the fall hazards in the work area (at the leading 
edge and when making initial connections--point of erection).
    2. Avoidance of fall hazards using established work practices which 
have been made known to the employees.
    3. Recognition of unsafe practices or working conditions that could 
lead to a fall, such as windy conditions.
    4. The function, use, and operation of safety monitoring systems, 
guardrail systems, body belt/harness systems, control zones and other 
protection to be used.
    5. The correct procedure for erecting, maintaining, disassembling 
and inspecting the system(s) to be used.
    6. Knowledge of construction sequence or the erection plan.
    A conference will take place prior to starting work involving all 
members of the erection crew, crane crew and supervisors of any other 
concerned contractors. This conference will be conducted by the precast 
concrete erection supervisor in charge of the project. During the pre-
work conference, erection procedures and sequences pertinent to this job 
will be thoroughly discussed and safety practices to be used throughout 
the project will be specified. Further, all personnel will be informed 
that the controlled access zones are off limits to all personnel other 
than those designated erectors specifically trained to work in that 
area.

                        Safety Monitoring System

    A safety monitoring system means a fall protection system in which a 
competent person is responsible for recognizing and warning employees of 
fall hazards. The duties of the safety monitor are to:
    1. Warn by voice when approaching the open edge in an unsafe manner.
    2. Warn by voice if there is a dangerous situation developing which 
cannot be seen by another person involved with product placement, such 
as a member getting out of control.
    3. Make the designated erectors aware they are in a dangerous area.
    4. Be competent in recognizing fall hazards.
    5. Warn employees when they appear to be unaware of a fall hazard or 
are acting in an unsafe manner.
    6. Be on the same walking/working surface as the monitored employees 
and within visual sighting distance of the monitored employees.
    7. Be close enough to communicate orally with the employees.
    8. Not allow other responsibilities to encumber monitoring. If the 
safety monitor becomes too encumbered with other responsibilities, the 
monitor shall (1) stop the erection process; and (2) turn over other 
responsibilities to a designated erector; or (3) turn

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over the safety monitoring function to another designated, competent 
person. The safety monitoring system shall not be used when the wind is 
strong enough to cause loads with large surface areas to swing out of 
radius, or result in loss of control of the load, or when weather 
conditions cause the walking-working surfaces to become icy or slippery.

                           Control Zone System

    A controlled access zone means an area designated and clearly 
marked, in which leading edge work may take place without the use of 
guardrail, safety net or personal fall arrest systems to protect the 
employees in the area. Control zone systems shall comply with the 
following provisions:
    1. When used to control access to areas where leading edge and other 
operations are taking place the controlled access zone shall be defined 
by a control line or by any other means that restricts access.
    When control lines are used, they shall be erected not less than 6 
feet (l.8 m) nor more than 60 feet (18 m) or half the length of the 
member being erected, whichever is less, from the leading edge.
    2. The control line shall extend along the entire length of the 
unprotected or leading edge and shall be approximately parallel to the 
unprotected or leading edge.
    3. The control line shall be connected on each side to a guardrail 
system or wall.
    4. Control lines shall consist of ropes, wires, tapes, or equivalent 
materials, and supporting stanchions as follows:
    5. Each line shall be flagged or otherwise clearly marked at not 
more than 6-foot (1.8 m) intervals with high- visibility material.
    6. Each line shall be rigged and supported in such a way that its 
lowest point (including sag) is not less than 39 inches (1 m) from the 
walking/working surface and its highest point is not more than 45 inches 
(1.3 m) from the walking/working surface.
    7. Each line shall have a minimum breaking strength of 200 pounds 
(.88 kN).

                                  Holes

    All openings greater than 12 in. x 12 in. will have perimeter 
guarding or covering. All predetermined holes will have the plywood 
covers made in the precasters' yard and shipped with the member to the 
jobsite. Prior to cutting holes on the job, proper protection for the 
hole must be provided to protect the workers. Perimeter guarding or 
covers will not be removed without the approval of the erection foreman.
    Precast concrete column erection through the existing deck requires 
that many holes be provided through this deck. These are to be covered 
and protected. Except for the opening being currently used to erect a 
column, all opening protection is to be left undisturbed. The opening 
being uncovered to erect a column will become part of the point of 
erection and will be addressed as part of this Fall Protection Plan. 
This uncovering is to be done at the erection foreman's direction and 
will only occur immediately prior to ``feeding'' the column through the 
opening. Once the end of the column is through the slab opening, there 
will no longer exist a fall hazard at this location.

               III. Implementation of Fall Protection Plan

    The structure being erected is a multistory total precast concrete 
building consisting of columns, beams, wall panels and hollow core slabs 
and double tee floor and roof members.
    The following is a list of the products and erection situations on 
this job:

                                 Columns

    For columns 10 ft to 36 ft long, employees disconnecting crane hooks 
from columns will work from a ladder and wear a body belt/harness with 
lanyard and be tied off when both hands are needed to disconnect. For 
tying off, a vertical lifeline will be connected to the lifting eye at 
the top of the column, prior to lifting, to be used with a manually 
operated or mobile rope grab. For columns too high for the use of a 
ladder, 36 ft and higher, an added cable will be used to reduce the 
height of the disconnecting point so that a ladder can be used. This 
cable will be left in place until a point in erection that it can be 
removed safely. In some cases, columns will be unhooked from the crane 
by using an erection tube or shackle with a pull pin which is released 
from the ground after the column is stabilized.
    The column will be adequately connected and/or braced to safely 
support the weight of a ladder with an employee on it.

                           Inverted Tee Beams

    Employees erecting inverted tee beams, at a height of 6 to 40 ft, 
will erect the beam, make initial connections, and final alignment from 
a ladder. If the employee needs to reach over the side of the beam to 
bar or make an adjustment to the alignment of the beam, they will mount 
the beam and be tied off to the lifting device in the beam after 
ensuring the load has been stabilized on its bearing. To disconnect the 
crane from the beam an employee will stand a ladder against the beam. 
Because the use of ladders is not practical at heights above 40 ft, 
beams will be initially placed with the use of tag lines and their final 
alignment made by a person on a manlift or similar employee positioning 
systems.

                             Spandrel Beams

    Spandrel beams at the exterior of the building will be aligned as 
closely as possible

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with the use of tag lines with the final placement of the spandrel beam 
made from a ladder at the open end of the structure. A ladder will be 
used to make the initial connections and a ladder will be used to 
disconnect the crane. The other end of the beam will be placed by the 
designated erector from the double tee deck under the observation of the 
safety monitor.
    The beams will be adequately connected and/or braced to safely 
support the weight of a ladder with an employee on it.

                         Floor and Roof Members

    During installation of the precast concrete floor and/or roof 
members, the work deck continuously increases in area as more and more 
units are being erected and positioned. Thus, the unprotected floor/roof 
perimeter is constantly modified with the leading edge changing location 
as each member is installed. The fall protection for workers at the 
leading edge shall be assured by properly constructed and maintained 
control zone lines not more than 60 ft away from the leading edge 
supplemented by a safety monitoring system to ensure the safety of all 
designated erectors working within the area defined by the control zone 
lines.
    The hollow core slabs erected on the masonry portion of the building 
will be erected and grouted using the safety monitoring system. Grout 
will be placed in the space between the end of the slab and face shell 
of the concrete masonry by dumping from a wheelbarrow. The grout in the 
keyways between the slabs will be dumped from a wheelbarrow and then 
spread with long handled tools, allowing the worker to stand erect 
facing toward the unprotected edge and back from any work deck edge.
    Whenever possible, the designated erectors will approach the 
incoming member at the leading edge only after it is below waist height 
so that the member itself provides protection against falls.
    Except for the situations described below, when the arriving floor 
or roof member is within 2 to 3 inches of its final position, the 
designated erectors can then proceed to their position of erection at 
each end of the member under the control of the safety monitor. Crane 
hooks will be unhooked from double tee members by designated erectors 
under the direction and supervision of the safety monitor.
    Designated erectors, while waiting for the next floor or roof 
member, will be constantly under the control of the safety monitor for 
fall protection and are directed to stay a minimum of six (6) ft from 
the edge. In the event a designated erector must move from one end of a 
member, which has just been placed at the leading edge, they must first 
move away from the leading edge a minimum of six (6) ft and then 
progress to the other end while maintaining the minimum distance of six 
(6) ft at all times.
    Erection of double tees, where conditions require bearing of one end 
into a closed pocket and the other end on a beam ledge, restricting the 
tee legs from going directly into the pockets, require special 
considerations. The tee legs that are to bear in the closed pocket must 
hang lower than those at the beam bearing. The double tee will be ``two-
lined'' in order to elevate one end higher than the other to allow for 
the low end to be ducked into the closed pocket using the following 
procedure.
    The double tee will be rigged with a standard four-way spreader off 
of the main load line. An additional choker will be attached to the 
married point of the two-legged spreader at the end of the tee that is 
to be elevated. The double tee will be hoisted with the main load line 
and swung into a position as close as possible to the tee's final 
bearing elevation. When the tee is in this position and stabilized, the 
whip line load block will be lowered to just above the tee deck. At this 
time, two erectors will walk out on the suspended tee deck at midspan of 
the tee member and pull the load block to the end of the tee to be 
elevated and attach the additional choker to the load block. The 
possibility of entanglement with the crane lines and other obstacles 
during this two lining process while raising and lowering the crane 
block on that second line could be hazardous to an encumbered employee. 
Therefore, the designated erectors will not tie off during any part of 
this process. While the designated erectors are on the double tee, the 
safety monitoring system will be used. After attaching the choker, the 
two erectors then step back on the previously erected tee deck and 
signal the crane operator to hoist the load with the whip line to the 
elevation that will allow for enough clearance to let the low end tee 
legs slide into the pockets when the main load line is lowered. The 
erector, who is handling the lowered end of the tee at the closed pocket 
bearing, will step out on the suspended tee. An erection bar will then 
be placed between the end of the tee leg and the inside face of the 
pocketed spandrel member. The tee is barred away from the pocketed 
member to reduce the friction and lateral force against the pocketed 
member. As the tee is being lowered, the other erector remains on the 
tee which was previously erected to handle the other end. At this point 
the tee is slowly lowered by the crane to a point where the tee legs can 
freely slide into the pockets. The erector working the lowered end of 
the tee must keep pressure on the bar between the tee and the face of 
the pocketed spandrel member to very gradually let the tee legs slide 
into the pocket to its proper bearing dimension. The tee is then slowly 
lowered into its final erected position.

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    The designated erector should be allowed onto the suspended double 
tee, otherwise there is no control over the horizontal movement of the 
double tee and this movement could knock the spandrel off of its bearing 
or the column out of plumb. The control necessary to prevent hitting the 
spandrel can only be done safely from the top of the double tee being 
erected.
    Loadbearing Wall Panels: The erection of the loadbearing wall panels 
on the elevated decks requires the use of a safety monitor and a 
controlled access zone that is a minimum of 25 ft and a maximum of \1/2\ 
the length of the wall panels away from the unprotected edge, so that 
designated erectors can move freely and unencumbered when receiving the 
panels. Bracing, if required for stability, will be installed by ladder. 
After the braces are secured, the crane will be disconnected from the 
wall by using a ladder. The wall to wall connections will also be 
performed from a ladder.
    Non-Loadbearing Panels (Cladding): The locating of survey lines, 
panel layout and other installation prerequisites (prewelding, etc.) for 
non-loadbearing panels (cladding) will not commence until floor 
perimeter and floor openings have been protected. In some areas, it is 
necessary because of panel configuration to remove the perimeter 
protection as the cladding is being installed. Removal of perimeter 
protection will be performed on a bay to bay basis, just ahead of 
cladding erection to minimize temporarily unprotected floor edges. Those 
workers within 6 ft of the edge, receiving and positioning the cladding 
when the perimeter protection is removed shall be tied off.

                                Detailing

    Employees exposed to falls of six (6) feet or more to lower levels, 
who are not actively engaged in leading edge work or connecting 
activity, such as welding, bolting, cutting, bracing, guying, patching, 
painting or other operations, and who are working less than six (6) ft 
from an unprotected edge will be tied off at all times or guardrails 
will be installed. Employees engaged in these activities but who are 
more than six (6) ft from an unprotected edge as defined by the control 
zone lines, do not require fall protection but a warning line or control 
lines must be erected to remind employees they are approaching an area 
where fall protection is required.

IV. Conventional Fall Protection Considered for the Point of Erection or 
                    Leading Edge Erection Operations

                     A. Personal Fall Arrest Systems

    In this particular erection sequence and procedure, personal fall 
arrest systems requiring body belt/harness systems, lifelines and 
lanyards will not reduce possible hazards to workers and will create 
offsetting hazards during their usage at the leading edge of precast/
prestressed concrete construction.
    Leading edge erection and initial connections are conducted by 
employees who are specifically trained to do this type of work and are 
trained to recognize the fall hazards. The nature of such work normally 
exposes the employee to the fall hazard for a short period of time and 
installation of fall protection systems for a short duration is not 
feasible because it exposes the installers of the system to the same 
fall hazard, but for a longer period of time.
    1. It is necessary that the employee be able to move freely without 
encumbrance in order to guide the sections of precast concrete into 
their final position without having lifelines attached which will 
restrict the employee's ability to move about at the point of erection.
    2. A typical procedure requires 2 or more workers to maneuver around 
each other as a concrete member is positioned to fit into the structure. 
If they are each attached to a lifeline, part of their attention must be 
diverted from their main task of positioning a member weighing several 
tons to the task of avoiding entanglements of their lifelines or 
avoiding tripping over lanyards. Therefore, if these workers are 
attached to lanyards, more fall potential would result than from not 
using such a device.
    In this specific erection sequence and procedure, retractable 
lifelines do not solve the problem of two workers becoming tangled. In 
fact, such a tangle could prevent the lifeline from retracting as the 
worker moved, thus potentially exposing the worker to a fall greater 
than 6 ft. Also, a worker crossing over the lifeline of another worker 
can create a hazard because the movement of one person can unbalance the 
other. In the event of a fall by one person there is a likelihood that 
the other person will be caused to fall as well. In addition, if 
contamination such as grout (during hollow core grouting) enters the 
retractable housing it can cause excessive wear and damage to the device 
and could clog the retracting mechanism as the lanyard is dragged across 
the deck. Obstructing the cable orifice can defeat the device's shock 
absorbing function, produce cable slack and damage, and adversely affect 
cable extraction and retraction.
    3. Employees tied to a lifeline can be trapped and crushed by moving 
structural members if the employee becomes restrained by the lanyard or 
retractable lifeline and cannot get out of the path of the moving load.
    The sudden movement of a precast concrete member being raised by a 
crane can be caused by a number of factors. When this happens, a 
connector may immediately have to move a considerable distance to avoid 
injury. If a tied off body belt/harness is being

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used, the connector could be trapped. Therefore, there is a greater risk 
of injury if the connector is tied to the structure for this specific 
erection sequence and procedure.
    When necessary to move away from a retractable device, the worker 
cannot move at a rate greater than the device locking speed typically 
3.5 to 4.5 ft/sec. When moving toward the device it is necessary to move 
at a rate which does not permit cable slack to build up. This slack may 
cause cable retraction acceleration and cause a worker to lose their 
balance by applying a higher than normal jerking force on the body when 
the cable suddenly becomes taut after building up momentum. This slack 
can also cause damage to the internal spring-loaded drum, uneven coiling 
of cable on the drum, and possible cable damage.
    The factors causing sudden movements for this location include:

                               (a) Cranes

    (1) Operator error.
    (2) Site conditions (soft or unstable ground).
    (3) Mechanical failure.
    (4) Structural failure.
    (5) Rigging failure.
    (6) Crane signal/radio communication failure.

                         (b) Weather Conditions

    (1) Wind (strong wind/sudden gusting)--particularly a problem with 
the large surface areas of precast concrete members.
    (2) Snow/rain (visibility).
    (3) Fog (visibility).
    (4) Cold--causing slowed reactions or mechanical problems.
    (c) Structure/Product Conditions.
    (1) Lifting Eye failure.
    (2) Bearing failure or slippage.
    (3) Structure shifting.
    (4) Bracing failure.
    (5) Product failure.
    (d) Human Error.
    (1) Incorrect tag line procedure.
    (2) Tag line hang-up.
    (3) Incorrect or misunderstood crane signals.
    (4) Misjudged elevation of member.
    (5) Misjudged speed of member.
    (6) Misjudged angle of member.
    4. Anchorages or special attachment points could be cast into the 
precast concrete members if sufficient preplanning and consideration of 
erectors' position is done before the members are cast. Any hole or 
other attachment must be approved by the engineer who designed the 
member. It is possible that some design restrictions will not allow a 
member to be weakened by an additional hole; however, it is anticipated 
that such situations would be the exception, not the rule. Attachment 
points, other than on the deck surface, will require removal and/or 
patching. In order to remove and/or patch these points, requires the 
employee to be exposed to an additional fall hazard at an unprotected 
perimeter. The fact that attachment points could be available anywhere 
on the structure does not eliminate the hazards of using these points 
for tying off as discussed above. A logical point for tying off on 
double tees would be using the lifting loops, except that they must be 
cut off to eliminate a tripping hazard at an appropriate time.
    5. Providing attachment at a point above the walking/working surface 
would also create fall exposures for employees installing their devices. 
Final positioning of a precast concrete member requires it to be moved 
in such a way that it must pass through the area that would be occupied 
by the lifeline and the lanyards attached to the point above. Resulting 
entanglements of lifelines and lanyards on a moving member could pull 
employees from the work surface. Also, the structure is being created 
and, in most cases, there is no structure above the members being 
placed.
    (a) Temporary structural supports, installed to provide attaching 
points for lifelines limit the space which is essential for orderly 
positioning, alignment and placement of the precast concrete members. To 
keep the lanyards a reasonable and manageable length, lifeline supports 
would necessarily need to be in proximity to the positioning process. A 
sudden shift of the precast concrete member being positioned because of 
wind pressure or crane movement could make it strike the temporary 
supporting structure, moving it suddenly and causing tied off employees 
to fall.
    (b) The time in manhours which would be expended in placing and 
maintaining temporary structural supports for lifeline attaching points 
could exceed the expended manhours involved in placing the precast 
concrete members. No protection could be provided for the employees 
erecting the temporary structural supports and these supports would have 
to be moved for each successive step in the construction process, thus 
greatly increasing the employee's exposure to the fall hazard.
    (c) The use of a cable strung horizontally between two columns to 
provide tie off lines for erecting or walking a beam for connecting work 
is not feasible and creates a greater hazard on this multi-story 
building for the following reasons:
    (1) If a connector is to use such a line, it must be installed 
between the two columns. To perform this installation requires an 
erector to have more fall exposure time attaching the cable to the 
columns than would be spent to make the beam to column connection 
itself.
    (2) If such a line is to be installed so that an erector can walk 
along a beam, it must be

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overhead or below him. For example, if a connector must walk along a 24 
in. wide beam, the presence of a line next to the connector at waist 
level, attached directly to the columns, would prevent the connector 
from centering their weight over the beam and balancing themselves. 
Installing the line above the connector might be possible on the first 
level of a two-story column; however, the column may extend only a few 
feet above the floor level at the second level or be flush with the 
floor level. Attaching the line to the side of the beam could be a 
solution; however, it would require the connector to attach the lanyard 
below foot level which would most likely extend a fall farther than 6 
ft.
    (3) When lines are strung over every beam, it becomes more and more 
difficult for the crane operator to lower a precast concrete member into 
position without the member becoming fouled. Should the member become 
entangled, it could easily dislodge the line from a column. If a worker 
is tied to it at the time, a fall could be caused.
    6. The ANSI A10.14-1991 American National Standard for Construction 
and Demolition Operations--Requirements for Safety Belts, Harnesses, 
Lanyards and Lifelines for Construction and Demolition Use, states that 
the anchor point of a lanyard or deceleration device should, if 
possible, be located above the wearer's belt or harness attachment. ANSI 
A10.14 also states that a suitable anchorage point is one which is 
located as high as possible to prevent contact with an obstruction below 
should the worker fall. Most manufacturers also warn in the user's 
handbook that the safety block/retractable lifeline must be positioned 
above the D-ring (above the work space of the intended user) and OSHA 
recommends that fall arrest and restraint equipment be used in 
accordance with the manufacturer's instructions.
    Attachment of a retractable device to a horizontal cable near floor 
level or using the inserts in the floor or roof members may result in 
increased free fall due to the dorsal D-ring of the full-body harness 
riding higher than the attachment point of the snaphook to the cable or 
insert (e.g., 6 foot tall worker with a dorsal D-ring at 5 feet above 
the floor or surface, reduces the working length to only one foot, by 
placing the anchorage five feet away from the fall hazard). In addition, 
impact loads may exceed maximum fall arrest forces (MAF) because the 
fall arrest D-ring would be 4 to 5 feet higher than the safety block/
retractable lifeline anchored to the walking-working surface; and the 
potential for swing hazards is increased.
    Manufacturers also require that workers not work at a level where 
the point of snaphook attachment to the body harness is above the device 
because this will increase the free fall distance and the deceleration 
distance and will cause higher forces on the body in the event of an 
accidental fall.
    Manufacturers recommend an anchorage for the retractable lifeline 
which is immovably fixed in space and is independent of the user's 
support systems. A moveable anchorage is one which can be moved around 
(such as equipment or wheeled vehicles) or which can deflect 
substantially under shock loading (such as a horizontal cable or very 
flexible beam). In the case of a very flexible anchorage, a shock load 
applied to the anchorage during fall arrest can cause oscillation of the 
flexible anchorage such that the retractable brake mechanism may undergo 
one or more cycles of locking/unlocking/locking (ratchet effect) until 
the anchorage deflection is dampened. Therefore, use of a moveable 
anchorage involves critical engineering and safety factors and should 
only be considered after fixed anchorage has been determined to be not 
feasible.
    Horizontal cables used as an anchorage present an additional hazard 
due to amplification of the horizontal component of maximum arrest force 
(of a fall) transmitted to the points where the horizontal cable is 
attached to the structure. This amplification is due to the angle of sag 
of a horizontal cable and is most severe for small angles of sag. For a 
cable sag angle of 2 degrees the horizontal force on the points of cable 
attachment can be amplified by a factor of 15.
    It is also necessary to install the retractable device vertically 
overhead to minimize swing falls. If an object is in the worker's swing 
path (or that of the cable) hazardous situations exist: (1) due to the 
swing, horizontal speed of the user may be high enough to cause injury 
when an obstacle in the swing fall path is struck by either the user or 
the cable; (2) the total vertical fall distance of the user may be much 
greater than if the user had fallen only vertically without a swing fall 
path.
    With retractable lines, overconfidence may cause the worker to 
engage in inappropriate behavior, such as approaching the perimeter of a 
floor or roof at a distance appreciably greater than the shortest 
distance between the anchorage point and the leading edge. Though the 
retractable lifeline may arrest a worker's fall before he or she has 
fallen a few feet, the lifeline may drag along the edge of the floor or 
beam and swing the worker like a pendulum until the line has moved to a 
position where the distance between the anchorage point and floor edge 
is the shortest distance between those two points. Accompanying this 
pendulum swing is a lowering of the worker, with the attendant danger 
that he or she may violently impact the floor or some obstruction below.
    The risk of a cable breaking is increased if a lifeline is dragged 
sideways across the rough surface or edge of a concrete member at the 
same moment that the lifeline is

[[Page 325]]

being subjected to a maximum impact loading during a fall. The typical 
\3/16\ in. cable in a retractable lifeline has a breaking strength of 
from 3000 to 3700 lbs.
    7. The competent person, who can take into account the specialized 
operations being performed on this project, should determine when and 
where a designated erector cannot use a personal fall arrest system.

                          B. Safety Net Systems

    The nature of this particular precast concrete erection worksite 
precludes the safe use of safety nets where point of erection or leading 
edge work must take place.
    1. To install safety nets in the interior high bay of the single 
story portion of the building poses rigging attachment problems. 
Structural members do not exist to which supporting devices for nets can 
be attached in the area where protection is required. As the erection 
operation advances, the location of point of erection or leading edge 
work changes constantly as each member is attached to the structure. Due 
to this constant change it is not feasible to set net sections and build 
separate structures to support the nets.
    2. The nature of the erection process for the precast concrete 
members is such that an installed net would protect workers as they 
position and secure only one structural member. After each member is 
stabilized the net would have to be moved to a new location (this could 
mean a move of 8 to 10 ft or the possibility of a move to a different 
level or area of the structure) to protect workers placing the next 
piece in the construction sequence. The result would be the installation 
and dismantling of safety nets repeatedly throughout the normal work 
day. As the time necessary to install a net, test, and remove it is 
significantly greater than the time necessary to position and secure a 
precast concrete member, the exposure time for the worker installing the 
safety net would be far longer than for the workers whom the net is 
intended to protect. The time exposure repeats itself each time the nets 
and supporting hardware must be moved laterally or upward to provide 
protection at the point of erection or leading edge.
    3. Strict interpretation of Sec.  1926.502(c) requires that 
operations shall not be undertaken until the net is in place and has 
been tested. With the point of erection constantly changing, the time 
necessary to install and test a safety net significantly exceeds the 
time necessary to position and secure the concrete member.
    4. Use of safety nets on exposed perimeter wall openings and 
opensided floors, causes attachment points to be left in architectural 
concrete which must be patched and filled with matching material after 
the net supporting hardware is removed. In order to patch these 
openings, additional numbers of employees must be suspended by swing 
stages, boatswain chairs or other devices, thereby increasing the amount 
of fall exposure time to employees.
    5. Installed safety nets pose an additional hazard at the perimeter 
of the erected structure where limited space is available in which 
members can be turned after being lifted from the ground by the crane. 
There would be a high probability that the member being lifted could 
become entangled in net hardware, cables, etc.
    6. The use of safety nets where structural wall panels are being 
erected would prevent movement of panels to point of installation. To be 
effective, nets would necessarily have to provide protection across the 
area where structural supporting wall panels would be set and plumbed 
before roof units could be placed.
    7. Use of a tower crane for the erection of the high rise portion of 
the structure poses a particular hazard in that the crane operator 
cannot see or judge the proximity of the load in relation to the 
structure or nets. If the signaler is looking through nets and 
supporting structural devices while giving instructions to the crane 
operator, it is not possible to judge precise relationships between the 
load and the structure itself or to nets and supporting structural 
devices. This could cause the load to become entangled in the net or hit 
the structure causing potential damage.

                          C. Guardrail Systems

    On this particular worksite, guardrails, barricades, ropes, cables 
or other perimeter guarding devices or methods on the erection floor 
will pose problems to safe erection procedures. Typically, a floor or 
roof is erected by placing 4 to 10 ft wide structural members next to 
one another and welding or grouting them together. The perimeter of a 
floor and roof changes each time a new member is placed into position. 
It is unreasonable and virtually impossible to erect guardrails and toe 
boards at the ever changing leading edge of a floor or roof.
    1. To position a member safely it is necessary to remove all 
obstructions extending above the floor level near the point of erection. 
Such a procedure allows workers to swing a new member across the erected 
surface as necessary to position it properly without worrying about 
knocking material off of this surface.
    Hollow core slab erection on the masonry wall requires installation 
of the perimeter protection where the masonry wall has to be 
constructed. This means the guardrail is installed then subsequently 
removed to continue the masonry construction. The erector will be 
exposed to a fall hazard for a longer period of time while installing 
and removing perimeter protection than while erecting the slabs.

[[Page 326]]

    In hollow core work, as in other precast concrete erection, others 
are not typically on the work deck until the precast concrete erection 
is complete. The deck is not complete until the leveling, aligning, and 
grouting of the joints is done. It is normal practice to keep others off 
the deck until at least the next day after the installation is complete 
to allow the grout to harden.
    2. There is no permanent boundary until all structural members have 
been placed in the floor or roof. At the leading edge, workers are 
operating at the temporary edge of the structure as they work to 
position the next member in the sequence. Compliance with the standard 
would require a guardrail and toe board be installed along this edge. 
However, the presence of such a device would prevent a new member from 
being swung over the erected surface low enough to allow workers to 
control it safely during the positioning process. Further, these 
employees would have to work through the guardrail to align the new 
member and connect it to the structure. The guardrail would not protect 
an employee who must lean through it to do the necessary work, rather it 
would hinder the employee to such a degree that a greater hazard is 
created than if the guardrail were absent.
    3. Guardrail requirements pose a hazard at the leading edge of 
installed floor or roof sections by creating the possibility of 
employees being caught between guardrails and suspended loads. The lack 
of a clear work area in which to guide the suspended load into position 
for placement and welding of members into the existing structure creates 
still further hazards.
    4. Where erection processes require precast concrete stairways or 
openings to be installed as an integral part of the overall erection 
process, it must also be recognized that guardrails or handrails must 
not project above the surface of the erection floor. Such guardrails 
should be terminated at the level of the erection floor to avoid placing 
hazardous obstacles in the path of a member being positioned.

        V. Other Fall Protection Measures Considered for This Job

    The following is a list and explanation of other fall protection 
measures available and an explanation of limitations for use on this 
particular jobsite. If during the course of erecting the building the 
employee sees an area that could be erected more safely by the use of 
these fall protection measures, the foreman should be notified.
    A. Scaffolds are not used because:
    1. The leading edge of the building is constantly changing and the 
scaffolding would have to be moved at very frequent intervals. Employees 
erecting and dismantling the scaffolding would be exposed to fall 
hazards for a greater length of time than they would by merely erecting 
the precast concrete member.
    2. A scaffold tower could interfere with the safe swinging of a load 
by the crane.
    3. Power lines, terrain and site do not allow for the safe use of 
scaffolding.
    B. Vehicle mounted platforms are not used because:
    1. A vehicle mounted platform will not reach areas on the deck that 
are erected over other levels.
    2. The leading edge of the building is usually over a lower level of 
the building and this lower level will not support the weight of a 
vehicle mounted platform.
    3. A vehicle mounted platform could interfere with the safe swinging 
of a load by the crane, either by the crane swinging the load over or 
into the equipment.
    4. Power lines and surrounding site work do not allow for the safe 
use of a vehicle mounted platform.
    C. Crane suspended personnel platforms are not used because:
    1. A second crane close enough to suspend any employee in the 
working and erecting area could interfere with the safe swinging of a 
load by the crane hoisting the product to be erected.
    2. Power lines and surrounding site work do not allow for the safe 
use of a second crane on the job.

                             VI. Enforcement

    Constant awareness of and respect for fall hazards, and compliance 
with all safety rules are considered conditions of employment. The 
jobsite Superintendent, as well as individuals in the Safety and 
Personnel Department, reserve the right to issue disciplinary warnings 
to employees, up to and including termination, for failure to follow the 
guidelines of this program.

                      VII. Accident Investigations

    All accidents that result in injury to workers, regardless of their 
nature, shall be investigated and reported. It is an integral part of 
any safety program that documentation take place as soon as possible so 
that the cause and means of prevention can be identified to prevent a 
reoccurrence.
    In the event that an employee falls or there is some other related, 
serious incident occurring, this plan shall be reviewed to determine if 
additional practices, procedures, or training need to be implemented to 
prevent similar types of falls or incidents from occurring.

                          VIII. Changes to Plan

    Any changes to the plan will be approved by (name of the qualified 
person). This plan shall be reviewed by a qualified person as the job 
progresses to determine if additional practices, procedures or training 
needs to be

[[Page 327]]

implemented by the competent person to improve or provide additional 
fall protection. Workers shall be notified and trained, if necessary, in 
the new procedures. A copy of this plan and all approved changes shall 
be maintained at the jobsite.

        Sample Fall Protection Plan for Residential Construction

                          (Insert Company Name)

    This Fall Protection Plan Is Specific For The Following Project:

Location of Job_________________________________________________________
Date Plan Prepared or Modified__________________________________________
Plan Prepared By________________________________________________________
Plan Approved By________________________________________________________
Plan Supervised By______________________________________________________
    The following Fall Protection Plan is a sample program prepared for 
the prevention of injuries associated with falls. A Fall Protection Plan 
must be developed and evaluated on a site by site basis. It is 
recommended that builders discuss the written Fall Protection Plan with 
their OSHA Area Office prior to going on a jobsite.

                     I. Statement of Company Policy

    (Your company name here) is dedicated to the protection of its 
employees from on-the-job injuries. All employees of (Your company name 
here) have the responsibility to work safely on the job. The purpose of 
the plan is to supplement our existing safety and health program and to 
ensure that every employee who works for (Your company name here) 
recognizes workplace fall hazards and takes the appropriate measures to 
address those hazards.
    This Fall Protection Plan addresses the use of conventional fall 
protection at a number of areas on the project, as well as identifies 
specific activities that require non-conventional means of fall 
protection. During the construction of residential buildings under 48 
feet in height, it is sometimes infeasible or it creates a greater 
hazard to use conventional fall protection systems at specific areas or 
for specific tasks. The areas or tasks may include, but are not limited 
to:
    a. Setting and bracing of roof trusses and rafters;
    b. Installation of floor sheathing and joists;
    c. Roof sheathing operations; and
    d. Erecting exterior walls.
    In these cases, conventional fall protection systems may not be the 
safest choice for builders. This plan is designed to enable employers 
and employees to recognize the fall hazards associated with this job and 
to establish the safest procedures that are to be followed in order to 
prevent falls to lower levels or through holes and openings in walking/
working surfaces.
    Each employee will be trained in these procedures and will strictly 
adhere to them except when doing so would expose the employee to a 
greater hazard. If, in the employee's opinion, this is the case, the 
employee is to notify the competent person of their concern and have the 
concern addressed before proceeding.
    It is the responsibility of (name of competent person) to implement 
this Fall Protection Plan. Continual observational safety checks of work 
operations and the enforcement of the safety policy and procedures shall 
be regularly enforced. The crew supervisor or foreman (insert name) is 
responsible for correcting any unsafe practices or conditions 
immediately.
    It is the responsibility of the employer to ensure that all 
employees understand and adhere to the procedures of this plan and to 
follow the instructions of the crew supervisor. It is also the 
responsibility of the employee to bring to management's attention any 
unsafe or hazardous conditions or practices that may cause injury to 
either themselves or any other employees. Any changes to the Fall 
Protection Plan must be approved by (name of qualified person).

           II. Fall Protection Systems To Be Used on This Job

    Installation of roof trusses/rafters, exterior wall erection, roof 
sheathing, floor sheathing and joist/truss activities will be conducted 
by employees who are specifically trained to do this type of work and 
are trained to recognize the fall hazards. The nature of such work 
normally exposes the employee to the fall hazard for a short period of 
time. This Plan details how (Your company name here) will minimize these 
hazards.

                         Controlled Access Zones

    When using the Plan to implement the fall protection options 
available, workers must be protected through limited access to high 
hazard locations. Before any non-conventional fall protection systems 
are used as part of the work plan, a controlled access zone (CAZ) shall 
be clearly defined by the competent person as an area where a recognized 
hazard exists. The demarcation of the CAZ shall be communicated by the 
competent person in a recognized manner, either through signs, wires, 
tapes, ropes or chains.
    (Your company name here) shall take the following steps to ensure 
that the CAZ is clearly marked or controlled by the competent person:
     All access to the CAZ must be restricted to 
authorized entrants;
     All workers who are permitted in the CAZ shall be 
listed in the appropriate sections of the Plan (or be visibly 
identifiable by the competent person) prior to implementation;

[[Page 328]]

     The competent person shall ensure that all 
protective elements of the CAZ be implemented prior to the beginning of 
work.

       Installation Procedures for Roof Truss and Rafter Erection

    During the erection and bracing of roof trusses/rafters, 
conventional fall protection may present a greater hazard to workers. On 
this job, safety nets, guardrails and personal fall arrest systems will 
not provide adequate fall protection because the nets will cause the 
walls to collapse, while there are no suitable attachment or anchorage 
points for guardrails or personal fall arrest systems.
    On this job, requiring workers to use a ladder for the entire 
installation process will cause a greater hazard because the worker must 
stand on the ladder with his back or side to the front of the ladder. 
While erecting the truss or rafter the worker will need both hands to 
maneuver the truss and therefore cannot hold onto the ladder. In 
addition, ladders cannot be adequately protected from movement while 
trusses are being maneuvered into place. Many workers may experience 
additional fatigue because of the increase in overhead work with heavy 
materials, which can also lead to a greater hazard.
    Exterior scaffolds cannot be utilized on this job because the 
ground, after recent backfilling, cannot support the scaffolding. In 
most cases, the erection and dismantling of the scaffold would expose 
workers to a greater fall hazard than erection of the trusses/rafters.
    On all walls eight feet or less, workers will install interior 
scaffolds along the interior wall below the location where the trusses/
rafters will be erected. ``Sawhorse'' scaffolds constructed of 46 inch 
sawhorses and 2 x 10 planks will often allow workers to be elevated high 
enough to allow for the erection of trusses and rafters without working 
on the top plate of the wall.
    In structures that have walls higher than eight feet and where the 
use of scaffolds and ladders would create a greater hazard, safe working 
procedures will be utilized when working on the top plate and will be 
monitored by the crew supervisor. During all stages of truss/rafter 
erection the stability of the trusses/rafters will be ensured at all 
times.
    (Your company name here) shall take the following steps to protect 
workers who are exposed to fall hazards while working from the top plate 
installing trusses/rafters:
     Only the following trained workers will be 
allowed to work on the top plate during roof truss or rafter 
installation:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
     Workers shall have no other duties to perform 
during truss/rafter erection procedures;
     All trusses/rafters will be adequately braced 
before any worker can use the truss/rafter as a support;
     Workers will remain on the top plate using the 
previously stabilized truss/rafter as a support while other trusses/
rafters are being erected;
     Workers will leave the area of the secured 
trusses only when it is necessary to secure another truss/rafter;
     The first two trusses/rafters will be set from 
ladders leaning on side walls at points where the walls can support the 
weight of the ladder; and
     A worker will climb onto the interior top plate 
via a ladder to secure the peaks of the first two trusses/rafters being 
set.
    The workers responsible for detaching trusses from cranes and/or 
securing trusses at the peaks traditionally are positioned at the peak 
of the trusses/rafters. There are also situations where workers securing 
rafters to ridge beams will be positioned on top of the ridge beam.
    (Your company name here) shall take the following steps to protect 
workers who are exposed to fall hazards while securing trusses/rafters 
at the peak of the trusses/ridge beam:
     Only the following trained workers will be 
allowed to work at the peak during roof truss or rafter installation:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
     Once truss or rafter installation begins, workers 
not involved in that activity shall not stand or walk below or adjacent 
to the roof opening or exterior walls in any area where they could be 
struck by falling objects;
     Workers shall have no other duties than securing/
bracing the trusses/ridge beam;
     Workers positioned at the peaks or in the webs of 
trusses or on top of the ridge beam shall work from a stable position, 
either by sitting on a ``ridge seat'' or other equivalent surface that 
provides additional stability or by positioning themselves in previously 
stabilized trusses/rafters and leaning into and reaching through the 
trusses/rafters;
     Workers shall not remain on or in the peak/ridge 
any longer than necessary to safely complete the task.

                        Roof Sheathing Operations

    Workers typically install roof sheathing after all trusses/rafters 
and any permanent truss bracing is in place. Roof structures are 
unstable until some sheathing is installed, so workers installing roof 
sheathing cannot be protected from fall hazards by conventional fall 
protection systems until it is determined

[[Page 329]]

that the roofing system can be used as an anchorage point. At that 
point, employees shall be protected by a personal fall arrest system.
    Trusses/rafters are subject to collapse if a worker falls while 
attached to a single truss with a belt/harness. Nets could also cause 
collapse, and there is no place to attach guardrails.
    All workers will ensure that they have secure footing before they 
attempt to walk on the sheathing, including cleaning shoes/boots of mud 
or other slip hazards.
    To minimize the time workers must be exposed to a fall hazard, 
materials will be staged to allow for the quickest installation of 
sheathing.
    (Your company name here) shall take the following steps to protect 
workers who are exposed to fall hazards while installing roof sheathing:
     Once roof sheathing installation begins, workers 
not involved in that activity shall not stand or walk below or adjacent 
to the roof opening or exterior walls in any area where they could be 
struck by falling objects;
     The competent person shall determine the limits 
of this area, which shall be clearly communicated to workers prior to 
placement of the first piece of roof sheathing;
     The competent person may order work on the roof 
to be suspended for brief periods as necessary to allow other workers to 
pass through such areas when this would not create a greater hazard;
     Only qualified workers shall install roof 
sheathing;
     The bottom row of roof sheathing may be installed 
by workers standing in truss webs;
     After the bottom row of roof sheathing is 
installed, a slide guard extending the width of the roof shall be 
securely attached to the roof. Slide guards are to be constructed of no 
less than nominal 4'' height capable of limiting the uncontrolled slide 
of workers. Workers should install the slide guard while standing in 
truss webs and leaning over the sheathing;
     Additional rows of roof sheathing may be 
installed by workers positioned on previously installed rows of 
sheathing. A slide guard can be used to assist workers in retaining 
their footing during successive sheathing operations; and
     Additional slide guards shall be securely 
attached to the roof at intervals not to exceed 13 feet as successive 
rows of sheathing are installed. For roofs with pitches in excess of 9-
in-12, slide guards will be installed at four-foot intervals.
     When wet weather (rain, snow, or sleet) are 
present, roof sheathing operations shall be suspended unless safe 
footing can be assured for those workers installing sheathing.
     When strong winds (above 40 miles per hour) are 
present, roof sheathing operations are to be suspended unless wind 
breakers are erected.

               Installation of Floor Joists and Sheathing

    During the installation of floor sheathing/joists (leading edge 
construction), the following steps shall be taken to protect workers:
     Only the following trained workers will be 
allowed to install floor joists or sheathing:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
     Materials for the operations shall be 
conveniently staged to allow for easy access to workers;
     The first floor joists or trusses will be rolled 
into position and secured either from the ground, ladders or sawhorse 
scaffolds;
     Each successive floor joist or truss will be 
rolled into place and secured from a platform created from a sheet of 
plywood laid over the previously secured floor joists or trusses;
     Except for the first row of sheathing which will 
be installed from ladders or the ground, workers shall work from the 
established deck; and
     Any workers not assisting in the leading edge 
construction while leading edges still exist (e.g. cutting the decking 
for the installers) shall not be permitted within six feet of the 
leading edge under construction.

                       Erection of Exterior Walls

    During the construction and erection of exterior walls, employers 
shall take the following steps to protect workers:
     Only the following trained workers will be 
allowed to erect exterior walls:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
     A painted line six feet from the perimeter will 
be clearly marked prior to any wall erection activities to warn of the 
approaching unprotected edge;
     Materials for operations shall be conveniently 
staged to minimize fall hazards; and
     Workers constructing exterior walls shall 
complete as much cutting of materials and other preparation as possible 
away from the edge of the deck.

                            III. Enforcement

    Constant awareness of and respect for fall hazards, and compliance 
with all safety rules are considered conditions of employment. The crew 
supervisor or foreman, as well as individuals in the Safety and 
Personnel Department, reserve the right to issue disciplinary warnings 
to employees, up to and including termination, for failure to follow the 
guidelines of this program.

[[Page 330]]

                       IV. Accident Investigations

    All accidents that result in injury to workers, regardless of their 
nature, shall be investigated and reported. It is an integral part of 
any safety program that documentation take place as soon as possible so 
that the cause and means of prevention can be identified to prevent a 
reoccurrence.
    In the event that an employee falls or there is some other related, 
serious incident occurring, this plan shall be reviewed to determine if 
additional practices, procedures, or training need to be implemented to 
prevent similar types of falls or incidents from occurring.

                           V. Changes to Plan

    Any changes to the plan will be approved by (name of the qualified 
person). This plan shall be reviewed by a qualified person as the job 
progresses to determine if additional practices, procedures or training 
needs to be implemented by the competent person to improve or provide 
additional fall protection. Workers shall be notified and trained, if 
necessary, in the new procedures. A copy of this plan and all approved 
changes shall be maintained at the jobsite.

[59 FR 40730, Aug. 9, 1994]



         Subpart N_Helicopters, Hoists, Elevators, and Conveyors

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (49 FR 
35736), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912), as applicable; and 
29 CFR 1911.



Sec.  1926.550  [Reserved]



Sec.  1926.551  Helicopters.

    (a) Helicopter regulations. Helicopter cranes shall be expected to 
comply with any applicable regulations of the Federal Aviation 
Administration.
    (b) Briefing. Prior to each day's operation a briefing shall be 
conducted. This briefing shall set forth the plan of operation for the 
pilot and ground personnel.
    (c) Slings and tag lines. Load shall be properly slung. Tag lines 
shall be of a length that will not permit their being drawn up into 
rotors. Pressed sleeve, swedged eyes, or equivalent means shall be used 
for all freely suspended loads to prevent hand splices from spinning 
open or cable clamps from loosening.
    (d) Cargo hooks. All electrically operated cargo hooks shall have 
the electrical activating device so designed and installed as to prevent 
inadvertent operation. In addition, these cargo hooks shall be equipped 
with an emergency mechanical control for releasing the load. The hooks 
shall be tested prior to each day's operation to determine that the 
release functions properly, both electrically and mechanically.
    (e) Personal protective equipment. (1) Personal protective equipment 
for employees receiving the load shall consist of complete eye 
protection and hard hats secured by chinstraps.
    (2) Loose-fitting clothing likely to flap in the downwash, and thus 
be snagged on hoist line, shall not be worn.
    (f) Loose gear and objects. Every practical precaution shall be 
taken to provide for the protection of the employees from flying objects 
in the rotor downwash. All loose gear within 100 feet of the place of 
lifting the load, depositing the load, and all other areas susceptible 
to rotor downwash shall be secured or removed.
    (g) Housekeeping. Good housekeeping shall be maintained in all 
helicopter loading and unloading areas.
    (h) Operator responsibility. The helicopter operator shall be 
responsible for size, weight, and manner in which loads are connected to 
the helicopter. If, for any reason, the helicopter operator believes the 
lift cannot be made safely, the lift shall not be made.
    (i) Hooking and unhooking loads. When employees are required to 
perform work under hovering craft, a safe means of access shall be 
provided for employees to reach the hoist line hook and engage or 
disengage cargo slings. Employees shall not perform work under hovering 
craft except when necessary to hook or unhook loads.
    (j) Static charge. Static charge on the suspended load shall be 
dissipated with a grounding device before ground personnel touch the 
suspended load, or protective rubber gloves shall be worn by all ground 
personnel touching the suspended load.
    (k) Weight limitation. The weight of an external load shall not 
exceed the manufacturer's rating.

[[Page 331]]

    (l) Ground lines. Hoist wires or other gear, except for pulling 
lines or conductors that are allowed to ``pay out'' from a container or 
roll off a reel, shall not be attached to any fixed ground structure, or 
allowed to foul on any fixed structure.
    (m) Visibility. When visibility is reduced by dust or other 
conditions, ground personnel shall exercise special caution to keep 
clear of main and stabilizing rotors. Precautions shall also be taken by 
the employer to eliminate as far as practical reduced visibility.
    (n) Signal systems. Signal systems between aircrew and ground 
personnel shall be understood and checked in advance of hoisting the 
load. This applies to either radio or hand signal systems. Hand signals 
shall be as shown in Figure N-1.

[[Page 332]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.015

    (o) Approach distance. No unauthorized person shall be allowed to 
approach within 50 feet of the helicopter when the rotor blades are 
turning.
    (p) Approaching helicopter. Whenever approaching or leaving a 
helicopter with blades rotating, all employees shall remain in full view 
of the pilot

[[Page 333]]

and keep in a crouched position. Employees shall avoid the area from the 
cockpit or cabin rearward unless authorized by the helicopter operator 
to work there.
    (q) Personnel. Sufficient ground personnel shall be provided when 
required for safe helicopter loading and unloading operations.
    (r) Communications. There shall be constant reliable communication 
between the pilot, and a designated employee of the ground crew who acts 
as a signalman during the period of loading and unloading. This 
signalman shall be distinctly recognizable from other ground personnel.
    (s) Fires. Open fires shall not be permitted in an area that could 
result in such fires being spread by the rotor downwash.



Sec.  1926.552  Material hoists, personnel hoists, and elevators.

    (a) General requirements. (1) The employer shall comply with the 
manufacturer's specifications and limitations applicable to the 
operation of all hoists and elevators. Where manufacturer's 
specifications are not available, the limitations assigned to the 
equipment shall be based on the determinations of a professional 
engineer competent in the field.
    (2) Rated load capacities, recommended operating speeds, and special 
hazard warnings or instructions shall be posted on cars and platforms.
    (3) Wire rope shall be removed from service when any of the 
following conditions exists:
    (i) In hoisting ropes, six randomly distributed broken wires in one 
rope lay or three broken wires in one strand in one rope lay;
    (ii) Abrasion, scrubbing, flattening, or peening, causing loss of 
more than one-third of the original diameter of the outside wires;
    (iii) Evidence of any heat damage resulting from a torch or any 
damage caused by contact with electrical wires;
    (iv) Reduction from nominal diameter of more than three sixty-
fourths inch for diameters up to and including three-fourths inch; one-
sixteenth inch for diameters seven-eights to 1\1/8\ inches; and three 
thirty-seconds inch for diameters 1\1/4\ to 1\1/2\ inches.
    (4) Hoisting ropes shall be installed in accordance with the wire 
rope manufacturers' recommendations.
    (5) The installation of live booms on hoists is prohibited.
    (6) The use of endless belt-type manlifts on construction shall be 
prohibited.
    (b) Material hoists. (1)(i) Operating rules shall be established and 
posted at the operator's station of the hoist. Such rules shall include 
signal system and allowable line speed for various loads. Rules and 
notices shall be posted on the car frame or crosshead in a conspicuous 
location, including the statement ``No Riders Allowed.''
    (ii) No person shall be allowed to ride on material hoists except 
for the purposes of inspection and maintenance.
    (2) All entrances of the hoistways shall be protected by substantial 
gates or bars which shall guard the full width of the landing entrance. 
All hoistway entrance bars and gates shall be painted with diagonal 
contrasting colors, such as black and yellow stripes.
    (i) Bars shall be not less than 2- by 4-inch wooden bars or the 
equivalent, located 2 feet from the hoistway line. Bars shall be located 
not less than 36 inches nor more than 42 inches above the floor.
    (ii) Gates or bars protecting the entrances to hoistways shall be 
equipped with a latching device.
    (3) Overhead protective covering of 2-inch planking, \3/4\-inch 
plywood, or other solid material of equivalent strength, shall be 
provided on the top of every material hoist cage or platform.
    (4) The operator's station of a hoisting machine shall be provided 
with overhead protection equivalent to tight planking not less than 2 
inches thick. The support for the overhead protection shall be of equal 
strength.
    (5) Hoist towers may be used with or without an enclosure on all 
sides. However, whichever alternative is chosen, the following 
applicable conditions shall be met:
    (i) When a hoist tower is enclosed, it shall be enclosed on all 
sides for its entire height with a screen enclosure of

[[Page 334]]

\1/2\-inch mesh, No. 18 U.S. gauge wire or equivalent, except for 
landing access.
    (ii) When a hoist tower is not enclosed, the hoist platform or car 
shall be totally enclosed (caged) on all sides for the full height 
between the floor and the overhead protective covering with \1/2\-inch 
mesh of No. 14 U.S. gauge wire or equivalent. The hoist platform 
enclosure shall include the required gates for loading and unloading. A 
6-foot high enclosure shall be provided on the unused sides of the hoist 
tower at ground level.
    (6) Car arresting devices shall be installed to function in case of 
rope failure.
    (7) All material hoist towers shall be designed by a licensed 
professional engineer.
    (8) All material hoists shall conform to the requirements of ANSI 
A10.5-1969, Safety Requirements for Material Hoists.
    (c) Personnel hoists. (1) Hoist towers outside the structure shall 
be enclosed for the full height on the side or sides used for entrance 
and exit to the structure. At the lowest landing, the enclosure on the 
sides not used for exit or entrance to the structure shall be enclosed 
to a height of at least 10 feet. Other sides of the tower adjacent to 
floors or scaffold platforms shall be enclosed to a height of 10 feet 
above the level of such floors or scaffolds.
    (2) Towers inside of structures shall be enclosed on all four sides 
throughout the full height.
    (3) Towers shall be anchored to the structure at intervals not 
exceeding 25 feet. In addition to tie-ins, a series of guys shall be 
installed. Where tie-ins are not practical the tower shall be anchored 
by means of guys made of wire rope at least one-half inch in diameter, 
securely fastened to anchorage to ensure stability.
    (4) Hoistway doors or gates shall be not less than 6 feet 6 inches 
high and shall be provided with mechanical locks which cannot be 
operated from the landing side, and shall be accessible only to persons 
on the car.
    (5) Cars shall be permanently enclosed on all sides and the top, 
except sides used for entrance and exit which have car gates or doors.
    (6) A door or gate shall be provided at each entrance to the car 
which shall protect the full width and height of the car entrance 
opening.
    (7) Overhead protective covering of 2-inch planking, \3/4\-inch 
plywood or other solid material or equivalent strength shall be provided 
on the top of every personnel hoist.
    (8) Doors or gates shall be provided with electric contacts which do 
not allow movement of the hoist when door or gate is open.
    (9) Safeties shall be capable of stopping and holding the car and 
rated load when traveling at governor tripping speed.
    (10) Cars shall be provided with a capacity and data plate secured 
in a conspicuous place on the car or crosshead.
    (11) Internal combustion engines shall not be permitted for direct 
drive.
    (12) Normal and final terminal stopping devices shall be provided.
    (13) An emergency stop switch shall be provided in the car and 
marked ``Stop.''
    (14) Ropes: (i) The minimum number of hoisting ropes used shall be 
three for traction hoists and two for drum-type hoists.
    (ii) The minimum diameter of hoisting and counterweight wire ropes 
shall be \1/2\-inch.
    (iii) Safety factors:

           Minimum Factors of Safety for Suspension Wire Ropes
------------------------------------------------------------------------
                                                                Minimum
                Rope speed in feet per minute                  factor of
                                                                safety
------------------------------------------------------------------------
50..........................................................        7.60
75..........................................................        7.75
100.........................................................        7.95
125.........................................................        8.10
150.........................................................        8.25
175.........................................................        8.40
200.........................................................        8.60
225.........................................................        8.75
250.........................................................        8.90
300.........................................................        9.20
350.........................................................        9.50
400.........................................................        9.75
450.........................................................       10.00
500.........................................................       10.25
550.........................................................       10.45
600.........................................................       10.70
------------------------------------------------------------------------

    (15) Following assembly and erection of hoists, and before being put 
in service, an inspection and test of all functions and safety devices 
shall be made under the supervision of a competent

[[Page 335]]

person. A similar inspection and test is required following major 
alteration of an existing installation. All hoists shall be inspected 
and tested at not more than 3-month intervals. The employer shall 
prepare a certification record which includes the date the inspection 
and test of all functions and safety devices was performed; the 
signature of the person who performed the inspection and test; and a 
serial number, or other identifier, for the hoist that was inspected and 
tested. The most recent certification record shall be maintained on 
file.
    (16) All personnel hoists used by employees shall be constructed of 
materials and components which meet the specifications for materials, 
construction, safety devices, assembly, and structural integrity as 
stated in the American National Standard A10.4-1963, Safety Requirements 
for Workmen's Hoists. The requirements of this paragraph (c)(16) do not 
apply to cantilever type personnel hoists.
    (17)(i) Personnel hoists used in bridge tower construction shall be 
approved by a registered professional engineer and erected under the 
supervision of a qualified engineer competent in this field.
    (ii) When a hoist tower is not enclosed, the hoist platform or car 
shall be totally enclosed (caged) on all sides for the full height 
between the floor and the overhead protective covering with \3/4\-inch 
mesh of No. 14 U.S. gauge wire or equivalent. The hoist platform 
enclosure shall include the required gates for loading and unloading.
    (iii) These hoists shall be inspected and maintained on a weekly 
basis. Whenever the hoisting equipment is exposed to winds exceeding 35 
miles per hour it shall be inspected and put in operable condition 
before reuse.
    (iv) Wire rope shall be taken out of service when any of the 
following conditions exist:
    (A) In running ropes, six randomly distributed broken wires in one 
lay or three broken wires in one strand in one lay;
    (B) Wear of one-third the original diameter of outside individual 
wires. Kinking, crushing, bird caging, or any other damage resulting in 
distortion of the rope structure;
    (C) Evidence of any heat damage from any cause;
    (D) Reductions from nominal diameter of more than three-sixty-
fourths inch for diameters to and including three-fourths inch, one-
sixteenth inch for diameters seven-eights inch to 1\1/8\ inches 
inclusive, three-thirty-seconds inch for diameters 1\1/4\ to 1\1/2\ 
inches inclusive;
    (E) In standing ropes, more than two broken wires in one lay in 
sections beyond end connections or more than one broken wire at an end 
connection.
    (d) Permanent elevators under the care and custody of the employer 
and used by employees for work covered by this Act shall comply with the 
requirements of American National Standards Institute A17.1-1965 with 
addenda A17.1a-1967, A17.1b-1968, A17.1c-1969, A17.1d-1970, and 
inspected in accordance with A17.2-1960 with addenda A17.2a-1965, 
A17.2b-1967.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 52 
FR 36382, Sept. 28, 1987; 85 FR 8743, Feb. 18, 2020]



Sec.  1926.553  Base-mounted drum hoists.

    (a) General requirements. (1) Exposed moving parts such as gears, 
projecting screws, setscrews, chain, cables, chain sprockets, and 
reciprocating or rotating parts, which constitute a hazard, shall be 
guarded.
    (2) All controls used during the normal operation cycle shall be 
located within easy reach of the operator's station.
    (3) Electric motor operated hoists shall be provided with:
    (i) A device to disconnect all motors from the line upon power 
failure and not permit any motor to be restarted until the controller 
handle is brought to the ``off'' position;
    (ii) Where applicable, an overspeed preventive device;
    (iii) A means whereby remotely operated hoists stop when any control 
is ineffective.
    (4) All base-mounted drum hoists in use shall meet the applicable 
requirements for design, construction, installation, testing, 
inspection, maintenance, and operations, as prescribed by the 
manufacturer.
    (b) Specific requirements. [Reserved]

[[Page 336]]

    (c) This section does not apply to base-mounted drum hoists used in 
conjunction with derricks. Base-mounted drum hoists used in conjunction 
with derricks must conform to Sec.  1926.1436(e).

[44 FR 8577, Feb. 9, 1979, as amended at 75 FR 48134, Aug. 9, 2010]



Sec.  1926.554  Overhead hoists.

    (a) General requirements. (1) The safe working load of the overhead 
hoist, as determined by the manufacturer, shall be indicated on the 
hoist, and this safe working load shall not be exceeded.
    (2) The supporting structure to which the hoist is attached shall 
have a safe working load equal to that of the hoist.
    (3) The support shall be arranged so as to provide for free movement 
of the hoist and shall not restrict the hoist from lining itself up with 
the load.
    (4) The hoist shall be installed only in locations that will permit 
the operator to stand clear of the load at all times.
    (5) Air hoists shall be connected to an air supply of sufficient 
capacity and pressure to safely operate the hoist. All air hoses 
supplying air shall be positively connected to prevent their becoming 
disconnected during use.
    (6) All overhead hoists in use shall meet the applicable 
requirements for construction, design, installation, testing, 
inspection, maintenance, and operation, as prescribed by the 
manufacturer.
    (b) Specific requirements. [Reserved]



Sec.  1926.555  Conveyors.

    (a) General requirements. (1) Means for stopping the motor or engine 
shall be provided at the operator's station. Conveyor systems shall be 
equipped with an audible warning signal to be sounded immediately before 
starting up the conveyor.
    (2) If the operator's station is at a remote point, similar 
provisions for stopping the motor or engine shall be provided at the 
motor or engine location.
    (3) Emergency stop switches shall be arranged so that the conveyor 
cannot be started again until the actuating stop switch has been reset 
to running or ``on'' position.
    (4) Screw conveyors shall be guarded to prevent employee contact 
with turning flights.
    (5) Where a conveyor passes over work areas, aisles, or 
thoroughfares, suitable guards shall be provided to protect employees 
required to work below the conveyors.
    (6) All crossovers, aisles, and passageways shall be conspicuously 
marked by suitable signs, as required by subpart G of this part.
    (7) Conveyors shall be locked out or otherwise rendered inoperable, 
and tagged out with a ``Do Not Operate'' tag during repairs and when 
operation is hazardous to employees performing maintenance work.
    (8) All conveyors in use shall meet the applicable requirements for 
design, construction, inspection, testing, maintenance, and operation, 
as prescribed in the ANSI B20.1-1957, Safety Code for Conveyors, 
Cableways, and Related Equipment.



  Subpart O_Motor Vehicles, Mechanized Equipment, and Marine Operations

    Authority: Section 107, Construction Work Hours and Safety Standards 
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8, 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 
9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), or 5-2007 (72 
FR 31159), as applicable. Section 1926.602 also issued under 29 CFR part 
1911.



Sec.  1926.600  Equipment.

    (a) General requirements. (1) All equipment left unattended at 
night, adjacent to a highway in normal use, or adjacent to construction 
areas where work is in progress, shall have appropriate lights or 
reflectors, or barricades equipped with appropriate lights or 
reflectors, to identify the location of the equipment.
    (2) A safety tire rack, cage, or equivalent protection shall be 
provided and used when inflating, mounting, or dismounting tires 
installed on split rims, or rims equipped with locking rings or similar 
devices.
    (3)(i) Heavy machinery, equipment, or parts thereof, which are 
suspended or held aloft by use of slings, hoists, or jacks shall be 
substantially blocked or cribbed to prevent falling or shifting

[[Page 337]]

before employees are permitted to work under or between them. Bulldozer 
and scraper blades, end-loader buckets, dump bodies, and similar 
equipment, shall be either fully lowered or blocked when being repaired 
or when not in use. All controls shall be in a neutral position, with 
the motors stopped and brakes set, unless work being performed requires 
otherwise.
    (ii) Whenever the equipment is parked, the parking brake shall be 
set. Equipment parked on inclines shall have the wheels chocked and the 
parking brake set.
    (4) The use, care and charging of all batteries shall conform to the 
requirements of subpart K of this part.
    (5) All cab glass shall be safety glass, or equivalent, that 
introduces no visible distortion affecting the safe operation of any 
machine covered by this subpart.
    (6) All equipment covered by this subpart shall comply with the 
following requirements when working or being moved in the vicinity of 
power lines or energized transmitters, except where electrical 
distribution and transmission lines have been deenergized and visibly 
grounded at point of work or where insulating barriers, not a part of or 
an attachment to the equipment or machinery, have been erected to 
prevent physical contact with the lines:
    (i) For lines rated 50 kV or below, minimum clearance between the 
lines and any part of the crane or load shall be 10 feet;
    (ii) For lines rated over 50 kV, minimum clearance between the lines 
and any part of the crane or load shall be 10 feet plus 0.4 inch for 
each 1 kV over 50 kV, or twice the length of the line insulator, but 
never less than 10 feet;
    (iii) In transit with no load and boom lowered, the equipment 
clearance shall be a minimum of 4 feet for voltages less than 50 kV, and 
10 feet for voltages over 50 kV, up to and including 345 kV, and 16 feet 
for voltages up to and including 750 kV;
    (iv) A person shall be designated to observe clearance of the 
equipment and give timely warning for all operations where it is 
difficult for the operator to maintain the desired clearance by visual 
means;
    (v) Cage-type boom guards, insulating links, or proximity warning 
devices may be used on cranes, but the use of such devices shall not 
alter the requirements of any other regulation of this part even if such 
device is required by law or regulation;
    (vi) Any overhead wire shall be considered to be an energized line 
unless and until the person owning such line or the electrical utility 
authorities indicate that it is not an energized line and it has been 
visibly grounded;
    (vii) Prior to work near transmitter towers where an electrical 
charge can be induced in the equipment or materials being handled, the 
transmitter shall be de-energized or tests shall be made to determine if 
electrical charge is induced on the crane. The following precautions 
shall be taken when necessary to dissipate induced voltages:
    (A) The equipment shall be provided with an electrical ground 
directly to the upper rotating structure supporting the boom; and
    (B) Ground jumper cables shall be attached to materials being 
handled by boom equipment when electrical charge is induced while 
working near energized transmitters. Crews shall be provided with 
nonconductive poles having large alligator clips or other similar 
protection to attach the ground cable to the load.
    (C) Combustible and flammable materials shall be removed from the 
immediate area prior to operations.
    (7) Rolling railroad cars. Derail and/or bumper blocks shall be 
provided on spur railroad tracks where a rolling car could contact other 
cars being worked, enter a building, work or traffic area.
    (b) Specific requirements. [Reserved]

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35183, June 30, 1993; 75 FR 48134, Aug. 9, 2010]



Sec.  1926.601  Motor vehicles.

    (a) Coverage. Motor vehicles as covered by this part are those 
vehicles that operate within an off-highway jobsite, not open to public 
traffic. The requirements of this section do not apply to equipment for 
which rules are prescribed in Sec.  1926.602.
    (b) General requirements. (1) All vehicles shall have a service 
brake system, an emergency brake system, and a

[[Page 338]]

parking brake system. These systems may use common components, and shall 
be maintained in operable condition.
    (2)(i) Whenever visibility conditions warrant additional light, all 
vehicles, or combinations of vehicles, in use shall be equipped with at 
least two headlights and two taillights in operable condition.
    (ii) All vehicles, or combination of vehicles, shall have brake 
lights in operable condition regardless of light conditions.
    (3) All vehicles shall be equipped with an adequate audible warning 
device at the operator's station and in an operable condition.
    (4) No employer shall use any motor vehicle equipment having an 
obstructed view to the rear unless:
    (i) The vehicle has a reverse signal alarm audible above the 
surrounding noise level or:
    (ii) The vehicle is backed up only when an observer signals that it 
is safe to do so.
    (5) All vehicles with cabs shall be equipped with windshields and 
powered wipers. Cracked and broken glass shall be replaced. Vehicles 
operating in areas or under conditions that cause fogging or frosting of 
the windshields shall be equipped with operable defogging or defrosting 
devices.
    (6) All haulage vehicles, whose pay load is loaded by means of 
cranes, power shovels, loaders, or similar equipment, shall have a cab 
shield and/or canopy adequate to protect the operator from shifting or 
falling materials.
    (7) Tools and material shall be secured to prevent movement when 
transported in the same compartment with employees.
    (8) Vehicles used to transport employees shall have seats firmly 
secured and adequate for the number of employees to be carried.
    (9) Seat belts and anchorages meeting the requirements of 49 CFR 
part 571 (Department of Transportation, Federal Motor Vehicle Safety 
Standards) shall be installed in all motor vehicles.
    (10) Trucks with dump bodies shall be equipped with positive means 
of support, permanently attached, and capable of being locked in 
position to prevent accidental lowering of the body while maintenance or 
inspection work is being done.
    (11) Operating levers controlling hoisting or dumping devices on 
haulage bodies shall be equipped with a latch or other device which will 
prevent accidental starting or tripping of the mechanism.
    (12) Trip handles for tailgates of dump trucks shall be so arranged 
that, in dumping, the operator will be in the clear.
    (13) (i) All rubber-tired motor vehicle equipment manufactured on or 
after May 1, 1972, shall be equipped with fenders. All rubber-tired 
motor vehicle equipment manufactured before May 1, 1972, shall be 
equipped with fenders not later than May 1, 1973.
    (ii) Mud flaps may be used in lieu of fenders whenever motor vehicle 
equipment is not designed for fenders.
    (14) All vehicles in use shall be checked at the beginning of each 
shift to assure that the following parts, equipment, and accessories are 
in safe operating condition and free of apparent damage that could cause 
failure while in use: service brakes, including trailer brake 
connections; parking system (hand brake); emergency stopping system 
(brakes); tires; horn; steering mechanism; coupling devices; seat belts; 
operating controls; and safety devices. All defects shall be corrected 
before the vehicle is placed in service. These requirements also apply 
to equipment such as lights, reflectors, windshield wipers, defrosters, 
fire extinguishers, etc., where such equipment is necessary.



Sec.  1926.602  Material handling equipment.

    (a) Earthmoving equipment; General. (1) These rules apply to the 
following types of earthmoving equipment: scrapers, loaders, crawler or 
wheel tractors, bulldozers, off-highway trucks, graders, agricultural 
and industrial tractors, and similar equipment. The promulgation of 
specific rules for compactors and rubber-tired ``skid-steer'' equipment 
is reserved pending consideration of standards currently being 
developed.
    (2) Seat belts. (i) Seat belts shall be provided on all equipment 
covered by

[[Page 339]]

this section and shall meet the requirements of the Society of 
Automotive Engineers, J386-1969, Seat Belts for Construction Equipment. 
Seat belts for agricultural and light industrial tractors shall meet the 
seat belt requirements of Society of Automotive Engineers J333a-1970, 
Operator Protection for Agricultural and Light Industrial Tractors.
    (ii) Seat belts need not be provided for equipment which is designed 
only for standup operation.
    (iii) Seat belts need not be provided for equipment which does not 
have roll-over protective structure (ROPS) or adequate canopy 
protection.
    (3) Access roadways and grades. (i) No employer shall move or cause 
to be moved construction equipment or vehicles upon any access roadway 
or grade unless the access roadway or grade is constructed and 
maintained to accommodate safely the movement of the equipment and 
vehicles involved.
    (ii) Every emergency access ramp and berm used by an employer shall 
be constructed to restrain and control runaway vehicles.
    (4) Brakes. All earthmoving equipment mentioned in this Sec.  
1926.602(a) shall have a service braking system capable of stopping and 
holding the equipment fully loaded, as specified in Society of 
Automotive Engineers SAE-J237, Loader Dozer-1971, J236, Graders-1971, 
and J319b, Scrapers-1971. Brake systems for self-propelled rubber-tired 
off-highway equipment manufactured after January 1, 1972 shall meet the 
applicable minimum performance criteria set forth in the following 
Society of Automotive Engineers Recommended Practices:

Self-Propelled Scrapers...................  SAE J319b-1971.
Self-Propelled Graders....................  SAE J236-1971.
Trucks and Wagons.........................  SAE J166-1971.
Front End Loaders and Dozers..............  SAE J237-1971.
 

    (5) Fenders. Pneumatic-tired earth-moving haulage equipment (trucks, 
scrapers, tractors, and trailing units) whose maximum speed exceeds 15 
miles per hour, shall be equipped with fenders on all wheels to meet the 
requirements of Society of Automotive Engineers SAE J321a-1970, Fenders 
for Pneumatic-Tired Earthmoving Haulage Equipment. An employer may, of 
course, at any time seek to show under Sec.  1926.2, that the uncovered 
wheels present no hazard to personnel from flying materials.
    (6) Rollover protective structures (ROPS). See subpart W of this 
part for requirements for rollover protective structures and overhead 
protection.
    (7) Rollover protective structures for off-highway trucks. The 
promulgation of standards for rollover protective structures for off-
highway trucks is reserved pending further study and development.
    (8) Specific effective dates--brakes and fenders. (i) Equipment 
mentioned in paragraph (a)(4) and (5) of this section, and manufactured 
after January 1, 1972, which is used by any employer after that date, 
shall comply with the applicable rules prescribed therein concerning 
brakes and fenders. Equipment mentioned in paragraphs (a) (4) and (5) of 
this section, and manufactured before January 1, 1972, which is used by 
any employer after that date, shall meet the applicable rules prescribed 
herein not later than June 30, 1973. It should be noted that, as 
permitted under Sec.  1926.2, employers may request variations from the 
applicable brakes and fender standards required by this subpart. 
Employers wishing to seek variations from the applicable brakes and 
fenders rules may submit any requests for variations after the 
publication of this document in the Federal Register. Any statements 
intending to meet the requirements of Sec.  1926.2(b)(4), should specify 
how the variation would protect the safety of the employees by providing 
for any compensating restrictions on the operation of equipment.
    (ii) Notwithstanding the provisions of paragraphs (a)(5) and 
(a)(8)(i) of this section, the requirement that fenders be installed on 
pneumatic-tired earthmoving haulage equipment, is suspended pending 
reconsideration of the requirement.
    (9) Audible alarms. (i) All bidirectional machines, such as rollers, 
compacters, front-end loaders, bulldozers, and similar equipment, shall 
be equipped with a horn, distinguishable from the surrounding noise 
level, which shall be operated as needed when the machine is moving in 
either direction. The horn shall be maintained in an operative 
condition.

[[Page 340]]

    (ii) No employer shall permit earthmoving or compacting equipment 
which has an obstructed view to the rear to be used in reverse gear 
unless the equipment has in operation a reverse signal alarm 
distinguishable from the surrounding noise level or an employee signals 
that it is safe to do so.
    (10) Scissor points. Scissor points on all front-end loaders, which 
constitute a hazard to the operator during normal operation, shall be 
guarded.
    (b) Excavating and other equipment. (1) Tractors covered in 
paragraph (a) of this section shall have seat belts as required for the 
operators when seated in the normal seating arrangement for tractor 
operation, even though back-hoes, breakers, or other similar attachments 
are used on these machines for excavating or other work.
    (2) For the purposes of this subpart and of subpart N of this part, 
the nomenclatures and descriptions for measurement of dimensions of 
machinery and attachments shall be as described in Society of Automotive 
Engineers 1970 Handbook, pages 1088 through 1103.
    (3) The safety requirements, ratios, or limitations applicable to 
machines or attachment usage covered in Power Crane and Shovel 
Associations Standards No. 1 and No. 2 of 1968, and No. 3 of 1969, shall 
be complied with, and shall apply to cranes, machines, and attachments 
under this part.
    (c) Lifting and hauling equipment (other than equipment covered 
under subpart N of this part). (1) Industrial trucks shall meet the 
requirements of Sec.  1926.600 and the following:
    (i) Lift trucks, stackers, etc., shall have the rated capacity 
clearly posted on the vehicle so as to be clearly visible to the 
operator. When auxiliary removable counterweights are provided by the 
manufacturer, corresponding alternate rated capacities also shall be 
clearly shown on the vehicle. These ratings shall not be exceeded.
    (ii) No modifications or additions which affect the capacity or safe 
operation of the equipment shall be made without the manufacturer's 
written approval. If such modifications or changes are made, the 
capacity, operation, and maintenance instruction plates, tags, or decals 
shall be changed accordingly. In no case shall the original safety 
factor of the equipment be reduced.
    (iii) If a load is lifted by two or more trucks working in unison, 
the proportion of the total load carried by any one truck shall not 
exceed its capacity.
    (iv) Steering or spinner knobs shall not be attached to the steering 
wheel unless the steering mechanism is of a type that prevents road 
reactions from causing the steering handwheel to spin. The steering knob 
shall be mounted within the periphery of the wheel.
    (v) All high lift rider industrial trucks shall be equipped with 
overhead guards which meet the configuration and structural requirements 
as defined in paragraph 421 of American National Standards Institute 
B56.1-1969, Safety Standards for Powered Industrial Trucks.
    (vi) All industrial trucks in use shall meet the applicable 
requirements of design, construction, stability, inspection, testing, 
maintenance, and operation, as defined in American National Standards 
Institute B56.1-1969, Safety Standards for Powered Industrial Trucks.
    (vii) Unauthorized personnel shall not be permitted to ride on 
powered industrial trucks. A safe place to ride shall be provided where 
riding of trucks is authorized.
    (viii) Whenever a truck is equipped with vertical only, or vertical 
and horizontal controls elevatable with the lifting carriage or forks 
for lifting personnel, the following additional precautions shall be 
taken for the protection of personnel being elevated.
    (A) Use of a safety platform firmly secured to the lifting carriage 
and/or forks.
    (B) Means shall be provided whereby personnel on the platform can 
shut off power to the truck.
    (C) Such protection from falling objects as indicated necessary by 
the operating conditions shall be provided.
    (d) Powered industrial truck operator training.

    Note: The requirements applicable to construction work under this 
paragraph are

[[Page 341]]

identical to those set forth at Sec.  1910.178(l) of this chapter.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35183, June 30, 1993; 63 FR 66274, Dec. 1, 1998]



Sec.  1926.603  Pile driving equipment.

    (a) General requirements. (1) Boilers and piping systems which are a 
part of, or used with, pile driving equipment shall meet the applicable 
requirements of the American Society of Mechanical Engineers, Power 
Boilers (section I).
    (2) All pressure vessels which are a part of, or used with, pile 
driving equipment shall meet the applicable requirements of the American 
Society of Mechanical Engineers, Pressure Vessels (section VIII).
    (3) Overhead protection, which will not obscure the vision of the 
operator and which meets the requirements of subpart N of this part, 
shall be provided. Protection shall be the equivalent of 2-inch planking 
or other solid material of equivalent strength.
    (4) Stop blocks shall be provided for the leads to prevent the 
hammer from being raised against the head block.
    (5) A blocking device, capable of safely supporting the weight of 
the hammer, shall be provided for placement in the leads under the 
hammer at all times while employees are working under the hammer.
    (6) Guards shall be provided across the top of the head block to 
prevent the cable from jumping out of the sheaves.
    (7) When the leads must be inclined in the driving of batter piles, 
provisions shall be made to stabilize the leads.
    (8) Fixed leads shall be provided with ladder, and adequate rings, 
or similar attachment points, so that the loft worker may engage his 
safety belt lanyard to the leads. If the leads are provided with loft 
platforms(s), such platform(s) shall be protected by standard 
guardrails.
    (9) Steam hose leading to a steam hammer or jet pipe shall be 
securely attached to the hammer with an adequate length of at least \1/
4\-inch diameter chain or cable to prevent whipping in the event the 
joint at the hammer is broken. Air hammer hoses shall be provided with 
the same protection as required for steam lines.
    (10) Safety chains, or equivalent means, shall be provided for each 
hose connection to prevent the line from thrashing around in case the 
coupling becomes disconnected.
    (11) Steam line controls shall consist of two shutoff valves, one of 
which shall be a quick-acting lever type within easy reach of the hammer 
operator.
    (12) Guys, outriggers, thrustouts, or counterbalances shall be 
provided as necessary to maintain stability of pile driver rigs.
    (b) Pile driving from barges and floats. Barges or floats supporting 
pile driving operations shall meet the applicable requirements of Sec.  
1926.605.
    (c) Pile driving equipment. (1) Engineers and winchmen shall accept 
signals only from the designated signalmen.
    (2) All employees shall be kept clear when piling is being hoisted 
into the leads.
    (3) When piles are being driven in an excavated pit, the walls of 
the pit shall be sloped to the angle of repose or sheet-piled and 
braced.
    (4) When steel tube piles are being ``blown out'', employees shall 
be kept well beyond the range of falling materials.
    (5) When it is necessary to cut off the tops of driven piles, pile 
driving operations shall be suspended except where the cutting 
operations are located at least twice the length of the longest pile 
from the driver.
    (6) When driving jacked piles, all access pits shall be provided 
with ladders and bulkheaded curbs to prevent material from falling into 
the pit.



Sec.  1926.604  Site clearing.

    (a) General requirements. (1) Employees engaged in site clearing 
shall be protected from hazards of irritant and toxic plants and 
suitably instructed in the first aid treatment available.
    (2) All equipment used in site clearing operations shall be equipped 
with rollover guards meeting the requirements of this subpart. In 
addition, rider-operated equipment shall be equipped with an overhead 
and rear canopy guard meeting the following requirements:

[[Page 342]]

    (i) The overhead covering on this canopy structure shall be of not 
less than \1/8\-inch steel plate or \1/4\-inch woven wire mesh with 
openings no greater than 1 inch, or equivalent.
    (ii) The opening in the rear of the canopy structure shall be 
covered with not less than \1/4\-inch woven wire mesh with openings no 
greater than 1 inch.
    (b) Specific requirements. [Reserved]



Sec.  1926.605  Marine operations and equipment.

    (a) Material handling operations. (1) Operations fitting the 
definition of ``material handling'' shall be performed in conformance 
with applicable requirements of part 1918, ``Safety and Health 
Regulations for Longshoring'' of this chapter. The term ``longshoring 
operations'' means the loading, unloading, moving, or handling of 
construction materials, equipment and supplies, etc. into, in, on, or 
out of any vessel from a fixed structure or shore-to-vessel, vessel-to-
shore or fixed structure or vessel-to-vessel.
    (b) Access to barges. (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 (b)(1) of this section, or a safe walkway, shall be provided.
    (3) Jacob's ladders shall be of the double rung or flat tread type. 
They shall be well maintained and properly secured.
    (4) A Jacob's ladder shall either hang without slack from its 
lashings or be pulled up entirely.
    (5) When the upper end of the means of access rests on or is flush 
with the top of the bulwark, substantial steps properly secured and 
equipped with at least one substantial hand rail approximately 33 inches 
in height, shall be provided between the top of the bulwark and the 
deck.
    (6) Obstructions shall not be laid on or across the gangway.
    (7) The means of access shall be adequately illuminated for its full 
length.
    (8) Unless the structure makes it impossible, the means of access 
shall be so located that the load will not pass over employees.
    (c) Working surfaces of barges. (1) Employees shall not be permitted 
to walk along the sides of covered lighters or barges with coamings more 
than 5 feet high, unless there is a 3-foot clear walkway, or a grab 
rail, or a taut handline is provided.
    (2) Decks and other working surfaces shall be maintained in a safe 
condition.
    (3) Employees shall not be permitted to pass fore and aft, over, or 
around deckloads, unless there is a safe passage.
    (4) Employees shall not be permitted to walk over deckloads from 
rail to coaming unless there is a safe passage. If it is necessary to 
stand at the outboard or inboard edge of the deckload where less than 24 
inches of bulwark, rail, coaming, or other protection exists, all 
employees shall be provided with a suitable means of protection against 
falling from the deckload.
    (d) First-aid and lifesaving equipment. (1) Provisions for rendering 
first aid and medical assistance shall be in accordance with subpart D 
of this part.
    (2) The employer shall ensure that there is in the vicinity of each 
barge in use at least one U.S. Coast Guard-approved 30-inch lifering 
with not less than 90 feet of line attached, and at least one portable 
or permanent ladder which will reach the top of the apron to the surface 
of the water. If the above equipment is not available at the pier, the 
employer shall furnish it during the time that he is working the barge.
    (3) Employees walking or working on the unguarded decks of barges 
shall be protected with U.S. Coast Guard-approved work vests or buoyant 
vests.
    (e) Commercial diving operations. Commercial diving operations shall 
be subject to subpart T of part 1910, Sec. Sec.  1910.401-1910.441, of 
this chapter.

[39 FR 22801, June 24, 1974, as amended at 42 FR 37674, July 22, 1977]



Sec.  1926.606  Definitions applicable to this subpart.

    (a) Apron--The area along the waterfront edge of the pier or wharf.
    (b) Bulwark--The side of a ship above the upper deck.

[[Page 343]]

    (c) Coaming--The raised frame, as around a hatchway in the deck, to 
keep out water.
    (d) Jacob's ladder--A marine ladder of rope or chain with wooden or 
metal rungs.
    (e) Rail, for the purpose of Sec.  1926.605, means a light structure 
serving as a guard at the outer edge of a ship's deck.



                          Subpart P_Excavations

    Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, and 657; Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

    Source: 54 FR 45959, Oct. 31, 1989, unless otherwise noted.



Sec.  1926.650  Scope, application, and definitions applicable to this subpart.

    (a) Scope and application. This subpart applies to all open 
excavations made in the earth's surface. Excavations are defined to 
include trenches.
    (b) Definitions applicable to this subpart.
    Accepted engineering practices means those requirements which are 
compatible with standards of practice required by a registered 
professional engineer.
    Aluminum Hydraulic Shoring means a pre-engineered shoring system 
comprised of aluminum hydraulic cylinders (crossbraces) used in 
conjunction with vertical rails (uprights) or horizontal rails (walers). 
Such system is designed, specifically to support the sidewalls of an 
excavation and prevent cave-ins.
    Bell-bottom pier hole means a type of shaft or footing excavation, 
the bottom of which is made larger than the cross section above to form 
a belled shape.
    Benching (Benching system) means a method of protecting employees 
from cave-ins by excavating the sides of an excavation to form one or a 
series of horizontal levels or steps, usually with vertical or near-
vertical surfaces between levels.
    Cave-in means the separation of a mass of soil or rock material from 
the side of an excavation, or the loss of soil from under a trench 
shield or support system, and its sudden movement into the excavation, 
either by falling or sliding, in sufficient quantity so that it could 
entrap, bury, or otherwise injure and immobilize a person.
    Competent person means one who is capable of identifying existing 
and predictable hazards in the surroundings, or working conditions which 
are unsanitary, hazardous, or dangerous to employees, and who has 
authorization to take prompt corrective measures to eliminate them.
    Cross braces mean the horizontal members of a shoring system 
installed perpendicular to the sides of the excavation, the ends of 
which bear against either uprights or wales.
    Excavation means any man-made cut, cavity, trench, or depression in 
an earth surface, formed by earth removal.
    Faces or sides means the vertical or inclined earth surfaces formed 
as a result of excavation work.
    Failure means the breakage, displacement, or permanent deformation 
of a structural member or connection so as to reduce its structural 
integrity and its supportive capabilities.
    Hazardous atmosphere means an atmosphere which by reason of being 
explosive, flammable, poisonous, corrosive, oxidizing, irritating, 
oxygen deficient, toxic, or otherwise harmful, may cause death, illness, 
or injury.
    Kickout means the accidental release or failure of a cross brace.
    Protective system means a method of protecting employees from cave-
ins, from material that could fall or roll from an excavation face or 
into an excavation, or from the collapse of adjacent structures. 
Protective systems include support systems, sloping and benching 
systems, shield systems, and other systems that provide the necessary 
protection.
    Ramp means an inclined walking or working surface that is used to 
gain access to one point from another, and is constructed from earth or 
from structural materials such as steel or wood.
    Registered Professional Engineer means a person who is registered as 
a professional engineer in the state where the work is to be performed. 
However, a professional engineer, registered in any state is deemed to 
be a ``registered professional engineer'' within the meaning of this 
standard when approving designs for ``manufactured protective

[[Page 344]]

systems'' or ``tabulated data'' to be used in interstate commerce.
    Sheeting means the members of a shoring system that retain the earth 
in position and in turn are supported by other members of the shoring 
system.
    Shield (Shield system) means a structure that is able to withstand 
the forces imposed on it by a cave-in and thereby protect employees 
within the structure. Shields can be permanent structures or can be 
designed to be portable and moved along as work progresses. 
Additionally, shields can be either premanufactured or job-built in 
accordance with Sec.  1926.652 (c)(3) or (c)(4). Shields used in 
trenches are usually referred to as ``trench boxes'' or ``trench 
shields.''
    Shoring (Shoring system) means a structure such as a metal 
hydraulic, mechanical or timber shoring system that supports the sides 
of an excavation and which is designed to prevent cave-ins.
    Sides. See ``Faces.''
    Sloping (Sloping system) means a method of protecting employees from 
cave-ins by excavating to form sides of an excavation that are inclined 
away from the excavation so as to prevent cave-ins. The angle of incline 
required to prevent a cave-in varies with differences in such factors as 
the soil type, environmental conditions of exposure, and application of 
surcharge loads.
    Stable rock means natural solid mineral material that can be 
excavated with vertical sides and will remain intact while exposed. 
Unstable rock is considered to be stable when the rock material on the 
side or sides of the excavation is secured against caving-in or movement 
by rock bolts or by another protective system that has been designed by 
a registered professional engineer.
    Structural ramp means a ramp built of steel or wood, usually used 
for vehicle access. Ramps made of soil or rock are not considered 
structural ramps.
    Support system means a structure such as underpinning, bracing, or 
shoring, which provides support to an adjacent structure, underground 
installation, or the sides of an excavation.
    Tabulated data means tables and charts approved by a registered 
professional engineer and used to design and construct a protective 
system.
    Trench (Trench excavation) means a narrow excavation (in relation to 
its length) made below the surface of the ground. In general, the depth 
is greater than the width, but the width of a trench (measured at the 
bottom) is not greater than 15 feet (4.6 m). If forms or other 
structures are installed or constructed in an excavation so as to reduce 
the dimension measured from the forms or structure to the side of the 
excavation to 15 feet (4.6 m) or less (measured at the bottom of the 
excavation), the excavation is also considered to be a trench.
    Trench box. See ``Shield.''
    Trench shield. See ``Shield.''
    Uprights means the vertical members of a trench shoring system 
placed in contact with the earth and usually positioned so that 
individual members do not contact each other. Uprights placed so that 
individual members are closely spaced, in contact with or interconnected 
to each other, are often called ``sheeting.''
    Wales means horizontal members of a shoring system placed parallel 
to the excavation face whose sides bear against the vertical members of 
the shoring system or earth.



Sec.  1926.651  Specific excavation requirements.

    (a) Surface encumbrances. All surface encumbrances that are located 
so as to create a hazard to employees shall be removed or supported, as 
necessary, to safeguard employees.
    (b) Underground installations. (1) The estimated location of utility 
installations, such as sewer, telephone, fuel, electric, water lines, or 
any other underground installations that reasonably may be expected to 
be encountered during excavation work, shall be determined prior to 
opening an excavation.
    (2) Utility companies or owners shall be contacted within 
established or customary local response times, advised of the proposed 
work, and asked to establish the location of the utility underground 
installations prior to the start of actual excavation. When utility 
companies or owners cannot respond to a request to locate underground 
utility

[[Page 345]]

installations within 24 hours (unless a longer period is required by 
state or local law), or cannot establish the exact location of these 
installations, the employer may proceed, provided the employer does so 
with caution, and provided detection equipment or other acceptable means 
to locate utility installations are used.
    (3) When excavation operations approach the estimated location of 
underground installations, the exact location of the installations shall 
be determined by safe and acceptable means.
    (4) While the excavation is open, underground installations shall be 
protected, supported or removed as necessary to safeguard employees.
    (c) Access and egress--(1) Structural ramps. (i) Structural ramps 
that are used solely by employees as a means of access or egress from 
excavations shall be designed by a competent person. Structural ramps 
used for access or egress of equipment shall be designed by a competent 
person qualified in structural design, and shall be constructed in 
accordance with the design.
    (ii) Ramps and runways constructed of two or more structural members 
shall have the structural members connected together to prevent 
displacement.
    (iii) Structural members used for ramps and runways shall be of 
uniform thickness.
    (iv) Cleats or other appropriate means used to connect runway 
structural members shall be attached to the bottom of the runway or 
shall be attached in a manner to prevent tripping.
    (v) Structural ramps used in lieu of steps shall be provided with 
cleats or other surface treatments on the top surface to prevent 
slipping.
    (2) Means of egress from trench excavations. A stairway, ladder, 
ramp or other safe means of egress shall be located in trench 
excavations that are 4 feet (1.22 m) or more in depth so as to require 
no more than 25 feet (7.62 m) of lateral travel for employees.
    (d) Exposure to vehicular traffic. Employees exposed to public 
vehicular traffic shall be provided with, and shall wear, warning vests 
or other suitable garments marked with or made of reflectorized or high-
visibility material.
    (e) Exposure to falling loads. No employee shall be permitted 
underneath loads handled by lifting or digging equipment. Employees 
shall be required to stand away from any vehicle being loaded or 
unloaded to avoid being struck by any spillage or falling materials. 
Operators may remain in the cabs of vehicles being loaded or unloaded 
when the vehicles are equipped, in accordance with Sec.  1926.601(b)(6), 
to provide adequate protection for the operator during loading and 
unloading operations.
    (f) Warning system for mobile equipment. When mobile equipment is 
operated adjacent to an excavation, or when such equipment is required 
to approach the edge of an excavation, and the operator does not have a 
clear and direct view of the edge of the excavation, a warning system 
shall be utilized such as barricades, hand or mechanical signals, or 
stop logs. If possible, the grade should be away from the excavation.
    (g) Hazardous atmospheres--(1) Testing and controls. In addition to 
the requirements set forth in subparts D and E of this part (29 CFR 
1926.50-1926.107) to prevent exposure to harmful levels of atmospheric 
contaminants and to assure acceptable atmospheric conditions, the 
following requirements shall apply:
    (i) Where oxygen deficiency (atmospheres containing less than 19.5 
percent oxygen) or a hazardous atmosphere exists or could reasonably be 
expected to exist, such as in excavations in landfill areas or 
excavations in areas where hazardous substances are stored nearby, the 
atmospheres in the excavation shall be tested before employees enter 
excavations greater than 4 feet (1.22 m) in depth.
    (ii) Adequate precautions shall be taken to prevent employee 
exposure to atmospheres containing less than 19.5 percent oxygen and 
other hazardous atmospheres. These precautions include providing proper 
respiratory protection or ventilation in accordance with subparts D and 
E of this part respectively.
    (iii) Adequate precaution shall be taken such as providing 
ventilation, to prevent employee exposure to an atmosphere containing a 
concentration

[[Page 346]]

of a flammable gas in excess of 20 percent of the lower flammable limit 
of the gas.
    (iv) When controls are used that are intended to reduce the level of 
atmospheric contaminants to acceptable levels, testing shall be 
conducted as often as necessary to ensure that the atmosphere remains 
safe.
    (2) Emergency rescue equipment. (i) Emergency rescue equipment, such 
as breathing apparatus, a safety harness and line, or a basket 
stretcher, shall be readily available where hazardous atmospheric 
conditions exist or may reasonably be expected to develop during work in 
an excavation. This equipment shall be attended when in use.
    (ii) Employees entering bell-bottom pier holes, or other similar 
deep and confined footing excavations, shall wear a harness with a life-
line securely attached to it. The lifeline shall be separate from any 
line used to handle materials, and shall be individually attended at all 
times while the employee wearing the lifeline is in the excavation.
    (h) Protection from hazards associated with water accumulation. (1) 
Employees shall not work in excavations in which there is accumulated 
water, or in excavations in which water is accumulating, unless adequate 
precautions have been taken to protect employees against the hazards 
posed by water accumulation. The precautions necessary to protect 
employees adequately vary with each situation, but could include special 
support or shield systems to protect from cave-ins, water removal to 
control the level of accumulating water, or use of a safety harness and 
lifeline.
    (2) If water is controlled or prevented from accumulating by the use 
of water removal equipment, the water removal equipment and operations 
shall be monitored by a competent person to ensure proper operation.
    (3) If excavation work interrupts the natural drainage of surface 
water (such as streams), diversion ditches, dikes, or other suitable 
means shall be used to prevent surface water from entering the 
excavation and to provide adequate drainage of the area adjacent to the 
excavation. Excavations subject to runoff from heavy rains will require 
an inspection by a competent person and compliance with paragraphs 
(h)(1) and (h)(2) of this section.
    (i) Stability of adjacent structures. (1) Where the stability of 
adjoining buildings, walls, or other structures is endangered by 
excavation operations, support systems such as shoring, bracing, or 
underpinning shall be provided to ensure the stability of such 
structures for the protection of employees.
    (2) Excavation below the level of the base or footing of any 
foundation or retaining wall that could be reasonably expected to pose a 
hazard to employees shall not be permitted except when:
    (i) A support system, such as underpinning, is provided to ensure 
the safety of employees and the stability of the structure; or
    (ii) The excavation is in stable rock; or
    (iii) A registered professional engineer has approved the 
determination that the structure is sufficently removed from the 
excavation so as to be unaffected by the excavation activity; or
    (iv) A registered professional engineer has approved the 
determination that such excavation work will not pose a hazard to 
employees.
    (3) Sidewalks, pavements, and appurtenant structure shall not be 
undermined unless a support system or another method of protection is 
provided to protect employees from the possible collapse of such 
structures.
    (j) Protection of employees from loose rock or soil. (1) Adequate 
protection shall be provided to protect employees from loose rock or 
soil that could pose a hazard by falling or rolling from an excavation 
face. Such protection shall consist of scaling to remove loose material; 
installation of protective barricades at intervals as necessary on the 
face to stop and contain falling material; or other means that provide 
equivalent protection.
    (2) Employees shall be protected from excavated or other materials 
or equipment that could pose a hazard by falling or rolling into 
excavations. Protection shall be provided by placing and keeping such 
materials or equipment at least 2 feet (.61 m) from the edge of 
excavations, or by the use of retaining devices that are sufficient to 
prevent

[[Page 347]]

materials or equipment from falling or rolling into excavations, or by a 
combination of both if necessary.
    (k) Inspections. (1) Daily inspections of excavations, the adjacent 
areas, and protective systems shall be made by a competent person for 
evidence of a situation that could result in possible cave-ins, 
indications of failure of protective systems, hazardous atmospheres, or 
other hazardous conditions. An inspection shall be conducted by the 
competent person prior to the start of work and as needed throughout the 
shift. Inspections shall also be made after every rainstorm or other 
hazard increasing occurrence. These inspections are only required when 
employee exposure can be reasonably anticipated.
    (2) Where the competent person finds evidence of a situation that 
could result in a possible cave-in, indications of failure of protective 
systems, hazardous atmospheres, or other hazardous conditions, exposed 
employees shall be removed from the hazardous area until the necessary 
precautions have been taken to ensure their safety.
    (l) Walkways shall be provided where employees or equipment are 
required or permitted to cross over excavations. Guardrails which comply 
with Sec.  1926.502(b) shall be provided where walkways are 6 feet (1.8 
m) or more above lower levels.

[54 FR 45959, Oct. 31, 1989, as amended at 59 FR 40730, Aug. 9, 1994]



Sec.  1926.652  Requirements for protective systems.

    (a) Protection of employees in excavations. (1) Each employee in an 
excavation shall be protected from cave-ins by an adequate protective 
system designed in accordance with paragraph (b) or (c) of this section 
except when:
    (i) Excavations are made entirely in stable rock; or
    (ii) Excavations are less than 5 feet (1.52m) in depth and 
examination of the ground by a competent person provides no indication 
of a potential cave-in.
    (2) Protective systems shall have the capacity to resist without 
failure all loads that are intended or could reasonably be expected to 
be applied or transmitted to the system.
    (b) Design of sloping and benching systems. The slopes and 
configurations of sloping and benching systems shall be selected and 
constructed by the employer or his designee and shall be in accordance 
with the requirements of paragraph (b)(1); or, in the alternative, 
paragraph (b)(2); or, in the alternative, paragraph (b)(3), or, in the 
alternative, paragraph (b)(4), as follows:
    (1) Option (1)--Allowable configurations and slopes. (i) Excavations 
shall be sloped at an angle not steeper than one and one-half horizontal 
to one vertical (34 degrees measured from the horizontal), unless the 
employer uses one of the other options listed below.
    (ii) Slopes specified in paragraph (b)(1)(i) of this section, shall 
be excavated to form configurations that are in accordance with the 
slopes shown for Type C soil in appendix B to this subpart.
    (2) Option (2)--Determination of slopes and configurations using 
Appendices A and B. Maximum allowable slopes, and allowable 
configurations for sloping and benching systems, shall be determined in 
accordance with the conditions and requirements set forth in appendices 
A and B to this subpart.
    (3) Option (3)--Designs using other tabulated data. (i) Designs of 
sloping or benching systems shall be selected from and be in accordance 
with tabulated data, such as tables and charts.
    (ii) The tabulated data shall be in written form and shall include 
all of the following:
    (A) Identification of the parameters that affect the selection of a 
sloping or benching system drawn from such data;
    (B) Identification of the limits of use of the data, to include the 
magnitude and configuration of slopes determined to be safe;
    (C) Explanatory information as may be necessary to aid the user in 
making a correct selection of a protective system from the data.
    (iii) At least one copy of the tabulated data which identifies the 
registered professional engineer who approved the data, shall be 
maintained at the jobsite during construction of the protective system. 
After that time the data may be stored off the jobsite, but a copy of 
the data shall be made available to the Secretary upon request.

[[Page 348]]

    (4) Option (4)--Design by a registered professional engineer. (i) 
Sloping and benching systems not utilizing Option (1) or Option (2) or 
Option (3) under paragraph (b) of this section shall be approved by a 
registered professional engineer.
    (ii) Designs shall be in written form and shall include at least the 
following:
    (A) The magnitude of the slopes that were determined to be safe for 
the particular project;
    (B) The configurations that were determined to be safe for the 
particular project; and
    (C) The identity of the registered professional engineer approving 
the design.
    (iii) At least one copy of the design shall be maintained at the 
jobsite while the slope is being constructed. After that time the design 
need not be at the jobsite, but a copy shall be made available to the 
Secretary upon request.
    (c) Design of support systems, shield systems, and other protective 
systems. Designs of support systems shield systems, and other protective 
systems shall be selected and constructed by the employer or his 
designee and shall be in accordance with the requirements of paragraph 
(c)(1); or, in the alternative, paragraph (c)(2); or, in the 
alternative, paragraph (c)(3); or, in the alternative, paragraph (c)(4) 
as follows:
    (1) Option (1)--Designs using appendices A, C and D. Designs for 
timber shoring in trenches shall be determined in accordance with the 
conditions and requirements set forth in appendices A and C to this 
subpart. Designs for aluminum hydraulic shoring shall be in accordance 
with paragraph (c)(2) of this section, but if manufacturer's tabulated 
data cannot be utilized, designs shall be in accordance with appendix D.
    (2) Option (2)--Designs Using Manufacturer's Tabulated Data. (i) 
Design of support systems, shield systems, or other protective systems 
that are drawn from manufacturer's tabulated data shall be in accordance 
with all specifications, recommendations, and limitations issued or made 
by the manufacturer.
    (ii) Deviation from the specifications, recommendations, and 
limitations issued or made by the manufacturer shall only be allowed 
after the manufacturer issues specific written approval.
    (iii) Manufacturer's specifications, recommendations, and 
limitations, and manufacturer's approval to deviate from the 
specifications, recommendations, and limitations shall be in written 
form at the jobsite during construction of the protective system. After 
that time this data may be stored off the jobsite, but a copy shall be 
made available to the Secretary upon request.
    (3) Option (3)--Designs using other tabulated data. (i) Designs of 
support systems, shield systems, or other protective systems shall be 
selected from and be in accordance with tabulated data, such as tables 
and charts.
    (ii) The tabulated data shall be in written form and include all of 
the following:
    (A) Identification of the parameters that affect the selection of a 
protective system drawn from such data;
    (B) Identification of the limits of use of the data;
    (C) Explanatory information as may be necessary to aid the user in 
making a correct selection of a protective system from the data.
    (iii) At least one copy of the tabulated data, which identifies the 
registered professional engineer who approved the data, shall be 
maintained at the jobsite during construction of the protective system. 
After that time the data may be stored off the jobsite, but a copy of 
the data shall be made available to the Secretary upon request.
    (4) Option (4)--Design by a registered professional engineer. (i) 
Support systems, shield systems, and other protective systems not 
utilizing Option 1, Option 2 or Option 3, above, shall be approved by a 
registered professional engineer.
    (ii) Designs shall be in written form and shall include the 
following:
    (A) A plan indicating the sizes, types, and configurations of the 
materials to be used in the protective system; and
    (B) The identity of the registered professional engineer approving 
the design.

[[Page 349]]

    (iii) At least one copy of the design shall be maintained at the 
jobsite during construction of the protective system. After that time, 
the design may be stored off the jobsite, but a copy of the design shall 
be made available to the Secretary upon request.
    (d) Materials and equipment. (1) Materials and equipment used for 
protective systems shall be free from damage or defects that might 
impair their proper function.
    (2) Manufactured materials and equipment used for protective systems 
shall be used and maintained in a manner that is consistent with the 
recommendations of the manufacturer, and in a manner that will prevent 
employee exposure to hazards.
    (3) When material or equipment that is used for protective systems 
is damaged, a competent person shall examine the material or equipment 
and evaluate its suitability for continued use. If the competent person 
cannot assure the material or equipment is able to support the intended 
loads or is otherwise suitable for safe use, then such material or 
equipment shall be removed from service, and shall be evaluated and 
approved by a registered professional engineer before being returned to 
service.
    (e) Installation and removal of support--(1) General. (i) Members of 
support systems shall be securely connected together to prevent sliding, 
falling, kickouts, or other predictable failure.
    (ii) Support systems shall be installed and removed in a manner that 
protects employees from cave-ins, structural collapses, or from being 
struck by members of the support system.
    (iii) Individual members of support systems shall not be subjected 
to loads exceeding those which those members were designed to withstand.
    (iv) Before temporary removal of individual members begins, 
additional precautions shall be taken to ensure the safety of employees, 
such as installing other structural members to carry the loads imposed 
on the support system.
    (v) Removal shall begin at, and progress from, the bottom of the 
excavation. Members shall be released slowly so as to note any 
indication of possible failure of the remaining members of the structure 
or possible cave-in of the sides of the excavation.
    (vi) Backfilling shall progress together with the removal of support 
systems from excavations.
    (2) Additional requirements for support systems for trench 
excavations. (i) Excavation of material to a level no greater than 2 
feet (.61 m) below the bottom of the members of a support system shall 
be permitted, but only if the system is designed to resist the forces 
calculated for the full depth of the trench, and there are no 
indications while the trench is open of a possible loss of soil from 
behind or below the bottom of the support system.
    (ii) Installation of a support system shall be closely coordinated 
with the excavation of trenches.
    (f) Sloping and benching systems. Employees shall not be permitted 
to work on the faces of sloped or benched excavations at levels above 
other employees except when employees at the lower levels are adequately 
protected from the hazard of falling, rolling, or sliding material or 
equipment.
    (g) Shield systems--(1) General. (i) Shield systems shall not be 
subjected to loads exceeding those which the system was designed to 
withstand.
    (ii) Shields shall be installed in a manner to restrict lateral or 
other hazardous movement of the shield in the event of the application 
of sudden lateral loads.
    (iii) Employees shall be protected from the hazard of cave-ins when 
entering or exiting the areas protected by shields.
    (iv) Employees shall not be allowed in shields when shields are 
being installed, removed, or moved vertically.
    (2) Additional requirement for shield systems used in trench 
excavations. Excavations of earth material to a level not greater than 2 
feet (.61 m) below the bottom of a shield shall be permitted, but only 
if the shield is designed to resist the forces calculated for the full 
depth of the trench, and there are no indications while the trench is 
open of a possible loss of soil from behind or below the bottom of the 
shield.

[[Page 350]]



     Sec. Appendix A to Subpart P of Part 1926--Soil Classification

    (a) Scope and application--(1) Scope. This appendix describes a 
method of classifying soil and rock deposits based on site and 
environmental conditions, and on the structure and composition of the 
earth deposits. The appendix contains definitions, sets forth 
requirements, and describes acceptable visual and manual tests for use 
in classifying soils.
    (2) Application. This appendix applies when a sloping or benching 
system is designed in accordance with the requirements set forth in 
Sec.  1926.652(b)(2) as a method of protection for employees from cave-
ins. This appendix also applies when timber shoring for excavations is 
designed as a method of protection from cave-ins in accordance with 
appendix C to subpart P of part 1926, and when aluminum hydraulic 
shoring is designed in accordance with appendix D. This appendix also 
applies if other protective systems are designed and selected for use 
from data prepared in accordance with the requirements set forth in 
Sec.  1926.652(c), and the use of the data is predicated on the use of 
the soil classification system set forth in this appendix.
    (b) Definitions. The definitions and examples given below are based 
on, in whole or in part, the following: American Society for Testing 
Materials (ASTM) Standards D653-85 and D2488; The Unified Soils 
Classification System, the U.S. Department of Agriculture (USDA) 
Textural Classification Scheme; and The National Bureau of Standards 
Report BSS-121.
    Cemented soil means a soil in which the particles are held together 
by a chemical agent, such as calcium carbonate, such that a hand-size 
sample cannot be crushed into powder or individual soil particles by 
finger pressure.
    Cohesive soil means clay (fine grained soil), or soil with a high 
clay content, which has cohesive strength. Cohesive soil does not 
crumble, can be excavated with vertical sideslopes, and is plastic when 
moist. Cohesive soil is hard to break up when dry, and exhibits 
significant cohesion when submerged. Cohesive soils include clayey silt, 
sandy clay, silty clay, clay and organic clay.
    Dry soil means soil that does not exhibit visible signs of moisture 
content.
    Fissured means a soil material that has a tendency to break along 
definite planes of fracture with little resistance, or a material that 
exhibits open cracks, such as tension cracks, in an exposed surface.
    Granular soil means gravel, sand, or silt, (coarse grained soil) 
with little or no clay content. Granular soil has no cohesive strength. 
Some moist granular soils exhibit apparent cohesion. Granular soil 
cannot be molded when moist and crumbles easily when dry.
    Layered system means two or more distinctly different soil or rock 
types arranged in layers. Micaceous seams or weakened planes in rock or 
shale are considered layered.
    Moist soil means a condition in which a soil looks and feels damp. 
Moist cohesive soil can easily be shaped into a ball and rolled into 
small diameter threads before crumbling. Moist granular soil that 
contains some cohesive material will exhibit signs of cohesion between 
particles.
    Plastic means a property of a soil which allows the soil to be 
deformed or molded without cracking, or appreciable volume change.
    Saturated soil means a soil in which the voids are filled with 
water. Saturation does not require flow. Saturation, or near saturation, 
is necessary for the proper use of instruments such as a pocket 
penetrometer or sheer vane.
    Soil classification system means, for the purpose of this subpart, a 
method of categorizing soil and rock deposits in a hierarchy of Stable 
Rock, Type A, Type B, and Type C, in decreasing order of stability. The 
categories are determined based on an analysis of the properties and 
performance characteristics of the deposits and the environmental 
conditions of exposure.
    Stable rock means natural solid mineral matter that can be excavated 
with vertical sides and remain intact while exposed.
    Submerged soil means soil which is underwater or is free seeping.
    Type A means cohesive soils with an unconfined compressive strength 
of 1.5 ton per square foot (tsf) (144 kPa) or greater. Examples of 
cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some 
cases, silty clay loam and sandy clay loam. Cemented soils such as 
caliche and hardpan are also considered Type A. However, no soil is Type 
A if:
    (i) The soil is fissured; or
    (ii) The soil is subject to vibration from heavy traffic, pile 
driving, or similar effects; or
    (iii) The soil has been previously disturbed; or
    (iv) The soil is part of a sloped, layered system where the layers 
dip into the excavation on a slope of four horizontal to one vertical 
(4H:1V) or greater; or
    (v) The material is subject to other factors that would require it 
to be classified as a less stable material.
    Type B means:
    (i) Cohesive soil with an unconfined compressive strength greater 
than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or
    (ii) Granular cohesionless soils including: angular gravel (similar 
to crushed rock), silt, silt loam, sandy loam and, in some cases, silty 
clay loam and sandy clay loam.
    (iii) Previously disturbed soils except those which would otherwise 
be classified as Type C soil.

[[Page 351]]

    (iv) Soil that meets the unconfined compressive strength or 
cementation requirements for Type A, but is fissured or subject to 
vibration; or
    (v) Dry rock that is not stable; or
    (vi) Material that is part of a sloped, layered system where the 
layers dip into the excavation on a slope less steep than four 
horizontal to one vertical (4H:1V), but only if the material would 
otherwise be classified as Type B.
    Type C means:
    (i) Cohesive soil with an unconfined compressive strength of 0.5 tsf 
(48 kPa) or less; or
    (ii) Granular soils including gravel, sand, and loamy sand; or
    (iii) Submerged soil or soil from which water is freely seeping; or
    (iv) Submerged rock that is not stable; or
    (v) Material in a sloped, layered system where the layers dip into 
the excavation on a slope of four horizontal to one vertical (4H:1V) or 
steeper.
    Unconfined compressive strength means the load per unit area at 
which a soil will fail in compression. It can be determined by 
laboratory testing, or estimated in the field using a pocket 
penetrometer, by thumb penetration tests, and other methods.
    Wet soil means soil that contains significantly more moisture than 
moist soil, but in such a range of values that cohesive material will 
slump or begin to flow when vibrated. Granular material that would 
exhibit cohesive properties when moist will lose those cohesive 
properties when wet.
    (c) Requirements--(1) Classification of soil and rock deposits. Each 
soil and rock deposit shall be classified by a competent person as 
Stable Rock, Type A, Type B, or Type C in accordance with the 
definitions set forth in paragraph (b) of this appendix.
    (2) Basis of classification. The classification of the deposits 
shall be made based on the results of at least one visual and at least 
one manual analysis. Such analyses shall be conducted by a competent 
person using tests described in paragraph (d) below, or in other 
recognized methods of soil classification and testing such as those 
adopted by the America Society for Testing Materials, or the U.S. 
Department of Agriculture textural classification system.
    (3) Visual and manual analyses. The visual and manual analyses, such 
as those noted as being acceptable in paragraph (d) of this appendix, 
shall be designed and conducted to provide sufficient quantitative and 
qualitative information as may be necessary to identify properly the 
properties, factors, and conditions affecting the classification of the 
deposits.
    (4) Layered systems. In a layered system, the system shall be 
classified in accordance with its weakest layer. However, each layer may 
be classified individually where a more stable layer lies under a less 
stable layer.
    (5) Reclassification. If, after classifying a deposit, the 
properties, factors, or conditions affecting its classification change 
in any way, the changes shall be evaluated by a competent person. The 
deposit shall be reclassified as necessary to reflect the changed 
circumstances.
    (d) Acceptable visual and manual tests--(1) Visual tests. Visual 
analysis is conducted to determine qualitative information regarding the 
excavation site in general, the soil adjacent to the excavation, the 
soil forming the sides of the open excavation, and the soil taken as 
samples from excavated material.
    (i) Observe samples of soil that are excavated and soil in the sides 
of the excavation. Estimate the range of particle sizes and the relative 
amounts of the particle sizes. Soil that is primarily composed of fine-
grained material is cohesive material. Soil composed primarily of 
coarse-grained sand or gravel is granular material.
    (ii) Observe soil as it is excavated. Soil that remains in clumps 
when excavated is cohesive. Soil that breaks up easily and does not stay 
in clumps is granular.
    (iii) Observe the side of the opened excavation and the surface area 
adjacent to the excavation. Crack-like openings such as tension cracks 
could indicate fissured material. If chunks of soil spall off a vertical 
side, the soil could be fissured. Small spalls are evidence of moving 
ground and are indications of potentially hazardous situations.
    (iv) Observe the area adjacent to the excavation and the excavation 
itself for evidence of existing utility and other underground 
structures, and to identify previously disturbed soil.
    (v) Observe the opened side of the excavation to identify layered 
systems. Examine layered systems to identify if the layers slope toward 
the excavation. Estimate the degree of slope of the layers.
    (vi) Observe the area adjacent to the excavation and the sides of 
the opened excavation for evidence of surface water, water seeping from 
the sides of the excavation, or the location of the level of the water 
table.
    (vii) Observe the area adjacent to the excavation and the area 
within the excavation for sources of vibration that may affect the 
stability of the excavation face.
    (2) Manual tests. Manual analysis of soil samples is conducted to 
determine quantitative as well as qualitative properties of soil and to 
provide more information in order to classify soil properly.
    (i) Plasticity. Mold a moist or wet sample of soil into a ball and 
attempt to roll it into threads as thin as \1/8\-inch in diameter. 
Cohesive material can be successfully rolled into threads without 
crumbling. For example, if at least a two inch (50 mm) length of \1/8\-
inch thread can be held on one end without tearing, the soil is 
cohesive.

[[Page 352]]

    (ii) Dry strength. If the soil is dry and crumbles on its own or 
with moderate pressure into individual grains or fine powder, it is 
granular (any combination of gravel, sand, or silt). If the soil is dry 
and falls into clumps which break up into smaller clumps, but the 
smaller clumps can only be broken up with difficulty, it may be clay in 
any combination with gravel, sand or silt. If the dry soil breaks into 
clumps which do not break up into small clumps and which can only be 
broken with difficulty, and there is no visual indication the soil is 
fissured, the soil may be considered unfissured.
    (iii) Thumb penetration. The thumb penetration test can be used to 
estimate the unconfined compressive strength of cohesive soils. (This 
test is based on the thumb penetration test described in American 
Society for Testing and Materials (ASTM) Standard designation D2488--
``Standard Recommended Practice for Description of Soils (Visual--Manual 
Procedure).'') Type A soils with an unconfined compressive strength of 
1.5 tsf can be readily indented by the thumb; however, they can be 
penetrated by the thumb only with very great effort. Type C soils with 
an unconfined compressive strength of 0.5 tsf can be easily penetrated 
several inches by the thumb, and can be molded by light finger pressure. 
This test should be conducted on an undisturbed soil sample, such as a 
large clump of spoil, as soon as practicable after excavation to keep to 
a minimum the effects of exposure to drying influences. If the 
excavation is later exposed to wetting influences (rain, flooding), the 
classification of the soil must be changed accordingly.
    (iv) Other strength tests. Estimates of unconfined compressive 
strength of soils can also be obtained by use of a pocket penetrometer 
or by using a hand-operated shearvane.
    (v) Drying test. The basic purpose of the drying test is to 
differentiate between cohesive material with fissures, unfissured 
cohesive material, and granular material. The procedure for the drying 
test involves drying a sample of soil that is approximately one inch 
thick (2.54 cm) and six inches (15.24 cm) in diameter until it is 
thoroughly dry:
    (A) If the sample develops cracks as it dries, significant fissures 
are indicated.
    (B) Samples that dry without cracking are to be broken by hand. If 
considerable force is necessary to break a sample, the soil has 
significant cohesive material content. The soil can be classified as an 
unfissured cohesive material and the unconfined compressive strength 
should be determined.
    (C) If a sample breaks easily by hand, it is either a fissured 
cohesive material or a granular material. To distinguish between the 
two, pulverize the dried clumps of the sample by hand or by stepping on 
them. If the clumps do not pulverize easily, the material is cohesive 
with fissures. If they pulverize easily into very small fragments, the 
material is granular.

[85 FR 8743, Feb. 18, 2020]



     Sec. Appendix B to Subpart P of Part 1926--Sloping and Benching

    (a) Scope and application. This appendix contains specifications for 
sloping and benching when used as methods of protecting employees 
working in excavations from cave-ins. The requirements of this appendix 
apply when the design of sloping and benching protective systems is to 
be performed in accordance with the requirements set forth in Sec.  
1926.652(b)(2).
    (b) Definitions.
    Actual slope means the slope to which an excavation face is 
excavated.
    Distress means that the soil is in a condition where a cave-in is 
imminent or is likely to occur. Distress is evidenced by such phenomena 
as the development of fissures in the face of or adjacent to an open 
excavation; the subsidence of the edge of an excavation; the slumping of 
material from the face or the bulging or heaving of material from the 
bottom of an excavation; the spalling of material from the face of an 
excavation; and ravelling, i.e., small amounts of material such as 
pebbles or little clumps of material suddenly separating from the face 
of an excavation and trickling or rolling down into the excavation.
    Maximum allowable slope means the steepest incline of an excavation 
face that is acceptable for the most favorable site conditions as 
protection against cave-ins, and is expressed as the ratio of horizontal 
distance to vertical rise (H:V).
    Short term exposure means a period of time less than or equal to 24 
hours that an excavation is open.
    (c) Requirements--(1) Soil classification. Soil and rock deposits 
shall be classified in accordance with appendix A to subpart P of part 
1926.
    (2) Maximum allowable slope. The maximum allowable slope for a soil 
or rock deposit shall be determined from Table B-1 of this appendix.
    (3) Actual slope. (i) The actual slope shall not be steeper than the 
maximum allowable slope.
    (ii) The actual slope shall be less steep than the maximum allowable 
slope, when there are signs of distress. If that situation occurs, the 
slope shall be cut back to an actual slope which is at least \1/2\ 
horizontal to one vertical (\1/2\H:1V) less steep than the maximum 
allowable slope.
    (iii) When surcharge loads from stored material or equipment, 
operating equipment, or traffic are present, a competent person shall 
determine the degree to which the actual slope must be reduced below the 
maximum

[[Page 353]]

allowable slope, and shall assure that such reduction is achieved. 
Surcharge loads from adjacent structures shall be evaluated in 
accordance with Sec.  1926.651(i).
    (4) Configurations. Configurations of sloping and benching systems 
shall be in accordance with Figure B-1.
[GRAPHIC] [TIFF OMITTED] TC30OC91.016

                               Figure B-1

                          Slope Configurations

    (All slopes stated below are in the horizontal to vertical ratio)

                 B-1.1 Excavations made in Type A soil.

    1. All simple slope excavation 20 feet or less in depth shall have a 
maximum allowable slope of \3/4\:1.
[GRAPHIC] [TIFF OMITTED] TC30OC91.017

                          Simple Slope--General

    Exception: Simple slope excavations which are open 24 hours or less 
(short term) and which are 12 feet or less in depth shall have a maximum 
allowable slope of \1/2\:1.

[[Page 354]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.018

                        Simple Slope--Short Term

    2. All benched excavations 20 feet or less in depth shall have a 
maximum allowable slope of \3/4\ to 1 and maximum bench dimensions as 
follows:
[GRAPHIC] [TIFF OMITTED] TC30OC91.019

                              Simple Bench
[GRAPHIC] [TIFF OMITTED] TC30OC91.020

                             Multiple Bench

    3. All excavations 8 feet or less in depth which have unsupported 
vertically sided lower portions shall have a maximum vertical side of 
3\1/2\ feet.

[[Page 355]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.021

   Unsupported Vertically Sided Lower Portion--Maximum 8 Feet in Depth

    All excavations more than 8 feet but not more than 12 feet in depth 
which unsupported vertically sided lower portions shall have a maximum 
allowable slope of 1:1 and a maximum vertical side of 3\1/2\ feet.
[GRAPHIC] [TIFF OMITTED] TC30OC91.022

  Unsupported Vertically Sided Lower Portion--Maximum 12 Feet in Depth

    All excavations 20 feet or less in depth which have vertically sided 
lower portions that are supported or shielded shall have a maximum 
allowable slope of \3/4\:1. The support or shield system must extend at 
least 18 inches above the top of the vertical side.
[GRAPHIC] [TIFF OMITTED] TC30OC91.023

          Supported or Shielded Vertically Sided Lower Portion

    4. All other simple slope, compound slope, and vertically sided 
lower portion excavations shall be in accordance with the other options 
permitted under Sec.  1926.652(b).

[[Page 356]]

                  B-1.2 Excavations Made in Type B Soil

    1. All simple slope excavations 20 feet or less in depth shall have 
a maximum allowable slope of 1:1.
[GRAPHIC] [TIFF OMITTED] TC30OC91.024

                              Simple Slope

    2. All benched excavations 20 feet or less in depth shall have a 
maximum allowable slope of 1:1 and maximum bench dimensions as follows:
[GRAPHIC] [TIFF OMITTED] TC30OC91.025

                              Single Bench
[GRAPHIC] [TIFF OMITTED] TC30OC91.026

                             Multiple Bench

    3. All excavations 20 feet or less in depth which have vertically 
sided lower portions shall be shielded or supported to a height at least 
18 inches above the top of the vertical side. All such excavations shall 
have a maximum allowable slope of 1:1.

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                     Vertically Sided Lower Portion

    4. All other sloped excavations shall be in accordance with the 
other options permitted in Sec.  1926.652(b).

                  B-1.3 Excavations Made in Type C Soil

    1. All simple slope excavations 20 feet or less in depth shall have 
a maximum allowable slope of 1\1/2\:1.
[GRAPHIC] [TIFF OMITTED] TC30OC91.028

                              Simple Slope

    2. All excavations 20 feet or less in depth which have vertically 
sided lower portions shall be shielded or supported to a height at least 
18 inches above the top of the vertical side. All such excavations shall 
have a maximum allowable slope of 1\1/2\:1.
[GRAPHIC] [TIFF OMITTED] TC30OC91.029

                      Vertical Sided Lower Portion

    3. All other sloped excavations shall be in accordance with the 
other options permitted in Sec.  1926.652(b).

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                 B-1.4 Excavations Made in Layered Soils

    1. All excavations 20 feet or less in depth made in layered soils 
shall have a maximum allowable slope for each layer as set forth below.
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[GRAPHIC] [TIFF OMITTED] TC30OC91.031

    2. All other sloped excavations shall be in accordance with the 
other options permitted in Sec.  1926.652(b).



 Sec. Appendix C to Subpart P of Part 1926--Timber Shoring for Trenches

    (a) Scope. This appendix contains information that can be used 
timber shoring is provided as a method of protection from cave-ins in 
trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must 
be used when design of timber shoring protective systems is to be 
performed in accordance with Sec.  1926.652(c)(1). Other timber shoring 
configurations; other systems of support such as hydraulic and pneumatic 
systems; and other protective systems such as sloping, benching, 
shielding, and freezing systems must be designed in accordance with the 
requirements set forth in Sec.  1926.652(b) and Sec.  1926.652(c).
    (b) Soil Classification. In order to use the data presented in this 
appendix, the soil type or types in which the excavation is made must 
first be determined using the soil classification method set forth in 
appendix A of subpart P of this part.
    (c) Presentation of Information. Information is presented in several 
forms as follows:
    (1) Information is presented in tabular form in Tables C-1.1, C-1.2, 
and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following paragraph (g) of 
the appendix. Each table presents the minimum sizes of timber members to 
use in a shoring system, and each table contains data only for the 
particular soil type in which the excavation or portion of

[[Page 360]]

the excavation is made. The data are arranged to allow the user the 
flexibility to select from among several acceptable configurations of 
members based on varying the horizontal spacing of the crossbraces. 
Stable rock is exempt from shoring requirements and therefore, no data 
are presented for this condition.
    (2) Information concerning the basis of the tabular data and the 
limitations of the data is presented in paragraph (d) of this appendix, 
and on the tables themselves.
    (3) Information explaining the use of the tabular data is presented 
in paragraph (e) of this appendix.
    (4) Information illustrating the use of the tabular data is 
presented in paragraph (f) of this appendix.
    (5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and 
Tables C-2.1 through C-2.3 are presented in paragraph (g) of this 
Appendix.
    (d) Basis and limitations of the data--(1) Dimensions of timber 
members. (i) The sizes of the timber members listed in Tables C-1.1 
through C-1.3 are taken from the National Bureau of Standards (NBS) 
report, ``Recommended Technical Provisions for Construction Practice in 
Shoring and Sloping of Trenches and Excavations.'' In addition, where 
NBS did not recommend specific sizes of members, member sizes are based 
on an analysis of the sizes required for use by existing codes and on 
empirical practice.
    (ii) The required dimensions of the members listed in Tables C-1.1 
through C-1.3 refer to actual dimensions and not nominal dimensions of 
the timber. Employers wanting to use nominal size shoring are directed 
to Tables C-2.1 through C-2.3, or have this choice under Sec.  
1926.652(c)(3), and are referred to The Corps of Engineers, The Bureau 
of Reclamation or data from other acceptable sources.
    (2) Limitation of application. (i) It is not intended that the 
timber shoring specification apply to every situation that may be 
experienced in the field. These data were developed to apply to the 
situations that are most commonly experienced in current trenching 
practice. Shoring systems for use in situations that are not covered by 
the data in this appendix must be designed as specified in Sec.  
1926.652(c).
    (ii) When any of the following conditions are present, the members 
specified in the tables are not considered adequate. Either an alternate 
timber shoring system must be designed or another type of protective 
system designed in accordance with Sec.  1926.652.
    (A) When loads imposed by structures or by stored material adjacent 
to the trench weigh in excess of the load imposed by a two-foot soil 
surcharge. The term ``adjacent'' as used here means the area within a 
horizontal distance from the edge of the trench equal to the depth of 
the trench.
    (B) When vertical loads imposed on cross braces exceed a 240-pound 
gravity load distributed on a one-foot section of the center of the 
crossbrace.
    (C) When surcharge loads are present from equipment weighing in 
excess of 20,000 pounds.
    (D) When only the lower portion of a trench is shored and the 
remaining portion of the trench is sloped or benched unless: The sloped 
portion is sloped at an angle less steep than three horizontal to one 
vertical; or the members are selected from the tables for use at a depth 
which is determined from the top of the overall trench, and not from the 
toe of the sloped portion.
    (e) Use of Tables. The members of the shoring system that are to be 
selected using this information are the cross braces, the uprights, and 
the wales, where wales are required. Minimum sizes of members are 
specified for use in different types of soil. There are six tables of 
information, two for each soil type. The soil type must first be 
determined in accordance with the soil classification system described 
in appendix A to subpart P of part 1926. Using the appropriate table, 
the selection of the size and spacing of the members is then made. The 
selection is based on the depth and width of the trench where the 
members are to be installed and, in most instances, the selection is 
also based on the horizontal spacing of the crossbraces. Instances where 
a choice of horizontal spacing of crossbracing is available, the 
horizontal spacing of the crossbraces must be chosen by the user before 
the size of any member can be determined. When the soil type, the width 
and depth of the trench, and the horizontal spacing of the crossbraces 
are known, the size and vertical spacing of the crossbraces, the size 
and vertical spacing of the wales, and the size and horizontal spacing 
of the uprights can be read from the appropriate table.
    (f) Examples to Illustrate the Use of Tables C-1.1 through C-1.3.
    (1) Example 1.
    A trench dug in Type A soil is 13 feet deep and five feet wide.
    From Table C-1.1, for acceptable arrangements of timber can be used.

                             Arrangement B1

    Space 4 x 4 crossbraces at six feet horizontally and four feet 
vertically.
    Wales are not required.
    Space 3 x 8 uprights at six feet horizontally. This arrangement is 
commonly called ``skip shoring.''

                             Arrangement B2

    Space 4 x 6 crossbraces at eight feet horizontally and four feet 
vertically.
    Space 8 x 8 wales at four feet vertically.

[[Page 361]]

    Space 2 x 6 uprights at four feet horizontally.

                             Arrangement B3

    Space 6 x 6 crossbraces at 10 feet horizontally and four feet 
vertically.
    Space 8 x 10 wales at four feet vertically.
    Space 2 x 6 uprights at five feet horizontally.

                             Arrangement B4

    Space 6 x 6 crossbraces at 12 feet horizontally and four feet 
vertically.
    Space 10 x 10 wales at four feet vertically.
    Spaces 3 x 8 uprights at six feet horizontally.
    (2) Example 2.
    A trench dug in Type B soil in 13 feet deep and five feet wide. From 
Table C-1.2 three acceptable arrangements of members are listed.

                             Arrangement B1

    Space 6 x 6 crossbraces at six feet horizontally and five feet 
vertically.
    Space 8 x 8 wales at five feet vertically.
    Space 2 x 6 uprights at two feet horizontally.

                             Arrangement B2

    Space 6 x 8 crossbraces at eight feet horizontally and five feet 
vertically.
    Space 10 x 10 wales at five feet vertically.
    Space 2 x 6 uprights at two feet horizontally.

                             Arrangement B3

    Space 8 x 8 crossbraces at 10 feet horizontally and five feet 
vertically.
    Space 10 x 12 wales at five feet vertically.
    Space 2 x 6 uprights at two feet vertically.
    (3) Example 3.
    A trench dug in Type C soil is 13 feet deep and five feet wide.
    From Table C-1.3 two acceptable arrangements of members can be used.

                             Arrangement B1

    Space 8 x 8 crossbraces at six feet horizontally and five feet 
vertically.
    Space 10 x 12 wales at five feet vertically.
    Position 2 x 6 uprights as closely together as possible.
    If water must be retained use special tongue and groove uprights to 
form tight sheeting.

                             Arrangement B2

    Space 8 x 10 crossbraces at eight feet horizontally and five feet 
vertically.
    Space 12 x 12 wales at five feet vertically.
    Position 2 x 6 uprights in a close sheeting configuration unless 
water pressure must be resisted. Tight sheeting must be used where water 
must be retained.
    (4) Example 4.
    A trench dug in Type C soil is 20 feet deep and 11 feet wide. The 
size and spacing of members for the section of trench that is over 15 
feet in depth is determined using Table C-1.3. Only one arrangement of 
members is provided.
    Space 8 x 10 crossbraces at six feet horizontally and five feet 
vertically.
    Space 12 x 12 wales at five feet vertically.
    Use 3 x 6 tight sheeting.
    Use of Tables C-2.1 through C-2.3 would follow the same procedures.
    (g) Notes for all Tables.
    1. Member sizes at spacings other than indicated are to be 
determined as specified in Sec.  1926.652(c), ``Design of Protective 
Systems.''
    2. When conditions are saturated or submerged use Tight Sheeting. 
Tight Sheeting refers to the use of specially-edged timber planks (e.g., 
tongue and groove) at least three inches thick, steel sheet piling, or 
similar construction that when driven or placed in position provide a 
tight wall to resist the lateral pressure of water and to prevent the 
loss of backfill material. Close Sheeting refers to the placement of 
planks side-by-side allowing as little space as possible between them.
    3. All spacing indicated is measured center to center.
    4. Wales to be installed with greater dimension horizontal.
    5. If the vertical distance from the center of the lowest crossbrace 
to the bottom of the trench exceeds two and one-half feet, uprights 
shall be firmly embedded or a mudsill shall be used. Where uprights are 
embedded, the vertical distance from the center of the lowest crossbrace 
to the bottom of the trench shall not exceed 36 inches. When mudsills 
are used, the vertical distance shall not exceed 42 inches. Mudsills are 
wales that are installed at the toe of the trench side.
    6. Trench jacks may be used in lieu of or in combination with timber 
crossbraces.
    7. Placement cf crossbraces. When the vertical spacing of 
crossbraces is four feet, place the top crossbrace no more than two feet 
below the top of the trench. When the vertical spacing of crossbraces is 
five feet, place the top crossbrace no more than 2.5 feet below the top 
of the trench.

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 Sec. Appendix D to Subpart P of Part 1926--Aluminum Hydraulic Shoring 
                              for Trenches

    (a) Scope. This appendix contains information that can be used when 
aluminum hydraulic shoring is provided as a method of protection against 
cave-ins in trenches that do not exceed 20 feet (6.1m) in depth. This 
appendix must be used when design of the aluminum hydraulic protective 
system cannot be performed in accordance with Sec.  1926.652(c)(2).
    (b) Soil Classification. In order to use data presented in this 
appendix, the soi1 type or types in which the excavation is made must

[[Page 368]]

first be determined using the soil classification method set forth in 
appendix A of subpart P of part 1926.
    (c) Presentation of Information. Information is presented in several 
forms as follows:
    (1) Information is presented in tabular form in Tables D-1.1, D-1.2, 
D-1.3 and E-1.4. Each table presents the maximum vertical and horizontal 
spacings that may be used with various aluminum member sizes and various 
hydraulic cylinder sizes. Each table contains data only for the 
particular soil type in which the excavation or portion of the 
excavation is made. Tables D-1.1 and D-1.2 are for vertical shores in 
Types A and B soil. Tables D-1.3 and D1.4 are for horizontal waler 
systems in Types B and C soil.
    (2) Information concerning the basis of the tabular data and the 
limitations of the data is presented in paragraph (d) of this appendix.
    (3) Information explaining the use of the tabular data is presented 
in paragraph (e) of this appendix.
    (4) Information illustrating the use of the tabular data is 
presented in paragraph (f) of this appendix.
    (5) Miscellaneous notations (footnotes) regarding Table D-1.1 
through D-1.4 are presented in paragraph (g) of this appendix.
    (6) Figures, illustrating typical installations of hydraulic 
shoring, are included just prior to the Tables. The illustrations page 
is entitled ``Aluminum Hydraulic Shoring; Typical Installations.''
    (d) Basis and limitations of the data. (1) Vertical shore rails and 
horizontal wales are those that meet the Section Modulus requirements in 
the D-1 Tables. Aluminum material is 6061-T6 or material of equivalent 
strength and properties.
    (2) Hydraulic cylinders specifications. (i) 2-inch cylinders shall 
be a minimum 2-inch inside diameter with a minimum safe working capacity 
of no less than 18,000 pounds axial compressive load at maximum 
extension. Maximum extension is to include full range of cylinder 
extensions as recommended by product manufaturer.
    (ii) 3-inch cylinders shall be a minimum 3-inch inside diameter with 
a safe working capacity of not less than 30,000 pounds axial compressive 
load at extensions as recommended by product manufacturer.
    (3) Limitation of application.
    (i) It is not intended that the aluminum hydraulic specification 
apply to every situation that may be experienced in the field. These 
data were developed to apply to the situations that are most commonly 
experienced in current trenching practice. Shoring systems for use in 
situations that are not covered by the data in this appendix must be 
otherwise designed as specified in Sec.  1926.652(c).
    (ii) When any of the following conditions are present, the members 
specified in the Tables are not considered adequate. In this case, an 
alternative aluminum hydraulic shoring system or other type of 
protective system must be designed in accordance with Sec.  1926.652.
    (A) When vertical loads imposed on cross braces exceed a 100 Pound 
gravity load distributed on a one foot section of the center of the 
hydraulic cylinder.
    (B) When surcharge loads are present from equipment weighing in 
excess of 20,000 pounds.
    (C) When only the lower portion or a trench is shored and the 
remaining portion of the trench is sloped or benched unless: The sloped 
portion is sloped at an angle less steep than three horizontal to one 
vertical; or the members are selected from the tables for use at a depth 
which is determined from the top of the overall trench, and not from the 
toe of the sloped portion.
    (e) Use of Tables D-1.1, D-1.2, D-1.3 and D-1.4. The members of the 
shoring system that are to be selected using this information are the 
hydraulic cylinders, and either the vertical shores or the horizontal 
wales. When a waler system is used the vertical timber sheeting to be 
used is also selected from these tables. The Tables D-1.1 and D-1.2 for 
vertical shores are used in Type A and B soils that do not require 
sheeting. Type B soils that may require sheeting, and Type C soils that 
always require sheeting are found in the horizontal wale Tables D-1.3 
and D-1.4. The soil type must first be determined in accordance with the 
soil classification system described in appendix A to subpart P of part 
1926. Using the appropriate table, the selection of the size and spacing 
of the members is made. The selection is based on the depth and width of 
the trench where the members are to be installed. In these tables the 
vertical spacing is held constant at four feet on center. The tables 
show the maximum horizontal spacing of cylinders allowed for each size 
of wale in the waler system tables, and in the vertical shore tables, 
the hydraulic cylinder horizontal spacing is the same as the vertical 
shore spacing.
    (f) Example to Illustrate the Use of the Tables:
    (1) Example 1:
    A trench dug in Type A soil is 6 feet deep and 3 feet wide. From 
Table D-1.1: Find vertical shores and 2 inch diameter cylinders spaced 8 
feet on center (o.c.) horizontally and 4 feet on center (o.c.) 
vertically. (See Figures 1 & 3 for typical installations.)
    (2) Example 2:
    A trench is dug in Type B soil that does not require sheeting, 13 
feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 
inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet 
o.c. vertically. (See Figures 1 & 3 for typical installations.)
    (3) A trench is dug in Type B soil that does not require sheeting, 
but does experience some minor raveling of the trench face. The

[[Page 369]]

trench is 16 feet deep and 9 feet wide. From Table D-1.2: Find vertical 
shores and 2 inch diameter cylinder (with special oversleeves as 
designated by footnote B2) spaced 5.5 feet o.c. horizontally and 4 feet 
o.c. vertically, plywood (per footnote (g)(7) to the D-1 Table) should 
be used behind the shores. (See Figures 2 & 3 for typical 
installations.)
    (4) Example 4: A trench is dug in previously disturbed Type B soil, 
with characteristics of a Type C soil, and will require sheeting. The 
trench is 18 feet deep and 12 feet wide. 8 foot horizontal spacing 
between cylinders is desired for working space. From Table D-1.3: Find 
horizontal wale with a section modulus of 14.0 spaced at 4 feet o.c. 
vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. 
horizontally. 3 x 12 timber sheeting is required at close spacing 
vertically. (See Figure 4 for typical installation.)
    (5) Example 5: A trench is dug in Type C soil, 9 feet deep and 4 
feet wide. Horizontal cylinder spacing in excess of 6 feet is desired 
for working space. From Table D-1.4: Find horizontal wale with a section 
modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. 
horizontally. Or, find horizontal wale with a 14.0 section modulus and 3 
inch diameter cylinder spaced at 10 feet o.c. horizontally. Both wales 
are spaced 4 feet o.c. vertically. 3 x 12 timber sheeting is required at 
close spacing vertically. (See Figure 4 for typical installation.)
    (g) Footnotes, and general notes, for Tables D-1.1, D-1.2, D-1.3, 
and D-1.4.
    (1) For applications other than those listed in the tables, refer to 
Sec.  1926.652(c)(2) for use of manufacturer's tabulated data. For 
trench depths in excess of 20 feet, refer to Sec.  1926.652(c)(2) and 
Sec.  1926.652(c)(3).
    (2) 2 inch diameter cylinders, at this width, shall have structural 
steel tube (3.5 x 3.5 x 0.1875) oversleeves, or structural oversleeves 
of manufacturer's specification, extending the full, collapsed length.
    (3) Hydraulic cylinders capacities. (i) 2 inch cylinders shall be a 
minimum 2-inch inside diameter with a safe working capacity of not less 
than 18,000 pounds axial compressive load at maximum extension. Maximum 
extension is to include full range of cylinder extensions as recommended 
by product manufacturer.
    (ii) 3-inch cylinders shall be a minimum 3-inch inside diameter with 
a safe work capacity of not less than 30,000 pounds axial compressive 
load at maximum extension. Maximum extension is to include full range of 
cylinder extensions as recommended by product manufacturer.
    (4) All spacing indicated is measured center to center.
    (5) Vertical shoring rails shall have a minimum section modulus of 
0.40 inch.
    (6) When vertical shores are used, there must be a minimum of three 
shores spaced equally, horizontally, in a group.
    (7) Plywood shall be 1.125 in. thick softwood or 0.75 inch. thick, 
14 ply, arctic white birch (Finland form). Please note that plywood is 
not intended as a structural member, but only for prevention of local 
raveling (sloughing of the trench face) between shores.
    (8) See appendix C for timber specifications.
    (9) Wales are calculated for simple span conditions.
    (10) See appendix D, item (d), for basis and limitations of the 
data.

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   Sec. Appendix E to Subpart P of Part 1926--Alternatives to Timber 
                                 Shoring
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   Sec. Appendix F to Subpart P of Part 1926--Selection of Protective 
                                 Systems

    The following figures are a graphic summary of the requirements 
contained in subpart P for excavations 20 feet or less in depth. 
Protective systems for use in excavations more than 20 feet in depth 
must be designed by a registered professional engineer in accordance 
with Sec.  1926.652 (b) and (c).

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               Subpart Q_Concrete and Masonry Construction

    Authority: Sec. 107, Contract Work Hours and Safety Standards Act 
(Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6 and 8 Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary 
of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable; and 29 CFR part 1911.

    Source: 53 FR 22643, June 16, 1988, unless otherwise noted.



Sec.  1926.700  Scope, application, and definitions applicable to this 
subpart.

    (a) Scope and application. This subpart sets forth requirements to 
protect all construction employees from the hazards associated with 
concrete and masonry construction operations performed in workplaces 
covered under 29 CFR part 1926. In addition to the requirements in 
subpart Q, other relevant provisions in parts 1910 and 1926 apply to 
concrete and masonry construction operations.
    (b) Definitions applicable to this subpart. In addition to the 
definitions set forth in Sec.  1926.32, the following definitions apply 
to this subpart.
    (1) Bull float means a tool used to spread out and smooth concrete.
    (2) Formwork means the total system of support for freshly placed or 
partially cured concrete, including the mold or sheeting (form) that is 
in contact with the concrete as well as all supporting members including 
shores, reshores, hardware, braces, and related hardware.
    (3) Lift slab means a method of concrete construction in which 
floor, and roof slabs are cast on or at ground level and, using jacks, 
lifted into position.
    (4) Limited access zone means an area alongside a masonry wall, 
which is under construction, and which is clearly demarcated to limit 
access by employees.
    (5) Precast concrete means concrete members (such as walls, panels, 
slabs, columns, and beams) which have been formed, cast, and cured prior 
to final placement in a structure.
    (6) Reshoring means the construction operation in which shoring 
equipment (also called reshores or reshoring equipment) is placed, as 
the original forms and shores are removed, in order to support partially 
cured concrete and construction loads.
    (7) Shore means a supporting member that resists a compressive force 
imposed by a load.
    (8) Vertical slip forms means forms which are jacked vertically 
during the placement of concrete.
    (9) Jacking operation means the task of lifting a slab (or group of 
slabs) vertically from one location to another (e.g., from the casting 
location to a temporary (parked) location, or from a temporary location 
to another temporary location, or to its final location in the 
structure), during the construction of a building/structure where the 
lift-slab process is being used.

[53 FR 22643, June 16, 1988, as amended at 55 FR 42328, Oct. 18, 1990]



Sec.  1926.701  General requirements.

    (a) Construction loads. No construction loads shall be placed on a 
concrete structure or portion of a concrete structure unless the 
employer determines, based on information received from a person who is 
qualified in structural design, that the structure or portion of the 
structure is capable of supporting the loads.
    (b) Reinforcing steel. All protruding reinforcing steel, onto and 
into which employees could fall, shall be guarded to eliminate the 
hazard of impalement.
    (c) Post-tensioning operations. (1) No employee (except those 
essential to the post-tensioning operations) shall be permitted to be 
behind the jack during tensioning operations.
    (2) Signs and barriers shall be erected to limit employee access to 
the post-tensioning area during tensioning operations.
    (d) Riding concrete buckets. No employee shall be permitted to ride 
concrete buckets.
    (e) Working under loads. (1) No employee shall be permitted to work 
under concrete buckets while buckets are being elevated or lowered into 
position.
    (2) To the extent practical, elevated concrete buckets shall be 
routed so that no employee, or the fewest number of employees, are 
exposed to the hazards associated with falling concrete buckets.

[[Page 381]]

    (f) Personal protective equipment. No employee shall be permitted to 
apply a cement, sand, and water mixture through a pneumatic hose unless 
the employee is wearing protective head and face equipment.

[53 FR 22643, June 16, 1988, as amended at 59 FR 40730, Aug. 9, 1994]



Sec.  1926.702  Requirements for equipment and tools.

    (a) Bulk cement storage. (1) Bulk storage bins, containers, and 
silos shall be equipped with the following:
    (i) Conical or tapered bottoms; and
    (ii) Mechanical or pneumatic means of starting the flow of material.
    (2) No employee shall be permitted to enter storage facilities 
unless the ejection system has been shut down, locked out, and tagged to 
indicate that the ejection system is not to be operated.
    (b) Concrete mixers. Concrete mixers with one cubic yard (.8 m\3\) 
or larger loading skips shall be equipped with the following:
    (1) A mechanical device to clear the skip of materials; and
    (2) Guardrails installed on each side of the skip.
    (c) Power concrete trowels. Powered and rotating type concrete 
troweling machines that are manually guided shall be equipped with a 
control switch that will automatically shut off the power whenever the 
hands of the operator are removed from the equipment handles.
    (d) Concrete buggies. Concrete buggy handles shall not extend beyond 
the wheels on either side of the buggy.
    (e) Concrete pumping systems. (1) Concrete pumping systems using 
discharge pipes shall be provided with pipe supports designed for 100 
percent overload.
    (2) Compressed air hoses used on concrete pumping system shall be 
provided with positive fail-safe joint connectors to prevent separation 
of sections when pressurized.
    (f) Concrete buckets. (1) Concrete buckets equipped with hydraulic 
or pneumatic gates shall have positive safety latches or similar safety 
devices installed to prevent premature or accidental dumping.
    (2) Concrete buckets shall be designed to prevent concrete from 
hanging up on top and the sides.
    (g) Tremies. Sections of tremies and similar concrete conveyances 
shall be secured with wire rope (or equivalent materials) in addition to 
the regular couplings or connections.
    (h) Bull floats. Bull float handles, used where they might contact 
energized electrical conductors, shall be constructed of nonconductive 
material or insulated with a nonconductive sheath whose electrical and 
mechanical characteristics provide the equivalent protection of a handle 
constructed of nonconductive material.
    (i) Masonry saws. (1) Masonry saws shall be guarded with a 
semicircular enclosure over the blade.
    (2) A method for retaining blade fragments shall be incorporated in 
the design of the semicircular enclosure.
    (j) Lockout/Tagout Procedures. (1) No employee shall be permitted to 
perform maintenance or repair activity on equipment (such as 
compressors, mixers, screens or pumps used for concrete and masonry 
construction activities) where the inadvertent operation of the 
equipment could occur and cause injury, unless all potentially hazardous 
energy sources have been locked out and tagged.
    (2) Tags shall read Do Not Start or similar language to indicate 
that the equipment is not to be operated.



Sec.  1926.703  Requirements for cast-in-place concrete.

    (a) General requirements for formwork. (1) Formwork shall be 
designed, fabricated, erected, supported, braced and maintained so that 
it will be capable of supporting without failure all vertical and 
lateral loads that may reasonably be anticipated to be applied to the 
formwork. Formwork which is designed, fabricated, erected, supported, 
braced and maintained in conformance with the appendix to this section 
will be deemed to meet the requirements of this paragraph.
    (2) Drawings or plans, including all revisions, for the jack layout, 
formwork (including shoring equipment), working decks, and scaffolds, 
shall be available at the jobsite.
    (b) Shoring and reshoring. (1) All shoring equipment (including 
equipment used in reshoring operations) shall be

[[Page 382]]

inspected prior to erection to determine that the equipment meets the 
requirements specified in the formwork drawings.
    (2) Shoring equipment found to be damaged such that its strength is 
reduced to less than that required by Sec.  1926.703(a)(1) shall not be 
used for shoring.
    (3) Erected shoring equipment shall be inspected immediately prior 
to, during, and immediately after concrete placement.
    (4) Shoring equipment that is found to be damaged or weakened after 
erection, such that its strength is reduced to less than that required 
by Sec.  1926.703(a)(1), shall be immediately reinforced.
    (5) The sills for shoring shall be sound, rigid, and capable of 
carrying the maximum intended load.
    (6) All base plates, shore heads, extension devices, and adjustment 
screws shall be in firm contact, and secured when necessary, with the 
foundation and the form.
    (7) Eccentric loads on shore heads and similar members shall be 
prohibited unless these members have been designed for such loading.
    (8) Whenever single post shores are used one on top of another 
(tiered), the employer shall comply with the following specific 
requirements in addition to the general requirements for formwork:
    (i) The design of the shoring shall be prepared by a qualified 
designer and the erected shoring shall be inspected by an engineer 
qualified in structural design.
    (ii) The single post shores shall be vertically aligned.
    (iii) The single post shores shall be spliced to prevent 
misalignment.
    (iv) The single post shores shall be adequately braced in two 
mutually perpendicular directions at the splice level. Each tier shall 
also be diagonally braced in the same two directions.
    (9) Adjustment of single post shores to raise formwork shall not be 
made after the placement of concrete.
    (10) Reshoring shall be erected, as the original forms and shores 
are removed, whenever the concrete is required to support loads in 
excess of its capacity.
    (c) Vertical slip forms. (1) The steel rods or pipes on which jacks 
climb or by which the forms are lifted shall be--
    (i) Specifically designed for that purpose; and
    (ii) Adequately braced where not encased in concrete.
    (2) Forms shall be designed to prevent excessive distortion of the 
structure during the jacking operation.
    (3) All vertical slip forms shall be provided with scaffolds or work 
platforms where employees are required to work or pass.
    (4) Jacks and vertical supports shall be positioned in such a manner 
that the loads do not exceed the rated capacity of the jacks.
    (5) The jacks or other lifting devices shall be provided with 
mechanical dogs or other automatic holding devices to support the slip 
forms whenever failure of the power supply or lifting mechanism occurs.
    (6) The form structure shall be maintained within all design 
tolerances specified for plumbness during the jacking operation.
    (7) The predetermined safe rate of lift shall not be exceeded.
    (d) Reinforcing steel. (1) Reinforcing steel for walls, piers, 
columns, and similar vertical structures shall be adequately supported 
to prevent overturning and to prevent collapse.
    (2) Employers shall take measures to prevent unrolled wire mesh from 
recoiling. Such measures may include, but are not limited to, securing 
each end of the roll or turning over the roll.
    (e) Removal of formwork. (1) Forms and shores (except those used for 
slabs on grade and slip forms) shall not be removed until the employer 
determines that the concrete has gained sufficient strength to support 
its weight and superimposed loads. Such determination shall be based on 
compliance with one of the following:
    (i) The plans and specifications stipulate conditions for removal of 
forms and shores, and such conditions have been followed, or
    (ii) The concrete has been properly tested with an appropriate ASTM 
standard test method designed to indicate the concrete compressive 
strength, and the test results indicate that the concrete has gained 
sufficient

[[Page 383]]

strength to support its weight and superimposed loads.
    (2) Reshoring shall not be removed until the concrete being 
supported has attained adequate strength to support its weight and all 
loads in place upon it.

                    Appendix to Sec.  1926.703(a)(1)

                    General Requirements for Formwork

                    (This appendix is non-mandatory.)

    This appendix serves as a non-mandatory guideline to assist 
employers in complying with the formwork requirements in Sec.  
1926.703(a)(1). Formwork which has been designed, fabricated, erected, 
braced, supported and maintained in accordance with Sections 6 and 7 of 
the American National Standard for Construction and Demolition 
Operations--Concrete and Masonry Work, ANSI A10.9-1983, shall be deemed 
to be in compliance with the provision of Sec.  1926.703(a)(1).

[53 FR 22643, June 16, 1988, as amended at 61 FR 5510, Feb. 13, 1996]



Sec.  1926.704  Requirements for precast concrete.

    (a) Precast concrete wall units, structural framing, and tilt-up 
wall panels shall be adequately supported to prevent overturning and to 
prevent collapse until permanent connections are completed.
    (b) Lifting inserts which are embedded or otherwise attached to 
tilt-up precast concrete members shall be capable of supporting at least 
two times the maximum intended load applied or transmitted to them.
    (c) Lifting inserts which are embedded or otherwise attached to 
precast concrete members, other than the tilt-up members, shall be 
capable of supporting at least four times the maximum intended load 
applied or transmitted to them.
    (d) Lifting hardware shall be capable of supporting at least five 
times the maximum intended load applied or transmitted to the lifting 
hardware.
    (e) No employee shall be permitted under precast concrete members 
being lifted or tilted into position except those employees required for 
the erection of those members.

[53 FR 22643, June 16, 1988, as amended at 54 FR 41088, Oct. 5, 1989]



Sec.  1926.705  Requirements for lift-slab construction operations.

    (a) Lift-slab operations shall be designed and planned by a 
registered professional engineer who has experience in lift-slab 
construction. Such plans and designs shall be implemented by the 
employer and shall include detailed instructions and sketches indicating 
the prescribed method of erection. These plans and designs shall also 
include provisions for ensuring lateral stability of the building/
structure during construction.
    (b) Jacks/lifting units shall be marked to indicate their rated 
capacity as established by the manufacturer.
    (c) Jacks/lifting units shall not be loaded beyond their rated 
capacity as established by the manufacturer.
    (d) Jacking equipment shall be capable of supporting at least two 
and one-half times the load being lifted during jacking operations and 
the equipment shall not be overloaded. For the purpose of this 
provision, jacking equipment includes any load bearing component which 
is used to carry out the lifting operation(s). Such equipment includes, 
but is not limited, to the following: threaded rods, lifting 
attachments, lifting nuts, hook-up collars, T-caps, shearheads, columns, 
and footings.
    (e) Jacks/lifting units shall be designed and installed so that they 
will neither lift nor continue to lift when they are loaded in excess of 
their rated capacity.
    (f) Jacks/lifting units shall have a safety device installed which 
will cause the jacks/lifting units to support the load in any position 
in the event any jack/lifting unit malfunctions or loses its lifting 
ability.
    (g) Jacking operations shall be synchronized in such a manner to 
ensure even and uniform lifting of the slab. During lifting, all points 
at which the slab is supported shall be kept within \1/2\ inch of that 
needed to maintain the slab in a level position.
    (h) If leveling is automatically controlled, a device shall be 
installed that will stop the operation when the \1/2\inch tolerance set 
forth in paragraph (g) of this section is exceeded or where there is a 
malfunction in the jacking (lifting) system.

[[Page 384]]

    (i) If leveling is maintained by manual controls, such controls 
shall be located in a central location and attended by a competent 
person while lifting is in progress. In addition to meeting the 
definition in Sec.  1926.32(f), the competent person must be experienced 
in the lifting operation and with the lifting equipment being used.
    (j) The maximum number of manually controlled jacks/lifting units on 
one slab shall be limited to a number that will permit the operator to 
maintain the slab level within specified tolerances of paragraph (g) of 
this section, but in no case shall that number exceed 14.
    (k)(1) No employee, except those essential to the jacking operation, 
shall be permitted in the building/structure while any jacking operation 
is taking place unless the building/structure has been reinforced 
sufficiently to ensure its integrity during erection. The phrase 
``reinforced sufficiently to ensure its integrity'' used in this 
paragraph means that a registered professional engineer, independent of 
the engineer who designed and planned the lifting operation, has 
determined from the plans that if there is a loss of support at any jack 
location, that loss will be confined to that location and the structure 
as a whole will remain stable.
    (2) Under no circumstances, shall any employee who is not essential 
to the jacking operation be permitted immediately beneath a slab while 
it is being lifted.
    (3) For the purpose of paragraph (k) of this section, a jacking 
operation begins when a slab or group of slabs is lifted and ends when 
such slabs are secured (with either temporary connections or permanent 
connections).
    (4) Employers who comply with appendix A to Sec.  1926.705 shall be 
considered to be in compliance with the provisions of paragraphs (k)(1) 
through (k)(3) of this section.
    (l) When making temporary connections to support slabs, wedges shall 
be secured by tack welding, or an equivalent method of securing the 
wedges to prevent them from falling out of position. Lifting rods may 
not be released until the wedges at that column have been secured.
    (m) All welding on temporary and permanent connections shall be 
performed by a certified welder, familiar with the welding requirements 
specified in the plans and specifications for the lift-slab operation.
    (n) Load transfer from jacks/lifting units to building columns shall 
not be executed until the welds on the column shear plates (weld blocks) 
are cooled to air temperature.
    (o) Jacks/lifting units shall be positively secured to building 
columns so that they do not become dislodged or dislocated.
    (p) Equipment shall be designed and installed so that the lifting 
rods cannot slip out of position or the employer shall institute other 
measures, such as the use of locking or blocking devices, which will 
provide positive connection between the lifting rods and attachments and 
will prevent components from disengaging during lifting operations.

            Appendix to Sec.  1926.705--Lift-Slab Operations

                    (This appendix is non-mandatory.)

    In paragraph 1926.705(k), OSHA requires employees to be removed from 
the building/structure during jacking operations unless an independent 
registered professional engineer, other than the engineer who designed 
and planned the lifting operation, has determined that the building/
structure has been sufficiently reinforced to insure the integrity of 
the building/structure. One method to comply with this provision is for 
the employer to ensure that continuous bottom steel is provided in every 
slab and in both directions through every wall or column head area. 
(Column head area means the distance between lines that are one and one 
half times the thickness of the slab or drop panel. These lines are 
located outside opposite faces of the outer edges of the shearhead 
sections--See Figure 1). The amount of bottom steel shall be established 
by assuming loss of support at a given lifting jack and then determining 
the steel necessary to carry, by catenary action over the span between 
surrounding supports, the slab service dead load plus any service dead 
and live loads likely to be acting on the slab during jacking. In 
addition, the surrounding supports must be capable of resisting any 
additional load transferred to them as a result of the loss of support 
at the lifting jack considered.

[[Page 385]]

[GRAPHIC] [TIFF OMITTED] TC30OC91.048


[55 FR 42328, Oct. 18, 1990]



Sec.  1926.706  Requirements for masonry construction.

    (a) A limited access zone shall be established whenever a masonry 
wall is being constructed. The limited access zone shall conform to the 
following.
    (1) The limited access zone shall be established prior to the start 
of construction of the wall.
    (2) The limited access zone shall be equal to the height of the wall 
to be constructed plus four feet, and shall run the entire length of the 
wall.
    (3) The limited access zone shall be established on the side of the 
wall which will be unscaffolded.
    (4) The limited access zone shall be restricted to entry by 
employees actively engaged in constructing the wall. No other employees 
shall be permitted to enter the zone.

[[Page 386]]

    (5) The limited access zone shall remain in place until the wall is 
adequately supported to prevent overturning and to prevent collapse 
unless the height of wall is over eight feet, in which case, the limited 
access zone shall remain in place until the requirements of paragraph 
(b) of this section have been met.
    (b) All masonry walls over eight feet in height shall be adequately 
braced to prevent overturning and to prevent collapse unless the wall is 
adequately supported so that it will not overturn or collapse. The 
bracing shall remain in place until permanent supporting elements of the 
structure are in place.



 Sec. Appendix A to Subpart Q of Part 1926--References to subpart Q of 
                                Part 1926

                    (This appendix is non-mandatory.)

    The following non-mandatory references provide information which can 
be helpful in understanding and complying with the requirements 
contained in subpart Q.
     Accident Prevention Manual for Industrial 
Operations; Eighth Edition; National Safety Council.
     Building Code Requirements for Reinforced 
Concrete (ACI 318-83).
     Formwork for Concrete (ACI SP-4).
     Recommended Practice for Concrete Formwork (ACI 
347-78).
     Safety Requirements for Concrete and Masonry Work 
(ANSI A10.9-1983).
     Standard Test Method for Compressive Strength of 
Cylindrical Concrete Specimens (ASTM C39-86).
     Standard Test Method for Making and Curing 
Concrete Test Specimens in the Field (ASTM C31-85).
     Standard Test Method for Penetration Resistance 
of Hardened Concrete (ASTM C803-82).
     Standard Test Method for Compressive Strength of 
Concrete Cylinders Cast In-Place in Cylindrical Molds (ASTM C873-85).
     Standard Method for Developing Early Age 
Compressive Test Values and Projecting Later Age Strengths (ASTM C918-
80).
     Recommended Practice for Inspection and Testing 
Agencies for Concrete, Steel and Bituminous Materials as Used in 
Construction (ASTM E329-77).
     Method of Making and Curing Concrete Test 
Specimens in the Laboratory (ASTM C192-88).
     Methods of Obtaining and Testing Drilled Cores 
and Sawed Beams of Concrete (ASTM C42-87).
     Methods of Securing, Preparing and Testing 
Specimens from Hardened Lightweight Insulating Concrete for Compressive 
Strength (ASTM C513-86).
     Test Method for Comprehensive Strength of 
Lightweight Insulating Concrete (ASTM C495-86).
     Method of Making, Accelerating Curing, and 
Testing of Concrete Compression Test Specimens (ASTM C684-81).
     Test Method for Compressive Strength of Concrete 
Using Portions of Beams Broken in Flexure (ASTM C116-68 (1980)).



                        Subpart R_Steel Erection

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order Nos. 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 
(72 FR 31159), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 
1911.

    Source: 66 FR 5265, Jan. 18, 2001, unless otherwise noted.



Sec.  1926.750  Scope.

    (a) This subpart sets forth requirements to protect employees from 
the hazards associated with steel erection activities involved in the 
construction, alteration, and/or repair of single and multi-story 
buildings, bridges, and other structures where steel erection occurs. 
The requirements of this subpart apply to employers engaged in steel 
erection unless otherwise specified. This subpart does not cover 
electrical transmission towers, communication and broadcast towers, or 
tanks.

    Note to paragraph (a): Examples of structures where steel erection 
may occur include but are not limited to the following: Single and 
multi-story buildings; systems-engineered metal buildings; lift slab/
tilt-up structures; energy exploration structures; energy production, 
transfer and storage structures and facilities; auditoriums; malls; 
amphitheaters; stadiums; power plants; mills; chemical process 
structures; bridges; trestles; overpasses; underpasses; viaducts; 
aqueducts; aerospace facilities and structures; radar and communication 
structures; light towers; signage; billboards; scoreboards; conveyor 
systems; conveyor supports and related framing; stairways; stair towers; 
fire escapes; draft curtains; fire containment structures; monorails; 
aerialways; catwalks; curtain walls; window walls; store fronts; 
elevator fronts; entrances; skylights; metal roofs; industrial 
structures; hi-bay structures; rail, marine and other transportation 
structures; sound barriers; water process and water containment 
structures; air and cable supported structures; space frames; geodesic

[[Page 387]]

domes; canopies; racks and rack support structures and frames; 
platforms; walkways; balconies; atriums; penthouses; car dumpers; 
stackers/reclaimers; cranes and craneways; bins; hoppers; ovens; 
furnaces; stacks; amusement park structures and rides; and artistic and 
monumental structures.

    (b)(1) Steel erection activities include hoisting, laying out, 
placing, connecting, welding, burning, guying, bracing, bolting, 
plumbing and rigging structural steel, steel joists and metal buildings; 
installing metal decking, curtain walls, window walls, siding systems, 
miscellaneous metals, ornamental iron and similar materials; and moving 
point-to-point while performing these activities.
    (2) The following activities are covered by this subpart when they 
occur during and are a part of steel erection activities: rigging, 
hoisting, laying out, placing, connecting, guying, bracing, dismantling, 
burning, welding, bolting, grinding, sealing, caulking, and all related 
activities for construction, alteration and/or repair of materials and 
assemblies such as structural steel; ferrous metals and alloys; non-
ferrous metals and alloys; glass; plastics and synthetic composite 
materials; structural metal framing and related bracing and assemblies; 
anchoring devices; structural cabling; cable stays; permanent and 
temporary bents and towers; falsework for temporary supports of 
permanent steel members; stone and other non-precast concrete 
architectural materials mounted on steel frames; safety systems for 
steel erection; steel and metal joists; metal decking and raceway 
systems and accessories; metal roofing and accessories; metal siding; 
bridge flooring; cold formed steel framing; elevator beams; grillage; 
shelf racks; multi-purpose supports; crane rails and accessories; 
miscellaneous, architectural and ornamental metals and metal work; 
ladders; railings; handrails; fences and gates; gratings; trench covers; 
floor plates; castings; sheet metal fabrications; metal panels and panel 
wall systems; louvers; column covers; enclosures and pockets; stairs; 
perforated metals; ornamental iron work, expansion control including 
bridge expansion joint assemblies; slide bearings; hydraulic structures; 
fascias; soffit panels; penthouse enclosures; skylights; joint fillers; 
gaskets; sealants and seals; doors; windows; hardware; detention/
security equipment and doors, windows and hardware; conveying systems; 
building specialties; building equipment; machinery and plant equipment, 
furnishings and special construction.
    (c) The duties of controlling contractors under this subpart 
include, but are not limited to, the duties specified in Sec. Sec.  
1926.752 (a) and (c), 1926.755(b)(2), 1926.759(b), and 1926.760(e).



Sec.  1926.751  Definitions.

    Anchored bridging means that the steel joist bridging is connected 
to a bridging terminus point.
    Bolted diagonal bridging means diagonal bridging that is bolted to a 
steel joist or joists.
    Bridging clip means a device that is attached to the steel joist to 
allow the bolting of the bridging to the steel joist.
    Bridging terminus point means a wall, a beam, tandem joists (with 
all bridging installed and a horizontal truss in the plane of the top 
chord) or other element at an end or intermediate point(s) of a line of 
bridging that provides an anchor point for the steel joist bridging.
    Choker means a wire rope or synthetic fiber rigging assembly that is 
used to attach a load to a hoisting device.
    Cold forming means the process of using press brakes, rolls, or 
other methods to shape steel into desired cross sections at room 
temperature.
    Column means a load-carrying vertical member that is part of the 
primary skeletal framing system. Columns do not include posts.
    Competent person (also defined in Sec.  1926.32) means one who is 
capable of identifying existing and predictable hazards in the 
surroundings or working conditions which are unsanitary, hazardous, or 
dangerous to employees, and who has authorization to take prompt 
corrective measures to eliminate them.
    Connector means an employee who, working with hoisting equipment, is 
placing and connecting structural members and/or components.

[[Page 388]]

    Constructibility means the ability to erect structural steel members 
in accordance with subpart R without having to alter the over-all 
structural design.
    Construction load (for joist erection) means any load other than the 
weight of the employee(s), the joists and the bridging bundle.
    Controlled Decking Zone (CDZ) means an area in which certain work 
(for example, initial installation and placement of metal decking) may 
take place without the use of guardrail systems, personal fall arrest 
systems, fall restraint systems, or safety net systems and where access 
to the zone is controlled.
    Controlled load lowering means lowering a load by means of a 
mechanical hoist drum device that allows a hoisted load to be lowered 
with maximum control using the gear train or hydraulic components of the 
hoist mechanism. Controlled load lowering requires the use of the hoist 
drive motor, rather than the load hoist brake, to lower the load.
    Controlling contractor means a prime contractor, general contractor, 
construction manager or any other legal entity which has the overall 
responsibility for the construction of the project--its planning, 
quality and completion.
    Critical lift means a lift that (1) exceeds 75 percent of the rated 
capacity of the crane or derrick, or (2) requires the use of more than 
one crane or derrick.
    Decking hole means a gap or void more than 2 inches (5.1 cm) in its 
least dimension and less than 12 inches (30.5 cm) in its greatest 
dimension in a floor, roof or other walking/working surface. Pre-
engineered holes in cellular decking (for wires, cables, etc.) are not 
included in this definition.
    Derrick floor means an elevated floor of a building or structure 
that has been designated to receive hoisted pieces of steel prior to 
final placement.
    Double connection means an attachment method where the connection 
point is intended for two pieces of steel which share common bolts on 
either side of a central piece.
    Double connection seat means a structural attachment that, during 
the installation of a double connection, supports the first member while 
the second member is connected.
    Erection bridging means the bolted diagonal bridging that is 
required to be installed prior to releasing the hoisting cables from the 
steel joists.
    Fall restraint system means a fall protection system that prevents 
the user from falling any distance. The system is comprised of either a 
body belt or body harness, along with an anchorage, connectors and other 
necessary equipment. The other components typically include a lanyard, 
and may also include a lifeline and other devices.
    Final interior perimeter means the perimeter of a large permanent 
open space within a building such as an atrium or courtyard. This does 
not include openings for stairways, elevator shafts, etc.
    Girt (in systems-engineered metal buildings) means a ``Z'' or ``C'' 
shaped member formed from sheet steel spanning between primary framing 
and supporting wall material.
    Headache ball means a weighted hook that is used to attach loads to 
the hoist load line of the crane.
    Hoisting equipment means commercially manufactured lifting equipment 
designed to lift and position a load of known weight to a location at 
some known elevation and horizontal distance from the equipment's center 
of rotation. ``Hoisting equipment'' includes but is not limited to 
cranes, derricks, tower cranes, barge-mounted derricks or cranes, gin 
poles and gantry hoist systems. A ``come-a-long'' (a mechanical device, 
usually consisting of a chain or cable attached at each end, that is 
used to facilitate movement of materials through leverage) is not 
considered ``hoisting equipment.''
    Leading edge means the unprotected side and edge of a floor, roof, 
or formwork for a floor or other walking/working surface (such as deck) 
which changes location as additional floor, roof, decking or formwork 
sections are placed, formed or constructed.
    Metal decking means a commercially manufactured, structural grade, 
cold rolled metal panel formed into a series of parallel ribs; for this 
subpart, this includes metal floor and roof decks, standing seam metal 
roofs, other metal

[[Page 389]]

roof systems and other products such as bar gratings, checker plate, 
expanded metal panels, and similar products. After installation and 
proper fastening, these decking materials serve a combination of 
functions including, but not limited to: a structural element designed 
in combination with the structure to resist, distribute and transfer 
loads, stiffen the structure and provide a diaphragm action; a walking/
working surface; a form for concrete slabs; a support for roofing 
systems; and a finished floor or roof.
    Multiple lift rigging means a rigging assembly manufactured by wire 
rope rigging suppliers that facilitates the attachment of up to five 
independent loads to the hoist rigging of a crane.
    Opening means a gap or void 12 inches (30.5 cm) or more in its least 
dimension in a floor, roof or other walking/working surface. For the 
purposes of this subpart, skylights and smoke domes that do not meet the 
strength requirements of Sec.  1926.754(e)(3) shall be regarded as 
openings.
    Permanent floor means a structurally completed floor at any level or 
elevation (including slab on grade).
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a working level. A personal fall arrest system 
consists of an anchorage, connectors, a body harness and may include a 
lanyard, deceleration device, lifeline, or suitable combination of 
these. The use of a body belt for fall arrest is prohibited.
    Positioning device system means a body belt or body harness rigged 
to allow an employee to be supported on an elevated, vertical surface, 
such as a wall or column and work with both hands free while leaning.
    Post means a structural member with a longitudinal axis that is 
essentially vertical, that: (1) weighs 300 pounds or less and is axially 
loaded (a load presses down on the top end), or (2) is not axially 
loaded, but is laterally restrained by the above member. Posts typically 
support stair landings, wall framing, mezzanines and other 
substructures.
    Project structural engineer of record means the registered, licensed 
professional responsible for the design of structural steel framing and 
whose seal appears on the structural contract documents.
    Purlin (in systems-engineered metal buildings) means a ``Z'' or 
``C'' shaped member formed from sheet steel spanning between primary 
framing and supporting roof material.
    Qualified person (also defined in Sec.  1926.32) means one who, by 
possession of a recognized degree, certificate, or professional 
standing, or who by extensive knowledge, training, and experience, has 
successfully demonstrated the ability to solve or resolve problems 
relating to the subject matter, the work, or the project.
    Safety deck attachment means an initial attachment that is used to 
secure an initially placed sheet of decking to keep proper alignment and 
bearing with structural support members.
    Shear connector means headed steel studs, steel bars, steel lugs, 
and similar devices which are attached to a structural member for the 
purpose of achieving composite action with concrete.
    Steel erection means the construction, alteration or repair of steel 
buildings, bridges and other structures, including the installation of 
metal decking and all planking used during the process of erection.
    Steel joist means an open web, secondary load-carrying member of 144 
feet (43.9 m) or less, designed by the manufacturer, used for the 
support of floors and roofs. This does not include structural steel 
trusses or cold-formed joists.
    Steel joist girder means an open web, primary load-carrying member, 
designed by the manufacturer, used for the support of floors and roofs. 
This does not include structural steel trusses.
    Steel truss means an open web member designed of structural steel 
components by the project structural engineer of record. For the 
purposes of this subpart, a steel truss is considered equivalent to a 
solid web structural member.
    Structural steel means a steel member, or a member made of a 
substitute material (such as, but not limited to, fiberglass, aluminum 
or composite members). These members include, but are

[[Page 390]]

not limited to, steel joists, joist girders, purlins, columns, beams, 
trusses, splices, seats, metal decking, girts, and all bridging, and 
cold formed metal framing which is integrated with the structural steel 
framing of a building.
    Systems-engineered metal building means a metal, field-assembled 
building system consisting of framing, roof and wall coverings. 
Typically, many of these components are cold-formed shapes. These 
individual parts are fabricated in one or more manufacturing facilities 
and shipped to the job site for assembly into the final structure. The 
engineering design of the system is normally the responsibility of the 
systems-engineered metal building manufacturer.
    Tank means a container for holding gases, liquids or solids.
    Unprotected sides and edges means any side or edge (except at 
entrances to points of access) of a walking/working surface, for example 
a, floor, roof, ramp or runway, where there is no wall or guardrail 
system at least 39 inches (1.0 m) high.



Sec.  1926.752  Site layout, site-specific erection plan and 
construction sequence.

    (a) Approval to begin steel erection. Before authorizing the 
commencement of steel erection, the controlling contractor shall ensure 
that the steel erector is provided with the following written 
notifications:
    (1) The concrete in the footings, piers and walls and the mortar in 
the masonry piers and walls has attained, on the basis of an appropriate 
ASTM standard test method of field-cured samples, either 75 percent of 
the intended minimum compressive design strength or sufficient strength 
to support the loads imposed during steel erection.
    (2) Any repairs, replacements and modifications to the anchor bolts 
were conducted in accordance with Sec.  1926.755(b).
    (b) Commencement of steel erection. A steel erection contractor 
shall not erect steel unless it has received written notification that 
the concrete in the footings, piers and walls or the mortar in the 
masonry piers and walls has attained, on the basis of an appropriate 
ASTM standard test method of field-cured samples, either 75 percent of 
the intended minimum compressive design strength or sufficient strength 
to support the loads imposed during steel erection.
    (c) Site layout. The controlling contractor shall ensure that the 
following is provided and maintained:
    (1) Adequate access roads into and through the site for the safe 
delivery and movement of derricks, cranes, trucks, other necessary 
equipment, and the material to be erected and means and methods for 
pedestrian and vehicular control. Exception: this requirement does not 
apply to roads outside of the construction site.
    (2) A firm, properly graded, drained area, readily accessible to the 
work with adequate space for the safe storage of materials and the safe 
operation of the erector's equipment.
    (d) Pre-planning of overhead hoisting operations. All hoisting 
operations in steel erection shall be pre-planned to ensure that the 
requirements of Sec.  1926.753(d) are met.
    (e) Site-specific erection plan. Where employers elect, due to 
conditions specific to the site, to develop alternate means and methods 
that provide employee protection in accordance with Sec.  
1926.753(c)(5), Sec.  1926.757(a)(4) or Sec.  1926.757(e)(4), a site-
specific erection plan shall be developed by a qualified person and be 
available at the work site. Guidelines for establishing a site-specific 
erection plan are contained in appendix A to this subpart.



Sec.  1926.753  Hoisting and rigging.

    (a) All the provisions of subpart CC apply to hoisting and rigging 
with the exception of Sec.  1926.1431(a).
    (b) In addition, paragraphs (c) through (e) of this section apply 
regarding the hazards associated with hoisting and rigging.
    (c) General. (1) Pre-shift visual inspection of cranes.
    (i) Cranes being used in steel erection activities shall be visually 
inspected prior to each shift by a competent person; the inspection 
shall include observation for deficiencies during operation. At a 
minimum this inspection shall include the following:

[[Page 391]]

    (A) All control mechanisms for maladjustments;
    (B) Control and drive mechanism for excessive wear of components and 
contamination by lubricants, water or other foreign matter;
    (C) Safety devices, including but not limited to boom angle 
indicators, boom stops, boom kick out devices, anti-two block devices, 
and load moment indicators where required;
    (D) Air, hydraulic, and other pressurized lines for deterioration or 
leakage, particularly those which flex in normal operation;
    (E) Hooks and latches for deformation, chemical damage, cracks, or 
wear;
    (F) Wire rope reeving for compliance with hoisting equipment 
manufacturer's specifications;
    (G) Electrical apparatus for malfunctioning, signs of excessive 
deterioration, dirt, or moisture accumulation;
    (H) Hydraulic system for proper fluid level;
    (I) Tires for proper inflation and condition;
    (J) Ground conditions around the hoisting equipment for proper 
support, including ground settling under and around outriggers, ground 
water accumulation, or similar conditions;
    (K) The hoisting equipment for level position; and
    (L) The hoisting equipment for level position after each move and 
setup.
    (ii) If any deficiency is identified, an immediate determination 
shall be made by the competent person as to whether the deficiency 
constitutes a hazard.
    (iii) If the deficiency is determined to constitute a hazard, the 
hoisting equipment shall be removed from service until the deficiency 
has been corrected.
    (iv) The operator shall be responsible for those operations under 
the operator's direct control. Whenever there is any doubt as to safety, 
the operator shall have the authority to stop and refuse to handle loads 
until safety has been assured.
    (2) A qualified rigger (a rigger who is also a qualified person) 
shall inspect the rigging prior to each shift in accordance with Sec.  
1926.251.
    (3) The headache ball, hook or load shall not be used to transport 
personnel except as provided in paragraph (c)(4) of this section.
    (4) Cranes or derricks may be used to hoist employees on a personnel 
platform when work under this subpart is being conducted, provided that 
all provisions of Sec.  1926.1431 (except for Sec.  1926.1431(a)) are 
met.
    (5) Safety latches on hooks shall not be deactivated or made 
inoperable except:
    (i) When a qualified rigger has determined that the hoisting and 
placing of purlins and single joists can be performed more safely by 
doing so; or
    (ii) When equivalent protection is provided in a site-specific 
erection plan.
    (d) Working under loads. (1) Routes for suspended loads shall be 
pre-planned to ensure that no employee is required to work directly 
below a suspended load except for:
    (i) Employees engaged in the initial connection of the steel; or
    (ii) Employees necessary for the hooking or unhooking of the load.
    (2) When working under suspended loads, the following criteria shall 
be met:
    (i) Materials being hoisted shall be rigged to prevent unintentional 
displacement;
    (ii) Hooks with self-closing safety latches or their equivalent 
shall be used to prevent components from slipping out of the hook; and
    (iii) All loads shall be rigged by a qualified rigger
    (e) Multiple lift rigging procedure. (1) A multiple lift shall only 
be performed if the following criteria are met:
    (i) A multiple lift rigging assembly is used;
    (ii) A maximum of five members are hoisted per lift;
    (iii) Only beams and similar structural members are lifted; and
    (iv) All employees engaged in the multiple lift have been trained in 
these procedures in accordance with Sec.  1926.761(c)(1).
    (v) No crane is permitted to be used for a multiple lift where such 
use is contrary to the manufacturer's specifications and limitations.
    (2) Components of the multiple lift rigging assembly shall be 
specifically

[[Page 392]]

designed and assembled with a maximum capacity for total assembly and 
for each individual attachment point. This capacity, certified by the 
manufacturer or a qualified rigger, shall be based on the manufacturer's 
specifications with a 5 to 1 safety factor for all components.
    (3) The total load shall not exceed:
    (i) The rated capacity of the hoisting equipment specified in the 
hoisting equipment load charts;
    (ii) The rigging capacity specified in the rigging rating chart.
    (4) The multiple lift rigging assembly shall be rigged with members:
    (i) Attached at their center of gravity and maintained reasonably 
level;
    (ii) Rigged from top down; and
    (iii) Rigged at least 7 feet (2.1 m) apart.
    (5) The members on the multiple lift rigging assembly shall be set 
from the bottom up.
    (6) Controlled load lowering shall be used whenever the load is over 
the connectors.

[66 FR 5265, Jan. 18, 2001, as amended at 75 FR 48134, Aug. 9, 2010]



Sec.  1926.754  Structural steel assembly.

    (a) Structural stability shall be maintained at all times during the 
erection process.

    Note to paragraph (a): Federal Highway Administration (FHWA) 
regulations incorporate by reference a number of standards, policies, 
and standard specifications published by the American Association of 
State Highway and Transportation Officials (AASHTO) and other 
organizations. (See 23 CFR 625.4). Many of these incorporated provisions 
may be relevant to maintaining structural stability during the erection 
process. For instance, as of May 17, 2010, in many cases FHWA requires a 
Registered Engineer to prepare and seal working drawings for falsework 
used in highway bridge construction. (See AASHTO Specifications for 
Highway Bridges, Div. II, Sec.  3.2.1, 15th edition, 1992, which FHWA 
incorporates by reference in 23 CFR 625.4). FHWA also encourages 
compliance with AASHTO Specifications that the FHWA regulations do not 
currently incorporate by reference. (See http://www.fhwa.dot.gov/bridge/
lrfd/index.htm.)

    (b) The following additional requirements shall apply for multi-
story structures:
    (1) The permanent floors shall be installed as the erection of 
structural members progresses, and there shall be not more than eight 
stories between the erection floor and the upper-most permanent floor, 
except where the structural integrity is maintained as a result of the 
design.
    (2) At no time shall there be more than four floors or 48 feet (14.6 
m), whichever is less, of unfinished bolting or welding above the 
foundation or uppermost permanently secured floor, except where the 
structural integrity is maintained as a result of the design.
    (3) A fully planked or decked floor or nets shall be maintained 
within two stories or 30 feet (9.1 m), whichever is less, directly under 
any erection work being performed.
    (c) Walking/working surfaces--shear connectors and other similar 
devices--(1) Tripping hazards. Shear connectors (such as headed steel 
studs, steel bars or steel lugs), reinforcing bars, deformed anchors or 
threaded studs shall not be attached to the top flanges of beams, joists 
or beam attachments so that they project vertically from or horizontally 
across the top flange of the member until after the metal decking, or 
other walking/working surface, has been installed.
    (2) Installation of shear connectors on composite floors, roofs and 
bridge decks. When shear connectors are used in construction of 
composite floors, roofs and bridge decks, employees shall lay out and 
install the shear connectors after the metal decking has been installed, 
using the metal decking as a working platform. Shear connectors shall 
not be installed from within a controlled decking zone (CDZ), as 
specified in Sec.  1926.760(c)(7).
    (d) Plumbing-up. (1) When deemed necessary by a competent person, 
plumbing-up equipment shall be installed in conjunction with the steel 
erection process to ensure the stability of the structure.
    (2) When used, plumbing-up equipment shall be in place and properly 
installed before the structure is loaded with construction material such 
as loads of joists, bundles of decking or bundles of bridging.

[[Page 393]]

    (3) Plumbing-up equipment shall be removed only with the approval of 
a competent person.
    (e) Metal decking--(1) Hoisting, landing and placing of metal 
decking bundles. (i) Bundle packaging and strapping shall not be used 
for hoisting unless specifically designed for that purpose.
    (ii) If loose items such as dunnage, flashing, or other materials 
are placed on the top of metal decking bundles to be hoisted, such items 
shall be secured to the bundles.
    (iii) Bundles of metal decking on joists shall be landed in 
accordance with Sec.  1926.757(e)(4).
    (iv) Metal decking bundles shall be landed on framing members so 
that enough support is provided to allow the bundles to be unbanded 
without dislodging the bundles from the supports.
    (v) At the end of the shift or when environmental or jobsite 
conditions require, metal decking shall be secured against displacement.
    (2) Roof and floor holes and openings. Metal decking at roof and 
floor holes and openings shall be installed as follows:
    (i) Framed metal deck openings shall have structural members turned 
down to allow continuous deck installation except where not allowed by 
structural design constraints or constructibility.
    (ii) Roof and floor holes and openings shall be decked over. Where 
large size, configuration or other structural design does not allow 
openings to be decked over (such as elevator shafts, stair wells, etc.) 
employees shall be protected in accordance with Sec.  1926.760(a)(1).
    (iii) Metal decking holes and openings shall not be cut until 
immediately prior to being permanently filled with the equipment or 
structure needed or intended to fulfill its specific use and which meets 
the strength requirements of paragraph (e)(3) of this section, or shall 
be immediately covered.
    (3) Covering roof and floor openings. (i) Covers for roof and floor 
openings shall be capable of supporting, without failure, twice the 
weight of the employees, equipment and materials that may be imposed on 
the cover at any one time.
    (ii) All covers shall be secured when installed to prevent 
accidental displacement by the wind, equipment or employees.
    (iii) All covers shall be painted with high-visibility paint or 
shall be marked with the word ``HOLE'' or ``COVER'' to provide warning 
of the hazard.
    (iv) Smoke dome or skylight fixtures that have been installed, are 
not considered covers for the purpose of this section unless they meet 
the strength requirements of paragraph (e)(3)(i) of this section.
    (4) Decking gaps around columns. Wire mesh, exterior plywood, or 
equivalent, shall be installed around columns where planks or metal 
decking do not fit tightly. The materials used must be of sufficient 
strength to provide fall protection for personnel and prevent objects 
from falling through.
    (5) Installation of metal decking. (i) Except as provided in Sec.  
1926.760(c), metal decking shall be laid tightly and immediately secured 
upon placement to prevent accidental movement or displacement.
    (ii) During initial placement, metal decking panels shall be placed 
to ensure full support by structural members.
    (6) Derrick floors. (i) A derrick floor shall be fully decked and/or 
planked and the steel member connections completed to support the 
intended floor loading.
    (ii) Temporary loads placed on a derrick floor shall be distributed 
over the underlying support members so as to prevent local overloading 
of the deck material.

[66 FR 5265, Jan. 18, 2001, as amended at 71 FR 2885, Jan. 18, 2006; 71 
FR 16674, Apr. 3, 2006; 75 FR 27429, May 17, 2010; 85 FR 8745, Feb. 18, 
2020]



Sec.  1926.755  Column anchorage.

    (a) General requirements for erection stability. (1) All columns 
shall be anchored by a minimum of 4 anchor rods (anchor bolts).
    (2) Each column anchor rod (anchor bolt) assembly, including the 
column-to-base plate weld and the column foundation, shall be designed 
to resist a minimum eccentric gravity load of 300 pounds (136.2 kg) 
located 18 inches (.46m) from the extreme outer face of the column in 
each direction at the top of the column shaft.

[[Page 394]]

    (3) Columns shall be set on level finished floors, pre-grouted 
leveling plates, leveling nuts, or shim packs which are adequate to 
transfer the construction loads.
    (4) All columns shall be evaluated by a competent person to 
determine whether guying or bracing is needed; if guying or bracing is 
needed, it shall be installed.
    (b) Repair, replacement or field modification of anchor rods (anchor 
bolts). (1) Anchor rods (anchor bolts) shall not be repaired, replaced 
or field-modified without the approval of the project structural 
engineer of record.
    (2) Prior to the erection of a column, the controlling contractor 
shall provide written notification to the steel erector if there has 
been any repair, replacement or modification of the anchor rods (anchor 
bolts) of that column.



Sec.  1926.756  Beams and columns.

    (a) General. (1) During the final placing of solid web structural 
members, the load shall not be released from the hoisting line until the 
members are secured with at least two bolts per connection, of the same 
size and strength as shown in the erection drawings, drawn up wrench-
tight or the equivalent as specified by the project structural engineer 
of record, except as specified in paragraph (b) of this section.
    (2) A competent person shall determine if more than two bolts are 
necessary to ensure the stability of cantilevered members; if additional 
bolts are needed, they shall be installed.
    (b) Diagonal bracing. Solid web structural members used as diagonal 
bracing shall be secured by at least one bolt per connection drawn up 
wrench-tight or the equivalent as specified by the project structural 
engineer of record.
    (c)(1) Double connections at columns and/or at beam webs over a 
column. When two structural members on opposite sides of a column web, 
or a beam web over a column, are connected sharing common connection 
holes, at least one bolt with its wrench-tight nut shall remain 
connected to the first member unless a shop-attached or field-attached 
seat or equivalent connection device is supplied with the member to 
secure the first member and prevent the column from being displaced (See 
appendix H to this subpart for examples of equivalent connection 
devices).
    (2) If a seat or equivalent device is used, the seat (or device) 
shall be designed to support the load during the double connection 
process. It shall be adequately bolted or welded to both a supporting 
member and the first member before the nuts on the shared bolts are 
removed to make the double connection.
    (d) Column splices. Each column splice shall be designed to resist a 
minimum eccentric gravity load of 300 pounds (136.2 kg) located 18 
inches (.46 m) from the extreme outer face of the column in each 
direction at the top of the column shaft.
    (e) Perimeter columns. Perimeter columns shall not be erected 
unless:
    (1) The perimeter columns extend a minimum of 48 inches (1.2 m) 
above the finished floor to permit installation of perimeter safety 
cables prior to erection of the next tier, except where constructibility 
does not allow (see appendix F to this subpart);
    (2) The perimeter columns have holes or other devices in or attached 
to perimeter columns at 42-45 inches (107-114 cm) above the finished 
floor and the midpoint between the finished floor and the top cable to 
permit installation of perimeter safety cables required by Sec.  
1926.760(a)(2), except where constructibility does not allow. (See 
appendix F to this subpart).



Sec.  1926.757  Open web steel joists.

    (a) General. (1) Except as provided in paragraph (a)(2) of this 
section, where steel joists are used and columns are not framed in at 
least two directions with solid web structural steel members, a steel 
joist shall be field-bolted at the column to provide lateral stability 
to the column during erection. For the installation of this joist:
    (i) A vertical stabilizer plate shall be provided on each column for 
steel joists. The plate shall be a minimum of 6 inch by 6 inch (152 mm 
by 152 mm) and shall extend at least 3 inches (76 mm) below the bottom 
chord of the joist with a \13/16\ inch (21 mm) hole to provide an 
attachment point for guying or plumbing cables.

[[Page 395]]

    (ii) The bottom chords of steel joists at columns shall be 
stabilized to prevent rotation during erection.
    (iii) Hoisting cables shall not be released until the seat at each 
end of the steel joist is field-bolted, and each end of the bottom chord 
is restrained by the column stabilizer plate.
    (2) Where constructibility does not allow a steel joist to be 
installed at the column:
    (i) an alternate means of stabilizing joists shall be installed on 
both sides near the column and shall:
    (A) provide stability equivalent to paragraph (a)(1) of this 
section;
    (B) be designed by a qualified person;
    (C) be shop installed; and
    (D) be included in the erection drawings.
    (ii) hoisting cables shall not be released until the seat at each 
end of the steel joist is field-bolted and the joist is stabilized.
    (3) Where steel joists at or near columns span 60 feet (18.3 m) or 
less, the joist shall be designed with sufficient strength to allow one 
employee to release the hoisting cable without the need for erection 
bridging.
    (4) Where steel joists at or near columns span more than 60 feet 
(18.3 m), the joists shall be set in tandem with all bridging installed 
unless an alternative method of erection, which provides equivalent 
stability to the steel joist, is designed by a qualified person and is 
included in the site-specific erection plan.
    (5) A steel joist or steel joist girder shall not be placed on any 
support structure unless such structure is stabilized.
    (6) When steel joist(s) are landed on a structure, they shall be 
secured to prevent unintentional displacement prior to installation.
    (7) No modification that affects the strength of a steel joist or 
steel joist girder shall be made without the approval of the project 
structural engineer of record.
    (8) Field-bolted joists. (i) Except for steel joists that have been 
pre-assembled into panels, connections of individual steel joists to 
steel structures in bays of 40 feet (12.2 m) or more shall be fabricated 
to allow for field bolting during erection.
    (ii) These connections shall be field-bolted unless constructibility 
does not allow.
    (9) Steel joists and steel joist girders shall not be used as 
anchorage points for a fall arrest system unless written approval to do 
so is obtained from a qualified person.
    (10) A bridging terminus point shall be established before bridging 
is installed. (See appendix C to this subpart.)
    (b) Attachment of steel joists and steel joist girders. (1) Each end 
of ``K'' series steel joists shall be attached to the support structure 
with a minimum of two \1/8\-inch (3 mm) fillet welds 1 inch (25 mm) long 
or with two \1/2\-inch (13 mm) bolts, or the equivalent.
    (2) Each end of ``LH'' and ``DLH'' series steel joists and steel 
joist girders shall be attached to the support structure with a minimum 
of two \1/4\-inch (6 mm) fillet welds 2 inches (51 mm) long, or with two 
\3/4\-inch (19 mm) bolts, or the equivalent.
    (3) Except as provided in paragraph (b)(4) of this section, each 
steel joist shall be attached to the support structure, at least at one 
end on both sides of the seat, immediately upon placement in the final 
erection position and before additional joists are placed.
    (4) Panels that have been pre-assembled from steel joists with 
bridging shall be attached to the structure at each corner before the 
hoisting cables are released.
    (c) Erection of steel joists. (1) Both sides of the seat of one end 
of each steel joist that requires bridging under Tables A and B shall be 
attached to the support structure before hoisting cables are released.
    (2) For joists over 60 feet, both ends of the joist shall be 
attached as specified in paragraph (b) of this section and the 
provisions of paragraph (d) of this section met before the hoisting 
cables are released.
    (3) On steel joists that do not require erection bridging under 
Tables A and B, only one employee shall be allowed on the joist until 
all bridging is installed and anchored.

[[Page 396]]



            Table A--Erection Bridging for Short Span Joists
------------------------------------------------------------------------
                   Joist                                 Span
------------------------------------------------------------------------
8L1........................................  NM
10K1.......................................  NM
12K1.......................................  23-0
12K3.......................................  NM
12K5.......................................  NM
14K1.......................................  27-0
14K3.......................................  NM
14K4.......................................  NM
14K6.......................................  NM
16K2.......................................  29-0
16K3.......................................  30-0
16K4.......................................  32-0
16K5.......................................  32-0
16K6.......................................  NM
16K7.......................................  NM
16K9.......................................  NM
18K3.......................................  31-0
18K4.......................................  32-0
18K5.......................................  33-0
18K6.......................................  35-0
18K7.......................................  NM
18K9.......................................  NM
18K10......................................  NM
20K3.......................................  32-0
20K4.......................................  34-0
20K5.......................................  34-0
20K6.......................................  36-0
20K7.......................................  39-0
20K9.......................................  39-0
20K10......................................  NM
22K4.......................................  34-0
22K5.......................................  35-0
22K6.......................................  36-0
22K7.......................................  40-0
22K9.......................................  40-0
22K10......................................  40-0
22K11......................................  40-0
24K4.......................................  36-0
24K5.......................................  38-0
24K6.......................................  39-0
24K7.......................................  43-0
24K8.......................................  43-0
24K9.......................................  44-0
24K10......................................  NM
24K12......................................  NM
26K5.......................................  38-0
26K6.......................................  39-0
26K7.......................................  43-0
26K8.......................................  44-0
26K9.......................................  45-0
26K10......................................  49-0
26K12......................................  NM
28K6.......................................  40-0
28K7.......................................  43-0
28K8.......................................  44-0
28K9.......................................  45-0
28K10......................................  49-0
28K12......................................  53-0
30K7.......................................  44-0
30K8.......................................  45-0
30K9.......................................  45-0
30K10......................................  50-0
30K11......................................  52-0
30K12......................................  54-0
10KCS1.....................................  NM
10KCS2.....................................  NM
10KCS3.....................................  NM
12KCS1.....................................  NM
12KCS2.....................................  NM
12KCS3.....................................  NM
14KCS1.....................................  NM
14KCS2.....................................  NM
14KCS3.....................................  NM
16KCS2.....................................  NM
16KCS3.....................................  NM
16KCS4.....................................  NM
16KCS5.....................................  NM
18KCS2.....................................  35-0
18KCS3.....................................  NM
18KCS4.....................................  NM
18KCS5.....................................  NM
20KCS2.....................................  36-0
20KCS3.....................................  39-0
20KCS4.....................................  NM
20KCS5.....................................  NM
22KCS2.....................................  36-0
22KCS3.....................................  40-0
22KCS4.....................................  NM
22KCS5.....................................  NM
24KCS2.....................................  39-0
24KCS3.....................................  44-0
24KCS4.....................................  NM
24KCS5.....................................  NM
26KCS2.....................................  39-0
26KCS3.....................................  44-0
26KCS4.....................................  NM
26KCS5.....................................  NM
28KCS2.....................................  40-0
28KCS3.....................................  45-0
28KCS4.....................................  53-0
28KCS5.....................................  53-0
30KC53.....................................  45-0
30KCS4.....................................  54-0
30KCS5.....................................  54-0
------------------------------------------------------------------------
NM = diagonal bolted bridging not mandatory.


             Table B--Erection Bridging for Long Span Joists
------------------------------------------------------------------------
                   Joist                                Span
------------------------------------------------------------------------
18LH02....................................  33-0.
18LH03....................................  NM.
18LH04....................................  NM.
18LH05....................................  NM.
18LH06....................................  NM.
18LH07....................................  NM.
18LH08....................................  NM.
18LH09....................................  NM.
20LH02....................................  33-0.
20LH03....................................  38-0.
20LH04....................................  NM.
20LH05....................................  NM.
20LH06....................................  NM.
20LH07....................................  NM.
20LH08....................................  NM.
20LH09....................................  NM.
20LH10....................................  NM.
24LH03....................................  35-0.
24LH04....................................  39-0.
24LH05....................................  40-0.
24LH06....................................  45-0.
24LH07....................................  NM.
24LH08....................................  NM.
24LH09....................................  NM.
24LH10....................................  NM.
24LH11....................................  NM.
28LH05....................................  42-0.
28LH06....................................  42-0.
28LH07....................................  NM.
28LH08....................................  NM.

[[Page 397]]

 
28LH09....................................  NM.
28LH10....................................  NM.
28LH11....................................  NM.
28LH12....................................  NM.
28LH13....................................  NM.
32LH06....................................  47-0 through 60-0.
32LH07....................................  47-0 through 60-0.
32LH08....................................  55-0 through 60-0.
32LH09....................................  NM through 60-0.
32LH10....................................  NM through 60-0.
32LH11....................................  NM through 60-0.
32LH12....................................  NM through 60-0.
32LH13....................................  NM through 60-0.
32LH14....................................  NM through 60-0.
32LH15....................................  NM through 60-0.
36LH07....................................  47-0 through 60-0.
36LH08....................................  47-0 through 60-0.
36LH09....................................  57-0 through 60-0.
36LH10....................................  NM through 60-0.
36LH11....................................  NM through 60-0.
36LH12....................................  NM through 60-0.
36LH13....................................  NM through 60-0.
36LH14....................................  NM through 60-0.
36LH15....................................  NM through 60-0.
------------------------------------------------------------------------
NM = diagonal bolted bridging not mandatory.

    (4) Employees shall not be allowed on steel joists where the span of 
the steel joist is equal to or greater than the span shown in Tables A 
and B except in accordance with Sec.  1926.757(d).
    (5) When permanent bridging terminus points cannot be used during 
erection, additional temporary bridging terminus points are required to 
provide stability. (See appendix C of this subpart.)
    (d) Erection bridging. (1) Where the span of the steel joist is 
equal to or greater than the span shown in Tables A and B, the following 
shall apply:
    (i) A row of bolted diagonal erection bridging shall be installed 
near the midspan of the steel joist;
    (ii) Hoisting cables shall not be released until this bolted 
diagonal erection bridging is installed and anchored; and
    (iii) No more than one employee shall be allowed on these spans 
until all other bridging is installed and anchored.
    (2) Where the span of the steel joist is over 60 feet (18.3 m) 
through 100 feet (30.5 m), the following shall apply:
    (i) All rows of bridging shall be bolted diagonal bridging;
    (ii) Two rows of bolted diagonal erection bridging shall be 
installed near the third points of the steel joist;
    (iii) Hoisting cables shall not be released until this bolted 
diagonal erection bridging is installed and anchored; and
    (iv) No more than two employees shall be allowed on these spans 
until all other bridging is installed and anchored.
    (3) Where the span of the steel joist is over 100 feet (30.5 m) 
through 144 feet (43.9 m), the following shall apply:
    (i) All rows of bridging shall be bolted diagonal bridging;
    (ii) Hoisting cables shall not be released until all bridging is 
installed and anchored; and
    (iii) No more than two employees shall be allowed on these spans 
until all bridging is installed and anchored.
    (4) For steel members spanning over 144 feet (43.9 m), the erection 
methods used shall be in accordance with Sec.  1926.756.
    (5) Where any steel joist specified in paragraphs (c)(2) and (d)(1), 
(d)(2), and (d)(3) of this section is a bottom chord bearing joist, a 
row of bolted diagonal bridging shall be provided near the support(s). 
This bridging shall be installed and anchored before the hoisting 
cable(s) is released.
    (6) When bolted diagonal erection bridging is required by this 
section, the following shall apply:
    (i) The bridging shall be indicated on the erection drawing;
    (ii) The erection drawing shall be the exclusive indicator of the 
proper placement of this bridging;
    (iii) Shop-installed bridging clips, or functional equivalents, 
shall be used where the bridging bolts to the steel joists;
    (iv) When two pieces of bridging are attached to the steel joist by 
a common bolt, the nut that secures the first piece of bridging shall 
not be removed from the bolt for the attachment of the second; and
    (v) Bridging attachments shall not protrude above the top chord of 
the steel joist.
    (e) Landing and placing loads. (1) During the construction period, 
the employer placing a load on steel joists shall ensure that the load 
is distributed so as not to exceed the carrying capacity of any steel 
joist.

[[Page 398]]

    (2) Except for paragraph (e)(4) of this section, no construction 
loads are allowed on the steel joists until all bridging is installed 
and anchored and all joist-bearing ends are attached.
    (3) The weight of a bundle of joist bridging shall not exceed a 
total of 1,000 pounds (454 kg). A bundle of joist bridging shall be 
placed on a minimum of three steel joists that are secured at one end. 
The edge of the bridging bundle shall be positioned within 1 foot (.30 
m) of the secured end.
    (4) No bundle of decking may be placed on steel joists until all 
bridging has been installed and anchored and all joist bearing ends 
attached, unless all of the following conditions are met:
    (i) The employer has first determined from a qualified person and 
documented in a site-specific erection plan that the structure or 
portion of the structure is capable of supporting the load;
    (ii) The bundle of decking is placed on a minimum of three steel 
joists;
    (iii) The joists supporting the bundle of decking are attached at 
both ends;
    (iv) At least one row of bridging is installed and anchored;
    (v) The total weight of the bundle of decking does not exceed 4,000 
pounds (1816 kg); and
    (vi) Placement of the bundle of decking shall be in accordance with 
paragraph (e)(5) of this section.
    (5) The edge of the construction load shall be placed within 1 foot 
(.30 m) of the bearing surface of the joist end.

[66 FR 5265, Jan. 18, 2001, as amended at 85 FR 8745, Feb. 18, 2020]



Sec.  1926.758  Systems-engineered metal buildings.

    (a) All of the requirements of this subpart apply to the erection of 
systems-engineered metal buildings except Sec. Sec.  1926.755 (column 
anchorage) and 1926.757 (open web steel joists).
    (b) Each structural column shall be anchored by a minimum of four 
anchor rods (anchor bolts).
    (c) Rigid frames shall have 50 percent of their bolts or the number 
of bolts specified by the manufacturer (whichever is greater) installed 
and tightened on both sides of the web adjacent to each flange before 
the hoisting equipment is released.
    (d) Construction loads shall not be placed on any structural steel 
framework unless such framework is safely bolted, welded or otherwise 
adequately secured.
    (e) In girt and eave strut-to-frame connections, when girts or eave 
struts share common connection holes, at least one bolt with its wrench-
tight nut shall remain connected to the first member unless a 
manufacturer-supplied, field-attached seat or similar connection device 
is present to secure the first member so that the girt or eave strut is 
always secured against displacement.
    (f) Both ends of all steel joists or cold-formed joists shall be 
fully bolted and/or welded to the support structure before:
    (1) Releasing the hoisting cables;
    (2) Allowing an employee on the joists; or
    (3) Allowing any construction loads on the joists.
    (g) Purlins and girts shall not be used as an anchorage point for a 
fall arrest system unless written approval is obtained from a qualified 
person.
    (h) Purlins may only be used as a walking/working surface when 
installing safety systems, after all permanent bridging has been 
installed and fall protection is provided.
    (i) Construction loads may be placed only within a zone that is 
within 8 feet (2.5 m) of the center-line of the primary support member.



Sec.  1926.759  Falling object protection.

    (a) Securing loose items aloft. All materials, equipment, and tools, 
which are not in use while aloft, shall be secured against accidental 
displacement.
    (b) Protection from falling objects other than materials being 
hoisted. The controlling contractor shall bar other construction 
processes below steel erection unless overhead protection for the 
employees below is provided.



Sec.  1926.760  Fall protection.

    (a) General requirements. (1) Except as provided by paragraph (a)(3) 
of this section, each employee engaged in a steel erection activity who 
is on a walking/working surface with an unprotected side or edge more 
than 15 feet (4.6 m) above a lower level shall be protected

[[Page 399]]

from fall hazards by guardrail systems, safety net systems, personal 
fall arrest systems, positioning device systems or fall restraint 
systems.
    (2) Perimeter safety cables. On multi-story structures, perimeter 
safety cables shall be installed at the final interior and exterior 
perimeters of the floors as soon as the metal decking has been 
installed.
    (3) Connectors and employees working in controlled decking zones 
shall be protected from fall hazards as provided in paragraphs (b) and 
(c) of this section, respectively.
    (b) Connectors. Each connector shall:
    (1) Be protected in accordance with paragraph (a)(1) of this section 
from fall hazards of more than two stories or 30 feet (9.1 m) above a 
lower level, whichever is less;
    (2) Have completed connector training in accordance with Sec.  
1926.761; and
    (3) Be provided, at heights over 15 and up to 30 feet above a lower 
level, with a personal fall arrest system, positioning device system or 
fall restraint system and wear the equipment necessary to be able to be 
tied off; or be provided with other means of protection from fall 
hazards in accordance with paragraph (a)(1) of this section.
    (c) Controlled Decking Zone (CDZ). A controlled decking zone may be 
established in that area of the structure over 15 and up to 30 feet 
above a lower level where metal decking is initially being installed and 
forms the leading edge of a work area. In each CDZ, the following shall 
apply:
    (1) Each employee working at the leading edge in a CDZ shall be 
protected from fall hazards of more than two stories or 30 feet (9.1 m), 
whichever is less.
    (2) Access to a CDZ shall be limited to only those employees engaged 
in leading edge work.
    (3) The boundaries of a CDZ shall be designated and clearly marked. 
The CDZ shall not be more than 90 feet (27.4 m) wide and 90 (27.4 m) 
feet deep from any leading edge. The CDZ shall be marked by the use of 
control lines or the equivalent. Examples of acceptable procedures for 
demarcating CDZ's can be found in appendix D to this subpart.
    (4) Each employee working in a CDZ shall have completed CDZ training 
in accordance with Sec.  1926.761.
    (5) Unsecured decking in a CDZ shall not exceed 3,000 square feet 
(914.4 m\2\).
    (6) Safety deck attachments shall be performed in the CDZ from the 
leading edge back to the control line and shall have at least two 
attachments for each metal decking panel.
    (7) Final deck attachments and installation of shear connectors 
shall not be performed in the CDZ.
    (d) Criteria for fall protection equipment. (1) Guardrail systems, 
safety net systems, personal fall arrest systems, positioning device 
systems and their components shall conform to the criteria in Sec.  
1926.502 (see appendix G to this subpart).
    (2) Fall arrest system components shall be used in fall restraint 
systems and shall conform to the criteria in Sec.  1926.502 (see 
appendix G). Either body belts or body harnesses shall be used in fall 
restraint systems.
    (3) Perimeter safety cables shall meet the criteria for guardrail 
systems in Sec.  1926.502 (see appendix G).
    (e) Custody of fall protection. Fall protection provided by the 
steel erector shall remain in the area where steel erection activity has 
been completed, to be used by other trades, only if the controlling 
contractor or its authorized representative:
    (1) Has directed the steel erector to leave the fall protection in 
place; and
    (2) Has inspected and accepted control and responsibility of the 
fall protection prior to authorizing persons other than steel erectors 
to work in the area.



Sec.  1926.761  Training.

    The following provisions supplement the requirements of Sec.  
1926.21 regarding the hazards addressed in this subpart.
    (a) Training personnel. Training required by this section shall be 
provided by a qualified person(s).
    (b) Fall hazard training. The employer shall train each employee 
exposed to a fall hazard in accordance with the requirements of this 
section. The employer shall institute a training program and ensure 
employee participation in the program. The program shall

[[Page 400]]

include training and instruction in the following areas:
    (1) The recognition and identification of fall hazards in the work 
area;
    (2) The use and operation of guardrail systems (including perimeter 
safety cable systems), personal fall arrest systems, positioning device 
systems, fall restraint systems, safety net systems, and other 
protection to be used;
    (3) The correct procedures for erecting, maintaining, disassembling, 
and inspecting the fall protection systems to be used;
    (4) The procedures to be followed to prevent falls to lower levels 
and through or into holes and openings in walking/working surfaces and 
walls; and
    (5) The fall protection requirements of this subpart.
    (c) Special training programs. In addition to the training required 
in paragraphs (a) and (b) of this section, the employer shall provide 
special training to employees engaged in the following activities.
    (1) Multiple lift rigging procedure. The employer shall ensure that 
each employee who performs multiple lift rigging has been provided 
training in the following areas:
    (i) The nature of the hazards associated with multiple lifts; and
    (ii) The proper procedures and equipment to perform multiple lifts 
required by Sec.  1926.753(e).
    (2) Connector procedures. The employer shall ensure that each 
connector has been provided training in the following areas:
    (i) The nature of the hazards associated with connecting; and
    (ii) The establishment, access, proper connecting techniques and 
work practices required by Sec.  1926.756(c) and Sec.  1926.760(b).
    (3) Controlled Decking Zone Procedures. Where CDZs are being used, 
the employer shall assure that each employee has been provided training 
in the following areas:
    (i) The nature of the hazards associated with work within a 
controlled decking zone; and
    (ii) The establishment, access, proper installation techniques and 
work practices required by Sec.  1926.760(c) and Sec.  1926.754(e).

[66 FR 5265, Jan. 18, 2001, as amended at 73 FR 75589, Dec. 12, 2008; 85 
FR 8745, Feb. 18, 2020]



 Sec. Appendix A to Subpart R of Part 1926--Guidelines for Establishing 
     the Components of a Site-specific Erection Plan: Non-mandatory 
             Guidelines for Complying With Sec.  1926.752(e)

    (a) General. This appendix serves as a guideline to assist employers 
who elect to develop a site-specific erection plan in accordance with 
Sec.  1926.752(e) with alternate means and methods to provide employee 
protection in accordance with Sec.  1926.752(e), Sec.  1926.753(c)(5), 
Sec.  1926.757(a)(4) and Sec.  1926.757(e)(4).
    (b) Development of a site-specific erection plan. Pre-construction 
conference(s) and site inspection(s) are held between the erector and 
the controlling contractor, and others such as the project engineer and 
fabricator before the start of steel erection. The purpose of such 
conference(s) is to develop and review the site-specific erection plan 
that will meet the requirements of this section.
    (c) Components of a site-specific erection plan. In developing a 
site-specific erection plan, a steel erector considers the following 
elements:
    (1) The sequence of erection activity, developed in coordination 
with the controlling contractor, that includes the following:
    (i) Material deliveries:
    (ii) Material staging and storage; and
    (iii) Coordination with other trades and construction activities.
    (2) A description of the crane and derrick selection and placement 
procedures, including the following:
    (i) Site preparation;
    (ii) Path for overhead loads; and
    (iii) Critical lifts, including rigging supplies and equipment.
    (3) A description of steel erection activities and procedures, 
including the following:
    (i) Stability considerations requiring temporary bracing and guying;
    (ii) Erection bridging terminus point;
    (iii) Anchor rod (anchor bolt) notifications regarding repair, 
replacement and modifications;
    (iv) Columns and beams (including joists and purlins);
    (v) Connections;
    (vi) Decking; and
    (vii) Ornamental and miscellaneous iron.
    (4) A description of the fall protection procedures that will be 
used to comply with Sec.  1926.760.
    (5) A description of the procedures that will be used to comply with 
Sec.  1926.759.

[[Page 401]]

    (6) A description of the special procedures required for hazardous 
non-routine tasks.
    (7) A certification for each employee who has received training for 
performing steel erection operations as required by Sec.  1926.761.
    (8) A list of the qualified and competent persons.
    (9) A description of the procedures that will be utilized in the 
event of rescue or emergency response.
    (d) Other plan information. The plan:
    (1) Includes the identification of the site and project; and
    (2) Is signed and dated by the qualified person(s) responsible for 
its preparation and modification.



          Sec. Appendix B to Subpart R of Part 1926 [Reserved]

[[Page 402]]



  Sec. Appendix C to Subpart R of Part 1926--Illustrations of Bridging 
Terminus Points: Non-mandatory Guidelines for Complying With Sec. Sec.  
                1926.757(a)(10) and Sec.  1926.757(c)(5)
[GRAPHIC] [TIFF OMITTED] TR18JA01.021


[[Page 403]]


[GRAPHIC] [TIFF OMITTED] TR18JA01.022


[[Page 404]]


[GRAPHIC] [TIFF OMITTED] TR18JA01.023



 Sec. Appendix D to Subpart R of Part 1926--Illustration of the Use of 
    Control Lines To Demarcate Controlled Decking Zones (CDZs): Non-
      mandatory Guidelines for Complying With Sec.  1926.760(c)(3)

    (1) When used to control access to areas where leading edge and 
initial securement of metal deck and other operations connected with 
leading edge work are taking place, the controlled decking zone (CDZ) is 
defined by a control line or by any other means that restricts access.
    (i) A control line for a CDZ is erected not less than 6 feet (1.8 m) 
nor more than 90 feet (27.4 m) from the leading edge.
    (ii) Control lines extend along the entire length of the unprotected 
or leading edge

[[Page 405]]

and are approximately parallel to the unprotected or leading edge.
    (iii) Control lines are connected on each side to a guardrail 
system, wall, stanchion or other suitable anchorage.
    (2) Control lines consist of ropes, wires, tapes, or equivalent 
materials, and supporting stanchions as follows:
    (i) Each line is rigged and supported in such a way that its lowest 
point (including sag) is not less than 39 inches (1.0 m) from the 
walking/working surface and its highest point is not more than 45 inches 
(1.3 m) from the walking/working surface.
    (ii) Each line has a minimum breaking strength of 200 pounds (90.8 
kg).



   Sec. Appendix E to Subpart R of Part 1926--Training: Non-mandatory 
              Guidelines for Complying With Sec.  1926.761

    The training requirements of Sec.  1926.761 will be deemed to have 
been met if employees have completed a training course on steel 
erection, including instruction in the provisions of this standard, that 
has been approved by the U.S. Department of Labor Bureau of 
Apprenticeship.



   Sec. Appendix F to Subpart R of Part 1926--Perimeter Columns: Non-
Mandatory Guidelines for Complying With Sec.  1926.756(e) To Protect the 
          Unprotected Side or Edge of a Walking/Working Surface

    In multi-story structures, when holes in the column web are used for 
perimeter safety cables, the column splice must be placed sufficiently 
high so as not to interfere with any attachments to the column necessary 
for the column splice. Column splices are recommended to be placed at 
every other or fourth levels as design allows. Column splices at third 
levels are detrimental to the erection process and should be avoided if 
possible.



 Sec. Appendix G to Subpart R of Part 1926--Sec.  1926.502 (b)-(e) Fall 
                Protection Systems Criteria and Practices

    (b) ``Guardrail systems.'' Guardrail systems and their use shall 
comply with the following provisions:
    (1) Top edge height of top rails, or equivalent guardrail system 
members, shall be 42 inches (1.1 m) plus or minus 3 inches (8 cm) above 
the walking/working level. When conditions warrant, the height of the 
top edge may exceed the 45-inch height, provided the guardrail system 
meets all other criteria of this paragraph (Sec.  1926.502(b)).

    Note: When employees are using stilts, the top edge height of the 
top rail, or equivalent member, shall be increased an amount equal to 
the height of the stilts.

    (2) Midrails, screens, mesh, intermediate vertical members, or 
equivalent intermediate structural members shall be installed between 
the top edge of the guardrail system and the walking/working surface 
when there is no wall or parapet wall at least 21 inches (53 cm) high.
    (i) Midrails, when used, shall be installed at a height midway 
between the top edge of the guardrail system and the walking/working 
level.
    (ii) Screens and mesh, when used, shall extend from the top rail to 
the walking/working level and along the entire opening between top rail 
supports.
    (iii) Intermediate members (such as balusters), when used between 
posts, shall be not more than 19 inches (48 cm) apart.
    (iv) Other structural members (such as additional midrails and 
architectural panels) shall be installed such that there are no openings 
in the guardrail system that are more than 19 inches (.5 m) wide.
    (3) Guardrail systems shall be capable of withstanding, without 
failure, a force of at least 200 pounds (890 N) applied within 2 inches 
(5.1 cm) of the top edge, in any outward or downward direction, at any 
point along the top edge.
    (4) When the 200 pound (890 N) test load specified in paragraph 
(b)(3) of this section (Sec.  1926.502) is applied in a downward 
direction, the top edge of the guardrail shall not deflect to a height 
less than 39 inches (1.0 m) above the walking/working level. Guardrail 
system components selected and constructed in accordance with the 
appendix B to subpart M of this part will be deemed to meet this 
requirement.
    (5) Midrails, screens, mesh, intermediate vertical members, solid 
panels, and equivalent structural members shall be capable of 
withstanding, without failure, a force of at least 150 pounds (666 N) 
applied in any downward or outward direction at any point along the 
midrail or other member.
    (6) Guardrail systems shall be so surfaced as to prevent injury to 
an employee from punctures or lacerations, and to prevent snagging of 
clothing.
    (7) The ends of all top rails and midrails shall not overhang the 
terminal posts, except where such overhang does not constitute a 
projection hazard.
    (8) Steel banding and plastic banding shall not be used as top rails 
or midrails.
    (9) Top rails and midrails shall be at least one-quarter inch (0.6 
cm) nominal diameter or thickness to prevent cuts and lacerations. If 
wire rope is used for top rails, it shall be flagged at not more than 6-
foot intervals with high-visibility material.

[[Page 406]]

    (10) When guardrail systems are used at hoisting areas, a chain, 
gate or removable guardrail section shall be placed across the access 
opening between guardrail sections when hoisting operations are not 
taking place.
    (11) When guardrail systems are used at holes, they shall be erected 
on all unprotected sides or edges of the hole.
    (12) When guardrail systems are used around holes used for the 
passage of materials, the hole shall have not more than two sides 
provided with removable guardrail sections to allow the passage of 
materials. When the hole is not in use, it shall be closed over with a 
cover, or a guardrail system shall be provided along all unprotected 
sides or edges.
    (13) When guardrail systems are used around holes which are used as 
points of access (such as ladderways), they shall be provided with a 
gate, or be so offset that a person cannot walk directly into the hole.
    (14) Guardrail systems used on ramps and runways shall be erected 
along each unprotected side or edge.
    (15) Manila, plastic or synthetic rope being used for top rails or 
midrails shall be inspected as frequently as necessary to ensure that it 
continues to meet the strength requirements of paragraph (b)(3) of this 
section (Sec.  1926.502).
    (c) Safety net systems. Safety net systems and their use shall 
comply with the following provisions:
    (1) Safety nets shall be installed as close as practicable under the 
walking/working surface on which employees are working, but in no case 
more than 30 feet (9.1 m) below such level. When nets are used on 
bridges, the potential fall area from the walking/working surface to the 
net shall be unobstructed.
    (2) Safety nets shall extend outward from the outermost projection 
of the work surface as follows:

------------------------------------------------------------------------
                                             Minimum required horizontal
  Vertical distance from working level to     distance of outer edge of
          horizontal plane of net             net from the edge of the
                                                   working surface
------------------------------------------------------------------------
Up to 5 feet..............................  8 feet
More than 5 feet up to 10 feet............  10 feet
More than 10 feet.........................  13 feet
------------------------------------------------------------------------

    (3) Safety nets shall be installed with sufficient clearance under 
them to prevent contact with the surface or structures below when 
subjected to an impact force equal to the drop test specified in 
paragraph (4) of this section [Sec.  1926.502].
    (4) Safety nets and their installations shall be capable of 
absorbing an impact force equal to that produced by the drop test 
specified in paragraph (c)(4)(i) of this section [Sec.  1926.502].
    (i) Except as provided in paragraph (c)(4)(ii) of this section 
(Sec.  1926.502), safety nets and safety net installations shall be 
drop-tested at the jobsite after initial installation and before being 
used as a fall protection system, whenever relocated, after major 
repair, and at 6-month intervals if left in one place. The drop-test 
shall consist of a 400 pound (180 kg) bag of sand 30 + or -2 inches (76 
+ or -5 cm) in diameter dropped into the net from the highest walking/
working surface at which employees are exposed to fall hazards, but not 
from less than 42 inches (1.1 m) above that level.
    (ii) When the employer can demonstrate that it is unreasonable to 
perform the drop-test required by paragraph (c)(4)(i) of this section 
(Sec.  1926.502), the employer (or a designated competent person) shall 
certify that the net and net installation is in compliance with the 
provisions of paragraphs (c)(3) and (c)(4)(i) of this section (Sec.  
1926.502) by preparing a certification record prior to the net being 
used as a fall protection system. The certification record must include 
an identification of the net and net installation for which the 
certification record is being prepared; the date that it was determined 
that the identified net and net installation were in compliance with 
paragraph (c)(3) of this section (Sec.  1926.502) and the signature of 
the person making the determination and certification. The most recent 
certification record for each net and net installation shall be 
available at the jobsite for inspection.
    (5) Defective nets shall not be used. Safety nets shall be inspected 
at least once a week for wear, damage, and other deterioration. 
Defective components shall be removed from service. Safety nets shall 
also be inspected after any occurrence which could affect the integrity 
of the safety net system.
    (6) Materials, scrap pieces, equipment, and tools which have fallen 
into the safety net shall be removed as soon as possible from the net 
and at least before the next work shift.
    (7) The maximum size of each safety net mesh opening shall not 
exceed 36 square inches (230 cm) nor be longer than 6 inches (15 cm) on 
any side, and the opening, measured center-to-center of mesh ropes or 
webbing, shall not be longer than 6 inches (15 cm). All mesh crossings 
shall be secured to prevent enlargement of the mesh opening.
    (8) Each safety net (or section of it) shall have a border rope for 
webbing with a minimum breaking strength of 5,000 pounds (22.2 kN).
    (9) Connections between safety net panels shall be as strong as 
integral net components and shall be spaced not more than 6 inches (15 
cm) apart.
    (d) ``Personal fall arrest systems.'' Personal fall arrest systems 
and their use shall comply with the provisions set forth below. 
Effective January 1, 1998, body belts are not

[[Page 407]]

acceptable as part of a personal fall arrest system.

    Note: The use of a body belt in a positioning device system is 
acceptable and is regulated under paragraph (e) of this section (Sec.  
1926.502).

    (1) Connectors shall be drop forged, pressed or formed steel, or 
made of equivalent materials.
    (2) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to interfacing 
parts of the system.
    (3) Dee-rings and snaphooks shall have a minimum tensile strength of 
5,000 pounds (22.2 kN).
    (4) Dee-rings and snaphooks shall be proof-tested to a minimum 
tensile load of 3,600 pounds (16 kN) without cracking, breaking, or 
taking permanent deformation.
    (5) Snaphooks shall be sized to be compatible with the member to 
which they are connected to prevent unintentional disengagement of the 
snaphook by depression of the snaphook keeper by the connected member, 
or shall be a locking type snaphook designed and used to prevent 
disengagement of the snaphook by the contact of the snaphook keeper by 
the connected member. Effective January 1, 1998, only locking type 
snaphooks shall be used.
    (6) Unless the snaphook is a locking type and designed for the 
following connections, snaphooks shall not be engaged:
    (i) directly to webbing, rope or wire rope;
    (ii) to each other;
    (iii) to a dee-ring to which another snaphook or other connector is 
attached;
    (iv) to a horizontal lifeline; or
    (v) to any object which is incompatibly shaped or dimensioned in 
relation to the 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 which may become vertical lifelines, the devices used to 
connect to a horizontal lifeline shall be capable of locking in both 
directions on the lifeline.
    (8) Horizontal lifelines shall be designed, installed, and used, 
under the supervision of a qualified person, as part of a complete 
personal fall arrest system, which maintains a safety factor of at least 
two.
    (9) Lanyards and vertical lifelines shall have a minimum breaking 
strength of 5,000 pounds (22.2 kN).
    (10)(i) Except as provided in paragraph (d)(10)(ii) of this section 
[Sec.  1926.502], when vertical lifelines are used, each employee shall 
be attached to a separate lifeline.
    (ii) During the construction of elevator shafts, two employees may 
be attached to the same lifeline in the hoistway, provided both 
employees are working atop a false car that is equipped with guardrails; 
the strength of the lifeline is 10,000 pounds [5,000 pounds per employee 
attached] (44.4 kN); and all other criteria specified in this paragraph 
for lifelines have been met.
    (11) Lifelines shall be protected against being cut or abraded.
    (12) Self-retracting lifelines and lanyards which automatically 
limit free fall distance to 2 feet (0.61 m) or less shall be capable of 
sustaining a minimum tensile load of 3,000 pounds (13.3 kN) applied to 
the device with the lifeline or lanyard in the fully extended position.
    (13) 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 
tensile load of 5,000 pounds (22.2 kN) applied to the device with the 
lifeline or lanyard in the fully extended position.
    (14) Ropes and straps (webbing) used in lanyards, lifelines, and 
strength components of body belts and body harnesses shall be made from 
synthetic fibers.
    (15) Anchorages used for attachment of personal fall arrest 
equipment shall be independent of any anchorage being used to support or 
suspend platforms and capable of supporting at least 5,000 pounds (22.2 
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 supervision of a qualified person.
    (16) Personal fall arrest systems, when stopping a fall, shall:
    (i) limit maximum arresting force on an employee to 900 pounds (4 
kN) when used with a body belt;
    (ii) limit maximum arresting force on an employee to 1,800 pounds (8 
kN) when used with a body harness;
    (iii) be rigged such that an employee can neither free fall more 
than 6 feet (1.8 m), nor contact any lower level;
    (iv) bring an employee to a complete stop and limit maximum 
deceleration distance an employee travels to 3.5 feet (1.07 m); and,
    (v) have sufficient strength to withstand twice the potential impact 
energy of an employee free falling a distance of 6 feet (1.8 m), or the 
free fall distance permitted by the system, whichever is less.

    Note: If the personal fall arrest system meets the criteria and 
protocols contained in appendix C to subpart M, and if the system is 
being used by an employee having a combined person and tool weight of 
less than 310 pounds (140 kg), the system will be considered to be in 
compliance with the provisions of paragraph (d)(16) of this section 
[Sec.  1926.502].

[[Page 408]]

If the system is used by an employee having a combined tool and body 
weight of 310 pounds (140 kg) or more, then the employer must 
appropriately modify the criteria and protocols of the appendix to 
provide proper protection for such heavier weights, or the system will 
not be deemed to be in compliance with the requirements of paragraph 
(d)(16) of this section (Sec.  1926.502).

    (17) The attachment point of the body belt shall be located in the 
center of the wearer's back. The attachment point of the body harness 
shall be located in the center of the wearer's back near shoulder level, 
or above the wearer's head.
    (18) Body belts, harnesses, and components shall be used only for 
employee protection (as part of a personal fall arrest system or 
positioning device system) and not to hoist materials.
    (19) 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 
competent person to be undamaged and suitable for reuse.
    (20) The employer shall provide for prompt rescue of employees in 
the event of a fall or shall assure that employees are able to rescue 
themselves.
    (21) Personal fall arrest systems shall be inspected prior to each 
use for wear, damage and other deterioration, and defective components 
shall be removed from service.
    (22) Body belts shall be at least one and five-eighths (1\5/8\) 
inches (4.1 cm) wide.
    (23) Personal fall arrest systems shall not be attached to guardrail 
systems, nor shall they be attached to hoists except as specified in 
other subparts of this Part.
    (24) When a personal fall arrest system is used at hoist areas, it 
shall be rigged to allow the movement of the employee only as far as the 
edge of the walking/working surface.
    (e) Positioning device systems. Positioning device systems and their 
use shall conform to the following provisions:
    (1) Positioning devices shall be rigged such that an employee cannot 
free fall more than 2 feet (.9 m).
    (2) Positioning devices shall be secured to an anchorage capable of 
supporting at least twice the potential impact load of an employee's 
fall or 3,000 pounds (13.3 kN), whichever is greater.
    (3) Connectors shall be drop forged, pressed or formed steel, or 
made of equivalent materials.
    (4) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to interfacing 
parts of this system.
    (5) Connecting assemblies shall have a minimum tensile strength of 
5,000 pounds (22.2 kN)
    (6) Dee-rings and snaphooks shall be proof-tested to a minimum 
tensile load of 3,600 pounds (16 kN) without cracking, breaking, or 
taking permanent deformation.
    (7) Snaphooks shall be sized to be compatible with the member to 
which they are connected to prevent unintentional disengagement of the 
snaphook by depression of the snaphook keeper by the connected member, 
or shall be a locking type snaphook designed and used to prevent 
disengagement of the snaphook by the contact of the snaphook keeper by 
the connected member. As of January 1, 1998, only locking type snaphooks 
shall be used.
    (8) Unless the snaphook is a locking type and designed for the 
following connections, snaphooks shall not be engaged:
    (i) directly to webbing, rope or wire rope;
    (ii) to each other;
    (iii) to a dee-ring to which another snaphook or other connector is 
attached;
    (iv) to a horizontal lifeline; or to depress the snaphook keeper and 
release itself.
    (v) to any object which 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.
    (9) Positioning device systems shall be inspected prior to each use 
for wear, damage, and other deterioration, and defective components 
shall be removed from service.
    (10) Body belts, harnesses, and components shall be used only for 
employee protection (as part of a personal fall arrest system or 
positioning device system) and not to hoist materials.

[[Page 409]]



     Sec. Appendix H to Subpart R of Part 1926--Double Connections: 
  Illustration of a Clipped End Connection and a Staggered Connection: 
    Non-Mandatory Guidelines for Complying With Sec.  1926.756(c)(1)
[GRAPHIC] [TIFF OMITTED] TR18JA01.024

    Clipped end connections are connection material on the end of a 
structural member which has a notch at the bottom and/or top to allow 
the bolt(s) of the first member placed on the opposite side of the 
central member to remain in place. The notch(es) fits around the nut or 
bolt head of the opposing member to allow the second member to be bolted 
up without removing the bolt(s) holding the first member.
[GRAPHIC] [TIFF OMITTED] TR18JA01.025

    Staggered connections are connection material on a structural member 
in which all of the bolt holes in the common member web are not shared 
by the two incoming members in the final connection. The extra hole in 
the column web allows the erector to maintain at least a one bolt 
connection at all times while making the double connection.

[[Page 410]]



Subpart S_Underground Construction, Caissons, Cofferdams and Compressed 
                                   Air

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and Secretary of 
Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), or 1-
2012 (77 FR 3912), as applicable.



Sec.  1926.800  Underground construction.

    (a) Scope and application. (1) This section applies to the 
construction of underground tunnels, shafts, chambers, and passageways. 
This section also applies to cut-and-cover excavations which are both 
physically connected to ongoing underground construction operations 
within the scope of this section, and covered in such a manner as to 
create conditions characteristic of underground construction.
    (2) This section does not apply to the following:
    (i) Excavation and trenching operations covered by subpart P of this 
part, such as foundation operations for above-ground structures that are 
not physically connected to underground construction operations, and 
surface excavation; nor
    (ii) Underground electrical transmission and distribution lines, as 
addressed in subpart V of this part.
    (b) Access and egress. (1) The employer shall provide and maintain 
safe means of access and egress to all work stations.
    (2) The employer shall provide access and egress in such a manner 
that employees are protected from being struck by excavators, haulage 
machines, trains and other mobile equipment.
    (3) The employer shall control access to all openings to prevent 
unauthorized entry underground. Unused chutes, manways, or other 
openings shall be tightly covered, bulkheaded, or fenced off, and shall 
be posted with warning signs indicating ``Keep Out'' or similar 
language. Completed or unused sections of the underground facility shall 
be barricaded.
    (c) Check-in/check-out. The employer shall maintain a check-in/
check-out procedure that will ensure that above-ground personnel can 
determine an accurate count of the number of persons underground in the 
event of an emergency. However, this procedure is not required when the 
construction of underground facilities designed for human occupancy has 
been sufficiently completed so that the permanent environmental controls 
are effective, and when the remaining construction activity will not 
cause any environmental hazard or structural failure within the 
facilities.
    (d) Safety instruction. All employees shall be instructed in the 
recognition and avoidance of hazards associated with underground 
construction activities including, where appropriate, the following 
subjects:
    (1) Air monitoring;
    (2) Ventilation;
    (3) Illumination;
    (4) Communications;
    (5) Flood control;
    (6) Mechanical equipment;
    (7) Personal protective equipment;
    (8) Explosives;
    (9) Fire prevention and protection; and
    (10) Emergency procedures, including evacuation plans and check-in/
check-out systems.
    (e) Notification. (1) Oncoming shifts shall be informed of any 
hazardous occurrences or conditions that have affected or might affect 
employee safety, including liberation of gas, equipment failures, earth 
or rock slides, cave-ins, floodings, fires or explosions.
    (2) The employer shall establish and maintain direct communications 
for coordination of activities with other employers whose operations at 
the jobsite affect or may affect the safety of employees underground.
    (f) Communications. (1) When natural unassisted voice communication 
is ineffective, a power-assisted means of voice communication shall be 
used to provide communication between the work face, the bottom of the 
shaft, and the surface.
    (2) Two effective means of communication, at least one of which 
shall be voice communication, shall be provided in all shafts which are 
being developed or used either for personnel access or for hoisting. 
Additional requirements for hoist operator communication are

[[Page 411]]

contained in paragraph (t)(3)(xiv) of this section.
    (3) Powered communication systems shall operate on an independent 
power supply, and shall be installed so that the use of or disruption of 
any one phone or signal location will not disrupt the operation of the 
system from any other location.
    (4) Communication systems shall be tested upon initial entry of each 
shift to the underground, and as often as necessary at later times, to 
ensure that they are in working order.
    (5) Any employee working alone underground in a hazardous location, 
who is both out of the range of natural unassisted voice communication 
and not under observation by other persons, shall be provided with an 
effective means of obtaining assistance in an emergency.
    (g) Emergency provisions--(1) Hoisting capability. When a shaft is 
used as a means of egress, the employer shall make advance arrangements 
for power-assisted hoisting capability to be readily available in an 
emergency, unless the regular hoisting means can continue to function in 
the event of an electrical power failure at the jobsite. Such hoisting 
means shall be designed so that the load hoist drum is powered in both 
directions of rotation and so that the brake is automatically applied 
upon power release or failure.
    (2) Self-rescuers. The employer must provide self-rescuers approved 
by the National Institute for Occupational Safety and Health under 42 
CFR part 84. The respirators must be immediately available to all 
employees at work stations in underground areas where employees might be 
trapped by smoke or gas. The selection, issuance, use, and care of 
respirators must be in accordance with 29 CFR 1926.103.
    (3) Designated person. At least one designated person shall be on 
duty above ground whenever any employee is working underground. This 
designated person shall be responsible for securing immediate aid and 
keeping an accurate count of employees underground in case of emergency. 
The designated person must not be so busy with other responsibilities 
that the counting function is encumbered.
    (4) Emergency lighting. Each employee underground shall have an 
acceptable portable hand lamp or cap lamp in his or her work area for 
emergency use, unless natural light or an emergency lighting system 
provides adequate illumination for escape.
    (5) Rescue teams. (i) On jobsites where 25 or more employees work 
underground at one time, the employer shall provide (or make 
arrangements in advance with locally available rescue services to 
provide) at least two 5-person rescue teams, one on the jobsite or 
within one-half hour travel time from the entry point, and the other 
within 2 hours travel time.
    (ii) On jobsites where less than 25 employees work underground at 
one time, the employer shall provide (or make arrangements in advance 
with locally available rescue services to provide) at least one 5-person 
rescue team to be either on the jobsite or within one-half hour travel 
time from the entry point.
    (iii) Rescue team members shall be qualified in rescue procedures, 
the use and limitations of breathing apparatus, and the use of 
firefighting equipment. Qualifications shall be reviewed not less than 
annually.
    (iv) On jobsites where flammable or noxious gases are encountered or 
anticipated in hazardous quantities, rescue team members shall practice 
donning and using self-contained breathing apparatus monthly.
    (v) The employer shall ensure that rescue teams are familiar with 
conditions at the jobsite.
    (h) Hazardous classifications--(1) Potentially gassy operations. 
Underground construction operations shall be classified as potentially 
gassy if either:
    (i) Air monitoring discloses 10 percent or more of the lower 
explosive limit for methane or other flammable gases measured at 12 
inches (304.8 mm) 0.25 inch (6.35 mm) from the 
roof, face, floor or walls in any underground work area for more than a 
24-hour period; or
    (ii) The history of the geographical area or geological formation 
indicates that 10 percent or more of the lower explosive limit for 
methane or other flammable gases is likely to be encountered in such 
underground operations.

[[Page 412]]

    (2) Gassy operations. Underground construction operations shall be 
classified as gassy if:
    (i) Air monitoring discloses 10 percent or more of the lower 
explosive limit for methane or other flammable gases measured at 12 
inches (304.8 mm) 0.25 inch (6.35 mm) from the 
roof, face, floor or walls in any underground work area for three 
consecutive days; or
    (ii) There has been an ignition of methane or of other flammable 
gases emanating from the strata that indicates the presence of such 
gases; or
    (iii) The underground construction operation is both connected to an 
underground work area which is currently classified as gassy and is also 
subject to a continuous course of air containing the flammable gas 
concentration.
    (3) Declassification to potentially gassy operations. Underground 
construction gassy operations may be declassified to Potentially Gassy 
when air monitoring results remain under 10 percent of the lower 
explosive limit for methane or other flammable gases for three 
consecutive days.
    (i) Gassy operations-additional requirements. (1) Only acceptable 
equipment, maintained in suitable condition, shall be used in gassy 
operations.
    (2) Mobile diesel-powered equipment used in gassy operations shall 
be either approved in accordance with the requirements of 30 CFR part 36 
(formerly Schedule 31) by MSHA, or shall be demonstrated by the employer 
to be fully equivalent to such MSHA-approved equipment, and shall be 
operated in accordance with that part.
    (3) Each entrance to a gassy operation shall be prominently posted 
with signs notifying all entrants of the gassy classification.
    (4) Smoking shall be prohibited in all gassy operations and the 
employer shall be responsible for collecting all personal sources of 
ignition, such as matches and lighters, from all persons entering a 
gassy operation.
    (5) A fire watch as described in Sec.  1926.352(e) shall be 
maintained when hot work is performed.
    (6) Once an operation has met the criteria in paragraph (h)(2) 
warranting classification as gassy, all operations in the affected area, 
except the following, shall be discontinued until the operation either 
is in compliance with all of the gassy operation requirements or has 
been declassified in accordance with paragraph (h)(3) of this section:
    (i) Operations related to the control of the gas concentration;
    (ii) Installation of new equipment, or conversion of existing 
equipment, to comply with this paragraph (i); and
    (iii) Installation of above-ground controls for reversing the air 
flow.
    (j) Air quality and monitoring--(1) General. Air quality limits and 
control requirements for construction are found in Sec.  1926.55, except 
as modified by this section.
    (i)(A) The employer shall assign a competent person who shall 
perform all air monitoring required by this section.
    (B) Where this paragraph requires monitoring of airborne 
contaminants ``as often as necessary,'' the competent person shall make 
a reasonable determination as to which substances to monitor and how 
frequently to monitor, considering at least the following factors:
    (1) Location of jobsite: Proximity to fuel tanks, sewers, gas lines, 
old landfills, coal deposits, and swamps;
    (2) Geology: Geological studies of the jobsite, particularly 
involving the soil type and its permeability;
    (3) History: Presence of air contaminants in nearby jobsites, 
changes in levels of substances monitored on the prior shift; and
    (4) Work practices and jobsite conditions: The use of diesel 
engines, use of explosives, use of fuel gas, volume and flow of 
ventilation, visible atmospheric conditions, decompression of the 
atmosphere, welding, cutting and hot work, and employees' physical 
reactions to working underground.
    (ii)(A) The atmosphere in all underground work areas shall be tested 
as often as necessary to assure that the atmosphere at normal 
atmospheric pressure contains at least 19.5 percent oxygen and no more 
than 22 percent oxygen.
    (B) Tests for oxygen content shall be made before tests for air 
contaminants.
    (iii)(A) The atmosphere in all underground work areas shall be 
tested

[[Page 413]]

quantitatively for carbon monoxide, nitrogen dioxide, hydrogen sulfide, 
and other toxic gases, dusts, vapors, mists, and fumes as often as 
necessary to ensure that the permissible exposure limits prescribed in 
Sec.  1926.55 are not exceeded.
    (B) The atmosphere in all underground work areas shall be tested 
quantitatively for methane and other flammable gases as often as 
necessary to determine:
    (1) Whether action is to be taken under paragraphs (j)(1)(vii), 
(viii), and (ix), of this section; and
    (2) Whether an operation is to be classified potentially gassy or 
gassy under paragraph (h) of this section.
    (C) If diesel-engine or gasoline-engine driven ventilating fans or 
compressors are used, an initial test shall be made of the inlet air of 
the fan or compressor, with the engines operating, to ensure that the 
air supply is not contaminated by engine exhaust.
    (D) Testing shall be performed as often as necessary to ensure that 
the ventilation requirements of paragraph (k) of this section are met.
    (iv) When rapid excavation machines are used, a continuous flammable 
gas monitor shall be operated at the face with the sensor(s) placed as 
high and close to the front of the machine's cutter head as practicable.
    (v)(A) Whenever air monitoring indicates the presence of 5 ppm or 
more of hydrogen sulfide, a test shall be conducted in the affected 
underground work area(s), at least at the beginning and midpoint of each 
shift, until the concentration of hydrogen sulfide has been less than 5 
ppm for 3 consecutive days.
    (B) Whenever hydrogen sulfide is detected in an amount exceeding 10 
ppm, a continuous sampling and indicating hydrogen sulfide monitor shall 
be used to monitor the affected work area.
    (C) Employees shall be informed when a concentration of 10 ppm 
hydrogen sulfide is exceeded.
    (D) The continuous sampling and indicating hydrogen sulfide monitor 
shall be designed, installed, and maintained to provide a visual and 
aural alarm when the hydrogen sulfide concentration reaches 20 ppm to 
signal that additional measures, such as respirator use, increased 
ventilation, or evacuation, might be necessary to maintain hydrogen 
sulfide exposure below the permissible exposure limit.
    (vi) When the competent person determines, on the basis of air 
monitoring results or other information, that air contaminants may be 
present in sufficient quantity to be dangerous to life, the employer 
shall:
    (A) Prominently post a notice at all entrances to the underground 
jobsite to inform all entrants of the hazardous condition; and
    (B) Ensure that the necessary precautions are taken.
    (vii) Whenever five percent or more of the lower explosive limit for 
methane or other flammable gases is detected in any underground work 
area(s) or in the air return, steps shall be taken to increase 
ventilation air volume or otherwise control the gas concentration, 
unless the employer is operating in accordance with the potentially 
gassy or gassy operation requirements. Such additional ventilation 
controls may be discontinued when gas concentrations are reduced below 
five percent of the lower explosive limit, but shall be reinstituted 
whenever the five percent level is exceeded.
    (viii) Whenever 10 percent or more of the lower explosive limit for 
methane or other flammable gases is detected in the vicinity of welding, 
cutting, or other hot work, such work shall be suspended until the 
concentration of such flammable gas is reduced to less than 10 percent 
of the lower explosive limit.
    (ix) Whenever 20 percent or more of the lower explosive limit for 
methane or other flammable gases is detected in any underground work 
area(s) or in the air return:
    (A) All employees, except those necessary to eliminate the hazard, 
shall be immediately withdrawn to a safe location above ground; and
    (B) Electrical power, except for acceptable pumping and ventilation 
equipment, shall be cut off to the area endangered by the flammable gas 
until the concentration of such gas is reduced to less than 20 percent 
of the lower explosive limit.
    (2) Additional monitoring for potentially gassy and gassy 
operations. Operations which meet the criteria for potentially

[[Page 414]]

gassy and gassy operations set forth in paragraph (h) of this section 
shall be subject to the additional monitoring requirements of this 
paragraph.
    (i) A test for oxygen content shall be conducted in the affected 
underground work areas and work areas immediately adjacent to such areas 
at least at the beginning and midpoint of each shift.
    (ii) When using rapid excavation machines, continuous automatic 
flammable gas monitoring equipment shall be used to monitor the air at 
the heading, on the rib, and in the return air duct. The continuous 
monitor shall signal the heading, and shut down electric power in the 
affected underground work area, except for acceptable pumping and 
ventilation equipment, when 20 percent or more of the lower explosive 
limit for methane or other flammable gases is encountered.
    (iii) A manual flammable gas monitor shall be used as needed, but at 
least at the beginning and midpoint of each shift, to ensure that the 
limits prescribed in paragraphs (h) and (j) are not exceeded. In 
addition, a manual electrical shut down control shall be provided near 
the heading.
    (iv) Local gas tests shall be made prior to and continuously during 
any welding, cutting, or other hot work.
    (v) In underground operations driven by drill-and-blast methods, the 
air in the affected area shall be tested for flammable gas prior to re-
entry after blasting, and continuously when employees are working 
underground.
    (3) Recordkeeping. A record of all air quality tests shall be 
maintained above ground at the worksite and be made available to the 
Secretary of Labor upon request. The record shall include the location, 
date, time, substance and amount monitored. Records of exposures to 
toxic substances shall be retained in accordance with Sec.  1910.33 of 
this chapter. All other air quality test records shall be retained until 
completion of the project.
    (k) Ventilation. (1)(i) Fresh air shall be supplied to all 
underground work areas in sufficient quantities to prevent dangerous or 
harmful accumulation of dusts, fumes, mists, vapors or gases.
    (ii) Mechanical ventilation shall be provided in all underground 
work areas except when the employer can demonstrate that natural 
ventilation provides the necessary air quality through sufficient air 
volume and air flow.
    (2) A minimum of 200 cubic feet (5.7 m\3\) of fresh air per minute 
shall be supplied for each employee underground.
    (3) The linear velocity of air flow in the tunnel bore, in shafts, 
and in all other underground work areas shall be at least 30 feet (9.15 
m) per minute where blasting or rock drilling is conducted, or where 
other conditions likely to produce dust, fumes, mists, vapors, or gases 
in harmful or explosive quantities are present.
    (4) The direction of mechanical air flow shall be reversible.
    (5) Following blasting, ventilation systems shall exhaust smoke and 
fumes to the outside atmosphere before work is resumed in affected 
areas.
    (6) Ventilation doors shall be designed and installed so that they 
remain closed when in use, regardless of the direction of the air flow.
    (7) When ventilation has been reduced to the extent that hazardous 
levels of methane or flammable gas may have accumulated, a competent 
person shall test all affected areas after ventilation has been restored 
and shall determine whether the atmosphere is within flammable limits 
before any power, other than for acceptable equipment, is restored or 
work is resumed.
    (8) Whenever the ventilation system has been shut down with all 
employees out of the underground area, only competent persons authorized 
to test for air contaminants shall be allowed underground until the 
ventilation has been restored and all affected areas have been tested 
for air contaminants and declared safe.
    (9) When drilling rock or concrete, appropriate dust control 
measures shall be taken to maintain dust levels within limits set in 
Sec.  1926.55. Such measures may include, but are not limited to, wet 
drilling, the use of vacuum collectors, and water mix spray systems.
    (10)(i) Internal combustion engines, except diesel-powered engines 
on mobile equipment, are prohibited underground.

[[Page 415]]

    (ii) Mobile diesel-powered equipment used underground in atmospheres 
other than gassy operations:
    (A) Shall comply with MSHA provisions in 30 CFR 57.5067; or
    (B) If purchased on or before July 15, 2019, may alternatively 
comply with MSHA provisions under 30 CFR part 32 (revised as of July 1, 
1996) (formerly Schedule 24), or be demonstrated by the employer to be 
fully equivalent to such MSHA-approved equipment, and be operated in 
accordance with that part.
    (iii) For purposes of this paragraph (k)(10), when an applicable 
MSHA provision uses the term ``mine,'' use the phrase ``underground 
construction site.'' (Each brake horsepower of a diesel engine requires 
at least 100 cubic feet (2.832 m\3\) of air per minute for suitable 
operation in addition to the air requirements for personnel. Some 
engines may require a greater amount of air to ensure that the allowable 
levels of carbon monoxide, nitric oxide, and nitrogen dioxide are not 
exceeded.)
    (11) Potentially gassy or gassy operations shall have ventilation 
systems installed which shall:
    (i) Be constructed of fire-resistant materials; and
    (ii) Have acceptable electrical systems, including fan motors.
    (12) Gassy operations shall be provided with controls located above 
ground for reversing the air flow of ventilation systems.
    (13) In potentially gassy or gassy operations, wherever mine-type 
ventilation systems using an offset main fan installed on the surface 
are used, they shall be equipped with explosion-doors or a weak-wall 
having an area at least equivalent to the cross-sectional area of the 
airway.
    (l) Illumination. (1) Illumination requirements applicable to 
underground construction operations are found in Table D-3 of Sec.  
1926.56 of this part.
    (2) Only acceptable portable lighting equipment shall be used within 
50 feet (15.24 m) of any underground heading during explosives handling.
    (m) Fire prevention and control. Fire prevention and protection 
requirements applicable to underground construction operations are found 
in subpart F of this part, except as modified by the following 
additional standards.
    (1) Open flames and fires are prohibited in all underground 
construction operations except as permitted for welding, cutting and 
other hot work operations in paragraph (n) of this section.
    (2)(i) Smoking may be allowed only in areas free of fire and 
explosion hazards.
    (ii) Readily visible signs prohibiting smoking and open flames shall 
be posted in areas having fire or explosion hazards.
    (3) The employer may store underground no more than a 24-hour supply 
of diesel fuel for the underground equipment used at the worksite.
    (4) The piping of diesel fuel from the surface to an underground 
location is permitted only if:
    (i) Diesel fuel is contained at the surface in a tank whose maximum 
capacity is no more than the amount of fuel required to supply for a 24-
hour period the equipment serviced by the underground fueling station; 
and
    (ii) The surface tank is connected to the underground fueling 
station by an acceptable pipe or hose system that is controlled at the 
surface by a valve, and at the shaft bottom by a hose nozzle; and
    (iii) The pipe is empty at all times except when transferring diesel 
fuel from the surface tank to a piece of equipment in use underground; 
and
    (iv) Hoisting operations in the shaft are suspended during refueling 
operations if the supply piping in the shaft is not protected from 
damage.
    (5)(i) Gasoline shall not be carried, stored, or used underground.
    (ii) Acetylene, liquefied petroleum gas, and Methylacetylene 
Propadiene Stabilized gas may be used underground only for welding, 
cutting and other hot work, and only in accordance with subpart J of 
this part, and paragraphs (j), (k), (m), and (n) of this section.
    (6) Oil, grease, and diesel fuel stored underground shall be kept in 
tightly sealed containers in fire-resistant areas at least 300 feet 
(91.44 m) from underground explosive magazines, and at least 100 feet 
(30.48 m) from shaft stations and steeply inclined passageways.

[[Page 416]]

Storage areas shall be positioned or diked so that the contents of 
ruptured or overturned containers will not flow from the storage area.
    (7) Flammable or combustible materials shall not be stored above 
ground within 100 feet (30.48 m) of any access opening to any 
underground operation. Where this is not feasible because of space 
limitations at the jobsite, such materials may be located within the 
100-foot limit, provided that:
    (i) They are located as far as practicable from the opening; and
    (ii) Either a fire-resistant barrier of not less than one-hour 
rating is placed between the stored material and the opening, or 
additional precautions are taken which will protect the materials from 
ignition sources.
    (8) Fire-resistant hydraulic fluids shall be used in hydraulically-
actuated underground machinery and equipment unless such equipment is 
protected by a fire suppression system or by multi-purpose fire 
extinguisher(s) rated at of sufficient capacity for the type and size of 
hydraulic equipment involved, but rated at least 4A:40B:C.
    (9)(i) Electrical installations in underground areas where oil, 
grease, or diesel fuel are stored shall be used only for lighting 
fixtures.
    (ii) Lighting fixtures in storage areas, or within 25 feet (7.62 m) 
of underground areas where oil, grease, or diesel fuel are stored, shall 
be approved for Class I, Division 2 locations, in accordance with 
subpart K of this part.
    (10) Leaks and spills of flammable or combustible fluids shall be 
cleaned up immediately.
    (11) A fire extinguisher of at least 4A:40B:C rating or other 
equivalent extinguishing means shall be provided at the head pulley and 
at the tail pulley of underground belt conveyors.
    (12) Any structure located underground or within 100 feet (30.48 m) 
of an opening to the underground shall be constructed of material having 
a fire-resistance rating of at least one hour.
    (n) Welding, cutting, and other hot work. In addition to the 
requirements of subpart J of this part, the following requirements shall 
apply to underground welding, cutting, and other hot work.
    (1) No more than the amount of fuel gas and oxygen cylinders 
necessary to perform welding, cutting, or other hot work during the next 
24-hour period shall be permitted underground.
    (2) Noncombustible barriers shall be installed below welding, 
cutting, or other hot work being done in or over a shaft or raise.
    (o) Ground support--(1) Portal areas. Portal openings and access 
areas shall be guarded by shoring, fencing, head walls, shotcreting or 
other equivalent protection to ensure safe access of employees and 
equipment. Adjacent areas shall be scaled or otherwise secured to 
prevent loose soil, rock, or fractured materials from endangering the 
portal and access area.
    (2) Subsidence areas. The employer shall ensure ground stability in 
hazardous subsidence areas by shoring, by filling in, or by erecting 
barricades and posting warning signs to prevent entry.
    (3) Underground areas. (i)(A) A competent person shall inspect the 
roof, face, and walls of the work area at the start of each shift and as 
often as necessary to determine ground stability.
    (B) Competent persons conducting such inspections shall be protected 
from loose ground by location, ground support or equivalent means.
    (ii) Ground conditions along haulageways and travelways shall be 
inspected as frequently as necessary to ensure safe passage.
    (iii) Loose ground that might be hazardous to employees shall be 
taken down, scaled or supported.
    (iv) (A) Torque wrenches shall be used wherever bolts that depend on 
torsionally applied force are used for ground support.
    (B) A competent person shall determine whether rock bolts meet the 
necessary torque, and shall determine the testing frequency in light of 
the bolt system, ground conditions and the distance from vibration 
sources.
    (v) Suitable protection shall be provided for employees exposed to 
the hazard of loose ground while installing ground support systems.
    (vi) Support sets shall be installed so that the bottoms have 
sufficient anchorage to prevent ground pressures from dislodging the 
support base of the sets. Lateral bracing (collar bracing,

[[Page 417]]

tie rods, or spreaders) shall be provided between immediately adjacent 
sets to ensure added stability.
    (vii) Damaged or dislodged ground supports that create a hazardous 
condition shall be promptly repaired or replaced. When replacing 
supports, the new supports shall be installed before the damaged 
supports are removed.
    (viii) A shield or other type of support shall be used to maintain a 
safe travelway for employees working in dead-end areas ahead of any 
support replacement operation.
    (4) Shafts. (i) Shafts and wells over 5 feet (1.53 m) in depth that 
employees must enter shall be supported by a steel casing, concrete 
pipe, timber, solid rock or other suitable material.
    (ii) (A) The full depth of the shaft shall be supported by casing or 
bracing except where the shaft penetrates into solid rock having 
characteristics that will not change as a result of exposure. Where the 
shaft passes through earth into solid rock, or through solid rock into 
earth, and where there is potential for shear, the casing or bracing 
shall extend at least 5 feet (1.53 m) into the solid rock. When the 
shaft terminates in solid rock, the casing or bracing shall extend to 
the end of the shaft or 5 feet (1.53 m) into the solid rock, whichever 
is less.
    (B) The casing or bracing shall extend 42 inches (1.07 m) plus or 
minus 3 inches (8 cm) above ground level, except that the minimum casing 
height may be reduced to 12 inches (0.3 m), provided that a standard 
railing is installed; that the ground adjacent to the top of the shaft 
is sloped away from the shaft collar to prevent entry of liquids; and 
that effective barriers are used to prevent mobile equipment operating 
near the shaft from jumping over the 12 inch (0.3 m) barrier.
    (iii) After blasting operations in shafts, a competent person shall 
determine if the walls, ladders, timbers, blocking, or wedges have 
loosened. If so, necessary repairs shall be made before employees other 
than those assigned to make the repairs are allowed in or below the 
affected areas.
    (p) Blasting. This paragraph applies in addition to the requirements 
for blasting and explosives operations, including handling of misfires, 
which are found in subpart U of this part.
    (1) Blasting wires shall be kept clear of electrical lines, pipes, 
rails, and other conductive material, excluding earth, to prevent 
explosives initiation or employee exposure to electric current.
    (2) Following blasting, an employee shall not enter a work area 
until the air quality meets the requirements of paragraph (j) of this 
section.
    (q) Drilling. (1) A competent person shall inspect all drilling and 
associated equipment prior to each use. Equipment defects affecting 
safety shall be corrected before the equipment is used.
    (2) The drilling area shall be inspected for hazards before the 
drilling operation is started.
    (3) Employees shall not be allowed on a drill mast while the drill 
bit is in operation or the drill machine is being moved.
    (4) When a drill machine is being moved from one drilling area to 
another, drill steel, tools, and other equipment shall be secured and 
the mast shall be placed in a safe position.
    (5) Receptacles or racks shall be provided for storing drill steel 
located on jumbos.
    (6) Employees working below jumbo decks shall be warned whenever 
drilling is about to begin.
    (7) Drills on columns shall be anchored firmly before starting 
drilling, and shall be retightened as necessary thereafter.
    (8) (i) The employer shall provide mechanical means on the top deck 
of a jumbo for lifing unwieldy or heavy material.
    (ii) When jumbo decks are over 10 feet (3.05 m) in height, the 
employer shall install stairs wide enough for two persons.
    (iii) Jumbo decks more than 10 feet (3.05 m) in height shall be 
equipped with guardrails on all open sides, excluding access openings of 
platforms, unless an adjacent surface provides equivalent fall 
protection.
    (iv) (A) Only employees assisting the operator shall be allowed to 
ride on jumbos, unless the jumbo meets the requirements of paragraph 
(r)(6)(ii) of this section.

[[Page 418]]

    (B) Jumbos shall be chocked to prevent movement while employees are 
working on them.
    (v) (A) Walking and working surfaces of jumbos shall be maintained 
to prevent the hazards of slipping, tripping and falling.
    (B) Jumbo decks and stair treads shall be designed to be slip-
resistent and secured to prevent accidental displacement.
    (9) Scaling bars shall be available at scaling operations and shall 
be maintained in good condition at all times. Blunted or severely worn 
bars shall not be used.
    (10)(i) Blasting holes shall not be drilled through blasted rock 
(muck) or water.
    (ii) Employees in a shaft shall be protected either by location or 
by suitable barrier(s) if powered mechanical loading equipment is used 
to remove muck containing unfired explosives.
    (11) A caution sign reading ``Buried Line,'' or similar wording 
shall be posted where air lines are buried or otherwise hidden by water 
or debris.
    (r) Haulage. (1)(i) A competent person shall inspect haulage 
equipment before each shift.
    (ii) Equipment defects affecting safety and health shall be 
corrected before the equipment is used.
    (2) Powered mobile haulage equipment shall have suitable means of 
stopping.
    (3)(i) Power mobile haulage equipment, including trains, shall have 
audible warning devices to warn employees to stay clear. The operator 
shall sound the warning device before moving the equipment and whenever 
necessary during travel.
    (ii) The operator shall assure that lights which are visible to 
employees at both ends of any mobile equipment, including a train, are 
turned on whenever the equipment is operating.
    (4) In those cabs where glazing is used, the glass shall be safety 
glass, or its equivalent, and shall be maintained and cleaned so that 
vision is not obstructed.
    (5) Anti-roll back devices or brakes shall be installed on inclined 
conveyor drive units to prevent conveyors from inadvertently running in 
reverse.
    (6)(i) (A) Employees shall not be permitted to ride a power-driven 
chain, belt, or bucket conveyor unless the conveyor is specifically 
designed for the transportation of persons.
    (B) Endless belt-type manlifts are prohibited in underground 
construction.
    (C) General requirements also applicable to underground construction 
for use of conveyors in construction are found in Sec.  1926.555 of this 
part.
    (ii) No employee shall ride haulage equipment unless it is equipped 
with seating for each passenger and protects passengers from being 
struck, crushed, or caught between other equipment or surfaces. Members 
of train crews may ride on a locomotive if it is equipped with handholds 
and nonslip steps or footboards. Requirements applicable to Underground 
Construction for motor vehicle transportation of employees are found in 
Sec.  1926.601 of this part.
    (7) Powered mobile haulage equipment, including trains, shall not be 
left unattended unless the master switch or motor is turned off; 
operating controls are in neutral or park position; and the brakes are 
set, or equivalent precautions are taken to prevent rolling.
    (8) Whenever rails serve as a return for a trolley circuit, both 
rails shall be bonded at every joint and crossbonded every 200 feet 
(60.96 m).
    (9) When dumping cars by hand, the car dumps shall have tiedown 
chains, bumper blocks, or other locking or holding devices to prevent 
the cars from overturning.
    (10) Rocker-bottom or bottom-dump cars shall be equipped with 
positive locking devices to prevent unintended dumping.
    (11) Equipment to be hauled shall be loaded and secured to prevent 
sliding or dislodgement.
    (12)(i) Mobile equipment, including rail-mounted equipment, shall be 
stopped for manual connecting or service work.
    (ii) Employees shall not reach between moving cars during coupling 
operations.
    (iii) Couplings shall not be aligned, shifted or cleaned on moving 
cars or locomotives.

[[Page 419]]

    (13)(i) Safety chains or other connections shall be used in addition 
to couplers to connect man cars or powder cars whenever the locomotive 
is uphill of the cars.
    (ii) When the grade exceeds one percent and there is a potential for 
runaway cars, safety chains or other connections shall be used in 
addition to couplers to connect haulage cars or, as an alternative, the 
locomotive must be downhill of the train.
    (iii) Such safety chains or other connections shall be capable of 
maintaining connection between cars in the event of either coupler 
disconnect, failure or breakage.
    (14) Parked rail equipment shall be chocked, blocked, or have brakes 
set to prevent inadvertent movement.
    (15) Berms, bumper blocks, safety hooks, or equivalent means shall 
be provided to prevent overtravel and overturning of haulage equipment 
at dumping locations.
    (16) Bumper blocks or equivalent stopping devices shall be provided 
at all track dead ends.
    (17)(i) Only small handtools, lunch pails or similar small items may 
be transported with employees in man-cars, or on top of a locomotive.
    (ii) When small hand tools or other small items are carried on top 
of a locomotive, the top shall be designed or modified to retain them 
while traveling.
    (18)(i) Where switching facilities are available, occupied 
personnel-cars shall be pulled, not pushed. If personnel-cars must be 
pushed and visibility of the track ahead is hampered, then a qualified 
person shall be stationed in the lead car to give signals to the 
locomotive operator.
    (ii) Crew trips shall consist of personnel-loads only.
    (s) Electrical safety. This paragraph applies in addition to the 
general requirements for electrical safety which are found in subpart K 
of this part.
    (1) Electric power lines shall be insulated or located away from 
water lines, telephone lines, air lines, or other conductive materials 
so that a damaged circuit will not energize the other systems.
    (2) Lighting circuits shall be located so that movement of personnel 
or equipment will not damage the circuits or disrupt service.
    (3) Oil-filled transformers shall not be used underground unless 
they are located in a fire-resistant enclosure suitably vented to the 
outside and surrounded by a dike to retain the contents of the 
transformers in the event of rupture.
    (t) Hoisting unique to underground construction. Except as modified 
by this paragraph (t), employers must: Comply with the requirements of 
subpart CC of this part, except that the limitation in Sec.  
1926.1431(a) does not apply to the routine access of employees to an 
underground worksite via a shaft; ensure that material hoists comply 
with Sec.  1926.552(a) and (b) of this part; and ensure that personnel 
hoists comply with the personnel-hoists requirements of Sec.  
1926.552(a) and (c) of this part and the elevator requirements of Sec.  
1926.552(a) and (d) of this part.
    (1) General requirements for cranes and hoists. (i) Materials, 
tools, and supplies being raised or lowered, whether within a cage or 
otherwise, shall be secured or stacked in a manner to prevent the load 
from shifting, snagging or falling into the shaft.
    (ii) A warning light suitably located to warn employees at the shaft 
bottom and subsurface shaft entrances shall flash whenever a load is 
above the shaft bottom or subsurface entrances, or the load is being 
moved in the shaft. This paragraph does not apply to fully enclosed 
hoistways.
    (iii) Whenever a hoistway is not fully enclosed and employees are at 
the shaft bottom, conveyances or equipment shall be stopped at least 15 
feet (4.57 m) above the bottom of the shaft and held there until the 
signalman at the bottom of the shaft directs the operator to continue 
lowering the load, except that the load may be lowered without stopping 
if the load or conveyance is within full view of a bottom signalman who 
is in constant voice communication with the operator.
    (iv)(A) Before maintenance, repairs, or other work is commenced in 
the shaft served by a cage, skip, or bucket, the operator and other 
employees in the area shall be informed and given suitable instructions.

[[Page 420]]

    (B) A sign warning that work is being done in the shaft shall be 
installed at the shaft collar, at the operator's station, and at each 
underground landing.
    (v) Any connection between the hoisting rope and the cage or skip 
shall be compatible with the type of wire rope used for hoisting.
    (vi) Spin-type connections, where used, shall be maintained in a 
clean condition and protected from foreign matter that could affect 
their operation.
    (vii) Cage, skip, and load connections to the hoist rope shall be 
made so that the force of the hoist pull, vibration, misalignment, 
release of lift force, or impact will not disengage the connection. 
Moused or latched openthroat hooks do not meet this requirement.
    (viii) When using wire rope wedge sockets, means shall be provided 
to prevent wedge escapement and to ensure that the wedge is properly 
seated.
    (2) Additional requirements for cranes. Cranes shall be equipped 
with a limit switch to prevent overtravel at the boom tip. Limit 
switches are to be used only to limit travel of loads when operational 
controls malfunction and shall not be used as a substitute for other 
operational controls.
    (3) Additional requirements for hoists. (i) Hoists shall be designed 
so that the load hoist drum is powered in both directions of rotation, 
and so that brakes are automatically applied upon power release or 
failure.
    (ii) Control levers shall be of the ``deadman type'' which return 
automatically to their center (neutral) position upon release.
    (iii) When a hoist is used for both personnel hoisting and material 
hoisting, load and speed ratings for personnel and for materials shall 
be assigned to the equipment.
    (iv) Material hoisting may be performed at speeds higher than the 
rated speed for personnel hoisting if the hoist and components have been 
designed for such higher speeds and if shaft conditions permit.
    (v) Employees shall not ride on top of any cage, skip or bucket 
except when necessary to perform inspection or maintenance of the 
hoisting system, in which case they shall be protected by a body belt/
harness system to prevent falling.
    (vi) Personnel and materials (other than small tools and supplies 
secured in a manner that will not create a hazard to employees) shall 
not be hoisted together in the same conveyance. However, if the operator 
is protected from the shifting of materials, then the operator may ride 
with materials in cages or skips which are designed to be controlled by 
an operator within the cage or skip.
    (vii) Line speed shall not exceed the design limitations of the 
systems.
    (viii) Hoists shall be equipped with landing level indicators at the 
operator's station. Marking the hoist rope does not satisfy this 
requirement.
    (ix) Whenever glazing is used in the hoist house, it shall be safety 
glass, or its equivalent, and be free of distortions and obstructions.
    (x) A fire extinguisher that is rated at least 2A:10B:C (multi-
purpose, dry chemical) shall be mounted in each hoist house.
    (xi) Hoist controls shall be arranged so that the operator can 
perform all operating cycle functions and reach the emergency power 
cutoff without having to reach beyond the operator's normal operating 
position.
    (xii) Hoists shall be equipped with limit switches to prevent 
overtravel at the top and bottom of the hoistway.
    (xiii) Limit switches are to be used only to limit travel of loads 
when operational controls malfunction and shall not be used as a 
substitute for other operational controls.
    (xiv) Hoist operators shall be provided with a closed-circuit voice 
communication system to each landing station, with speaker microphones 
so located that the operator can communicate with individual landing 
stations during hoist use.
    (xv) When sinking shafts 75 feet (22.86 m) or less in depth, cages, 
skips, and buckets that may swing, bump, or snag against shaft sides or 
other structural protrusions shall be guided by fenders, rails, ropes, 
or a combination of those means.
    (xvi) When sinking shafts more than 75 feet (22.86 m) in depth, all 
cages, skips, and buckets shall be rope or rail

[[Page 421]]

guided to within a rail length from the sinking operation.
    (xvii) Cages, skips, and buckets in all completed shafts, or in all 
shafts being used as completed shafts, shall be rope or rail-guided for 
the full length of their travel.
    (xviii) Wire rope used in load lines of material hoists shall be 
capable of supporting, without failure, at least five times the maximum 
intended load or the factor recommended by the rope manufacturer, 
whichever is greater. Refer to Sec.  1926.552(c)(14)(iii) of this part 
for design factors for wire rope used in personnel hoists. The design 
factor shall be calculated by dividing the breaking strength of wire 
rope, as reported in the manufacturer's rating tables, by the total 
static load, including the weight of the wire rope in the shaft when 
fully extended.
    (xix) A competent person shall visually check all hoisting 
machinery, equipment, anchorages, and hoisting rope at the beginning of 
each shift and during hoist use, as necessary.
    (xx) Each safety device shall be checked by a competent person at 
least weekly during hoist use to ensure suitable operation and safe 
condition.
    (xxi) In order to ensure suitable operation and safe condition of 
all functions and safety devices, each hoist assembly shall be inspected 
and load-tested to 100 percent of its rated capacity: at the time of 
installation; after any repairs or alterations affecting its structural 
integrity; after the operation of any safety device; and annually when 
in use. The employer shall prepare a certification record which includes 
the date each inspection and load-test was performed; the signature of 
the person who performed the inspection and test; and a serial number or 
other identifier for the hoist that was inspected and tested. The most 
recent certification record shall be maintained on file until completion 
of the project.
    (xxii) Before hoisting personnel or material, the operator shall 
perform a test run of any cage or skip whenever it has been out of 
service for one complete shift, and whenever the assembly or components 
have been repaired or adjusted.
    (xxiii) Unsafe conditions shall be corrected before using the 
equipment.
    (4) Additional requirements for personnel hoists. (i) Hoist drum 
systems shall be equipped with at least two means of stopping the load, 
each of which shall be capable of stopping and holding 150 percent of 
the hoist's rated line pull. A broken-rope safety, safety catch, or 
arrestment device is not a permissible means of stopping under this 
paragraph (t).
    (ii) The operator shall remain within sight and sound of the signals 
at the operator's station.
    (iii) All sides of personnel cages shall be enclosed by one-half 
inch (12.70 mm) wire mesh (not less than No. 14 gauge or equivalent) to 
a height of not less than 6 feet (1.83 m). However, when the cage or 
skip is being used as a work platform, its sides may be reduced in 
height to 42 inches (1.07 m) when the conveyance is not in motion.
    (iv) All personnel cages shall be provided with a positive locking 
door that does not open outward.
    (v) All personnel cages shall be provided with a protective canopy. 
The canopy shall be made of steel plate, at least 3/16-inch (4.763 mm) 
in thickness, or material of equivalent strength and impact resistance. 
The canopy shall be sloped to the outside, and so designed that a 
section may be readily pushed upward to afford emergency egress. The 
canopy shall cover the top in such a manner as to protect those inside 
from objects falling in the shaft.
    (vi) Personnel platforms operating on guide rails or guide ropes 
shall be equipped with broken-rope safety devices, safety catches or 
arrestment devices that will stop and hold 150 percent of the weight of 
the personnel platform and its maximum rated load.
    (vii) During sinking operations in shafts where guides and safeties 
are not yet used, the travel speed of the personnel platform shall not 
exceed 200 feet (60.96 m) per minute. Governor controls set for 200 feet 
(60.96 m) per minute shall be installed in the control system and shall 
be used during personnel hoisting.
    (viii) The personnel platform may travel over the controlled length 
of the hoistway at rated speeds up to 600 feet (182.88 m) per minute 
during sinking

[[Page 422]]

operations in shafts where guides and safeties are used.
    (ix) The personnel platform may travel at rated speeds greater than 
600 feet (182.88 m) per minute in completed shafts.
    (u) Definitions. ``Accept''--Any device, equipment, or appliance 
that is either approved by MSHA and maintained in permissible condition, 
or is listed or labeled for the class and location under subpart K of 
this part.
    ``Rapid Excavation Machine''--Tunnel boring machines, shields, 
roadheaders, or any other similar excavation machine.

[54 FR 23850, June 2, 1989; 58 FR 35311, June 30, 1993, as amended at 61 
FR 5510, Feb. 13, 1996; 63 FR 1297, Jan. 8, 1998; 71 FR 16674, Apr. 3, 
2006; 75 FR 48135, Aug. 9, 2010; 77 FR 49728, Aug. 17, 2012; 78 FR 
23841, Apr. 24, 2013; 84 FR 21577, May 14, 2019]



Sec.  1926.801  Caissons.

    (a) Wherever, in caisson work in which compressed air is used, and 
the working chamber is less than 11 feet in length, and when such 
caissons are at any time suspended or hung while work is in progress so 
that the bottom of the excavation is more than 9 feet below the deck of 
the working chamber, a shield shall be erected therein for the 
protection of the employees.
    (b) Shafts shall be subjected to a hydrostatic or air-pressure test, 
at which pressure they shall be tight. The shaft shall be stamped on the 
outside shell about 12 inches from each flange to show the pressure to 
which they have been subjected.
    (c) Whenever a shaft is used, it shall be provided, where space 
permits, with a safe, proper, and suitable staircase for its entire 
length, including landing platforms, not more than 20 feet apart. Where 
this is impracticable, suitable ladders shall be installed with landing 
platforms located about 20 feet apart to break the climb.
    (d) All caissons having a diameter or side greater than 10 feet 
shall be provided with a man lock and shaft for the exclusive use of 
employees.
    (e) In addition to the gauge in the locks, an accurate gauge shall 
be maintained on the outer and inner side of each bulkhead. These gauges 
shall be accessible at all times and kept in accurate working order.
    (f) In caisson operations where employees are exposed to compressed 
air working environments, the requirements contained in Sec.  1926.803 
shall be complied with.



Sec.  1926.802  Cofferdams.

    (a) If overtopping of the cofferdam by high waters is possible, 
means shall be provided for controlled flooding of the work area.
    (b) Warning signals for evacuation of employees in case of emergency 
shall be developed and posted.
    (c) Cofferdam walkways, bridges, or ramps with at least two means of 
rapid exit shall be provided with guardrails as specified in subpart M 
of this part.
    (d) Cofferdams located close to navigable shipping channels shall be 
protected from vessels in transit, where possible.



Sec.  1926.803  Compressed air.

    (a) General provisions. (1) There shall be present, at all times, at 
least one competent person designated by and representing the employer, 
who shall be familiar with this subpart in all respects, and responsible 
for full compliance with these and other applicable subparts.
    (2) Every employee shall be instructed in the rules and regulations 
which concern his safety or the safety of others.
    (b) Medical attendance, examination, and regulations. (1) There 
shall be retained one or more licensed physicians familiar with and 
experienced in the physical requirements and the medical aspects of 
compressed air work and the treatment of decompression illness. He shall 
be available at all times while work is in progress in order to provide 
medical supervision of employees employed in compressed air work. He 
shall himself be physically qualified and be willing to enter a 
pressurized environment.
    (2) No employee shall be permitted to enter a compressed air 
environment until he has been examined by the physician and reported by 
him to be physically qualified to engage in such work.
    (3) In the event an employee is absent from work for 10 days, or is 
absent due

[[Page 423]]

to sickness or injury, he shall not resume work until he is reexamined 
by the physician, and his physical condition reported, as provided in 
this paragraph, to be such as to permit him to work in compressed air.
    (4) After an employee has been employed continuously in compressed 
air for a period designated by the physician, but not to exceed 1 year, 
he shall be reexamined by the physician to determine if he is still 
physically qualified to engage in compressed air work.
    (5) Such physician shall at all times keep a complete and full 
record of examinations made by him. The physician shall also keep an 
accurate record of any decompression illness or other illness or injury 
incapacitating any employee for work, and of all loss of life that 
occurs in the operation of a tunnel, caisson, or other compartment in 
which compressed air is used.
    (6) Records shall be available for the inspection of the Secretary 
or his representatives, and a copy thereof shall be forwarded to OSHA 
within 48 hours following the occurrence of the accident, death, injury, 
or decompression illness. It shall state as fully as possible the cause 
of said death or decompression illness, and the place where the injured 
or sick employee was taken, and such other relative information as may 
be required by the Secretary.
    (7) A fully equipped first aid station shall be provided at each 
tunnel project regardless of the number of persons employed. An 
ambulance or transportation suitable for a litter case shall be at each 
project.
    (8) Where tunnels are being excavated from portals more than 5 road 
miles apart, a first aid station and transportation facilities shall be 
provided at each portal.
    (9) A medical lock shall be established and maintained in immediate 
working order whenever air pressure in the working chamber is increased 
above the normal atmosphere.
    (10) The medical lock shall:
    (i) Have at least 6 feet of clear headroom at the center, and be 
subdivided into not less than two compartments;
    (ii) Be readily accessible to employees working under compressed 
air;
    (iii) Be kept ready for immediate use for at least 5 hours 
subsequent to the emergence of any employee from the working chamber;
    (iv) Be properly heated, lighted and ventilated;
    (v) Be maintained in a sanitary condition;
    (vi) Have a nonshatterable port through which the occupant(s) may be 
kept under constant observation;
    (vii) Be designed for a working pressure of 75 p.s.i.g.
    (viii) Be equipped with internal controls which may be overridden by 
external controls;
    (ix) Be provided with air pressure gauges to show the air pressure 
within each compartment to observers inside and outside the medical 
lock.
    (x) Be equipped with a manual type sprinkler system that can be 
activated inside the lock or by the outside lock tender.
    (xi) Be provided with oxygen lines and fittings leading into 
external tanks. The lines shall be fitted with check valves to prevent 
reverse flow. The oxygen system inside the chamber shall be of a closed 
circuit design and be so designed as to automatically shut off the 
oxygen supply whenever the fire system is activated.
    (xii) Be in constant charge of an attendant under the direct control 
of the retained physician. The attendant shall be trained in the use of 
the lock and suitably instructed regarding steps to be taken in the 
treatment of employee exhibiting symptoms compatible with a diagnosis of 
decompression illness;
    (xiii) Be adjacent to an adequate emergency medical facility;
    (xiv) The medical facility shall be equipped with demand-type oxygen 
inhalation equipment approved by the U.S. Bureau of Mines;
    (xv) Be capable of being maintained at a temperature, in use, not to 
exceed 90 [deg]F. nor be less than 70 [deg]F.; and
    (xvi) Be provided with sources of air, free of oil and carbon 
monoxide, for normal and emergency use, which are capable of raising the 
air pressure in the lock from 0 to 75 p.s.i.g. in 5 minutes.
    (11) Identification badges shall be furnished to all employees, 
indicating that the wearer is a compressed air

[[Page 424]]

worker. A permanent record shall be kept of all identification badges 
issued. The badge shall give the employee's name, address of the medical 
lock, the telephone number of the licensed physician for the compressed 
air project, and contain instructions that in case of emergency of 
unknown or doubtful cause or illness, the wearer shall be rushed to the 
medical lock. The badge shall be worn at all times--off the job, as well 
as on the job.
    (c) Telephone and signal communication. (1) Effective and reliable 
means of communication, such as bells, whistles, or telephones, shall be 
maintained, at all times between all the following locations:
    (i) The working chamber face;
    (ii) The working chamber side of the man lock near the door;
    (iii) The interior of the man lock;
    (iv) Lock attendant's station;
    (v) The compressor plant;
    (vi) The first-aid station;
    (vii) The emergency lock (if one is required); and
    (viii) The special decompression chamber (if one is required).
    (d) Signs and records. (1) The time of decompression shall be posted 
in each man lock as follows:

                   Time of Decompression for This Lock

__ pounds to __ pounds in __ minutes.
__ pounds to __ pounds in __ minutes.
    (Signed by) ______ (Superintendent)

This form shall be posted in the Man Lock at all times.

    (2) Any code of signals used shall be conspicuously posted near 
workplace entrances and such other locations as may be necessary to 
bring them to the attention of all employees concerned.
    (3) For each 8-hour shift, a record of employees employed under air 
pressure shall be kept by an employee who shall remain outside the lock 
near the entrance. This record shall show the period each employee 
spends in the air chamber and the time taken from decompression. A copy 
shall be submitted to the appointed physician after each shift.
    (e) Compression. (1) Every employee going under air pressure for the 
first time shall be instructed on how to avoid excessive discomfort.
    (2) During the compression of employees, the pressure shall not be 
increased to more than 3 p.s.i.g. within the first minute. The pressure 
shall be held at 3 p.s.i.g. and again at 7 p.s.i.g. sufficiently long to 
determine if any employees are experiencing discomfort.
    (3) After the first minute the pressure shall be raised uniformly 
and at a rate not to exceed 10 p.s.i. per minute.
    (4) If any employee complains of discomfort, the pressure shall be 
held to determine if the symptoms are relieved. If, after 5 minutes the 
discomfort does not disappear, the lock attendant shall gradually reduce 
the pressure until the employee signals that the discomfort has ceased. 
If he does not indicate that the discomfort has disappeared, the lock 
attendant shall reduce the pressure to atmospheric and the employee 
shall be released from the lock.
    (5) No employee shall be subjected to pressure exceeding 50 pounds 
per square inch except in emergency.
    (f) Decompression. (1) Decompression to normal condition shall be in 
accordance with the Decompression Tables in appendix A of this subpart.
    (2) In the event it is necessary for an employee to be in compressed 
air more than once in a 24-hour period, the appointed physician shall be 
responsible for the establishment of methods and procedures of 
decompression applicable to repetitive exposures.
    (3) If decanting is necessary, the appointed physician shall 
establish procedures before any employee is permitted to be decompressed 
by decanting methods. The period of time that the employees spend at 
atmospheric pressure between the decompression following the shift and 
recompression shall not exceed 5 minutes.
    (g) Man locks and special decompression chambers--(1) Man locks. (i) 
Except in emergency, no employees employed in compressed air shall be 
permitted to pass from the working chamber to atmospheric pressure until 
after decompression, in accordance with the procedures in this subpart.
    (ii) The lock attendant in charge of a man lock shall be under the 
direct supervision of the appointed physician.

[[Page 425]]

He shall be stationed at the lock controls on the free air side during 
the period of compression and decompression and shall remain at the lock 
control station whenever there are men in the working chamber or in the 
man lock.
    (iii) Except where air pressure in the working chamber is below 12 
p.s.i.g., each man lock shall be equipped with automatic controls which, 
through taped programs, cams, or similar apparatus, shall automatically 
regulate decompressions. It shall also be equipped with manual controls 
to permit the lock attendant to override the automatic mechanism in the 
event of an emergency, as provided in paragraph (g)(1)(viii) of this 
section.
    (iv) A manual control, which can be used in the event of an 
emergency, shall be placed inside the man lock.
    (v) A clock, thermometer, and continuous recording pressure gauge 
with a 4-hour graph shall be installed outside of each man lock and 
shall be changed prior to each shift's decompression. The chart shall be 
of sufficient size to register a legible record of variations in 
pressure within the man lock and shall be visible to the lock attendant. 
A copy of each graph shall be submitted to the appointed physician after 
each shift. In addition, a pressure gauge, clock, and thermometer shall 
also be installed in each man lock. Additional fittings shall be 
provided so that test gauges may be attached whenever necessary.
    (vi) Except where air pressure is below 12 p.s.i.g. and there is no 
danger of rapid flooding, all caissons having a working area greater 
than 150 square feet, and each bulkhead in tunnels of 14 feet or more in 
diameter, or equivalent area, shall have at least two locks in perfect 
working condition, one of which shall be used exclusively as a man lock, 
the other, as a materials lock.
    (vii) Where only a combination man-and-materials lock is required, 
this single lock shall be of sufficient capacity to hold the employees 
constituting two successive shifts.
    (viii) Emergency locks shall be large enough to hold an entire 
heading shift and a limit maintained of 12 p.s.i.g. There shall be a 
chamber available for oxygen decompression therapy to 28 p.s.i.g.
    (ix) The man lock shall be large enough so that those using it are 
not compelled to be in a cramped position, and shall not have less than 
5 feet clear head room at the center and a minimum of 30 cubic feet of 
air space per occupant.
    (x) Locks on caissons shall be so located that the bottom door shall 
be not less than 3 feet above the water level surrounding the caisson on 
the outside. (The water level, where it is affected by tides, is 
construed to mean high tide.)
    (xi) In addition to the pressure gauge in the locks, an accurate 
pressure gauge shall be maintained on the outer and inner side of each 
bulkhead. These gauges shall be accessible at all times and shall be 
kept in accurate working order.
    (xii) Man locks shall have an observation port at least 4 inches in 
diameter located in such a position that all occupants of the man lock 
may be observed from the working chamber and from the free air side of 
the lock.
    (xiii) Adequate ventilation in the lock shall be provided.
    (xiv) Man locks shall be maintained at a minimum temperature of 70 
[deg]F.
    (xv) When locks are not in use and employees are in the working 
chamber, lock doors shall be kept open to the working chamber, where 
practicable.
    (xvi) Provision shall be made to allow for rescue parties to enter 
the tunnel if the working force is disabled.
    (xvii) A special decompression chamber of sufficient size to 
accommodate the entire force of employees being decompressed at the end 
of a shift shall be provided whenever the regularly established working 
period requires a total time of decompression exceeding 75 minutes.
    (2) Special decompression chamber. (i) The headroom in the special 
decompression chamber shall be not less than a minimum 7 feet and the 
cubical content shall provide at least 50 cubic feet of airspace for 
each employee. For each occupant, there shall be provided 4 square feet 
of free walking area and 3 square feet of seating space, exclusive of 
area required for lavatory and toilet facilities. The rated capacity 
shall be based on the stated minimum space per

[[Page 426]]

employee and shall be posted at the chamber entrance. The posted 
capacity shall not be exceeded, except in case of emergency.
    (ii) Each special decompression chamber shall be equipped with the 
following:
    (a) A clock or clocks suitably placed so that the attendant and the 
chamber occupants can readily ascertain the time;
    (b) Pressure gauges which will indicate to the attendants and to the 
chamber occupants the pressure in the chamber;
    (c) Valves to enable the attendant to control the supply and 
discharge of compressed air into and from the chamber;
    (d) Valves and pipes, in connection with the air supply and exhaust, 
arranged so that the chamber pressure can be controlled from within and 
without;
    (e) Effective means of oral intercommunication between the 
attendant, occupants of the chamber, and the air compressor plant; and
    (f) An observation port at the entrance to permit observation of the 
chamber occupants.
    (iii) Seating facilities in special decompression chambers shall be 
so arranged as to permit a normal sitting posture without cramping. 
Seating space, not less than 18 inches by 24 inches wide, shall be 
provided per occupant.
    (iv) Adequate toilet and washing facilities, in a screened or 
enclosed recess, shall be provided. Toilet bowls shall have a built-in 
protector on the rim so that an air space is created when the seat lid 
is closed.
    (v) Fresh and pure drinking water shall be available. This may be 
accomplished by either piping water into the special decompression 
chamber and providing drinking fountains, or by providing individual 
canteens, or by some other sanitary means. Community drinking vessels 
are prohibited.
    (vi) No refuse or discarded material of any kind shall be permitted 
to accumulate, and the chamber shall be kept clean.
    (vii) Unless the special decompression chamber is serving as the man 
lock to atmospheric pressure, the special decompression chamber shall be 
situated, where practicable, adjacent to the man lock on the atmospheric 
pressure side of the bulkhead. A passageway shall be provided, 
connecting the special chamber with the man lock, to permit employees in 
the process of decompression to move from the man lock to the special 
chamber without a reduction in the ambient pressure from that designated 
for the next stage of decompression. The passageway shall be so arranged 
as to not interfere with the normal operation of the man lock, nor with 
the release of the occupants of the special chamber to atmospheric 
pressure upon the completion of the decompression procedure.
    (h) Compressor plant and air supply. (1) At all times there shall be 
a thoroughly experienced, competent, and reliable person on duty at the 
air control valves as a gauge tender who shall regulate the pressure in 
the working areas. During tunneling operations, one gauge tender may 
regulate the pressure in not more than two headings: Provided, That the 
gauge and controls are all in one location. In caisson work, there shall 
be a gauge tender for each caisson.
    (2) The low air compressor plant shall be of sufficient capacity to 
not only permit the work to be done safely, but shall also provide a 
margin to meet emergencies and repairs.
    (3) Low air compressor units shall have at least two independent and 
separate sources of power supply and each shall be capable of operating 
the entire low air plant and its accessory systems.
    (4) The capacity, arrangement, and number of compressors shall be 
sufficient to maintain the necessary pressure without overloading the 
equipment and to assure maintenance of such pressure in the working 
chamber during periods of breakdown, repair, or emergency.
    (5) Switching from one independent source of power supply to the 
other shall be done periodically to ensure the workability of the 
apparatus in an emergency.
    (6) Duplicate low-pressure air feedlines and regulating valves shall 
be provided between the source of air supply and a point beyond the 
locks with

[[Page 427]]

one of the lines extending to within 100 feet of the working face.
    (7) All high- and low-pressure air supply lines shall be equipped 
with check valves.
    (8) Low-pressure air shall be regulated automatically. In addition, 
manually operated valves shall be provided for emergency conditions.
    (9) The air intakes for all air compressors shall be located at a 
place where fumes, exhaust, gases, and other air contaminants will be at 
a minimum.
    (10) Gauges indicating the pressure in the working chamber shall be 
installed in the compressor building, the lock attendant's station, and 
at the employer's field office.
    (i) Ventilation and air quality. (1) Exhaust valves and exhaust 
pipes shall be provided and operated so that the working chamber shall 
be well ventilated, and there shall be no pockets of dead air. Outlets 
may be required at intermediate points along the main low-pressure air 
supply line to the heading to eliminate such pockets of dead air. 
Ventilating air shall be not less than 30 cubic feet per minute.
    (2) The air in the workplace shall be analyzed by the employer not 
less than once each shift, and records of such tests shall be kept on 
file at the place where the work is in progress. The test results shall 
be within the threshold limit values specified in subpart D of this 
part, for hazardous gases, and within 10 percent of the lower explosive 
limit of flammable gases. If these limits are not met, immediate action 
to correct the situation shall be taken by the employer.
    (3) The temperature of all working chambers which are subjected to 
air pressure shall, by means of after-coolers or other suitable devices, 
be maintained at a temperature not to exceed 85 [deg]F.
    (4) Forced ventilation shall be provided during decompression. 
During the entire decompression period, forced ventilation through 
chemical or mechanical air purifying devices that will ensure a source 
of fresh air shall be provided.
    (5) Whenever heat-producing machines (moles, shields) are used in 
compressed air tunnel operations, a positive means of removing the heat 
build-up at the heading shall be provided.
    (j) Electricity. (1) All lighting in compressed-air chambers shall 
be by electricity exclusively, and two independent electric-lighting 
systems with independent sources of supply shall be used. The emergency 
source shall be arranged to become automatically operative in the event 
of failure of the regularly used source.
    (2) The minimum intensity of light on any walkway, ladder, stairway, 
or working level shall be not less than 10 foot-candles, and in all 
workplaces the lighting shall at all times be such as to enable 
employees to see clearly.
    (3) All electrical equipment and wiring for light and power circuits 
shall comply with the requirements of subpart K of this part for use in 
damp, hazardous, high temperature, and compressed air environments.
    (4) External parts of lighting fixtures and all other electrical 
equipment, when within 8 feet of the floor, shall be constructed of 
noncombustible, nonabsorptive, insulating materials, except that metal 
may be used if it is effectively grounded.
    (5) Portable lamps shall be equipped with noncombustible, 
nonabsorptive, insulating sockets, approved handles, basket guards, and 
approved cords.
    (6) The use of worn or defective portable and pendant conductors is 
prohibited.
    (k) Sanitation. (1) Sanitary, heated, lighted, and ventilated 
dressing rooms and drying rooms shall be provided for all employees 
engaged in compressed air work. Such rooms shall contain suitable 
benches and lockers. Bathing accommodations (showers at the ratio of one 
to 10 employees per shift), equipped with running hot and cold water, 
and suitable and adequate toilet accommodations, shall be provided. One 
toilet for each 15 employees, or fractional part thereof, shall be 
provided.
    (2) When the toilet bowl is shut by a cover, there should be an air 
space so that the bowl or bucket does not implode when pressure is 
increased.
    (3) All parts of caissons and other working compartments shall be 
kept in a sanitary condition.

[[Page 428]]

    (l) Fire prevention and protection. (1) Firefighting equipment shall 
be available at all times and shall be maintained in working condition.
    (2) While welding or flame-cutting is being done in compressed air, 
a firewatch with a fire hose or approved extinguisher shall stand by 
until such operation is completed.
    (3) Shafts and caissons containing flammable material of any kind, 
either above or below ground, shall be provided with a waterline and a 
fire hose connected thereto, so arranged that all points of the shaft or 
caisson are within reach of the hose stream.
    (4) Fire hose shall be at least 1\1/2\ inches in nominal diameter; 
the water pressure shall at all times be adequate for efficient 
operation of the type of nozzle used; and the water supply shall be such 
as to ensure an uninterrupted flow. Fire hose, when not in use, shall be 
located or guarded to prevent injury thereto.
    (5) The power house, compressor house, and all buildings housing 
ventilating equipment, shall be provided with at least one hose 
connection in the water line, with a fire hose connected thereto. A fire 
hose shall be maintained within reach of structures of wood over or near 
shafts.
    (6) Tunnels shall be provided with a 2-inch minimum diameter water 
line extending into the working chamber and to within 100 feet of the 
working face. Such line shall have hose outlets with 100 feet of fire 
hose attached and maintained as follows: One at the working face; one 
immediately inside of the bulkhead of the working chamber; and one 
immediately outside such bulkhead. In addition, hose outlets shall be 
provided at 200-foot intervals throughout the length of the tunnel, and 
100 feet of fire hose shall be attached to the outlet nearest to any 
location where flammable material is being kept or stored or where any 
flame is being used.
    (7) In addition to fire hose protection required by this subpart, on 
every floor of every building not under compressed air, but used in 
connection with the compressed air work, there shall be provided at 
least one approved fire extinguisher of the proper type for the hazard 
involved. At least two approved fire extinguishers shall be provided in 
the working chamber as follows: One at the working face and one 
immediately inside the bulkhead (pressure side). Extinguishers in the 
working chamber shall use water as the primary extinguishing agent and 
shall not use any extinguishing agent which could be harmful to the 
employees in the working chamber. The fire extinguisher shall be 
protected from damage.
    (8) Highly combustible materials shall not be used or stored in the 
working chamber. Wood, paper, and similar combustible material shall not 
be used in the working chamber in quantities which could cause a fire 
hazard. The compressor building shall be constructed of non-combustible 
material.
    (9) Man locks shall be equipped with a manual type fire extinguisher 
system that can be activated inside the man lock and also by the outside 
lock attendant. In addition, a fire hose and portable fire extinguisher 
shall be provided inside and outside the man lock. The portable fire 
extinguisher shall be the dry chemical type.
    (10) Equipment, fixtures, and furniture in man locks and special 
decompression chambers shall be constructed of noncombustible materials. 
Bedding, etc., shall be chemically treated so as to be fire resistant.
    (11) Head frames shall be constructed of structural steel or open 
frame-work fireproofed timber. Head houses and other temporary surface 
buildings or structures within 100 feet of the shaft, caisson, or tunnel 
opening shall be built of fire-resistant materials.
    (12) No oil, gasoline, or other combustible material shall be stored 
within 100 feet of any shaft, caisson, or tunnel opening, except that 
oils may be stored in suitable tanks in isolated fireproof buildings, 
provided such buildings are not less than 50 feet from any shaft, 
caisson, or tunnel opening, or any building directly connected thereto.
    (13) Positive means shall be taken to prevent leaking flammable 
liquids from flowing into the areas specifically mentioned in the 
preceding paragraph.
    (14) All explosives used in connection with compressed air work 
shall be selected, stored, transported, and used as specified in subpart 
U of this part.

[[Page 429]]

    (m) Bulkheads and safety screens. (1) Intermediate bulkheads with 
locks, or intermediate safety screens or both, are required where there 
is the danger of rapid flooding.
    (2) In tunnels 16 feet or more in diameter, hanging walkways shall 
be provided from the face to the man lock as high in the tunnel as 
practicable, with at least 6 feet of head room. Walkways shall be 
constructed of noncombustible material. Standard railings shall be 
securely installed throughout the length of all walkways on open sides 
in accordance with subpart M of this part. Where walkways are ramped 
under safety screens, the walkway surface shall be skidproofed by cleats 
or by equivalent means.
    (3) Bulkheads used to contain compressed air shall be tested, where 
practicable, to prove their ability to resist the highest air pressure 
which may be expected to be used.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 47 
FR 14696, 14706, Apr. 6, 1982; 51 FR 25318, July 11, 1986; 61 FR 5510, 
Feb. 13, 1996]



Sec.  1926.804  Definitions applicable to this subpart.

    (a) Bulkhead--An airtight structure separating the working chamber 
from free air or from another chamber under a lesser pressure than the 
working pressure.
    (b) Caisson--A wood, steel, concrete or reinforced concrete, air- 
and water-tight chamber in which it is possible for men to work under 
air pressure greater than atmospheric pressure to excavate material 
below water level.
    (c) Decanting--A method used for decompressing under emergency 
circumstances. In this procedure, the employees are brought to 
atmospheric pressure with a very high gas tension in the tissues and 
then immediately recompressed in a second and separate chamber or lock.
    (d) Emergency locks--A lock designed to hold and permit the quick 
passage of an entire shift of employees.
    (e) High air--Air pressure used to supply power to pneumatic tools 
and devices.
    (f) Low air--Air supplied to pressurize working chambers and locks.
    (g) Man lock--A chamber through which men pass from one air pressure 
environment into another.
    (h) Materials lock--A chamber through which materials and equipment 
pass from one air pressure environment into another.
    (i) Medical lock--A special chamber in which employees are treated 
for decompression illness. It may also be used in preemployment physical 
examinations to determine the adaptability of the prospective employee 
to changes in pressure.
    (j) Normal condition--One during which exposure to compressed air is 
limited to a single continuous working period followed by a single 
decompression in any given 24-hour period; the total time of exposure to 
compressed air during the single continuous working period is not 
interrupted by exposure to normal atmospheric pressure, and a second 
exposure to compressed air does not occur until at least 12 consecutive 
hours of exposure to normal atmospheric pressure has elapsed since the 
employee has been under pressure.
    (k) Pressure--A force acting on a unit area. Usually shown as pounds 
per square inch. (p.s.i.)
    (l) Absolute pressure (p.s.i.a.)--The sum of the atmospheric 
pressure and gauge pressure (p.s.i.g.).
    (m) Atmospheric pressure--The pressure of air at sea level, usually 
14.7 p.s.i.a. (1 atmosphere), or 0 p.s.i.g.
    (n) Gauge pressure (p.s.i.g.)--Pressure measured by a gauge and 
indicating the pressure exceeding atmospheric.
    (o) Safety screen--An air- and water-tight diaphragm placed across 
the upper part of a compressed air tunnel between the face and bulkhead, 
in order to prevent flooding the crown of the tunnel between the safety 
screen and the bulkhead, thus providing a safe means of refuge and exit 
from a flooding or flooded tunnel.
    (p) Special decompression chamber--A chamber to provide greater 
comfort of employees when the total decompression time exceeds 75 
minutes.
    (q) Working chamber--The space or compartment under air pressure in 
which the work is being done.

[[Page 430]]



     Sec. Appendix A to Subpart S of Part 1926--Decompression Tables

    1. Explanation. The decompression tables are computed for working 
chamber pressures from 0 to 14 pounds, and from 14 to 50 pounds per 
square inch gauge inclusive by 2-pound increments and for exposure times 
for each pressure extending from one-half to over 8 hours inclusive. 
Decompressions will be conducted by two or more stages with a maximum of 
four stages, the latter for a working chamber pressure of 40 pounds per 
square inch gauge or over.
    Stage 1 consists of a reduction in ambient pressure ranging from 10 
to a maximum of 16 pounds per square inch, but in no instance will the 
pressure be reduced below 4 pounds at the end of stage 1. This reduction 
in pressure in stage 1 will always take place at a rate not greater than 
5 pounds per minute.
    Further reduction in pressure will take place during stage 2 and 
subsequent stages as required at a slower rate, but in no event at a 
rate greater than 1 pound per minute.
    Decompression Table No. 1 indicates in the body of the table the 
total decompression time in minutes for various combinations of working 
chamber pressure and exposure time.
    Decompression Table No. 2 indicates for the same various 
combinations of working chamber pressure and exposure time the 
following:
    a. The number of stages required;
    b. The reduction in pressure and the terminal pressure for each 
required stage;
    c. The time in minutes through which the reduction in pressure is 
accomplished for each required stage;
    d. The pressure reduction rate in minutes per pound for each 
required stage;

    Important Note: The Pressure Reduction in Each Stage is Accomplished 
at a Uniform Rate. Do Not Interpolate Between Values Shown on the 
Tables. Use the Next Higher Value of Working Chamber Pressure or 
Exposure Time Should the Actual Working Chamber Pressure or the Actual 
Exposure Time, Respectively, Fall Between Those for Which Calculated 
Values Are Shown in the Body of the Tables.

------------------------------------------------------------------------
                          Examples                              Minutes
------------------------------------------------------------------------
Example No. 1: 4 hours working period at 20 pounds gauge.
Decompression Table No. 1: 20 pounds for 4 hours, total               43
 decompression time.........................................
Decompression Table No. 2:
  Stage 1: Reduce pressure from 20 pounds to 4 pounds at the
   uniform rate of 5 pounds per minute.
    Elapsed time stage 1: 16/5..............................           3
  Stage 2 (final stage): Reduce pressure at a uniform rate
   from 4 pounds to 0-pound gage over a period of 40
   minutes.
  Rate--0.10 pound per minute or 10 minutes per pound.
  Stage 2 (final) elapsed time..............................          40
                                                             -----------
    Total time..............................................          43
Example No. 2: 5-hour working period at 24 pounds gage.
Decompression Table No. 1: 24 pounds for 5 hours, total              117
 decompression time.........................................
Decompression Table No. 2:
  Stage 1: Reduce pressure from 24 pounds to 8 pounds at the
   uniform rate of 5 pounds per minute.
    Elapsed time stage 1: 16/5..............................           3
  Stage 2: Reduce pressure at a uniform rate from 8 pounds             4
   to 4 pounds over a period of 4 minutes. Rate, 1 pound per
   minute elapsed time, stage 2.............................
  Transfer men to special decompression chamber maintaining
   the 4-pound pressure during the transfer operation.
  Stage 3 (final stage): In the special decompression                110
   chamber, reduce the pressure at a uniform rate from 4
   pounds to 0-pound gage over a period of 110 minutes.
   Rate, 0.037 pound per minute or 27.5 minutes per pound.
   Stage 3 (final) elapsed time.............................
                                                             -----------
    Total time..............................................         117
------------------------------------------------------------------------


                                                   Decompression Table No. 1--Total Decompression Time
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Working period hours
                     Work pressure p.s.i.g.                      ---------------------------------------------------------------------------------------
                                                                   \1/2\     1    1\1/2\     2       3       4       5       6       7       8    Over 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
9 to 12.........................................................       3       3       3       3       3       3       3       3       3       3       3
14..............................................................       6       6       6       6       6       6       6       6      16      16      33
16..............................................................       7       7       7       7       7       7      17      33      48      48      62
18..............................................................       7       7       7       8      11      17      48      63      63      73      87
20..............................................................       7       7       8      15      15      43      63      73      83     103     113
22..............................................................       9       9      16      24      38      68      93     103     113     128     133
24..............................................................      11      12      23      27      52      92     117     122     127     137     151
26..............................................................      13      14      29      34      69     104     126     141     142     142     163
28..............................................................      15      23      31      41      98     127     143     153     153     165     183
30..............................................................      17      28      38      62     105     143     165     168     178     188     204
32..............................................................      19      35      43      85     126     163     178     193     203     213     226
34..............................................................      21      39      58      98     151     178     195     218     223     233     248
36..............................................................      24      44      63     113     170     198     223     233     243     253     273
38..............................................................      28      49      73     128     178     203     223     238     253     263     278
40..............................................................      31      49      84     143     183     213     233     248     258     278     288

[[Page 431]]

 
42..............................................................      37      56     102     144     189     215     245     260     263     268     293
44..............................................................      43      64     118     154     199     234     254     264     269     269     293
46..............................................................      44      74     139     171     214     244     269     274     289     299     318
48..............................................................      51      89     144     189     229     269     299     309     319     319  ......
50..............................................................      58      94     164     209     249     279     309     329  ......  ......  ......
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                            Decompression Table No. 2
                     [Do not interpolate, use next higher value for conditions not computed]
----------------------------------------------------------------------------------------------------------------
                                                                    Decompression data
                                         -----------------------------------------------------------------------
  Working chamber pressure      Working                   Pressure reduc.                  Pressure
          p.s.i.g.              period                       p.s.i.g.           Time in     reduc.    Total time
                                 hours     Stage No. ------------------------    stage     rate Min/  decompress
                                                         From         To        minutes      pound      minutes
----------------------------------------------------------------------------------------------------------------
14..........................       \1/2\           1          14           4           2        0.20           6
                              ..........           2           4           0           4        1.00           6
                                       1           1          14           4           2        0.20           6
                              ..........           2           4           0           4        1.00           6
                                  1\1/2\           1          14           4           2        0.20           6
                              ..........           2           4           0           4        1.00           6
                                       2           1          14           4           2        0.20           6
                              ..........           2           4           0           4        1.00           6
                                       3           1          14           4           2        0.20           6
                              ..........           2           4           0           4        1.00           6
                                       4           1          14           0           2        0.20           6
                              ..........           2           4           0           4        1.00           6
                                       5           1          14           4           2        0.20           6
                              ..........           2           4           0           4        1.00           6
                                       6           1          14           4           2        0.20  ..........
                              ..........           2           4           0           4        1.00           6
                                       7           1          14           4           2        0.20  ..........
                              ..........           2           4           0          14        3.50          16
                                       8           1          14           4           2        0.20  ..........
                              ..........           2           4           0          14        3.50          16
                                  Over 8           1          14           4           2        0.20  ..........
                              ..........           2           4           0          30        7.50          32
16..........................       \1/2\           1          16           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                       1           1          16           4           3        0.20           7
                              ..........           2           4           0           4        1.00           7
                                  1\1/2\           1          16           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                       2           1          16           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                       3           1          16           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                       4           1          14           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                       5           1          14           4           3        0.20           7
                              ..........           2           4           0           4        3.50          17
                                       6           1          14           4           3        0.20  ..........
                              ..........           2           4           0          30        7.50          33
                                       7           1          14           4           3        0.20  ..........
                              ..........           2           4           0          45       11.25          48
                                       8           1          14           4           3        0.20  ..........
                              ..........           2           4           0          45       11.25          48
                                  Over 8           1          14           4           3        0.20  ..........
                              ..........           2           4           0          60       15.00          63
18..........................       \1/2\           1          18           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                       1           1          18           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                  1\1/2\           1          18           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                       2           1          18           4           3        0.20  ..........
                              ..........           2           4           0           5        1.25           8
                                       3           1          18           4           3        0.20  ..........

[[Page 432]]

 
                              ..........           2           4           0           8        2.00          11
                                       4           1          18           4           3        0.20  ..........
                              ..........           2           4           0          14        3.50          17
                                       5           1          18           4           3        0.20  ..........
                              ..........           2           4           0          45       11.25          48
                                       6           1          18           4           3        0.20  ..........
                              ..........           2           4           0          60       15.00          63
                                       7           1          18           4           3        0.20  ..........
                              ..........           2           4           0          60       15.00          63
                                       8           1          18           4           3        0.20  ..........
                              ..........           2           4           0          70       17.50          73
                                  Over 8           1          18           4           3        0.20  ..........
                              ..........           2           4           0          84       21.00          87
20..........................       \1/2\           1          20           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                       1           1          20           4           3        0.20  ..........
                              ..........           2           4           0           4        1.00           7
                                  1\1/2\           1          20           4           3        0.20  ..........
                              ..........           2           4           0           5        1.25           8
                                       2           1          20           4           3        0.20  ..........
                              ..........           2           4           0          12        3.00          15
                                       3           1          20           4           3        0.20  ..........
                              ..........           2           4           0          12        3.00          15
                                       4           1          20           4           3        0.20  ..........
                              ..........           2           4           0          40       10.00          43
                                       5           1          20           4           3        0.20  ..........
                              ..........           2           4           0          60       15.00          63
                                       6           1          20           4           3        0.20  ..........
                              ..........           2           4           0          70       17.50          73
                                       7           1          20           4           3        0.20  ..........
                              ..........           2           4           0          80       20.00          83
                                       8           1          20           4           3        0.20  ..........
                              ..........           2           4           0         100       25.00         103
                                  Over 8           1          20           4           3        0.20  ..........
                              ..........           2           4           0         110       27.50         113
22..........................       \1/2\           1          22           6           3        0.20  ..........
                              ..........           2           6           0           6        1.00           9
                                       1           1          22           6           3        0.20  ..........
                              ..........           2           6           0           6        1.00           9
                                  1\1/2\           1          22           6           3        0.20  ..........
                              ..........           2           6           0          13        2.20          16
                                       2           1          22           6           3        0.20  ..........
                              ..........           2           6           0          21        3.50          24
                                       3           1          22           6           3        0.20  ..........
                              ..........           2           6           0          35        5.85          38
                                       4           1          22           6           3        0.20  ..........
                              ..........           2           6           0          65       10.83          68
                                       5           1          22           6           3        0.20  ..........
                              ..........           2           6           0          90       15.00          93
                                       6           1          22           6           3        0.20  ..........
                              ..........           2           4           0         100       16.67         103
                                       7           1          22           6           3        0.20  ..........
                              ..........           2           6           0         110       18.35         113
                                       8           1          22           6           3        0.20  ..........
                              ..........           2           6           0         125       20.80         128
                                  Over 8           1          22           6           3        0.20  ..........
                              ..........           2           6           0         130       21.70         133
24..........................       \1/2\           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0           4        1.00          11
                                       1           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0           5        1.25          12
                                  1\1/2\           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0          16        4.00          23

[[Page 433]]

 
                                       2           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0          20        5.00          27
                                       3           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0          45       11.25          52
                                       4           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0          85       21.25          92
                                       5           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0         110       27.50         117
                                       6           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0         115       28.80         122
                                       7           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0         120       30.00         127
                                       8           1          24           8           3        0.20  ..........
                              ..........           2           8           4           4        1.00  ..........
                              ..........           3           4           0         130       32.50         137
                                  Over 8           1          24           8           3        0.20  ..........
                              ..........           2           8           4           8        2.00  ..........
                              ..........           3           4           0         140       35.00         151
26..........................       \1/2\           1          26          10           3        0.20  ..........
                              ..........           2          10           4           6        1.00  ..........
                              ..........           3           4           0           4        1.00          13
                                       1           1          26          10           3        0.20  ..........
                              ..........           2          10           4           6        1.00  ..........
                              ..........           3           4           0           5        1.25          14
                                  1\1/2\           1          26          10           3        0.20  ..........
                              ..........           2          10           4           6        1.00  ..........
                              ..........           3           4           0          20        5.00          29
                                       2           1          26          10           3        0.20  ..........
                              ..........           2          10           4           6        1.00  ..........
                              ..........           3           4           0          25        6.25          34
                                       3           1          26          10           3        0.20  ..........
                              ..........           2          10           4           6        1.00  ..........
                              ..........           3           4           0          60       15.00          69
                                       4           1          26          10           3        0.20  ..........
                              ..........           2          10           4           6        1.00  ..........
                              ..........           3           4           0          95       23.75         104
                                       5           1          26          10           3        0.20  ..........
                              ..........           2          10           4           8        1.33  ..........
                              ..........           3           4           0         115       28.80         126
                                       6           1          26          10           3        0.20  ..........
                              ..........           2          10           4           8        1.33  ..........
                              ..........           3           4           0         130       32.50         141
                                       7           1          26          10           3        2.20  ..........
                              ..........           2          10           4           9        1.50  ..........
                              ..........           3           4           0         130       32.50         142
                                       8           1          26          10           3        0.20  ..........
                              ..........           2          10           4           9        1.50  ..........
                              ..........           3           4           0         130       32.50         142
                                  Over 8           1          26          10           3        0.20  ..........
                              ..........           2          10           4          30        5.00  ..........
                              ..........           3           4           0          30       32.50         163
28..........................       \1/2\           1          28          12           3        0.20  ..........
                              ..........           2          12           4           8        1.00  ..........
                              ..........           3           4           0           4        1.00          15
                                       1           1          28          12           3        0.20  ..........
                              ..........           2          12           4           8        1.00  ..........
                              ..........           3           4           0          12        3.00          23
                                  1\1/2\           1          28          12           3        0.20  ..........
                              ..........           2          12           4           8        1.00  ..........
                              ..........           3           4           0          20        5.00          31

[[Page 434]]

 
                                       2           1          28          12           3        0.20  ..........
                              ..........           2          12           4           8        1.00  ..........
                              ..........           3           4           0          30        7.50          41
                                       3           1          28          12           3        0.20  ..........
                              ..........           2          12           4          10        1.25  ..........
                              ..........           3           4           0          85       21.20          98
                                       4           1          28          12           3        0.20  ..........
                              ..........           2          12           4          14        1.75  ..........
                              ..........           3           4           0         110       27.50         127
                                       5           1          28          12           3        0.20  ..........
                              ..........           2          12           4          20        2.50  ..........
                              ..........           3           4           0         120       30.00         143
                                       6           1          28          12           3        0.20  ..........
                              ..........           2          12           4          20        2.50  ..........
                              ..........           3           4           0         130       32.50         153
                                       7           1          28          12           3        0.20  ..........
                              ..........           2          12           4          20        2.50  ..........
                              ..........           3           4           0         120       32.50         153
                                       8           1          28          12           3        0.20  ..........
                              ..........           2          12           4          32        4.00  ..........
                              ..........           3           4           0         130       32.50         165
                                  Over 8           1          28          12           3        0.20  ..........
                              ..........           2          12           4          50        6.25  ..........
                              ..........           3           4           0         130       32.50         183
30..........................       \1/2\           1          30          14           3        0.20  ..........
                              ..........           2          14           4          10        1.00  ..........
                              ..........           3           4           0           4        1.00          17
                                       1           1          30          14           3        0.20  ..........
                              ..........           2          14           4          10        1.00  ..........
                              ..........           3           4           0          15        3.75          28
                                  1\1/2\           1          30          14           3        0.20  ..........
                              ..........           2          14           4          10        1.00  ..........
                              ..........           3           4           0          25        6.25          38
                                       2           1          30          14           3        0.20  ..........
                              ..........           2          14           4          14        1.40  ..........
                              ..........           3           4           0          45       11.25          62
                                       3           1          30          14           3        0.20  ..........
                              ..........           2          14           4          17        1.70  ..........
                              ..........           3           4           0          85       21.20         105
                                       4           1          30          14           3        0.20  ..........
                              ..........           2          14           4          30        3.00  ..........
                              ..........           3           4           0         110       27.50         143
                                       5           1          30          14           3        0.20  ..........
                              ..........           2          14           4          35        3.50  ..........
                              ..........           3           4           0         130       32.50         165
                                       6           1          30          14           3        0.20  ..........
                              ..........           2          14           4          35        3.50  ..........
                              ..........           3           4           0         130       32.50         168
                                       7           1          30          14           3        0.20  ..........
                              ..........           2          14           4          45        4.50  ..........
                              ..........           3           4           0         130       32.50         178
                                       8           1          30          14           3        0.20  ..........
                              ..........           2          14           4          55        5.50  ..........
                              ..........           3           4           0         130       32.50         188
                                  Over 8           1          30          14           3        0.20  ..........
                              ..........           2          14           4          71        7.10  ..........
                              ..........           3           4           0         130       32.50         204
32..........................       \1/2\           1          32          16           3        0.20  ..........
                              ..........           2          16           4          12        1.00  ..........
                              ..........           3           4           0           4        1.00          19
                                       1           1          32          16           3        0.20  ..........
                              ..........           2          16           4          12        1.00  ..........
                              ..........           3           4           0          20        5.00          35
                                  1\1/2\           1          32          16           3        0.20  ..........
                              ..........           2          16           4          15        1.25  ..........
                              ..........           3           4           0          25        6.25          43

[[Page 435]]

 
                                       2           1          32          16           3        0.20  ..........
                              ..........           2          16           4          22        1.83  ..........
                              ..........           3           4           0          60       15.00          85
                                       3           1          32          16           3        0.20  ..........
                              ..........           2          16           4          28        2.33  ..........
                              ..........           3           4           0          95       23.75         126
                                       4           1          32          16           3        0.20  ..........
                              ..........           2          16           4          40        3.33  ..........
                              ..........           3           4           0         120       30.00         163
                                       5           1          32          16           3        0.20  ..........
                              ..........           2          16           4          45        3.75  ..........
                              ..........           3           4           0         130       32.50         178
                                       6           1          32          16           3        0.20  ..........
                              ..........           2          16           4          60        5.00  ..........
                              ..........           3           4           0         130       32.50         193
                                       7           1          32          16           3        0.20  ..........
                              ..........           2          16           4          70        5.83  ..........
                              ..........           3           4           0         130       32.50         203
                                       8           1          32          16           3        0.20  ..........
                              ..........           2          16           4          80        6.67  ..........
                              ..........           3           4           0         130       32.50         213
                                  Over 8           1          32          16           3        0.20  ..........
                              ..........           2          16           4          93        7.75  ..........
                              ..........           3           4           0         130       32.50         226
34..........................       \1/2\           1          34          18           3        0.20  ..........
                              ..........           2          18           4          14        1.00  ..........
                              ..........           3           4           0           4        1.00          21
                                       1           1          34          18           3        0.20  ..........
                              ..........           2          18           4          14        1.00  ..........
                              ..........           3           4           0          22        5.50          39
                                  1\1/2\           1          34          18           3        0.20  ..........
                              ..........           2          18           4          25        1.80  ..........
                              ..........           3           4           0          30        7.50          58
                                       2           1          34          18           3        0.20  ..........
                              ..........           2          18           4          35        2.50  ..........
                              ..........           3           4           0          60       15.00          98
                                       3           1          34          18           3        0.20  ..........
                              ..........           2          18           4          43        3.10  ..........
                              ..........           3           4           0         105       26.25         151
                                       4           1          34          18           3        0.20  ..........
                              ..........           2          18           4          55        3.93  ..........
                              ..........           3           4           0         120       30.00         178
                                       5           1          34          18           3        0.20  ..........
                              ..........           2          18           4          62        4.43  ..........
                              ..........           3           4           0         130       32.50         195
                                       6           1          34          18           3        0.20  ..........
                              ..........           2          18           4          85        6.07  ..........
                              ..........           3           4           0         130       32.50         218
                                       7           1          34          18           3        0.20  ..........
                              ..........           2          18           4          90        6.43  ..........
                              ..........           3           4           0         130       32.50         223
                                       8           1          34          18           3        0.20  ..........
                              ..........           2          18           4         100        7.15  ..........
                              ..........           3           4           0         130       32.50         233
                                  Over 8           1          34          18           3        0.20  ..........
                              ..........           2          18           4         115        8.23  ..........
                              ..........           3           4           0         130       32.50         248
36..........................       \1/2\           1          36          20           3        0.20  ..........
                              ..........           2          20           4          16        1.00  ..........
                              ..........           3           4           0           5        1.25          24
                                       1           1          36          20           3        0.20  ..........
                              ..........           2          20           4          16        1.00  ..........
                              ..........           3           4           0          25        6.25          44
                                  1\1/2\           1          36          20           3        0.20  ..........
                              ..........           2          20           4          30        1.88  ..........
                              ..........           3           4           0          30        7.50          63

[[Page 436]]

 
                                       2           1          36          20           3        0.20  ..........
                              ..........           2          20           4          40        2.50  ..........
                              ..........           3           4           0          70       17.50         113
                                       3           1          36          20           3        0.20  ..........
                              ..........           2          20           4          52        3.25  ..........
                              ..........           3           4           0         115       28.75         170
                                       4           1          36          20           3        0.20  ..........
                              ..........           2          20           4          65        4.06  ..........
                              ..........           3           4           0         130       32.50         198
                                       5           1          36          20           3        0.20  ..........
                              ..........           2          20           4          90        5.63  ..........
                              ..........           3           4           0         130       32.50         223
                                       6           1          36          20           3        0.20  ..........
                              ..........           2          20           4         100        6.25  ..........
                              ..........           3           4           0         130       32.50         233
                                       7           1          36          20           3        0.20  ..........
                              ..........           2          20           4         110        6.88  ..........
                              ..........           3           4           0         130       32.50         243
                                       8           1          36          20           3        0.20  ..........
                              ..........           2          20           4         120        7.50  ..........
                              ..........           3           4           0         130       32.50         253
                                  Over 8           1          36          20           3        0.20  ..........
                              ..........           2          20           4         140        8.75  ..........
                              ..........           3           4           0         130       32.50         273
38..........................       \1/2\           1          38          22           3        0.20  ..........
                              ..........           2          22           6          16        1.00  ..........
                              ..........           3           6           0           9        1.50          28
                                       1           1          38          22           3        0.20  ..........
                              ..........           2          22           6          16        1.00  ..........
                              ..........           3           6           0          30        5.00          49
                                  1\1/2\           1          38          22           3        0.20  ..........
                              ..........           2          22           6          20        1.25  ..........
                              ..........           3           6           0          50        8.34          73
                                       2           1          38          22           3        0.20  ..........
                              ..........           2          22           6          30        1.88  ..........
                              ..........           3           6           0          95       15.83         128
                                       3           1          38          22           3        0.20  ..........
                              ..........           2          22           6          35        2.19  ..........
                              ..........           3           6           0         140       23.35         178
                                       4           1          38          22           3        0.20  ..........
                              ..........           2          22           6          50        3.12  ..........
                              ..........           3           6           0         150       25.00         203
                                       5           1          38          22           3        0.20  ..........
                              ..........           2          22           6          55        3.44  ..........
                              ..........           3           6           0         165       27.50         223
                                       6           1          38          22           3        0.20  ..........
                              ..........           2          22           6          70        4.38  ..........
                              ..........           3           6           0         165       27.50         238
                                       7           1          38          22           3        0.20  ..........
                              ..........           2          22           6          85        5.32  ..........
                              ..........           3           6           0         165       27.50         253
                                       8           1          38          22           3        0.20  ..........
                              ..........           2          22           6          95        5.93  ..........
                              ..........           3           6           0         165       27.50         263
                                  Over 8           1          38          22           3        0.20  ..........
                              ..........           2          22           6         110        6.88  ..........
                              ..........           3           6           0         165       27.50         278
40..........................       \1/2\           1          40          24           3        0.20  ..........
                              ..........           2          24           8          16        1.00  ..........
                              ..........           3           8           4           4        1.00  ..........
                              ..........           4           4           0           8        2.00          31
                                       1           1          40          24           3        0.20  ..........
                              ..........           2          24           8          16        1.00  ..........
                              ..........           3           8           4           5        1.25  ..........
                              ..........           4           4           0          25        6.25          49
                                  1\1/2\           1          40          24           3        0.20  ..........

[[Page 437]]

 
                              ..........           2          24           8          16        1.00  ..........
                              ..........           3           8           4          20        5.00  ..........
                              ..........           4           4           0          45       11.25          84
                                       2           2          40          24           3        0.20  ..........
                              ..........           1          24           8          25        1.56  ..........
                              ..........           3           8           4          20        5.00  ..........
                              ..........           4           4           0          95       23.75         143
                                       3           1          40          24           3        0.20  ..........
                              ..........           2          24           8          30        1.88  ..........
                              ..........           3           8           4          30        7.50  ..........
                              ..........           4           4           0         120       30.00         183
                                       4           1          40          24           3        0.20  ..........
                              ..........           2          24           8          45        2.81  ..........
                              ..........           3           8           4          35        8.75  ..........
                              ..........           4           4           0         130       32.50         213
                                       5           1          40          24           3        0.20  ..........
                              ..........           2          24           8          47        2.94  ..........
                              ..........           3           8           4          53       13.25  ..........
                              ..........           4           4           0         130       32.50         233
                                       6           1          40          24           3        0.20  ..........
                              ..........           2          24           8          55        3.44  ..........
                              ..........           3           8           4          60       15.00  ..........
                              ..........           4           4           0         130       32.50         248
                                       7           1          40          24           3        0.20  ..........
                              ..........           2          24           8          65        4.06  ..........
                              ..........           3           8           4          60       15.00  ..........
                              ..........           4           4           0         130       32.50         258
                                       8           1          40          24           3        0.20  ..........
                              ..........           2          24           8          75        4.70  ..........
                              ..........           3           8           4          60       15.00  ..........
                              ..........           4           4           0         130       32.50         268
                                  Over 8           1          40          24           3        0.20  ..........
                              ..........           2          24           8          95        5.93  ..........
                              ..........           3           8           4          60       15.00  ..........
                              ..........           4           4           0         130       32.50         288
42..........................       \1/2\           1          42          26           3        0.20  ..........
                              ..........           2          26          10          16        1.00  ..........
                              ..........           3          10           4           6        1.00  ..........
                              ..........           4           4           0          12        3.00          37
                                       1           1          42          26           3        0.20  ..........
                              ..........           2          26          10          16        1.00  ..........
                              ..........           3          10           4          12        2.00  ..........
                              ..........           4           4           0          25        6.25          56
                                  1\1/2\           1          42          26           3        0.20  ..........
                              ..........           2          26          10          16        1.00  ..........
                              ..........           3          10           4          23        3.83  ..........
                              ..........           4           4           0          60       15.00         102
                                       2           1          42          26           3        0.20  ..........
                              ..........           2          26          10          16        1.00  ..........
                              ..........           3          10           4          30        5.00  ..........
                              ..........           4           4           0          95       23.75         144
                                       3           1          42          26           3        0.20  ..........
                              ..........           2          26          10          16        1.00  ..........
                              ..........           3          10           4          50        8.34  ..........
                              ..........           4           4           0         120       30.00         189
                                       4           1          42          26           3        0.20  ..........
                              ..........           2          26          10          17        1.06  ..........
                              ..........           3          10           4          65       10.83  ..........
                              ..........           4           4           0         130       32.50         215
                                       5           1          42          26           3        0.20  ..........
                              ..........           2          26          10          27        1.69  ..........
                              ..........           3          10           4          85       14.18  ..........
                              ..........           4           4           0         130       32.50         245
                                       6           1          42          26           3        0.20  ..........
                              ..........           2          26          10          27        1.69  ..........
                              ..........           3          10           4         100       16.67  ..........

[[Page 438]]

 
                              ..........           4           4           0         130       32.50         260
                                       7           1          42          26           3        0.20  ..........
                              ..........           2          26          10          30        1.88  ..........
                              ..........           3          10           4         100       16.67  ..........
                              ..........           4           4           0         130       32.50         263
                                       8           1          42          26           3        0.20  ..........
                              ..........           2          26          10          35        2.19  ..........
                              ..........           3          10           4         100       16.67  ..........
                              ..........           4           4           0         130       32.50         268
                                  Over 8           1          42          26           3        0.20  ..........
                              ..........           2          26          10          60        3.75  ..........
                              ..........           3          10           4         100       16.67  ..........
                              ..........           4           4           0         130       32.50         293
44..........................       \1/2\           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4           8        1.00  ..........
                              ..........           4           4           0          16        4.00          43
                                       1           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4          20        2.50  ..........
                              ..........           4           4           0          25        6.25          64
                                  1\1/2\           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4          27        3.38  ..........
                              ..........           4           4           0          72       18.00         118
                                       2           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4          40        5.00  ..........
                              ..........           4           4           0          95       23.75         154
                                       3           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4          60        7.50  ..........
                              ..........           4           4           0         120       30.00         199
                                       4           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4          85       10.62  ..........
                              ..........           4           4           0         130       32.50         234
                                       5           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4         105       13.13  ..........
                              ..........           4           4           0         130       32.50         254
                                       6           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4         115       14.38  ..........
                              ..........           4           4           0         130       32.50         264
                                       7           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4         120       15.00  ..........
                              ..........           4           4           0         130       32.50         269
                                       8           1          44          28           3        0.20  ..........
                              ..........           2          28          12          16        1.00  ..........
                              ..........           3          12           4         120       15.00  ..........
                              ..........           4           4           0         130       32.50         269
                                  Over 8           1          44          28           3        0.20  ..........
                              ..........           2          28          12          40        2.50  ..........
                              ..........           3          12           4         120       15.00  ..........
                              ..........           4           4           0         130       32.50         293
46..........................       \1/2\           1          46          30           3        0.20  ..........
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4          10        1.00  ..........
                              ..........           4           4           0          15        3.75          44
                                       1           1          46          30           3        0.20  ..........
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4          25        2.50  ..........
                              ..........           4           4           0          30        7.50          74
                                  1\1/2\           1          46          30           3        0.20  ..........

[[Page 439]]

 
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4          35        3.50  ..........
                              ..........           4           4           0          85       21.20         139
                                       2           1          46          30           3        0.20  ..........
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4          47        4.70  ..........
                              ..........           4           4           0         105       26.25         171
                                       3           1          46          30           3        0.20  ..........
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4          65        6.50  ..........
                              ..........           4           4           0         130       32.50         214
                                       4           1          46          30           3        0.20  ..........
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4          95        9.50  ..........
                              ..........           4           4           0         130       32.50         244
                                       5           1          46          30           3        0.20  ..........
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4         120       12.00  ..........
                              ..........           4           4           0         130       32.50         269
                                       6           1          46          30           3        0.20  ..........
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4         125       12.50  ..........
                              ..........           4           4           0         130       32.50         274
                                       7           1          46          30           3        0.20  ..........
                              ..........           2          34          14          16        1.00  ..........
                              ..........           3          10           4         140       14.00  ..........
                              ..........           4           4           0         130       32.50         289
                                       8           1          46          30           3        0.20  ..........
                              ..........           2          30          14          16        1.00  ..........
                              ..........           3          14           4         150       15.00  ..........
                              ..........           4           4           0         130       32.50         299
                                  Over 8           1          46          30           3        0.20  ..........
                              ..........           2          30          14          25        1.56  ..........
                              ..........           3          14           4         160       16.00  ..........
                              ..........           4           4           0         130       32.50         318
48..........................       \1/2\           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4          12        1.00  ..........
                              ..........           4           4           0          20        5.00          51
                                       1           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4          35        2.92  ..........
                              ..........           4           4           0          35        8.75          89
                                  1\1/2\           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4          45        3.75  ..........
                              ..........           4           4           0          80       20.00         144
                                       2           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4          60        5.00  ..........
                              ..........           4           4           0         110       27.50         189
                                       3           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4          90        7.50  ..........
                              ..........           4           4           0         120       30.00         229
                                       4           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4         120       10.00  ..........
                              ..........           4           4           0         130       32.50         269
                                       5           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4         140       11.67  ..........
                              ..........           4           4           0         130       32.50         209
                                       6           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4         160       13.33  ..........

[[Page 440]]

 
                              ..........           4           4           0         130       32.50         309
                                       7           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4         170       14.17  ..........
                              ..........           4           4           0         130       32.50  ..........
                                       8           1          48          32           3        0.20  ..........
                              ..........           2          32          16          16        1.00  ..........
                              ..........           3          16           4         170       14.17  ..........
                              ..........           4           4           0         130       32.50  ..........
50..........................       \1/2\           1          50          34           3        0.20  ..........
                              ..........           2          34          18          16        1.00  ..........
                              ..........           3          18           4          14        1.00  ..........
                              ..........           4           4           0          25        6.25          58
                                       1           1          50          34           3        0.20  ..........
                              ..........           2          34          18          16        1.00  ..........
                              ..........           3          18           4          40        2.86  ..........
                              ..........           4           4           0          35        8.75          94
                                  1\1/2\           1          50          34           3        0.20  ..........
                              ..........           2          34          18          16        1.00  ..........
                              ..........           3          18           4          55        3.93  ..........
                              ..........           4           4           0          90       22.50         164
                                       2           1          50          34           3        0.20  ..........
                              ..........           2          34          18          16        1.00  ..........
                              ..........           3          18           4          70        5.00  ..........
                              ..........           4           4           0         120       30.00         209
                                       3           1          50          34           3        0.20  ..........
                              ..........           2          34          18          16        1.00  ..........
                              ..........           3          18           4         100        7.15  ..........
                              ..........           4           4           0         130       32.50         249
                                       4           1          50          34           3        0.20  ..........
                              ..........           2          34          18          16        1.00  ..........
                              ..........           3          18           4         130        8.58  ..........
                              ..........           4           4           0         130       32.50         279
                                       5           1          50          34           3        0.20  ..........
                              ..........           2          34          18          16        1.00  ..........
                              ..........           3          18           4         160       11.42  ..........
----------------------------------------------------------------------------------------------------------------


                                      Decompression Table No. 2--Continued
                     [Do not interpolate, use next higher value for conditions not computed]
----------------------------------------------------------------------------------------------------------------
                                                                    Decompression data
                                         -----------------------------------------------------------------------
  Working chamber pressure      Working                   Pressure reduc.                  Pressure
          p.s.i.g.              period                       p.s.i.g.           Time in     reduc.    Total time
                                 hours     Stage No. ------------------------    stage     rate Min/  decompress
                                                         From         To        minutes      pound      minutes
----------------------------------------------------------------------------------------------------------------
                              ..........           4           4           0         130       32.50         309
                                       6           1          50          34           3        0.20  ..........
                              ..........           2          34          18          16        1.00  ..........
                              ..........           3          18           4         180       12.85  ..........
                              ..........           4           4           0         130       32.50         329
----------------------------------------------------------------------------------------------------------------


[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35311, June 30, 1993]



                          Subpart T_Demolition

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and Secretary of 
Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), or 1-
2012 (77 FR 3912), as applicable.



Sec.  1926.850  Preparatory operations.

    (a) Prior to permitting employees to start demolition operations, an 
engineering survey shall be made, by a

[[Page 441]]

competent person, of the structure to determine the condition of the 
framing, floors, and walls, and possibility of unplanned collapse of any 
portion of the structure. Any adjacent structure where employees may be 
exposed shall also be similarly checked. The employer shall have in 
writing evidence that such a survey has been performed.
    (b) When employees are required to work within a structure to be 
demolished which has been damaged by fire, flood, explosion, or other 
cause, the walls or floor shall be shored or braced.
    (c) All electric, gas, water, steam, sewer, and other service lines 
shall be shut off, capped, or otherwise controlled, outside the building 
line before demolition work is started. In each case, any utility 
company which is involved shall be notified in advance.
    (d) If it is necessary to maintain any power, water or other 
utilities during demolition, such lines shall be temporarily relocated, 
as necessary, and protected.
    (e) It shall also be determined if any type of hazardous chemicals, 
gases, explosives, flammable materials, or similarly dangerous 
substances have been used in any pipes, tanks, or other equipment on the 
property. When the presence of any such substances is apparent or 
suspected, testing and purging shall be performed and the hazard 
eliminated before demolition is started.
    (f) Where a hazard exists from fragmentation of glass, such hazards 
shall be removed.
    (g) Where a hazard exists to employees falling through wall 
openings, the opening shall be protected to a height of approximately 42 
inches.
    (h) When debris is dropped through holes in the floor without the 
use of chutes, the area onto which the material is dropped shall be 
completely enclosed with barricades not less than 42 inches high and not 
less than 6 feet back from the projected edge of the opening above. 
Signs, warning of the hazard of falling materials, shall be posted at 
each level. Removal shall not be permitted in this lower area until 
debris handling ceases above.
    (i) All floor openings, not used as material drops, shall be covered 
over with material substantial enough to support the weight of any load 
which may be imposed. Such material shall be properly secured to prevent 
its accidental movement.
    (j) Except for the cutting of holes in floors for chutes, holes 
through which to drop materials, preparation of storage space, and 
similar necessary preparatory work, the demolition of exterior walls and 
floor construction shall begin at the top of the structure and proceed 
downward. Each story of exterior wall and floor construction shall be 
removed and dropped into the storage space before commencing the removal 
of exterior walls and floors in the story next below.
    (k) Employee entrances to multi-story structures being demolished 
shall be completely protected by sidewalk sheds or canopies, or both, 
providing protection from the face of the building for a minimum of 8 
feet. All such canopies shall be at least 2 feet wider than the building 
entrances or openings (1 foot wider on each side thereof), and shall be 
capable of sustaining a load of 150 pounds per square foot.



Sec.  1926.851  Stairs, passageways, and ladders.

    (a) Only those stairways, passageways, and ladders, designated as 
means of access to the structure of a building, shall be used. Other 
access ways shall be entirely closed at all times.
    (b) All stairs, passageways, ladders and incidental equipment 
thereto, which are covered by this section, shall be periodically 
inspected and maintained in a clean safe condition.
    (c) In a multistory building, when a stairwell is being used, it 
shall be properly illuminated by either natural or artificial means, and 
completely and substantially covered over at a point not less than two 
floors below the floor on which work is being performed, and access to 
the floor where the work is in progress shall be through a properly 
lighted, protected, and separate passageway.



Sec.  1926.852  Chutes.

    (a) No material shall be dropped to any point lying outside the 
exterior walls of the structure unless the area is effectively 
protected.

[[Page 442]]

    (b) All materials chutes, or sections thereof, at an angle of more 
than 45[deg] from the horizontal, shall be entirely enclosed, except for 
openings equipped with closures at or about floor level for the 
insertion of materials. The openings shall not exceed 48 inches in 
height measured along the wall of the chute. At all stories below the 
top floor, such openings shall be kept closed when not in use.
    (c) A substantial gate shall be installed in each chute at or near 
the discharge end. A competent employee shall be assigned to control the 
operation of the gate, and the backing and loading of trucks.
    (d) When operations are not in progress, the area surrounding the 
discharge end of a chute shall be securely closed off.
    (e) Any chute opening, into which workmen dump debris, shall be 
protected by a substantial guardrail approximately 42 inches above the 
floor or other surface on which the men stand to dump the material. Any 
space between the chute and the edge of openings in the floors through 
which it passes shall be solidly covered over.
    (f) Where the material is dumped from mechanical equipment or 
wheelbarrows, a securely attached toeboard or bumper, not less than 4 
inches thick and 6 inches high, shall be provided at each chute opening.
    (g) Chutes shall be designed and constructed of such strength as to 
eliminate failure due to impact of materials or debris loaded therein.



Sec.  1926.853  Removal of materials through floor openings.

    Any openings cut in a floor for the disposal of materials shall be 
no larger in size than 25 percent of the aggregate of the total floor 
area, unless the lateral supports of the removed flooring remain in 
place. Floors weakened or otherwise made unsafe by demolition operations 
shall be shored to carry safely the intended imposed load from 
demolition operations.



Sec.  1926.854  Removal of walls, masonry sections, and chimneys.

    (a) Masonry walls, or other sections of masonry, shall not be 
permitted to fall upon the floors of the building in such masses as to 
exceed the safe carrying capacities of the floors.
    (b) No wall section, which is more than one story in height, shall 
be permitted to stand alone without lateral bracing, unless such wall 
was originally designed and constructed to stand without such lateral 
support, and is in a condition safe enough to be self-supporting. All 
walls shall be left in a stable condition at the end of each shift.
    (c) Employees shall not be permitted to work on the top of a wall 
when weather conditions constitute a hazard.
    (d) Structural or load-supporting members on any floor shall not be 
cut or removed until all stories above such a floor have been demolished 
and removed. This provision shall not prohibit the cutting of floor 
beams for the disposal of materials or for the installation of 
equipment, provided that the requirements of Sec. Sec.  1926.853 and 
1926.855 are met.
    (e) Floor openings within 10 feet of any wall being demolished shall 
be planked solid, except when employees are kept out of the area below.
    (f) In buildings of ``skeleton-steel'' construction, the steel 
framing may be left in place during the demolition of masonry. Where 
this is done, all steel beams, girders, and similar structural supports 
shall be cleared of all loose material as the masonry demolition 
progresses downward.
    (g) Walkways or ladders shall be provided to enable employees to 
safely reach or leave any scaffold or wall.
    (h) Walls, which serve as retaining walls to support earth or 
adjoining structures, shall not be demolished until such earth has been 
properly braced or adjoining structures have been properly underpinned.
    (i) Walls, which are to serve as retaining walls against which 
debris will be piled, shall not be so used unless capable of safely 
supporting the imposed load.



Sec.  1926.855  Manual removal of floors.

    (a) Openings cut in a floor shall extend the full span of the arch 
between supports.
    (b) Before demolishing any floor arch, debris and other material 
shall be

[[Page 443]]

removed from such arch and other adjacent floor area. Planks not less 
than 2 inches by 10 inches in cross section, full size undressed, shall 
be provided for, and shall be used by employees to stand on while 
breaking down floor arches between beams. Such planks shall be so 
located as to provide a safe support for the workmen should the arch 
between the beams collapse. The open space between planks shall not 
exceed 16 inches.
    (c) Safe walkways, not less than 18 inches wide, formed of planks 
not less than 2 inches thick if wood, or of equivalent strength if 
metal, shall be provided and used by workmen when necessary to enable 
them to reach any point without walking upon exposed beams.
    (d) Stringers of ample strength shall be installed to support the 
flooring planks, and the ends of such stringers shall be supported by 
floor beams or girders, and not by floor arches alone.
    (e) Planks shall be laid together over solid bearings with the ends 
overlapping at least 1 foot.
    (f) When floor arches are being removed, employees shall not be 
allowed in the area directly underneath, and such an area shall be 
barricaded to prevent access to it.
    (g) Demolition of floor arches shall not be started until they, and 
the surrounding floor area for a distance of 20 feet, have been cleared 
of debris and any other unnecessary materials.



Sec.  1926.856  Removal of walls, floors, and material with equipment.

    (a) Mechanical equipment shall not be used on floors or working 
surfaces unless such floors or surfaces are of sufficient strength to 
support the imposed load.
    (b) Floor openings shall have curbs or stop-logs to prevent 
equipment from running over the edge.
    (c) Cranes, derricks, and other mechanical equipment. Employers must 
meet the requirements specified in subparts N, O, and CC of this part.

[44 FR 8577, Feb. 9, 1979 , 75 FR 48135, Aug. 9, 2010; 77 FR 49730, Aug. 
17, 2012; 78 FR 23843, Apr. 23, 2013]



Sec.  1926.857  Storage.

    (a) The storage of waste material and debris on any floor shall not 
exceed the allowable floor loads.
    (b) In buildings having wooden floor construction, the flooring 
boards may be removed from not more than one floor above grade to 
provide storage space for debris, provided falling material is not 
permitted to endanger the stability of the structure.
    (c) When wood floor beams serve to brace interior walls or free-
standing exterior walls, such beams shall be left in place until other 
equivalent support can be installed to replace them.
    (d) Floor arches, to an elevation of not more than 25 feet above 
grade, may be removed to provide storage area for debris: Provided, That 
such removal does not endanger the stability of the structure.
    (e) Storage space into which material is dumped shall be blocked 
off, except for openings necessary for the removal of material. Such 
openings shall be kept closed at all times when material is not being 
removed.



Sec.  1926.858  Removal of steel construction.

    (a) When floor arches have been removed, planking in accordance with 
Sec.  1926.855(b) shall be provided for the workers engaged in razing 
the steel framing.
    (b) Cranes, derricks, and other hoisting equipment. Employers must 
meet the requirements specified in subparts N and CC of this part.
    (c) Steel construction shall be dismantled column length by column 
length, and tier by tier (columns may be in two-story lengths).
    (d) Any structural member being dismembered shall not be 
overstressed.

[44 FR 8577, Feb. 9, 1979 , 75 FR 48135, Aug. 9, 2010; 77 FR 49730, Aug. 
17, 2012; 78 FR 23843, Apr. 23, 2013]



Sec.  1926.859  Mechanical demolition.

    (a) No workers shall be permitted in any area, which can be 
adversely affected by demolition operations, when balling or clamming is 
being performed. Only those workers necessary for the performance of the 
operations

[[Page 444]]

shall be permitted in this area at any other time.
    (b) The weight of the demolition ball shall not exceed 50 percent of 
the crane's rated load, based on the length of the boom and the maximum 
angle of operation at which the demolition ball will be used, or it 
shall not exceed 25 percent of the nominal breaking strength of the line 
by which it is suspended, whichever results in a lesser value.
    (c) The crane boom and loadline shall be as short as possible.
    (d) The ball shall be attached to the loadline with a swivel-type 
connection to prevent twisting of the loadline, and shall be attached by 
positive means in such manner that the weight cannot become accidentally 
disconnected.
    (e) When pulling over walls or portions thereof, all steel members 
affected shall have been previously cut free.
    (f) All roof cornices or other such ornamental stonework shall be 
removed prior to pulling walls over.
    (g) During demolition, continuing inspections by a competent person 
shall be made as the work progresses to detect hazards resulting from 
weakened or deteriorated floors, or walls, or loosened material. No 
employee shall be permitted to work where such hazards exist until they 
are corrected by shoring, bracing, or other effective means.



Sec.  1926.860  Selective demolition by explosives.

    Selective demolition by explosives shall be conducted in accordance 
with the applicable sections of subpart U of this part.



              Subpart U_Blasting and the Use of Explosives

    Authority: Sec. 107, Contract Work Hours and Safety Standards Act 
(40 U.S.C. 333); secs. 4, 6, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 
FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 6-96 (62 FR 111), 
as applicable; and 29 CFR part 1911.



Sec.  1926.900  General provisions.

    (a) The employer shall permit only authorized and qualified persons 
to handle and use explosives.
    (b) Smoking, firearms, matches, open flame lamps, and other fires, 
flame or heat producing devices and sparks shall be prohibited in or 
near explosive magazines or while explosives are being handled, 
transported or used.
    (c) No person shall be allowed to handle or use explosives while 
under the influence of intoxicating liquors, narcotics, or other 
dangerous drugs.
    (d) All explosives shall be accounted for at all times. Explosives 
not being used shall be kept in a locked magazine, unavailable to 
persons not authorized to handle them. The employer shall maintain an 
inventory and use record of all explosives. Appropriate authorities 
shall be notified of any loss, theft, or unauthorized entry into a 
magazine.
    (e) No explosives or blasting agents shall be abandoned.
    (f) No fire shall be fought where the fire is in imminent danger of 
contact with explosives. All employees shall be removed to a safe area 
and the fire area guarded against intruders.
    (g) Original containers, or Class II magazines, shall be used for 
taking detonators and other explosives from storage magazines to the 
blasting area.
    (h) When blasting is done in congested areas or in proximity to a 
structure, railway, or highway, or any other installation that may be 
damaged, the blaster shall take special precautions in the loading, 
delaying, initiation, and confinement of each blast with mats or other 
methods so as to control the throw of fragments, and thus prevent bodily 
injury to employees.
    (i) Employees authorized to prepare explosive charges or conduct 
blasting operations shall use every reasonable precaution including, but 
not limited to, visual and audible warning signals, flags, or 
barricades, to ensure employee safety.
    (j) Insofar as possible, blasting operations above ground shall be 
conducted between sunup and sundown.
    (k) Due precautions shall be taken to prevent accidental discharge 
of electric blasting caps from current induced by radar, radio 
transmitters, lightning, adjacent powerlines, dust storms, or other 
sources of extraneous electricity. These precautions shall include:

[[Page 445]]

    (1) Detonators shall be short-circuited in holes which have been 
primed and shunted until wired into the blasting circuit.
    (2) The suspension of all blasting operations and removal of persons 
from the blasting area during the approach and progress of an electric 
storm;
    (3)(i) The prominent display of adequate signs, warning against the 
use of mobile radio transmitters, on all roads within 1,000 feet of 
blasting operations. Whenever adherence to the 1,000-foot distance would 
create an operational handicap, a competent person shall be consulted to 
evaluate the particular situation, and alternative provisions may be 
made which are adequately designed to prevent any premature firing of 
electric blasting caps. A description of any such alternatives shall be 
reduced to writing and shall be certified as meeting the purposes of 
this subdivision by the competent person consulted. The description 
shall be maintained at the construction site during the duration of the 
work, and shall be available for inspection by representatives of the 
Secretary of Labor.
    (ii) Specimens of signs which would meet the requirements of 
paragraph (k)(3) of this section are the following:
[GRAPHIC] [TIFF OMITTED] TC30OC91.049

    (4) Ensuring that mobile radio transmitters which are less than 100 
feet away from electric blasting caps, in other than original 
containers, shall be deenergized and effectively locked;
    (5) Compliance with the recommendations of The Institute of the 
Makers of Explosives with regard to blasting in the vicinity of radio 
transmitters as stipulated in Radio Frequency Energy--A Potential Hazard 
in the Use of Electric Blasting Caps, IME Publication No. 20, March 
1971.
    (l) Empty boxes and paper and fiber packing materials, which have 
previously contained high explosives, shall not be used again for any 
purpose, but shall be destroyed by burning at an approved location.
    (m) Explosives, blasting agents, and blasting supplies that are 
obviously deteriorated or damaged shall not be used.
    (n) Delivery and issue of explosives shall only be made by and to 
authorized persons and into authorized magazines or approved temporary 
storage or handling areas.
    (o) Blasting operations in the proximity of overhead power lines, 
communication lines, utility services, or other services and structures 
shall not be carried on until the operators and/or owners have been 
notified and measures for safe control have been taken.
    (p) The use of black powder shall be prohibited.
    (q) All loading and firing shall be directed and supervised by 
competent persons thoroughly experienced in this field.
    (r) All blasts shall be fired electrically with an electric blasting 
machine or properly designed electric power source, except as provided 
in Sec.  1926.906 (a) and (r).
    (s) Buildings used for the mixing of blasting agents shall conform 
to the requirements of this section.
    (1) Buildings shall be of noncombustible construction or sheet metal 
on wood studs.
    (2) Floors in a mixing plant shall be of concrete or of other 
nonabsorbent materials.
    (3) All fuel oil storage facilities shall be separated from the 
mixing plant and located in such a manner that in case of tank rupture, 
the oil will drain away from the mixing plant building.
    (4) The building shall be well ventilated.
    (5) Heating units which do not depend on combustion processes, when 
properly designed and located, may be used in the building. All direct 
sources of heat shall be provided exclusively from units located outside 
the mixing building.
    (6) All internal-combustion engines used for electric power 
generation shall be located outside the mixing plant building, or shall 
be properly ventilated and isolated by a firewall. The exhaust systems 
on all such engines shall

[[Page 446]]

be located so any spark emission cannot be a hazard to any materials in 
or adjacent to the plant.
    (t) Buildings used for the mixing of water gels shall conform to the 
requirements of this subdivision.
    (1) Buildings shall be of noncombustible construction or sheet metal 
on wood studs.
    (2) Floors in a mixing plant shall be of concrete or of other 
nonabsorbent materials.
    (3) Where fuel oil is used all fuel oil storage facilities shall be 
separated from the mixing plant and located in such a manner that in 
case of tank rupture, the oil will drain away from the mixing plant 
building.
    (4) The building shall be well ventilated.
    (5) Heating units that do not depend on combustion processes, when 
properly designed and located, may be used in the building. All direct 
sources of heat shall be provided exclusively from units located outside 
of the mixing building.
    (6) All internal-combustion engines used for electric power 
generation shall be located outside the mixing plant building, or shall 
be properly ventilated and isolated by a firewall. The exhaust systems 
on all such engines shall be located so any spark emission cannot be a 
hazard to any materials in or adjacent to the plant.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35183, June 30, 1993]



Sec.  1926.901  Blaster qualifications.

    (a) A blaster shall be able to understand and give written and oral 
orders.
    (b) A blaster shall be in good physical condition and not be 
addicted to narcotics, intoxicants, or similar types of drugs.
    (c) A blaster shall be qualified, by reason of training, knowledge, 
or experience, in the field of transporting, storing, handling, and use 
of explosives, and have a working knowledge of State and local laws and 
regulations which pertain to explosives.
    (d) Blasters shall be required to furnish satisfactory evidence of 
competency in handling explosives and performing in a safe manner the 
type of blasting that will be required.
    (e) The blaster shall be knowledgeable and competent in the use of 
each type of blasting method used.



Sec.  1926.902  Surface transportation of explosives.

    (a) Transportation of explosives shall meet the provisions of 
Department of Transportation regulations contained in 46 CFR parts 146-
149, Water Carriers; 49 CFR parts 171-179, Highways and Railways; 49 CFR 
part 195, Pipelines; and 49 CFR parts 390-397, Motor Carriers.
    (b) Motor vehicles or conveyances transporting explosives shall only 
be driven by, and be in the charge of, a licensed driver who is 
physically fit. He shall be familiar with the local, State, and Federal 
regulation governing the transportation of explosives.
    (c) No person shall smoke, or carry matches or any other flame-
producing device, nor shall firearms or loaded cartridges be carried 
while in or near a motor vehicle or conveyance transporting explosives.
    (d) Explosives, blasting agents, and blasting supplies shall not be 
transported with other materials or cargoes. Blasting caps (including 
electric) shall not be transported in the same vehicle with other 
explosives.
    (e) Vehicles used for transporting explosives shall be strong enough 
to carry the load without difficulty, and shall be in good mechanical 
condition.
    (f) When explosives are transported by a vehicle with an open body, 
a Class II magazine or original manufacturer's container shall be 
securely mounted on the bed to contain the cargo.
    (g) All vehicles used for the transportation of explosives shall 
have tight floors and any exposed spark-producing metal on the inside of 
the body shall be covered with wood, or other nonsparking material, to 
prevent contact with containers of explosives.
    (h) Every motor vehicle or conveyance used for transporting 
explosives shall be marked or placarded on both sides, the front, and 
the rear with the word ``Explosives'' in red letters, not less than 4 
inches in height, on white background. In addition to such marking or 
placarding, the motor vehicle or conveyance may display, in such a 
manner that it will be readily visible

[[Page 447]]

from all directions, a red flag 18 inches by 30 inches, with the word 
``Explosives'' painted, stamped, or sewed thereon, in white letters, at 
least 6 inches in height.
    (i) Each vehicle used for transportation of explosives shall be 
equipped with a fully charged fire extinguisher, in good condition. An 
Underwriters Laboratory-approved extinguisher of not less than 10-ABC 
rating will meet the minimum requirement. The driver shall be trained in 
the use of the extinguisher on his vehicle.
    (j) Motor vehicles or conveyances carrying explosives, blasting 
agents, or blasting supplies, shall not be taken inside a garage or shop 
for repairs or servicing.
    (k) No motor vehicle transporting explosives shall be left 
unattended.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35311, June 30, 1993]



Sec.  1926.903  Underground transportation of explosives.

    (a) All explosives or blasting agents in transit underground shall 
be taken to the place of use or storage without delay.
    (b) The quantity of explosives or blasting agents taken to an 
underground loading area shall not exceed the amount estimated to be 
necessary for the blast.
    (c) Explosives in transit shall not be left unattended.
    (d) The hoist operator shall be notified before explosives or 
blasting agents are transported in a shaft conveyance.
    (e) Trucks used for the transportation of explosives underground 
shall have the electrical system checked weekly to detect any failures 
which may constitute an electrical hazard. A certification record which 
includes the date of the inspection; the signature of the person who 
performed the inspection; and a serial number, or other identifier, of 
the truck inspected shall be prepared and the most recent certification 
record shall be maintained on file.
    (f) The installation of auxiliary lights on truck beds, which are 
powered by the truck's electrical system, shall be prohibited.
    (g) Explosives and blasting agents shall be hoisted, lowered, or 
conveyed in a powder car. No other materials, supplies, or equipment 
shall be transported in the same conveyance at the same time.
    (h) No one, except the operator, his helper, and the powderman, 
shall be permitted to ride on a conveyance transporting explosives and 
blasting agents.
    (i) No person shall ride in any shaft conveyance transporting 
explosives and blasting agents.
    (j) No explosives or blasting agents shall be transported on any 
locomotive. At least two car lengths shall separate the locomotive from 
the powder car.
    (k) No explosives or blasting agents shall be transported on a man 
haul trip.
    (l) The car or conveyance containing explosives or blasting agents 
shall be pulled, not pushed, whenever possible.
    (m) The powder car or conveyance especially built for the purpose of 
transporting explosives or blasting agents shall bear a reflectorized 
sign on each side with the word ``Explosives'' in letters, not less than 
4 inches in height; upon a background of sharply contrasting color.
    (n) Compartments for transporting detonators and explosives in the 
same car or conveyance shall be physically separated by a distance of 24 
inches or by a solid partition at least 6 inches thick.
    (o) Detonators and other explosives shall not be transported at the 
same time in any shaft conveyance.
    (p) Explosives, blasting agents, or blasting supplies shall not be 
transported with other materials.
    (q) Explosives or blasting agents, not in original containers, shall 
be placed in a suitable container when transported manually.
    (r) Detonators, primers, and other explosives shall be carried in 
separate containers when transported manually.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 52 
FR 36382, Sept. 28, 1987]

[[Page 448]]



Sec.  1926.904  Storage of explosives and blasting agents.

    (a) Explosives and related materials shall be stored in approved 
facilities required under the applicable provisions of the Bureau of 
Alcohol, Tobacco and Firearms regulations contained in 27 CFR part 55, 
Commerce in Explosives.
    (b) Blasting caps, electric blasting caps, detonating primers, and 
primed cartridges shall not be stored in the same magazine with other 
explosives or blasting agents.
    (c) Smoking and open flames shall not be permitted within 50 feet of 
explosives and detonator storage magazine.
    (d) No explosives or blasting agents shall be permanently stored in 
any underground operation until the operation has been developed to the 
point where at least two modes of exit have been provided.
    (e) Permanent underground storage magazines shall be at least 300 
feet from any shaft, adit, or active underground working area.
    (f) Permanent underground magazines containing detonators shall not 
be located closer than 50 feet to any magazine containing other 
explosives or blasting agents.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35311, June 30, 1993]



Sec.  1926.905  Loading of explosives or blasting agents.

    (a) Procedures that permit safe and efficient loading shall be 
established before loading is started.
    (b) All drill holes shall be sufficiently large to admit freely the 
insertion of the cartridges of explosives.
    (c) Tamping shall be done only with wood rods or plastic tamping 
poles without exposed metal parts, but nonsparking metal connectors may 
be used for jointed poles. Violent tamping shall be avoided. The primer 
shall never be tamped.
    (d) No holes shall be loaded except those to be fired in the next 
round of blasting. After loading, all remaining explosives and 
detonators shall be immediately returned to an authorized magazine.
    (e) Drilling shall not be started until all remaining butts of old 
holes are examined for unexploded charges, and if any are found, they 
shall be refired before work proceeds.
    (f) No person shall be allowed to deepen drill holes which have 
contained explosives or blasting agents.
    (g) No explosives or blasting agents shall be left unattended at the 
blast site.
    (h) Machines and all tools not used for loading explosives into bore 
holes shall be removed from the immediate location of holes before 
explosives are delivered. Equipment shall not be operated within 50 feet 
of loaded holes.
    (i) No activity of any nature other than that which is required for 
loading holes with explosives shall be permitted in a blast area.
    (j) Powerlines and portable electric cables for equipment being used 
shall be kept a safe distance from explosives or blasting agents being 
loaded into drill holes. Cables in the proximity of the blast area shall 
be deenergized and locked out by the blaster.
    (k) Holes shall be checked prior to loading to determine depth and 
conditions. Where a hole has been loaded with explosives but the 
explosives have failed to detonate, there shall be no drilling within 50 
feet of the hole.
    (l) When loading a long line of holes with more than one loading 
crew, the crews shall be separated by practical distance consistent with 
efficient operation and supervision of crews.
    (m) No explosive shall be loaded or used underground in the presence 
of combustible gases or combustible dusts.
    (n) No explosives other than those in Fume Class 1, as set forth by 
the Institute of Makers of Explosives, shall be used; however, 
explosives complying with the requirements of Fume Class 2 and Fume 
Class 3 may be used if adequate ventilation has been provided.
    (o) All blast holes in open work shall be stemmed to the collar or 
to a point which will confine the charge.
    (p) Warning signs, indicating a blast area, shall be maintained at 
all approaches to the blast area. The warning sign lettering shall not 
be less than 4 inches in height on a contrasting background.
    (q) A bore hole shall never be sprung when it is adjacent to or near 
a hole

[[Page 449]]

that is loaded. Flashlight batteries shall not be used for springing 
holes.
    (r) Drill holes which have been sprung or chambered, and which are 
not water-filled, shall be allowed to cool before explosives are loaded.
    (s) No loaded holes shall be left unattended or unprotected.
    (t) The blaster shall keep an accurate, up-to-date record of 
explosives, blasting agents, and blasting supplies used in a blast and 
shall keep an accurate running inventory of all explosives and blasting 
agents stored on the operation.
    (u) When loading blasting agents pneumatically over electric 
blasting caps, semiconductive delivery hose shall be used and the 
equipment shall be bonded and grounded.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35184, June 30, 1993]



Sec.  1926.906  Initiation of explosive charges--electric blasting.

    (a) Electric blasting caps shall not be used where sources of 
extraneous electricity make the use of electric blasting caps dangerous. 
Blasting cap leg wires shall be kept short-circuited (shunted) until 
they are connected into the circuit for firing.
    (b) Before adopting any system of electrical firing, the blaster 
shall conduct a thorough survey for extraneous currents, and all 
dangerous currents shall be eliminated before any holes are loaded.
    (c) In any single blast using electric blasting caps, all caps shall 
be of the same style or function, and of the same manufacture.
    (d) Electric blasting shall be carried out by using blasting 
circuits or power circuits in accordance with the electric blasting cap 
manufacturer's recommendations, or an approved contractor or his 
designated representative.
    (e) When firing a circuit of electric blasting caps, care must be 
exercised to ensure that an adequate quantity of delivered current is 
available, in accordance with the manufacturer's recommendations.
    (f) Connecting wires and lead wires shall be insulated single solid 
wires of sufficient current-carrying capacity.
    (g) Bus wires shall be solid single wires of sufficient current-
carrying capacity.
    (h) When firing electrically, the insulation on all firing lines 
shall be adequate and in good condition.
    (i) A power circuit used for firing electric blasting caps shall not 
be grounded.
    (j) In underground operations when firing from a power circuit, a 
safety switch shall be placed in the permanent firing line at intervals. 
This switch shall be made so it can be locked only in the ``Off'' 
position and shall be provided with a short-circuiting arrangement of 
the firing lines to the cap circuit.
    (k) In underground operations there shall be a ``lightning'' gap of 
at least 5 feet in the firing system ahead of the main firing switch; 
that is, between this switch and the source of power. This gap shall be 
bridged by a flexible jumper cord just before firing the blast.
    (l) When firing from a power circuit, the firing switch shall be 
locked in the open or ``Off'' position at all times, except when firing. 
It shall be so designed that the firing lines to the cap circuit are 
automatically short-circuited when the switch is in the ``Off'' 
position. Keys to this switch shall be entrusted only to the blaster.
    (m) Blasting machines shall be in good condition and the efficiency 
of the machine shall be tested periodically to make certain that it can 
deliver power at its rated capacity.
    (n) When firing with blasting machines, the connections shall be 
made as recommended by the manufacturer of the electric blasting caps 
used.
    (o) The number of electric blasting caps connected to a blasting 
machine shall not be in excess of its rated capacity. Furthermore, in 
primary blasting, a series circuit shall contain no more caps than the 
limits recommended by the manufacturer of the electric blasting caps in 
use.
    (p) The blaster shall be in charge of the blasting machines, and no 
other person shall connect the leading wires to the machine.
    (q) Blasters, when testing circuits to charged holes, shall use only 
blasting galvanometers or other instruments

[[Page 450]]

that are specifically designed for this purpose.
    (r) Whenever the possibility exists that a leading line or blasting 
wire might be thrown over a live powerline by the force of an explosion, 
care shall be taken to see that the total length of wires are kept too 
short to hit the lines, or that the wires are securely anchored to the 
ground. If neither of these requirements can be satisfied, a nonelectric 
system shall be used.
    (s) In electrical firing, only the man making leading wire 
connections shall fire the shot. All connections shall be made from the 
bore hole back to the source of firing current, and the leading wires 
shall remain shorted and not be connected to the blasting machine or 
other source of current until the charge is to be fired.
    (t) After firing an electric blast from a blasting machine, the 
leading wires shall be immediately disconnected from the machine and 
short-circuited.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 63 
FR 33469, June 18, 1998]



Sec.  1926.907  Use of safety fuse.

    (a) Safety fuse shall only be used where sources of extraneous 
electricity make the use of electric blasting caps dangerous. The use of 
a fuse that has been hammered or injured in any way shall be forbidden.
    (b) The hanging of a fuse on nails or other projections which will 
cause a sharp bend to be formed in the fuse is prohibited.
    (c) Before capping safety fuse, a short length shall be cut from the 
end of the supply reel so as to assure a fresh cut end in each blasting 
cap.
    (d) Only a cap crimper of approved design shall be used for 
attaching blasting caps to safety fuse. Crimpers shall be kept in good 
repair and accessible for use.
    (e) No unused cap or short capped fuse shall be placed in any hole 
to be blasted; such unused detonators shall be removed from the working 
place and destroyed.
    (f) No fuse shall be capped, or primers made up, in any magazine or 
near any possible source of ignition.
    (g) No one shall be permitted to carry detonators or primers of any 
kind on his person.
    (h) The minimum length of safety fuse to be used in blasting shall 
be as required by State law, but shall not be less than 30 inches.
    (i) At least two men shall be present when multiple cap and fuse 
blasting is done by hand lighting methods.
    (j) Not more than 12 fuses shall be lighted by each blaster when 
hand lighting devices are used. However, when two or more safety fuses 
in a group are lighted as one by means of igniter cord, or other similar 
fuse-lighting devices, they may be considered as one fuse.
    (k) The so-called ``drop fuse'' method of dropping or pushing a 
primer or any explosive with a lighted fuse attached is forbidden.
    (l) Cap and fuse shall not be used for firing mudcap charges unless 
charges are separated sufficiently to prevent one charge from dislodging 
other shots in the blast.
    (m) When blasting with safety fuses, consideration shall be given to 
the length and burning rate of the fuse. Sufficient time, with a margin 
of safety, shall always be provided for the blaster to reach a place of 
safety.



Sec.  1926.908  Use of detonating cord.

    (a) Care shall be taken to select a detonating cord consistent with 
the type and physical condition of the bore hole and stemming and the 
type of explosives used.
    (b) Detonating cord shall be handled and used with the same respect 
and care given other explosives.
    (c) The line of detonating cord extending out of a bore hole or from 
a charge shall be cut from the supply spool before loading the remainder 
of the bore hole or placing additional charges.
    (d) Detonating cord shall be handled and used with care to avoid 
damaging or severing the cord during and after loading and hooking-up.
    (e) Detonating cord connections shall be competent and positive in 
accordance with approved and recommended methods. Knot-type or other 
cord-to-cord connections shall be made only with detonating cord in 
which the explosive core is dry.
    (f) All detonating cord trunklines and branchlines shall be free of 
loops, sharp

[[Page 451]]

kinks, or angles that direct the cord back toward the oncoming line of 
detonation.
    (g) All detonating cord connections shall be inspected before firing 
the blast.
    (h) When detonating cord millisecond-delay connectors or short-
interval-delay electric blasting caps are used with detonating cord, the 
practice shall conform strictly to the manufacturer's recommendations.
    (i) When connecting a blasting cap or an electric blasting cap to 
detonating cord, the cap shall be taped or otherwise attached securely 
along the side or the end of the detonating cord, with the end of the 
cap containing the explosive charge pointed in the direction in which 
the detonation is to proceed.
    (j) Detonators for firing the trunkline shall not be brought to the 
loading area nor attached to the detonating cord until everything else 
is in readiness for the blast.



Sec.  1926.909  Firing the blast.

    (a) A code of blasting signals equivalent to Table U-1, shall be 
posted on one or more conspicuous places at the operation, and all 
employees shall be required to familiarize themselves with the code and 
conform to it. Danger signs shall be placed at suitable locations.
    (b) Before a blast is fired, a loud warning signal shall be given by 
the blaster in charge, who has made certain that all surplus explosives 
are in a safe place and all employees, vehicles, and equipment are at a 
safe distance, or under sufficient cover.
    (c) Flagmen shall be safely stationed on highways which pass through 
the danger zone so as to stop traffic during blasting operations.
    (d) It shall be the duty of the blaster to fix the time of blasting.
    (e) Before firing an underground blast, warning shall be given, and 
all possible entries into the blasting area, and any entrances to any 
working place where a drift, raise, or other opening is about to hole 
through, shall be carefully guarded. The blaster shall make sure that 
all employees are out of the blast area before firing a blast.

                                Table U-1

Warning Signal--A 1-minute series of long blasts 5 minutes prior to 
blast signal.
Blast Signal--A series of short blasts 1 minute prior to the shot.
All Clear Signal--A prolonged blast following the inspection of blast 
area.



Sec.  1926.910  Inspection after blasting.

    (a) Immediately after the blast has been fired, the firing line 
shall be disconnected from the blasting machine, or where power switches 
are used, they shall be locked open or in the off position.
    (b) Sufficient time shall be allowed, not less than 15 minutes in 
tunnels, for the smoke and fumes to leave the blasted area before 
returning to the shot. An inspection of the area and the surrounding 
rubble shall be made by the blaster to determine if all charges have 
been exploded before employees are allowed to return to the operation, 
and in tunnels, after the muck pile has been wetted down.



Sec.  1926.911  Misfires.

    (a) If a misfire is found, the blaster shall provide proper 
safeguards for excluding all employees from the danger zone.
    (b) No other work shall be done except that necessary to remove the 
hazard of the misfire and only those employees necessary to do the work 
shall remain in the danger zone.
    (c) No attempt shall be made to extract explosives from any charged 
or misfired hole; a new primer shall be put in and the hole reblasted. 
If refiring of the misfired hole presents a hazard, the explosives may 
be removed by washing out with water or, where the misfire is under 
water, blown out with air.
    (d) If there are any misfires while using cap and fuse, all 
employees shall remain away from the charge for at least 1 hour. 
Misfires shall be handled under the direction of the person in charge of 
the blasting. All wires shall be carefully traced and a search made for 
unexploded charges.
    (e) No drilling, digging, or picking shall be permitted until all 
missed holes have been detonated or the authorized representative has 
approved that work can proceed.

[[Page 452]]



Sec.  1926.912  Underwater blasting.

    (a) A blaster shall conduct all blasting operations, and no shot 
shall be fired without his approval.
    (b) Loading tubes and casings of dissimilar metals shall not be used 
because of possible electric transient currents from galvanic action of 
the metals and water.
    (c) Only water-resistant blasting caps and detonating cords shall be 
used for all marine blasting. Loading shall be done through a 
nonsparking metal loading tube when tube is necessary.
    (d) No blast shall be fired while any vessel under way is closer 
than 1,500 feet to the blasting area. Those on board vessels or craft 
moored or anchored within 1,500 feet shall be notified before a blast is 
fired.
    (e) No blast shall be fired while any swimming or diving operations 
are in progress in the vicinity of the blasting area. If such operations 
are in progress, signals and arrangements shall be agreed upon to assure 
that no blast shall be fired while any person is in the water.
    (f) Blasting flags shall be displayed.
    (g) The storage and handling of explosives aboard vessels used in 
underwater blasting operations shall be according to provisions outlined 
herein on handling and storing explosives.
    (h) When more than one charge is placed under water, a float device 
shall be attached to an element of each charge in such manner that it 
will be released by the firing. Misfires shall be handled in accordance 
with the requirements of Sec.  1926.911.



Sec.  1926.913  Blasting in excavation work under compressed air.

    (a) Detonators and explosives shall not be stored or kept in 
tunnels, shafts, or caissons. Detonators and explosives for each round 
shall be taken directly from the magazines to the blasting zone and 
immediately loaded. Detonators and explosives left over after loading a 
round shall be removed from the working chamber before the connecting 
wires are connected up.
    (b) When detonators or explosives are brought into an air lock, no 
employee except the powderman, blaster, lock tender and the employees 
necessary for carrying, shall be permitted to enter the air lock. No 
other material, supplies, or equipment shall be locked through with the 
explosives.
    (c) Detonators and explosives shall be taken separately into 
pressure working chambers.
    (d) The blaster or powderman shall be responsible for the receipt, 
unloading, storage, and on-site transportation of explosives and 
detonators.
    (e) All metal pipes, rails, air locks, and steel tunnel lining shall 
be electrically bonded together and grounded at or near the portal or 
shaft, and such pipes and rails shall be cross-bonded together at not 
less than 1,000-foot intervals throughout the length of the tunnel. In 
addition, each low air supply pipe shall be grounded at its delivery 
end.
    (f) The explosives suitable for use in wet holes shall be water-
resistant and shall be Fume Class 1.
    (g) When tunnel excavation in rock face is approaching mixed face, 
and when tunnel excavation is in mixed face, blasting shall be performed 
with light charges and with light burden on each hole. Advance drilling 
shall be performed as tunnel excavation in rock face approaches mixed 
face, to determine the general nature and extent of rock cover and the 
remaining distance ahead to soft ground as excavation advances.



Sec.  1926.914  Definitions applicable to this subpart.

    (a) American Table of Distances (also known as Quantity Distance 
Tables) means American Table of Distances for Storage of Explosives as 
revised and approved by the Institute of the Makers of Explosives, June 
5, 1964.
    (b) Approved storage facility--A facility for the storage of 
explosive materials conforming to the requirements of this part and 
covered by a license or permit issued under authority of the Bureau of 
Alcohol, Tobacco and Firearms. (See 27 CFR part 55)
    (c) Blast area--The area in which explosives loading and blasting 
operations are being conducted.
    (d) Blaster--The person or persons authorized to use explosives for 
blasting purposes and meeting the qualifications contained in Sec.  
1926.901.

[[Page 453]]

    (e) Blasting agent--A blasting agent is any material or mixture 
consisting of a fuel and oxidizer used for blasting, but not classified 
an explosive and in which none of the ingredients is classified as an 
explosive provided the furnished (mixed) product cannot be detonated 
with a No. 8 test blasting cap when confined. A common blasting agent 
presently in use is a mixture of ammonium nitrate (NH4 
NO3) and carbonaceous combustibles, such as fuel oil or coal, 
and may either be procured, premixed and packaged from explosives 
companies or mixed in the field.
    (f) Blasting cap--A metallic tube closed at one end, containing a 
charge of one or more detonating compounds, and designed for and capable 
of detonation from the sparks or flame from a safety fuse inserted and 
crimped into the open end.
    (g) Block holing--The breaking of boulders by firing a charge of 
explosives that has been loaded in a drill hole.
    (h) Conveyance--Any unit for transporting explosives or blasting 
agents, including but not limited to trucks, trailers, rail cars, 
barges, and vessels.
    (i) Detonating cord--A flexible cord containing a center core of 
high explosives which when detonated, will have sufficient strength to 
detonate other cap-sensitive explosives with which it is in contact.
    (j) Detonator--Blasting caps, electric blasting caps, delay electric 
blasting caps, and nonelectric delay blasting caps.
    (k) Electric blasting cap--A blasting cap designed for and capable 
of detonation by means of an electric current.
    (l) Electric blasting circuitry--
    (1) Bus wire. An expendable wire, used in parallel or series, in 
parallel circuits, to which are connected the leg wires of electric 
blasting caps.
    (2) Connecting wire. An insulated expendable wire used between 
electric blasting caps and the leading wires or between the bus wire and 
the leading wires.
    (3) Leading wire. An insulated wire used between the electric power 
source and the electric blasting cap circuit.
    (4) Permanent blasting wire. A permanently mounted insulated wire 
used between the electric power source and the electric blasting cap 
circuit.
    (m) Electric delay blasting caps--Caps designed to detonate at a 
predetermined period of time after energy is applied to the ignition 
system.
    (n) Explosives--(1) Any chemical compound, mixture, or device, the 
primary or common purpose of which is to function by explosion; that is, 
with substantially instantaneous release of gas and heat, unless such 
compound, mixture or device is otherwise specifically classified by the 
U.S. Department of Transportation.
    (2) All material which is classified as Class A, Class B, and Class 
C Explosives by the U.S. Department of Transportation.
    (3) Classification of explosives by the U.S. Department of 
Transportation is as follows:

    Class A Explosives. Possessing detonating hazard, such as dynamite, 
nitroglycerin, picric acid, lead azide, fulminate of mercury, black 
powder, blasting caps, and detonating primers.
    Class B Explosives. Possessing flammable hazard, such as propellant 
explosives, including some smokeless propellants.
    Class C Explosives. Include certain types of manufactured articles 
which contain Class A or Class B explosives, or both, as components, but 
in restricted quantities.

    (o) Fuse lighters--Special devices for the purpose of igniting 
safety fuse.
    (p) Magazine--Any building or structure, other than an explosives 
manufacturing building, used for the storage of explosives.
    (q) Misfire--An explosive charge which failed to detonate.
    (r) Mud-capping (sometimes known as bulldozing, adobe blasting, or 
dobying). The blasting of boulders by placing a quantity of explosives 
against a rock, boulder, or other object without confining the 
explosives in a drill hole.
    (s) Nonelectric delay blasting cap--A blasting cap with an integral 
delay element in conjunction with and capable of being detonated by a 
detonation impulse or signal from miniaturized detonating cord.
    (t) Primary blasting--The blasting operation by which the original 
rock formation is dislodged from its natural location.

[[Page 454]]

    (u) Primer--A cartridge or container of explosives into which a 
detonator or detonating cord is inserted or attached.
    (v) Safety fuse--A flexible cord containing an internal burning 
medium by which fire is conveyed at a continuous and uniform rate for 
the purpose of firing blasting caps.
    (w) Secondary blasting--The reduction of oversize material by the 
use of explosives to the dimension required for handling, including 
mudcapping and blockholing.
    (x) Stemming--A suitable inert incombustible material or device used 
to confine or separate explosives in a drill hole, or to cover 
explosives in mud-capping.
    (y) Springing--The creation of a pocket in the bottom of a drill 
hole by the use of a moderate quantity of explosives in order that 
larger quantities or explosives may be inserted therein.
    (z) Water gels, or slurry explosives--A wide variety of materials 
used for blasting. They all contain substantial proportions of water and 
high proportions of ammonium nitrate, some of which is in solution in 
the water. Two broad classes of water gels are: (1) Those which are 
sensitized by a material classed as an explosive, such as TNT or 
smokeless powder, and (2) those which contain no ingredient classified 
as an explosive; these are sensitized with metals such as aluminum or 
with other fuels. Water gels may be premixed at an explosives plant or 
mixed at the site immediately before delivery into the bore hole.
    (aa) Semiconductive hose. Semiconductive hose--a hose with an 
electrical resistance high enough to limit flow of stray electric 
currents to safe levels, yet not so high as to prevent drainage of 
static electric charges to ground; hose of not more than 2 megohms 
resistance over its entire length and of not less than 5,000 ohms per 
foot meets the requirement.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 
FR 35184, 35311, June 30, 1993]



         Subpart V_Electric Power Transmission and Distribution

    Source: 79 FR 20696, Apr. 11, 2014, unless otherwise noted.

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR Part 
1911.



Sec.  1926.950  General.

    (a) Application--(1) Scope. (i) This subpart, except for paragraph 
(a)(3) of this section, covers the construction of electric power 
transmission and distribution lines and equipment. As used in this 
subpart, the term ``construction'' includes the erection of new electric 
transmission and distribution lines and equipment, and the alteration, 
conversion, and improvement of existing electric transmission and 
distribution lines and equipment.

    Note to paragraph (a)(1)(i): An employer that complies with Sec.  
1910.269 of this chapter will be considered in compliance with 
requirements in this subpart that do not reference other subparts of 
this part. Compliance with Sec.  1910.269 of this chapter will not 
excuse an employer from compliance obligations under other subparts of 
this part.

    (ii) Notwithstanding paragraph (a)(1)(i) of this section, this 
subpart does not apply to electrical safety-related work practices for 
unqualified employees.
    (2) Other part 1926 standards. This subpart applies in addition to 
all other applicable standards contained in this part 1926. Employers 
covered under this subpart are not exempt from complying with other 
applicable provisions in part 1926 by the operation of Sec.  1910.5(c) 
of this chapter. Specific references in this subpart to other sections 
of part 1926 are provided for emphasis only.
    (3) Applicable part 1910 requirements. (i) Line-clearance tree 
trimming performed for the purpose of clearing space around electric 
power generation, transmission, or distribution lines or equipment and 
on behalf of an organization that operates, or that controls the 
operating procedures for, those lines or equipment shall comply with 
Sec.  1910.269 of this chapter.
    (ii) Work involving electric power generation installations shall 
comply with Sec.  1910.269 of this chapter.
    (b) Training--(1) All employees. (i) Each employee shall be trained 
in, and familiar with, the safety-related work practices, safety 
procedures, and other safety requirements in this subpart

[[Page 455]]

that pertain to his or her job assignments.
    (ii) Each employee shall also be trained in and familiar with any 
other safety practices, including applicable emergency procedures (such 
as pole-top and manhole rescue), that are not specifically addressed by 
this subpart but that are related to his or her work and are necessary 
for his or her safety.
    (iii) The degree of training shall be determined by the risk to the 
employee for the hazard involved.
    (2) Qualified employees. Each qualified employee shall also be 
trained and competent in:
    (i) The skills and techniques necessary to distinguish exposed live 
parts from other parts of electric equipment,
    (ii) The skills and techniques necessary to determine the nominal 
voltage of exposed live parts,
    (iii) The minimum approach distances specified in this subpart 
corresponding to the voltages to which the qualified employee will be 
exposed and the skills and techniques necessary to maintain those 
distances,
    (iv) The proper use of the special precautionary techniques, 
personal protective equipment, insulating and shielding materials, and 
insulated tools for working on or near exposed energized parts of 
electric equipment, and
    (v) The recognition of electrical hazards to which the employee may 
be exposed and the skills and techniques necessary to control or avoid 
these hazards.

    Note to paragraph (b)(2): For the purposes of this subpart, a person 
must have the training required by paragraph (b)(2) of this section to 
be considered a qualified person.

    (3) Supervision and annual inspection. The employer shall determine, 
through regular supervision and through inspections conducted on at 
least an annual basis, that each employee is complying with the safety-
related work practices required by this subpart.
    (4) Additional training. An employee shall receive additional 
training (or retraining) under any of the following conditions:
    (i) If the supervision or annual inspections required by paragraph 
(b)(3) of this section indicate that the employee is not complying with 
the safety-related work practices required by this subpart, or
    (ii) If new technology, new types of equipment, or changes in 
procedures necessitate the use of safety-related work practices that are 
different from those which the employee would normally use, or
    (iii) If he or she must employ safety-related work practices that 
are not normally used during his or her regular job duties.

    Note to paragraph (b)(4)(iii): The Occupational Safety and Health 
Administration considers tasks that are performed less often than once 
per year to necessitate retraining before the performance of the work 
practices involved.

    (5) Type of training. The training required by paragraph (b) of this 
section shall be of the classroom or on-the-job type.
    (6) Training goals. The training shall establish employee 
proficiency in the work practices required by this subpart and shall 
introduce the procedures necessary for compliance with this subpart.
    (7) Demonstration of proficiency. The employer shall ensure that 
each employee has demonstrated proficiency in the work practices 
involved before that employee is considered as having completed the 
training required by paragraph (b) of this section.

    Note 1 to paragraph (b)(7): Though they are not required by this 
paragraph, employment records that indicate that an employee has 
successfully completed the required training are one way of keeping 
track of when an employee has demonstrated proficiency.
    Note 2 to paragraph (b)(7): For an employee with previous training, 
an employer may determine that that employee has demonstrated the 
proficiency required by this paragraph using the following process: (1) 
Confirm that the employee has the training required by paragraph (b) of 
this section, (2) use an examination or interview to make an initial 
determination that the employee understands the relevant safety-related 
work practices before he or she performs any work covered by this 
subpart, and (3) supervise the employee closely until that employee has 
demonstrated proficiency as required by this paragraph.


[[Page 456]]


    (c) Information transfer--(1) Host employer responsibilities. Before 
work begins, the host employer shall inform contract employers of:
    (i) The characteristics of the host employer's installation that are 
related to the safety of the work to be performed and are listed in 
paragraphs (d)(1) through (d)(5) of this section;

    Note to paragraph (c)(1)(i): This paragraph requires the host 
employer to obtain information listed in paragraphs (d)(1) through 
(d)(5) of this section if it does not have this information in existing 
records.

    (ii) Conditions that are related to the safety of the work to be 
performed, that are listed in paragraphs (d)(6) through (d)(8) of this 
section, and that are known to the host employer;

    Note to paragraph (c)(1)(ii): For the purposes of this paragraph, 
the host employer need only provide information to contract employers 
that the host employer can obtain from its existing records through the 
exercise of reasonable diligence. This paragraph does not require the 
host employer to make inspections of worksite conditions to obtain this 
information.

    (iii) Information about the design and operation of the host 
employer's installation that the contract employer needs to make the 
assessments required by this subpart; and

    Note to paragraph (c)(1)(iii): This paragraph requires the host 
employer to obtain information about the design and operation of its 
installation that contract employers need to make required assessments 
if it does not have this information in existing records.

    (iv) Any other information about the design and operation of the 
host employer's installation that is known by the host employer, that 
the contract employer requests, and that is related to the protection of 
the contract employer's employees.

    Note to paragraph (c)(1)(iv): For the purposes of this paragraph, 
the host employer need only provide information to contract employers 
that the host employer can obtain from its existing records through the 
exercise of reasonable diligence. This paragraph does not require the 
host employer to make inspections of worksite conditions to obtain this 
information.

    (2) Contract employer responsibilities. (i) The contract employer 
shall ensure that each of its employees is instructed in the hazardous 
conditions relevant to the employee's work that the contract employer is 
aware of as a result of information communicated to the contract 
employer by the host employer under paragraph (c)(1) of this section.
    (ii) Before work begins, the contract employer shall advise the host 
employer of any unique hazardous conditions presented by the contract 
employer's work.
    (iii) The contract employer shall advise the host employer of any 
unanticipated hazardous conditions found during the contract employer's 
work that the host employer did not mention under paragraph (c)(1) of 
this section. The contract employer shall provide this information to 
the host employer within 2 working days after discovering the hazardous 
condition.
    (3) Joint host- and contract-employer responsibilities. The contract 
employer and the host employer shall coordinate their work rules and 
procedures so that each employee of the contract employer and the host 
employer is protected as required by this subpart.
    (d) Existing characteristics and conditions. Existing 
characteristics and conditions of electric lines and equipment that are 
related to the safety of the work to be performed shall be determined 
before work on or near the lines or equipment is started. Such 
characteristics and conditions include, but are not limited to:
    (1) The nominal voltages of lines and equipment,
    (2) The maximum switching-transient voltages,
    (3) The presence of hazardous induced voltages,
    (4) The presence of protective grounds and equipment grounding 
conductors,
    (5) The locations of circuits and equipment, including electric 
supply lines, communication lines, and fire-protective signaling 
circuits,
    (6) The condition of protective grounds and equipment grounding 
conductors,
    (7) The condition of poles, and
    (8) Environmental conditions relating to safety.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 80 
FR 60040, Oct. 5, 2015]

[[Page 457]]



Sec.  1926.951  Medical services and first aid.

    (a) General. The employer shall provide medical services and first 
aid as required in Sec.  1926.50.
    (b) First-aid training. In addition to the requirements of Sec.  
1926.50, when employees are performing work on, or associated with, 
exposed lines or equipment energized at 50 volts or more, persons with 
first-aid training shall be available as follows:
    (1) Field work. For field work involving two or more employees at a 
work location, at least two trained persons shall be available.
    (2) Fixed work locations. For fixed work locations such as 
substations, the number of trained persons available shall be sufficient 
to ensure that each employee exposed to electric shock can be reached 
within 4 minutes by a trained person. However, where the existing number 
of employees is insufficient to meet this requirement (at a remote 
substation, for example), each employee at the work location shall be a 
trained employee.



Sec.  1926.952  Job briefing.

    (a) Before each job--(1) Information provided by the employer. In 
assigning an employee or a group of employees to perform a job, the 
employer shall provide the employee in charge of the job with all 
available information that relates to the determination of existing 
characteristics and conditions required by Sec.  1926.950(d).
    (2) Briefing by the employee in charge. The employer shall ensure 
that the employee in charge conducts a job briefing that meets 
paragraphs (b), (c), and (d) of this section with the employees involved 
before they start each job.
    (b) Subjects to be covered. The briefing shall cover at least the 
following subjects: Hazards associated with the job, work procedures 
involved, special precautions, energy-source controls, and personal 
protective equipment requirements.
    (c) Number of briefings--(1) At least one before each day or shift. 
If the work or operations to be performed during the work day or shift 
are repetitive and similar, at least one job briefing shall be conducted 
before the start of the first job of each day or shift.
    (2) Additional briefings. Additional job briefings shall be held if 
significant changes, which might affect the safety of the employees, 
occur during the course of the work.
    (d) Extent of briefing--(1) Short discussion. A brief discussion is 
satisfactory if the work involved is routine and if the employees, by 
virtue of training and experience, can reasonably be expected to 
recognize and avoid the hazards involved in the job.
    (2) Detailed discussion. A more extensive discussion shall be 
conducted:
    (i) If the work is complicated or particularly hazardous, or
    (ii) If the employee cannot be expected to recognize and avoid the 
hazards involved in the job.

    Note to paragraph (d): The briefing must address all the subjects 
listed in paragraph (b) of this section.

    (e) Working alone. An employee working alone need not conduct a job 
briefing. However, the employer shall ensure that the tasks to be 
performed are planned as if a briefing were required.



Sec.  1926.953  Enclosed spaces.

    (a) General. This section covers enclosed spaces that may be entered 
by employees. It does not apply to vented vaults if the employer makes a 
determination that the ventilation system is operating to protect 
employees before they enter the space. This section applies to routine 
entry into enclosed spaces. If, after the employer takes the precautions 
given in this section and in Sec.  1926.965, the hazards remaining in 
the enclosed space endanger the life of an entrant or could interfere 
with an entrant's escape from the space, then entry into the enclosed 
space must meet the permit space entry requirements of subpart AA of 
this part. For routine entries where the hazards remaining in the 
enclosed space do not endanger the life of an entrant or interfere with 
an entrant's escape from the space, this section applies in lieu of the 
permit-space entry requirements contained in Sec. Sec.  1926.1204 
through 926.1211.

[[Page 458]]

    (b) Safe work practices. The employer shall ensure the use of safe 
work practices for entry into, and work in, enclosed spaces and for 
rescue of employees from such spaces.
    (c) Training. Each employee who enters an enclosed space or who 
serves as an attendant shall be trained in the hazards of enclosed-space 
entry, in enclosed-space entry procedures, and in enclosed-space rescue 
procedures.
    (d) Rescue equipment. Employers shall provide equipment to ensure 
the prompt and safe rescue of employees from the enclosed space.
    (e) Evaluating potential hazards. Before any entrance cover to an 
enclosed space is removed, the employer shall determine whether it is 
safe to do so by checking for the presence of any atmospheric pressure 
or temperature differences and by evaluating whether there might be a 
hazardous atmosphere in the space. Any conditions making it unsafe to 
remove the cover shall be eliminated before the cover is removed.

    Note to paragraph (e): The determination called for in this 
paragraph may consist of a check of the conditions that might 
foreseeably be in the enclosed space. For example, the cover could be 
checked to see if it is hot and, if it is fastened in place, could be 
loosened gradually to release any residual pressure. An evaluation also 
needs to be made of whether conditions at the site could cause a 
hazardous atmosphere, such as an oxygen-deficient or flammable 
atmosphere, to develop within the space.

    (f) Removing covers. When covers are removed from enclosed spaces, 
the opening shall be promptly guarded by a railing, temporary cover, or 
other barrier designed to prevent an accidental fall through the opening 
and to protect employees working in the space from objects entering the 
space.
    (g) Hazardous atmosphere. Employees may not enter any enclosed space 
while it contains a hazardous atmosphere, unless the entry conforms to 
the confined spaces in construction standard in subpart AA of this part.
    (h) Attendants. While work is being performed in the enclosed space, 
an attendant with first-aid training shall be immediately available 
outside the enclosed space to provide assistance if a hazard exists 
because of traffic patterns in the area of the opening used for entry. 
The attendant is not precluded from performing other duties outside the 
enclosed space if these duties do not distract the attendant from: 
Monitoring employees within the space or ensuring that it is safe for 
employees to enter and exit the space.

    Note to paragraph (h): See Sec.  1926.965 for additional 
requirements on attendants for work in manholes and vaults.

    (i) Calibration of test instruments. Test instruments used to 
monitor atmospheres in enclosed spaces shall be kept in calibration and 
shall have a minimum accuracy of 10 percent.
    (j) Testing for oxygen deficiency. Before an employee enters an 
enclosed space, the atmosphere in the enclosed space shall be tested for 
oxygen deficiency with a direct-reading meter or similar instrument, 
capable of collection and immediate analysis of data samples without the 
need for off-site evaluation. If continuous forced-air ventilation is 
provided, testing is not required provided that the procedures used 
ensure that employees are not exposed to the hazards posed by oxygen 
deficiency.
    (k) Testing for flammable gases and vapors. Before an employee 
enters an enclosed space, the internal atmosphere shall be tested for 
flammable gases and vapors with a direct-reading meter or similar 
instrument capable of collection and immediate analysis of data samples 
without the need for off-site evaluation. This test shall be performed 
after the oxygen testing and ventilation required by paragraph (j) of 
this section demonstrate that there is sufficient oxygen to ensure the 
accuracy of the test for flammability.
    (l) Ventilation, and monitoring for flammable gases or vapors. If 
flammable gases or vapors are detected or if an oxygen deficiency is 
found, forced-air ventilation shall be used to maintain oxygen at a safe 
level and to prevent a hazardous concentration of flammable gases and 
vapors from accumulating. A continuous monitoring program to ensure that 
no increase in flammable gas or vapor concentration above safe levels 
occurs may be followed in lieu of ventilation if flammable gases or 
vapors are initially detected at safe levels.


[[Page 459]]


    Note to paragraph (l): See the definition of ``hazardous 
atmosphere'' for guidance in determining whether a specific 
concentration of a substance is hazardous.

    (m) Specific ventilation requirements. If continuous forced-air 
ventilation is used, it shall begin before entry is made and shall be 
maintained long enough for the employer to be able to demonstrate that a 
safe atmosphere exists before employees are allowed to enter the work 
area. The forced-air ventilation shall be so directed as to ventilate 
the immediate area where employees are present within the enclosed space 
and shall continue until all employees leave the enclosed space.
    (n) Air supply. The air supply for the continuous forced-air 
ventilation shall be from a clean source and may not increase the 
hazards in the enclosed space.
    (o) Open flames. If open flames are used in enclosed spaces, a test 
for flammable gases and vapors shall be made immediately before the open 
flame device is used and at least once per hour while the device is used 
in the space. Testing shall be conducted more frequently if conditions 
present in the enclosed space indicate that once per hour is 
insufficient to detect hazardous accumulations of flammable gases or 
vapors.

    Note to paragraph (o): See the definition of ``hazardous 
atmosphere'' for guidance in determining whether a specific 
concentration of a substance is hazardous.
    Note to Sec.  1926.953: Entries into enclosed spaces conducted in 
accordance with the permit space entry requirements of subpart AA of 
this part are considered as complying with this section.

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 80 
FR 25518, May 4, 2015]



Sec.  1926.954  Personal protective equipment.

    (a) General. Personal protective equipment shall meet the 
requirements of subpart E of this part.

    Note to paragraph (a): Paragraph (d) of Sec.  1926.95 sets employer 
payment obligations for the personal protective equipment required by 
this subpart, including, but not limited to, the fall protection 
equipment required by paragraph (b) of this section, the electrical 
protective equipment required by Sec.  1926.960(c), and the flame-
resistant and arc-rated clothing and other protective equipment required 
by Sec.  1926.960(g).

    (b) Fall protection--(1) Personal fall arrest systems. (i) Personal 
fall arrest systems shall meet the requirements of subpart M of this 
part.
    (ii) Personal fall arrest equipment used by employees who are 
exposed to hazards from flames or electric arcs, as determined by the 
employer under Sec.  1926.960(g)(1), shall be capable of passing a drop 
test equivalent to that required by paragraph (b)(2)(xii) of this 
section after exposure to an electric arc with a heat energy of 405 cal/cm\2\.
    (2) Work-positioning equipment. Body belts and positioning straps 
for work-positioning equipment shall meet the following requirements:
    (i) Hardware for body belts and positioning straps shall meet the 
following requirements:
    (A) Hardware shall be made of drop-forged steel, pressed steel, 
formed steel, or equivalent material.
    (B) Hardware shall have a corrosion-resistant finish.
    (C) Hardware surfaces shall be smooth and free of sharp edges.
    (ii) Buckles shall be capable of withstanding an 8.9-kilonewton 
(2,000-pound-force) tension test with a maximum permanent deformation no 
greater than 0.4 millimeters (0.0156 inches).
    (iii) D rings shall be capable of withstanding a 22-kilonewton 
(5,000-pound-force) tensile test without cracking or breaking.
    (iv) Snaphooks shall be capable of withstanding a 22-kilonewton 
(5,000-pound-force) tension test without failure.

    Note to paragraph (b)(2)(iv): Distortion of the snaphook sufficient 
to release the keeper is considered to be tensile failure of a snaphook.

    (v) Top grain leather or leather substitute may be used in the 
manufacture of body belts and positioning straps; however, leather and 
leather substitutes may not be used alone as a load-bearing component of 
the assembly.
    (vi) Plied fabric used in positioning straps and in load-bearing 
parts of body belts shall be constructed in such a way that no raw edges 
are exposed and the plies do not separate.

[[Page 460]]

    (vii) Positioning straps shall be capable of withstanding the 
following tests:
    (A) A dielectric test of 819.7 volts, AC, per centimeter (25,000 
volts per foot) for 3 minutes without visible deterioration;
    (B) A leakage test of 98.4 volts, AC, per centimeter (3,000 volts 
per foot) with a leakage current of no more than 1 mA;

    Note to paragraphs (b)(2)(vii)(A) and (b)(2)(vii)(B): Positioning 
straps that pass direct-current tests at equivalent voltages are 
considered as meeting this requirement.

    (C) Tension tests of 20 kilonewtons (4,500 pounds-force) for 
sections free of buckle holes and of 15 kilonewtons (3,500 pounds-force) 
for sections with buckle holes;
    (D) A buckle-tear test with a load of 4.4 kilonewtons (1,000 pounds-
force); and
    (E) A flammability test in accordance with Table V-1.

                      Table V-1--Flammability Test
------------------------------------------------------------------------
                                              Criteria for passing the
                Test method                             test
------------------------------------------------------------------------
Vertically suspend a 500-mm (19.7-inch)     Any flames on the
 length of strapping supporting a 100-kg     positioning strap shall
 (220.5-lb) weight.                          self extinguish.
Use a butane or propane burner with a 76-   The positioning strap shall
 mm (3-inch) flame.                          continue to support the 100-
                                             kg (220.5-lb) mass.
Direct the flame to an edge of the
 strapping at a distance of 25 mm (1
 inch).
Remove the flame after 5 seconds.
Wait for any flames on the positioning
 strap to stop burning.
------------------------------------------------------------------------

    (viii) The cushion part of the body belt shall contain no exposed 
rivets on the inside and shall be at least 76 millimeters (3 inches) in 
width.
    (ix) Tool loops shall be situated on the body of a body belt so that 
the 100 millimeters (4 inches) of the body belt that is in the center of 
the back, measuring from D ring to D ring, is free of tool loops and any 
other attachments.
    (x) Copper, steel, or equivalent liners shall be used around the 
bars of D rings to prevent wear between these members and the leather or 
fabric enclosing them.
    (xi) Snaphooks shall be of the locking type meeting the following 
requirements:
    (A) The locking mechanism shall first be released, or a destructive 
force shall be placed on the keeper, before the keeper will open.
    (B) A force in the range of 6.7 N (1.5 lbf) to 17.8 N (4 lbf) shall 
be required to release the locking mechanism.
    (C) With the locking mechanism released and with a force applied on 
the keeper against the face of the nose, the keeper may not begin to 
open with a force of 11.2 N (2.5 lbf) or less and shall begin to open 
with a maximum force of 17.8 N (4 lbf).
    (xii) Body belts and positioning straps shall be capable of 
withstanding a drop test as follows:
    (A) The test mass shall be rigidly constructed of steel or 
equivalent material with a mass of 100 kg (220.5 lbm). For work-
positioning equipment used by employees weighing more than 140 kg (310 
lbm) fully equipped, the test mass shall be increased proportionately 
(that is, the test mass must equal the mass of the equipped worker 
divided by 1.4).
    (B) For body belts, the body belt shall be fitted snugly around the 
test mass and shall be attached to the test-structure anchorage point by 
means of a wire rope.
    (C) For positioning straps, the strap shall be adjusted to its 
shortest length possible to accommodate the test and connected to the 
test-structure anchorage point at one end and to the test mass on the 
other end.
    (D) The test mass shall be dropped an unobstructed distance of 1 
meter (39.4 inches) from a supporting structure that will sustain 
minimal deflection during the test.
    (E) Body belts shall successfully arrest the fall of the test mass 
and shall be capable of supporting the mass after the test.
    (F) Positioning straps shall successfully arrest the fall of the 
test mass without breaking, and the arrest force may not exceed 17.8 
kilonewtons (4,000 pounds-force). Additionally, snaphooks on positioning 
straps may not distort to such an extent that the keeper would release.

    Note to paragraph (b)(2): When used by employees weighing no more 
than 140 kg (310

[[Page 461]]

lbm) fully equipped, body belts and positioning straps that conform to 
American Society of Testing and Materials Standard Specifications for 
Personal Climbing Equipment, ASTM F887-12\e1\, are deemed to be in 
compliance with paragraph (b)(2) of this section.

    (3) Care and use of personal fall protection equipment. (i) Work-
positioning equipment shall be inspected before use each day to 
determine that the equipment is in safe working condition. Work-
positioning equipment that is not in safe working condition may not be 
used.

    Note to paragraph (b)(3)(i): Appendix F to this subpart contains 
guidelines for inspecting work-positioning equipment.

    (ii) Personal fall arrest systems shall be used in accordance with 
Sec.  1926.502(d).

    Note to paragraph (b)(3)(ii): Fall protection equipment rigged to 
arrest falls is considered a fall arrest system and must meet the 
applicable requirements for the design and use of those systems. Fall 
protection equipment rigged for work positioning is considered work-
positioning equipment and must meet the applicable requirements for the 
design and use of that equipment.

    (iii) The employer shall ensure that employees use fall protection 
systems as follows:
    (A) Each employee working from an aerial lift shall use a fall 
restraint system or a personal fall arrest system. Paragraph (b)(2)(v) 
of Sec.  1926.453 does not apply.
    (B) Except as provided in paragraph (b)(3)(iii)(C) of this section, 
each employee in elevated locations more than 1.2 meters (4 feet) above 
the ground on poles, towers, or similar structures shall use a personal 
fall arrest system, work-positioning equipment, or fall restraint 
system, as appropriate, if the employer has not provided other fall 
protection meeting subpart M of this part.
    (C) Until March 31, 2015, a qualified employee climbing or changing 
location on poles, towers, or similar structures need not use fall 
protection equipment, unless conditions, such as, but not limited to, 
ice, high winds, the design of the structure (for example, no provision 
for holding on with hands), or the presence of contaminants on the 
structure, could cause the employee to lose his or her grip or footing. 
On and after April 1, 2015, each qualified employee climbing or changing 
location on poles, towers, or similar structures must use fall 
protection equipment unless the employer can demonstrate that climbing 
or changing location with fall protection is infeasible or creates a 
greater hazard than climbing or changing location without it.

    Note 1 to paragraphs (b)(3)(iii)(B) and (b)(3)(iii)(C): These 
paragraphs apply to structures that support overhead electric power 
transmission and distribution lines and equipment. They do not apply to 
portions of buildings, such as loading docks, or to electric equipment, 
such as transformers and capacitors. Subpart M of this part contains the 
duty to provide fall protection associated with walking and working 
surfaces.
    Note 2 to paragraphs (b)(3)(iii)(B) and (b)(3)(iii)(C): Until the 
employer ensures that employees are proficient in climbing and the use 
of fall protection under Sec.  1926.950(b)(7), the employees are not 
considered ``qualified employees'' for the purposes of paragraphs 
(b)(3)(iii)(B) and (b)(3)(iii)(C) of this section. These paragraphs 
require unqualified employees (including trainees) to use fall 
protection any time they are more than 1.2 meters (4 feet) above the 
ground.

    (iv) On and after April 1, 2015, work-positioning systems shall be 
rigged so that an employee can free fall no more than 0.6 meters (2 
feet).
    (v) Anchorages for work-positioning equipment shall be capable of 
supporting at least twice the potential impact load of an employee's 
fall, or 13.3 kilonewtons (3,000 pounds-force), whichever is greater.

    Note to paragraph (b)(3)(v): Wood-pole fall-restriction devices 
meeting American Society of Testing and Materials Standard 
Specifications for Personal Climbing Equipment, ASTM F887-12\e1\, are 
deemed to meet the anchorage-strength requirement when they are used in 
accordance with manufacturers' instructions.

    (vi) Unless the snaphook is a locking type and designed specifically 
for the following connections, snaphooks on work-positioning equipment 
may not be engaged:
    (A) Directly to webbing, rope, or wire rope;
    (B) To each other;
    (C) To a D ring to which another snaphook or other connector is 
attached;
    (D) To a horizontal lifeline; or

[[Page 462]]

    (E) To any object that is incompatibly shaped or dimensioned in 
relation to the snaphook such that accidental disengagement could occur 
should the connected object sufficiently depress the snaphook keeper to 
allow release of the object.



Sec.  1926.955  Portable ladders and platforms.

    (a) General. Requirements for portable ladders contained in subpart 
X of this part apply in addition to the requirements of this section, 
except as specifically noted in paragraph (b) of this section.
    (b) Special ladders and platforms. Portable ladders used on 
structures or conductors in conjunction with overhead line work need not 
meet Sec.  1926.1053(b)(5)(i) and (b)(12). Portable ladders and 
platforms used on structures or conductors in conjunction with overhead 
line work shall meet the following requirements:
    (1) Design load. In the configurations in which they are used, 
portable platforms shall be capable of supporting without failure at 
least 2.5 times the maximum intended load.
    (2) Maximum load. Portable ladders and platforms may not be loaded 
in excess of the working loads for which they are designed.
    (3) Securing in place. Portable ladders and platforms shall be 
secured to prevent them from becoming dislodged.
    (4) Intended use. Portable ladders and platforms may be used only in 
applications for which they are designed.
    (c) Conductive ladders. Portable metal ladders and other portable 
conductive ladders may not be used near exposed energized lines or 
equipment. However, in specialized high-voltage work, conductive ladders 
shall be used when the employer demonstrates that nonconductive ladders 
would present a greater hazard to employees than conductive ladders.



Sec.  1926.956  Hand and portable power equipment.

    (a) General. Paragraph (b) of this section applies to electric 
equipment connected by cord and plug. Paragraph (c) of this section 
applies to portable and vehicle-mounted generators used to supply cord- 
and plug-connected equipment. Paragraph (d) of this section applies to 
hydraulic and pneumatic tools.
    (b) Cord- and plug-connected equipment. Cord- and plug-connected 
equipment not covered by subpart K of this part shall comply with one of 
the following instead of Sec.  1926.302(a)(1):
    (1) The equipment shall be equipped with a cord containing an 
equipment grounding conductor connected to the equipment frame and to a 
means for grounding the other end of the conductor (however, this option 
may not be used where the introduction of the ground into the work 
environment increases the hazard to an employee); or
    (2) The equipment shall be of the double-insulated type conforming 
to subpart K of this part; or
    (3) The equipment shall be connected to the power supply through an 
isolating transformer with an ungrounded secondary of not more than 50 
volts.
    (c) Portable and vehicle-mounted generators. Portable and vehicle-
mounted generators used to supply cord- and plug-connected equipment 
covered by paragraph (b) of this section shall meet the following 
requirements:
    (1) Equipment to be supplied. The generator may only supply 
equipment located on the generator or the vehicle and cord- and plug-
connected equipment through receptacles mounted on the generator or the 
vehicle.
    (2) Equipment grounding. The non-current-carrying metal parts of 
equipment and the equipment grounding conductor terminals of the 
receptacles shall be bonded to the generator frame.
    (3) Bonding the frame. For vehicle-mounted generators, the frame of 
the generator shall be bonded to the vehicle frame.
    (4) Bonding the neutral conductor. Any neutral conductor shall be 
bonded to the generator frame.
    (d) Hydraulic and pneumatic tools--(1) Hydraulic fluid in insulating 
tools. Paragraph (d)(1) of Sec.  1926.302 does not apply to hydraulic 
fluid used in insulating sections of hydraulic tools.
    (2) Operating pressure. Safe operating pressures for hydraulic and 
pneumatic tools, hoses, valves, pipes, filters, and fittings may not be 
exceeded.

    Note to paragraph (d)(2): If any hazardous defects are present, no 
operating pressure is

[[Page 463]]

safe, and the hydraulic or pneumatic equipment involved may not be used. 
In the absence of defects, the maximum rated operating pressure is the 
maximum safe pressure.

    (3) Work near energized parts. A hydraulic or pneumatic tool used 
where it may contact exposed energized parts shall be designed and 
maintained for such use.
    (4) Protection against vacuum formation. The hydraulic system 
supplying a hydraulic tool used where it may contact exposed live parts 
shall provide protection against loss of insulating value, for the 
voltage involved, due to the formation of a partial vacuum in the 
hydraulic line.

    Note to paragraph (d)(4): Use of hydraulic lines that do not have 
check valves and that have a separation of more than 10.7 meters (35 
feet) between the oil reservoir and the upper end of the hydraulic 
system promotes the formation of a partial vacuum.

    (5) Protection against the accumulation of moisture. A pneumatic 
tool used on energized electric lines or equipment, or used where it may 
contact exposed live parts, shall provide protection against the 
accumulation of moisture in the air supply.
    (6) Breaking connections. Pressure shall be released before 
connections are broken, unless quick-acting, self-closing connectors are 
used.
    (7) Leaks. Employers must ensure that employees do not use any part 
of their bodies to locate, or attempt to stop, a hydraulic leak.
    (8) Hoses. Hoses may not be kinked.



Sec.  1926.957  Live-line tools.

    (a) Design of tools. Live-line tool rods, tubes, and poles shall be 
designed and constructed to withstand the following minimum tests:
    (1) Fiberglass-reinforced plastic. If the tool is made of 
fiberglass-reinforced plastic (FRP), it shall withstand 328,100 volts 
per meter (100,000 volts per foot) of length for 5 minutes, or

    Note to paragraph (a)(1): Live-line tools using rod and tube that 
meet ASTM F711-02 (2007), Standard Specification for Fiberglass-
Reinforced Plastic (FRP) Rod and Tube Used in Live Line Tools, are 
deemed to comply with paragraph (a)(1) of this section.

    (2) Wood. If the tool is made of wood, it shall withstand 246,100 
volts per meter (75,000 volts per foot) of length for 3 minutes, or
    (3) Equivalent tests. The tool shall withstand other tests that the 
employer can demonstrate are equivalent.
    (b) Condition of tools--(1) Daily inspection. Each live-line tool 
shall be wiped clean and visually inspected for defects before use each 
day.
    (2) Defects. If any defect or contamination that could adversely 
affect the insulating qualities or mechanical integrity of the live-line 
tool is present after wiping, the tool shall be removed from service and 
examined and tested according to paragraph (b)(3) of this section before 
being returned to service.
    (3) Biennial inspection and testing. Live-line tools used for 
primary employee protection shall be removed from service every 2 years, 
and whenever required under paragraph (b)(2) of this section, for 
examination, cleaning, repair, and testing as follows:
    (i) Each tool shall be thoroughly examined for defects.
    (ii) If a defect or contamination that could adversely affect the 
insulating qualities or mechanical integrity of the live-line tool is 
found, the tool shall be repaired and refinished or shall be permanently 
removed from service. If no such defect or contamination is found, the 
tool shall be cleaned and waxed.
    (iii) The tool shall be tested in accordance with paragraphs 
(b)(3)(iv) and (b)(3)(v) of this section under the following conditions:
    (A) After the tool has been repaired or refinished; and
    (B) After the examination if repair or refinishing is not performed, 
unless the tool is made of FRP rod or foam-filled FRP tube and the 
employer can demonstrate that the tool has no defects that could cause 
it to fail during use.
    (iv) The test method used shall be designed to verify the tool's 
integrity along its entire working length and, if the tool is made of 
fiberglass-reinforced plastic, its integrity under wet conditions.
    (v) The voltage applied during the tests shall be as follows:
    (A) 246,100 volts per meter (75,000 volts per foot) of length for 1 
minute if the tool is made of fiberglass, or

[[Page 464]]

    (B) 164,000 volts per meter (50,000 volts per foot) of length for 1 
minute if the tool is made of wood, or
    (C) Other tests that the employer can demonstrate are equivalent.

    Note to paragraph (b): Guidelines for the examination, cleaning, 
repairing, and in-service testing of live-line tools are specified in 
the Institute of Electrical and Electronics Engineers' IEEE Guide for 
Maintenance Methods on Energized Power Lines, IEEE Std 516-2009.



Sec.  1926.958  Materials handling and storage.

    (a) General. Materials handling and storage shall comply with 
applicable material-handling and material-storage requirements in this 
part, including those in subparts N and CC of this part.
    (b) Materials storage near energized lines or equipment--(1) 
Unrestricted areas. In areas to which access is not restricted to 
qualified persons only, materials or equipment may not be stored closer 
to energized lines or exposed energized parts of equipment than the 
following distances, plus a distance that provides for the maximum sag 
and side swing of all conductors and for the height and movement of 
material-handling equipment:
    (i) For lines and equipment energized at 50 kilovolts or less, the 
distance is 3.05 meters (10 feet).
    (ii) For lines and equipment energized at more than 50 kilovolts, 
the distance is 3.05 meters (10 feet) plus 0.10 meter (4 inches) for 
every 10 kilovolts over 50 kilovolts.
    (2) Restricted areas. In areas restricted to qualified employees, 
materials may not be stored within the working space about energized 
lines or equipment.

    Note to paragraph (b)(2): Paragraph (b) of Sec.  1926.966 specifies 
the size of the working space.



Sec.  1926.959  Mechanical equipment.

    (a) General requirements--(1) Other applicable requirements. 
Mechanical equipment shall be operated in accordance with applicable 
requirements in this part, including subparts N, O, and CC of this part, 
except that Sec.  1926.600(a)(6) does not apply to operations performed 
by qualified employees.
    (2) Inspection before use. The critical safety components of 
mechanical elevating and rotating equipment shall receive a thorough 
visual inspection before use on each shift.

    Note to paragraph (a)(2): Critical safety components of mechanical 
elevating and rotating equipment are components for which failure would 
result in free fall or free rotation of the boom.

    (3) Operator. The operator of an electric line truck may not leave 
his or her position at the controls while a load is suspended, unless 
the employer can demonstrate that no employee (including the operator) 
is endangered.
    (b) Outriggers--(1) Extend outriggers. Mobile equipment, if provided 
with outriggers, shall be operated with the outriggers extended and 
firmly set, except as provided in paragraph (b)(3) of this section.
    (2) Clear view. Outriggers may not be extended or retracted outside 
of the clear view of the operator unless all employees are outside the 
range of possible equipment motion.
    (3) Operation without outriggers. If the work area or the terrain 
precludes the use of outriggers, the equipment may be operated only 
within its maximum load ratings specified by the equipment manufacturer 
for the particular configuration of the equipment without outriggers.
    (c) Applied loads. Mechanical equipment used to lift or move lines 
or other material shall be used within its maximum load rating and other 
design limitations for the conditions under which the mechanical 
equipment is being used.
    (d) Operations near energized lines or equipment--(1) Minimum 
approach distance. Mechanical equipment shall be operated so that the 
minimum approach distances, established by the employer under Sec.  
1926.960(c)(1)(i), are maintained from exposed energized lines and 
equipment. However, the insulated portion of an aerial lift operated by 
a qualified employee in the lift is exempt from this requirement if the 
applicable minimum approach distance is maintained between the 
uninsulated portions of the aerial lift and exposed objects having a 
different electrical potential.

[[Page 465]]

    (2) Observer. A designated employee other than the equipment 
operator shall observe the approach distance to exposed lines and 
equipment and provide timely warnings before the minimum approach 
distance required by paragraph (d)(1) of this section is reached, unless 
the employer can demonstrate that the operator can accurately determine 
that the minimum approach distance is being maintained.
    (3) Extra precautions. If, during operation of the mechanical 
equipment, that equipment could become energized, the operation also 
shall comply with at least one of paragraphs (d)(3)(i) through 
(d)(3)(iii) of this section.
    (i) The energized lines or equipment exposed to contact shall be 
covered with insulating protective material that will withstand the type 
of contact that could be made during the operation.
    (ii) The mechanical equipment shall be insulated for the voltage 
involved. The mechanical equipment shall be positioned so that its 
uninsulated portions cannot approach the energized lines or equipment 
any closer than the minimum approach distances, established by the 
employer under Sec.  1926.960(c)(1)(i).
    (iii) Each employee shall be protected from hazards that could arise 
from mechanical equipment contact with energized lines or equipment. The 
measures used shall ensure that employees will not be exposed to 
hazardous differences in electric potential. Unless the employer can 
demonstrate that the methods in use protect each employee from the 
hazards that could arise if the mechanical equipment contacts the 
energized line or equipment, the measures used shall include all of the 
following techniques:
    (A) Using the best available ground to minimize the time the lines 
or electric equipment remain energized,
    (B) Bonding mechanical equipment together to minimize potential 
differences,
    (C) Providing ground mats to extend areas of equipotential, and
    (D) Employing insulating protective equipment or barricades to guard 
against any remaining hazardous electrical potential differences.

    Note to paragraph (d)(3)(iii): Appendix C to this subpart contains 
information on hazardous step and touch potentials and on methods of 
protecting employees from hazards resulting from such potentials.



Sec.  1926.960  Working on or near exposed energized parts.

    (a) Application. This section applies to work on exposed live parts, 
or near enough to them to expose the employee to any hazard they 
present.
    (b) General--(1) Qualified employees only. (i) Only qualified 
employees may work on or with exposed energized lines or parts of 
equipment.
    (ii) Only qualified employees may work in areas containing 
unguarded, uninsulated energized lines or parts of equipment operating 
at 50 volts or more.
    (2) Treat as energized. Electric lines and equipment shall be 
considered and treated as energized unless they have been deenergized in 
accordance with Sec.  1926.961.
    (3) At least two employees. (i) Except as provided in paragraph 
(b)(3)(ii) of this section, at least two employees shall be present 
while any employees perform the following types of work:
    (A) Installation, removal, or repair of lines energized at more than 
600 volts,
    (B) Installation, removal, or repair of deenergized lines if an 
employee is exposed to contact with other parts energized at more than 
600 volts,
    (C) Installation, removal, or repair of equipment, such as 
transformers, capacitors, and regulators, if an employee is exposed to 
contact with parts energized at more than 600 volts,
    (D) Work involving the use of mechanical equipment, other than 
insulated aerial lifts, near parts energized at more than 600 volts, and
    (E) Other work that exposes an employee to electrical hazards 
greater than, or equal to, the electrical hazards posed by operations 
listed specifically in paragraphs (b)(3)(i)(A) through (b)(3)(i)(D) of 
this section.
    (ii) Paragraph (b)(3)(i) of this section does not apply to the 
following operations:
    (A) Routine circuit switching, when the employer can demonstrate 
that conditions at the site allow safe performance of this work,

[[Page 466]]

    (B) Work performed with live-line tools when the position of the 
employee is such that he or she is neither within reach of, nor 
otherwise exposed to contact with, energized parts, and
    (C) Emergency repairs to the extent necessary to safeguard the 
general public.
    (c) Live work--(1) Minimum approach distances. (i) The employer 
shall establish minimum approach distances no less than the distances 
computed by Table V-2 for ac systems or Table V-7 for dc systems.
    (ii) No later than April 1, 2015, for voltages over 72.5 kilovolts, 
the employer shall determine the maximum anticipated per-unit transient 
overvoltage, phase-to-ground, through an engineering analysis or assume 
a maximum anticipated per-unit transient overvoltage, phase-to-ground, 
in accordance with Table V-8. When the employer uses portable protective 
gaps to control the maximum transient overvoltage, the value of the 
maximum anticipated per-unit transient overvoltage, phase-to-ground, 
must provide for five standard deviations between the statistical 
sparkover voltage of the gap and the statistical withstand voltage 
corresponding to the electrical component of the minimum approach 
distance. The employer shall make any engineering analysis conducted to 
determine maximum anticipated per-unit transient overvoltage available 
upon request to employees and to the Assistant Secretary or designee for 
examination and copying.

    Note to paragraph (c)(1)(ii): See appendix B to this subpart for 
information on how to calculate the maximum anticipated per-unit 
transient overvoltage, phase-to-ground, when the employer uses portable 
protective gaps to reduce maximum transient overvoltages.

    (iii) The employer shall ensure that no employee approaches or takes 
any conductive object closer to exposed energized parts than the 
employer's established minimum approach distance, unless:
    (A) The employee is insulated from the energized part (rubber 
insulating gloves or rubber insulating gloves and sleeves worn in 
accordance with paragraph (c)(2) of this section constitutes insulation 
of the employee from the energized part upon which the employee is 
working provided that the employee has control of the part in a manner 
sufficient to prevent exposure to uninsulated portions of the employee's 
body), or
    (B) The energized part is insulated from the employee and from any 
other conductive object at a different potential, or
    (C) The employee is insulated from any other exposed conductive 
object in accordance with the requirements for live-line barehand work 
in Sec.  1926.964(c).
    (2) Type of insulation. (i) When an employee uses rubber insulating 
gloves as insulation from energized parts (under paragraph 
(c)(1)(iii)(A) of this section), the employer shall ensure that the 
employee also uses rubber insulating sleeves. However, an employee need 
not use rubber insulating sleeves if:
    (A) Exposed energized parts on which the employee is not working are 
insulated from the employee; and
    (B) When installing insulation for purposes of paragraph 
(c)(2)(i)(A) of this section, the employee installs the insulation from 
a position that does not expose his or her upper arm to contact with 
other energized parts.
    (ii) When an employee uses rubber insulating gloves or rubber 
insulating gloves and sleeves as insulation from energized parts (under 
paragraph (c)(1)(iii)(A) of this section), the employer shall ensure 
that the employee:
    (A) Puts on the rubber insulating gloves and sleeves in a position 
where he or she cannot reach into the minimum approach distance, 
established by the employer under paragraph (c)(1) of this section; and
    (B) Does not remove the rubber insulating gloves and sleeves until 
he or she is in a position where he or she cannot reach into the minimum 
approach distance, established by the employer under paragraph (c)(1) of 
this section.
    (d) Working position--(1) Working from below. The employer shall 
ensure that each employee, to the extent that other safety-related 
conditions at the worksite permit, works in a position from which a slip 
or shock will not bring the employee's body into contact

[[Page 467]]

with exposed, uninsulated parts energized at a potential different from 
the employee's.
    (2) Requirements for working without electrical protective 
equipment. When an employee performs work near exposed parts energized 
at more than 600 volts, but not more than 72.5 kilovolts, and is not 
wearing rubber insulating gloves, being protected by insulating 
equipment covering the energized parts, performing work using live-line 
tools, or performing live-line barehand work under Sec.  1926.964(c), 
the employee shall work from a position where he or she cannot reach 
into the minimum approach distance, established by the employer under 
paragraph (c)(1) of this section.
    (e) Making connections. The employer shall ensure that employees 
make connections as follows:
    (1) Connecting. In connecting deenergized equipment or lines to an 
energized circuit by means of a conducting wire or device, an employee 
shall first attach the wire to the deenergized part;
    (2) Disconnecting. When disconnecting equipment or lines from an 
energized circuit by means of a conducting wire or device, an employee 
shall remove the source end first; and
    (3) Loose conductors. When lines or equipment are connected to or 
disconnected from energized circuits, an employee shall keep loose 
conductors away from exposed energized parts.
    (f) Conductive articles. When an employee performs work within 
reaching distance of exposed energized parts of equipment, the employer 
shall ensure that the employee removes or renders nonconductive all 
exposed conductive articles, such as keychains or watch chains, rings, 
or wrist watches or bands, unless such articles do not increase the 
hazards associated with contact with the energized parts.
    (g) Protection from flames and electric arcs--(1) Hazard assessment. 
The employer shall assess the workplace to identify employees exposed to 
hazards from flames or from electric arcs.
    (2) Estimate of available heat energy. For each employee exposed to 
hazards from electric arcs, the employer shall make a reasonable 
estimate of the incident heat energy to which the employee would be 
exposed.

    Note 1 to paragraph (g)(2): Appendix E to this subpart provides 
guidance on estimating available heat energy. The Occupational Safety 
and Health Administration will deem employers following the guidance in 
appendix E to this subpart to be in compliance with paragraph (g)(2) of 
this section. An employer may choose a method of calculating incident 
heat energy not included in appendix E to this subpart if the chosen 
method reasonably predicts the incident energy to which the employee 
would be exposed.
    Note 2 to paragraph (g)(2): This paragraph does not require the 
employer to estimate the incident heat energy exposure for every job 
task performed by each employee. The employer may make broad estimates 
that cover multiple system areas provided the employer uses reasonable 
assumptions about the energy-exposure distribution throughout the system 
and provided the estimates represent the maximum employee exposure for 
those areas. For example, the employer could estimate the heat energy 
just outside a substation feeding a radial distribution system and use 
that estimate for all jobs performed on that radial system.

    (3) Prohibited clothing. The employer shall ensure that each 
employee who is exposed to hazards from flames or electric arcs does not 
wear clothing that could melt onto his or her skin or that could ignite 
and continue to burn when exposed to flames or the heat energy estimated 
under paragraph (g)(2) of this section.

    Note to paragraph (g)(3): This paragraph prohibits clothing made 
from acetate, nylon, polyester, rayon and polypropylene, either alone or 
in blends, unless the employer demonstrates that the fabric has been 
treated to withstand the conditions that may be encountered by the 
employee or that the employee wears the clothing in such a manner as to 
eliminate the hazard involved.

    (4) Flame-resistant clothing. The employer shall ensure that the 
outer layer of clothing worn by an employee, except for clothing not 
required to be arc rated under paragraphs (g)(5)(i) through (g)(5)(v) of 
this section, is flame resistant under any of the following conditions:
    (i) The employee is exposed to contact with energized circuit parts 
operating at more than 600 volts,
    (ii) An electric arc could ignite flammable material in the work 
area that,

[[Page 468]]

in turn, could ignite the employee's clothing,
    (iii) Molten metal or electric arcs from faulted conductors in the 
work area could ignite the employee's clothing, or

    Note to paragraph (g)(4)(iii): This paragraph does not apply to 
conductors that are capable of carrying, without failure, the maximum 
available fault current for the time the circuit protective devices take 
to interrupt the fault.

    (iv) The incident heat energy estimated under paragraph (g)(2) of 
this section exceeds 2.0 cal/cm\2\.
    (5) Arc rating. The employer shall ensure that each employee exposed 
to hazards from electric arcs wears protective clothing and other 
protective equipment with an arc rating greater than or equal to the 
heat energy estimated under paragraph (g)(2) of this section whenever 
that estimate exceeds 2.0 cal/cm\2\. This protective equipment shall 
cover the employee's entire body, except as follows:
    (i) Arc-rated protection is not necessary for the employee's hands 
when the employee is wearing rubber insulating gloves with protectors 
or, if the estimated incident energy is no more than 14 cal/cm\2\, 
heavy-duty leather work gloves with a weight of at least 407 gm/m\2\ (12 
oz/yd\2\),
    (ii) Arc-rated protection is not necessary for the employee's feet 
when the employee is wearing heavy-duty work shoes or boots,
    (iii) Arc-rated protection is not necessary for the employee's head 
when the employee is wearing head protection meeting Sec.  
1926.100(b)(2) if the estimated incident energy is less than 9 cal/cm\2\ 
for exposures involving single-phase arcs in open air or 5 cal/cm\2\ for 
other exposures,
    (iv) The protection for the employee's head may consist of head 
protection meeting Sec.  1926.100(b)(2) and a faceshield with a minimum 
arc rating of 8 cal/cm\2\ if the estimated incident-energy exposure is 
less than 13 cal/cm\2\ for exposures involving single-phase arcs in open 
air or 9 cal/cm\2\ for other exposures, and
    (v) For exposures involving single-phase arcs in open air, the arc 
rating for the employee's head and face protection may be 4 cal/cm\2\ 
less than the estimated incident energy.

    Note to paragraph (g): See appendix E to this subpart for further 
information on the selection of appropriate protection.

    (6) Dates. (i) The obligation in paragraph (g)(2) of this section 
for the employer to make reasonable estimates of incident energy 
commences January 1, 2015.
    (ii) The obligation in paragraph (g)(4)(iv) of this section for the 
employer to ensure that the outer layer of clothing worn by an employee 
is flame-resistant when the estimated incident heat energy exceeds 2.0 
cal/cm\2\ commences April 1, 2015.
    (iii) The obligation in paragraph (g)(5) of this section for the 
employer to ensure that each employee exposed to hazards from electric 
arcs wears the required arc-rated protective equipment commences April 
1, 2015.
    (h) Fuse handling. When an employee must install or remove fuses 
with one or both terminals energized at more than 300 volts, or with 
exposed parts energized at more than 50 volts, the employer shall ensure 
that the employee uses tools or gloves rated for the voltage. When an 
employee installs or removes expulsion-type fuses with one or both 
terminals energized at more than 300 volts, the employer shall ensure 
that the employee wears eye protection meeting the requirements of 
subpart E of this part, uses a tool rated for the voltage, and is clear 
of the exhaust path of the fuse barrel.
    (i) Covered (noninsulated) conductors. The requirements of this 
section that pertain to the hazards of exposed live parts also apply 
when an employee performs work in proximity to covered (noninsulated) 
wires.
    (j) Non-current-carrying metal parts. Non-current-carrying metal 
parts of equipment or devices, such as transformer cases and circuit-
breaker housings, shall be treated as energized at the highest voltage 
to which these parts are exposed, unless the employer inspects the 
installation and determines that these parts are grounded before 
employees begin performing the work.
    (k) Opening and closing circuits under load. (1) The employer shall 
ensure that

[[Page 469]]

devices used by employees to open circuits under load conditions are 
designed to interrupt the current involved.
    (2) The employer shall ensure that devices used by employees to 
close circuits under load conditions are designed to safely carry the 
current involved.

[[Page 470]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.034


[[Page 471]]


[GRAPHIC] [TIFF OMITTED] TR11AP14.035


[[Page 472]]



        Table V-3--Electrical Component of the Minimum Approach Distance (D; in Meters) at 5.1 to 72.5 kV
----------------------------------------------------------------------------------------------------------------
                                                               Phase-to-ground exposure  Phase-to-phase exposure
             Nominal voltage (kV) phase-to-phase              --------------------------------------------------
                                                                         D (m)                    D (m)
----------------------------------------------------------------------------------------------------------------
5.1 to 15.0..................................................                     0.04                      0.07
15.1 to 36.0.................................................                     0.16                      0.28
36.1 to 46.0.................................................                     0.23                      0.37
46.1 to 72.5.................................................                     0.39                      0.59
----------------------------------------------------------------------------------------------------------------


                  Table V-4--Altitude Correction Factor
------------------------------------------------------------------------
          Altitude above sea level (m)                      A
------------------------------------------------------------------------
0 to 900.......................................                     1.00
901 to 1,200...................................                     1.02
1,201 to 1,500.................................                     1.05
1,501 to 1,800.................................                     1.08
1,801 to 2,100.................................                     1.11
2,101 to 2,400.................................                     1.14
2,401 to 2,700.................................                     1.17
2,701 to 3,000.................................                     1.20
3,001 to 3,600.................................                     1.25
3,601 to 4,200.................................                     1.30
4,201 to 4,800.................................                     1.35
4,801 to 5,400.................................                     1.39
5,401 to 6,000.................................                     1.44
------------------------------------------------------------------------


             Table V-5--Alternative Minimum Approach Distances for Voltages of 72.5 kV and Less \1\
----------------------------------------------------------------------------------------------------------------
                                                                             Distance
                                                ----------------------------------------------------------------
      Nominal voltage (kV) phase-to-phase            Phase-to-ground exposure         Phase-to-phase exposure
                                                ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
0.050 0.300 \2\................................           Avoid contact
                                                          Avoid contact
                                                ----------------------------------------------------------------
0.301 to 0.750 \2\.............................            0.33            1.09             0.33            1.09
0.751 to 5.0...................................            0.63            2.07             0.63            2.07
5.1 to 15.0....................................            0.65            2.14             0.68            2.24
15.1 to 36.0...................................            0.77            2.53             0.89            2.92
36.1 to 46.0...................................            0.84            2.76             0.98            3.22
46.1 to 72.5...................................            1.00            3.29             1.20            3.94
----------------------------------------------------------------------------------------------------------------
\1\ Employers may use the minimum approach distances in this table provided the worksite is at an elevation of
  900 meters (3,000 feet) or less. If employees will be working at elevations greater than 900 meters (3,000
  feet) above mean sea level, the employer shall determine minimum approach distances by multiplying the
  distances in this table by the correction factor in Table V-4 corresponding to the altitude of the work.
\2\ For single-phase systems, use voltage-to-ground.


           Table V-6--Alternative Minimum Approach Distances for Voltages of More Than 72.5 kV \1 2 3\
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
       Voltage range phase to phase (kV)        ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
72.6 to 121.0..................................            1.13            3.71             1.42            4.66
121.1 to 145.0.................................            1.30            4.27             1.64            5.38
145.1 to 169.0.................................            1.46            4.79             1.94            6.36
169.1 to 242.0.................................            2.01            6.59             3.08           10.10
242.1 to 362.0.................................            3.41           11.19             5.52           18.11
362.1 to 420.0.................................            4.25           13.94             6.81           22.34
420.1 to 550.0.................................            5.07           16.63             8.24           27.03
550.1 to 800.0.................................            6.88           22.57            11.38           37.34
----------------------------------------------------------------------------------------------------------------
\1\ Employers may use the minimum approach distances in this table provided the worksite is at an elevation of
  900 meters (3,000 feet) or less. If employees will be working at elevations greater than 900 meters (3,000
  feet) above mean sea level, the employer shall determine minimum approach distances by multiplying the
  distances in this table by the correction factor in Table V-4 corresponding to the altitude of the work.
\2\ Employers may use the phase-to-phase minimum approach distances in this table provided that no insulated
  tool spans the gap and no large conductive object is in the gap.
\3\ The clear live-line tool distance shall equal or exceed the values for the indicated voltage ranges.


[[Page 473]]


            Table V-7--DC Live-Line Minimum Approach Distance (in Meters) With Overvoltage Factor \1\
----------------------------------------------------------------------------------------------------------------
                                                 distance (m) maximum line-to-ground voltage (kV)
  Maximum anticipated per-unit   -------------------------------------------------------------------------------
      transient overvoltage             250             400             500             600             750
----------------------------------------------------------------------------------------------------------------
1.5 or less.....................            1.12            1.60            2.06            2.62            3.61
1.6.............................            1.17            1.69            2.24            2.86            3.98
1.7.............................            1.23            1.82            2.42            3.12            4.37
1.8.............................            1.28            1.95            2.62            3.39            4.79
----------------------------------------------------------------------------------------------------------------
\1\ The distances specified in this table are for air, bare-hand, and live-line tool conditions. If employees
  will be working at elevations greater than 900 meters (3,000 feet) above mean sea level, the employer shall
  determine minimum approach distances by multiplying the distances in this table by the correction factor in
  Table V-4 corresponding to the altitude of the work.


                            Table V-8--Assumed Maximum Per-Unit Transient Overvoltage
----------------------------------------------------------------------------------------------------------------
                                                                                           Assumed maximum per-
                      Voltage range (kV)                         Type of current (ac or       unit transient
                                                                          dc)                  overvoltage
----------------------------------------------------------------------------------------------------------------
72.6 to 420.0.................................................                       ac                      3.5
420.1 to 550.0................................................                       ac                      3.0
550.1 to 800.0................................................                       ac                      2.5
250 to 750....................................................                       dc                      1.8
----------------------------------------------------------------------------------------------------------------


[79 FR 20696, Apr. 11, 2014, as amended at 79 FR 56962, Sept. 24, 2014; 
80 FR 60040, Oct. 5, 2015]



Sec.  1926.961  Deenergizing lines and equipment for employee protection.

    (a) Application. This section applies to the deenergizing of 
transmission and distribution lines and equipment for the purpose of 
protecting employees. Conductors and parts of electric equipment that 
have been deenergized under procedures other than those required by this 
section shall be treated as energized.
    (b) General--(1) System operator. If a system operator is in charge 
of the lines or equipment and their means of disconnection, the employer 
shall designate one employee in the crew to be in charge of the 
clearance and shall comply with all of the requirements of paragraph (c) 
of this section in the order specified.
    (2) No system operator. If no system operator is in charge of the 
lines or equipment and their means of disconnection, the employer shall 
designate one employee in the crew to be in charge of the clearance and 
to perform the functions that the system operator would otherwise 
perform under this section. All of the requirements of paragraph (c) of 
this section apply, in the order specified, except as provided in 
paragraph (b)(3) of this section.
    (3) Single crews working with the means of disconnection under the 
control of the employee in charge of the clearance. If only one crew 
will be working on the lines or equipment and if the means of 
disconnection is accessible and visible to, and under the sole control 
of, the employee in charge of the clearance, paragraphs (c)(1), (c)(3), 
and (c)(5) of this section do not apply. Additionally, the employer does 
not need to use the tags required by the remaining provisions of 
paragraph (c) of this section.
    (4) Multiple crews. If two or more crews will be working on the same 
lines or equipment, then:
    (i) The crews shall coordinate their activities under this section 
with a single employee in charge of the clearance for all of the crews 
and follow the requirements of this section as if all of the employees 
formed a single crew, or
    (ii) Each crew shall independently comply with this section and, if 
there is no system operator in charge of the lines or equipment, shall 
have separate tags and coordinate deenergizing and reenergizing the 
lines and equipment with the other crews.
    (5) Disconnecting means accessible to general public. The employer 
shall render any disconnecting means that are accessible to individuals 
outside the employer's control (for example, the general public) 
inoperable while

[[Page 474]]

the disconnecting means are open for the purpose of protecting 
employees.
    (c) Deenergizing lines and equipment--(1) Request to deenergize. The 
employee that the employer designates pursuant to paragraph (b) of this 
section as being in charge of the clearance shall make a request of the 
system operator to deenergize the particular section of line or 
equipment. The designated employee becomes the employee in charge (as 
this term is used in paragraph (c) of this section) and is responsible 
for the clearance.
    (2) Open disconnecting means. The employer shall ensure that all 
switches, disconnectors, jumpers, taps, and other means through which 
known sources of electric energy may be supplied to the particular lines 
and equipment to be deenergized are open. The employer shall render such 
means inoperable, unless its design does not so permit, and then ensure 
that such means are tagged to indicate that employees are at work.
    (3) Automatically and remotely controlled switches. The employer 
shall ensure that automatically and remotely controlled switches that 
could cause the opened disconnecting means to close are also tagged at 
the points of control. The employer shall render the automatic or remote 
control feature inoperable, unless its design does not so permit.
    (4) Network protectors. The employer need not use the tags mentioned 
in paragraphs (c)(2) and (c)(3) of this section on a network protector 
for work on the primary feeder for the network protector's associated 
network transformer when the employer can demonstrate all of the 
following conditions:
    (i) Every network protector is maintained so that it will 
immediately trip open if closed when a primary conductor is deenergized;
    (ii) Employees cannot manually place any network protector in a 
closed position without the use of tools, and any manual override 
position is blocked, locked, or otherwise disabled; and
    (iii) The employer has procedures for manually overriding any 
network protector that incorporate provisions for determining, before 
anyone places a network protector in a closed position, that: The line 
connected to the network protector is not deenergized for the protection 
of any employee working on the line; and (if the line connected to the 
network protector is not deenergized for the protection of any employee 
working on the line) the primary conductors for the network protector 
are energized.
    (5) Tags. Tags shall prohibit operation of the disconnecting means 
and shall indicate that employees are at work.
    (6) Test for energized condition. After the applicable requirements 
in paragraphs (c)(1) through (c)(5) of this section have been followed 
and the system operator gives a clearance to the employee in charge, the 
employer shall ensure that the lines and equipment are deenergized by 
testing the lines and equipment to be worked with a device designed to 
detect voltage.
    (7) Install grounds. The employer shall ensure the installation of 
protective grounds as required by Sec.  1926.962.
    (8) Consider lines and equipment deenergized. After the applicable 
requirements of paragraphs (c)(1) through (c)(7) of this section have 
been followed, the lines and equipment involved may be considered 
deenergized.
    (9) Transferring clearances. To transfer the clearance, the employee 
in charge (or the employee's supervisor if the employee in charge must 
leave the worksite due to illness or other emergency) shall inform the 
system operator and employees in the crew; and the new employee in 
charge shall be responsible for the clearance.
    (10) Releasing clearances. To release a clearance, the employee in 
charge shall:
    (i) Notify each employee under that clearance of the pending release 
of the clearance;
    (ii) Ensure that all employees under that clearance are clear of the 
lines and equipment;
    (iii) Ensure that all protective grounds protecting employees under 
that clearance have been removed; and
    (iv) Report this information to the system operator and then release 
the clearance.
    (11) Person releasing clearance. Only the employee in charge who 
requested

[[Page 475]]

the clearance may release the clearance, unless the employer transfers 
responsibility under paragraph (c)(9) of this section.
    (12) Removal of tags. No one may remove tags without the release of 
the associated clearance as specified under paragraphs (c)(10) and 
(c)(11) of this section.
    (13) Reenergizing lines and equipment. The employer shall ensure 
that no one initiates action to reenergize the lines or equipment at a 
point of disconnection until all protective grounds have been removed, 
all crews working on the lines or equipment release their clearances, 
all employees are clear of the lines and equipment, and all protective 
tags are removed from that point of disconnection.



Sec.  1926.962  Grounding for the protection of employees.

    (a) Application. This section applies to grounding of transmission 
and distribution lines and equipment for the purpose of protecting 
employees. Paragraph (d) of this section also applies to protective 
grounding of other equipment as required elsewhere in this Subpart.

    Note to paragraph (a): This section covers grounding of transmission 
and distribution lines and equipment when this subpart requires 
protective grounding and whenever the employer chooses to ground such 
lines and equipment for the protection of employees.

    (b) General. For any employee to work transmission and distribution 
lines or equipment as deenergized, the employer shall ensure that the 
lines or equipment are deenergized under the provisions of Sec.  
1926.961 and shall ensure proper grounding of the lines or equipment as 
specified in paragraphs (c) through (h) of this section. However, if the 
employer can demonstrate that installation of a ground is impracticable 
or that the conditions resulting from the installation of a ground would 
present greater hazards to employees than working without grounds, the 
lines and equipment may be treated as deenergized provided that the 
employer establishes that all of the following conditions apply:
    (1) Deenergized. The employer ensures that the lines and equipment 
are deenergized under the provisions of Sec.  1926.961.
    (2) No possibility of contact. There is no possibility of contact 
with another energized source.
    (3) No induced voltage. The hazard of induced voltage is not 
present.
    (c) Equipotential zone. Temporary protective grounds shall be placed 
at such locations and arranged in such a manner that the employer can 
demonstrate will prevent each employee from being exposed to hazardous 
differences in electric potential.

    Note to paragraph (c): Appendix C to this subpart contains 
guidelines for establishing the equipotential zone required by this 
paragraph. The Occupational Safety and Health Administration will deem 
grounding practices meeting these guidelines as complying with paragraph 
(c) of this section.

    (d) Protective grounding equipment--(1) Ampacity. (i) Protective 
grounding equipment shall be capable of conducting the maximum fault 
current that could flow at the point of grounding for the time necessary 
to clear the fault.
    (ii) Protective grounding equipment shall have an ampacity greater 
than or equal to that of No. 2 AWG copper.
    (2) Impedance. Protective grounds shall have an impedance low enough 
so that they do not delay the operation of protective devices in case of 
accidental energizing of the lines or equipment.

    Note to paragraph (d): American Society for Testing and Materials 
Standard Specifications for Temporary Protective Grounds to Be Used on 
De-Energized Electric Power Lines and Equipment, ASTM F855-09, contains 
guidelines for protective grounding equipment. The Institute of 
Electrical Engineers Guide for Protective Grounding of Power Lines, IEEE 
Std 1048-2003, contains guidelines for selecting and installing 
protective grounding equipment.

    (e) Testing. The employer shall ensure that, unless a previously 
installed ground is present, employees test lines and equipment and 
verify the absence of nominal voltage before employees install any 
ground on those lines or that equipment.
    (f) Connecting and removing grounds--(1) Order of connection. The 
employer shall ensure that, when an employee attaches a ground to a line 
or to equipment, the employee attaches the

[[Page 476]]

ground-end connection first and then attaches the other end by means of 
a live-line tool. For lines or equipment operating at 600 volts or less, 
the employer may permit the employee to use insulating equipment other 
than a live-line tool if the employer ensures that the line or equipment 
is not energized at the time the ground is connected or if the employer 
can demonstrate that each employee is protected from hazards that may 
develop if the line or equipment is energized.
    (2) Order of removal. The employer shall ensure that, when an 
employee removes a ground, the employee removes the grounding device 
from the line or equipment using a live-line tool before he or she 
removes the ground-end connection. For lines or equipment operating at 
600 volts or less, the employer may permit the employee to use 
insulating equipment other than a live-line tool if the employer ensures 
that the line or equipment is not energized at the time the ground is 
disconnected or if the employer can demonstrate that each employee is 
protected from hazards that may develop if the line or equipment is 
energized.
    (g) Additional precautions. The employer shall ensure that, when an 
employee performs work on a cable at a location remote from the cable 
terminal, the cable is not grounded at the cable terminal if there is a 
possibility of hazardous transfer of potential should a fault occur.
    (h) Removal of grounds for test. The employer may permit employees 
to remove grounds temporarily during tests. During the test procedure, 
the employer shall ensure that each employee uses insulating equipment, 
shall isolate each employee from any hazards involved, and shall 
implement any additional measures necessary to protect each exposed 
employee in case the previously grounded lines and equipment become 
energized.



Sec.  1926.963  Testing and test facilities.

    (a) Application. This section provides for safe work practices for 
high-voltage and high-power testing performed in laboratories, shops, 
and substations, and in the field and on electric transmission and 
distribution lines and equipment. It applies only to testing involving 
interim measurements using high voltage, high power, or combinations of 
high voltage and high power, and not to testing involving continuous 
measurements as in routine metering, relaying, and normal line work.

    Note to paragraph (a): OSHA considers routine inspection and 
maintenance measurements made by qualified employees to be routine line 
work not included in the scope of this section, provided that the 
hazards related to the use of intrinsic high-voltage or high-power 
sources require only the normal precautions associated with routine work 
specified in the other paragraphs of this subpart. Two typical examples 
of such excluded test work procedures are ``phasing-out'' testing and 
testing for a ``no-voltage'' condition.

    (b) General requirements--(1) Safe work practices. The employer 
shall establish and enforce work practices for the protection of each 
worker from the hazards of high-voltage or high-power testing at all 
test areas, temporary and permanent. Such work practices shall include, 
as a minimum, test area safeguarding, grounding, the safe use of 
measuring and control circuits, and a means providing for periodic 
safety checks of field test areas.
    (2) Training. The employer shall ensure that each employee, upon 
initial assignment to the test area, receives training in safe work 
practices, with retraining provided as required by Sec.  1926.950(b).
    (c) Safeguarding of test areas--(1) Safeguarding. The employer shall 
provide safeguarding within test areas to control access to test 
equipment or to apparatus under test that could become energized as part 
of the testing by either direct or inductive coupling and to prevent 
accidental employee contact with energized parts.
    (2) Permanent test areas. The employer shall guard permanent test 
areas with walls, fences, or other barriers designed to keep employees 
out of the test areas.
    (3) Temporary test areas. In field testing, or at a temporary test 
site not guarded by permanent fences and gates, the employer shall 
ensure the use of one of the following means to prevent employees 
without authorization from entering:
    (i) Distinctively colored safety tape supported approximately waist 
high with safety signs attached to it,

[[Page 477]]

    (ii) A barrier or barricade that limits access to the test area to a 
degree equivalent, physically and visually, to the barricade specified 
in paragraph (c)(3)(i) of this section, or
    (iii) One or more test observers stationed so that they can monitor 
the entire area.
    (4) Removal of safeguards. The employer shall ensure the removal of 
the safeguards required by paragraph (c)(3) of this section when 
employees no longer need the protection afforded by the safeguards.
    (d) Grounding practices--(1) Establish and implement practices. The 
employer shall establish and implement safe grounding practices for the 
test facility.
    (i) The employer shall maintain at ground potential all conductive 
parts accessible to the test operator while the equipment is operating 
at high voltage.
    (ii) Wherever ungrounded terminals of test equipment or apparatus 
under test may be present, they shall be treated as energized until 
tests demonstrate that they are deenergized.
    (2) Installation of grounds. The employer shall ensure either that 
visible grounds are applied automatically, or that employees using 
properly insulated tools manually apply visible grounds, to the high-
voltage circuits after they are deenergized and before any employee 
performs work on the circuit or on the item or apparatus under test. 
Common ground connections shall be solidly connected to the test 
equipment and the apparatus under test.
    (3) Isolated ground return. In high-power testing, the employer 
shall provide an isolated ground-return conductor system designed to 
prevent the intentional passage of current, with its attendant voltage 
rise, from occurring in the ground grid or in the earth. However, the 
employer need not provide an isolated ground-return conductor if the 
employer can demonstrate that both of the following conditions exist:
    (i) The employer cannot provide an isolated ground-return conductor 
due to the distance of the test site from the electric energy source, 
and
    (ii) The employer protects employees from any hazardous step and 
touch potentials that may develop during the test.

    Note to paragraph (d)(3)(ii): See appendix C to this subpart for 
information on measures that employers can take to protect employees 
from hazardous step and touch potentials.

    (4) Equipment grounding conductors. For tests in which using the 
equipment grounding conductor in the equipment power cord to ground the 
test equipment would result in greater hazards to test personnel or 
prevent the taking of satisfactory measurements, the employer may use a 
ground clearly indicated in the test set-up if the employer can 
demonstrate that this ground affords protection for employees equivalent 
to the protection afforded by an equipment grounding conductor in the 
power supply cord.
    (5) Grounding after tests. The employer shall ensure that, when any 
employee enters the test area after equipment is deenergized, a ground 
is placed on the high-voltage terminal and any other exposed terminals.
    (i) Before any employee applies a direct ground, the employer shall 
discharge high capacitance equipment or apparatus through a resistor 
rated for the available energy.
    (ii) A direct ground shall be applied to the exposed terminals after 
the stored energy drops to a level at which it is safe to do so.
    (6) Grounding test vehicles. If the employer uses a test trailer or 
test vehicle in field testing, its chassis shall be grounded. The 
employer shall protect each employee against hazardous touch potentials 
with respect to the vehicle, instrument panels, and other conductive 
parts accessible to employees with bonding, insulation, or isolation.
    (e) Control and measuring circuits--(1) Control wiring. The employer 
may not run control wiring, meter connections, test leads, or cables 
from a test area unless contained in a grounded metallic sheath and 
terminated in a grounded metallic enclosure or unless the employer takes 
other precautions that it can demonstrate will provide employees with 
equivalent safety.
    (2) Instruments. The employer shall isolate meters and other 
instruments with accessible terminals or parts from

[[Page 478]]

test personnel to protect against hazards that could arise should such 
terminals and parts become energized during testing. If the employer 
provides this isolation by locating test equipment in metal compartments 
with viewing windows, the employer shall provide interlocks to interrupt 
the power supply when someone opens the compartment cover.
    (3) Routing temporary wiring. The employer shall protect temporary 
wiring and its connections against damage, accidental interruptions, and 
other hazards. To the maximum extent possible, the employer shall keep 
signal, control, ground, and power cables separate from each other.
    (4) Test observer. If any employee will be present in the test area 
during testing, a test observer shall be present. The test observer 
shall be capable of implementing the immediate deenergizing of test 
circuits for safety purposes.
    (f) Safety check--(1) Before each test. Safety practices governing 
employee work at temporary or field test areas shall provide, at the 
beginning of each series of tests, for a routine safety check of such 
test areas.
    (2) Conditions to be checked. The test operator in charge shall 
conduct these routine safety checks before each series of tests and 
shall verify at least the following conditions:
    (i) Barriers and safeguards are in workable condition and placed 
properly to isolate hazardous areas;
    (ii) System test status signals, if used, are in operable condition;
    (iii) Clearly marked test-power disconnects are readily available in 
an emergency;
    (iv) Ground connections are clearly identifiable;
    (v) Personal protective equipment is provided and used as required 
by subpart E of this part and by this subpart; and
    (vi) Proper separation between signal, ground, and power cables.



Sec.  1926.964  Overhead lines and live-line barehand work.

    (a) General--(1) Application. This section provides additional 
requirements for work performed on or near overhead lines and equipment 
and for live-line barehand work.
    (2) Checking structure before climbing. Before allowing employees to 
subject elevated structures, such as poles or towers, to such stresses 
as climbing or the installation or removal of equipment may impose, the 
employer shall ascertain that the structures are capable of sustaining 
the additional or unbalanced stresses. If the pole or other structure 
cannot withstand the expected loads, the employer shall brace or 
otherwise support the pole or structure so as to prevent failure.

    Note to paragraph (a)(2): Appendix D to this subpart contains test 
methods that employers can use in ascertaining whether a wood pole is 
capable of sustaining the forces imposed by an employee climbing the 
pole. This paragraph also requires the employer to ascertain that the 
pole can sustain all other forces imposed by the work employees will 
perform.

    (3) Setting and moving poles. (i) When a pole is set, moved, or 
removed near an exposed energized overhead conductor, the pole may not 
contact the conductor.
    (ii) When a pole is set, moved, or removed near an exposed energized 
overhead conductor, the employer shall ensure that each employee wears 
electrical protective equipment or uses insulated devices when handling 
the pole and that no employee contacts the pole with uninsulated parts 
of his or her body.
    (iii) To protect employees from falling into holes used for placing 
poles, the employer shall physically guard the holes, or ensure that 
employees attend the holes, whenever anyone is working nearby.
    (b) Installing and removing overhead lines. The following provisions 
apply to the installation and removal of overhead conductors or cable 
(overhead lines).
    (1) Tension stringing method. When lines that employees are 
installing or removing can contact energized parts, the employer shall 
use the tension-stringing method, barriers, or other equivalent measures 
to minimize the possibility that conductors and cables the employees are 
installing or removing will contact energized power lines or equipment.

[[Page 479]]

    (2) Conductors, cables, and pulling and tensioning equipment. For 
conductors, cables, and pulling and tensioning equipment, the employer 
shall provide the protective measures required by Sec.  1926.959(d)(3) 
when employees are installing or removing a conductor or cable close 
enough to energized conductors that any of the following failures could 
energize the pulling or tensioning equipment or the conductor or cable 
being installed or removed:
    (i) Failure of the pulling or tensioning equipment,
    (ii) Failure of the conductor or cable being pulled, or
    (iii) Failure of the previously installed lines or equipment.
    (3) Disable automatic-reclosing feature. If the conductors that 
employees are installing or removing cross over energized conductors in 
excess of 600 volts and if the design of the circuit-interrupting 
devices protecting the lines so permits, the employer shall render 
inoperable the automatic-reclosing feature of these devices.
    (4) Induced voltage. (i) Before employees install lines parallel to 
existing energized lines, the employer shall make a determination of the 
approximate voltage to be induced in the new lines, or work shall 
proceed on the assumption that the induced voltage is hazardous.
    (ii) Unless the employer can demonstrate that the lines that 
employees are installing are not subject to the induction of a hazardous 
voltage or unless the lines are treated as energized, temporary 
protective grounds shall be placed at such locations and arranged in 
such a manner that the employer can demonstrate will prevent exposure of 
each employee to hazardous differences in electric potential.

    Note to paragraph (b)(4)(ii): Appendix C to this subpart contains 
guidelines for protecting employees from hazardous differences in 
electric potential as required by this paragraph.
    Note to paragraph (b)(4): If the employer takes no precautions to 
protect employees from hazards associated with involuntary reactions 
from electric shock, a hazard exists if the induced voltage is 
sufficient to pass a current of 1 milliampere through a 500-ohm 
resistor. If the employer protects employees from injury due to 
involuntary reactions from electric shock, a hazard exists if the 
resultant current would be more than 6 milliamperes.

    (5) Safe operating condition. Reel-handling equipment, including 
pulling and tensioning devices, shall be in safe operating condition and 
shall be leveled and aligned.
    (6) Load ratings. The employer shall ensure that employees do not 
exceed load ratings of stringing lines, pulling lines, conductor grips, 
load-bearing hardware and accessories, rigging, and hoists.
    (7) Defective pulling lines. The employer shall repair or replace 
defective pulling lines and accessories.
    (8) Conductor grips. The employer shall ensure that employees do not 
use conductor grips on wire rope unless the manufacturer specifically 
designed the grip for this application.
    (9) Communications. The employer shall ensure that employees 
maintain reliable communications, through two-way radios or other 
equivalent means, between the reel tender and the pulling-rig operator.
    (10) Operation of pulling rig. Employees may operate the pulling rig 
only when it is safe to do so.

    Note to paragraph (b)(10): Examples of unsafe conditions include: 
employees in locations prohibited by paragraph (b)(11) of this section, 
conductor and pulling line hang-ups, and slipping of the conductor grip.

    (11) Working under overhead operations. While a power-driven device 
is pulling the conductor or pulling line and the conductor or pulling 
line is in motion, the employer shall ensure that employees are not 
directly under overhead operations or on the crossarm, except as 
necessary for the employees to guide the stringing sock or board over or 
through the stringing sheave.
    (c) Live-line barehand work. In addition to other applicable 
provisions contained in this subpart, the following requirements apply 
to live-line barehand work:
    (1) Training. Before an employee uses or supervises the use of the 
live-line barehand technique on energized circuits, the employer shall 
ensure that the employee completes training conforming to Sec.  
1926.950(b) in the technique and in the safety requirements of paragraph 
(c) of this section.

[[Page 480]]

    (2) Existing conditions. Before any employee uses the live-line 
barehand technique on energized high-voltage conductors or parts, the 
employer shall ascertain the following information in addition to 
information about other existing conditions required by Sec.  
1926.950(d):
    (i) The nominal voltage rating of the circuit on which employees 
will perform the work,
    (ii) The clearances to ground of lines and other energized parts on 
which employees will perform the work, and
    (iii) The voltage limitations of equipment employees will use.
    (3) Insulated tools and equipment. (i) The employer shall ensure 
that the insulated equipment, insulated tools, and aerial devices and 
platforms used by employees are designed, tested, and made for live-line 
barehand work.
    (ii) The employer shall ensure that employees keep tools and 
equipment clean and dry while they are in use.
    (4) Disable automatic-reclosing feature. The employer shall render 
inoperable the automatic-reclosing feature of circuit-interrupting 
devices protecting the lines if the design of the devices permits.
    (5) Adverse weather conditions. The employer shall ensure that 
employees do not perform work when adverse weather conditions would make 
the work hazardous even after the employer implements the work practices 
required by this subpart. Additionally, employees may not perform work 
when winds reduce the phase-to-phase or phase-to-ground clearances at 
the work location below the minimum approach distances specified in 
paragraph (c)(13) of this section, unless insulating guards cover the 
grounded objects and other lines and equipment.

    Note to paragraph (c)(5): Thunderstorms in the vicinity, high winds, 
snow storms, and ice storms are examples of adverse weather conditions 
that make live-line barehand work too hazardous to perform safely even 
after the employer implements the work practices required by this 
subpart.

    (6) Bucket liners and electrostatic shielding. The employer shall 
provide and ensure that employees use a conductive bucket liner or other 
conductive device for bonding the insulated aerial device to the 
energized line or equipment.
    (i) The employee shall be connected to the bucket liner or other 
conductive device by the use of conductive shoes, leg clips, or other 
means.
    (ii) Where differences in potentials at the worksite pose a hazard 
to employees, the employer shall provide electrostatic shielding 
designed for the voltage being worked.
    (7) Bonding the employee to the energized part. The employer shall 
ensure that, before the employee contacts the energized part, the 
employee bonds the conductive bucket liner or other conductive device to 
the energized conductor by means of a positive connection. This 
connection shall remain attached to the energized conductor until the 
employee completes the work on the energized circuit.
    (8) Aerial-lift controls. Aerial lifts used for live-line barehand 
work shall have dual controls (lower and upper) as follows:
    (i) The upper controls shall be within easy reach of the employee in 
the bucket. On a two-bucket-type lift, access to the controls shall be 
within easy reach of both buckets.
    (ii) The lower set of controls shall be near the base of the boom 
and shall be designed so that they can override operation of the 
equipment at any time.
    (9) Operation of lower controls. Lower (ground-level) lift controls 
may not be operated with an employee in the lift except in case of 
emergency.
    (10) Check controls. The employer shall ensure that, before 
employees elevate an aerial lift into the work position, the employees 
check all controls (ground level and bucket) to determine that they are 
in proper working condition.
    (11) Body of aerial lift truck. The employer shall ensure that, 
before employees elevate the boom of an aerial lift, the employees 
ground the body of the truck or barricade the body of the truck and 
treat it as energized.
    (12) Boom-current test. The employer shall ensure that employees 
perform a boom-current test before starting work each day, each time 
during the day when they encounter a higher voltage, and when changed 
conditions indicate a need for an additional test.

[[Page 481]]

    (i) This test shall consist of placing the bucket in contact with an 
energized source equal to the voltage to be encountered for a minimum of 
3 minutes.
    (ii) The leakage current may not exceed 1 microampere per kilovolt 
of nominal phase-to-ground voltage.
    (iii) The employer shall immediately suspend work from the aerial 
lift when there is any indication of a malfunction in the equipment.
    (13) Minimum approach distance. The employer shall ensure that 
employees maintain the minimum approach distances, established by the 
employer under Sec.  1926.960(c)(1)(i), from all grounded objects and 
from lines and equipment at a potential different from that to which the 
live-line barehand equipment is bonded, unless insulating guards cover 
such grounded objects and other lines and equipment.
    (14) Approaching, leaving, and bonding to energized part. The 
employer shall ensure that, while an employee is approaching, leaving, 
or bonding to an energized circuit, the employee maintains the minimum 
approach distances, established by the employer under Sec.  
1926.960(c)(1)(i), between the employee and any grounded parts, 
including the lower boom and portions of the truck and between the 
employee and conductive objects energized at different potentials.
    (15) Positioning bucket near energized bushing or insulator string. 
While the bucket is alongside an energized bushing or insulator string, 
the employer shall ensure that employees maintain the phase-to-ground 
minimum approach distances, established by the employer under Sec.  
1926.960(c)(1)(i), between all parts of the bucket and the grounded end 
of the bushing or insulator string or any other grounded surface.
    (16) Handlines. The employer shall ensure that employees do not use 
handlines between the bucket and the boom or between the bucket and the 
ground. However, employees may use nonconductive-type handlines from 
conductor to ground if not supported from the bucket. The employer shall 
ensure that no one uses ropes used for live-line barehand work for other 
purposes.
    (17) Passing objects to employee. The employer shall ensure that 
employees do not pass uninsulated equipment or material between a pole 
or structure and an aerial lift while an employee working from the 
bucket is bonded to an energized part.
    (18) Nonconductive measuring device. A nonconductive measuring 
device shall be readily accessible to employees performing live-line 
barehand work to assist them in maintaining the required minimum 
approach distance.
    (d) Towers and structures. The following requirements apply to work 
performed on towers or other structures that support overhead lines.
    (1) Working beneath towers and structures. The employer shall ensure 
that no employee is under a tower or structure while work is in 
progress, except when the employer can demonstrate that such a working 
position is necessary to assist employees working above.
    (2) Tag lines. The employer shall ensure that employees use tag 
lines or other similar devices to maintain control of tower sections 
being raised or positioned, unless the employer can demonstrate that the 
use of such devices would create a greater hazard to employees.
    (3) Disconnecting load lines. The employer shall ensure that 
employees do not detach the loadline from a member or section until they 
safely secure the load.
    (4) Adverse weather conditions. The employer shall ensure that, 
except during emergency restoration procedures, employees discontinue 
work when adverse weather conditions would make the work hazardous in 
spite of the work practices required by this subpart.

    Note to paragraph (d)(4): Thunderstorms in the vicinity, high winds, 
snow storms, and ice storms are examples of adverse weather conditions 
that make this work too hazardous to perform even after the employer 
implements the work practices required by this subpart.



Sec.  1926.965  Underground electrical installations.

    (a) Application. This section provides additional requirements for 
work on underground electrical installations.

[[Page 482]]

    (b) Access. The employer shall ensure that employees use a ladder or 
other climbing device to enter and exit a manhole or subsurface vault 
exceeding 1.22 meters (4 feet) in depth. No employee may climb into or 
out of a manhole or vault by stepping on cables or hangers.
    (c) Lowering equipment into manholes--(1) Hoisting equipment. 
Equipment used to lower materials and tools into manholes or vaults 
shall be capable of supporting the weight to be lowered and shall be 
checked for defects before use.
    (2) Clear the area of employees. Before anyone lowers tools or 
material into the opening for a manhole or vault, each employee working 
in the manhole or vault shall be clear of the area directly under the 
opening.
    (d) Attendants for manholes and vaults--(1) When required. While 
work is being performed in a manhole or vault containing energized 
electric equipment, an employee with first-aid training shall be 
available on the surface in the immediate vicinity of the manhole or 
vault entrance to render emergency assistance.
    (2) Brief entries allowed. Occasionally, the employee on the surface 
may briefly enter a manhole or vault to provide nonemergency assistance.

    Note 1 to paragraph (d)(2): Paragraph (h) of 1926.953 may also 
require an attendant and does not permit this attendant to enter the 
manhole or vault.
    Note 2 to paragraph (d)(2): Paragraph (b)(1)(ii) of Sec.  1926.960 
requires employees entering manholes or vaults containing unguarded, 
uninsulated energized lines or parts of electric equipment operating at 
50 volts or more to be qualified.

    (3) Entry without attendant. For the purpose of inspection, 
housekeeping, taking readings, or similar work, an employee working 
alone may enter, for brief periods of time, a manhole or vault where 
energized cables or equipment are in service if the employer can 
demonstrate that the employee will be protected from all electrical 
hazards.
    (4) Communications. The employer shall ensure that employees 
maintain reliable communications, through two-way radios or other 
equivalent means, among all employees involved in the job.
    (e) Duct rods. The employer shall ensure that, if employees use duct 
rods, the employees install the duct rods in the direction presenting 
the least hazard to employees. The employer shall station an employee at 
the far end of the duct line being rodded to ensure that the employees 
maintain the required minimum approach distances.
    (f) Multiple cables. When multiple cables are present in a work 
area, the employer shall identify the cable to be worked by electrical 
means, unless its identity is obvious by reason of distinctive 
appearance or location or by other readily apparent means of 
identification. The employer shall protect cables other than the one 
being worked from damage.
    (g) Moving cables. Except when paragraph (h)(2) of this section 
permits employees to perform work that could cause a fault in an 
energized cable in a manhole or vault, the employer shall ensure that 
employees inspect energized cables to be moved for abnormalities.
    (h) Protection against faults--(1) Cables with abnormalities. Where 
a cable in a manhole or vault has one or more abnormalities that could 
lead to a fault or be an indication of an impending fault, the employer 
shall deenergize the cable with the abnormality before any employee may 
work in the manhole or vault, except when service-load conditions and a 
lack of feasible alternatives require that the cable remain energized. 
In that case, employees may enter the manhole or vault provided the 
employer protects them from the possible effects of a failure using 
shields or other devices that are capable of containing the adverse 
effects of a fault. The employer shall treat the following abnormalities 
as indications of impending faults unless the employer can demonstrate 
that the conditions could not lead to a fault: Oil or compound leaking 
from cable or joints, broken cable sheaths or joint sleeves, hot 
localized surface temperatures of cables or joints, or joints swollen 
beyond normal tolerance.
    (2) Work-related faults. If the work employees will perform in a 
manhole or vault could cause a fault in a cable, the employer shall 
deenergize that cable before any employee works in the

[[Page 483]]

manhole or vault, except when service-load conditions and a lack of 
feasible alternatives require that the cable remain energized. In that 
case, employees may enter the manhole or vault provided the employer 
protects them from the possible effects of a failure using shields or 
other devices that are capable of containing the adverse effects of a 
fault.
    (i) Sheath continuity. When employees perform work on buried cable 
or on cable in a manhole or vault, the employer shall maintain metallic-
sheath continuity, or the cable sheath shall be treated as energized.



Sec.  1926.966  Substations.

    (a) Application. This section provides additional requirements for 
substations and for work performed in them.
    (b) Access and working space. The employer shall provide and 
maintain sufficient access and working space about electric equipment to 
permit ready and safe operation and maintenance of such equipment by 
employees.

    Note to paragraph (b): American National Standard National 
Electrical Safety Code, ANSI/IEEE C2-2012 contains guidelines for the 
dimensions of access and working space about electric equipment in 
substations. Installations meeting the ANSI provisions comply with 
paragraph (b) of this section. The Occupational Safety and Health 
Administration will determine whether an installation that does not 
conform to this ANSI standard complies with paragraph (b) of this 
section based on the following criteria:
    (1) Whether the installation conforms to the edition of ANSI C2 that 
was in effect when the installation was made;
    (2) Whether the configuration of the installation enables employees 
to maintain the minimum approach distances, established by the employer 
under Sec.  1926.960(c)(1)(i), while the employees are working on 
exposed, energized parts; and
    (3) Whether the precautions taken when employees perform work on the 
installation provide protection equivalent to the protection provided by 
access and working space meeting ANSI/IEEE C2-2012.

    (c) Draw-out-type circuit breakers. The employer shall ensure that, 
when employees remove or insert draw-out-type circuit breakers, the 
breaker is in the open position. The employer shall also render the 
control circuit inoperable if the design of the equipment permits.
    (d) Substation fences. Conductive fences around substations shall be 
grounded. When a substation fence is expanded or a section is removed, 
fence sections shall be isolated, grounded, or bonded as necessary to 
protect employees from hazardous differences in electric potential.

    Note to paragraph (d): IEEE Std 80-2000, IEEE Guide for Safety in AC 
Substation Grounding, contains guidelines for protection against 
hazardous differences in electric potential.

    (e) Guarding of rooms and other spaces containing electric supply 
equipment--(1) When to guard rooms and other spaces. Rooms and other 
spaces in which electric supply lines or equipment are installed shall 
meet the requirements of paragraphs (e)(2) through (e)(5) of this 
section under the following conditions:
    (i) If exposed live parts operating at 50 to 150 volts to ground are 
within 2.4 meters (8 feet) of the ground or other working surface inside 
the room or other space,
    (ii) If live parts operating at 151 to 600 volts to ground and 
located within 2.4 meters (8 feet) of the ground or other working 
surface inside the room or other space are guarded only by location, as 
permitted under paragraph (f)(1) of this section, or
    (iii) If live parts operating at more than 600 volts to ground are 
within the room or other space, unless:
    (A) The live parts are enclosed within grounded, metal-enclosed 
equipment whose only openings are designed so that foreign objects 
inserted in these openings will be deflected from energized parts, or
    (B) The live parts are installed at a height, above ground and any 
other working surface, that provides protection at the voltage on the 
live parts corresponding to the protection provided by a 2.4-meter (8-
foot) height at 50 volts.
    (2) Prevent access by unqualified persons. Fences, screens, 
partitions, or walls shall enclose the rooms and other spaces so as to 
minimize the possibility that unqualified persons will enter.
    (3) Restricted entry. Unqualified persons may not enter the rooms or 
other

[[Page 484]]

spaces while the electric supply lines or equipment are energized.
    (4) Warning signs. The employer shall display signs at entrances to 
the rooms and other spaces warning unqualified persons to keep out.
    (5) Entrances to rooms and other. The employer shall keep each 
entrance to a room or other space locked, unless the entrance is under 
the observation of a person who is attending the room or other space for 
the purpose of preventing unqualified employees from entering.
    (f) Guarding of energized parts--(1) Type of guarding. The employer 
shall provide guards around all live parts operating at more than 150 
volts to ground without an insulating covering unless the location of 
the live parts gives sufficient clearance (horizontal, vertical, or 
both) to minimize the possibility of accidental employee contact.

    Note to paragraph (f)(1): American National Standard National 
Electrical Safety Code, ANSI/IEEE C2-2002 contains guidelines for the 
dimensions of clearance distances about electric equipment in 
substations. Installations meeting the ANSI provisions comply with 
paragraph (f)(1) of this section. The Occupational Safety and Health 
Administration will determine whether an installation that does not 
conform to this ANSI standard complies with paragraph (f)(1) of this 
section based on the following criteria:
    (1) Whether the installation conforms to the edition of ANSI C2 that 
was in effect when the installation was made;
    (2) Whether each employee is isolated from energized parts at the 
point of closest approach; and
    (3) Whether the precautions taken when employees perform work on the 
installation provide protection equivalent to the protection provided by 
horizontal and vertical clearances meeting ANSI/IEEE C2-2002.

    (2) Maintaining guards during operation. Except for fuse replacement 
and other necessary access by qualified persons, the employer shall 
maintain guarding of energized parts within a compartment during 
operation and maintenance functions to prevent accidental contact with 
energized parts and to prevent dropped tools or other equipment from 
contacting energized parts.
    (3) Temporary removal of guards. Before guards are removed from 
energized equipment, the employer shall install barriers around the work 
area to prevent employees who are not working on the equipment, but who 
are in the area, from contacting the exposed live parts.
    (g) Substation entry--(1) Report upon entering. Upon entering an 
attended substation, each employee, other than employees regularly 
working in the station, shall report his or her presence to the employee 
in charge of substation activities to receive information on special 
system conditions affecting employee safety.
    (2) Job briefing. The job briefing required by Sec.  1926.952 shall 
cover information on special system conditions affecting employee 
safety, including the location of energized equipment in or adjacent to 
the work area and the limits of any deenergized work area.



Sec.  1926.967  Special conditions.

    (a) Capacitors. The following additional requirements apply to work 
on capacitors and on lines connected to capacitors.

    Note to paragraph (a): See Sec. Sec.  1926.961 and 1926.962 for 
requirements pertaining to the deenergizing and grounding of capacitor 
installations.

    (1) Disconnect from energized source. Before employees work on 
capacitors, the employer shall disconnect the capacitors from energized 
sources and short circuit the capacitors. The employer shall ensure that 
the employee short circuiting the capacitors waits at least 5 minutes 
from the time of disconnection before applying the short circuit,
    (2) Short circuiting units. Before employees handle the units, the 
employer shall short circuit each unit in series-parallel capacitor 
banks between all terminals and the capacitor case or its rack. If the 
cases of capacitors are on ungrounded substation racks, the employer 
shall bond the racks to ground.
    (3) Short circuiting connected lines. The employer shall short 
circuit any line connected to capacitors before the line is treated as 
deenergized.
    (b) Current transformer secondaries. The employer shall ensure that 
employees do not open the secondary of a current transformer while the 
transformer is energized. If the employer cannot deenergize the primary 
of the

[[Page 485]]

current transformer before employees perform work on an instrument, a 
relay, or other section of a current transformer secondary circuit, the 
employer shall bridge the circuit so that the current transformer 
secondary does not experience an open-circuit condition.
    (c) Series streetlighting--(1) Applicable requirements. If the open-
circuit voltage exceeds 600 volts, the employer shall ensure that 
employees work on series streetlighting circuits in accordance with 
Sec.  1926.964 or Sec.  1926.965, as appropriate.
    (2) Opening a series loop. Before any employee opens a series loop, 
the employer shall deenergize the streetlighting transformer and isolate 
it from the source of supply or shall bridge the loop to avoid an open-
circuit condition.
    (d) Illumination. The employer shall provide sufficient illumination 
to enable the employee to perform the work safely.

    Note to paragraph (d): See Sec.  1926.56, which requires specific 
levels of illumination.

    (e) Protection against drowning--(1) Personal flotation devices. 
Whenever an employee may be pulled or pushed, or might fall, into water 
where the danger of drowning exists, the employer shall provide the 
employee with, and shall ensure that the employee uses, a personal 
flotation device meeting Sec.  1926.106.
    (2) Maintaining flotation devices in safe condition. The employer 
shall maintain each personal flotation device in safe condition and 
shall inspect each personal flotation device frequently enough to ensure 
that it does not have rot, mildew, water saturation, or any other 
condition that could render the device unsuitable for use.
    (3) Crossing bodies of water. An employee may cross streams or other 
bodies of water only if a safe means of passage, such as a bridge, is 
available.
    (f) Excavations. Excavation operations shall comply with subpart P 
of this part.
    (g) Employee protection in public work areas--(1) Traffic control 
devices. Traffic-control signs and traffic-control devices used for the 
protection of employees shall meet Sec.  1926.200(g)(2).
    (2) Controlling traffic. Before employees begin work in the vicinity 
of vehicular or pedestrian traffic that may endanger them, the employer 
shall place warning signs or flags and other traffic-control devices in 
conspicuous locations to alert and channel approaching traffic.
    (3) Barricades. The employer shall use barricades where additional 
employee protection is necessary.
    (4) Excavated areas. The employer shall protect excavated areas with 
barricades.
    (5) Warning lights. The employer shall display warning lights 
prominently at night.
    (h) Backfeed. When there is a possibility of voltage backfeed from 
sources of cogeneration or from the secondary system (for example, 
backfeed from more than one energized phase feeding a common load), the 
requirements of Sec.  1926.960 apply if employees will work the lines or 
equipment as energized, and the requirements of Sec. Sec.  1926.961 and 
1926.962 apply if employees will work the lines or equipment as 
deenergized.
    (i) Lasers. The employer shall install, adjust, and operate laser 
equipment in accordance with Sec.  1926.54.
    (j) Hydraulic fluids. Hydraulic fluids used for the insulated 
sections of equipment shall provide insulation for the voltage involved.
    (k) Communication facilities--(1) Microwave transmission. (i) The 
employer shall ensure that no employee looks into an open waveguide or 
antenna connected to an energized microwave source.
    (ii) If the electromagnetic-radiation level within an accessible 
area associated with microwave communications systems exceeds the 
radiation-protection guide specified by Sec.  1910.97(a)(2) of this 
chapter, the employer shall post the area with warning signs containing 
the warning symbol described in Sec.  1910.97(a)(3) of this chapter. The 
lower half of the warning symbol shall include the following statements, 
or ones that the employer can demonstrate are equivalent: ``Radiation in 
this area may exceed hazard limitations and special precautions are 
required. Obtain specific instruction before entering.''

[[Page 486]]

    (iii) When an employee works in an area where the electromagnetic 
radiation could exceed the radiation-protection guide, the employer 
shall institute measures that ensure that the employee's exposure is not 
greater than that permitted by that guide. Such measures may include 
administrative and engineering controls and personal protective 
equipment.
    (2) Power-line carrier. The employer shall ensure that employees 
perform power-line carrier work, including work on equipment used for 
coupling carrier current to power line conductors, in accordance with 
the requirements of this subpart pertaining to work on energized lines.



Sec.  1926.968  Definitions.

    Attendant. An employee assigned to remain immediately outside the 
entrance to an enclosed or other space to render assistance as needed to 
employees inside the space.
    Automatic circuit recloser. A self-controlled device for 
automatically interrupting and reclosing an alternating-current circuit, 
with a predetermined sequence of opening and reclosing followed by 
resetting, hold closed, or lockout.
    Barricade. A physical obstruction such as tapes, cones, or A-frame 
type wood or metal structures that provides a warning about, and limits 
access to, a hazardous area.
    Barrier. A physical obstruction that prevents contact with energized 
lines or equipment or prevents unauthorized access to a work area.
    Bond. The electrical interconnection of conductive parts designed to 
maintain a common electric potential.
    Bus. A conductor or a group of conductors that serve as a common 
connection for two or more circuits.
    Bushing. An insulating structure that includes a through conductor 
or that provides a passageway for such a conductor, and that, when 
mounted on a barrier, insulates the conductor from the barrier for the 
purpose of conducting current from one side of the barrier to the other.
    Cable. A conductor with insulation, or a stranded conductor with or 
without insulation and other coverings (single-conductor cable), or a 
combination of conductors insulated from one another (multiple-conductor 
cable).
    Cable sheath. A conductive protective covering applied to cables.

    Note to the definition of ``cable sheath'': A cable sheath may 
consist of multiple layers one or more of which is conductive.

    Circuit. A conductor or system of conductors through which an 
electric current is intended to flow.
    Clearance (between objects). The clear distance between two objects 
measured surface to surface.
    Clearance (for work). Authorization to perform specified work or 
permission to enter a restricted area.
    Communication lines. (See Lines; (1) Communication lines.)
    Conductor. A material, usually in the form of a wire, cable, or bus 
bar, used for carrying an electric current.
    Contract employer. An employer, other than a host employer, that 
performs work covered by subpart V of this part under contract.
    Covered conductor. A conductor covered with a dielectric having no 
rated insulating strength or having a rated insulating strength less 
than the voltage of the circuit in which the conductor is used.
    Current-carrying part. A conducting part intended to be connected in 
an electric circuit to a source of voltage. Non-current-carrying parts 
are those not intended to be so connected.
    Deenergized. Free from any electrical connection to a source of 
potential difference and from electric charge; not having a potential 
that is different from the potential of the earth.

    Note to the definition of ``deenergized'': The term applies only to 
current-carrying parts, which are sometimes energized (alive).

    Designated employee (designated person). An employee (or person) who 
is assigned by the employer to perform specific duties under the terms 
of this subpart and who has sufficient knowledge of the construction and 
operation of the equipment, and the hazards involved, to perform his or 
her duties safely.
    Electric line truck. A truck used to transport personnel, tools, and 
material for electric supply line work.

[[Page 487]]

    Electric supply equipment. Equipment that produces, modifies, 
regulates, controls, or safeguards a supply of electric energy.
    Electric supply lines. (See ``Lines; (2) Electric supply lines.'')
    Electric utility. An organization responsible for the installation, 
operation, or maintenance of an electric supply system.
    Enclosed space. A working space, such as a manhole, vault, tunnel, 
or shaft, that has a limited means of egress or entry, that is designed 
for periodic employee entry under normal operating conditions, and that, 
under normal conditions, does not contain a hazardous atmosphere, but 
may contain a hazardous atmosphere under abnormal conditions.

    Note to the definition of ``Enclosed space''. The Occupational 
Safety and Health Administration does not consider spaces that are 
enclosed but not designed for employee entry under normal operating 
conditions to be enclosed spaces for the purposes of this subpart. 
Similarly, the Occupational Safety and Health Administration does not 
consider spaces that are enclosed and that are expected to contain a 
hazardous atmosphere to be enclosed spaces for the purposes of this 
subpart. Such spaces meet the definition of permit spaces in subpart AA 
of this part, and entry into them must conform to that standard.

    Energized (alive, live). Electrically connected to a source of 
potential difference, or electrically charged so as to have a potential 
significantly different from that of earth in the vicinity.
    Energy source. Any electrical, mechanical, hydraulic, pneumatic, 
chemical, nuclear, thermal, or other energy source that could cause 
injury to employees.
    Entry (as used in Sec.  1926.953). The action by which a person 
passes through an opening into an enclosed space. Entry includes ensuing 
work activities in that space and is considered to have occurred as soon 
as any part of the entrant's body breaks the plane of an opening into 
the space.
    Equipment (electric). A general term including material, fittings, 
devices, appliances, fixtures, apparatus, and the like used as part of 
or in connection with an electrical installation.
    Exposed, Exposed to contact (as applied to energized parts). Not 
isolated or guarded.
    Fall restraint system. A fall protection system that prevents the 
user from falling any distance.
    First-aid training. Training in the initial care, including 
cardiopulmonary resuscitation (which includes chest compressions, rescue 
breathing, and, as appropriate, other heart and lung resuscitation 
techniques), performed by a person who is not a medical practitioner, of 
a sick or injured person until definitive medical treatment can be 
administered.
    Ground. A conducting connection, whether planned or unplanned, 
between an electric circuit or equipment and the earth, or to some 
conducting body that serves in place of the earth.
    Grounded. Connected to earth or to some conducting body that serves 
in place of the earth.
    Guarded. Covered, fenced, enclosed, or otherwise protected, by means 
of suitable covers or casings, barrier rails or screens, mats, or 
platforms, designed to minimize the possibility, under normal 
conditions, of dangerous approach or inadvertent contact by persons or 
objects.

    Note to the definition of ``guarded'': Wires that are insulated, but 
not otherwise protected, are not guarded.

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

    Note to the definition of ``hazardous atmosphere'' (2): This 
concentration may be approximated as a condition in which the dust 
obscures vision at a distance of 1.52 meters (5 feet) or less.

    (3) Atmospheric oxygen concentration below 19.5 percent or above 
23.5 percent;

[[Page 488]]

    (4) Atmospheric concentration of any substance for which a dose or a 
permissible exposure limit is published in Subpart D, Occupational 
Health and Environmental Controls, or in Subpart Z, Toxic and Hazardous 
Substances, of this part and which could result in employee exposure in 
excess of its dose or permissible exposure limit;

    Note to the definition of ``hazardous atmosphere'' (4): An 
atmospheric concentration of any substance that is not capable of 
causing death, incapacitation, impairment of ability to self-rescue, 
injury, or acute illness due to its health effects is not covered by 
this provision.

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

    Note to the Definition of ``Hazardous Atmosphere'' (5): For air 
contaminants for which the Occupational Safety and Health Administration 
has not determined a dose or permissible exposure limit, other sources 
of information, such as Safety Data Sheets (SDS) that comply with the 
Hazard Communication Standard, Sec.  1910.1200, published information, 
and internal documents can provide guidance in establishing acceptable 
atmospheric conditions.

    High-power tests. Tests in which the employer uses fault currents, 
load currents, magnetizing currents, and line-dropping currents to test 
equipment, either at the equipment's rated voltage or at lower voltages.
    High-voltage tests. Tests in which the employer uses voltages of 
approximately 1,000 volts as a practical minimum and in which the 
voltage source has sufficient energy to cause injury.
    High wind. A wind of such velocity that one or more of the following 
hazards would be present:
    (1) The wind could blow an employee from an elevated location,
    (2) The wind could cause an employee or equipment handling material 
to lose control of the material, or
    (3) The wind would expose an employee to other hazards not 
controlled by the standard involved.

    Note to the definition of ``high wind'': The Occupational Safety and 
Health Administration normally considers winds exceeding 64.4 kilometers 
per hour (40 miles per hour), or 48.3 kilometers per hour (30 miles per 
hour) if the work involves material handling, as meeting this criteria, 
unless the employer takes precautions to protect employees from the 
hazardous effects of the wind.

    Host employer. An employer that operates, or that controls the 
operating procedures for, an electric power generation, transmission, or 
distribution installation on which a contract employer is performing 
work covered by subpart V of this part.

    Note to the definition of ``host employer'': The Occupational Safety 
and Health Administration will treat the electric utility or the owner 
of the installation as the host employer if it operates or controls 
operating procedures for the installation. If the electric utility or 
installation owner neither operates nor controls operating procedures 
for the installation, the Occupational Safety and Health Administration 
will treat the employer that the utility or owner has contracted with to 
operate or control the operating procedures for the installation as the 
host employer. In no case will there be more than one host employer.

    Immediately dangerous to life or health (IDLH). Any condition that 
poses an immediate or delayed threat to life or that would cause 
irreversible adverse health effects or that would interfere with an 
individual's ability to escape unaided from a permit space.

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

    Insulated. Separated from other conducting surfaces by a dielectric 
(including air space) offering a high resistance to the passage of 
current.

    Note to the definition of ``insulated'': When any object is said to 
be insulated, it is understood to be insulated for the conditions to 
which it normally is subjected. Otherwise, it is, for the purpose of 
this subpart, uninsulated.

    Insulation (cable). Material relied upon to insulate the conductor 
from other conductors or conducting parts or from ground.
    Isolated. Not readily accessible to persons unless special means for 
access are used.

[[Page 489]]

    Line-clearance tree trimming. The pruning, trimming, repairing, 
maintaining, removing, or clearing of trees, or the cutting of brush, 
that is within the following distance of electric supply lines and 
equipment:
    (1) For voltages to ground of 50 kilovolts or less--3.05 meters (10 
feet);
    (2) For voltages to ground of more than 50 kilovolts--3.05 meters 
(10 feet) plus 0.10 meters (4 inches) for every 10 kilovolts over 50 
kilovolts.
    Lines--(1) Communication lines. The conductors and their supporting 
or containing structures which are used for public or private signal or 
communication service, and which operate at potentials not exceeding 400 
volts to ground or 750 volts between any two points of the circuit, and 
the transmitted power of which does not exceed 150 watts. If the lines 
are operating at less than 150 volts, no limit is placed on the 
transmitted power of the system. Under certain conditions, communication 
cables may include communication circuits exceeding these limitations 
where such circuits are also used to supply power solely to 
communication equipment.

    Note to the definition of ``communication lines'': Telephone, 
telegraph, railroad signal, data, clock, fire, police alarm, cable 
television, and other systems conforming to this definition are 
included. Lines used for signaling purposes, but not included under this 
definition, are considered as electric supply lines of the same voltage.

    (2) Electric supply lines. Conductors used to transmit electric 
energy and their necessary supporting or containing structures. Signal 
lines of more than 400 volts are always supply lines within this 
subpart, and those of less than 400 volts are considered as supply 
lines, if so run and operated throughout.
    Manhole. A subsurface enclosure that personnel may enter and that is 
used for installing, operating, and maintaining submersible equipment or 
cable.
    Minimum approach distance. The closest distance an employee may 
approach an energized or a grounded object.

    Note to the definition of ``minimum approach distance'': Paragraph 
(c)(1)(i) of Sec.  1926.960 requires employers to establish minimum 
approach distances.

    Personal fall arrest system. A system used to arrest an employee in 
a fall from a working level.
    Qualified employee (qualified person). An employee (person) 
knowledgeable in the construction and operation of the electric power 
generation, transmission, and distribution equipment involved, along 
with the associated hazards.

    Note 1 to the definition of ``qualified employee (qualified 
person)'': An employee must have the training required by Sec.  
1926.950(b)(2) to be a qualified employee.

    Note 2 to the definition of ``qualified employee (qualified 
person)'': Except under Sec.  1926.954(b)(3)(iii), an employee who is 
undergoing on-the-job training and who has demonstrated, in the course 
of such training, an ability to perform duties safely at his or her 
level of training and who is under the direct supervision of a qualified 
person is a qualified person for the performance of those duties.

    Statistical sparkover voltage. A transient overvoltage level that 
produces a 97.72-percent probability of sparkover (that is, two standard 
deviations above the voltage at which there is a 50-percent probability 
of sparkover).
    Statistical withstand voltage. A transient overvoltage level that 
produces a 0.14-percent probability of sparkover (that is, three 
standard deviations below the voltage at which there is a 50-percent 
probability of sparkover).
    Switch. A device for opening and closing or for changing the 
connection of a circuit. In this subpart, a switch is manually operable, 
unless otherwise stated.
    System operator. A qualified person designated to operate the system 
or its parts.
    Vault. An enclosure, above or below ground, that personnel may enter 
and that is used for installing, operating, or maintaining equipment or 
cable.
    Vented vault. A vault that has provision for air changes using 
exhaust-flue stacks and low-level air intakes operating on pressure and 
temperature differentials that provide for airflow that precludes a 
hazardous atmosphere from developing.
    Voltage. The effective (root mean square, or rms) potential 
difference between any two conductors or between a

[[Page 490]]

conductor and ground. This subpart expresses voltages in nominal values, 
unless otherwise indicated. The nominal voltage of a system or circuit 
is the value assigned to a system or circuit of a given voltage class 
for the purpose of convenient designation. The operating voltage of the 
system may vary above or below this value.
    Work-positioning equipment. A body belt or body harness system 
rigged to allow an employee to be supported on an elevated vertical 
surface, such as a utility pole or tower leg, and work with both hands 
free while leaning.

[79 FR 20696, Apr. 11, 2014, as amended at 79 FR 56962, Sept. 24, 2014; 
80 FR 25518, May 4, 2015; 85 FR 8745, Feb. 18, 2020]



          Sec. Appendix A to Subpart V of Part 1926 [Reserved]



Sec. Appendix B to Subpart V of Part 1926--Working on Exposed Energized 
                                  Parts

                             I. Introduction

    Electric utilities design electric power generation, transmission, 
and distribution installations to meet National Electrical Safety Code 
(NESC), ANSI C2, requirements. Electric utilities also design 
transmission and distribution lines to limit line outages as required by 
system reliability criteria \1\ and to withstand the maximum 
overvoltages impressed on the system. Conditions such as switching 
surges, faults, and lightning can cause overvoltages. Electric utilities 
generally select insulator design and lengths and the clearances to 
structural parts so as to prevent outages from contaminated line 
insulation and during storms. Line insulator lengths and structural 
clearances have, over the years, come closer to the minimum approach 
distances used by workers. As minimum approach distances and structural 
clearances converge, it is increasingly important that system designers 
and system operating and maintenance personnel understand the concepts 
underlying minimum approach distances.
---------------------------------------------------------------------------

    \1\ Federal, State, and local regulatory bodies and electric 
utilities set reliability requirements that limit the number and 
duration of system outages.
---------------------------------------------------------------------------

    The information in this appendix will assist employers in complying 
with the minimum approach-distance requirements contained in Sec. Sec.  
1926.960(c)(1) and 1926.964(c). Employers must use the technical 
criteria and methodology presented in this appendix in establishing 
minimum approach distances in accordance with Sec.  1926.960(c)(1)(i) 
and Table V-2 and Table V-7. This appendix provides essential background 
information and technical criteria for the calculation of the required 
minimum approach distances for live-line work on electric power 
generation, transmission, and distribution installations.
    Unless an employer is using the maximum transient overvoltages 
specified in Table V-8 for voltages over 72.5 kilovolts, the employer 
must use persons knowledgeable in the techniques discussed in this 
appendix, and competent in the field of electric transmission and 
distribution system design, to determine the maximum transient 
overvoltage.

                               II. General

    A. Definitions. The following definitions from Sec.  1926.968 relate 
to work on or near electric power generation, transmission, and 
distribution lines and equipment and the electrical hazards they 
present.
    Exposed. . . . Not isolated or guarded.
    Guarded. Covered, fenced, enclosed, or otherwise protected, by means 
of suitable covers or casings, barrier rails or screens, mats, or 
platforms, designed to minimize the possibility, under normal 
conditions, of dangerous approach or inadvertent contact by persons or 
objects.

    Note to the definition of ``guarded'': Wires that are insulated, but 
not otherwise protected, are not guarded.

    Insulated. Separated from other conducting surfaces by a dielectric 
(including air space) offering a high resistance to the passage of 
current.

    Note to the definition of ``insulated'': When any object is said to 
be insulated, it is understood to be insulated for the conditions to 
which it normally is subjected. Otherwise, it is, for the purpose of 
this subpart, uninsulated.

    Isolated. Not readily accessible to persons unless special means for 
access are used.
    Statistical sparkover voltage. A transient overvoltage level that 
produces a 97.72-percent probability of sparkover (that is, two standard 
deviations above the voltage at which there is a 50-percent probability 
of sparkover).
    Statistical withstand voltage. A transient overvoltage level that 
produces a 0.14-percent probability of sparkover (that is, three 
standard deviations below the voltage at which there is a 50-percent 
probability of sparkover).
    B. Installations energized at 50 to 300 volts. The hazards posed by 
installations energized at 50 to 300 volts are the same as those found 
in many other workplaces. That is not to say that there is no hazard, 
but the complexity of electrical protection required does not compare to 
that required for high-voltage

[[Page 491]]

systems. The employee must avoid contact with the exposed parts, and the 
protective equipment used (such as rubber insulating gloves) must 
provide insulation for the voltages involved.
    C. Exposed energized parts over 300 volts AC. Paragraph (c)(1)(i) of 
Sec.  1926.960 requires the employer to establish minimum approach 
distances no less than the distances computed by Table V-2 for ac 
systems so that employees can work safely without risk of sparkover.\2\
---------------------------------------------------------------------------

    \2\ Sparkover is a disruptive electric discharge in which an 
electric arc forms and electric current passes through air.
---------------------------------------------------------------------------

    Unless the employee is using electrical protective equipment, air is 
the insulating medium between the employee and energized parts. The 
distance between the employee and an energized part must be sufficient 
for the air to withstand the maximum transient overvoltage that can 
reach the worksite under the working conditions and practices the 
employee is using. This distance is the minimum air insulation distance, 
and it is equal to the electrical component of the minimum approach 
distance.
    Normal system design may provide or include a means (such as 
lightning arrestors) to control maximum anticipated transient 
overvoltages, or the employer may use temporary devices (portable 
protective gaps) or measures (such as preventing automatic circuit 
breaker reclosing) to achieve the same result. Paragraph (c)(1)(ii) of 
Sec.  1926.960 requires the employer to determine the maximum 
anticipated per-unit transient overvoltage, phase-to-ground, through an 
engineering analysis or assume a maximum anticipated per-unit transient 
overvoltage, phase-to-ground, in accordance with Table V-8, which 
specifies the following maximums for ac systems:

72.6 to 420.0 kilovolts..................  3.5 per unit.
420.1 to 550.0 kilovolts.................  3.0 per unit.
550.1 to 800.0 kilovolts.................  2.5 per unit.
 

    See paragraph IV.A.2, later in this appendix, for additional 
discussion of maximum transient overvoltages.
    D. Types of exposures. Employees working on or near energized 
electric power generation, transmission, and distribution systems face 
two kinds of exposures: Phase-to-ground and phase-to-phase. The exposure 
is phase-to-ground: (1) With respect to an energized part, when the 
employee is at ground potential or (2) with respect to ground, when an 
employee is at the potential of the energized part during live-line 
barehand work. The exposure is phase-to-phase, with respect to an 
energized part, when an employee is at the potential of another 
energized part (at a different potential) during live-line barehand 
work.

III. Determination of Minimum Approach Distances for AC Voltages Greater 
                             Than 300 Volts

    A. Voltages of 301 to 5,000 volts. Test data generally forms the 
basis of minimum air insulation distances. The lowest voltage for which 
sufficient test data exists is 5,000 volts, and these data indicate that 
the minimum air insulation distance at that voltage is 20 millimeters (1 
inch). Because the minimum air insulation distance increases with 
increasing voltage, and, conversely, decreases with decreasing voltage, 
an assumed minimum air insulation distance of 20 millimeters will 
protect against sparkover at voltages of 301 to 5,000 volts. Thus, 20 
millimeters is the electrical component of the minimum approach distance 
for these voltages.
    B. Voltages of 5.1 to 72.5 kilovolts. For voltages from 5.1 to 72.5 
kilovolts, the Occupational Safety and Health Administration bases the 
methodology for calculating the electrical component of the minimum 
approach distance on Institute of Electrical and Electronic Engineers 
(IEEE) Standard 4-1995, Standard Techniques for High-Voltage Testing. 
Table 1 lists the critical sparkover distances from that standard as 
listed in IEEE Std 516-2009, IEEE Guide for Maintenance Methods on 
Energized Power Lines.

             Table 1--Sparkover Distance for Rod-to-Rod Gap
------------------------------------------------------------------------
   60 Hz rod-to-rod sparkover (kV      Gap spacing from IEEE Std 4-1995
               peak)                                 (cm)
------------------------------------------------------------------------
                        25                                    2
                        36                                    3
                        46                                    4
                        53                                    5
                        60                                    6
                        70                                    8
                        79                                   10
                        86                                   12
                        95                                   14
                       104                                   16
                       112                                   18
                       120                                   20
                       143                                   25
                       167                                   30
                       192                                   35
                       218                                   40
                       243                                   45
                       270                                   50
                       322                                   60
------------------------------------------------------------------------
Source: IEEE Std 516-2009.

    To use this table to determine the electrical component of the 
minimum approach distance, the employer must determine the peak phase-
to-ground transient overvoltage and select a gap from the table that 
corresponds to that voltage as a withstand voltage rather than a 
critical sparkover voltage. To calculate the electrical component of the

[[Page 492]]

minimum approach distance for voltages between 5 and 72.5 kilovolts, use 
the following procedure:
    1. Divide the phase-to-phase voltage by the square root of 3 to 
convert it to a phase-to-ground voltage.
    2. Multiply the phase-to-ground voltage by the square root of 2 to 
convert the rms value of the voltage to the peak phase-to-ground 
voltage.
    3. Multiply the peak phase-to-ground voltage by the maximum per-unit 
transient overvoltage, which, for this voltage range, is 3.0, as 
discussed later in this appendix. This is the maximum phase-to-ground 
transient overvoltage, which corresponds to the withstand voltage for 
the relevant exposure.\3\
---------------------------------------------------------------------------

    \3\ The withstand voltage is the voltage at which sparkover is not 
likely to occur across a specified distance. It is the voltage taken at 
the 3[sigma] point below the sparkover voltage, assuming that the 
sparkover curve follows a normal distribution.
---------------------------------------------------------------------------

    4. Divide the maximum phase-to-ground transient overvoltage by 0.85 
to determine the corresponding critical sparkover voltage. (The critical 
sparkover voltage is 3 standard deviations (or 15 percent) greater than 
the withstand voltage.)
    5. Determine the electrical component of the minimum approach 
distance from Table 1 through interpolation.
    Table 2 illustrates how to derive the electrical component of the 
minimum approach distance for voltages from 5.1 to 72.5 kilovolts, 
before the application of any altitude correction factor, as explained 
later.

                     Table 2--Calculating the Electrical Component of MAD--751 V to 72.5 kV
----------------------------------------------------------------------------------------------------------------
                                                            Maximum system phase-to-phase voltage (kV)
                      Step                       ---------------------------------------------------------------
                                                        15              36              46             72.5
----------------------------------------------------------------------------------------------------------------
1. Divide by [radic]3...........................             8.7            20.8            26.6            41.9
2. Multiply by [radic]2.........................            12.2            29.4            37.6            59.2
3. Multiply by 3.0..............................            36.7            88.2           112.7           177.6
4. Divide by 0.85...............................            43.2           103.7           132.6           208.9
5. Interpolate from Table 1.....................  3 + (7.2/10) 1  14 + (8.7/9)*2     20 + (12.6/     35 + (16.9/
                                                                                           23)*5           26)*5
Electrical component of MAD (cm)................            3.72           15.93           22.74           38.25
----------------------------------------------------------------------------------------------------------------

    C. Voltages of 72.6 to 800 kilovolts. For voltages of 72.6 kilovolts 
to 800 kilovolts, this subpart bases the electrical component of minimum 
approach distances, before the application of any altitude correction 
factor, on the following formula:

              Equation 1--For voltages of 72.6 kV to 800 kV

D = 0.3048(C + a)VL-GT

Where:

D = Electrical component of the minimum approach distance in air in 
          meters;
C = a correction factor associated with the variation of gap sparkover 
          with voltage;
    a = A factor relating to the saturation of air at system voltages of 
345 kilovolts or higher; \4\
---------------------------------------------------------------------------

    \4\ Test data demonstrates that the saturation factor is greater 
than 0 at peak voltages of about 630 kilovolts. Systems operating at 345 
kilovolts (or maximum system voltages of 362 kilovolts) can have peak 
maximum transient overvoltages exceeding 630 kilovolts. Table V-2 sets 
equations for calculating a based on peak voltage.
---------------------------------------------------------------------------

    VL-G = Maximum system line-to-ground rms voltage in kilovolts--it 
should be the ``actual'' maximum, or the normal highest voltage for the 
range (for example, 10 percent above the nominal voltage); and
T = Maximum transient overvoltage factor in per unit.

    In Equation 1, C is 0.01: (1) For phase-to-ground exposures that the 
employer can demonstrate consist only of air across the approach 
distance (gap) and (2) for phase-to-phase exposures if the employer can 
demonstrate that no insulated tool spans the gap and that no large 
conductive object is in the gap. Otherwise, C is 0.011.
    In Equation 1, the term a varies depending on whether the employee's 
exposure is phase-to-ground or phase-to-phase and on whether objects are 
in the gap. The employer must use the equations in Table 3 to calculate 
a. Sparkover test data with insulation spanning the gap form the basis 
for the equations for phase-to-ground exposures, and sparkover test data 
with only air in the gap form the basis for the equations for phase-to-
phase exposures. The phase-to-ground equations result in slightly higher 
values of a, and, consequently, produce larger minimum approach 
distances, than the phase-to-phase equations for the same value of 
VPeak.

[[Page 493]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.036

    In Equation 1, T is the maximum transient overvoltage factor in per 
unit. As noted earlier, Sec.  1926.960(c)(1)(ii) requires the employer 
to determine the maximum anticipated per-unit transient overvoltage, 
phase-to-ground, through an engineering analysis or assume a maximum 
anticipated per-unit transient overvoltage, phase-to-ground, in 
accordance with Table V-8. For phase-to-ground exposures, the employer 
uses this value, called TL-G, as T in Equation 1. IEEE Std 516-2009 
provides the following formula to calculate the phase-to-phase maximum 
transient overvoltage, TL-L, from TL-G:

TL-L = 1.35TL-G + 0.45.

For phase-to-phase exposures, the employer uses this value as T in 
Equation 1.
    D. Provisions for inadvertent movement. The minimum approach 
distance must include an ``adder'' to compensate for the inadvertent 
movement of the worker relative to an energized part or the movement of 
the part relative to the worker. This ``adder'' must account for this 
possible inadvertent movement and provide the worker with a comfortable 
and safe zone in which to work. Employers must add the distance for 
inadvertent movement (called the ``ergonomic component of the minimum 
approach distance'') to the electrical component to determine the total 
safe minimum approach distances used in live-line work.
    The Occupational Safety and Health Administration based the 
ergonomic component of the minimum approach distance on response time-
distance analysis. This technique uses an estimate of the total response 
time to a hazardous incident and converts that time to the distance 
traveled. For example, the driver of a car takes a given amount of time 
to respond to a ``stimulus'' and stop the vehicle. The elapsed time 
involved results in the car's traveling some distance before coming to a 
complete stop. This distance depends on the speed of the car at the time 
the stimulus appears and the reaction time of the driver.
    In the case of live-line work, the employee must first perceive that 
he or she is approaching the danger zone. Then, the worker responds to 
the danger and must decelerate and stop all motion toward the energized 
part. During the time it takes to stop, the employee will travel some 
distance. This is the distance the employer must add to the electrical 
component of the minimum approach distance to obtain the total safe 
minimum approach distance.

[[Page 494]]

    At voltages from 751 volts to 72.5 kilovolts,\5\ the electrical 
component of the minimum approach distance is smaller than the ergonomic 
component. At 72.5 kilovolts, the electrical component is only a little 
more than 0.3 meters (1 foot). An ergonomic component of the minimum 
approach distance must provide for all the worker's unanticipated 
movements. At these voltages, workers generally use rubber insulating 
gloves; however, these gloves protect only a worker's hands and arms. 
Therefore, the energized object must be at a safe approach distance to 
protect the worker's face. In this case, 0.61 meters (2 feet) is a 
sufficient and practical ergonomic component of the minimum approach 
distance.
---------------------------------------------------------------------------

    \5\ For voltages of 50 to 300 volts, Table V-2 specifies a minimum 
approach distance of ``avoid contact.'' The minimum approach distance 
for this voltage range contains neither an electrical component nor an 
ergonomic component.
---------------------------------------------------------------------------

    For voltages between 72.6 and 800 kilovolts, employees must use 
different work practices during energized line work. Generally, 
employees use live-line tools (hot sticks) to perform work on energized 
equipment. These tools, by design, keep the energized part at a constant 
distance from the employee and, thus, maintain the appropriate minimum 
approach distance automatically.
    The location of the worker and the type of work methods the worker 
is using also influence the length of the ergonomic component of the 
minimum approach distance. In this higher voltage range, the employees 
use work methods that more tightly control their movements than when the 
workers perform work using rubber insulating gloves. The worker, 
therefore, is farther from the energized line or equipment and must be 
more precise in his or her movements just to perform the work. For these 
reasons, this subpart adopts an ergonomic component of the minimum 
approach distance of 0.31 m (1 foot) for voltages between 72.6 and 800 
kilovolts.
    Table 4 summarizes the ergonomic component of the minimum approach 
distance for various voltage ranges.

        Table 4--Ergonomic Component of Minimum Approach Distance
------------------------------------------------------------------------
                                                   Distance
         Voltage range (kV)          -----------------------------------
                                              m                ft
------------------------------------------------------------------------
0.301 to 0.750......................              0.31               1.0
0.751 to 72.5.......................              0.61               2.0
72.6 to 800.........................              0.31               1.0
------------------------------------------------------------------------
Note: The employer must add this distance to the electrical component of
  the minimum approach distance to obtain the full minimum approach
  distance.

    The ergonomic component of the minimum approach distance accounts 
for errors in maintaining the minimum approach distance (which might 
occur, for example, if an employee misjudges the length of a conductive 
object he or she is holding), and for errors in judging the minimum 
approach distance. The ergonomic component also accounts for inadvertent 
movements by the employee, such as slipping. In contrast, the working 
position selected to properly maintain the minimum approach distance 
must account for all of an employee's reasonably likely movements and 
still permit the employee to adhere to the applicable minimum approach 
distance. (See Figure 1.) Reasonably likely movements include an 
employee's adjustments to tools, equipment, and working positions and 
all movements needed to perform the work. For example, the employee 
should be able to perform all of the following actions without straying 
into the minimum approach distance:
     Adjust his or her hardhat,
     maneuver a tool onto an energized part with a 
reasonable amount of overreaching or underreaching,
     reach for and handle tools, material, and 
equipment passed to him or her, and
     adjust tools, and replace components on them, 
when necessary during the work procedure.
    The training of qualified employees required under Sec.  1926.950, 
and the job planning and briefing required under Sec.  1926.952, must 
address selection of a proper working position.

[[Page 495]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.037

    E. Miscellaneous correction factors. Changes in the air medium that 
forms the insulation influences the strength of an air gap. A brief 
discussion of each factor follows.
    1. Dielectric strength of air. The dielectric strength of air in a 
uniform electric field at

[[Page 496]]

standard atmospheric conditions is approximately 3 kilovolts per 
millimeter.\6\ The pressure, temperature, and humidity of the air, the 
shape, dimensions, and separation of the electrodes, and the 
characteristics of the applied voltage (wave shape) affect the 
disruptive gradient.
---------------------------------------------------------------------------

    \6\ For the purposes of estimating arc length, Subpart V generally 
assumes a more conservative dielectric strength of 10 kilovolts per 25.4 
millimeters, consistent with assumptions made in consensus standards 
such as the National Electrical Safety Code (IEEE C2-2012). The more 
conservative value accounts for variables such as electrode shape, wave 
shape, and a certain amount of overvoltage.
---------------------------------------------------------------------------

    2. Atmospheric effect. The empirically determined electrical 
strength of a given gap is normally applicable at standard atmospheric 
conditions (20 [deg]C, 101.3 kilopascals, 11 grams/cubic centimeter 
humidity). An increase in the density (humidity) of the air inhibits 
sparkover for a given air gap. The combination of temperature and air 
pressure that results in the lowest gap sparkover voltage is high 
temperature and low pressure. This combination of conditions is not 
likely to occur. Low air pressure, generally associated with high 
humidity, causes increased electrical strength. An average air pressure 
generally correlates with low humidity. Hot and dry working conditions 
normally result in reduced electrical strength. The equations for 
minimum approach distances in Table V-2 assume standard atmospheric 
conditions.
    3. Altitude. The reduced air pressure at high altitudes causes a 
reduction in the electrical strength of an air gap. An employer must 
increase the minimum approach distance by about 3 percent per 300 meters 
(1,000 feet) of increased altitude for altitudes above 900 meters (3,000 
feet). Table V-4 specifies the altitude correction factor that the 
employer must use in calculating minimum approach distances.

               IV. Determining Minimum Approach Distances

           A. Factors Affecting Voltage Stress at the Worksite

    1. System voltage (nominal). The nominal system voltage range 
determines the voltage for purposes of calculating minimum approach 
distances. The employer selects the range in which the nominal system 
voltage falls, as given in the relevant table, and uses the highest 
value within that range in per-unit calculations.
    2. Transient overvoltages. Operation of switches or circuit 
breakers, a fault on a line or circuit or on an adjacent circuit, and 
similar activities may generate transient overvoltages on an electrical 
system. Each overvoltage has an associated transient voltage wave shape. 
The wave shape arriving at the site and its magnitude vary considerably.
    In developing requirements for minimum approach distances, the 
Occupational Safety and Health Administration considered the most common 
wave shapes and the magnitude of transient overvoltages found on 
electric power generation, transmission, and distribution systems. The 
equations in Table V-2 for minimum approach distances use per-unit 
maximum transient overvoltages, which are relative to the nominal 
maximum voltage of the system. For example, a maximum transient 
overvoltage value of 3.0 per unit indicates that the highest transient 
overvoltage is 3.0 times the nominal maximum system voltage.
    3. Typical magnitude of overvoltages. Table 5 lists the magnitude of 
typical transient overvoltages.

          Table 5--Magnitude of Typical Transient Overvoltages
------------------------------------------------------------------------
                                                               Magnitude
                            Cause                             (per unit)
------------------------------------------------------------------------
Energized 200-mile line without closing resistors...........         3.5
Energized 200-mile line with one-step closing resistor......         2.1
Energized 200-mile line with multistep resistor.............         2.5
Reclosing with trapped charge one-step resistor.............         2.2
Opening surge with single restrike..........................         3.0
Fault initiation unfaulted phase............................         2.1
Fault initiation adjacent circuit...........................         2.5
Fault clearing..............................................  1.7 to 1.9
------------------------------------------------------------------------

    4. Standard deviation--air-gap withstand. For each air gap length 
under the same atmospheric conditions, there is a statistical variation 
in the breakdown voltage. The probability of breakdown against voltage 
has a normal (Gaussian) distribution. The standard deviation of this 
distribution varies with the wave shape, gap geometry, and atmospheric 
conditions. The withstand voltage of the air gap is three standard 
deviations (3[sigma]) below the critical sparkover voltage. (The 
critical sparkover voltage is the crest value of the impulse wave that, 
under specified conditions, causes sparkover 50 percent of the time. An 
impulse wave of three standard deviations below this value, that is, the 
withstand voltage, has a probability of sparkover of approximately 1 in 
1,000.)
    5. Broken Insulators. Tests show reductions in the insulation 
strength of insulator strings with broken skirts. Broken units may lose 
up to 70 percent of their withstand capacity. Because an employer cannot 
determine the insulating capability of a broken unit without testing it, 
the employer must consider damaged units in an insulator to have no 
insulating value. Additionally, the presence of a live-line tool 
alongside an insulator string with broken units may further

[[Page 497]]

reduce the overall insulating strength. The number of good units that 
must be present in a string for it to be ``insulated'' as defined by 
Sec.  1926.968 depends on the maximum overvoltage possible at the 
worksite.

 B. Minimum Approach Distances Based on Known, Maximum-Anticipated Per-
                       Unit Transient Overvoltages

    1. Determining the minimum approach distance for AC systems. Under 
Sec.  1926.960(c)(1)(ii), the employer must determine the maximum 
anticipated per-unit transient overvoltage, phase-to-ground, through an 
engineering analysis or must assume a maximum anticipated per-unit 
transient overvoltage, phase-to-ground, in accordance with Table V-8. 
When the employer conducts an engineering analysis of the system and 
determines that the maximum transient overvoltage is lower than 
specified by Table V-8, the employer must ensure that any conditions 
assumed in the analysis, for example, that employees block reclosing on 
a circuit or install portable protective gaps, are present during 
energized work. To ensure that these conditions are present, the 
employer may need to institute new live-work procedures reflecting the 
conditions and limitations set by the engineering analysis.
    2. Calculation of reduced approach distance values. An employer may 
take the following steps to reduce minimum approach distances when the 
maximum transient overvoltage on the system (that is, the maximum 
transient overvoltage without additional steps to control overvoltages) 
produces unacceptably large minimum approach distances:
    Step 1. Determine the maximum voltage (with respect to a given 
nominal voltage range) for the energized part.
    Step 2. Determine the technique to use to control the maximum 
transient overvoltage. (See paragraphs IV.C and IV.D of this appendix.) 
Determine the maximum transient overvoltage that can exist at the 
worksite with that form of control in place and with a confidence level 
of 3[sigma] . This voltage is the withstand voltage for the purpose of 
calculating the appropriate minimum approach distance.
    Step 3. Direct employees to implement procedures to ensure that the 
control technique is in effect during the course of the work.
    Step 4. Using the new value of transient overvoltage in per unit, 
calculate the required minimum approach distance from Table V-2.

C. Methods of Controlling Possible Transient Overvoltage Stress Found on 
                                a System

    1. Introduction. There are several means of controlling overvoltages 
that occur on transmission systems. For example, the employer can modify 
the operation of circuit breakers or other switching devices to reduce 
switching transient overvoltages. Alternatively, the employer can hold 
the overvoltage to an acceptable level by installing surge arresters or 
portable protective gaps on the system. In addition, the employer can 
change the transmission system to minimize the effect of switching 
operations. Section 4.8 of IEEE Std 516-2009 describes various ways of 
controlling, and thereby reducing, maximum transient overvoltages.
    2. Operation of circuit breakers.\7\ The maximum transient 
overvoltage that can reach the worksite is often the result of switching 
on the line on which employees are working. Disabling automatic 
reclosing during energized line work, so that the line will not be 
reenergized after being opened for any reason, limits the maximum 
switching surge overvoltage to the larger of the opening surge or the 
greatest possible fault-generated surge, provided that the devices (for 
example, insertion resistors) are operable and will function to limit 
the transient overvoltage and that circuit breaker restrikes do not 
occur. The employer must ensure the proper functioning of insertion 
resistors and other overvoltage-limiting devices when the employer's 
engineering analysis assumes their proper operation to limit the 
overvoltage level. If the employer cannot disable the reclosing feature 
(because of system operating conditions), other methods of controlling 
the switching surge level may be necessary.
---------------------------------------------------------------------------

    \7\ The detailed design of a circuit interrupter, such as the design 
of the contacts, resistor insertion, and breaker timing control, are 
beyond the scope of this appendix. The design of the system generally 
accounts for these features. This appendix only discusses features that 
can limit the maximum switching transient overvoltage on a system.
---------------------------------------------------------------------------

    Transient surges on an adjacent line, particularly for double 
circuit construction, may cause a significant overvoltage on the line on 
which employees are working. The employer's engineering analysis must 
account for coupling to adjacent lines.
    3. Surge arresters. The use of modern surge arresters allows a 
reduction in the basic impulse-insulation levels of much transmission 
system equipment. The primary function of early arresters was to protect 
the system insulation from the effects of lightning. Modern arresters 
not only dissipate lightning-caused transients, but may also control 
many other system transients caused by switching or faults.
    The employer may use properly designed arresters to control 
transient overvoltages along a transmission line and thereby reduce the 
requisite length of the insulator string

[[Page 498]]

and possibly the maximum transient overvoltage on the line.\8\
---------------------------------------------------------------------------

    \8\ Surge arrester application is beyond the scope of this appendix. 
However, if the employer installs the arrester near the work site, the 
application would be similar to the protective gaps discussed in 
paragraph IV.D of this appendix.
---------------------------------------------------------------------------

    4. Switching Restrictions. Another form of overvoltage control 
involves establishing switching restrictions, whereby the employer 
prohibits the operation of circuit breakers until certain system 
conditions are present. The employer restricts switching by using a 
tagging system, similar to that used for a permit, except that the 
common term used for this activity is a ``hold-off'' or ``restriction.'' 
These terms indicate that the restriction does not prevent operation, 
but only modifies the operation during the live-work activity.

   D. Minimum Approach Distance Based on Control of Maximum Transient 
                       Overvoltage at the Worksite

    When the employer institutes control of maximum transient 
overvoltage at the worksite by installing portable protective gaps, the 
employer may calculate the minimum approach distance as follows:
    Step 1. Select the appropriate withstand voltage for the protective 
gap based on system requirements and an acceptable probability of gap 
sparkover.\9\
---------------------------------------------------------------------------

    \9\ The employer should check the withstand voltage to ensure that 
it results in a probability of gap flashover that is acceptable from a 
system outage perspective. (In other words, a gap sparkover will produce 
a system outage. The employer should determine whether such an outage 
will impact overall system performance to an acceptable degree.) In 
general, the withstand voltage should be at least 1.25 times the maximum 
crest operating voltage.
---------------------------------------------------------------------------

    Step 2. Determine a gap distance that provides a withstand voltage 
\10\ greater than or equal to the one selected in the first step.\11\
---------------------------------------------------------------------------

    \10\ The manufacturer of the gap provides, based on test data, the 
critical sparkover voltage for each gap spacing (for example, a critical 
sparkover voltage of 665 kilovolts for a gap spacing of 1.2 meters). The 
withstand voltage for the gap is equal to 85 percent of its critical 
sparkover voltage.
    \11\ Switch steps 1 and 2 if the length of the protective gap is 
known.
---------------------------------------------------------------------------

    Step 3. Use 110 percent of the gap's critical sparkover voltage to 
determine the phase-to-ground peak voltage at gap sparkover (VPPG Peak).
    Step 4. Determine the maximum transient overvoltage, phase-to-
ground, at the worksite from the following formula:
[GRAPHIC] [TIFF OMITTED] TR11AP14.038

    Step 5. Use this value of T \12\ in the equation in Table V-2 to 
obtain the minimum approach distance. If the worksite is no more than 
900 meters (3,000 feet) above sea level, the employer may use this value 
of T to determine the minimum approach distance from Table 7 through 
Table 14.
---------------------------------------------------------------------------

    \12\ IEEE Std 516-2009 states that most employers add 0.2 to the 
calculated value of T as an additional safety factor.

    Note: All rounding must be to the next higher value (that is, always 
---------------------------------------------------------------------------
round up).

    Sample protective gap calculations.
    Problem: Employees are to perform work on a 500-kilovolt 
transmission line at sea level that is subject to transient overvoltages 
of 2.4 p.u. The maximum operating voltage of the line is 550 kilovolts. 
Determine the length of the protective gap that will provide the minimum 
practical safe approach distance. Also, determine what that minimum 
approach distance is.
    Step 1. Calculate the smallest practical maximum transient 
overvoltage (1.25 times the crest phase-to-ground voltage): \13\
---------------------------------------------------------------------------

    \13\ To eliminate sparkovers due to minor system disturbances, the 
employer should use a withstand voltage no lower than 1.25 p.u. Note 
that this is a practical, or operational, consideration only. It may be 
feasible for the employer to use lower values of withstand voltage.

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

[[Page 499]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.039

This value equals the withstand voltage of the protective gap.
    Step 2. Using test data for a particular protective gap, select a 
gap that has a critical sparkover voltage greater than or equal to:

561kV / 0.85 = 660kV

For example, if a protective gap with a 1.22-m (4.0-foot) spacing tested 
to a critical sparkover voltage of 665 kilovolts (crest), select this 
gap spacing.
    Step 3. The phase-to-ground peak voltage at gap sparkover (VPPG 
Peak) is 110 percent of the value from the previous step:

665kV x 1.10 = 732kV

This value corresponds to the withstand voltage of the electrical 
component of the minimum approach distance.
    Step 4. Use this voltage to determine the worksite value of T:
    [GRAPHIC] [TIFF OMITTED] TR11AP14.040
    
    Step 5. Use this value of T in the equation in Table V-2 to obtain 
the minimum approach distance, or look up the minimum approach distance 
in Table 7 through Table 14:

MAD = 2.29m(7.6ft)

                     E. Location of Protective Gaps

    1. Adjacent structures. The employer may install the protective gap 
on a structure adjacent to the worksite, as this practice does not 
significantly reduce the protection afforded by the gap.
    2. Terminal stations. Gaps installed at terminal stations of lines 
or circuits provide a level of protection; however, that level of 
protection may not extend throughout the length of the line to the 
worksite. The use of substation terminal gaps raises the possibility 
that separate surges could enter the line at opposite ends, each with 
low enough magnitude to pass the terminal gaps without sparkover. When 
voltage surges occur simultaneously at each end of a line and travel 
toward each other, the total voltage on the line at the point where they 
meet is the arithmetic sum of the two surges. A gap installed within 0.8 
km (0.5 mile) of the worksite will protect against such intersecting 
waves. Engineering studies of a particular line or system may indicate 
that employers can adequately protect employees by installing gaps at 
even more distant locations. In any event, unless using the default 
values for T from Table V-8, the employer must determine T at the 
worksite.
    3. Worksite. If the employer installs protective gaps at the 
worksite, the gap setting establishes the worksite impulse insulation 
strength. Lightning strikes as far as 6 miles from the worksite can 
cause a voltage surge greater than the gap withstand voltage, and a gap 
sparkover can occur. In addition, the gap can sparkover from 
overvoltages on the line that exceed the withstand voltage of the gap. 
Consequently, the employer must protect employees from hazards resulting 
from any sparkover that could occur.
    F. Disabling automatic reclosing. There are two reasons to disable 
the automatic-reclosing feature of circuit-interrupting devices while 
employees are performing live-line work:
     To prevent reenergization of a circuit faulted 
during the work, which could create a hazard or result in more serious 
injuries or damage than the injuries or damage produced by the original 
fault;
     To prevent any transient overvoltage caused by 
the switching surge that would result if the circuit were reenergized.
    However, due to system stability considerations, it may not always 
be feasible to disable the automatic-reclosing feature.

                   V. Minimum Approach-Distance Tables

    A. Legacy tables. Employers may use the minimum approach distances 
in Table 6 until March 31, 2015.

[[Page 500]]



                            Table 6--Minimum Approach Distances Until March 31, 2015
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
       Voltage range phase to phase (kV)        ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
2.1 to 15.0....................................            0.64             2.1             0.61             2.0
15.1 to 35.0...................................            0.71             2.3             0.71             2.3
35.1 to 46.0...................................            0.76             2.5             0.76             2.5
46.1 to 72.5...................................            0.91             3.0             0.91             3.0
72.6 to 121....................................            1.02             3.3             1.37             4.5
138 to 145.....................................            1.07             3.5             1.52             5.0
161 to 169.....................................            1.12             3.7             1.68             5.5
230 to 242.....................................            1.52             5.0             2.54             8.3
345 to 362 *...................................            2.13             7.0             4.06            13.3
500 to 552 *...................................            3.35            11.0             6.10            20.0
700 to 765 *...................................            4.57            15.0             9.45            31.0
----------------------------------------------------------------------------------------------------------------
* The minimum approach distance may be the shortest distance between the energized part and the grounded
  surface.

    B. Alternative minimum approach distances. Employers may use the 
minimum approach distances in Table 7 through Table 14 provided that the 
employer follows the notes to those tables.

                            Table 7--AC Minimum Approach Distances--72.6 to 121.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            0.67             2.2             0.84             2.8
1.6............................................            0.69             2.3             0.87             2.9
1.7............................................            0.71             2.3             0.90             3.0
1.8............................................            0.74             2.4             0.93             3.1
1.9............................................            0.76             2.5             0.96             3.1
2.0............................................            0.78             2.6             0.99             3.2
2.1............................................            0.81             2.7             1.01             3.3
2.2............................................            0.83             2.7             1.04             3.4
2.3............................................            0.85             2.8             1.07             3.5
2.4............................................            0.88             2.9             1.10             3.6
2.5............................................            0.90             3.0             1.13             3.7
2.6............................................            0.92             3.0             1.16             3.8
2.7............................................            0.95             3.1             1.19             3.9
2.8............................................            0.97             3.2             1.22             4.0
2.9............................................            0.99             3.2             1.24             4.1
3.0............................................            1.02             3.3             1.27             4.2
3.1............................................            1.04             3.4             1.30             4.3
3.2............................................            1.06             3.5             1.33             4.4
3.3............................................            1.09             3.6             1.36             4.5
3.4............................................            1.11             3.6             1.39             4.6
3.5............................................            1.13             3.7             1.42             4.7
----------------------------------------------------------------------------------------------------------------


                            Table 8--AC Minimum Approach Distances--121.1 to 145.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground rxposure         Phase-to-phase rxposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            0.74             2.4             0.95             3.1
1.6............................................            0.76             2.5             0.98             3.2
1.7............................................            0.79             2.6             1.02             3.3
1.8............................................            0.82             2.7             1.05             3.4
1.9............................................            0.85             2.8             1.08             3.5
2.0............................................            0.88             2.9             1.12             3.7
2.1............................................            0.90             3.0             1.15             3.8
2.2............................................            0.93             3.1             1.19             3.9
2.3............................................            0.96             3.1             1.22             4.0
2.4............................................            0.99             3.2             1.26             4.1
2.5............................................            1.02             3.3             1.29             4.2
2.6............................................            1.04             3.4             1.33             4.4
2.7............................................            1.07             3.5             1.36             4.5
2.8............................................            1.10             3.6             1.39             4.6
2.9............................................            1.13             3.7             1.43             4.7
3.0............................................            1.16             3.8             1.46             4.8
3.1............................................            1.19             3.9             1.50             4.9

[[Page 501]]

 
3.2............................................            1.21             4.0             1.53             5.0
3.3............................................            1.24             4.1             1.57             5.2
3.4............................................            1.27             4.2             1.60             5.2
3.5............................................            1.30             4.3             1.64             5.4
----------------------------------------------------------------------------------------------------------------


                            Table 9--AC Minimum Approach Distances--145.1 to 169.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            0.81             2.7             1.05             3.4
1.6............................................            0.84             2.8             1.09             3.6
1.7............................................            0.87             2.9             1.13             3.7
1.8............................................            0.90             3.0             1.17             3.8
1.9............................................            0.94             3.1             1.21             4.0
2.0............................................            0.97             3.2             1.25             4.1
2.1............................................            1.00             3.3             1.29             4.2
2.2............................................            1.03             3.4             1.33             4.4
2.3............................................            1.07             3.5             1.37             4.5
2.4............................................            1.10             3.6             1.41             4.6
2.5............................................            1.13             3.7             1.45             4.8
2.6............................................            1.17             3.8             1.49             4.9
2.7............................................            1.20             3.9             1.53             5.0
2.8............................................            1.23             4.0             1.57             5.2
2.9............................................            1.26             4.1             1.61             5.3
3.0............................................            1.30             4.3             1.65             5.4
3.1............................................            1.33             4.4             1.70             5.6
3.2............................................            1.36             4.5             1.76             5.8
3.3............................................            1.39             4.6             1.82             6.0
3.4............................................            1.43             4.7             1.88             6.2
3.5............................................            1.46             4.8             1.94             6.4
----------------------------------------------------------------------------------------------------------------


                           Table 10--AC Minimum Approach Distances--169.1 to 242.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.02             3.3             1.37             4.5
1.6............................................            1.06             3.5             1.43             4.7
1.7............................................            1.11             3.6             1.48             4.9
1.8............................................            1.16             3.8             1.54             5.1
1.9............................................            1.21             4.0             1.60             5.2
2.0............................................            1.25             4.1             1.66             5.4
2.1............................................            1.30             4.3             1.73             5.7
2.2............................................            1.35             4.4             1.81             5.9
2.3............................................            1.39             4.6             1.90             6.2
2.4............................................            1.44             4.7             1.99             6.5
2.5............................................            1.49             4.9             2.08             6.8
2.6............................................            1.53             5.0             2.17             7.1
2.7............................................            1.58             5.2             2.26             7.4
2.8............................................            1.63             5.3             2.36             7.7
2.9............................................            1.67             5.5             2.45             8.0
3.0............................................            1.72             5.6             2.55             8.4
3.1............................................            1.77             5.8             2.65             8.7
3.2............................................            1.81             5.9             2.76             9.1
3.3............................................            1.88             6.2             2.86             9.4
3.4............................................            1.95             6.4             2.97             9.7
3.5............................................            2.01             6.6             3.08            10.1
----------------------------------------------------------------------------------------------------------------


                           Table 11--AC Minimum Approach Distances--242.1 to 362.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.37             4.5             1.99             6.5
1.6............................................            1.44             4.7             2.13             7.0

[[Page 502]]

 
1.7............................................            1.51             5.0             2.27             7.4
1.8............................................            1.58             5.2             2.41             7.9
1.9............................................            1.65             5.4             2.56             8.4
2.0............................................            1.72             5.6             2.71             8.9
2.1............................................            1.79             5.9             2.87             9.4
2.2............................................            1.87             6.1             3.03             9.9
2.3............................................            1.97             6.5             3.20            10.5
2.4............................................            2.08             6.8             3.37            11.1
2.5............................................            2.19             7.2             3.55            11.6
2.6............................................            2.29             7.5             3.73            12.2
2.7............................................            2.41             7.9             3.91            12.8
2.8............................................            2.52             8.3             4.10            13.5
2.9............................................            2.64             8.7             4.29            14.1
3.0............................................            2.76             9.1             4.49            14.7
3.1............................................            2.88             9.4             4.69            15.4
3.2............................................            3.01             9.9             4.90            16.1
3.3............................................            3.14            10.3             5.11            16.8
3.4............................................            3.27            10.7             5.32            17.5
3.5............................................            3.41            11.2             5.52            18.1
----------------------------------------------------------------------------------------------------------------


                           Table 12--AC Minimum Approach Distances--362.1 to 420.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.53             5.0             2.40             7.9
1.6............................................            1.62             5.3             2.58             8.5
1.7............................................            1.70             5.6             2.75             9.0
1.8............................................            1.78             5.8             2.94             9.6
1.9............................................            1.88             6.2             3.13            10.3
2.0............................................            1.99             6.5             3.33            10.9
2.1............................................            2.12             7.0             3.53            11.6
2.2............................................            2.24             7.3             3.74            12.3
2.3............................................            2.37             7.8             3.95            13.0
2.4............................................            2.50             8.2             4.17            13.7
2.5............................................            2.64             8.7             4.40            14.4
2.6............................................            2.78             9.1             4.63            15.2
2.7............................................            2.93             9.6             4.87            16.0
2.8............................................            3.07            10.1             5.11            16.8
2.9............................................            3.23            10.6             5.36            17.6
3.0............................................            3.38            11.1             5.59            18.3
3.1............................................            3.55            11.6             5.82            19.1
3.2............................................            3.72            12.2             6.07            19.9
3.3............................................            3.89            12.8             6.31            20.7
3.4............................................            4.07            13.4             6.56            21.5
3.5............................................            4.25            13.9             6.81            22.3
----------------------------------------------------------------------------------------------------------------


                           Table 13--AC Minimum Approach Distances--420.1 to 550.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            1.95             6.4             3.46            11.4
1.6............................................            2.11             6.9             3.73            12.2
1.7............................................            2.28             7.5             4.02            13.2
1.8............................................            2.45             8.0             4.31            14.1
1.9............................................            2.62             8.6             4.61            15.1
2.0............................................            2.81             9.2             4.92            16.1
2.1............................................            3.00             9.8             5.25            17.2
2.2............................................            3.20            10.5             5.55            18.2
2.3............................................            3.40            11.2             5.86            19.2
2.4............................................            3.62            11.9             6.18            20.3
2.5............................................            3.84            12.6             6.50            21.3
2.6............................................            4.07            13.4             6.83            22.4
2.7............................................            4.31            14.1             7.18            23.6
2.8............................................            4.56            15.0             7.52            24.7
2.9............................................            4.81            15.8             7.88            25.9

[[Page 503]]

 
3.0............................................            5.07            16.6             8.24            27.0
----------------------------------------------------------------------------------------------------------------


                           Table 14--AC Minimum Approach Distances--550.1 to 800.0 kV
----------------------------------------------------------------------------------------------------------------
                                                     Phase-to-ground exposure         Phase-to-phase exposure
                    T (p.u.)                    ----------------------------------------------------------------
                                                        m               ft               m              ft
----------------------------------------------------------------------------------------------------------------
1.5............................................            3.16            10.4             5.97            19.6
1.6............................................            3.46            11.4             6.43            21.1
1.7............................................            3.78            12.4             6.92            22.7
1.8............................................            4.12            13.5             7.42            24.3
1.9............................................            4.47            14.7             7.93            26.0
2.0............................................            4.83            15.8             8.47            27.8
2.1............................................            5.21            17.1             9.02            29.6
2.2............................................            5.61            18.4             9.58            31.4
2.3............................................            6.02            19.8            10.16            33.3
2.4............................................            6.44            21.1            10.76            35.3
2.5............................................            6.88            22.6            11.38            37.3
----------------------------------------------------------------------------------------------------------------
Notes to Table 7 through Table 14:
1. The employer must determine the maximum anticipated per-unit transient overvoltage, phase-to-ground, through
  an engineering analysis, as required by Sec.   1926.960(c)(1)(ii), or assume a maximum anticipated per-unit
  transient overvoltage, phase-to-ground, in accordance with Table V-8.
2. For phase-to-phase exposures, the employer must demonstrate that no insulated tool spans the gap and that no
  large conductive object is in the gap.
3. The worksite must be at an elevation of 900 meters (3,000 feet) or less above sea level.


[79 FR 20696, Apr. 11, 2014, as amended at 79 FR 56962, Sept. 24, 2014]



  Sec. Appendix C to Subpart V of Part 1926--Protection From Hazardous 
                    Differences in Electric Potential

                             I. Introduction

    Current passing through an impedance impresses voltage across that 
impedance. Even conductors have some, albeit low, value of impedance. 
Therefore, if a ``grounded'' \1\ object, such as a crane or deenergized 
and grounded power line, results in a ground fault on a power line, 
voltage is impressed on that grounded object. The voltage impressed on 
the grounded object depends largely on the voltage on the line, on the 
impedance of the faulted conductor, and on the impedance to ``true,'' or 
``absolute,'' ground represented by the object. If the impedance of the 
object causing the fault is relatively large, the voltage impressed on 
the object is essentially the phase-to-ground system voltage. However, 
even faults to grounded power lines or to well grounded transmission 
towers or substation structures (which have relatively low values of 
impedance to ground) can result in hazardous voltages.\2\ In all cases, 
the degree of the hazard depends on the magnitude of the current through 
the employee and the time of exposure. This appendix discusses methods 
of protecting workers against the possibility that grounded objects, 
such as cranes and other mechanical equipment, will contact energized 
power lines and that deenergized and grounded power lines will become 
accidentally energized.
---------------------------------------------------------------------------

    \1\ This appendix generally uses the term ``grounded'' only with 
respect to grounding that the employer intentionally installs, for 
example, the grounding an employer installs on a deenergized conductor. 
However, in this case, the term ``grounded'' means connected to earth, 
regardless of whether or not that connection is intentional.
    \2\ Thus, grounding systems for transmission towers and substation 
structures should be designed to minimize the step and touch potentials 
involved.
---------------------------------------------------------------------------

                    II. Voltage-Gradient Distribution

    A. Voltage-gradient distribution curve. Absolute, or true, ground 
serves as a reference and always has a voltage of 0 volts above ground 
potential. Because there is an impedance between a grounding electrode 
and absolute ground, there will be a voltage difference between the 
grounding electrode and absolute ground under ground-fault conditions. 
Voltage dissipates from the grounding electrode (or from the grounding 
point) and creates a ground potential gradient. The voltage decreases 
rapidly with increasing distance from the grounding electrode. A voltage 
drop associated with this dissipation

[[Page 504]]

of voltage is a ground potential. Figure 1 is a typical voltage-gradient 
distribution curve (assuming a uniform soil texture).
[GRAPHIC] [TIFF OMITTED] TR11AP14.041


[[Page 505]]


    B. Step and touch potentials. Figure 1 also shows that workers are 
at risk from step and touch potentials. Step potential is the voltage 
between the feet of a person standing near an energized grounded object 
(the electrode). In Figure 1, the step potential is equal to the 
difference in voltage between two points at different distances from the 
electrode (where the points represent the location of each foot in 
relation to the electrode). A person could be at risk of injury during a 
fault simply by standing near the object.
    Touch potential is the voltage between the energized grounded object 
(again, the electrode) and the feet of a person in contact with the 
object. In Figure 1, the touch potential is equal to the difference in 
voltage between the electrode (which is at a distance of 0 meters) and a 
point some distance away from the electrode (where the point represents 
the location of the feet of the person in contact with the object). The 
touch potential could be nearly the full voltage across the grounded 
object if that object is grounded at a point remote from the place where 
the person is in contact with it. For example, a crane grounded to the 
system neutral and that contacts an energized line would expose any 
person in contact with the crane or its uninsulated load line to a touch 
potential nearly equal to the full fault voltage.
    Figure 2 illustrates step and touch potentials.

[[Page 506]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.042

    III. Protecting Workers From Hazardous Differences in Electrical 
                                Potential

    A. Definitions. The following definitions apply to section III of 
this appendix:
    Bond. The electrical interconnection of conductive parts designed to 
maintain a common electric potential.
    Bonding cable (bonding jumper). A cable connected to two conductive 
parts to bond the parts together.
    Cluster bar. A terminal temporarily attached to a structure that 
provides a means for the attachment and bonding of grounding and bonding 
cables to the structure.
    Ground. A conducting connection between an electric circuit or 
equipment and the earth, or to some conducting body that serves in place 
of the earth.
    Grounding cable (grounding jumper). A cable connected between a 
deenergized part and ground. Note that grounding cables carry fault 
current and bonding cables generally do not. A cable that bonds two 
conductive parts but carries substantial fault current (for example, a 
jumper connected between one phase and a grounded phase) is a grounding 
cable.
    Ground mat (grounding grid). A temporarily or permanently installed 
metallic mat or grating that establishes an equipotential

[[Page 507]]

surface and provides connection points for attaching grounds.
    B. Analyzing the hazard. The employer can use an engineering 
analysis of the power system under fault conditions to determine whether 
hazardous step and touch voltages will develop. The analysis should 
determine the voltage on all conductive objects in the work area and the 
amount of time the voltage will be present. Based on the this analysis, 
the employer can select appropriate measures and protective equipment, 
including the measures and protective equipment outlined in Section III 
of this appendix, to protect each employee from hazardous differences in 
electric potential. For example, from the analysis, the employer will 
know the voltage remaining on conductive objects after employees install 
bonding and grounding equipment and will be able to select insulating 
equipment with an appropriate rating, as described in paragraph III.C.2 
of this appendix.
    C. Protecting workers on the ground. The employer may use several 
methods, including equipotential zones, insulating equipment, and 
restricted work areas, to protect employees on the ground from hazardous 
differences in electrical potential.
    1. An equipotential zone will protect workers within it from 
hazardous step and touch potentials. (See Figure 3.) Equipotential zones 
will not, however, protect employees located either wholly or partially 
outside the protected area. The employer can establish an equipotential 
zone for workers on the ground, with respect to a grounded object, 
through the use of a metal mat connected to the grounded object. The 
employer can use a grounding grid to equalize the voltage within the 
grid or bond conductive objects in the immediate work area to minimize 
the potential between the objects and between each object and ground. 
(Bonding an object outside the work area can increase the touch 
potential to that object, however.) Section III.D of this appendix 
discusses equipotential zones for employees working on deenergized and 
grounded power lines.
    2. Insulating equipment, such as rubber gloves, can protect 
employees handling grounded equipment and conductors from hazardous 
touch potentials. The insulating equipment must be rated for the highest 
voltage that can be impressed on the grounded objects under fault 
conditions (rather than for the full system voltage).
    3. Restricting employees from areas where hazardous step or touch 
potentials could arise can protect employees not directly involved in 
performing the operation. The employer must ensure that employees on the 
ground in the vicinity of transmission structures are at a distance 
where step voltages would be insufficient to cause injury. Employees 
must not handle grounded conductors or equipment likely to become 
energized to hazardous voltages unless the employees are within an 
equipotential zone or protected by insulating equipment.

[[Page 508]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.043

    D. Protecting employees working on deenergized and grounded power 
lines. This Section III.D of Appendix C establishes guidelines to help 
employers comply with requirements in Sec.  1926.962 for using 
protective grounding to protect employees working on deenergized power 
lines. Section 1926.962 applies to grounding of transmission and 
distribution lines and equipment for the purpose of protecting workers. 
Paragraph (c) of Sec.  1926.962

[[Page 509]]

requires temporary protective grounds to be placed at such locations and 
arranged in such a manner that the employer can demonstrate will prevent 
exposure of each employee to hazardous differences in electric 
potential.\3\ Sections III.D.1 and III.D.2 of this appendix provide 
guidelines that employers can use in making the demonstration required 
by Sec.  1926.962(c). Section III.D.1 of this appendix provides 
guidelines on how the employer can determine whether particular 
grounding practices expose employees to hazardous differences in 
electric potential. Section III.D.2 of this appendix describes grounding 
methods that the employer can use in lieu of an engineering analysis to 
make the demonstration required by Sec.  1926.962(c). The Occupational 
Safety and Health Administration will consider employers that comply 
with the criteria in this appendix as meeting Sec.  1926.962(c).
---------------------------------------------------------------------------

    \3\ The protective grounding required by Sec.  1926.962 limits to 
safe values the potential differences between accessible objects in each 
employee's work environment. Ideally, a protective grounding system 
would create a true equipotential zone in which every point is at the 
same electric potential. In practice, current passing through the 
grounding and bonding elements creates potential differences. If these 
potential differences are hazardous, the employer may not treat the zone 
as an equipotential zone.
---------------------------------------------------------------------------

    Finally, Section III.D.3 of this appendix discusses other safety 
considerations that will help the employer comply with other 
requirements in Sec.  1926.962. Following these guidelines will protect 
workers from hazards that can occur when a deenergized and grounded line 
becomes energized.
    1. Determining safe body current limits. This Section III.D.1 of 
Appendix C provides guidelines on how an employer can determine whether 
any differences in electric potential to which workers could be exposed 
are hazardous as part of the demonstration required by Sec.  
1926.962(c).
    Institute of Electrical and Electronic Engineers (IEEE) Standard 
1048-2003, IEEE Guide for Protective Grounding of Power Lines, provides 
the following equation for determining the threshold of ventricular 
fibrillation when the duration of the electric shock is limited:
[GRAPHIC] [TIFF OMITTED] TR11AP14.044

where I is the current through the worker's body, and t is the duration 
of the current in seconds. This equation represents the ventricular 
fibrillation threshold for 95.5 percent of the adult population with a 
mass of 50 kilograms (110 pounds) or more. The equation is valid for 
current durations between 0.0083 to 3.0 seconds.
    To use this equation to set safe voltage limits in an equipotential 
zone around the worker, the employer will need to assume a value for the 
resistance of the worker's body. IEEE Std 1048-2003 states that ``total 
body resistance is usually taken as 1000 [Omega] for determining . . . 
body current limits.'' However, employers should be aware that the 
impedance of a worker's body can be substantially less than that value. 
For instance, IEEE Std 1048-2003 reports a minimum hand-to-hand 
resistance of 610 ohms and an internal body resistance of 500 ohms. The 
internal resistance of the body better represents the minimum resistance 
of a worker's body when the skin resistance drops near zero, which 
occurs, for example, when there are breaks in the worker's skin, for 
instance, from cuts or from blisters formed as a result of the current 
from an electric shock, or when the worker is wet at the points of 
contact.
    Employers may use the IEEE Std 1048-2003 equation to determine safe 
body current limits only if the employer protects workers from hazards 
associated with involuntary muscle reactions from electric shock (for 
example, the hazard to a worker from falling as a result of an electric 
shock). Moreover, the equation applies only when the duration of the 
electric shock is limited. If the precautions the employer takes, 
including those required by applicable standards, do not adequately 
protect employees from hazards associated with involuntary reactions 
from electric shock, a hazard exists if the induced voltage is 
sufficient to pass a current of 1 milliampere through a 500-ohm 
resistor. (The 500-ohm resistor represents the resistance of an 
employee. The 1-milliampere current is the threshold of perception.) 
Finally, if the employer protects employees from injury due to 
involuntary reactions from electric shock, but the duration of the 
electric shock is unlimited (that is, when the fault current at the work 
location will be insufficient to trip the devices protecting the 
circuit), a hazard exists if the resultant current would

[[Page 510]]

be more than 6 milliamperes (the recognized let-go threshold for workers 
\4\).
---------------------------------------------------------------------------

    \4\ Electric current passing through the body has varying effects 
depending on the amount of the current. At the let-go threshold, the 
current overrides a person's control over his or her muscles. At that 
level, an employee grasping an object will not be able to let go of the 
object. The let-go threshold varies from person to person; however, the 
recognized value for workers is 6 milliamperes.
---------------------------------------------------------------------------

    2. Acceptable methods of grounding for employers that do not perform 
an engineering determination. The grounding methods presented in this 
section of this appendix ensure that differences in electric potential 
are as low as possible and, therefore, meet Sec.  1926.962(c) without an 
engineering determination of the potential differences. These methods 
follow two principles: (i) The grounding method must ensure that the 
circuit opens in the fastest available clearing time, and (ii) the 
grounding method must ensure that the potential differences between 
conductive objects in the employee's work area are as low as possible.
    Paragraph (c) of Sec.  1926.962 does not require grounding methods 
to meet the criteria embodied in these principles. Instead, the 
paragraph requires that protective grounds be ``placed at such locations 
and arranged in such a manner that the employer can demonstrate will 
prevent exposure of each employee to hazardous differences in electric 
potential.'' However, when the employer's grounding practices do not 
follow these two principles, the employer will need to perform an 
engineering analysis to make the demonstration required by Sec.  
1926.962(c).
    i. Ensuring that the circuit opens in the fastest available clearing 
time. Generally, the higher the fault current, the shorter the clearing 
times for the same type of fault. Therefore, to ensure the fastest 
available clearing time, the grounding method must maximize the fault 
current with a low impedance connection to ground. The employer 
accomplishes this objective by grounding the circuit conductors to the 
best ground available at the worksite. Thus, the employer must ground to 
a grounded system neutral conductor, if one is present. A grounded 
system neutral has a direct connection to the system ground at the 
source, resulting in an extremely low impedance to ground. In a 
substation, the employer may instead ground to the substation grid, 
which also has an extremely low impedance to the system ground and, 
typically, is connected to a grounded system neutral when one is 
present. Remote system grounds, such as pole and tower grounds, have a 
higher impedance to the system ground than grounded system neutrals and 
substation grounding grids; however, the employer may use a remote 
ground when lower impedance grounds are not available. In the absence of 
a grounded system neutral, substation grid, and remote ground, the 
employer may use a temporary driven ground at the worksite.
    In addition, if employees are working on a three-phase system, the 
grounding method must short circuit all three phases. Short circuiting 
all phases will ensure faster clearing and lower the current through the 
grounding cable connecting the deenergized line to ground, thereby 
lowering the voltage across that cable. The short circuit need not be at 
the worksite; however, the employer must treat any conductor that is not 
grounded at the worksite as energized because the ungrounded conductors 
will be energized at fault voltage during a fault.
    ii. Ensuring that the potential differences between conductive 
objects in the employee's work area are as low as possible. To achieve 
as low a voltage as possible across any two conductive objects in the 
work area, the employer must bond all conductive objects in the work 
area. This section of this appendix discusses how to create a zone that 
minimizes differences in electric potential between conductive objects 
in the work area.
    The employer must use bonding cables to bond conductive objects, 
except for metallic objects bonded through metal-to-metal contact. The 
employer must ensure that metal-to-metal contacts are tight and free of 
contamination, such as oxidation, that can increase the impedance across 
the connection. For example, a bolted connection between metal lattice 
tower members is acceptable if the connection is tight and free of 
corrosion and other contamination. Figure 4 shows how to create an 
equipotential zone for metal lattice towers.
    Wood poles are conductive objects. The poles can absorb moisture and 
conduct electricity, particularly at distribution and transmission 
voltages. Consequently, the employer must either: (1) Provide a 
conductive platform, bonded to a grounding cable, on which the worker 
stands or (2) use cluster bars to bond wood poles to the grounding 
cable. The employer must ensure that employees install the cluster bar 
below, and close to, the worker's feet. The inner portion of the wood 
pole is more conductive than the outer shell, so it is important that 
the cluster bar be in conductive contact with a metal spike or nail that 
penetrates the wood to a depth greater than or equal to the depth the 
worker's climbing gaffs will penetrate the wood. For example, the 
employer could mount the cluster bar on a bare pole ground wire fastened 
to the pole with nails or staples that penetrate to the required depth. 
Alternatively, the employer may temporarily nail a conductive strap to 
the pole and connect the strap to the cluster bar. Figure 5 shows how to 
create an equipotential zone for wood poles.

[[Page 511]]

[GRAPHIC] [TIFF OMITTED] TR11AP14.045


[[Page 512]]


[GRAPHIC] [TIFF OMITTED] TR11AP14.046

    For underground systems, employers commonly install grounds at the 
points of disconnection of the underground cables. These grounding 
points are typically remote from the manhole or underground vault where 
employees will be working on the cable. Workers in contact with a cable 
grounded at a remote location can experience hazardous potential 
differences if the cable becomes energized or if a fault occurs on a 
different, but nearby, energized cable. The fault current causes 
potential gradients in the earth, and a potential difference will exist 
between the earth where the worker is standing and the earth where the 
cable is grounded. Consequently, to create an equipotential zone for the 
worker, the employer must provide a means of connecting the deenergized 
cable to

[[Page 513]]

ground at the worksite by having the worker stand on a conductive mat 
bonded to the deenergized cable. If the cable is cut, the employer must 
install a bond across the opening in the cable or install one bond on 
each side of the opening to ensure that the separate cable ends are at 
the same potential. The employer must protect the worker from any 
hazardous differences in potential any time there is no bond between the 
mat and the cable (for example, before the worker installs the bonds).
    3. Other safety-related considerations. To ensure that the grounding 
system is safe and effective, the employer should also consider the 
following factors: \5\
---------------------------------------------------------------------------

    \5\ This appendix only discusses factors that relate to ensuring an 
equipotential zone for employees. The employer must consider other 
factors in selecting a grounding system that is capable of conducting 
the maximum fault current that could flow at the point of grounding for 
the time necessary to clear the fault, as required by Sec.  
1926.962(d)(1)(i). IEEE Std 1048-2003 contains guidelines for selecting 
and installing grounding equipment that will meet Sec.  
1926.962(d)(1)(i).
---------------------------------------------------------------------------

    i. Maintenance of grounding equipment. It is essential that the 
employer properly maintain grounding equipment. Corrosion in the 
connections between grounding cables and clamps and on the clamp surface 
can increase the resistance of the cable, thereby increasing potential 
differences. In addition, the surface to which a clamp attaches, such as 
a conductor or tower member, must be clean and free of corrosion and 
oxidation to ensure a low-resistance connection. Cables must be free of 
damage that could reduce their current-carrying capacity so that they 
can carry the full fault current without failure. Each clamp must have a 
tight connection to the cable to ensure a low resistance and to ensure 
that the clamp does not separate from the cable during a fault.
    ii. Grounding cable length and movement. The electromagnetic forces 
on grounding cables during a fault increase with increasing cable 
length. These forces can cause the cable to move violently during a 
fault and can be high enough to damage the cable or clamps and cause the 
cable to fail. In addition, flying cables can injure workers. 
Consequently, cable lengths should be as short as possible, and 
grounding cables that might carry high fault current should be in 
positions where the cables will not injure workers during a fault.



  Sec. Appendix D to Subpart V of Part 1926--Methods of Inspecting and 
                           Testing Wood Poles

                             I. Introduction

    When employees are to perform work on a wood pole, it is important 
to determine the condition of the pole before employees climb it. The 
weight of the employee, the weight of equipment to be installed, and 
other working stresses (such as the removal or retensioning of 
conductors) can lead to the failure of a defective pole or a pole that 
is not designed to handle the additional stresses.\1\ For these reasons, 
it is essential that, before an employee climbs a wood pole, the 
employer ascertain that the pole is capable of sustaining the stresses 
of the work. The determination that the pole is capable of sustaining 
these stresses includes an inspection of the condition of the pole.
---------------------------------------------------------------------------

    \1\ A properly guyed pole in good condition should, at a minimum, be 
able to handle the weight of an employee climbing it.
---------------------------------------------------------------------------

    If the employer finds the pole to be unsafe to climb or to work 
from, the employer must secure the pole so that it does not fail while 
an employee is on it. The employer can secure the pole by a line truck 
boom, by ropes or guys, or by lashing a new pole alongside it. If a new 
one is lashed alongside the defective pole, employees should work from 
the new one.

                        II. Inspecting Wood Poles

    A qualified employee should inspect wood poles for the following 
conditions:\2\
---------------------------------------------------------------------------

    \2\ The presence of any of these conditions is an indication that 
the pole may not be safe to climb or to work from. The employee 
performing the inspection must be qualified to make a determination as 
to whether it is safe to perform the work without taking additional 
precautions.
---------------------------------------------------------------------------

    A. General condition. Buckling at the ground line or an unusual 
angle with respect to the ground may indicate that the pole has rotted 
or is broken.
    B. Cracks. Horizontal cracks perpendicular to the grain of the wood 
may weaken the pole. Vertical cracks, although not normally considered 
to be a sign of a defective pole, can pose a hazard to the climber, and 
the employee should keep his or her gaffs away from them while climbing.
    C. Holes. Hollow spots and woodpecker holes can reduce the strength 
of a wood pole.
    D. Shell rot and decay. Rotting and decay are cutout hazards and 
possible indications of the age and internal condition of the pole.
    E. Knots. One large knot or several smaller ones at the same height 
on the pole may be evidence of a weak point on the pole.
    F. Depth of setting. Evidence of the existence of a former ground 
line substantially

[[Page 514]]

above the existing ground level may be an indication that the pole is no 
longer buried to a sufficient depth.
    G. Soil conditions. Soft, wet, or loose soil around the base of the 
pole may indicate that the pole will not support any change in stress.
    H. Burn marks. Burning from transformer failures or conductor faults 
could damage the pole so that it cannot withstand changes in mechanical 
stress.

                         III. Testing Wood Poles

    The following tests, which are from Sec.  1910.268(n)(3) of this 
chapter, are acceptable methods of testing wood poles:
    A. Hammer test. Rap the pole sharply with a hammer weighing about 
1.4 kg (3 pounds), starting near the ground line and continuing upwards 
circumferentially around the pole to a height of approximately 1.8 
meters (6 feet). The hammer will produce a clear sound and rebound 
sharply when striking sound wood. Decay pockets will be indicated by a 
dull sound or a less pronounced hammer rebound. Also, prod the pole as 
near the ground line as possible using a pole prod or a screwdriver with 
a blade at least 127 millimeters (5 inches) long. If substantial decay 
is present, the pole is unsafe.
    B. Rocking test. Apply a horizontal force to the pole and attempt to 
rock it back and forth in a direction perpendicular to the line. 
Exercise caution to avoid causing power lines to swing together. Apply 
the force to the pole either by pushing it with a pike pole or pulling 
the pole with a rope. If the pole cracks during the test, it is unsafe.



 Sec. Appendix E to Subpart V of Part 1926--Protection From Flames and 
                              Electric Arcs

                             I. Introduction

    Paragraph (g) of Sec.  1926.960 addresses protecting employees from 
flames and electric arcs. This paragraph requires employers to: (1) 
Assess the workplace for flame and electric-arc hazards (paragraph 
(g)(1)); (2) estimate the available heat energy from electric arcs to 
which employees would be exposed (paragraph (g)(2)); (3) ensure that 
employees wear clothing that will not melt, or ignite and continue to 
burn, when exposed to flames or the estimated heat energy (paragraph 
(g)(3)); and (4) ensure that employees wear flame-resistant clothing \1\ 
and protective clothing and other protective equipment that has an arc 
rating greater than or equal to the available heat energy under certain 
conditions (paragraphs (g)(4) and (g)(5)). This appendix contains 
information to help employers estimate available heat energy as required 
by Sec.  1926.960(g)(2), select protective clothing and other protective 
equipment with an arc rating suitable for the available heat energy as 
required by Sec.  1926.960(g)(5), and ensure that employees do not wear 
flammable clothing that could lead to burn injury as addressed by 
Sec. Sec.  1926.960(g)(3) and (g)(4).
---------------------------------------------------------------------------

    \1\ Flame-resistant clothing includes clothing that is inherently 
flame resistant and clothing chemically treated with a flame retardant. 
(See ASTM F1506-10a, Standard Performance Specification for Flame 
Resistant Textile Materials for Wearing Apparel for Use by Electrical 
Workers Exposed to Momentary Electric Arc and Related Thermal Hazards, 
and ASTM F1891-12 Standard Specification for Arc and Flame Resistant 
Rainwear.)
---------------------------------------------------------------------------

     II. Assessing the Workplace for Flame and Electric-Arc Hazards

    Paragraph (g)(1) of Sec.  1926.960 requires the employer to assess 
the workplace to identify employees exposed to hazards from flames or 
from electric arcs. This provision ensures that the employer evaluates 
employee exposure to flames and electric arcs so that employees who face 
such exposures receive the required protection. The employer must 
conduct an assessment for each employee who performs work on or near 
exposed, energized parts of electric circuits.

                        A. Assessment Guidelines

    Sources electric arcs. Consider possible sources of electric arcs, 
including:
     Energized circuit parts not guarded or insulated,
     Switching devices that produce electric arcs in 
normal operation,
     Sliding parts that could fault during operation 
(for example, rack-mounted circuit breakers), and
     Energized electric equipment that could fail (for 
example, electric equipment with damaged insulation or with evidence of 
arcing or overheating).
    Exposure to flames. Identify employees exposed to hazards from 
flames. Factors to consider include:
     The proximity of employees to open flames, and
     For flammable material in the work area, whether 
there is a reasonable likelihood that an electric arc or an open flame 
can ignite the material.
    Probability that an electric arc will occur. Identify employees 
exposed to electric-arc hazards. The Occupational Safety and Health 
Administration will consider an employee exposed to electric-arc hazards 
if there is a reasonable likelihood that an electric arc will occur in 
the employee's work area, in other words, if the probability of such an 
event is higher than it is for the normal operation of enclosed 
equipment. Factors to consider include:

[[Page 515]]

     For energized circuit parts not guarded or 
insulated, whether conductive objects can come too close to or fall onto 
the energized parts,
     For exposed, energized circuit parts, whether the 
employee is closer to the part than the minimum approach distance 
established by the employer (as permitted by Sec.  1926.960(c)(1)(iii)).
     Whether the operation of electric equipment with 
sliding parts that could fault during operation is part of the normal 
operation of the equipment or occurs during servicing or maintenance, 
and
     For energized electric equipment, whether there 
is evidence of impending failure, such as evidence of arcing or 
overheating.

                               B. Examples

    Table 1 provides task-based examples of exposure assessments.

                                 Table 1--Example Assessments for Various Tasks
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                   Task                                    Is employee exposed to flame or
                                                                            electric-arc hazard?
--------------------------------------------------------------------------
Normal operation of enclosed equipment,   The employer properly installs   No.
 such as closing or opening a switch.      and maintains enclosed
                                           equipment, and there is no
                                           evidence of impending failure.
                                          There is evidence of arcing or   Yes.
                                           overheating.
                                          Parts of the equipment are       Yes.
                                           loose or sticking, or the
                                           equipment otherwise exhibits
                                           signs of lack of maintenance.
--------------------------------------------------------------------------
Servicing electric equipment, such as racking in a circuit breaker or      Yes.
 replacing a switch.
-----------------------------------------
Inspection of electric equipment with     The employee is not holding      No.
 exposed energized parts.                  conductive objects and remains
                                           outside the minimum approach
                                           distance established by the
                                           employer.
                                          The employee is holding a        Yes.
                                           conductive object, such as a
                                           flashlight, that could fall or
                                           otherwise contact energized
                                           parts (irrespective of whether
                                           the employee maintains the
                                           minimum approach distance).
                                          The employee is closer than the  Yes.
                                           minimum approach distance
                                           established by the employer
                                           (for example, when wearing
                                           rubber insulating gloves or
                                           rubber insulating gloves and
                                           sleeves).
--------------------------------------------------------------------------
Using open flames, for example, in wiping cable splice sleeves...........  Yes.
----------------------------------------------------------------------------------------------------------------

                   III. Protection Against Burn Injury

                   A. Estimating Available Heat Energy

    Calculation methods. Paragraph (g)(2) of Sec.  1926.960 provides 
that, for each employee exposed to an electric-arc hazard, the employer 
must make a reasonable estimate of the heat energy to which the employee 
would be exposed if an arc occurs. Table 2 lists various methods of 
calculating values of available heat energy from an electric circuit. 
The Occupational Safety and Health Administration does not endorse any 
of these specific methods. Each method requires the input of various 
parameters, such as fault current, the expected length of the electric 
arc, the distance from the arc to the employee, and the clearing time 
for the fault (that is, the time the circuit protective devices take to 
open the circuit and clear the fault). The employer can precisely 
determine some of these parameters, such as the fault current and the 
clearing time, for a given system. The employer will need to estimate 
other parameters, such as the length of the arc and the distance between 
the arc and the employee, because such parameters vary widely.

[[Page 516]]



  Table 2--Methods of Calculating Incident Heat Energy From an Electric
                                   Arc
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
1. Standard for Electrical Safety Requirements for Employee Workplaces,
 NFPA 70E-2012, Annex D, ``Sample Calculation of Flash Protection
 Boundary.''
2. Doughty, T.E., Neal, T.E., and Floyd II, H.L., ``Predicting Incident
 Energy to Better Manage the Electric Arc Hazard on 600 V Power
 Distribution Systems,'' Record of Conference Papers IEEE IAS 45th
 Annual Petroleum and Chemical Industry Conference, September 28--30,
 1998.
3. Guide for Performing Arc-Flash Hazard Calculations, IEEE Std 1584-
 2002, 1584a--2004 (Amendment 1 to IEEE Std 1584-2002), and 1584b-2011
 (Amendment 2: Changes to Clause 4 of IEEE Std 1584-2002). *
4. ARCPRO, a commercially available software program developed by
 Kinectrics, Toronto, ON, CA.
* This appendix refers to IEEE Std 1584-2002 with both amendments as
 IEEE Std 1584b-2011.
------------------------------------------------------------------------

    The amount of heat energy calculated by any of the methods is 
approximatelyinversely proportional to the square of the distance 
between the employee and the arc. In other words, if the employee is 
very close to the arc, the heat energy is very high; but if the employee 
is just a few more centimeters away, the heat energy drops 
substantially. Thus, estimating the distance from the arc to the 
employee is key to protecting employees.
    The employer must select a method of estimating incident heat energy 
that provides a reasonable estimate of incident heat energy for the 
exposure involved. Table 3 shows which methods provide reasonable 
estimates for various exposures.

                                         Table 3--Selecting a Reasonable Incident-Energy Calculation Method \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     600 V and Less \2\            601 V to 15 kV \2\              More than 15 kV
              Incident-energy calculation method               -----------------------------------------------------------------------------------------
                                                                 1[Phi]    3[Phi]a   3[Phi]b   1[Phi]    3[Phi]a   3[Phi]b   1[Phi]    3[Phi]a   3[Phi]b
--------------------------------------------------------------------------------------------------------------------------------------------------------
NFPA 70E-2012 Annex D (Lee equation)..........................       Y-C        Y         N        Y-C       Y-C        N     N \3\     N \3\     N \3\
Doughty, Neal, and Floyd......................................       Y-C        Y         Y         N         N         N         N         N         N
IEEE Std 1584b-2011...........................................        Y         Y         Y         Y         Y         Y         N         N         N
ARCPRO........................................................        Y         N         N         Y         N         N         Y     Y \4\     Y \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key:
1[Phi]: Single-phase arc in open air
3[Phi]a: Three-phase arc in open air
3[Phi]b: Three-phase arc in an enclosure (box)
Y: Acceptable; produces a reasonable estimate of incident heat energy from this type of electric arc
N: Not acceptable; does not produce a reasonable estimate of incident heat energy from this type of electric arc
Y-C: Acceptable; produces a reasonable, but conservative, estimate of incident heat energy from this type of electric arc.
Notes:\1\ Although the Occupational Safety and Health Administration will consider these methods reasonable for enforcement purposes when employers use
  the methods in accordance with this table, employers should be aware that the listed methods do not necessarily result in estimates that will provide
  full protection from internal faults in transformers and similar equipment or from arcs in underground manholes or vaults.
\2\ At these voltages, the presumption is that the arc is three-phase unless the employer can demonstrate that only one phase is present or that the
  spacing of the phases is sufficient to prevent a multiphase arc from occurring.
\3\ Although the Occupational Safety and Health Administration will consider this method acceptable for purposes of assessing whether incident energy
  exceeds 2.0 cal/cm\2\, the results at voltages of more than 15 kilovolts are extremely conservative and unrealistic.
\4\The Occupational Safety and Health Administration will deem the results of this method reasonable when the employer adjusts them using the conversion
  factors for three-phase arcs in open air or in an enclosure, as indicated in the program's instructions.

    Selecting a reasonable distance from the employee to the arc. In 
estimating available heat energy, the employer must make some reasonable 
assumptions about how far the employee will be from the electric arc. 
Table 4 lists reasonable distances from the employee to the electric 
arc. The distances in Table 4 are consistent with national consensus 
standards, such as the Institute of Electrical and Electronic Engineers' 
National Electrical Safety Code, ANSI/IEEE C2-2012, and IEEE Guide for 
Performing Arc-Flash Hazard Calculations, IEEE Std 1584b-2011. The 
employer is free to use other reasonable distances, but must consider 
equipment enclosure size and the working distance to the employee in 
selecting a distance from the employee to the arc. The Occupational 
Safety and Health Administration will consider a distance reasonable 
when the employer bases it on equipment size and working distance.

[[Page 517]]



    Table 4--Selecting a Reasonable Distance from the Employee to the
                              Electric Arc
------------------------------------------------------------------------
                                   Single-phase arc   Three-phase arc mm
       Class of equipment             mm (inches)          (inches)
------------------------------------------------------------------------
Cable...........................  NA *..............            455 (18)
Low voltage MCCs and panelboards  NA................            455 (18)
Low-voltage switchgear..........  NA................            610 (24)
5-kV switchgear.................  NA................            910 (36)
15-kV switchgear................  NA................            910 (36)
Single conductors in air (up to   380 (15)..........                  NA
 46 kilovolts), work with rubber
 insulating gloves.
Single conductors in air, work    MAD-(2 x kV x                       NA
 with live-line tools and live-    2.54).
 line barehand work.              (MAD-(2 x kV/10))
                                   [dagger].
------------------------------------------------------------------------
* NA = not applicable.
[dagger] The terms in this equation are:
MAD = The applicable minimum approach distance, and
kV = The system voltage in kilovolts.

    Selecting a reasonable arc gap. For a single-phase arc in air, the 
electric arc will almost always occur when an energized conductor 
approaches too close to ground. Thus, an employer can determine the arc 
gap, or arc length, for these exposures by the dielectric strength of 
air and the voltage on the line. The dielectric strength of air is 
approximately 10 kilovolts for every 25.4 millimeters (1 inch). For 
example, at 50 kilovolts, the arc gap would be 50 / 10 x 25.4 (or 50 x 
2.54), which equals 127 millimeters (5 inches).
    For three-phase arcs in open air and in enclosures, the arc gap will 
generally be dependent on the spacing between parts energized at 
different electrical potentials. Documents such as IEEE Std 1584b-2011 
provide information on these distances. Employers may select a 
reasonable arc gap from Table 5, or they may select any other reasonable 
arc gap based on sparkover distance or on the spacing between (1) live 
parts at different potentials or (2) live parts and grounded parts (for 
example, bus or conductor spacings in equipment). In any event, the 
employer must use an estimate that reasonably resembles the actual 
exposures faced by the employee.

                                     Table 5--Selecting a Reasonable Arc Gap
----------------------------------------------------------------------------------------------------------------
                                                                                       Three-phase arc mm \1\
              Class of equipment                  Single-phase arc mm (inches)                (inches)
----------------------------------------------------------------------------------------------------------------
Cable........................................  NA \2\............................                       13 (0.5)
Low voltage MCCs and panelboards.............  NA................................                       25 (1.0)
Low-voltage switchgear.......................  NA................................                      32 (1.25)
5-kV switchgear..............................  NA................................                      104 (4.0)
15-kV switchgear.............................  NA................................                      152 (6.0)
Single conductors in air, 15 kV and less.....  51 (2.0)..........................      Phase conductor spacings.
Single conductor in air, more than 15 kV.....  Voltage in kV x 2.54..............
                                               (Voltage in kV x 0.1), but no less      Phase conductor spacings.
                                                than 51 mm (2 inches)
----------------------------------------------------------------------------------------------------------------
\1\ Source: IEEE Std 1584b-2011.
\2\ NA = not applicable.

    Making estimates over multiple system areas. The employer need not 
estimate the heat-energy exposure for every job task performed by each 
employee. Paragraph (g)(2) of Sec.  1926.960 permits the employer to 
make broad estimates that cover multiple system areas provided that: (1) 
The employer uses reasonable assumptions about the energy-exposure 
distribution throughout the system, and (2) the estimates represent the 
maximum exposure for those areas. For example, the employer can use the 
maximum fault current and clearing time to cover several system areas at 
once.
    Incident heat energy for single-phase-to-ground exposures. Table 6 
and Table 7 provide incident heat energy levels for open-air, phase-to-
ground electric-arc exposures typical for overhead systems.\2\ Table 6 
presents estimates of available energy for employees using rubber 
insulating gloves to perform work on overhead systems operating at 4 to 
46 kilovolts. The table assumes that the employee will be 380 
millimeters (15 inches) from the electric arc, which is a reasonable

[[Page 518]]

estimate for rubber insulating glove work. Table 6 also assumes that the 
arc length equals the sparkover distance for the maximum transient 
overvoltage of each voltage range.\3\ To use the table, an employer 
would use the voltage, maximum fault current, and maximum clearing time 
for a system area and, using the appropriate voltage range and fault-
current and clearing-time values corresponding to the next higher values 
listed in the table, select the appropriate heat energy (4, 5, 8, or 12 
cal/cm\2\) from the table. For example, an employer might have a 12,470-
volt power line supplying a system area. The power line can supply a 
maximum fault current of 8 kiloamperes with a maximum clearing time of 
10 cycles. For rubber glove work, this system falls in the 4.0-to-15.0-
kilovolt range; the next-higher fault current is 10 kA (the second row 
in that voltage range); and the clearing time is under 18 cycles (the 
first column to the right of the fault current column). Thus, the 
available heat energy for this part of the system will be 4 cal/cm\2\ or 
less (from the column heading), and the employer could select protection 
with a 5-cal/cm\2\ rating to meet Sec.  1926.960(g)(5). Alternatively, 
an employer could select a base incident-energy value and ensure that 
the clearing times for each voltage range and fault current listed in 
the table do not exceed the corresponding clearing time specified in the 
table. For example, an employer that provides employees with arc-flash 
protective equipment rated at 8 cal/cm\2\ can use the table to determine 
if any system area exceeds 8 cal/cm\2\ by checking the clearing time for 
the highest fault current for each voltage range and ensuring that the 
clearing times do not exceed the values specified in the 8-cal/cm\2\ 
column in the table.
---------------------------------------------------------------------------

    \2\ The Occupational Safety and Health Administration used metric 
values to calculate the clearing times in Table 6 and Table 7. An 
employer may use English units to calculate clearing times instead even 
though the results will differ slightly.
    \3\ The Occupational Safety and Health Administration based this 
assumption, which is more conservative than the arc length specified in 
Table 5, on Table 410-2 of the 2012 NESC.
---------------------------------------------------------------------------

    Table 7 presents similar estimates for employees using live-line 
tools to perform work on overhead systems operating at voltages of 4 to 
800 kilovolts. The table assumes that the arc length will be equal to 
the sparkover distance \4\ and that the employee will be a distance from 
the arc equal to the minimum approach distance minus twice the sparkover 
distance.
---------------------------------------------------------------------------

    \4\ The dielectric strength of air is about 10 kilovolts for every 
25.4 millimeters (1 inch). Thus, the employer can estimate the arc 
length in millimeters to be the phase-to-ground voltage in kilovolts 
multiplied by 2.54 (or voltage (in kilovolts) x 2.54).
---------------------------------------------------------------------------

    The employer will need to use other methods for estimating available 
heat energy in situations not addressed by Table 6 or Table 7. The 
calculation methods listed in Table 2 and the guidance provided in Table 
3 will help employers do this. For example, employers can use IEEE Std 
1584b-2011 to estimate the available heat energy (and to select 
appropriate protective equipment) for many specific conditions, 
including lower-voltage, phase-to-phase arc, and enclosed arc exposures.

Table 6--Incident Heat Energy for Various Fault Currents, Clearing Times, and Voltages of 4.0 to 46.0 kV: Rubber
         Insulating Glove Exposures Involving Phase-to-Ground Arcs in Open Air Only * [dagger] [Dagger]
----------------------------------------------------------------------------------------------------------------
                                                                  Maximum clearing time (cycles)
      Voltage range (kV) **        Fault current ---------------------------------------------------------------
                                       (kA)         4 cal/cm\2\     5 cal/cm\2\     8 cal/cm\2\    12 cal/cm\2\
----------------------------------------------------------------------------------------------------------------
4.0 to 15.0.....................               5              46              58              92             138
                                              10              18              22              36              54
                                              15              10              12              20              30
                                              20               6               8              13              19
15.1 to 25.0....................               5              28              34              55              83
                                              10              11              14              23              34
                                              15               7               8              13              20
                                              20               4               5               9              13
25.1 to 36.0....................               5              21              26              42              62
                                              10               9              11              18              26
                                              15               5               6              10              16
                                              20               4               4               7              11
36.1 to 46.0....................               5              16              20              32              48
                                              10               7               9              14              21
                                              15               4               5               8              13
                                              20               3               4               6               9
----------------------------------------------------------------------------------------------------------------
Notes:
* This table is for open-air, phase-to-ground electric-arc exposures. It is not for phase-to-phase arcs or
  enclosed arcs (arc in a box).
[dagger] The table assumes that the employee will be 380 mm (15 in.) from the electric arc. The table also
  assumes the arc length to be the sparkover distance for the maximum transient overvoltage of each voltage
  range (see Appendix B to this subpart), as follows:
 

[[Page 519]]

 
4.0 to 15.0 kV 51 mm (2 in.)
15.1 to 25.0 kV 102 mm (4 in.)
25.1 to 36.0 kV 152 mm (6 in.)
36.1 to 46.0 kV 229 mm (9 in.)
 
[Dagger] The Occupational Safety and Health Administration calculated the values in this table using the ARCPRO
  method listed in Table 2.
** The voltage range is the phase-to-phase system voltage.


Table 7--Incident Heat Energy for Various Fault Currents, Clearing Times, and Voltages: Live-Line Tool Exposures
                      Involving Phase-to-Ground Arcs in Open Air Only * [dagger] [Dagger] 
----------------------------------------------------------------------------------------------------------------
                                                                  Maximum clearing time (cycles)
      Voltage range (kV) **        Fault current ---------------------------------------------------------------
                                       (kA)         4 cal/cm\2\     5 cal/cm\2\     8 cal/cm\2\    12 cal/cm\2\
----------------------------------------------------------------------------------------------------------------
4.0 to 15.0.....................               5             197             246             394             591
                                              10              73              92             147             220
                                              15              39              49              78             117
                                              20              24              31              49              73
15.1 to 25.0....................               5             197             246             394             591
                                              10              75              94             150             225
                                              15              41              51              82             122
                                              20              26              33              52              78
25.1 to 36.0....................               5             138             172             275             413
                                              10              53              66             106             159
                                              15              30              37              59              89
                                              20              19              24              38              58
36.1 to 46.0....................               5             129             161             257             386
                                              10              51              64             102             154
                                              15              29              36              58              87
                                              20              19              24              38              57
46.1 to 72.5....................              20              18              23              36              55
                                              30              10              13              20              30
                                              40               6               8              13              19
                                              50               4               6               9              13
72.6 to 121.0...................              20              10              12              20              30
                                              30               6               7              11              17
                                              40               4               5               7              11
                                              50               3               3               5               8
121.1 to 145.0..................              20              12              15              24              35
                                              30               7               9              15              22
                                              40               5               6              10              15
                                              50               4               5               8              11
145.1 to 169.0..................              20              12              15              24              36
                                              30               7               9              15              22
                                              40               5               7              10              16
                                              50               4               5               8              12
169.1 to 242.0..................              20              13              17              27              40
                                              30               8              10              17              25
                                              40               6               7              12              17
                                              50               4               5               9              13
242.1 to 362.0..................              20              25              32              51              76
                                              30              16              19              31              47
                                              40              11              14              22              33
                                              50               8              10              16              25
362.1 to 420.0..................              20              12              15              25              37
                                              30               8              10              15              23
                                              40               5               7              11              16
                                              50               4               5               8              12
420.1 to 550.0..................              20              23              29              47              70
                                              30              14              18              29              43
                                              40              10              13              20              30
                                              50               8               9              15              23
550.1 to 800.0..................              20              25              31              50              75
                                              30              15              19              31              46
                                              40              11              13              21              32
                                              50               8              10              16              24
----------------------------------------------------------------------------------------------------------------
Notes:
* This table is for open-air, phase-to-ground electric-arc exposures. It is not for phase-to-phase arcs or
  enclosed arcs (arc in a box).
[dagger] The table assumes the arc length to be the sparkover distance for the maximum phase-to-ground voltage
  of each voltage range (see Appendix B to this subpart). The table also assumes that the employee will be the
  minimum approach distance minus twice the arc length from the electric arc.
[Dagger] The Occupational Safety and Health Administration calculated the values in this table using the ARCPRO
  method listed in Table 2.
 For voltages of more than 72.6 kV, employers may use this table only when the minimum approach distance
  established under Sec.   1926.960(c)(1) is greater than or equal to the following values:

[[Page 520]]

 
72.6 to 121.0 kV 1.02 m
121.1 to 145.0 kV 1.16 m
145.1 to 169.0 kV 1.30 m
169.1 to 242.0 kV 1.72 m
242.1 to 362.0 kV 2.76 m
362.1 to 420.0 kV 2.50 m
420.1 to 550.0 kV 3.62 m
550.1 to 800.0 kV 4.83 m
** The voltage range is the phase-to-phase system voltage.

     B. Selecting Protective Clothing and Other Protective Equipment

    Paragraph (g)(5) of Sec.  1926.960 requires employers, in certain 
situations, to select protective clothing and other protective equipment 
with an arc rating that is greater than or equal to the incident heat 
energy estimated under Sec.  1926.960(g)(2). Based on laboratory testing 
required by ASTM F1506-10a, the expectation is that protective clothing 
with an arc rating equal to the estimated incident heat energy will be 
capable of preventing second-degree burn injury to an employee exposed 
to that incident heat energy from an electric arc. Note that actual 
electric-arc exposures may be more or less severe than the estimated 
value because of factors such as arc movement, arc length, arcing from 
reclosing of the system, secondary fires or explosions, and weather 
conditions. Additionally, for arc rating based on the fabric's arc 
thermal performance value \5\ (ATPV), a worker exposed to incident 
energy at the arc rating has a 50-percent chance of just barely 
receiving a second-degree burn. Therefore, it is possible (although not 
likely) that an employee will sustain a second-degree (or worse) burn 
wearing clothing conforming to Sec.  1926.960(g)(5) under certain 
circumstances. However, reasonable employer estimates and maintaining 
appropriate minimum approach distances for employees should limit burns 
to relatively small burns that just barely extend beyond the epidermis 
(that is, just barely a second-degree burn). Consequently, protective 
clothing and other protective equipment meeting Sec.  1926.960(g)(5) 
will provide an appropriate degree of protection for an employee exposed 
to electric-arc hazards.
---------------------------------------------------------------------------

    \5\ ASTM F1506-10a defines ``arc thermal performance value'' as 
``the incident energy on a material or a multilayer system of materials 
that results in a 50% probability that sufficient heat transfer through 
the tested specimen is predicted to cause the onset of a second-degree 
skin burn injury based on the Stoll [footnote] curve, cal/cm\2\.'' The 
footnote to this definition reads: ``Derived from: Stoll, A.M., and 
Chianta, M.A., `Method and Rating System for Evaluations of Thermal 
Protection,' Aerospace Medicine, Vol 40, 1969, pp. 1232-1238 and Stoll 
A.M., and Chianta, M.A., `Heat Transfer through Fabrics as Related to 
Thermal Injury,' Transactions--New York Academy of Sciences, Vol 33(7), 
Nov. 1971, pp. 649-670.''
---------------------------------------------------------------------------

    Paragraph (g)(5) of Sec.  1926.960 does not require arc-rated 
protection for exposures of 2 cal/cm\2\ or less. Untreated cotton 
clothing will reduce a 2-cal/cm\2\ exposure below the 1.2- to 1.5-cal/
cm\2\ level necessary to cause burn injury, and this material should not 
ignite at such low heat energy levels. Although Sec.  1926.960(g)(5) 
does not require clothing to have an arc rating when exposures are 2 
cal/cm\2\ or less, Sec.  1926.960(g)(4) requires the outer layer of 
clothing to be flame resistant under certain conditions, even when the 
estimated incident heat energy is less than 2 cal/cm\2\, as discussed 
later in this appendix. Additionally, it is especially important to 
ensure that employees do not wear undergarments made from fabrics listed 
in the note to Sec.  1926.960(g)(3) even when the outer layer is flame 
resistant or arc rated. These fabrics can melt or ignite easily when an 
electric arc occurs. Logos and name tags made from non-flame-resistant 
material can adversely affect the arc rating or the flame-resistant 
characteristics of arc-rated or flame-resistant clothing. Such logos and 
name tags may violate Sec.  1926.960(g)(3), (g)(4), or (g)(5).
    Paragraph (g)(5) of Sec.  1926.960 requires that arc-rated 
protection cover the employee's entire body, with limited exceptions for 
the employee's hands, feet, face, and head. Paragraph (g)(5)(i) of Sec.  
1926.960 provides that arc-rated protection is not necessary for the 
employee's hands under the following conditions:

For any estimated incident heat energy....  When the employee is wearing
                                             rubber insulating gloves
                                             with protectors
If the estimated incident heat energy does  When the employee is wearing
 not exceed 14 cal/cm\2\.                    heavy-duty leather work
                                             gloves with a weight of at
                                             least 407 gm/m\2\ (12 oz/
                                             yd\2\)
 

    Paragraph (g)(5)(ii) of Sec.  1926.960 provides that arc-rated 
protection is not necessary for the employee's feet when the employee is 
wearing heavy-duty work shoes or boots. Finally, Sec.  
1926.960(g)(5)(iii), (g)(5)(iv), and (g)(5)(v) require arc-rated head 
and face protection as follows:

[[Page 521]]



----------------------------------------------------------------------------------------------------------------
                                                          Minimum head and face protection
                                  ------------------------------------------------------------------------------
                                                         Arc-rated faceshield
             Exposure                                       with a minimum     Arc-rated hood or faceshield with
                                          None *           rating of 8 cal/                balaclava
                                                                cm\2\ *
----------------------------------------------------------------------------------------------------------------
Single-phase, open air...........  2-8 cal/cm\2\.......  9-12 cal/cm\2\......  13 cal/\2\ or higher.[dagger]
Three-phase......................  2-4 cal/cm\2\.......  5-8 cal/cm\2\.......  9 cal/cm\2\ or higher.[Dagger]
----------------------------------------------------------------------------------------------------------------
* These ranges assume that employees are wearing hardhats meeting the specifications in Sec.   1910.135 or Sec.
   1926.100(b)(2), as applicable.
[dagger] The arc rating must be a minimum of 4 cal/cm\2\ less than the estimated incident energy. Note that Sec.
    1926.960(g)(5)(v) permits this type of head and face protection, with a minimum arc rating of 4 cal/cm\2\
  less than the estimated incident energy, at any incident energy level.
[Dagger] Note that Sec.   1926.960(g)(5) permits this type of head and face protection at any incident energy
  level.

                     IV. Protection Against Ignition

    Paragraph (g)(3) of Sec.  1926.960 prohibits clothing that could 
melt onto an employee's skin or that could ignite and continue to burn 
when exposed to flames or to the available heat energy estimated by the 
employer under Sec.  1926.960(g)(2). Meltable fabrics, such as acetate, 
nylon, polyester, and polypropylene, even in blends, must be avoided. 
When these fibers melt, they can adhere to the skin, thereby 
transferring heat rapidly, exacerbating burns, and complicating 
treatment. These outcomes can result even if the meltable fabric is not 
directly next to the skin. The remainder of this section focuses on the 
prevention of ignition.
    Paragraph (g)(5) of Sec.  1926.960 generally requires protective 
clothing and other protective equipment with an arc rating greater than 
or equal to the employer's estimate of available heat energy. As 
explained earlier in this appendix, untreated cotton is usually 
acceptable for exposures of 2 cal/cm\2\ or less.\6\ If the exposure is 
greater than that, the employee generally must wear flame-resistant 
clothing with a suitable arc rating in accordance with Sec.  
1926.960(g)(4) and (g)(5). However, even if an employee is wearing a 
layer of flame-resistant clothing, there are circumstances under which 
flammable layers of clothing would be uncovered, and an electric arc 
could ignite them. For example, clothing ignition is possible if the 
employee is wearing flammable clothing under the flame-resistant 
clothing and the underlayer is uncovered because of an opening in the 
flame-resistant clothing. Thus, for purposes of Sec.  1926.960(g)(3), it 
is important for the employer to consider the possibility of clothing 
ignition even when an employee is wearing flame-resistant clothing with 
a suitable arc rating.
---------------------------------------------------------------------------

    \6\ See Sec.  1926.960(g)(4)(i), (g)(4)(ii), and (g)(4)(iii) for 
conditions under which employees must wear flame-resistant clothing as 
the outer layer of clothing even when the incident heat energy does not 
exceed 2 cal/cm\2\.
---------------------------------------------------------------------------

    Under Sec.  1926.960(g)(3), employees may not wear flammable 
clothing in conjunction with flame-resistant clothing if the flammable 
clothing poses an ignition hazard.\7\ Although outer flame-resistant 
layers may not have openings that expose flammable inner layers, when an 
outer flame-resistant layer would be unable to resist breakopen,\8\ the 
next (inner) layer must be flame-resistant if it could ignite.
---------------------------------------------------------------------------

    \7\ Paragraph (g)(3) of Sec.  1926.960 prohibits clothing that could 
ignite and continue to burn when exposed to the heat energy estimated 
under paragraph (g)(2) of that section.
    \8\ Breakopen occurs when a hole, tear, or crack develops in the 
exposed fabric such that the fabric no longer effectively blocks 
incident heat energy.
---------------------------------------------------------------------------

    Non-flame-resistant clothing can ignite even when the heat energy 
from an electric arc is insufficient to ignite the clothing. For 
example, nearby flames can ignite an employee's clothing; and, even in 
the absence of flames, electric arcs pose ignition hazards beyond the 
hazard of ignition from incident energy under certain conditions. In 
addition to requiring flame-resistant clothing when the estimated 
incident energy exceeds 2.0 cal/cm\2\, Sec.  1926.960(g)(4) requires 
flame-resistant clothing when: The employee is exposed to contact with 
energized circuit parts operating at more than 600 volts (Sec.  
1926.960(g)(4)(i)), an electric arc could ignite flammable material in 
the work area that, in turn, could ignite the employee's clothing (Sec.  
1926.960(g)(4)(ii)), and molten metal or electric arcs from faulted 
conductors in the work area could ignite the employee's clothing (Sec.  
1926.960(g)(4)(iii)). For example, grounding conductors can become a 
source of heat energy if they cannot carry fault current without 
failure. The employer must consider these possible sources of electric 
arcs \9\ in determining whether the employee's clothing could ignite 
under Sec.  1926.960(g)(4)(iii).
---------------------------------------------------------------------------

    \9\ Static wires and pole grounds are examples of grounding 
conductors that might not be capable of carrying fault current without 
failure. Grounds that can carry the maximum available fault current are 
not a concern, and employers need not consider such grounds a possible 
electric arc source.

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

[[Page 522]]



 Sec. Appendix F to Subpart V of Part 1926--Work-Positioning Equipment 
                          Inspection Guidelines

                              I. Body Belts

    Inspect body belts to ensure that:
    A. The hardware has no cracks, nicks, distortion, or corrosion;
    B. No loose or worn rivets are present;
    C. The waist strap has no loose grommets;
    D. The fastening straps are not 100-percent leather; and
    E. No worn materials that could affect the safety of the user are 
present.

                         II. Positioning Straps

    Inspect positioning straps to ensure that:
    A. The warning center of the strap material is not exposed;
    B. No cuts, burns, extra holes, or fraying of strap material is 
present;
    C. Rivets are properly secured;
    D. Straps are not 100-percent leather; and
    E. Snaphooks do not have cracks, burns, or corrosion.

                              III. Climbers

    Inspect pole and tree climbers to ensure that:
    A. Gaffs are at least as long as the manufacturer's recommended 
minimums (generally 32 and 51 millimeters (1.25 and 2.0 inches) for pole 
and tree climbers, respectively, measured on the underside of the gaff);

    Note: Gauges are available to assist in determining whether gaffs 
are long enough and shaped to easily penetrate poles or trees.

    B. Gaffs and leg irons are not fractured or cracked;
    C. Stirrups and leg irons are free of excessive wear;
    D. Gaffs are not loose;
    E. Gaffs are free of deformation that could adversely affect use;
    F. Gaffs are properly sharpened; and
    G. There are no broken straps or buckles.



     Sec. Appendix G to Subpart V of Part 1926--Reference Documents

    The references contained in this appendix provide information that 
can be helpful in understanding and complying with the requirements 
contained in Subpart V of this part. The national consensus standards 
referenced in this appendix contain detailed specifications that 
employers may follow in complying with the more performance-based 
requirements of Subpart V of this part. Except as specifically noted in 
Subpart V of this part, however, the Occupational Safety and Health 
Administration will not necessarily deem compliance with the national 
consensus standards to be compliance with the provisions of Subpart V of 
this part.
ANSI/SIA A92.2-2009, American National Standard for Vehicle-Mounted 
          Elevating and Rotating Aerial Devices.
ANSI Z133-2012, American National Standard Safety Requirements for 
          Arboricultural Operations--Pruning, Trimming, Repairing, 
          Maintaining, and Removing Trees, and Cutting Brush.
ANSI/IEEE Std 935-1989, IEEE Guide on Terminology for Tools and 
          Equipment to Be Used in Live Line Working.
ASME B20.1-2012, Safety Standard for Conveyors and Related Equipment.
ASTM D120-09, Standard Specification for Rubber Insulating Gloves.
ASTM D149-09 (2013), Standard Test Method for Dielectric Breakdown 
          Voltage and Dielectric Strength of Solid Electrical Insulating 
          Materials at Commercial Power Frequencies.
ASTM D178-01 (2010), Standard Specification for Rubber Insulating 
          Matting.
ASTM D1048-12, Standard Specification for Rubber Insulating Blankets.
ASTM D1049-98 (2010), Standard Specification for Rubber Insulating 
          Covers.
ASTM D1050-05 (2011), Standard Specification for Rubber Insulating Line 
          Hose.
ASTM D1051-08, Standard Specification for Rubber Insulating Sleeves.
ASTM F478-09, Standard Specification for In-Service Care of Insulating 
          Line Hose and Covers.
ASTM F479-06 (2011), Standard Specification for In-Service Care of 
          Insulating Blankets.
ASTM F496-08, Standard Specification for In-Service Care of Insulating 
          Gloves and Sleeves.
ASTM F711-02 (2007), Standard Specification for Fiberglass-Reinforced 
          Plastic (FRP) Rod and Tube Used in Live Line Tools.
ASTM F712-06 (2011), Standard Test Methods and Specifications for 
          Electrically Insulating Plastic Guard Equipment for Protection 
          of Workers.
ASTM F819-10, Standard Terminology Relating to Electrical Protective 
          Equipment for Workers.
ASTM F855-09, Standard Specifications for Temporary Protective Grounds 
          to Be Used on De-energized Electric Power Lines and Equipment.
ASTM F887-12\e1\, Standard Specifications for Personal Climbing 
          Equipment.
ASTM F914/F914M-10, Standard Test Method for Acoustic Emission for 
          Aerial Personnel Devices Without Supplemental Load Handling 
          Attachments.
ASTM F1116-03 (2008), Standard Test Method for Determining Dielectric 
          Strength of Dielectric Footwear.
ASTM F1117-03 (2008), Standard Specification for Dielectric Footwear.

[[Page 523]]

ASTM F1236-96 (2012), Standard Guide for Visual Inspection of Electrical 
          Protective Rubber Products.
ASTM F1430/F1430M-10, Standard Test Method for Acoustic Emission Testing 
          of Insulated and Non-Insulated Aerial Personnel Devices with 
          Supplemental Load Handling Attachments.
ASTM F1505-10, Standard Specification for Insulated and Insulating Hand 
          Tools.
ASTM F1506-10a, Standard Performance Specification for Flame Resistant 
          and Arc Rated Textile Materials for Wearing Apparel for Use by 
          Electrical Workers Exposed to Momentary Electric Arc and 
          Related Thermal Hazards.
ASTM F1564-13, Standard Specification for Structure-Mounted Insulating 
          Work Platforms for Electrical Workers.
ASTM F1701-12, Standard Specification for Unused Polypropylene Rope with 
          Special Electrical Properties.
ASTM F1742-03 (2011), Standard Specification for PVC Insulating 
          Sheeting.
ASTM F1796-09, Standard Specification for High Voltage Detectors--Part 1 
          Capacitive Type to be Used for Voltages Exceeding 600 Volts 
          AC.
ASTM F1797-09 [egr] \1\, Standard Test Method for Acoustic Emission 
          Testing of Insulated and Non-Insulated Digger Derricks.
ASTM F1825-03 (2007), Standard Specification for Clampstick Type Live 
          Line Tools.
ASTM F1826-00 (2011), Standard Specification for Live Line and Measuring 
          Telescoping Tools.
ASTM F1891-12, Standard Specification for Arc and Flame Resistant 
          Rainwear.
ASTM F1958/F1958M-12, Standard Test Method for Determining the 
          Ignitability of Non-flame-Resistant Materials for Clothing by 
          Electric Arc Exposure Method Using Mannequins.
ASTM F1959/F1959M-12, Standard Test Method for Determining the Arc 
          Rating of Materials for Clothing.
IEEE Stds 4-1995, 4a-2001 (Amendment to IEEE Standard Techniques for 
          High-Voltage Testing), IEEE Standard Techniques for High-
          Voltage Testing.
IEEE Std 62-1995, IEEE Guide for Diagnostic Field Testing of Electric 
          Power Apparatus--Part 1: Oil Filled Power Transformers, 
          Regulators, and Reactors.
IEEE Std 80-2000, Guide for Safety in AC Substation Grounding.
IEEE Std 100-2000, The Authoritative Dictionary of IEEE Standards Terms 
          Seventh Edition.
IEEE Std 516-2009, IEEE Guide for Maintenance Methods on Energized Power 
          Lines.
IEEE Std 524-2003, IEEE Guide to the Installation of Overhead 
          Transmission Line Conductors.
IEEE Std 957-2005, IEEE Guide for Cleaning Insulators.
IEEE Std 1048-2003, IEEE Guide for Protective Grounding of Power Lines.
IEEE Std 1067-2005, IEEE Guide for In-Service Use, Care, Maintenance, 
          and Testing of Conductive Clothing for Use on Voltages up to 
          765 kV AC and 750 kV DC.
IEEE Std 1307-2004, IEEE Standard for Fall Protection for Utility Work.
IEEE Stds 1584-2002, 1584a-2004 (Amendment 1 to IEEE Std 1584-2002), and 
          1584b-2011 (Amendment 2: Changes to Clause 4 of IEEE Std 1584-
          2002), IEEE Guide for Performing Arc-Flash Hazard 
          Calculations.
IEEE C2-2012, National Electrical Safety Code.
NFPA 70E-2012, Standard for Electrical Safety in the Workplace.



      Subpart W_Rollover Protective Structures; Overhead Protection

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-
2002 (67 FR 65008), or 1-2012 (77 FR 3912), as applicable.



Sec.  1926.1000  Scope.

    (a) Coverage. This subpart applies to the following types of 
material handling equipment: All rubber-tired, self-propelled scrapers, 
rubber-tired front-end loaders, rubber-tired dozers, wheel-type 
agricultural and industrial tractors, crawler tractors, crawler-type 
loaders, and motor graders, with or without attachments, that are used 
in construction work. This subpart also applies to compactors and 
rubber-tired skid-steer equipment, with or without attachments, 
manufactured after July 15, 2019, that are used in construction work. 
This subpart does not apply to sideboom pipelaying tractors.
    (b) Equipment manufactured before July 15, 2019. Material handling 
equipment described in paragraph (a) of this section (excluding 
compactors and rubber-tired skid-steer equipment) manufactured before 
July 15, 2019, shall be equipped with rollover protective structures 
that meet the minimum performance standards prescribed in Sec.  
1926.1001(b), as applicable. Agricultural and industrial tractors used 
in construction shall be equipped with rollover protective structures 
that meet the minimum performance standards prescribed in Sec.  
1926.1002(b), as applicable. When overhead protection is provided on 
agricultural and industrial

[[Page 524]]

tractors, the overhead protection shall meet the minimum performance 
standards prescribed in Sec.  1926.1003(b), as applicable.
    (c) Equipment manufactured on or after July 15, 2019. Material 
handling machinery described in paragraph (a) of this section 
manufactured on or after July 15, 2019, shall be equipped with rollover 
protective structures that meet the minimum performance standards 
prescribed in Sec.  1926.1001(c). Agricultural and industrial tractors 
used in construction shall be equipped with rollover protective 
structures that meet the minimum performance standards prescribed in 
Sec.  1926.1002(c). When overhead protection is provided on agricultural 
and industrial tractors, the overhead protection shall meet the minimum 
performance standards prescribed in Sec.  1926.1003(c).
    (d) Remounting. ROPS removed for any reason, shall be remounted with 
equal quality, or better, bolts or welding as required for the original 
mounting.
    (e) Labeling. Each ROPS shall have the following information 
permanently affixed to the structure:
    (1) Manufacturer or fabricator's name and address;
    (2) ROPS model number, if any;
    (3) Machine make, model, or series number that the structure is 
designed to fit.
    (f) Machines meeting certain existing governmental requirements. Any 
machine in use, equipped with rollover protective structures, shall be 
deemed in compliance with this section if it meets the rollover 
protective structure requirements of the State of California, the U.S. 
Army Corps of Engineers, or the Bureau of Reclamation of the U.S. 
Department of the Interior in effect on April 5, 1972. The requirements 
in effect are:
    (1) State of California: Construction Safety Orders, issued by the 
Department of Industrial Relations pursuant to Division 5, Labor Code, 
Sec.  6312, State of California.
    (2) U.S. Army Corps of Engineers: General Safety Requirements, EM-
385-1-1 (March 1967).
    (3) Bureau of Reclamation, U.S. Department of the Interior: Safety 
and Health Regulations for Construction. Part II (September 1971).

[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 84 
FR 21577, May 14, 2019]



Sec.  1926.1001  Minimum performance criteria for rollover protective 
structures for designated scrapers, loaders, dozers, graders, crawler 
tractors, compactors, and rubber-tired skid steer equipment.

    (a) General. This section prescribes minimum performance criteria 
for roll-over protective structures (ROPS) for rubber-tired self-
propelled scrapers; rubber-tired front end loaders and rubber-tired 
dozers; crawler tractors and crawler-type loaders, motor graders, 
compactors, and rubber-tired skid steer equipment.
    (b) Equipment manufactured before July 15, 2019. For equipment 
listed in paragraph (a) of this section (excluding compactors and 
rubber-tired skid steer equipment) manufactured before July 15, 2019, 
the protective frames shall conform to the following Society of 
Automotive Engineers Recommended Practices as applicable: SAE J320a, 
Minimum Performance Criteria for Roll-Over Protective Structure for 
Rubber-Tired, Self-Propelled Scrapers; SAE J394, Minimum Performance 
Criteria for Roll-Over Protective Structure for Rubber-Tired Front End 
Loaders and Rubber-Tired Dozers; SAE J395, Minimum Performance Criteria 
for Roll-Over Protective Structure for Crawler Tractors and Crawler-Type 
Loaders; SAE J396, Minimum Performance Criteria for Roll-Over Protective 
Structure for Motor Graders; and SAE J397, Critical Zone Characteristics 
and Dimensions for Operators of Construction and Industrial Machinery, 
as applicable (each incorporated by reference, see Sec.  1926.6), or 
comply with the consensus standard (ISO 3471:2008) listed in paragraph 
(c) of this section.
    (c) Equipment manufactured on or after July 15, 2019. For equipment 
listed in paragraph (a) of this section manufactured on or after July 
15, 2019, the protective frames shall meet the test and performance 
requirements of the International Organization for Standardization (ISO) 
standard ISO 3471:2008 Earth-Moving Machinery--Roll-over protective 
structures--Laboratory tests and

[[Page 525]]

performance requirements (incorporated by reference, see Sec.  1926.6).

[84 FR 21578, May 14, 2019]



Sec.  1926.1002  Protective frames (roll-over protective structures, known as ROPS) 
for wheel-type agricultural and industrial tractors used in construction.

    (a) General. This section sets forth requirements for frames used to 
protect operators of wheel-type agricultural and industrial tractors 
used in construction work that will minimize the possibility of operator 
injury resulting from accidental upsets during normal operation. See 
paragraph (e) of this section for definitions of agricultural and 
industrial tractors.
    (b) Equipment manufactured before July 15, 2019. For equipment 
manufactured before July 15, 2019, the protective frames shall meet the 
test and performance requirements of the Society of Automotive Engineers 
Standard J334a, Protective Frame Test Procedures and Performance 
Requirements and J168, Protective enclosures-test procedures and 
performance requirements, as applicable (incorporated by reference, see 
Sec.  1926.6), or comply with the consensus standard (ISO 5700:2013) 
listed in paragraph (c) of this section.
    (c) Equipment manufactured on or after July 15, 2019. For equipment 
manufactured on or after July 15, 2019, the protective frames shall meet 
the test and performance requirements of the International Organization 
for Standardization (ISO) standard ISO 5700:2013, Tractors for 
agriculture and forestry--Roll-over protective structures--static test 
method and acceptance conditions or ISO 3471:2008 Earth-Moving 
Machinery--Roll-over protective structures--Laboratory tests and 
performance requirements (incorporated by reference, see Sec.  1926.6).
    (d) Overhead protection requirements. For overhead protection 
requirements, see Sec.  1926.1003.
    (e) Definitions applicable to this section. (1) ``Agricultural 
tractor'' means a wheel-type vehicle of more than 20 engine horsepower, 
used in construction work, that is designed to furnish the power to 
pull, propel, or drive implements. (SAE standard J333a-1970 (``Operator 
protection for wheel-type agricultural and industrial tractors'') 
defines ``agricultural tractor'' as a ``wheel-type vehicle of more than 
20 engine horsepower designed to furnish the power to pull, carry, 
propel, or drive implements that are designed for agricultural usage.'' 
Since this part 1926 applies only to construction work, the SAE 
definition of ``agricultural tractor'' is adopted for purposes of this 
subpart.)
    (2) ``Industrial tractor'' means that class of wheel-type tractors 
of more than 20 engine horsepower (other than rubber-tired loaders and 
dozers described in 29 CFR 1926.1001), used in operations such as 
landscaping, construction services, loading, digging, grounds keeping, 
and highway maintenance.

[70 FR 76985, Dec. 29, 2005, as amended at 71 FR 41129, July 20, 2006; 
84 FR 21578, May 14, 2019]



Sec.  1926.1003  Overhead protection for operators of agricultural and 
industrial tractors used in construction.

    (a) General. This section sets forth requirements for overhead 
protection used to protect operators of wheel-type agricultural and 
industrial tractors used in construction work that will minimize the 
possibility of operator injury resulting from overhead objects such as 
flying or falling objection, and from the cover itself in the event of 
accidental upset.
    (b) Equipment manufactured before July 15, 2019. When overhead 
protection is provided on wheel-type agricultural and industrial 
tractors manufactured before July 15, 2019, the overhead protection 
shall be designed and installed according to the requirements contained 
in the test and performance requirements of Society of Automotive 
Engineers Standard J167, Protective Frame with Overhead Protection-Test 
Procedures and Performance Requirements, which pertains to overhead 
protection requirements (incorporated by reference, see Sec.  1926.6) or 
comply with the consensus standard (ISO 27850:2013) listed in paragraph 
(c) of this section.
    (c) Equipment manufactured on or after July 15, 2019. When overhead 
protection is provided on wheel-type agricultural and industrial 
tractors manufactured on or after July 15, 2019, the overhead

[[Page 526]]

protection shall be designed and installed according to the requirements 
contained in the test and performance requirements of the International 
Organization for Standardization (ISO) standard ISO 27850:2013, Tractors 
for agriculture and forestry--Falling object protective structures--Test 
procedures and performance requirements, which pertains to overhead 
protection requirements (incorporated by reference, see Sec.  1926.6).
    (d) Site clearing. In the case of machines to which Sec.  1926.604 
(relating to site clearing) also applies, the overhead protection may be 
either the type of protection provided in Sec.  1926.604, or the type of 
protection provided by this section.

[84 FR 21578, May 14, 2019]



                     Subpart X_Stairways and Ladders

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 1-90 (55 FR 9033), 5-2007 (72 FR 31159), 
or 1-2012 (77 FR 3912), as applicable; and 29 CFR Part 1911.

    Source: 55 FR 47687, Nov. 14, 1990, unless otherwise noted.



Sec.  1926.1050  Scope, application, and definitions applicable to 
this subpart.

    (a) Scope and application. This subpart applies to all stairways and 
ladders used in construction, alteration, repair (including painting and 
decorating), and demolition workplaces covered under 29 CFR part 1926, 
and also sets forth, in specified circumstances, when ladders and 
stairways are required to be provided. Additional requirements for 
ladders used on or with scaffolds are contained in subpart L--Scaffolds. 
This subpart does not apply to integral components of equipment covered 
by subpart CC. Subpart CC exclusively sets forth the circumstances when 
ladders and stairways must be provided on equipment covered by subpart 
CC.
    (b) Definitions. Cleat means a ladder crosspiece of rectangular 
cross section placed on edge upon which a person may step while 
ascending or descending a ladder.
    Double-cleat ladder means a ladder similar in construction to a 
single-cleat ladder, but with a center rail to allow simultaneous two-
way traffic for employees ascending or descending.
    Equivalent means alternative designs, materials, or methods that the 
employer can demonstrate will provide an equal or greater degree of 
safety for employees than the method or item specified in the standard.
    Extension trestle ladder means a self-supporting portable ladder, 
adjustable in length, consisting of a trestle ladder base and a 
vertically adjustable extension section, with a suitable means for 
locking the ladders together.
    Failure means load refusal, breakage, or separation of component 
parts. Load refusal is the point where the structural members lose their 
ability to carry the loads.
    Fixed ladder means a ladder that cannot be readily moved or carried 
because it is an integral part of a building or structure. A side-step 
fixed ladder is a fixed ladder that requires a person getting off at the 
top to step to the side of the ladder side rails to reach the landing. A 
through fixed ladder is a fixed ladder that requires a person getting 
off at the top to step between the side rails of the ladder to reach the 
landing.
    Handrail means a rail used to provide employees with a handhold for 
support.
    Individual-rung/step ladders means ladders without a side rail or 
center rail support. Such ladders are made by mounting individual steps 
or rungs directly to the side or wall of the structure.
    Job-made ladder means a ladder that is fabricated by employees, 
typically at the construction site, and is not commercially 
manufactured. This definition does not apply to any individual-rung/step 
ladders.
    Ladder stand. A mobile fixed size self-supporting ladder consisting 
of a wide flat tread ladder in the form of stairs. The assenbly may 
include handrails.
    Lower levels means those areas to which an employee can fall from a 
stairway or ladder. Such areas include ground levels, floors, roofs, 
ramps, runways, excavations, pits, tanks, material, water, equipment, 
and similar surfaces. It does not include the surface from which the 
employee falls.

[[Page 527]]

    Maximum intended load means the total load of all employees, 
equipment, tools, materials, transmitted loads, and other loads 
anticipated to be applied to a ladder component at any one time.
    Nosing means that portion of a tread projecting beyond the face of 
the riser immediately below.
    Point of access means all areas used by employees for work-related 
passage from one area or level to another. Such open areas include 
doorways, 1passageways, stairway openings, studded walls, and various 
other permanent or temporary openings used for such travel.
    Portable ladder means a ladder that can be readily moved or carried.
    Riser height means the vertical distance from the top of a tread to 
the top of the next higher tread or platform/landing or the distance 
from the top of a platform/landing to the top of the next higher tread 
or platform/landing.
    Side-step fixed ladder. See ``Fixed ladder.''
    Single-cleat ladder means a ladder consisting of a pair of side 
rails, connected together by cleats, rungs, or steps.
    Single-rail ladder means a portable ladder with rungs, cleats, or 
steps mounted on a single rail instead of the normal two rails used on 
most other ladders.
    Spiral stairway means a series of steps attached to a vertical pole 
and progressing upward in a winding fashion within a cylindrical space.
    Stairrail system means a vertical barrier erected along the 
unprotected sides and edges of a stariway to prevent employees from 
falling to lower levels. The top surface of a stairrail system may also 
be a ``handrail.''
    Step stool (ladder type) means a self-supporting, foldable, portable 
ladder, nonadjustable in length, 32 inches or less in overall size, with 
flat steps and without a pail shelf, designed to be climbed on the 
ladder top cap as well as all steps. The side rails may continue above 
the top cap.
    Through fixed ladder. See ``Fixed ladder.''
    Tread depth means the horizontal distance from front to back of a 
tread (excluding nosing, if any).
    Unprotected sides and edges means any side or edge (except at 
entrances to points of access) of a stairway where there is no stairrail 
system or wall 36 inches (.9 m) or more in height, and any side or edge 
(except at entrances to points of access) of a stairway landing, or 
ladder platform where there is no wall or guardrail system 39 inches (1 
m) or more in height.

[55 FR 47687, Nov. 14, 1990; 56 FR 2585, Jan. 23, 1991, as amended at 58 
FR 35184, June 30, 1993; 75 FR 48135, Aug. 9, 2010]



Sec.  1926.1051  General requirements.

    (a) A stairway or ladder shall be provided at all personnel points 
of access where there is a break in elevation of 19 inches (48 cm) or 
more, and no ramp, runway, sloped embankment, or personnel hoist is 
provided.
    (1) Employees shall not use any spiral stairways that will not be a 
permanent part of the structure on which construction work is being 
performed.
    (2) A double-cleated ladder or two or more separate ladders shall be 
provided when ladders are the only mean of access or exit from a working 
area for 25 or more employees, or when a ladder is to serve simultaneous 
two-way traffic.
    (3) When a building or structure has only one point of access 
between levels, that point of access shall be kept clear to permit free 
passage of employees. When work must be performed or equipment must be 
used such that free passage at that point of access is restricted, a 
second point of access shall be provided and used.
    (4) When a building or structure has two or more points of access 
between levels, at least one point of access shall be kept clear to 
permit free passage of employees.
    (b) Employers shall provide and install all stairway and ladder fall 
protection systems required by this subpart and shall comply with all 
other pertinent requirements of this subpart before employees begin the 
work that necessitates the installation and use of stairways, ladders, 
and their respective fall protection systems.



Sec.  1926.1052  Stairways.

    (a) General. The following requirements apply to all stairways as 
indicated:

[[Page 528]]

    (1) Stairways that will not be a permanent part of the structure on 
which construction work is being performed shall have landings of not 
less than 30 inches (76 cm) in the direction of travel and extend at 
least 22 inches (56 cm) in width at every 12 feet (3.7 m) or less of 
vertical rise.
    (2) Stairs shall be installed between 30[deg] and 50[deg] from 
horizontal.
    (3) Riser height and tread depth shall be uniform within each flight 
of stairs, including any foundation structure used as one or more treads 
of the stairs. Variations in riser height or tread depth shall not be 
over \1/4\-inch (0.6 cm) in any stairway system.
    (4) Where doors or gates open directly on a stairway, a platform 
shall be provided, and the swing of the door shall not reduce the 
effective width of the platform to less than 20 inches (51 cm).
    (5) Metal pan landings and metal pan treads, when used, shall be 
secured in place before filling with concrete or other material.
    (6) All parts of stairways shall be free of hazardous projections, 
such as protruding nails.
    (7) Slippery conditions on stairways shall be eliminated before the 
stairways are used to reach other levels.
    (b) Temporary service. The following requirements apply to all 
stairways as indicated:
    (1) Except during stairway construction, foot traffic is prohibited 
on stairways with pan stairs where the treads and/or landings are to be 
filled in with concrete or other material at a later date, unless the 
stairs are temporarily fitted with wood or other solid material at least 
to the top edge of each pan. Such temporary treads and landings shall be 
replaced when worn below the level of the top edge of the pan.
    (2) Except during stairway construction, foot traffic is prohibited 
on skeleton metal stairs where permanent treads and/or landings are to 
be installed at a later date, unless the stairs are fitted with secured 
temporary treads and landings long enough to cover the entire tread and/
or landing area.
    (3) Treads for temporary service shall be made of wood or other 
solid material, and shall be installed the full width and depth of the 
stair.
    (c) Stairrails and handrails. The following requirements apply to 
all stairways as indicated:
    (1) Stairways having four or more risers or rising more than 30 
inches (76 cm), whichever is less, shall be equipped with:
    (i) At least one handrail; and
    (ii) One stairrail system along each unprotected side or edge.

    Note: When the top edge of a stairrail system also serves as a 
handrail, paragraph (c)(7) of this section applies.

    (2) Winding and spiral stairways shall be equipped with a handrail 
offset sufficiently to prevent walking on those portions of the 
stairways where the tread width is less than 6 inches (15 cm).
    (3) The height of stairrails shall be as follows:
    (i) Stairrails installed after March 15, 1991, shall be not less 
than 36 inches (91.5 cm) from the upper surface of the stairrail system 
to the surface of the tread, in line with the face of the riser at the 
forward edge of the tread.
    (ii) Stairrails installed before March 15, 1991, shall be not less 
than 30 inches (76 cm) nor more than 34 inches (86 cm) from the upper 
surface of the stairrail system to the surface of the tread, in line 
with the face of the riser at the forward edge of the tread.
    (4) Midrails, screens, mesh, intermediate vertical members, or 
equivalent intermediate structural members, shall be provided between 
the top rail of the stairrail system and the stairway steps.
    (i) Midrails, when used, shall be located at a height midway between 
the top edge of the stairrail system and the stairway steps.
    (ii) Screens or mesh, when used, shall extend from the top rail to 
the stairway step, and along the entire opening between top rail 
supports.
    (iii) When intermediate vertical members, such as balusters, are 
used between posts, they shall be not more than 19 inches (48 cm) apart.
    (iv) Other structural members, when used, shall be installed such 
that there are no openings in the stairrail system that are more than 19 
inches (48 cm) wide.
    (5) Handrails and the top rails of stairrail systems shall be 
capable of

[[Page 529]]

withstanding, without failure, a force of at least 200 pounds (890 n) 
applied within 2 inches (5 cm) of the top edge, in any downward or 
outward direction, at any point along the top edge.
    (6) The height of handrails shall be not more than 37 inches (94 cm) 
nor less than 30 inches (76 cm) from the upper surface of the handrail 
to the surface of the tread, in line with the face of the riser at the 
forward edge of the tread.
    (7) When the top edge of a stairrail system also serves as a 
handrail, the height of the top edge shall be not more than 37 inches 
(94 cm) nor less than 36 inches (91.5 cm) from the upper surface of the 
stairrail system to the surface of the tread, in line with the face of 
the riser at the forward edge of the tread.
    (8) Stairrail systems and handrails shall be so surfaced as to 
prevent injury to employees from punctures or lacerations, and to 
prevent snagging of clothing.
    (9) Handrails shall provide an adequate handhold for employees 
grasping them to avoid falling.
    (10) The ends of stairrail systems and handrails shall be 
constructed so as not to constitute a projection hazard.
    (11) Handrails that will not be a permanent part of the structure 
being built shall have a minimum clearance of 3 inches (8 cm) between 
the handrail and walls, stairrail systems, and other objects.
    (12) Unprotected sides and edges of stairway landings shall be 
provided with guardrail systems. Guardrail system criteria are contained 
in subpart M of this part.

[55 FR 47687, Nov. 14, 1990; 56 FR 2585, Jan. 23, 1991; 56 FR 5061, Feb. 
7, 1991; 56 FR 41794, Aug. 23, 1991]



Sec.  1926.1053  Ladders.

    (a) General. The following requirements apply to all ladders as 
indicated, including job-made ladders.
    (1) Ladders shall be capable of supporting the following loads 
without failure:
    (i) Each self-supporting portable ladder: At least four times the 
maximum intended load, except that each extra-heavy-duty type 1A metal 
or plastic ladder shall sustain at least 3.3 times the maximum intended 
load. The ability of a ladder to sustain the loads indicated in this 
paragraph shall be determined by applying or transmitting the requisite 
load to the ladder in a downward vertical direction. Ladders built and 
tested in conformance with the applicable provisions of appendix A of 
this subpart will be deemed to meet this requirement.
    (ii) Each portable ladder that is not self-supporting: At least four 
times the maximum intended load, except that each extra-heavy-duty type 
1A metal or plastic ladders shall sustain at least 3.3 times the maximum 
intended load. The ability of a ladder to sustain the loads indicated in 
this paragraph shall be determined by applying or transmitting the 
requisite load to the ladder in a downward vertical direction when the 
ladder is placed at an angle of 75\1/2\ degrees from the horizontal. 
Ladders built and tested in conformance with the applicable provisions 
of appendix A will be deemed to meet this requirement.
    (iii) Each fixed ladder: At least two loads of 250 pounds (114 kg) 
each, concentrated between any two consecutive attachments (the number 
and position of additional concentrated loads of 250 pounds (114 kg) 
each, determined from anticipated usage of the ladder, shall also be 
included), plus anticipated loads caused by ice buildup, winds, rigging, 
and impact loads resulting from the use of ladder safety devices. Each 
step or rung shall be capable of supporting a single concentrated load 
of at least 250 pounds (114 kg) applied in the middle of the step or 
rung. Ladders built in conformance with the applicable provisions of 
appendix A will be deemed to meet this requirement.
    (2) Ladder rungs, cleats, and steps shall be parallel, level, and 
uniformly spaced when the ladder is in position for use.
    (3)(i) Rungs, cleats, and steps of portable ladders (except as 
provided below) and fixed ladders (including individual-rung/step 
ladders) shall be spaced not less than 10 inches (25 cm) apart, nor more 
than 14 inches (36 cm) apart, as measured between center lines of the 
rungs, cleats, and steps.
    (ii) Rungs, cleats, and steps of step stools shall be not less than 
8 inches (20

[[Page 530]]

cm) apart, nor more than 12 inches (31 cm) apart, as measured between 
center lines of the rungs, cleats, and steps.
    (iii) Rungs, cleats, and steps of the base section of extension 
trestle ladders shall not be less than 8 inches (20 cm) nor more than 18 
inches (46 cm) apart, as measured between center lines of the rungs, 
cleats, and steps. The rung spacing on the extension section of the 
extension trestle ladder shall be not less than 6 inches (15 cm) nor 
more than 12 inches (31 cm), as measured between center lines of the 
rungs, cleats, and steps.
    (4)(i) The minimum clear distance between the sides of individual-
rung/step ladders and the minimum clear distance between the side rails 
of other fixed ladders shall be 16 inches (41 cm).
    (ii) The minimum clear distance between side rails for all portable 
ladders shall be 11\1/2\ inches (29 cm).
    (5) The rungs of individual-rung/step ladders shall be shaped such 
that employees' feet cannot slide off the end of the rungs.
    (6)(i) The rungs and steps of fixed metal ladders manufactured after 
March 15, 1991, shall be corrugated, knurled, dimpled, coated with skid-
resistant material, or otherwise treated to minimize slipping.
    (ii) The rungs and steps of portable metal ladders shall be 
corrugated, knurled, dimpled, coated with skid-resistant material, or 
otherwise treated to minimize slipping.
    (7) Ladders shall not be tied or fastened together to provide longer 
sections unless they are specifically designed for such use.
    (8) A metal spreader or locking device shall be provided on each 
stepladder to hold the front and back sections in an open position when 
the ladder is being used.
    (9) When splicing is required to obtain a given length of side rail, 
the resulting side rail must be at least equivalent in strength to a 
one-piece side rail made of the same material.
    (10) Except when portable ladders are used to gain access to fixed 
ladders (such as those on utility towers, billboards, and other 
structures where the bottom of the fixed ladder is elevated to limit 
access), when two or more separate ladders are used to reach an elevated 
work area, the ladders shall be offset with a platform or landing 
between the ladders. (The requirements to have guardrail systems with 
toeboards for falling object and overhead protection on platforms and 
landings are set forth in subpart M of this part.)
    (11) Ladder components shall be surfaced so as to prevent injury to 
an employee from punctures or lacerations, and to prevent snagging of 
clothing.
    (12) Wood ladders shall not be coated with any opaque covering, 
except for identification or warning labels which may be placed on one 
face only of a side rail.
    (13) The minimum perpendicular clearance between fixed ladder rungs, 
cleats, and steps, and any obstruction behind the ladder shall be 7 
inches (18 cm), except in the case of an elevator pit ladder, for which 
a minimum perpendicular clearance of 4\1/2\ inches (11 cm) is required.
    (14) The minimum perpendicular clearance between the center line of 
fixed ladder rungs, cleats, and steps, and any obstruction on the 
climbing side of the ladder shall be 30 inches (76 cm), except as 
provided in paragraph (a)(15) of this section.
    (15) When unavoidable obstructions are encountered, the minimum 
perpendicular clearance between the centerline of fixed ladder rungs, 
cleats, and steps, and the obstruction on the climbing side of the 
ladder may be reduced to 24 inches (61 cm), provided that a deflection 
device is installed to guide employees around the obstruction.
    (16) Through fixed ladders at their point of access/egress shall 
have a step-across distance of not less than 7 inches (18 cm) nor more 
than 12 inches (30 cm) as measured from the centerline of the steps or 
rungs to the nearest edge of the landing area. If the normal step-across 
distance exceeds 12 inches (30 cm), a landing platform shall be provided 
to reduce the distance to the specified limit.
    (17) Fixed ladders without cages or wells shall have a clear width 
to the nearest permanent object of at least 15 inches (38 cm) on each 
side of the centerline of the ladder.

[[Page 531]]

    (18) Fixed ladders shall be provided with cages, wells, ladder 
safety devices, or self-retracting lifelines where the length of climb 
is less than 24 feet (7.3 m) but the top of the ladder is at a distance 
greater than 24 feet (7.3 m) above lower levels.
    (19) Where the total length of a climb equals or exceeds 24 feet 
(7.3 m), fixed ladders shall be equipped with one of the following:
    (i) Ladder safety devices; or
    (ii) Self-retracting lifelines, and rest platforms at intervals not 
to exceed 150 feet (45.7 m); or
    (iii) A cage or well, and multiple ladder sections, each ladder 
section not to exceed 50 feet (15.2 m) in length. Ladder sections shall 
be offset from adjacent sections, and landing platforms shall be 
provided at maximum intervals of 50 feet (15.2 m).
    (20) Cages for fixed ladders shall conform to all of the following:
    (i) Horizontal bands shall be fastened to the side rails of rail 
ladders, or directly to the structure, building, or equipment for 
individual-rung ladders;
    (ii) Vertical bars shall be on the inside of the horizontal bands 
and shall be fastened to them;
    (iii) Cages shall extend not less than 27 inches (68 cm), or more 
than 30 inches (76 cm) from the centerline of the step or rung 
(excluding the flare at the bottom of the cage), and shall not be less 
than 27 inches (68 cm) in width;
    (iv) The inside of the cage shall be clear of projections;
    (v) Horizontal bands shall be spaced not more than 4 feet (1.2 m) on 
center vertically;
    (vi) Vertical bars shall be spaced at intervals not more than 9\1/2\ 
inches (24 cm) on center horizontally;
    (vii) The bottom of the cage shall be at a level not less than 7 
feet (2.1 m) nor more than 8 feet (2.4 m) above the point of access to 
the bottom of the ladder. The bottom of the cage shall be flared not 
less than 4 inches (10 cm) all around within the distance between the 
bottom horizontal band and the next higher band;
    (viii) The top of the cage shall be a minimum of 42 inches (1.1 m) 
above the top of the platform, or the point of access at the top of the 
ladder, with provision for access to the platform or other point of 
access.
    (21) Wells for fixed ladders shall conform to all of the following:
    (i) They shall completely encircle the ladder;
    (ii) They shall be free of projections;
    (iii) Their inside face on the climbing side of the ladder shall 
extend not less than 27 inches (68 cm) nor more than 30 inches (76 cm) 
from the centerline of the step or rung;
    (iv) The inside clear width shall be at least 30 inches (76 cm);
    (v) The bottom of the wall on the access side shall start at a level 
not less than 7 feet (2.1 m) nor more than 8 feet (2.4 m) above the 
point of access to the bottom of the ladder.
    (22) Ladder safety devices, and related support systems, for fixed 
ladders shall conform to all of the following:
    (i) They shall be capable of withstanding without failure a drop 
test consisting of an 18-inch (41 cm) drop of a 500-pound (226 kg) 
weight;
    (ii) They shall permit the employee using the device to ascend or 
descend without continually having to hold, push or pull any part of the 
device, leaving both hands free for climbing;
    (iii) They shall be activated within 2 feet (.61 m) after a fall 
occurs, and limit the descending velocity of an employee to 7 feet/sec. 
(2.1 m/sec.) or less;
    (iv) The connection between the carrier or lifeline and the point of 
attachment to the body belt or harness shall not exceed 9 inches (23 cm) 
in length.
    (23) The mounting of ladder safety devices for fixed ladders shall 
conform to the following:
    (i) Mountings for rigid carriers shall be attached at each end of 
the carrier, with intermediate mountings, as necessary, spaced along the 
entire length of the carrier, to provide the strength necessary to stop 
employees' falls.
    (ii) Mountings for flexible carriers shall be attached at each end 
of the carrier. When the system is exposed to wind, cable guides for 
flexible carriers shall be installed at a minimum spacing of 25 feet 
(7.6 m) and maximum spacing of 40 feet (12.2 m) along the entire length 
of the carrier, to prevent wind damage to the system.
    (iii) The design and installation of mountings and cable guides 
shall not

[[Page 532]]

reduce the design strength of the ladder.
    (24) The side rails of through or side-step fixed ladders shall 
extend 42 inches (1.1 m) above the top of the access level or landing 
platform served by the ladder. For a parapet ladder, the access level 
shall be the roof if the parapet is cut to permit passage through the 
parapet; if the parapet is continuous, the access level shall be the top 
of the parapet.
    (25) For through-fixed-ladder extensions, the steps or rungs shall 
be omitted from the extension and the extension of the side rails shall 
be flared to provide not less than 24 inches (61 cm) nor more than 30 
inches (76 cm) clearance between side rails. Where ladder safety devices 
are provided, the maximum clearance between side rails of the extensions 
shall not exceed 36 inches (91 cm).
    (26) For side-step fixed ladders, the side rails and the steps or 
rungs shall be continuous in the extension.
    (27) Individual-rung/step ladders, except those used where their 
access openings are covered with manhole covers or hatches, shall extend 
at least 42 inches (1.1 m) above an access level or landing platform 
either by the continuation of the rung spacings as horizontal grab bars 
or by providing vertical grab bars that shall have the same lateral 
spacing as the vertical legs of the rungs.
    (b) Use. The following requirements apply to the use of all ladders, 
including job-made ladders, except as otherwise indicated:
    (1) When portable ladders are used for access to an upper landing 
surface, the ladder side rails shall extend at least 3 feet (.9 m) above 
the upper landing surface to which the ladder is used to gain access; 
or, when such an extension is not possible because of the ladder's 
length, then the ladder shall be secured at its top to a rigid support 
that will not deflect, and a grasping device, such as a grabrail, shall 
be provided to assist employees in mounting and dismounting the ladder. 
In no case shall the extension be such that ladder deflection under a 
load would, by itself, cause the ladder to slip off its support.
    (2) Ladders shall be maintained free of oil, grease, and other 
slipping hazards.
    (3) Ladders shall not be loaded beyond the maximum intended load for 
which they were built, nor beyond their manufacturer's rated capacity.
    (4) Ladders shall be used only for the purpose for which they were 
designed.
    (5)(i) Non-self-supporting ladders shall be used at an angle such 
that the horizontal distance from the top support to the foot of the 
ladder is approximately one-quarter of the working length of the ladder 
(the distance along the ladder between the foot and the top support).
    (ii) Wood job-made ladders with spliced side rails shall be used at 
an angle such that the horizontal distance is one-eighth the working 
length of the ladder.
    (iii) Fixed ladders shall be used at a pitch no greater than 90 
degrees from the horizontal, as measured to the back side of the ladder.
    (6) Ladders shall be used only on stable and level surfaces unless 
secured to prevent accidental displacement.
    (7) Ladders shall not be used on slippery surfaces unless secured or 
provided with slip-resistant feet to prevent accidental displacement. 
Slip-resistant feet shall not be used as a substitute for care in 
placing, lashing, or holding a ladder that is used upon slippery 
surfaces including, but not limited to, flat metal or concrete surfaces 
that are constructed so they cannot be prevented from becoming slippery.
    (8) Ladders placed in any location where they can be displaced by 
workplace activities or traffic, such as in passageways, doorways, or 
driveways, shall be secured to prevent accidental displacement, or a 
barricade shall be used to keep the activities or traffic away from the 
ladder.
    (9) The area around the top and bottom of ladders shall be kept 
clear.
    (10) The top of a non-self-supporting ladder shall be placed with 
the two rails supported equally unless it is equipped with a single 
support attachment.
    (11) Ladders shall not be moved, shifted, or extended while 
occupied.
    (12) Ladders shall have nonconductive siderails if they are used 
where the

[[Page 533]]

employee or the ladder could contact exposed energized electrical 
equipment, except as provided in Sec.  1926.955(b) and (c) of this part.
    (13) The top or top step of a stepladder shall not be used as a 
step.
    (14) Cross-bracing on the rear section of stepladders shall not be 
used for climbing unless the ladders are designed and provided with 
steps for climbing on both front and rear sections.
    (15) Ladders shall be inspected by a competent person for visible 
defects on a periodic basis and after any occurrence that could affect 
their safe use.
    (16) Portable ladders with structural defects, such as, but not 
limited to, broken or missing rungs, cleats, or steps, broken or split 
rails, corroded components, or other faulty or defective components, 
shall either be immediately marked in a manner that readily identifies 
them as defective, or be tagged with ``Do Not Use'' or similar language, 
and shall be withdrawn from service until repaired.
    (17) Fixed ladders with structural defects, such as, but not limited 
to, broken or missing rungs, cleats, or steps, broken or split rails, or 
corroded components, shall be withdrawn from service until repaired. The 
requirement to withdraw a defective ladder from service is satisfied if 
the ladder is either:
    (i) Immediately tagged with ``Do Not Use'' or similar language,
    (ii) Marked in a manner that readily identifies it as defective;
    (iii) Or blocked (such as with a plywood attachment that spans 
several rungs).
    (18) Ladder repairs shall restore the ladder to a condition meeting 
its original design criteria, before the ladder is returned to use.
    (19) Single-rail ladders shall not be used.
    (20) When ascending or descending a ladder, the user shall face the 
ladder.
    (21) Each employee shall use at least one hand to grasp the ladder 
when progressing up and/or down the ladder.
    (22) An employee shall not carry any object or load that could cause 
the employee to lose balance and fall.

[55 FR 47687, Nov. 14, 1990; 56 FR 2585, Jan. 23, 1991, as amended at 56 
FR 41794, Aug. 23, 1991; 79 FR 20743, Apr. 11, 2014]



Sec. Sec.  1926.1054-1926.1059  [Reserved]



Sec.  1926.1060  Training requirements.

    The following training provisions clarify the requirements of Sec.  
1926.21(b)(2), regarding the hazards addressed in subpart X.
    (a) The employer shall provide a training program for each employee 
using ladders and stairways, as necessary. The program shall enable each 
employee to recognize hazards related to ladders and stairways, and 
shall train each employee in the procedures to be followed to minimize 
these hazards.
    (1) The employer shall ensure that each employee has been trained by 
a competent person in the following areas, as applicable:
    (i) The nature of fall hazards in the work area;
    (ii) The correct procedures for erecting, maintaining, and 
disassembling the fall protection systems to be used;
    (iii) The proper construction, use, placement, and care in handling 
of all stairways and ladders;
    (iv) The maximum intended load-carrying capacities of ladders used; 
and
    (v) The standards contained in this subpart.
    (b) Retraining shall be provided for each employee as necessary so 
that the employee maintains the understanding and knowledge acquired 
through compliance with this section.



           Sec. Appendix A to Subpart X of Part 1926--Ladders

    This appendix serves as a non-mandatory guideline to assist 
employers in complying with the ladder loading and strength requirements 
of Sec.  1926.1053(a)(1). A ladder designed and built in accordance with 
the applicable national consensus standards, as set forth below, will be 
considered to meet the requirements of Sec.  1926.1053(a)(1):
     Manufactured portable wood ladders: American 
National Standards Institute (ANSI) A14.1-1982--American National 
Standard for Ladders-Portable Wood-Safety Requirements.
     Manufactured portable metal ladders: ANSI A14.2-
1982--American National Standard for Ladders--Portable Metal-Safety 
Requirements.
     Manufactured fixed ladders: ANSI A14.3-1984--
American National Standard for Ladders-Fixed-Safety Requirements.

[[Page 534]]

     Job-made ladders: ANSI A14.4-1979--Safety 
Requirements for Job-Made Ladders.
     Plastic ladders: ANSI A14.5-1982--American 
National Standard for Ladders-Portable Reinforced Plastic-Safety 
Requirements.



                            Subpart Y_Diving

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Sec. 107, Contract Work 
Hours and Safety Standards Act (the Construction Safety Standards Act) 
(40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' Compensation Act 
(33 U.S.C. 941); 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), 3-2000 (65 FR 
50017) or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.

    Source: 58 FR 35184, June 30, 1993, unless otherwise noted.

                                 General



Sec.  1926.1071  Scope and application.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.401 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec.  1926.1072  Definitions.

    Note: The provisions applicable to construction work under this 
section are identical to those set forth at Sec.  1910.402 of this 
chapter.

[61 FR 31432, June 20, 1996]

                         Personnel Requirements



Sec.  1926.1076  Qualifications of dive team.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.410 of this 
chapter.

[61 FR 31432, June 20, 1996]

                      General Operations Procedures



Sec.  1926.1080  Safe practices manual.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.420 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec.  1926.1081  Pre-dive procedures.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.421 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec.  1926.1082  Procedures during dive.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.422 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec.  1926.1083  Post-dive procedures.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.423 of this 
chapter.

[61 FR 31432, June 20, 1996]

                     Specific Operations Procedures



Sec.  1926.1084  SCUBA diving.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.424 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec.  1926.1085  Surface-supplied air diving.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.425 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec.  1926.1086  Mixed-gas diving.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.426 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec.  1926.1087  Liveboating.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.427 of this 
chapter.

[61 FR 31432, June 20, 1996]

                  Equipment Procedures and Requirements



Sec.  1926.1090  Equipment.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.430 of this 
chapter.

[61 FR 31432, June 20, 1996]

[[Page 535]]

                              Recordkeeping



Sec.  1926.1091  Recordkeeping requirements.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.440 of this 
chapter.

[61 FR 31432, June 20, 1996]



Sec. Appendix A to Subpart Y of Part 1926--Examples of Conditions Which 
         May Restrict or Limit Exposure to Hyperbaric Conditions

    Note: The requirements applicable to construction work under this 
appendix A are identical to those set forth at appendix A to Subpart T 
of part 1910 of this chapter.

[61 FR 31432, June 20, 1996]



  Sec. Appendix B to Subpart Y of Part 1926--Guidelines for Scientific 
                                 Diving

    Note: The requirements applicable to construction work under this 
appendix B are identical to those set forth at appendix B to subpart T 
of part 1910 of this chapter.

[61 FR 31433, June 20, 1996]



                Subpart Z_Toxic and Hazardous Substances

    Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, 657; and Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-
2012 (77 FR 3912) as applicable; and 29 CFR part 1911.
    Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part 
1911; also issued under 5 U.S.C. 553.



Sec.  1926.1100  [Reserved]



Sec.  1926.1101  Asbestos.

    (a) Scope and application. This section regulates asbestos exposure 
in all work as defined in 29 CFR 1910.12(b), including but not limited 
to the following:
    (1) Demolition or salvage of structures where asbestos is present;
    (2) Removal or encapsulation of materials containing asbestos;
    (3) Construction, alteration, repair, maintenance, or renovation of 
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 
coatings, cements and mastics.
    (b) Definitions.
    Aggressive method means removal or disturbance of building material 
by sanding, abrading, grinding or other method that breaks, crumbles, or 
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 owner is the legal entity, including a lessee, 
which exercises control over management and record keeping functions 
relating to a building and/or facility 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 TSI 
and surfacing ACM and PACM.
    Class II asbestos work means activities involving the removal of ACM 
which is

[[Page 536]]

not thermal system insulation or surfacing material. 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 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).
    Critical barrier means one or more layers of plastic sealed over all 
openings into a work area or any other similarly placed 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. 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

[[Page 537]]

deteriorated so that the asbestos is no longer likely to be bound with 
its matrix.
    Modification for purposes of paragraph (g)(6)(ii), 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 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. 763.90(g).
    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 there is a reasonable possibility they may 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 structure, or portion 
thereof.
    Repair means overhauling, rebuilding, reconstructing, or 
reconditioning of 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, 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 work site 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

[[Page 538]]

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 (f) of this section.
    (4) All employers of employees working adjacent to regulated areas 
established by another employer on a multi-employer work-site, 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 construction 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 
``competent 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 (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)(3) 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) Competent Persons. The employer shall ensure that all asbestos 
work performed within regulated areas is supervised by a competent 
person, as defined in paragraph (b) of this section. The duties of the 
competent person are set out in paragraph (o) of this section.
    (f) Exposure assessments and monitoring--(1) General monitoring 
criteria. (i) Each employer who has a workplace or work operation where 
exposure monitoring is required under this section shall perform 
monitoring to determine accurately the airborne concentrations of 
asbestos to which employees may be exposed.
    (ii) Determinations of employee exposure shall be made from 
breathing zone air samples that are representative of the 8-hour TWA and 
30-minute short-term exposures of each employee.
    (iii) Representative 8-hour TWA employee exposure shall be 
determined on the basis of one or more samples representing full-shift 
exposure for employees in each work area. Representative 30-minute 
short-term employee exposures shall be determined on the basis of one or 
more samples representing 30 minute exposures associated with operations 
that are most likely to produce exposures above the excursion limit for 
employees in each work area.
    (2) Initial Exposure Assessment. (i) Each employer who has a 
workplace or work operation covered by this standard shall ensure that a 
``competent person'' conducts an exposure assessment immediately before 
or at the initiation

[[Page 539]]

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 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 pursuant to 
(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, 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

[[Page 540]]

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 working 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, the employer shall use the following control methods to achieve 
compliance with the TWA permissible exposure limit and excursion limit 
prescribed by paragraph (c) of this section;
    (i) Local exhaust ventilation equipped with HEPA filter dust 
collection systems;
    (ii) Enclosure or isolation of processes producing asbestos dust;
    (iii) Ventilation of the regulated area to move contaminated air 
away from the breathing zone of employees and toward a filtration or 
collection device equipped with a HEPA filter;
    (iv) Use of other work practices and engineering controls that the 
Assistant Secretary can show to be feasible.
    (v) Wherever the feasible engineering and work practice controls 
described above are not sufficient to reduce employee exposure to or 
below the permissible exposure limit and/or excursion limit prescribed 
in paragraph (c) of this section, the employer shall use them to reduce 
employee exposure to the lowest levels attainable by these controls and 
shall supplement them by the use of

[[Page 541]]

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 competent 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 thermal system insulation or surfacing 
material; 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, subpt. E, of the EPA Asbestos in Schools Rule are met, or 
that perimeter area levels, measured by Phase Contrast Microscopy (PCM) 
are no more than background levels representing the same area before the 
asbestos work began. The results of such monitoring shall be made known 
to the employer no later than 24 hours from the end of the work shift 
represented by such monitoring. Exception: For work completed outdoors 
where employees are not working in areas adjacent to the regulated 
areas, this paragraph (g)(4)(ii) is satisfied when the specific control 
methods in paragraph (g)(5) of this section are used.
    (iii) For all Class I jobs, HVAC systems shall be isolated in the 
regulated area by sealing with a double layer of 6 mil plastic or the 
equivalent;
    (iv) For all Class I jobs, impermeable dropcloths shall be placed on 
surfaces beneath all removal activity;
    (v) For all Class I jobs, all objects within the regulated area 
shall be covered with impermeable dropcloths or plastic sheeting which 
is secured by duct tape or an equivalent.
    (vi) For all Class I jobs where the employer cannot produce a 
negative exposure assessment, or where exposure monitoring shows that a 
PEL is 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 methods 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,

[[Page 542]]

    (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 pipe or other structure 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 system uses attached waste bag, such bag shall be 
connected to collection bag using hose or other material which shall 
withstand pressure of ACM waste and water without losing its integrity:
    (8) Sliding valve or other device shall separate waste bag from hose 
to ensure no exposure when 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 specifications for glove bag 
systems above, negative pressure glove bag systems shall attach HEPA 
vacuum systems or other devices to bag to prevent collapse during 
removal.
    (B) Work Practices: (1) The employer shall comply with the work 
practices for glove bag systems in paragraph (g)(5)(ii)(B)(4) of this 
section.
    (2) The HEPA vacuum cleaner or other device used to prevent collapse 
of bag during removal shall run continually during the operation until 
it is completed at which time the bag shall be collapsed prior to 
removal of the bag from the pipe.
    (3) Where a separate waste bag is used along with a collection bag 
and discarded after one use, the collection bag may be reused if rinsed 
clean with amended water before reuse.
    (iv) Negative Pressure Glove Box Systems: Negative pressure glove 
boxes may be used to remove ACM or PACM from pipe runs with the 
following specifications and work practices.
    (A) Specifications:
    (1) Glove boxes shall be constructed with rigid sides and made from 
metal or other material which can withstand the weight of the ACM and 
PACM and water used during removal:
    (2) A negative pressure generator shall be used to create negative 
pressure in the system:
    (3) An air filtration unit shall be attached to the box:
    (4) The box shall be fitted with gloved apertures:

[[Page 543]]

    (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 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 water 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 
smoke-tested to detect breaches, and any breaches sealed.
    (2) Before reuse, the interior shall be completely washed with 
amended water and HEPA-vacuumed.
    (3) During use, air movement shall be directed away from the 
employee's breathing zone within the mini-enclosure.
    (6) Alternative control methods for Class I work. Class I work may 
be performed using a control method which is not referenced in paragraph 
(g)(5) of this section, or which modifies a control method referenced in 
paragraph (g)(5)of this section, if the following provisions are 
complied with:
    (i) The control method shall enclose, contain or isolate the 
processes or source of airborne asbestos dust, or otherwise capture or 
redirect such dust before it enters the breathing zone of employees.
    (ii) A certified industrial hygienist or licensed professional 
engineer who is also qualified as a project designer as defined in 
paragraph (b) of this section, shall evaluate the work area, the 
projected work practices and the engineering controls and shall certify 
in writing that the planned control method is adequate to reduce direct 
and indirect employee exposure to below the PELs under worst-case 
conditions of use, and that the planned control method will prevent 
asbestos contamination outside the regulated area, as measured by 
clearance sampling which meets the requirements of EPA's Asbestos in 
Schools rule issued under AHERA, or perimeter monitoring which meets the

[[Page 544]]

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 ``competent 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 competent 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 materials which contain 
ACM or for which in buildings constructed no later than 1980, the 
employer has not verified the absence of ACM pursuant to paragraph 
(g)(8)(i)(I) of this section. 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):
    (A) Flooring or its backing shall not be sanded.
    (B) Vacuums equipped with HEPA filter, disposable dust bag, and 
metal floor tool (no brush) shall be used to clean floors.
    (C) Resilient sheeting shall be removed by cutting with wetting of 
the snip point and wetting during delamination. Rip-up of resilient 
sheet floor material is prohibited.
    (D) All scraping of residual adhesive and/or backing shall be 
performed using wet methods.
    (E) Dry sweeping is prohibited.
    (F) Mechanical chipping is prohibited unless performed in a negative 
pressure enclosure which meets the requirements of paragraph (g)(5)(i) 
of this section.
    (G) Tiles shall be removed intact, unless the employer demonstrates 
that intact removal is not possible.
    (H) When tiles are heated and can be removed intact, wetting may be 
omitted.
    (I) Resilient flooring material 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

[[Page 545]]

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.
    (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 covered dust-tight chute, crane or hoist, or 
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.

[[Page 546]]

    (v) When performing any other Class II removal of asbestos 
containing material for which specific controls have not been listed in 
paragraph (g)(8)(i) through (iv) 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 paragraph (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 competent 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 produce a ``negative exposure 
assessment'' for a job, or where monitoring results show the PEL has 
been exceeded, the employer shall contain the area using impermeable 
dropcloths and plastic barriers or their equivalent, or shall isolate 
the operation using a control system listed in and in compliance with 
paragraph (g)(5) of this section.
    (v) Employees performing Class III jobs, which involve the 
disturbance of thermal system insulation or surfacing material, or where 
the employer does not produce a ``negative exposure assessment'' or 
where monitoring results show a PEL has been exceeded, 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.

[[Page 547]]

    (ii) Employers of employees who clean up waste and debris in, and 
employers in control of, areas where friable thermal system insulation 
or surfacing material is accessible, shall assume that such waste and 
debris contain asbestos.
    (11) 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)(11) 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)(11) 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)(11).
    (i) Before work begins and as needed during the job, a competent 
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)(11) 
shall be trained in a training program that meets the requirements of 
paragraph (k)(9)(viii) of this section.
    (iii) The material shall not be sanded, abraded, or ground. Manual 
methods which do not render the material non-intact shall be used.
    (iv) Material that has been removed from a roof shall not be dropped 
or thrown to the ground. Unless the material is carried or passed to the 
ground by hand, it shall be lowered to the ground via covered, dust-
tight chute, crane or hoist. All such material shall be removed from the 
roof as soon as is practicable, but in any event no later than the end 
of the work shift.
    (v) Where roofing products which have been labeled as containing 
asbestos pursuant to paragraph (k)(8) of this section are installed on 
non-residential roofs during operations covered by this paragraph 
(g)(11), 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 during:
    (i) Class I asbestos work.
    (ii) Class II asbestos work when ACM is not removed in a 
substantially intact state.
    (iii) Class II and III asbestos work that is not performed using wet 
methods, except for removal of ACM from sloped roofs when a negative-
exposure assessment has been conducted and ACM is removed in an intact 
state.
    (iv) Class II and III asbestos work for which a negative-exposure 
assessment has not been conducted.
    (v) Class III asbestos work when TSI or surfacing ACM or PACM is 
being disturbed.
    (vi) Class IV asbestos work performed within regulated areas where 
employees who are performing other work are required to use respirators.
    (vii) Work operations covered by this section for which employees 
are exposed above the TWA or excursion limit.
    (viii) Emergencies.
    (2) Respirator program. (i) The employer must implement a 
respiratory protection program in accordance with Sec.  1910.134 (b) 
through (d) (except (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 asbestos work that requires 
respirator use if, based on their most recent medical examination, the 
examining physician determines that the employee will be unable to 
function normally while using a respirator, or that the safety or

[[Page 548]]

health of the employee or other employees will be impaired by the 
employee's respirator use. Such employees must be assigned to another 
job or given the opportunity to transfer to a different position that 
they can perform. If such a transfer position is available, it must be 
with the same employer, in the same geographical area, and with the same 
seniority, status, rate of pay, and other job benefits the employee had 
just prior to such transfer.
    (3) Respirator selection. (i) Employers must:
    (A) Select, and provide to employees, 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.
    (B) Provide HEPA filters for powered and non-powered air-purifying 
respirators.
    (ii) Employers must provide an employee with tight-fitting, powered 
air-purifying respirator (PAPR) instead of a negative pressure 
respirator selected according to paragraph (h)(3)(i)(A) of this standard 
when the employee chooses to use a PAPR and it provides adequate 
protection to the employee.
    (iii) 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.
    (iv) Employers must provide employees with:
    (A) A tight-fitting powered air-purifying respirator or a full 
facepiece, supplied-air respirator operated in the pressure-demand mode 
and equipped with either HEPA egress cartridges or an auxiliary 
positive-pressure, self-contained breathing apparatus (SCBA) whenever 
the employees are in a regulated area performing Class I asbestos work 
for which a negative exposure assessment is not available and the 
exposure assessment indicates that the exposure level will be at or 
below 1 f/cc as an 8-hour time-weighted average (TWA).
    (B) A full facepiece supplied-air respirator operated in the 
pressure-demand mode and equipped with an auxiliary positive-pressure 
SCBA whenever the employees are in a regulated area performing Class I 
asbestos work for which a negative exposure assessment is not available 
and the exposure assessment indicates that the exposure level will be 
above 1 f/cc as an 8-hour TWA.
    (i) Protective clothing--(1) General. The employer shall provide or 
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 and 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 and excursion limit prescribed in 
paragraph (c) of this section.
    (3) Contaminated clothing. Contaminated clothing shall be 
transported in sealed impermeable bags, or other closed, impermeable 
containers, and be labeled in accordance with paragraph (k) of this 
section.
    (4) Inspection of protective clothing. (i) The competent person 
shall examine worksuits worn by employees at least once per workshift 
for rips or tears that may occur during performance of work.
    (ii) When rips or tears are detected while an employee is working, 
rips and tears shall be immediately mended, or

[[Page 549]]

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. The employer shall establish a 
decontamination area that is adjacent and connected to the regulated 
area for the decontamination of such employees. The decontamination area 
shall consist of an equipment room, shower area, and clean room in 
series. The employer shall ensure that employees enter and exit the 
regulated area through the decontamination area.
    (A) Equipment room. The equipment room shall be supplied with 
impermeable, labeled bags and containers for the containment and 
disposal of contaminated protective equipment.
    (B) Shower area. Shower facilities shall be provided which comply 
with 29 CFR 1910.141(d)(3), unless the employer can demonstrate that 
they are not feasible. The showers shall be adjacent both to the 
equipment room and the clean room, unless the employer can demonstrate 
that this location is not feasible. Where the employer can demonstrate 
that it is not feasible to locate the shower between the equipment room 
and the clean room, or where the work is performed outdoors, 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, 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 ACM 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

[[Page 550]]

asbestos which shall consist of an area covered by an impermeable drop 
cloth on the floor or horizontal working surface.
    (ii) The area must be of sufficient size as to accommodate cleaning 
of equipment and removing personal protective equipment without 
spreading contamination beyond the area (as determined by visible 
accumulations).
    (iii) Work clothing must be cleaned with a HEPA vacuum before it is 
removed.
    (iv) All equipment and surfaces of containers filled with ACM must 
be cleaned prior to removing them from the equipment room or area.
    (v) The employer shall ensure that employees enter and exit the 
regulated area through the equipment room or area.
    (3) Requirements for Class IV work. Employers shall ensure that 
employees performing Class IV work within a regulated area comply with 
the hygiene practice required of employees performing work which has a 
higher classification within that regulated area. Otherwise employers of 
employees cleaning up debris and material which is TSI or surfacing ACM 
or identified as PACM shall provide decontamination facilities for such 
employees which are required by paragraph (j)(2) of this section.
    (4) Smoking in work areas. The employer shall ensure that employees 
do not smoke in work areas where they are occupationally exposed to 
asbestos because of activities in that work area.
    (k) Communication of hazards--(1) Hazard communication. (i) This 
section applies to the communication of information concerning asbestos 
hazards in construction activities to facilitate compliance with this 
standard. Most asbestos-related construction activities involve 
previously installed building materials. Building 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 Material. Employers and 
building owners shall identify TSI and sprayed or troweled on surfacing 
materials in buildings as asbestos-containing, unless they determine in 
compliance with paragraph (k)(5) of this section that the material is 
not asbestos-containing. Asphalt and vinyl flooring material installed 
no later than 1980 must also be considered as asbestos containing unless 
the employer, pursuant to paragraph (g)(8)(i)(I) of this section 
determines that it is not asbestos-containing. If the employer/building 
owner has actual knowledge, or should have known through the exercise of 
due diligence, that other materials are asbestos-containing, they too 
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 
section.
    (ii) 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 HCS and paragraphs (k)(9) and (10) 
of this section. The employer shall provide information on at least the 
following hazards: Cancer and lung effects.
    (2) Duties of building and facility owners. (i) Before work subject 
to this standard is begun, building and facility owners shall determine 
the presence, location, and quantity of ACM and/or PACM at the work site 
pursuant to paragraph (k)(1)(i) of this section.
    (ii) Building and/or facility owners shall notify the following 
persons of the presence, location and quantity of ACM or PACM, at the 
work sites in their buildings and facilities. 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;

[[Page 551]]

    (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 material.
    (3) Duties of employers whose employees perform work subject to this 
standard in or adjacent to areas containing ACM and PACM. Building/
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)(i) 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 in the area and 
the precautions to be taken to insure that airborne asbestos is confined 
to the area.
    (A) Owners of the building/facility;
    (B) Employees who will perform such work and employers of employees 
who work and/or will be working in adjacent areas.
    (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/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 area and final monitoring results, if any.
    (4) In addition to the above requirements, all employers who 
discover ACM and/or PACM on a worksite 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 owner may demonstrate, for 
purposes of this standard, that PACM does not contain asbestos. Building 
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 a completed 
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 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 owner shall post signs which identify the material which is 
present, its location, and appropriate work practices which, if 
followed, will ensure

[[Page 552]]

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) 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) (A) The warning signs required by paragraph (k)(7) of this 
section shall bear the following information.

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

    (B) 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

    (C) Prior to June 1, 2016, employers may use the following legend in 
lieu of that specified in paragraph (k)(7)(ii)(A) of this section:

DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY

    (D) Prior to June 1, 2016, employers may use the following legend in 
lieu of that specified in paragraph (k)(7)(ii)(B) of this section:

      RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA

    (iii) The employer shall ensure that employees working in and 
contiguous to regulated areas comprehend the warning signs required to 
be posted by paragraph (k)(7)(i) of this section. Means to ensure 
employee comprehension may include the use of foreign languages, 
pictographs and graphics.
    (8) Labels. (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) The employer shall ensure that such labels comply with 
paragraphs (k) of this section.
    (iii) 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

    (iv) (A) Prior to June 1, 2015, employers may include the following 
information on raw materials, mixtures or labels of bags or containers 
of protective clothing and equipment, scrap, waste, and debris 
containing asbestos fibers in lieu of the labeling requirements in 
paragraphs (k)(8)(ii) and (k)(8)(iii) of this section:

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

    (B) Labels shall also contain a warning statement against breathing 
asbestos fibers.
    (v) [Reserved]
    (vi) The provisions for labels required by paragraphs (k)(8)(i) 
through (k)(8)(iii) 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.
    (vii) When a building owner or employer identifies previously 
installed PACM and/or ACM, labels or signs shall be affixed or posted so 
that employees

[[Page 553]]

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 labelling. 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.
    (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. Such training shall be 
conducted at no cost to the employee. The employer shall institute a 
training program and ensure employee participation in the program.
    (ii) Training shall be provided prior to or at the time of initial 
assignment and at least annually thereafter.
    (iii) Training for Class I operations and for Class II operations 
that require the use of critical barriers (or equivalent isolation 
methods) and/or negative pressure enclosures under this section shall be 
the equivalent in curriculum, training method and length to the EPA 
Model Accreditation Plan (MAP) asbestos abatement workers training (40 
CFR part 763, subpart E, appendix C).
    (iv) Training for other Class II work.
    (A) For work with asbestos containing roofing materials, flooring 
materials, siding materials, ceiling tiles, or transite panels, training 
shall include at a minimum all the elements included in paragraph 
(k)(9)(viii) of this section and in addition, the specific work 
practices and engineering controls set forth in paragraph (g) of this 
section which specifically relate to that category. Such course shall 
include ``hands-on'' training and shall take at least 8 hours.
    (B) An employee who works with more than one of the categories of 
material specified in paragraph (k)(9)(iv)(A) of this section shall 
receive training in the work practices applicable to each category of 
material that the employee removes and each removal method that the 
employee uses.
    (C) For Class II operations not involving the categories of material 
specified in paragraph (k)(9)(iv)(A) of this section, training shall be 
provided which shall include at a minimum all the elements included in 
paragraph (k)(9)(viii) of this section and in addition, the specific 
work practices and engineering controls set forth in paragraph (g) of 
this section which specifically relate to the category of material being 
removed, and shall include ``hands-on'' training in the work practices 
applicable to each category of material that the employee removes and 
each removal method that the employee uses.
    (v) Training for Class III employees shall be consistent with EPA 
requirements for training of local education agency maintenance and 
custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall 
also include ``hands-on'' training and shall take at least 16 hours. 
Exception: For Class III operations for which the competent person 
determines that the EPA curriculum does not adequately cover the 
training needed to perform that activity, training shall include as a 
minimum all the elements included in paragraph (k)(9)(viii) of this 
section and in addition, the specific work practices and engineering 
controls set forth in paragraph (g) of this section which specifically 
relate to that activity, and shall include ``hands-on'' training in the 
work practices applicable to each category of material that the employee 
disturbs.
    (vi) Training for employees performing Class IV operations shall be 
consistent with EPA requirements for training of local education agency 
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). 
Such a course shall include available information concerning the 
locations of thermal system insulation and surfacing ACM/PACM, and 
asbestos-containing flooring material, or flooring material where the 
absence of asbestos has not yet been certified; and instruction in

[[Page 554]]

recognition of damage, deterioration, and delamination of asbestos 
containing building materials. Such 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 
provisions in paragraphs (k)(9)(iii) through (vi) of this section, the 
employer shall ensure that each such employee is informed of the 
following:
    (A) Methods of recognizing asbestos, including the requirement in 
paragraph (k)(1) of this section to presume that certain building 
materials contain asbestos;
    (B) The health effects associated with asbestos exposure;
    (C) The relationship between smoking and asbestos in producing lung 
cancer;
    (D) The nature of operations that could result in exposure to 
asbestos, the importance of necessary protective controls to minimize 
exposure including, as applicable, engineering controls, work practices, 
respirators, housekeeping procedures, hygiene facilities, protective 
clothing, decontamination procedures, emergency procedures, and waste 
disposal procedures, and any necessary instruction in the use of these 
controls and procedures; where Class III and IV work will be or is 
performed, the contents of EPA 20T-2003, ``Managing Asbestos In-Place'' 
July 1990 or its equivalent in content;
    (E) The purpose, proper use, fitting instructions, and limitations 
of respirators as required by 29 CFR 1910.134;
    (F) The appropriate work practices for performing the asbestos job;
    (G) Medical surveillance program requirements;
    (H) The content of this standard including appendices;
    (I) The names, addresses and phone numbers of public health 
organizations which provide information, materials and/or conduct 
programs concerning smoking cessation. The employer may distribute the 
list of such organizations contained in appendix J to this section, to 
comply with this requirement; and
    (J) The requirements for posting signs and affixing labels and the 
meaning of the required legends for such signs and labels.
    (10) Access to training materials. (i) The employer shall make 
readily available to affected employees without cost, written materials 
relating to the employee training program, including a copy of this 
regulation.
    (ii) The employer shall provide to the Assistant Secretary and the 
Director, upon request, all information and training materials relating 
to the employee information and training program.
    (iii) The employer shall inform all employees concerning the 
availability of self-help smoking cessation program material. Upon 
employee request, the employer shall distribute such material, 
consisting of NIH Publication No, 89-1647, or equivalent self-help 
material, which is approved or published by a public health organization 
listed in appendix J to this section.
    (l) Housekeeping--(1) Vacuuming. Where vacuuming methods are 
selected, HEPA filtered vacuuming equipment must be used. The equipment 
shall be used and emptied in a manner that minimizes the reentry of 
asbestos into the workplace.
    (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, 
equipment, and contaminated clothing consigned for disposal shall be 
collected and disposed of in sealed, labeled, impermeable bags or other 
closed, labeled, impermeable containers except in roofing operations, 
where the procedures specified in paragraph (g)(8)(ii) of this section 
apply.
    (3) Care of asbestos-containing flooring material. (i) All vinyl and 
asphalt flooring 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 does not 
contain asbestos.
    (ii) Sanding of flooring material is prohibited.
    (iii) Stripping of finishes shall be conducted using low abrasion 
pads at

[[Page 555]]

speeds lower than 300 rpm and wet methods.
    (iv) Burnishing or dry buffing may be performed only on flooring 
which has sufficient finish so that the pad cannot contact the flooring 
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 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.

[[Page 556]]

    (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 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) to 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), 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 competent 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 Sec.  1910.1020 of this chapter

[[Page 557]]

    (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 Sec.  
1910.1020 of this chapter.
    (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 
Sec.  1910.1020 of this chapter.
    (4) Training records. The employer shall maintain all employee 
training records for one (1) year beyond the last date of employment by 
that employer.
    (5) Data to Rebut PACM. 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.
    (6) Records of required notifications. Where the building owner has 
communicated and received information concerning the identification, 
location and quantity of ACM and PACM, written records of such 
notifications and their content shall be maintained by the building 
owner for the duration of ownership and shall be transferred to 
successive owners of such buildings/facilities.
    (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 must comply with the requirements concerning 
availability of records set forth in 29 CFR 1910.1020.
    (8) Transfer of records. The employer must comply with the 
requirements concerning transfer of records set forth in 29 CFR 
1910.1020(h).
    (o) Competent person--(1) General. On all construction worksites 
covered by this standard, the employer shall designate a competent 
person, having the qualifications and authorities 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 competent person. Section 
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 competent persons, is 
incorporated.
    (3) Additional inspections. In addition, the competent person shall 
make frequent and regular inspections of the job sites, in order to 
perform the duties set out below 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 competent 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;

[[Page 558]]

    (F) Ensure through on-site supervision, that employees set up, use, 
and remove engineering controls, use work practices and personal 
protective equipment in compliance with all requirements;
    (G) Ensure that employees use the hygiene facilities and observe the 
decontamination procedures specified in paragraph (j) of this section;
    (H) Ensure that through on-site inspection, engineering controls are 
functioning properly and employees are using proper work practices; and,
    (I) Ensure that notification requirement in paragraph (k) of this 
section are met.
    (ii) [Reserved]
    (4) Training for the competent person. (i) For Class I and II 
asbestos work the competent 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 competent 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. 
Competent persons for Class III and IV work, may also be trained 
pursuant to the requirements of paragraph (o)(4)(i) of this section.
    (p) Appendices. (1) Appendices A, 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.  1926.1101--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 of this regulation, the 
most current version of the OSHA method ID-160, or the most current 
version of the NIOSH Method 7400). All employers who are required to 
conduct air monitoring under paragraph (f) of the standard 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 electrically conductive 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. Do not 
reuse or reload cassettes for asbestos sample collection.
    3. An air flow rate between 0.5 liter/min and 2.5 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 2.5 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.

[[Page 559]]

    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 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 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 
counting.

    c. If the image deteriorates, clean and adjust the microscope 
optics. If the problem persists, cosult 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 3:1 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. Intralaboratory 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.
    2a. Interlaboratory program. Each laboratory analyzing asbestos 
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 
workload for use in this program. The round robin shall be designed and 
results analyzed using appropriate statistical methodology.
    b. All laboratories should also participate in a national sample 
testing scheme such as the Proficiency Analytical Testing Program (PAT), 
or the Asbestos Registry sponsored by the American Industrial Hygiene 
Association (AIHA).
    3. All individuals performing asbestos analysis must have taken the 
NIOSH course for sampling and evaluating airborne asbestos dust or an 
equivalent course.
    4. When the use of different microscopes contributes to differences 
between counters

[[Page 560]]

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.  1926.1101--Sampling and Analysis (Non-Mandatory)

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Matrix Air:
  OSHA Permissible Exposure Limits:
    Time Weighted Average...............  0.1 fiber/cc
    Excursion Level (30 minutes)........  1.0 fiber/cc
Collection Procedure:
    A known volume of air is drawn through a 25-mm diameter cassette
containing a mixed-cellulose ester filter. The cassette must be equipped
 with an electrically conductive 50-mm extension cowl. The sampling time
   and rate are chosen to give a fiber density of between 100 to 1,300
                        fibers/mm2 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..............................                 Mg3 Si2 O5(OH)4
Crocidolite.............................     Na2 Fe3\2 + \ Fe2\3 + \ Si8
                                                                O22(OH)2
Amosite.................................           (Mg,Fe)7 Si8 O22(OH)2
Tremolite-actinolite....................        Ca2(Mg,Fe)5 Si8 O22(OH)2
Anthophyllite...........................           (Mg,Fe)7 Si8 O22(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

[[Page 561]]

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

                             1.2. Principle

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

                    1.3. Advantages and Disadvantages

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

                         1.4. Workplace Exposure

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

                        1.5. Physical Properties

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

                      2. Range and Detection Limit

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

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

Where:

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

    This value was compared with CV vs. count curves. The count at which 
CV = 0.61 for Leidel-Busch counting statistics 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

[[Page 562]]

100 fields. The count is discontinued when 100 fibers are counted, 
provided that 20 fields have already been counted. Counting more than 
100 fibers results in only a small gain in precision. As the total count 
drops below 10 fibers, an accelerated loss of precision is noted.
    At this time, there is no known method to determine the absolute 
accuracy of the asbestos analysis. Results of samples prepared through 
the Proficiency Analytical Testing (PAT) Program and analyzed by the 
OSHA-SLTC showed no significant bias when compared to PAT reference 
values. The PAT samples were analyzed from 1987 to 1989 (N = 36) and the 
concentration range was from 120 to 1,300 fibers/mm\2\.

                            4. Interferences

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

fiberglass
anhydrite
plant fibers
perlite veins
gypsum
some synthetic fibers
membrane structures
sponge spicules
diatoms
microorganisms
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 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.

[[Page 563]]

    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      100.
 dust).
Asbestos removal operations (little       240.
 dust).
Office environments.....................  400 to 2,400.
------------------------------------------------------------------------

    CAUTION: Do not overload the filter with dust. High levels of non-
fibrous dust particles may obscure fibers on the filter and lower the 
count or make counting impossible. If more than about 25 to 30% of the 
field area is obscured with dust, the result may be biased low. Smaller 
air volumes may be necessary when there is excessive non-asbestos dust 
in the air.
    While sampling, observe the filter with a small flashlight. If there 
is a visible layer of dust on the filter, stop sampling, remove and seal 
the cassette, and replace with a new sampling assembly. The total dust 
loading should not exceed 1 mg.
    5.2.9. Blank samples are used to determine if any contamination has 
occurred during sample handling. Prepare two blanks for the first 1 to 
20 samples. For sets containing greater than 20 samples, prepare blanks 
as 10% of the samples. Handle blank samples in the same manner as air 
samples with one exception: Do not draw any air through the blank 
samples. Open the blank cassette in the place where the sample cassettes 
are mounted on the employee. Hold it open for about 30 seconds. Close 
and seal the cassette appropriately. Store blanks for shipment with the 
sample cassettes.
    5.2.10. Immediately after sampling, close and seal each cassette 
with the base and plastic plugs. Do not touch or puncture the filter 
membrane as this will invalidate the analysis.
    5.2.11 Attach and secure a sample seal around each sample cassette 
in such a way as to assure that the end cap and base plugs cannot be 
removed without destroying the seal. Tape the ends of the seal together 
since the seal is not long enough to be wrapped end-to-end. Also wrap 
tape around the cassette at each joint to keep the seal secure.
    5.3.1. 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.

[[Page 564]]

                        6.4. Standard Preparation

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

                          6.5. Sample Mounting

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

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

                          6.6. Sample Analysis

    Completely align the microscope according to the manufacturer's 
instructions. Then, align the microscope using the following general 
alignment routine at the beginning of every counting session and more 
often if necessary.
    6.6.1. Alignment
    (1) Clean all optical surfaces. Even a small amount of dirt can 
significantly degrade the image.
    (2) Rough focus the objective on a sample.
    (3) Close down the field iris so that it is visible in the field of 
view. Focus the image of the iris with the condenser focus. Center the 
image of the iris in the field of view.
    (4) Install the phase telescope and focus on the phase rings. 
Critically center the rings. Misalignment of the rings results in 
astigmatism which will degrade the image.
    (5) Place the phase-shift test slide on the microscope stage and 
focus on the lines. The analyst must see line set 3 and should see at 
least parts of 4 and 5 but, not see line set 6 or 6. A microscope/
microscopist combination which does not pass this test may not be used.
    6.6.2. Counting Fibers
    (1) Place the prepared sample slide on the mechanical stage of the 
microscope. Position 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.

[[Page 565]]

    (5) Count only fibers equal to or longer than 5 [micro]m. Measure 
the length of curved fibers along the curve.
    (6) Count fibers which have a length to width ratio of 3:1 or 
greater.
    (7) Count all the fibers in at least 20 fields. Continue counting 
until either 100 fibers are counted or 100 fields have been viewed; 
whichever occurs first. Count all the fibers in the final field.
    (8) Fibers lying entirely within the boundary of the Walton-Beckett 
graticule field shall receive a count of 1. Fibers crossing the boundary 
once, having one end within the circle shall receive a count of \1/2\. 
Do not count any fiber that crosses the graticule boundary more than 
once. Reject and do not count any other fibers even though they may be 
visible outside the graticule area. If a fiber touches the circle, it is 
considered to cross the line.
    (9) Count bundles of fibers as one fiber unless individual fibers 
can be clearly identified and each individual fiber is clearly not 
connected to another counted fiber. See Figure 1 for counting 
conventions.
    (10) Record the number of fibers in each field in a consistent way 
such that filter non-uniformity can be assessed.
    (11) Regularly check phase ring alignment.
    (12) When an agglomerate (mass of material) covers more than 25% of 
the field of view, reject the field and select another. Do not include 
it in the number of fields counted.
    (13) Perform a ``blind recount'' of 1 in every 10 filter wedges 
(slides). Re-label the slides using a person other than the original 
counter.

                        6.7. Fiber Identification

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

         6.8. Analytical Recommendations--Quality Control System

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

                             7. Calculations

    7.1. Calculate the estimated airborne asbestos fiber concentration 
on the filter sample using the following formula:
[GRAPHIC] [TIFF OMITTED] TR10AU94.033

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

[[Page 566]]

diameter using an inside micrometer. The collection area is calculated 
according to the formula:

Area = [dagger](d/2)\2\

                       7.2. Short-Cut Calculation

    Since a given analyst always has the same interpupillary distance, 
the number of fields per filter for a particular analyst will remain 
constant for a given size filter. The field size for that analyst is 
constant (i.e. the analyst is using an assigned microscope and is not 
changing the reticle).
    For example, if the exposed area of the filter is always 385 mm\2\ 
and the size of the field is always 0.00785 mm\2\ the number of fields 
per filter will always be 49,000. In addition it is necessary to convert 
liters of air to cc. These three constants can then be combined such 
that ECA/(1,000 x MFA) = 49. The previous equation simplifies to:
[GRAPHIC] [TIFF OMITTED] TR10AU94.034

                        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] TR29JN95.002
    
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), U.S. 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

[[Page 567]]

and A.W. Verstuyft. Wash. DC: American Chemical Society, (ACS Symposium 
Series 120) 1980. pp. 13-41.

                             Quality Control

    The OSHA asbestos regulations require each laboratory to establish a 
quality control program. The following is presented as an example of how 
the OSHA-SLTC constructed its internal CV curve as part of meeting this 
requirement. Data is from 395 samples collected during OSHA compliance 
inspections and analyzed from October 1980 through April 1986.
    Each sample was counted by 2 to 5 different counters independently 
of one another. The standard deviation and the CV statistic was 
calculated for each sample. This data was then plotted on a graph of CV 
vs. fibers/mm\2\. A least squares regression was performed using the 
following equation:

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

where:

x = the number of fibers/mm\2\
    Application of least squares gave:
A = 0.182205
B = 0.973343
C = 0.327499

    Using these values, the equation becomes:

CV = antilog10[0.182205(log10(x))\2\
 -0.973343(log10(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] TR10AU94.036

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] TR10AU94.037

    Example: If PL = 108 [micro]m, AL = 2.93 mm and D = 100 [micro]m, 
then,
[GRAPHIC] [TIFF OMITTED] TR10AU94.038

    (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 = [dagger](D/2) \2\
If D = 100 [micro]m = 0.1 mm, then
Field Area = [dagger](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 568]]

[GRAPHIC] [TIFF OMITTED] TR10AU94.025


                   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.  1926.1101 [Reserved]

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Appendix E to Sec.  1926.1101--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.  1926.6), and recorded on a classification

[[Page 586]]

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 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.  1926.1101--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.  1926.1101 (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 also those of USEPA (40 CFR 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 be worn 
by employees;
A description of the local exhaust ventilation systems to be used and 
how they are to be tested;

[[Page 587]]

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 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

[[Page 588]]

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).
    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 this section 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

[[Page 589]]

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 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 this section, 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.  1926.1101 [Reserved]

   Appendix H to Sec.  1926.1101--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,

[[Page 590]]

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 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.

[[Page 591]]

   Appendix I to Sec.  1926.1101--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 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 above, exposure to asbestos has 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 limit (0.1 fiber per cubic centimeter of air). All 
examinations and procedures must be performed by or under the 
supervision of a 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.
    (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.

[[Page 592]]

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

Appendix J to Sec.  1926.1101--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) conducts 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 (OSH) is the Department of Health 
and Human Services' lead agency in smoking control. OSH 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.  1926.1101--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.

[[Page 593]]

    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 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).......  Na2 Fe32 + Fe23 + Si8 O22(OH)2
Cummingtonite-Grunerite asbestos                   (Mg,Fe)7 Si8 O22(OH)2
 (Amosite)..............................
Tremolite-Actinolite asbestos...........        Ca2(Mg,Fe)5 Si8 O22(OH)2
Anthophyllite asbestos..................           (Mg,Fe)7 Si8 O22(OH)2
 

    Asbestos Fiber: A fiber of asbestos meeting the criteria for a 
fiber. (See section 3.5. of this Appendix)
    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(Si2 O5(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

[[Page 594]]

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 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

[[Page 595]]

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.
    (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

[[Page 596]]

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 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.

[[Page 597]]

                               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 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 
mechanical stage.
    (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.

    Note: 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

[[Page 598]]

yield to this treatment. Select a portion of the material and then grind 
it up if possible. Weigh the sample and place it in a test tube. Add 
sufficient THF to dissolve the organic matrix. This is usually about 4 
to 5 mL. Remember, THF is highly flammable. Filter the remaining 
material through a tared silver membrane, dry and weigh to determine how 
much is left after the solvent extraction. Further process the sample to 
remove carbonate or mount directly.
    (d) Samples With Carbonate Interference
    Carbonate material is often found on fibers and sometimes must be 
removed in order to perform dispersion microscopy. Weigh out a portion 
of the material and place it in a test tube. Add a sufficient amount of 
0.1 M HCl or decalcifying solution in the tube to react all the 
carbonate as evidenced by gas formation; i.e., when the gas bubbles 
stop, add a little more solution. If no more gas forms, the reaction is 
complete. Filter the material out through a tared silver membrane, dry 
and weigh to determine the weight lost.

                         3.4. Sample Preparation

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

                        3.5. Analytical procedure

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

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

[[Page 599]]

[GRAPHIC] [TIFF OMITTED] TR10AU94.026

    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 have a very high tensile strength 
as demonstrated by bending without breaking. Asbestos fibers exist in 
bundles that are easily

[[Page 600]]

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 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.

[[Page 601]]

    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.''

                          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 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

[[Page 602]]

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. A compensator is 
a piece of mineral with known properties that ``compensates'' for some 
deficiency in the optical train. 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 603]]

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]-n[alpha])
R = retardation, t = crystal thickness in [micro]m, and
n[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 604]]

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

[[Page 605]]

to the Mining Community, Nation Bureau of Standards Special Publication, 
Washington, DC, 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.

[51 FR 22756, June 20, 1986]

    Editorial Note: For Federal Register citations affecting Sec.  
1926.1101, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec.  1926.1102  Coal tar pitch volatiles; interpretation of term.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1103  13 carcinogens (4-Nitrobiphenyl, etc.).

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1104  alpha-Naphthylamine.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1105  [Reserved]



Sec.  1926.1106  Methyl chloromethyl ether.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1107  3,3'-Dichlorobenzidiene (and its salts).

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1108  bis-Chloromethyl ether.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1109  beta-Naphthylamine.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1110  Benzidine.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1111  4-Aminodiphenyl.

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

[61 FR 31433, June 20, 1996]

[[Page 606]]



Sec.  1926.1112  Ethyleneimine.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1113  beta-Propiolactone.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1114  2-Acetylaminofluorene.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1115  4-Dimethylaminoazobenzene.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1116  N-Nitrosodimethylamine.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1117  Vinyl chloride.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1118  Inorganic arsenic.

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

[61 FR 31433, June 20, 1996]



Sec.  1926.1124  Beryllium.

    (a) Scope and application. (1) This standard applies to occupational 
exposure to beryllium in all forms, compounds, and mixtures in 
construction, 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 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

[[Page 607]]

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.
    Competent person means an individual who is capable of identifying 
existing and foreseeable beryllium hazards in the workplace and who has 
authorization to take prompt corrective measures to eliminate or 
minimize them. The competent person must have the knowledge, ability, 
and authority necessary to fulfill the responsibilities set forth in 
paragraph (e) of this standard.
    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.
    This standard means this beryllium standard, 29 CFR 1926.1124.
    (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 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

[[Page 608]]

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). 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 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.

[[Page 609]]

    (iii) The employer must ensure that each observer follows all other 
applicable safety and health procedures.
    (e) Competent person. Wherever employees are, or can reasonably be 
expected to be, exposed to airborne beryllium at levels above the TWA 
PEL or STEL, the employer must designate a competent person to
    (1) Make frequent and regular inspections of job sites, materials, 
and equipment;
    (2) Implement the written exposure control plan under paragraph (f) 
of this standard;
    (3) Ensure that all employees use respiratory protection in 
accordance with paragraph (g) of this standard; and
    (4) Ensure that all employees use 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 restrict access to work areas when airborne 
exposures are, or can reasonably be expected to be, above the TWA PEL or 
STEL, to minimize the number of employees exposed to airborne beryllium 
and their level of exposure, including exposures generated by other 
employers or sole proprietors;
    (E) Procedures used to ensure the integrity of each containment used 
to minimize exposures to employees outside the containment; and
    (F) 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.
    (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

[[Page 610]]

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) of this 
standard.
    (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 and Life Saving Equipment standards for construction (subpart 
E 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 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 up 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.

[[Page 611]]

    (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), 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;
    (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:

[[Page 612]]

    (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;
    (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

[[Page 613]]

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 paragraphs (k)(5)(i), (ii), (iv), and (v) of 
this standard 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 paragraph (k)(6)(i) 
of this standard, 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 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,

[[Page 614]]

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)(4) of this standard.
    (2) 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 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

[[Page 615]]

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).
    (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 2751, Jan. 9, 2017, as amended at 84 FR 51400, Sept. 30, 2019; 85 
FR 53997, Aug. 31, 2020; 86 FR 11120, Feb. 24, 2021]



Sec.  1926.1126  Chromium (VI).

    (a) Scope. (1) This standard applies to occupational exposures to 
chromium (VI) in all forms and compounds in construction, except:

[[Page 616]]

    (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.
    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.  1926.1126 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

[[Page 617]]

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).
    (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

[[Page 618]]

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 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 shall be 
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 1926.51 Where skin contact with 
chromium (VI) occurs, the employer shall provide washing facilities in 
conformance with 29 CFR 1926.51. Eating and drinking areas provided by 
the employer shall also be in conformance with Sec.  1926.51.
    (2) Change rooms. The employer shall assure that change rooms are 
equipped

[[Page 619]]

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:
    (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

[[Page 620]]

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 on containers of chromium and safety data sheets, and 
is trained in accordance with the provisions of Sec.  1910.1200 and 
paragraph (j)(2) of this section. The employer shall provide information 
on at least the following hazards: Cancer; eye irritation; and skin 
sensitization.
    (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

[[Page 621]]

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;
    (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 10382, Feb. 28, 2006, as amended at 73 FR 75589, Dec. 12, 2008; 
75 FR 12686, Mar. 17, 2010; 77 FR 17895, Mar. 26, 2012]



Sec.  1926.1127  Cadmium.

    (a) Scope. This standard applies to all occupational exposures to 
cadmium and cadmium compounds, in all forms, in all construction work 
where an employee may potentially be exposed to cadmium. Construction 
work is defined as work involving construction, alteration and/or 
repair, including but not limited to the following:
    (1) Wrecking, demolition or salvage of structures where cadmium or 
materials containing cadmium are present;
    (2) Use of cadmium containing-paints and cutting, brazing, burning, 
grinding or welding on surfaces that were painted with cadmium-
containing paints;
    (3) Construction, alteration, repair, maintenance, or renovation of 
structures, substrates, or portions thereof, that contain cadmium, or 
materials containing cadmium;
    (4) Cadmium welding; cutting and welding cadmium-plated steel; 
brazing or welding with cadmium alloys;
    (5) Installation of products containing cadmium;
    (6) Electrical grounding with cadmium welding, or electrical work 
using cadmium-coated conduit;
    (7) Maintaining or retrofitting cadmium-coated equipment;
    (8) Cadmium contamination/emergency cleanup; and
    (9) Transportation, disposal, storage, or containment of cadmium or 
materials containing cadmium on the site or location at which 
construction activities are performed.
    (b) Definitions.
    Action level (AL) is defined as an airborne concentration of cadmium 
of 2.5 micrograms per cubic meter of air (2.5

[[Page 622]]

[micro]g/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.
    Authorized person means any person authorized by the employer and 
required by work duties to be present in regulated areas or any person 
authorized by the OSH Act or regulations issued under it to be in 
regulated areas.
    Competent person, in accordance with 29 CFR 1926.32(f), means a 
person designated by the employer to act on the employer's behalf who is 
capable of identifying existing and potential cadmium hazards in the 
workplace and the proper methods to control them in order to protect 
workers, and has the authority necessary to take prompt corrective 
measures to eliminate or control such hazards. The duties of a competent 
person include at least the following: Determining prior to the 
performance of work whether cadmium is present in the workplace; 
establishing, where necessary, regulated areas and assuring that access 
to and from those areas is limited to authorized employees; assuring the 
adequacy of any employee exposure monitoring required by this standard; 
assuring that all employees exposed to air cadmium levels above the PEL 
wear appropriate personal protective equipment and are trained in the 
use of appropriate methods of exposure control; assuring that proper 
hygiene facilities are provided and that workers are trained to use 
those facilities; and assuring that the engineering controls required by 
this standard are implemented, maintained in proper operating condition, 
and functioning properly.
    Director means the Director of the National Institute for 
Occupational Safety and Health (NIOSH), U.S. Department of Health and 
Human Services, or designee.
    Employee exposure and similar language referring to the air cadmium 
level to which an employee is exposed means the exposure to airborne 
cadmium that would occur if the employee were not using respiratory 
protective equipment.
    Final medical determination is the written medical opinion of the 
employee's health status by the examining physician under paragraphs 
(l)(3)-(12) of this section or, if multiple physician review under 
paragraph (l)(13) of this section or the alternative physician 
determination under paragraph (l)(14) of this section is invoked, it is 
the final, written medical finding, recommendation or determination that 
emerges from that process.
    High-efficiency Particulate Air [HEPA] filter means a filter capable 
of trapping and retaining at least 99.97 percent of mono-dispersed 
particles of 0.3 micrometers in diameter.
    Regulated area means an area demarcated by the employer where an 
employee's exposure to airborne concentrations of cadmium exceeds, or 
can reasonably be expected to exceed the permissible exposure limit 
(PEL).
    This section means this cadmium standard.
    (c) Permissible Exposure Limit (PEL). The employer shall assure that 
no employee is exposed to an airborne concentration of cadmium in excess 
of five micrograms per cubic meter of air (5 [micro]g/m\3\), calculated 
as an eight-hour time-weighted average exposure (TWA).
    (d) Exposure Monitoring--(1) General. (i) Prior to the performance 
of any construction work where employees may be potentially exposed to 
cadmium, the employer shall establish the applicability of this standard 
by determining whether cadmium is present in the workplace and whether 
there is the possibility that employee exposures will be at or above the 
action level. The employer shall designate a competent person who shall 
make this determination. Investigation and material testing techniques 
shall be used, as appropriate, in the determination. Investigation shall 
include a review of relevant plans, past reports, Safety Data Sheets 
(SDS), and other available records, and consultations with the property 
owner and discussions with appropriate individuals and agencies.
    (ii) Where cadmium has been determined to be present in the 
workplace, and it has been determined that there is a possibility the 
employee's exposure will be at or above the action level, the

[[Page 623]]

competent person shall identify employees potentially exposed to cadmium 
at or above the action level.
    (iii) Determinations of employee exposure shall be made from 
breathing-zone air samples that reflect the monitored employee's 
regular, daily 8-hour TWA exposure to cadmium.
    (iv) Eight-hour TWA exposures shall be determined for each employee 
on the basis of one or more personal breathing-zone air samples 
reflecting full shift exposure on each shift, for each job 
classification, in each work area. Where several employees perform the 
same job tasks, in the same job classification, on the same shift, in 
the same work area, and the length, duration, and level of cadmium 
exposures are similar, an employer may sample a representative fraction 
of the employees instead of all employees in order to meet this 
requirement. In representative sampling, the employer shall sample the 
employee(s) expected to have the highest cadmium exposures.
    (2) Specific. (i) Initial monitoring. Except as provided for in 
paragraph (d)(2)(iii) of this section, where a determination conducted 
under paragraph (d)(1)(i) of this section shows the possibility of 
employee exposure to cadmium at or above the action level, the employer 
shall conduct exposure monitoring as soon as practicable that is 
representative of the exposure for each employee in the workplace who is 
or may be exposed to cadmium at or above the action level.
    (ii) In addition, if the employee periodically performs tasks that 
may expose the employee to a higher concentration of airborne cadmium, 
the employee shall be monitored while performing those tasks.
    (iii) Where the employer has objective data, as defined in paragraph 
(n)(2) of this section, demonstrating that employee exposure to cadmium 
will not exceed airborne concentrations at or above the action level 
under the expected conditions of processing, use, or handling, the 
employer may rely upon such data instead of implementing initial 
monitoring.
    (iv) Where a determination conducted under paragraphs (d)(1) or 
(d)(2) of this section is made that a potentially exposed employee is 
not exposed to airborne concentrations of cadmium at or above the action 
level, the employer shall make a written record of such determination. 
The record shall include at least the monitoring data developed under 
paragraphs (d)(2)(i)-(iii) of this section, where applicable, and shall 
also include the date of determination, and the name of each employee.
    (3) Monitoring frequency (periodic monitoring). (i) If the initial 
monitoring or periodic monitoring reveals employee exposures to be at or 
above the action level, the employer shall monitor at a frequency and 
pattern needed to assure that the monitoring results reflect with 
reasonable accuracy the employee's typical exposure levels, given the 
variability in the tasks performed, work practices, and environmental 
conditions on the job site, and to assure the adequacy of respiratory 
selection and the effectiveness of engineering and work practice 
controls.
    (ii) If the initial monitoring or the periodic monitoring indicates 
that employee exposures are below the action level and that result is 
confirmed by the results 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.
    (4) Additional monitoring. The employer also shall institute the 
exposure monitoring required under paragraphs (d)(2)(i) and (d)(3) of 
this section whenever there has been a change in the raw materials, 
equipment, personnel, work practices, or finished products that may 
result in additional employees being exposed to cadmium at or above the 
action level or in employees already exposed to cadmium at or above the 
action level being exposed above the PEL, or whenever the employer or 
competent person has any reason to suspect that any other change might 
result in such further exposure.
    (5) Employee notification of monitoring results. (i) The employer 
must, as soon as possible but no later than 5 working 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

[[Page 624]]

appropriate location that is accessible to employees.
    (ii) Wherever monitoring results indicate that employee exposure 
exceeds the PEL, the employer shall include in the written notice a 
statement that the PEL has been exceeded and a description of the 
corrective action being taken by the employer to reduce employee 
exposure to or below the PEL.
    (6) Accuracy of measurement. The employer shall use a method of 
monitoring and analysis that has an accuracy of not less than plus or 
minus 25 percent (25%), with a confidence level of 
95 percent, for airborne concentrations of cadmium at or above the 
action level and the permissible exposure limit.
    (e) Regulated areas--(1) Establishment. The employer shall establish 
a regulated area wherever an employee's exposure to airborne 
concentrations of cadmium is, or can reasonably be expected to be in 
excess of the permissible exposure limit (PEL).
    (2) Demarcation. Regulated areas shall be demarcated from the rest 
of the workplace in any manner that adequately establishes and alerts 
employees of the boundaries of the regulated area, including employees 
who are or may be incidentally in the regulated areas, and that protects 
persons outside the area from exposure to airborne concentrations of 
cadmium in excess of the PEL.
    (3) Access. Access to regulated areas shall be limited to authorized 
persons.
    (4) Provision of respirators. Each person entering a regulated area 
shall be supplied with and required to use a respirator, selected in 
accordance with paragraph (g)(2) of this section.
    (5) Prohibited activities. The employer shall assure that employees 
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in 
regulated areas, or carry the products associated with any of these 
activities into regulated areas or store such products in those areas.
    (f) Methods of compliance--(1) Compliance hierarchy. (i) Except as 
specified in paragraph (f)(1)(ii) of this section, the employer shall 
implement engineering and work practice controls to reduce and maintain 
employee exposure to cadmium at or below the PEL, except to the extent 
that the employer can demonstrate that such controls are not feasible.
    (ii) The requirement to implement engineering controls to achieve 
the PEL does not apply where the employer demonstrates the following:
    (A) The employee is only intermittently exposed; and
    (B) The employee is not exposed above the PEL on 30 or more days per 
year (12 consecutive months).
    (iii) Wherever engineering and work practice controls are not 
sufficient to reduce employee exposure to or below the PEL, the employer 
nonetheless shall implement such controls to reduce exposures to the 
lowest levels achievable. The employer shall supplement such controls 
with respiratory protection that complies with the requirements of 
paragraph (g) of this section and the PEL.
    (iv) The employer shall not use employee rotation as a method of 
compliance.
    (2) Specific operations--(i) Abrasive blasting. Abrasive blasting on 
cadmium or cadmium-containing materials shall be conducted in a manner 
that will provide adequate protection.
    (ii) Heating cadmium and cadmium-containing materials. Welding, 
cutting, and other forms of heating of cadmium or cadmium-containing 
materials shall be conducted in accordance with the requirements of 29 
CFR 1926.353 and 29 CFR 1926.354, where applicable.
    (3) Prohibitions. (i) High speed abrasive disc saws and similar 
abrasive power equipment shall not be used for work on cadmium or 
cadmium-containing materials unless they are equipped with appropriate 
engineering controls to minimize emissions, if the exposure levels are 
above the PEL.
    (ii) Materials containing cadmium shall not be applied by spray 
methods, if exposures are above the PEL, unless employees are protected 
with supplied-air respirators with full facepiece, hood, helmet, suit, 
operated in positive pressure mode and measures are instituted to limit 
overspray and prevent contamination of adjacent areas.
    (4) Mechanical ventilation. (i) When ventilation is used to control 
exposure, measurements that demonstrate the effectiveness of the system 
in controlling exposure, such as capture velocity,

[[Page 625]]

duct velocity, or static pressure shall be made as necessary to maintain 
its effectiveness.
    (ii) Measurements of the system's effectiveness in controlling 
exposure shall be made as necessary within five working days of any 
change in production, process, or control that might result in a 
significant increase in employee exposure to cadmium.
    (iii) Recirculation of air. If air from exhaust ventilation is 
recirculated into the workplace, the system shall have a high efficiency 
filter and be monitored to assure effectiveness.
    (iv) Procedures shall be developed and implemented to minimize 
employee exposure to cadmium when maintenance of ventilation systems and 
changing of filters is being conducted.
    (5) Compliance program. (i) Where employee exposure to cadmium 
exceeds the PEL and the employer is required under paragraph (f)(1) of 
this section to implement controls to comply with the PEL, prior to the 
commencement of the job the employer shall establish and implement a 
written compliance program to reduce employee exposure to or below the 
PEL. To the extent that engineering and work practice controls cannot 
reduce exposures to or below the PEL, the employer shall include in the 
written compliance program the use of appropriate respiratory protection 
to achieve compliance with the PEL.
    (ii) Written compliance programs shall be reviewed and updated as 
often and as promptly as necessary to reflect significant changes in the 
employer's compliance status or significant changes in the lowest air 
cadmium level that is technologically feasible.
    (iii) A competent person shall review the comprehensive compliance 
program initially and after each change.
    (iv) Written compliance programs shall be provided upon request for 
examination and copying to the Assistant Secretary, the Director, 
affected employees, and designated employee representatives.
    (g) Respirator 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 during:
    (i) Periods necessary to install or implement feasible engineering 
and work-practice controls when employee exposures exceed the PEL.
    (ii) Maintenance and repair activities, and brief or intermittent 
work operations, for which employee exposures exceed the PEL and 
engineering and work-practice controls are not feasible or are not 
required.
    (iii) Work operations in the regulated areas specified in paragraph 
(e) of this section.
    (iv) Work operations for which the employer has implemented all 
feasible engineering and work-practice controls, and such controls are 
not sufficient to reduce employee exposures to or below the PEL.
    (v) Work operations for which an employee, who is exposed to cadmium 
at or above the action level, requests a respirator.
    (vi) Work operations for which engineering controls are not required 
by paragraph (f)(1)(ii) of this section to reduce employee exposures 
that exceed the PEL.
    (vii) Emergencies.
    (2) Respirator program. (i) The employer must implement a 
respiratory protection program in accordance with Sec.  1910.134 (b) 
through (d) (except (d)(1)(iii)), and (f) through (m), which covers each 
employee required by this section to use a respirator.
    (ii) If an employee exhibits breathing difficulty during fit testing 
or respirator use, the employer must provide the employee with a medical 
examination in accordance with paragraph (l)(6)(ii) of this section to 
determine if the employee can use a respirator while performing the 
required duties.
    (iii) No employee must use a respirator when, based on their most 
recent medical examination, the examining physician determines that the 
employee will be unable to continue to function normally while using a 
respirator. If the physician determines the employee must be limited in, 
or removed from, their current job because of the employee's inability 
to use a respirator, the job limitation or removal must be conducted in 
accordance with

[[Page 626]]

paragraphs (l) (11) and (12) of this section.
    (3) Respirator selection. (i) Employers must:
    (A) Select, and provide to employees, the appropriate respirators 
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
    (B) Provide employees with full facepiece respirators when they 
experience eye irritation.
    (C) Provide HEPA filters for powered and non-powered air-purifying 
respirators.
    (ii) The employer must provide a powered air-purifying respirator 
instead of a negative-pressure respirator when an employee entitled to a 
respirator chooses to use this type of respirator and such a respirator 
will provide adequate protection to the employee.
    (h) Emergency situations. The employer shall develop and implement a 
written plan for dealing with emergency situations involving substantial 
releases of airborne cadmium. The plan shall include provisions for the 
use of appropriate respirators and personal protective equipment. In 
addition, employees not essential to correcting the emergency situation 
shall be restricted from the area and normal operations halted in that 
area until the emergency is abated.
    (i) Protective work clothing and equipment--(1) Provision and use. 
If an employee is exposed to airborne cadmium above the PEL or where 
skin or eye irritation is associated with cadmium exposure at any level, 
the employer shall provide at no cost to the employee, and assure that 
the employee uses, appropriate protective work clothing and equipment 
that prevents contamination of the employee and the employee's garments. 
Protective work clothing and equipment includes, but is not limited to:
    (i) Coveralls or similar full-body work clothing;
    (ii) Gloves, head coverings, and boots or foot coverings; and
    (iii) Face shields, vented goggles, or other appropriate protective 
equipment that complies with 29 CFR 1910.133.
    (2) Removal and storage. (i) The employer shall assure that 
employees remove all protective clothing and equipment contaminated with 
cadmium at the completion of the work shift and do so only in change 
rooms provided in accordance with paragraph (j)(1) of this section.
    (ii) The employer shall assure that no employee takes cadmium-
contaminated protective clothing or equipment from the workplace, except 
for employees authorized to do so for purposes of laundering, cleaning, 
maintaining, or disposing of cadmium-contaminated protective clothing 
and equipment at an appropriate location or facility away from the 
workplace.
    (iii) The employer shall assure that contaminated protective 
clothing and equipment, when removed for laundering, cleaning, 
maintenance, or disposal, is placed and stored in sealed, impermeable 
bags or other closed, impermeable containers that are designed to 
prevent dispersion of cadmium dust.
    (iv) The employer shall ensure that containers of contaminated 
protective clothing and equipment that are to be taken out of the change 
rooms or the workplace for laundering, cleaning, maintenance or disposal 
shall bear labels in accordance with paragraph (m)(3)(ii) of this 
section.
    (3) Cleaning, replacement, and disposal. (i) The employer shall 
provide the protective clothing and equipment required by paragraph 
(i)(1) of this section in a clean and dry condition as often as 
necessary to maintain its effectiveness, but in any event at least 
weekly. The employer is responsible for cleaning and laundering the 
protective clothing and equipment required by this paragraph to maintain 
its effectiveness and is also responsible for disposing of such clothing 
and equipment.
    (ii) The employer also is responsible for repairing or replacing 
required protective clothing and equipment as needed to maintain its 
effectiveness. When rips or tears are detected while an employee is 
working they shall be immediately mended, or the worksuit shall be 
immediately replaced.
    (iii) The employer shall prohibit the removal of cadmium from 
protective clothing and equipment by blowing, shaking, or any other 
means that disperses cadmium into the air.

[[Page 627]]

    (iv) The employer shall assure that any laundering of contaminated 
clothing or cleaning of contaminated equipment in the workplace is done 
in a manner that prevents the release of airborne cadmium in excess of 
the permissible exposure limit prescribed in paragraph (c) of this 
section.
    (v) The employer shall inform any person who launders or cleans 
protective clothing or equipment contaminated with cadmium of the 
potentially harmful effects of exposure to cadmium, and that the 
clothing and equipment should be laundered or cleaned in a manner to 
effectively prevent the release of airborne cadmium in excess of the 
PEL.
    (j) Hygiene areas and practices--(1) General. For employees whose 
airborne exposure to cadmium is above the PEL, the employer shall 
provide clean change rooms, handwashing facilities, showers, and 
lunchroom facilities that comply with 29 CFR 1926.51.
    (2) Change rooms. The employer shall assure that change rooms are 
equipped with separate storage facilities for street clothes and for 
protective clothing and equipment, which are designed to prevent 
dispersion of cadmium and contamination of the employee's street 
clothes.
    (3) Showers and handwashing facilities. (i) The employer shall 
assure that employees whose airborne exposure to cadmium is above the 
PEL shower during the end of the work shift.
    (ii) The employer shall assure that employees who are exposed to 
cadmium above the PEL wash their hands and faces prior to eating, 
drinking, smoking, chewing tobacco or gum, or applying cosmetics.
    (4) Lunchroom facilities. (i) The employer shall assure that the 
lunchroom facilities are readily accessible to employees, that tables 
for eating are maintained free of cadmium, and that no employee in a 
lunchroom facility is exposed at any time to cadmium at or above a 
concentration of 2.5 [micro]g/m\3\.
    (ii) The employer shall assure that employees do not enter lunchroom 
facilities with protective work clothing or equipment unless surface 
cadmium has been removed from the clothing and equipment by HEPA 
vacuuming or some other method that removes cadmium dust without 
dispersing it.
    (k) Housekeeping. (1) All surfaces shall be maintained as free as 
practicable of accumulations of cadmium.
    (2) All spills and sudden releases of material containing cadmium 
shall be cleaned up as soon as possible.
    (3) Surfaces contaminated with cadmium shall, wherever possible, be 
cleaned by vacuuming or other methods that minimize the likelihood of 
cadmium becoming airborne.
    (4) HEPA-filtered vacuuming equipment or equally effective 
filtration methods shall be used for vacuuming. The equipment shall be 
used and emptied in a manner that minimizes the reentry of cadmium into 
the workplace.
    (5) Shoveling, dry or wet sweeping, and brushing may be used only 
where vacuuming or other methods that minimize the likelihood of cadmium 
becoming airborne have been tried and found not to be effective.
    (6) Compressed air shall not be used to remove cadmium from any 
surface unless the compressed air is used in conjunction with a 
ventilation system designed to capture the dust cloud created by the 
compressed air.
    (7) Waste, scrap, debris, bags, and containers, personal protective 
equipment and clothing contaminated with cadmium and consigned for 
disposal shall be collected and disposed of in sealed impermeable bags 
or other closed, impermeable containers. These bags and containers shall 
be labeled in accordance with paragraph (m)(3)(ii) of this section.
    (l) Medical Surveillance--(1) General--(i) Scope--(A) Currently 
exposed--The employer shall institute a medical surveillance program for 
all employees who are or may be exposed at or above the action level and 
all employees who perform the following tasks, operations or jobs: 
Electrical grounding with cadmium welding; cutting, brazing, burning, 
grinding or welding on surfaces that were painted with cadmium-
containing paints; electrical work using cadmium-coated conduit; use of 
cadmium containing paints; cutting and welding cadmium-plated steel; 
brazing or welding with cadmium alloys; fusing

[[Page 628]]

of reinforced steel by cadmium welding; maintaining or retrofitting 
cadmium-coated equipment; and, wrecking and demolition where cadmium is 
present. A medical surveillance program will not be required if the 
employer demonstrates that the employee:
    (1) Is not currently exposed by the employer to airborne 
concentrations of cadmium at or above the action level on 30 or more 
days per year (twelve consecutive months); and,
    (2) Is not currently exposed by the employer in those tasks on 30 or 
more days per year (twelve consecutive months).
    (B) Previously exposed. The employer shall also institute a medical 
surveillance program for all employees who might previously have been 
exposed to cadmium by the employer prior to the effective date of this 
standard in tasks specified under paragraph (l)(1)(i)(A) of this 
section, unless the employer demonstrates that the employee did not in 
the years prior to the effective date of this section work in those 
tasks for the employer with exposure to cadmium for an aggregated total 
of more than 12 months.
    (ii) To determine an employee's fitness for using a respirator, the 
employer shall provide the limited medical examination specified in 
paragraph (l)(6) of this section.
    (iii) The employer shall assure that all medical examinations and 
procedures required by this section are performed by or under the 
supervision of a licensed physician, who has read and is familiar with 
the health effects section of appendix A to this section, the regulatory 
text of this section, the protocol for sample handling and lab selection 
in appendix F to this section, and the questionnaire of appendix D to 
this section.
    (iv) The employer shall provide the medical surveillance required by 
this section, including multiple physician review under paragraph 
(l)(13) of this section without cost to employees, and at a time and 
place that is reasonable and convenient to employees.
    (v) The employer shall assure that the collecting and handling of 
biological samples of cadmium in urine (CdU), cadmium in blood (CdB), 
and beta-2 microglobulin in urine ([beta]2-M) taken from 
employees under this section is done in a manner that assures their 
reliability and that analysis of biological samples of cadmium in urine 
(CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine 
([beta]2-M) taken from employees under this section is 
performed in laboratories with demonstrated proficiency to perform the 
particular analysis. (See appendix F to this section.)
    (2) Initial Examination. (i) For employees covered by medical 
surveillance under paragraph (l)(1)(i) of this section, the employer 
shall provide an initial medical examination. The examination shall be 
provided to those employees within 30 days after initial assignment to a 
job with exposure to cadmium or no later than 90 days after the 
effective date of this section, whichever date is later.
    (ii) The initial medical examination shall include:
    (A) A detailed medical and work history, with emphasis on: Past, 
present, and anticipated future exposure to cadmium; any history of 
renal, cardiovascular, respiratory, hematopoietic, reproductive, and/or 
musculo-skeletal system dysfunction; current usage of medication with 
potential nephrotoxic side-effects; and smoking history and current 
status; and
    (B) Biological monitoring that includes the following tests:
    (1) Cadmium in urine (CdU), standardized to grams of creatinine (g/
Cr);
    (2) Beta-2 microglobulin in urine ([beta]2-M), 
standardized to grams of creatinine (g/Cr), with pH specified, as 
described in appendix F to this section; and
    (3) Cadmium in blood (CdB), standardized to liters of whole blood 
(lwb).
    (iii) Recent Examination: An initial examination is not required to 
be provided if adequate records show that the employee has been examined 
in accordance with the requirements of paragraph (l)(2)(ii) of this 
section within the past 12 months. In that case, such records shall be 
maintained as part of the employee's medical record and the prior exam 
shall be treated as if it were an initial examination for the purposes 
of paragraphs (l)(3) and (4) of this section.

[[Page 629]]

    (3) Actions triggered by initial biological monitoring. (i) If the 
results of the biological monitoring tests in the initial examination 
show the employee's CdU level to be at or below 3 [micro]g/g Cr, 
[beta]2-M level to be at or below 300 [micro]g/g Cr and CdB 
level to be at or below 5 [micro]g/lwb, then:
    (A) For employees who are subject to medical surveillance under 
paragraphs (l)(1)(i)(A) of this section because of current or 
anticipated exposure to cadmium, the employer shall provide the minimum 
level of periodic medical surveillance in accordance with the 
requirements in paragraph (l)(4)(i) of this section; and
    (B) For employees who are subject to medical surveillance under 
paragraph (l)(1)(i)(B) of this section because of prior but not current 
exposure, the employer shall provide biological monitoring for CdU, 
B2-M, and CdB one year after the initial biological 
monitoring and then the employer shall comply with the requirements of 
paragraph (l)(4)(vi) of this section.
    (ii) For all employees who are subject to medical surveillance under 
paragraph (l)(1)(i) of this section, if the results of the initial 
biological monitoring tests show the level of CdU to exceed 3 [micro]g/g 
Cr, the level of [beta]2-M to be in excess of 300 [micro]g/g 
Cr, or the level of CdB to be in excess of 5 [micro]g/lwb, the employer 
shall:
    (A) Within two weeks after receipt of biological monitoring results, 
reassess the employee's occupational exposure to cadmium as follows:
    (1) Reassess the employee's work practices and personal hygiene;
    (2) Reevaluate the employee's respirator use, if any, and the 
respirator program;
    (3) Review the hygiene facilities;
    (4) Reevaluate the maintenance and effectiveness of the relevant 
engineering controls;
    (5) Assess the employee's smoking history and status;
    (B) Within 30 days after the exposure reassessment, specified in 
paragraph (l)(3)(ii)(A) of this section, take reasonable steps to 
correct any deficiencies found in the reassessment that may be 
responsible for the employee's excess exposure to cadmium; and,
    (C) Within 90 days after receipt of biological monitoring results, 
provide a full medical examination to the employee in accordance with 
the requirements of paragraph (l)(4)(ii) of this section. After 
completing the medical examination, the examining physician shall 
determine in a written medical opinion whether to medically remove the 
employee. If the physician determines that medical removal is not 
necessary, then until the employee's CdU level falls to or below 3 
[micro]g/g Cr, [beta]2-M level falls to or below 300 
[micro]g/g Cr and CdB level falls to or below 5 [micro]g/lwb, the 
employer shall:
    (1) Provide biological monitoring in accordance with paragraph 
(l)(2)(ii)(B) of this section on a semiannual basis; and
    (2) Provide annual medical examinations in accordance with paragraph 
(l)(4)(ii) of this section.
    (iii) For all employees who are subject to medical surveillance 
under paragraph (l)(1)(i) of this section, if the results of the initial 
biological monitoring tests show the level of CdU to be in excess of 15 
[micro]g/g Cr, or the level of CdB to be in excess of 15 [micro]g/lwb, 
or the level of [beta]2-M to be in excess of 1,500 [micro]g/g 
Cr, the employer shall comply with the requirements of paragraphs 
(l)(3)(ii)(A)-(B) of this section. Within 90 days after receipt of 
biological monitoring results, the employer shall provide a full medical 
examination to the employee in accordance with the requirements of 
paragraph (l)(4)(ii) of this section. After completing the medical 
examination, the examining physician shall determine in a written 
medical opinion whether to medically remove the employee. However, if 
the initial biological monitoring results and the biological monitoring 
results obtained during the medical examination both show that: CdU 
exceeds 15 [micro]g/g Cr; or CdB exceeds 15 [micro]g/lwb; or 
[beta]2-M exceeds 1500 [micro]g/g Cr, and in addition CdU 
exceeds 3 [micro]g/g Cr or CdB exceeds 5 [micro]g/liter of whole blood, 
then the physician shall medically remove the employee from exposure to 
cadmium at or above the action level. If the second set of biological 
monitoring results obtained during the medical examination does not show 
that a mandatory removal trigger level has been exceeded,

[[Page 630]]

then the employee is not required to be removed by the mandatory 
provisions of this paragraph. If the employee is not required to be 
removed by the mandatory provisions of this paragraph or by the 
physician's determination, then until the employee's CdU level falls to 
or below 3 [micro]g/g Cr, [beta]2-M level falls to or below 
300 [micro]g/g Cr and CdB level falls to or below 5 [micro]g/lwb, the 
employer shall:
    (A) Periodically reassess the employee's occupational exposure to 
cadmium;
    (B) Provide biological monitoring in accordance with paragraph 
(l)(2)(ii)(B) of this section on a quarterly basis; and
    (C) Provide semiannual medical examinations in accordance with 
paragraph (l)(4)(ii) of this section.
    (iv) For all employees to whom medical surveillance is provided, 
beginning on January 1, 1999, and in lieu of paragraph (l)(3)(iii) of 
this section, whenever the results of initial biological monitoring 
tests show the employee's CdU level to be in excess of 7 [micro]g/g Cr, 
or [beta]2-M level to be in excess of 750 [micro]g/g Cr, or 
CdB level to be in excess of 10 [micro]g/lwb, the employer shall comply 
with the requirements of paragraphs (l)(3)(ii)(A)-(B) of this section. 
Within 90 days after receipt of biological monitoring results, the 
employer shall provide a full medical examination to the employee in 
accordance with the requirements of paragraph (l)(4)(ii) of this 
section. After completing the medical examination, the examining 
physician shall determine in a written medical opinion whether to 
medically remove the employee. However, if the initial biological 
monitoring results and the biological monitoring results obtained during 
the medical examination both show that: CdU exceeds 7 [micro]g/g Cr; or 
CdB exceeds 10 [micro]g/lwb; or [beta]2-M exceeds 750 
[micro]g/g Cr, and in addition CdU exceeds 3 [micro]g/g Cr or CdB 
exceeds 5 [micro]g/liter of whole blood, then the physician shall 
medically remove the employee from exposure to cadmium at or above the 
action level. If the second set of biological monitoring results 
obtained during the medical examination does not show that a mandatory 
removal trigger level has been exceeded, then the employee is not 
required to be removed by the mandatory provisions of this paragraph. If 
the employee is not required to be removed by the mandatory provisions 
of this paragraph or by the physician's determination, then until the 
employee's CdU level falls to or below 3 [micro]g/g Cr, 
[beta]2-M level falls to or below 300 [micro]g/g Cr and CdB 
level falls to or below 5 [micro]g/lwb, the employer shall:
    (A) Periodically reassess the employee's occupational exposure to 
cadmium;
    (B) Provide biological monitoring in accordance with paragraph 
(l)(2)(ii)(B) of this section on a quarterly basis; and
    (C) Provide semiannual medical examinations in accordance with 
paragraph (l)(4)(ii) of this section.
    (4) Periodic medical surveillance. (i) For each employee who is 
covered by medical surveillance under paragraph (l)(1)(i)(A) of this 
section because of current or anticipated exposure to cadmium, the 
employer shall provide at least the minimum level of periodic medical 
surveillance, which consists of periodic medical examinations and 
periodic biological monitoring. A periodic medical examination shall be 
provided within one year after the initial examination required by 
paragraph (l)(2) of this section and thereafter at least biennially. 
Biological sampling shall be provided at least annually either as part 
of a periodic medical examination or separately as periodic biological 
monitoring.
    (ii) The periodic medical examination shall include:
    (A) A detailed medical and work history, or update thereof, with 
emphasis on: Past, present and anticipated future exposure to cadmium; 
smoking history and current status; reproductive history; current use of 
medications with potential nephrotoxic side-effects; any history of 
renal, cardiovascular, respiratory, hematopoietic, and/or musculo-
skeletal system dysfunction; and as part of the medical and work 
history, for employees who wear respirators, questions 3-11 and 25-32 in 
appendix D to this section;
    (B) A complete physical examination with emphasis on: blood 
pressure, the respiratory system, and the urinary system;
    (C) A 14 inch by 17 inch or other reasonably-sized standard film or 
digital posterior-anterior chest X-ray (after the initial X-ray, the 
frequency of

[[Page 631]]

chest X-rays is to be determined by the examining physician);
    (D) Pulmonary function tests, including forced vital capacity (FVC) 
and forced expiratory volume at 1 second (FEV1);
    (E) Biological monitoring, as required in paragraph (l)(2)(ii)(B) of 
this section;
    (F) Blood analysis, in addition to the analysis required under 
paragraph (l)(2)(ii)(B) of this section, including blood urea nitrogen, 
complete blood count, and serum creatinine;
    (G) Urinalysis, in addition to the analysis required under paragraph 
(l)(2)(ii)(B) of this section, including the determination of albumin, 
glucose, and total and low molecular weight proteins;
    (H) For males over 40 years old, prostate palpation, or other at 
least as effective diagnostic test(s), and;
    (I) Any additional tests or procedures deemed appropriate by the 
examining physician.
    (iii) Periodic biological monitoring shall be provided in accordance 
with paragraph (l)(2)(ii)(B) of this section.
    (iv) If the results of periodic biological monitoring or the results 
of biological monitoring performed as part of the periodic medical 
examination show the level of the employee's CdU, [beta]2-M, 
or CdB to be in excess of the levels specified in paragraphs (l)(3)(ii) 
or (iii) of this section; or beginning on January 1, 1999, in excess of 
the levels specified in paragraphs (l)(3)(ii) or (iv), the employer 
shall take the appropriate actions specified in paragraphs (l)(3)(ii)-
(iv) of this section, respectively.
    (v) For previously exposed employees under paragraph (l)(1)(i)(B) of 
this section:
    (A) If the employee's levels of CdU did not exceed 3 [micro]g/g Cr, 
CdB did not exceed 5 [micro]g/lwb, and [beta]2-M did not 
exceed 300 [micro]g/g Cr in the initial biological monitoring tests, and 
if the results of the followup biological monitoring required by 
paragraph (l)(3)(i)(B) of this section one year after the initial 
examination confirm the previous results, the employer may discontinue 
all periodic medical surveillance for that employee.
    (B) If the initial biological monitoring results for CdU, CdB, or 
[beta]2-M were in excess of the levels specified in paragraph 
(l)(3)(i) of this section, but subsequent biological monitoring results 
required by paragraph (l)(3)(ii)-(iv) of this section show that the 
employee's CdU levels no longer exceed 3 [micro]g/g Cr, CdB levels no 
longer exceed 5 [micro]g/lwb, and [beta]2-M levels no longer 
exceed 300 [micro]g/g Cr, the employer shall provide biological 
monitoring for CdU, CdB, and [beta]2-M one year after these 
most recent biological monitoring results. If the results of the 
followup biological monitoring specified in this paragraph, confirm the 
previous results, the employer may discontinue all periodic medical 
surveillance for that employee.
    (C) However, if the results of the follow-up tests specified in 
paragraph (l)(4)(v)(A) or (B) of this section indicate that the level of 
the employee's CdU, [beta]2-M, or CdB exceeds these same 
levels, the employer is required to provide annual medical examinations 
in accordance with the provisions of paragraph (l)(4)(ii) of this 
section until the results of biological monitoring are consistently 
below these levels or the examining physician determines in a written 
medical opinion that further medical surveillance is not required to 
protect the employee's health.
    (vi) A routine, biennial medical examination is not required to be 
provided in accordance with paragraphs (l)(3)(i) and (l)(4) of this 
section if adequate medical records show that the employee has been 
examined in accordance with the requirements of paragraph (l)(4)(ii) of 
this section within the past 12 months. In that case, such records shall 
be maintained by the employer as part of the employee's medical record, 
and the next routine, periodic medical examination shall be made 
available to the employee within two years of the previous examination.
    (5) Actions triggered by medical examinations. (i) If the results of 
a medical examination carried out in accordance with this section 
indicate any laboratory or clinical finding consistent with cadmium 
toxicity that does not require employer action under paragraphs (l)(2), 
(3) or (4) of this section, the employer shall take the following steps

[[Page 632]]

and continue to take them until the physician determines that they are 
no longer necessary.
    (A) Periodically reassess: The employee's work practices and 
personal hygiene; the employee's respirator use, if any; the employee's 
smoking history and status; the respiratory protection program; the 
hygiene facilities; the maintenance and effectiveness of the relevant 
engineering controls; and take all reasonable steps to correct the 
deficiencies found in the reassessment that may be responsible for the 
employee's excess exposure to cadmium.
    (B) Provide semi-annual medical reexaminations to evaluate the 
abnormal clinical sign(s) of cadmium toxicity until the results are 
normal or the employee is medically removed; and
    (C) Where the results of tests for total proteins in urine are 
abnormal, provide a more detailed medical evaluation of the toxic 
effects of cadmium on the employee's renal system.
    (6) Examination for respirator use. (i) To determine an employee's 
fitness for respirator use, the employer shall provide a medical 
examination that includes the elements specified in paragraph 
(l)(6)(i)(A)-(D) of this section. This examination shall be provided 
prior to the employee's being assigned to a job that requires the use of 
a respirator or no later than 90 days after this section goes into 
effect, whichever date is later, to any employee without a medical 
examination within the preceding 12 months that satisfies the 
requirements of this paragraph.
    (A) A detailed medical and work history, or update thereof, with 
emphasis on: past exposure to cadmium; smoking history and current 
status; any history of renal, cardiovascular, respiratory, 
hematopoietic, and/or musculo-skeletal system dysfunction; a description 
of the job for which the respirator is required; and questions 3-11 and 
25-32 in appendix D;
    (B) A blood pressure test;
    (C) Biological monitoring of the employee's levels of CdU, CdB and 
[beta]2-M in accordance with the requirements of paragraph 
(l)(2)(ii)(B) of this section, unless such results already have been 
obtained within the twelve months; and
    (D) Any other test or precedure that the examining physician deems 
appropriate.
    (ii) After reviewing all the information obtained from the medical 
examination required in paragraph (l)(6)(i) of this section, the 
physician shall determine whether the employee is fit to wear a 
respirator.
    (iii) Whenever an employee has exhibited difficulty in breathing 
during a respirator fit test or during use of a respirator, the 
employer, as soon as possible, shall provide the employee with a 
periodic medical examination in accordance with paragraph (l)(4)(ii) of 
this section to determine the employee's fitness to wear a respirator.
    (iv) Where the results of the examination required under paragraphs 
(l)(6)(i), (ii), or (iii) of this section are abnormal, medical 
limitation or prohibition of respirator use shall be considered. If the 
employee is allowed to wear a respirator, the employee's ability to 
continue to do so shall be periodically evaluated by a physician.
    (7) Emergency Examinations. (i) In addition to the medical 
surveillance required in paragraphs (l)(2)-(6) of this section, the 
employer shall provide a medical examination as soon as possible to any 
employee who may have been acutely exposed to cadmium because of an 
emergency.
    (ii) The examination shall include the requirements of paragraph 
(l)(4)(ii), of this section, with emphasis on the respiratory system, 
other organ systems considered appropriate by the examining physician, 
and symptoms of acute overexposure, as identified in paragraphs 
II(B)(1)-(2) and IV of appendix A of this section.
    (8) Termination of employment examination. (i) At termination of 
employment, the employer shall provide a medical examination in 
accordance with paragraph (l)(4)(ii) of this section, including a chest 
X-ray where necessary, to any employee to whom at any prior time the 
employer was required to provide medical surveillance under paragraph 
(l)(1)(i) or (l)(7) of this section. However, if the last examination 
satisfied the requirements of paragraph (l)(4)(ii) of this section and 
was less than six months prior to the date of termination, no further 
examination

[[Page 633]]

is required unless otherwise specified in paragraph (l)(3) or (l)(5) of 
this section;
    (ii) In addition, if the employer has discontinued all periodic 
medical surveillance under paragraph (l)(4)(v) of this section, no 
termination of employment medical examination is required.
    (9) Information provided to the physician. The employer shall 
provide the following information to the examining physician:
    (i) A copy of this standard and appendices;
    (ii) A description of the affected employee's former, current, and 
anticipated duties as they relate to the employee's occupational 
exposure to cadmium;
    (iii) The employee's former, current, and anticipated future levels 
of occupational exposure to cadmium;
    (iv) A description of any personal protective equipment, including 
respirators, used or to be used by the employee, including when and for 
how long the employee has used that equipment; and
    (v) Relevant results of previous biological monitoring and medical 
examinations.
    (10) Physician's written medical opinion. (i) The employer shall 
promptly obtain a written, medical opinion from the examining physician 
for each medical examination performed on each employee. This written 
opinion shall contain:
    (A) The physician's diagnosis for the employee;
    (B) The physician'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 cadmium, 
including any indications of potential cadmium toxicity;
    (C) The results of any biological or other testing or related 
evaluations that directly assess the employee's absorption of cadmium;
    (D) Any recommended removal from, or limitation on the activities or 
duties of the employee or on the employee's use of personal protective 
equipment, such as respirators;
    (E) A statement that the physician has clearly and carefully 
explained to the employee the results of the medical examination, 
including all biological monitoring results and any medical conditions 
related to cadmium exposure that require further evaluation or 
treatment, and any limitation on the employee's diet or use of 
medications.
    (ii) The employer shall promptly obtain a copy of the results of any 
biological monitoring provided by an employer to an employee 
independently of a medical examination under paragraphs (l)(2) and 
(l)(4) of this section, and, in lieu of a written medical opinion, an 
explanation sheet explaining those results.
    (iii) The employer shall instruct the physician not to reveal orally 
or in the written medical opinion given to the employer specific 
findings or diagnoses unrelated to occupational exposure to cadmium.
    (11) Medical Removal Protection (MRP)--(i) General. (A) The employer 
shall temporarily remove an employee from work where there is excess 
exposure to cadmium on each occasion that medical removal is required 
under paragraphs (l)(3), (l)(4), or (l)(6) of this section and on each 
occasion that a physician determines in a written medical opinion that 
the employee should be removed from such exposure. The physician's 
determination may be based on biological monitoring results, inability 
to wear a respirator, evidence of illness, other signs or symptoms of 
cadmium-related dysfunction or disease, or any other reason deemed 
medically sufficient by the physician.
    (B) The employer shall medically remove an employee in accordance 
with paragraph (l)(11) of this section regardless of whether at the time 
of removal a job is available into which the removed employee may be 
transferred.
    (C) Whenever an employee is medically removed under paragraph 
(l)(11) of this section, the employer shall transfer the removed 
employee to a job where the exposure to cadmium is within the 
permissible levels specified in that paragraph as soon as one becomes 
available.
    (D) For any employee who is medically removed under the provisions 
of paragraph (l)(11)(i) of this section, the employer shall provide 
follow-up medical examinations semi-annually until,

[[Page 634]]

in a written medical opinion, the examining physician determines that 
either the employee may be returned to his/her former job status or the 
employee must be permanently removed from excess cadmium exposure.
    (E) The employer may not return an employee who has been medically 
removed for any reason to his/her former job status until a physician 
determines in a written medical opinion that continued medical removal 
is no longer necessary to protect the employee's health.
    (ii) Where an employee is found unfit to wear a respirator under 
paragraph (l)(6)(ii) of this section, the employer shall remove the 
employee from work where exposure to cadmium is above the PEL.
    (iii) Where removal is based upon any reason other than the 
employee's inability to wear a respirator, the employer shall remove the 
employee from work where exposure to cadmium is at or above the action 
level.
    (iv) Except as specified in paragraph (l)(11)(v) of this section, no 
employee who was removed because his/her level of CdU, CdB and/or 
[beta]2-M exceeded the trigger levels in paragraph (l)(3) or 
(l)(4) of this section may be returned to work with exposure to cadmium 
at or above the action level until the employee's levels of CdU fall to 
or below 3 [micro]g/g Cr, CdB fall to or below 5 [micro]g/lwb, and 
[beta]2-M fall to or below 300 [micro]g/g Cr.
    (v) However, when in the examining physician's opinion continued 
exposure to cadmium will not pose an increased risk to the employee's 
health and there are special circumstances that make continued medical 
removal an inappropriate remedy, the physician shall fully discuss these 
matters with the employee, and then in a written determination may 
return a worker to his/her former job status despite what would 
otherwise be unacceptably high biological monitoring results. Thereafter 
and until such time as the employee's biological monitoring results have 
decreased to levels where he/she could have been returned to his/her 
former job status, the returned employee shall continue medical 
surveillance as if he/she were still on medical removal. Until such 
time, the employee is no longer subject to mandatory medical removal. 
Subsequent questions regarding the employee's medical removal shall be 
decided solely by a final medical determination.
    (vi) Where an employer, although not required by this section to do 
so, removes an employee from exposure to cadmium or otherwise places 
limitations on an employee due to the effects of cadmium exposure on the 
employee's medical condition, the employer shall provide the same 
medical removal protection benefits to that employee under paragraph 
(l)(12) of this section as would have been provided had the removal been 
required under paragraph (l)(11) of this section.
    (12) Medical removal protection benefits. (i) The employer shall 
provide medical removal protection benefits to an employee for up to a 
maximum of 18 months each time, and while the employee is temporarily 
medically removed under paragraph (l)(11) of this section.
    (ii) For purposes of this section, the requirement that the employer 
provide medical removal protection benefits means that the employer 
shall maintain the total normal earnings, seniority, and all other 
employee rights and benefits of the removed employee, including the 
employee's right to his/her former job status, as if the employee had 
not been removed from the employee's job or otherwise medically limited.
    (iii) Where, after 18 months on medical removal because of elevated 
biological monitoring results, the employee's monitoring results have 
not declined to a low enough level to permit the employee to be returned 
to his/her former job status:
    (A) The employer shall make available to the employee a medical 
examination pursuant to this section in order to obtain a final medical 
determination as to whether the employee may be returned to his/her 
former job status or must be permanently removed from excess cadmium 
exposure; and
    (B) The employer shall assure that the final medical determination 
indicates whether the employee may be returned to his/her former job 
status and what steps, if any, should be taken to protect the employee's 
health;

[[Page 635]]

    (iv) The employer may condition the provision of medical removal 
protection benefits upon the employee's participation in medical 
surveillance provided in accordance with this section.
    (13) Multiple physician review. (i) If the employer selects the 
initial physician to conduct any medical examination or consultation 
provided to an employee under this section, the employee may designate a 
second physician to:
    (A) Review any findings, determinations, or recommendations of the 
initial physician; and
    (B) Conduct such examinations, consultations, and laboratory tests 
as the second physician deems necessary to facilitate this review.
    (ii) The employer shall promptly notify an employee of the right to 
seek a second medical opinion after each occasion that an initial 
physician provided by the employer conducts a medical examination or 
consultation pursuant to this section. The employer may condition its 
participation in, and payment for, multiple physician review upon the 
employee doing the following within fifteen (15) days after receipt of 
this notice, or receipt of the initial physician's written opinion, 
whichever is later:
    (A) Informing the employer that he or she intends to seek a medical 
opinion; and
    (B) Initiating steps to make an appointment with a second physician.
    (iii) If the findings, determinations, or recommendations of the 
second physician differ from those of the initial physician, then the 
employer and the employee shall assure that efforts are made for the two 
physicians to resolve any disagreement.
    (iv) If the two physicians have been unable to quickly resolve their 
disagreement, then the employer and the employee, through their 
respective physicians, shall designate a third physician to:
    (A) Review any findings, determinations, or recommendations of the 
other two physicians; and
    (B) Conduct such examinations, consultations, laboratory tests, and 
discussions with the other two physicians as the third physician deems 
necessary to resolve the disagreement among them.
    (v) The employer shall act consistently with the findings, 
determinations, and recommendations of the third physician, unless the 
employer and the employee reach an agreement that is consistent with the 
recommendations of at least one of the other two physicians.
    (14) Alternate physician determination. The employer and an employee 
or designated employee representative may agree upon the use of any 
alternate form of physician determination in lieu of the multiple 
physician review provided by paragraph (l)(13) of this section, so long 
as the alternative is expeditious and at least as protective of the 
employee.
    (15) Information the employer must provide the employee. (i) The 
employer shall provide a copy of the physician's written medical opinion 
to the examined employee within five working days after receipt thereof.
    (ii) The employer shall provide the employee with a copy of the 
employee's biological monitoring results and an explanation sheet 
explaining the results within five working days after receipt thereof.
    (iii) Within 30 days after a request by an employee, the employer 
shall provide the employee with the information the employer is required 
to provide the examining physician under paragraph (l)(9) of this 
section.
    (16) Reporting. In addition to other medical events that are 
required to be reported on the OSHA Form No. 200, the employer shall 
report any abnormal condition or disorder caused by occupational 
exposure to cadmium associated with employment as specified in Chapter 
(V)(E) of the Reporting Guidelines for Occupational Injuries and 
Illnesses.
    (m) Communication of cadmium hazards to employees--(1) Hazard 
communication. The employer shall include cadmium 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 cadmium and safety data sheets, and is 
trained in accordance with the provisions of HCS and paragraph (m)(4) of 
this section. The employer shall provide information on at

[[Page 636]]

least the following hazards: Cancer; lung effects; kidney effects; and 
acute toxicity effects.
    (2) Warning signs. (i) Warning signs shall be provided and displayed 
in regulated areas. In addition, warning signs shall be posted at all 
approaches to regulated areas so that an employee may read the signs and 
take necessary protective steps before entering the area.
    (ii) Warning signs required by paragraph (m)(2)(i) of this section 
shall bear the following legend:

DANGER
CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY

    (iii) The employer shall ensure that signs required by this 
paragraph (m)(2) are illuminated, cleaned, and maintained as necessary 
so that the legend is readily visible.
    (iv) Prior to June 1, 2016, employers may use the following legend 
in lieu of that specified in paragraph (m)(2)(ii) of this section:

DANGER
CADMIUM
CANCER HAZARD
CAN CAUSE LUNG AND KIDNEY DISEASE
AUTHORIZED PERSONNEL ONLY
RESPIRATORS REQUIRED IN THIS AREA

    (3) Warning labels. (i) Shipping and storage containers containing 
cadmium or cadmium compounds shall bear appropriate warning labels, as 
specified in paragraph (m)(1) of this section.
    (ii) The warning labels for containers of cadmium-contaminated 
protective clothing, equipment, waste, scrap, or debris shall include at 
least the following information:

DANGER
CONTAINS CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
AVOID CREATING DUST

    (iii) Where feasible, installed cadmium products shall have a 
visible label or other indication that cadmium is present.
    (iv) Prior to June 1, 2015, employers may include the following 
information on shipping and storage containers containing cadmium, 
cadmium compounds, or cadmium-contaminated clothing, equipment, waste, 
scrap, or debris in lieu of the labeling requirements specified in 
paragraphs (m)(3)(i) and (m)(3)(ii) of this section:

DANGER
CONTAINS CADMIUM
CANCER HAZARD
AVOID CREATING DUST
CAN CAUSE LUNG AND KIDNEY DISEASE

    (4) Employee information and training. (i) The employer shall train 
each employee who is potentially exposed to cadmium in accordance with 
the requirements of this section. The employer shall institute a 
training program, ensure employee participation in the program, and 
maintain a record of the contents of the training program.
    (ii) Training shall be provided prior to or at the time of initial 
assignment to a job involving potential exposure to cadmium and at least 
annually thereafter.
    (iii) The employer shall make the training program understandable to 
the employee and shall assure that each employee is informed of the 
following:
    (A) The health hazards associated with cadmium exposure, with 
special attention to the information incorporated in appendix A to this 
section;
    (B) The quantity, location, manner of use, release, and storage of 
cadmium in the workplace and the specific nature of operations that 
could result in exposure to cadmium, especially exposures above the PEL;
    (C) The engineering controls and work practices associated with the 
employee's job assignment;
    (D) The measures employees can take to protect themselves from 
exposure to cadmium, including modification of such habits as smoking 
and personal hygiene, and specific procedures the employer has 
implemented to protect employees from exposure to cadmium such as 
appropriate work practices, emergency procedures, and the provision of 
personal protective equipment;
    (E) The purpose, proper selection, fitting, proper use, and 
limitations of respirators and protective clothing;

[[Page 637]]

    (F) The purpose and a description of the medical surveillance 
program required by paragraph (l) of this section;
    (G) The contents of this section and its appendices, and,
    (H) The employee's rights of access to records under Sec.  
1926.33(g) (1) and (2).
    (iv) Additional access to information and training program and 
materials.
    (A) The employer shall make a copy of this section and its 
appendices readily available to all affected employees and shall provide 
a copy without cost if requested.
    (B) Upon request, the employer shall provide to the Assistant 
Secretary or the Director all materials relating to the employee 
information and the training program.
    (5) Multi-employer workplace. In a multi-employer workplace, an 
employer who produces, uses, or stores cadmium in a manner that may 
expose employees of other employers to cadmium shall notify those 
employers of the potential hazard in accordance with paragraph (e) of 
the hazard communication standard for construction, 29 CFR 1926.59.
    (n) Recordkeeping--(1) Exposure monitoring. (i) The employer shall 
establish and keep an accurate record of all air monitoring for cadmium 
in the workplace.
    (ii) This record shall include at least the following information:
    (A) The monitoring date, shift, duration, air volume, and results in 
terms of an 8-hour TWA of each sample taken, and if cadmium is not 
detected, the detection level;
    (B) The name and job classification of all employees monitored and 
of all other employees whose exposures the monitoring result is intended 
to represent, including, where applicable, a description of how it was 
determined that the employee's monitoring result could be taken to 
represent other employee's exposures;
    (C) A description of the sampling and analytical methods used and 
evidence of their accuracy;
    (D) The type of respiratory protective device, if any, worn by the 
monitored employee and by any other employee whose exposure the 
monitoring result is intended to represent;
    (E) A notation of any other conditions that might have affected the 
monitoring results.
    (F) Any exposure monitoring or objective data that were used and the 
levels.
    (iii) The employer shall maintain this record for at least thirty 
(30) years, in accordance with Sec.  1910.1020 of this chapter.
    (iv) The employer shall also provide a copy of the results of an 
employee's air monitoring prescribed in paragraph (d) of this section to 
an industry trade association and to the employee's union, if any, or, 
if either of such associations or unions do not exist, to another 
comparable organization that is competent to maintain such records and 
is reasonably accessible to employers and employees in the industry.
    (2) Objective data for exemption from requirement for initial 
monitoring. (i) For purposes of this section, objective data are 
information demonstrating that a particular product or material 
containing cadmium or a specific process, operation, or activity 
involving cadmium cannot release dust or fumes in concentrations at or 
above the action level even under the worst-case release conditions. 
Objective data can be obtained from an industry-wide study or from 
laboratory product test results from manufacturers of cadmium-containing 
products or materials. The data the employer uses from an industry-wide 
survey must be obtained under workplace conditions closely resembling 
the processes, types of material, control methods, work practices and 
environmental conditions in the employer's current operations.
    (ii) The employer shall maintain the record for at least 30 years of 
the objective data relied upon.
    (3) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee covered by medical 
surveillance under paragraph (l)(1)(i) of this section.
    (ii) The record shall include at least the following information 
about the employee:
    (A) Name and description of duties;
    (B) A copy of the physician's written opinions and of the 
explanation sheets for biological monitoring results;

[[Page 638]]

    (C) A copy of the medical history, and the results of any physical 
examination and all test results that are required to be provided by 
this section, including biological tests, X-rays, pulmonary function 
tests, etc., or that have been obtained to further evaluate any 
condition that might be related to cadmium exposure;
    (D) The employee's medical symptoms that might be related to 
exposure to cadmium; and
    (E) A copy of the information provided to the physician as required 
by paragraph (l)(9) of this section.
    (iii) The employer shall assure that this record is maintained for 
the duration of employment plus thirty (30) years, in accordance with 
Sec.  1910.1020 of this chapter.
    (iv) At the employee's request, the employer shall promptly provide 
a copy of the employee's medical record, or update as appropriate, to a 
medical doctor or a union specified by the employee.
    (4) Availability. (i) Except as otherwise provided for in this 
section, access to all records required to be maintained by paragraphs 
(n)(1) through (3) of this section shall be in accordance with the 
provisions of 29 CFR 1910.1020.
    (ii) Within 15 days after a request, the employer shall make an 
employee's medical records required to be kept by paragraph (n)(3) of 
this section available for examination and copying to the subject 
employee, to designated representatives, to anyone having the specific 
written consent of the subject employee, and after the employee's death 
or incapacitation, to the employee's family members.
    (o) Observation of monitoring--(1) Employee observation. The 
employer shall provide affected employees or their designated 
representatives an opportunity to observe any monitoring of employee 
exposure to cadmium.
    (2) Observation procedures. 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 that clothing and 
equipment and shall assure that the observer uses such clothing and 
equipment and complies with all other applicable safety and health 
procedures.
    (p) [Reserved]
    (q) Appendices. Except where portions of appendices A, B, D, E, and 
F to this section are expressly incorporated in requirements of this 
section, these appendices are purely informational and are not intended 
to create any additional obligations not otherwise imposed or to detract 
from any existing obligations.

       Appendix A to Sec.  1926.1127--Substance Safety Data Sheet

    Note: The requirements applicable to construction work under this 
appendix A are identical to those set forth in appendix A to Sec.  
1910.1027 of this chapter.

   Appendix B to Sec.  1926.1127--Substance Technical Guidelines for 
                                 Cadmium

    Note: The requirements applicable to construction work under this 
appendix B are identical to those set forth in appendix B to Sec.  
1910.1027 of this chapter.

                Appendix C to Sec.  1926.1127 [Reserved]

  Appendix D to Sec.  1926.1127--Occupational Health History Interview 
                   With Reference to Cadmium Exposure

    Note: The requirements applicable to construction work under this 
appendix D are identical to those set forth in appendix D to Sec.  
1910.1027 of this chapter.

     Appendix E to Sec.  1926.1127--Cadmium in Workplace Atmospheres

    Note: The requirements applicable to construction work under this 
appendix E are identical to those set forth in appendix E to Sec.  
1910.1027 of this chapter.

  Appendix F to Sec.  1926.1127--Nonmandatory Protocol for Biological 
                               Monitoring

    Note: The requirements applicable to construction work under this 
appendix F are identical to those set forth in appendix F to Sec.  
1910.1027 of this chapter.

[57 FR 42452, Sept. 14, 1992, as amended at 57 FR 49272, Oct. 30, 1992; 
58 FR 21787, Apr. 23, 1993. Redesignated and amended at 59 FR 215, Jan. 
3, 1994; 61 FR 5510, Feb. 13, 1996; 61 FR 31433, 31434, June 20, 1996; 
63 FR 1298, Jan. 8, 1998; 70 FR 1144, Jan. 5, 2005; 71 FR 16675, Apr. 3, 
2006; 71 FR 50192, Aug. 24, 2006; 73 FR 75589, Dec. 12, 2008; 76 FR 
33612, June 8, 2011; 77 FR 17895, Mar. 26, 2012; 84 FR 21597, May 14, 
2019; 85 FR 8746, Feb. 18, 2020]

[[Page 639]]



Sec.  1926.1128  Benzene.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.1028 of this 
chapter.

[61 FR 31434, June 20, 1996]



Sec.  1926.1129  [Reserved]



Sec.  1926.1144  1,2-dibromo-3-chloropropane.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.1044 of this 
chapter.

[61 FR 31434, June 20, 1996]



Sec.  1926.1145  Acrylonitrile.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.1045 of this 
chapter.

[61 FR 31434, June 20, 1996]



Sec.  1926.1147  Ethylene oxide.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.1047 of this 
chapter.

[61 FR 31434, June 20, 1996]



Sec.  1926.1148  Formaldehyde.

    Note: The requirements applicable to construction work under this 
section are identical to those set forth at Sec.  1910.1048 of this 
chapter.

[61 FR 31434, June 20, 1996]



Sec.  1926.1152  Methylene chloride.

    Note: The requirements applicable to construction employment under 
this section are identical to those set forth at 29 CFR 1910.1052.

[62 FR 1619, Jan. 10, 1997]



Sec.  1926.1153  Respirable crystalline silica.

    (a) Scope and application. This section applies to all occupational 
exposures to respirable crystalline silica in construction work, except 
where employee exposure will remain below 25 micrograms per cubic meter 
of air (25 [micro]g/m\3\) as an 8-hour time-weighted average (TWA) under 
any foreseeable conditions.
    (b) Definitions. For the purposes of this section the following 
definitions apply:
    Action level means a concentration of airborne respirable 
crystalline silica of 25 [micro]g/m\3\, calculated as an 8-hour TWA.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    Director means the Director of the National Institute for 
Occupational Safety and Health (NIOSH), U.S. Department of Health and 
Human Services, or designee.
    Competent person means an individual who is capable of identifying 
existing and foreseeable respirable crystalline silica hazards in the 
workplace and who has authorization to take prompt corrective measures 
to eliminate or minimize them. The competent person must have the 
knowledge and ability necessary to fulfill the responsibilities set 
forth in paragraph (g) of this section.
    Employee exposure means the exposure to airborne respirable 
crystalline silica 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.
    Objective data means information, such as air monitoring data from 
industry-wide surveys or calculations based on the composition of a 
substance, demonstrating employee exposure to respirable crystalline 
silica 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 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 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 (h) of this 
section.
    Respirable crystalline silica means quartz, cristobalite, and/or 
tridymite

[[Page 640]]

contained in airborne particles that are determined to be respirable by 
a sampling device designed to meet the characteristics for respirable-
particle-size-selective samplers specified in the International 
Organization for Standardization (ISO) 7708:1995: Air Quality--Particle 
Size Fraction Definitions for Health-Related Sampling.
    Specialist means an American Board Certified Specialist in Pulmonary 
Disease or an American Board Certified Specialist in Occupational 
Medicine.
    This section means this respirable crystalline silica standard, 29 
CFR 1926.1153.
    (c) Specified exposure control methods. (1) For each employee 
engaged in a task identified on Table 1, the employer shall fully and 
properly implement the engineering controls, work practices, and 
respiratory protection specified for the task on Table 1, unless the 
employer assesses and limits the exposure of the employee to respirable 
crystalline silica in accordance with paragraph (d) of this section.

      Table 1--Specified Exposure Control Methods When Working With Materials Containing Crystalline Silica
----------------------------------------------------------------------------------------------------------------
                                                                  Required respiratory protection and minimum
                                      Engineering and work             assigned protection factor (APF)
          Equipment/task            practice control methods ---------------------------------------------------
                                                                   <=4 hours/shift      4 hours/shift
----------------------------------------------------------------------------------------------------------------
(i) Stationary masonry saws......  Use saw equipped with      None....................  None.
                                    integrated water
                                    delivery system that
                                    continuously feeds water
                                    to the blade.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
(ii) Handheld power saws (any      Use saw equipped with
 blade diameter).                   integrated water
                                    delivery system that
                                    continuously feeds water
                                    to the blade.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions:
                                      --When used outdoors..  None....................  APF 10.
                                      --When used indoors or  APF 10..................  APF 10.
                                       in an enclosed area.
(iii) Handheld power saws for      For tasks performed
 cutting fiber-cement board (with   outdoors only:            None....................  None.
 blade diameter of 8 inches or     Use saw equipped with
 less).                             commercially available
                                    dust collection system.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   Dust collector must
                                    provide the air flow
                                    recommended by the tool
                                    manufacturer, or
                                    greater, and have a
                                    filter with 99% or
                                    greater efficiency.
(iv) Walk-behind saws............  Use saw equipped with
                                    integrated water
                                    delivery system that
                                    continuously feeds water
                                    to the blade.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions:
                                      --When used outdoors..  None....................  None.
                                      --When used indoors or  APF 10..................  APF 10.
                                       in an enclosed area.
(v) Drivable saws................  For tasks performed
                                    outdoors only:
                                   Use saw equipped with      None....................  None.
                                    integrated water
                                    delivery system that
                                    continuously feeds water
                                    to the blade.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
(vi) Rig-mounted core saws or      Use tool equipped with     None....................  None.
 drills.                            integrated water
                                    delivery system that
                                    supplies water to
                                    cutting surface.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
(vii) Handheld and stand-mounted   Use drill equipped with    None....................  None.
 drills (including impact and       commercially available
 rotary hammer drills).             shroud or cowling with
                                    dust collection system.

[[Page 641]]

 
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   Dust collector must
                                    provide the air flow
                                    recommended by the tool
                                    manufacturer, or
                                    greater, and have a
                                    filter with 99% or
                                    greater efficiency and a
                                    filter-cleaning
                                    mechanism.
                                   Use a HEPA-filtered
                                    vacuum when cleaning
                                    holes.
(viii) Dowel drilling rigs for     For tasks performed
 concrete.                          outdoors only:
                                   Use shroud around drill    APF 10..................  APF 10.
                                    bit with a dust
                                    collection system. Dust
                                    collector must have a
                                    filter with 99% or
                                    greater efficiency and a
                                    filter-cleaning
                                    mechanism.
                                   Use a HEPA-filtered
                                    vacuum when cleaning
                                    holes.
(ix) Vehicle-mounted drilling      Use dust collection        None....................  None.
 rigs for rock and concrete.        system with close
                                    capture hood or shroud
                                    around drill bit with a
                                    low-flow water spray to
                                    wet the dust at the
                                    discharge point from the
                                    dust collector.
                                   OR
                                   Operate from within an     None....................  None.
                                    enclosed cab and use
                                    water for dust
                                    suppression on drill bit.
(x) Jackhammers and handheld       Use tool with water
 powered chipping tools.            delivery system that
                                    supplies a continuous
                                    stream or spray of water
                                    at the point of impact:
                                      --When used outdoors..  None....................  APF 10.
                                      --When used indoors or  APF 10..................  APF 10.
                                       in an enclosed area.
                                   OR
                                   Use tool equipped with
                                    commercially available
                                    shroud and dust
                                    collection system.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   Dust collector must
                                    provide the air flow
                                    recommended by the tool
                                    manufacturer, or
                                    greater, and have a
                                    filter with 99% or
                                    greater efficiency and a
                                    filter-cleaning
                                    mechanism:
                                      --When used outdoors..  None....................  APF 10.
                                      --When used indoors or  APF 10..................  APF 10.
                                       in an enclosed area.
(xi) Handheld grinders for mortar  Use grinder equipped with  APF 10..................  APF 25.
 removal (i.e., tuckpointing).      commercially available
                                    shroud and dust
                                    collection system.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   Dust collector must
                                    provide 25 cubic feet
                                    per minute (cfm) or
                                    greater of airflow per
                                    inch of wheel diameter
                                    and have a filter with
                                    99% or greater
                                    efficiency and a
                                    cyclonic pre-separator
                                    or filter-cleaning
                                    mechanism.
(xii) Handheld grinders for uses   For tasks performed        None....................  None.
 other than mortar removal.         outdoors only:
                                   Use grinder equipped with
                                    integrated water
                                    delivery system that
                                    continuously feeds water
                                    to the grinding surface.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   OR
                                   Use grinder equipped with
                                    commercially available
                                    shroud and dust
                                    collection system.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   Dust collector must
                                    provide 25 cubic feet
                                    per minute (cfm) or
                                    greater of airflow per
                                    inch of wheel diameter
                                    and have a filter with
                                    99% or greater
                                    efficiency and a
                                    cyclonic pre-separator
                                    or filter-cleaning
                                    mechanism:

[[Page 642]]

 
                                      --When used outdoors..  None....................  None.
                                      --When used indoors or  None....................  APF 10.
                                       in an enclosed area.
(xiii) Walk-behind milling         Use machine equipped with  None....................  None.
 machines and floor grinders.       integrated water
                                    delivery system that
                                    continuously feeds water
                                    to the cutting surface.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   OR
                                   Use machine equipped with  None....................  None.
                                    dust collection system
                                    recommended by the
                                    manufacturer.
                                   Operate and maintain tool
                                    in accordance with
                                    manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   Dust collector must
                                    provide the air flow
                                    recommended by the
                                    manufacturer, or
                                    greater, and have a
                                    filter with 99% or
                                    greater efficiency and a
                                    filter-cleaning
                                    mechanism.
                                   When used indoors or in
                                    an enclosed area, use a
                                    HEPA-filtered vacuum to
                                    remove loose dust in
                                    between passes.
(xiv) Small drivable milling       Use a machine equipped     None....................  None.
 machines (less than half-lane).    with supplemental water
                                    sprays designed to
                                    suppress dust. Water
                                    must be combined with a
                                    surfactant.
                                   Operate and maintain
                                    machine to minimize dust
                                    emissions.
(xv) Large drivable milling        For cuts of any depth on   None....................  None.
 machines (half-lane and larger).   asphalt only:
                                   Use machine equipped with
                                    exhaust ventilation on
                                    drum enclosure and
                                    supplemental water
                                    sprays designed to
                                    suppress dust.
                                   Operate and maintain
                                    machine to minimize dust
                                    emissions.
                                   For cuts of four inches
                                    in depth or less on any
                                    substrate:
                                   Use machine equipped with  None....................  None.
                                    exhaust ventilation on
                                    drum enclosure and
                                    supplemental water
                                    sprays designed to
                                    suppress dust.
                                   Operate and maintain
                                    machine to minimize dust
                                    emissions.
                                   OR
                                   Use a machine equipped     None....................  None.
                                    with supplemental water
                                    spray designed to
                                    suppress dust. Water
                                    must be combined with a
                                    surfactant.
                                   Operate and maintain
                                    machine to minimize dust
                                    emissions.
(xvi) Crushing machines..........  Use equipment designed to  None....................  None.
                                    deliver water spray or
                                    mist for dust
                                    suppression at crusher
                                    and other points where
                                    dust is generated (e.g.,
                                    hoppers, conveyers,
                                    sieves/sizing or
                                    vibrating components,
                                    and discharge points).
                                   Operate and maintain
                                    machine in accordance
                                    with manufacturer's
                                    instructions to minimize
                                    dust emissions.
                                   Use a ventilated booth
                                    that provides fresh,
                                    climate-controlled air
                                    to the operator, or a
                                    remote control station.
(xvii) Heavy equipment and         Operate equipment from     None....................  None.
 utility vehicles used to abrade    within an enclosed cab.   None....................  None.
 or fracture silica-containing     When employees outside of
 materials (e.g., hoe-ramming,      the cab are engaged in
 rock ripping) or used during       the task, apply water
 demolition activities involving    and/or dust suppressants
 silica-containing materials.       as necessary to minimize
                                    dust emissions.

[[Page 643]]

 
(xviii) Heavy equipment and        Apply water and/or dust    None....................  None.
 utility vehicles for tasks such    suppressants as
 as grading and excavating but      necessary to minimize
 not including: Demolishing,        dust emissions.
 abrading, or fracturing silica-   OR.......................
 containing materials.
                                   When the equipment         None....................  None.
                                    operator is the only
                                    employee engaged in the
                                    task, operate equipment
                                    from within an enclosed
                                    cab.
----------------------------------------------------------------------------------------------------------------

    (2) When implementing the control measures specified in Table 1, 
each employer shall:
    (i) For tasks performed indoors or in enclosed areas, provide a 
means of exhaust as needed to minimize the accumulation of visible 
airborne dust;
    (ii) For tasks performed using wet methods, apply water at flow 
rates sufficient to minimize release of visible dust;
    (iii) For measures implemented that include an enclosed cab or 
booth, ensure that the enclosed cab or booth:
    (A) Is maintained as free as practicable from settled dust;
    (B) Has door seals and closing mechanisms that work properly;
    (C) Has gaskets and seals that are in good condition and working 
properly;
    (D) Is under positive pressure maintained through continuous 
delivery of fresh air;
    (E) Has intake air that is filtered through a filter that is 95% 
efficient in the 0.3-10.0 [micro]m range (e.g., MERV-16 or better); and
    (F) Has heating and cooling capabilities.
    (3) Where an employee performs more than one task on Table 1 during 
the course of a shift, and the total duration of all tasks combined is 
more than four hours, the required respiratory protection for each task 
is the respiratory protection specified for more than four hours per 
shift. If the total duration of all tasks on Table 1 combined is less 
than four hours, the required respiratory protection for each task is 
the respiratory protection specified for less than four hours per shift.
    (d) Alternative exposure control methods. For tasks not listed in 
Table 1, or where the employer does not fully and properly implement the 
engineering controls, work practices, and respiratory protection 
described in Table 1:
    (1) Permissible exposure limit (PEL). The employer shall ensure that 
no employee is exposed to an airborne concentration of respirable 
crystalline silica in excess of 50 [micro]g/m\3\, calculated as an 8-
hour TWA.
    (2) Exposure assessment--(i) General. The employer shall assess the 
exposure of each employee who is or may reasonably be expected to be 
exposed to respirable crystalline silica at or above the action level in 
accordance with either the performance option in paragraph (d)(2)(ii) or 
the scheduled monitoring option in paragraph (d)(2)(iii) of this 
section.
    (ii) Performance option. The employer shall assess the 8-hour TWA 
exposure for each employee on the basis of any combination of air 
monitoring data or objective data sufficient to accurately characterize 
employee exposures to respirable crystalline silica.
    (iii) Scheduled monitoring option. (A) The employer shall 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 exposures of employees on each shift, for each job 
classification, in each work area. Where several employees perform the 
same tasks on the same shift and in the same work area, the employer may 
sample a representative fraction

[[Page 644]]

of these employees in order to meet this requirement. In representative 
sampling, the employer shall sample the employee(s) who are expected to 
have the highest exposure to respirable crystalline silica.
    (B) 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.
    (C) Where the most recent exposure monitoring indicates that 
employee exposures are at or above the action level but at or below the 
PEL, the employer shall repeat such monitoring within six months of the 
most recent monitoring.
    (D) Where the most recent exposure monitoring indicates that 
employee exposures are above the PEL, the employer shall repeat such 
monitoring within three months of the most recent monitoring.
    (E) Where the most recent (non-initial) exposure monitoring 
indicates that employee exposures are below the action level, the 
employer shall repeat such monitoring within six months of the most 
recent monitoring until two consecutive measurements, taken seven or 
more days apart, are below the action level, at which time the employer 
may discontinue monitoring for those employees whose exposures are 
represented by such monitoring, except as otherwise provided in 
paragraph (d)(2)(iv) of this section.
    (iv) Reassessment of exposures. The employer shall reassess 
exposures whenever a change in the production, process, control 
equipment, personnel, or work practices may reasonably be expected to 
result in new or additional exposures at or above the action level, or 
when the employer has any reason to believe that new or additional 
exposures at or above the action level have occurred.
    (v) Methods of sample analysis. The employer shall ensure that all 
samples taken to satisfy the monitoring requirements of paragraph (d)(2) 
of this section are evaluated by a laboratory that analyzes air samples 
for respirable crystalline silica in accordance with the procedures in 
appendix A to this section.
    (vi) Employee notification of assessment results. (A) Within five 
working days after completing an exposure assessment in accordance with 
paragraph (d)(2) of this section, the employer shall individually notify 
each affected employee in writing of the results of that assessment or 
post the results in an appropriate location accessible to all affected 
employees.
    (B) Whenever an exposure assessment 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.
    (vii) Observation of monitoring. (A) 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 respirable 
crystalline silica.
    (B) When observation of monitoring requires entry into an area where 
the use of protective clothing or equipment is required for any 
workplace hazard, the employer shall provide the observer with 
protective clothing and equipment at no cost and shall ensure that the 
observer uses such clothing and equipment.
    (3) Methods of compliance--(i) Engineering and work practice 
controls. The employer shall use engineering and work practice controls 
to reduce and maintain employee exposure to respirable crystalline 
silica to or below the PEL, unless the employer can demonstrate that 
such controls are not feasible. Wherever such feasible engineering and 
work practice controls are not sufficient to reduce employee exposure to 
or below the PEL, the employer shall nonetheless use them to reduce 
employee exposure to the lowest feasible level and shall supplement them 
with the use of respiratory protection that complies with the 
requirements of paragraph (e) of this section.
    (ii) Abrasive blasting. In addition to the requirements of paragraph 
(d)(3)(i) of this section, the employer shall comply with other OSHA 
standards, when applicable, such as 29 CFR 1926.57 (Ventilation), where 
abrasive blasting is

[[Page 645]]

conducted using crystalline silica-containing blasting agents, or where 
abrasive blasting is conducted on substrates that contain crystalline 
silica.
    (e) 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 and 29 CFR 1910.134. Respiratory protection is 
required:
    (i) Where specified by Table 1 of paragraph (c) of this section; or
    (ii) For tasks not listed in Table 1, or where the employer does not 
fully and properly implement the engineering controls, work practices, 
and respiratory protection described in Table 1:
    (A) Where exposures exceed the PEL during periods necessary to 
install or implement feasible engineering and work practice controls;
    (B) Where exposures exceed the PEL during tasks, such as certain 
maintenance and repair tasks, for which engineering and work practice 
controls are not feasible; and
    (C) During tasks 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.
    (2) Respiratory protection program. Where respirator use is required 
by this section, the employer shall institute a respiratory protection 
program in accordance with 29 CFR 1910.134.
    (3) Specified exposure control methods. For the tasks listed in 
Table 1 in paragraph (c) of this section, if the employer fully and 
properly implements the engineering controls, work practices, and 
respiratory protection described in Table 1, the employer shall be 
considered to be in compliance with paragraph (e)(1) of this section and 
the requirements for selection of respirators in 29 CFR 
1910.134(d)(1)(iii) and (d)(3) with regard to exposure to respirable 
crystalline silica.
    (f) Housekeeping. (1) The employer shall not allow dry sweeping or 
dry brushing where such activity could contribute to employee exposure 
to respirable crystalline silica unless wet sweeping, HEPA-filtered 
vacuuming or other methods that minimize the likelihood of exposure are 
not feasible.
    (2) The employer shall not allow compressed air to be used to clean 
clothing or surfaces where such activity could contribute to employee 
exposure to respirable crystalline silica unless:
    (i) The compressed air is used in conjunction with a ventilation 
system that effectively captures the dust cloud created by the 
compressed air; or
    (ii) No alternative method is feasible.
    (g) Written exposure control plan. (1) The employer shall establish 
and implement a written exposure control plan that contains at least the 
following elements:
    (i) A description of the tasks in the workplace that involve 
exposure to respirable crystalline silica;
    (ii) A description of the engineering controls, work practices, and 
respiratory protection used to limit employee exposure to respirable 
crystalline silica for each task;
    (iii) A description of the housekeeping measures used to limit 
employee exposure to respirable crystalline silica; and
    (iv) A description of the procedures used to restrict access to work 
areas, when necessary, to minimize the number of employees exposed to 
respirable crystalline silica and their level of exposure, including 
exposures generated by other employers or sole proprietors.
    (2) The employer shall review and evaluate the effectiveness of the 
written exposure control plan at least annually and update it as 
necessary.
    (3) The employer shall make the written exposure control plan 
readily available for examination and copying, upon request, to each 
employee covered by this section, their designated representatives, the 
Assistant Secretary and the Director.
    (4) The employer shall designate a competent person to make frequent 
and regular inspections of job sites, materials, and equipment to 
implement the written exposure control plan.
    (h) 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 each employee who will be

[[Page 646]]

required under this section to use a respirator for 30 or more days per 
year.
    (ii) The employer shall ensure that all medical examinations and 
procedures required by this section are performed by a PLHCP as defined 
in paragraph (b) of this section.
    (2) Initial examination. The employer shall make available an 
initial (baseline) medical examination within 30 days after initial 
assignment, unless the employee has received a medical examination that 
meets the requirements of this section within the last three years. The 
examination shall consist of:
    (i) A medical and work history, with emphasis on: Past, present, and 
anticipated exposure to respirable crystalline silica, dust, and other 
agents affecting the respiratory system; any history of respiratory 
system dysfunction, including signs and symptoms of respiratory disease 
(e.g., shortness of breath, cough, wheezing); history of tuberculosis; 
and smoking status and history;
    (ii) A physical examination with special emphasis on the respiratory 
system;
    (iii) A chest X-ray (a single posteroanterior radiographic 
projection or radiograph of the chest at full inspiration recorded on 
either film (no less than 14 x 17 inches and no more than 16 x 17 
inches) or digital radiography systems), interpreted and classified 
according to the International Labour Office (ILO) International 
Classification of Radiographs of Pneumoconioses by a NIOSH-certified B 
Reader;
    (iv) A pulmonary function test to include forced vital capacity 
(FVC) and forced expiratory volume in one second (FEV1) and 
FEV1/FVC ratio, administered by a spirometry technician with 
a current certificate from a NIOSH-approved spirometry course;
    (v) Testing for latent tuberculosis infection; and
    (vi) Any other tests deemed appropriate by the PLHCP.
    (3) Periodic examinations. The employer shall make available medical 
examinations that include the procedures described in paragraph (h)(2) 
of this section (except paragraph (h)(2)(v)) at least every three years, 
or more frequently if recommended by the 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 PLHCP with the following information:
    (i) A description of the employee's former, current, and anticipated 
duties as they relate to the employee's occupational exposure to 
respirable crystalline silica;
    (ii) The employee's former, current, and anticipated levels of 
occupational exposure to respirable crystalline silica;
    (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 or will use that equipment; and
    (iv) Information from records of employment-related medical 
examinations previously provided to the employee and currently within 
the control of the employer.
    (5) PLHCP's written medical report for the employee. The employer 
shall ensure that the PLHCP explains to the employee the results of the 
medical examination and provides each employee with a written medical 
report within 30 days of each medical examination performed. The written 
report shall contain:
    (i) A statement indicating the results of the medical examination, 
including any medical condition(s) that would place the employee at 
increased risk of material impairment to health from exposure to 
respirable crystalline silica and any medical conditions that require 
further evaluation or treatment;
    (ii) Any recommended limitations on the employee's use of 
respirators;
    (iii) Any recommended limitations on the employee's exposure to 
respirable crystalline silica; and
    (iv) A statement that the employee should be examined by a 
specialist (pursuant to paragraph (h)(7) of this section) if the chest 
X-ray provided in accordance with this section is classified as 1/0 or 
higher by the B Reader, or if referral to a specialist is otherwise 
deemed appropriate by the PLHCP.
    (6) PLHCP's written medical opinion for the employer. (i) The 
employer shall obtain a written medical opinion from

[[Page 647]]

the PLHCP within 30 days of the medical examination. The written opinion 
shall contain only the following:
    (A) The date of the examination;
    (B) A statement that the examination has met the requirements of 
this section; and
    (C) Any recommended limitations on the employee's use of 
respirators.
    (ii) If the employee provides written authorization, the written 
opinion shall also contain either or both of the following:
    (A) Any recommended limitations on the employee's exposure to 
respirable crystalline silica;
    (B) A statement that the employee should be examined by a specialist 
(pursuant to paragraph (h)(7) of this section) if the chest X-ray 
provided in accordance with this section is classified as 1/0 or higher 
by the B Reader, or if referral to a specialist is otherwise deemed 
appropriate by the PLHCP.
    (iii) The employer shall ensure that each employee receives a copy 
of the written medical opinion described in paragraph (h)(6)(i) and (ii) 
of this section within 30 days of each medical examination performed.
    (7) Additional examinations. (i) If the PLHCP's written medical 
opinion indicates that an employee should be examined by a specialist, 
the employer shall make available a medical examination by a specialist 
within 30 days after receiving the PLHCP's written opinion.
    (ii) The employer shall ensure that the examining specialist is 
provided with all of the information that the employer is obligated to 
provide to the PLHCP in accordance with paragraph (h)(4) of this 
section.
    (iii) The employer shall ensure that the specialist explains to the 
employee the results of the medical examination and provides each 
employee with a written medical report within 30 days of the 
examination. The written report shall meet the requirements of paragraph 
(h)(5) (except paragraph (h)(5)(iv)) of this section.
    (iv) The employer shall obtain a written opinion from the specialist 
within 30 days of the medical examination. The written opinion shall 
meet the requirements of paragraph (h)(6) (except paragraph (h)(6)(i)(B) 
and (ii)(B)) of this section.
    (i) Communication of respirable crystalline silica hazards to 
employees--(1) Hazard communication. The employer shall include 
respirable crystalline silica in the program established to comply with 
the hazard communication standard (HCS) (29 CFR 1910.1200). The employer 
shall ensure that each employee has access to labels on containers of 
crystalline silica and safety data sheets, and is trained in accordance 
with the provisions of HCS and paragraph (i)(2) of this section. The 
employer shall ensure that at least the following hazards are addressed: 
Cancer, lung effects, immune system effects, and kidney effects.
    (2) Employee information and training. (i) The employer shall ensure 
that each employee covered by this section can demonstrate knowledge and 
understanding of at least the following:
    (A) The health hazards associated with exposure to respirable 
crystalline silica;
    (B) Specific tasks in the workplace that could result in exposure to 
respirable crystalline silica;
    (C) Specific measures the employer has implemented to protect 
employees from exposure to respirable crystalline silica, including 
engineering controls, work practices, and respirators to be used;
    (D) The contents of this section;
    (E) The identity of the competent person designated by the employer 
in accordance with paragraph (g)(4) of this section; and
    (F) The purpose and a description of the medical surveillance 
program required by paragraph (h) of this section.
    (ii) The employer shall make a copy of this section readily 
available without cost to each employee covered by this section.
    (j) Recordkeeping--(1) Air monitoring data. (i) The employer shall 
make and maintain an accurate record of all exposure measurements taken 
to assess employee exposure to respirable crystalline silica, as 
prescribed in paragraph (d)(2) of this section.
    (ii) This record shall include at least the following information:
    (A) The date of measurement for each sample taken;

[[Page 648]]

    (B) The task monitored;
    (C) Sampling and analytical methods used;
    (D) Number, duration, and results of samples taken;
    (E) Identity of the laboratory that performed the analysis;
    (F) Type of personal protective equipment, such as respirators, worn 
by the employees monitored; and
    (G) 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) Objective data. (i) The employer shall make and 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 crystalline silica-containing material in question;
    (B) The source of the objective data;
    (C) The testing protocol and results of testing;
    (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 
exposures on which the objective data were based.
    (iii) The employer shall ensure that objective data are maintained 
and made available in accordance with 29 CFR 1910.1020.
    (3) Medical surveillance. (i) The employer shall make and maintain 
an accurate record for each employee covered by medical surveillance 
under paragraph (h) of this section.
    (ii) The record shall include the following information about the 
employee:
    (A) Name;
    (B) A copy of the PLHCPs' and specialists' written medical opinions; 
and
    (C) A copy of the information provided to the PLHCPs and 
specialists.
    (iii) The employer shall ensure that medical records are maintained 
and made available in accordance with 29 CFR 1910.1020.
    (k) Dates. (1) This section shall become effective June 23, 2016.
    (2) All obligations of this section, except requirements for methods 
of sample analysis in paragraph (d)(2)(v), shall commence June 23, 2017.
    (3) Requirements for methods of sample analysis in paragraph 
(d)(2)(v) of this section commence June 23, 2018.

        Appendix A to Sec.  1926.1153--Methods of Sample Analysis

    This This appendix specifies the procedures for analyzing air 
samples for respirable crystalline silica, as well as the quality 
control procedures that employers must ensure that laboratories use when 
performing an analysis required under 29 CFR 1926.1153 (d)(2)(v). 
Employers must ensure that such a laboratory:
    1. Evaluates all samples using the procedures specified in one of 
the following analytical methods: OSHA ID-142; NMAM 7500; NMAM 7602; 
NMAM 7603; MSHA P-2; or MSHA P-7;
    2. Is accredited to ANS/ISO/IEC Standard 17025:2005 with respect to 
crystalline silica analyses by a body that is compliant with ISO/IEC 
Standard 17011:2004 for implementation of quality assessment programs;
    3. Uses the most current National Institute of Standards and 
Technology (NIST) or NIST traceable standards for instrument calibration 
or instrument calibration verification;
    4. Implements an internal quality control (QC) program that 
evaluates analytical uncertainty and provides employers with estimates 
of sampling and analytical error;
    5. Characterizes the sample material by identifying polymorphs of 
respirable crystalline silica present, identifies the presence of any 
interfering compounds that might affect the analysis, and makes any 
corrections necessary in order to obtain accurate sample analysis; and
    6. Analyzes quantitatively for crystalline silica only after 
confirming that the sample matrix is free of uncorrectable analytical 
interferences, corrects for analytical interferences, and uses a method 
that meets the following performance specifications:
    6.1 Each day that samples are analyzed, performs instrument 
calibration checks with standards that bracket the sample 
concentrations;
    6.2 Uses five or more calibration standard levels to prepare 
calibration curves and ensures that standards are distributed through 
the calibration range in a manner that accurately reflects the 
underlying calibration curve; and
    6.3 Optimizes methods and instruments to obtain a quantitative limit 
of detection that represents a value no higher than 25 percent of the 
PEL based on sample air volume.

[[Page 649]]

     Appendix B to Sec.  1926.1153--Medical Surveillance Guidelines

                              Introduction

    The purpose of this Appendix is to provide medical information and 
recommendations to aid physicians and other licensed health care 
professionals (PLHCPs) regarding compliance with the medical 
surveillance provisions of the respirable crystalline silica standard 
(29 CFR 1926.1153). Appendix B is for informational and guidance 
purposes only and none of the statements in Appendix B should be 
construed as imposing a mandatory requirement on employers that is not 
otherwise imposed by the standard.
    Medical screening and surveillance allow for early identification of 
exposure-related health effects in individual employee and groups of 
employees, so that actions can be taken to both avoid further exposure 
and prevent or address adverse health outcomes. Silica-related diseases 
can be fatal, encompass a variety of target organs, and may have public 
health consequences when considering the increased risk of a latent 
tuberculosis (TB) infection becoming active. Thus, medical surveillance 
of silica-exposed employees requires that PLHCPs have a thorough 
knowledge of silica-related health effects.
    This Appendix is divided into seven sections. Section 1 reviews 
silica-related diseases, medical responses, and public health responses. 
Section 2 outlines the components of the medical surveillance program 
for employees exposed to silica. Section 3 describes the roles and 
responsibilities of the PLHCP implementing the program and of other 
medical specialists and public health professionals. Section 4 provides 
a discussion of considerations, including confidentiality. Section 5 
provides a list of additional resources and Section 6 lists references. 
Section 7 provides sample forms for the written medical report for the 
employee, the written medical opinion for the employer and the written 
authorization.

                1. Recognition of Silica-Related Diseases

    1.1. Overview. The term ``silica'' refers specifically to the 
compound silicon dioxide (SiO2). Silica is a major component 
of sand, rock, and mineral ores. Exposure to fine (respirable size) 
particles of crystalline forms of silica is associated with adverse 
health effects, such as silicosis, lung cancer, chronic obstructive 
pulmonary disease (COPD), and activation of latent TB infections. 
Exposure to respirable crystalline silica can occur in industry settings 
such as foundries, abrasive blasting operations, paint manufacturing, 
glass and concrete product manufacturing, brick making, china and 
pottery manufacturing, manufacturing of plumbing fixtures, and many 
construction activities including highway repair, masonry, concrete 
work, rock drilling, and tuck-pointing. New uses of silica continue to 
emerge. These include countertop manufacturing, finishing, and 
installation (Kramer et al. 2012; OSHA 2015) and hydraulic fracturing in 
the oil and gas industry (OSHA 2012).
    Silicosis is an irreversible, often disabling, and sometimes fatal 
fibrotic lung disease. Progression of silicosis can occur despite 
removal from further exposure. Diagnosis of silicosis requires a history 
of exposure to silica and radiologic findings characteristic of silica 
exposure. Three different presentations of silicosis (chronic, 
accelerated, and acute) have been defined. Accelerated and acute 
silicosis are much less common than chronic silicosis. However, it is 
critical to recognize all cases of accelerated and acute silicosis 
because these are life-threatening illnesses and because they are caused 
by substantial overexposures to respirable crystalline silica. Although 
any case of silicosis indicates a breakdown in prevention, a case of 
acute or accelerated silicosis implies current high exposure and a very 
marked breakdown in prevention.
    In addition to silicosis, employees exposed to respirable 
crystalline silica, especially those with accelerated or acute 
silicosis, are at increased risks of contracting active TB and other 
infections (ATS 1997; Rees and Murray 2007). Exposure to respirable 
crystalline silica also increases an employee's risk of developing lung 
cancer, and the higher the cumulative exposure, the higher the risk 
(Steenland et al. 2001; Steenland and Ward 2014). Symptoms for these 
diseases and other respirable crystalline silica-related diseases are 
discussed below.
    1.2. Chronic Silicosis. Chronic silicosis is the most common 
presentation of silicosis and usually occurs after at least 10 years of 
exposure to respirable crystalline silica. The clinical presentation of 
chronic silicosis is:
    1.2.1. Symptoms--shortness of breath and cough, although employees 
may not notice any symptoms early in the disease. Constitutional 
symptoms, such as fever, loss of appetite and fatigue, may indicate 
other diseases associated with silica exposure, such as TB infection or 
lung cancer. Employees with these symptoms should immediately receive 
further evaluation and treatment.
    1.2.2. Physical Examination--may be normal or disclose dry rales or 
rhonchi on lung auscultation.
    1.2.3. Spirometry--may be normal or may show only a mild restrictive 
or obstructive pattern.
    1.2.4. Chest X-ray--classic findings are small, rounded opacities in 
the upper lung fields bilaterally. However, small irregular opacities 
and opacities in other lung areas can also occur. Rarely, ``eggshell 
calcifications'' in the hilar and mediastinal lymph nodes are seen.

[[Page 650]]

    1.2.5. Clinical Course--chronic silicosis in most cases is a slowly 
progressive disease. Under the respirable crystalline silica standard, 
the PLHCP is to recommend that employees with a 1/0 category X-ray be 
referred to an American Board Certified Specialist in Pulmonary Disease 
or Occupational Medicine. The PLHCP and/or Specialist should counsel 
employees regarding work practices and personal habits that could affect 
employees' respiratory health.
    1.3. Accelerated Silicosis. Accelerated silicosis generally occurs 
within 5-10 years of exposure and results from high levels of exposure 
to respirable crystalline silica. The clinical presentation of 
accelerated silicosis is:
    1.3.1. Symptoms--shortness of breath, cough, and sometimes sputum 
production. Employees with exposure to respirable crystalline silica, 
and especially those with accelerated silicosis, are at high risk for 
activation of TB infections, atypical mycobacterial infections, and 
fungal superinfections. Constitutional symptoms, such as fever, weight 
loss, hemoptysis (coughing up blood), and fatigue may herald one of 
these infections or the onset of lung cancer.
    1.3.2. Physical Examination--rales, rhonchi, or other abnormal lung 
findings in relation to illnesses present. Clubbing of the digits, signs 
of heart failure, and cor pulmonale may be present in severe lung 
disease.
    1.3.3. Spirometry--restrictive or mixed restrictive/obstructive 
pattern.
    1.3.4. Chest X-ray--small rounded and/or irregular opacities 
bilaterally. Large opacities and lung abscesses may indicate infections, 
lung cancer, or progression to complicated silicosis, also termed 
progressive massive fibrosis.
    1.3.5. Clinical Course--accelerated silicosis has a rapid, severe 
course. Under the respirable crystalline silica standard, the PLHCP can 
recommend referral to a Board Certified Specialist in either Pulmonary 
Disease or Occupational Medicine, as deemed appropriate, and referral to 
a Specialist is recommended whenever the diagnosis of accelerated 
silicosis is being considered.
    1.4. Acute Silicosis. Acute silicosis is a rare disease caused by 
inhalation of extremely high levels of respirable crystalline silica 
particles. The pathology is similar to alveolar proteinosis with 
lipoproteinaceous material accumulating in the alveoli. Acute silicosis 
develops rapidly, often, within a few months to less than 2 years of 
exposure, and is almost always fatal. The clinical presentation of acute 
silicosis is as follows:
    1.4.1. Symptoms--sudden, progressive, and severe shortness of 
breath. Constitutional symptoms are frequently present and include 
fever, weight loss, fatigue, productive cough, hemoptysis (coughing up 
blood), and pleuritic chest pain.
    1.4.2. Physical Examination--dyspnea at rest, cyanosis, decreased 
breath sounds, inspiratory rales, clubbing of the digits, and fever.
    1.4.3. Spirometry--restrictive or mixed restrictive/obstructive 
pattern.
    1.4.4. Chest X-ray--diffuse haziness of the lungs bilaterally early 
in the disease. As the disease progresses, the ``ground glass'' 
appearance of interstitial fibrosis will appear.
    1.4.5. Clinical Course--employees with acute silicosis are at 
especially high risk of TB activation, nontuberculous mycobacterial 
infections, and fungal superinfections. Acute silicosis is immediately 
life-threatening. The employee should be urgently referred to a Board 
Certified Specialist in Pulmonary Disease or Occupational Medicine for 
evaluation and treatment. Although any case of silicosis indicates a 
breakdown in prevention, a case of acute or accelerated silicosis 
implies a profoundly high level of silica exposure and may mean that 
other employees are currently exposed to dangerous levels of silica.
    1.5. COPD. COPD, including chronic bronchitis and emphysema, has 
been documented in silica-exposed employees, including those who do not 
develop silicosis. Periodic spirometry tests are performed to evaluate 
each employee for progressive changes consistent with the development of 
COPD. In addition to evaluating spirometry results of individual 
employees over time, PLHCPs may want to be aware of general trends in 
spirometry results for groups of employees from the same workplace to 
identify possible problems that might exist at that workplace. (See 
Section 2 of this Appendix on Medical Surveillance for further 
discussion.) Heart disease may develop secondary to lung diseases such 
as COPD. A recent study by Liu et al. 2014 noted a significant exposure-
response trend between cumulative silica exposure and heart disease 
deaths, primarily due to pulmonary heart disease, such as cor pulmonale.
    1.6. Renal and Immune System. Silica exposure has been associated 
with several types of kidney disease, including glomerulonephritis, 
nephrotic syndrome, and end stage renal disease requiring dialysis. 
Silica exposure has also been associated with other autoimmune 
conditions, including progressive systemic sclerosis, systemic lupus 
erythematosus, and rheumatoid arthritis. Studies note an association 
between employees with silicosis and serologic markers for autoimmune 
diseases, including antinuclear antibodies, rheumatoid factor, and 
immune complexes (Jalloul and Banks 2007; Shtraichman et al. 2015).
    1.7. TB and Other Infections. Silica-exposed employees with latent 
TB are 3 to 30 times more likely to develop active pulmonary TB 
infection (ATS 1997; Rees and Murray 2007).

[[Page 651]]

Although respirable crystalline silica exposure does not cause TB 
infection, individuals with latent TB infection are at increased risk 
for activation of disease if they have higher levels of respirable 
crystalline silica exposure, greater profusion of radiographic 
abnormalities, or a diagnosis of silicosis. Demographic characteristics, 
such as immigration from some countries, are associated with increased 
rates of latent TB infection. PLHCPs can review the latest Centers for 
Disease Control and Prevention (CDC) information on TB incidence rates 
and high risk populations online (See Section 5 of this Appendix). 
Additionally, silica-exposed employees are at increased risk for 
contracting nontuberculous mycobacterial infections, including 
Mycobacterium avium-intracellulare and Mycobacterium kansaii.
    1.8. Lung Cancer. The National Toxicology Program has listed 
respirable crystalline silica as a known human carcinogen since 2000 
(NTP 2014). The International Agency for Research on Cancer (2012) has 
also classified silica as Group 1 (carcinogenic to humans). Several 
studies have indicated that the risk of lung cancer from exposure to 
respirable crystalline silica and smoking is greater than additive 
(Brown 2009; Liu et al. 2013). Employees should be counseled on smoking 
cessation.

                         2. Medical Surveillance

    PLHCPs who manage silica medical surveillance programs should have a 
thorough understanding of the many silica-related diseases and health 
effects outlined in Section 1 of this Appendix. At each clinical 
encounter, the PLHCP should consider silica-related health outcomes, 
with particular vigilance for acute and accelerated silicosis. In this 
Section, the required components of medical surveillance under the 
respirable crystalline silica standard are reviewed, along with 
additional guidance and recommendations for PLHCPs performing medical 
surveillance examinations for silica-exposed employees.
    2.1. History.
    2.1.1. The respirable crystalline silica standard requires the 
following: A medical and work history, with emphasis on: Past, present, 
and anticipated exposure to respirable crystalline silica, dust, and 
other agents affecting the respiratory system; any history of 
respiratory system dysfunction, including signs and symptoms of 
respiratory disease (e.g., shortness of breath, cough, wheezing); 
history of TB; and smoking status and history.
    2.1.2. Further, the employer must provide the PLHCP with the 
following information:
    2.1.2.1. A description of the employee's former, current, and 
anticipated duties as they relate to the employee's occupational 
exposure to respirable crystalline silica;
    2.1.2.2. The employee's former, current, and anticipated levels of 
occupational exposure to respirable crystalline silica;
    2.1.2.3. 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 or will use that equipment; and
    2.1.2.4. Information from records of employment-related medical 
examinations previously provided to the employee and currently within 
the control of the employer.
    2.1.3. Additional guidance and recommendations: A history is 
particularly important both in the initial evaluation and in periodic 
examinations. Information on past and current medical conditions 
(particularly a history of kidney disease, cardiac disease, connective 
tissue disease, and other immune diseases), medications, 
hospitalizations and surgeries may uncover health risks, such as immune 
suppression, that could put an employee at increased health risk from 
exposure to silica. This information is important when counseling the 
employee on risks and safe work practices related to silica exposure.
    2.2. Physical Examination.
    2.2.1. The respirable crystalline silica standard requires the 
following: A physical examination, with special emphasis on the 
respiratory system. The physical examination must be performed at the 
initial examination and every three years thereafter.
    2.2.2. Additional guidance and recommendations: Elements of the 
physical examination that can assist the PHLCP include: An examination 
of the cardiac system, an extremity examination (for clubbing, cyanosis, 
edema, or joint abnormalities), and an examination of other pertinent 
organ systems identified during the history.
    2.3. TB Testing.
    2.3.1. The respirable crystalline silica standard requires the 
following: Baseline testing for TB on initial examination.
    2.3.2. Additional guidance and recommendations:
    2.3.2.1. Current CDC guidelines (See Section 5 of this Appendix) 
should be followed for the application and interpretation of Tuberculin 
skin tests (TST). The interpretation and documentation of TST reactions 
should be performed within 48 to 72 hours of administration by trained 
PLHCPs.
    2.3.2.2. PLHCPs may use alternative TB tests, such as interferon-
[gamma] release assays (IGRAs), if sensitivity and specificity are 
comparable to TST (Mazurek et al. 2010; Slater et al. 2013). PLHCPs can 
consult the current CDC guidelines for acceptable tests for latent TB 
infection.
    2.3.2.3. The silica standard allows the PLHCP to order additional 
tests or test at a greater frequency than required by the standard, if 
deemed appropriate. Therefore,

[[Page 652]]

PLHCPs might perform periodic (e.g., annual) TB testing as appropriate, 
based on employees' risk factors. For example, according to the American 
Thoracic Society (ATS), the diagnosis of silicosis or exposure to silica 
for 25 years or more are indications for annual TB testing (ATS 1997). 
PLHCPs should consult the current CDC guidance on risk factors for TB 
(See Section 5 of this Appendix).
    2.3.2.4. Employees with positive TB tests and those with 
indeterminate test results should be referred to the appropriate agency 
or specialist, depending on the test results and clinical picture. 
Agencies, such as local public health departments, or specialists, such 
as a pulmonary or infectious disease specialist, may be the appropriate 
referral. Active TB is a nationally notifiable disease. PLHCPs should be 
aware of the reporting requirements for their region. All States have TB 
Control Offices that can be contacted for further information. (See 
Section 5 of this Appendix for links to CDC's TB resources and State TB 
Control Offices.)
    2.3.2.5. The following public health principles are key to TB 
control in the U.S. (ATS-CDC-IDSA 2005):
    (1) Prompt detection and reporting of persons who have contracted 
active TB;
    (2) Prevention of TB spread to close contacts of active TB cases;
    (3) Prevention of active TB in people with latent TB through 
targeted testing and treatment; and
    (4) Identification of settings at high risk for TB transmission so 
that appropriate infection-control measures can be implemented.
    2.4. Pulmonary Function Testing.
    2.4.1. The respirable crystalline silica standard requires the 
following: Pulmonary function testing must be performed on the initial 
examination and every three years thereafter. The required pulmonary 
function test is spirometry and must include forced vital capacity 
(FVC), forced expiratory volume in one second (FEV1), and 
FEV1/FVC ratio. Testing must be administered by a spirometry 
technician with a current certificate from a National Institute for 
Occupational Health and Safety (NIOSH)-approved spirometry course.
    2.4.2. Additional guidance and recommendations: Spirometry provides 
information about individual respiratory status and can be used to track 
an employee's respiratory status over time or as a surveillance tool to 
follow individual and group respiratory function. For quality results, 
the ATS and the American College of Occupational and Environmental 
Medicine (ACOEM) recommend use of the third National Health and 
Nutrition Examination Survey (NHANES III) values, and ATS publishes 
recommendations for spirometry equipment (Miller et al. 2005; Townsend 
2011; Redlich et al. 2014). OSHA's publication, Spirometry Testing in 
Occupational Health Programs: Best Practices for Healthcare 
Professionals, provides helpful guidance (See Section 5 of this 
Appendix). Abnormal spirometry results may warrant further clinical 
evaluation and possible recommendations for limitations on the 
employee's exposure to respirable crystalline silica.
    2.5. Chest X-ray.
    2.5.1. The respirable crystalline silica standard requires the 
following: A single posteroanterior (PA) radiographic projection or 
radiograph of the chest at full inspiration recorded on either film (no 
less than 14 x 17 inches and no more than 16 x 17 inches) or digital 
radiography systems. A chest X-ray must be performed on the initial 
examination and every three years thereafter. The chest X-ray must be 
interpreted and classified according to the International Labour Office 
(ILO) International Classification of Radiographs of Pneumoconioses by a 
NIOSH-certified B Reader.
    Chest radiography is necessary to diagnose silicosis, monitor the 
progression of silicosis, and identify associated conditions such as TB. 
If the B reading indicates small opacities in a profusion of 1/0 or 
higher, the employee is to receive a recommendation for referral to a 
Board Certified Specialist in Pulmonary Disease or Occupational 
Medicine.
    2.5.2. Additional guidance and recommendations: Medical imaging has 
largely transitioned from conventional film-based radiography to digital 
radiography systems. The ILO Guidelines for the Classification of 
Pneumoconioses has historically provided film-based chest radiography as 
a referent standard for comparison to individual exams. However, in 
2011, the ILO revised the guidelines to include a digital set of 
referent standards that were derived from the prior film-based 
standards. To assist in assuring that digitally-acquired radiographs are 
at least as safe and effective as film radiographs, NIOSH has prepared 
guidelines, based upon accepted contemporary professional 
recommendations (See Section 5 of this Appendix). Current research from 
Laney et al. 2011 and Halldin et al. 2014 validate the use of the ILO 
digital referent images. Both studies conclude that the results of 
pneumoconiosis classification using digital references are comparable to 
film-based ILO classifications. Current ILO guidance on radiography for 
pneumoconioses and B-reading should be reviewed by the PLHCP 
periodically, as needed, on the ILO or NIOSH Web sites (See Section 5 of 
this Appendix).
    2.6. Other Testing. Under the respirable crystalline silica 
standards, the PLHCP has the option of ordering additional testing he or 
she deems appropriate. Additional tests can be ordered on a case-by-case 
basis depending on individual signs or symptoms and

[[Page 653]]

clinical judgment. For example, if an employee reports a history of 
abnormal kidney function tests, the PLHCP may want to order a baseline 
renal function tests (e.g., serum creatinine and urinalysis). As 
indicated above, the PLHCP may order annual TB testing for silica-
exposed employees who are at high risk of developing active TB 
infections. Additional tests that PLHCPs may order based on findings of 
medical examinations include, but is not limited to, chest computerized 
tomography (CT) scan for lung cancer or COPD, testing for immunologic 
diseases, and cardiac testing for pulmonary-related heart disease, such 
as cor pulmonale.

                      3. Roles and Responsibilities

    3.1. PLHCP. The PLHCP designation refers to ``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 the respirable crystalline silica 
standard. The legally permitted scope of practice for the PLHCP is 
determined by each State. PLHCPs who perform clinical services for a 
silica medical surveillance program should have a thorough knowledge of 
respirable crystalline silica-related diseases and symptoms. Suspected 
cases of silicosis, advanced COPD, or other respiratory conditions 
causing impairment should be promptly referred to a Board Certified 
Specialist in Pulmonary Disease or Occupational Medicine.
    Once the medical surveillance examination is completed, the employer 
must ensure that the PLHCP explains to the employee the results of the 
medical examination and provides the employee with a written medical 
report within 30 days of the examination. The written medical report 
must contain a statement indicating the results of the medical 
examination, including any medical condition(s) that would place the 
employee at increased risk of material impairment to health from 
exposure to respirable crystalline silica and any medical conditions 
that require further evaluation or treatment. In addition, the PLHCP's 
written medical report must include any recommended limitations on the 
employee's use of respirators, any recommended limitations on the 
employee's exposure to respirable crystalline silica, and a statement 
that the employee should be examined by a Board Certified Specialist in 
Pulmonary Disease or Occupational medicine if the chest X-ray is 
classified as 1/0 or higher by the B Reader, or if referral to a 
Specialist is otherwise deemed appropriate by the PLHCP.
    The PLHCP should discuss all findings and test results and any 
recommendations regarding the employee's health, worksite safety and 
health practices, and medical referrals for further evaluation, if 
indicated. In addition, it is suggested that the PLHCP offer to provide 
the employee with a complete copy of their examination and test results, 
as some employees may want this information for their own records or to 
provide to their personal physician or a future PLHCP. Employees are 
entitled to access their medical records.
    Under the respirable crystalline silica standard, the employer must 
ensure that the PLHCP provides the employer with a written medical 
opinion within 30 days of the employee examination, and that the 
employee also gets a copy of the written medical opinion for the 
employer within 30 days. The PLHCP may choose to directly provide the 
employee a copy of the written medical opinion. This can be particularly 
helpful to employees, such as construction employees, who may change 
employers frequently. The written medical opinion can be used by the 
employee as proof of up-to-date medical surveillance. The following 
lists the elements of the written medical report for the employee and 
written medical opinion for the employer. (Sample forms for the written 
medical report for the employee, the written medical opinion for the 
employer, and the written authorization are provided in Section 7 of 
this Appendix.)
    3.1.1. The written medical report for the employee must include the 
following information:
    3.1.1.1. A statement indicating the results of the medical 
examination, including any medical condition(s) that would place the 
employee at increased risk of material impairment to health from 
exposure to respirable crystalline silica and any medical conditions 
that require further evaluation or treatment;
    3.1.1.2. Any recommended limitations upon the employee's use of a 
respirator;
    3.1.1.3. Any recommended limitations on the employee's exposure to 
respirable crystalline silica; and
    3.1.1.4. A statement that the employee should be examined by a Board 
Certified Specialist in Pulmonary Disease or Occupational Medicine, 
where the standard requires or where the PLHCP has determined such a 
referral is necessary. The standard requires referral to a Board 
Certified Specialist in Pulmonary Disease or Occupational Medicine for a 
chest X-ray B reading indicating small opacities in a profusion of 1/0 
or higher, or if the PHLCP determines that referral to a Specialist is 
necessary for other silica-related findings.
    3.1.2. The PLHCP's written medical opinion for the employer must 
include only the following information:
    3.1.2.1. The date of the examination;
    3.1.2.2. A statement that the examination has met the requirements 
of this section; and

[[Page 654]]

    3.1.2.3. Any recommended limitations on the employee's use of 
respirators.
    3.1.2.4. If the employee provides the PLHCP with written 
authorization, the written opinion for the employer shall also contain 
either or both of the following:
    (1) Any recommended limitations on the employee's exposure to 
respirable crystalline silica; and
    (2) A statement that the employee should be examined by a Board 
Certified Specialist in Pulmonary Disease or Occupational Medicine if 
the chest X-ray provided in accordance with this section is classified 
as 1/0 or higher by the B Reader, or if referral to a Specialist is 
otherwise deemed appropriate.
    3.1.2.5. In addition to the above referral for abnormal chest X-ray, 
the PLHCP may refer an employee to a Board Certified Specialist in 
Pulmonary Disease or Occupational Medicine for other findings of concern 
during the medical surveillance examination if these findings are 
potentially related to silica exposure.
    3.1.2.6. Although the respirable crystalline silica standard 
requires the employer to ensure that the PLHCP explains the results of 
the medical examination to the employee, the standard does not mandate 
how this should be done. The written medical opinion for the employer 
could contain a statement that the PLHCP has explained the results of 
the medical examination to the employee.
    3.2. Medical Specialists. The silica standard requires that all 
employees with chest X-ray B readings of 1/0 or higher be referred to a 
Board Certified Specialist in Pulmonary Disease or Occupational 
Medicine. If the employee has given written authorization for the 
employer to be informed, then the employer shall make available a 
medical examination by a Specialist within 30 days after receiving the 
PLHCP's written medical opinion.
    3.2.1. The employer must provide the following information to the 
Board Certified Specialist in Pulmonary Disease or Occupational 
Medicine:
    3.2.1.1. A description of the employee's former, current, and 
anticipated duties as they relate to the employee's occupational 
exposure to respirable crystalline silica;
    3.2.1.2. The employee's former, current, and anticipated levels of 
occupational exposure to respirable crystalline silica;
    3.2.1.3. 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 or will use that equipment; and
    3.2.1.4. Information from records of employment-related medical 
examinations previously provided to the employee and currently within 
the control of the employer.
    3.2.2. The PLHCP should make certain that, with written 
authorization from the employee, the Board Certified Specialist in 
Pulmonary Disease or Occupational Medicine has any other pertinent 
medical and occupational information necessary for the specialist's 
evaluation of the employee's condition.
    3.2.3. Once the Board Certified Specialist in Pulmonary Disease or 
Occupational Medicine has evaluated the employee, the employer must 
ensure that the Specialist explains to the employee the results of the 
medical examination and provides the employee with a written medical 
report within 30 days of the examination. The employer must also ensure 
that the Specialist provides the employer with a written medical opinion 
within 30 days of the employee examination. (Sample forms for the 
written medical report for the employee, the written medical opinion for 
the employer and the written authorization are provided in Section 7 of 
this Appendix.)
    3.2.4. The Specialist's written medical report for the employee must 
include the following information:
    3.2.4.1. A statement indicating the results of the medical 
examination, including any medical condition(s) that would place the 
employee at increased risk of material impairment to health from 
exposure to respirable crystalline silica and any medical conditions 
that require further evaluation or treatment;
    3.2.4.2. Any recommended limitations upon the employee's use of a 
respirator; and
    3.2.4.3. Any recommended limitations on the employee's exposure to 
respirable crystalline silica.
    3.2.5. The Specialist's written medical opinion for the employer 
must include the following information:
    3.2.5.1. The date of the examination; and
    3.2.5.2. Any recommended limitations on the employee's use of 
respirators.
    3.2.5.3. If the employee provides the Board Certified Specialist in 
Pulmonary Disease or Occupational Medicine with written authorization, 
the written medical opinion for the employer shall also contain any 
recommended limitations on the employee's exposure to respirable 
crystalline silica.
    3.2.5.4. Although the respirable crystalline silica standard 
requires the employer to ensure that the Board Certified Specialist in 
Pulmonary Disease or Occupational Medicine explains the results of the 
medical examination to the employee, the standard does not mandate how 
this should be done. The written medical opinion for the employer could 
contain a statement that the Specialist has explained the results of the 
medical examination to the employee.
    3.2.6. After evaluating the employee, the Board Certified Specialist 
in Pulmonary Disease or Occupational Medicine should provide feedback to 
the PLHCP as appropriate, depending on the reason for the referral. OSHA 
believes that because the PLHCP has

[[Page 655]]

the primary relationship with the employer and employee, the Specialist 
may want to communicate his or her findings to the PLHCP and have the 
PLHCP simply update the original medical report for the employee and 
medical opinion for the employer. This is permitted under the standard, 
so long as all requirements and time deadlines are met.
    3.3. Public Health Professionals. PLHCPs might refer employees or 
consult with public health professionals as a result of silica medical 
surveillance. For instance, if individual cases of active TB are 
identified, public health professionals from state or local health 
departments may assist in diagnosis and treatment of individual cases 
and may evaluate other potentially affected persons, including 
coworkers. Because silica-exposed employees are at increased risk of 
progression from latent to active TB, treatment of latent infection is 
recommended. The diagnosis of active TB, acute or accelerated silicosis, 
or other silica-related diseases and infections should serve as sentinel 
events suggesting high levels of exposure to silica and may require 
consultation with the appropriate public health agencies to investigate 
potentially similarly exposed coworkers to assess for disease clusters. 
These agencies include local or state health departments or OSHA. In 
addition, NIOSH can provide assistance upon request through their Health 
Hazard Evaluation program. (See Section 5 of this Appendix)

               4. Confidentiality and Other Considerations

    The information that is provided from the PLHCP to the employee and 
employer under the medical surveillance section of OSHA's respirable 
crystalline silica standard differs from that of medical surveillance 
requirements in previous OSHA standards. The standard requires two 
separate written communications, a written medical report for the 
employee and a written medical opinion for the employer. The 
confidentiality requirements for the written medical opinion are more 
stringent than in past standards. For example, the information the PLHCP 
can (and must) include in his or her written medical opinion for the 
employer is limited to: The date of the examination, a statement that 
the examination has met the requirements of this section, and any 
recommended limitations on the employee's use of respirators. If the 
employee provides written authorization for the disclosure of any 
limitations on the employee's exposure to respirable crystalline silica, 
then the PLHCP can (and must) include that information in the written 
medical opinion for the employer as well. Likewise, with the employee's 
written authorization, the PLHCP can (and must) disclose the PLHCP's 
referral recommendation (if any) as part of the written medical opinion 
for the employer. However, the opinion to the employer must not include 
information regarding recommended limitations on the employee's exposure 
to respirable crystalline silica or any referral recommendations without 
the employee's written authorization.
    The standard also places limitations on the information that the 
Board Certified Specialist in Pulmonary Disease or Occupational Medicine 
can provide to the employer without the employee's written 
authorization. The Specialist's written medical opinion for the 
employer, like the PLHCP's opinion, is limited to (and must contain): 
The date of the examination and any recommended limitations on the 
employee's use of respirators. If the employee provides written 
authorization, the written medical opinion can (and must) also contain 
any limitations on the employee's exposure to respirable crystalline 
silica.
    The PLHCP should discuss the implication of signing or not signing 
the authorization with the employee (in a manner and language that he or 
she understands) so that the employee can make an informed decision 
regarding the written authorization and its consequences. The discussion 
should include the risk of ongoing silica exposure, personal risk 
factors, risk of disease progression, and possible health and economic 
consequences. For instance, written authorization is required for a 
PLHCP to advise an employer that an employee should be referred to a 
Board Certified Specialist in Pulmonary Disease or Occupational Medicine 
for evaluation of an abnormal chest X-ray (B-reading 1/0 or greater). If 
an employee does not sign an authorization, then the employer will not 
know and cannot facilitate the referral to a Specialist and is not 
required to pay for the Specialist's examination. In the rare case where 
an employee is diagnosed with acute or accelerated silicosis, co-workers 
are likely to be at significant risk of developing those diseases as a 
result of inadequate controls in the workplace. In this case, the PLHCP 
and/or Specialist should explain this concern to the affected employee 
and make a determined effort to obtain written authorization from the 
employee so that the PLHCP and/or Specialist can contact the employer.
    Finally, without written authorization from the employee, the PLHCP 
and/or Board Certified Specialist in Pulmonary Disease or Occupational 
Medicine cannot provide feedback to an employer regarding control of 
workplace silica exposure, at least in relation to an individual 
employee. However, the regulation does not prohibit a PLHCP and/or 
Specialist from providing an employer with general recommendations 
regarding exposure controls and prevention programs in relation to 
silica exposure and silica-related illnesses, based on the information 
that the PLHCP receives from the employer such as

[[Page 656]]

employees' duties and exposure levels. Recommendations may include 
increased frequency of medical surveillance examinations, additional 
medical surveillance components, engineering and work practice controls, 
exposure monitoring and personal protective equipment. For instance, 
more frequent medical surveillance examinations may be a recommendation 
to employers for employees who do abrasive blasting with silica because 
of the high exposures associated with that operation.
    ACOEM's Code of Ethics and discussion is a good resource to guide 
PLHCPs regarding the issues discussed in this section (See Section 5 of 
this Appendix).

                              5. Resources

    5.1. American College of Occupational and Environmental Medicine 
(ACOEM):

ACOEM Code of Ethics. Accessed at:http://www.acoem.org/
          codeofconduct.aspx
Raymond, L.W. and Wintermeyer, S. (2006) ACOEM evidenced-based statement 
          on medical surveillance of silica-exposed workers: Medical 
          surveillance of workers exposed to crystalline silica. J Occup 
          Environ Med, 48, 95-101.

    5.2. Center for Disease Control and Prevention (CDC)

Tuberculosis Web page: http://www.cdc.gov/tb/default.htm
State TB Control Offices Web page: http://www.cdc.gov/tb/links/
          tboffices.htm
Tuberculosis Laws and Policies Web page: http://www.cdc.gov/tb/programs/
          laws/default.htm
CDC. (2013). Latent Tuberculosis Infection: A Guide for Primary Health 
          Care Providers. Accessed at: http://www.cdc.gov/tb/
          publications/ltbi/pdf/targetedltbi.pdf

    5.3. International Labour Organization

International Labour Office (ILO). (2011) Guidelines for the use of the 
          ILO International Classification of Radiographs of 
          Pneumoconioses, Revised edition 2011. Occupational Safety and 
          Health Series No. 22: http://www.ilo.org/safework/info/
          publications/WCMS_168260/lang-en/index.htm

    5.4. National Institute of Occupational Safety and Health (NIOSH)

NIOSH B Reader Program Web page. (Information on interpretation of X-
          rays for silicosis and a list of certified B-readers). 
          Accessed at: http://www.cdc.gov/niosh/topics/chestradiography/
          breader-info.html
NIOSH Guideline (2011). Application of Digital Radiography for the 
          Detection and Classification of Pneumoconiosis. NIOSH 
          publication number 2011-198. Accessed at: http://www.cdc.gov/
          niosh/docs/2011-198/
NIOSH Hazard Review (2002), Health Effects of Occupational Exposure to 
          Respirable Crystalline Silica. NIOSH publication number 2002-
          129: Accessed at http://www.cdc.gov/niosh/docs/2002-129/
NIOSH Health Hazard Evaluations Programs. (Information on the NIOSH 
          Health Hazard Evaluation (HHE) program, how to request an HHE 
          and how to look up an HHE report). Accessed at: http://
          www.cdc.gov/niosh/hhe/

    5.5. National Industrial Sand Association:

Occupational Health Program for Exposure to Crystalline Silica in the 
          Industrial Sand Industry. National Industrial Sand 
          Association, 2nd ed. 2010. Can be ordered at: http://
          www.sand.org/silica-occupational-health-program

    5.6. Occupational Safety and Health Administration (OSHA)

Contacting OSHA: http://www.osha.gov/html/Feed_Back.html
OSHA's Clinicians Web page. (OSHA resources, regulations and links to 
          help clinicians navigate OSHA's Web site and aid clinicians in 
          caring for workers.) Accessed at: http://www.osha.gov/dts/oom/
          clinicians/index.html
OSHA's Safety and Health Topics Web page on Silica. Accessed at: http://
          www.osha.gov/dsg/topics/silicacrystalline/index.html
OSHA (2013). Spirometry Testing in Occupational Health Programs: Best 
          Practices for Healthcare Professionals. (OSHA 3637-03 2013). 
          Accessed at: http://www.osha.gov/Publications/OSHA3637.pdf
OSHA/NIOSH (2011). Spirometry: OSHA/NIOSH Spirometry InfoSheet (OSHA 
          3415-1-11). (Provides guidance to employers). Accessed at 
          http://www.osha.gov/Publications/osha3415.pdf
OSHA/NIOSH (2011) Spirometry: OSHA/NIOSH Spirometry Worker Info. (OSHA 
          3418-3-11). Accessed at http://www.osha.gov/Publications/
          osha3418.pdf

    5.7. Other

Steenland, K. and Ward E. (2014). Silica: A lung carcinogen. CA Cancer J 
          Clin, 64, 63-69. (This article reviews not only silica and 
          lung cancer but also all the known silica-related health 
          effects. Further, the authors provide guidance to clinicians 
          on medical surveillance of silica-exposed workers and worker 
          counselling on safety practices to minimize silica exposure.)

                              6. References

American Thoracic Society (ATS). Medical Section of the American Lung 
          Association (1997). Adverse effects of crystalline silica 
          exposure. Am J Respir Crit Care Med, 155, 761-765.
American Thoracic Society (ATS), Centers for Disease Control (CDC), 
          Infectious Diseases Society of America (IDSA) (2005). 
          Controlling Tuberculosis in the United States. Morbidity and 
          Mortality Weekly

[[Page 657]]

          Report (MMWR), 54(RR12), 1-81. Accessed at: http://
          www.cdc.gov/mmwr/preview/mmwrhtml/rr5412a1.htm
Brown, T. (2009). Silica exposure, smoking, silicosis and lung cancer--
          complex interactions. Occupational Medicine, 59, 89-95.
Halldin, C.N., Petsonk, E.L., and Laney, A.S. (2014). Validation of the 
          International Labour Office digitized standard images for 
          recognition and classification of radiographs of 
          pneumoconiosis. Acad Radiol, 21, 305-311.
International Agency for Research on Cancer. (2012). Monographs on the 
          evaluation of carcinogenic risks to humans: Arsenic, Metals, 
          Fibers, and Dusts Silica Dust, Crystalline, in the Form of 
          Quartz or Cristobalite. A Review of Human Carcinogens. Volume 
          100 C. Geneva, Switzerland: World Health Organization.
Jalloul, A.S. and Banks D.E. (2007). Chapter 23. The health effects of 
          silica exposure. In: Rom, W.N. and Markowitz, S.B. (Eds). 
          Environmental and Occupational Medicine, 4th edition. 
          Lippincott, Williams and Wilkins, Philadelphia, 365-387.
Kramer, M.R., Blanc, P.D., Fireman, E., Amital, A., Guber, A., Rahman, 
          N.A., and Shitrit, D. (2012). Artifical stone silicosis: 
          Disease resurgence among artificial stone workers. Chest, 142, 
          419-424.
Laney, A.S., Petsonk, E.L., and Attfield, M.D. (2011). Intramodality and 
          intermodality comparisons of storage phosphor computed 
          radiography and conventional film-screen radiography in the 
          recognition of small pneumonconiotic opacities. Chest, 140, 
          1574-1580.
Liu, Y., Steenland, K., Rong, Y., Hnizdo, E., Huang, X., Zhang, H., Shi, 
          T., Sun, Y., Wu, T., and Chen, W. (2013). Exposure-response 
          analysis and risk assessment for lung cancer in relationship 
          to silica exposure: A 44-year cohort study of 34,018 workers. 
          Am J Epi, 178, 1424-1433.
Liu, Y., Rong, Y., Steenland, K., Christiani, D.C., Huang, X., Wu, T., 
          and Chen, W. (2014). Long-term exposure to crystalline silica 
          and risk of heart disease mortality. Epidemiology, 25, 689-
          696.
Mazurek, G.H., Jereb, J., Vernon, A., LoBue, P., Goldberg, S., Castro, 
          K. (2010). Updated guidelines for using interferon gamma 
          release assays to detect Mycobacterium tuberculosis 
          infection--United States. Morbidity and Mortality Weekly 
          Report (MMWR), 59(RR05), 1-25.
Miller, M.R., Hankinson, J., Brusasco, V., Burgos, F., Casaburi, R., 
          Coates, A., Crapo, R., Enright, P., van der Grinten, C.P., 
          Gustafsson, P., Jensen, R., Johnson, D.C., MacIntyre, N., 
          McKay, R., Navajas, D., Pedersen, O.F., Pellegrino, R., Viegi, 
          G., and Wanger, J. (2005). American Thoracic Society/European 
          Respiratory Society (ATS/ERS) Task Force: Standardisation of 
          Spirometry. Eur Respir J, 26, 319-338.
National Toxicology Program (NTP) (2014). Report on Carcinogens, 
          Thirteenth Edition. Silica, Crystalline (respirable Size). 
          Research Triangle Park, NC: U.S. Department of Health and 
          Human Services, Public Health Service. http://
          ntp.niehs.nih.gov/ntp/roc/content/profiles/silica.pdf
Occupational Safety and Health Administration/National Institute for 
          Occupational Safety and Health (OSHA/NIOSH) (2012). Hazard 
          Alert. Worker exposure to silica during hydraulic fracturing.
Occupational Safety and Health Administration/National Institute for 
          Occupational Safety and Health (OSHA/NIOSH) (2015). Hazard 
          alert. Worker exposure to silica during countertop 
          manufacturing, finishing, and installation. (OSHA-HA-3768-
          2015).
Redlich, C.A., Tarlo, S.M., Hankinson, J.L., Townsend, M.C, 
          Eschenbacher, W.L., Von Essen, S.G., Sigsgaard, T., Weissman, 
          D.N. (2014). Official American Thoracic Society technical 
          standards: Spirometry in the occupational setting. Am J Respir 
          Crit Care Med; 189, 984-994.
Rees, D. and Murray, J. (2007). Silica, silicosis and tuberculosis. Int 
          J Tuberc Lung Dis, 11(5), 474-484.
Shtraichman, O., Blanc, P.D., Ollech, J.E., Fridel, L., Fuks, L., 
          Fireman, E., and Kramer, M.R. (2015). Outbreak of autoimmune 
          disease in silicosis linked to artificial stone. Occup Med, 
          65, 444-450.
Slater, M.L., Welland, G., Pai, M., Parsonnet, J., and Banaei, N. 
          (2013). Challenges with QuantiFERON-TB gold assay for large-
          scale, routine screening of U.S. healthcare workers. Am J 
          Respir Crit Care Med, 188,1005-1010.
Steenland, K., Mannetje, A., Boffetta, P., Stayner, L., Attfield, M., 
          Chen, J., Dosemeci, M., DeKlerk, N., Hnizdo, E., Koskela, R., 
          and Checkoway, H. (2001). International Agency for Research on 
          Cancer. Pooled exposure-response analyses and risk assessment 
          for lung cancer in 10 cohorts of silica-exposed workers: An 
          IARC multicentre study. Cancer Causes Control, 12(9): 773-84.
Steenland, K. and Ward E. (2014). Silica: A lung carcinogen. CA Cancer J 
          Clin, 64, 63-69.
Townsend, M.C. ACOEM Guidance Statement. (2011). Spirometry in the 
          occupational health setting--2011 Update. J Occup Environ Med, 
          53, 569-584.

                             7. Sample Forms

    Three sample forms are provided. The first is a sample written 
medical report for the employee. The second is a sample written medical 
opinion for the employer. And the third is a sample written 
authorization form

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that employees sign to clarify what information the employee is 
authorizing to be released to the employer.
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[81 FR 16876, Mar. 25, 2016]



               Subpart AA_Confined Spaces in Construction

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR part 
1911.

    Source: 80 FR 25518, May 4, 2015, unless otherwise noted.



Sec.  1926.1200  [Reserved]



Sec.  1926.1201  Scope.

    (a) This standard sets forth requirements for practices and 
procedures to

[[Page 661]]

protect employees engaged in construction activities at a worksite with 
one or more confined spaces, subject to the exceptions in paragraph (b) 
of this section.

    Note to paragraph (a). Examples of locations where confined spaces 
may occur include, but are not limited to, the following: Bins; boilers; 
pits (such as elevator, escalator, pump, valve or other equipment); 
manholes (such as sewer, storm drain, electrical, communication, or 
other utility); tanks (such as fuel, chemical, water, or other liquid, 
solid or gas); incinerators; scrubbers; concrete pier columns; sewers; 
transformer vaults; heating, ventilation, and air-conditioning (HVAC) 
ducts; storm drains; water mains; precast concrete and other pre-formed 
manhole units; drilled shafts; enclosed beams; vessels; digesters; lift 
stations; cesspools; silos; air receivers; sludge gates; air preheaters; 
step up transformers; turbines; chillers; bag houses; and/or mixers/
reactors.

    (b) Exceptions. This standard does not apply to:
    (1) Construction work regulated by subpart P of this part 
(Excavations).
    (2) Construction work regulated by subpart S of this part 
(Underground Construction, Caissons, Cofferdams and Compressed Air).
    (3) Construction work regulated by subpart Y of this part (Diving).
    (c) Where this standard applies and there is a provision that 
addresses a confined space hazard in another applicable OSHA standard, 
the employer must comply with both that requirement and the applicable 
provisions of this standard.



Sec.  1926.1202  Definitions.

    The following terms are defined for the purposes of this subpart 
only:
    Acceptable entry conditions means the conditions that must exist in 
a permit space, before an employee may enter that space, to ensure that 
employees can safely enter into, and safely work within, the space.
    Attendant means an individual stationed outside one or more permit 
spaces who assesses the status of authorized entrants and who must 
perform the duties specified in Sec.  1926.1209.
    Authorized entrant means an employee who is authorized by the entry 
supervisor to enter a permit space.
    Barrier means a physical obstruction that blocks or limits access.
    Blanking or blinding means the absolute closure of a pipe, line, or 
duct by the fastening of a solid plate (such as a spectacle blind or a 
skillet blind) that completely covers the bore and that is capable of 
withstanding the maximum pressure of the pipe, line, or duct with no 
leakage beyond the plate.
    Competent person means one who is capable of identifying existing 
and predictable hazards in the surroundings or working conditions which 
are unsanitary, hazardous, or dangerous to employees, and who has the 
authorization to take prompt corrective measures to eliminate them.
    Confined space means a space that:
    (1) Is large enough and so configured that an employee can bodily 
enter it;
    (2) Has limited or restricted means for entry and exit; and
    (3) Is not designed for continuous employee occupancy.
    Control means the action taken to reduce the level of any hazard 
inside a confined space using engineering methods (for example, by 
ventilation), and then using these methods to maintain the reduced 
hazard level. Control also refers to the engineering methods used for 
this purpose. Personal protective equipment is not a control.
    Controlling Contractor is the employer that has overall 
responsibility for construction at the worksite.

    Note to the definition of ``Controlling Contractor''. If the 
controlling contractor owns or manages the property, then it is both a 
controlling employer and a host employer.

    Double block and bleed means the closure of a line, duct, or pipe by 
closing and locking or tagging two in-line valves and by opening and 
locking or tagging a drain or vent valve in the line between the two 
closed valves.
    Early-warning system means the method used to alert authorized 
entrants and attendants that an engulfment hazard may be developing. 
Examples of early-warning systems include, but are not limited to: 
Alarms activated by remote sensors; and lookouts with equipment for 
immediately communicating with the authorized entrants and attendants.

[[Page 662]]

    Emergency means any occurrence (including any failure of power, 
hazard control or monitoring equipment) or event, internal or external, 
to the permit space that could endanger entrants.
    Engulfment means the surrounding and effective capture of a person 
by a liquid or finely divided (flowable) solid substance that can be 
aspirated to cause death by filling or plugging the respiratory system 
or that can exert enough force on the body to cause death by 
strangulation, constriction, crushing, or suffocation.
    Entry means the action by which any part of a person passes through 
an opening into a permit-required confined space. Entry includes ensuing 
work activities in that space and is considered to have occurred as soon 
as any part of the entrant's body breaks the plane of an opening into 
the space, whether or not such action is intentional or any work 
activities are actually performed in the space.
    Entry Employer means any employer who decides that an employee it 
directs will enter a permit space.

    Note to the definition of ``Entry Employer''. An employer cannot 
avoid the duties of the standard merely by refusing to decide whether 
its employees will enter a permit space, and OSHA will consider the 
failure to so decide to be an implicit decision to allow employees to 
enter those spaces if they are working in the proximity of the space.

    Entry permit (permit) means the written or printed document that is 
provided by the employer who designated the space a permit space to 
allow and control entry into a permit space and that contains the 
information specified in Sec.  1926.1206.
    Entry rescue occurs when a rescue service enters a permit space to 
rescue one or more employees.
    Entry supervisor means the qualified person (such as the employer, 
foreman, or crew chief) responsible for determining if acceptable entry 
conditions are present at a permit space where entry is planned, for 
authorizing entry and overseeing entry operations, and for terminating 
entry as required by this standard.

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

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

    Note to paragraph (2) of the definition of ``Hazardous atmosphere''. 
This concentration may be approximated as a condition in which the 
combustible dust obscures vision at a distance of 5 feet (1.52 meters) 
or less.

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

    Note to paragraph (4) of the definition of ``Hazardous atmosphere''. 
An atmospheric concentration of any substance that is not capable of 
causing death, incapacitation, impairment of ability to self-rescue, 
injury, or acute illness due to its health effects is not covered by 
this definition.

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

    Note to paragraph (5) of the definition of ``Hazardous atmosphere''. 
For air contaminants for which OSHA has not determined a dose or 
permissible exposure limit, other sources of information, such as Safety 
Data Sheets that comply with the Hazard Communication Standard, Sec.  
1926.59, published information, and internal documents can

[[Page 663]]

provide guidance in establishing acceptable atmospheric conditions.

    Host employer means the employer that owns or manages the property 
where the construction work is taking place.

    Note to the definition of ``Host employer''. If the owner of the 
property on which the construction activity occurs has contracted with 
an entity for the general management of that property, and has 
transferred to that entity the information specified in Sec.  
1926.1203(h)(1), OSHA will treat the contracted management entity as the 
host employer for as long as that entity manages the property. 
Otherwise, OSHA will treat the owner of the property as the host 
employer. In no case will there be more than one host employer.

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

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

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

    Note to the definition of ``Intering''. This procedure produces an 
IDLH oxygen-deficient atmosphere.

    Isolate or isolation means the process by which employees in a 
confined space are completely protected against the release of energy 
and material into the space, and contact with a physical hazard, by such 
means as: Blanking or blinding; misaligning or removing sections of 
lines, pipes, or ducts; a double block and bleed system; lockout or 
tagout of all sources of energy; blocking or disconnecting all 
mechanical linkages; or placement of barriers to eliminate the potential 
for employee contact with a physical hazard.
    Limited or restricted means for entry or exit means a condition that 
has a potential to impede an employee's movement into or out of a 
confined space. Such conditions include, but are not limited to, trip 
hazards, poor illumination, slippery floors, inclining surfaces and 
ladders.
    Line breaking means the intentional opening of a pipe, line, or duct 
that is or has been carrying flammable, corrosive, or toxic material, an 
inert gas, or any fluid at a volume, pressure, or temperature capable of 
causing injury.
    Lockout means the placement of a lockout device on an energy 
isolating device, in accordance with an established procedure, ensuring 
that the energy isolating device and the equipment being controlled 
cannot be operated until the lockout device is removed.
    Lower flammable limit or lower explosive limit means the minimum 
concentration of a substance in air needed for an ignition source to 
cause a flame or explosion.
    Monitor or monitoring means the process used to identify and 
evaluate the hazards after an authorized entrant enters the space. This 
is a process of checking for changes that is performed in a periodic or 
continuous manner after the completion of the initial testing or 
evaluation of that space.
    Non-entry rescue occurs when a rescue service, usually the 
attendant, retrieves employees in a permit space without entering the 
permit space.
    Non-permit confined space means a confined space that meets the 
definition of a confined space but does not meet the requirements for a 
permit-required confined space, as defined in this subpart.
    Oxygen deficient atmosphere means an atmosphere containing less than 
19.5 percent oxygen by volume.
    Oxygen enriched atmosphere means an atmosphere containing more than 
23.5 percent oxygen by volume.
    Permit-required confined space (permit space) means a confined space 
that has

[[Page 664]]

one or more of the following characteristics:
    (1) Contains or has a potential to contain a hazardous atmosphere;
    (2) Contains a material that has the potential for engulfing an 
entrant;
    (3) Has an internal configuration such that an entrant could be 
trapped or asphyxiated by inwardly converging walls or by a floor which 
slopes downward and tapers to a smaller cross-section; or
    (4) Contains any other recognized serious safety or health hazard.
    Permit-required confined space program (permit space program) means 
the employer's overall program for controlling, and, where appropriate, 
for protecting employees from, permit space hazards and for regulating 
employee entry into permit spaces.
    Physical hazard means an existing or potential hazard that can cause 
death or serious physical damage. Examples include, but are not limited 
to: Explosives (as defined by paragraph (n) of Sec.  1926.914, 
definition of ``explosive''); mechanical, electrical, hydraulic and 
pneumatic energy; radiation; temperature extremes; engulfment; noise; 
and inwardly converging surfaces. Physical hazard also includes 
chemicals that can cause death or serious physical damage through skin 
or eye contact (rather than through inhalation).
    Prohibited condition means any condition in a permit space that is 
not allowed by the permit during the period when entry is authorized. A 
hazardous atmosphere is a prohibited condition unless the employer can 
demonstrate that personal protective equipment (PPE) will provide 
effective protection for each employee in the permit space and provides 
the appropriate PPE to each employee.
    Qualified person means one who, by possession of a recognized 
degree, certificate, or professional standing, or who by extensive 
knowledge, training, and experience, has successfully demonstrated his 
ability to solve or resolve problems relating to the subject matter, the 
work, or the project.
    Representative permit space means a mock-up of a confined space that 
has entrance openings that are similar to, and is of similar size, 
configuration, and accessibility to, the permit space that authorized 
entrants enter.
    Rescue means retrieving, and providing medical assistance to, one or 
more employees who are in a permit space.
    Rescue service means the personnel designated to rescue employees 
from permit spaces.
    Retrieval system means the equipment (including a retrieval line, 
chest or full body harness, wristlets or anklets, if appropriate, and a 
lifting device or anchor) used for non-entry rescue of persons from 
permit spaces.
    Serious physical damage means an impairment or illness in which a 
body part is made functionally useless or is substantially reduced in 
efficiency. Such impairment or illness may be permanent or temporary and 
includes, but is not limited to, loss of consciousness, disorientation, 
or other immediate and substantial reduction in mental efficiency. 
Injuries involving such impairment would usually require treatment by a 
physician or other licensed health-care professional.
    Tagout means:
    (1) Placement of a tagout device on a circuit or equipment that has 
been deenergized, in accordance with an established procedure, to 
indicate that the circuit or equipment being controlled may not be 
operated until the tagout device is removed; and
    (2) The employer ensures that:
    (i) Tagout provides equivalent protection to lockout; or
    (ii) That lockout is infeasible and the employer has relieved, 
disconnected, restrained and otherwise rendered safe stored (residual) 
energy.
    Test or testing means the process by which the hazards that may 
confront entrants of a permit space are identified and evaluated. 
Testing includes specifying the tests that are to be performed in the 
permit space.

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

    Ventilate or ventilation means controlling a hazardous atmosphere 
using continuous forced-air mechanical systems

[[Page 665]]

that meet the requirements of Sec.  1926.57 (Ventilation).



Sec.  1926.1203  General requirements.

    (a) Before it begins work at a worksite, each employer must ensure 
that a competent person identifies all confined spaces in which one or 
more of the employees it directs may work, and identifies each space 
that is a permit space, through consideration and evaluation of the 
elements of that space, including testing as necessary.
    (b) If the workplace contains one or more permit spaces, the 
employer who identifies, or who receives notice of, a permit space must:
    (1) Inform exposed employees by posting danger signs or by any other 
equally effective means, of the existence and location of, and the 
danger posed by, each permit space; and

    Note to paragraph (b)(1). A sign reading ``DANGER--PERMIT-REQUIRED 
CONFINED SPACE, DO NOT ENTER'' or using other similar language would 
satisfy the requirement for a sign.

    (2) Inform, in a timely manner and in a manner other than posting, 
its employees' authorized representatives and the controlling contractor 
of the existence and location of, and the danger posed by, each permit 
space.
    (c) Each employer who identifies, or receives notice of, a permit 
space and has not authorized employees it directs to work in that space 
must take effective measures to prevent those employees from entering 
that permit space, in addition to complying with all other applicable 
requirements of this standard.
    (d) If any employer decides that employees it directs will enter a 
permit space, that employer must have a written permit space program 
that complies with Sec.  1926.1204 implemented at the construction site. 
The written program must be made available prior to and during entry 
operations for inspection by employees and their authorized 
representatives.
    (e) An employer may use the alternate procedures specified in 
paragraph (e)(2) of this section for entering a permit space only under 
the conditions set forth in paragraph (e)(1) of this section.
    (1) An employer whose employees enter a permit space need not comply 
with Sec. Sec.  1926.1204 through 1206 and Sec. Sec.  1926.1208 through 
1211, provided that all of the following conditions are met:
    (i) The employer can demonstrate that all physical hazards in the 
space are eliminated or isolated through engineering controls so that 
the only hazard posed by the permit space is an actual or potential 
hazardous atmosphere;
    (ii) The employer can demonstrate that continuous forced air 
ventilation alone is sufficient to maintain that permit space safe for 
entry, and that, in the event the ventilation system stops working, 
entrants can exit the space safely;
    (iii) The employer develops monitoring and inspection data that 
supports the demonstrations required by paragraphs (e)(1)(i) and (ii) of 
this section;
    (iv) If an initial entry of the permit space is necessary to obtain 
the data required by paragraph (e)(1)(iii) of this section, the entry is 
performed in compliance with Sec. Sec.  1926.1204 through 1926.1211;
    (v) The determinations and supporting data required by paragraphs 
(e)(1)(i), (ii), and (iii) of this section are documented by the 
employer and are made available to each employee who enters the permit 
space under the terms of paragraph (e) of this section or to that 
employee's authorized representative; and
    (vi) Entry into the permit space under the terms of paragraph (e)(1) 
of this section is performed in accordance with the requirements of 
paragraph (e)(2) of this section.

    Note to paragraph (e)(1). See paragraph (g) of this section for 
reclassification of a permit space after all hazards within the space 
have been eliminated.

    (2) The following requirements apply to entry into permit spaces 
that meet the conditions set forth in paragraph (e)(1) of this section:
    (i) Any conditions making it unsafe to remove an entrance cover must 
be eliminated before the cover is removed.
    (ii) When entrance covers are removed, the opening must be 
immediately guarded by a railing, temporary cover, or other temporary 
barrier that will prevent an accidental fall through the opening and 
that will protect each

[[Page 666]]

employee working in the space from foreign objects entering the space.
    (iii) Before an employee enters the space, the internal atmosphere 
must be tested, with a calibrated direct-reading instrument, for oxygen 
content, for flammable gases and vapors, and for potential toxic air 
contaminants, in that order. Any employee who enters the space, or that 
employee's authorized representative, must be provided an opportunity to 
observe the pre-entry testing required by this paragraph.
    (iv) No hazardous atmosphere is permitted within the space whenever 
any employee is inside the space.
    (v) Continuous forced air ventilation must be used, as follows:
    (A) An employee must not enter the space until the forced air 
ventilation has eliminated any hazardous atmosphere;
    (B) The forced air ventilation must be so directed as to ventilate 
the immediate areas where an employee is or will be present within the 
space and must continue until all employees have left the space;
    (C) The air supply for the forced air ventilation must be from a 
clean source and must not increase the hazards in the space.
    (vi) The atmosphere within the space must be continuously monitored 
unless the entry employer can demonstrate that equipment for continuous 
monitoring is not commercially available or periodic monitoring is 
sufficient. If continuous monitoring is used, the employer must ensure 
that the monitoring equipment has an alarm that will notify all entrants 
if a specified atmospheric threshold is achieved, or that an employee 
will check the monitor with sufficient frequency to ensure that entrants 
have adequate time to escape. If continuous monitoring is not used, 
periodic monitoring is required. All monitoring must ensure that the 
continuous forced air ventilation is preventing the accumulation of a 
hazardous atmosphere. Any employee who enters the space, or that 
employee's authorized representative, must be provided with an 
opportunity to observe the testing required by this paragraph 
(e)(2)(vi).
    (vii) If a hazard is detected during entry:
    (A) Each employee must leave the space immediately;
    (B) The space must be evaluated to determine how the hazard 
developed; and
    (C) The employer must implement measures to protect employees from 
the hazard before any subsequent entry takes place.
    (viii) The employer must ensure a safe method of entering and 
exiting the space. If a hoisting system is used, it must be designed and 
manufactured for personnel hoisting; however, a job-made hoisting system 
is permissible if it is approved for personnel hoisting by a registered 
professional engineer, in writing, prior to use.
    (ix) The employer must verify that the space is safe for entry and 
that the pre-entry measures required by paragraph (e)(2) of this section 
have been taken, through a written certification that contains the date, 
the location of the space, and the signature of the person providing the 
certification. The certification must be made before entry and must be 
made available to each employee entering the space or to that employee's 
authorized representative.
    (f) When there are changes in the use or configuration of a non-
permit confined space that might increase the hazards to entrants, or 
some indication that the initial evaluation of the space may not have 
been adequate, each entry employer must have a competent person 
reevaluate that space and, if necessary, reclassify it as a permit-
required confined space.
    (g) A space classified by an employer as a permit-required confined 
space may only be reclassified as a non-permit confined space when a 
competent person determines that all of the applicable requirements in 
paragraphs (g)(1) through (4) of this section have been met:
    (1) If the permit space poses no actual or potential atmospheric 
hazards and if all hazards within the space are eliminated or isolated 
without entry into the space (unless the employer can demonstrate that 
doing so without entry is infeasible), the permit space may be 
reclassified as a non-permit

[[Page 667]]

confined space for as long as the non-atmospheric hazards remain 
eliminated or isolated;
    (2) The entry employer must eliminate or isolate the hazards without 
entering the space, unless it can demonstrate that this is infeasible. 
If it is necessary to enter the permit space to eliminate or isolate 
hazards, such entry must be performed under Sec. Sec.  1926.1204 through 
1926.1211. If testing and inspection during that entry demonstrate that 
the hazards within the permit space have been eliminated or isolated, 
the permit space may be reclassified as a non-permit confined space for 
as long as the hazards remain eliminated or isolated;

    Note to paragraph (g)(2). Control of atmospheric hazards through 
forced air ventilation does not constitute elimination or isolation of 
the hazards. Paragraph (e) of this section covers permit space entry 
where the employer can demonstrate that forced air ventilation alone 
will control all hazards in the space.

    (3) The entry employer must document the basis for determining that 
all hazards in a permit space have been eliminated or isolated, through 
a certification that contains the date, the location of the space, and 
the signature of the person making the determination. The certification 
must be made available to each employee entering the space or to that 
employee's authorized representative; and
    (4) If hazards arise within a permit space that has been 
reclassified as a non-permit space under paragraph (g) of this section, 
each employee in the space must exit the space. The entry employer must 
then reevaluate the space and reclassify it as a permit space as 
appropriate in accordance with all other applicable provisions of this 
standard.
    (h) Permit space entry communication and coordination. (1) Before 
entry operations begin, the host employer must provide the following 
information, if it has it, to the controlling contractor:
    (i) The location of each known permit space;
    (ii) The hazards or potential hazards in each space or the reason it 
is a permit space; and
    (iii) Any precautions that the host employer or any previous 
controlling contractor or entry employer implemented for the protection 
of employees in the permit space.
    (2) Before entry operations begin, the controlling contractor must:
    (i) Obtain the host employer's information about the permit space 
hazards and previous entry operations; and
    (ii) Provide the following information to each entity entering a 
permit space and any other entity at the worksite whose activities could 
foreseeably result in a hazard in the permit space:
    (A) The information received from the host employer;
    (B) Any additional information the controlling contractor has about 
the subjects listed in paragraph (h)(1) of this section; and
    (C) The precautions that the host employer, controlling contractor, 
or other entry employers implemented for the protection of employees in 
the permit spaces.
    (3) Before entry operations begin, each entry employer must:
    (i) Obtain all of the controlling contractor's information regarding 
permit space hazards and entry operations; and
    (ii) Inform the controlling contractor of the permit space program 
that the entry employer will follow, including any hazards likely to be 
confronted or created in each permit space.
    (4) The controlling contractor and entry employer(s) must coordinate 
entry operations when:
    (i) More than one entity performs permit space entry at the same 
time; or
    (ii) Permit space entry is performed at the same time that any 
activities that could foreseeably result in a hazard in the permit space 
are performed.
    (5) After entry operations:
    (i) The controlling contractor must debrief each entity that entered 
a permit space regarding the permit space program followed and any 
hazards confronted or created in the permit space(s) during entry 
operations;
    (ii) The entry employer must inform the controlling contractor in a 
timely manner of the permit space program followed and of any hazards 
confronted or created in the permit space(s) during entry operations; 
and

[[Page 668]]

    (iii) The controlling contractor must apprise the host employer of 
the information exchanged with the entry entities pursuant to this 
subparagraph.

    Note to paragraph (h). Unless a host employer or controlling 
contractor has or will have employees in a confined space, it is not 
required to enter any confined space to collect the information 
specified in this paragraph (h).

    (i) If there is no controlling contractor present at the worksite, 
the requirements for, and role of, controlling contactors in this 
section must be fulfilled by the host employer or other employer who 
arranges to have employees of another employer perform work that 
involves permit space entry.



Sec.  1926.1204  Permit-required confined space program.

    Each entry employer must:
    (a) Implement the measures necessary to prevent unauthorized entry;
    (b) Identify and evaluate the hazards of permit spaces before 
employees enter them;
    (c) Develop and implement the means, procedures, and practices 
necessary for safe permit space entry operations, including, but not 
limited to, the following:
    (1) Specifying acceptable entry conditions;
    (2) Providing each authorized entrant or that employee's authorized 
representative with the opportunity to observe any monitoring or testing 
of permit spaces;
    (3) Isolating the permit space and physical hazard(s) within the 
space;
    (4) Purging, inerting, flushing, or ventilating the permit space as 
necessary to eliminate or control atmospheric hazards;

    Note to paragraph (c)(4). When an employer is unable to reduce the 
atmosphere below 10 percent LFL, the employer may only enter if the 
employer inerts the space so as to render the entire atmosphere in the 
space non-combustible, and the employees use PPE to address any other 
atmospheric hazards (such as oxygen deficiency), and the employer 
eliminates or isolates all physical hazards in the space.

    (5) Determining that, in the event the ventilation system stops 
working, the monitoring procedures will detect an increase in 
atmospheric hazard levels in sufficient time for the entrants to safely 
exit the permit space;
    (6) Providing pedestrian, vehicle, or other barriers as necessary to 
protect entrants from external hazards;
    (7) Verifying that conditions in the permit space are acceptable for 
entry throughout the duration of an authorized entry, and ensuring that 
employees are not allowed to enter into, or remain in, a permit space 
with a hazardous atmosphere unless the employer can demonstrate that 
personal protective equipment (PPE) will provide effective protection 
for each employee in the permit space and provides the appropriate PPE 
to each employee; and
    (8) Eliminating any conditions (for example, high pressure) that 
could make it unsafe to remove an entrance cover.
    (d) Provide the following equipment (specified in paragraphs (d)(1) 
through (9) of this section) at no cost to each employee, maintain that 
equipment properly, and ensure that each employee uses that equipment 
properly:
    (1) Testing and monitoring equipment needed to comply with paragraph 
(e) of this section;
    (2) Ventilating equipment needed to obtain acceptable entry 
conditions;
    (3) Communications equipment necessary for compliance with 
Sec. Sec.  1926.1208(c) and 1926.1209(e), including any necessary 
electronic communication equipment for attendants assessing entrants' 
status in multiple spaces;
    (4) Personal protective equipment insofar as feasible engineering 
and work-practice controls do not adequately protect employees;

    Note to paragraph (d)(4). The requirements of subpart E of this part 
and other PPE requirements continue to apply to the use of PPE in a 
permit space. For example, if employees use respirators, then the 
respirator requirements in Sec.  1926.103 (Respiratory protection) must 
be met.

    (5) Lighting equipment that meets the minimum illumination 
requirements in Sec.  1926.56, that is approved for the ignitable or 
combustible properties of the specific gas, vapor, dust, or fiber that 
will be present, and that is sufficient to enable employees to see well 
enough to work safely and to exit the space quickly in an emergency;

[[Page 669]]

    (6) Barriers and shields as required by paragraph (c)(4) of this 
section;
    (7) Equipment, such as ladders, needed for safe ingress and egress 
by authorized entrants;
    (8) Rescue and emergency equipment needed to comply with paragraph 
(i) of this section, except to the extent that the equipment is provided 
by rescue services; and
    (9) Any other equipment necessary for safe entry into, safe exit 
from, and rescue from, permit spaces.
    (e) Evaluate permit space conditions in accordance with the 
following paragraphs (e)(1) through (6) of this section when entry 
operations are conducted:
    (1) Test conditions in the permit space to determine if acceptable 
entry conditions exist before changes to the space's natural ventilation 
are made, and before entry is authorized to begin, except that, if an 
employer demonstrates that isolation of the space is infeasible because 
the space is large or is part of a continuous system (such as a sewer), 
the employer must:
    (i) Perform pre-entry testing to the extent feasible before entry is 
authorized; and,
    (ii) If entry is authorized, continuously monitor entry conditions 
in the areas where authorized entrants are working, except that 
employers may use periodic monitoring in accordance with paragraph 
(e)(2) of this section for monitoring an atmospheric hazard if they can 
demonstrate that equipment for continuously monitoring that hazard is 
not commercially available;
    (iii) Provide an early-warning system that continuously monitors for 
non-isolated engulfment hazards. The system must alert authorized 
entrants and attendants in sufficient time for the authorized entrants 
to safely exit the space.
    (2) Continuously monitor atmospheric hazards unless the employer can 
demonstrate that the equipment for continuously monitoring a hazard is 
not commercially available or that periodic monitoring is of sufficient 
frequency to ensure that the atmospheric hazard is being controlled at 
safe levels. If continuous monitoring is not used, periodic monitoring 
is required with sufficient frequency to ensure that acceptable entry 
conditions are being maintained during the course of entry operations;
    (3) When testing for atmospheric hazards, test first for oxygen, 
then for combustible gases and vapors, and then for toxic gases and 
vapors;
    (4) Provide each authorized entrant or that employee's authorized 
representative an opportunity to observe the pre-entry and any 
subsequent testing or monitoring of permit spaces;
    (5) Reevaluate the permit space in the presence of any authorized 
entrant or that employee's authorized representative who requests that 
the employer conduct such reevaluation because there is some indication 
that the evaluation of that space may not have been adequate; and
    (6) Immediately provide each authorized entrant or that employee's 
authorized representative with the results of any testing conducted in 
accordance with this section.
    (f) Provide at least one attendant outside the permit space into 
which entry is authorized for the duration of entry operations:
    (1) Attendants may be assigned to more than one permit space 
provided the duties described in Sec.  1926.1209 can be effectively 
performed for each permit space.
    (2) Attendants may be stationed at any location outside the permit 
space as long as the duties described in Sec.  1926.1209 can be 
effectively performed for each permit space to which the attendant is 
assigned.
    (g) If multiple spaces are to be assigned to a single attendant, 
include in the permit program the means and procedures to enable the 
attendant to respond to an emergency affecting one or more of those 
permit spaces without distraction from the attendant's responsibilities 
under Sec.  1926.1209;
    (h) Designate each person who is to have an active role (as, for 
example, authorized entrants, attendants, entry supervisors, or persons 
who test or monitor the atmosphere in a permit space) in entry 
operations, identify the duties of each such employee, and provide each 
such employee with the training required by Sec.  1926.1207;
    (i) Develop and implement procedures for summoning rescue and 
emergency services (including procedures

[[Page 670]]

for summoning emergency assistance in the event of a failed non-entry 
rescue), for rescuing entrants from permit spaces, for providing 
necessary emergency services to rescued employees, and for preventing 
unauthorized personnel from attempting a rescue;
    (j) Develop and implement a system for the preparation, issuance, 
use, and cancellation of entry permits as required by this standard, 
including the safe termination of entry operations under both planned 
and emergency conditions;
    (k) Develop and implement procedures to coordinate entry operations, 
in consultation with the controlling contractor, when employees of more 
than one employer are working simultaneously in a permit space or 
elsewhere on the worksite where their activities could, either alone or 
in conjunction with the activities within a permit space, foreseeably 
result in a hazard within the confined space, so that employees of one 
employer do not endanger the employees of any other employer;
    (l) Develop and implement procedures (such as closing off a permit 
space and canceling the permit) necessary for concluding the entry after 
entry operations have been completed;
    (m) Review entry operations when the measures taken under the permit 
space program may not protect employees and revise the program to 
correct deficiencies found to exist before subsequent entries are 
authorized; and

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

    (n) Review the permit space program, using the canceled permits 
retained under Sec.  1926.1205(f), within 1 year after each entry and 
revise the program as necessary to ensure that employees participating 
in entry operations are protected from permit space hazards.

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



Sec.  1926.1205  Permitting process.

    (a) Before entry is authorized, each entry employer must document 
the completion of measures required by Sec.  1926.1204(c) by preparing 
an entry permit.
    (b) Before entry begins, the entry supervisor identified on the 
permit must sign the entry permit to authorize entry.
    (c) The completed permit must be made available at the time of entry 
to all authorized entrants or their authorized representatives, by 
posting it at the entry portal or by any other equally effective means, 
so that the entrants can confirm that pre-entry preparations have been 
completed.
    (d) The duration of the permit may not exceed the time required to 
complete the assigned task or job identified on the permit in accordance 
with Sec.  1926.1206(b).
    (e) The entry supervisor must terminate entry and take the following 
action when any of the following apply:
    (1) Cancel the entry permit when the entry operations covered by the 
entry permit have been completed; or
    (2) Suspend or cancel the entry permit and fully reassess the space 
before allowing reentry when a condition that is not allowed under the 
entry permit arises in or near the permit space and that condition is 
temporary in nature and does not change the configuration of the space 
or create any new hazards within it; and
    (3) Cancel the entry permit when a condition that is not allowed 
under the entry permit arises in or near the permit space and that 
condition is not covered by paragraph (e)(2) of this section.
    (f) The entry employer must retain each canceled entry permit for at 
least 1 year to facilitate the review of the permit-required confined 
space program required by Sec.  1926.1204(n). Any problems encountered 
during an entry operation must be noted on the pertinent permit so that 
appropriate revisions to the permit space program can be made.

[[Page 671]]



Sec.  1926.1206  Entry permit.

    The entry permit that documents compliance with this section and 
authorizes entry to a permit space must identify:
    (a) The permit space to be entered;
    (b) The purpose of the entry;
    (c) The date and the authorized duration of the entry permit;
    (d) The authorized entrants within the permit space, by name or by 
such other means (for example, through the use of rosters or tracking 
systems) as will enable the attendant to determine quickly and 
accurately, for the duration of the permit, which authorized entrants 
are inside the permit space;

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

    (e) Means of detecting an increase in atmospheric hazard levels in 
the event the ventilation system stops working;
    (f) Each person, by name, currently serving as an attendant;
    (g) The individual, by name, currently serving as entry supervisor, 
and the signature or initials of each entry supervisor who authorizes 
entry;
    (h) The hazards of the permit space to be entered;
    (i) The measures used to isolate the permit space and to eliminate 
or control permit space hazards before entry;

    Note to paragraph (i). Those measures can include, but are not 
limited to, the lockout or tagging of equipment and procedures for 
purging, inerting, ventilating, and flushing permit spaces.

    (j) The acceptable entry conditions;
    (k) The results of tests and monitoring performed under Sec.  
1926.1204(e), accompanied by the names or initials of the testers and by 
an indication of when the tests were performed;
    (l) The rescue and emergency services that can be summoned and the 
means (such as the equipment to use and the numbers to call) for 
summoning those services;
    (m) The communication procedures used by authorized entrants and 
attendants to maintain contact during the entry;
    (n) Equipment, such as personal protective equipment, testing 
equipment, communications equipment, alarm systems, and rescue 
equipment, to be provided for compliance with this standard;
    (o) Any other information necessary, given the circumstances of the 
particular confined space, to ensure employee safety; and
    (p) Any additional permits, such as for hot work, that have been 
issued to authorize work in the permit space.



Sec.  1926.1207  Training.

    (a) The employer must provide training to each employee whose work 
is regulated by this standard, at no cost to the employee, and ensure 
that the employee possesses the understanding, knowledge, and skills 
necessary for the safe performance of the duties assigned under this 
standard. This training must result in an understanding of the hazards 
in the permit space and the methods used to isolate, control or in other 
ways protect employees from these hazards, and for those employees not 
authorized to perform entry rescues, in the dangers of attempting such 
rescues.
    (b) Training required by this section must be provided to each 
affected employee:
    (1) In both a language and vocabulary that the employee can 
understand;
    (2) Before the employee is first assigned duties under this 
standard;
    (3) Before there is a change in assigned duties;
    (4) Whenever there is a change in permit space entry operations that 
presents a hazard about which an employee has not previously been 
trained; and
    (5) Whenever there is any evidence of a deviation from the permit 
space entry procedures required by Sec.  1926.1204(c) or there are 
inadequacies in the employee's knowledge or use of these procedures.
    (c) The training must establish employee proficiency in the duties 
required by this standard and must introduce new or revised procedures, 
as necessary, for compliance with this standard.
    (d) The employer must maintain training records to show that the

[[Page 672]]

training required by paragraphs (a) through (c) of this section has been 
accomplished. The training records must contain each employee's name, 
the name of the trainers, and the dates of training. The documentation 
must be available for inspection by employees and their authorized 
representatives, for the period of time the employee is employed by that 
employer.



Sec.  1926.1208  Duties of authorized entrants.

    The entry employer must ensure that all authorized entrants:
    (a) Are familiar with and understand the hazards that may be faced 
during entry, including information on the mode, signs or symptoms, and 
consequences of the exposure;
    (b) Properly use equipment as required by Sec.  1926.1204(d);
    (c) Communicate with the attendant as necessary to enable the 
attendant to assess entrant status and to enable the attendant to alert 
entrants of the need to evacuate the space as required by Sec.  
1926.1209(f);
    (d) Alert the attendant whenever:
    (1) There is any warning sign or symptom of exposure to a dangerous 
situation; or
    (2) The entrant detects a prohibited condition; and
    (e) Exit from the permit space as quickly as possible whenever:
    (1) An order to evacuate is given by the attendant or the entry 
supervisor;
    (2) There is any warning sign or symptom of exposure to a dangerous 
situation;
    (3) The entrant detects a prohibited condition; or
    (4) An evacuation alarm is activated.



Sec.  1926.1209  Duties of attendants.

    The entry employer must ensure that each attendant:
    (a) Is familiar with and understands the hazards that may be faced 
during entry, including information on the mode, signs or symptoms, and 
consequences of the exposure;
    (b) Is aware of possible behavioral effects of hazard exposure in 
authorized entrants;
    (c) Continuously maintains an accurate count of authorized entrants 
in the permit space and ensures that the means used to identify 
authorized entrants under Sec.  1926.1206(d) accurately identifies who 
is in the permit space;
    (d) Remains outside the permit space during entry operations until 
relieved by another attendant;

    Note to paragraph (d). Once an attendant has been relieved by 
another attendant, the relieved attendant may enter a permit space to 
attempt a rescue when the employer's permit space program allows 
attendant entry for rescue and the attendant has been trained and 
equipped for rescue operations as required by Sec.  1926.1211(a).

    (e) Communicates with authorized entrants as necessary to assess 
entrant status and to alert entrants of the need to evacuate the space 
under Sec.  1926.1208(e);
    (f) Assesses activities and conditions inside and outside the space 
to determine if it is safe for entrants to remain in the space and 
orders the authorized entrants to evacuate the permit space immediately 
under any of the following conditions:
    (1) If there is a prohibited condition;
    (2) If the behavioral effects of hazard exposure are apparent in an 
authorized entrant;
    (3) If there is a situation outside the space that could endanger 
the authorized entrants; or
    (4) If the attendant cannot effectively and safely perform all the 
duties required under this section;
    (g) Summons rescue and other emergency services as soon as the 
attendant determines that authorized entrants may need assistance to 
escape from permit space hazards;
    (h) Takes the following actions when unauthorized persons approach 
or enter a permit space while entry is underway:
    (1) Warns the unauthorized persons that they must stay away from the 
permit space;
    (2) Advises the unauthorized persons that they must exit immediately 
if they have entered the permit space; and
    (3) Informs the authorized entrants and the entry supervisor if 
unauthorized persons have entered the permit space;
    (i) Performs non-entry rescues as specified by the employer's rescue 
procedure; and

[[Page 673]]

    (j) Performs no duties that might interfere with the attendant's 
primary duty to assess and protect the authorized entrants.



Sec.  1926.1210  Duties of entry supervisors.

    The entry employer must ensure that each entry supervisor:
    (a) Is familiar with and understands the hazards that may be faced 
during entry, including information on the mode, signs or symptoms, and 
consequences of the exposure;
    (b) Verifies, by checking that the appropriate entries have been 
made on the permit, that all tests specified by the permit have been 
conducted and that all procedures and equipment specified by the permit 
are in place before endorsing the permit and allowing entry to begin;
    (c) Terminates the entry and cancels or suspends the permit as 
required by Sec.  1926.1205(e);
    (d) Verifies that rescue services are available and that the means 
for summoning them are operable, and that the employer will be notified 
as soon as the services become unavailable;
    (e) Removes unauthorized individuals who enter or who attempt to 
enter the permit space during entry operations; and
    (f) Determines, whenever responsibility for a permit space entry 
operation is transferred, and at intervals dictated by the hazards and 
operations performed within the space, that entry operations remain 
consistent with terms of the entry permit and that acceptable entry 
conditions are maintained.



Sec.  1926.1211  Rescue and emergency services.

    (a) An employer who designates rescue and emergency services, 
pursuant to Sec.  1926.1204(i), must:
    (1) Evaluate a prospective rescuer's ability to respond to a rescue 
summons in a timely manner, considering the hazard(s) identified;

    Note to paragraph (a)(1). What will be considered timely will vary 
according to the specific hazards involved in each entry. For example, 
Sec.  1926.103 (Respiratory protection) requires that employers provide 
a standby person or persons capable of immediate action to rescue 
employee(s) wearing respiratory protection while in work areas defined 
as IDLH atmospheres.

    (2) Evaluate a prospective rescue service's ability, in terms of 
proficiency with rescue-related tasks and equipment, to function 
appropriately while rescuing entrants from the particular permit space 
or types of permit spaces identified;
    (3) Select a rescue team or service from those evaluated that:
    (i) Has the capability to reach the victim(s) within a time frame 
that is appropriate for the permit space hazard(s) identified;
    (ii) Is equipped for, and proficient in, performing the needed 
rescue services;
    (iii) Agrees to notify the employer immediately in the event that 
the rescue service becomes unavailable;
    (4) Inform each rescue team or service of the hazards they may 
confront when called on to perform rescue at the site; and
    (5) Provide the rescue team or service selected with access to all 
permit spaces from which rescue may be necessary so that the rescue team 
or service can develop appropriate rescue plans and practice rescue 
operations.
    (b) An employer whose employees have been designated to provide 
permit space rescue and/or emergency services must take the following 
measures and provide all equipment and training at no cost to those 
employees:
    (1) Provide each affected employee with the personal protective 
equipment (PPE) needed to conduct permit space rescues safely and train 
each affected employee so the employee is proficient in the use of that 
PPE;
    (2) Train each affected employee to perform assigned rescue duties. 
The employer must ensure that such employees successfully complete the 
training required and establish proficiency as authorized entrants, as 
provided by Sec. Sec.  1926.1207 and 1926.1208;
    (3) Train each affected employee in basic first aid and 
cardiopulmonary resuscitation (CPR). The employer must ensure that at 
least one member of the rescue team or service holding a current 
certification in basic first aid and CPR is available; and
    (4) Ensure that affected employees practice making permit space 
rescues

[[Page 674]]

before attempting an actual rescue, and at least once every 12 months, 
by means of simulated rescue operations in which they remove dummies, 
manikins, or actual persons from the actual permit spaces or from 
representative permit spaces, except practice rescue is not required 
where the affected employees properly performed a rescue operation 
during the last 12 months in the same permit space the authorized 
entrant will enter, or in a similar permit space. Representative permit 
spaces must, with respect to opening size, configuration, and 
accessibility, simulate the types of permit spaces from which rescue is 
to be performed.
    (c) Non-entry rescue is required unless the retrieval equipment 
would increase the overall risk of entry or would not contribute to the 
rescue of the entrant. The employer must designate an entry rescue 
service whenever non-entry rescue is not selected. Whenever non-entry 
rescue is selected, the entry employer must ensure that retrieval 
systems or methods are used whenever an authorized entrant enters a 
permit space, and must confirm, prior to entry, that emergency 
assistance would be available in the event that non-entry rescue fails. 
Retrieval systems must meet the following requirements:
    (1) Each authorized entrant must use a chest or full body harness, 
with a retrieval line attached at the center of the entrant's back near 
shoulder level, above the entrant's head, or at another point which the 
employer can establish presents a profile small enough for the 
successful removal of the entrant. Wristlets or anklets may be used in 
lieu of the chest or full body harness if the employer can demonstrate 
that the use of a chest or full body harness is infeasible or creates a 
greater hazard and that the use of wristlets or anklets is the safest 
and most effective alternative.
    (2) The other end of the retrieval line must be attached to a 
mechanical device or fixed point outside the permit space in such a 
manner that rescue can begin as soon as the rescuer becomes aware that 
rescue is necessary. A mechanical device must be available to retrieve 
personnel from vertical type permit spaces more than 5 feet (1.52 
meters) deep.
    (3) Equipment that is unsuitable for retrieval must not be used, 
including, but not limited to, retrieval lines that have a reasonable 
probability of becoming entangled with the retrieval lines used by other 
authorized entrants, or retrieval lines that will not work due to the 
internal configuration of the permit space.
    (d) If an injured entrant is exposed to a substance for which a 
Safety Data Sheet (SDS) or other similar written information is required 
to be kept at the worksite, that SDS or written information must be made 
available to the medical facility treating the exposed entrant.



Sec.  1926.1212  Employee participation.

    (a) Employers must consult with affected employees and their 
authorized representatives on the development and implementation of all 
aspects of the permit space program required by Sec.  1926.1203.
    (b) Employers must make available to each affected employee and his/
her authorized representatives all information required to be developed 
by this standard.



Sec.  1926.1213  Provision of documents to Secretary.

    For each document required to be retained in this standard, the 
retaining employer must make the document available on request to the 
Secretary of Labor or the Secretary's designee.

Subpart BB [Reserved]



             Subpart CC_Cranes and Derricks in Construction

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 5-2007 (72 FR 31159) or 1-2012 (77 FR 
3912), as applicable; and 29 CFR Part 1911.

    Source: 75 FR 48135, Aug. 9, 2010, unless otherwise noted.



Sec.  1926.1400  Scope.

    (a) This standard applies to power-operated equipment, when used in 
construction, that can hoist, lower and horizontally move a suspended 
load.

[[Page 675]]

Such equipment includes, but is not limited to: Articulating cranes 
(such as knuckle-boom cranes); crawler cranes; floating cranes; cranes 
on barges; locomotive cranes; mobile cranes (such as wheel-mounted, 
rough-terrain, all-terrain, commercial truck-mounted, and boom truck 
cranes); multi-purpose machines when configured to hoist and lower (by 
means of a winch or hook) and horizontally move a suspended load; 
industrial cranes (such as carry-deck cranes); dedicated pile drivers; 
service/mechanic trucks with a hoisting device; a crane on a monorail; 
tower cranes (such as a fixed jib, i.e., ``hammerhead boom''), luffing 
boom and self-erecting); pedestal cranes; portal cranes; overhead and 
gantry cranes; straddle cranes; sideboom cranes; derricks; and 
variations of such equipment. However, items listed in paragraph (c) of 
this section are excluded from the scope of this standard.
    (b) Attachments. This standard applies to equipment included in 
paragraph (a) of this section when used with attachments. Such 
attachments, whether crane-attached or suspended include, but are not 
limited to: Hooks, magnets, grapples, clamshell buckets, orange peel 
buckets, concrete buckets, drag lines, personnel platforms, augers or 
drills and pile driving equipment.
    (c) Exclusions. This subpart does not cover:
    (1) Machinery included in paragraph (a) of this section while it has 
been converted or adapted for a non-hoisting/lifting use. Such 
conversions/adaptations include, but are not limited to, power shovels, 
excavators and concrete pumps.
    (2) Power shovels, excavators, wheel loaders, backhoes, loader 
backhoes, track loaders. This machinery is also excluded when used with 
chains, slings or other rigging to lift suspended loads.
    (3) Automotive wreckers and tow trucks when used to clear wrecks and 
haul vehicles.
    (4) Digger derricks when used for augering holes for poles carrying 
electric or telecommunication lines, placing and removing the poles, and 
for handling associated materials for installation on, or removal from, 
the poles, or when used for any other work subject to subpart V of this 
part. To be eligible for this exclusion, digger-derrick use in work 
subject to subpart V of this part must comply with all of the provisions 
of that subpart, and digger-derrick use in construction work for 
telecommunication service (as defined at Sec.  1910.268(s)(40)) must 
comply with all of the provisions of Sec.  1910.268.
    (5) Machinery originally designed as vehicle-mounted aerial devices 
(for lifting personnel) and self-propelled elevating work platforms.
    (6) Telescopic/hydraulic gantry systems.
    (7) Stacker cranes.
    (8) Powered industrial trucks (forklifts), except when configured to 
hoist and lower (by means of a winch or hook) and horizontally move a 
suspended load.
    (9) Mechanic's truck with a hoisting device when used in activities 
related to equipment maintenance and repair.
    (10) Machinery that hoists by using a come-a-long or chainfall.
    (11) Dedicated drilling rigs.
    (12) Gin poles when used for the erection of communication towers.
    (13) Tree trimming and tree removal work.
    (14) Anchor handling or dredge-related operations with a vessel or 
barge using an affixed A-frame.
    (15) Roustabouts.
    (16) Helicopter cranes.
    (17) Material delivery. (i) Articulating/knuckle-boom truck cranes 
that deliver material to a construction site when used to transfer 
materials from the truck crane to the ground, without arranging the 
materials in a particular sequence for hoisting.
    (ii) Articulating/knuckle-boom truck cranes that deliver material to 
a construction site when the crane is used to transfer building supply 
sheet goods or building supply packaged materials from the truck crane 
onto a structure, using a fork/cradle at the end of the boom, but only 
when the truck crane is equipped with a properly functioning automatic 
overload prevention device. Such sheet goods or packaged materials 
include, but are not limited to: Sheets of sheet rock, sheets of 
plywood, bags of cement, sheets or packages of roofing shingles, and 
rolls of roofing felt.

[[Page 676]]

    (iii) This exclusion does not apply when:
    (A) The articulating/knuckle-boom crane is used to hold, support or 
stabilize the material to facilitate a construction activity, such as 
holding material in place while it is attached to the structure;
    (B) The material being handled by the articulating/knuckle-boom 
crane is a prefabricated component. Such prefabricated components 
include, but are not limited to: Precast concrete members or panels, 
roof trusses (wooden, cold-formed metal, steel, or other material), 
prefabricated building sections such as, but not limited to: Floor 
panels, wall panels, roof panels, roof structures, or similar items;
    (C) The material being handled by the crane is a structural steel 
member (for example, steel joists, beams, columns, steel decking 
(bundled or unbundled) or a component of a systems-engineered metal 
building (as defined in 29 CFR 1926 subpart R).
    (D) The activity is not specifically excluded under Sec.  
1400(c)(17)(i) and (ii).
    (18) Flash-butt welding trucks. Flash-butt welding trucks or other 
roadway maintenance machines not equipped with any hoisting device other 
than that used to suspend and move a welding device or workhead 
assembly. For purposes of this paragraph (c)(18), the terms flash-butt 
welding truck and roadway maintenance machine refer to railroad 
equipment that meets the definition of ``roadway maintenance machine'' 
in 49 CFR 214.7 and is used only for railroad track work.
    (d) All sections of this subpart CC apply to the equipment covered 
by this standard unless specified otherwise.
    (e) The duties of controlling entities under this subpart include, 
but are not limited to, the duties specified in Sec. Sec.  1926.1402(c), 
1926.1402(e) and 1926.1424(b).
    (f) Where provisions of this standard direct an operator, 
crewmember, or other employee to take certain actions, the employer must 
establish, effectively communicate to the relevant persons, and enforce, 
work rules to ensure compliance with such provisions.
    (g) For work covered by subpart V of this part, compliance with 
Sec.  1926.959 is deemed compliance with Sec. Sec.  1926.1407 through 
1926.1411.
    (h) Section 1926.1402 does not apply to cranes designed for use on 
railroad tracks, when used on railroad tracks that are part of the 
general railroad system of transportation that is regulated pursuant to 
the Federal Railroad Administration under 49 CFR part 213, and that 
comply with applicable Federal Railroad Administration requirements. See 
Sec.  1926.1402(f).

[75 FR 48135, Aug. 9, 2010, as amended at 78 FR 32116, May 29, 2013; 79 
FR 20743, Apr. 11, 2014; 85 FR 57122, Sept. 15, 2020]



Sec.  1926.1401  Definitions.

    A/D director (Assembly/Disassembly director) means an individual who 
meets this subpart's requirements for an A/D director, irrespective of 
the person's formal job title or whether the person is non-management or 
management personnel.
    Articulating crane means a crane whose boom consists of a series of 
folding, pin connected structural members, typically manipulated to 
extend or retract by power from hydraulic cylinders.
    Assembly/Disassembly means the assembly and/or disassembly of 
equipment covered under this standard. With regard to tower cranes, 
``erecting and climbing'' replaces the term ``assembly,'' and 
``dismantling'' replaces the term ``disassembly.'' Regardless of whether 
the crane is initially erected to its full height or is climbed in 
stages, the process of increasing the height of the crane is an erection 
process.
    Assist crane means a crane used to assist in assembling or 
disassembling a crane.
    Attachments means any device that expands the range of tasks that 
can be done by the equipment. Examples include, but are not limited to: 
An auger, drill, magnet, pile-driver, and boom-attached personnel 
platform.
    Audible signal means a signal made by a distinct sound or series of 
sounds. Examples include, but are not limited to, sounds made by a bell, 
horn, or whistle.
    Blocking (also referred to as ``cribbing'') is wood or other 
material used to support equipment or a component and distribute loads 
to the ground. It is

[[Page 677]]

typically used to support lattice boom sections during assembly/
disassembly and under outrigger and stabilizer floats.
    Boatswain's chair means a single-point adjustable suspension 
scaffold consisting of a seat or sling (which may be incorporated into a 
full body harness) designed to support one employee in a sitting 
position.
    Bogie means ``travel bogie,'' which is defined below.
    Boom (equipment other than tower crane) means an inclined spar, 
strut, or other long structural member which supports the upper hoisting 
tackle on a crane or derrick. Typically, the length and vertical angle 
of the boom can be varied to achieve increased height or height and 
reach when lifting loads. Booms can usually be grouped into general 
categories of hydraulically extendible, cantilevered type, latticed 
section, cable supported type or articulating type.
    Boom (tower cranes): On tower cranes, if the ``boom'' (i.e., 
principal horizontal structure) is fixed, it is referred to as a jib; if 
it is moveable up and down, it is referred to as a boom.
    Boom angle indicator means a device which measures the angle of the 
boom relative to horizontal.
    Boom hoist limiting device includes boom hoist disengaging device, 
boom hoist shut-off, boom hoist disconnect, boom hoist hydraulic relief, 
boom hoist kick-outs, automatic boom stop device, or derricking limiter. 
This type of device disengages boom hoist power when the boom reaches a 
predetermined operating angle. It also sets brakes or closes valves to 
prevent the boom from lowering after power is disengaged.
    Boom length indicator indicates the length of the permanent part of 
the boom (such as ruled markings on the boom) or, as in some 
computerized systems, the length of the boom with extensions/
attachments.
    Boom stop includes boom stops, (belly straps with struts/standoff), 
telescoping boom stops, attachment boom stops, and backstops. These 
devices restrict the boom from moving above a certain maximum angle and 
toppling over backward.
    Boom suspension system means a system of pendants, running ropes, 
sheaves, and other hardware which supports the boom tip and controls the 
boom angle.
    Builder means the builder/constructor of equipment.
    Center of gravity: The center of gravity of any object is the point 
in the object around which its weight is evenly distributed. If you 
could put a support under that point, you could balance the object on 
the support.
    Certified welder means a welder who meets nationally recognized 
certification requirements applicable to the task being performed.
    Climbing means the process in which a tower crane is raised to a new 
working height, either by adding additional tower sections to the top of 
the crane (top climbing), or by a system in which the entire crane is 
raised inside the structure (inside climbing).
    Come-a-long means a mechanical device typically consisting of a 
chain or cable attached at each end that is used to facilitate movement 
of materials through leverage.
    Competent person means one who is capable of identifying existing 
and predictable hazards in the surroundings or working conditions which 
are unsanitary, hazardous, or dangerous to employees, and who has 
authorization to take prompt corrective measures to eliminate them.
    Controlled load lowering means lowering a load by means of a 
mechanical hoist drum device that allows a hoisted load to be lowered 
with maximum control using the gear train or hydraulic components of the 
hoist mechanism. Controlled load lowering requires the use of the hoist 
drive motor, rather than the load hoist brake, to lower the load.
    Controlling entity means an employer that is a prime contractor, 
general contractor, construction manager or any other legal entity which 
has the overall responsibility for the construction of the project--its 
planning, quality and completion.
    Counterweight means a weight used to supplement the weight of 
equipment in providing stability for lifting loads by counterbalancing 
those loads.
    Crane/derrick includes all equipment covered by this subpart.

[[Page 678]]

    Crawler crane means equipment that has a type of base mounting which 
incorporates a continuous belt of sprocket driven track.
    Crossover points means locations on a wire rope which is spooled on 
a drum where one layer of rope climbs up on and crosses over the 
previous layer. This takes place at each flange of the drum as the rope 
is spooled onto the drum, reaches the flange, and begins to wrap back in 
the opposite direction.
    Dedicated channel means a line of communication assigned by the 
employer who controls the communication system to only one signal person 
and crane/derrick or to a coordinated group of cranes/derricks/signal 
person(s).
    Dedicated pile-driver is a machine that is designed to function 
exclusively as a pile-driver. These machines typically have the ability 
to both hoist the material that will be pile-driven and to pile-drive 
that material.
    Dedicated spotter (power lines): To be considered a dedicated 
spotter, the requirements of Sec.  1926.1428 (Signal person 
qualifications) must be met and his/her sole responsibility is to watch 
the separation between the power line and the equipment, load line and 
load (including rigging and lifting accessories), and ensure through 
communication with the operator that the applicable minimum approach 
distance is not breached.
    Directly under the load means a part or all of an employee is 
directly beneath the load.
    Dismantling includes partial dismantling (such as dismantling to 
shorten a boom or substitute a different component).
    Drum rotation indicator means a device on a crane or hoist which 
indicates in which direction and at what relative speed a particular 
hoist drum is turning.
    Electrical contact occurs when a person, object, or equipment makes 
contact or comes in close proximity with an energized conductor or 
equipment that allows the passage of current.
    Employer-made equipment means floating cranes/derricks designed and 
built by an employer for the employer's own use.
    Encroachment is where any part of the crane, load line or load 
(including rigging and lifting accessories) breaches a minimum clearance 
distance that this subpart requires to be maintained from a power line.
    Equipment means equipment covered by this subpart.
    Equipment criteria means instructions, recommendations, limitations 
and specifications.
    Fall protection equipment means guardrail systems, safety net 
systems, personal fall arrest systems, positioning device systems or 
fall restraint systems.
    Fall restraint system means a fall protection system that prevents 
the user from falling any distance. The system is comprised of either a 
body belt or body harness, along with an anchorage, connectors and other 
necessary equipment. The other components typically include a lanyard, 
and may also include a lifeline and other devices.
    Fall zone means the area (including but not limited to the area 
directly beneath the load) in which it is reasonably foreseeable that 
partially or completely suspended materials could fall in the event of 
an accident.
    Flange points are points of contact between rope and drum flange 
where the rope changes layers.
    Floating cranes/derricks means equipment designed by the 
manufacturer (or employer) for marine use by permanent attachment to a 
barge, pontoons, vessel or other means of flotation.
    For example means ``one example, although there are others.''
    Free fall (of the load line) means that only the brake is used to 
regulate the descent of the load line (the drive mechanism is not used 
to drive the load down faster or retard its lowering).
    Free surface effect is the uncontrolled transverse movement of 
liquids in compartments which reduce a vessel's transverse stability.
    Hoist means a mechanical device for lifting and lowering loads by 
winding a line onto or off a drum.
    Hoisting is the act of raising, lowering or otherwise moving a load 
in the air with equipment covered by this standard. As used in this 
standard,

[[Page 679]]

``hoisting'' can be done by means other than wire rope/hoist drum 
equipment.
    Include/including means ``including, but not limited to.''
    Insulating link/device means an insulating device listed, labeled, 
or accepted by a Nationally Recognized Testing Laboratory in accordance 
with 29 CFR 1910.7.
    Jib stop (also referred to as a jib backstop), is the same type of 
device as a boom stop but is for a fixed or luffing jib.
    Land crane/derrick is equipment not originally designed by the 
manufacturer for marine use by permanent attachment to barges, pontoons, 
vessels, or other means of floatation.
    List means the angle of inclination about the longitudinal axis of a 
barge, pontoons, vessel or other means of floatation.
    Load refers to the object(s) being hoisted and/or the weight of the 
object(s); both uses refer to the object(s) and the load-attaching 
equipment, such as, the load block, ropes, slings, shackles, and any 
other ancillary attachment.
    Load moment (or rated capacity) indicator means a system which aids 
the equipment operator by sensing (directly or indirectly) the 
overturning moment on the equipment, i.e., load multiplied by radius. It 
compares this lifting condition to the equipment's rated capacity, and 
indicates to the operator the percentage of capacity at which the 
equipment is working. Lights, bells, or buzzers may be incorporated as a 
warning of an approaching overload condition.
    Load moment (or rated capacity) limiter means a system which aids 
the equipment operator by sensing (directly or indirectly) the 
overturning moment on the equipment, i.e., load multiplied by radius. It 
compares this lifting condition to the equipment's rated capacity, and 
when the rated capacity is reached, it shuts off power to those 
equipment functions which can increase the severity of loading on the 
equipment, e.g., hoisting, telescoping out, or luffing out. Typically, 
those functions which decrease the severity of loading on the equipment 
remain operational, e.g., lowering, telescoping in, or luffing in.
    Locomotive crane means a crane mounted on a base or car equipped for 
travel on a railroad track.
    Luffing jib limiting device is similar to a boom hoist limiting 
device, except that it limits the movement of the luffing jib.
    Marine hoisted personnel transfer device means a device, such as a 
``transfer net,'' that is designed to protect the employees being 
hoisted during a marine transfer and to facilitate rapid entry into and 
exit from the device. Such devices do not include boatswain's chairs 
when hoisted by equipment covered by this standard.
    Marine worksite means a construction worksite located in, on or 
above the water.
    Mobile crane means a lifting device incorporating a cable suspended 
latticed boom or hydraulic telescopic boom designed to be moved between 
operating locations by transport over the road.
    Moving point-to-point means the times during which an employee is in 
the process of going to or from a work station.
    Multi-purpose machine means a machine that is designed to be 
configured in various ways, at least one of which allows it to hoist (by 
means of a winch or hook) and horizontally move a suspended load. For 
example, a machine that can rotate and can be configured with removable 
forks/tongs (for use as a forklift) or with a winch pack, jib (with a 
hook at the end) or jib used in conjunction with a winch. When 
configured with the forks/tongs, it is not covered by this subpart. When 
configured with a winch pack, jib (with a hook at the end) or jib used 
in conjunction with a winch, it is covered by this subpart.
    Nationally recognized accrediting agency is an organization that, 
due to its independence and expertise, is widely recognized as competent 
to accredit testing organizations. Examples of such accrediting agencies 
include, but are not limited to, the National Commission for Certifying 
Agencies and the American National Standards Institute.
    Nonconductive means that, because of the nature and condition of the 
materials used, and the conditions of use (including environmental 
conditions

[[Page 680]]

and condition of the material), the object in question has the property 
of not becoming energized (that is, it has high dielectric properties 
offering a high resistance to the passage of current under the 
conditions of use).
    Operational aids are devices that assist the operator in the safe 
operation of the crane by providing information or automatically taking 
control of a crane function. These include, but are not limited to, the 
devices listed in Sec.  1926.1416 (``listed operational aids'').
    Operational controls means levers, switches, pedals and other 
devices for controlling equipment operation.
    Operator means a person who is operating the equipment.
    Overhead and gantry cranes includes overhead/bridge cranes, 
semigantry, cantilever gantry, wall cranes, storage bridge cranes, 
launching gantry cranes, and similar equipment, irrespective of whether 
it travels on tracks, wheels, or other means.
    Paragraph refers to a paragraph in the same section of this subpart 
that the word ``paragraph'' is used, unless otherwise specified.
    Pendants includes both wire and bar types. Wire type: A fixed length 
of wire rope with mechanical fittings at both ends for pinning segments 
of wire rope together. Bar type: Instead of wire rope, a bar is used. 
Pendants are typically used in a latticed boom crane system to easily 
change the length of the boom suspension system without completely 
changing the rope on the drum when the boom length is increased or 
decreased.
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a working level. It consists of an anchorage, 
connectors, a body harness and may include a lanyard, deceleration 
device, lifeline, or suitable combination of these.
    Portal crane is a type of crane consisting of a rotating 
upperstructure, hoist machinery, and boom mounted on top of a structural 
gantry which may be fixed in one location or have travel capability. The 
gantry legs or columns usually have portal openings in between to allow 
passage of traffic beneath the gantry.
    Power lines means electric transmission and distribution lines.
    Procedures include, but are not limited to: Instructions, diagrams, 
recommendations, warnings, specifications, protocols and limitations.
    Proximity alarm is a device that provides a warning of proximity to 
a power line and that has been listed, labeled, or accepted by a 
Nationally Recognized Testing Laboratory in accordance with 29 CFR 
1910.7.
    Qualified evaluator (not a third party) means a person employed by 
the signal person's employer who has demonstrated that he/she is 
competent in accurately assessing whether individuals meet the 
Qualification Requirements in this subpart for a signal person.
    Qualified evaluator (third party) means an entity that, due to its 
independence and expertise, has demonstrated that it is competent in 
accurately assessing whether individuals meet the Qualification 
Requirements in this subpart for a signal person.
    Qualified person means a person who, by possession of a recognized 
degree, certificate, or professional standing, or who by extensive 
knowledge, training and experience, successfully demonstrated the 
ability to solve/resolve problems relating to the subject matter, the 
work, or the project.
    Qualified rigger is a rigger who meets the criteria for a qualified 
person.
    Range control limit device is a device that can be set by an 
equipment operator to limit movement of the boom or jib tip to a plane 
or multiple planes.
    Range control warning device is a device that can be set by an 
equipment operator to warn that the boom or jib tip is at a plane or 
multiple planes.
    Rated capacity means the maximum working load permitted by the 
manufacturer under specified working conditions. Such working conditions 
typically include a specific combination of factors such as equipment 
configuration, radii, boom length, and other parameters of use.
    Rated capacity indicator: See load moment indicator.
    Rated capacity limiter: See load moment limiter.
    Repetitive pickup points refer to, when operating on a short cycle 
operation, the rope being used on a single layer

[[Page 681]]

and being spooled repetitively over a short portion of the drum.
    Running wire rope means a wire rope that moves over sheaves or 
drums.
    Runway means a firm, level surface designed, prepared and designated 
as a path of travel for the weight and configuration of the crane being 
used to lift and travel with the crane suspended platform. An existing 
surface may be used as long as it meets these criteria.
    Section means a section of this subpart, unless otherwise specified.
    Sideboom crane means a track-type or wheel-type tractor having a 
boom mounted on the side of the tractor, used for lifting, lowering or 
transporting a load suspended on the load hook. The boom or hook can be 
lifted or lowered in a vertical direction only.
    Special hazard warnings means warnings of site-specific hazards (for 
example, proximity of power lines).
    Stability (flotation device) means the tendency of a barge, 
pontoons, vessel or other means of flotation to return to an upright 
position after having been inclined by an external force.
    Standard Method means the protocol in appendix A of this subpart for 
hand signals.
    Such as means ``such as, but not limited to.''
    Superstructure: See Upperworks.
    Tagline means a rope (usually fiber) attached to a lifted load for 
purposes of controlling load spinning and pendular motions or used to 
stabilize a bucket or magnet during material handling operations.
    Tender means an individual responsible for monitoring and 
communicating with a diver.
    Tilt up or tilt down operation means raising/lowering a load from 
the horizontal to vertical or vertical to horizontal.
    Tower crane is a type of lifting structure which utilizes a vertical 
mast or tower to support a working boom (jib) in an elevated position. 
Loads are suspended from the working boom. While the working boom may be 
of the fixed type (horizontal or angled) or have luffing capability, it 
can always rotate to swing loads, either by rotating on the top of the 
tower (top slewing) or by the rotation of the tower (bottom slewing). 
The tower base may be fixed in one location or ballasted and moveable 
between locations. Mobile cranes that are configured with luffing jib 
and/or tower attachments are not considered tower cranes under this 
section.
    Travel bogie (tower cranes) is an assembly of two or more axles 
arranged to permit vertical wheel displacement and equalize the loading 
on the wheels.
    Trim means angle of inclination about the transverse axis of a 
barge, pontoons, vessel or other means of floatation.
    Two blocking means a condition in which a component that is 
uppermost on the hoist line such as the load block, hook block, overhaul 
ball, or similar component, comes in contact with the boom tip, fixed 
upper block or similar component. This binds the system and continued 
application of power can cause failure of the hoist rope or other 
component.
    Unavailable procedures means procedures that are no longer available 
from the manufacturer, or have never been available, from the 
manufacturer.
    Upperstructure: See Upperworks.
    Upperworks means the revolving frame of equipment on which the 
operating machinery (and many cases the engine) are mounted along with 
the operator's cab. The counterweight is typically supported on the rear 
of the upperstructure and the boom or other front end attachment is 
mounted on the front.
    Up to means ``up to and including.''
    Wire rope means a flexible rope constructed by laying steel wires 
into various patterns of multi-wired strands around a core system to 
produce a helically wound rope.



Sec.  1926.1402  Ground conditions.

    (a) Definitions. (1) ``Ground conditions'' means the ability of the 
ground to support the equipment (including slope, compaction, and 
firmness).
    (2) ``Supporting materials'' means blocking, mats, cribbing, marsh 
buggies (in marshes/wetlands), or similar supporting materials or 
devices.
    (b) The equipment must not be assembled or used unless ground 
conditions are firm, drained, and graded to a

[[Page 682]]

sufficient extent so that, in conjunction (if necessary) with the use of 
supporting materials, the equipment manufacturer's specifications for 
adequate support and degree of level of the equipment are met. The 
requirement for the ground to be drained does not apply to marshes/
wetlands.
    (c) The controlling entity must:
    (1) Ensure that ground preparations necessary to meet the 
requirements in paragraph (b) of this section are provided.
    (2) Inform the user of the equipment and the operator of the 
location of hazards beneath the equipment set-up area (such as voids, 
tanks, utilities) if those hazards are identified in documents (such as 
site drawings, as-built drawings, and soil analyses) that are in the 
possession of the controlling entity (whether at the site or off-site) 
or the hazards are otherwise known to that controlling entity.
    (d) If there is no controlling entity for the project, the 
requirement in paragraph (c)(1) of this section must be met by the 
employer that has authority at the site to make or arrange for ground 
preparations needed to meet paragraph (b) of this section.
    (e) If the A/D director or the operator determines that ground 
conditions do not meet the requirements in paragraph (b) of this 
section, that person's employer must have a discussion with the 
controlling entity regarding the ground preparations that are needed so 
that, with the use of suitable supporting materials/devices (if 
necessary), the requirements in paragraph (b) of this section can be 
met.
    (f) This section does not apply to cranes designed for use on 
railroad tracks when used on railroad tracks that are part of the 
general railroad system of transportation that is regulated pursuant to 
the Federal Railroad Administration under 49 CFR part 213 and that 
comply with applicable Federal Railroad Administration requirements.



Sec.  1926.1403  Assembly/Disassembly--selection of manufacturer 
or employer procedures.

    When assembling or disassembling equipment (or attachments), the 
employer must comply with all applicable manufacturer prohibitions and 
must comply with either:
    (a) Manufacturer procedures applicable to assembly and disassembly, 
or
    (b) Employer procedures for assembly and disassembly. Employer 
procedures may be used only where the employer can demonstrate that the 
procedures used meet the requirements in Sec.  1926.1406.

    Note: The employer must follow manufacturer procedures when an 
employer uses synthetic slings during assembly or disassembly rigging. 
(See Sec.  1926.1404(r).)



Sec.  1926.1404  Assembly/Disassembly--general requirements (applies 
to all assembly and disassembly operations).

    (a) Supervision--competent-qualified person. (1) Assembly/
disassembly must be directed by a person who meets the criteria for both 
a competent person and a qualified person, or by a competent person who 
is assisted by one or more qualified persons (``A/D director'').
    (2) Where the assembly/disassembly is being performed by only one 
person, that person must meet the criteria for both a competent person 
and a qualified person. For purposes of this standard, that person is 
considered the A/D director.
    (b) Knowledge of procedures. The A/D director must understand the 
applicable assembly/disassembly procedures.
    (c) Review of procedures. The A/D director must review the 
applicable assembly/disassembly procedures immediately prior to the 
commencement of assembly/disassembly unless the A/D director understands 
the procedures and has applied them to the same type and configuration 
of equipment (including accessories, if any).
    (d) Crew instructions. (1) Before commencing assembly/disassembly 
operations, the A/D director must ensure that the crew members 
understand all of the following:
    (i) Their tasks.
    (ii) The hazards associated with their tasks.
    (iii) The hazardous positions/locations that they need to avoid.
    (2) During assembly/disassembly operations, before a crew member 
takes on a different task, or when adding new

[[Page 683]]

personnel during the operations, the requirements in paragraphs 
(d)(1)(i) through (d)(1)(iii) of this section must be met.
    (e) Protecting assembly/disassembly crew members out of operator 
view. (1) Before a crew member goes to a location that is out of view of 
the operator and is either in, on, or under the equipment, or near the 
equipment (or load) where the crew member could be injured by movement 
of the equipment (or load), the crew member must inform the operator 
that he/she is going to that location.
    (2) Where the operator knows that a crew member went to a location 
covered by paragraph (e)(1) of this section, the operator must not move 
any part of the equipment (or load) until the operator is informed in 
accordance with a pre-arranged system of communication that the crew 
member is in a safe position.
    (f) Working under the boom, jib or other components. (1) When pins 
(or similar devices) are being removed, employees must not be under the 
boom, jib, or other components, except where the requirements of 
paragraph (f)(2) of this section are met.
    (2) Exception. Where the employer demonstrates that site constraints 
require one or more employees to be under the boom, jib, or other 
components when pins (or similar devices) are being removed, the A/D 
director must implement procedures that minimize the risk of unintended 
dangerous movement and minimize the duration and extent of exposure 
under the boom. (See Non-mandatory appendix B of this subpart for an 
example.)
    (g) Capacity limits. During all phases of assembly/disassembly, 
rated capacity limits for loads imposed on the equipment, equipment 
components (including rigging), lifting lugs and equipment accessories, 
must not be exceeded for the equipment being assembled/disassembled.
    (h) Addressing specific hazards. The A/D director supervising the 
assembly/disassembly operation must address the hazards associated with 
the operation, which include:
    (1) Site and ground bearing conditions. Site and ground conditions 
must be adequate for safe assembly/disassembly operations and to support 
the equipment during assembly/disassembly (see Sec.  1926.1402 for 
ground condition requirements).
    (2) Blocking material. The size, amount, condition and method of 
stacking the blocking must be sufficient to sustain the loads and 
maintain stability.
    (3) Proper location of blocking. When used to support lattice booms 
or components, blocking must be appropriately placed to:
    (i) Protect the structural integrity of the equipment, and
    (ii) Prevent dangerous movement and collapse.
    (4) Verifying assist crane loads. When using an assist crane, the 
loads that will be imposed on the assist crane at each phase of 
assembly/disassembly must be verified in accordance with Sec.  
1926.1417(o)(3) before assembly/disassembly begins.
    (5) Boom and jib pick points. The point(s) of attachment of rigging 
to a boom (or boom sections or jib or jib sections) must be suitable for 
preventing structural damage and facilitating safe handling of these 
components.
    (6) Center of gravity. (i) The center of gravity of the load must be 
identified if that is necessary for the method used for maintaining 
stability.
    (ii) Where there is insufficient information to accurately identify 
the center of gravity, measures designed to prevent unintended dangerous 
movement resulting from an inaccurate identification of the center of 
gravity must be used. (See Non-mandatory appendix B of this subpart for 
an example.)
    (7) Stability upon pin removal. The boom sections, boom suspension 
systems (such as gantry A-frames and jib struts), and components must be 
rigged or supported to maintain stability upon the removal of the pins.
    (8) Snagging. Suspension ropes and pendants must not be allowed to 
catch on the boom or jib connection pins or cotter pins (including 
keepers and locking pins).
    (9) Struck by counterweights. The potential for unintended movement 
from inadequately supported counterweights and from hoisting 
counterweights.

[[Page 684]]

    (10) Boom hoist brake failure. Each time reliance is to be placed on 
the boom hoist brake to prevent boom movement during assembly/
disassembly, the brake must be tested prior to such reliance to 
determine if it is sufficient to prevent boom movement. If it is not 
sufficient, a boom hoist pawl, other locking device/back-up braking 
device, or another method of preventing dangerous movement of the boom 
(such as blocking or using an assist crane) from a boom hoist brake 
failure must be used.
    (11) Loss of backward stability. Backward stability before swinging 
the upperworks, travel, and when attaching or removing equipment 
components.
    (12) Wind speed and weather. The effect of wind speed and weather on 
the equipment.
    (i) [Reserved]
    (j) Cantilevered boom sections. Manufacturer limitations on the 
maximum amount of boom supported only by cantilevering must not be 
exceeded. Where these are unavailable, a registered professional 
engineer familiar with the type of equipment involved must determine in 
writing this limitation, which must not be exceeded.
    (k) Weight of components. The weight of each of the components must 
be readily available.
    (l) [Reserved]
    (m) Components and configuration. (1) The selection of components, 
and configuration of the equipment, that affect the capacity or safe 
operation of the equipment must be in accordance with:
    (i) Manufacturer instructions, prohibitions, limitations, and 
specifications. Where these are unavailable, a registered professional 
engineer familiar with the type of equipment involved must approve, in 
writing, the selection and configuration of components; or
    (ii) Approved modifications that meet the requirements of Sec.  
1926.1434 (Equipment modifications).
    (2) Post-assembly inspection. Upon completion of assembly, the 
equipment must be inspected to ensure compliance with paragraph (m)(1) 
of this section (see Sec.  1926.1412(c) for post-assembly inspection 
requirements).
    (n) [Reserved]
    (o) Shipping pins. Reusable shipping pins, straps, links, and 
similar equipment must be removed. Once they are removed they must 
either be stowed or otherwise stored so that they do not present a 
falling object hazard.
    (p) Pile driving. Equipment used for pile driving must not have a 
jib attached during pile driving operations.
    (q) Outriggers and stabilizers. When the load to be handled and the 
operating radius require the use of outriggers or stabilizers, or at any 
time when outriggers or stabilizers are used, all of the following 
requirements must be met (except as otherwise indicated):
    (1) The outriggers or stabilizers must be either fully extended or, 
if manufacturer procedures permit, deployed as specified in the load 
chart.
    (2) The outriggers must be set to remove the equipment weight from 
the wheels, except for locomotive cranes (see paragraph (q)(6) of this 
section for use of outriggers on locomotive cranes). This provision does 
not apply to stabilizers.
    (3) When outrigger floats are used, they must be attached to the 
outriggers. When stabilizer floats are used, they must be attached to 
the stabilizers.
    (4) Each outrigger or stabilizer must be visible to the operator or 
to a signal person during extension and setting.
    (5) Outrigger and stabilizer blocking must:
    (i) Meet the requirements in paragraphs (h)(2) and (h)(3) of this 
section.
    (ii) Be placed only under the outrigger or stabilizer float/pad of 
the jack or, where the outrigger or stabilizer is designed without a 
jack, under the outer bearing surface of the extended outrigger or 
stabilizer beam.
    (6) For locomotive cranes, when using outriggers or stabilizers to 
handle loads, the manufacturer's procedures must be followed. When 
lifting loads without using outriggers or stabilizers, the 
manufacturer's procedures must be met regarding truck wedges or screws.
    (r) Rigging. In addition to following the requirements in 29 CFR 
1926.251 and other requirements in this and other standards applicable 
to rigging, when

[[Page 685]]

rigging is used for assembly/disassembly, the employer must ensure that:
    (1) The rigging work is done by a qualified rigger.
    (2) Synthetic slings are protected from: Abrasive, sharp or acute 
edges, and configurations that could cause a reduction of the sling's 
rated capacity, such as distortion or localized compression.

    Note: Requirements for the protection of wire rope slings are 
contained in 29 CFR 1926.251(c)(9).

    (3) When synthetic slings are used, the synthetic sling 
manufacturer's instructions, limitations, specifications and 
recommendations must be followed.



Sec.  1926.1405  Disassembly--additional requirements for dismantling 
of booms and jibs (applies to both the use of manufacturer procedures 
and employer procedures).

    Dismantling (including dismantling for changing the length of) booms 
and jibs.
    (a) None of the pins in the pendants are to be removed (partly or 
completely) when the pendants are in tension.
    (b) None of the pins (top or bottom) on boom sections located 
between the pendant attachment points and the crane/derrick body are to 
be removed (partly or completely) when the pendants are in tension.
    (c) None of the pins (top or bottom) on boom sections located 
between the uppermost boom section and the crane/derrick body are to be 
removed (partly or completely) when the boom is being supported by the 
uppermost boom section resting on the ground (or other support).
    (d) None of the top pins on boom sections located on the 
cantilevered portion of the boom being removed (the portion being 
removed ahead of the pendant attachment points) are to be removed 
(partly or completely) until the cantilevered section to be removed is 
fully supported.



Sec.  1926.1406  Assembly/Disassembly--employer procedures--general 
requirements.

    (a) When using employer procedures instead of manufacturer 
procedures for assembly/disassembly, the employer must ensure that the 
procedures:
    (1) Prevent unintended dangerous movement, and prevent collapse, of 
any part of the equipment.
    (2) Provide adequate support and stability of all parts of the 
equipment.
    (3) Position employees involved in the assembly/disassembly 
operation so that their exposure to unintended movement or collapse of 
part or all of the equipment is minimized.
    (b) Qualified person. Employer procedures must be developed by a 
qualified person.



Sec.  1926.1407  Power line safety (up to 350 kV)--assembly and disassembly.

    (a) Before assembling or disassembling equipment, the employer must 
determine if any part of the equipment, load line, or load (including 
rigging and lifting accessories) could get, in the direction or area of 
assembly/disassembly, closer than 20 feet to a power line during the 
assembly/disassembly process. If so, the employer must meet the 
requirements in Option (1), Option (2), or Option (3) of this section, 
as follows:
    (1) Option (1)--Deenergize and ground. Confirm from the utility 
owner/operator that the power line has been deenergized and visibly 
grounded at the worksite.
    (2) Option (2)--20 foot clearance. Ensure that no part of the 
equipment, load line or load (including rigging and lifting 
accessories), gets closer than 20 feet to the power line by implementing 
the measures specified in paragraph (b) of this section.
    (3) Option (3)--Table A clearance. (i) Determine the line's voltage 
and the minimum clearance distance permitted under Table A (see Sec.  
1926.1408).
    (ii) Determine if any part of the equipment, load line, or load 
(including rigging and lifting accessories), could get closer than the 
minimum clearance distance to the power line permitted under Table A 
(see Sec.  1926.1408). If so, then the employer must follow the 
requirements in paragraph (b) of this section to ensure that no part of 
the equipment, load line, or load (including rigging and lifting 
accessories), gets closer to the line than the minimum clearance 
distance.

[[Page 686]]

    (b) Preventing encroachment/electrocution. Where encroachment 
precautions are required under Option (2), or Option (3) of this 
section, all of the following requirements must be met:
    (1) Conduct a planning meeting with the Assembly/Disassembly 
director (A/D director), operator, assembly/disassembly crew and the 
other workers who will be in the assembly/disassembly area to review the 
location of the power line(s) and the steps that will be implemented to 
prevent encroachment/electrocution.
    (2) If tag lines are used, they must be nonconductive.
    (3) At least one of the following additional measures must be in 
place. The measure selected from this list must be effective in 
preventing encroachment.
    The additional measures are:
    (i) Use a dedicated spotter who is in continuous contact with the 
equipment operator. The dedicated spotter must:
    (A) Be equipped with a visual aid to assist in identifying the 
minimum clearance distance. Examples of a visual aid include, but are 
not limited to: A clearly visible line painted on the ground; a clearly 
visible line of stanchions; a set of clearly visible line-of-sight 
landmarks (such as a fence post behind the dedicated spotter and a 
building corner ahead of the dedicated spotter).
    (B) Be positioned to effectively gauge the clearance distance.
    (C) Where necessary, use equipment that enables the dedicated 
spotter to communicate directly with the operator.
    (D) Give timely information to the operator so that the required 
clearance distance can be maintained.
    (ii) A proximity alarm set to give the operator sufficient warning 
to prevent encroachment.
    (iii) A device that automatically warns the operator when to stop 
movement, such as a range control warning device. Such a device must be 
set to give the operator sufficient warning to prevent encroachment.
    (iv) A device that automatically limits range of movement, set to 
prevent encroachment.
    (v) An elevated warning line, barricade, or line of signs, in view 
of the operator, equipped with flags or similar high-visibility 
markings.
    (c) Assembly/disassembly below power lines prohibited. No part of a 
crane/derrick, load line, or load (including rigging and lifting 
accessories), whether partially or fully assembled, is allowed below a 
power line unless the employer has confirmed that the utility owner/
operator has deenergized and (at the worksite) visibly grounded the 
power line.
    (d) Assembly/disassembly inside Table A clearance prohibited. No 
part of a crane/derrick, load line, or load (including rigging and 
lifting accessories), whether partially or fully assembled, is allowed 
closer than the minimum approach distance under Table A (see Sec.  
1926.1408) to a power line unless the employer has confirmed that the 
utility owner/operator has deenergized and (at the worksite) visibly 
grounded the power line.
    (e) Voltage information. Where Option (3) of this section is used, 
the utility owner/operator of the power lines must provide the requested 
voltage information within two working days of the employer's request.
    (f) Power lines presumed energized. The employer must assume that 
all power lines are energized unless the utility owner/operator confirms 
that the power line has been and continues to be deenergized and visibly 
grounded at the worksite.
    (g) Posting of electrocution warnings. There must be at least one 
electrocution hazard warning conspicuously posted in the cab so that it 
is in view of the operator and (except for overhead gantry and tower 
cranes) at least two on the outside of the equipment.



Sec.  1926.1408  Power line safety (up to 350 kV)--equipment operations.

    (a) Hazard assessments and precautions inside the work zone. Before 
beginning equipment operations, the employer must:
    (1) Identify the work zone by either:
    (i) Demarcating boundaries (such as with flags, or a device such as 
a range limit device or range control warning device) and prohibiting 
the operator from operating the equipment past those boundaries, or

[[Page 687]]

    (ii) Defining the work zone as the area 360 degrees around the 
equipment, up to the equipment's maximum working radius.
    (2) Determine if any part of the equipment, load line or load 
(including rigging and lifting accessories), if operated up to the 
equipment's maximum working radius in the work zone, could get closer 
than 20 feet to a power line. If so, the employer must meet the 
requirements in Option (1), Option (2), or Option (3) of this section, 
as follows:
    (i) Option (1)--Deenergize and ground. Confirm from the utility 
owner/operator that the power line has been deenergized and visibly 
grounded at the worksite.
    (ii) Option (2)--20 foot clearance. Ensure that no part of the 
equipment, load line, or load (including rigging and lifting 
accessories), gets closer than 20 feet to the power line by implementing 
the measures specified in paragraph (b) of this section.
    (iii) Option (3)--Table A clearance. (A) Determine the line's 
voltage and the minimum approach distance permitted under Table A (see 
Sec.  1926.1408).
    (B) Determine if any part of the equipment, load line or load 
(including rigging and lifting accessories), while operating up to the 
equipment's maximum working radius in the work zone, could get closer 
than the minimum approach distance of the power line permitted under 
Table A (see Sec.  1926.1408). If so, then the employer must follow the 
requirements in paragraph (b) of this section to ensure that no part of 
the equipment, load line, or load (including rigging and lifting 
accessories), gets closer to the line than the minimum approach 
distance.
    (b) Preventing encroachment/electrocution. Where encroachment 
precautions are required under Option (2) or Option (3) of this section, 
all of the following requirements must be met:
    (1) Conduct a planning meeting with the operator and the other 
workers who will be in the area of the equipment or load to review the 
location of the power line(s), and the steps that will be implemented to 
prevent encroachment/electrocution.
    (2) If tag lines are used, they must be non-conductive.
    (3) Erect and maintain an elevated warning line, barricade, or line 
of signs, in view of the operator, equipped with flags or similar high-
visibility markings, at 20 feet from the power line (if using Option (2) 
of this section) or at the minimum approach distance under Table A (see 
Sec.  1926.1408) (if using Option (3) of this section). If the operator 
is unable to see the elevated warning line, a dedicated spotter must be 
used as described in Sec.  1926.1408(b)(4)(ii) in addition to 
implementing one of the measures described in Sec. Sec.  
1926.1408(b)(4)(i), (iii), (iv) and (v).
    (4) Implement at least one of the following measures:
    (i) A proximity alarm set to give the operator sufficient warning to 
prevent encroachment.
    (ii) A dedicated spotter who is in continuous contact with the 
operator. Where this measure is selected, the dedicated spotter must:
    (A) Be equipped with a visual aid to assist in identifying the 
minimum clearance distance. Examples of a visual aid include, but are 
not limited to: A clearly visible line painted on the ground; a clearly 
visible line of stanchions; a set of clearly visible line-of-sight 
landmarks (such as a fence post behind the dedicated spotter and a 
building corner ahead of the dedicated spotter).
    (B) Be positioned to effectively gauge the clearance distance.
    (C) Where necessary, use equipment that enables the dedicated 
spotter to communicate directly with the operator.
    (D) Give timely information to the operator so that the required 
clearance distance can be maintained.
    (iii) A device that automatically warns the operator when to stop 
movement, such as a range control warning device. Such a device must be 
set to give the operator sufficient warning to prevent encroachment.
    (iv) A device that automatically limits range of movement, set to 
prevent encroachment.
    (v) An insulating link/device, as defined in Sec.  1926.1401, 
installed at a point between the end of the load line (or below) and the 
load.

[[Page 688]]

    (5) The requirements of paragraph (b)(4) of this section do not 
apply to work covered by subpart V of this part.
    (c) Voltage information. Where Option (3) of this section is used, 
the utility owner/operator of the power lines must provide the requested 
voltage information within two working days of the employer's request.
    (d) Operations below power lines. (1) No part of the equipment, load 
line, or load (including rigging and lifting accessories) is allowed 
below a power line unless the employer has confirmed that the utility 
owner/operator has deenergized and (at the worksite) visibly grounded 
the power line, except where one of the exceptions in paragraph (d)(2) 
of this section applies.
    (2) Exceptions. Paragraph (d)(1) of this section is inapplicable 
where the employer demonstrates that one of the following applies:
    (i) The work is covered by subpart V of this part.
    (ii) For equipment with non-extensible booms: The uppermost part of 
the equipment, with the boom at true vertical, would be more than 20 
feet below the plane of the power line or more than the Table A of this 
section minimum clearance distance below the plane of the power line.
    (iii) For equipment with articulating or extensible booms: The 
uppermost part of the equipment, with the boom in the fully extended 
position, at true vertical, would be more than 20 feet below the plane 
of the power line or more than the Table A of this section minimum 
clearance distance below the plane of the power line.
    (iv) The employer demonstrates that compliance with paragraph (d)(1) 
of this section is infeasible and meets the requirements of Sec.  
1926.1410.
    (e) Power lines presumed energized. The employer must assume that 
all power lines are energized unless the utility owner/operator confirms 
that the power line has been and continues to be deenergized and visibly 
grounded at the worksite.
    (f) When working near transmitter/communication towers where the 
equipment is close enough for an electrical charge to be induced in the 
equipment or materials being handled, the transmitter must be 
deenergized or the following precautions must be taken:
    (1) The equipment must be provided with an electrical ground.
    (2) If tag lines are used, they must be non-conductive.
    (g) Training. (1) The employer must train each operator and crew 
member assigned to work with the equipment on all of the following:
    (i) The procedures to be followed in the event of electrical contact 
with a power line. Such training must include:
    (A) Information regarding the danger of electrocution from the 
operator simultaneously touching the equipment and the ground.
    (B) The importance to the operator's safety of remaining inside the 
cab except where there is an imminent danger of fire, explosion, or 
other emergency that necessitates leaving the cab.
    (C) The safest means of evacuating from equipment that may be 
energized.
    (D) The danger of the potentially energized zone around the 
equipment (step potential).
    (E) The need for crew in the area to avoid approaching or touching 
the equipment and the load.
    (F) Safe clearance distance from power lines.
    (ii) Power lines are presumed to be energized unless the utility 
owner/operator confirms that the power line has been and continues to be 
deenergized and visibly grounded at the worksite.
    (iii) Power lines are presumed to be uninsulated unless the utility 
owner/operator or a registered engineer who is a qualified person with 
respect to electrical power transmission and distribution confirms that 
a line is insulated.
    (iv) The limitations of an insulating link/device, proximity alarm, 
and range control (and similar) device, if used.
    (v) The procedures to be followed to properly ground equipment and 
the limitations of grounding.
    (2) Employees working as dedicated spotters must be trained to 
enable them to effectively perform their task, including training on the 
applicable requirements of this section.

[[Page 689]]

    (3) Training under this section must be administered in accordance 
with Sec.  1926.1430(g).
    (h) Devices originally designed by the manufacturer for use as: A 
safety device (see Sec.  1926.1415), operational aid, or a means to 
prevent power line contact or electrocution, when used to comply with 
this section, must meet the manufacturer's procedures for use and 
conditions of use.

                  Table A--Minimum Clearance Distances
------------------------------------------------------------------------
   Voltage (nominal, kV, alternating        Minimum clearance distance
                current)                              (feet)
------------------------------------------------------------------------
up to 50...............................                 10
over 50 to 200.........................                 15
over 200 to 350........................                 20
over 350 to 500........................                 25
over 500 to 750........................                 35
over 750 to 1,000......................                 45
over 1,000.............................  (as established by the utility
                                          owner/operator or registered
                                          professional engineer who is a
                                          qualified person with respect
                                          to electrical power
                                          transmission and
                                          distribution).
------------------------------------------------------------------------
Note: The value that follows ``to'' is up to and includes that value.
  For example, over 50 to 200 means up to and including 200kV.



Sec.  1926.1409  Power line safety (over 350 kV).

    The requirements of Sec. Sec.  1926.1407 and 1926.1408 apply to 
power lines over 350 kV except:
    (a) For power lines at or below 1000 kV, wherever the distance ``20 
feet'' is specified, the distance ``50 feet'' must be substituted; and
    (b) For power lines over 1000 kV, the minimum clearance distance 
must be established by the utility owner/operator or registered 
professional engineer who is a qualified person with respect to 
electrical power transmission and distribution.



Sec.  1926.1410  Power line safety (all voltages)--equipment operations 
closer than the Table A zone.

    Equipment operations in which any part of the equipment, load line, 
or load (including rigging and lifting accessories) is closer than the 
minimum approach distance under Table A of Sec.  1926.1408 to an 
energized power line is prohibited, except where the employer 
demonstrates that all of the following requirements are met:
    (a) The employer determines that it is infeasible to do the work 
without breaching the minimum approach distance under Table A of Sec.  
1926.1408.
    (b) The employer determines that, after consultation with the 
utility owner/operator, it is infeasible to deenergize and ground the 
power line or relocate the power line.
    (c) Minimum clearance distance. (1) The power line owner/operator or 
registered professional engineer who is a qualified person with respect 
to electrical power transmission and distribution determines the minimum 
clearance distance that must be maintained to prevent electrical contact 
in light of the on-site conditions. The factors that must be considered 
in making this determination include, but are not limited to: Conditions 
affecting atmospheric conductivity; time necessary to bring the 
equipment, load line, and load (including rigging and lifting 
accessories) to a complete stop; wind conditions; degree of sway in the 
power line; lighting conditions, and other conditions affecting the 
ability to prevent electrical contact.
    (2) Paragraph (c)(1) of this section does not apply to work covered 
by subpart V of this part; instead, for such work, the minimum approach 
distances established by the employer under Sec.  1926.960(c)(1)(i) 
apply.
    (d) A planning meeting with the employer and utility owner/operator 
(or registered professional engineer who is a qualified person with 
respect to electrical power transmission and distribution) is held to 
determine the procedures that will be followed to prevent electrical 
contact and electrocution. At a minimum these procedures must include:

[[Page 690]]

    (1) If the power line is equipped with a device that automatically 
reenergizes the circuit in the event of a power line contact, before the 
work begins, the automatic reclosing feature of the circuit interrupting 
device must be made inoperative if the design of the device permits.
    (2) A dedicated spotter who is in continuous contact with the 
operator. The dedicated spotter must:
    (i) Be equipped with a visual aid to assist in identifying the 
minimum clearance distance. Examples of a visual aid include, but are 
not limited to: A line painted on the ground; a clearly visible line of 
stanchions; a set of clearly visible line-of-sight landmarks (such as a 
fence post behind the dedicated spotter and a building corner ahead of 
the dedicated spotter).
    (ii) Be positioned to effectively gauge the clearance distance.
    (iii) Where necessary, use equipment that enables the dedicated 
spotter to communicate directly with the operator.
    (iv) Give timely information to the operator so that the required 
clearance distance can be maintained.
    (3) An elevated warning line, or barricade (not attached to the 
crane), in view of the operator (either directly or through video 
equipment), equipped with flags or similar high-visibility markings, to 
prevent electrical contact. However, this provision does not apply to 
work covered by subpart V of this part.
    (4) Insulating link/device. (i) An insulating link/device installed 
at a point between the end of the load line (or below) and the load.
    (ii) Paragraph (d)(4)(i) of this section does not apply to work 
covered by subpart V of this part.
    (iii) [Reserved]
    (iv) Until November 8, 2011, the following procedure may be 
substituted for the requirement in paragraph (d)(4)(i) of this section: 
All employees, excluding equipment operators located on the equipment, 
who may come in contact with the equipment, the load line, or the load 
must be insulated or guarded from the equipment, the load line, and the 
load. Insulating gloves rated for the voltage involved are adequate 
insulation for the purposes of this paragraph.
    (v) Until November 8, 2013, the following procedure may be 
substituted for the requirement in (d)(4)(i) of this section:
    (A) The employer must use a link/device manufactured on or before 
November 8, 2011, that meets the definition of an insulating link/
device, except that it has not been approved by a Nationally Recognized 
Testing Laboratory, and that is maintained and used in accordance with 
manufacturer requirements and recommendations, and is installed at a 
point between the end of the load line (or below) and the load; and
    (B) All employees, excluding equipment operators located on the 
equipment, who may come in contact with the equipment, the load line, or 
the load must be insulated or guarded from the equipment, the load line, 
and the load through an additional means other than the device described 
in paragraph (d)(4)(v)(A) of this section. Insulating gloves rated for 
the voltage involved are adequate additional means of protection for the 
purposes of this paragraph.
    (5) Nonconductive rigging if the rigging may be within the Table A 
of Sec.  1926.1408 distance during the operation.
    (6) If the equipment is equipped with a device that automatically 
limits range of movement, it must be used and set to prevent any part of 
the equipment, load line, or load (including rigging and lifting 
accessories) from breaching the minimum approach distance established 
under paragraph (c) of this section.
    (7) If a tag line is used, it must be of the nonconductive type.
    (8) Barricades forming a perimeter at least 10 feet away from the 
equipment to prevent unauthorized personnel from entering the work area. 
In areas where obstacles prevent the barricade from being at least 10 
feet away, the barricade must be as far from the equipment as feasible.
    (9) Workers other than the operator must be prohibited from touching 
the load line above the insulating link/device and crane. Operators 
remotely operating the equipment from the ground

[[Page 691]]

must use either wireless controls that isolate the operator from the 
equipment or insulating mats that insulate the operator from the ground.
    (10) Only personnel essential to the operation are permitted to be 
in the area of the crane and load.
    (11) The equipment must be properly grounded.
    (12) Insulating line hose or cover-up must be installed by the 
utility owner/operator except where such devices are unavailable for the 
line voltages involved.
    (e) The procedures developed to comply with paragraph (d) of this 
section are documented and immediately available on-site.
    (f) The equipment user and utility owner/operator (or registered 
professional engineer) meet with the equipment operator and the other 
workers who will be in the area of the equipment or load to review the 
procedures that will be implemented to prevent breaching the minimum 
approach distance established in paragraph (c) of this section and 
prevent electrocution.
    (g) The procedures developed to comply with paragraph (d) of this 
section are implemented.
    (h) The utility owner/operator (or registered professional engineer) 
and all employers of employees involved in the work must identify one 
person who will direct the implementation of the procedures. The person 
identified in accordance with this paragraph must direct the 
implementation of the procedures and must have the authority to stop 
work at any time to ensure safety.
    (i) [Reserved]
    (j) If a problem occurs implementing the procedures being used to 
comply with paragraph (d) of this section, or indicating that those 
procedures are inadequate to prevent electrocution, the employer must 
safely stop operations and either develop new procedures to comply with 
paragraph (d) of this section or have the utility owner/operator 
deenergize and visibly ground or relocate the power line before resuming 
work.
    (k) Devices originally designed by the manufacturer for use as a 
safety device (see Sec.  1926.1415), operational aid, or a means to 
prevent power line contact or electrocution, when used to comply with 
this section, must comply with the manufacturer's procedures for use and 
conditions of use.
    (l) [Reserved]
    (m) The employer must train each operator and crew member assigned 
to work with the equipment in accordance with Sec.  1926.1408(g).

[75 FR 48135, Aug. 9, 2010, as amended at 79 FR 20743, Apr. 11, 2014]



Sec.  1926.1411  Power line safety--while traveling under or near power 
lines with no load.

    (a) This section establishes procedures and criteria that must be 
met for equipment traveling under or near a power line on a construction 
site with no load. Equipment traveling on a construction site with a 
load is governed by Sec.  1926.1408, Sec.  1926.1409 or Sec.  1926.1410, 
whichever is appropriate, and Sec.  1926.1417(u).
    (b) The employer must ensure that:
    (1) The boom/mast and boom/mast support system are lowered 
sufficiently to meet the requirements of this paragraph.
    (2) The clearances specified in Table T of this section are 
maintained.
    (3) The effects of speed and terrain on equipment movement 
(including movement of the boom/mast) are considered so that those 
effects do not cause the minimum clearance distances specified in Table 
T of this section to be breached.
    (4) Dedicated spotter. If any part of the equipment while traveling 
will get closer than 20 feet to the power line, the employer must ensure 
that a dedicated spotter who is in continuous contact with the driver/
operator is used. The dedicated spotter must:
    (i) Be positioned to effectively gauge the clearance distance.
    (ii) Where necessary, use equipment that enables the dedicated 
spotter to communicate directly with the operator.
    (iii) Give timely information to the operator so that the required 
clearance distance can be maintained.
    (5) Additional precautions for traveling in poor visibility. When 
traveling at night, or in conditions of poor visibility, in addition to 
the measures specified in paragraphs (b)(1) through

[[Page 692]]

(4) of this section, the employer must ensure that:
    (i) The power lines are illuminated or another means of identifying 
the location of the lines is used.
    (ii) A safe path of travel is identified and used.

    Table T--Minimum Clearance Distances While Traveling With No Load
------------------------------------------------------------------------
   Voltage (nominal, kV, alternating         While traveling--minimum
                current)                    clearance distance (feet)
------------------------------------------------------------------------
up to 0.75.............................                 4
over .75 to 50.........................                 6
over 50 to 345.........................                 10
over 345 to 750........................                 16
Over 750 to 1,000......................                 20
Over 1,000.............................  (as established by the utility
                                          owner/operator or registered
                                          professional engineer who is a
                                          qualified person with respect
                                          to electrical power
                                          transmission and
                                          distribution).
------------------------------------------------------------------------



Sec.  1926.1412  Inspections.

    (a) Modified equipment. (1) Equipment that has had modifications or 
additions which affect the safe operation of the equipment (such as 
modifications or additions involving a safety device or operational aid, 
critical part of a control system, power plant, braking system, load-
sustaining structural components, load hook, or in-use operating 
mechanism) or capacity must be inspected by a qualified person after 
such modifications/additions have been completed, prior to initial use. 
The inspection must meet all of the following requirements:
    (i) The inspection must assure that the modifications or additions 
have been done in accordance with the approval obtained pursuant to 
Sec.  1926.1434 (Equipment modifications).
    (ii) The inspection must include functional testing of the 
equipment.
    (2) Equipment must not be used until an inspection under this 
paragraph demonstrates that the requirements of paragraph (a)(1)(i) of 
this section have been met.
    (b) Repaired/adjusted equipment. (1) Equipment that has had a repair 
or adjustment that relates to safe operation (such as: A repair or 
adjustment to a safety device or operator aid, or to a critical part of 
a control system, power plant, braking system, load-sustaining 
structural components, load hook, or in-use operating mechanism), must 
be inspected by a qualified person after such a repair or adjustment has 
been completed, prior to initial use. The inspection must meet all of 
the following requirements:
    (i) The qualified person must determine if the repair/adjustment 
meets manufacturer equipment criteria (where applicable and available).
    (ii) Where manufacturer equipment criteria are unavailable or 
inapplicable, the qualified person must:
    (A) Determine if a registered professional engineer (RPE) is needed 
to develop criteria for the repair/adjustment. If an RPE is not needed, 
the employer must ensure that the criteria are developed by the 
qualified person. If an RPE is needed, the employer must ensure that 
they are developed by an RPE.
    (B) Determine if the repair/adjustment meets the criteria developed 
in accordance with paragraph (b)(1)(ii)(A) of this section.
    (iii) The inspection must include functional testing of the 
repaired/adjusted parts and other components that may be affected by the 
repair/adjustment.
    (4) Equipment must not be used until an inspection under this 
paragraph demonstrates that the repair/adjustment meets the requirements 
of paragraph (b)(1)(i) of this section (or, where applicable, paragraph 
(b)(1)(ii) of this section).
    (c) Post-assembly. (1) Upon completion of assembly, the equipment 
must be inspected by a qualified person to assure that it is configured 
in accordance with manufacturer equipment criteria.

[[Page 693]]

    (2) Where manufacturer equipment criteria are unavailable, a 
qualified person must:
    (i) Determine if a registered professional engineer (RPE) familiar 
with the type of equipment involved is needed to develop criteria for 
the equipment configuration. If an RPE is not needed, the employer must 
ensure that the criteria are developed by the qualified person. If an 
RPE is needed, the employer must ensure that they are developed by an 
RPE.
    (ii) Determine if the equipment meets the criteria developed in 
accordance with paragraph (c)(2)(i) of this section.
    (3) Equipment must not be used until an inspection under this 
paragraph demonstrates that the equipment is configured in accordance 
with the applicable criteria.
    (d) Each shift. (1) A competent person must begin a visual 
inspection prior to each shift the equipment will be used, which must be 
completed before or during that shift. The inspection must consist of 
observation for apparent deficiencies. Taking apart equipment components 
and booming down is not required as part of this inspection unless the 
results of the visual inspection or trial operation indicate that 
further investigation necessitating taking apart equipment components or 
booming down is needed. Determinations made in conducting the inspection 
must be reassessed in light of observations made during operation. At a 
minimum the inspection must include all of the following:
    (i) Control mechanisms for maladjustments interfering with proper 
operation.
    (ii) Control and drive mechanisms for apparent excessive wear of 
components and contamination by lubricants, water or other foreign 
matter.
    (iii) Air, hydraulic, and other pressurized lines for deterioration 
or leakage, particularly those which flex in normal operation.
    (iv) Hydraulic system for proper fluid level.
    (v) Hooks and latches for deformation, cracks, excessive wear, or 
damage such as from chemicals or heat.
    (vi) Wire rope reeving for compliance with the manufacturer's 
specifications.
    (vii) Wire rope, in accordance with Sec.  1926.1413(a).
    (viii) Electrical apparatus for malfunctioning, signs of apparent 
excessive deterioration, dirt or moisture accumulation.
    (ix) Tires (when in use) for proper inflation and condition.
    (x) Ground conditions around the equipment for proper support, 
including ground settling under and around outriggers/stabilizers and 
supporting foundations, ground water accumulation, or similar 
conditions. This paragraph does not apply to the inspection of ground 
conditions for railroad tracks and their underlying support when the 
railroad tracks are part of the general railroad system of 
transportation that is regulated pursuant to the Federal Railroad 
Administration under 49 CFR part 213.
    (xi) The equipment for level position within the tolerances 
specified by the equipment manufacturer's recommendations, both before 
each shift and after each move and setup.
    (xii) Operator cab windows for significant cracks, breaks, or other 
deficiencies that would hamper the operator's view.
    (xiii) Rails, rail stops, rail clamps and supporting surfaces when 
the equipment has rail traveling. This paragraph does not apply to the 
inspection of rails, rail stops, rail clamps and supporting surfaces 
when the railroad tracks are part of the general railroad system of 
transportation that is regulated pursuant to the Federal Railroad 
Administration under 49 CFR part 213.
    (xiv) Safety devices and operational aids for proper operation.
    (2) If any deficiency in paragraphs (d)(1)(i) through (xiii) of this 
section (or in additional inspection items required to be checked for 
specific types of equipment in accordance with other sections of this 
standard) is identified, an immediate determination must be made by the 
competent person as to whether the deficiency constitutes a safety 
hazard. If the deficiency is determined to constitute a safety hazard, 
the equipment must be taken out of service until it has been corrected. 
See Sec.  1926.1417.

[[Page 694]]

    (3) If any deficiency in paragraph (d)(1)(xiv) of this section 
(safety devices/operational aids) is identified, the action specified in 
Sec. Sec.  1926.1415 and 1926.1416 must be taken prior to using the 
equipment.
    (e) Monthly. (1) Each month the equipment is in service it must be 
inspected in accordance with paragraph (d) of this section (each shift).
    (2) Equipment must not be used until an inspection under this 
paragraph demonstrates that no corrective action under paragraphs (d)(2) 
and (3) of this section is required.
    (3) Documentation. (i) The following information must be documented 
and maintained by the employer that conducts the inspection:
    (A) The items checked and the results of the inspection.
    (B) The name and signature of the person who conducted the 
inspection and the date.
    (ii) This document must be retained for a minimum of three months.
    (f) Annual/comprehensive. (1) At least every 12 months the equipment 
must be inspected by a qualified person in accordance with paragraph (d) 
of this section (each shift) except that the corrective action set forth 
in paragraphs (f)(4), (f)(5), and (f)(6) of this section must apply in 
place of the corrective action required by paragraphs (d)(2) and (d)(3) 
of this section.
    (2) In addition, at least every 12 months, the equipment must be 
inspected by a qualified person. Disassembly is required, as necessary, 
to complete the inspection. The equipment must be inspected for all of 
the following:
    (i) Equipment structure (including the boom and, if equipped, the 
jib):
    (A) Structural members: Deformed, cracked, or significantly 
corroded.
    (B) Bolts, rivets and other fasteners: loose, failed or 
significantly corroded.
    (C) Welds for cracks.
    (ii) Sheaves and drums for cracks or significant wear.
    (iii) Parts such as pins, bearings, shafts, gears, rollers and 
locking devices for distortion, cracks or significant wear.
    (iv) Brake and clutch system parts, linings, pawls and ratchets for 
excessive wear.
    (v) Safety devices and operational aids for proper operation 
(including significant inaccuracies).
    (vi) Gasoline, diesel, electric, or other power plants for safety-
related problems (such as leaking exhaust and emergency shut-down 
feature) and conditions, and proper operation.
    (vii) Chains and chain drive sprockets for excessive wear of 
sprockets and excessive chain stretch.
    (viii) Travel steering, brakes, and locking devices, for proper 
operation.
    (ix) Tires for damage or excessive wear.
    (x) Hydraulic, pneumatic and other pressurized hoses, fittings and 
tubing, as follows:
    (A) Flexible hose or its junction with the fittings for indications 
of leaks.
    (B) Threaded or clamped joints for leaks.
    (C) Outer covering of the hose for blistering, abnormal deformation 
or other signs of failure/impending failure.
    (D) Outer surface of a hose, rigid tube, or fitting for indications 
of excessive abrasion or scrubbing.
    (xi) Hydraulic and pneumatic pumps and motors, as follows:
    (A) Performance indicators: Unusual noises or vibration, low 
operating speed, excessive heating of the fluid, low pressure.
    (B) Loose bolts or fasteners.
    (C) Shaft seals and joints between pump sections for leaks.
    (xii) Hydraulic and pneumatic valves, as follows:
    (A) Spools: Sticking, improper return to neutral, and leaks.
    (B) Leaks.
    (C) Valve housing cracks.
    (D) Relief valves: Failure to reach correct pressure (if there is a 
manufacturer procedure for checking pressure, it must be followed).
    (xiii) Hydraulic and pneumatic cylinders, as follows:
    (A) Drifting caused by fluid leaking across the piston.
    (B) Rod seals and welded joints for leaks.
    (C) Cylinder rods for scores, nicks, or dents.
    (D) Case (barrel) for significant dents.

[[Page 695]]

    (E) Rod eyes and connecting joints: Loose or deformed.
    (xiv) Outrigger or stabilizer pads/floats for excessive wear or 
cracks.
    (xv) Slider pads for excessive wear or cracks.
    (xvi) Electrical components and wiring for cracked or split 
insulation and loose or corroded terminations.
    (xvii) Warning labels and decals originally supplied with the 
equipment by the manufacturer or otherwise required under this standard: 
Missing or unreadable.
    (xviii) Originally equipped operator seat (or equivalent): Missing.
    (xix) Operator seat: Unserviceable.
    (xx) Originally equipped steps, ladders, handrails, guards: Missing.
    (xxi) Steps, ladders, handrails, guards: In unusable/unsafe 
condition.
    (3) This inspection must include functional testing to determine 
that the equipment as configured in the inspection is functioning 
properly.
    (4) If any deficiency is identified, an immediate determination must 
be made by the qualified person as to whether the deficiency constitutes 
a safety hazard or, though not yet a safety hazard, needs to be 
monitored in the monthly inspections.
    (5) If the qualified person determines that a deficiency is a safety 
hazard, the equipment must be taken out of service until it has been 
corrected, except when temporary alternative measures are implemented as 
specified in Sec.  1926.1416(d) or Sec.  1926.1435(e). See Sec.  
1926.1417.
    (6) If the qualified person determines that, though not presently a 
safety hazard, the deficiency needs to be monitored, the employer must 
ensure that the deficiency is checked in the monthly inspections.
    (7) Documentation of annual/comprehensive inspection. The following 
information must be documented, maintained, and retained for a minimum 
of 12 months, by the employer that conducts the inspection:
    (i) The items checked and the results of the inspection.
    (ii) The name and signature of the person who conducted the 
inspection and the date.
    (g) Severe service. Where the severity of use/conditions is such 
that there is a reasonable probability of damage or excessive wear (such 
as loading that may have exceeded rated capacity, shock loading that may 
have exceeded rated capacity, prolonged exposure to a corrosive 
atmosphere), the employer must stop using the equipment and a qualified 
person must:
    (1) Inspect the equipment for structural damage to determine if the 
equipment can continue to be used safely.
    (2) In light of the use/conditions determine whether any items/
conditions listed in paragraph (f) of this section need to be inspected; 
if so, the qualified person must inspect those items/conditions.
    (3) If a deficiency is found, the employer must follow the 
requirements in paragraphs (f)(4) through (6) of this section.
    (h) Equipment not in regular use. Equipment that has been idle for 3 
months or more must be inspected by a qualified person in accordance 
with the requirements of paragraph (e) (Monthly) of this section before 
initial use.
    (i) [Reserved]
    (j) Any part of a manufacturer's procedures regarding inspections 
that relate to safe operation (such as to a safety device or operational 
aid, critical part of a control system, power plant, braking system, 
load-sustaining structural components, load hook, or in-use operating 
mechanism) that is more comprehensive or has a more frequent schedule of 
inspection than the requirements of this section must be followed.
    (k) All documents produced under this section must be available, 
during the applicable document retention period, to all persons who 
conduct inspections under this section.



Sec.  1926.1413  Wire rope--inspection.

    (a) Shift inspection. (1) A competent person must begin a visual 
inspection prior to each shift the equipment is used, which must be 
completed before or during that shift. The inspection must consist of 
observation of wire ropes (running and standing) that are likely to be 
in use during the shift for apparent deficiencies, including those 
listed in paragraph (a)(2) of this section. Untwisting (opening) of wire 
rope

[[Page 696]]

or booming down is not required as part of this inspection.
    (2) Apparent deficiencies--(i) Category I. Apparent deficiencies in 
this category include the following:
    (A) Significant distortion of the wire rope structure such as 
kinking, crushing, unstranding, birdcaging, signs of core failure or 
steel core protrusion between the outer strands.
    (B) Significant corrosion.
    (C) Electric arc damage (from a source other than power lines) or 
heat damage.
    (D) Improperly applied end connections.
    (E) Significantly corroded, cracked, bent, or worn end connections 
(such as from severe service).
    (ii) Category II. Apparent deficiencies in this category are:
    (A) Visible broken wires, as follows:
    (1) In running wire ropes: Six randomly distributed broken wires in 
one rope lay or three broken wires in one strand in one rope lay, where 
a rope lay is the length along the rope in which one strand makes a 
complete revolution around the rope.
    (2) In rotation resistant ropes: Two randomly distributed broken 
wires in six rope diameters or four randomly distributed broken wires in 
30 rope diameters.
    (3) In pendants or standing wire ropes: More than two broken wires 
in one rope lay located in rope beyond end connections and/or more than 
one broken wire in a rope lay located at an end connection.
    (B) A diameter reduction of more than 5% from nominal diameter.
    (iii) Category III. Apparent deficiencies in this category include 
the following:
    (A) In rotation resistant wire rope, core protrusion or other 
distortion indicating core failure.
    (B) Prior electrical contact with a power line.
    (C) A broken strand.
    (3) Critical review items. The competent person must give particular 
attention to all of the following:
    (i) Rotation resistant wire rope in use.
    (ii) Wire rope being used for boom hoists and luffing hoists, 
particularly at reverse bends.
    (iii) Wire rope at flange points, crossover points and repetitive 
pickup points on drums.
    (iv) Wire rope at or near terminal ends.
    (v) Wire rope in contact with saddles, equalizer sheaves or other 
sheaves where rope travel is limited.
    (4) Removal from service. (i) If a deficiency in Category I (see 
paragraph (a)(2)(i) of this section) is identified, an immediate 
determination must be made by the competent person as to whether the 
deficiency constitutes a safety hazard. If the deficiency is determined 
to constitute a safety hazard, operations involving use of the wire rope 
in question must be prohibited until:
    (A) The wire rope is replaced (see Sec.  1926.1417), or
    (B) If the deficiency is localized, the problem is corrected by 
severing the wire rope in two; the undamaged portion may continue to be 
used. Joining lengths of wire rope by splicing is prohibited. If a rope 
is shortened under this paragraph, the employer must ensure that the 
drum will still have two wraps of wire when the load and/or boom is in 
its lowest position.
    (ii) If a deficiency in Category II (see paragraph (a)(2)(ii) of 
this section) is identified, operations involving use of the wire rope 
in question must be prohibited until:
    (A) The employer complies with the wire rope manufacturer's 
established criterion for removal from service or a different criterion 
that the wire rope manufacturer has approved in writing for that 
specific wire rope (see Sec.  1926.1417),
    (B) The wire rope is replaced (see Sec.  1926.1417), or
    (C) If the deficiency is localized, the problem is corrected by 
severing the wire rope in two; the undamaged portion may continue to be 
used. Joining lengths of wire rope by splicing is prohibited. If a rope 
is shortened under this paragraph, the employer must ensure that the 
drum will still have two wraps of wire when the load and/or boom is in 
its lowest position.
    (iii) If a deficiency in Category III is identified, operations 
involving use of the wire rope in question must be prohibited until:

[[Page 697]]

    (A) The wire rope is replaced (see Sec.  1926.1417), or
    (B) If the deficiency (other than power line contact) is localized, 
the problem is corrected by severing the wire rope in two; the undamaged 
portion may continue to be used. Joining lengths of wire rope by 
splicing is prohibited. Repair of wire rope that contacted an energized 
power line is also prohibited. If a rope is shortened under this 
paragraph, the employer must ensure that the drum will still have two 
wraps of wire when the load and/or boom is in its lowest position.
    (iv) Where a wire rope is required to be removed from service under 
this section, either the equipment (as a whole) or the hoist with that 
wire rope must be tagged-out, in accordance with Sec.  1926.1417(f)(1), 
until the wire rope is repaired or replaced.
    (b) Monthly inspection. (1) Each month an inspection must be 
conducted in accordance with paragraph (a) (shift inspection) of this 
section.
    (2) The inspection must include any deficiencies that the qualified 
person who conducts the annual inspection determines under paragraph 
(c)(3)(ii) of this section must be monitored.
    (3) Wire ropes on equipment must not be used until an inspection 
under this paragraph demonstrates that no corrective action under 
paragraph (a)(4) of this section is required.
    (4) The inspection must be documented according to Sec.  
1926.1412(e)(3) (monthly inspection documentation).
    (c) Annual/comprehensive. (1) At least every 12 months, wire ropes 
in use on equipment must be inspected by a qualified person in 
accordance with paragraph (a) of this section (shift inspection).
    (2) In addition, at least every 12 months, the wire ropes in use on 
equipment must be inspected by a qualified person, as follows:
    (i) The inspection must be for deficiencies of the types listed in 
paragraph (a)(2) of this section.
    (ii) The inspection must be complete and thorough, covering the 
surface of the entire length of the wire ropes, with particular 
attention given to all of the following:
    (A) Critical review items listed in paragraph (a)(3) of this 
section.
    (B) Those sections that are normally hidden during shift and monthly 
inspections.
    (C) Wire rope subject to reverse bends.
    (D) Wire rope passing over sheaves.
    (iii) Exception: In the event an inspection under paragraph (c)(2) 
of this section is not feasible due to existing set-up and configuration 
of the equipment (such as where an assist crane is needed) or due to 
site conditions (such as a dense urban setting), such inspections must 
be conducted as soon as it becomes feasible, but no longer than an 
additional 6 months for running ropes and, for standing ropes, at the 
time of disassembly.
    (3) If a deficiency is identified, an immediate determination must 
be made by the qualified person as to whether the deficiency constitutes 
a safety hazard.
    (i) If the deficiency is determined to constitute a safety hazard, 
operations involving use of the wire rope in question must be prohibited 
until:
    (A) The wire rope is replaced (see Sec.  1926.1417), or
    (B) If the deficiency is localized, the problem is corrected by 
severing the wire rope in two; the undamaged portion may continue to be 
used. Joining lengths of wire rope by splicing is prohibited. If a rope 
is shortened under this paragraph, the employer must ensure that the 
drum will still have two wraps of wire when the load and/or boom is in 
its lowest position.
    (ii) If the qualified person determines that, though not presently a 
safety hazard, the deficiency needs to be monitored, the employer must 
ensure that the deficiency is checked in the monthly inspections.
    (4) The inspection must be documented according to Sec.  
1926.1412(f)(7) (annual/comprehensive inspection documentation).
    (d) Rope lubricants that are of the type that hinder inspection must 
not be used.
    (e) All documents produced under this section must be available, 
during the applicable document retention period, to all persons who 
conduct inspections under this section.

[[Page 698]]



Sec.  1926.1414  Wire rope--selection and installation criteria.

    (a) Original equipment wire rope and replacement wire rope must be 
selected and installed in accordance with the requirements of this 
section. Selection of replacement wire rope must be in accordance with 
the recommendations of the wire rope manufacturer, the equipment 
manufacturer, or a qualified person.
    (b) Wire rope design criteria: Wire rope (other than rotation 
resistant rope) must comply with either Option (1) or Option (2) of this 
section, as follows:
    (1) Option (1). Wire rope must comply with section 5-1.7.1 of ASME 
B30.5-2004 (incorporated by reference, see Sec.  1926.6) except that 
section's paragraph (c) must not apply.
    (2) Option (2). Wire rope must be designed to have, in relation to 
the equipment's rated capacity, a sufficient minimum breaking force and 
design factor so that compliance with the applicable inspection 
provisions in Sec.  1926.1413 will be an effective means of preventing 
sudden rope failure.
    (c) Wire rope must be compatible with the safe functioning of the 
equipment.
    (d) Boom hoist reeving. (1) Fiber core ropes must not be used for 
boom hoist reeving, except for derricks.
    (2) Rotation resistant ropes must be used for boom hoist reeving 
only where the requirements of paragraph (e)(4)(ii) of this section are 
met.
    (e) Rotation resistant ropes--(1) Definitions--(i) Type I rotation 
resistant wire rope (``Type I''). Type I rotation resistant rope is 
stranded rope constructed to have little or no tendency to rotate or, if 
guided, transmits little or no torque. It has at least 15 outer strands 
and comprises an assembly of at least three layers of strands laid 
helically over a center in two operations. The direction of lay of the 
outer strands is opposite to that of the underlying layer.
    (ii) Type II rotation resistant wire rope (``Type II''). Type II 
rotation resistant rope is stranded rope constructed to have significant 
resistance to rotation. It has at least 10 outer strands and comprises 
an assembly of two or more layers of strands laid helically over a 
center in two or three operations. The direction of lay of the outer 
strands is opposite to that of the underlying layer.
    (iii) Type III rotation resistant wire rope (``Type III''). Type III 
rotation resistant rope is stranded rope constructed to have limited 
resistance to rotation. It has no more than nine outer strands, and 
comprises an assembly of two layers of strands laid helically over a 
center in two operations. The direction of lay of the outer strands is 
opposite to that of the underlying layer.
    (2) Requirements. (i) Types II and III with an operating design 
factor of less than 5 must not be used for duty cycle or repetitive 
lifts.
    (ii) Rotation resistant ropes (including Types I, II and III) must 
have an operating design factor of no less than 3.5.
    (iii) Type I must have an operating design factor of no less than 5, 
except where the wire rope manufacturer and the equipment manufacturer 
approves the design factor, in writing.
    (iv) Types II and III must have an operating design factor of no 
less than 5, except where the requirements of paragraph (e)(3) of this 
section are met.
    (3) When Types II and III with an operating design factor of less 
than 5 are used (for non-duty cycle, non-repetitive lifts), the 
following requirements must be met for each lifting operation:
    (i) A qualified person must inspect the rope in accordance with 
Sec.  1926.1413(a). The rope must be used only if the qualified person 
determines that there are no deficiencies constituting a hazard. In 
making this determination, more than one broken wire in any one rope lay 
must be considered a hazard.
    (ii) Operations must be conducted in such a manner and at such 
speeds as to minimize dynamic effects.
    (iii) Each lift made under Sec.  1926.1414(e)(3) must be recorded in 
the monthly and annual inspection documents. Such prior uses must be 
considered by the qualified person in determining whether to use the 
rope again.
    (4) Additional requirements for rotation resistant ropes for boom 
hoist reeving. (i) Rotation resistant ropes must not be used for boom 
hoist reeving, except

[[Page 699]]

where the requirements of paragraph (e)(4)(ii) of this section are met.
    (ii) Rotation resistant ropes may be used as boom hoist reeving when 
load hoists are used as boom hoists for attachments such as luffing 
attachments or boom and mast attachment systems. Under these conditions, 
all of the following requirements must be met:
    (A) The drum must provide a first layer rope pitch diameter of not 
less than 18 times the nominal diameter of the rope used.
    (B) The requirements in Sec.  1926.1426(a) (irrespective of the date 
of manufacture of the equipment), and Sec.  1926.1426(b).
    (C) The requirements in ASME B30.5-2004 sections 5-1.3.2(a), (a)(2) 
through (a)(4), (b) and (d) (incorporated by reference, see Sec.  
1926.6) except that the minimum pitch diameter for sheaves used in 
multiple rope reeving is 18 times the nominal diameter of the rope used 
(instead of the value of 16 specified in section 5-1.3.2(d)).
    (D) All sheaves used in the boom hoist reeving system must have a 
rope pitch diameter of not less than 18 times the nominal diameter of 
the rope used.
    (E) The operating design factor for the boom hoist reeving system 
must be not less than five.
    (F) The operating design factor for these ropes must be the total 
minimum breaking force of all parts of rope in the system divided by the 
load imposed on the rope system when supporting the static weights of 
the structure and the load within the equipment's rated capacity.
    (G) When provided, a power-controlled lowering system must be 
capable of handling rated capacities and speeds as specified by the 
manufacturer.
    (f) Wire rope clips used in conjunction with wedge sockets must be 
attached to the unloaded dead end of the rope only, except that the use 
of devices specifically designed for dead-ending rope in a wedge socket 
is permitted.
    (g) Socketing must be done in the manner specified by the 
manufacturer of the wire rope or fitting.
    (h) Prior to cutting a wire rope, seizings must be placed on each 
side of the point to be cut. The length and number of seizings must be 
in accordance with the wire rope manufacturer's instructions.



Sec.  1926.1415  Safety devices.

    (a) Safety devices. The following safety devices are required on all 
equipment covered by this subpart, unless otherwise specified:
    (1) Crane level indicator. (i) The equipment must have a crane level 
indicator that is either built into the equipment or is available on the 
equipment.
    (ii) If a built-in crane level indicator is not working properly, it 
must be tagged-out or removed. If a removable crane level indicator is 
not working properly, it must be removed.
    (iii) This requirement does not apply to portal cranes, derricks, 
floating cranes/derricks and land cranes/derricks on barges, pontoons, 
vessels or other means of flotation.
    (2) Boom stops, except for derricks and hydraulic booms.
    (3) Jib stops (if a jib is attached), except for derricks.
    (4) Equipment with foot pedal brakes must have locks.
    (5) Hydraulic outrigger jacks and hydraulic stabilizer jacks must 
have an integral holding device/check valve.
    (6) Equipment on rails must have rail clamps and rail stops, except 
for portal cranes.
    (7) Horn. (i) The equipment must have a horn that is either built 
into the equipment or is on the equipment and immediately available to 
the operator.
    (ii) If a built-in horn is not working properly, it must be tagged-
out or removed. If a removable horn is not working properly, it must be 
removed.
    (b) Proper operation required. Operations must not begin unless all 
of the devices listed in this section are in proper working order. If a 
device stops working properly during operations, the operator must 
safely stop operations. If any of the devices listed in this section are 
not in proper working order, the equipment must be taken out of service 
and operations must not resume until the device is again working 
properly. See Sec.  1926.1417 (Operation). Alternative measures are not 
permitted to be used.

[[Page 700]]



Sec.  1926.1416  Operational aids.

    (a) The devices listed in this section (``listed operational aids'') 
are required on all equipment covered by this subpart, unless otherwise 
specified.
    (1) The requirements in paragraphs (e)(1), (e)(2), and (e)(3) of 
this section do not apply to articulating cranes.
    (2) The requirements in paragraphs (d)(3), (e)(1), and (e)(4) of 
this section apply only to those digger derricks manufactured after 
November 8, 2011.
    (b) Operations must not begin unless the listed operational aids are 
in proper working order, except where an operational aid is being 
repaired the employer uses the specified temporary alternative measures. 
The time periods permitted for repairing defective operational aids are 
specified in paragraphs (d) and (e) of this section. More protective 
alternative measures specified by the crane/derrick manufacturer, if 
any, must be followed.
    (c) If a listed operational aid stops working properly during 
operations, the operator must safely stop operations until the temporary 
alternative measures are implemented or the device is again working 
properly. If a replacement part is no longer available, the use of a 
substitute device that performs the same type of function is permitted 
and is not considered a modification under Sec.  1926.1434.
    (d) Category I operational aids and alternative measures. 
Operational aids listed in this paragraph that are not working properly 
must be repaired no later than 7 calendar days after the deficiency 
occurs. Exception: If the employer documents that it has ordered the 
necessary parts within 7 calendar days of the occurrence of the 
deficiency, the repair must be completed within 7 calendar days of 
receipt of the parts. See Sec.  1926.1417(j) for additional 
requirements.
    (1) Boom hoist limiting device. (i) For equipment manufactured after 
December 16, 1969, a boom hoist limiting device is required. Temporary 
alternative measures (use at least one). One or more of the following 
methods must be used:
    (A) Use a boom angle indicator.
    (B) Clearly mark the boom hoist cable (so that it can easily be seen 
by the operator) at a point that will give the operator sufficient time 
to stop the hoist to keep the boom within the minimum allowable radius. 
In addition, install mirrors or remote video cameras and displays if 
necessary for the operator to see the mark.
    (C) Clearly mark the boom hoist cable (so that it can easily be seen 
by a spotter) at a point that will give the spotter sufficient time to 
signal the operator and have the operator stop the hoist to keep the 
boom within the minimum allowable radius.
    (ii) If the equipment was manufactured on or before December 16, 
1969, and is not equipped with a boom hoist limiting device, at least 
one of the measures in paragraphs (d)(1)(i)(A) through (C) of this 
section must be used.
    (2) Luffing jib limiting device. Equipment with a luffing jib must 
have a luffing jib limiting device. Temporary alternative measures are 
the same as in paragraph (d)(1)(i) of this section, except to limit the 
movement of the luffing jib rather than the boom hoist.
    (3) Anti two-blocking device. (i) Telescopic boom cranes 
manufactured after February 28, 1992, must be equipped with a device 
which automatically prevents damage from contact between the load block, 
overhaul ball, or similar component, and the boom tip (or fixed upper 
block or similar component). The device(s) must prevent such damage at 
all points where two-blocking could occur.
    Temporary alternative measures: Clearly mark the cable (so that it 
can easily be seen by the operator) at a point that will give the 
operator sufficient time to stop the hoist to prevent two-blocking, and 
use a spotter when extending the boom.
    (ii) Lattice boom cranes. (A) Lattice boom cranes manufactured after 
Feb 28, 1992, must be equipped with a device that either automatically 
prevents damage and load failure from contact between the load block, 
overhaul ball, or similar component, and the boom tip (or fixed upper 
block or similar component), or warns the operator in time for the 
operator to prevent two-blocking. The device must prevent such damage/
failure or provide adequate warning for all points where two-blocking 
could occur.

[[Page 701]]

    (B) Lattice boom cranes and derricks manufactured after November 8, 
2011 must be equipped with a device which automatically prevents damage 
and load failure from contact between the load block, overhaul ball, or 
similar component, and the boom tip (or fixed upper block or similar 
component). The device(s) must prevent such damage/failure at all points 
where two-blocking could occur.
    (C) Exception. The requirements in paragraphs (d)(3)(ii)(A) and (B) 
of this section do not apply to such lattice boom equipment when used 
for dragline, clamshell (grapple), magnet, drop ball, container 
handling, concrete bucket, marine operations that do not involve 
hoisting personnel, and pile driving work.
    (D) Temporary alternative measures. Clearly mark the cable (so that 
it can easily be seen by the operator) at a point that will give the 
operator sufficient time to stop the hoist to prevent two-blocking, or 
use a spotter.
    (iii) Articulating cranes manufactured after December 31, 1999, that 
are equipped with a load hoist must be equipped with a device that 
automatically prevents damage from contact between the load block, 
overhaul ball, or similar component, and the boom tip (or fixed upper 
block or similar component). The device must prevent such damage at all 
points where two-blocking could occur. Temporary alternative measures: 
When two-blocking could only occur with movement of the load hoist, 
clearly mark the cable (so that it can easily be seen by the operator) 
at a point that will give the operator sufficient time to stop the hoist 
to prevent two-blocking, or use a spotter. When two-blocking could occur 
without movement of the load hoist, clearly mark the cable (so that it 
can easily be seen by the operator) at a point that will give the 
operator sufficient time to stop the hoist to prevent two-blocking, and 
use a spotter when extending the boom.
    (e) Category II operational aids and alternative measures. 
Operational aids listed in this paragraph that are not working properly 
must be repaired no later than 30 calendar days after the deficiency 
occurs. Exception: If the employer documents that it has ordered the 
necessary parts within 7 calendar days of the occurrence of the 
deficiency, and the part is not received in time to complete the repair 
in 30 calendar days, the repair must be completed within 7 calendar days 
of receipt of the parts. See Sec.  1926.1417(j) for additional 
requirements.
    (1) Boom angle or radius indicator. The equipment must have a boom 
angle or radius indicator readable from the operator's station. 
Temporary alternative measures: Radii or boom angle must be determined 
by measuring the radii or boom angle with a measuring device.
    (2) Jib angle indicator if the equipment has a luffing jib. 
Temporary alternative measures: Radii or jib angle must be determined by 
ascertaining the main boom angle and then measuring the radii or jib 
angle with a measuring device.
    (3) Boom length indicator if the equipment has a telescopic boom, 
except where the rated capacity is independent of the boom length. 
Temporary alternative measures. One or more of the following methods 
must be used:
    (i) Mark the boom with measured marks to calculate boom length,
    (ii) Calculate boom length from boom angle and radius measurements,
    (iii) Measure the boom with a measuring device.
    (4) Load weighing and similar devices. (i) Equipment (other than 
derricks and articulating cranes) manufactured after March 29, 2003 with 
a rated capacity over 6,000 pounds must have at least one of the 
following: load weighing device, load moment (or rated capacity) 
indicator, or load moment (or rated capacity) limiter. Temporary 
alternative measures: The weight of the load must be determined from a 
source recognized by the industry (such as the load's manufacturer) or 
by a calculation method recognized by the industry (such as calculating 
a steel beam from measured dimensions and a known per foot weight). This 
information must be provided to the operator prior to the lift.
    (ii) Articulating cranes manufactured after November 8, 2011 must 
have at least one of the following: automatic overload prevention 
device, load weighing device, load moment (or rated capacity) indicator, 
or load moment

[[Page 702]]

(rated capacity) limiter. Temporary alternative measures: The weight of 
the load must be determined from a source recognized by the industry 
(such as the load's manufacturer) or by a calculation method recognized 
by the industry (such as calculating a steel beam from measured 
dimensions and a known per foot weight). This information must be 
provided to the operator prior to the lift.
    (5) The following devices are required on equipment manufactured 
after November 8, 2011:
    (i) Outrigger/stabilizer position (horizontal beam extension) 
sensor/monitor if the equipment has outriggers or stabilizers. Temporary 
alternative measures: The operator must verify that the position of the 
outriggers or stabilizers is correct (in accordance with manufacturer 
procedures) before beginning operations requiring outrigger or 
stabilizer deployment.
    (ii) Hoist drum rotation indicator if the equipment has a hoist drum 
not visible from the operator's station. Temporary alternative measures: 
Mark the drum to indicate the rotation of the drum. In addition, install 
mirrors or remote video cameras and displays if necessary for the 
operator to see the mark.



Sec.  1926.1417  Operation.

    (a) The employer must comply with all manufacturer procedures 
applicable to the operational functions of equipment, including its use 
with attachments.
    (b) Unavailable operation procedures. (1) Where the manufacturer 
procedures are unavailable, the employer must develop and ensure 
compliance with all procedures necessary for the safe operation of the 
equipment and attachments.
    (2) Procedures for the operational controls must be developed by a 
qualified person.
    (3) Procedures related to the capacity of the equipment must be 
developed and signed by a registered professional engineer familiar with 
the equipment.
    (c) Accessibility of procedures. (1) The procedures applicable to 
the operation of the equipment, including rated capacities (load 
charts), recommended operating speeds, special hazard warnings, 
instructions, and operator's manual, must be readily available in the 
cab at all times for use by the operator.
    (2) Where rated capacities are available in the cab only in 
electronic form: In the event of a failure which makes the rated 
capacities inaccessible, the operator must immediately cease operations 
or follow safe shut-down procedures until the rated capacities (in 
electronic or other form) are available.
    (d) The operator must not engage in any practice or activity that 
diverts his/her attention while actually engaged in operating the 
equipment, such as the use of cellular phones (other than when used for 
signal communications).
    (e) Leaving the equipment unattended. (1) The operator must not 
leave the controls while the load is suspended, except where all of the 
following are met:
    (i) The operator remains adjacent to the equipment and is not 
engaged in any other duties.
    (ii) The load is to be held suspended for a period of time exceeding 
normal lifting operations.
    (iii) The competent person determines that it is safe to do so and 
implements measures necessary to restrain the boom hoist and 
telescoping, load, swing, and outrigger or stabilizer functions.
    (iv) Barricades or caution lines, and notices, are erected to 
prevent all employees from entering the fall zone. No employees, 
including those listed in Sec. Sec.  1926.1425(b)(1) through (3), Sec.  
1926.1425(d) or Sec.  1926.1425(e), are permitted in the fall zone.
    (2) The provisions in Sec.  1926.1417(e)(1) do not apply to working 
gear (such as slings, spreader bars, ladders, and welding machines) 
where the weight of the working gear is negligible relative to the 
lifting capacity of the equipment as positioned, and the working gear is 
suspended over an area other than an entrance or exit.
    (f) Tag-out--(1) Tagging out of service equipment/functions. Where 
the employer has taken the equipment out of service, a tag must be 
placed in the cab stating that the equipment is out of service and is 
not to be used. Where the employer has taken a function(s) out of

[[Page 703]]

service, a tag must be placed in a conspicuous position stating that the 
function is out of service and is not to be used.
    (2) Response to ``do not operate''/tag-out signs. (i) If there is a 
warning (tag-out or maintenance/do not operate) sign on the equipment or 
starting control, the operator must not activate the switch or start the 
equipment until the sign has been removed by a person authorized to 
remove it, or until the operator has verified that:
    (A) No one is servicing, working on, or otherwise in a dangerous 
position on the machine.
    (B) The equipment has been repaired and is working properly.
    (ii) If there is a warning (tag-out or maintenance/do not operate) 
sign on any other switch or control, the operator must not activate that 
switch or control until the sign has been removed by a person authorized 
to remove it, or until the operator has verified that the requirements 
in paragraphs (f)(2)(i)(A) and (B) of this section have been met.
    (g) Before starting the engine, the operator must verify that all 
controls are in the proper starting position and that all personnel are 
in the clear.
    (h) Storm warning. When a local storm warning has been issued, the 
competent person must determine whether it is necessary to implement 
manufacturer recommendations for securing the equipment.
    (i) [Reserved]
    (j) If equipment adjustments or repairs are necessary:
    (1) The operator must, in writing, promptly inform the person 
designated by the employer to receive such information and, where there 
are successive shifts, to the next operator; and
    (2) The employer must notify all affected employees, at the 
beginning of each shift, of the necessary adjustments or repairs and all 
alternative measures.
    (k) Safety devices and operational aids must not be used as a 
substitute for the exercise of professional judgment by the operator.
    (l) [Reserved]
    (m) If the competent person determines that there is a slack rope 
condition requiring re-spooling of the rope, it must be verified (before 
starting to lift) that the rope is seated on the drum and in the sheaves 
as the slack is removed.
    (n) The competent person must adjust the equipment and/or operations 
to address the effect of wind, ice, and snow on equipment stability and 
rated capacity.
    (o) Compliance with rated capacity. (1) The equipment must not be 
operated in excess of its rated capacity.
    (2) The operator must not be required to operate the equipment in a 
manner that would violate paragraph (o)(1) of this section.
    (3) Load weight. The operator must verify that the load is within 
the rated capacity of the equipment by at least one of the following 
methods:
    (i) The weight of the load must be determined from a source 
recognized by the industry (such as the load's manufacturer), or by a 
calculation method recognized by the industry (such as calculating a 
steel beam from measured dimensions and a known per foot weight), or by 
other equally reliable means. In addition, when requested by the 
operator, this information must be provided to the operator prior to the 
lift; or
    (ii) The operator must begin hoisting the load to determine, using a 
load weighing device, load moment indicator, rated capacity indicator, 
or rated capacity limiter, if it exceeds 75 percent of the maximum rated 
capacity at the longest radius that will be used during the lift 
operation. If it does, the operator must not proceed with the lift until 
he/she verifies the weight of the load in accordance with paragraph 
(o)(3)(i) of this section.
    (p) The boom or other parts of the equipment must not contact any 
obstruction.
    (q) The equipment must not be used to drag or pull loads sideways.
    (r) On wheel-mounted equipment, no loads must be lifted over the 
front area, except as permitted by the manufacturer.
    (s) The operator must test the brakes each time a load that is 90% 
or more of the maximum line pull is handled by lifting the load a few 
inches and applying the brakes. In duty cycle and repetitive lifts where 
each lift is 90% or

[[Page 704]]

more of the maximum line pull, this requirement applies to the first 
lift but not to successive lifts.
    (t) Neither the load nor the boom must be lowered below the point 
where less than two full wraps of rope remain on their respective drums.
    (u) Traveling with a load. (1) Traveling with a load is prohibited 
if the practice is prohibited by the manufacturer.
    (2) Where traveling with a load, the employer must ensure that:
    (i) A competent person supervises the operation, determines if it is 
necessary to reduce rated capacity, and makes determinations regarding 
load position, boom location, ground support, travel route, overhead 
obstructions, and speed of movement necessary to ensure safety.
    (ii) The determinations of the competent person required in 
paragraph (u)(2)(i) of this section are implemented.
    (iii) For equipment with tires, tire pressure specified by the 
manufacturer is maintained.
    (v) Rotational speed of the equipment must be such that the load 
does not swing out beyond the radius at which it can be controlled.
    (w) A tag or restraint line must be used if necessary to prevent 
rotation of the load that would be hazardous.
    (x) The brakes must be adjusted in accordance with manufacturer 
procedures to prevent unintended movement.
    (y) The operator must obey a stop (or emergency stop) signal, 
irrespective of who gives it.
    (z) Swinging locomotive cranes. A locomotive crane must not be swung 
into a position where railway cars on an adjacent track could strike it, 
until it is determined that cars are not being moved on the adjacent 
track and that proper flag protection has been established.
    (aa) Counterweight/ballast. (1) The following applies to equipment 
other than tower cranes:
    (i) Equipment must not be operated without the counterweight or 
ballast in place as specified by the manufacturer.
    (ii) The maximum counterweight or ballast specified by the 
manufacturer for the equipment must not be exceeded.
    (2) Counterweight/ballast requirements for tower cranes are 
specified in Sec.  1926.1435(b)(8).



Sec.  1926.1418  Authority to stop operation.

    Whenever there is a concern as to safety, the operator must have the 
authority to stop and refuse to handle loads until a qualified person 
has determined that safety has been assured.



Sec.  1926.1419  Signals--general requirements.

    (a) A signal person must be provided in each of the following 
situations:
    (1) The point of operation, meaning the load travel or the area near 
or at load placement, is not in full view of the operator.
    (2) When the equipment is traveling, the view in the direction of 
travel is obstructed.
    (3) Due to site specific safety concerns, either the operator or the 
person handling the load determines that it is necessary.
    (b) Types of signals. Signals to operators must be by hand, voice, 
audible, or new signals.
    (c) Hand signals. (1) When using hand signals, the Standard Method 
must be used (see appendix A of this subpart). Exception: Where use of 
the Standard Method for hand signals is infeasible, or where an 
operation or use of an attachment is not covered in the Standard Method, 
non-standard hand signals may be used in accordance with paragraph 
(c)(2) of this section.
    (2) Non-standard hand signals. When using non-standard hand signals, 
the signal person, operator, and lift director (where there is one) must 
contact each other prior to the operation and agree on the non-standard 
hand signals that will be used.
    (d) New signals. Signals other than hand, voice, or audible signals 
may be used where the employer demonstrates that:
    (1) The new signals provide at least equally effective communication 
as voice, audible, or Standard Method hand signals, or

[[Page 705]]

    (2) The new signals comply with a national consensus standard that 
provides at least equally effective communication as voice, audible, or 
Standard Method hand signals.
    (e) Suitability. The signals used (hand, voice, audible, or new), 
and means of transmitting the signals to the operator (such as direct 
line of sight, video, radio, etc.), must be appropriate for the site 
conditions.
    (f) During operations requiring signals, the ability to transmit 
signals between the operator and signal person must be maintained. If 
that ability is interrupted at any time, the operator must safely stop 
operations requiring signals until it is reestablished and a proper 
signal is given and understood.
    (g) If the operator becomes aware of a safety problem and needs to 
communicate with the signal person, the operator must safely stop 
operations. Operations must not resume until the operator and signal 
person agree that the problem has been resolved.
    (h) Only one person may give signals to a crane/derrick at a time, 
except in circumstances covered by paragraph (j) of this section.
    (i) [Reserved]
    (j) Anyone who becomes aware of a safety problem must alert the 
operator or signal person by giving the stop or emergency stop signal. 
(Note: Sec.  1926.1417(y) requires the operator to obey a stop or 
emergency stop signal).
    (k) All directions given to the operator by the signal person must 
be given from the operator's direction perspective.
    (l) [Reserved]
    (m) Communication with multiple cranes/derricks. Where a signal 
person(s) is in communication with more than one crane/derrick, a system 
must be used for identifying the crane/derrick each signal is for, as 
follows:
    (1) for each signal, prior to giving the function/direction, the 
signal person must identify the crane/derrick the signal is for, or
    (2) must use an equally effective method of identifying which crane/
derrick the signal is for.



Sec.  1926.1420  Signals--radio, telephone or other electronic 
transmission of signals.

    (a) The device(s) used to transmit signals must be tested on site 
before beginning operations to ensure that the signal transmission is 
effective, clear, and reliable.
    (b) Signal transmission must be through a dedicated channel, except:
    (1) Multiple cranes/derricks and one or more signal persons may 
share a dedicated channel for the purpose of coordinating operations.
    (2) Where a crane is being operated on or adjacent to railroad 
tracks, and the actions of the crane operator need to be coordinated 
with the movement of other equipment or trains on the same or adjacent 
tracks.
    (c) The operator's reception of signals must be by a hands-free 
system.



Sec.  1926.1421  Signals--voice signals--additional requirements.

    (a) Prior to beginning operations, the operator, signal person and 
lift director (if there is one), must contact each other and agree on 
the voice signals that will be used. Once the voice signals are agreed 
upon, these workers need not meet again to discuss voice signals unless 
another worker is added or substituted, there is confusion about the 
voice signals, or a voice signal is to be changed.
    (b) Each voice signal must contain the following three elements, 
given in the following order: function (such as hoist, boom, etc.), 
direction; distance and/or speed; function, stop command.
    (c) The operator, signal person and lift director (if there is one), 
must be able to effectively communicate in the language used.



Sec.  1926.1422  Signals--hand signal chart.

    Hand signal charts must be either posted on the equipment or 
conspicuously posted in the vicinity of the hoisting operations.



Sec.  1926.1423  Fall protection.

    (a) Application. (1) Paragraphs (b), (c)(3), (e) and (f) of this 
section apply to all equipment covered by this subpart except tower 
cranes.

[[Page 706]]

    (2) Paragraphs (c)(1), (c)(2), (d), (g), (j) and (k) of this section 
apply to all equipment covered by this subpart.
    (3) Paragraphs (c)(4) and (h) of this section apply only to tower 
cranes.
    (b) Boom walkways. (1) Equipment manufactured after November 8, 2011 
with lattice booms must be equipped with walkways on the boom(s) if the 
vertical profile of the boom (from cord centerline to cord centerline) 
is 6 or more feet.
    (2) Boom walkway criteria. (i) The walkways must be at least 12 
inches wide.
    (ii) Guardrails, railings and other permanent fall protection 
attachments along walkways are:
    (A) Not required.
    (B) Prohibited on booms supported by pendant ropes or bars if the 
guardrails/railings/attachments could be snagged by the ropes or bars.
    (C) Prohibited if of the removable type (designed to be installed 
and removed each time the boom is assembled/disassembled).
    (D) Where not prohibited, guardrails or railings may be of any 
height up to, but not more than, 45 inches.
    (c) Steps, handholds, ladders, grabrails, guardrails and railings. 
(1) Section 1926.502(b) does not apply to equipment covered by this 
subpart.
    (2) The employer must maintain in good condition originally-equipped 
steps, handholds, ladders and guardrails/railings/grabrails.
    (3) Equipment manufactured after November 8, 2011 must be equipped 
so as to provide safe access and egress between the ground and the 
operator work station(s), including the forward and rear positions, by 
the provision of devices such as steps, handholds, ladders, and 
guardrails/railings/grabrails. These devices must meet the following 
criteria:
    (i) Steps, handholds, ladders and guardrails/railings/grabrails must 
meet the criteria of SAE J185 (May 2003) (incorporated by reference, see 
Sec.  1926.6) or ISO 11660-2:1994(E) (incorporated by reference, see 
Sec.  1926.6) except where infeasible.
    (ii) Walking/stepping surfaces, except for crawler treads, must have 
slip-resistant features/properties (such as diamond plate metal, 
strategically placed grip tape, expanded metal, or slip-resistant 
paint).
    (4) Tower cranes manufactured after November 8, 2011 must be 
equipped so as to provide safe access and egress between the ground and 
the cab, machinery platforms, and tower (mast), by the provision of 
devices such as steps, handholds, ladders, and guardrails/railings/
grabrails. These devices must meet the following criteria:
    (i) Steps, handholds, ladders, and guardrails/railings/grabrails 
must meet the criteria of ISO 11660-1:2008(E) (incorporated by 
reference, see Sec.  1926.6) and ISO 11660-3:2008(E) (incorporated by 
reference, see Sec.  1926.6) or SAE J185 (May 2003) (incorporated by 
reference, see Sec.  1926.6) except where infeasible.
    (ii) Walking/stepping surfaces must have slip-resistant features/
properties (such as diamond plate metal, strategically placed grip tape, 
expanded metal, or slip-resistant paint).
    (d) Personal fall arrest and fall restraint systems. Personal fall 
arrest system components must be used in personal fall arrest and fall 
restraint systems and must conform to the criteria in Sec.  1926.502(d) 
except that Sec.  1926.502(d)(15) does not apply to components used in 
personal fall arrest and fall restraint systems. Either body belts or 
body harnesses must be used in personal fall arrest and fall restraint 
systems.
    (e) For non-assembly/disassembly work, the employer must provide and 
ensure the use of fall protection equipment for employees who are on a 
walking/working surface with an unprotected side or edge more than 6 
feet above a lower level as follows:
    (1) When moving point-to-point:
    (i) On non-lattice booms (whether horizontal or not horizontal).
    (ii) On lattice booms that are not horizontal.
    (iii) On horizontal lattice booms where the fall distance is 15 feet 
or more.
    (2) While at a work station on any part of the equipment (including 
the boom, of any type), except when the employee is at or near draw-
works (when the equipment is running), in the cab, or on the deck.
    (f) For assembly/disassembly work, the employer must provide and 
ensure

[[Page 707]]

the use of fall protection equipment for employees who are on a walking/
working surface with an unprotected side or edge more than 15 feet above 
a lower level, except when the employee is at or near draw-works (when 
the equipment is running), in the cab, or on the deck.
    (g) Anchorage criteria. (1) Sections 1926.502(d)(15) and 
1926.502(e)(2) apply to equipment covered by this subpart only to the 
extent delineated in paragraph (g)(2) of this section.
    (2) Anchorages for personal fall arrest and positioning device 
systems. (i) Personal fall arrest systems must be anchored to any 
apparently substantial part of the equipment unless a competent person, 
from a visual inspection, without an engineering analysis, would 
conclude that the criteria in Sec.  1926.502(d)(15) would not be met.
    (ii) Positioning device systems must be anchored to any apparently 
substantial part of the equipment unless a competent person, from a 
visual inspection, without an engineering analysis, would conclude that 
the criteria in Sec.  1926.502(e)(2) would not be met.
    (iii) Attachable anchor devices (portable anchor devices that are 
attached to the equipment) must meet the anchorage criteria in Sec.  
1926.502(d)(15) for personal fall arrest systems and Sec.  
1926.502(e)(2) for positioning device systems.
    (3) Anchorages for fall restraint systems. Fall restraint systems 
must be anchored to any part of the equipment that is capable of 
withstanding twice the maximum load that an employee may impose on it 
during reasonably anticipated conditions of use.
    (h) Tower cranes. (1) For work other than erecting, climbing, and 
dismantling, the employer must provide and ensure the use of fall 
protection equipment for employees who are on a walking/working surface 
with an unprotected side or edge more than 6 feet above a lower level, 
except when the employee is at or near draw-works (when the equipment is 
running), in the cab, or on the deck.
    (2) For erecting, climbing, and dismantling work, the employer must 
provide and ensure the use of fall protection equipment for employees 
who are on a walking/working surface with an unprotected side or edge 
more than 15 feet above a lower level.
    (i) [Reserved]
    (j) Anchoring to the load line. A personal fall arrest system is 
permitted to be anchored to the crane/derrick's hook (or other part of 
the load line) where all of the following requirements are met:
    (1) A qualified person has determined that the set-up and rated 
capacity of the crane/derrick (including the hook, load line and 
rigging) meets or exceeds the requirements in Sec.  1926.502(d)(15).
    (2) The equipment operator must be at the work site and informed 
that the equipment is being used for this purpose.
    (3) No load is suspended from the load line when the personal fall 
arrest system is anchored to the crane/derrick's hook (or other part of 
the load line).
    (k) Training. The employer must train each employee who may be 
exposed to fall hazards while on, or hoisted by, equipment covered by 
this subpart on all of the following:
    (1) the requirements in this subpart that address fall protection.
    (2) the applicable requirements in Sec. Sec.  1926.500 and 1926.502.



Sec.  1926.1424  Work area control.

    (a) Swing radius hazards. (1) The requirements in paragraph (a)(2) 
of this section apply where there are accessible areas in which the 
equipment's rotating superstructure (whether permanently or temporarily 
mounted) poses a reasonably foreseeable risk of:
    (i) Striking and injuring an employee; or
    (ii) Pinching/crushing an employee against another part of the 
equipment or another object.
    (2) To prevent employees from entering these hazard areas, the 
employer must:
    (i) Train each employee assigned to work on or near the equipment 
(``authorized personnel'') in how to recognize struck-by and pinch/crush 
hazard areas posed by the rotating superstructure.
    (ii) Erect and maintain control lines, warning lines, railings or 
similar barriers to mark the boundaries of the

[[Page 708]]

hazard areas. Exception: When the employer can demonstrate that it is 
neither feasible to erect such barriers on the ground nor on the 
equipment, the hazard areas must be clearly marked by a combination of 
warning signs (such as ``Danger--Swing/Crush Zone'') and high visibility 
markings on the equipment that identify the hazard areas. In addition, 
the employer must train each employee to understand what these markings 
signify.
    (3) Protecting employees in the hazard area. (i) Before an employee 
goes to a location in the hazard area that is out of view of the 
operator, the employee (or someone instructed by the employee) must 
ensure that the operator is informed that he/she is going to that 
location.
    (ii) Where the operator knows that an employee went to a location 
covered by paragraph (a)(1) of this section, the operator must not 
rotate the superstructure until the operator is informed in accordance 
with a pre-arranged system of communication that the employee is in a 
safe position.
    (b) Where any part of a crane/derrick is within the working radius 
of another crane/derrick, the controlling entity must institute a system 
to coordinate operations. If there is no controlling entity, the 
employer (if there is only one employer operating the multiple pieces of 
equipment), or employers, must institute such a system.



Sec.  1926.1425  Keeping clear of the load.

    (a) Where available, hoisting routes that minimize the exposure of 
employees to hoisted loads must be used, to the extent consistent with 
public safety.
    (b) While the operator is not moving a suspended load, no employee 
must be within the fall zone, except for employees:
    (1) Engaged in hooking, unhooking or guiding a load;
    (2) Engaged in the initial attachment of the load to a component or 
structure; or
    (3) Operating a concrete hopper or concrete bucket.
    (c) When employees are engaged in hooking, unhooking, or guiding the 
load, or in the initial connection of a load to a component or structure 
and are within the fall zone, all of the following criteria must be met:
    (1) The materials being hoisted must be rigged to prevent 
unintentional displacement.
    (2) Hooks with self-closing latches or their equivalent must be 
used. Exception: ``J'' hooks are permitted to be used for setting wooden 
trusses.
    (3) The materials must be rigged by a qualified rigger.
    (d) Receiving a load. Only employees needed to receive a load are 
permitted to be within the fall zone when a load is being landed.
    (e) During a tilt-up or tilt-down operation:
    (1) No employee must be directly under the load.
    (2) Only employees essential to the operation are permitted in the 
fall zone (but not directly under the load). An employee is essential to 
the operation if the employee is conducting one of the following 
operations and the employer can demonstrate it is infeasible for the 
employee to perform that operation from outside the fall zone: (1) 
Physically guide the load; (2) closely monitor and give instructions 
regarding the load's movement; or (3) either detach it from or initially 
attach it to another component or structure (such as, but not limited 
to, making an initial connection or installing bracing).

    Note: Boom free fall is prohibited when an employee is in the fall 
zone of the boom or load, and load line free fall is prohibited when an 
employee is directly under the load; see Sec.  1926.1426.



Sec.  1926.1426  Free fall and controlled load lowering.

    (a) Boom free fall prohibitions. (1) The use of equipment in which 
the boom is designed to free fall (live boom) is prohibited in each of 
the following circumstances:
    (i) An employee is in the fall zone of the boom or load.
    (ii) An employee is being hoisted.
    (iii) The load or boom is directly over a power line, or over any 
part of the area extending the Table A of Sec.  1926.1408 clearance 
distance to each side of the power line; or any part of the area 
extending the Table A clearance distance to each side of the power line 
is within

[[Page 709]]

the radius of vertical travel of the boom or the load.
    (iv) The load is over a shaft, except where there are no employees 
in the shaft.
    (v) The load is over a cofferdam, except where there are no 
employees in the fall zone of the boom or the load.
    (vi) Lifting operations are taking place in a refinery or tank farm.
    (2) The use of equipment in which the boom is designed to free fall 
(live boom) is permitted only where none of the circumstances listed in 
paragraph (a)(1) of this section are present and:
    (i) The equipment was manufactured prior to October 31, 1984; or
    (ii) The equipment is a floating crane/derrick or a land crane/
derrick on a vessel/flotation device.
    (b) Preventing boom free fall. Where the use of equipment with a 
boom that is designed to free fall (live boom) is prohibited, the boom 
hoist must have a secondary mechanism or device designed to prevent the 
boom from falling in the event the primary system used to hold or 
regulate the boom hoist fails, as follows:
    (1) Friction drums must have:
    (i) A friction clutch and, in addition, a braking device, to allow 
for controlled boom lowering.
    (ii) A secondary braking or locking device, which is manually or 
automatically engaged, to back-up the primary brake while the boom is 
held (such as a secondary friction brake or a ratchet and pawl device).
    (2) Hydraulic drums must have an integrally mounted holding device 
or internal static brake to prevent boom hoist movement in the event of 
hydraulic failure.
    (3) Neither clutches nor hydraulic motors must be considered brake 
or locking devices for purposes of this subpart.
    (4) Hydraulic boom cylinders must have an integrally mounted holding 
device.
    (c) Preventing uncontrolled retraction. Hydraulic telescoping booms 
must have an integrally mounted holding device to prevent the boom from 
retracting in the event of hydraulic failure.
    (d) Load line free fall. In each of the following circumstances, 
controlled load lowering is required and free fall of the load line 
hoist is prohibited:
    (1) An employee is directly under the load.
    (2) An employee is being hoisted.
    (3) The load is directly over a power line, or over any part of the 
area extending the Table A of Sec.  1926.1408 clearance distance to each 
side of the power line; or any part of the area extending the Table A of 
Sec.  1926.1408 clearance distance to each side of the power line is 
within the radius of vertical travel of the load.
    (4) The load is over a shaft.
    (5) The load is over a cofferdam, except where there are no 
employees in the fall zone of the load.



Sec.  1926.1427  Operator training, certification, and evaluation.

    (a) General requirements for operators. The employer must ensure 
that each operator is trained, certified/licensed, and evaluated in 
accordance with this section before operating any equipment covered 
under subpart CC, except for the equipment listed in paragraph (a)(2) of 
this section.
    (1) Operation during training. An employee who has not been 
certified/licensed and evaluated to operate assigned equipment in 
accordance with this section may only operate the equipment as an 
operator-in-training under supervision in accordance with the 
requirements of paragraph (b) of this section.
    (2) Exceptions. Operators of derricks (see Sec.  1926.1436), 
sideboom cranes (see Sec.  1926.1440), or equipment with a maximum 
manufacturer-rated hoisting/lifting capacity of 2,000 pounds or less 
(see Sec.  1926.1441) are not required to comply with Sec.  1926.1427. 
Note: The training requirements in those other sections continue to 
apply (for the training requirement for operators of sideboom cranes, 
follow section 1926.1430(c)).
    (3) Qualification by the U.S. military. (i) For purposes of this 
section, an operator who is an employee of the U.S. military meets the 
requirements of this section if he/she has a current operator 
qualification issued by the U.S. military for operation of the 
equipment. An employee of the U.S. military is a Federal employee of the 
Department of Defense or Armed Forces and

[[Page 710]]

does not include employees of private contractors.
    (ii) A qualification under this paragraph is:
    (A) Not portable: Such a qualification meets the requirements of 
paragraph (a) of this section only where the operator is employed by 
(and operating the equipment for) the employer that issued the 
qualification.
    (B) Valid for the period of time stipulated by the issuing entity.
    (b) Operator training. The employer must provide each operator-in-
training with sufficient training, through a combination of formal and 
practical instruction, to ensure that the operator-in-training develops 
the skills, knowledge, and ability to recognize and avert risk necessary 
to operate the equipment safely for assigned work.
    (1) The employer must provide instruction on the knowledge and 
skills listed in paragraphs (j)(1) and (2) of this section to the 
operator-in-training.
    (2) The operator-in-training must be continuously monitored on site 
by a trainer while operating equipment.
    (3) The employer may only assign tasks within the operator-in-
training's ability. However, except as provided in paragraph (b)(3)(v) 
of this section, the operator-in-training shall not operate the 
equipment in any of the following circumstances unless certified in 
accordance with paragraph (c) of this section:
    (i) If any part of the equipment, load line, or load (including 
rigging and lifting accessories), if operated up to the equipment's 
maximum working radius in the work zone (see Sec.  1926.1408(a)(1)), 
could get within 20 feet of a power line that is up to 350 kV, or within 
50 feet of a power line that is over 350 kV.
    (ii) If the equipment is used to hoist personnel.
    (iii) In multiple-equipment lifts.
    (iv) If the equipment is used over a shaft, cofferdam, or in a tank 
farm.
    (v) In multiple-lift rigging operations, except where the operator's 
trainer determines that the operator-in-training's skills are sufficient 
for this high-skill work.
    (4) The employer must ensure that an operator-in-training is 
monitored as follows when operating equipment covered by this subpart:
    (i) While operating the equipment, the operator-in-training must be 
continuously monitored by an individual (``operator's trainer'') who 
meets all of the following requirements:
    (A) The operator's trainer is an employee or agent of the operator-
in-training's employer.
    (B) The operator's trainer has the knowledge, training, and 
experience necessary to direct the operator-in-training on the equipment 
in use.
    (ii) While monitoring the operator-in-training, the operator's 
trainer performs no tasks that detract from the trainer's ability to 
monitor the operator-in-training.
    (iii) For equipment other than tower cranes: The operator's trainer 
and the operator-in-training must be in direct line of sight of each 
other. In addition, they must communicate verbally or by hand signals. 
For tower cranes: The operator's trainer and the operator-in-training 
must be in direct communication with each other.
    (iv) The operator-in-training must be monitored by the operator's 
trainer at all times, except for short breaks where all of the following 
are met:
    (A) The break lasts no longer than 15 minutes and there is no more 
than one break per hour.
    (B) Immediately prior to the break the operator's trainer informs 
the operator-in-training of the specific tasks that the operator-in-
training is to perform and limitations to which he/she must adhere 
during the operator trainer's break.
    (C) The specific tasks that the operator-in-training will perform 
during the operator trainer's break are within the operator-in-
training's abilities.
    (5) Retraining. The employer must provide retraining in relevant 
topics for each operator when, based on the performance of the operator 
or an evaluation of the operator's knowledge, there is an indication 
that retraining is necessary.
    (c) Operator certification and licensing. The employer must ensure 
that each operator is certified or licensed to operate the equipment as 
follows:
    (1) Licensing. When a state or local government issues operator 
licenses for equipment covered under subpart CC,

[[Page 711]]

the equipment operator must be licensed by that government entity for 
operation of equipment within that entity's jurisdiction if that 
government licensing program meets the following requirements:
    (i) The requirements for obtaining the license include an 
assessment, by written and practical tests, of the operator applicant 
regarding, at a minimum, the knowledge and skills listed in paragraphs 
(j)(1) and (2) of this section.
    (ii) The testing meets industry-recognized criteria for written 
testing materials, practical examinations, test administration, grading, 
facilities/equipment, and personnel.
    (iii) The government authority that oversees the licensing 
department/office has determined that the requirements in paragraphs 
(c)(1)(i) and (ii) of this section have been met.
    (iv) The licensing department/office has testing procedures for re-
licensing designed to ensure that the operator continues to meet the 
technical knowledge and skills requirements in paragraphs (j)(1) and (2) 
of this section.
    (v) For the purposes of compliance with this section, a license is 
valid for the period of time stipulated by the licensing department/
office, but no longer than 5 years.
    (2) Certification. When an operator is not required to be licensed 
under paragraph (c)(1) of this section, the operator must be certified 
in accordance with paragraph (d) or (e) of this section.
    (3) No cost to employees. Whenever operator certification/licensure 
is required under this section, the employer must provide the 
certification/licensure at no cost to employees.
    (4) Provision of testing and training. A testing entity is permitted 
to provide training as well as testing services as long as the criteria 
of the applicable governmental or accrediting agency (in the option 
selected) for an organization providing both services are met.
    (d) Certification by an accredited crane operator testing 
organization. (1) For a certification to satisfy the requirements of 
this section, the crane operator testing organization providing the 
certification must:
    (i) Be accredited by a nationally recognized accrediting agency 
based on that agency's determination that industry-recognized criteria 
for written testing materials, practical examinations, test 
administration, grading, facilities/equipment, and personnel have been 
met.
    (ii) Administer written and practical tests that:
    (A) Assess the operator applicant regarding, at a minimum, the 
knowledge and skills listed in paragraphs (j)(1) and (2) of this 
section.
    (B) Provide certification based on equipment type, or type and 
capacity.
    (iii) Have procedures for operators to re-apply and be re-tested in 
the event an operator applicant fails a test or is decertified.
    (iv) Have testing procedures for re-certification designed to ensure 
that the operator continues to meet the technical knowledge and skills 
requirements in paragraphs (j)(1) and (2) of this section.
    (v) Have its accreditation reviewed by the nationally recognized 
accrediting agency at least every 3 years.
    (2) If no accredited testing agency offers certification 
examinations for a particular type of equipment, an operator will be 
deemed to have complied with the certification requirements of this 
section for that equipment if the operator has been certified for the 
type that is most similar to that equipment and for which a 
certification examination is available. The operator's certificate must 
state the type of equipment for which the operator is certified.
    (3) A certification issued under this option is portable among 
employers who are required to have operators certified under this 
option.
    (4) A certification issued under this paragraph is valid for 5 
years.
    (e) Audited employer program. The employer's certification of its 
employee must meet the following requirements:
    (1) Testing. The written and practical tests must be either:
    (i) Developed by an accredited crane operator testing organization 
(see paragraph (d) of this section); or
    (ii) Approved by an auditor in accordance with the following 
requirements:
    (A) The auditor is certified to evaluate such tests by an accredited 
crane

[[Page 712]]

operator testing organization (see paragraph (d) of this section).
    (B) The auditor is not an employee of the employer.
    (C) The approval must be based on the auditor's determination that 
the written and practical tests meet nationally recognized test 
development criteria and are valid and reliable in assessing the 
operator applicants regarding, at a minimum, the knowledge and skills 
listed in paragraphs (j)(1) and (2) of this section.
    (D) The audit must be conducted in accordance with nationally 
recognized auditing standards.
    (2) Administration of tests. (i) The written and practical tests 
must be administered under circumstances approved by the auditor as 
meeting nationally recognized test administration standards.
    (ii) The auditor must be certified to evaluate the administration of 
the written and practical tests by an accredited crane operator testing 
organization (see paragraph (d) of this section).
    (iii) The auditor must not be an employee of the employer.
    (iv) The audit must be conducted in accordance with nationally 
recognized auditing standards.
    (3) Timing of audit. The employer program must be audited within 3 
months of the beginning of the program and at least every 3 years 
thereafter.
    (4) Requalification. The employer program must have testing 
procedures for re-qualification designed to ensure that the operator 
continues to meet the technical knowledge and skills requirements in 
paragraphs (j)(1) and (2) of this section. The re-qualification 
procedures must be audited in accordance with paragraphs (e)(1) and (2) 
of this section.
    (5) Deficiencies. If the auditor determines that there is a 
significant deficiency (``deficiency'') in the program, the employer 
must ensure that:
    (i) No operator is qualified until the auditor confirms that the 
deficiency has been corrected.
    (ii) The program is audited again within 180 days of the 
confirmation that the deficiency was corrected.
    (iii) The auditor files a documented report of the deficiency to the 
appropriate Regional Office of the Occupational Safety and Health 
Administration within 15 days of the auditor's determination that there 
is a deficiency.
    (iv) Records of the audits of the employer's program are maintained 
by the auditor for 3 years and are made available by the auditor to the 
Secretary of Labor or the Secretary's designated representative upon 
request.
    (6) Audited-program certificates. A certification under this 
paragraph is:
    (i) Not portable: Such a certification meets the requirements of 
paragraph (c) of this section only where the operator is employed by 
(and operating the equipment for) the employer that issued the 
certification.
    (ii) Valid for 5 years.
    (f) Evaluation. (1) Through an evaluation, the employer must ensure 
that each operator is qualified by a demonstration of:
    (i) The skills and knowledge, as well as the ability to recognize 
and avert risk, necessary to operate the equipment safely, including 
those specific to the safety devices, operational aids, software, and 
the size and configuration of the equipment. Size and configuration 
includes, but is not limited to, lifting capacity, boom length, 
attachments, luffing jib, and counterweight set-up.
    (ii) The ability to perform the hoisting activities required for 
assigned work, including, if applicable, blind lifts, personnel 
hoisting, and multi-crane lifts.
    (2) For operators employed prior to December 10, 2018, the employer 
may rely on its previous assessments of the operator in lieu of 
conducting a new evaluation of that operator's existing knowledge and 
skills.
    (3) The definition of ``qualified'' in Sec.  1926.32 does not apply 
to paragraph (f)(1) of this section: Possession of a certificate or 
degree cannot, by itself, cause a person to be qualified for purposes of 
paragraph (f)(1).
    (4) The evaluation required under paragraph (f)(1) of this section 
must be conducted by an individual who has the knowledge, training, and 
experience necessary to assess equipment operators.

[[Page 713]]

    (5) The evaluator must be an employee or agent of the employer. 
Employers that assign evaluations to an agent retain the duty to ensure 
that the requirements in paragraph (f) are satisfied. Once the 
evaluation is completed successfully, the employer may allow the 
operator to operate other equipment that the employer can demonstrate 
does not require substantially different skills, knowledge, or ability 
to recognize and avert risk to operate.
    (6) The employer must document the completion of the evaluation. 
This document must provide: The operator's name; the evaluator's name 
and signature; the date; and the make, model, and configuration of 
equipment used in the evaluation. The employer must make the document 
available at the worksite while the operator is employed by the 
employer. For operators assessed per paragraph (f)(2) of this section, 
the documentation must reflect the date of the employer's determination 
of the operator's abilities and the make, model and configuration of 
equipment on which the operator has previously demonstrated competency.
    (7) When an employer is required to provide an operator with 
retraining under paragraph (b)(5) of this section, the employer must re-
evaluate the operator with respect to the subject of the retraining.
    (g) [Reserved]
    (h) Language and literacy requirements. (1) Tests under this section 
may be administered verbally, with answers given verbally, where the 
operator candidate:
    (i) Passes a written demonstration of literacy relevant to the work.
    (ii) Demonstrates the ability to use the type of written 
manufacturer procedures applicable to the class/type of equipment for 
which the candidate is seeking certification.
    (2) Tests under this section may be administered in any language the 
operator candidate understands, and the operator's certification 
documentation must note the language in which the test was given. The 
operator is only permitted to operate equipment that is furnished with 
materials required by this subpart, such as operations manuals and load 
charts, that are written in the language of the certification.
    (i) [Reserved]
    (j) Certification criteria. Certifications must be based on the 
following:
    (1) A determination through a written test that:
    (i) The individual knows the information necessary for safe 
operation of the specific type of equipment the individual will operate, 
including all of the following:
    (A) The controls and operational/performance characteristics.
    (B) Use of, and the ability to calculate (manually or with a 
calculator), load/capacity information on a variety of configurations of 
the equipment.
    (C) Procedures for preventing and responding to power line contact.
    (D) Technical knowledge of the subject matter criteria listed in 
appendix C of this subpart applicable to the specific type of equipment 
the individual will operate. Use of the appendix C criteria meets the 
requirements of this provision.
    (E) Technical knowledge applicable to the suitability of the 
supporting ground and surface to handle expected loads, site hazards, 
and site access.
    (F) This subpart, including applicable incorporated materials.
    (ii) The individual is able to read and locate relevant information 
in the equipment manual and other materials containing information 
referred to in paragraph (j)(1)(i) of this section.
    (2) A determination through a practical test that the individual has 
the skills necessary for safe operation of the equipment, including the 
following:
    (i) Ability to recognize, from visual and auditory observation, the 
items listed in Sec.  1926.1412(d) (shift inspection).
    (ii) Operational and maneuvering skills.
    (iii) Application of load chart information.
    (iv) Application of safe shut-down and securing procedures.
    (k) Effective dates. (1) Apart from the evaluation and documentation 
requirements in paragraphs (a) and (f), this section is effective on 
December 10, 2018.
    (2) The evaluation and documentation requirements in paragraphs (a) 
and (f) are effective on February 7, 2019.

[83 FR 56244, Nov. 9, 2018]

[[Page 714]]



Sec.  1926.1428  Signal person qualifications.

    (a) The employer of the signal person must ensure that each signal 
person meets the Qualification Requirements (paragraph (c) of this 
section) prior to giving any signals. This requirement must be met by 
using either Option (1) or Option (2) of this section.
    (1) Option (1)--Third party qualified evaluator. The signal person 
has documentation from a third party qualified evaluator (see Qualified 
Evaluator (third party), Sec.  1926.1401 for definition) showing that 
the signal person meets the Qualification Requirements (see paragraph 
(c) of this section).
    (2) Option (2)--Employer's qualified evaluator. The employer's 
qualified (see Qualified Evaluator (not a third party), Sec.  1926.1401 
for definition) evaluator assesses the individual and determines that 
the individual meets the Qualification Requirements (see paragraph (c) 
of this section) and provides documentation of that determination. An 
assessment by an employer's qualified evaluator under this option is not 
portable--other employers are not permitted to use it to meet the 
requirements of this section.
    (3) The employer must make the documentation for whichever option is 
used available at the site while the signal person is employed by the 
employer. The documentation must specify each type of signaling (e.g. 
hand signals, radio signals, etc.) for which the signal person meets the 
requirements of paragraph (c) of this section.
    (b) If subsequent actions by the signal person indicate that the 
individual does not meet the Qualification Requirements (see paragraph 
(c) of this section), the employer must not allow the individual to 
continue working as a signal person until re-training is provided and a 
re-assessment is made in accordance with paragraph (a) of this section 
that confirms that the individual meets the Qualification Requirements.
    (c) Qualification Requirements. Each signal person must:
    (1) Know and understand the type of signals used. If hand signals 
are used, the signal person must know and understand the Standard Method 
for hand signals.
    (2) Be competent in the application of the type of signals used.
    (3) Have a basic understanding of equipment operation and 
limitations, including the crane dynamics involved in swinging and 
stopping loads and boom deflection from hoisting loads.
    (4) Know and understand the relevant requirements of Sec. Sec.  
1926.1419 through 1926.1422 and 1926.1428.
    (5) Demonstrate that he/she meets the requirements in paragraphs 
(c)(1) through (4) of this section through an oral or written test, and 
through a practical test.



Sec.  1926.1429  Qualifications of maintenance & repair employees.

    (a) Maintenance, inspection and repair personnel are permitted to 
operate the equipment only where all of the following requirements are 
met:
    (1) The operation is limited to those functions necessary to perform 
maintenance, inspect the equipment, or verify its performance.
    (2) The personnel either:
    (i) Operate the equipment under the direct supervision of an 
operator who meets the requirements of Sec.  1926.1427 (Operator 
qualification and certification); or
    (ii) Are familiar with the operation, limitations, characteristics 
and hazards associated with the type of equipment.
    (b) Maintenance and repair personnel must meet the definition of a 
qualified person with respect to the equipment and maintenance/repair 
tasks performed.



Sec.  1926.1430  Training.

    The employer must provide training as follows:
    (a) Overhead powerlines. The employer must train each employee 
specified in Sec.  1926.1408(g) and Sec.  1926.1410(m) in the topics 
listed in Sec.  1926.1408(g).
    (b) Signal persons. The employer must train each employee who will 
be assigned to work as a signal persons who does not meet the 
requirements of Sec.  1926.1428(c) in the areas addressed in that 
paragraph.
    (c) Operators. (1) The employer must train each operator in 
accordance with

[[Page 715]]

Sec.  1926.1427(a) and (b), on the safe operation of the equipment the 
operator will be using.
    (2) The employer must train each operator covered under the 
exception of Sec.  1926.1427(a)(2) on the safe operation of the 
equipment the operator will be using.
    (3) The employer must train each operator of the equipment covered 
by this subpart in the following practices:
    (i) On friction equipment, whenever moving a boom off a support, 
first raise the boom a short distance (sufficient to take the load of 
the boom) to determine if the boom hoist brake needs to be adjusted. On 
other types of equipment with a boom, the same practice is applicable, 
except that typically there is no means of adjusting the brake; if the 
brake does not hold, a repair is necessary. See Sec.  1926.1417(f) and 
(j) for additional requirements.
    (ii) Where available, the manufacturer's emergency procedures for 
halting unintended equipment movement.
    (d) Competent persons and qualified persons. The employer must train 
each competent person and each qualified person regarding the 
requirements of this subpart applicable to their respective roles.
    (e) Crush/pinch points. The employer must train each employee who 
works with the equipment to keep clear of holes, and crush/pinch points 
and the hazards addressed in Sec.  1926.1424 (Work area control).
    (f) Tag-out. The employer must train each operator and each 
additional employee authorized to start/energize equipment or operate 
equipment controls (such as maintenance and repair employees), in the 
tag-out and start-up procedures in Sec. Sec.  1926.1417(f) and (g).
    (g) Training administration. (1) The employer must evaluate each 
employee required to be trained under this subpart to confirm that the 
employee understands the information provided in the training.
    (2) The employer must provide refresher training in relevant topics 
for each employee when, based on the conduct of the employee or an 
evaluation of the employee's knowledge, there is an indication that 
retraining is necessary.
    (3) Whenever training is required under subpart CC, the employer 
must provide the training at no cost to the employee.

[75 FR 48135, Aug. 9, 2010, as amended at 83 FR 56247, Nov. 9, 2018]



Sec.  1926.1431  Hoisting personnel.

    The requirements of this section are supplemental to the other 
requirements in this subpart and apply when one or more employees are 
hoisted.
    (a) The use of equipment to hoist employees is prohibited except 
where the employer demonstrates that the erection, use, and dismantling 
of conventional means of reaching the work area, such as a personnel 
hoist, ladder, stairway, aerial lift, elevating work platform, or 
scaffold, would be more hazardous, or is not possible because of the 
project's structural design or worksite conditions. This paragraph does 
not apply to work covered by subpart R (Steel Erection) of this part and 
also does not apply to routine personnel access to an underground 
worksite via shaft as covered by Sec.  1926.800 (Underground 
Construction) of this part.
    (b) Use of personnel platform. (1) When using equipment to hoist 
employees, the employees must be in a personnel platform that meets the 
requirements of paragraph (e) of this section.
    (2) Exceptions: A personnel platform is not required for hoisting 
employees:
    (i) Into and out of drill shafts that are up to and including 8 feet 
in diameter (see paragraph (o) of this section for requirements for 
hoisting these employees).
    (ii) In pile driving operations (see paragraph (p) of this section 
for requirements for hoisting these employees).
    (iii) Solely for transfer to or from a marine worksite in a marine-
hoisted personnel transfer device (see paragraph (r) of this section for 
requirements for hoisting these employees).
    (iv) In storage-tank (steel or concrete), shaft and chimney 
operations (see paragraph (s) of this section for requirements for 
hoisting these employees).
    (c) Equipment set-up. (1) The equipment must be uniformly level, 
within one percent of level grade, and located on footing that a 
qualified person has

[[Page 716]]

determined to be sufficiently firm and stable.
    (2) Equipment with outriggers or stabilizers must have them all 
extended and locked. The amount of extension must be the same for all 
outriggers and stabilizers and in accordance with manufacturer 
procedures and load charts.
    (d) Equipment criteria--(1) Capacity: Use of suspended personnel 
platforms. The total load (with the platform loaded, including the hook, 
load line and rigging) must not exceed 50 percent of the rated capacity 
for the radius and configuration of the equipment, except during proof 
testing.
    (2) Capacity: Use of boom-attached personnel platforms. The total 
weight of the loaded personnel platform must not exceed 50 percent of 
the rated capacity for the radius and configuration of the equipment 
(except during proof testing).
    (3) Capacity: Hoisting personnel without a personnel platform. When 
hoisting personnel without a personnel platform pursuant to paragraph 
(b)(2) of this section, the total load (including the hook, load line, 
rigging and any other equipment that imposes a load) must not exceed 50 
percent of the rated capacity for the radius and configuration of the 
equipment, except during proof testing.
    (4) When the occupied personnel platform is in a stationary working 
position, the load and boom hoist brakes, swing brakes, and operator 
actuated secondary braking and locking features (such as pawls or dogs) 
or automatic secondary brakes must be engaged.
    (5) Devices. (i) Equipment (except for derricks and articulating 
cranes) with a variable angle boom must be equipped with all of the 
following:
    (A) A boom angle indicator, readily visible to the operator, and
    (B) A boom hoist limiting device.
    (ii) Articulating cranes must be equipped with a properly 
functioning automatic overload protection device.
    (iii) Equipment with a luffing jib must be equipped with:
    (A) A jib angle indicator, readily visible to the operator, and.
    (B) A jib hoist limiting device.
    (iv) Equipment with telescoping booms must be equipped with a device 
to indicate the boom's extended length clearly to the operator, or must 
have measuring marks on the boom.
    (v) Anti two-block. A device which automatically prevents damage and 
load failure from contact between the load block, overhaul ball, or 
similar component, and the boom tip (or fixed upper block or similar 
component) must be used. The device(s) must prevent such damage/failure 
at all points where two-blocking could occur. Exception: This device is 
not required when hoisting personnel in pile driving operations. 
Instead, paragraph (p)(2) of this section specifies how to prevent two-
blocking during such operations.
    (vi) Controlled load lowering. The load line hoist drum must have a 
system, other than the load line hoist brake, which regulates the 
lowering rate of speed of the hoist mechanism. This system or device 
must be used when hoisting personnel.

    Note: Free fall of the load line hoist is prohibited (see Sec.  
1926.1426(d); the use of equipment in which the boom hoist mechanism can 
free fall is also prohibited (see Sec.  1926.1426(a)(1).

    (vii) Proper operation required. Personnel hoisting operations must 
not begin unless the devices listed in this section are in proper 
working order. If a device stops working properly during such 
operations, the operator must safely stop operations. Personnel hoisting 
operations must not resume until the device is again working properly. 
Alternative measures are not permitted. (See Sec.  1926.1417 for tag-out 
and related requirements.)
    (6) Direct attachment of a personnel platform to a luffing jib is 
prohibited.
    (e) Personnel platform criteria. (1) A qualified person familiar 
with structural design must design the personnel platform and 
attachment/suspension system used for hoisting personnel.
    (2) The system used to connect the personnel platform to the 
equipment must allow the platform to remain within 10 degrees of level, 
regardless of boom angle.
    (3) The suspension system must be designed to minimize tipping of 
the platform due to movement of employees occupying the platform.

[[Page 717]]

    (4) The personnel platform itself (excluding the guardrail system 
and personal fall arrest system anchorages), must be capable of 
supporting, without failure, its own weight and at least five times the 
maximum intended load.
    (5) All welding of the personnel platform and its components must be 
performed by a certified welder familiar with the weld grades, types and 
material specified in the platform design.
    (6) The personnel platform must be equipped with a guardrail system 
which meets the requirements of subpart M of this part, and must be 
enclosed at least from the toeboard to mid-rail with either solid 
construction material or expanded metal having openings no greater than 
\1/2\ inch (1.27 cm). Points to which personal fall arrest systems are 
attached must meet the anchorage requirements in subpart M of this part.
    (7) A grab rail must be installed inside the entire perimeter of the 
personnel platform except for access gates/doors.
    (8) Access gates/doors. If installed, access gates/doors of all 
types (including swinging, sliding, folding, or other types) must:
    (i) Not swing outward. If due to the size of the personnel platform, 
such as a 1-person platform, it is infeasible for the door to swing 
inward and allow safe entry for the platform occupant, then the access 
gate/door may swing outward.
    (ii) Be equipped with a device that prevents accidental opening.
    (9) Headroom must be sufficient to allow employees to stand upright 
in the platform.
    (10) In addition to the use of hard hats, employees must be 
protected by overhead protection on the personnel platform when 
employees are exposed to falling objects. The platform overhead 
protection must not obscure the view of the operator or platform 
occupants (such as wire mesh that has up to \1/2\ inch openings), unless 
full protection is necessary.
    (11) All edges exposed to employee contact must be smooth enough to 
prevent injury.
    (12) The weight of the platform and its rated capacity must be 
conspicuously posted on the platform with a plate or other permanent 
marking.
    (f) Personnel platform loading. (1) The personnel platform must not 
be loaded in excess of its rated capacity.
    (2) Use. (i) Personnel platforms must be used only for employees, 
their tools, and the materials necessary to do their work. Platforms 
must not be used to hoist materials or tools when not hoisting 
personnel.
    (ii) Exception: Materials and tools to be used during the lift, if 
secured and distributed in accordance with paragraph (f)(3) of this 
section may be in the platform for trial lifts.
    (3) Materials and tools must be:
    (i) Secured to prevent displacement.
    (ii) Evenly distributed within the confines of the platform while it 
is suspended.
    (4) The number of employees occupying the personnel platform must 
not exceed the maximum number the platform was designed to hold or the 
number required to perform the work, whichever is less.
    (g) Attachment and rigging--(1) Hooks and other detachable devices. 
(i) Hooks used in the connection between the hoist line and the 
personnel platform (including hooks on overhaul ball assemblies, lower 
load blocks, bridle legs, or other attachment assemblies or components) 
must be:
    (A) Of a type that can be closed and locked, eliminating the throat 
opening.
    (B) Closed and locked when attached.
    (ii) Shackles used in place of hooks must be of the alloy anchor 
type, with either:
    (A) A bolt, nut and retaining pin, in place; or
    (B) Of the screw type, with the screw pin secured from accidental 
removal.
    (iii) Where other detachable devices are used, they must be of the 
type that can be closed and locked to the same extent as the devices 
addressed in paragraphs (g)(1)(i) and (ii) of this section. Such devices 
must be closed and locked when attached.
    (2) Rope bridle. When a rope bridle is used to suspend the personnel 
platform, each bridle leg must be connected to a master link or shackle 
(see paragraph (g)(1) of this section) in a manner that ensures that the 
load is evenly divided among the bridle legs.

[[Page 718]]

    (3) Rigging hardware (including wire rope, shackles, rings, master 
links, and other rigging hardware) and hooks must be capable of 
supporting, without failure, at least five times the maximum intended 
load applied or transmitted to that component. Where rotation resistant 
rope is used, the slings must be capable of supporting without failure 
at least ten times the maximum intended load.
    (4) Eyes in wire rope slings must be fabricated with thimbles.
    (5) Bridles and associated rigging for suspending the personnel 
platform must be used only for the platform and the necessary employees, 
their tools and materials necessary to do their work. The bridles and 
associated rigging must not have been used for any purpose other than 
hoisting personnel.
    (h) Trial lift and inspection. (1) A trial lift with the unoccupied 
personnel platform loaded at least to the anticipated liftweight must be 
made from ground level, or any other location where employees will enter 
the platform, to each location at which the platform is to be hoisted 
and positioned. Where there is more than one location to be reached from 
a single set-up position, either individual trial lifts for each 
location, or a single trial lift, in which the platform is moved 
sequentially to each location, must be performed; the method selected 
must be the same as the method that will be used to hoist the personnel.
    (2) The trial lift must be performed immediately prior to each shift 
in which personnel will be hoisted. In addition, the trial lift must be 
repeated prior to hoisting employees in each of the following 
circumstances:
    (i) The equipment is moved and set up in a new location or returned 
to a previously used location.
    (ii) The lift route is changed, unless the competent person 
determines that the new route presents no new factors affecting safety.
    (3) The competent person must determine that:
    (i) Safety devices and operational aids required by this section are 
activated and functioning properly. Other safety devices and operational 
aids must meet the requirements of Sec. Sec.  1926.1415 and 1926.1416.
    (ii) Nothing interferes with the equipment or the personnel platform 
in the course of the trial lift.
    (iii) The lift will not exceed 50 percent of the equipment's rated 
capacity at any time during the lift.
    (iv) The load radius to be used during the lift has been accurately 
determined.
    (4) Immediately after the trial lift, the competent person must:
    (i) Conduct a visual inspection of the equipment, base support or 
ground, and personnel platform, to determine whether the trial lift has 
exposed any defect or problem or produced any adverse effect.
    (ii) Confirm that, upon the completion of the trial lift process, 
the test weight has been removed.
    (5) Immediately prior to each lift:
    (i) The platform must be hoisted a few inches with the personnel and 
materials/tools on board and inspected by a competent person to ensure 
that it is secure and properly balanced.
    (ii) The following conditions must be determined by a competent 
person to exist before the lift of personnel proceeds:
    (A) Hoist ropes must be free of deficiencies in accordance with 
Sec.  1926.1413(a).
    (B) Multiple part lines must not be twisted around each other.
    (C) The primary attachment must be centered over the platform.
    (D) If the load rope is slack, the hoisting system must be inspected 
to ensure that all ropes are properly seated on drums and in sheaves.
    (6) Any condition found during the trial lift and subsequent 
inspection(s) that fails to meet a requirement of this standard or 
otherwise creates a safety hazard must be corrected before hoisting 
personnel. (See Sec.  1926.1417 for tag-out and related requirements.)
    (i) [Reserved]
    (j) Proof testing. (1) At each jobsite, prior to hoisting employees 
on the personnel platform, and after any repair or modification, the 
platform and rigging must be proof tested to 125 percent of the 
platform's rated capacity. The proof test may be done concurrently with 
the trial lift.
    (2) The platform must be lowered by controlled load lowering, 
braked, and

[[Page 719]]

held in a suspended position for a minimum of five minutes with the test 
load evenly distributed on the platform.
    (3) After proof testing, a competent person must inspect the 
platform and rigging to determine if the test has been passed. If any 
deficiencies are found that pose a safety hazard, the platform and 
rigging must not be used to hoist personnel unless the deficiencies are 
corrected, the test is repeated, and a competent person determines that 
the test has been passed. (See Sec.  1926.1417 for tag-out and related 
requirements.)
    (4) Personnel hoisting must not be conducted until the competent 
person determines that the platform and rigging have successfully passed 
the proof test.
    (k) Work practices. (1) Hoisting of the personnel platform must be 
performed in a slow, controlled, cautious manner, with no sudden 
movements of the equipment or the platform.
    (2) Platform occupants must:
    (i) Keep all parts of the body inside the platform during raising, 
lowering, and horizontal movement. This provision does not apply to an 
occupant of the platform when necessary to position the platform or 
while performing the duties of a signal person.
    (ii) Not stand, sit on, or work from the top or intermediate rail or 
toeboard, or use any other means/device to raise their working height.
    (iii) Not pull the platform out of plumb in relation to the hoisting 
equipment.
    (3) Before employees exit or enter a hoisted personnel platform that 
is not landed, the platform must be secured to the structure where the 
work is to be performed, unless the employer can demonstrate that 
securing to the structure would create a greater hazard.
    (4) If the platform is tied to the structure, the operator must not 
move the platform until the operator receives confirmation that it is 
freely suspended.
    (5) Tag lines must be used when necessary to control the platform.
    (6) Platforms without controls. Where the platform is not equipped 
with controls, the equipment operator must remain at the equipment 
controls, on site, and in view of the equipment, at all times while the 
platform is occupied.
    (7) Platforms with controls. Where the platform is equipped with 
controls, all of the following must be met at all times while the 
platform is occupied:
    (i) The occupant using the controls in the platform must be a 
qualified person with respect to their use, including the safe 
limitations of the equipment and hazards associated with its operation.
    (ii) The equipment operator must be at a set of equipment controls 
that include boom and swing functions of the equipment, and must be on 
site and in view of the equipment.
    (iii) The platform operating manual must be in the platform or on 
the equipment.
    (8) Environmental conditions--(i) Wind. When wind speed (sustained 
or gusts) exceeds 20 mph at the personnel platform, a qualified person 
must determine if, in light of the wind conditions, it is not safe to 
lift personnel. If it is not, the lifting operation must not begin (or, 
if already in progress, must be terminated).
    (ii) Other weather and environmental conditions. A qualified person 
must determine if, in light of indications of dangerous weather 
conditions, or other impending or existing danger, it is not safe to 
lift personnel. If it is not, the lifting operation must not begin (or, 
if already in progress, must be terminated).
    (9) Employees being hoisted must remain in direct communication with 
the signal person (where used), or the operator.
    (10) Fall protection. (i) Except over water, employees occupying the 
personnel platform must be provided and use a personal fall arrest 
system. The system must be attached to a structural member within the 
personnel platform. When working over or near water, the requirements of 
Sec.  1926.106 apply.
    (ii) The fall arrest system, including the attachment point 
(anchorage) used to comply with paragraph (i) of this section, must meet 
the requirements in Sec.  1926.502.

[[Page 720]]

    (11) Other load lines. (i) No lifts must be made on any other of the 
equipment's load lines while personnel are being hoisted, except in pile 
driving operations.
    (ii) Factory-produced boom-mounted personnel platforms that 
incorporate a winch as original equipment. Loads are permitted to be 
hoisted by such a winch while employees occupy the personnel platform 
only where the load on the winch line does not exceed 500 pounds and 
does not exceed the rated capacity of the winch and platform.
    (12) Traveling--equipment other than derricks. (i) Hoisting of 
employees while the equipment is traveling is prohibited, except for:
    (A) Equipment that travels on fixed rails; or
    (B) Where the employer demonstrates that there is no less hazardous 
way to perform the work.
    (C) This exception does not apply to rubber-tired equipment.
    (ii) Where employees are hoisted while the equipment is traveling, 
all of the following criteria must be met:
    (A) Equipment travel must be restricted to a fixed track or runway.
    (B) Where a runway is used, it must be a firm, level surface 
designed, prepared and designated as a path of travel for the weight and 
configuration of the equipment being used to lift and travel with the 
personnel platform. An existing surface may be used as long as it meets 
these criteria.
    (C) Equipment travel must be limited to boom length.
    (D) The boom must be parallel to the direction of travel, except 
where it is safer to do otherwise.
    (E) A complete trial run must be performed to test the route of 
travel before employees are allowed to occupy the platform. This trial 
run can be performed at the same time as the trial lift required by 
paragraph (h) of this section which tests the lift route.
    (13) Traveling--derricks. Derricks are prohibited from traveling 
while personnel are hoisted.
    (l) [Reserved]
    (m) Pre-lift meeting. A pre-lift meeting must be:
    (1) Held to review the applicable requirements of this section and 
the procedures that will be followed.
    (2) Attended by the equipment operator, signal person (if used for 
the lift), employees to be hoisted, and the person responsible for the 
task to be performed.
    (3) Held prior to the trial lift at each new work location, and must 
be repeated for any employees newly assigned to the operation.
    (n) Hoisting personnel near power lines. Hoisting personnel within 
20 feet of a power line that is up to 350 kV, and hoisting personnel 
within 50 feet of a power line that is over 350 kV, is prohibited, 
except for work covered by subpart V of this part (Power Transmission 
and Distribution).
    (o) Hoisting personnel in drill shafts. When hoisting employees into 
and out of drill shafts that are up to and including 8 feet in diameter, 
all of the following requirements must be met:
    (1) The employee must be in either a personnel platform or on a 
boatswain's chair.
    (2) If using a personnel platform, paragraphs (a) through (n) of 
this section apply.
    (3) If using a boatswain's chair:
    (i) The following paragraphs of this section apply: (a), (c), 
(d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), 
(f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), (m), 
(n). Where the terms ``personnel platform'' or ``platform'' are used in 
these paragraphs, substitute them with ``boatswain's chair.''
    (ii) A signal person must be stationed at the shaft opening.
    (iii) The employee must be hoisted in a slow, controlled descent and 
ascent.
    (iv) The employee must use personal fall protection equipment, 
including a full body harness, attached independent of the crane/
derrick.
    (v) The fall protection equipment must meet the applicable 
requirements in Sec.  1926.502.
    (vi) The boatswain's chair itself (excluding the personal fall 
arrest system anchorages), must be capable of supporting, without 
failure, its own weight and at least five times the maximum intended 
load.
    (vii) No more than one person must be hoisted at a time.
    (p) Hoisting personnel for pile driving operations. When hoisting an 
employee

[[Page 721]]

in pile driving operations, the following requirements must be met:
    (1) The employee must be in a personnel platform or boatswain's 
chair.
    (2) For lattice boom cranes: Clearly mark the cable (so that it can 
easily be seen by the operator) at a point that will give the operator 
sufficient time to stop the hoist to prevent two-blocking, or use a 
spotter who is in direct communication with the operator to inform the 
operator when this point is reached. For telescopic boom cranes: Clearly 
mark the cable (so that it can be easily seen by the operator) at a 
point that will give the operator sufficient time to stop the hoist to 
prevent two-blocking, and use a spotter who is in direct communication 
with the operator to inform the operator when this point is reached.
    (3) If using a personnel platform, paragraphs (b) through (n) of 
this section apply.
    (4) If using a boatswain's chair:
    (i) The following paragraphs of this section apply: (a), (c), 
(d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), 
(f)(3)(i), (g), (h), (j), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), 
(m), and (n). Where the terms ``personnel platform'' or ``platform'' are 
used in these paragraphs, substitute them with ``boatswains chair.''
    (ii) The employee must be hoisted in a slow, controlled descent and 
ascent.
    (iii) The employee must use personal fall protection equipment, 
including a full body harness, independently attached to the lower load 
block or overhaul ball.
    (iv) The fall protection equipment must meet the applicable 
requirements in Sec.  1926.502.
    (v) The boatswain's chair itself (excluding the personal fall arrest 
system anchorages), must be capable of supporting, without failure, its 
own weight and at least five times the maximum intended load.
    (vi) No more than one person must be hoisted at a time.
    (q) [Reserved]
    (r) Hoisting personnel for marine transfer. When hoisting employees 
solely for transfer to or from a marine worksite, the following 
requirements must be met:
    (1) The employee must be in either a personnel platform or a marine-
hoisted personnel transfer device.
    (2) If using a personnel platform, paragraphs (a) through (n) of 
this section apply.
    (3) If using a marine-hoisted personnel transfer device:
    (i) The following paragraphs of this section apply: (a), (c)(2), 
(d)(1), (d)(3), (d)(4), (e)(1) through (5), (e)(12), (f)(1), (g), (h), 
(j), (k)(1), (k)(8), (k)(9), (k)(10)(ii), (k)(11)(i), (k)(12), (m), and 
(n). Where the terms ``personnel platform'' or ``platform'' are used in 
these paragraphs, substitute them with ``marine-hoisted personnel 
transfer device.''
    (ii) The transfer device must be used only for transferring workers.
    (iii) The number of workers occupying the transfer device must not 
exceed the maximum number it was designed to hold.
    (iv) Each employee must wear a U.S. Coast Guard personal flotation 
device approved for industrial use.
    (s) Hoisting personnel for storage-tank (steel or concrete), shaft 
and chimney operations. When hoisting an employee in storage tank (steel 
or concrete), shaft and chimney operations, the following requirements 
must be met:
    (1) The employee must be in a personnel platform except when the 
employer can demonstrate that use of a personnel platform is infeasible; 
in such a case, a boatswain's chair must be used.
    (2) If using a personnel platform, paragraphs (a) through (n) of 
this section apply.
    (3) If using a boatswain's chair:
    (i) The following paragraphs of this section apply: (a), (c), 
(d)(1), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (f)(1), (f)(2)(i), 
(f)(3)(i), (g), (h), (k)(1), (k)(6), (k)(8), (k)(9), (k)(11)(i), (m), 
(n). Where the terms ``personnel platform'' or ``platform'' are used in 
these paragraphs, substitute them with ``boatswains chair.''
    (ii) The employee must be hoisted in a slow, controlled descent and 
ascent.
    (iii) The employee must use personal fall protection equipment, 
including a full body harness, attached independent of the crane/
derrick. When

[[Page 722]]

there is no adequate structure for attachment of personal fall arrest 
equipment as required in Sec.  1926.502(d)(15), the attachment must be 
to the lower load block or overhaul ball.
    (iv) The fall protection equipment must meet the applicable 
requirements in Sec.  1926.502.
    (v) The boatswain's chair itself (excluding the personal fall arrest 
system anchorages), must be capable of supporting, without failure, its 
own weight and at least five times the maximum intended load.
    (vi) No more than one person must be hoisted at a time.

[75 FR 48135, Aug. 9, 2010, as amended at 85 FR 8746, Feb. 18, 2020]



Sec.  1926.1432  Multiple-crane/derrick lifts--supplemental requirements.

    (a) Plan development. Before beginning a crane/derrick operation in 
which more than one crane/derrick will be supporting the load, the 
operation must be planned. The planning must meet the following 
requirements:
    (1) The plan must be developed by a qualified person.
    (2) The plan must be designed to ensure that the requirements of 
this subpart are met.
    (3) Where the qualified person determines that engineering expertise 
is needed for the planning, the employer must ensure that it is 
provided.
    (b) Plan implementation. (1) The multiple-crane/derrick lift must be 
directed by a person who meets the criteria for both a competent person 
and a qualified person, or by a competent person who is assisted by one 
or more qualified persons (lift director).
    (2) The lift director must review the plan in a meeting with all 
workers who will be involved with the operation.



Sec.  1926.1433  Design, construction and testing.

    The following requirements apply to equipment that has a 
manufacturer-rated hoisting/lifting capacity of more than 2,000 pounds.
    (a) Crawler, truck and locomotive cranes manufactured prior to 
November 8, 2010 must meet the applicable requirements for design, 
construction, and testing as prescribed in ANSI B30.5-1968 (incorporated 
by reference, see Sec.  1926.6), PCSA Std. No. 2 (1968) (incorporated by 
reference, see Sec.  1926.6), the requirements in paragraph (b) of this 
section, or the applicable DIN standards that were in effect at the time 
of manufacture.
    (b) Mobile (including crawler and truck) and locomotive cranes 
manufactured on or after November 8, 2010 must meet the following 
portions of ASME B30.5-2004 (incorporated by reference, see Sec.  
1926.6) as applicable:
    (1) In section 5-1.1.1 (``Load Ratings--Where Stability Governs 
Lifting Performance''), paragraphs (a)-(d) (including subparagraphs).
    (2) In section 5-1.1.2 (``Load Ratings--Where Structural Competence 
Governs Lifting Performance''), paragraph (b).
    (3) Section 5-1.2 (``Stability (Backward and Forward)'').
    (4) In section 5-1.3.1 (``Boom Hoist Mechanism''), paragraphs (a), 
(b)(1) and (b)(2), except that when using rotation resistant rope, Sec.  
1926.1414(c)(4)(ii)(A) applies.
    (5) In section 5-1.3.2 (``Load Hoist Mechanism''), paragraphs (a)(2) 
through (a)(4) (including subparagraphs), (b) (including subparagraphs), 
(c) (first sentence only) and (d).
    (6) Section 5-1.3.3 (``Telescoping Boom'').
    (7) Section 5-1.4 (``Swing Mechanism'').
    (8) In section 5-1.5 (``Crane Travel''), all provisions except 5-
1.5.3(d).
    (9) In section 5-1.6 (``Controls''), all provisions except 5-1.6.1 
(c).
    (10) Section 5-1.7.4 (``Sheaves'').
    (11) Section 5-1.7.5 (``Sheave sizes'').
    (12) In section 5-1.9.1 (``Booms''), paragraph (f).
    (13) Section 5-1.9.3 (``Outriggers'').
    (14) Section 5-1.9.4 (``Locomotive Crane Equipment'').
    (15) Section 5-1.9.7 (``Clutch and Brake Protection'').
    (16) In section 5-1.9.11 (``Miscellaneous equipment''), paragraphs 
(a), (c), (e), and (f).
    (c) Prototype testing: mobile (including crawler and truck) and 
locomotive cranes manufactured on or after November 8, 2010 must meet 
the prototype testing requirements in Test Option A or Test Option B of 
this section. Tower cranes manufactured on or after November 8, 2010 
must meet the prototype

[[Page 723]]

testing requirements in BS EN 14439:2006 (incorporated by reference, see 
Sec.  1926.6).

    Note: Prototype testing of crawler, locomotive and truck cranes 
manufactured prior to November 8, 2010 must conform to paragraph (a) of 
this section.

    (1) Test Option A. (i) The following applies to equipment with 
cantilevered booms (such as hydraulic boom cranes): All the tests listed 
in SAE J1063 (Nov. 1993) Table 1 (incorporated by reference, see Sec.  
1926.6) must be performed to load all critical structural elements to 
their respective limits. All the strength margins listed in SAE J1063 
(Nov. 1993) Table 2 (incorporated by reference, see Sec.  1926.6) must 
be met.
    (ii) The following applies to equipment with pendant supported 
lattice booms: All the tests listed in SAE J987 (Jun. 2003) Table 1 
(incorporated by reference, see Sec.  1926.6) must be performed to load 
all critical structural elements to their respective limits. All the 
strength margins listed in SAE J987 (Jun. 2003) Table 2 (incorporated by 
reference, see Sec.  1926.6) must be met.
    (2) Test Option B. The testing and verification requirements of BS 
EN 13000:2004 (incorporated by reference, see Sec.  1926.6) must be met. 
In applying BS EN 13000:2004, the following additional requirements must 
be met:
    (i) The following applies to equipment with cantilevered booms (such 
as hydraulic boom cranes): The analysis methodology (computer modeling) 
must demonstrate that all load cases listed in SAE J1063 (Nov. 1993) 
(incorporated by reference, see Sec.  1926.6) meet the strength margins 
listed in SAE J1063 (Nov. 1993) Table 2.
    (ii) The following applies to equipment with pendant supported 
lattice booms: The analysis methodology (computer modeling) must 
demonstrate that all load cases listed in SAE J987 (Jun. 2003) 
(incorporated by reference, see Sec.  1926.6) meet the strength margins 
listed in SAE J987 (Jun. 2003) Table 2.
    (iii) Analysis verification. The physical testing requirements under 
SAE J1063 (Nov. 1993) (incorporated by reference, see Sec.  1926.6) and 
SAE J987 (Jun. 2003) (incorporated by reference, see Sec.  1926.6) must 
be met unless the reliability of the analysis methodology (computer 
modeling) has been demonstrated by a documented history of verification 
through strain gauge measuring or strain gauge measuring in combination 
with other physical testing.
    (d) All equipment covered by this subpart must meet the following 
requirements:
    (1) Rated capacity and related information. The information 
available in the cab (see Sec.  1926.1417(c)) regarding ``rated 
capacity'' and related information must include, at a minimum, the 
following information:
    (i) A complete range of the manufacturer's equipment rated 
capacities, as follows:
    (A) At all manufacturer approved operating radii, boom angles, work 
areas, boom lengths and configurations, jib lengths and angles (or 
offset).
    (B) Alternate ratings for use and nonuse of option equipment which 
affects rated capacities, such as outriggers, stabilizers, and extra 
counterweights.
    (ii) A work area chart for which capacities are listed in the load 
chart. (Note: An example of this type of chart is in ASME B30.5-2004, 
section 5-1.1.3, Figure 11).
    (iii) The work area figure and load chart must clearly indicate the 
areas where no load is to be handled.
    (iv) Recommended reeving for the hoist lines must be shown.
    (v) Recommended parts of hoist reeving, size, and type of wire rope 
for various equipment loads.
    (vi) Recommended boom hoist reeving diagram, where applicable; size, 
type and length of wire rope.
    (vii) Tire pressure (where applicable).
    (viii) Caution or warnings relative to limitations on equipment and 
operating procedures, including an indication of the least stable 
direction.
    (ix) Position of the gantry and requirements for intermediate boom 
suspension (where applicable).
    (x) Instructions for boom erection and conditions under which the 
boom, or boom and jib combinations, may be raised or lowered.
    (xi) Whether the hoist holding mechanism is automatically or 
manually controlled, whether free fall is available, or any combination 
of these.
    (xii) The maximum telescopic travel length of each boom telescopic 
section.

[[Page 724]]

    (xiii) Whether sections are telescoped manually or with power.
    (xiv) The sequence and procedure for extending and retracting the 
telescopic boom section.
    (xv) Maximum loads permitted during the boom extending operation, 
and any limiting conditions or cautions.
    (xvi) Hydraulic relief valve settings specified by the manufacturer.
    (2) Load hooks (including latched and unlatched types), ball 
assemblies and load blocks must be of sufficient weight to overhaul the 
line from the highest hook position for boom or boom and jib lengths and 
the number of parts of the line in use.
    (3) Hook and ball assemblies and load blocks must be marked with 
their rated capacity and weight.
    (4) Latching hooks. (i) Hooks must be equipped with latches, except 
where the requirements of paragraph (d)(4)(ii) of this section are met.
    (ii) Hooks without latches, or with latches removed or disabled, 
must not be used unless:
    (A) A qualified person has determined that it is safer to hoist and 
place the load without latches (or with the latches removed/tied-back).
    (B) Routes for the loads are pre-planned to ensure that no employee 
is required to work in the fall zone except for employees necessary for 
the hooking or unhooking of the load.
    (iii) The latch must close the throat opening and be designed to 
retain slings or other lifting devices/accessories in the hook when the 
rigging apparatus is slack.
    (5) Posted warnings. Posted warnings required by this subpart as 
well as those originally supplied with the equipment by the manufacturer 
must be maintained in legible condition.
    (6) An accessible fire extinguisher must be on the equipment.
    (7) Cabs. Equipment with cabs must meet the following requirements:
    (i) Cabs must be designed with a form of adjustable ventilation and 
method for clearing the windshield for maintaining visibility and air 
circulation. Examples of means for adjustable ventilation include air 
conditioner or window that can be opened (for ventilation and air 
circulation); examples of means for maintaining visibility include 
heater (for preventing windshield icing), defroster, fan, windshield 
wiper.
    (ii) Cab doors (swinging, sliding) must be designed to prevent 
inadvertent opening or closing while traveling or operating the machine. 
Swinging doors adjacent to the operator must open outward. Sliding 
operator doors must open rearward.
    (iii) Windows.
    (A) The cab must have windows in front and on both sides of the 
operator. Forward vertical visibility must be sufficient to give the 
operator a view of the boom point at all times.
    (B) Windows may have sections designed to be opened or readily 
removed. Windows with sections designed to be opened must be designed so 
that they can be secured to prevent inadvertent closure.
    (C) Windows must be of safety glass or material with similar optical 
and safety properties, that introduce no visible distortion or otherwise 
obscure visibility that interferes with the safe operation of the 
equipment.
    (iv) A clear passageway must be provided from the operator's station 
to an exit door on the operator's side.
    (v) Areas of the cab roof that serve as a workstation for rigging, 
maintenance or other equipment-related tasks must be capable of 
supporting 250 pounds without permanent distortion.
    (8) Belts, gears, shafts, pulleys, sprockets, spindles, drums, fly 
wheels, chains, and other parts or components that reciprocate, rotate 
or otherwise move must be guarded where contact by employees (except for 
maintenance and repair employees) is possible in the performance of 
normal duties.
    (9) All exhaust pipes, turbochargers, and charge air coolers must be 
insulated or guarded where contact by employees (except for maintenance 
and repair employees) is possible in the performance of normal duties.
    (10) Hydraulic and pneumatic lines must be protected from damage to 
the extent feasible.
    (11) The equipment must be designed so that exhaust fumes are not 
discharged in the cab and are discharged in a direction away from the 
operator.
    (12) Friction mechanisms. Where friction mechanisms (such as brakes 
and

[[Page 725]]

clutches) are used to control the boom hoist or load line hoist, they 
must be:
    (i) Of a size and thermal capacity sufficient to control all rated 
loads with the minimum recommended reeving.
    (ii) Adjustable to permit compensation for lining wear to maintain 
proper operation.
    (13) Hydraulic load hoists. Hydraulic drums must have an integrally 
mounted holding device or internal static brake to prevent load hoist 
movement in the event of hydraulic failure.
    (e) The employer's obligations under paragraphs (a) through (c) and 
(d)(7) through (13) of this section are met where the equipment has not 
changed (except in accordance with Sec.  1926.1434 (Equipment 
modifications)) and it can refer to documentation from the manufacturer 
showing that the equipment has been designed, constructed and tested in 
accordance with those paragraphs.



Sec.  1926.1434  Equipment modifications.

    (a) Modifications or additions which affect the capacity or safe 
operation of the equipment are prohibited except where the requirements 
of paragraphs (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section 
are met.
    (1) Manufacturer review and approval. (i) The manufacturer approves 
the modifications/additions in writing.
    (ii) The load charts, procedures, instruction manuals and 
instruction plates/tags/decals are modified as necessary to accord with 
the modification/addition.
    (iii) The original safety factor of the equipment is not reduced.
    (2) Manufacturer refusal to review request. The manufacturer is 
provided a detailed description of the proposed modification/addition, 
is asked to approve the modification/addition, but it declines to review 
the technical merits of the proposal or fails, within 30 days, to 
acknowledge the request or initiate the review, and all of the following 
are met:
    (i) A registered professional engineer who is a qualified person 
with respect to the equipment involved:
    (A) Approves the modification/addition and specifies the equipment 
configurations to which that approval applies, and
    (B) Modifies load charts, procedures, instruction manuals and 
instruction plates/tags/decals as necessary to accord with the 
modification/addition.
    (ii) The original safety factor of the equipment is not reduced.
    (3) Unavailable manufacturer. The manufacturer is unavailable and 
the requirements of paragraphs (a)(2)(i) and (ii) of this section are 
met.
    (4) Manufacturer does not complete the review within 120 days of the 
request. The manufacturer is provided a detailed description of the 
proposed modification/addition, is asked to approve the modification/
addition, agrees to review the technical merits of the proposal, but 
fails to complete the review of the proposal within 120 days of the date 
it was provided the detailed description of the proposed modification/
addition, and the requirements of paragraphs (a)(2)(i) and (ii) of this 
section are met.
    (5) Multiple manufacturers of equipment designed for use on marine 
work sites. The equipment is designed for marine work sites, contains 
major structural components from more than one manufacturer, and the 
requirements of paragraphs (a)(2)(i) and (ii) of this section are met.
    (b) Modifications or additions which affect the capacity or safe 
operation of the equipment are prohibited where the manufacturer, after 
a review of the technical safety merits of the proposed modification/
addition, rejects the proposal and explains the reasons for the 
rejection in a written response. If the manufacturer rejects the 
proposal but does not explain the reasons for the rejection in writing, 
the employer may treat this as a manufacturer refusal to review the 
request under paragraph (a)(2) of this section.
    (c) The provisions in paragraphs (a) and (b) of this section do not 
apply to modifications made or approved by the U.S. military.



Sec.  1926.1435  Tower cranes.

    (a) This section contains supplemental requirements for tower 
cranes; all sections of this subpart apply to tower cranes unless 
specified otherwise.
    (b) Erecting, climbing and dismantling. (1) Section 1926.1403 
(Assembly/Disassembly--selection of manufacturer

[[Page 726]]

or employer procedures), Sec.  1926.1404 (Assembly/Disassembly--general 
requirements (applies to all assembly and disassembly operations)), 
Sec.  1926.1405 (Disassembly--additional requirements for dismantling of 
booms and jibs (applies to both the use of manufacturer procedures and 
employer procedures)), and Sec.  1926.1406 (Assembly/Disassembly--
employer procedures--general requirements), apply to tower cranes 
(except as otherwise specified), except that the term ``assembly/
disassembly'' is replaced by ``erecting, climbing and dismantling,'' and 
the term ``disassembly'' is replaced by ``dismantling.''
    (2) Dangerous areas (self-erecting tower cranes). In addition to the 
requirements in Sec.  1926.1404(e), for self-erecting tower cranes, the 
following applies: Employees must not be in or under the tower, jib, or 
rotating portion of the crane during erecting, climbing and dismantling 
operations until the crane is secured in a locked position and the 
competent person in charge indicates it is safe to enter this area, 
unless the manufacturer's instructions direct otherwise and only the 
necessary personnel are permitted in this area.
    (3) Foundations and structural supports. Tower crane foundations and 
structural supports (including both the portions of the structure used 
for support and the means of attachment) must be designed by the 
manufacturer or a registered professional engineer.
    (4) Addressing specific hazards. The requirements in Sec.  
1926.1404(h)(1) through (9) apply. In addition, the A/D director must 
address the following:
    (i) Foundations and structural supports. The A/D director must 
determine that tower crane foundations and structural supports are 
installed in accordance with their design.
    (ii) Loss of backward stability. Backward stability before swinging 
self erecting cranes or cranes on traveling or static undercarriages.
    (iii) Wind speed. Wind must not exceed the speed recommended by the 
manufacturer or, where manufacturer does not specify this information, 
the speed determined by a qualified person.
    (5) Plumb tolerance. Towers must be erected plumb to the 
manufacturer's tolerance and verified by a qualified person. Where the 
manufacturer does not specify plumb tolerance, the crane tower must be 
plumb to a tolerance of at least 1:500 (approximately 1 inch in 40 
feet).
    (6) Multiple tower crane jobsites. On jobsites where more than one 
fixed jib (hammerhead) tower crane is installed, the cranes must be 
located such that no crane can come in contact with the structure of 
another crane. Cranes are permitted to pass over one another.
    (7) Climbing procedures. Prior to, and during, all climbing 
procedures (including inside climbing and top climbing), the employer 
must:
    (i) Comply with all manufacturer prohibitions.
    (ii) Have a registered professional engineer verify that the host 
structure is strong enough to sustain the forces imposed through the 
braces, brace anchorages and supporting floors.
    (8) Counterweight/ballast. (i) Equipment must not be erected, 
dismantled or operated without the amount and position of counterweight 
and/or ballast in place as specified by the manufacturer or a registered 
professional engineer familiar with the equipment.
    (ii) The maximum counterweight and/or ballast specified by the 
manufacturer or registered professional engineer familiar with the 
equipment must not be exceeded.
    (c) Signs. The size and location of signs installed on tower cranes 
must be in accordance with manufacturer specifications. Where these are 
unavailable, a registered professional engineer familiar with the type 
of equipment involved must approve in writing the size and location of 
any signs.
    (d) Safety devices. (1) Section 1926.1415 does not apply to tower 
cranes.
    (2) The following safety devices are required on all tower cranes 
unless otherwise specified:
    (i) Boom stops on luffing boom type tower cranes.
    (ii) Jib stops on luffing boom type tower cranes if equipped with a 
jib attachment.
    (iii) Travel rail end stops at both ends of travel rail.
    (iv) Travel rail clamps on all travel bogies.

[[Page 727]]

    (v) Integrally mounted check valves on all load supporting hydraulic 
cylinders.
    (vi) Hydraulic system pressure limiting device.
    (vii) The following brakes, which must automatically set in the 
event of pressure loss or power failure, are required:
    (A) A hoist brake on all hoists.
    (B) Swing brake.
    (C) Trolley brake.
    (D) Rail travel brake.
    (viii) Deadman control or forced neutral return control (hand) 
levers.
    (ix) Emergency stop switch at the operator's station.
    (x) Trolley end stops must be provided at both ends of travel of the 
trolley.
    (3) Proper operation required. Operations must not begin unless the 
devices listed in this section are in proper working order. If a device 
stops working properly during operations, the operator must safely stop 
operations. The equipment must be taken out of service, and operations 
must not resume until the device is again working properly. See Sec.  
1926.1417(f). Alternative measures are not permitted to be used.
    (e) Operational aids. (1) Section 1926.1416 does not apply to tower 
cranes.
    (2) The devices listed in this section (``operational aids'') are 
required on all tower cranes covered by this subpart, unless otherwise 
specified.
    (3) Operations must not begin unless the operational aids are in 
proper working order, except where the employer meets the specified 
temporary alternative measures. More protective alternative measures 
specified by the tower crane manufacturer, if any, must be followed. See 
Sec.  1926.1417(j) for additional requirements.
    (4) If an operational aid stops working properly during operations, 
the operator must safely stop operations until the temporary alternative 
measures are implemented or the device is again working properly. If a 
replacement part is no longer available, the use of a substitute device 
that performs the same type of function is permitted and is not 
considered a modification under Sec.  1926.1434.
    (5) Category I operational aids and alternative measures. 
Operational aids listed in this paragraph that are not working properly 
must be repaired no later than 7 calendar days after the deficiency 
occurs. Exception: If the employer documents that it has ordered the 
necessary parts within 7 calendar days of the occurrence of the 
deficiency, the repair must be completed within 7 calendar days of 
receipt of the parts.
    (i) Trolley travel limiting device. The travel of the trolley must 
be restricted at both ends of the jib by a trolley travel limiting 
device to prevent the trolley from running into the trolley end stops. 
Temporary alternative measures:
    (A) Option A. The trolley rope must be marked (so it can be seen by 
the operator) at a point that will give the operator sufficient time to 
stop the trolley prior to the end stops.
    (B) Option B. A spotter who is in direct communication with the 
operator must be used when operations are conducted within 10 feet of 
the outer or inner trolley end stops.
    (ii) Boom hoist limiting device. The range of the boom must be 
limited at the minimum and maximum radius. Temporary alternative 
measures: Clearly mark the cable (so it can be seen by the operator) at 
a point that will give the operator sufficient time to stop the boom 
hoist within the minimum and maximum boom radius, or use a spotter who 
is in direct communication with the operator to inform the operator when 
this point is reached.
    (iii) Anti two-blocking device. The tower crane must be equipped 
with a device which automatically prevents damage from contact between 
the load block, overhaul ball, or similar component, and the boom tip 
(or fixed upper block or similar component). The device(s) must prevent 
such damage at all points where two-blocking could occur. Temporary 
alternative measures: Clearly mark the cable (so it can be seen by the 
operator) at a point that will give the operator sufficient time to stop 
the hoist to prevent two-blocking, or use a spotter who is in direct 
communication with the operator to inform the operator when this point 
is reached.

[[Page 728]]

    (iv) Hoist drum lower limiting device. Tower cranes manufactured 
after November 8, 2011 must be equipped with a device that prevents the 
last 2 wraps of hoist cable from being spooled off the drum. Temporary 
alternative measures: Mark the cable (so it can be seen by the operator) 
at a point that will give the operator sufficient time to stop the hoist 
prior to last 2 wraps of hoist cable being spooled off the drum, or use 
a spotter who is in direct communication with the operator to inform the 
operator when this point is reached
    (v) Load moment limiting device. The tower crane must have a device 
that prevents moment overloading. Temporary alternative measures: A 
radius indicating device must be used (if the tower crane is not 
equipped with a radius indicating device, the radius must be measured to 
ensure the load is within the rated capacity of the crane). In addition, 
the weight of the load must be determined from a source recognized by 
the industry (such as the load's manufacturer), or by a calculation 
method recognized by the industry (such as calculating a steel beam from 
measured dimensions and a known per foot weight), or by other equally 
reliable means. This information must be provided to the operator prior 
to the lift.
    (vi) Hoist line pull limiting device. The capacity of the hoist must 
be limited to prevent overloading, including each individual gear ratio 
if equipped with a multiple speed hoist transmission. Temporary 
alternative measures: The operator must ensure that the weight of the 
load does not exceed the capacity of the hoist (including for each 
individual gear ratio if equipped with a multiple speed hoist 
transmission).
    (vii) Rail travel limiting device. The travel distance in each 
direction must be limited to prevent the travel bogies from running into 
the end stops or buffers. Temporary alternative measures: A spotter who 
is in direct communication with the operator must be used when 
operations are conducted within 10 feet of either end of the travel rail 
end stops; the spotter must inform the operator of the distance of the 
travel bogies from the end stops or buffers.
    (viii) Boom hoist drum positive locking device and control. The boom 
hoist drum must be equipped with a control that will enable the operator 
to positively lock the boom hoist drum from the cab. Temporary 
alternative measures: The device must be manually set when required if 
an electric, hydraulic or automatic control is not functioning.
    (6) Category II operational aids and alternative measures. 
Operational aids listed in this paragraph that are not working properly 
must be repaired no later than 30 calendar days after the deficiency 
occurs. Exception: If the employer documents that it has ordered the 
necessary parts within 7 calendar days of the occurrence of the 
deficiency, and the part is not received in time to complete the repair 
in 30 calendar days, the repair must be completed within 7 calendar days 
of receipt of the parts.
    (i) Boom angle or hook radius indicator.
    (A) Luffing boom tower cranes must have a boom angle indicator 
readable from the operator's station.
    (B) Hammerhead tower cranes manufactured after November 8, 2011 must 
have a hook radius indicator readable from the operator's station.
    (C) Temporary alternative measures: Hook radii or boom angle must be 
determined by measuring the hook radii or boom angle with a measuring 
device.
    (ii) Trolley travel deceleration device. The trolley speed must be 
automatically reduced prior to the trolley reaching the end limit in 
both directions. Temporary alternative measure: The employer must post a 
notice in the cab of the crane notifying the operator that the trolley 
travel deceleration device is malfunctioning and instructing the 
operator to take special care to reduce the trolley speed when 
approaching the trolley end limits.
    (iii) Boom hoist deceleration device. The boom speed must be 
automatically reduced prior to the boom reaching the minimum or maximum 
radius limit. Temporary alternative measure: The employer must post a 
notice in the cab of the crane notifying the operator that the boom 
hoist deceleration device is malfunctioning and instructing the operator 
to take special care to reduce the boom speed when approaching the 
minimum or maximum radius limits.

[[Page 729]]

    (iv) Load hoist deceleration device. The load speed must be 
automatically reduced prior to the hoist reaching the upper limit. 
Temporary alternative measure: The employer must post a notice in the 
cab of the crane notifying the operator that the load hoist deceleration 
device is malfunctioning and instructing the operator to take special 
care to reduce the load speed when approaching the upper limits.
    (v) Wind speed indicator. A device must be provided to display the 
wind speed and must be mounted above the upper rotating structure on 
tower cranes. On self erecting cranes, it must be mounted at or above 
the jib level. Temporary alternative measures: Use of wind speed 
information from a properly functioning indicating device on another 
tower crane on the same site, or a qualified person estimates the wind 
speed.
    (vi) Load indicating device. Cranes manufactured after November 8, 
2011 must have a device that displays the magnitude of the load on the 
hook. Displays that are part of load moment limiting devices that 
display the load on the hook meet this requirement. Temporary 
alternative measures: The weight of the load must be determined from a 
source recognized by the industry (such as the load's manufacturer), or 
by a calculation method recognized by the industry (such as calculating 
a steel beam from measured dimensions and a known per foot weight), or 
by other equally reliable means. This information must be provided to 
the operator prior to the lift.
    (f) Inspections. (1) Section 1926.1412 (Inspections) applies to 
tower cranes, except that the term ``assembly'' is replaced by 
``erection.'' Section 1926.1413 (Wire rope--inspection) applies to tower 
cranes.
    (2) Pre-erection inspection. Before each crane component is erected, 
it must be inspected by a qualified person for damage or excessive wear.
    (i) The qualified person must pay particular attention to components 
that will be difficult to inspect thoroughly during shift inspections.
    (ii) If the qualified person determines that a component is damaged 
or worn to the extent that it would create a safety hazard if used on 
the crane, that component must not be erected on the crane unless it is 
repaired and, upon reinspection by the qualified person, found to no 
longer create a safety hazard.
    (iii) If the qualified person determines that, though not presently 
a safety hazard, the component needs to be monitored, the employer must 
ensure that the component is checked in the monthly inspections. Any 
such determination must be documented, and the documentation must be 
available to any individual who conducts a monthly inspection.
    (3) Post-erection inspection. In addition to the requirements in 
Sec.  1926.1412(c), the following requirements must be met:
    (i) A load test using certified weights, or scaled weights using a 
certified scale with a current certificate of calibration, must be 
conducted after each erection.
    (ii) The load test must be conducted in accordance with the 
manufacturer's instructions when available. Where these instructions are 
unavailable, the test must be conducted in accordance with written load 
test procedures developed by a registered professional engineer familiar 
with the type of equipment involved.
    (4) Monthly. The following additional items must be included:
    (i) Tower (mast) bolts and other structural bolts (for loose or 
dislodged condition) from the base of the tower crane up or, if the 
crane is tied to or braced by the structure, those above the upper-most 
brace support.
    (ii) The upper-most tie-in, braces, floor supports and floor wedges 
where the tower crane is supported by the structure, for loose or 
dislodged components.
    (5) Annual. In addition to the items that must be inspected under 
Sec.  1926.1412(f), all turntable and tower bolts must be inspected for 
proper condition and torque.



Sec.  1926.1436  Derricks.

    (a) This section contains supplemental requirements for derricks, 
whether temporarily or permanently mounted; all sections of this subpart 
apply to derricks unless specified otherwise. A derrick is powered 
equipment consisting of a mast or equivalent

[[Page 730]]

member that is held at or near the end by guys or braces, with or 
without a boom, and its hoisting mechanism. The mast/equivalent member 
and/or the load is moved by the hoisting mechanism (typically base-
mounted) and operating ropes. Derricks include: A-frame, basket, breast, 
Chicago boom, gin pole (except gin poles used for erection of 
communication towers), guy, shearleg, stiffleg, and variations of such 
equipment.
    (b) Operation--procedures. (1) Section 1926.1417 (Operation) applies 
except for Sec.  1926.1417(c) (Accessibility of procedures).
    (2) Load chart contents. Load charts must contain at least the 
following information:
    (i) Rated capacity at corresponding ranges of boom angle or 
operating radii.
    (ii) Specific lengths of components to which the rated capacities 
apply.
    (iii) Required parts for hoist reeving.
    (iv) Size and construction of rope must be included on the load 
chart or in the operating manual.
    (3) Load chart location--(i) Permanent installations. For 
permanently installed derricks with fixed lengths of boom, guy, and 
mast, a load chart must be posted where it is visible to personnel 
responsible for the operation of the equipment.
    (ii) Non-permanent installations. For derricks that are not 
permanently installed, the load chart must be readily available at the 
job site to personnel responsible for the operation of the equipment.
    (c) Construction--(1) General requirements. (i) Derricks must be 
constructed to meet all stresses imposed on members and components when 
installed and operated in accordance with the manufacturer's/builder's 
procedures and within its rated capacity.
    (ii) Welding of load sustaining members must conform to recommended 
practices in ANSI/AWS D14.3-94 (incorporated by reference, see Sec.  
1926.6) or AWS D1.1/D1.1M:2002 (incorporated by reference, see Sec.  
1926.6).
    (2) Guy derricks. (i) The minimum number of guys must be 6, with 
equal spacing, except where a qualified person or derrick manufacturer 
approves variations from these requirements and revises the rated 
capacity to compensate for such variations.
    (ii) Guy derricks must not be used unless the employer has the 
following guy information from the manufacturer or a qualified person, 
when not available from the manufacturer:
    (A) The number of guys.
    (B) The spacing around the mast.
    (C) The size, grade, and construction of rope to be used for each 
guy.
    (iii) For guy derricks manufactured after December 18, 1970, in 
addition to the information required in paragraph (c)(2)(ii) of this 
section, the employer must have the following guy information from the 
manufacturer or a qualified person, when not available from the 
manufacturer:
    (A) The amount of initial sag or tension.
    (B) The amount of tension in guy line rope at anchor.
    (iv) The mast base must permit the mast to rotate freely with 
allowance for slight tilting of the mast caused by guy slack.
    (v) The mast cap must:
    (A) Permit the mast to rotate freely.
    (B) Withstand tilting and cramping caused by the guy loads.
    (C) Be secured to the mast to prevent disengagement during erection.
    (D) Be provided with means for attaching guy ropes.
    (3) Stiffleg derricks. (i) The mast must be supported in the 
vertical position by at least two stifflegs; one end of each must be 
connected to the top of the mast and the other end securely anchored.
    (ii) The stifflegs must be capable of withstanding the loads imposed 
at any point of operation within the load chart range.
    (iii) The mast base must:
    (A) Permit the mast to rotate freely (when necessary).
    (B) Permit deflection of the mast without binding.
    (iv) The mast must be prevented from lifting out of its socket when 
the mast is in tension.
    (v) The stiffleg connecting member at the top of the mast must:
    (A) Permit the mast to rotate freely (when necessary).
    (B) Withstand the loads imposed by the action of the stifflegs.

[[Page 731]]

    (C) Be secured so as to oppose separating forces.
    (4) Gin pole derricks. (i) Guy lines must be sized and spaced so as 
to make the gin pole stable in both boomed and vertical positions. 
Exception: Where the size and/or spacing of guy lines do not result in 
the gin pole being stable in both boomed and vertical positions, the 
employer must ensure that the derrick is not used in an unstable 
position.
    (ii) The base of the gin pole must permit movement of the pole (when 
necessary).
    (iii) The gin pole must be anchored at the base against horizontal 
forces (when such forces are present).
    (5) Chicago boom derricks. The fittings for stepping the boom and 
for attaching the topping lift must be arranged to:
    (i) Permit the derrick to swing at all permitted operating radii and 
mounting heights between fittings.
    (ii) Accommodate attachment to the upright member of the host 
structure.
    (iii) Withstand the forces applied when configured and operated in 
accordance with the manufacturer's/builder's procedures and within its 
rated capacity.
    (iv) Prevent the boom or topping lift from lifting out under tensile 
forces.
    (d) Anchoring and guying. (1) Load anchoring data developed by the 
manufacturer or a qualified person must be used.
    (2) Guy derricks. (i) The mast base must be anchored.
    (ii) The guys must be secured to the ground or other firm anchorage.
    (iii) The anchorage and guying must be designed to withstand maximum 
horizontal and vertical forces encountered when operating within rated 
capacity with the particular guy slope and spacing specified for the 
application.
    (3) Stiffleg derricks. (i) The mast base and stifflegs must be 
anchored.
    (ii) The mast base and stifflegs must be designed to withstand 
maximum horizontal and vertical forces encountered when operating within 
rated capacity with the particular stiffleg spacing and slope specified 
for the application.
    (e) Swingers and hoists. (1) The boom, swinger mechanisms and hoists 
must be suitable for the derrick work intended and must be anchored to 
prevent displacement from the imposed loads.
    (2) Hoists. (i) Base mounted drum hoists must meet the requirements 
in the following sections of ASME B30.7-2001 (incorporated by reference, 
see Sec.  1926.6):
    (A) Sections 7-1.1 (``Load ratings and markings'').
    (B) Section 7-1.2 (``Construction''), except: 7-1.2.13 (``Operator's 
cab''); 7-1.2.15 (``Fire extinguishers'').
    (C) Section 7-1.3 (``Installation'').
    (D) Applicable terms in section 7-0.2 (``Definitions'').
    (ii) Load tests for new hoists. The employer must ensure that new 
hoists are load tested to a minimum of 110% of rated capacity, but not 
more than 125% of rated capacity, unless otherwise recommended by the 
manufacturer. This requirement is met where the manufacturer has 
conducted this testing.
    (iii) Repaired or modified hoists. Hoists that have had repairs, 
modifications or additions affecting their capacity or safe operation 
must be evaluated by a qualified person to determine if a load test is 
necessary. If it is, load testing must be conducted in accordance with 
paragraphs (e)(2)(ii) and (iv) of this section.
    (iv) Load test procedure. Load tests required by paragraphs 
(e)(2)(ii) or (e)(2)(iii) of this section must be conducted as follows:
    (A) The test load must be hoisted a vertical distance to assure that 
the load is supported by the hoist and held by the hoist brake(s).
    (B) The test load must be lowered, stopped and held with the 
brake(s).
    (C) The hoist must not be used unless a competent person determines 
that the test has been passed.
    (f) Operational aids. (1) Section 1926.1416 (Operational aids) 
applies, except for Sec.  1926.1416(d)(1) (Boom hoist limiting device), 
Sec.  1926.1416(e)(1) (Boom angle or radius indicator), and Sec.  
1926.1416(e)(4) (Load weighing and similar devices).
    (2) Boom angle aid. A boom angle indicator is not required but if 
the derrick is not equipped with a functioning one, the employer must 
ensure that either:

[[Page 732]]

    (i) The boom hoist cable must be marked with caution and stop marks. 
The stop marks must correspond to maximum and minimum allowable boom 
angles. The caution and stop marks must be in view of the operator, or a 
spotter who is in direct communication with the operator; or
    (ii) An electronic or other device that signals the operator in time 
to prevent the boom from moving past its maximum and minimum angles, or 
automatically prevents such movement, is used.
    (3) Load weight/capacity devices. (i) Derricks manufactured more 
than one year after November 8, 2010 with a maximum rated capacity over 
6,000 pounds must have at least one of the following: load weighing 
device, load moment indicator, rated capacity indicator, or rated 
capacity limiter. Temporary alternative measures: The weight of the load 
must be determined from a source recognized by the industry (such as the 
load's manufacturer), or by a calculation method recognized by the 
industry (such as calculating a steel beam from measured dimensions and 
a known per foot weight), or by other equally reliable means. This 
information must be provided to the operator prior to the lift. See 
Sec.  1926.1417(j) for additional requirements.
    (ii) A load weight/capacity device that is not working properly must 
be repaired no later than 30 days after the deficiency occurs. 
Exception: If the employer documents that it has ordered the necessary 
parts within 7 days of the occurrence of the deficiency, and the part is 
not received in time to complete the repair in 30 days, the repair must 
be completed within 7 days of receipt of the parts.
    (g) Post-assembly approval and testing--new or reinstalled 
derricks--(1) Anchorages. (i) Anchorages, including the structure to 
which the derrick is attached (if applicable), must be approved by a 
qualified person.
    (ii) If using a rock or hairpin anchorage, the qualified person must 
determine if any special testing of the anchorage is needed. If so, it 
must be tested accordingly.
    (2) Functional test. Prior to initial use, new or reinstalled 
derricks must be tested by a competent person with no hook load to 
verify proper operation. This test must include:
    (i) Lifting and lowering the hook(s) through the full range of hook 
travel.
    (ii) Raising and lowering the boom through the full range of boom 
travel.
    (iii) Swinging in each direction through the full range of swing.
    (iv) Actuating the anti two-block and boom hoist limit devices (if 
provided).
    (v) Actuating locking, limiting and indicating devices (if 
provided).
    (3) Load test. Prior to initial use, new or reinstalled derricks 
must be load tested by a competent person. The test load must meet the 
following requirements:
    (i) Test loads must be at least 100% and no more than 110% of the 
rated capacity, unless otherwise recommended by the manufacturer or 
qualified person, but in no event must the test load be less than the 
maximum anticipated load.
    (ii) The test must consist of:
    (A) Hoisting the test load a few inches and holding to verify that 
the load is supported by the derrick and held by the hoist brake(s).
    (B) Swinging the derrick, if applicable, the full range of its 
swing, at the maximum allowable working radius for the test load.
    (C) Booming the derrick up and down within the allowable working 
radius for the test load.
    (D) Lowering, stopping and holding the load with the brake(s).
    (iii) The derrick must not be used unless the competent person 
determines that the test has been passed.
    (4) Documentation. Tests conducted under this paragraph must be 
documented. The document must contain the date, test results and the 
name of the tester. The document must be retained until the derrick is 
re-tested or dismantled, whichever occurs first. All such documents must 
be available, during the applicable document retention period, to all 
persons who conduct inspections in accordance with Sec.  1926.1412.
    (h) Load testing repaired or modified derricks. Derricks that have 
had repairs, modifications or additions affecting the derrick's capacity 
or safe operation must be evaluated by a qualified person to determine 
if a load test is necessary. If it is, load testing

[[Page 733]]

must be conducted and documented in accordance with paragraph (g) of 
this section.
    (i) [Reserved]
    (j) Power failure procedures. If power fails during operations, the 
derrick operator must safely stop operations. This must include:
    (1) Setting all brakes or locking devices.
    (2) Moving all clutch and other power controls to the off position.
    (k) Use of winch heads. (1) Ropes must not be handled on a winch 
head without the knowledge of the operator.
    (2) While a winch head is being used, the operator must be within 
reach of the power unit control lever.
    (l) [Reserved]
    (m) Securing the boom. (1) When the boom is being held in a fixed 
position, dogs, pawls, or other positive holding mechanisms on the boom 
hoist must be engaged.
    (2) When taken out of service for 30 days or more, the boom must be 
secured by one of the following methods:
    (i) Laid down.
    (ii) Secured to a stationary member, as nearly under the head as 
possible, by attachment of a sling to the load block.
    (iii) For guy derricks, lifted to a vertical position and secured to 
the mast.
    (iv) For stiffleg derricks, secured against the stiffleg.
    (n) The process of jumping the derrick must be supervised by the A/D 
director.
    (o) Derrick operations must be supervised by a competent person.
    (p) Inspections. In addition to the requirements in Sec.  1926.1412, 
the following additional items must be included in the inspections:
    (1) Daily: Guys for proper tension.
    (2) Annual. (i) Gudgeon pin for cracks, wear, and distortion.
    (ii) Foundation supports for continued ability to sustain the 
imposed loads.
    (q) Qualification and training. The employer must train each 
operator of a derrick on the safe operation of equipment the individual 
will operate. Section 1926.1427 of this subpart (Operator qualification 
and certification) does not apply.



Sec.  1926.1437  Floating cranes/derricks and land cranes/derricks 
on barges.

    (a) This section contains supplemental requirements for floating 
cranes/derricks and land cranes/derricks on barges, pontoons, vessels or 
other means of flotation (i.e., vessel/flotation device). The sections 
of this subpart apply to floating cranes/derricks and land cranes/
derricks on barges, pontoons, vessels or other means of flotation, 
unless specified otherwise. The requirements of this section do not 
apply when using jacked barges when the jacks are deployed to the river, 
lake, or sea bed and the barge is fully supported by the jacks.
    (b) General requirements. The requirements in paragraphs (c) through 
(k) of this section apply to both floating cranes/derricks and land 
cranes/derricks on barges, pontoons, vessels or other means of 
flotation.
    (c) Work area control. (1) The requirements of Sec.  1926.1424 (Work 
area control) apply, except for Sec.  1926.1424(a)(2)(ii).
    (2) The employer must either:
    (i) Erect and maintain control lines, warning lines, railings or 
similar barriers to mark the boundaries of the hazard areas; or
    (ii) Clearly mark the hazard areas by a combination of warning signs 
(such as, ``Danger--Swing/Crush Zone'') and high visibility markings on 
the equipment that identify the hazard areas. In addition, the employer 
must train each employee to understand what these markings signify.
    (d) Keeping clear of the load. Section 1926.1425 does not apply.
    (e) Additional safety devices. In addition to the safety devices 
listed in Sec.  1926.1415, the following safety devices are required:
    (1) Barge, pontoon, vessel or other means of flotation list and trim 
device. The safety device must be located in the cab or, when there is 
no cab, at the operator's station.
    (2) Positive equipment house lock.
    (3) Wind speed and direction indicator. A competent person must 
determine if wind is a factor that needs to be considered; if wind needs 
to be considered, a wind speed and direction indicator must be used.
    (f) Operational aids. (1) An anti two-block device is required only 
when

[[Page 734]]

hoisting personnel or hoisting over an occupied cofferdam or shaft.
    (2) Section 1926.1416(e)(4) (Load weighing and similar devices) does 
not apply to dragline, clamshell (grapple), magnet, drop ball, container 
handling, concrete bucket, and pile driving work performed under this 
section.
    (g) Accessibility of procedures applicable to equipment operation. 
If the crane/derrick has a cab, the requirements of Sec.  1926.1417(c) 
apply. If the crane/derrick does not have a cab, the employer must 
ensure that:
    (1) Rated capacities (load charts) are posted at the operator's 
station. If the operator's station is moveable (such as with pendant-
controlled equipment), the load charts are posted on the equipment.
    (2) Procedures applicable to the operation of the equipment (other 
than load charts), recommended operating speeds, special hazard 
warnings, instructions and operators manual, must be readily available 
on board the vessel/flotation device.
    (h) Inspections. In addition to meeting the requirements of Sec.  
1926.1412 for inspecting the crane/derrick, the employer must inspect 
the barge, pontoons, vessel or other means of flotation used to support 
a floating crane/derrick or land crane/derrick, and ensure that:
    (1) Shift. For each shift inspection, the means used to secure/
attach the equipment to the vessel/flotation device is in proper 
condition, including wear, corrosion, loose or missing fasteners, 
defective welds, and (when applicable) insufficient tension.
    (2) Monthly. For each monthly inspection:
    (i) The means used to secure/attach the equipment to the vessel/
flotation device is in proper condition, including inspection for wear, 
corrosion, and, when applicable, insufficient tension.
    (ii) The vessel/flotation device is not taking on water.
    (iii) The deckload is properly secured.
    (iv) The vessel/flotation device is watertight based on the 
condition of the chain lockers, storage, fuel compartments, and hatches.
    (v) The firefighting and lifesaving equipment is in place and 
functional.
    (3) The shift and monthly inspections are conducted by a competent 
person, and:
    (i) If any deficiency is identified, an immediate determination is 
made by a qualified person whether the deficiency constitutes a hazard.
    (ii) If the deficiency is determined to constitute a hazard, the 
vessel/flotation device is removed from service until the deficiency has 
been corrected.
    (4) Annual: external vessel/flotation device inspection. For each 
annual inspection:
    (i) The external portion of the barge, pontoons, vessel or other 
means of flotation used is inspected annually by a qualified person who 
has expertise with respect to vessels/flotation devices and that the 
inspection includes the following items:
    (A) The items identified in paragraphs (h)(1) (Shift) and (h)(2) 
(Monthly) of this section.
    (B) Cleats, bitts, chocks, fenders, capstans, ladders, and 
stanchions, for significant corrosion, wear, deterioration, or 
deformation that could impair the function of these items.
    (C) External evidence of leaks and structural damage; evidence of 
leaks and damage below the waterline may be determined through internal 
inspection of the vessel/flotation device.
    (D) Four-corner draft readings.
    (E) Firefighting equipment for serviceability.
    (ii) Rescue skiffs, lifelines, work vests, life preservers and ring 
buoys are inspected for proper condition.
    (iii) If any deficiency is identified, an immediate determination is 
made by the qualified person whether the deficiency constitutes a hazard 
or, though not yet a hazard, needs to be monitored in the monthly 
inspections.
    (A) If the qualified person determines that the deficiency 
constitutes a hazard, the vessel/flotation device is removed from 
service until it has been corrected. See requirements in Sec.  
1926.1417(f).
    (B) If the qualified person determines that, though not presently a 
hazard, the deficiency needs to be monitored, the deficiency is checked 
in the monthly inspections.

[[Page 735]]

    (5) Four-year: internal vessel/flotation device inspection. For each 
four-year inspection:
    (i) A marine engineer, marine architect, licensed surveyor, or other 
qualified person who has expertise with respect to vessels/flotation 
devices surveys the internal portion of the barge, pontoons, vessel, or 
other means of flotation.
    (ii) If the surveyor identifies a deficiency, an immediate 
determination is made by the surveyor as to whether the deficiency 
constitutes a hazard or, though not yet a hazard, needs to be monitored 
in the monthly or annual inspections, as appropriate.
    (A) If the surveyor determines that the deficiency constitutes a 
hazard, the vessel/flotation device is removed from service until it has 
been corrected.
    (B) If the surveyor determines that, though not presently a hazard, 
the deficiency needs to be monitored, the deficiency is checked in the 
monthly or annual inspections, as appropriate.
    (6) Documentation. The monthly and annual inspections required in 
paragraphs (h)(2) and (h)(4) of this section are documented in 
accordance with Sec. Sec.  1926.1412 (e)(3) and 1926.1412(f)(7), 
respectively, and that the four-year inspection required in paragraph 
(h)(5) of this section is documented in accordance with Sec.  
1926.1412(f)(7), except that the documentation for that inspection must 
be retained for a minimum of 4 years. All such documents must be made 
available, during the applicable document retention period, to all 
persons who conduct inspections in accordance with Sec.  1926.1412.
    (i) [Reserved]
    (j) Working with a diver. The employer must meet the following 
additional requirements when working with a diver in the water:
    (1) If a crane/derrick is used to get a diver into and out of the 
water, it must not be used for any other purpose until the diver is back 
on board. When used for more than one diver, it must not be used for any 
other purpose until all divers are back on board.
    (2) The operator must remain at the controls of the crane/derrick at 
all times.
    (3) In addition to the requirements in Sec. Sec.  1926.1419 through 
1926.1422 (Signals), either:
    (i) A clear line of sight must be maintained between the operator 
and tender; or
    (ii) The signals between the operator and tender must be transmitted 
electronically.
    (4) The means used to secure the crane/derrick to the vessel/
flotation device (see paragraph (n)(5) of this section) must not allow 
any amount of shifting in any direction.
    (k) Manufacturer's specifications and limitations. (1) The employer 
must ensure that the barge, pontoons, vessel, or other means of 
flotation must be capable of withstanding imposed environmental, 
operational and in-transit loads when used in accordance with the 
manufacturer's specifications and limitations.
    (2) The employer must ensure that the manufacturer's specifications 
and limitations with respect to environmental, operational, and in-
transit loads for a barge, pontoon, vessel, or other means of flotation 
are not exceeded or violated.
    (3) When the manufacturer's specifications and limitations are 
unavailable, the employer must ensure that the specifications and 
limitations established by a qualified person with respect to 
environmental, operational and in-transit loads for the barge, pontoons, 
vessel, or other means of flotation are not exceeded or violated.
    (l) [Reserved]
    (m) Floating cranes/derricks. For equipment designed by the 
manufacturer (or employer) for marine use by permanent attachment to 
barges, pontoons, vessels or other means of flotation:
    (1) Load charts. (i) The employer must not exceed the manufacturer 
load charts applicable to operations on water. When using these charts, 
the employer must comply with all parameters and limitations (such as 
dynamic and environmental parameters) applicable to the use of the 
charts.
    (ii) The employer must ensure that load charts take into 
consideration a minimum wind speed of 40 miles per hour.

[[Page 736]]

    (2) The employer must ensure that the requirements for maximum 
allowable list and maximum allowable trim as specified in Table M1 of 
this section are met.

                                Table M1
------------------------------------------------------------------------
                                                     Maximum    Maximum
                                                    allowable  allowable
                  Rated capacity                       list       trim
                                                    (degrees)  (degrees)
------------------------------------------------------------------------
Equipment designed for marine use by permanent
 attachment (other than derricks):
25 tons or less...................................          5          5
Over 25 tons......................................          7          7
Derricks designed for marine use by permanent
 attachment:
Any rated capacity................................         10         10
------------------------------------------------------------------------

    (3) The employer must ensure that the equipment is stable under the 
conditions specified in Tables M2 and M3 of this section. (Note: 
Freeboard is the vertical distance between the water line and the main 
deck of the vessel.)

                                Table M2
------------------------------------------------------------------------
                                                       Wind     Minimum
                    Operated at                       speed    freeboard
                                                      (mph)       (ft)
------------------------------------------------------------------------
Rated capacity....................................         60          2
Rated capacity plus 25%...........................         60          1
High boom, no load................................         60          2
------------------------------------------------------------------------


                                Table M3
------------------------------------------------------------------------
                 Operated at                          Wind speed
------------------------------------------------------------------------
For backward stability of the boom:
High boom, no load, full back list (least     90 mph.
 stable condition).
------------------------------------------------------------------------

    (4) If the equipment is employer-made, it must not be used unless 
the employer has documents demonstrating that the load charts and 
applicable parameters for use meet the requirements of paragraphs (m)(1) 
through (3) of this section. Such documents must be signed by a 
registered professional engineer who is a qualified person with respect 
to the design of this type of equipment (including the means of 
flotation).
    (5) The employer must ensure that the barge, pontoons, vessel or 
other means of flotation used:
    (i) Are structurally sufficient to withstand the static and dynamic 
loads of the crane/derrick when operating at the crane/derrick's maximum 
rated capacity with all planned and actual deck loads and ballasted 
compartments.
    (ii) Have a subdivided hull with one or more longitudinal watertight 
bulkheads for reducing the free-surface effect.
    (iii) Have access to void compartments to allow for inspection and 
pumping.
    (n) Land cranes/derricks. For land cranes/derricks used on barges, 
pontoons, vessels or other means of flotation, the employer must ensure 
that:
    (1) The rated capacity of the equipment (including but not limited 
to modification of load charts) applicable for use on land is reduced 
to:
    (i) Account for increased loading from list, trim, wave action, and 
wind.
    (ii) Be applicable to a specified location(s) on the specific barge, 
pontoons, vessel or other means of flotation that will be used, under 
the environmental conditions expected and encountered.
    (iii) The conditions required in paragraphs (n)(3) and (n)(4) of 
this section are met.
    (2) The rated capacity modification required in paragraph (n)(1) of 
this section is performed by the equipment manufacturer, or a qualified 
person who has expertise with respect to both land crane/derrick 
capacity and the stability of vessels/flotation devices.
    (3) For list and trim.
    (i) The maximum allowable list and the maximum allowable trim for 
the barge, pontoon, vessel or other means of flotation must not exceed 
the amount necessary to ensure that the conditions in paragraph (n)(4) 
of this section are met. In addition, the maximum allowable list and the 
maximum allowable trim does not exceed the least of the following: 5 
degrees, the amount specified by the crane/derrick manufacturer, or, 
when, an amount is not so specified, the amount specified by the 
qualified person.
    (ii) The maximum allowable list and the maximum allowable trim for 
the land crane/derrick does not exceed the amount specified by the 
crane/derrick manufacturer, or, when, an amount is not so specified, the 
amount specified by the qualified person.
    (4) For the following conditions:

[[Page 737]]

    (i) All deck surfaces of the barge, pontoons, vessel or other means 
of flotation used are above water.
    (ii) The entire bottom area of the barge, pontoons, vessel or other 
means of flotation used is submerged.
    (5) Physical attachment, corralling, rails system and centerline 
cable system meet the requirements in Option (1), Option (2), Option 
(3), or Option (4) of this section, and that whichever option is used 
also meets the requirements of paragraph (n)(5)(v) of this section.
    (i) Option (1)--Physical attachment. The crane/derrick is physically 
attached to the barge, pontoons, vessel or other means of flotation. 
Methods of physical attachment include crossed-cable systems attached to 
the crane/derrick and vessel/flotation device, bolting or welding the 
crane/derrick to the vessel/flotation device, strapping the crane/
derrick to the vessel/flotation device with chains, or other methods of 
physical attachment.
    (ii) Option (2)--Corralling. The crane/derrick is prevented from 
shifting by installing barricade restraints (i.e., a corralling system). 
Employers must ensure that corralling systems do not allow the equipment 
to shift by any amount of shifting in any direction.
    (iii) Option (3)--Rails. The crane/derrick must be prevented from 
shifting by being mounted on a rail system. Employers must ensure that 
rail clamps and rail stops are used unless the system is designed to 
prevent movement during operation by other means.
    (iv) Option (4)--Centerline cable system. The crane/derrick is 
prevented from shifting by being mounted to a wire rope system. The 
employer must ensure that the wire rope system meets the following 
requirements:
    (A) The wire rope and attachments are of sufficient size and 
strength to support the side load of crane/derrick.
    (B) The wire rope is attached physically to the vessel/flotation 
device.
    (C) The wire rope is attached to the crane/derrick by appropriate 
attachment methods (such as shackles or sheaves) on the undercarriage, 
and that the method used will allow the crew to secure the crane/derrick 
from movement during operation and to move the crane/derrick 
longitudinally along the vessel/flotation device for repositioning.
    (D) Means are installed to prevent the crane/derrick from passing 
the forward or aft end of the wire rope attachments.
    (E) The crane/derrick is secured from movement during operation.
    (v) The systems/means used to comply with Option (1), Option (2), 
Option (3), or Option (4) of this section are designed by a marine 
engineer, registered professional engineer familiar with floating crane/
derrick design, or qualified person familiar with floating crane/derrick 
design.
    (6) Exception. For mobile auxiliary cranes used on the deck of a 
floating crane/derrick, the requirement specified by paragraph (n)(5) of 
this section to use Option (1), Option (2), Option (3), or Option (4) 
does not apply when the employer demonstrates implementation of a plan 
and procedures that meet the following requirements:
    (i) A marine engineer or registered professional engineer familiar 
with floating crane/derrick design develops and signs a written plan for 
the use of the mobile auxiliary crane.
    (ii) The plan is designed so that the applicable requirements of 
this section are met despite the position, travel, operation, and lack 
of physical attachment (or corralling, use of rails or cable system) of 
the mobile auxiliary crane.
    (iii) The plan specifies the areas of the deck where the mobile 
auxiliary crane is permitted to be positioned, travel, and operate, and 
the parameters and limitations of such movements and operation.
    (iv) The deck is marked to identify the permitted areas for 
positioning, travel, and operation.
    (v) The plan specifies the dynamic and environmental conditions that 
must be present for use of the plan.
    (vi) If the dynamic and environmental conditions in paragraph 
(n)(6)(v) of this section are exceeded, the mobile auxiliary crane is 
attached physically or corralled in accordance with Option (1), Option 
(2) or Option (4) of paragraph (n)(5) of this section.
    (7) The barge, pontoons, vessel or other means of flotation used:

[[Page 738]]

    (i) Are structurally sufficient to withstand the static and dynamic 
loads of the crane/derrick when operating at the crane/derrick's maximum 
rated capacity with all anticipated deck loads and ballasted 
compartments.
    (ii) Have a subdivided hull with one or more longitudinal watertight 
bulkheads for reducing the free surface effect.
    (iii) Have access to void compartments to allow for inspection and 
pumping.



Sec.  1926.1438  Overhead & gantry cranes.

    (a) Permanently installed overhead and gantry cranes. The 
requirements of Sec.  1910.179, except for Sec.  1910.179(b)(1), and not 
the requirements of this subpart CC, apply to the following equipment 
when used in construction and permanently installed in a facility: 
overhead and gantry cranes, including semigantry, cantilever gantry, 
wall cranes, storage bridge cranes, and others having the same 
fundamental characteristics.
    (b) Overhead and gantry cranes that are not permanently installed in 
a facility. (1) This paragraph applies to the following equipment when 
used in construction and not permanently installed in a facility: 
Overhead and gantry cranes, overhead/bridge cranes, semigantry, 
cantilever gantry, wall cranes, storage bridge cranes, launching gantry 
cranes, and similar equipment having the same fundamental 
characteristics, irrespective of whether it travels on tracks, wheels, 
or other means.
    (2) The following requirements apply to equipment identified in 
paragraph (b)(1) of this section:
    (i) Sections 1926.1400 through 1926.1414; Sec. Sec.  1926.1417 
through 1926.1425; Sec.  1926.1426(d), Sec. Sec.  1926.1427 through 
1926.1434; Sec. Sec.  1926.1437, 1926.1439, and 1926.1441.
    (ii) The following portions of Sec.  1910.179:
    (A) Paragraphs (b)(5),(6),(7); (e)(1),(3),(5),(6); (f)(1),(4); (g); 
(h)(1),(3); (k); and (n) of Sec.  1910.179.
    (B) The definitions in Sec.  1910.179(a) except for ``hoist'' and 
``load.'' For those words, the definitions in Sec.  1926.1401 apply.
    (C) Section 1910.179(b)(2), but only where the equipment identified 
in paragraph (b)(1) of this section (Sec.  1926.1438) was manufactured 
before September 19, 2001.
    (iii) For equipment manufactured on or after September 19, 2001, the 
following sections of ASME B30.2-2005 (incorporated by reference, see 
Sec.  1926.6) apply: 2-1.3.1; 2-1.3.2; 2-1.4.1; 2-1.6; 2-1.7.2; 2-1.8.2; 
2-1.9.1; 2-1.9.2; 2-1.11; 2-1.12.2; 2-1.13.7; 2-1.14.2; 2-1.14.3; 2-
1.14.5; 2-1.15.; 2-2.2.2; 2-3.2.1.1. In addition, 2-3.5 applies, except 
in 2-3.5.1(b), ``29 CFR 1910.147'' is substituted for ``ANSI Z244.1.''



Sec.  1926.1439  Dedicated pile drivers.

    (a) The provisions of subpart CC apply to dedicated pile drivers, 
except as specified in this section.
    (b) Section 1926.1416(d)(3) (Anti two-blocking device) does not 
apply.
    (c) Section 1926.1416(e)(4) (Load weighing and similar devices) 
applies only to dedicated pile drivers manufactured after November 8, 
2011.
    (d) In Sec.  1926.1433, only Sec. Sec.  1926.1433(d) and (e) apply 
to dedicated pile drivers.



Sec.  1926.1440  Sideboom cranes.

    (a) The provisions of this standard apply, except Sec.  1926.1402 
(Ground conditions), Sec.  1926.1415 (Safety devices), Sec.  1926.1416 
(Operational aids), and Sec.  1926.1427 (Operator qualification and 
certification).
    (b) Section 1926.1426 (Free fall and controlled load lowering) 
applies, except Sec.  1926.1426(a)(2)(i). Sideboom cranes in which the 
boom is designed to free fall (live boom) are permitted only if 
manufactured prior to November 8, 2010.
    (c) Sideboom cranes mounted on wheel or crawler tractors must meet 
all of the following requirements of ASME B30.14-2004 (incorporated by 
reference, see Sec.  1926.6):
    (1) Section 14-1.1 (``Load Ratings'').
    (2) Section 14-1.3 (``Side Boom Tractor Travel'').
    (3) Section 14-1.5 (``Ropes and Reeving Accessories'').
    (4) Section 14-1.7.1 (``Booms'').
    (5) Section 14-1.7.2 (``General Requirements--Exhaust Gases'').

[[Page 739]]

    (6) Section 14-1.7.3 (``General Requirements--Stabilizers (Wheel-
Type Side Boom Tractors)'').
    (7) Section 14-1.7.4 (``General Requirements--Welded 
Construction'').
    (8) Section 14-1.7.6 (``General Requirements--Clutch and Brake 
Protection'').
    (9) Section 14-2.2.2 (``Testing--Rated Load Test''), except that it 
applies only to equipment that has been altered or modified.
    (10) In section 14-3.1.2 (``Operator Qualifications''), paragraph 
(a), except the phrase ``When required by law.''
    (11) In section 14-3.1.3 (``Operating Practices''), paragraphs (e), 
(f)(1)-(f)(4), (f)(6), (f)(7), (h), and (i).
    (12) In section 14-3.2.3 (``Moving the Load''), paragraphs (j), (l), 
and (m).



Sec.  1926.1441  Equipment with a rated hoisting/lifting capacity 
of 2,000 pounds or less.

    The following paragraphs of this section specify requirements for 
employers using equipment with a maximum rated hoisting/lifting capacity 
of 2,000 pounds or less.
    (a) The employer using this equipment must comply with the following 
provisions of this subpart: Sec.  1926.1400 (Scope); Sec.  1926.1401 
(Definitions); Sec.  1926.1402 (Ground conditions); Sec.  1926.1403 
(Assembly/disassembly--selection of manufacturer or employer 
procedures); Sec.  1926.1406 (Assembly/disassembly--employer 
procedures); Sec. Sec.  1926.1407 through 1926.1411 (Power line safety); 
Sec.  1926.1412(c) (Post-assembly); Sec. Sec.  1926.1413 through 
1926.1414 (Wire rope); Sec.  1926.1418 (Authority to stop operation); 
Sec. Sec.  1926.1419 through 1926.1422 (Signals); Sec.  1926.1423 (Fall 
protection); Sec.  1926.1425 (Keeping clear of the load) (except for 
Sec.  1926.1425(c)(3) (qualified rigger)); Sec.  1926.1426 (Free fall 
and controlled load lowering); Sec.  1926.1432 (Multiple crane/derrick 
lifts--supplemental requirements); Sec.  1926.1434 (Equipment 
modifications); Sec.  1926.1435 (Tower cranes); Sec.  1926.1436 
(Derricks); Sec.  1926.1437 (Floating cranes/derricks and land cranes/
derricks on barges); Sec.  1926.1438 (Overhead & gantry cranes).
    (b) Assembly/disassembly. (1) In addition to compliance with 
Sec. Sec.  1926.1403 (Assembly/disassembly--selection of manufacturer or 
employer procedures) and 1926.1406 (Assembly/disassembly--employer 
procedures), the employer must also comply with Sec.  1926.1441(b)(2)-
(3).
    (2) Components and configuration. The employer must ensure that:
    (i) The selection of components, and the configuration of the 
equipment, that affect the capacity or safe operation of the equipment 
complies with either the:
    (A) Manufacturer instructions, recommendations, limitations, and 
specifications. When these documents and information are unavailable, a 
registered professional engineer familiar with the type of equipment 
involved must approve, in writing, the selection and configuration of 
components; or
    (B) Approved modifications that meet the requirements of Sec.  
1926.1434 (Equipment modifications).
    (ii) Post-assembly inspection. Upon completion of assembly, the 
equipment is inspected to ensure that it is in compliance with paragraph 
(b)(2)(i) of this section (see Sec.  1926.1412(c) for post-assembly 
inspection requirements).
    (3) Manufacturer prohibitions. The employer must comply with 
applicable manufacturer prohibitions.
    (c) Operation--procedures. (1) The employer must comply with all 
manufacturer procedures applicable to the operational functions of the 
equipment, including its use with attachments.
    (2) Unavailable operation procedures. The employer must:
    (i) When the manufacturer's procedures are unavailable, develop, and 
ensure compliance with, all procedures necessary for the safe operation 
of the equipment and attachments.
    (ii) Ensure that procedures for the operational controls are 
developed by a qualified person.
    (iii) Ensure that procedures related to the capacity of the 
equipment are developed and signed by a registered professional engineer 
familiar with the equipment.
    (3) Accessibility. The employer must ensure that:
    (i) The load chart is available to the operator at the control 
station;
    (ii) Procedures applicable to the operation of the equipment, 
recommended operating speeds, special

[[Page 740]]

hazard warnings, instructions, and operator's manual are readily 
available for use by the operator.
    (iii) When rated capacities are available at the control station 
only in electronic form and a failure occurs that makes the rated 
capacities inaccessible, the operator immediately ceases operations or 
follows safe shut-down procedures until the rated capacities (in 
electronic or other form) are available.
    (d) Safety devices and operational aids. (1) The employer must 
ensure that safety devices and operational aids that are part of the 
original equipment are maintained in accordance with manufacturer 
procedures.
    (2) Anti two-blocking. The employer must ensure that equipment 
covered by this section manufactured more than one year after November 
8, 2010 have either an anti two-block device that meets the requirements 
of Sec.  1926.1416(d)(3), or is designed so that, in the event of a two-
block situation, no damage or load failure will occur (for example, by 
using a power unit that stalls in response to a two-block situation).
    (e) Operator qualifications. The employer must train each operator, 
prior to operating the equipment, on the safe operation of the type of 
equipment the operator will be using.
    (f) Signal person qualifications. The employer must train each 
signal person in the proper use of signals applicable to the use of the 
equipment.
    (g) [Reserved]
    (h) Inspections. The employer must ensure that equipment is 
inspected in accordance with manufacturer procedures.
    (i) [Reserved]
    (j) Hoisting personnel. The employer must ensure that equipment 
covered by this section is not used to hoist personnel.
    (k) Design. The employer must ensure that the equipment is designed 
by a qualified engineer.



Sec.  1926.1442  Railroad roadway maintenance machines.

    (a) General rule. Employers using equipment covered by this subpart 
that meets the definition of ``roadway maintenance machine,'' as defined 
in 49 CFR 214.7, must comply with the requirements in this subpart, 
except as provided in paragraphs (b)(1) through (7) of this section when 
subject to the authority of the Federal Railroad Administration.
    (b) Exceptions--(1) Operator certification, training, and 
evaluation. The requirements in Sec. Sec.  1926.1427 (Operator 
qualification and certification) and 1926.1430 (Training) do not apply. 
The qualification and training requirements contained in Sec. Sec.  
1926.1436(q) (Qualification and training for derricks), 1926.1440(a) 
(Sideboom cranes), and 1926.1441(a) (Equipment with a rated hoisting/
lifting capacity of 2,000 pounds or less) do not apply.
    (2) Rail clamps, rail stops, and work-area controls. (i) The 
requirement for rail clamps in Sec.  1926.1415(a)(6) does not apply;
    (ii) The requirement for rail stops in Sec.  1926.1415(a)(6) does 
not apply; and
    (iii) The work-area controls specified by Sec.  1926.1424(a)(2) do 
not apply.
    (3) Out-of-level work. The restrictions on out-of-level work, and 
the requirements for crane-level indicators and inspections of those 
indicators (including the requirements in Sec. Sec.  1926.1402(b), 
1926.1412(d)(1)(xi), and 1926.1415(a)(1)), do not apply.
    (4) Dragging a load sideways. The prohibition in Sec.  1926.1417(q) 
on dragging a load sideways does not apply.
    (5) Boom-hoist limiting device. The requirement in Sec.  
1926.1416(d)(1) for a boom-hoist limiting device does not apply to 
roadway maintenance machines when the cranes use hydraulic cylinders to 
raise the booms.
    (6) Manufacturer guidance for modifications covered by Sec.  
1926.1434. The requirements to follow the manufacturer's guidance set 
forth in Sec.  1926.1434 do not apply if the employer is subject to the 
requirements of 49 CFR part 214.
    (7) Other manufacturer guidance. The requirements to follow the 
manufacturer's guidance, instructions, procedures, prohibitions, 
limitations, or specifications, set forth in Sec.  1926.1404(j), (m), or 
(q); Sec.  1926.1415(a)(6); Sec.  1926.1417(a), (r), (u), or (aa); Sec.  
1926.1433(d)(1)(i); or Sec.  1926.1441 do not apply if the employer is 
subject to the requirements of 49 CFR part 214.

[85 FR 57122, Sept. 15, 2020]

[[Page 741]]



Sec.  1926.1443  Severability.

    Should a court of competent jurisdiction hold any provision(s) of 
subpart CC to be invalid, such action shall not affect any other 
provision of the subpart.

[75 FR 48135, Aug. 9, 2010. Redesignated at 85 FR 57122, Sept. 15, 2020]



    Sec. Appendix A to Subpart CC of Part 1926--Standard Hand Signals
[GRAPHIC] [TIFF OMITTED] TR09AU10.003


[[Page 742]]


[GRAPHIC] [TIFF OMITTED] TR09AU10.004



Sec. Appendix B to Subpart CC of Part 1926--Assembly/Disassembly: Sample 
Procedures for Minimizing the Risk of Unintended Dangerous Boom Movement

    1. Section 1926.1404(f)(1) provides that when pins (or similar 
devices) are being removed, employees must not be under the boom, jib, 
or other components, except where the requirements of Sec.  
1926.1404(f)(2) are met. The exception in Sec.  1926.1404(f)(2) applies 
when the employer demonstrates that site constraints require one or more 
employees to be under the boom, jib, or other components when pins (or 
similar devices) are being removed. In such a situation, the A/D 
director must implement procedures that minimize the risk of unintended 
dangerous movement and minimize the duration and extent of exposure 
under the boom.
    The following scenario is an example of how the exception applies: A 
boom cannot be disassembled on the ground because of aboveground piping 
(as might be found, for example, in an oil refinery) that precludes 
lowering the boom to the ground. The boom must therefore be disassembled 
in the air, and the employees who remove the pins must perform that work 
from an aerial lift whose base is positioned on one side (the near side) 
of the boom. To gain access to the pins on the far side, the aerial lift 
basket must move under the boom, since, due to lack of room,

[[Page 743]]

the aerial lift cannot be repositioned on the far side. Due to lack of 
room, the aerial lift cannot be repositioned on the far side, so the 
aerial basket must move under the boom to gain access to the pins on the 
far side.
    To minimize the risk of unintended dangerous movement while the pins 
are removed, the A/D director uses an assist crane that is rigged to 
support the boom section that is being detached, using particular care 
to ensure that the section end that is near the employee(s) removing the 
pins is well supported. The duration and extent of exposure is minimized 
by removing the far side pins first, moving the aerial lift basket as 
soon as possible to the near side so that the employees are no longer 
under the boom, and then removing the near side pins.
    2. Section 1926.1404(h)(6)(i) provides that, during assembly/
disassembly, the center of gravity of the load must be identified if 
that is necessary for the method used for maintaining stability. Section 
1926.1404(h)(6)(ii) states that, where there is insufficient information 
to accurately identify the center of gravity, measures designed to 
prevent unintended dangerous movement resulting from an inaccurate 
identification of the center of gravity must be used.
    An example of the application of Sec.  1926.1404(h)(6)(ii) is as 
follows: The boom is assembled by lowering boom sections sequentially 
into place using an assist crane. The A/D director's plan is to keep the 
boom sections stable while they are lowered into place by attaching the 
assist crane hoist line above the center of gravity of each section. 
However, in assembling the non-symmetrical top section of the boom, the 
A/D director is not able to determine where to attach the assist crane 
hoist line so that it is above the center of gravity. In this situation, 
before raising the section, all personnel are kept clear of the section 
and the section is first raised a few inches to determine whether it 
tips when raised (if it did tip, it would indicate it is not rigged over 
the center of gravity). If this occurs, the hoist line is repositioned 
and the procedure repeated (with employees kept clear of the section 
while it is raised) until the A/D director determines that it is rigged 
over the center of gravity and can be moved into place without dangerous 
movement.



  Sec. Appendix C to Subpart CC of Part 1926--Operator Certification: 
            Written Examination: Technical Knowledge Criteria

    This appendix contains information for employers, accredited testing 
organizations, auditors and government entities developing criteria for 
a written examination to test an individual's technical knowledge 
relating to the operation of cranes.
    (a) General technical information.
    (1) The functions and limitations of the crane and attachments.
    (2) Wire rope:
    (i) Background information necessary to understand the inspection 
and removal from service criteria in Sec.  1926.1413 and Sec.  
1926.1414.
    (ii) Capacity and when multi-part rope is needed.
    (iii) Relationship between line pull and safe working load.
    (iv) How to determine the manufacturer's recommended rope for the 
crane.
    (3) Rigging devices and their use, such as:
    (i) Slings.
    (ii) Spreaders.
    (iii) Lifting beams.
    (iv) Wire rope fittings, such as clips, shackles and wedge sockets.
    (v) Saddles (softeners).
    (vi) Clamps (beams).
    (4) The technical limitations of protective measures against 
electrical hazards:
    (i) Grounding.
    (ii) Proximity warning devices.
    (iii) Insulated links.
    (iv) Boom cages.
    (v) Proximity to electric power lines, radii, and microwave 
structures.
    (5) The effects of load share and load transfer in multi-crane 
lifts.
    (6) Basic crane terms.
    (7) The basics of machine power flow systems.
    (i) Mechanical.
    (ii) Electrical.
    (iii) Pneumatic.
    (iv) Hydraulic.
    (v) Combination.
    (8) The significance of the instruments and gauge readings.
    (9) The effects of thermal expansion and contraction in hydraulic 
cylinders.
    (10) Background information necessary to understand the requirements 
of pre-operation and inspection.
    (11) How to use the safety devices and operational aids required 
under Sec.  1926.1415 and Sec.  1926.1416.
    (12) The difference between duty-cycle and lifting operations.
    (13) How to calculate net capacity for every possible configuration 
of the equipment using the manufacturer's load chart.
    (14) How to use manufacturer-approved attachments and their effect 
on the equipment.
    (15) How to obtain dimensions, weight, and center of gravity of the 
load.
    (16) The effects of dynamic loading from:
    (i) Wind.
    (ii) Stopping and starting.
    (iii) Impact loading.
    (iv) Moving with the load.
    (17) The effect of side loading.
    (18) The principles of backward stability.
    (b) Site information.

[[Page 744]]

    (1) How to identify the suitability of the supporting ground/surface 
to support the expected loads of the operation. Elements include:
    (i) Weaknesses below the surface (such as voids, tanks, loose fill).
    (ii) Weaknesses on the surface (such as retaining walls, slopes, 
excavations, depressions).
    (2) Proper use of mats, blocking/cribbing, outriggers, stabilizers, 
or crawlers.
    (3) Identification of site hazards such as power lines, piping, and 
traffic.
    (4) How to review operation plans with supervisors and other workers 
(such as the signal person), including how to determine working height, 
boom length, load radius, and travel clearance.
    (5) How to determine if there is adequate room for extension of 
crawlers or outriggers/stabilizers and counterweights.
    (c) Operations.
    (1) How to pick, carry, swing and place the load smoothly and safely 
on rubber tires and on outriggers/stabilizers or crawlers (where 
applicable).
    (2) How to communicate at the site with supervisors, the crew and 
the signal person.
    (3) Proper procedures and methods of reeving wire ropes and methods 
of reeving multiple-part lines and selecting the proper load block and/
or ball.
    (4) How to react to changes in conditions that affect the safe 
operation of the equipment.
    (5) How to shut down and secure the equipment properly when leaving 
it unattended.
    (6) Know how to apply the manufacturer's specifications for 
operating in various weather conditions, and understand how 
environmental conditions affect the safe operation of the equipment.
    (7) How to properly level the equipment.
    (8) How to verify the weight of the load and rigging prior to 
initiating the lift.
    (9) How to determine where the load is to be picked up and placed 
and how to verify the radii.
    (10) Know basic rigging procedures.
    (11) How to carry out the shift inspection required in this subpart.
    (12) Know that the following operations require specific procedures 
and skill levels:
    (i) Multi-crane lifts.
    (ii) Hoisting personnel.
    (iii) Clamshell/dragline operations.
    (iv) Pile driving and extracting.
    (v) Concrete operations, including poured-in-place and tilt-up.
    (vi) Demolition operations.
    (vii) Operations on water.
    (viii) Magnet operations.
    (ix) Multi-drum operations.
    (13) Know the proper procedures for operating safely under the 
following conditions:
    (i) Traveling with suspended loads.
    (ii) Approaching a two-block condition.
    (iii) Operating near power lines.
    (iv) Hoisting personnel.
    (v) Using other than full outrigger/crawler or stabilizer 
extensions.
    (vi) Lifting loads from beneath the surface of the water.
    (vii) Using various approved counterweight configurations.
    (viii) Handling loads out of the operator's vision (``operating in 
the blind'').
    (ix) Using electronic communication systems for signal 
communication.
    (14) Know the proper procedures for load control and the use of 
hand-held tag lines.
    (15) Know the emergency response procedure for:
    (i) Fires.
    (ii) Power line contact.
    (iii) Loss of stability.
    (iv) Control malfunction.
    (v) Two-blocking.
    (vi) Overload.
    (vii) Carrier or travel malfunction.
    (16) Know how to properly use outriggers and stabilizers in 
accordance with manufacturer specifications.
    (d) Use of load charts.
    (1) Know the terminology necessary to use load charts.
    (2) Know how to ensure that the load chart is the appropriate chart 
for the equipment in its particular configuration and application.
    (3) Know how to use load charts. This includes knowing:
    (i) The operational limitations of load charts and footnotes.
    (ii) How to relate the chart to the configuration of the crane, 
crawlers, or outriggers/stabilizers extended or retracted, jib erected 
or offset, and various counterweight configurations.
    (iii) The difference between structural capacity and capacity 
limited by stability.
    (iv) What is included in capacity ratings.
    (v) The range diagram and its relationship to the load chart.
    (vi) The work area chart and its relationship to the load chart.
    (vii) Where to find and how to use the ``parts-of-line'' 
information.
    (4) Know how to use the load chart together with the load indicators 
and/or load moment devices.



[[Page 745]]



    Sec. Appendix A to Part 1926--Designations for General Industry 
       Standards Incorporated Into Body of Construction Standards

 New Designations for General Industry Standards Incorporated Into Body 
                        of Construction Standards

             1926 Designations for Applicable 1910 Standards
------------------------------------------------------------------------
                                              Source Sec.   no. and/or
        New Sec.   no. and/or para.                     para.
------------------------------------------------------------------------
1926.20 (c)...............................  1910.5 (a)
 [Do.] (d)................................   [Do.] (c)
 [Do.] (e)................................   [Do.] (d)
1926.32(g)................................  1910.12(b)
1926.33...................................  1910.20
1926.34 (a)...............................  1910.36(b)(4)
 [Do.] (b)................................  1910.37 (q)(1)
 [Do.] (c)................................   [Do.] (k)(2)
1926.35...................................  1910.38(a)
1926.50(g)................................  1910.151(c)
1926.51(a)(6).............................  1910.141(a)(2)(v)
 [Do.] (d)(2).............................   [Do.] (h)
 [Do.] (f) (2)-(4)........................   [Do.] (d) (1)-(3)
 [Do.] (g)................................   [Do.] (g)(2)
 [Do.] (h)................................   [Do.] (a)(5)
 [Do.] (i)................................   [Do.] (e)
1926.53 (c)-(r)...........................  1910.96
1926.57 (f)-(i)...........................  1910.94
1926.64...................................  1910.119
1926.65...................................  1910.120
1926.66 (a)...............................  1910.107 (a)
 [Do.] (b)................................  [Do.] (b) (1)-(10)
 [Do.] (c)-(d)............................   [Do.] (c)-(d)
 [Do.] (e)-(g)............................   [Do.] (h)-(j)
1926.95...................................  1910.132
1926.96...................................  1910.136
1926.97 (a)-(e)...........................  1910.156(e)
 [Do.] (f)-(h)............................   [Do.] Subpt. L App. E
1926.98...................................  1910.156(f)
1926.102(a) (6)...........................  1910.133(a) (2)
 [Do.] (7)................................   [Do.] (4)
 [Do.] (8)................................   [Do.] (5)
1926.103 (d)..............................  1910.134 (a)
 [Do.] (e)................................   [Do.] (b)
 [Do.] (f)-(i)............................   [Do.] (d)-(g)
1926.150(c)(1) (xi).......................  1910.157 (g)(1)
 [Do.] (xii)..............................   [Do.] (g)(2)
 [Do.] (xiii).............................   [Do.] (c)(4)
 [Do.] (xiv)..............................   [Do.] (e)(3)
1926.152 (b)(5)...........................  1910.107(e)(2)
 [Do.] (h)................................  1910.106(j)
 [Do.] (i)................................   [Do.] (b)
 [Do.] (j)................................   [Do.] (c)
 [Do.] (k) (1)-(3)........................   [Do.] (g)(4)
 [Do.] (k)(4).............................   [Do.] (a)(22)
1926.153(a) (3)...........................  1910.110(a)(4)
 [Do.] (m) (1)............................   [Do.] (d)(1)
 [Do.] (2)................................   [Do.] (d)(2)
 [Do.] (3)................................   [Do.] (d)(7)(vii)
 [Do.] (4)................................   [Do.] (d)(7)(viii)
 [Do.] (n)................................   [Do.] (b)(5)(iii)
 [Do.] (o)................................   [Do.] (d)(10)
1926.156..................................  1910.160
1926.157..................................  1910.162
1926.158..................................  1910.164
1926.159..................................  1910.165
1926.200(c)(3)............................  1910.145(d)(4)
1926.250(c)...............................  1910.176(c)
 [Do.] (d) (1)-(4)........................  1910.30(a) (1), (2), (4) and
                                             (5)
1926.251(a)(5)............................  1910.184(a)
 [Do.] (a)(6).............................   [Do.] (d)
 [Do.] (b)(6)(i)-(ii).....................   [Do.] (e)(3)(i)-(ii)
 [Do.] (c)(6)-(7).........................   [Do.] (c) (2)-(3)
 [Do.] (c)(8).............................   [Do.] (c)(5)
 [Do.] (c)(9).............................   [Do.] (c)(7)
 [Do.] (c)(10)-(12).......................   [Do.] (c)(10)-(12)
 [Do.] (c)(13)-(15).......................   [Do.](f) (2)-(4)
 [Do.] (d)(3)-(6).........................   [Do.] (h) (2)-(5)
 [Do.] (e)(3)-(5).........................   [Do.] (i) (2)-(4)
 [Do.] (e)(6)-(7).........................   [Do.] (i) (6)-(7)
 [Do.] (e)(8).............................   [Do.] (i)(9)
1926.300(b) (3)...........................  1910.212(a)(1)
 [Do.] (4)................................   [Do.] (a)(3)
 [Do.] (5)................................   [Do.] (a)(5)
 [Do.] (6)................................   [Do.] (b)
 [Do.] (7)................................  1910.215(b)(9)
 [Do.] (8) and (9)........................   [Do.] (b) (3) and (4)
1926.302(b)(10)...........................  1910.244(b)
1926.303(b)(2)............................  1910.215(a) (2)
 [Do.] (e)................................   [Do.] (4)
1926.304 (g)..............................  1910.213(h)(1)
 [Do.] (h)................................   [Do.] (d)(1)
 [Do.] (i)................................   [Do.] (c)(1)
1926.305(d)(1)............................  1910.244(a)(2) (iii)-(viii)
1926.306..................................  1910.169
1926.307..................................  1910.219
1926.350(a) (10)..........................  1910.253(b) (4)(iii)
 [Do.] (11)...............................   [Do.] (2)(ii)
 [Do.] (12)...............................  1910.101(b)
1926.353(b)(3)............................  1910.252(b)(4)(iv)
1926.416 (a)(4)...........................  1910.333(c)(2)
 [Do.] (f) (1)............................   [Do.] (c)(10)
 [Do.] (2)................................  1910.334(a)(1)
 [Do.] (3)................................   [Do.] (a)(2)(iii)
 [Do.] (4)................................   [Do.] (a)(5)
 [Do.] (5)-(6)............................   [Do.] (b) (1)-(2)
 [Do.] (7)-(9)............................   [Do.] (c) (1)-(3)
 [Do.] (10)...............................   [Do.] (d)
1926.417(d)...............................  1910.333(b)(2)
1926.451(a) (22)..........................  1910.28(a) (15)
 [Do.] (23)...............................   [Do.] (18)
 [Do.] (24)...............................   [Do.] (20)
1926.453 (a)..............................  1910.29(a)
 [Do.] (b)................................   [Do.] (c)
1926.600(a)(7)............................  1910.176(f)
1926.602(c)(1) (vii)......................  1910.178(m) (3)
 [Do.] (viii).............................   [Do.] (12)
1926.900 (s)..............................  1910.109 (g)(2)(ii)
 [Do.] (t)................................   [Do.] (h)(3)(ii)
1926.905(u)...............................   [Do.] (e)(3)(iii)
1926.914(aa)..............................   [Do.] (a)(12)

[[Page 746]]

 
1926.1050(b)..............................  1910.21(g)(9)
------------------------------------------------------------------------
1926.1071.................................  1910.401
1926.1072.................................  1910.402
1926.1076.................................  1910.410
1926.1080.................................  1910.420
1926.1081.................................  1910.421
1926.1082.................................  1910.422
1926.1083.................................  1910.423
1926.1084.................................  1910.424
1926.1085.................................  1910.425
1926.1086.................................  1910.426
1926.1087.................................  1910.427
1926.1090.................................  1910.430
1926.1091.................................  1910.440
1926.1092.................................  1910.441
------------------------------------------------------------------------
1926.1102.................................  1910.1002
1926.1103.................................  1910.1003
1926.1104.................................  1910.1004
1926.1105.................................  1910.1005
1926.1106.................................  1910.1006
1926.1107.................................  1910.1007
1926.1108.................................  1910.1008
1926.1109.................................  1910.1009
1926.1110.................................  1910.1010
1926.1111.................................  1910.1011
1926.1112.................................  1910.1012
1926.1113.................................  1910.1013
1926.1114.................................  1910.1014
1926.1115.................................  1910.1015
1926.1116.................................  1910.1016
1926.1117.................................  1910.1017
1926.1118.................................  1910.1018
1926.1128.................................  1910.1028
1926.1129.................................  1910.1029
1926.1144.................................  1910.1044
1926.1145.................................  1910.1045
1926.1147.................................  1910.1047
1926.1148.................................  1910.1048
------------------------------------------------------------------------


[58 FR 35305, June 30, 1993, as amended at 61 FR 9255, Mar. 7, 1996; 75 
FR 48135, Aug. 9, 2010]

                          PART 1927 [RESERVED]



PART 1928_OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR 
AGRICULTURE--Table of Contents



                            Subpart A_General

Sec.
1928.1 Purpose and scope.

                  Subpart B_Applicability of Standards

1928.21 Applicable standards in 29 CFR part 1910.

                Subpart C_Roll-Over Protective Structures

1928.51 Roll-over protective structures (ROPS) for tractors, used in 
          agricultural operations.
1928.52 Protective frames for wheel-type agricultural tractors--test 
          procedures and performance requirements.
1928.53 Protective enclosures for wheel-type agricultural tractors--test 
          procedures and performance requirements.

Appendix A to Subpart C of Part 1928--Employee Operating Instructions
Appendix B to Subpart C of Part 1928--Figures C-1 through C-16

               Subpart D_Safety for Agricultural Equipment

1928.57 Guarding of farm field equipment, farmstead equipment, and 
          cotton gins.

Subparts E-H [Reserved]

                Subpart I_General Environmental Controls

1928.110 Field sanitation.

Subparts J-L [Reserved]

                      Subpart M_Occupational Health

1928.1027 Cadmium.

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 
FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 
4-2010 (75 FR 55355), or 8-2020 (85 FR 58393), as applicable; and 29 CFR 
1911.
    Section 1928.21 also issued under 49 U.S.C. 1801-1819 and 5 U.S.C. 
553.

    Source: 40 FR 18257, Apr. 25, 1975, unless otherwise noted.



                            Subpart A_General



Sec.  1928.1  Purpose and scope.

    This part contains occupational safety and health standards 
applicable to agricultural operations.



                  Subpart B_Applicability of Standards



Sec.  1928.21  Applicable standards in 29 CFR part 1910.

    (a) The following standards in part 1910 of this chapter shall apply 
to agricultural operations:
    (1) Temporary labor camps--Sec.  1910.142;

[[Page 747]]

    (2) Storage and handling of anhydrous ammonia--Sec.  1910.111 (a) 
and (b);
    (3) Logging operations--Sec.  1910.266;
    (4) Slow-moving vehicles--Sec.  1910.145;
    (5) Hazard communication--Sec.  1910.1200;
    (6) Cadmium--Sec.  1910.1027.
    (7) Retention of DOT markings, placards and labels--Sec.  1910.1201.
    (8) COVID-19--Sec.  1910.501, but only with respect to--
    (i) Agricultural establishments where eleven (11) or more employees 
are engaged on any given day in hand-labor operations in the field; and
    (ii) Agricultural establishments that maintain a temporary labor 
camp, regardless of how many employees are engaged on any given day in 
hand-labor operations in the field.
    (b) Except to the extent specified in paragraph (a) of this section, 
the standards contained in subparts B through T and subpart Z of part 
1910 of this title do not apply to agricultural operations.

(Section 1928.21 contains a collection of information which has been 
approved by the Office of Management and Budget under OMB control number 
1218-0072)

[40 FR 18257, Apr. 25, 1975, as amended at 42 FR 38569, July 29, 1977; 
52 FR 31886, Aug. 24, 1987; 59 FR 36700, July 19, 1994; 59 FR 51748, 
Oct. 12, 1994; 61 FR 5510, Feb. 13, 1996; 61 FR 9255, Mar. 7, 1996; 86 
FR 61555, Nov. 5, 2021]



                Subpart C_Roll-Over Protective Structures



Sec.  1928.51  Roll-over protective structures (ROPS) for tractors used in
agricultural operations.

    (a) Definitions. As used in this subpart--
    Agricultural tractor means a two-or four-wheel drive type vehicle, 
or track vehicle, of more than 20 engine horsepower, designed to furnish 
the power to pull, carry, propel, or drive implements that are designed 
for agriculture. All self-propelled implements are excluded.
    Low profile tractor means a wheeled tractor possessing the following 
characteristics:
    (1) The front wheel spacing is equal to the rear wheel spacing, as 
measured from the centerline of each right wheel to the centerline of 
the corresponding left wheel.
    (2) The clearance from the bottom of the tractor chassis to the 
ground does not exceed 18 inches.
    (3) The highest point of the hood does not exceed 60 inches, and
    (4) The tractor is designed so that the operator straddles the 
transmission when seated.
    Tractor weight includes the protective frame or enclosure, all 
fuels, and other components required for normal use of the tractor. 
Ballast shall be added as necessary to achieve a minimum total weight of 
110 lb. (50.0 kg.) per maximum power take-off horsepower at the rated 
engine speed or the maximum gross vehicle weight specified by the 
manufacturer, whichever is the greatest. Front end weight shall be at 
least 25 percent of the tractor test weight. In case power take-off 
horsepower is not available, 95 percent of net engine flywheel 
horsepower shall be used.
    (b) General requirements. Agricultural tractors manufactured after 
October 25, 1976, shall meet the following requirements:
    (1) Roll-over protective structures (ROPS). ROPS shall be provided 
by the employer for each tractor operated by an employee. Except as 
provided in paragraph (b)(5) of this section, a ROPS used on wheel-type 
tractors shall meet the test and performance requirements of 29 CFR 
1928.52, 1928.53, or 1926.1002 as appropriate. A ROPS used on track-type 
tractors shall meet the test and performance requirements of 29 CFR 
1926.1001.
    (2) Seatbelts. (i) Where ROPS are required by this section, the 
employer shall:
    (A) Provide each tractor with a seatbelt which meets the 
requirements of this paragraph;
    (B) Ensure that each employee uses such seatbelt while the tractor 
is moving; and
    (C) Ensure that each employee tightens the seatbelt sufficiently to 
confine the employee to the protected area provided by the ROPS.
    (ii) Each seatbelt shall meet the requirements set forth in Society 
of Automotive Engineers Standard SAE

[[Page 748]]

J4C, 1965 Motor Vehicle Seat Belt Assemblies, \2\ except as noted 
hereafter:
---------------------------------------------------------------------------

    \2\ Copies may be obtained from the Society of Automotive Engineers, 
400 Commonwealth Drive, Warrendale, PA 15096.
---------------------------------------------------------------------------

    (A) Where a suspended seat is used, the seatbelt shall be fastened 
to the movable portion of the seat to accommodate a ride motion of the 
operator.
    (B) The seatbelt anchorage shall be capable of withstanding a static 
tensile load of 1,000 pounds (453.6 kg) at 45 degrees to the horizontal 
equally divided between the anchorages. The seat mounting shall be 
capable of withstanding this load plus a load equal to four times the 
weight of all applicable seat components applied at 45 degrees to the 
horizontal in a forward and upward direction. In addition, the seat 
mounting shall be capable of withstanding a 500 pound (226.8 kg) belt 
load plus two times the weight of all applicable seat components both 
applied at 45 degrees to the horizontal in and upward and rearward 
direction. Floor and seat deformation is acceptable provided there is 
not structural failure or release of the seat adjusted mechanism or 
other locking device.
    (C) The seatbelt webbing material shall have a resistance to acids, 
alkalies, mildew, aging, moisture, and sunlight equal to or better than 
that of untreated polyester fiber.
    (3) Protection from spillage. Batteries, fuel tanks, oil reservoirs, 
and coolant systems shall be constructed and located or sealed to assure 
that spillage will not occur which may come in contact with the operator 
in the event of an upset.
    (4) Protection from sharp surfaces. All sharp edges and corners at 
the operator's station shall be designed to minimize operator injury in 
the event of an upset.
    (5) Exempted uses. Paragraphs (b)(1) and (b)(2) of this section do 
not apply to the following uses:
    (i) Low profile tractors while they are used in orchards, vineyards 
or hop yards where the vertical clearance requirements would 
substantially interfere with normal operations, and while their use is 
incidental to the work performed therein.
    (ii) Low profile tractors while used inside a farm building or 
greenhouse in which the vertical clearance is insufficient to allow a 
ROPS equipped tractor to operate, and while their use is incidental to 
the work performed therein.
    (iii) Tractors while used with mounted equipment which is 
incompatible with ROPS (e.g. cornpickers, cotton strippers, vegetable 
pickers and fruit harvesters).
    (6) Remounting. Where ROPS are removed for any reason, they shall be 
remounted so as to meet the requirements of this paragraph.
    (c) Labeling. Each ROPS shall have a label, permanently affixed to 
the structure, which states:
    (1) Manufacturer's or fabricator's name and address;
    (2) ROPS model number, if any;
    (3) Tractor makes, models, or series numbers that the structure is 
designed to fit; and
    (4) That the ROPS model was tested in accordance with the 
requirements of this subpart.
    (d) Operating instructions. Every employee who operates an 
agricultural tractor shall be informed of the operating practices 
contained in appendix A of this part and of any other practices dictated 
by the work environment. Such information shall be provided at the time 
of initial assignment and at least annually thereafter.

[40 FR 18257, Apr. 25, 1975, as amended at 61 FR 9255, Mar. 7, 1996; 69 
FR 18803, Apr. 9, 2004; 70 FR 77003, Dec. 29, 2005]



Sec.  1928.52  Protective frames for wheel-type agricultural 
tractors--test procedures and performance requirements.

    (a) Purpose. The purpose of this section is to establish the test 
and performance requirements for a protective frame designed for wheel-
type agricultural tractors to minimize the frequency and severity of 
operator injury resulting from accidental upsets. General requirements 
for the protection of operators are specified in 29 CFR 1928.51.
    (b) Types of tests. All protective frames for wheel-type 
agricultural tractors shall be of a model that has been tested as 
follows:

[[Page 749]]

    (1) Laboratory test. A laboratory energy-absorption test, either 
static or dynamic, under repeatable and controlled loading, to permit 
analysis of the protective frame for compliance with the performance 
requirements of this standard.
    (2) Field-upset test. A field-upset test under controlled 
conditions, both to the side and rear, to verify the effectiveness of 
the protective system under actual dynamic conditions. Such testing may 
be omitted when:
    (i) The analysis of the protective-frame static-energy absorption 
test results indicates that both FERis and FERir 
(as defined in paragraph (d)(2)(ii) of this section) exceed 1.15; or
    (ii) The analysis of the protective-frame dynamic-energy absorption 
test results indicates that the frame can withstand an impact of 15 
percent greater than the impact it is required to withstand for the 
tractor weight as shown in Figure C-7.
    (c) Descriptions--(1) Protective frame. A protective frame is a 
structure comprised of uprights mounted to the tractor, extending above 
the operator's seat. A typical two-post frame is shown in Figure C-1.
    (2) Overhead weather shield. When an overhead weather shield is 
available for attachment to the protective frame, it may be in place 
during tests provided it does not contribute to the strength of the 
protective frame.
    (3) Overhead falling object protection. When an overhead falling-
object protection device is available for attachment to the protective 
frame, it may be in place during tests provided it does not contribute 
to the strength of the protective frame.
    (d) Test procedures--(1) General. (i) The tractor weight used shall 
be that of the heaviest tractor model on which the protective frame is 
to be used.
    (ii) Each test required under this section shall be performed on a 
new protective frame. Mounting connections of the same design shall be 
used during each such test.
    (iii) Instantaneous deflection shall be measured and recorded for 
each segment of the test; see paragraph (e)(1)(i) of this section for 
permissible deflections.
    (iv) The seat-reference point (``SRP'') in Figure C-3 is that point 
where the vertical line that is tangent to the most forward point at the 
longitudinal seat centerline of the seat back, and the horizontal line 
that is tangent to the highest point of the seat cushion, intersect in 
the longitudinal seat section. The seat-reference point shall be 
determined with the seat unloaded and adjusted to the highest and most 
rearward position provided for seated operation of the tractor.
    (v) When the centerline of the seat is off the longitudinal center, 
the frame loading shall be on the side with the least space between the 
centerline of seat and the protective frame.
    (vi) Low-temperature characteristics of the protective frame or its 
material shall be demonstrated as specified in paragraph (e)(1)(ii) of 
this section.
    (vii) Rear input energy tests (static, dynamic, or field-upset) need 
not be performed on frames mounted to tractors having four driven wheels 
and more than one-half their unballasted weight on the front wheels.
    (viii) Accuracy table:

------------------------------------------------------------------------
               Measurements                           Accuracy
------------------------------------------------------------------------
Deflection of the frame, in. (mm).........  5
                                             percent of the deflection
                                             measured.
Vertical weight, lb (kg)..................  5
                                             percent of the weight
                                             measured.
Force applied to the frame, pounds force    5
 (newtons).                                  percent of the force
                                             measured.
Dimensions of the critical zone, in. (mm).  0.5
                                             in. (12.5 mm).
------------------------------------------------------------------------

    (2) Static test procedure. (i) The following test conditions shall 
be met:
    (A) The laboratory mounting base shall be the tractor chassis for 
which the protective frame is designed, or its equivalent;
    (B) The protective frame shall be instrumented with the necessary 
equipment to obtain the required load-deflection data at the locations 
and directions specified in Figures C-2 and C-3; and
    (C) When the protective frame is of a one- or two-upright design, 
mounting connections shall be instrumented with the necessary equipment 
to record the required force to be used in paragraph (d)(2)(iii)(E) and 
(J) of this section. Instrumentation shall be placed on mounting 
connections before installation load is applied.

[[Page 750]]

    (ii) The following definitions shall apply:

W = Tractor weight (see 29 CFR 1928.51(a)) in lb (W' in kg);
Eis = Energy input to be absorbed during side loading in ft-lb (E'is in 
          J [joules]);
Eis = 723 + 0.4 W (E'is = 100 + 0.12 W');
Eir = Energy input to be absorbed during rear loading in ft-lb (E'ir in 
          J);
Eir = 0.47 W (E'ir = 0.14 W');
L = Static load, lbf [pounds force], (N) [newtons];
D = Deflection under L, in. (mm);
L-D = Static load-deflection diagram;
Lmax = Maximum observed static load;
Load Limit = Point on a continuous L-D curve where the observed static 
          load is 0.8 Lmax on the down slope of the curve (see Figure C-
          5);
Eu = Strain energy absorbed by the frame in ft-lb (J); area under the L-
          D curve;
FER = Factor of energy ratio;
FERis = EuEis;
FERir = EuEir;
Pb = Maximum observed force in mounting connection under a static load, 
          L lbf (N);
Pu = Ultimate force capacity of a mounting connection, lbf (N);
FSB = Design margin for a mounting connection; and
FSB = Pu/Pb

    (iii) The test procedures shall be as follows:
    (A) Apply the rear load according to Figure C-3, and record L and D 
simultaneously. Rear-load application shall be distributed uniformly on 
the frame over an area perpendicular to the direction of load 
application, no greater than 160 sq. in. (1,032 sq. cm) in size, with 
the largest dimension no greater than 27 in. (686 mm). The load shall be 
applied to the upper extremity of the frame at the point that is midway 
between the center of the frame and the inside of the frame upright. 
When no structural cross member exists at the rear of the frame, a 
substitute test beam that does not add strength to the frame may be used 
to complete this test procedure. The test shall be stopped when:
    (1) The strain energy absorbed by the frame is equal to or greater 
than the required input energy Eir; or
    (2) Deflection of the frame exceeds the allowable deflection (see 
paragraph (e)(1)(i) of this section); or
    (3) Frame load limit occurs before the allowable deflection is 
reached in rear load (see Figure C-5).
    (B) Using data obtained under paragraph (d)(2)(iii)(A) of this 
section, construct the L-D diagram shown in Figure C-5;
    (C) Calculate Eir;
    (D) Calculate FERir;
    (E) Calculate FSB as required by paragraph (d)(2)(i)(C) of this 
section;
    (F) Apply the side-load tests on the same frame, and record L and D 
simultaneously. Side-load application shall be at the upper extremity of 
the frame at a 90[deg] angle to the centerline of the vehicle. The side 
load shall be applied to the longitudinal side farthest from the point 
of rear-load application. Apply side load L as shown in Figure C-2. The 
test shall be stopped when:
    (1) The strain energy absorbed by the frame is equal to or greater 
than the required input energy Eis; or
    (2) Deflection of the frame exceeds the allowable deflection (see 
paragraph (e)(1)(i) of this section); or
    (3) Frame load limit occurs before the allowable deflection is 
reached in side load (see Figure C-5).
    (G) Using data obtained in paragraph (d)(2)(iii)(F) of this section, 
construct the L-D diagram as shown in Figure C-5;
    (H) Calculate Eis;
    (I) Calculate FERis; and
    (J) Calculate FSB as required by paragraph (d)(2)(i)(C) of this 
section.
    (3) Dynamic test procedure. (i) The following test conditions shall 
be met:
    (A) The protective frame and tractor shall be tested at the weight 
defined by 29 CFR 1928.51(a);
    (B) The dynamic loading shall be accomplished by using a 4,410-lb 
(2,000-kg) weight acting as a pendulum. The impact face of the weight 
shall be 27 1 in. by 27 1 
in. (686 25 mm by 686 25 
mm), and shall be constructed so that its center of gravity is within 
1.0 in. (25.4 mm) of its geometric center. The weight shall be suspended 
from a pivot point 18 to 22 ft (5.5 to 6.7 m) above the point of impact 
on the frame, and shall be conveniently and safely adjustable for height 
(see Figure C-6);
    (C) For each phase of testing, the tractor shall be restrained from 
moving when the dynamic load is applied. The restraining members shall 
have strength no less than, and elasticity no greater than, that of 
0.50-in. (12.7-mm)

[[Page 751]]

steel cable. Points of attachment for the restraining members shall be 
located an appropriate distance behind the rear axle and in front of the 
front axle to provide a 15[deg] to 30[deg] angle between a restraining 
cable and the horizontal. For impact from the rear, the restraining 
cables shall be located in the plane in which the center of gravity of 
the pendulum will swing, or alternatively, two sets of symmetrically 
located cables may be used at lateral locations on the tractor. For 
impact from the side, restraining cables shall be used as shown in 
Figures C-8 and C-9;
    (D) The front and rear wheel-tread settings, when adjustable, shall 
be at the position nearest to halfway between the minimum and maximum 
settings obtainable on the vehicle. When only two settings are 
obtainable, the minimum setting shall be used. The tires shall have no 
liquid ballast, and shall be inflated to the maximum operating pressure 
recommended by the manufacturer. With the specified tire inflation, the 
restraining cable shall be tightened to provide tire deflection of 6 to 
8 percent of the nominal tire-section width. After the vehicle is 
restrained properly, a wooden beam no less than 6-in. x 6-in. (150-mm x 
150-mm) in cross section shall be driven tightly against the appropriate 
wheels and clamped. For the test to the side, an additional wooden beam 
shall be placed as a prop against the wheel nearest to the operator's 
station, and shall be secured to the base so that it is held tightly 
against the wheel rim during impact. The length of this beam shall be 
chosen so that it is at an angle of 25[deg] to 40[deg] to the horizontal 
when it is positioned against the wheel rim. It shall have a length 20 
to 25 times its depth, and a width two to three times its depth (see 
Figures C-8 and C-9);
    (E) Means shall be provided for indicating the maximum instantaneous 
deflection along the line of impact. A simple friction device is 
illustrated in Figure C-4;
    (F) No repairs or adjustments shall be made during the test; and
    (G) When any cables, props, or blocking shift or break during the 
test, the test shall be repeated.
    (ii) H = Vertical height of the center of gravity of a 4,410-lb 
(2,000-kg) weight in in. (H' in mm). The weight shall be pulled back so 
that the height of its center of gravity above the point of impact is: H 
= 4.92 + 0.00190 W (H' = 125 0.170 W') (see Figure 
C-7).
    (iii) The test procedures shall be as follows:
    (A) The frame shall be evaluated by imposing dynamic loading from 
the rear, followed by a load to the side on the same frame. The pendulum 
swinging from the height determined by paragraph (d)(3)(ii) of this 
section shall be used to impose the dynamic load. The position of the 
pendulum shall be so selected that the initial point of impact on the 
frame is in line with the arc of travel of the center of gravity of the 
pendulum. When a quick-release mechanism is used, it shall not influence 
the attitude of the block;
    (B) Impact at rear. The tractor shall be restrained properly 
according to paragraphs (d)(3)(i)(C) and (d)(3)(i)(D) of this section. 
The tractor shall be positioned with respect to the pivot point of the 
pendulum so that the pendulum is 20[deg] from the vertical prior to 
impact as shown in Figure C-8. The impact shall be applied to the upper 
extremity of the frame at the point that is midway between the 
centerline of the frame and the inside of the frame upright. When no 
structural cross member exists at the rear of the frame, a substitute 
test beam that does not add to the strength of the frame may be used to 
complete the test procedure; and
    (C) Impact at side. The blocking and restraining shall conform to 
paragraphs (d)(3)(i)(C) and (d)(3)(i)(D) of this section. The center 
point of impact shall be at the upper extremity of the frame at a point 
most likely to hit the ground first, and at a 90[deg] to the centerline 
of the vehicle (see Figure C-9). The side impact shall be applied to the 
longitudinal side farthest from the point of rear impact.
    (4) Field-upset test procedure. (i) The following test conditions 
shall be met:
    (A) The tractor shall be tested at the weight defined in 29 CFR 
1928.51(a);
    (B) The following provisions address soil bank test conditions.

[[Page 752]]

    (1) The test shall be conducted on a dry, firm soil bank. The soil 
in the impact area shall have an average cone index in the 0-in. to 6-
in. (0-mm to 152-mm) layer of not less than 150. Cone index shall be 
determined according to American Society of Agricultural Engineers 
(``ASAE'') recommendation ASAE R313.1-1971 (``Soil cone penetrometer''), 
as reconfirmed in 1975, which is incorporated by reference. The 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The path 
of vehicle travel shall be 12[deg] 2[deg] to the 
top edge of the bank.
    (2) ASAE recommendation R313.1-1971, as reconfirmed in 1975, appears 
in the 1977 Agricultural Engineers Yearbook, or it may be examined at: 
Any OSHA Regional Office; 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)); or the 
National Archives and Records Administration (``NARA''). (For 
information on the availability of this material at NARA, telephone 
(202) 741-6030 or access the NARA Web site at http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.) Copies 
may be purchased from the American Society of Agricultural Engineers, 
2950 Niles Road, St. Joseph, MI 49085.
    (C) An 18-in. (457-mm) high ramp (see Figure C-10) shall be used to 
assist in upsetting the vehicle to the side; and
    (D) The front and rear wheel-tread settings, when adjustable, shall 
be at the position nearest to halfway between the minimum and maximum 
settings obtainable on the vehicle. When only two settings are 
obtainable, the minimum setting shall be used.
    (ii) Field upsets shall be induced to the rear and side as follows:
    (A) Rear upset shall be induced by engine power, with the tractor 
operating in gear to obtain 3 to 5 mph (4.8 to 8.0 kph) at maximum 
governed engine rpm by driving forward directly up a minimum slope of 
60[deg] 5[deg] as shown in Figure C-11, or by an 
alternative equivalent means. The engine clutch may be used to aid in 
inducing the upset; and
    (B) To induce side upset, the tractor shall be driven under its own 
power along the specified path of travel at a minimum speed of 10 mph 
(16 kph), or at maximum vehicle speed when under 10 mph (16 kph), and 
over the ramp as described in paragraph (d)(4)(i)(C) of this section.
    (e) Performance requirements--(1) General requirements. (i) The 
frame, overhead weather shield, fenders, or other parts in the operator 
area may be deformed in these tests, but shall not shatter or leave 
sharp edges exposed to the operator, or encroach on the dimensions shown 
in Figures C-2 and C-3, and specified as follows:

d = 2 in. (51 mm) inside of the frame upright to the vertical centerline 
          of the seat;
e = 30 in. (762 mm) at the longitudinal centerline;
f = Not greater than 4 in. (102 mm) to the rear edge of the crossbar, 
          measured forward of the seat-reference point (``SRP'');
g = 24 in. (610 mm) minimum; and
m = Not greater than 12 in. (305 mm), measured from the seat-reference 
          point to the forward edge of the crossbar.

    (ii) The protective structure and connecting fasteners must pass the 
static or dynamic tests described in paragraphs (d)(2), (d)(3), or 
(d)(4) of this section at a metal temperature of 0 [deg]F (-18 [deg]C) 
or below, or exhibit Charpy V-notch impact strengths as follows:

10-mm x 10-mm (0.394-in. x 0.394-in.) specimen: 8.0 ft-lb (10.8 J) at -
          20 [deg]F (-30 [deg]C);
10-mm x 7.5-mm (0.394-in. x 0.296-in.) specimen: 7.0 ft-lb (9.5 J) at -
          20 [deg]F (-30 [deg]C);
10-mm x 5-mm (0.394-in. x 0.197-in.) specimen: 5.5 ft-lb (7.5 J) at -20 
          [deg]F (-30 [deg]C); or
10-mm x 2.5-mm (0.394-in. x 0.098-in.) specimen: 4.0 ft-lb (5.5 J) at -
          20 [deg]F (-30 [deg]C).


Specimens shall be longitudinal and taken from flat stock, tubular, or 
structural sections before forming or welding for use in the frame. 
Specimens from tubular or structural sections shall be taken from the 
middle of the side of greatest dimension, not to include welds.
    (2) Static test-performance requirements. In addition to meeting the 
requirements of paragraph (e)(1) of this section for both side and rear 
loads, FERis and FERir, shall be greater than 1.0, and when the ROPS 
contains one or two upright frames only, FSB shall be greater than 1.3.

[[Page 753]]

    (3) Dynamic test-performance requirements. The structural 
requirements shall be met when the dimensions in paragraph (e)(1) of 
this section are used in both side and rear loads.
    (4) Field-upset test performance requirements. The requirements of 
paragraph (e)(1) of this section shall be met for both side and rear 
upsets.

[70 FR 77004, Dec. 29, 2005]



Sec.  1928.53  Protective enclosures for wheel-type agricultural 
tractors--test procedures and performance requirements.

    (a) Purpose. The purpose of this section is to establish the test 
and performance requirements for a protective enclosure designed for 
wheel-type agricultural tractors to minimize the frequency and severity 
of operator injury resulting from accidental upset. General requirements 
for the protection of operators are specified in 29 CFR 1928.51.
    (b) Types of tests. All protective enclosures for wheel-type 
agricultural tractors shall be of a model that has been tested as 
follows:
    (1) Laboratory test. A laboratory energy-absorption test, either 
static or dynamic, under repeatable and controlled loading, to permit 
analysis of the protective enclosure for compliance with the performance 
requirements of this standard; and
    (2) Field-upset test. A field-upset test under controlled 
conditions, both to the side and rear, to verify the effectiveness of 
the protective system under actual dynamic conditions. This test may be 
omitted when:
    (i) The analysis of the protective-frame static-energy absorption 
test results indicates that both FERis and FERir (as defined in 
paragraph (d)(2)(ii) of this section) exceed 1.15; or
    (ii) The analysis of the protective-frame dynamic-energy absorption 
test results indicates that the frame can withstand an impact 15 percent 
greater than the impact it is required to withstand for the tractor 
weight as shown in Figure C-7.
    (c) Description. A protective enclosure is a structure comprising a 
frame and/or enclosure mounted to the tractor. A typical enclosure is 
shown in Figure C-12.
    (d) Test procedures--(1) General. (i) The tractor weight used shall 
be that of the heaviest tractor model on which the protective enclosure 
is to be used.
    (ii) Each test required under this section shall be performed on a 
protective enclosure with new structural members. Mounting connections 
of the same design shall be used during each test.
    (iii) Instantaneous deflection shall be measured and recorded for 
each segment of the test; see paragraph (e)(1)(i) of this section for 
permissible deflections.
    (iv) The seat-reference point (``SRP'') in Figure C-14 is that point 
where the vertical line that is tangent to the most forward point at the 
longitudinal seat centerline of the seat back, and the horizontal line 
that is tangent to the highest point of the seat cushion, intersect in 
the longitudinal seat section. The seat-reference point shall be 
determined with the seat unloaded and adjusted to the highest and most 
rearward position provided for seated operations of the tractor.
    (v) When the centerline of the seat is off the longitudinal center, 
the protective-enclosure loading shall be on the side with least space 
between the centerline of the seat and the protective enclosure.
    (vi) Low-temperature characteristics of the protective enclosure or 
its material shall be demonstrated as specified in paragraph (e)(1)(ii) 
of this section.
    (vii) Rear input energy tests (static, dynamic, or field-upset) need 
not be performed on enclosures mounted to tractors having four driven 
wheels and more than one-half their unballasted weight on the front 
wheels.
    (viii) Accuracy table:

------------------------------------------------------------------------
               Measurements                           Accuracy
------------------------------------------------------------------------
Deflection of the enclosure, in. (mm).....  5
                                             percent of the deflection
                                             measured.
Vertical weight, pounds (kg)..............  5
                                             percent of the weight
                                             measured.
Force applied to the enclosure, pounds      5
 force (newtons).                            percent of the force
                                             measured.
Dimensions of the critical zone, in. (mm).  0.5
                                             in. (12.5 mm).
------------------------------------------------------------------------

    (ix) When movable or normally removable portions of the enclosure 
add to structural strength, they shall be

[[Page 754]]

placed in configurations that contribute least to structural strength 
during the test.
    (2) Static test procedure. (i) The following test conditions shall 
be met:
    (A) The laboratory mounting base shall be the tractor chassis for 
which the protective enclosure is designed, or its equivalent; and
    (B) The protective enclosure shall be instrumented with the 
necessary equipment to obtain the required load-deflection data at the 
locations and directions specified in Figures C-13 and C-14.
    (ii) The following definitions shall apply:

W = Tractor weight (see 29 CFR 1928.51(a)) in lb (W'' in kg);
Eis = Energy input to be absorbed during side loading in ft-lb (E''is in 
          J [joules]);
Eis = 723 + 0.4 W (E''is = 100 + 0.12 W'');
Eir = Energy input to be absorbed during rear loading in ft-lb (E''ir in 
          J);
Eir = 0.47 W (E''ir = 0.14 W'');
L = Static load, lbf [pounds force], (N) [newtons];
D = Deflection under L, in. (mm);
L-D = Static load-deflection diagram;
Lmax = Maximum observed static load;
Load Limit = Point on a continuous L-D curve where the observed static 
          load is 0.8 Lmax on the down slope of the curve (see Figure C-
          5);
Eu = Strain energy absorbed by the protective enclosure in ft-lbs (J); 
          area under the L-D curve;
FER = Factor of energy ratio;
FERis = Eu/Eis; and
FERir = Eu/Eir.

    (iii) The test procedures shall be as follows:
    (A) When the protective-frame structures are not an integral part of 
the enclosure, the direction and point of load application for both side 
and rear shall be the same as specified in 29 CFR 1928.52(d)(2);
    (B) When the protective-frame structures are an integral part of the 
enclosure, apply the rear load according to Figure C-14, and record L 
and D simultaneously. Rear-load application shall be distributed 
uniformly on the frame structure over an area perpendicular to the load 
application, no greater than 160 sq. in. (1,032 sq. cm) in size, with 
the largest dimension no greater than 27 in. (686 mm). The load shall be 
applied to the upper extremity of the structure at the point that is 
midway between the centerline of the protective enclosure and the inside 
of the protective structure. When no structural cross member exists at 
the rear of the enclosure, a substitute test beam that does not add 
strength to the structure may be used to complete this test procedure. 
The test shall be stopped when:
    (1) The strain energy absorbed by the structure is equal to or 
greater than the required input energy Eir; or
    (2) Deflection of the structure exceeds the allowable deflection 
(see paragraph (e)(1)(i) of this section); or
    (3) The structure load limit occurs before the allowable deflection 
is reached in rear load (see Figure C-5);
    (C) Using data obtained in paragraph (d)(2)(iii)(B) of this section, 
construct the L-D diagram for rear loads as shown in Figure C-5;
    (D) Calculate Eir;
    (E) Calculate FERir;
    (F) When the protective-frame structures are an integral part of the 
enclosure, apply the side load according to Figure C-13, and record L 
and D simultaneously. Static side-load application shall be distributed 
uniformly on the frame over an area perpendicular to the direction of 
load application, and no greater than 160 sq. in. (1,032 sq. cm) in 
size, with the largest dimension no greater than 27 in. (686 mm). Side-
load application shall be at a 90[deg] angle to the centerline of the 
vehicle. The center of the side-load application shall be located 
between point k, 24 in. (610 mm) forward of the seat-reference point, 
and point l, 12 in. (305 mm) rearward of the seat-reference point, to 
best use the structural strength (see Figure C-13). This side load shall 
be applied to the longitudinal side farthest from the point of rear-load 
application. The test shall be stopped when:
    (1) The strain energy absorbed by the structure is equal to or 
greater than the required input energy Eis; or
    (2) Deflection of the structure exceeds the allowable deflection 
(see paragraph (e)(1)(i) of this section); or
    (3) The structure load limit occurs before the allowable deflection 
is reached in side load (see Figure C-5);
    (G) Using data obtained in paragraph (d)(2)(iii)(F) of this section, 
construct the L-D diagram for the side load as shown in Figure C-5;

[[Page 755]]

    (H) Calculate FERis; and
    (I) Calculate FERir.
    (3) Dynamic test procedure. (i) The following test conditions shall 
be met:
    (A) The protective enclosure and tractor shall be tested at the 
weight defined by 29 CFR 1928.51(a);
    (B) The dynamic loading shall be accomplished by using a 4,410-lb 
(2,000-kg) weight acting as a pendulum. The impact face of the weight 
shall be 27 1 in. by 27 1 
in. (686 25 mm by 686 25 
mm), and shall be constructed so that its center of gravity is within 
1.0 in. (25.4 mm) of its geometric center. The weight shall be suspended 
from a pivot point 18 to 22 ft (5.5 to 6.7 m) above the point of impact 
on the enclosure, and shall be conveniently and safely adjustable for 
height (see Figure C-6);
    (C) For each phase of testing, the tractor shall be restrained from 
moving when the dynamic load is applied. The restraining members shall 
have strength no less than, and elasticity no greater than, that of 
0.50-in. (12.7-mm) steel cable. Points of attachment for the restraining 
members shall be located an appropriate distance behind the rear axle 
and in front of the front axle to provide a 15[deg] to 30[deg] angle 
between the restraining cable and the horizontal. For impact from the 
rear, the restraining cables shall be located in the plane in which the 
center of gravity of the pendulum will swing, or alternatively, two sets 
of symmetrically located cables may be used at lateral locations on the 
tractor. For the impact from the side, restraining cables shall be used 
as shown in Figures C-15 and C-16;
    (D) The front and rear wheel-tread settings, when adjustable, shall 
be at the position nearest to halfway between the minimum and maximum 
settings obtainable on the vehicle. When only two settings are 
obtainable, the minimum setting shall be used. The tires shall have no 
liquid ballast, and shall be inflated to the maximum operating pressure 
recommended by the manufacturer. With specified tire inflation, the 
restraining cable shall be tightened to provide tire deflection of 6 to 
8 percent of nominal tire section width. After the vehicle is retrained 
properly, a wooden beam no smaller than 6-in. x 6-in. (150-mm x 150-mm) 
cross-section shall be driven tightly against the appropriate wheels and 
clamped. For the test to the side, an additional wooden beam shall be 
placed as a prop against the wheel nearest the operator's station, and 
shall be secured to the base so that it is held tightly against the 
wheel rim during impact. The length of this beam shall be chosen so that 
it is at an angle of 25[deg] to 40[deg] to the horizontal when it is 
positioned against the wheel rim. It shall have a length 20 to 25 times 
its depth, and a width two to three times its depth (see Figures C-15 
and C-16);
    (E) Means shall be provided for indicating the maximum instantaneous 
deflection along the line of impact. A simple friction device is 
illustrated in Figure C-4;
    (F) No repair or adjustments shall be made during the test; and
    (G) When any cables, props, or blocking shift or break during the 
test, the test shall be repeated.
    (ii) H = Vertical height of the center of gravity of a 4,410-lb 
(2,000-kg) weight in in. (H' in mm). The weight shall be pulled back so 
that the height of its center of gravity above the point of impact is: H 
= 4.92 + 0.00190 W (H' = 125 + 0.107 W') (see Figure C-7).
    (iii) The test procedures shall be as follows:
    (A) The enclosure structure shall be evaluated by imposing dynamic 
loading from the rear, followed by a load to the side on the same 
enclosure structure. The pendulum swinging from the height determined by 
paragraph (d)(3)(ii) of this section shall be used to impose the dynamic 
load. The position of the pendulum shall be so selected that the initial 
point of impact on the protective structure is in line with the arc of 
travel of the center of gravity of the pendulum. When a quick-release 
mechanism is used, it shall not influence the attitude of the block;
    (B) Impact at rear. The tractor shall be restrained properly 
according to paragraphs (d)(3)(i)(C) and (d)(3)(i)(D) of this section. 
The tractor shall be positioned with respect to the pivot point of the 
pendulum so that the pendulum is 20[deg] from the vertical prior to 
impact as shown in Figure C-15. The impact shall be applied to the upper 
extremity of the enclosure structure at the point

[[Page 756]]

that is midway between the centerline of the enclosure structure and the 
inside of the protective structure. When no structural cross member 
exists at the rear of the enclosure structure, a substitute test beam 
that does not add to the strength of the structure may be used to 
complete the test procedure; and
    (C) Impact at side. The blocking and restraining shall conform to 
paragraphs (d)(3)(i)(C) and (d)(3)(i)(D) of this section. The center 
point of impact shall be at the upper extremity of the enclosure at a 
90[deg] angle to the centerline of the vehicle, and located between a 
point k, 24 in. (610 mm) forward of the seat-reference point, and a 
point l, 12 in. (305 mm) rearward of the seat-reference point, to best 
use the structural strength (see Figure C-13). The side impact shall be 
applied to the longitudinal side farthest from the point of rear impact.
    (4) Field-upset test procedure. (i) The following test conditions 
shall be met:
    (A) The tractor shall be tested at the weight defined in 29 CFR 
1928.51(a);
    (B) The following provisions address soil bank test conditions.
    (1) The test shall be conducted on a dry, firm soil bank. The soil 
in the impact area shall have an average cone index in the 0-in. to 6-
in. (0-mm to 152-mm) layer of not less than 150. Cone index shall be 
determined according to American Society of Agricultural Engineers 
(``ASAE'') recommendation ASAE R313.1-1971 (``Soil cone penetrometer''), 
as reconfirmed in 1975, which is incorporated by reference. The 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The path 
of vehicle travel shall be 12[deg] 2[deg] to the 
top edge of the bank.
    (2) ASAE recommendation R313.1-1971, as reconfirmed in 1975, appears 
in the 1977 Agricultural Engineers Yearbook, or it may be examined at: 
Any OSHA Regional Office; 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)); or the 
National Archives and Records Administration (``NARA''). (For 
information on the availability of this material at NARA, telephone 
(202) 741-6030 or access the NARA Web site at http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.) Copies 
may be purchased from the American Society of Agricultural Engineers 
2950 Niles Road, St. Joseph, MI 49085.
    (C) An 18-in. (457 mm) high ramp (see Figure C-10) shall be used to 
assist in upsetting the vehicle to the side; and
    (D) The front and rear wheel-tread settings, when adjustable, shall 
be at the position nearest to halfway between the minimum and maximum 
settings obtainable on the vehicle. When only two settings are 
obtainable, the minimum setting shall be used.
    (ii) Field upsets shall be induced to the rear and side.
    (A) Rear upset shall be induced by engine power, with the tractor 
operating in gear to obtain 3 to 5 mph (4.8 to 8.0 kph) at maximum 
governed engine rpm by driving forward directly up a minimum slope of 
60[deg] 5[deg] as shown in Figure C-11, or by an 
alternate equivalent means. The engine clutch may be used to aid in 
inducing the upset; and
    (B) To induce side upset, the tractor shall be driven under its own 
power along the specified path of travel at a minimum speed of 10 mph 
(16 kph), or at maximum vehicle speed when under 10 mph (16 kph), and 
over the ramp as described in paragraph (d)(4)(i)(C) of this section.
    (e) Performance requirements--(1) General requirements. (i) The 
protective enclosure structural members or other parts in the operator 
area may be deformed in these tests, but shall not shatter or leave 
sharp edges exposed to the operator. They shall not encroach on a 
transverse plane passing through points d and f within the projected 
area defined by dimensions d, e, and g, or on the dimensions shown in 
Figures C-13 and C-14, as follows:

d = 2 in. (51 mm) inside of the protective structure to the vertical 
          centerline of the seat;
e = 30 in. (762 mm) at the longitudinal centerline;
f = Not greater than 4 in. (102 mm) measured forward of the seat-
          reference point (``SRP'') at the longitudinal centerline as 
          shown in Figure C-14;
g = 24 in. (610 mm) minimum;
h = 17.5 in. (445 mm) minimum; and

[[Page 757]]

j = 2.0 in. (51 mm) measured from the outer periphery of the steering 
          wheel.

    (ii) The protective structure and connecting fasteners must pass the 
static or dynamic tests described in paragraphs (d)(2), (d)(3), or 
(d)(4) of this section at a metal temperature of 0 [deg]F (-8 [deg]C) or 
below, or exhibit Charpy V-notch impact strengths as follows:

10-mm x 10-mm (0.394-in. x 0.394-in.) specimen: 8.0 ft-lb (10.8 J) at -
          20 [deg]F (-30 [deg]C);
10-mm x 7.5-mm (0.394-in. x 0.296-in.) specimen: 7.0 ft-lb (9.5 J) at -
          20 [deg]F (-30 [deg]C);
10-mm x 5-mm (0.394-in. x 0.197-in.) specimen: 5.5 ft-lb (7.5 J) at -20 
          [deg]F (-30 [deg]C); or
10-mm x 2.5-mm (0.394-in. x 0.098-in.) specimen: 4.0 ft-lb (5.5 J) at -
          20 [deg]F (-30 [deg]C).

    Specimens shall be longitudinal and taken from flat stock, tubular, 
or structural sections before forming or welding for use in the 
protective enclosure. Specimens from tubular or structural sections 
shall be taken from the middle of the side of greatest dimension, not to 
include welds.
    (iii) The following provisions address glazing requirements.
    (A) Glazing shall conform to the requirements contained in Society 
of Automotive Engineers (``SAE'') standard J674-1963 (``Safety glazing 
materials''), which is incorporated by reference. The incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (B) SAE standard J674-1963 appears in the 1965 SAE Handbook, or it 
may be examined at: any OSHA Regional Office; 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)); or the National Archives and Records Administration (``NARA''). 
(For information on the availability of this material at NARA, telephone 
(202) 741-6030 or access the NARA Web site at http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.) Copies 
may be purchased from the Society of Automotive Engineers, 400 
Commonwealth Drive, Warrendale, Pennsylvania 15096-0001.
    (iv) Two or more operator exits shall be provided and positioned to 
avoid the possibility of both being blocked by the same accident.
    (2) Static test-performance requirements. In addition to meeting the 
requirements of paragraph (e)(1) of this section for both side and rear 
loads, FERis and FER ir shall be greater than 1.0.
    (3) Dynamic test-performance requirements. The structural 
requirements shall be met when the dimensions in paragraph (e)(1) of 
this section are used in both side and rear loads.
    (4) Field-upset test performance requirements. The requirements of 
paragraph (e)(1) of this section shall be met for both side and rear 
upsets.

[70 FR 77004, Dec. 29, 2005, as amended at 71 FR 41145, July 20, 2006]



     Sec. Appendix A to Subpart C of Part 1928--Employee Operating 
                              Instructions

1. Securely fasten your seat belt if the tractor has a ROPS.
2. Where possible, avoid operating the tractor near ditches, 
          embankments, and holes.
3. Reduce speed when turning, crossing slopes, and on rough, slick, or 
          muddy surfaces.
4. Stay off slopes too steep for safe operation.
5. Watch where you are going, especially at row ends, on roads, and 
          around trees.
6. Do not permit others to ride.
7. Operate the tractor smoothly--no jerky turns, starts, or stops.
8. Hitch only to the drawbar and hitch points recommended by tractor 
          manufacturers.
9. When tractor is stopped, set brakes securely and use park lock if 
          available.



   Sec. Appendix B to Subpart C of Part 1928--Figures C-1 through C-16

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[71 FR 41146, July 20, 2006]



               Subpart D_Safety for Agricultural Equipment



Sec.  1928.57  Guarding of farm field equipment, farmstead equipment, 
and cotton gins.

    (a) General--(1) Purpose. The purpose of this section is to provide 
for the protection of employees from the hazards associated with moving 
machinery parts of farm field equipment, farmstead equipment, and cotton 
gins used in any agricultural operation.
    (2) Scope. Paragraph (a) of this section contains general 
requirements which apply to all covered equipment. In addition, 
paragraph (b) of this section applies to farm field equipment, paragraph 
(c) of this section applies to farmstead equipment, and paragraph (d) of 
this section applies to cotton gins.
    (3) Application. This section applies to all farm field equipment, 
farmstead equipment, and cotton gins, except that paragraphs (b)(2), 
(b)(3), and (b)(4)(ii)(A), and (c)(2), (c)(3), and (c)(4)(ii)(A) do not 
apply to equipment manufactured before October 25, 1976.
    (4) Effective date. This section takes effect on October 25, 1976, 
except that paragraph (d) of this section is effective on June 30, 1977.
    (5) Definitions--Cotton gins are systems of machines which condition 
seed cotton, separate lint from seed, convey materials, and package lint 
cotton.
    Farm field equipment means tractors or implements, including self-
propelled implements, or any combination thereof used in agricultural 
operations.
    Farmstead equipment means agricultural equipment normally used in a 
stationary manner. This includes, but is not limited to, materials 
handling equipment and accessories for such equipment whether or not the 
equipment is an integral part of a building.
    Ground driven components are components which are powered by the 
turning motion of a wheel as the equipment travels over the ground.
    A guard or shield is a barrier designed to protect against employee 
contact with a hazard created by a moving machinery part.
    Power take-off shafts are the shafts and knuckles between the 
tractor, or other power source, and the first gear set, pulley, 
sprocket, or other components on power take-off shaft driven equipment.
    (6) Operating instructions. At the time of initial assignment and at 
least annually thereafter, the employer shall instruct every employee in 
the safe operation and servicing of all covered equipment with which he 
is or will be involved, including at least the following safe operating 
practices:
    (i) Keep all guards in place when the machine is in operation;
    (ii) Permit no riders on farm field equipment other than persons 
required for instruction or assistance in machine operation;
    (iii) Stop engine, disconnect the power source, and wait for all 
machine movement to stop before servicing, adjusting, cleaning, or 
unclogging the equipment, except where the machine must be running to be 
properly serviced or maintained, in which case the employer shall 
instruct employees as to all steps and procedures which are necessary to 
safely service or maintain the equipment;
    (iv) Make sure everyone is clear of machinery before starting the 
engine, engaging power, or operating the machine;
    (v) Lock out electrical power before performing maintenance or 
service on farmstead equipment.
    (7) Methods of guarding. Except as otherwise provided in this 
subpart, each employer shall protect employees from coming into contact 
with hazards created by moving machinery parts as follows:
    (i) Through the installation and use of a guard or shield or 
guarding by location;
    (ii) Whenever a guard or shield or guarding by location is 
infeasible, by using a guardrail or fence.
    (8) Strength and design of guards. (i) Where guards are used to 
provide the protection required by this section, they shall be designed 
and located to protect against inadvertent contact with the hazard being 
guarded.
    (ii) Unless otherwise specified, each guard and its supports shall 
be capable of withstanding the force that a 250

[[Page 773]]

pound individual, leaning on or falling against the guard, would exert 
upon that guard.
    (iii) Guards shall be free from burrs, sharp edges, and sharp 
corners, and shall be securely fastened to the equipment or building.
    (9) Guarding by location. A component is guarded by location during 
operation, maintenance, or servicing when, because of its location, no 
employee can inadvertently come in contact with the hazard during such 
operation, maintenance, or servicing. Where the employer can show that 
any exposure to hazards results from employee conduct which constitutes 
an isolated and unforeseeable event, the component shall also be 
considered guarded by location.
    (10) Guarding by railings. Guardrails or fences shall be capable of 
protecting against employees inadvertently entering the hazardous area.
    (11) Servicing and maintenance. Whenever a moving machinery part 
presents a hazard during servicing or maintenance, the engine shall be 
stopped, the power source disconnected, and all machine movement stopped 
before servicing or maintenance is performed, except where the employer 
can establish that:
    (i) The equipment must be running to be properly serviced or 
maintained;
    (ii) The equipment cannot be serviced or maintained while a guard or 
guards otherwise required by this standard are in place; and
    (iii) The servicing or maintenance can be safely performed.
    (b) Farm field equipment--(1) Power take-off guarding. (i) All power 
take-off shafts, including rear, mid- or side-mounted shafts, shall be 
guarded either by a master shield, as provided in paragraph (b)(1)(ii) 
of this section, or by other protective guarding.
    (ii) All tractors shall be equipped with an agricultural tractor 
master shield on the rear power take-off except where removal of the 
tractor master shield is permitted by paragraph (b)(1)(iii) of this 
section. The master shield shall have sufficient strength to prevent 
permanent deformation of the shield when a 250 pound operator mounts or 
dismounts the tractor using the shield as a step.
    (iii) Power take-off driven equipment shall be guarded to protect 
against employee contact with positively driven rotating members of the 
power drive system. Where power take-off driven equipment is of a design 
requiring removal of the tractor master shield, the equipment shall also 
include protection from that portion of the tractor power take-off shaft 
which protrudes from the tractor.
    (iv) Signs shall be placed at prominent locations on tractors and 
power take-off driven equipment specifying that power drive system 
safety shields must be kept in place.
    (2) Other power transmission components. (i) The mesh or nip-points 
of all power driven gears, belts, chains, sheaves, pulleys, sprockets, 
and idlers shall be guarded.
    (ii) All revolving shafts, including projections such as bolts, 
keys, or set screws, shall be guarded, except smooth shaft ends 
protruding less than one-half the outside diameter of the shaft and its 
locking means.
    (iii) Ground driven components shall be guarded in accordance with 
paragraphs (b)(2)(i) and (b)(2)(ii) of this section if any employee may 
be exposed to them while the drives are in motion.
    (3) Functional components. Functional components, such as snapping 
or husking rolls, straw spreaders and choppers, cutterbars, flail 
rotors, rotary beaters, mixing augers, feed rolls, conveying augers, 
rotary tillers, and similar units, which must be exposed for proper 
function, shall be guarded to the fullest extent which will not 
substantially interfere with normal functioning of the component.
    (4) Access to moving parts. (i) Guards, shields, and access doors 
shall be in place when the equipment is in operation.
    (ii) Where removal of a guard or access door will expose an employee 
to any component which continues to rotate after the power is 
disengaged, the employer shall provide, in the immediate area, the 
following:
    (A) A readily visible or audible warning of rotation; and
    (B) A safety sign warning the employee to:
    (1) Look and listen for evidence of rotation; and

[[Page 774]]

    (2) Not remove the guard or access door until all components have 
stopped.
    (c) Farmstead equipment--(1) Power take-off guarding. (i) All power 
take-off shafts, including rear, mid-, or side-mounted shafts, shall be 
guarded either by a master shield as provided in paragraph (b)(1)(ii) of 
this section or other protective guarding.
    (ii) Power take-off driven equipment shall be guarded to protect 
against employee contact with positively driven rotating members of the 
power drive system. Where power take-off driven equipment is of a design 
requiring removal of the tractor master shield, the equipment shall also 
include protection from that portion of the tractor power take-off shaft 
which protrudes from the tractor.
    (iii) Signs shall be placed at prominent locations on power take-off 
driven equipment specifying that power drive system safety shields must 
be kept in place.
    (2) Other power transmission components. (i) The mesh or nip-points 
of all power driven gears, belts, chains, sheaves, pulleys, sprockets, 
and idlers shall be guarded.
    (ii) All revolving shafts, including projections such as bolts, 
keys, or set screws, shall be guarded, with the exception of:
    (A) Smooth shafts and shaft ends (without any projecting bolts, 
keys, or set screws), revolving at less than 10 rpm, on feed handling 
equipment used on the top surface of materials in bulk storage 
facilities; and
    (B) Smooth shaft ends protruding less than one-half the outside 
diameter of the shaft and its locking means.
    (3) Functional components. (i) Functional components, such as 
choppers, rotary beaters, mixing augers, feed rolls, conveying augers, 
grain spreaders, stirring augers, sweep augers, and feed augers, which 
must be exposed for proper function, shall be guarded to the fullest 
extent which will not substantially interfere with the normal 
functioning of the component.
    (ii) Sweep arm material gathering mechanisms used on the top surface 
of materials within silo structures shall be guarded. The lower or 
leading edge of the guard shall be located no more than 12 inches above 
the material surface and no less than 6 inches in front of the leading 
edge of the rotating member of the gathering mechanism. The guard shall 
be parallel to, and extend the fullest practical length of, the material 
gathering mechanism.
    (iii) Exposed auger flighting on portable grain augers shall be 
guarded with either grating type guards or solid baffle style covers as 
follows:
    (A) The largest dimensions or openings in grating type guards 
through which materials are required to flow shall be 4\3/4\ inches. The 
area of each opening shall be no larger than 10 square inches. The 
opening shall be located no closer to the rotating flighting than 2\1/2\ 
inches.
    (B) Slotted openings in solid baffle style covers shall be no wider 
than 1\1/2\ inches, or closer than 3\1/2\ inches to the exposed 
flighting.
    (4) Access to moving parts. (i) Guards, shields, and access doors 
shall be in place when the equipment is in operation.
    (ii) Where removal of a guard or access door will expose an employee 
to any component which continues to rotate after the power is 
disengaged, the employer shall provide, in the immediate area, the 
following:
    (A) A readily visible or audible warning of rotation; and
    (B) A safety sign warning the employee to:
    (1) Look and listen for evidence of rotation; and
    (2) Not remove the guard or access door until all components have 
stopped.
    (5) Electrical disconnect means. (i) Application of electrical power 
from a location not under the immediate and exclusive control of the 
employee or employees maintaining or servicing equipment shall be 
prevented by:
    (A) Providing an exclusive, positive locking means on the main 
switch which can be operated only by the employee or employees 
performing the maintenance or servicing; or
    (B) In the case of material handling equipment located in a bulk 
storage structure, by physically locating on the equipment an electrical 
or mechanical means to disconnect the power.

[[Page 775]]

    (ii) All circuit protection devices, including those which are an 
integral part of a motor, shall be of the manual reset type, except 
where:
    (A) The employer can establish that because of the nature of the 
operation, distances involved, and the amount of time normally spent by 
employees in the area of the affected equipment, use of the manual reset 
device would be infeasible;
    (B) There is an electrical disconnect switch available to the 
employee within 15 feet of the equipment upon which maintenance or 
service is being performed; and
    (C) A sign is prominently posted near each hazardous component which 
warns the employee that, unless the electrical disconnect switch is 
utilized, the motor could automatically reset while the employee is 
working on the hazardous component.
    (d) Cotton ginning equipment--(1) Power transmission components. (i) 
The main drive and miscellaneous drives of gin stands shall be 
completely enclosed, guarded by location, or guarded by railings 
(consistent with the requirements of paragraph (a)(7) of this section). 
Drives between gin stands shall be guarded so as to prevent access to 
the area between machines.
    (ii) When guarded by railings, any hazardous component within 15 
horizontal inches of the rail shall be completely enclosed. Railing 
height shall be approximately 42 inches off the floor, platform, or 
other working surface, with a midrail between the toprail and the 
working surface. Panels made of materials conforming to the requirements 
in Table D-1, or equivalent, may be substituted for midrails. Guardrails 
shall be strong enough to withstand at least 200 pounds force on the 
toprail.
    (iii) Belts guarded by railings shall be inspected for defects at 
least daily. The machinery shall not be operated until all defective 
belts are replaced.

  Table D-1--Examples of Minimum Requirements for Guard Panel Materials
------------------------------------------------------------------------
                                                    Largest
                                 Clearance from     mesh or     Minimum
                                 moving part at     opening   gage (U.S.
           Material              all points (in    allowable   standard)
                                     inches)          (in         or
                                                    inches)    thickness
------------------------------------------------------------------------
Woven wire....................  Under 2.........       \3/8\          16
                                2 to 4..........       \1/2\          16
                                4 to 15.........           2          12
Expanded metal................  Under 4.........       \1/2\          18
                                4 to 15.........           2          13
Perforated metal..............  Under 4.........       \1/2\          20
                                4 to 15.........           2          14
Sheet metal...................  Under 4.........  ..........          22
                                4 to 15.........  ..........          22
Plastic.......................  Under 4.........  ..........       (\1\)
                                4 to 15.........  ..........       (\1\)
------------------------------------------------------------------------
\1\ Tensile strength of 10,000 lb/in \2\

    (iv) Pulleys of V-belt drives shall be completely enclosed or 
guarded by location whether or not railings are present. The open end of 
the pulley guard shall be not less than 4 inches from the periphery of 
the pulleys.
    (v) Chains and sprockets shall be completely enclosed, except that 
they may be guarded by location if the bearings are packed or if 
accessible extension lubrication fittings are used.
    (vi) Where complete enclosure of a component is likely to cause a 
fire hazard due to excessive deposits of lint, only the face section of 
nip-point and pulley guards is required. The guard shall extend at least 
6 inches beyond the rim of the pulley on the in-running and off-running 
sides of the belt, and at least 2 inches from the rim and face of the 
pulley in all other directions.
    (vii) Projecting shaft ends not guarded by location shall present a 
smooth edge and end, shall be guarded by non-rotating caps or safety 
sleeves, and may not protrude more than one-half the outside diameter of 
the shaft.
    (viii) In power plants and power development rooms where access is 
limited to authorized personnel, guard railings may be used in place of 
guards or guarding by location. Authorized employees having access to 
power plants and power development rooms shall be instructed in the safe 
operation and maintenance of the equipment in accordance with paragraph 
(a)(6) of this section.
    (2) Functional components. (i) Gin stands shall be provided with a 
permanently installed guard designed to preclude contact with the gin 
saws while

[[Page 776]]

in motion. The saw blades in the roll box shall be considered guarded by 
location if they do not extend through the ginning ribs into the roll 
box when the breast is in the out position.
    (ii) Moving saws on lint cleaners which have doors giving access to 
the saws shall be guarded by fixed barrier guards or their equivalent 
which prevent direct finger or hand contact with the saws while the saws 
are in motion.
    (iii) An interlock shall be installed on all balers so that the 
upper gates cannot be opened while the tramper is operating.
    (iv) Top panels of burr extractors shall be hinged and equipped with 
a sturdy positive latch.
    (v) All accessible screw conveyors shall be guarded by substantial 
covers or gratings, or with an inverted horizontally slotted guard of 
the trough type, which will prevent employees from coming into contact 
with the screw conveyor. Such guards may consist of horizontal bars 
spaced so as to allow material to be fed into the conveyor, and 
supported by arches which are not more than 8 feet apart. Screw 
conveyors under gin stands shall be considered guarded by location.
    (3) Warning device. A warning device shall be installed in all gins 
to provide an audible signal which will indicate to employees that any 
or all of the machines comprising the gin are about to be started. The 
signal shall be of sufficient volume to be heard by employees, and shall 
be sounded each time before starting the gin.

[41 FR 10195, Mar. 9, 1976; 41 FR 11022, Mar. 16, 1976; 41 FR 22268, 
June 2, 1976, as amended at 41 FR 46598, Oct. 22, 1976]

Subparts E-H [Reserved]



                Subpart I_General Environmental Controls



Sec.  1928.110  Field sanitation.

    (a) Scope. This section shall apply to any agricultural 
establishment where eleven (11) or more employees are engaged on any 
given day in hand-labor operations in the field.
    (b) Definitions. Agricultural employer means any person, 
corporation, association, or other legal entity that:
    (i) Owns or operates an agricultural establishment;
    (ii) Contracts with the owner or operator of an agricultural 
establishment in advance of production for the purchase of a crop and 
exercises substantial control over production; or
    (iii) Recruits and supervises employees or is responsible for the 
management and condition of an agricultural establishment.
    Agricultural establishment is a business operation that uses paid 
employees in the production of food, fiber, or other materials such as 
seed, seedlings, plants, or parts of plants.
    Hand-labor operations means agricultural activities or agricultural 
operations performed by hand or with hand tools. Except for purposes of 
paragraph (c)(2)(iii) of this section, hand-labor operations also 
include other activities or operations performed in conjunction with 
hand labor in the field. Some examples of hand-labor operations are the 
hand-cultivation, hand-weeding, hand-planting and hand-harvesting of 
vegetables, nuts, fruits, seedlings or other crops, including mushrooms, 
and the hand packing of produce into containers, whether done on the 
ground, on a moving machine or in a temporary packing shed located in 
the field. Hand-labor does not include such activities as logging 
operations, the care or feeding of livestock, or hand-labor operations 
in permanent structures (e.g., canning facilities or packing houses).
    Handwashing facility means a facility providing either a basin, 
container, or outlet with an adequate supply of potable water, soap and 
single-use towels.
    Potable water means water that meets the standards for drinking 
purposes of the State or local authority having jurisdiction, or water 
that meets the quality standards prescribed by the U.S. Environmental 
Protection Agency's National Primary Drinking Water Regulations (40 CFR 
part 141).
    Toilet facility means a fixed or portable facility designed for the 
purpose of adequate collection and containment of the products of both 
defecation and urination which is supplied with toilet

[[Page 777]]

paper adequate to employee needs. Toilet facility includes biological, 
chemical, flush and combustion toilets and sanitary privies.
    (c) Requirements. Agricultural employers shall provide the following 
for employees engaged in hand-labor operations in the field, without 
cost to the employee:
    (1) Potable drinking water. (i) Potable water shall be provided and 
placed in locations readily accessible to all employees.
    (ii) The water shall be suitably cool and in sufficient amounts, 
taking into account the air temperature, humidity and the nature of the 
work performed, to meet the needs of all employees.
    (iii) The water shall be dispensed in single-use drinking cups or by 
fountains. The use of common drinking cups or dippers is prohibited.
    (2) Toilet and handwashing facilities. (i) One toilet facility and 
one handwashing facility shall be provided for each twenty (20) 
employees or fraction thereof, except as stated in paragraph (c)(2)(v) 
of this section.
    (ii) Toilet facilities shall be adequately ventilated, appropriately 
screened, have self-closing doors that can be closed and latched from 
the inside and shall be constructed to insure privacy.
    (iii) Toilet and handwashing facilities shall be accessibly located 
and in close proximity to each other. The facilities shall be located 
within a one-quarter-mile walk of each hand laborer's place of work in 
the field.
    (iv) Where due to terrain it is not feasible to locate facilities as 
required above, the facilities shall be located at the point of closest 
vehicular access.
    (v) Toilet and handwashing facilities are not required for employees 
who perform field work for a period of three (3) hours or less 
(including transportation time to and from the field) during the day.
    (3) Maintenance. Potable drinking water and toilet and handwashing 
facilities shall be maintained in accordance with appropriate public 
health sanitation practices, including the following:
    (i) Drinking water containers shall be constructed of materials that 
maintain water quality, shall be refilled daily or more often as 
necessary, shall be kept covered and shall be regularly cleaned.
    (ii) Toilet facilities shall be operational and maintained in clean 
and sanitary condition.
    (iii) Handwashing facilities shall be refilled with potable water as 
necessary to ensure an adequate supply and shall be maintained in a 
clean and sanitary condition; and
    (iv) Disposal of wastes from facilities shall not cause unsanitary 
conditions.
    (4) Reasonable use. The employer shall notify each employee of the 
location of the sanitation facilities and water and shall allow each 
employee reasonable opportunities during the workday to use them. The 
employer also shall inform each employee of the importance of each of 
the following good hygiene practices to minimize exposure to the hazards 
in the field of heat, communicable diseases, retention of urine and 
agrichemical residues:
    (i) Use the water and facilities provided for drinking, handwashing 
and elimination;
    (ii) Drink water frequently and especially on hot days;
    (iii) Urinate as frequently as necessary;
    (iv) Wash hands both before and after using the toilet; and
    (v) Wash hands before eating and smoking.
    (d) Dates--(1) Effective date. This standard shall take effect on 
May 30, 1987.
    (2) Startup dates. Employers must comply with the requirements of 
paragraphs:
    (i) Paragraph (c)(1), to provide potable drinking water, by May 30, 
1987;
    (ii) Paragraph (c)(2), to provide handwashing and toilet facilities, 
by July 30, 1987;
    (iii) Paragraph (c)(3), to provide maintenance for toilet and 
handwashing facilities, by July 30, 1987; and
    (iv) Paragraph (c)(4), to assure reasonable use, by July 30, 1987.

[52 FR 16095, May 1, 1987, as amended at 76 FR 33612, June 8, 2011]

Subparts J-L [Reserved]

[[Page 778]]



                      Subpart M_Occupational Health



Sec.  1928.1027  Cadmium.

    See Sec.  1910.1027, Cadmium.

[61 FR 9255, Mar. 7, 1996]



PART 1949_OFFICE OF TRAINING AND EDUCATION, OCCUPATIONAL SAFETY AND HEALTH 
ADMINISTRATION--Table of Contents



                    Subpart A_OSHA Training Institute

Sec.
1949.1 Policy regarding tuition fees.
1949.2 Definitions.
1949.3 Schedule of fees.
1949.4 Procedure for payment.
1949.5 Refunds.

    Authority: Secs. 8, 26, Occupational Safety and Health Act of 1970 
(29 U.S.C. 657, 670); 31 U.S.C. 9701; Secretary of Labor's Order No. 9-
83 (48 FR 35736).

    Source: 49 FR 32066, Aug. 10, 1984, unless otherwise noted.



                    Subpart A_OSHA Training Institute



Sec.  1949.1  Policy regarding tuition fees.

    (a) The OSHA Training Institute shall charge tuition fees for all 
private sector students attending Institute courses.
    (b) The following private sector students shall be exempt from the 
payment of tuition fees.
    (1) Associate members of Field Federal Safety and Health Councils.
    (2) Students who are representatives of foreign governments.
    (3) Students attending courses which are required by OSHA for the 
student to maintain an existing designation of OSHA certified outreach 
trainer.
    (c) Additional exemptions may be made by the Director of the OSHA 
Training Institute on a case by case basis if it is determined that the 
students exempted are employed by a nonprofit organization and the 
granting of an exemption from tuition would be in the best interest of 
the occupational safety and health program. Individuals or organizations 
wishing to be considered for this exemption shall make application to 
the Director of the OSHA Training Institute in writing stating the 
reasons for an exemption from payment of tuition.

[56 FR 28076, June 19, 1991]



Sec.  1949.2  Definitions.

    Any term not defined herein shall have the same meaning as given it 
in the Act. As used in this subpart:
    Private sector students means those students attending the Institute 
who are not employees of Federal, State, or local governments.



Sec.  1949.3  Schedule of fees.

    (a) Tuition fees will be computed on the basis of the cost to the 
Government for the Institute conduct of the course, as determined by the 
Director of the Institute.
    (b) Total tuition charges for each course will be set forth in the 
course announcement.



Sec.  1949.4  Procedure for payment.

    (a) Applications for Institute courses shall be submitted to the 
Institute Registrar's office in accordance with instructions issued by 
the Institute.
    (b) Private sector personnel shall, upon notification of their 
acceptance by the Institute, submit a check payable to ``U.S. Department 
of Labor'' in the amount indicated by the course announcement prior to 
the commencement of the course.



Sec.  1949.5  Refunds.

    An applicant may withdraw an application and receive full 
reimbursement of the fee provided that written notification to the 
Institute Registrar is mailed no later than 14 days before the 
commencement of the course for which registration has been submitted.



PART 1952_APPROVED STATE PLANS FOR ENFORCEMENT OF STATE 
STANDARDS--Table of Contents



Subpart A_List of Approved State Plans for Private-Sector and State and 
                       Local Government Employees

Sec.
1952.1 South Carolina.
1952.2 Oregon.
1952.3 Utah.
1952.4 Washington.
1952.5 North Carolina.

[[Page 779]]

1952.6 Iowa.
1952.7 California.
1952.8 Minnesota.
1952.9 Maryland.
1952.10 Tennessee.
1952.11 Kentucky.
1952.12 Alaska.
1952.13 Michigan.
1952.14 Vermont.
1952.15 Nevada.
1952.16 Hawaii.
1952.17 Indiana.
1952.18 Wyoming.
1952.19 Arizona.
1952.20 New Mexico.
1952.21 Virginia.
1952.22 Puerto Rico.

 Subpart B_List of Approved State Plans for State and Local Government 
                                Employees

1952.23 Connecticut.
1952.24 New York.
1952.25 New Jersey.
1952.26 The Virgin Islands.
1952.27 Illinois.
1952.28 Maine.
1952.29 Massachusetts.

    Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part 1902; 
Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), or 8-
2020 (85 FR 58393, Sept. 18, 2020), as applicable.



Subpart A_List of Approved State Plans for Private-Sector and State and 
                       Local Government Employees



Sec.  1952.1  South Carolina.

    (a) The South Carolina State plan received initial approval on 
December 6, 1972.
    (b) The South Carolina State plan received final approval on 
December 18, 1987.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance officer staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984, South 
Carolina, in conjunction with OSHA, completed a reassessment of the 
staffing levels initially established in 1980 and proposed revised 
compliance staffing benchmarks of 17 safety and 12 health compliance 
officers. After opportunity for public comment and service on the AFL-
CIO, the Assistant Secretary approved these revised staffing 
requirements on January 17, 1986.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/south_carolina.html.



Sec.  1952.2  Oregon.

    (a) The Oregon State plan received initial approval on December 28, 
1972.
    (b) The Oregon State plan received final approval on May 12, 2005.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (``benchmarks'') necessary for a ``fully 
effective'' enforcement program were required for each State operating 
an approved State plan. In October 1992, Oregon completed, in 
conjunction with OSHA, a reassessment of the health staffing level 
initially established in 1980 and proposed a revised health benchmark of 
28 health compliance officers. Oregon elected to retain the safety 
benchmark level established in the 1980 Report to the Court of the U.S. 
District Court for the District of Columbia in 1980 of 47 safety 
compliance officers. After opportunity for public comment and service on 
the AFL-CIO, the Assistant Secretary approved these revised staffing 
requirements on August 11, 1994.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/oregon.html.



Sec.  1952.3  Utah.

    (a) The Utah State plan received initial approval on January 10, 
1973.
    (b) The Utah State plan received final approval on July 16, 1985.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an

[[Page 780]]

approved State plan. In September 1984, Utah, in conjunction with OSHA, 
completed a reassessment of the levels initially established in 1980 and 
proposed revised compliance staffing benchmarks of 10 safety and 9 
health compliance officers. After opportunity for public comments and 
service on the AFL-CIO, the Assistant Secretary approved these revised 
staffing requirements effective July 16, 1985.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/utah.html.



Sec.  1952.4  Washington.

    (a) The Washington State plan received initial approval on January 
26, 1973.
    (b) OSHA entered into an operational status agreement with 
Washington.
    (c) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/washington.html.



Sec.  1952.5  North Carolina.

    (a) The North Carolina State plan received initial approval on 
February 1, 1973.
    (b) The North Carolina State plan received final approval on 
December 18, 1996.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (``benchmarks'') necessary for a ``fully 
effective'' enforcement program were required for each State operating 
an approved State plan. In September 1984, North Carolina, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised benchmarks of 50 safety and 27 
health compliance officers. After opportunity for public comment and 
service on the AFL-CIO, the Assistant Secretary approved these revised 
staffing requirements on January 17, 1986.
    In June 1990, North Carolina reconsidered the information utilized 
in the initial revision of its 1980 benchmarks and determined that 
changes in local conditions and improved inspection data warranted 
further revision of its benchmarks to 64 safety inspectors and 50 
industrial hygienists. After opportunity for public comment and service 
on the AFL-CIO, the Assistant Secretary approved these revised staffing 
requirements on June 4, 1996.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/north_carolina.html.



Sec.  1952.6  Iowa.

    (a) The Iowa State plan received initial approval on July 20, 1973.
    (b) The Iowa State plan received final approval on July 2, 1985.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984, Iowa, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 16 safety and 13 health compliance officers. After opportunity for 
public comment and service on the AFL-CIO, the Assistant Secretary 
approved these revised staffing requirements effective July 2, 1985.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/iowa.html.



Sec.  1952.7  California.

    (a) The California State plan received initial approval on May 1, 
1973.

[[Page 781]]

    (b) OSHA entered into an operational status agreement with 
California.
    (c) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/california.html.



Sec.  1952.8  Minnesota.

    (a) The Minnesota State plan received initial approval on June 8, 
1973.
    (b) The Minnesota State plan received final approval on July 30, 
1985.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984 Minnesota, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 31 safety and 12 health compliance officers. After opportunity for 
public comment and service on the AFL-CIO, the Assistant Secretary 
approved these revised staffing requirements on July 30, 1985.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/minnesota.html.



Sec.  1952.9  Maryland.

    (a) The Maryland State plan received initial approval on July 5, 
1973.
    (b) The Maryland State plan received final approval on July 18, 
1985.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984 Maryland, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 36 safety and 18 health compliance officers. After opportunity for 
public comment and service on the AFL-CIO, the Assistant Secretary 
approved these revised staffing requirements on July 18, 1985.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/maryland.html.



Sec.  1952.10  Tennessee.

    (a) The Tennessee State plan received initial approval on July 5, 
1973.
    (b) The Tennessee State plan received final approval on July 22, 
1985.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984 Tennessee, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 22 safety and 14 health compliance officers. After opportunity for 
public comment and service on the AFL-CIO, the Assistant Secretary 
approved these revised staffing requirements on July 22, 1985.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/tennessee.html.



Sec.  1952.11  Kentucky.

    (a) The Kentucky State plan received initial approval on July 31, 
1973.
    (b) The Kentucky State plan received final approval on June 13, 
1985.

[[Page 782]]

    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984 Kentucky, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 23 safety and 14 health compliance officers. After opportunity for 
public comment and service on the AFL-CIO, the Assistant Secretary 
approved these revised staffing requirements on June 13, 1985.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/kentucky.html.



Sec.  1952.12  Alaska.

    (a) The Alaska State plan received initial approval on August 10, 
1973.
    (b) The Alaska State plan received final approval on September 28, 
1984.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. Alaska's compliance staffing 
benchmarks are 4 safety and 5 health compliance officers.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/alaska.html.



Sec.  1952.13  Michigan.

    (a) The Michigan State plan received initial approval on October 3, 
1973.
    (b) OSHA entered into an operational status agreement with Michigan.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (``benchmarks'') necessary for a ``fully 
effective'' enforcement program were required for each State operating 
an approved State plan. In 1992, Michigan completed, in conjunction with 
OSHA, a reassessment of the levels initially established in 1980 and 
proposed revised benchmarks of 56 safety and 45 health compliance 
officers. After opportunity for public comment and service on the AFL-
CIO, the Assistant Secretary approved these revised staffing 
requirements on April 20, 1995.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
https://www.osha.gov/dcsp/osp/stateprogs/michigan.html.



Sec.  1952.14  Vermont.

    (a) The Vermont State plan received initial approval on October 16, 
1973.
    (b) OSHA entered into an operational status agreement with Vermont.
    (c) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/vermont.html.



Sec.  1952.15  Nevada.

    (a) The Nevada State plan received initial approval on January 4, 
1974.
    (b) The Nevada State plan received final approval on April 18, 2000.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In July 1986 Nevada, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 11 safety and 5 health compliance officers. After opportunity for 
public comment and service on the

[[Page 783]]

AFL-CIO, the Assistant Secretary approved these revised staffing 
requirements on September 2, 1987.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/nevada.html.



Sec.  1952.16  Hawaii.

    (a) The Hawaii State plan received initial approval on January 4, 
1974.
    (b) The Hawaii State plan received final approval on May 4, 1984.
    (c) On September 21, 2012 OSHA modified the State Plan's approval 
status from final approval to initial approval, and reinstated 
concurrent federal enforcement authority pending the necessary 
corrective action by the State Plan in order to once again meet the 
criteria for a final approval determination. OSHA and Hawaii entered 
into an operational status agreement to provide a workable division of 
enforcement responsibilities.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/hawaii.html.



Sec.  1952.17  Indiana.

    (a) The Indiana State plan received initial approval on March 6, 
1974.
    (b) The Indiana State plan received final approval on September 26, 
1986.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984 Indiana, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 47 safety and 23 health compliance officers. After opportunity for 
public comment and service on the AFL-CIO, the Assistant Secretary 
approved these revised staffing requirements on January 17, 1986.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/indiana.html.



Sec.  1952.18  Wyoming.

    (a) The Wyoming State plan received initial approval on May 3, 1974.
    (b) The Wyoming State plan received final approval on June 27, 1985.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984 Wyoming, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 6 safety and 2 health compliance officers. After opportunity for 
public comment and service on the AFL-CIO, the Assistant Secretary 
approved these revised staffing requirements on June 27, 1985.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/wyoming.html.



Sec.  1952.19  Arizona.

    (a) The Arizona State plan received initial approval on November 5, 
1974.
    (b) The Arizona State plan received final approval on June 20, 1985.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984, Arizona in 
conjunction with OSHA, completed a reassessment of the

[[Page 784]]

levels initially established in 1980 and proposed revised compliance 
staffing benchmarks of 9 safety and 6 health compliance officers. After 
opportunity for public comment and service on the AFL-CIO, the Assistant 
Secretary approved these revised staffing requirements on June 20, 1985.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/arizona.html.



Sec.  1952.20  New Mexico.

    (a) The New Mexico State plan received initial approval on December 
10, 1975.
    (b) OSHA entered into an operational status agreement with New 
Mexico.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (``benchmarks'') necessary for a ``fully 
effective'' enforcement program were required for each State operating 
an approved State plan. In May 1992, New Mexico completed, in 
conjunction with OSHA, a reassessment of the staffing levels initially 
established in 1980 and proposed revised benchmarks of 7 safety and 3 
health compliance officers. After opportunity for public comment and 
service on the AFL-CIO, the Assistant Secretary approved these revised 
staffing requirements on August 11, 1994.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/new_mexico.html.



Sec.  1952.21  Virginia.

    (a) The Virginia State plan received initial approval on September 
28, 1976.
    (b) The Virginia State plan received final approval on November 30, 
1988.
    (c) Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, 
compliance staffing levels (benchmarks) necessary for a ``fully 
effective'' enforcement program were required to be established for each 
State operating an approved State plan. In September 1984 Virginia, in 
conjunction with OSHA, completed a reassessment of the levels initially 
established in 1980 and proposed revised compliance staffing benchmarks 
of 38 safety and 21 health compliance officers. After opportunity for 
public comment and service on the AFL-CIO, the Assistant Secretary 
approved these revised staffing requirements on January 17, 1986.
    (d) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/virginia.html.



Sec.  1952.22  Puerto Rico.

    (a) The Puerto Rico State plan received initial approval on August 
30, 1977.
    (b) OSHA entered into an operational status agreement with Puerto 
Rico.
    (c) The plan covers all private-sector employers and employees, with 
several notable exceptions, as well as State and local government 
employers and employees, within the State. For current information on 
these exceptions and for additional details about the plan, please visit 
http://www.osha.gov/dcsp/osp/stateprogs/puerto_rico.html.



 Subpart B_List of Approved State Plans for State and Local Government 
                                Employees



Sec.  1952.23  Connecticut.

    (a) The Connecticut State plan for State and local government 
employees received initial approval from the Assistant Secretary on 
November 3, 1978.
    (b) In accordance with 29 CFR 1956.10(g), a State is required to 
have a sufficient number of adequately trained and competent personnel 
to discharge its responsibilities under the plan. The Connecticut Public 
Employee Only State plan provides for three (3) safety compliance 
officers and one (1) health compliance officer as set forth in the 
Connecticut Fiscal Year 1986 grant. This staffing level meets

[[Page 785]]

the ``fully effective'' benchmarks established for Connecticut for both 
safety and health.
    (c) The plan only covers State and local government employers and 
employees within the State. For additional details about the plan, 
please visit http://www.osha.gov/dcsp/osp/stateprogs/connecticut.html.



Sec.  1952.24  New York.

    (a) The New York State plan for State and local government employees 
received initial approval from the Assistant Secretary on June 1, 1984.
    (b) The plan, as revised on April 28, 2006, provides assurances of a 
fully trained, adequate staff, including 29 safety and 21 health 
compliance officers for enforcement inspections and 11 safety and 9 
health consultants to perform consultation services in the public 
sector. The State has also given satisfactory assurances of continued 
adequate funding to support the plan.
    (c) The plan only covers State and local government employers and 
employees within the State. For additional details about the plan, 
please visit http://www.osha.gov/dcsp/osp/stateprogs/new_york.html.



Sec.  1952.25  New Jersey.

    (a) The New Jersey State plan for State and local government 
employees received initial approval from the Assistant Secretary on 
January 11, 2001.
    (b) The plan further provides assurances of a fully trained, 
adequate staff, including 20 safety and 7 health compliance officers for 
enforcement inspections, and 4 safety and 3 health consultants to 
perform consultation services in the public sector, and 2 safety and 3 
health training and education staff. The State has assured that it will 
continue to provide a sufficient number of adequately trained and 
qualified personnel necessary for the enforcement of standards as 
required by 29 CFR 1956.10. The State has also given satisfactory 
assurance of adequate funding to support the plan.
    (c) The plan only covers State and local government employers and 
employees within the State. For additional details about the plan, 
please visit http://www.osha.gov/dcsp/osp/stateprogs/new_jersey.html.



Sec.  1952.26  The Virgin Islands.

    (a) The Virgin Islands State plan for Public Employees Only was 
approved on July 23, 2003.
    (b) The plan only covers State and local government employers and 
employees within the State. For additional details about the plan, 
please visit http://www.osha.gov/dcsp/osp/stateprogs/
virgin_islands.html.



Sec.  1952.27  Illinois.

    (a) The Illinois State plan for state and local government employees 
received initial approval from the Assistant Secretary on September 1, 
2009.
    (b) The Plan further provides assurances of a fully trained, 
adequate staff within three years of plan approval, including 11 safety 
and 3 health compliance officers for enforcement inspections, and 3 
safety and 2 health consultants to perform consultation services in the 
public sector. The state has assured that it will continue to provide a 
sufficient number of adequately trained and qualified personnel 
necessary for the enforcement of standards as required by 29 CFR 
1956.10. The state has also given satisfactory assurance of adequate 
funding to support the Plan.
    (c) The plan only covers State and local government employers and 
employees within the state. For additional details about the plan, 
please visit http://www.osha.gov/dcsp/osp/stateprogs/illinois.html.



Sec.  1952.28  Maine.

    (a) The Maine State Plan for State and local government employees 
received initial approval from the Assistant Secretary on August 5, 
2015.
    (b) The Plan further provides assurances of a fully trained, 
adequate staff within three years of plan approval, including 2 safety 
and 1 health compliance officers for enforcement inspections, and 3 
safety and 1 health consultants to perform consultation services in the 
public sector. The State has assured that it will continue to provide a 
sufficient number of adequately trained and qualified personnel 
necessary for the enforcement of standards as required by 29 CFR 
1956.10. The State has also given satisfactory assurance of adequate 
funding to support the Plan.

[[Page 786]]

    (c) The plan only covers State and local government employers and 
employees within the State. For additional details about the plan, 
please visit https://www.osha.gov/dcsp/osp/stateprogs/maine.html.

[81 FR 6178, Feb. 5, 2016]



Sec.  1952.29  Massachusetts.

    (a) The Massachusetts State Plan for State and local Government 
employees received initial approval from the Assistant Secretary on 
August 18, 2022.
    (b) The Plan further provides assurances of a fully trained, 
adequate staff within three years of plan approval, including 8 safety 
and 3 health compliance officers for enforcement inspections, and 2 
safety and 1 health consultants to perform consultation services in the 
public sector. The State has assured that it will continue to provide a 
sufficient number of adequately trained and qualified personnel 
necessary for the enforcement of standards as required by 29 CFR 
1956.10. The State has also given satisfactory assurance of adequate 
funding to support the Plan.
    (c) The plan only covers State and local government employers and 
employees within the State. For additional details about the plan, 
please visit https://www.osha.gov/dcsp/osp/stateprogs/
massachusetts.html.

[87 FR 50775, Aug. 18, 2022]



PART 1953_CHANGES TO STATE PLANS--Table of Contents



Sec.
1953.1 Purpose and scope.
1953.2 Definitions.
1953.3 General policies and procedures.
1953.4 Submission of plan supplements.
1953.5 Special provisions for standards changes.
1953.6 Review and approval of plan supplements.

    Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); Secretary of 
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Source: 67 FR 60125, Sept. 25, 2002, unless otherwise noted.



Sec.  1953.1  Purpose and scope.

    (a) This part implements the provisions of section 18 of the 
Occupational Safety and Health Act of 1970 (``OSH Act'' or the ``Act'') 
which provides for State plans for the development and enforcement of 
State occupational safety and health standards. These plans must meet 
the criteria in section 18(c) of the Act, and part 1902 of this chapter 
(for plans covering both private sector and State and local government 
employers) or part 1956 of this chapter (for plans covering only State 
and local government employers), either at the time of submission or--
where the plan is developmental--within the three year period 
immediately following commencement of the plan's operation. Approval of 
a State plan is based on a finding that the State has, or will have, a 
program, pursuant to appropriate State law, for the adoption and 
enforcement of State standards that is ``at least as effective'' as the 
Federal program.
    (b) When submitting plans, the States provide assurances that they 
will continue to meet the requirements in section 18(c) of the Act and 
part 1902 or part 1956 of this chapter for a program that is ``at least 
as effective'' as the Federal. Such assurances are a fundamental basis 
for approval of plans. (See Sec. Sec.  1902.3 and 1956.2 of this 
chapter.) From time to time after initial plan approval, States will 
need to make changes to their plans. This part establishes procedures 
for submission and review of State plan supplements documenting those 
changes that are necessary to fulfill the State's assurances, the 
requirements of the Act, and part 1902 or part 1956 of this chapter.
    (c) Changes to a plan may be initiated in several ways. In the case 
of a developmental plan, changes are required to document establishment 
of those necessary structural program components that were not in place 
at the time of plan approval. These commitments are included in a 
developmental schedule approved as part of the initial plan. These 
``developmental changes'' must be completed within the three year period 
immediately following the commencement of operations under the plan. 
Another circumstance requiring subsequent changes to a State plan would 
be the need to keep pace with changes to the Federal program, or 
``Federal Program

[[Page 787]]

Changes.'' A third situation would be when changes are required as a 
result of the continuing evaluation of the State program. Such changes 
are called ``evaluation changes.'' Finally, changes to a State program's 
safety and health requirements or procedures initiated by the State 
without a Federal parallel could have an impact on the effectiveness of 
the State program. Such changes are called ``State-initiated changes.'' 
While requirements for submission of a plan supplement to OSHA differ 
depending on the type of change, all supplements are processed in 
accordance with the procedures in Sec.  1953.6.



Sec.  1953.2  Definitions.

    (a) OSHA means the Assistant Secretary of Labor for Occupational 
Safety and Health, or any representative authorized to perform any of 
the functions discussed in this part, as set out in implementing 
Instructions.
    (b) State means an authorized representative of the agency 
designated to administer a State plan under Sec.  1902.3(b) of this 
chapter.
    (c) Plan change means any modification made by a State to its 
approved occupational safety and health State plan which has an impact 
on the plan's effectiveness.
    (d) Plan supplement means all documents necessary to accomplish, 
implement, describe and evaluate the effectiveness of a change to a 
State plan which differs from the parallel Federal legislation, 
regulation, policy or procedure. (This would include a copy of the 
complete legislation, regulation, policy or procedure adopted; an 
identification of each of the differences; and an explanation of how 
each provision is at least as effective as the comparable Federal 
provision.)
    (e) Identical plan change means one in which the State adopts the 
same program provisions and documentation as the Federal program with 
the only differences being those modifications necessary to reflect a 
State's unique structure (e.g., organizational responsibility within a 
State and corresponding titles or internal State numbering system). 
Different plan change means one in which the State adopts program 
provisions and documentation that are not identical as defined in this 
paragraph.
    (g) Developmental change is a change made to a State plan which 
documents the completion of a program component which was not fully 
developed at the time of initial plan approval.
    (h) Federal program change is a change made to a State plan when 
OSHA determines that an alteration in the Federal program could render a 
State program less effective than OSHA's if it is not similarly 
modified.
    (i) Evaluation change is a change made to a State plan when 
evaluations of a State program show that some substantive aspect of a 
State plan has an adverse impact on the implementation of the State's 
program and needs revision.
    (j) State-initiated change is a change made to a State plan which is 
undertaken at a State's option and is not necessitated by Federal 
requirements.



Sec.  1953.3  General policies and procedures.

    (a) Effectiveness of State plan changes under State law. Federal 
OSHA approval of a State plan under section 18(b) of the OSH Act in 
effect removes the barrier of Federal preemption, and permits the State 
to adopt and enforce State standards and other requirements regarding 
occupational safety or health issues regulated by OSHA. A State with an 
approved plan may modify or supplement the requirements contained in its 
plan, and may implement such requirements under State law, without prior 
approval of the plan change by Federal OSHA. Changes to approved State 
plans are subject to subsequent OSHA review. If OSHA finds reason to 
reject a State plan change, and this determination is upheld after an 
adjudicatory proceeding, the plan change would then be excluded from the 
State's Federally-approved plan.
    (b) Required State plan notifications and supplements. Whenever a 
State makes a change to its legislation, regulations, standards, or 
major changes to policies or procedures, which affect the operation of 
the State plan, the State shall provide written notification to OSHA. 
When the change differs from a

[[Page 788]]

corresponding Federal program component, the State shall submit a 
formal, written plan supplement. When the State adopts a provision which 
is identical to a corresponding Federal provision, written notification, 
but no formal plan supplement, is required. However, the State is 
expected to maintain the necessary underlying State document (e.g., 
legislation or standard) and to make it available for review upon 
request. All plan change supplements or required documentation must be 
submitted within 60 days of adoption of the change. Submission of all 
notifications and supplements may be in electronic format.
    (c) Plan supplement availability. The underlying documentation for 
identical plan changes shall be maintained by the State. Annually, 
States shall submit updated copies of the principal documents comprising 
the plan, or appropriate page changes, to the extent that these 
documents have been revised. To the extent possible, plan documents will 
be maintained and submitted by the State in electronic format and also 
made available in such manner.
    (d) Advisory opinions. Upon State request, OSHA may issue an 
advisory opinion on the approvability of a proposed change which differs 
from the Federal program prior to promulgation or adoption by the State 
and submission as a formal supplement.
    (e) Alternative procedures. Upon reasonable notice to interested 
persons, the Assistant Secretary may prescribe additional or alternative 
procedures in order to expedite the review process or for any other good 
cause which may be consistent with the applicable laws.

[67 FR 60125, Sept. 25, 2002, as amended at 80 FR 49908, Aug. 18, 2015]



Sec.  1953.4  Submission of plan supplements.

    (a) Developmental changes. (1) Sections 1902.2(b) and 1956.2(b) of 
this chapter require that each State with a developmental plan must set 
forth in its plan, as developmental steps, those changes which must be 
made to its initially-approved plan for its program to be at least as 
effective as the Federal program and a timetable for making these 
changes. The State must notify OSHA of a developmental change when it 
completes a developmental step or fails to meet any developmental step.
    (2) If the completion of a developmental step is the adoption of a 
program component which is identical to the Federal program component, 
the State need only submit documentation, such as the cover page of an 
implementing directive or a notice of promulgation, that it has adopted 
the program component, within 60 days of adoption of the change, but 
must make the underlying documentation available for Federal and public 
review upon request.
    (3) If the completion of a developmental step involves the adoption 
of policies or procedures which differ from the Federal program, the 
State must submit one copy of the required plan supplement within 60 
days of adoption of the change.
    (4) When a developmental step is missed, the State must submit a 
supplement which documents the impact on the program of the failure to 
complete the developmental step, an explanation of why the step was not 
completed on time and a revised timetable with a new completion date 
(generally not to exceed 90 days) and any other actions necessary to 
ensure completion. Where the State has an operational status agreement 
with OSHA under Sec.  1954.3 of this Chapter, the State must provide an 
assurance that the missed step will not affect the effectiveness of 
State enforcement in any issues for which the State program has been 
deemed to be operational.
    (5) If the State fails to submit the required documentation or 
supplement, as provided in Sec.  1953.4(a)(2), (3) or (4), when the 
developmental step is scheduled for completion, OSHA shall notify the 
State that documentation or a supplement is required and set a timetable 
for submission of any required documentation or supplement, generally 
not to exceed 60 days.
    (b) Federal Program changes. (1) When a significant change in the 
Federal program would have an adverse impact on the ``at least as 
effective'' status of the State program if a parallel State program 
modification were not made, State adoption of a change in response to 
the Federal program change shall be

[[Page 789]]

required. A Federal program change that would not result in any 
diminution of the effectiveness of a State plan compared to Federal OSHA 
generally would not require adoption by the State.
    (2) Examples of significant changes to the Federal program that 
would normally require a State response would include a change in the 
Act, promulgation or revision of OSHA standards or regulations, or 
changes in policy or procedure of national importance. A Federal program 
change that only establishes procedures necessary to implement a new or 
established policy, standard or regulation does not require a State 
response, although the State would be expected to establish policies and 
procedures which are ``at least as effective,'' which must be available 
for review on request.
    (3) When there is a change in the Federal program which requires 
State action, OSHA shall advise the States. This notification shall also 
contain a date by which States must adopt a corresponding change or 
submit a statement why a program change is not necessary. This date will 
generally be six months from the date of notification, except where the 
Assistant Secretary determines that the nature or scope of the change 
requires a different time frame, for example, a change requiring 
legislative action where a State has a biennial legislature or a policy 
of major national implications requiring a shorter implementing time 
frame. State notification of intent may be required prior to adoption.
    (4) If the State change is different from the Federal program 
change, the State shall submit one copy of the required supplement 
within 60 days of State adoption. The supplement shall contain a copy of 
the relevant legislation, regulation, policy or procedure and 
documentation on how the change maintains the ``at least as effective 
as'' status of the plan.
    (5) If the State adopts a change identical to the Federal program 
change, the State is not required to submit a supplement. However, the 
State shall provide documentation that it has adopted the change, such 
as the cover page of an implementing directive or a notice of 
promulgation, within 60 days of State adoption.
    (6) The State may demonstrate why a program change is not necessary 
because the State program is already the same as or at least as 
effective as the Federal program change. Such submissions will require 
review and approval as set forth in Sec.  1953.6.
    (7) Where there is a change in the Federal program which does not 
require State action but is of sufficient national interest to warrant 
indication of State intent, the State may be required to provide such 
notification within a specified time frame.
    (c) Evaluation changes. (1) Special and periodic evaluations of a 
State program by OSHA in cooperation with the State may show that some 
portion of a State plan has an adverse impact on the effectiveness of 
the State program and accordingly requires modification to the State's 
underlying legislation, regulations, policy or procedures as an 
evaluation change. For example, OSHA could find that additional 
legislative or regulatory authority may be necessary to effectively 
pursue the State's right of entry into workplaces, or to assure various 
employer rights.
    (2) OSHA shall advise the State of any evaluation findings that 
require a change to the State plan and the reasons supporting this 
decision. This notification shall also contain a date by which the State 
must accomplish this change and submit either the change supplement or a 
timetable for its accomplishment and interim steps to assure continued 
program effectiveness, documentation of adoption of a program component 
identical to the Federal program component, or, as explained in 
paragraph (c)(5) of this section, a statement demonstrating why a 
program change is not necessary.
    (3) If the State adopts a program component which differs from a 
corresponding Federal program component, the State shall submit one copy 
of a required supplement within 60 days of adoption of the change. The 
supplement shall contain a copy of the relevant legislation, regulation, 
policy or procedure and documentation on how the change maintains the 
``at least as effective as'' status of the plan.

[[Page 790]]

    (4) If the State adopts a program component identical to a Federal 
program component, submission of a supplement is not required. However, 
the State shall provide documentation that it has adopted the change, 
such as the cover page of an implementing directive or a notice of 
promulgation, within 60 days of adoption of the change and shall retain 
all other documentation within the State available for review upon 
request.
    (5) The State may demonstrate why a program change is not necessary 
because the State program is meeting the requirements for an ``at least 
as effective'' program. Such submission will require review and approval 
as set forth in Sec.  1953.6.
    (d) State-initiated changes. (1) A State-initiated change is any 
change to the State plan which is undertaken at a State's option and is 
not necessitated by Federal requirements. State-initiated changes may 
include legislative, regulatory, administrative, policy or procedural 
changes which impact on the effectiveness of the State program.
    (2) A State-initiated change supplement is required whenever the 
State takes an action not otherwise covered by this part that would 
impact on the effectiveness of the State program. The State shall notify 
OSHA as soon as it becomes aware of any change which could affect the 
State's ability to meet the approval criteria in parts 1902 and 1956 of 
this chapter, e.g., changes to the State's legislation, and submit a 
supplement within 60 days. Other State initiated supplements must be 
submitted within 60 days after the change occurred. The State supplement 
shall contain a copy of the relevant legislation, regulation, policy or 
procedure and documentation on how the change maintains the ``at least 
as effective as'' status of the plan. If the State fails to notify OSHA 
of the change or fails to submit the required supplement within the 
specified time period, OSHA shall notify the State that a supplement is 
required and set a time period for submission of the supplement, 
generally not to exceed 30 days.



Sec.  1953.5  Special provisions for standards changes.

    (a) Permanent standards. (1) Where a Federal program change is a new 
permanent standard, or a more stringent amendment to an existing 
permanent standard, the State shall promulgate a State standard adopting 
such new Federal standard, or more stringent amendment to an existing 
Federal standard, or an at least as effective equivalent thereof, within 
six months of the date of promulgation of the new Federal standard or 
more stringent amendment. The State may demonstrate that a standard 
change is not necessary because the State standard is already the same 
as or at least as effective as the Federal standard change. In order to 
avoid delays in worker protection, the effective date of the State 
standard and any of its delayed provisions must be the date of State 
promulgation or the Federal effective date whichever is later. The 
Assistant Secretary may permit a longer time period if the State makes a 
timely demonstration that good cause exists for extending the time 
limitation. State permanent standards adopted in response to a new or 
revised Federal standard shall be submitted as a State plan supplement 
within 60 days of State promulgation in accordance with Sec.  1953.4(b), 
Federal Program changes.
    (2) Because a State may include standards and standards provisions 
in addition to Federal standards within an issue covered by an approved 
plan, it would generally be unnecessary for a State to revoke a standard 
when the comparable Federal standard is revoked or made less stringent. 
If the State does not adopt the Federal action, it need only provide 
notification of its intent to retain the existing State standard to OSHA 
within 6 months of the Federal promulgation date. If the State adopts a 
change to its standard parallel to the Federal action, it shall submit 
the appropriate documentation as provided in Sec. Sec.  1953.4(b)(3) or 
(4)--Federal program changes. However, in the case of standards 
applicable to products used or distributed in interstate commerce where

[[Page 791]]

section 18(c)(2) of the Act imposes certain restrictions on State plan 
authority, the modification, revision, or revocation of the Federal 
standard may necessitate the modification, revision, or revocation of 
the comparable State standard unless the State standard is required by 
compelling local conditions and does not unduly burden interstate 
commerce.
    (3) Where a State on its own initiative adopts a permanent State 
standard for which there is no Federal parallel, the State shall submit 
it within 60 days of State promulgation in accordance with Sec.  
1953.4(d)--State-initiated changes,
    (b) Emergency temporary standards. (1) Immediately upon publication 
of an emergency temporary standard in the Federal Register, OSHA shall 
advise the States of the standard and that a Federal program change 
supplement shall be required. This notification must also provide that 
the State has 30 days after the date of promulgation of the Federal 
standard to adopt a State emergency temporary standard if the State plan 
covers that issue. The State may demonstrate that promulgation of an 
emergency temporary standard is not necessary because the State standard 
is already the same as or at least as effective as the Federal standard 
change. The State standard must remain in effect for the duration of the 
Federal emergency temporary standard which may not exceed six (6) 
months.
    (2) Within 15 days after receipt of the notice of a Federal 
emergency temporary standard, the State shall advise OSHA of the action 
it will take. State standards shall be submitted in accordance with the 
applicable procedures in Sec.  1953.4(b)--Federal Program Changes, 
except that the required documentation or plan supplement must be 
submitted within 5 days of State promulgation.
    (3) If for any reason, a State on its own initiative adopts a State 
emergency temporary standard, it shall be submitted as a plan supplement 
in accordance with Sec.  1953.4(c), but within 10 days of promulgation.



Sec.  1953.6  Review and approval of plan supplements.

    (a) OSHA shall review a supplement to determine whether it is at 
least as effective as the Federal program and meets the criteria in the 
Act and implementing regulations and the assurances in the State plan. 
If the review reveals any defect in the supplement, or if more 
information is needed, OSHA shall offer assistance to the State and 
shall provide the State an opportunity to clarify or correct the change.
    (b) If upon review, OSHA determines that the differences from a 
corresponding Federal component are purely editorial and do not change 
the substance of the policy or requirements on employers, it shall deem 
the change identical. This includes ``plain language'' rewrites of new 
Federal standards or previously approved State standards which do not 
change the meaning or requirements of the standard. OSHA will inform the 
State of this determination. No further review or Federal Register 
publication is required.
    (c) Federal OSHA may seek public comment during its review of plan 
supplements. Generally, OSHA will seek public comment if a State program 
component differs significantly from the comparable Federal program 
component and OSHA needs additional information on its compliance with 
the criteria in section 18(c) of the Act, including whether it is at 
least as effective as the Federal program and in the case of a standard 
applicable to products used or distributed in interstate commerce, 
whether it is required by compelling local conditions or unduly burdens 
interstate commerce under section 18(c)(2) of the Act.
    (d) If the plan change meets the approval criteria, OSHA shall 
approve it and shall thereafter publish a Federal Register notice 
announcing the approval. OSHA reserves the right to reconsider its 
decision should subsequent information be brought to its attention.
    (e) If a State fails to submit a required supplement or if 
examination discloses cause for rejecting a submitted supplement, OSHA 
shall provide the State a reasonable time, generally

[[Page 792]]

not to exceed 30 days, to submit a revised supplement or to show cause 
why a proceeding should not be commenced either for rejection of the 
supplement or for failure to adopt the change in accordance with the 
procedures in Sec.  1902.17 or Part 1955 of this chapter.



PART 1954_PROCEDURES FOR THE EVALUATION AND MONITORING OF APPROVED 
STATE PLANS--Table of Contents



                            Subpart A_General

Sec.
1954.1 Purpose and scope.
1954.2 Monitoring system.
1954.3 Exercise of Federal discretionary authority.

     Subpart B_State Monitoring Reports and Visits to State Agencies

1954.10 Reports from the States.
1954.11 Visits to State agencies.

     Subpart C_Complaints About State Program Administration (CASPA)

1954.20 Complaints about State program administration.
1954.21 Processing and investigating a complaint.
1954.22 Notice provided by State.

    Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); Secretary of 
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Source: 39 FR 1838, Jan. 15, 1974, unless otherwise noted.



                            Subpart A_General



Sec.  1954.1  Purpose and scope.

    (a) Section 18(f) of the Williams-Steiger Occupational Safety and 
Health Act of 1970 (hereinafter referred to as the Act) provides that 
``the Secretary shall, on the basis of reports submitted by the State 
agency and his own inspections make a continuing evaluation of the 
manner in which each State having a plan approved * * * is carrying out 
such plan.''
    (b) This part 1954 applies to the provisions of section 18(f) of the 
Act relating to the evaluation of approved plans for the development and 
enforcement of State occupational safety and health standards. The 
provisions of this part 1954 set forth the policies and procedures by 
which the Assistant Secretary for Occupational Safety and Health 
(hereinafter referred to as the Assistant Secretary) under a delegation 
of authority from the Secretary of Labor (Secretary's Order 12-71, 36 FR 
8754, May 12, 1971) will continually monitor and evaluate the operation 
and administration of approved State plans.
    (c) Following approval of a State plan under section 18(c) of the 
Act, workplaces in the State are subject to a period of concurrent 
Federal and State authority. The period of concurrent enforcement 
authority must last for at least three years. Before ending Federal 
enforcement authority, the Assistant Secretary is required to make a 
determination as to whether the State plan, in actual operation, is 
meeting the criteria in section 18(c) of the Act including the 
requirements in part 1902 of this chapter and the assurances in the 
approval plan itself. After an affirmative determination has been made, 
the provisions of sections 5(a)(2), 8 (except for the purpose of 
carrying out section 18(f) of the Act), 9, 10, 13, and 17 of the Act 
shall not apply with respect to any occupational safety or health issues 
covered under the plan. The Assistant Secretary may, however, retain 
jurisdiction under the above provisions in any proceeding commenced 
under section 9 or 10 of the Act before the date of the determination 
under section 18(e) of the Act.
    (d) During this period of concurrent Federal and State authority, 
the operation and administration of the plan will be continually 
evaluated under section 18(f) of the Act. This evaluation will continue 
even after an affirmative determination has been made under section 
18(e) of the Act.



Sec.  1954.2  Monitoring system.

    (a) To carry out the responsibilities for continuing evaluation of 
State plans under section 18(f) of the Act, the Assistant Secretary has 
established a State Program Performance Monitoring System. Evaluation 
under this monitoring system encompasses both the period before and 
after a determination has been made under section 18(e) of the Act. The 
monitoring system is a three phased system designed to assure not only 
that developmental

[[Page 793]]

steps are completed and that the operational plan is, in fact, at least 
as effective as the Federal program with respect to standards and 
enforcement, but also to provide a method for continuing review of the 
implementation of the plan and any modifications thereto to assure 
compliance with the provisions of the plan during the time the State 
participates in the cooperative Federal-State program.
    (b) Phase I of the system begins with the initial approval of a 
State plan and continues until the determination required by section 
18(e) of the Act is made. During Phase I, the Assistant Secretary will 
secure monitoring data to make the following key decisions:
    (1) What should be the level of Federal enforcement;
    (2) Should plan approval be continued; and
    (3) What level of technical assistance is needed by the State to 
enable it to have an effective program.
    (c) Phase II of the system relates to the determination required by 
section 18(e) of the Act. The Assistant Secretary must decide, after no 
less than three years following approval of the plan, whether or not to 
relinquish Federal authority to the State for issues covered by the 
occupational safety and health program in the State plan. Phase II will 
be a comprehensive evaluation of the total State program, drawing upon 
all information collected during Phase I.
    (d) Phase III of the system begins after an affirmative 
determination has been made under section 18(e) of the Act. The 
continuing evaluation responsibility will be exercised under Phase III, 
and will provide data concerning the total operations of a State program 
to enable the Assistant Secretary to determine whether or not the plan 
approval should be continued or withdrawn.
    (e) The State program performance monitoring system provides for, 
but is not limited to, the following major data inputs:
    (1) Quarterly and annual reports of State program activity;
    (2) Visits to State agencies;
    (3) On-the-job evaluation of State compliance officers; and
    (4) Investigation of complaints about State program administration.



Sec.  1954.3  Exercise of Federal discretionary authority.

    (a)(1) When a State plan is approved under section 18(c) of the Act, 
Federal authority for enforcement of standards continues in accordance 
with section 18(e) of the Act. That section prescribes a period of 
concurrent Federal-State enforcement authority which must last for at 
least three years, after which time the Assistant Secretary shall make a 
determination whether, based on actual operations, the State plan meets 
all the criteria set forth in section 18(c) of the Act and the 
implementing regulations in 29 CFR part 1902 and subpart A of 29 CFR 
part 1952. During this period of concurrent authority, the Assistant 
Secretary may, but shall not be required to, exercise his authority 
under sections 5(a)(2), 8, 9, 10, 13 and 17 of the Act with respect to 
standards promulgated under section 6 of the Act where the State has 
comparable standards. Accordingly, section 18(e) authorizes, but does 
not require, the Assistant Secretary to exercise his discretionary 
enforcement authority over all the issues covered by a State plan for 
the entire 18(e) period.
    (2) Existing regulations at 29 CFR part 1902 set forth factors to be 
considered in determining how Federal enforcement authority should be 
exercised. These factors include:
    (i) Whether the plan is developmental or complete;
    (ii) Results of evaluations conducted by the Assistant Secretary;
    (iii) The State's schedule for meeting Federal standards; and
    (iv) Any other relevant matters.


(29 CFR 1902.1(c)(2) and 1902.20(b)(1)(iii).
    (3) Other relevant matters requiring consideration in the decision 
as to the level of Federal enforcement include:
    (i) Coordinated utilization of Federal and State resources to 
provide effective worker protection throughout the Nation;
    (ii) Necessity for clarifying the rights and responsibilities of 
employers and employees with respect to Federal and State authority;
    (iii) Increasing responsibility for administration and enforcement 
by

[[Page 794]]

States under an approved plan for evaluation of their effectiveness; and
    (iv) The need to react promptly to any failure of the States in 
providing effective enforcement of standards.
    (b) Guidelines for determining the appropriate level of Federal 
enforcement. In light of the requirements of 29 CFR part 1902 as well as 
the factors mentioned in paragraph (a)(3) of this section, the following 
guidelines for the extent of the exercise of discretionary Federal 
authority have been determined to be reasonable and appropriate. When a 
State plan meets all of these guidelines it will be considered 
operational, and the State will conduct all enforcement activity 
including inspections in response to employee complaints, in all issues 
where the State is operational. Federal enforcement activity will be 
reduced accordingly and the emphasis will be placed on monitoring State 
activity in accordance with the provisions of this part.
    (1) Enabling legislation. A State with an approved plan must have 
enacted enabling legislation substantially in conformance with the 
requirements of section 18(c) and 29 CFR part 1902 in order to be 
considered operational. This legislation must have been reviewed and 
approved under 29 CFR part 1902. States without such legislation, or 
where State legislation as enacted requires substantial amendments to 
meet the requirements of 29 CFR part 1902, will not be considered 
operational.
    (2) Approved State standards. The State must have standards 
promulgated under State law which are identical to Federal standards; or 
have been found to be at least as effective as the comparable Federal 
standards; or have been reviewed by OSHA and found to provide overall 
protection equal to comparable Federal standards. Review of the 
effectiveness of State standards and their enforcement will be a 
continuing function of the evaluation process. Where State standards in 
an issue have not been promulgated by the State or have been promulgated 
and found not to provide overall protection equal to comparable Federal 
standards, the State will not be considered operational as to those 
issues.
    (3) Personnel. The State must have a sufficient number of qualified 
personnel who are enforcing the standards in accordance with the State's 
enabling legislation. Where a State lacks the qualified personnel to 
enforce in a particular issue; e.g., Occupational Health, the State will 
not be considered operational as to that issue even though it has 
enabling legislation and standards.
    (4) Review of enforcement actions. Provisions for review of State 
citations and penalties, including the appointment of the reviewing 
authority and the promulgation of implementing regulations, must be in 
effect.
    (c)(1) Evaluation reports. One of the factors to consider in 
determining the level of Federal enforcement is the result of 
evaluations conducted under the monitoring system described in this 
part. While completion of an initial comprehensive evaluation of State 
operations is not generally a prerequisite for a determination that a 
State is operational under paragraph (b) of this section, such 
evaluations will be used in determining the Federal enforcement 
responsibility in certain circumstances.
    (2) Where evaluations have been completed prior to the time a 
determination as to the operational status of a State plan is made, the 
results of those evaluations will be included in the determination.
    (3) Where the results of one or more evaluations conducted during 
the operation of a State plan and prior to an 18(e) determination reveal 
that actual operations as to one or more aspects of the plan fail in a 
substantial manner to be at least as effective as the Federal program, 
and the State does not adequately resolve the deficiencies in accordance 
with subpart C of part 1953, the appropriate level of Federal 
enforcement activity shall be reinstated. An example of such deficiency 
would be a finding that State standards and their enforcement in an 
issue are not at least as effective as comparable Federal standards and 
their enforcement. Federal enforcement activity may also be reinstated 
where the Assistant Secretary determines that such action is necessary 
to assure occupational safety and health protection to employees.
    (d)(1) Recognition of State procedures. In order to resolve 
potential conflicting responsibilities of employers

[[Page 795]]

and employees, Federal authority will be exercised in a manner designed 
to recognize the implementation of State procedures in accordance with 
approved plans in areas such as variances, informing employees of their 
rights and obligations, and recordkeeping and reporting requirements.
    (i) Subject to pertinent findings of effectiveness under this part, 
Federal enforcement proceedings will not be initiated where an employer 
is in compliance with a State standard which has been found to be at 
least as effective as the comparable Federal standard, or with any 
temporary or permanent variance granted to such employer with regard to 
the employment or place of employment from such State standard, or any 
order or interim order in connection therewith, or any modification or 
extension thereof: Provided such variance action was taken under the 
terms and procedures required under Sec.  1902.4(b)(2)(iv) of this 
chapter, and the employer has certified that he has not filed for such 
variance on the same set of facts with the Assistant Secretary.
    (ii) Subject to pertinent findings of effectiveness under this part, 
and approval under part 1953 of this chapter, Federal enforcement 
proceedings will not be initiated where an employer has posted the 
approved State poster in accordance with the applicable provisions of an 
approved State plan and Sec.  1902.9 of this chapter.
    (iii) Subject to pertinent findings of effectiveness under this 
part, and approval under part 1953 of this chapter, Federal enforcement 
proceedings will not be initiated where an employer is in compliance 
with the recordkeeping and reporting requirements of an approved State 
plan as provided in Sec.  1902.7 of this chapter.
    (2) [Reserved]
    (e) Discrimination complaints. State plan provisions on employee 
discrimination do not divest the Secretary of Labor of any authority 
under section 11(c) of the Act. The Federal authority to investigate 
discrimination complaints exists even after an affirmative 18(e) 
determination. (See South Carolina decision 37 FR 25932, December 6, 
1972). Employee complaints alleging discrimination under section 11(c) 
of the Act will be subject to Federal jurisdiction.
    (f)(1) Procedural agreements. A determination as to the operational 
status of a State plan shall be accompanied by an agreement with the 
State setting forth the Federal-State responsibilities as follows:
    (i) Scope of the State's operational status including the issues 
excluded from the plan, the issues where State enforcement will not be 
operational at the time of the agreement and the dates for commencement 
of operations;
    (ii) Procedures for referral, investigation and enforcement of 
employee requests for inspections;
    (iii) Procedures for reporting fatalities and catastrophes by the 
agency which has received the report to the responsible enforcing 
authority both where the State has and has not adopted the requirement 
that employers report as provided in 29 CFR 1904.8;
    (iv) Specifications as to when and by what means the operational 
guidelines of this section were met; and
    (v) Provision for resumption of Federal enforcement activity for 
failure to substantially comply with this agreement, or as a result of 
evaluation or other relevant factors.
    (2) Upon approval of these agreements, the Assistant Secretary shall 
cause to be published in the Federal Register, notice of the operational 
status of each approved State plan.
    (3) Where subsequent changes in the level of Federal enforcement are 
made, similar Federal Register notices shall be published.

[39 FR 22126, June 20, 1974, as amended at 39 FR 29182, Aug. 14, 1974; 
39 FR 39036, Nov. 5, 1974; 40 FR 25450, June 16, 1975; 67 FR 60129, 
Sept. 25, 2002; 80 FR 49908, Aug. 18, 2015]



     Subpart B_State Monitoring Reports and Visits to State Agencies



Sec.  1954.10  Reports from the States.

    (a) In addition to any other reports required by the Assistant 
Secretary under sections 18(c)(8) and 18(f) of the Act and Sec.  
1902.3(1) of this chapter, the

[[Page 796]]

State shall submit quarterly and annual reports as part of the 
evaluation and monitoring of State programs. \1\
---------------------------------------------------------------------------

    \1\ Such quarterly and annual reports forms may be obtained from the 
Office of the Assistant Regional Director in whose Region the State is 
located.
---------------------------------------------------------------------------

    (b) Each State with an approved State plan shall submit to the 
appropriate Regional Office an annual occupational safety and health 
report in the form and detail provided for in the report and the 
instructions contained therein.
    (c) Each State with an approved State plan shall submit to the 
appropriate Regional Office a quarterly occupational safety and health 
compliance and standards activity report in the form and detail provided 
for in the report and the instructions contained therein.



Sec.  1954.11  Visits to State agencies.

    As a part of the continuing monitoring and evaluation process, the 
Assistant Secretary or his representative shall conduct visits to the 
designated agency or agencies of State with approved plans at least 
every 6 months. An opportunity may also be provided for discussion and 
comments on the effectiveness of the State plan from other interested 
persons. These visits will be scheduled as needed. Periodic audits will 
be conducted to assess the progress of the overall State program in 
meeting the goal of becoming at least as effective as the Federal 
program. These audits will include case file review and follow-up 
inspections of workplaces.



     Subpart C_Complaints About State Program Administration (CASPA)



Sec.  1954.20  Complaints about State program administration.

    (a) Any interested person or representative of such person or groups 
of persons may submit a complaint concerning the operation or 
administration of any aspect of a State plan. The complaint may be 
submitted orally or in writing to the Assistant Regional Director for 
Occupational Safety and Health (hereinafter referred to as the Assistant 
Regional Director) or his representative in the Region where the State 
is located.
    (b) Any such complaint should describe the grounds for the complaint 
and specify the aspect or aspects of the administration or operation of 
the plan which is believed to be inadequate. A pattern of delays in 
processing cases, of inadequate workplace inspections, or the granting 
of variances without regard to the specifications in the State plans, 
are examples.
    (c)(1) If upon receipt of the complaint, the Assistant Regional 
Director determines that there are reasonable grounds to believe that an 
investigation should be made, he shall cause such investigation, 
including any workplace inspection, to be made as soon as practicable.
    (2) In determining whether an investigation shall be conducted and 
in determining the timing of such investigation, the Assistant Regional 
Director shall consider such factors as:
    (i) The extent to which the complaint affects any substantial number 
of persons;
    (ii) The number of complaints received on the same or similar issues 
and whether the complaints relate to safety and health conditions at a 
particular establishment;
    (iii) Whether the complainant has exhausted applicable State 
remedies; and
    (iv) The extent to which the subject matter of the complaint is 
pertinent to the effectuation of Federal policy.



Sec.  1954.21  Processing and investigating a complaint.

    (a) Upon receipt of a complaint about State program administration, 
the Assistant Regional Director will acknowledge its receipt and may 
forward a copy of the complaint to the designee under the State plan and 
to such other person as may be necessary to complete the investigation. 
The complainant's name and the names of other complainants mentioned 
therein will be deleted from the complaint and the names shall not 
appear in any record published, released or made available.
    (b) In conducting the investigation, the Assistant Regional Director 
may obtain such supporting information as is appropriate to the 
complaint.

[[Page 797]]

Sources for this additional information may include ``spot-check'' 
follow-up inspections of workplaces, review of the relevant State files, 
and discussion with members of the public, employers, employees and the 
State.
    (c) On the basis of the information obtained through the 
investigation, the Assistant Regional Director shall advise the 
complainant of the investigation findings and in general terms, any 
corrective action that may result. A copy of such notification shall be 
sent to the State and it shall be considered part of the evaluation of 
the State plan.
    (d) If the Assistant Regional Director determines that there are no 
reasonable grounds for an investigation to be made with respect to a 
complaint under this Subpart, he shall notify the complaining party in 
writing of such determination. Upon request of the complainant, or the 
State, the Assistant Regional Director, at his discretion, may hold an 
informal conference. After considering all written and oral views 
presented the Assistant Regional Director shall affirm, modify, or 
reverse his original determination and furnish the complainant with 
written notification of his decision and the reasons therefore. Where 
appropriate the State may also receive such notification.



Sec.  1954.22  Notice provided by State.

    (a)(1) In order to assure that employees, employers, and members of 
the public are informed of the procedures for complaints about State 
program administration, each State with an approved State plan shall 
adopt not later than July 1, 1974, a procedure not inconsistent with 
these regulations or the Act, for notifying employees, employers and the 
public of their right to complain to the Occupational Safety and Health 
Administration about State program administration.
    (2) Such notification may be by posting of notices in the workplace 
as part of the requirement in Sec.  1902.4(c)(2)(iv) of this chapter and 
other appropriate sources of information calculated to reach the public.
    (b) [Reserved]



PART 1955_PROCEDURES FOR WITHDRAWAL OF APPROVAL OF STATE 
PLANS--Table of Contents



                            Subpart A_General

Sec.
1955.1 Purpose and scope.
1955.2 Definitions.
1955.3 General policy.
1955.4 Effect of withdrawal of approval.
1955.5 Petitions for withdrawal of approval.

                  Subpart B_Notice of Formal Proceeding

1955.10 Publication of notice of formal proceeding.
1955.11 Contents of notice of formal proceeding.
1955.12 Administrative law judge; powers and duties.
1955.13 Disqualification.
1955.14 Ex parte communications.
1955.15 Manner of service and filing.
1955.16 Time.
1955.17 Determination of parties.
1955.18 Provision for written comments.

            Subpart C_Consent Findings and Summary Decisions

1955.20 Consent findings and orders.
1955.21 Motion for a summary decision.
1955.22 Summary decision.

             Subpart D_Preliminary Conference and Discovery

1955.30 Submission of documentary evidence.
1955.31 Preliminary conference.
1955.32 Discovery.
1955.33 Sanctions for failure to comply with orders.
1955.34 Fees of witnesses.

                     Subpart E_Hearing and Decision

1955.40 Hearings.
1955.41 Decision of the administrative law judge.
1955.42 Exceptions.
1955.43 Transmission of the record.
1955.44 Final decision.
1955.45 Effect of appeal of administrative law judge's decision.
1955.46 Finality for purposes of judicial review.
1955.47 Judicial review.

     Authority: Secs. 8 and 18, 84 Stat. 1608 (29 U.S.C. 657, 667); 
Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Source: 40 FR 23467, May 30, 1975, unless otherwise noted.

[[Page 798]]



                            Subpart A_General



Sec.  1955.1  Purpose and scope.

    (a) This part contains rules of practice and procedure for formal 
administrative proceedings on the withdrawal of initial or final 
approval of State plans in accordance with section 18(f) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 667).
    (b) These rules shall be construed to secure a prompt and just 
conclusion of the proceedings subject thereto.



Sec.  1955.2  Definitions.

    (a) As used in this part unless the context clearly requires 
otherwise:
    (1) Act means the Occupational Safety and Health Act of 1970;
    (2) Assistant Secretary means Assistant Secretary of Labor for 
Occupational Safety and Health;
    (3) Commencement of a case under section 18(f) of the Act means, for 
the purpose of determining State jurisdiction following a final decision 
withdrawing approval of a plan, the issuance of a citation.
    (4) Developmental step includes, but is not limited to, those items 
listed in the published developmental schedule, or any revisions 
thereto, for each plan. A developmental step also includes those items 
in the plan as approved under section 18(c) of the Act, as well as those 
items in the approval decision which are subject to evaluations (see 
e.g., approval of Michigan plan), which were deemed necessary to make 
the State program at least as effective as the Federal program within 
the 3 year developmental period. (See part 1953 of this chapter.)
    (5) Final approval means approval of the State plan, or any 
modification thereof under section 18(e) of the Act and subpart D of 29 
CFR part 1902.
    (6) Initial approval means approval of a State plan, or any 
modification thereof under section 18(c) of the Act and subpart C of 29 
CFR part 1902;
    (7) Party includes the State agency or agencies designated to 
administer and enforce the State plan that is the subject of withdrawal 
proceedings, the Department of Labor, Occupational Safety and Health 
Administration (hereinafter called OSHA), represented by the Office of 
the Solicitor and any person participating in the proceedings pursuant 
to Sec.  1955.17;
    (8) Person means an individual, partnership, association, 
corporation, business trust, legal representative, an organized group of 
individuals, or an agency, authority, or instrumentality of the United 
States or of a State;
    (9) Secretary means Secretary of Labor;
    (10) Separable portion of a plan for purposes of withdrawal of 
approval generally means an issue as defined in 29 CFR 1902.2(c), i.e., 
``an industrial, occupational or hazard grouping which is at least as 
comprehensive as a corresponding grouping contained in (i) one or more 
sections in subpart B or R of part 1910 of this chapter, or (ii) one or 
more of the remaining subparts of part 1910'': Provided, That wherever 
the Assistant Secretary has determined that other industrial, 
occupational or hazard groupings are administratively practicable, such 
groupings shall be considered separable portions of a plan.
    (b) [Reserved]

[40 FR 23467, May 30, 1975, as amended at 67 FR 60129, Sept. 25, 2002; 
80 FR 49908, Aug. 18, 2015]



Sec.  1955.3  General policy.

    (a) The following circumstances shall be cause for initiation of 
proceedings under this part for withdrawal of approval of a State plan, 
or any portion thereof.
    (1) Whenever the Assistant Secretary determines that under Sec.  
1902.2(b) of this chapter a State has not substantially completed the 
developmental steps of its plan at the end of three years from the date 
of commencement of operations, a withdrawal proceeding shall be 
instituted. Examples of a lack of substantial completion of 
developmental steps include but are not limited to the following:
    (i) A failure to develop the necessary regulations and 
administrative guidelines for an ``at least as effective'' enforcement 
program;
    (ii) Failure to promulgate all or a majority of the occupational 
safety and health standards in an issue covered by the plan; or
    (iii) Failure to enact the required enabling legislation.

[[Page 799]]

    (2) Whenever the Assistant Secretary determines that there is no 
longer a reasonable expectation that a State plan will meet the criteria 
of Sec.  1902.3 of this chapter involving the completion of 
developmental steps within the three year period immediately following 
commencement of operations, a withdrawal proceeding shall be instituted. 
Examples of a lack of reasonable expectation include but are not limited 
to the following:
    (i) A failure to enact enabling legislation in the first two years 
following commencement of operations where the remaining developmental 
steps are dependent on the passage of enabling legislation and cannot be 
completed within one year; or
    (ii) Repeal or substantial amendment of the enabling legislation by 
the State legislature so that the State program fails to meet the 
criteria in Sec.  1902.3 of this chapter; or
    (iii) Inability to complete the developmental steps within the 
indicated three year period.
    (3) Whenever the Assistant Secretary determines that in the 
operation or administration of a State plan, or as a result of any 
modifications to a plan, there is a failure to comply substantially with 
any provision of the plan, including assurances contained in the plan, a 
withdrawal proceeding shall be instituted in a State which has received 
final approval under section 18(e) of the Act, and may be instituted in 
a State which has received initial approval under section 18(c) of the 
Act. Examples of a lack of substantial compliance include but are not 
limited to the following:
    (i) Where a State over a period of time consistently fails to 
provide effective enforcement of standards;
    (ii) Where the rights of employees are circumscribed in such a 
manner as to diminish the effectiveness of the program;
    (iii) Where a State, without good cause, fails to continue to 
maintain its program in accordance with the appropriate changes in the 
Federal program;
    (iv) Where a State fails to comply with the required assurances on a 
sufficient number of qualified personnel and/or adequate resources for 
administration and enforcement of the program; or
    (v) Where, on the basis of actual operations, the Assistant 
Secretary determines that the criteria in section 18(c) of the Act are 
not being met, that the period of concurrent authority under section 
18(e) of the Act should not be extended, and that final approval under 
section 18(e) of the Act should not be given.
    (b) A State may, at any time both before or after a determination 
under section 18(e) of the Act, voluntarily withdraw its plan, or any 
portion thereof, by notifying the Assistant Secretary in writing setting 
forth the reasons for such withdrawal. Such notification shall be 
accompanied by a letter terminating the application for related grants 
authorized under section 23(g) of the Act in accordance with 29 CFR 
1951.25(d). Upon receipt of the State notice the Assistant Secretary 
shall cause to be published in the Federal Register a notice of 
withdrawal of approval of the State plan or portion thereof (see Montana 
notice 39 FR 2361, June 27, 1974).
    (c) Approval of a portion of a plan may be withdrawn under any of 
the paragraphs in this section when it is determined that that portion 
is reasonably separable from the remainder of the plan in a manner 
consistent with the provisions in Sec.  1902.2(c) of this chapter 
defining the scope of a State plan. As an example, such a partial 
withdrawal of approval would be considered appropriate where a State 
fails to adopt, without good cause shown, Federal standards within a 
separable issue, such as occupational health.

[40 FR 23467, May 30, 1975, as amended at 67 FR 60129, Sept. 25, 2002]



Sec.  1955.4  Effect of withdrawal of approval.

    (a) After receipt of notice of withdrawal of approval of a State 
plan, such plan, or any part thereof, shall cease to be in effect and 
the provisions of the Federal Act shall apply within that State. But the 
State, in accordance with section 18(f) of the Act, may retain 
jurisdiction in any case commenced before receipt of the notice of 
withdrawal of approval of the plan, in order to enforce standards under 
the

[[Page 800]]

plan, whenever the issues involved in the case or cases pending do not 
relate to the reasons for withdrawal of the plan.
    (b) Such notice of withdrawal of approval shall operate 
constructively as notice of termination of all related grants authorized 
under section 23(g) of the Act in accordance with 29 CFR 1951.25(c).



Sec.  1955.5  Petitions for withdrawal of approval.

    (a) At any time following the initial approval of a State plan under 
section 18(c) of the Act, any interested person may petition the 
Assistant Secretary in writing to initiate proceedings for withdrawal of 
approval of the plan under section 18(f) of the Act and this part. The 
petition shall contain a statement of the grounds for initiating a 
withdrawal proceeding, including facts to support the petition.
    (b)(1) The Assistant Secretary may request the petitioner for 
additional facts and may take such other actions as are considered 
appropriate such as:
    (i) Publishing the petition for public comment;
    (ii) Holding informal discussion on the issues raised by the 
petition with the State and other persons affected; or
    (iii) Holding an informal hearing in accordance with Sec.  1902.13 
of this chapter.
    (2) Any such petition shall be considered and acted upon within a 
reasonable time. Prompt notice shall be given of the denial in whole or 
in part of any petition and the notice shall be accompanied by a brief 
statement of the grounds for the denial. A denial of a petition does not 
preclude future action on those issues or any other issues raised 
regarding a State plan.



                  Subpart B_Notice of Formal Proceeding



Sec.  1955.10  Publication of notice of formal proceeding.

    (a) The Assistant Secretary, prior to any notice of a formal 
proceeding under this subpart, shall by letter, provide the State with 
an opportunity to show cause within 45 days why a proceeding should not 
be instituted for withdrawal of approval of a plan or any portion 
thereof. When a State fails to show cause why a formal proceeding for 
withdrawal of approval should not be instituted, the State shall be 
deemed to have waived its right to a formal proceeding under paragraph 
(b) of this section and the Assistant Secretary shall cause to be 
published in the Federal Register a notice of withdrawal of approval of 
the State plan.
    (b)(1) Whenever the Assistant Secretary, on the basis of a petition 
under Sec.  1955.5 or on his own initiative, determines that approval of 
a State plan or any portion thereof should be withdrawn, and the State 
has not waived its right under Sec.  1955.3(b) or paragraph (a) of this 
section to a formal proceeding, he shall publish a notice of proposed 
withdrawal in the Federal Register as set out in Sec.  1955.11 and cause 
such notice, in the form of a complaint, to be served on the State in 
accordance with Sec.  1955.15.
    (2) Not later than 5 days following the publication of the notice in 
the Federal Register, the State agency shall publish, or cause to be 
published, within the State reasonable notice containing a summary of 
the information in the Federal notice, as well as the location or 
locations where a copy of the full notice is available for inspection 
and public copying.
    (3) Two copies of such notice shall be served on the Assistant 
Secretary in accordance with Sec.  1955.15.
    (c) Not less than 30 days following publication of the notice in the 
Federal Register, the State shall submit a statement of those items in 
the notice which are being contested and a brief statement of the facts 
relied upon, including whether the use of witnesses is intended. This 
statement shall be served on the Assistant Secretary in accordance with 
Sec.  1955.15. When a State fails to respond to the notice of proposed 
withdrawal under paragraph (b)(1) of this section, the State shall be 
deemed to have waived its right to a formal proceeding and the Assistant 
Secretary shall cause to be published in the Federal Register a notice 
of withdrawal of approval.

[[Page 801]]



Sec.  1955.11  Contents of notice of formal proceeding.

    (a) A notice of a formal proceeding published under Sec.  1955.10 
shall include:
    (1) A statement on the nature of the proceeding and addresses for 
filing all papers;
    (2) The legal authority under which the proceeding is to be held;
    (3) A description of the issues and the grounds for the Assistant 
Secretary's proposed withdrawal of approval;
    (4) A specified period, generally not less than 30 days after 
publication of the notice in the Federal Register, for the State to 
submit a response to the statement of issues in the notice;
    (5) A provision for designation of an administrative law judge under 
5 U.S.C. 3105 to preside over the proceeding.
    (b) A copy of the notice of the proceeding stating the basis for the 
Assistant Secretary's determination that approval of the plan, or any 
portion thereof, should be withdrawn shall be referred to the 
administrative law judge.



Sec.  1955.12  Administrative law judge; powers and duties.

    (a) The administrative law judge appointed under 5 U.S.C. 3105 and 
designated by the Chief Administrative Law Judge to preside over a 
proceeding shall have all powers necessary and appropriate to conduct a 
fair, full, and impartial proceeding, including the following:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and receive relevant evidence;
    (3) To provide for discovery, including the issuance of subpoenas 
authorized by section 8(b) of the Act and 5 U.S.C. 555(d) and 556(c)(2), 
and to determine the scope and time limits of the discovery;
    (4) To regulate the course of the proceeding and the conduct of the 
parties and their counsel;
    (5) To consider and rule upon procedural requests, e.g. motions for 
extension of time;
    (6) To hold preliminary conferences for the settlement or 
simplification of issues;
    (7) To take official notice of material facts not appearing in the 
evidence in the record in accordance with Sec.  1955.40(c);
    (8) To render an initial decision;
    (9) To examine and cross-examine witnesses;
    (10) To take any other appropriate action authorized by the Act, the 
implementing regulations, or the Administrative Procedure Act, 5 U.S.C. 
554-557 (hereinafter called the APA).
    (b) On any procedural question not otherwise regulated by this part, 
the Act, or the APA, the administrative law judge shall be guided to the 
extent practicable by the pertinent provisions of the Federal Rules of 
Civil Procedure.



Sec.  1955.13  Disqualification.

    (a) If an administrative law judge deems himself disqualified to 
preside over a particular proceeding, he shall withdraw by notice on the 
record directed to the Chief Administrative Law Judge. Any party who 
deems an administrative law judge, for any reason, to be disqualified to 
preside, or to continue to preside, over a particular proceeding may 
file a motion to disqualify and remove the administrative law judge, 
provided the motion is filed prior to the time the administrative law 
judge files his decision. Such motion must be supported by affidavits 
setting forth the alleged ground for disqualification. The Chief 
Administrative Law Judge shall rule upon the motion.
    (b) Contumacious conduct at any proceeding before the administrative 
law judge shall be ground for summary exclusion from the proceeding. If 
a witness or party refuses to answer a question after being so directed, 
or refuses to obey an order to provide or permit discovery, the 
administrative law judge may make such orders with regard to the refusal 
as are just and proper, including the striking of all testimony 
previously given by such witness on related matters.



Sec.  1955.14  Ex parte communications.

    (a) Except to the extent required for the disposition of ex parte 
matters, the administrative law judge shall not consult any interested 
person or party or their representative on any fact in

[[Page 802]]

issue or on the merits of any matter before him except upon notice and 
opportunity for all parties to participate.
    (b)(1) Written or oral communications from interested persons 
outside the Department of Labor involving any substantive or procedural 
issues in a proceeding directed to the administrative law judge, the 
Secretary of Labor, the Assistant Secretary, the Associate Assistant 
Secretary for Regional Programs, the Solicitor of Labor, or the 
Associate Solicitor for Occupational Safety and Health, or their staffs 
shall be deemed ex parte communications and are not to be considered 
part of any record or the basis for any official decision, unless the 
communication is made by motion to the administrative law judge and 
served upon all the parties.
    (2) To facilitate implementation of this requirement, the above-
mentioned offices shall keep a log of such communications which shall be 
made available to the public and which may, by motion, be entered into 
the record.
    (c) No employee or agent of the Department of Labor engaged in the 
investigation or presentation of the withdrawal proceeding governed by 
this part shall participate or advise in the initial or final decision, 
except as a witness or counsel in the proceeding.



Sec.  1955.15  Manner of service and filing.

    (a) Service of any document upon any party may be made by personal 
delivery of, or by mailing a copy of the document by certified mail, to 
the last known address of the party or his representative. The person 
serving the document shall certify to the manner and date of service.
    (b) In addition to serving a copy of any documents upon the parties, 
the original and two copies of each document shall be filed with the 
administrative law judge. With respect to exhibits and transcripts, only 
originals or certified copies need be filed.



Sec.  1955.16  Time.

    Computation of any period of time under these rules shall begin with 
the first business day following that on which the act, event or 
development initiating such period of time shall have occurred. When the 
last day of the period so computed is a Saturday, Sunday, or national 
holiday, or other day on which the Department of Labor is closed, the 
period shall run until the end of the next following business day. When 
such period of time is 7 days or less, each of the Saturdays, Sundays, 
and such holidays shall be excluded from the computation.



Sec.  1955.17  Determination of parties.

    (a) The designated State agency or agencies and the Department of 
Labor, OSHA, shall be the initial parties to the proceedings. Other 
interested persons may, at the discretion of the administrative law 
judge, be granted the right to participate as parties if he determines 
that the final decision could substantially affect them or the class 
they represent or that they may contribute materially to the disposition 
of the proceedings.
    (b)(1) Any person wishing to participate in any proceeding as a 
party under paragraph (a) of this section shall submit a petition to the 
administrative law judge within 30 days after the notice of such 
proceeding has been published in the Federal Register. The petition 
shall also be served upon the other parties. Such petition shall 
concisely state:
    (i) Petitioner's interest in the proceeding;
    (ii) How his participation as a party will contribute materially to 
the disposition of the proceeding;
    (iii) Who will appear for petitioner;
    (iv) The issue or issues as set out in the notice published under 
Sec.  1955.10 of this part on which petitioner wishes to participate; 
and
    (v) Whether petitioner intends to present witnesses.
    (2) The administrative law judge shall, within 5 days of receipt of 
the petition, ascertain what objections, if any, there are to the 
petition. He shall then determine whether the petitioner is qualified in 
his judgment to be a party in the proceedings and shall permit or deny 
participation accordingly. The administrative law judge shall give each 
petitioner written notice of the decision on his petition promptly. If 
the petition is denied, the notice shall briefly state the grounds for 
denial. Persons whose petition for party

[[Page 803]]

participation is denied may appeal the decision to the Secretary within 
5 days of receipt of the notice of denial. The Secretary will make the 
final decision to grant or deny the petition no later than 20 days 
following receipt of the appeal.
    (3) Where the petitions to participate as parties are made by 
individuals or groups with common interests, the administrative law 
judge may require all such petitioners to designate a single 
representative, or he may recognize one or more of such petitioners to 
represent all such petitioners.



Sec.  1955.18  Provision for written comments.

    Any person who is not a party may submit a written statement of 
position with 4 copies to either the Assistant Secretary or the State at 
any time during the proceeding which statement shall be made available 
to all parties and may be introduced into evidence by a party. Mere 
statements of approval or opposition to the plan without any documentary 
support shall not be considered as falling within this provision.



            Subpart C_Consent Findings and Summary Decisions



Sec.  1955.20  Consent findings and orders.

    (a)(1) At any time during the proceeding a reasonable opportunity 
may be afforded to permit negotiation by the parties of an agreement 
containing consent findings and a rule or order disposing of the whole 
or any part of the proceeding. The allowance of such opportunity and the 
duration thereof shall be in the discretion of the administrative law 
judge, after consideration of the requirements of section 18 of the Act, 
the nature of the proceeding, the requirements of the public interest, 
the representations of the parties, and the probability of an agreement 
which will result in a just disposition of the issues.
    (2) Any agreement containing consent findings and a rule or order 
disposing of a proceeding shall also provide:
    (i) That the rule or order shall have the same force and effect as 
if made after a full hearing;
    (ii) A waiver of any further procedural steps before the 
administrative law judge and the Secretary; and
    (iii) A waiver of any right to challenge or contest the validity of 
the findings and of the rule or order made in accordance with the 
agreement.
    (b)(1) On or before the expiration of the time granted for 
negotiations, the parties or their counsel may:
    (i) Submit the proposed agreement to the administrative law judge 
for his consideration; or
    (ii) Inform the administrative law judge that agreement cannot be 
reached.
    (2) In the event an agreement containing consent findings and a rule 
or order is submitted within the time allowed therefor, the 
administrative law judge may accept such agreement by issuing his 
decision based upon the agreed findings. Such decision shall be 
published in the Federal Register.



Sec.  1955.21  Motion for a summary decision.

    (a)(1) Any party may move, with or without supporting affidavits, 
for a summary decision on all or any part of the proceeding. Any other 
party may, within 10 days after service of the motion, serve opposing 
affidavits or file a cross motion for summary decision. The 
administrative law judge may, in his discretion, set the matter for 
argument and call for submission of briefs. The filing of any documents 
under this section shall be with the administrative law judge and copies 
of any such document shall be served on all the parties.
    (2) The administrative law judge may grant such motion if the 
pleadings, affidavits, material obtained by discovery or otherwise 
obtained, or matters officially noticed, show that there is no genuine 
issue as to any material fact and that a party is entitled to summary 
decision. Affidavits shall set forth such facts as would be admissible 
in evidence in the hearing and shall show affirmatively that the affiant 
is competent to testify to the matters stated therein. When a motion for 
summary decision is made and supported as provided in paragraph (a)(1) 
of this section, the party opposing the motion may not rest upon the 
mere allegations

[[Page 804]]

or denials of his pleading; his response must set forth specific facts 
showing that there is a genuine issue of fact for the hearing.
    (3) Should it appear from the affidavits of a party opposing the 
motion that he cannot, for reasons stated, present by affidavit facts 
essential to justify his opposition, the administrative law judge may 
refuse the application for summary decision or may order a continuance 
to permit affidavits to be obtained, or depositions to be taken, or 
discovery to be had, or may make such other order as is just.
    (b)(1) The denial of all or any part of a motion or cross motion for 
summary decision by the administrative law judge shall not be subject to 
interlocutory appeal to the Secretary unless the administrative law 
judge certifies in writing:
    (i) That the ruling involves an important question of law or policy 
as to which there is substantial ground for difference of opinion; and
    (ii) That an immediate appeal from the ruling may materially advance 
the ultimate termination of the proceeding.
    (2) The allowance of such an interlocutory appeal shall not stay the 
proceeding before the administrative law judge unless the Secretary so 
orders.



Sec.  1955.22  Summary decision.

    (a)(1) Where no genuine issue of material fact is found to have been 
raised, the administrative law judge shall issue an initial decision to 
become final 30 days after service thereof upon each party unless, 
within those 30 days, any party has filed written exceptions to the 
decision with the Secretary. Requests for extension of time to file 
exceptions may be granted if the requests are received by the Secretary 
no later than 25 days after service of the decision.
    (2) If any timely exceptions are filed, the Secretary may set a time 
for filing any response to the exceptions with supporting reasons. All 
exceptions and responses thereto shall be served on all the parties.
    (b)(1) The Secretary, after consideration of the decision, the 
exceptions, and any supporting briefs filed therewith and any responses 
to the exceptions with supporting reasons, shall issue a final decision.
    (2) An initial decision and a final decision under this section 
shall include a statement of:
    (i) Findings of fact and conclusions of law and the reasons and 
bases therefor on all issues presented;
    (ii) Reference to any material fact based on official notice; and
    (iii) The terms and conditions of the rule or order made.


The final decision shall be published in the Federal Register and served 
on all the parties.
    (c) Where a genuine material question of fact is raised, the 
administrative law judge shall, and in any other case may, set the case 
for an evidentiary hearing. A notice of such hearing shall be published 
in the Federal Register at least 30 days prior to the hearing date.



             Subpart D_Preliminary Conference and Discovery



Sec.  1955.30  Submission of documentary evidence.

    (a) Where there has been no consent finding or summary decision 
under subpart C of this part and a formal hearing is necessary, the 
administrative law judge shall set a date by which all documentary 
evidence, which is to be offered during the hearing, shall be submitted 
to the administrative law judge and served on the other parties. Such 
submission date shall be sufficiently in advance of the hearing as to 
permit study and preparation for cross-examination and rebuttal 
evidence. Documentary evidence not submitted in advance may be received 
into evidence upon a clear showing that the offering party had good 
cause for failure to produce the evidence sooner.
    (b) The authenticity of all documents submitted in advance shall be 
deemed admitted unless written objections are filed prior to the 
hearing, except that a party will be permitted to challenge such 
authenticity at a later date upon clear showing of good cause for 
failure to have filed such written objections.

[[Page 805]]



Sec.  1955.31  Preliminary conference.

    (a) Upon his own motion, or the motion of a party, the 
administrative law judge may direct the parties to meet with him for a 
conference or conferences to consider:
    (1) Simplification of the issues;
    (2) The necessity or desirability of amendments to documents for 
purposes of clarification, simplification, or limitation;
    (3) Stipulations of fact, and of the authenticity, of the contents 
of documents;
    (4) Limitations on the number of parties and of witnesses;
    (5) Scope of participation of petitioners under Sec.  1955.17 of 
this part;
    (6) Establishment of dates for discovery; and
    (7) Such other matters as may tend to expedite the disposition of 
the proceedings, and to assure a just conclusion thereof.
    (b) The administrative law judge shall enter an order which recites 
the action taken at the conference, the amendments allowed to any 
documents which have been filed, and the agreements made between the 
parties as to any of the matters considered. Such order shall limit the 
issues for hearing to those not disposed of by admissions or agreements, 
and control the subsequent course of the hearing, unless modified at the 
hearing to prevent manifest injustice.



Sec.  1955.32  Discovery.

    (a)(1) At any time after the commencement of a proceeding under this 
part, but generally before the preliminary conference, if any, a party 
may request of any other party admissions that relate to statements or 
opinions of fact, or of the application of law to fact, including the 
genuineness of any document described in the request. Copies of 
documents shall be served with the request unless they have been or are 
otherwise furnished or made available for inspection or copying. The 
matter shall be deemed admitted unless within 30 days after service of 
the request, or within such shorter or longer time as the administrative 
law judge may prescribe, the party to whom the request is directed 
serves upon the party requesting the admission a specific written 
response.
    (2) If objection is made, the reasons therefor shall be stated. The 
answer shall specifically deny the matter or set forth in detail the 
reasons why the answering party cannot truthfully admit or deny the 
matter. A denial shall fairly meet the substance of the requested 
admission and when good faith requires that a party qualify his answer 
or deny only a part of the matter on which an admission is requested, he 
shall specify so much of it as is true and qualify or deny the 
remainder. An answering party may not give lack of information or 
knowledge as the reason for failure to admit or deny unless he states 
that he has made reasonable inquiry and that the information known or 
readily obtainable by him is insufficient to enable him to admit or 
deny.
    (3) The party who has requested the admission may move to determine 
the sufficiency of the answers or objections. Unless the administrative 
law judge determines that an objection is justified, he may order either 
that the matter is admitted or that an amended answer be served. The 
administrative law judge may, in lieu of these orders, determine that 
final disposition of the requests be made at a preliminary conference, 
or at a designated time prior to the hearing. Any matter admitted under 
this section is conclusively established unless the administrative law 
judge on motion permits withdrawal or amendment of the admission. Copies 
of all requests and responses shall be served on all parties and filed 
with the administrative law judge.
    (b)(1) The testimony of any witness may be taken by deposition. 
Depositions may be taken orally or upon written interrogatories before 
any person designated by the administrative law judge or having power to 
administer oaths.
    (2) Any party desiring to take the deposition of a witness may make 
application in writing to the administrative law judge setting forth:
    (i) The time when, the place where, and the name and post office 
address of the person before whom the deposition is to be taken;

[[Page 806]]

    (ii) The name and address of each witness; and
    (iii) The subject matter concerning which each witness is expected 
to testify.
    (3) Such notice as the administrative law judge may order shall be 
given by the party taking the deposition to every other party.
    (c)(1) Each witness testifying upon deposition shall be sworn, and 
the parties not calling him shall have the right to cross-examine him. 
The questions propounded and the answers thereto, together with all 
objections made, shall be reduced to writing and shall be read to or by 
the witness unless such examination and reading are waived by the 
witness and the parties. Any changes in form or substance which the 
witness desires to make shall be entered upon the deposition by the 
officer with a statement of the reasons given by the witness for making 
them. The deposition shall then be signed by the witness and certified 
by the officer before whom the deposition was taken. Thereafter, the 
officer shall seal the deposition, with copies thereof, in an envelope 
and mail the same by registered or certified mail to the administrative 
law judge.
    (2) Subject to such objections to the questions and answers as were 
noted at the time of taking the deposition, and to the provisions in 
Sec.  1955.40(b)(1), any part or all of a deposition may be offered into 
evidence by the party taking it as against any party who was present, 
represented at the taking of the deposition, or who had due notice 
thereof.
    (d) Whenever appropriate to a just disposition of any issue in the 
proceeding the administrative law judge may allow discovery by any other 
appropriate procedure, such as by interrogatories upon a party or 
request for production of documents by a party.
    (e) Upon motion by a party or by the person from whom discovery is 
sought, and for good cause shown, the administrative law judge may make 
any order which justice requires to limit or condition discovery in 
order to protect a party or person from annoyance, embarrassment, 
oppression, or undue burden or expense.



Sec.  1955.33  Sanctions for failure to comply with orders.

    (a) If a party or an official or agent of a party fails, without 
good cause, to comply with an order including, but not limited to, an 
order for the taking of a deposition, written interrogatories, the 
production of documents, or an order to comply with a subpoena, the 
administrative law judge or the Secretary or both, for the purpose of 
permitting resolution of relevant issues and disposition of the 
proceeding without unnecessary delay despite such failure, may take such 
action as is just, including but not limited to the following:
    (1) Infer that the admission, testimony, documents, or other 
evidence would have been adverse to the party;
    (2) Rule that for the purposes of the proceeding, the matter or 
matters concerning which the order or subpoena was issued be taken as 
established adversely to the party;
    (3) Rule that the party may not introduce into evidence or otherwise 
rely, in support of any claim or defense, upon testimony by such party, 
officer or agent, or the documents or other evidence;
    (4) Rule that the party may not be heard to object to introduction 
and use of secondary evidence to show what the withheld admission, 
testimony, documents, or other evidence would have shown;
    (5) Rule that a pleading, or part of a pleading, on a motion or 
other submission by the party, concerning which the order or subpoena 
was issued, be stricken or that decision on the pleading be rendered 
against the party, or both.
    (b) Any such action may be taken by written or oral order issued in 
the course of the proceeding or by inclusion in the initial decision of 
the administrative law judge or an order or opinion of the Secretary. 
The parties may seek, and the administrative law judge may grant, such 
of the foregoing means of relief or other appropriate relief as may be 
sufficient to compensate for the lack of withheld testimony, documents, 
or other evidence.

[[Page 807]]



Sec.  1955.34  Fees of witnesses.

    Witnesses, including witnesses for depositions, shall be paid the 
same fees and mileage that are paid witnesses in the courts of the 
United States. Fees shall be paid by the party at whose instance the 
witness appears, and the person taking a deposition shall be paid by the 
party at whose instance the deposition is taken.



                     Subpart E_Hearing and Decision



Sec.  1955.40  Hearings.

    (a)(1) Except as may be ordered otherwise by the administrative law 
judge, the Department of Labor shall proceed first at the hearing.
    (2) The Department of Labor shall have the burden of proof to 
sustain the contentions alleged in the notice of proposed withdrawal, 
published under Sec.  1955.10(b)(1) but the proponent of any factual 
proposition shall be required to sustain the burden of proof with 
respect thereto.
    (b)(1) A party shall be entitled to present his case or defense by 
oral or documentary evidence, to submit rebuttal evidence, and to 
conduct such cross-examination as may be required for a full and true 
disclosure of the facts. Any oral or documentary evidence may be 
received, but the administrative law judge shall exclude evidence which 
is irrelevant, immaterial, or unduly repetitious.
    (2) The testimony of a witness shall be upon oath or affirmation 
administered by the administrative law judge.
    (3) If a party objects to the admission or rejection of any 
evidence, or to the limitation of the scope of any examination or cross-
examination, or to the failure to limit such scope, he shall state 
briefly the grounds for such objection. Rulings on all objections shall 
appear in the record. Only objections made before the administrative law 
judge may be relied upon subsequently in the proceeding.
    (4) Formal exception to an adverse ruling is not required.
    (c) Official notice may be taken of any material fact not appearing 
in evidence in the record, which is among the traditional matters of 
judicial notice, or concerning which the Department of Labor by reason 
of its functions is presumed to be expert: Provided, that the parties 
shall be given adequate notice, at the hearing or by reference in the 
administrative law judge's and the Secretary's decision of the matters 
so noticed and shall be given adequate opportunity to show the contrary.
    (d) When an objection to a question propounded to a witness is 
sustained, the examining party may make a specific offer of proof of 
what the party expects to prove by the answer of the witness orally or 
in writing. Written offers of proof, adequately marked for 
identification, shall be retained in the record so as to be available 
for consideration by any reviewing authority.
    (e) Hearings shall be stenographically reported. Copies of the 
transcript may be obtained by the parties and the public upon payment of 
the actual cost of duplication to the Department of Labor in accordance 
with 29 CFR 70.62(c).
    (f) Corrections of the official transcript may be made only when 
they involve errors affecting substance and then only in the manner 
herein provided. Corrections may be ordered by the administrative law 
judge or agreed to in a written stipulation by all parties or their 
representatives. Where the parties are in disagreement, the 
administrative law judge shall determine the corrections to be made and 
so order. Corrections may be interlineated in the official transcript so 
as not to obliterate the original text.



Sec.  1955.41  Decision of the administrative law judge.

    (a) Within 30 days after receipt of notice that the transcript of 
the testimony has been filed with the administrative law judge, or such 
additional time as the administrative law judge may allow, each party 
may file with the administrative law judge proposed findings of fact, 
conclusions of law, and rules or orders, together with a supporting 
brief expressing the reasons for such proposals. Such proposals and 
brief shall be served on all other parties and shall refer to all 
portions of the record and to all authorities relied upon in support of 
each proposal.

[[Page 808]]

    (b)(1) Within a reasonable time after the time allowed for the 
filing of proposed findings of fact, conclusions of law, and rules or 
orders, the administrative law judge shall make and serve upon each 
party his initial decision which shall become final upon the 30th day 
after service thereof unless exceptions are filed thereto.
    (2) The decision of the administrative law judge shall be based 
solely upon substantial evidence on the record as a whole and shall 
state all facts officially noticed and relied upon. The decision of the 
administrative law judge shall include:
    (i) A statement of the findings of fact and conclusions of law, with 
reasons and bases therefor upon each material issue of fact, law, or 
discretion presented on the record;
    (ii) Reference to any material fact based on official notice; and
    (iii) The appropriate rule, order, relief, or denial thereof.



Sec.  1955.42  Exceptions.

    (a) Within 30 days after service of the decision of the 
administrative law judge, any party may file with the Secretary written 
exceptions thereto with supporting reasons. Such exceptions shall refer 
to the specific findings of fact, conclusions of law, or terms of the 
rule or order excepted to; and shall suggest corrected findings of fact, 
conclusions of law, or terms of the rule or order referencing the 
specific pages of the transcript relevant to the suggestions. Requests 
for extension of time to file exceptions may be granted if the requests 
are received by the Secretary no later than 25 days after service of the 
decision.
    (b) If any timely exceptions are filed, the Secretary may set a time 
for filing any response to the exceptions with supporting reasons. All 
exceptions and responses thereto shall be served on all the parties.



Sec.  1955.43  Transmission of the record.

    If exceptions are filed, the Secretary shall request the 
administrative law judge to transmit the record of the proceeding to the 
Secretary for review. The record shall include the State plan; a copy of 
the Assistant Secretary's notice of proposed withdrawal; the State's 
statement of items in contention; the notice of the hearing if any; any 
motions and requests filed in written form and rulings thereon; the 
transcript of the testimony taken at the hearing, together with any 
documents or papers filed in connection with the preliminary conference 
and the hearing itself; such proposed findings of fact, conclusions of 
law, rules or orders, and supporting reasons as may have been filed; the 
administrative law judge's decision; and such exceptions, responses, and 
briefs in support thereof as may have been filed in the proceedings.



Sec.  1955.44  Final decision.

    (a) After review of any exceptions, together with the record 
references and authorities cited in support thereof, the Secretary shall 
issue a final decision ruling upon each exception and objection filed. 
The final decision may affirm, modify, or set aside in whole or in part 
the findings, conclusions, and the rule or order contained in the 
decision of the administrative law judge. The final decision shall also 
include reference to any material fact based on official notice.
    (b) The Secretary's final decision shall be served upon all the 
parties and shall become final upon the 30th day after service thereof 
unless the Secretary grants a stay pending judicial review.



Sec.  1955.45  Effect of appeal of administrative law judge's decision.

    An administrative law judge's decision shall be stayed pending a 
decision on appeal to the Secretary. If there are no exceptions filed to 
the decisions of the administrative law judge, the administrative law 
judge's decision shall be published in the Federal Register as a final 
decision and served upon the parties.



Sec.  1955.46  Finality for purposes of judicial review.

    Only a final decision by the Secretary under Sec.  1955.44 shall be 
deemed final agency action for purposes of judicial review. A decision 
of an administrative law judge which becomes final for lack of appeal is 
not deemed final

[[Page 809]]

agency action for purposes of 5 U.S.C. 704.



Sec.  1955.47  Judicial review.

    The State may obtain judicial review of a decision by the Secretary 
in accordance with section 18(g) of the Act.



PART 1956_STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE 
STANDARDS APPLICABLE TO STATE AND LOCAL GOVERNMENT EMPLOYEES IN STATES 
WITHOUT APPROVED PRIVATE EMPLOYEE PLANS--Table of Contents



                            Subpart A_General

Sec.
1956.1 Purpose and scope.
1956.2 General policies.

                           Subpart B_Criteria

1956.10 Specific criteria.
1956.11 Indices of effectiveness.

   Subpart C_Approval, Change, Evaluation and Withdrawal of Approval 
                               Procedures

1956.20 Procedures for submission, approval and rejection.
1956.21 Procedures for submitting changes.
1956.22 Procedures for evaluation and monitoring.
1956.23 Procedures for certification of completion of development and 
          determination on application of criteria.
1956.24 Procedures for withdrawal of approval.

Subpart D--General Provisions and Conditions [Reserved]

    Authority: Section 18 (29 U.S.C. 667), 29 CFR parts 1902 and 1955, 
and Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Source: 41 FR 12429, Mar. 4, 1977, unless otherwise noted.



                            Subpart A_General



Sec.  1956.1  Purpose and scope.

    (a) This part sets forth procedures and requirements for approval, 
continued evaluation, and operation of State plans submitted under 
section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
667) (hereinafter called the Act) for the development and enforcement of 
State standards applicable to State and local government employees in 
States without approved private employee plans. Although section 2(b) of 
the Act sets forth the policy of assuring every working man and woman 
safe and healthful working conditions, State and local government 
agencies are excluded from the definition of ``employer'' in section 
3(5). Only under section 18 of the Act are such public employees ensured 
protection under the provisions of an approved State plan. Where no such 
plan is in effect with regard to private employees, State and local 
government employees have not heretofore been assured any protections 
under the Act. Section 18(b), however, permits States to submit plans 
with respect to any occupational safety and health issue with respect to 
which a Federal standard has been promulgated under section 6 of the 
Act. Under Sec.  1902.2(c) of this chapter, an issue is defined as ``any 
* * * industrial, occupational, or hazard grouping that is found to be 
administratively practicable and * * * not in conflict with the purposes 
of the Act.'' Since Federal standards are in effect with regard to 
hazards found in public employment, a State plan covering this 
occupational category meets the definition of section 18 and the 
regulations. It is the purpose of this part to assure the availability 
of the protections of the Act to public employees, where no State plan 
covering private employees is in effect, by adapting the requirements 
and procedures applicable to State plans covering private employees to 
the situation where State coverage under section 18(b) is proposed for 
public employees only.
    (b) In adopting these requirements and procedures, consideration 
should be given to differences between public and private employment. 
For instance, a system of monetary penalties applicable to violations of 
public employers may not in all cases be necessarily the most 
appropriate method of achieving compliance. Further, the impact of the 
lack of Federal enforcement authority application to public employers 
requires certain adjustments of private employer plan procedures in 
adapting them to plans covering only public employees in a State.

[[Page 810]]



Sec.  1956.2  General policies.

    (a) Policy. The Assistant Secretary of Labor for Occupational Safety 
and Health (hereinafter referred to as the Assistant Secretary) will 
approve a State plan which provides an occupational safety and health 
program for the protection of State and local government employees 
(hereinafter State and local government employees are referred to as 
public employees) that in his judgment meets or will meet the criteria 
set forth in Sec.  1956.10. Included among these criteria is the 
requirement that the State plan for public employees (hereinafter such a 
plan will be referred to as the plan) provides for the development and 
enforcement of standards relating to hazards in employment covered by 
the plan which are or will be at least as effective in providing safe 
and healthful employment and places of employment for public employees 
as standards promulgated and enforced under section 6 of the Act. In 
determining whether a plan satisfies the requirement of effectiveness, 
the Assistant Secretary will measure the plan against the indices of 
effectiveness, set forth in Sec.  1956.11.
    (b) Developmental plan. (1) A State plan for an occupational safety 
and health program for public employees may be approved although, upon 
submission, it does ot fully meet the criteria set forth in Sec.  
1956.10, if it includes satisfactory assurances by the State that it 
will take the necessary steps to bring the program into conformity with 
these criteria within the 3-year period immediately following the 
commencement of the plan's operation. In such a case, the plan shall 
include the specific actions the State proposes to take, and a time 
schedule for their accomplishment which is not to exceed 3 years, at the 
end of which the plan will meet the criteria in Sec.  1956.10. A 
developmental plan shall include the dates within which intermediate and 
final action will be accomplished. Although administrative actions, such 
as stages for application of standards and enforcement, related 
staffing, development of regulations may be developmental, to be 
considered for approval, a State plan for public employees must contain 
at time of plan approval basic State legislative and/or executive 
authority under which these actions will be taken. If necessary program 
changes require further implementing executive action by the Governor or 
supplementary legislative action by the State, a copy of the appropriate 
order, or the bill or a draft of legislation that will be or has been 
proposed for enactment shall be submitted, accompanied by:
    (i) A statement of the Governor's support of the legislation or 
order and
    (ii) A statement of legal opinion that the proposed legislation or 
executive action will meet the requirements of the Act and this part in 
a manner consistent with the State's constitution and laws.
    (2) On the basis of the State's submission, the Assistant Secretary 
will approve the plan if he finds that there is a reasonable expectation 
that the plan for public employees will meet the criteria in Sec.  
1956.10 within the indicated 3 year period. In such a case, the 
Assistant Secretary shall not make a determination that a State is fully 
applying the criteria in Sec.  1956.10 until the State has completed all 
the developmental steps specified in the plan which are designed to make 
it at least as effective as the Federal program for the private sector, 
and the Assistant Secretary has had at least 1 year to evaluate the plan 
on the basis of actual operations following the completion of all 
developmental steps. If at the end of 3 years from the date of 
commencement of the plan's operation, the State is found by the 
Assistant Secretary, after affording the State notice and an opportunity 
for a hearing, not to have substantially completed the developmental 
steps of the plan, he shall withdraw the approval of the plan.
    (3) Where a State plan approved under part 1902 of this chapter is 
discontinued, except for its public employee component, or becomes 
approved after approval of a plan under this part, the developmental 
period applicable to the public employee component of the earlier plan 
will be controlling with regard to any such public employee coverage. 
For good cause, a State may demonstrate that an additional period of 
time is required to make adjustments on account of the

[[Page 811]]

transfer from one type of plan to another.
    (c) Scope of a State plan for public employees. (1) A State plan for 
public employees must provide for the coverage of both State and local 
government employees to the full extent permitted by the State laws and 
constitution. The qualification ``to the extent permitted by its law'' 
means only that where a State may not constitutionally regulate 
occupational safety and health conditions in certain political 
subdivisions, the plan may exclude such political subdivision employees 
from coverage.
    (2) The State shall not exclude any occupational, industrial, or 
hazard grouping from coverage under its plan unless the Assistant 
Secretary finds that the State has shown there is no necessity for such 
coverage.



                           Subpart B_Criteria



Sec.  1956.10  Specific criteria.

    (a) General. A State plan for public employees must meet the 
specific criteria set forth in this section.
    (b) Designation of State agency. (1) The plan shall designate a 
State agency or agencies which will be responsible for administering the 
plan throughout the State.
    (2) The plan shall also describe the authority and responsibilities 
vested in such agency or agencies. The plan shall contain assurances 
that any other responsibilities of the designated agency shall not 
detract significantly from the resources and priorities assigned to the 
administration of the plan.
    (3) A State agency or agencies must be designated with overall 
responsibility for administering the plan throughout the State. Subject 
to this overall responsibility, enforcement of standards may be 
delegated to an appropriate agency having occupational safety and health 
responsibilities or expertise throughout the State. Included in this 
overall responsibility are the requirements that the designated agency 
have, or assure the provision of necessary qualified personnel, legal 
authority necessary for the enforcement of the standards and make 
reports as required by the Assistant Secretary.
    (c) Standards. The State plan for public employees shall include, or 
provide for the development or adoption of, standards which are or will 
be at least as effective as those promulgated under section 6 of the 
Act. The plan shall also contain assurances that the State will continue 
to develop or adopt such standards. Indices of the effectiveness of 
standards and procedures for the development or adoption of standards 
against which the Assistant Secretary will measure the plan in 
determining whether it is approvable are set forth in Sec.  1956.11(b).
    (d) Enforcement. (1) The State plan for public employees shall 
provide a program for the enforcement of the State standards which is, 
or will be, at least as effective in assuring safe and healthful 
employment and places of employment as the standards promulgated by 
section 6 of the Act; and provide assurances that the State's 
enforcement program for public employees will continue to be at least as 
effective in this regard as the Federal program in the private sector. 
Indices of the effectiveness of a State's enforcement plan against which 
the Assistant Secretary will measure the plan in determining whether it 
is approvable are set forth in Sec.  1956.11(c).
    (2) The plan shall require State and local government agencies to 
comply with all applicable State occupational safety and health 
standards included in the plan and all applicable rules issued 
thereunder, and employees to comply with all standards, rules, and 
orders applicable to their conduct.
    (e) Right of entry and inspection. The plan shall contain adequate 
assurances that inspectors will have a right to enter covered workplaces 
which is at least as effective as that provided in section 8 of the Act 
for the purpose of inspection or monitoring. Where such entry is 
refused, the State agency or agencies shall have the authority through 
appropriate legal process to compel such entry.
    (f) Prohibition against advance notice. The State plan shall contain 
a prohibition against advance notice of inspections. Any exceptions must 
be expressly authorized by the head of the designated agency or agencies 
or his representative and such exceptions

[[Page 812]]

may be no broader than those authorized under the Act and the rules 
published in part 1903 of this chapter relating to advance notice.
    (g) Personnel. The plan shall provide assurances that the designated 
agency or agencies and all government agencies to which authority has 
been delegated, have, or will have, a sufficient number of adequately 
trained and qualified personnel necessary for the enforcement of 
standards. For this purpose, qualified personnel means persons employed 
on a merit basis, including all persons engaged in the development of 
standards and the administration of the plan. Subject to the results of 
evaluations, conformity with the Standards for a Merit System of 
Personnel Administration, 45 CFR part 70, issued by the Secretary of 
Labor, including any amendments thereto, and any standards prescribed by 
the U.S. Civil Service Commission, pursuant to section 208 of the 
Intergovernmental Personnel Act of 1970, modifying or superseding such 
standards, and guidelines on ``at least as effective as'' staffing 
derived from the Federal private employee program will be deemed to meet 
this requirement.
    (h) Resources. The plan shall contain satisfactory assurances 
through the use of budget, organizational description, and any other 
appropriate means, that the State will devote adequate funds to the 
administration and enforcement of the public employee program. The 
Assistant Secretary will make the periodic evaluations of the adequacy 
of the resources the State has devoted to the plan.
    (i) Employer records and reports. The plan shall provide assurances 
that public employers covered by the plan will maintain records and make 
reports on occupational injuries and illnesses in a manner similar to 
that required of private employers under the Act.
    (j) State agency reports to the Assistant Secretary. The plan shall 
provide assurances that the designated agency or agencies shall make 
such reasonable reports to the Assistant Secretary in such form and 
containing such information as he may from time to time require. The 
agency or agencies shall establish specific goals consistent with the 
goals of the Act, including measures of performance, output, and results 
which will determine the efficiency and effectiveness of the State 
program for public employees, and shall make periodic reports to the 
Assistant Secretary on the extent to which the State, in implementation 
of its plan, has attained these goals. Reports will also include data 
and information on the implementation of the specific inspection and 
voluntary compliance activities included within the plan. Further, these 
reports shall contain such statistical information pertaining to work-
related deaths, injuries and illnesses in employments and places of 
employment covered by the plan as the Assistant Secretary may from time 
to time require.



Sec.  1956.11  Indices of effectiveness.

    (a) General. In order to satisfy the requirements of effectiveness 
under Sec.  1956.10 (c)(1) and (d)(1), the State plan for public 
employees shall:
    (1) Establish the same standards, procedures, criteria, and rules as 
have been established by the Assistant Secretary under the act; or
    (2) Establish alternative standards, procedures, criteria, and rules 
which will be measured against each of the indices of effectiveness in 
paragraphs (b) and (c) of this section to determine whether the 
alternatives are at least as effective as the Federal program for 
private employees, where applicable, with respect to the subject of each 
index. For each index the State must demonstrate by the presentation of 
factual or other appropriate information that its plan for public 
employees will, to the extent practicable, be at least as effective as 
the Federal program for private employees.
    (b) Standards. (1) The indices for measurement of a State plan for 
public employees with regard to standards follow in paragraph (b)(2) of 
this section. The Assistant Secretary will determine whether the State 
plan for public employees satisfies the requirements of effectiveness 
with regard to each index as provided in paragraph (a) of this section.
    (2) The Assistant Secretary will determine whether the State plan 
for public employees:

[[Page 813]]

    (i) Provides for State standards which are or will be at least as 
effective as the standards promulgated under section 6 of the Act. In 
the case of any State standards dealing with toxic materials or harmful 
physical agents, they should adequately assure, to the extent feasible, 
that no employee will suffer material impairment of health or functional 
capacity, even if such employee has regular exposure to the hazard dealt 
with by such standard for the period of his working life, by such means 
as, in the development and promulgation of standards, obtaining the best 
available evidence through research, demonstration, experiments, and 
experience under this and any other safety and health laws.
    (ii) Provides an adequate method to assure that its standards will 
continue to be at least as effective as Federal standards, including 
Federal standards which become effective subsequent to any approval of 
the plan.
    (iii) Provides a procedure for the development and promulgation of 
standards which allows for the consideration of pertinent factual 
information and affords interested persons, including employees, 
employers and the public, an opportunity to participate in such 
processes, by such means as establishing procedures for consideration of 
expert technical knowledge, and providing interested persons, including 
employers, employees, recognized standards-producing organizations, and 
the public, an opportunity to submit information requesting the 
development or promulgation of new standards or the modification or 
revocation of existing standards and to participate in any hearings. 
This index may also be satisfied by such means as the adoption of 
Federal standards, in which case the procedures at the Federal level 
before adoption of a standard under section 6 may be considered to meet 
the conditions of this index.
    (iv) Provides authority for the granting of variances from State 
standards upon application of a public employer or employers which 
correspond to variances authorized under the Act, and for consideration 
of the views of interested parties, by such means as giving affected 
employees notice of each application and an opportunity to request and 
participate in hearings or other appropriate proceedings relating to 
applications for variances.
    (v) Provides for prompt and effective standards setting actions for 
the protection of employees against new and unforeseen hazards, by such 
means as the authority to promulgate emergency temporary standards. Such 
authority is particularly appropriate for those situations where public 
employees are exposed to unique hazards for which existing standards do 
not provide adequate protection.
    (vi) Provides that State standards contain appropriate provision for 
the furnishing to employees of information regarding hazards in the 
workplace, including information about suitable precautions, relevant 
symptoms, and emergency treatment in case of exposure; by such means as 
labelling, posting, and, where appropriate, results of medical 
examinations, being furnished only to appropriate State officials and, 
if the employee so requests, to his physician.
    (vii) Provides that State standards where appropriate, contain 
specific provision for the protection of employees from exposure to 
hazards, by such means as containing appropriate provision for the use 
of suitable protective equipment and for control or technological 
procedures with respect to such hazards, including monitoring or 
measuring such exposure.
    (c) Enforcement. (1) The indices for measurement of a State plan for 
public employees with regard to enforcement follow in paragraph (c)(2) 
of this section. The Assistant Secretary will determine whether the plan 
satisfies the requirements of effectiveness with regard to each index as 
provided in paragraph (a) of this section.
    (2) The Assistant Secretary will determine whether the State plan 
for public employees:
    (i) Provides for inspection of covered workplaces in the State by 
the designated agency or agencies or any other agency which is duly 
delegated authority, including inspections in response to complaints 
where there are reasonable grounds to believe a hazard exists, in order 
to assure, so far as possible, safe and healthful working conditions for 
covered employees by such

[[Page 814]]

means as providing for inspections under conditions such as those 
provided in section 8 of the Act.
    (ii) Provides an opportunity for employees and their representative, 
before, during, and after inspections, to bring possible violations to 
the attention of the State or local agency with enforcement 
responsibility in order to aid inspections, by such means as affording a 
representative of the employer, and a representative authorized by 
employees, an opportunity to accompany the inspector during the physical 
inspection of the workplace, or where there is no authorized 
representative, provide for consultation by the inspector with a 
reasonable number of employees.
    (iii) Provides for notification of employees, or their 
representatives, when the State decides not to take compliance action as 
a result of violations alleged by such employees or their 
representative, and further provides for informal review of such 
decisions, by such means as written notification of decisions not to 
take compliance action and the reasons therefor, and procedures for 
informal review of such decisions and written statements of the 
disposition of such review.
    (iv) Provides that public employees be informed of their protections 
and obligations under the Act, including the provisions of applicable 
standards, by such means as the posting of notices or other appropriate 
sources of information.
    (v) Provides necessary and appropriate protection to an employee 
against discharge or discrimination in terms and conditions of 
employment because he has filed a complaint, testified, or otherwise 
acted to exercise rights under the State program for public employees 
for himself or others, by such means as providing for appropriate 
sanctions against the State or local agency for such actions, and by 
providing for the withholding, upon request, of the names of 
complainants from the employer.
    (vi) Provides that public employees have access to information on 
their exposure to toxic materials or harmful physical agents and receive 
prompt information when they have been or are being exposed to such 
materials or agents in concentrations or at levels in excess of those 
prescribed by the applicable safety and health standards, by such means 
as the observation by employees of the monitoring or measuring of such 
materials or agents, employee access to the records of such monitoring 
or measuring, prompt notification by a public employer to any employee 
who has been or is being exposed to such agents or materials in excess 
of the applicable standards, and information to such employee of 
corrective action being taken.
    (vii) Provides procedures for the prompt restraint or elimination of 
any conditions or practices in covered places of employment which could 
reasonably be expected to cause death or serious physical harm 
immediately or before the imminence of such danger can be eliminated 
through the enforcement procedures otherwise provided for in the plan, 
by such means as immediately informing employees and employers of such 
hazards, taking steps to obtain immediate abatement of the hazard by the 
employer, and, where appropriate, authority to initiate necessary legal 
proceedings to require such abatement.
    (viii) Provides that the designated agency (or agencies) and any 
agency to which it has duly delegated authority, will have the necessary 
legal authority for the enforcement of standards by such means as 
provisions for appropriate compulsory process to obtain necessary 
evidence or testimony in connection with inspection and enforcement 
proceedings.
    (ix) Provides for prompt notice to public employers and employees 
when an alleged violation of standards has occurred, including the 
proposed abatement requirements, by such means as the issuance of a 
written citation to the public employer and posting of the citation at 
or near the site of the violation; further provides for advising the 
public employer of any proposed sanctions, wherever appropriate, by such 
means as a notice to the employer by certified mail within a reasonable 
time of any proposed sanctions.
    (x) Provides effective sanctions against public employers who 
violate State standards and orders, or applicable public agency 
standards, such as

[[Page 815]]

those prescribed in the Act. In lieu of monetary penalties a complex of 
enforcement tools and rights, such as various forms of equitable 
remedies available to the designee including administrative orders; 
availability of employee rights such as right to contest citations, and 
provisions for strengthened employee participation in enforcement may be 
demonstrated to be as effective as monetary penalties in achieving 
complianace in public employment. In evaluating the effectiveness of an 
alternate system for compelling compliance, elements of the enforcement 
educational program such as a system of agency self inspection 
procedures, and in-house training programs, and employee complaint 
procedures may be taken into consideration.
    (xi) Provides for an employer to have the right of review of 
violations alleged by the State or any agency to which it has duly 
delegated authority, abatement periods and proposed penalties, where 
appropriate, for employees or their representatives to challenge the 
reasonableness of the period of time fixed in the citation for the 
abatement of the hazard, and for employees or their representatives to 
have an opportunity to participate in review, proceedings, by such means 
as providing for admininistrative review, with an opportunity for a full 
hearing on the issues.
    (xii) Provides that the State will undertake programs to encourage 
voluntary compliance by public employers and employees by such means as 
conducting training and consultation with such employers and employees, 
and encouraging agency self-inspection programs.
    (d) Additional indices. Upon his own motion, or after consideration 
of data, views, and arguments received in any proceedings held under 
subpart C of this part, the Assistant Secretary may prescribe additional 
indices for any State plan for public employees which shall be in 
furtherance of the purpose of this section.



   Subpart C_Approval, Change, Evaluation and Withdrawal of Approval 
                               Procedures



Sec.  1956.20  Procedures for submission, approval and rejection.

    The procedures contained in subpart C of part 1902 of this chapter 
shall be applicable to submission, approval, and rejection of State 
plans submitted under this part, except that the information required in 
Sec.  1902.20(b)(1)(iii) would not be included in decisions of approval.



Sec.  1956.21  Procedures for submitting changes.

    The procedures contained in part 1953 of this chapter shall be 
applicable to submission and consideration of developmental, Federal 
program, evaluation, and State-initiated change supplements to plans 
approved under this part.



Sec.  1956.22  Procedures for evaluation and monitoring.

    The procedures contained in part 1954 of this chapter shall be 
applicable to evaluation and monitoring of State plans approved under 
this part, except that the decision to relinquish Federal enforcement 
authority under section 18(e) of the Act is not relevant to Phase II and 
III monitoring under Sec.  1954.2 and the guidelines of exercise of 
Federal discretionary enforcement authority provided in Sec.  1954.3 are 
not applicable to plans approved under this part. The factors listed in 
Sec.  1902.37(b) of this chapter, except those specified in Sec.  
1902.37(b)(11) and (12), which would be adapted to the State compliance 
program, provide the basis for monitoring.



Sec.  1956.23  Procedures for certification of completion of development
and determination on application of criteria.

    The procedures contained in Sec. Sec.  1902.33 and 1902.34 of this 
chapter shall be applicable to certification of completion of 
developmental steps under plans approved in accordance with this part. 
Such certification shall initiate intensive monitoring of actual 
operations of the developed plan, which shall continue for at least a 
year after certification, at which time a determination

[[Page 816]]

shall be made under the procedures and criteria of Sec. Sec.  1902.38, 
1902.39, 1902.40 and 1902.41, that on the basis of actual operations, 
the criteria set forth in Sec. Sec.  1956.10 and 1956.11 of this part 
are being applied under the plan. The factors listed in Sec.  1902.37(b) 
of this chapter, except those specified in Sec.  1902.37(b)(11) and (12) 
which would be adapted to the State's compliance program provide the 
basis for making the determination of operational effectiveness.



Sec.  1956.24  Procedures for withdrawal of approval.

    The procedures and standards contained in part 1955 of this chapter 
shall be applicable to the withdrawal of approval of plans approved 
under this part 1956, except that (because these plans, as do public 
employee programs aproved and financed in connection with a State plan 
covering private employees, must cover all employees of State and local 
agencies in a State whenever a State is constitutionally able to do so, 
at least developmentally), no industrial or occupational issues may be 
considered a separable portion of a plan under Sec.  1955.2(a)(10); and, 
as Federal standards and enforcement do not apply to State and local 
government employers, withdrawal of approval of a plan approved under 
this part 1956 could not bring about application of the provisions of 
the Federal Act to such employers as set out in Sec.  1955.4 of this 
chapter.

Subpart D--General Provisions and Conditions [Reserved]



PART 1960_BASIC PROGRAM ELEMENTS FOR FEDERAL EMPLOYEE OCCUPATIONAL 
SAFETY AND HEALTH PROGRAMS AND RELATED MATTERS--Table of Contents



                            Subpart A_General

Sec.
1960.1 Purpose and scope.
1960.2 Definitions.

                        Subpart B_Administration

1960.6 Designation of agency safety and health officials.
1960.7 Financial management.
1960.8 Agency responsibilities.
1960.9 Supervisory responsibilities.
1960.10 Employee responsibilities and rights.
1960.11 Evaluation of occupational safety and health performance.
1960.12 Dissemination of occupational safety and health program 
          information.

                           Subpart C_Standards

1960.16 Compliance with OSHA standards.
1960.17 Alternate standards.
1960.18 Supplementary standards.
1960.19 Other Federal agency standards affecting occupational safety and 
          health.

                   Subpart D_Inspection and Abatement

1960.25 Qualifications of safety and health inspectors and agency 
          inspections.
1960.26 Conduct of inspections.
1960.27 Representatives of officials in charge and representatives of 
          employees.
1960.28 Employee reports of unsafe or unhealthful working conditions.
1960.29 Accident investigation.
1960.30 Abatement of unsafe or unhealthful working conditions.
1960.31 Inspections by OSHA.

  Subpart E_General Services Administration and Other Federal Agencies

1960.34 General provisions.
1960.35 National Institute for Occupational Safety and Health.

           Subpart F_Occupational Safety and Health Committees

1960.36 General provisions.
1960.37 Committee organization.
1960.38 Committee formation.
1960.39 Agency responsibilities.
1960.40 Establishment committee duties.
1960.41 National committee duties.

                    Subpart G_Allegations of Reprisal

1960.46 Agency responsibility.
1960.47 Results of investigations.

                           Subpart H_Training

1960.54 Training of top management officials.
1960.55 Training of supervisors.
1960.56 Training of safety and health specialists.
1960.57 Training of safety and health inspectors.
1960.58 Training of collateral duty safety and health personnel and 
          committee members.
1960.59 Training of employees and employee representatives.
1960.60 Training assistance.

[[Page 817]]

           Subpart I_Recordkeeping and Reporting Requirements

1960.66 Purpose, scope, and general provisions.
1960.67 Federal agency certification of the injury and illness annual 
          summary (OSHA 300-A or equivalent).
1960.68 Prohibition against discrimination.
1960.69 Retention and updating of old forms.
1960.70 Reporting of serious accidents.
1960.71 Agency annual reports.
1960.72 Reporting Federal Agency Injury and Illness Information.
1960.73 Federal agency injury and illness recordkeeping forms.
1960.74 [Reserved]

 Subpart J_Evaluation of Federal Occupational Safety and Health Programs

1960.78 Purpose and scope.
1960.79 Self-evaluations of occupational safety and health programs.
1960.80 Secretary's evaluations of agency occupational safety and health 
          programs.

           Subpart K_Field Federal Safety and Health Councils

1960.84 Purpose.
1960.85 Role of the Secretary.
1960.86 Establishing councils.
1960.87 Objectives.
1960.88 Membership and participation.
1960.89 Organization.
1960.90 Operating procedures.

    Authority: Sections 19 and 24 of the Occupational Safety and Health 
Act of 1970 (84 Stat. 1609, 1614; 29 U.S.C. 668, 673), 5 U.S.C. 553, 
Secretary of Labor's Order No. 1-90 (55 FR 9033), and Executive Order 
12196.

    Source: 45 FR 69798, Oct. 21, 1980, unless otherwise noted.



                            Subpart A_General



Sec.  1960.1  Purpose and scope.

    (a) Section 19 of the Occupational Safety and Health Act (the Act) 
contains special provisions to assure safe and healthful working 
conditions for Federal employees. Under that section, it is the 
responsibility of the head of each Federal agency to establish and 
maintain an effective and comprehensive occupational safety and health 
program which is consistent with the standards promulgated under section 
6 of the Act. The Secretary of Labor (the Secretary), under section 19, 
is to report to the President certain evaluations and recommendations 
with respect to the programs of the various agencies, and the duties 
which section 24 of the Act imposes on the Secretary of Labor 
necessarily extend to the collection, compilation and analysis of 
occupational safety and health statistics from the Federal Government. 
The role of the General Services Administration in this area stems from 
its duties as the Government's principal landlord and from its specific 
safety and health responsibilities under 41 CFR part 101, subchapter D, 
Federal Property Management Regulations.
    (b) Executive Order 12196, Occupational Safety and Health Programs 
for Federal Employees, issued February 26, 1980, prescribes additional 
responsibilities for the heads of agencies, the Secretary, and the 
General Services Administrator. Among other duties, the Secretary is 
required to issue basic program elements in accordance with which the 
heads of agencies shall operate their safety and health programs. The 
purpose of this part is to issue these basic program elements. Although 
agency heads are required to operate a program in accordance with the 
basic program elements, those elements contain numerous provisions 
which, by their terms, permit agency heads the flexibility necessary to 
implement their programs in a manner consistent with their respective 
missions, sizes, and organizations. Moreover, an agency head, after 
consultation with agency employees or their representatives and with 
appropriate safety and health committees may request the Secretary to 
consider approval of alternate program elements; the Secretary, after 
consultation with the Federal Advisory Council on Occupational Safety 
and Health, may approve such alternate program elements.
    (c) Under Executive Order 12196, the Secretary is required to 
perform various services for the agencies, including consultation, 
training, recordkeeping, inspections, and evaluations. Agencies are 
encouraged to seek such assistance from the Secretary as well as advice 
on how to comply with the basic program elements and operate effective 
occupational safety and health programs. Upon the request of an Agency, 
the Office of Federal Agency

[[Page 818]]

Safety and Health Programs will review proposed agency plans for the 
implementation of program elements.
    (d) Section 19 of the Act and the Executive Order require specific 
opportunities for employee participation in the operation of agency 
safety and health programs. The manner of fulfilling these requirements 
is set forth in part in these program elements. These requirements are 
separate from but consistent with the Federal Service Labor Management 
Relations Statute (5 U.S.C. 71) and regulations dealing with labor-
management relations within the Federal Government.
    (e) Executive Order 12196 and these basic program elements apply to 
all agencies of the Executive Branch. They apply to all Federal 
employees. They apply to all working conditions of Federal employees 
except those involving uniquely military equipment, systems, and 
operations.
    (f) No provision of the Executive Order or this part shall be 
construed in any manner to relieve any private employer, including 
Federal contractors, or their employees of any rights or 
responsibilities under the provisions of the Act, including compliance 
activities conducted by the Department of Labor or other appropriate 
authority.
    (g) Federal employees who work in establishments of private 
employers are covered by their agencies' occupational safety and health 
programs. Although an agency may not have the authority to require 
abatement of hazardous conditions in a private sector workplace, the 
agency head must assure safe and healthful working conditions for his/
her employees. This shall be accomplished by administrative controls, 
personal protective equipment, or withdrawal of Federal employees from 
the private sector facility to the extent necessary to assure that the 
employees are protected.

[45 FR 69798, Oct. 21, 1980, as amended at 60 FR 34852, July 5, 1995]



Sec.  1960.2  Definitions.

    (a) The term Act means the Occupational Safety and Health Act of 
1970 (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.).
    (b) The term agency for the purposes of this part means an Executive 
Department, as defined in 5 U.S.C. 101, or any employing unit of 
authority of the Executive Branch of the Government. For the purposes of 
this part to the extent it implements section 19 of the Act, the term 
agency does not include the United States Postal Service. By agreement 
between the Secretary of Labor and the head of an agency of the 
Legislative or Judicial Branches of the Government, these regulations 
may be applicable to such agencies.
    (c) The term agency liaison means an agency person appointed with 
full authority and reponsibility to represent the occupant agency 
management with the official in charge of a facility or installation 
such as a GSA Building Manager.
    (d) The term building manager means the person who manages one or 
several buildings under the authority of a Federal agency. For example, 
a building manager may be the GSA person who manages building(s) for 
GSA.
    (e) As used in Executive Order 12196, the term consultation with 
representatives of the employees thereof shall include such 
consultation, conference, or negotiation with representatives of agency 
employees as is consistent with the Federal Service Labor Management 
Relations Statute (5 U.S.C. 71), or collective bargaining or other 
labor-management arrangements. As used in this part, the term 
representative of employees shall be interpreted with due regard for any 
obligation imposed by the aforementioned statute and any other labor-
management arrangement that may cover the employees involved.
    (f) The term Designated Agency Safety and Health Official means the 
individual who is responsible for the management of the safety and 
health program within an agency, and is so designated or appointed by 
the head of the agency pursuant to Sec.  1960.6 and the provisions of 
Executive Order 12196.
    (g) The term employee as used in this part means any person, other 
than members of the Armed Forces, employed or otherwise suffered, 
permitted, or required to work by an agency as the latter term is 
defined in paragraph (b) of this section.
    (h) The term establishment means a single physical location where 
business is conducted or where services or operations are performed. 
Where distinctly

[[Page 819]]

separate activities are performed at a single physical location, each 
activity shall be treated as a separate establishment. Typically, an 
establishment as used in this part refers to a field activity, regional 
office, area office, installation, or facility.
    (i) The term uniquely military equipment, systems, and operations 
excludes from the scope of the order the design of Department of Defense 
equipment and systems that are unique to the national defense mission, 
such as military aircraft, ships, submarines, missiles, and missile 
sites, early warning systems, military space systems, artillery, tanks, 
and tactical vehicles; and excludes operations that are uniquely 
military such as field maneuvers, naval operations, military flight 
operations, associated research test and development activities, and 
actions required under emergency conditions. The term includes within 
the scope of the Order Department of Defense workplaces and operations 
comparable to those of industry in the private sector such as: Vessel, 
aircraft, and vehicle repair, overhaul, and modification (except for 
equipment trials); construction; supply services; civil engineering or 
public works; medical services; and office work.
    (j) The term incidence rates means the number of injuries and 
illnesses, or lost workdays, per 100 full-time workers. Rates are 
calculated as

N x 200,000 / EH

N = number of injuries and illnesses, or number of lost workdays.
EH = total hours worked by all employees during a month, a quarter, or 
          fiscal year.
200,000 = base for 100 full-time equivalent workers (working 40 hours 
          per week, 50 weeks per year).

    (k) The term inspection means a comprehensive survey of all or part 
of a workplace in order to detect safety and health hazards. Inspections 
are normally performed during the regular work hours of the agency, 
except as special circumstances may require. Inspections do not include 
routine, day-to-day visits by agency occupational safety and health 
personnel, or routine workplace surveillance of occupational health 
conditions.
    (l) Injury or illness. An injury or illness is an abnormal condition 
or disorder. Injuries include cases such as, but not limited to, a cut, 
fracture, sprain, or amputation. Illness includes both acute and chronic 
illnesses, such as, but not limited to, a skin disease, respiratory 
disorder, or poisoning.
    (m) The term representative of management means a supervisor or 
management official as defined in the applicable labor-management 
relations program covering the affected employees.
    (n)-(p) [Reserved]
    (q) The term Safety and Health Inspector means a safety and/or 
occupational health specialist or other person authorized pursuant to 
Executive Order 12196, section 1-201(g), to carry out inspections for 
the purpose of subpart D of this part, a person having equipment and 
competence to recognize safety and/or health hazards in the workplace.
    (r) The term Safety and Health Official means an individual who 
manages the occupational safety and/or occupational health program at 
organizational levels below the Designated Agency Safety and Health 
Official.
    (s) The term Safety and Health Specialist means a person or persons 
meeting the Office of Personnel Management standards for such 
occupations, which include but are not limited to:

Safety and Occupational Health Manager/Specialist GS-018
Safety Engineer GS-803
Fire Prevention Engineer GS-804
Industrial Hygienist GS-690
Fire Protection and Prevention Specialist/Marshal GS-081
Health Physicist GS-1306
Occupational Medicine Physician GS-602
Occupational Health Nurse GS-610
Safety Technician GS-019
Physical Science Technician GS-1311
Environmental Health Technician GS-699
Air Safety Investigation Officer GS-1815
Aviation Safety Specialist GS-1825
Chemist GS-1320
Health Technician GS-645
Highway Safety Manager GS-2125


or equally qualified military, agency, or nongovernment personnel. The 
agency head shall be responsible for determination and certification of 
equally qualified personnel.
    (t) The term workplace means a physical location where the agency's 
work or operations are performed.
    (u) The term imminent danger means any conditions or practices in 
any

[[Page 820]]

workplace which are such that a danger exists which could reasonably be 
expected to cause death or serious physical harm immediately or before 
the imminence of such danger can be eliminated through normal 
procedures.
    (v) The word serious as used in serious hazard, serious violation or 
serious condition means a hazard, violation or condition such that there 
is a substantial probability that death or serious physical harm could 
result.
    (w) The term certified safety and health committee means an agency 
safety and health committee that meets the provisions of section 1-3 of 
Executive Order 12196 and of this part, as listed and attested to by the 
head of each agency in writing to the Secretary.
    (x) The term reprisal as used in this part means any act of 
restraint, interference, coercion or discrimination against an employee 
for exercising his or her rights under Executive Order 12196 and this 
part, or for participating in the agency's safety and health program.

[45 FR 69798, Oct. 21, 1980, as amended at 49 FR 3078, Jan. 25, 1984; 50 
FR 40269, Oct. 2, 1985; 51 FR 28378, Aug. 7, 1986; 69 FR 68804, Nov. 26, 
2004; 78 FR 47190, Aug. 5, 2013]



                        Subpart B_Administration



Sec.  1960.6  Designation of agency safety and health officials.

    (a) The head of each agency shall designate an official with 
sufficient authority and responsibility to represent effectively the 
interest and support of the agency head in the management and 
administration of the agency occupational safety and health program. 
This Designated Agency Safety and Health Official should be of the rank 
of Assistant Secretary, or of equivalent rank, or equivalent degree of 
responsibility, and shall have sufficient headquarters staff with the 
necessary training and experience. The headquarters staff should report 
directly to, or have appropriate access to, the Designated Agency Safety 
and Health Official, in order to carry out the responsibilities under 
this part.
    (b) The Designated Agency Safety and Health Official shall assist 
the agency head in establishing:
    (1) An agency occupational safety and health policy and program to 
carry out the provisions of section 19 of the Act, Executive Order 
12196, and this part;
    (2) An organization, including provision for the designation of 
safety and health officials at appropriate levels, with adequate budgets 
and staffs to implement the occupational safety and health program at 
all operational levels;
    (3) A set of procedures that ensures effective implementation of the 
agency policy and program as required by section 19 of the Act, 
Executive Order 12196, and the program elements of this part, 
considering the mission, size, and organization of the agency;
    (4) Goals and objectives for reducing and eliminating occupational 
accidents, injuries, and illnesses;
    (5) Plans and procedures for evaluating the agency's occupational 
safety and health program effectiveness at all operational levels; and
    (6) Priorities with respect to the factors which cause occupational 
accidents, injuries, and illnesses in the agency's workplaces so that 
appropriate corrective actions can be taken.
    (c) The agency head shall assure that safety and health officials 
are designated at each appropriate level with sufficient authority and 
responsibility to plan for and assure funds for necessary safety and 
health staff, equipment, materials, and training required to ensure 
implementation of an effective occupational safety and health program.



Sec.  1960.7  Financial management.

    (a) The head of each agency shall ensure that the agency budget 
submission includes appropriate financial and other resources to 
effectively implement and administer the agency's occupational safety 
and health program.
    (b) The Designated Agency Safety and Health Official, management 
officials in charge of each establishment, safety and health officials 
at all appropriate levels, and other management

[[Page 821]]

officials shall be responsible for planning, requesting resources, 
implementing, and evaluating the occupational safety and health program 
budget in accordance with all relevant Office of Management and Budget 
regulations and documents.
    (c) Appropriate resources for an agency's occupational safety and 
health program shall include, but not be limited to:
    (1) Sufficient personnel to implement and administer the program at 
all levels, including necessary administrative costs such as training, 
travel, and personal protective equipment;
    (2) Abatement of unsafe or unhealthful working conditions related to 
agency operations or facilities;
    (3) Safety and health sampling, testing, and diagnostic and 
analytical tools and equipment, including laboratory analyses;
    (4) Any necessary contracts to identify, analyze, or evaluate unsafe 
or unhealthful working conditions and operations;
    (5) Program promotional costs such as publications, posters, or 
films;
    (6) Technical information, documents, books, standards, codes, 
periodicals, and publications; and
    (7) Medical surveillance programs for employees.

[45 FR 69798, Oct. 21, 1980, as amended at 78 FR 47190, Aug. 5, 2013]



Sec.  1960.8  Agency responsibilities.

    (a) The head of each agency shall furnish to each employee 
employment and a place of employment which are free from recognized 
hazards that are causing or are likely to cause death or serious 
physical harm.
    (b) The head of each agency shall comply with the Occupational 
Safety and Health Administration standards applicable to the agency.
    (c) The head of each agency shall develop, implement, and evaluate 
an occupational safety and health program in accordance with the 
requirements of section 19 of the Act, Executive Order 12196, and the 
basic program elements prescribed in this part, or approved alternate 
program elements.
    (d) The head of each agency shall acquire, maintain, and require the 
use of approved personal protective equipment, approved safety 
equipment, and other devices necessary to protect employees.
    (e) In order to provide essential specialized expertise, agency 
heads shall authorize safety and health personnel to utilize such 
expertise from whatever source available, including but not limited to 
other agencies, professional groups, consultants, universities, labor 
organizations, and safety and health committees.



Sec.  1960.9  Supervisory responsibilities.

    Employees who exercise supervisory functions shall, to the extent of 
their authority, furnish employees employment and a place of employment 
which are free from recognized hazards that are causing or are likely to 
cause death or serious physical harm. They shall also comply with the 
occupational safety and health standards applicable to their agency and 
with all rules, regulations, and orders issued by the head of the agency 
with respect to the agency occupational safety and health program.



Sec.  1960.10  Employee responsibilities and rights.

    (a) Each employee shall comply with the standards, rules, 
regulations, and orders issued by his/her agency in accordance with 
section 19 of the Act, Executive Order 12196, and this part which are 
applicable to his/her own actions and conduct.
    (b) Employees shall use safety equipment, personal protective 
equipment, and other devices and procedures provided or directed by the 
agency and necessary for their protection.
    (c) Employees shall have the right to report unsafe and unhealthful 
working conditions to appropriate officials.
    (d) Employees shall be authorized official time to participate in 
the activities provided for in section 19 of the Act, Executive Order 
12196, this part, and the agency occupational safety and health program.



Sec.  1960.11  Evaluation of occupational safety and health performance.

    Each agency head shall ensure that any performance evaluation of any

[[Page 822]]

management official in charge of an establishment, any supervisory 
employee, or other appropriate management official, measures that 
employee's performance in meeting requirements of the agency 
occupational safety and health program, consistent with the employee's 
assigned responsibilities and authority, and taking into consideration 
any applicable regulations of the Office of Personnel Management or 
other appropriate authority. The recognition of superior performance in 
discharging safety and health responsibilities by an individual or group 
should be encouraged and noted.



Sec.  1960.12  Dissemination of occupational safety and health 
program information.

    (a) Copies of the Act, Executive Order 12196, program elements 
published in this part, details of the agency's occupational safety and 
health program, and applicable safety and health standards shall be made 
available upon request to employees or employee representatives for 
review.
    (b) A copy of the agency's written occupational safety and health 
program applicable to the establishment shall be made available to each 
supervisor, each occupational safety and health committee member, and to 
employee representatives.
    (c) Each agency shall post conspicuously in each establishment, and 
keep posted, a poster informing employees of the provisions of the Act, 
Executive Order 12196, and the agency occupational safety and health 
program under this part. The Department of Labor will furnish the core 
text of a poster to agencies. Each agency shall add the following items:
    (1) Details of the agency's procedures for responding to reports by 
employees of unsafe or unhealthful working conditions, and to 
allegations of discrimination or reprisal due to participation in safety 
and/or health activities;
    (2) The location where employees may obtain information about the 
agency's occupational safety and health program, including the full text 
of agency occupational safety and health standards, and
    (3) Relevant information about any agency safety and health 
committees.


Such posters and additions shall not be altered, defaced, or covered by 
other material.
    (d) A copy of the agency's poster shall be provided to the 
Secretary. If the agency needs assistance and advice on the content and 
development of the poster, such shall be requested of the Secretary 
prior to printing and distribution.
    (e) Agency heads shall promote employee awareness of occupational 
safety and health matters through their ordinary information channels, 
such as newsletters, bulletins and handbooks.



                           Subpart C_Standards



Sec.  1960.16  Compliance with OSHA standards.

    Each agency head shall comply with all occupational safety and 
health standards issued under section 6 of the Act, or with alternate 
standards issued pursuant to this subpart. In complying with section 6 
standards, an agency may, upon prior notification to the Secretary, 
prescribe and enforce more stringent permissible exposure levels or 
threshold limit values and may require more frequent monitoring of 
exposures without recourse to the approval procedures for alternate 
standards described in Sec.  1960.17. In addition, after consultation 
with employees and safety and health committees and prior notification 
to the Secretary, an agency may utilize the latest edition of a 
reference standard if it is more stringent than the section 6 standard. 
After notification, the Secretary may require the use of the approval 
procedures for alternate standards for any of the situations described 
in this paragraph.



Sec.  1960.17  Alternate standards.

    An agency head may apply an alternate standard where deemed 
necessary, and shall, after consultation with employees or their 
representatives, including appropriate occupational safety and health 
committees, notify the Secretary and request approval of such alternate 
standards.

[[Page 823]]

    (a) Any request by the head of the agency for an alternate standard 
shall be transmitted to the Secretary.
    (b) Any such request for an alternate standard shall not be approved 
by the Secretary unless it provides equivalent or greater protection for 
affected employees. Any such request shall include:
    (1) A statement of why the agency cannot comply with the OSHA 
standard or wants to adopt an alternate standard;
    (2) A description of the alternate standard;
    (3) An explanation of how the alternate standard provides equivalent 
or greater protection for the affected employees;
    (4) A description of interim protective measures afforded employees 
until a decision is rendered by the Secretary of Labor; and
    (5) A summary of written comments, if any, from interested 
employees, employee representatives, and occupational safety and health 
committees.



Sec.  1960.18  Supplementary standards.

    (a) In addition to complying with emergency temporary standards 
issued under section 6 of the Act, an agency head shall adopt such 
emergency temporary and permanent supplementary standards as necessary 
and appropriate for application to working conditions of agency 
employees for which there exists no appropriate OSHA standards. In order 
to avoid any possible duplication of effort, the agency head should 
notify the Secretary of the subject matter of such standard when the 
development of the standard begins.
    (b) The agency head shall send a copy of the final draft of the 
permanent supplementary standard to the Secretary prior to official 
adoption by the agency, along with any written comments on the standard 
from interested employees, employee representatives, and occupational 
safety and health committees. If the Secretary finds the permanent 
supplementary standard to be adopted inconsistent with OSHA standards, 
or inconsistent with OSHA enforcement practices under section 5(a)(1) of 
the Act, the Secretary shall have 15 working days in which to notify the 
head of the agency of this finding. In such a case, the supplementary 
standard shall not be adopted, but the agency will be afforded an 
opportunity to resubmit a revised standard that is designed to provide 
adequate protection and is consistent with OSHA standards. Upon request 
of the agency head, the Secretary shall offer to the agency technical 
assistance in the development of the supplemental standard.



Sec.  1960.19  Other Federal agency standards affecting occupational 
safety and health.

    (a) Where employees of different agencies engage in joint 
operations, and/or primarily report to work or carry out operations in 
the same establishment, the standards adopted under Sec.  1960.17 or 
Sec.  1960.18 of the host agency shall govern.
    (b) There are situations in which the head of an agency is required 
to comply with standards affecting occupational safety and health issued 
by a Federal agency other than OSHA. For example, standards issued by 
the Federal Aviation Administration, the Department of Energy, or the 
General Services Administration may be applicable to certain Federal 
workplaces. Nothing in this subpart affects the duty of any agency head 
to comply with such standards. In addition, agency heads should comply 
with other standards issued by Federal agencies which deal with 
hazardous working conditions, but for which OSHA has no standards.
    (c) Although it is not anticipated that standards of other Federal 
agencies will conflict with OSHA standards, should such conflict occur, 
the head of the agency shall inform the other Federal agency and the 
Secretary so that joint efforts to resolve the issues may be undertaken. 
However, until conflicts are resolved, agencies shall comply with the 
more protective of the conflicting standards.

[[Page 824]]



                   Subpart D_Inspection and Abatement



Sec.  1960.25  Qualifications of safety and health inspectors and 
agency inspections.

    (a) Executive Order 12196 requires that each agency utilize as 
inspectors ``personnel with equipment and competence to recognize 
hazards.'' Inspections shall be conducted by inspectors qualified to 
recognize and evaluate hazards of the working environment and to suggest 
general abatement procedures. Safety and health specialists as defined 
in Sec.  1960.2(s), with experience and/or up-to-date training in 
occupational safety and health hazard recognition and evaluation are 
considered as meeting the qualifications of safety and health 
inspectors. For those working environments where there are less complex 
hazards, such safety and health specializations as cited above may not 
be required, but inspectors in such environments shall have sufficient 
documented training and/or experience in the safety and health hazards 
of the workplace involved to recognize and evaluate those particular 
hazards and to suggest general abatement procedures. All inspection 
personnel must be provided the equipment necessary to conduct a thorough 
inspection of the workplace involved.
    (b) Each agency which has workplaces containing information 
classified in the interest of national security shall provide access to 
safety and health inspectors who have obtained the appropriate security 
clearance.
    (c) All areas and operations of each workplace, including office 
operations, shall be inspected at least annually. More frequent 
inspections shall be conducted in all workplaces where there is an 
increased risk of accident, injury, or illness due to the nature of the 
work performed. Sufficient unannounced inspections and unannounced 
follow-up inspections should be conducted by the agency to ensure the 
identification and abatement of hazardous conditions.
    (d) When situations arise involving multiple agencies' 
responsibilities for conditions affecting employee safety and health, 
coordination of inspection functions is encouraged.



Sec.  1960.26  Conduct of inspections.

    (a) Preparation. (1) Prior to commencement of the inspection, the 
Safety and Health Inspector shall be provided all available relevant 
information which pertains to the occupational safety and health of the 
workplace to be inspected, including safety and health hazard reports, 
injury and illness records, previous inspection reports, and reports of 
unsafe and unhealthful working conditions.
    (2) The Safety and Health Inspector shall determine in advance, 
where possible, the actual work procedures and conditions to be 
inspected, in order to have the proper equipment available to conduct an 
effective inspection.
    (b) Inspection. (1) For the purpose of assuring safe and healthful 
working conditions for employees of agencies, the head of the agency 
shall authorize safety and/or health inspectors: To enter without delay, 
and at reasonable times, any building, installation, facility, 
construction site, or other area, workplace, or environment where work 
is performed by employees of the agency; to inspect and investigate 
during regular working hours and at other reasonable times, and within 
reasonable limits and in a reasonable manner, any such place of 
employment and all pertinent conditions, structures, machines, 
apparatus, devices, equipment, and materials therein, and to question 
privately any agency employee, and/or any agency supervisory employee, 
and/or any official in charge of an establishment.
    (2) If there are no authorized representatives of employees, the 
inspector shall consult with a reasonable number of employees during the 
walkaround.
    (3) When, in the opinion of the inspector, it is necessary to 
conduct personal monitoring (sampling) of employee's work environments, 
the inspector may request employees to wear reasonable and necessary 
personal monitoring devices, e.g., noise dosimeters and air sampling 
pumps, for periods determined by the inspector to be necessary for 
complete and effective sampling of the environment.
    (4) Upon request of the inspector, the employer shall encourage 
employees to

[[Page 825]]

wear the personal environmental monitoring devices during an inspection.
    (5) Whenever and as soon as it is concluded on the basis of an 
inspection that a danger exists which could reasonably be expected to 
cause death or serious physical harm immediately, the inspector shall 
inform the affected employees and official in charge of the workplace of 
the danger. The official in charge of the workplace, or a person 
empowered to act for that official, shall undertake immediate abatement 
and the withdrawal of employees who are not necessary for abatement of 
the dangerous conditions. In the event the official in charge of the 
workplace needs assistance to undertake full abatement, that official 
shall promptly contact the Designated Agency Safety and Health Official 
and other responsible agency officials, who shall assist the abatement 
effort. Safety and health committees shall be informed of all relevant 
actions and representatives of the employees shall be so informed.
    (6) At the conclusion of an inspection, the Safety and Health 
Inspector shall confer with the official in charge of the workplace or 
that official's representative, and with an appropriate representative 
of the employees of the establishment, and informally advise them of any 
apparent unsafe or unhealthful working conditions disclosed by the 
inspection. During any such conference, the official in charge of the 
workplace and the employee representative shall be afforded an 
opportunity to bring to the attention of the Safety and Health Inspector 
any pertinent information regarding conditions in the workplace.
    (c) Written reports and notices of unsafe or unhealthful working 
conditions. (1) The inspector shall, in writing, describe with 
particularity the procedures followed in the inspection and the findings 
which form the basis for the issuance of any Notice of Unsafe or 
Unhealthful Working Conditions.
    (2) Each agency shall establish a procedure for the prompt issuance 
of a Notice of Unsafe or Unhealthful Working Conditions. Such notices 
shall be issued not later than 15 days after completion of the 
inspection for safety violations or not later than 30 days for health 
violations. If there are compelling reasons why such notice cannot be 
issued within the 15 days or 30 days indicated, the persons described in 
paragraph (c)(2)(iii) of this section shall be informed of the reasons 
for the delay. Such procedure shall include the following:
    (i) Notices shall be in writing and shall describe with 
particularity the nature and degree of seriousness of the unsafe or 
unhealthful working condition, including a reference to the standard or 
other requirement involved;
    (ii) The notice shall fix a reasonable time for the abatement of the 
unsafe or unhealthful working condition; and
    (iii) A copy of the notice shall be sent to the official in charge 
of the workplace, the employee representative who participated in the 
closing conference, and/or the safety and health committee of the 
workplace, if any.
    (3) Upon receipt of any notice of an unsafe or unhealthful working 
condition, the official in charge of a workplace shall immediately post 
such notice, or copy thereof, unedited, except for reason of national 
security, at or near each place an unsafe or unhealthful working 
condition referred to in the notice exists or existed. In addition, a 
notice shall be posted if any special procedures are in effect. Where, 
because of the nature of the workplace operations, it is not practicable 
to post the notice at or near each such place, such notice shall be 
posted, unedited, except for reason of national security, in a prominent 
place where it will be readily observable by all affected employees. For 
example, where workplace activities are physically dispersed, the notice 
may be posted at the location to which employees report each day. Where 
employees do not primarily work at or report to a single location, the 
notice may be posted at the location from which the employees operate to 
carry out their activities.
    (4) Each notice of an unsafe or unhealthful working condition, or a 
copy thereof, shall remain posted until the unsafe or unhealthful 
working condition has been abated or for 3 working days whichever is 
later. A copy of the notice will be filed and maintained for a period of 
five years after abatement

[[Page 826]]

at the establishment and made available to the Secretary upon request.

[45 FR 69798, Oct. 21, 1980; 45 FR 77003, Nov. 21, 1980]



Sec.  1960.27  Representatives of officials in charge and 
representatives of employees.

    (a) Safety and health inspectors shall be in charge of inspections 
and may interview any employee in private if the inspector deems it 
necessary. A representative of the official in charge of a workplace and 
a representative of employees shall be given an opportunity to accompany 
Safety and Health Inspectors during the physical inspection of any 
workplace, both to aid the inspection and to provide such 
representatives with more detailed knowledge of any existing or 
potential unsafe or unhealthful working conditions. The representative 
of employees shall be selected by the employees. Additional 
representatives of the official in charge and additional representatives 
of employees may accompany the Safety and Health Inspectors if it is 
determined by the inspector that such additional representatives will 
further aid the inspection. Different representatives of the employer 
and employees may be allowed to accompany the Inspector during each 
different phase of an inspection.
    (b) Safety and health inspectors shall be authorized to deny the 
right of accompaniment under this section to any person whose 
participation interferes with a fair and orderly inspection.
    (c) With regard to facilities classified in the interest of national 
security, only persons authorized to have access to such facilities 
shall be allowed to accompany a Safety and Health Inspector in such 
areas.
    (d) Safety and health inspectors shall consult with employees 
concerning matters of occupational safety and health to the extent 
deemed necessary for the conduct of an effective and thorough 
inspection. During the course of an inspection, any employee shall be 
afforded an opportunity to bring to the attention of the Safety and 
Health Inspector any unsafe or unhealthful working condition which the 
employee has reason to believe exists in the workplace.



Sec.  1960.28  Employee reports of unsafe or unhealthful working
conditions.

    (a) The purpose of employee reports is to inform agencies of the 
existence of, or potential for, unsafe or unhealthful working 
conditions. A report under this part is not a grievance.
    (b) This section provides guidance in establishing a channel of 
communication between agency employees and those with responsibilities 
for safety and health matters, e.g., their supervisor, the agency safety 
and health officials, safety and health committees, safety and health 
inspectors, the head of the agency, or the Secretary. These channels of 
communication are intended to assure prompt analysis and response to 
reports of unsafe or unhealthful working conditions in accordance with 
the requirements of Executive Order 12196. Since many safety and health 
problems can be eliminated as soon as they are identified, the existence 
of a formal channel of communication shall not preclude immediate 
corrective action by an employee's supervisor in response to oral 
reports of unsafe or unhealthful working conditions where such action is 
possible. Nor should an employee be required to await the outcome of 
such an oral report before filing a written report pursuant to the 
provisions of this section.
    (c) Any employee or representative of employees, who believes that 
an unsafe or unhealthful working condition exists in any workplace where 
such employee is employed, shall have the right and is encouraged to 
make a report of the unsafe or unhealthful working condition to an 
appropriate agency safety and health official and request an inspection 
of such workplace for this purpose. The report shall be reduced to 
writing either by the individual submitting the report or, in the case 
of an oral notification, by the above official or other person 
designated to receive the reports in the workplace. Any such report 
shall set forth the grounds for the report and shall contain the name of 
the employee or representative of employees. Upon the request of the 
individual making such report, no person shall disclose the name of the 
individual making the report or the names of individual employees 
referred to in the report, to

[[Page 827]]

anyone other than authorized representatives of the Secretary. In the 
case of imminent danger situations, employees shall make reports by the 
most expeditious means available.
    (d) Reports received by the agency. (1) Each report of an existing 
or potential unsafe or unhealthful working condition should be recorded 
on a log maintained at the establishment. If an agency finds it 
inappropriate to maintain a log of written reports at the establishment 
level, it may avail itself of procedures set forth in Sec.  1960.71. A 
copy of each report received shall be sent to the appropriate 
establishment safety and health committee.
    (2) A sequentially numbered case file, coded for identification, 
should be assigned for purposes of maintaining an accurate record of the 
report and the response thereto. As a minimum, each establishment's log 
should contain the following information: date, time, code/reference/
file number, location of condition, brief description of the condition, 
classification (imminent danger, serious or other), and date and nature 
of action taken.
    (3) Executive Order 12196 requires that agency inspections be 
conducted within 24 hours for employee reports of imminent danger 
conditions, within three working days for potentially serious 
conditions, and within 20 working days for other than serious safety and 
health conditions. However, an inspection may not be necessary if, 
through normal management action and with prompt notification to 
employees and safety and health committees, the hazardous condition(s) 
identified can be abated immediately.
    (4) An employee submitting a report of unsafe or unhealthful 
conditions shall be notified in writing within 15 days if the official 
receiving the report determines there are not reasonable grounds to 
believe such a hazard exists and does not plan to make an inspection 
based on such report. A copy of each such notification shall be provided 
by the agency to the appropriate certified safety and health committee, 
where established under Executive Order 12196. An agency's inspection or 
investigation report, if any, shall be made available to the employee 
making the report within 15 days after completion of the inspection, for 
safety violations or within 30 days for health violations, unless there 
are compelling reasons, and shall be made available to the Secretary or 
the Secretary's authorized representative on request.
    (e) Reports received by the Secretary of Labor. (1) Agency safety 
and health programs must have provisions for responding to employees' 
reports of unsafe or unhealthful working conditions and the Secretary 
encourages employees to use agency procedures as the most expeditious 
means of achieving abatement of hazardous conditions. It is recognized, 
however, that employee reports may be received directly by the 
Secretary.
    (2) When such reports are received directly from an employee or 
employee representative, the Secretary shall, where a certified safety 
and health committee exists, forward the report to the agency for 
handling in accordance with procedures outlined in Sec.  1960.28(d). A 
copy of the response to the originator shall be sent to the Secretary.
    (3) Where there is no certified safety and health committee, or when 
requested by half the members of a committee, the Secretary may initiate 
an inspection or other appropriate action. When the Secretary determines 
that an inspection is warranted, the Secretary shall observe the same 
response times as required of the agencies under the Executive Order and 
Sec.  1960.28(d)(3). When the Secretary determines not to make an 
inspection, the report shall be forwarded to the agency for handling in 
accordance with procedures outlined in Sec.  1960.28(d). A copy of the 
response to the originator shall be sent to the Secretary.



Sec.  1960.29  Accident investigation.

    (a) While all accidents should be investigated, including accidents 
involving property damage only, the extent of such investigation shall 
be reflective of the seriousness of the accident.
    (b) In any case, each accident which results in a fatality or the 
hospitalization of three or more employees shall be investigated to 
determine the causal factors involved. Except to the extent necessary to 
protect employees and the

[[Page 828]]

public, evidence at the scene of an accident shall be left untouched 
until inspectors have an opportunity to examine it.
    (c) Any information or evidence uncovered during accident 
investigations which would be of benefit in developing a new OSHA 
standard or in modifying or revoking an existing standard should be 
promptly transmitted to the Secretary.
    (d) The investigative report of the accident shall include 
appropriate documentation on date, time, location, description of 
operations, description of accident, photographs, interviews of 
employees and witnesses, measurements, and other pertinent information. 
A copy of the investigative report required by this section shall be 
forwarded to the official in charge of the workplace, the appropriate 
safety and health committee, and the exclusive employee representative, 
if any. The investigative report shall be made available to the 
Secretary or his authorized representative on request.

[45 FR 69798, Oct. 21, 1980, as amended at 69 FR 68804, Nov. 26, 2004]



Sec.  1960.30  Abatement of unsafe or unhealthful working conditions.

    (a) The agency shall ensure the prompt abatement of unsafe and 
unhealthful conditions. Where a Notice of an Unsafe or Unhealthful 
Working Condition has been issued, abatement shall be within the time 
set forth in the notice, or in accordance with the established abatement 
plan.
    (b) The procedures for correcting unsafe or unhealthful working 
conditions shall include a follow-up, to the extent necessary, to 
determine whether the correction was made. If, upon the follow-up, it 
appears that the correction was not made, or was not carried out in 
accordance with an abatement plan prepared pursuant to paragraph (c) of 
this section, the official in charge of the establishment and the 
appropriate safety and health committee shall be notified of the failure 
to abate.
    (c) The official in charge of the establishment shall promptly 
prepare an abatement plan with the appropriate participation of the 
establishment's Safety and Health Official or a designee, if in the 
judgment of the establishment official the abatement of an unsafe or 
unhealthful working condition will not be possible within 30 calendar 
days. Such plan shall contain an explanation of the circumstances of the 
delay in abatement, a proposed timetable for the abatement, and a 
summary of steps being taken in the interim to protect employees from 
being injured as a result of the unsafe or unhealthful working 
condition. A copy of the plan shall be sent to the safety and health 
committee, and, if no committee exists, to the representative of the 
employees. Any changes in an abatement plan will require the preparation 
of a new plan in accordance with the provisions of this section.
    (d) When a hazard cannot be abated within the authority and 
resources of the official in charge of the establishment, that official 
shall request assistance from appropriate higher authority. The local 
safety and health official, any established committee and/or employee 
representatives, and all personnel subject to the hazard shall be 
advised of this action and of interim protective measures in effect, and 
shall be kept informed of subsequent progress on the abatement plan.
    (e) When a hazard cannot be abated without assistance of the General 
Services Administration or other Federal lessor agency, the occupant 
agency shall act with the lessor agency to secure abatement. Procedures 
for coordination with the General Services Administration are contained 
in subpart E of this part.
    (f) The procedures OSHA will use to verify Federal agency abatement 
are included in the private sector guidelines at 29 CFR 1903.19.

[45 FR 69798, Oct. 21, 1980, as amended at 78 FR 47190, Aug. 5, 2013]



Sec.  1960.31  Inspections by OSHA.

    (a) The Secretary or the Secretary's representatives are authorized 
to conduct, when the Secretary deems necessary, announced or unannounced 
inspections in the following situations:
    (1) Where an agency has not established occupational safety and 
health committees or where committees no longer operate in conformance 
to the requirements of subpart F of this part;

[[Page 829]]

    (2) In response to a request from half the membership of record of 
any certified safety and health committee; and
    (3) In response to an employee's report of an imminent danger 
situation, where there is a certified committee, but where the Secretary 
determines that neither the agency nor the committee has responded to 
the employee.
    (b) The Secretary's inspectors or evaluators are authorized: to 
enter without delay, and at reasonable times, any building, 
installation, facility, construction site, or other area, workplace, or 
environment where work is performed by employees of the agency; to 
inspect and investigate during regular working hours and at other 
reasonable times, and within reasonable limits and in a reasonable 
manner, any such place of employment, and all pertinent conditions, 
structures, machines, apparatus, devices, equipment, and materials 
therein, and to question privately any employee, any supervisory 
employee, and/or any official in charge of an establishment.
    (c) The Secretary may also make scheduled inspections as an integral 
part of OSHA's evaluation of an agency's safety and health program in 
accordance with subpart J of this part.
    (d) OSHA inspections shall follow the general format set forth for 
agency inspections in other applicable parts of this subpart.



  Subpart E_General Services Administration and Other Federal Agencies



Sec.  1960.34  General provisions.

    Within six months of the effective date of this part, the Secretary 
of Labor and the Administrator of the General Services Administration 
(GSA) shall initiate a study of conflicts that may exist in their 
standards concerning Federal buildings, leased space, products purchased 
or supplied, and other requirements affecting Federal employee safety 
and health. Both agencies shall establish and publish a joint procedure 
for resolving conflicting standards. All other Federal agencies that 
have authority for purchasing equipment, supplies, and materials, and 
for controlling Government space, as well as the leasing of space, shall 
also be subject to the requirements of this subpart, including 
publication of a procedure for resolving conflicting standards.
    (a) In order to assist agencies in carrying out their duties under 
section 19 of the Act, Executive Order 12196, and this part, the 
Administrator or the Administrator's designee shall:
    (1) Upon an agency's request, furnish for any owned or leased space 
offered to a Federal agency for occupancy:
    (i) A report of a recent pre-occupancy inspection to identify 
serious hazards or serious violations of OSHA standards or approved 
alternate standards, and
    (ii) A plan for abatement of the hazards and violations discovered;
    (2) Provide space which:
    (i) Meets any special safety and health requirements submitted by 
the requesting agency, and
    (ii) Does not contain either serious hazards or serious violations 
of OSHA standards or approved alternate standards which cannot be 
abated;
    (3) Repair, renovate, or alter, upon an agency's request, owned or 
leased space in a planned and controlled manner to reduce or eliminate, 
whenever possible, any hazardous exposure to the occupant agency's 
employees;
    (4) Accompany, upon request, the Secretary or the Secretary's 
designee on any inspection or investigation of a facility subject to the 
authority of the General Services Administration. Requests made for this 
purpose shall, whenever possible, be made at the GSA regional level in 
order to facilitate prompt assistance;
    (5) Investigate, upon an official agency request, reports of unsafe 
or unhealthful conditions within the scope of GSA's responsibility. Such 
investigation, when requiring an on-site inspection, shall be completed 
within 24 hours for imminent danger situations, within three working 
days for potentially serious conditions, and within 20 working days for 
other safety and health risk conditions;
    (6) Abate unsafe or unhealthful conditions disclosed by reports, 
investigation or inspection within 30 calendar days or submit to the 
occupant agency's designated liaison official an

[[Page 830]]

abatement plan. Such abatement plan shall give priority to the 
allocation of resources to bring about prompt abatement of the 
conditions. (GSA shall publish procedures for abatement of hazards in 
the Federal Property Management Regulations--41 CFR part 101);
    (7) Establish an occupancy permit program which will regulate the 
types of activities and occupancies in facilities in order to avoid 
incompatible groupings, e.g., chemical or biological laboratories in 
office space. GSA shall seek to consolidate Federal laboratory 
operations in facilities designed for such purposes;
    (8) Ensure, insofar as possible, that agency safety and health 
problems still outstanding are resolved, or otherwise answered by 
acceptable alternatives prior to renegotiation of leases; and
    (9) Ensure that GSA or other Federal lessor agencies' building 
managers maintain a log of reports of unsafe or unhealthful conditions 
submitted by tenants to include: date of receipt of report, action 
taken, and final resolution.
    (b) Product safety. Agencies such as GSA, DOD, and others which 
procure and provide supplies, equipment, devices, and material for their 
own use or use by other agencies, except for the design of uniquely 
military products as set forth in Sec.  1960.2(i), shall establish and 
maintain a product safety program which:
    (1) Ensures that items procured will allow user agencies to use such 
products safely for their designed purpose and will facilitate user 
compliance with all applicable standards.
    (2) Requires that products meet the applicable safety and health 
requirements of Federal law and regulations issued thereunder;
    (3) Ensures that hazardous material will be labelled in accordance 
with current law or regulation to alert users, shippers, occupational 
safety and health, and emergency action personnel, and others, to basic 
information concerning flammability, toxicity, compatibility, first aid 
procedures, and normal as well as emergency handling and disposal 
procedures;
    (4) Ensures availability of appropriate safety rescue and personal 
protective equipment to supply user agencies. The writing of Federal 
procurement specifications will be coordinated by GSA with OSHA/NIOSH as 
needed to assure purchase of approved products;
    (5) Ensures that products recalled by the manufacturer, either 
voluntarily or by order from a regulatory authority, are removed from 
inventory. Each recall notice or order shall be forwarded to all 
agencies which have ordered such product from or through the procuring/
supplying Federal agency, e.g., GSA, DOD, etc.;
    (6) Includes preparation of FEDSTD 313, Material Safety Data Sheets 
(MSDS), involving all interested agencies in review to keep the standard 
current. MSDS provided by agencies or contractors shall meet the 
requirements of FEDSTD 313 and be furnished to DOD for filing and 
distribution.
    (c) In order to assist agencies in carrying out their duties under 
section 19 of the Act, Executive Order 12196, and this part, the DOD 
operates and maintains an automated system to receive, file, reproduce, 
and make available MSDS data to other Federal agencies through the 
Government Printing Office or the National Technical Information 
Services.
    (d) All Federal agencies shall use MSDS either provided by DOD, or 
acquired directly from suppliers, when purchasing hazardous materials 
(as defined in FEDSTD 313) for local use. These data will be used to 
develop detailed procedures to advise employees in the workplace of the 
hazards involved with the materials and to protect them therefrom.
    (e) Safety and health services. GSA will operate and maintain for 
user agencies the following services:
    (1) Listings in the ``Federal Supply Schedule'' of safety and health 
services and equipment which are approved for use by agencies when 
needed. Examples of such services are: Workplace inspections, training, 
industrial hygiene surveys, asbestos bulk sampling, and mobile health 
testing; examples of such equipment are: personal protective equipment 
and apparel, safety devices, and environmental monitoring equipment;
    (2) Rules for assistance in the preparation of agency ``Occupant 
Emergency Plans'' (formerly called ``Facility Self-

[[Page 831]]

Protection Plans''), to be published by GSA at 41 CFR part 101;
    (3) An effective maintenance program in the Interagency Motorpool 
System which will ensure the safety and health of Federal employees 
utilizing the vehicles. Critical items to be included are: Exhaust 
systems, brakes, tires, lights, steering, and passenger restraint or 
other crash protection systems; and
    (4) A rapid response system whereby agencies can alert GSA to unsafe 
or unhealthful items purchased or contracted for by GSA, which in turn 
will evaluate the reports, initiate corrective action, as appropriate, 
and advise use agencies of interim protective measures.



Sec.  1960.35  National Institute for Occupational Safety and Health.

    (a) The Director of the National Institute for Occupational Safety 
and Health (NIOSH) shall, upon request by the Secretary, assist in:
    (1) Evaluations of Federal agency safety and health programs;
    (2) Investigations of possible safety and health hazards and
    (3) Inspections resulting from employee or committee reports of 
unsafe or unhealthful working conditions.
    (b) The Director of NIOSH shall provide a Hazard Evaluation (HE) 
program for Federal agencies. This program shall be designed to respond 
to requests for assistance in determining whether or not safety or 
health hazards are present in a Federal workplace. Requests for such 
Hazard Evaluations may be submitted to the Director by:
    (1) The Secretary of Labor;
    (2) The Head of a Federal agency;
    (3) An agency safety and health committee if half the committee 
requests such service; and
    (4) Employees who are not covered by a certified safety and health 
committee.
    (c) The Director of NIOSH may assist agencies by providing hazard 
alerts, technical services, training materials and conducting training 
programs upon request by an agency and with reimbursement.



           Subpart F_Occupational Safety and Health Committees



Sec.  1960.36  General provisions.

    (a) The occupational safety and health committees described in this 
subpart are organized and maintained basically to monitor and assist an 
agency's safety and health program. These committees assist agencies to 
maintain an open channel of communication between employees and 
management concerning safety and health matters in agency workplaces. 
The committees provide a method by which employees can utilize their 
knowledge of workplace operations to assist agency management to improve 
policies, conditions, and practices.
    (b) Agencies may elect to establish safety and health committees 
meeting the minimum requirements contained in this subpart. Where such 
committees are not established or fail to meet the minimum requirements 
established by the Secretary, the Secretary is authorized by section 1-
401(i) of Executive Order 12196 to conduct unannounced inspections of 
agency workplaces when the Secretary determines them necessary.



Sec.  1960.37  Committee organization.

    (a) For agencies which elect to utilize the committee concept, 
safety and health committees shall be formed at both the national level 
and, for agencies with field or regional offices, at appropriate levels 
within the agency. To realize exemption from unannounced OSHA 
inspections, an agency must form a committee at the national level and 
at any establishment or grouping of establishments that is to be exempt, 
keeping the Secretary advised of the locations and activities where such 
committees are functioning.
    (1) The principal function of the national level committee shall be 
to consult and provide policy advice on, and monitor the performance of, 
the agency-wide safety and health program.
    (2) Committees at other appropriate levels shall be established at 
agency establishments or groupings of establishments consistent with the 
mission, size and organization of the agency and its collective 
bargaining configuration.

[[Page 832]]

The agency shall form committees at the lowest practicable local level. 
The principal function of the establishment (or local) committees is to 
monitor and assist in the execution of the agency's safety and health 
policies and program at the workplaces within their jurisdiction. Any 
dispute over the meaning of the term ``appropriate levels'' shall be 
resolved by the Secretary.
    (b) Committees shall have equal representation of management and 
nonmanagement employees, who shall be members of record.
    (1) Management members of both national level and establishment 
level committees shall be appointed in writing by the person empowered 
to make such appointments.
    (2) Nonmanagement members of establishment level committees shall 
represent all employees of the establishment and shall be determined 
according to the following rules:
    (i) Where employees are represented under collective bargaining 
arrangements, members shall be appointed from among those recommended by 
the exclusive bargaining representative;
    (ii) Where employees are not represented under collective bargaining 
arrangements, members shall be determined through procedures devised by 
the agency which provide for effective representation of all employees; 
and
    (iii) Where some employees of an establishment are covered under 
collective bargaining arrangements and others are not, members shall be 
representative of both groups.
    (3) Nonmanagement members of national level committees shall be 
determined according to the following rules:
    (i) Where employees are represented by organizations having 
exclusive recognition on an agency basis or by organizations having 
national consultation rights, some members shall be determined in 
accordance with the terms of collective bargaining agreements and some 
members shall be selected from those organizations having consultation 
rights, and
    (ii) Where employees are not represented by organizations meeting 
the criteria of paragraph (b)(3)(i) of this section, members shall be 
determined through procedures devised by the agency which provide for 
effective representation of all employees.
    (c) Committee members should serve overlapping terms. Such terms 
should be of at least two years duration, except when the committee is 
initially organized.
    (d) The committee chairperson shall be nominated from among the 
committee's members and shall be elected by the committee members. 
Management and nonmanagement members should alternate in this position. 
Maximum service time as chairperson should be two consecutive years.
    (e) Committees shall establish a regular schedule of meetings and 
special meetings shall be held as necessary; establishment level 
committees shall meet at least quarterly and national committees shall 
meet at least annually.
    (f) Adequate advance notice of committee meetings shall be furnished 
to employees and each meeting shall be conducted pursuant to a prepared 
agenda.
    (g) Written minutes of each committee meeting shall be maintained 
and distributed to each committee member, and upon request, shall be 
made available to employees and to the Secretary.



Sec.  1960.38  Committee formation.

    (a) Upon forming such committees, heads of agencies shall submit 
information to the Secretary concerning the existence, location, and 
coverage, in terms of establishments and population, of such committees, 
certifying to the Secretary that such committees meet the requirements 
of this subpart. The information submitted should include the name and 
telephone numbers of the chairperson of each committee, and should be 
updated annually as part of the annual report required by Sec.  1960.74 
to reflect any changes that may have occurred.
    (b) If, upon evaluation, the Secretary determines that the 
operations of a committee do not meet the requirements of this subpart, 
the Secretary shall notify the agency and identify the deficiencies to 
be remedied. If the agency does not satisfy the Secretary within 90 days 
that the committee meets the requirements of this subpart,

[[Page 833]]

the committee shall not be deemed a committee under Executive Order 
12196 and this part.

[45 FR 69798, Oct. 21, 1980; 45 FR 77003, Nov. 21, 1980, as amended at 
49 FR 3080, Jan. 24, 1984]



Sec.  1960.39  Agency responsibilities.

    (a) Agencies shall make available to committees all agency 
information relevant and necessary to their duties, except where 
prohibited by law. Examples of such information include, but are not 
limited to: The agency's safety and health policies and program; human 
and financial resources available to implement the program; accident, 
injury, and illness data; epidemiological data; employee exposure 
monitoring data; Material Safety Data Sheets; inspection reports; 
reprisal investigation reports; abatement plans; NIOSH hazard evaluation 
reports; and internal and external evaluation reports.
    (b) Agencies shall provide all committee members appropriate 
training as required by subpart H of this part.



Sec.  1960.40  Establishment committee duties.

    (a) The safety and health committee is an integral part of the 
safety and health program, and helps ensure effective implementation of 
the program at the establishment level.
    (b) An establishment committee formed under this subpart shall, 
except where prohibited by law:
    (1) Monitor and assist the safety and health program at 
establishments under its jurisdiction and make recommendations to the 
official in charge on the operation of the program;
    (2) Monitor findings and reports of workplace inspections to confirm 
that appropriate corrective measures are implemented;
    (3) When requested by the agency Safety and Health Official, or when 
the committee deems it necessary for effective monitoring of agency 
establishment inspection procedures, participate in inspections of the 
establishment;
    (4) Review internal and external evaluation reports and make 
recommendations concerning the establishment safety and health program;
    (5) Review, and recommend changes, as appropriate, to procedures for 
handling safety and health suggestions and recommendations from 
employees;
    (6) When requested by the Designated Agency Safety and Health 
Official, or when the committee deems it necessary, comment on standards 
proposed pursuant to the provisions of subpart C of this part;
    (7) Monitor and recommend changes, as required, in the level of 
resources allocated and spent on the establishment safety and health 
program;
    (8) Review agency responses to reports of hazardous conditions, 
safety and health program deficiencies, and allegations of reprisal;
    (9) Report their dissatisfaction to the Secretary if half a 
committee determines there are deficiencies in the establishment's 
safety and health program or is not satisfied with the agency's reports 
of reprisal investigations; and
    (10) Request the Secretary to conduct an evaluation or inspection if 
half the members of record are not satisfied with an agency's response 
to a report of hazardous working conditions.



Sec.  1960.41  National committee duties.

    National committees established under this subpart shall, except 
where prohibited by law:
    (a) Monitor performance of the agency safety and health program and 
make policy recommendations to the head of the agency on the operation 
of the program;
    (b) Monitor and assist in the development and operation of the 
agency's establishment committees. As the committee deems appropriate, 
monitor and review: Reports of inspections; internal and external 
evaluation reports; agency safety and health training programs; proposed 
agency standards; agency plans for abating hazards; and responses to 
reports of hazardous conditions; safety and health program deficiencies; 
and allegations of reprisal;
    (c) Monitor and recommend changes in the resources allocated to the 
entire agency safety and health program;
    (d) Report their dissatisfaction to the Secretary if half a 
committee determines there are deficiencies in the agency's safety and 
health program or

[[Page 834]]

is not satisfied with the agency's reports of reprisal investigations; 
and
    (e) Request the Secretary to conduct an evaluation or inspection if 
half the members of record are not satisfied with an agency's response 
to a report of hazardous working conditions.



                    Subpart G_Allegations of Reprisal



Sec.  1960.46  Agency responsibility.

    (a) The head of each agency shall establish procedures to assure 
that no employee is subject to restraint, interference, coercion, 
discrimination or reprisal for filing a report of an unsafe or 
unhealthful working condition, or other participation in agency 
occupational safety and health program activities, or because of the 
exercise by such employee on behalf of himself or herself or others of 
any right afforded by section 19 of the Act, Executive Order 12196, or 
this part. These rights include, among other, the right of an employee 
to decline to perform his or her assigned task because of a reasonable 
belief that, under the circumstances the task poses an imminent risk of 
death or serious bodily harm coupled with a reasonable belief that there 
is insufficient time to seek effective redress through normal hazard 
reporting and abatement procedures established in accordance with this 
part.
    (b) Based on the Secretary's evaluation of agencies' procedures for 
protecting employees from reprisal, the Secretary shall report to the 
President by September 30, 1982 his findings and recommendations for 
improvements in procedures for the investigation and resolution of 
allegations of reprisal.



Sec.  1960.47  Results of investigations.

    Each agency shall keep occupational safety and health committees 
advised of agency activity regarding allegations of reprisal and any 
agency determinations thereof. Agency officials shall provide copies of 
reprisal investigation findings, if any, to the Secretary and to the 
appropriate safety and health committee.



                           Subpart H_Training



Sec.  1960.54  Training of top management officials.

    Each agency shall provide top management officials with orientation 
and other learning experiences which will enable them to manage the 
occupational safety and health programs of their agencies. Such 
orientation should include coverage of section 19 of the Act, Executive 
Order 12196, the requirements of this part, and the agency safety and 
health program.



Sec.  1960.55  Training of supervisors.

    (a) Each agency shall provide occupational safety and health 
training for supervisory employees that includes: supervisory 
responsibility for providing and maintaining safe and healthful working 
conditions for employees, the agency occupational safety and health 
program, section 19 of the Act, Executive Order 12196, this part, 
occupational safety and health standards applicable to the assigned 
workplaces, agency procedures for reporting hazards, agency procedures 
for reporting and investigating allegations of reprisal, and agency 
procedures for the abatement of hazards, as well as other appropriate 
rules and regulations.
    (b) This supervisory training should include introductory and 
specialized courses and materials which will enable supervisors to 
recognize and eliminate, or reduce, occupational safety and health 
hazards in their working units. Such training shall also include the 
development of requisite skills in managing the agency's safety and 
health program within the work unit, including the training and 
motivation of subordinates toward assuring safe and healthful work 
practices.



Sec.  1960.56  Training of safety and health specialists.

    (a) Each agency shall provide occupational safety and health 
training for safety and health specialists through courses, laboratory 
experiences, field study, and other formal learning experiences to 
prepare them to perform the necessary technical monitoring, consulting, 
testing, inspecting, designing, and other tasks related to program 
development and implementation, as well

[[Page 835]]

as hazard recognition, evaluation and control, equipment and facility 
design, standards, analysis of accident, injury, and illness data, and 
other related tasks.
    (b) Each agency shall implement career development programs for 
their occupational safety and health specialists to enable the staff to 
meet present and future program needs of the agency.



Sec.  1960.57  Training of safety and health inspectors.

    Each agency shall provide training for safety and health inspectors 
with respect to appropriate standards, and the use of appropriate 
equipment and testing procedures necessary to identify and evaluate 
hazards and suggest general abatement procedures during or following 
their assigned inspections, as well as preparation of reports and other 
documentation to support the inspection findings.



Sec.  1960.58  Training of collateral duty safety and health 
personnel and committee members.

    Within six months after October 1, 1980, or on appointment of an 
employee to a collateral duty position or to a committee, each agency 
shall provide training for collateral duty safety and health personnel 
and all members of certified occupational safety and health committees 
commensurate with the scope of their assigned responsibilities. Such 
training shall include: The agency occupational safety and health 
program; section 19 of the Act; Executive Order 12196; this part; agency 
procedures for the reporting, evaluation and abatement of hazards; 
agency procedures for reporting and investigating allegations of 
reprisal, the recognition of hazardous conditions and environments; 
identification and use of occupational safety and health standards, and 
other appropriate rules and regulations.



Sec.  1960.59  Training of employees and employee representatives.

    (a) Each agency shall provide appropriate safety and health training 
for employees including specialized job safety and health training 
appropriate to the work performed by the employee, for example: 
Clerical; printing; welding; crane operation; chemical analysis, and 
computer operations. Such training also shall inform employees of the 
agency occupational safety and health program, with emphasis on their 
rights and responsibilities.
    (b) Occupational safety and health training for employees of the 
agency who are representatives of employee groups, such as labor 
organizations which are recognized by the agency, shall include both 
introductory and specialized courses and materials that will enable such 
groups to function appropriately in ensuring safe and healthful working 
conditions and practices in the workplace and enable them to effectively 
assist in conducting workplace safety and health inspections. Nothing in 
this paragraph shall be construed to alter training provisions provided 
by law, Executive Order, or collective bargaining arrangements.



Sec.  1960.60  Training assistance.

    (a) Agency heads may seek training assistance from the Secretary of 
Labor, the National Institute for Occupational Safety and Health and 
other appropriate sources.
    (b) After the effective date of Executive Order 12196, the Secretary 
shall, upon request and with reimbursement, conduct orientation for 
Designated Agency Safety and Health Officials and/or their designees 
which will enable them to manage the occupational safety and health 
programs of their agencies. Such orientation shall include coverage of 
section 19 of the Act, Executive Order 12196, and the requirements of 
this part.
    (c) Upon request and with reimbursement, the Department of Labor 
shall provide each agency with training materials to assist in 
fulfilling the training needs of this subpart, including resident and 
field training courses designed to meet selected training needs of 
agency safety and health specialists, safety and health inspectors, and 
collateral duty safety and health personnel. These materials and courses 
in no way reduce each agency's responsibility to provide whatever 
specialized training is required by the unique characteristics of its 
work.

[[Page 836]]

    (d) In cooperation with OPM, the Secretary will develop guidelines 
and/or provide materials for the safety and health training programs for 
high-level managers, supervisors, members of committees, and employee 
representatives.



           Subpart I_Recordkeeping and Reporting Requirements

    Source: 69 FR 68804, Nov. 26, 2004, unless otherwise noted.



Sec.  1960.66  Purpose, scope and general provisions.

    (a) The purpose of this subpart is to establish uniform requirements 
for collecting and compiling by agencies of occupational safety and 
health data, for proper evaluation and necessary corrective action, and 
to assist the Secretary in meeting the requirement to develop and 
maintain an effective program of collection, compilation, and analysis 
of occupational safety and health statistics.
    (b) Except as modified by this subpart, Federal agency injury and 
illness recording and reporting requirements shall comply with the 
requirements under 29 CFR part 1904, subparts C, D, E, and G, except 
that the definition of ``establishment'' found in 29 CFR 1960.2(h) will 
remain applicable to Federal agencies.
    (c) Each agency shall utilize the information collected through its 
management information system to identify unsafe and unhealthful working 
conditions, and to establish program priorities.
    (d) The provisions of this subpart are not intended to discourage 
agencies from utilizing recordkeeping and reporting forms which contain 
a more detailed breakdown of information than the recordkeeping and 
reporting forms provided by the Department of Labor. Because of the 
unique nature of the national recordkeeping program, Federal agencies 
must have recording and reporting requirements that are the same as 29 
CFR part 1904 for determining which injuries and illnesses will be 
entered into the records and how they are entered. All other injury and 
illness recording and reporting requirements used by any Federal agency 
may be more stringent than, or supplemental to, the requirements of 29 
CFR part 1904, but must not interfere with the agency's ability to 
provide the injury and illness information required by 29 CFR part 1904.
    (e) Information concerning occupational injuries and illnesses or 
accidents which, pursuant to statute or Executive Order, must be kept 
secret in the interest of national defense or foreign policy shall be 
recorded on separate forms. Such records shall not be submitted to the 
Department of Labor but may be used by the appropriate Federal agency in 
evaluating the agency's program to reduce occupational injuries, 
illnesses and accidents.

    Note to Sec.  1960.66: The recording or reporting of a work-related 
injury, illness or fatality does not constitute an admission that the 
Federal agency, or other individual was at fault or otherwise 
responsible for purposes of liability. Such recording or reporting does 
not constitute an admission of the existence of an employer/employee 
relationship between the individual recording the injury and the injured 
individual. The recording or reporting of any such injury, illness or 
fatality does not mean that an OSHA rule has been violated or that the 
individual in question is eligible for workers' compensation or any 
other benefits. The requirements of this part do not diminish or modify 
in any way a Federal agency's responsibilities to report or record 
injuries and illnesses as required by the Office of Workers' 
Compensation Programs under the Federal Employees' Compensation Act 
(FECA), 5 U.S.C. 8101 et seq.
    (f) Retention and access of employee exposure and medical records 
shall be in accordance with 29 CFR 1910.1020.

[69 FR 68804, Nov. 26, 2004, as amended at 78 FR 47190, Aug. 5, 2013]



Sec.  1960.67  Federal agency certification of the injury and illness 
annual summary (OSHA 300-A or equivalent).

    As required by 29 CFR 1904.32, a company executive must certify that 
he or she has examined the OSHA 300 Log and that he or she believes, 
based on his or her knowledge of the process by which the information 
was recorded, that the annual summary is correct and complete. For 
Federal establishments, the person who performs the certification shall 
be one of the following:

[[Page 837]]

    (a) The senior establishment management official,
    (b) The head of the Agency for which the senior establishment 
management official works, or
    (c) Any management official who is in the direct chain of command 
between the senior establishment management official and the head of the 
Agency.

    Note to Sec.  1960.67: The requirement for certification of Federal 
agency injury and illness records in this section is necessary because 
the private sector position titles contained in 29 CFR part 1904 do not 
fit the Federal agency position titles for agency executives. The 
Federal officials listed in this section are intended to be the 
equivalent of the private sector officials who are required to certify 
records under Sec.  1904.32(b)(4).



Sec.  1960.68  Prohibition against discrimination.

    Section 1904.36 of this chapter refers to Section 11(c) of the 
Occupational Safety and Health Act. For Federal agencies, the words 
``Section 11(c)'' shall be read as ``Executive Order 12196 Section 1-
201(f).''

    Note to Sec.  1960.68: Section 11(c) of the Occupational Safety and 
Health Act only applies to private sector employers and the U.S. Postal 
Service. The corresponding prohibitions against discrimination 
applicable to Federal employers are contained in Section 1-201(f) of 
Executive Order 12196, 45 FR 12769, 3 CFR, 1980 Comp. p. 145.



Sec.  1960.69  Retention and updating of old forms.

    Federal agencies must retain copies of the recordkeeping records 
utilized under the system in effect prior to January 1, 2005 for five 
years following the year to which they relate and continue to provide 
access to the data as though these forms were the OSHA Form 300 Log and 
Form 301 Incident Report. Agencies are not required to update the old 
forms.



Sec.  1960.70  Reporting of serious accidents.

    Agencies must provide the Office of Federal Agency Programs with a 
summary report of each fatal and catastrophic accident investigation. 
The summaries shall address the date/time of accident, agency/
establishment named and location, and consequences, description of 
operation and the accident, causal factors, applicable standards and 
their effectiveness, and agency corrective/preventive actions.

    Note to Sec.  1960.70: The requirements of this section are in 
addition to the requirements for reporting fatalities and multiple 
hospitalization incidents to OSHA under 29 CFR 1904.39.



Sec.  1960.71  Agency annual reports.

    (a) The Act and E.O. 12196 require all Federal agency heads to 
submit to the Secretary an annual report on their agency's occupational 
safety and health program, containing such information as the Secretary 
prescribes.
    (1) Each agency must submit to the Secretary by May 1 of each year a 
report describing the agency's occupational safety and health program of 
the previous calendar year and objectives for the current fiscal year. 
The report shall include a summary of the agency's self-evaluation 
finding as required by Sec.  1960.78(b).
    (2) The Secretary must provide the agencies with the guidelines and 
format for the reports at the time they are requested.
    (3) The agency reports will be used in preparing the Secretary's 
report to the President.
    (b) The Secretary will submit to the President by January 1 of each 
year a summary report of the status of the occupational safety and 
health of Federal employees based on agency reports, evaluations of 
individual agency progress and problems in correcting unsafe or 
unhealthful working conditions, and recommendations for improving their 
performance.

[69 FR 68804, Nov. 26, 2004, as amended at 78 FR 47190, Aug. 5, 2013]



Sec.  1960.72  Reporting Federal Agency Injury and Illness Information.

    (a) Each agency must submit to the Secretary by May 1 of each year 
all information included on the agency's previous calendar year's 
occupational injury and illness recordkeeping forms. The information 
submitted must include all data entered on the OSHA Form 300, Log of 
Work-Related Injuries and Illnesses (or equivalent); OSHA Form 301, 
Injury and Illness Incident Report (or equivalent); and OSHA

[[Page 838]]

Form 300A, Summary of Work-Related Injuries and Illnesses (or 
equivalent).
    (b) The Secretary must provide each agency by January 15 of each 
year with the format and guidelines for electronically submitting the 
agency's occupational injury and illness recordkeeping information.
    (c) Each agency must submit to the Secretary by May 1, 2014, a list 
of all establishments. The list must include information about the 
department/agency affiliation, NAICS code, a street address, city, state 
and zip code. Federal agencies are also responsible for updating their 
list of establishments by May 1 of each year when they submit the annual 
report to the Secretary required by Sec.  1960.71(a)(1).

[78 FR 47190, Aug. 5, 2013]



Sec.  1960.73  Federal agency injury and illness recordkeeping forms.

    (a) When filling out the OSHA Form 300 or equivalent, each agency 
must enter the employee's OPM job series number and job title in Column 
(c).
    (b) When recording the injuries and illnesses of uncompensated 
volunteers, each agency must enter a ``V'' before the OPM job series 
number in Column (c) of the OSH Form 300 log or equivalent.
    (c) Each agency must calculate the total number of hours worked by 
uncompensated volunteers.

[78 FR 47191, Aug. 5, 2013]



Sec.  1960.74  [Reserved]



 Subpart J_Evaluation of Federal Occupational Safety and Health Programs



Sec.  1960.78  Purpose and scope.

    (a) The purpose of this subpart is to establish a comprehensive 
program for the evaluation of Federal employee occupational safety and 
health programs. This subpart includes the responsibilities of agency 
heads in conducting self-evaluations of the effectiveness of their 
occupational safety and health programs, and the responsibilities of the 
Secretary in evaluating the extent to which each agency head has 
developed and implemented agency programs in accordance with the 
requirements of Executive Order 12196 and this part.
    (b) Agency heads shall develop and implement a program for 
evaluating the effectiveness of their agency's occupational safety and 
health program. An annual summary report shall be submitted to the 
Secretary covering self-evaluations conducted during the previous year.
    (c) The Secretary shall conduct a comprehensive evaluation of each 
Federal agency's occupational safety and health program. Evaluations 
shall be conducted on a regular schedule to determine the performance 
levels of each agency's program. The Secretary shall submit to the 
President each year: A summary report of the status of the occupational 
safety and health of Federal employees; Department of Labor evaluations, 
together with agency responses, of individual agency progress and 
problems in correcting unsafe and unhealthful working conditions, and 
recommendations for improving agency's performance.



Sec.  1960.79  Self-evaluations of occupational safety and health programs.

    Agency heads shall develop and implement a program of self-
evaluations to determine the effectiveness of their occupational safety 
and health programs. The self-evaluations are to include qualitative 
assessments of the extent to which their agency safety and health 
programs are:
    (a) Developed in accordance with the requirements set forth in 
Executive Order 12196 and this part and,
    (b) Implemented effectively in all agency field activities.


Agencies needing assistance in developing a self-evaluation program 
should contact the Secretary.



Sec.  1960.80  Secretary's evaluations of agency occupational safety 
and health programs.

    (a) In accordance with section 1-401(h), the Secretary shall develop 
a comprehensive program for evaluating an agency's occupational safety 
and health program. To accomplish this, the Secretary shall conduct:

[[Page 839]]

    (1) A complete and extensive evaluation of all elements of an 
agency's occupational safety and health program on a regular basis;
    (2) Special studies of limited areas of an agency's occupational 
safety and health program as deemed necessary by the Secretary; and
    (3) Field reviews and scheduled inspections of agency workplaces as 
deemed necessary by the Secretary.
    (b) The Secretary shall develop and distribute to Federal agencies 
detailed information on the Department of Labor's evaluation program. 
The information shall include, but is not limited to:
    (1) The major program elements included in a complete and extensive 
evaluation of an agency's occupational safety and health program;
    (2) The methods and factors used to determine the effectiveness of 
each element of an agency's program;
    (3) The factors used to define ``large'' or ``more hazardous'' 
Federal agencies, establishments, or operations;
    (4) The procedures for conducting evaluations including field visits 
and scheduled inspections; and
    (5) The reporting format for agency heads in submitting annual 
summaries of their self-evaluation programs.
    (c) Prior to the initiation of an agency evaluation, the Department 
of Labor will review the annual agency self-evaluation summary report. 
The Secretary will then develop a program evaluation plan before the 
initiation of an agency evaluation. A copy of the plan shall be 
furnished to the agency to be evaluated at the time of the notification 
of the evaluation.
    (d) To facilitate the evaluation process and to insure full 
understanding of the procedures to be followed and the support required 
from the agency, the Secretary, or the Secretary's representative, shall 
conduct an opening conference with the agency head or designee. At the 
opening conference, the Secretary's authority and evaluation plan will 
be explained.
    (e) The agency evaluation should be completed within 90 calendar 
days of the date of the opening conference.
    (f) A report of the evaluation shall be submitted to the agency head 
by the Secretary within 90 calendar days from the date of the closing 
conference.
    (g) Agency heads shall respond to the evaluation report within 60 
calendar days of receipt of the report.

[45 FR 69798, Oct. 21, 1980; 45 FR 77003, Nov. 21, 1980]



           Subpart K_Field Federal Safety and Health Councils



Sec.  1960.84  Purpose.

    (a) Executive Order 12196 provides that the Secretary shall 
``facilitate the exchange of ideas and information throughout the 
Government about occupational safety and health.''
    (b) Consistent with this objective, the Secretary will continue to 
sponsor and/or provide guidance for those Field Federal Safety and 
Health Councils now established and in operation, and establish new 
field councils as necessary. The field councils will consist primarily 
of qualified representatives of local area Federal field activities 
whose duties pertain to occupational safety and health, and also of 
representatives of recognized local labor organizations, or other 
civilian employee organizations, at local area Federal field activities. 
For the purpose of this subpart the definition of field activity will be 
provided by each agency.



Sec.  1960.85  Role of the Secretary.

    (a) The Secretary shall maintain liaison with agency heads to ensure 
that they encourage their field activities to participate actively in 
field council programs. To ensure maximum participation, the field 
councils' annual reports to the Secretary shall provide descriptions of 
the degree of management and employee participation by the defined 
Federal field activities. The Secretary shall annually furnish each 
agency head with a report consolidating the information received as to 
the participation of the agency's several field installations in field 
council activities.
    (b) The Secretary shall provide leadership and guidance and make 
available necessary equipment, supplies, and staff services to the Field 
Federal Safety and Health Councils to assist

[[Page 840]]

them in carrying out their responsibilities. The Secretary shall also 
provide consultative and technical services to field councils. These 
services shall involve aid in any phase of developing and planning 
programs; and in sponsoring, conducting or supporting safety and health 
training courses.



Sec.  1960.86  Establishing councils.

    (a) Those field councils established and in operation prior to the 
effective date of this subpart will continue to function without 
interruption provided they are operating in accordance with the 
provision of their charter and this subpart.
    (b) The Secretary may establish a council in any area where ten or 
more Federal establishments totaling 300 or more employees are located 
within an area having a radius of 50 miles, and there is substantial 
agreement among the agencies that such a council would be useful. In any 
such area where there is no council already established, a field 
representative of the Secretary may, upon his own initiative or at the 
request of any establishment within the area, contact representatives of 
all establishments within the area and encourage the organization of a 
field council.
    (c) After a new council has been organized, officers elected, and 
articles of organization drafted and accepted by the council membership, 
a formal request for recognition as a field council shall be sent to the 
Secretary. Upon approval of the Articles of Organization, a charter will 
be issued.
    (d) At the first general meeting of the council, committees should 
be appointed and the cooperation of all participants should be solicited 
to aid the functioning of committees and the successful accomplishment 
of the council's objectives.



Sec.  1960.87  Objectives.

    The basic objective of field councils is to facilitate the exchange 
of ideas and information to assist agencies to reduce the incidence, 
severity and cost of occupational accidents, injuries, and illnesses. 
Field councils shall act on behalf of the Secretary or his designees on 
occupational safety and health activities in carrying out within their 
respective geographic areas the following functions:
    (a) To act as a clearinghouse on information and data on 
occupational accidents, injuries, and illnesses and their prevention.
    (b) To plan, organize and conduct field council meetings or programs 
which will give technical advice and information on occupational safety 
and health to representatives of participating agencies and employee 
organizations.
    (c) To promote improvement of safety and health programs and 
organizations in each Federal agency represented or participating in 
council activities.
    (d) To promote coordination, cooperation, and sharing of resources 
and expertise to aid agencies with inadequate or limited resources. 
These objectives can be accomplished in a variety of ways. For example, 
field councils could organize and conduct training programs for employee 
representatives, collateral duty and professional safety and health 
personnel, coordinate or promote programs for inspections, or, on 
request, conduct inspections and evaluations of the agencies' safety and 
health programs.
    (e) To provide Federal Executive Boards, Federal Executive 
Associations, labor union organizations and other employee 
representatives with information on the administrative and technical 
aspects of safety and health programs.
    (f) To evaluate the safety and health problems peculiar to local 
conditions and facilitate solutions to these problems through council 
activities.
    (g) To develop a cooperative relationship with local community 
leaders by informing them of the existing functions and objectives of 
the council and by calling on them for support and participation in 
council meetings and activities.



Sec.  1960.88  Membership and participation.

    (a) Each field council shall consist of the designated 
representatives of local Federal activities appointed by their 
respective activity heads, after consultation with appropriate employee

[[Page 841]]

representatives and appropriate certified safety and health committees.
    (b) Federal agency heads should encourage each field activity having 
responsibility for the safety and health of agency employees to 
participate in the programs of these councils.
    (c) Each activity head shall appoint an equal number of officially 
designated representatives (with designated alternates), from management 
and from nonmanagement employees, consistent with applicable collective 
bargaining arrangements.
    (d) Representatives shall be selected from individuals in the 
following categories:
    (1) Federal occupational safety and health professionals.
    (2) Related Federal professionals, or collateral duty personnel. 
This includes persons employed in professions or occupations related to 
or concerned with safety and health of employees.
    (3) Line management officials.
    (4) Representatives of recognized Federal labor or other employee 
organizations.
    (i) Where certified occupational safety and health committees exist, 
nonmanagement members of the committees shall be given the opportunity 
to select one individual for official appointment to field councils by 
the activity head.
    (ii) Where employees are represented by collective bargaining 
arrangements, but no committee exists, nonmanagement members of field 
councils shall be selected from among those recommended by the exclusive 
bargaining representatives for official appointment to field councils by 
the activity head.
    (iii) Where some employees in an activity are represented by 
collective bargaining arrangements and others are not, the agency head 
should solicit nominations for the agency's designated nonmanagement 
representative and alternate both from lawful labor organization(s) with 
collective bargaining status and from employees not represented through 
collective bargaining and should select from the nominees for official 
appointment as designated employee representatives on the field council.
    (e) Representatives from non-Federal organizations. Associate 
membership may be granted to any non-Federally employed person who 
demonstrated interest in occupational safety and health. An associate 
member has no voting rights and may not hold any office.
    (f) No maximum limitation shall be imposed by a council on itself, 
in regard to the numbers of personnel in any of the above categories 
that may attend meetings and/or participate in field council activities. 
An agency is free to have any number of individuals, in addition to the 
officially designated representatives participate in council activities.
    (g) Only officially designated agency representatives or their 
alternates shall have voting privileges. All representatives and 
participants shall serve without additional compensation.
    (h) Travel funds shall be made available equally to management and 
nonmanagement employee representatives.



Sec.  1960.89  Organization.

    (a) Field council officers shall include, as a minimum, a 
chairperson, vice chairperson, and secretary. Officers shall be elected 
for a one or two-year term on a calendar year basis by a majority vote 
of the designated representatives. Election of officers shall be held at 
least 60 days before the beginning of a calendar year. The election may 
be conducted at a regularly scheduled meeting or by letter ballot.
    (b) Each council shall notify the appropriate OSHA Regional Office 
and the Office of Federal Agency Safety and Health Programs of the name, 
agency address, and telephone number of each newly elected official.
    (c) Each council shall have an Executive Committee consisting of all 
elected officers, chairpersons of appointed committees and the immediate 
past chairperson of the field council.
    (d) In addition to the Executive Committee, each council shall have 
either a membership committee, a program committee and a finance 
committee, or a council official designated responsibility in these 
areas. Additional committees may be appointed by the chairperson for 
specific purposes as warranted.

[[Page 842]]



Sec.  1960.90  Operating procedures.

    (a) The Executive Committee of each council shall meet at least 45 
days before the beginning of each calendar year to approve an annual 
program for the council designed to accomplish the objectives and 
functions stated in Sec.  1960.87. In addition, the Executive Committee 
shall meet periodically to ensure that the meetings and other activities 
of the council are being conducted as outlined in the council schedule.
    (b) The council program shall include at least four meetings or 
activities per year dealing with occupational safety and health issues.
    (c) Each field council shall submit to the Secretary or his designee 
by March 15 of each year a report describing the activities and programs 
of the previous calendar year and plans for the current year. In 
addition, the report shall address the participation and attendance of 
designated representatives of the council. The Office of Federal Agency 
Safety and Health Programs, OSHA, shall furnish guidelines to field 
councils concerning the preparation of this report.
    (d) Upon determination that a council is not operating in accordance 
with its charter and the provisions of this subpart, and after 
consultation with appropriate OSHA regional officials, the Secretary 
shall revoke the council's charter. Upon revocation of a charter, the 
council shall surrender all its government property to the appropriate 
OSHA regional official. Any continuing or future organization in the 
same geographical area shall not use the title Field Federal Safety and 
Health Council, or any derivation thereof, unless formally rechartered 
by the Secretary. Notification of revocation of a council's charter 
shall be sent to the chairperson, where identifiable, and to the 
appropriate OSHA Regional Office.



PART 1975_COVERAGE OF EMPLOYERS UNDER THE WILLIAMS-STEIGER OCCUPATIONAL 
SAFETY AND HEALTH ACT OF 1970--Table of Contents



Sec.
1975.1 Purpose and scope.
1975.2 Basis of authority.
1975.3 Extent of coverage.
1975.4 Coverage.
1975.5 States and political subdivisions thereof.
1975.6 Policy as to domestic household employment activities in private 
          residences.

    Authority: Secs. 2, 3, 4, 8, Occupational Safety and Health Act of 
1970 (29 U.S.C. 651, 652, 653, 657); Secretary of Labor's Order No. 12-
71 (36 FR 8754).

    Source: 37 FR 929, Jan. 21, 1972, unless otherwise noted.



Sec.  1975.1  Purpose and scope.

    (a) Among other things, the Williams-Steiger Act poses certain 
duties on employers. This part has the limited purpose and scope of 
clarifying which persons are considered to be employers either as a 
matter of interpretation of the intent and terms of the Act or as a 
matter of policy appropriate to administering and enforcing the Act. In 
short, the purpose and scope of this part is to indicate which persons 
are covered by the Act as employers and, as such, subject to the 
requirements of the Act.
    (b) It is not the purpose of this part to indicate the legal effect 
of the Act, once coverage is determined. Section 4(b)(1) of the Act 
provides that the statute shall be inapplicable to working conditions to 
the extent they are subject to another Federal agency's exercise of 
different statutory authority affecting the occupational safety and 
health aspects of those conditions. Therefore, a person may be 
considered an employer covered by the Act, and yet standards issued 
under the Act respecting certain working conditions would not be 
applicable to the extent those conditions were subject to another 
agency's authority.



Sec.  1975.2  Basis of authority.

    The power of Congress to regulate employment conditions under the 
Williams-Steiger Occupational Safety and Health Act of 1970, is derived 
mainly from the Commerce Clause of the Constitution. (section 2(b), Pub. 
L. 91-596; U.S. Constitution, Art. I, Sec. 8, Cl. 3; ``United States v. 
Darby,'' 312 U.S. 100.) The reach of the Commerce Clause extends beyond 
Federal regulation of the channels and instrumentalities of

[[Page 843]]

interstate commerce so as to empower Congress to regulate conditions or 
activities which affect commerce even though the activity or condition 
may itself not be commerce and may be purely intrastate in character. 
(``Gibbons v. Ogden,'' 9 Wheat. 1, 195; ``United States v. Darby,'' 
supra; ``Wickard v. Filburn,'' 317 U.S. 111, 117; and ``Perez v. United 
States,'' 91 S. Ct. 1357 (1971).) And it is not necessary to prove that 
any particular intrastate activity affects commerce, if the activity is 
included in a class of activities which Congress intended to regulate 
because the class affects commerce. (``Heart of Atlanta Motel, Inc. v. 
United States,'' 379 U.S. 241; ``Katzenbach v. McClung,'' 379 U.S. 294; 
and ``Perez v. United States,'' supra.) Generally speaking, the class of 
activities which Congress may regulate under the commerce power may be 
as broad and as inclusive as Congress intends, since the commerce power 
is plenary and has no restrictions placed on it except specific 
constitutional prohibitions and those restrictions Congress, itself, 
places on it. (``United States v. Wrightwood Dairy Co.,'' 315 U.S. 110; 
and ``United States v. Darby,'' supra.) Since there are no specific 
constitutional prohibitions involved, the issue is reduced to the 
question: How inclusive did Congress intend the class of activities to 
be under the Williams-Steiger Act?



Sec.  1975.3  Extent of coverage.

    (a) Section 2(b) of the Williams-Steiger Occupational Safety and 
Health Act (Public Law 91-596) sets forth the purpose and policy of 
Congress in enacting this legislation. In pertinent part, that section 
reads as follows:

    (b) Congress declares it to be its purpose and policy, through the 
exercise of its powers to regulate commerce among the several States and 
with foreign nations and to provide for the general welfare, to assure 
so far as possible every working man and woman in the Nation safe and 
healthful working conditions and to preserve our human resources * * *


Congressman William Steiger described the scope of the Act's coverage in 
the following words during a discussion of the legislation on the floor 
of the House of Representatives:

    The coverage of this bill is as broad, generally speaking, as the 
authority vested in the Federal Government by the commerce clause of the 
Constitution (Cong. Rec., vol. 116, p. H-11899, Dec. 17, 1970)


The legislative history, as a whole, clearly shows that every amendment 
or other proposal which would have resulted in any employee's being left 
outside the protections afforded by the Act was rejected. The reason for 
excluding no employee, either by exemption or limitation on coverage, 
lies in the most fundamental of social purposes of this legislation 
which is to protect the lives and health of human beings in the context 
of their employment.
    (b) The Williams-Steiger Act includes special provisions (sections 
19 and 18(c)(6)) for the protection of Federal and State employees to 
whom the Act's other provisions are made inapplicable under section 
3(5), which excludes from the definition of the term ``employer'' both 
the United States and any State or political subdivision of a State.
    (c) In the case of section 4(b)(1) of the Act, which makes the Act 
inapplicable to working conditions to the extent they are protected 
under laws administered by other Federal agencies, Congress did not 
intend to grant any general exemptions under the Act; its sole purpose 
was to avoid duplication of effort by Federal agencies in establishing a 
national policy of occupational safety and health protection.
    (d) Interpretation of the provisions and terms of the Williams-
Steiger Act must of necessity be consistent with the express intent of 
Congress to exercise its commerce power to the extent that, ``so far as 
possible, every working man and woman in the Nation'' would be protected 
as provided for in the Act. The words ``so far as possible'' refer to 
the practical extent to which governmental regulation and expended 
resources are capable of achieving safe and healthful working 
conditions; the words are not ones of limitation on coverage. The 
controlling definition for the purpose of coverage under the Act is that 
of ``employer'' contained in section 3(5). This term is defined as 
follows:

    (5) The term ``employer'' means any person engaged in a business 
affecting commerce

[[Page 844]]

who has employees, but does not include the United States or any State 
or political subdivision of a State.


In carrying out the broad coverage mandate of Congress, we interpret the 
term ``business'' in the above definition as including any commercial or 
noncommercial activity affecting commerce and involving the employment 
of one or more employees; the term ``commerce'' is defined in the Act 
itself, in section 3(3). Since the legislative history and the words of 
the statute, itself, indicate that Congress intended the full exercise 
of its commerce power in order to reduce employment-related hazards 
which, as a whole impose a substantial burden on commerce, it follows 
that all employments where such hazards exist or could exist (that is, 
those involving the employment of one or more employees) were intended 
to be regulated as a class of activities which affects commerce.



Sec.  1975.4  Coverage.

    (a) General. Any employer employing one or more employees would be 
an ``employer engaged in a business affecting commerce who has 
employees'' and, therefore, he is covered by the Act as such.
    (b) Clarification as to certain employers--(1) The professions, such 
as physicians, attorneys, etc. Where a member of a profession, such as 
an attorney or physician, employs one or more employees such member 
comes within the definition of an employer as defined in the Act and 
interpreted thereunder and, therefore, such member is covered as an 
employer under the Act and required to comply with its provisions and 
with the regulations issued thereunder to the extent applicable.
    (2) Agricultural employers. Any person engaged in an agricultural 
activity employing one or more employees comes within the definition of 
an employer under the Act, and therefore, is covered by its provisions. 
However, members of the immediate family of the farm employer are not 
regarded as employees for the purposes of this definition.
    (3) Indians. The Williams-Steiger Act contains no special provisions 
with respect to different treatment in the case of Indians. It is well 
settled that under statutes of general application, such as the 
Williams-Steiger Act, Indians are treated as any other person, unless 
Congress expressly provided for special treatment. ``FPC v. Tuscarora 
Indian Nation,'' 362 U.S. 99, 115-118 (1960); ``Navajo Tribe v. 
N.L.R.B.,'' 288 F.2d 162, 164-165 (D.C. Cir. 1961), cert. den. 366 U.S. 
928 (1961). Therefore, provided they otherwise come within the 
definition of the term ``employer'' as interpreted in this part, Indians 
and Indian tribes, whether on or off reservations, and non-Indians on 
reservations, will be treated as employers subject to the requirements 
of the Act.
    (4) Nonprofit and charitable organizations. The basic purpose of the 
Williams-Steiger Act is to improve working environments in the sense 
that they impair, or could impair, the lives and health of employees. 
Therefore, certain economic tests such as whether the employer's 
business is operated for the purpose of making a profit or has other 
economic ends, may not properly be used as tests for coverage of an 
employer's activity under the Williams-Steiger Act. To permit such 
economic tests to serve as criteria for excluding certain employers, 
such as nonprofit and charitable organizations which employ one or more 
employees, would result in thousands of employees being left outside the 
protections of the Williams-Steiger Act in disregard of the clear 
mandate of Congress to assure ``every working man and woman in the 
Nation safe and healthful working conditions * * *''. Therefore, any 
charitable or non-profit organization which employs one or more 
employees is covered under the Williams-Steiger Act and is required to 
comply with its provisions and the regulations issued thereunder. (Some 
examples of covered charitable or non-profit organizations would be 
disaster relief organizations, philanthropic organizations, trade 
associations, private educational institutions, labor organizations, and 
private hospitals.)
    (c) Coverage of churches and special policy as to certain church 
activities--(1) Churches. Churches or religious organizations, like 
charitable and nonprofit organizations, are considered employers under 
the Act where they employ

[[Page 845]]

one or more persons in secular activities. As a matter of enforcement 
policy, the performance of, or participation in, religious services (as 
distinguished from secular or proprietary activities whether for 
charitable or religion-related purposes) will be regarded as not 
constituting employment under the Act. Any person, while performing 
religious services or participating in them in any degree is not 
regarded as an employer or employee under the Act, notwithstanding the 
fact that such person may be regarded as an employer or employee for 
other purposes--for example, giving or receiving remuneration in 
connection with the performance of religious services.
    (2) Examples. Some examples of coverage of religious organizations 
as employers would be: A private hospital owned or operated by a 
religious organization; a private school or orphanage owned or operated 
by a religious organization; commercial establishments of religious 
organizations engaged in producing or selling products such as alcoholic 
beverages, bakery goods, religious goods, etc.; and administrative, 
executive, and other office personnel employed by religious 
organizations. Some examples of noncoverage in the case of religious 
organizations would be: Clergymen while performing or participating in 
religious services; and other participants in religious services; 
namely, choir masters, organists, other musicians, choir members, 
ushers, and the like.



Sec.  1975.5  States and political subdivisions thereof.

    (a) General. The definition of the term ``employer'' in section 3(5) 
of the Act excludes the United States and States and political 
subdivisions of a State:

    (5) The term ``employer'' means a person engaged in a business 
affecting commerce who has employees, but does not include the United 
States or any State or political subdivision of a State.


The term ``State'' is defined as follows in section 3(7) of the Act:

    (7) The term ``State'' includes a State of the United States, the 
District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, 
Guam, and the Trust Territory of the Pacific Islands.


Since States, as defined in section 3(7) of the Act, and political 
subdivisions thereof are not regarded as employers under section 3(5) of 
the Act, they would not be covered as employers under the Act, except to 
the extent that section 18(c)(6), and the pertinent regulations 
thereunder, require as a condition of approval by the Secretary of Labor 
of a State plan that such plan:

    (6) Contain[s] satisfactory assurances that such State will, to the 
extent permitted by its law, establish and maintain an effective and 
comprehensive occupational safety and health program applicable to all 
employees of public agencies of the State and its political 
subdivisions, which program is as effective as the standards contained 
in an approved plan.

    (b) Tests. Any entity which has been (1) created directly by the 
State, so as to constitute a department or administrative arm of the 
government, or (2) administered by individuals who are controlled by 
public officials and responsible to such officials or to the general 
electorate, shall be deemed to be a ``State or political subdivision 
thereof'' under section 3(5) of the Act and, therefore, not within the 
definition of employer, and, consequently, not subject to the Act as an 
employer.
    (c) Factors for meeting the tests. Various factors will be taken 
into consideration in determining whether an entity meets the test 
discussed above. Some examples of these factors are:

    Are the individuals who administer the entity appointed by a public 
official or elected by the general electorate?
    What are the terms and conditions of the appointment?
    Who may dismiss such individuals and under what procedures?
    What is the financial source of the salary of these individuals?
    Does the entity earn a profit? Are such profits treated as revenue?
    How are the entity's functions financed? What are the powers of the 
entity and are they usually characteristic of a government rather than a 
private instrumentality like the power of eminent domain?
    How is the entity regarded under State and local law as well as 
under other Federal laws?
    Is the entity exempted from State and local tax laws?
    Are the entity's bonds, if any, tax-exempt? As to the entity's 
employees, are they regarded like employees of other State and political 
subdivisions?

[[Page 846]]

    What is the financial source of the employee-payroll?
    How do employee fringe benefits, rights, obligations, and 
restrictions of the entity's employees compare to those of the employees 
of other State and local departments and agencies?


In evaluating these factors, due regard will be given to whether any 
occupational safety and health program exists to protect the entity's 
employees.
    (d) Weight of the factors. The above list of factors is not 
exhaustive and no factor, isolated from the particular facts of a case, 
is assigned any particular weight for the purpose of a determination by 
the Secretary of Labor as to whether a given entity is a ``State or 
political subdivision of a State'' and, as such, not subject to the Act 
as an ``employer''. Each case must be viewed on its merits; and whether 
a single factor will be decisive, or whether the factors must be viewed 
in their relationship to each other as part of a sum total, also depends 
on the merits of each case.
    (e) Examples. (1) The following types of entities would normally be 
regarded as not being employers under section 3(5) of the Act: the State 
Department of Labor and Industry; the State Highway and Motor Vehicle 
Department; State, county, and municipal law enforcement agencies as 
well as penal institutions; State, county, and municipal judicial 
bodies; State University Boards of Trustees; State, county, and 
municipal public school boards and commissions; and public libraries.
    (2) Depending on the facts in the particular situation, the 
following types of entities would probably be excluded as employers 
under section 3(5) of the Act: harbor districts, irrigation districts, 
port authorities, bi-State authorities over bridges, highways, rivers, 
harbors, etc.; municipal transit entities; and State, county, and local 
hospitals and related institutions.
    (3) The following examples are of entities which would normally not 
be regarded as a ``State or political subdivision of a State'', but 
unusual factors to the contrary in a particular case may indicate 
otherwise: Public utility companies, merely regulated by State or local 
bodies; businesses, such as alcoholic beverage distributors, licensed 
under State or local law; other business entities which under agreement 
perform certain functions for the State, such as gasoline stations 
conducting automobile inspections for State and county governments.



Sec.  1975.6  Policy as to domestic household employment 
activities in private residences.

    As a matter of policy, individuals who, in their own residences, 
privately employ persons for the purpose of performing for the benefit 
of such individuals what are commonly regarded as ordinary domestic 
household tasks, such as house cleaning, cooking, and caring for 
children, shall not be subject to the requirements of the Act with 
respect to such employment.



PART 1977_DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE 
WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 
1970--Table of Contents



                                 General

Sec.
1977.1 Introductory statement.
1977.2 Purpose of this part.
1977.3 General requirements of section 11(c) of the Act.
1977.4 Persons prohibited from discriminating.
1977.5 Persons protected by section 11(c).
1977.6 Unprotected activities distinguished.

                          Specific Protections

1977.9 Complaints under or related to the Act.
1977.10 Proceedings under or related to the Act.
1977.11 Testimony.
1977.12 Exercise of any right afforded by the Act.

                               Procedures

1977.15 Filing of complaint for discrimination.
1977.16 Notification of Secretary of Labor's determination.
1977.17 Withdrawal of complaint.
1977.18 Arbitration or other agency proceedings.

                         Some Specific Subjects

1977.22 Employee refusal to comply with safety rules.
1977.23 State plans.


[[Page 847]]


    Authority: 29 U.S.C. 657, 660; 5 U.S.C. 553; and Secretary of 
Labor's Order No. 08-2020 (85 FR 58393), 9-83 (48 FR 35736), or 12-71 
(36 FR 8754), as applicable.

    Source: 38 FR 2681, Jan. 29, 1973, unless otherwise noted.

                                 General



Sec.  1977.1  Introductory statement.

    (a) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651, 
et seq.), hereinafter referred to as the Act, is a Federal statute of 
general application designed to regulate employment conditions relating 
to occupational safety and health and to achieve safer and healthier 
workplaces throughout the Nation. By terms of the Act, every person 
engaged in a business affecting commerce who has employees is required 
to furnish each of his employees employment and a place of employment 
free from recognized hazards that are causing or likely to cause death 
or serious physical harm, and, further, to comply with occupational 
safety and health standards promulgated under the Act. See part 1975 of 
this chapter concerning coverage of the Act.
    (b) The Act provides, among other things, for the adoption of 
occupational safety and health standards, research and development 
activities, inspections and investigations of workplaces, and 
recordkeeping requirements. Enforcement procedures initiated by the 
Department of Labor, review proceedings before an independent quasi-
judicial agency (the Occupational Safety and Health Review Commission), 
and express judicial review are provided by the Act. In addition, States 
which desire to assume responsibility for development and enforcement of 
standards which are at least as effective as the Federal standards 
published in this chapter may submit plans for such development and 
enforcement of the Secretary of Labor.
    (c) Employees and representatives of employees are afforded a wide 
range of substantive and procedural rights under the Act. Moreover, 
effective implementation of the Act and achievement of its goals depend 
in large part upon the active but orderly participation of employees, 
individually and through their representatives, at every level of safety 
and health activity.
    (d) This part deals essentially with the rights of employees 
afforded under section 11(c) of the Act. Section 11(c) of the Act 
prohibits reprisals, in any form, against employees who exercise rights 
under the Act.



Sec.  1977.2  Purpose of this part.

    The purpose of this part is to make available in one place 
interpretations of the various provisions of section 11(c) of the Act 
which will guide the Secretary of Labor in the performance of his duties 
thereunder unless and until otherwise directed by authoritative 
decisions of the courts, or concluding, upon reexamination of an 
interpretation, that it is incorrect.



Sec.  1977.3  General requirements of section 11(c) of the Act.

    Section 11(c) provides in general that no person shall discharge or 
in any manner discriminate against any employee because the employee 
has:
    (a) Filed any complaint under or related to the Act;
    (b) Instituted or caused to be instituted any proceeding under or 
related to the Act;
    (c) Testified or is about to testify in any proceeding under the Act 
or related to the Act; or
    (d) Exercised on his own behalf or on behalf of others any right 
afforded by the Act.


Any employee who believes that he has been discriminated against in 
violation of section 11(c) of the Act may, within 30 days after such 
violation occurs, lodge a complaint with the Secretary of Labor alleging 
such violation. The Secretary shall then cause appropriate investigation 
to be made. If, as a result of such investigation, the Secretary 
determines that the provisions of section 11(c) have been violated civil 
action may be instituted in any appropriate United States district 
court, to restrain violations of section 11(c)(1) and to obtain other 
appropriate relief, including rehiring or reinstatement of the employee 
to his former position with back pay. Section 11(c) further provides for 
notification of complainants by the Secretary of determinations made 
pursuant to their complaints.

[[Page 848]]



Sec.  1977.4  Persons prohibited from discriminating.

    Section 11(c) specifically states that ``no person shall discharge 
or in any manner discriminate against any employee'' because the 
employee has exercised rights under the Act. Section 3(4) of the Act 
defines ``person'' as ``one or more individuals, partnerships, 
associations, corporations, business trusts, legal representatives, or 
any group of persons.'' Consequently, the prohibitions of section 11(c) 
are not limited to actions taken by employers against their own 
employees. A person may be chargeable with discriminatory action against 
an employee of another person. Section 11(c) would extend to such 
entities as organizations representing employees for collective 
bargaining purposes, employment agencies, or any other person in a 
position to discriminate against an employee. See, Meek v. United 
States, 136 F. 2d 679 (6th Cir., 1943); Bowe v. Judson C. Burns, 137 F. 
2d 37 (3rd Cir., 1943).



Sec.  1977.5  Persons protected by section 11(c).

    (a) All employees are afforded the full protection of section 11(c). 
For purposes of the Act, an employee is defined as ``an employee of an 
employer who is employed in a business of his employer which affects 
commerce.'' The Act does not define the term ``employ.'' However, the 
broad remedial nature of this legislation demonstrates a clear 
congressional intent that the existence of an employment relationship, 
for purposes of section 11(c), is to be based upon economic realities 
rather than upon common law doctrines and concepts. See, U.S. v. Silk, 
331 U.S. 704 (1947); Rutherford Food Corporation v. McComb, 331 U.S. 722 
(1947).
    (b) For purposes of section 11(c), even an applicant for employment 
could be considered an employee. See, NLRB v. Lamar Creamery, 246 F. 2d 
8 (5th Cir., 1957). Further, because section 11(c) speaks in terms of 
any employee, it is also clear that the employee need not be an employee 
of the discriminator. The principal consideration would be whether the 
person alleging discrimination was an ``employee'' at the time of 
engaging in protected activity.
    (c) In view of the definitions of ``employer'' and ``employee'' 
contained in the Act, employees of a State or political subdivision 
thereof would not ordinarily be within the contemplated coverage of 
section 11(c).



Sec.  1977.6  Unprotected activities distinguished.

    (a) Actions taken by an employer, or others, which adversely affect 
an employee may be predicated upon nondiscriminatory grounds. The 
proscriptions of section 11(c) apply when the adverse action occurs 
because the employee has engaged in protected activities. An employee's 
engagement in activities protected by the Act does not automatically 
render him immune from discharge or discipline for legitimate reasons, 
or from adverse action dictated by non-prohibited considerations. See, 
NLRB v. Dixie Motor Coach Corp., 128 F. 2d 201 (5th Cir., 1942).
    (b) At the same time, to establish a violation of section 11(c), the 
employee's engagement in protected activity need not be the sole or 
primary consideration behind discharge or other adverse action. If the 
discharge or other adverse action would not have taken place ``but for'' 
engagement in protected activity, section 11(c) has been violated. See 
Bostock v. Clay County, Ga., 140 S Ct. 1731, 1739 (2020); Univ. of Tex. 
Sw. Med. Ctr. v. Nassar, 570 U.S. 338 (2013). Ultimately, the issue as 
to whether a discharge or other adverse action was because of protected 
activity will have to be determined on the basis of the facts in the 
particular case.

[38 FR 2681, Jan. 29, 1973, as amended at 86 FR 49476, Sept. 3, 2021]

                          Specific Protections



Sec.  1977.9  Complaints under or related to the Act.

    (a) Discharge of, or discrimination against, an employee because the 
employee has filed ``any complaint * * * under or related to this Act * 
* *'' is prohibited by section 11(c). An example of a complaint made 
``under'' the Act would be an employee request for inspection pursuant 
to section 8(f). However, this would not be the only type of complaint 
protected by section 11(c). The range of complaints ``related to''

[[Page 849]]

the Act is commensurate with the broad remedial purposes of this 
legislation and the sweeping scope of its application, which entails the 
full extent of the commerce power. (See Cong. Rec., vol. 116 p. P. 42206 
Dec. 17, 1970).
    (b) Complaints registered with other Federal agencies which have the 
authority to regulate or investigate occupational safety and health 
conditions are complaints ``related to'' this Act. Likewise, complaints 
made to State or local agencies regarding occupational safety and health 
conditions would be ``related to'' the Act. Such complaints, however, 
must relate to conditions at the workplace, as distinguished from 
complaints touching only upon general public safety and health.
    (c) Further, the salutary principles of the Act would be seriously 
undermined if employees were discouraged from lodging complaints about 
occupational safety and health matters with their employers. (Section 
2(1), (2), and (3)). Such complaints to employers, if made in good 
faith, therefore would be related to the Act, and an employee would be 
protected against discharge or discrimination caused by a complaint to 
the employer.



Sec.  1977.10  Proceedings under or related to the Act.

    (a) Discharge of, or discrimination against, any employee because 
the employee has ``instituted or caused to be instituted any proceeding 
under or related to this Act'' is also prohibited by section 11(c). 
Examples of proceedings which could arise specifically under the Act 
would be inspections of worksites under section 8 of the Act, employee 
contest of abatement date under section 10(c) of the Act, employee 
initiation of proceedings for promulgation of an occupational safety and 
health standard under section 6(b) of the Act and part 1911 of this 
chapter, employee application for modification of revocation of a 
variance under section 6(d) of the Act and part 1905 of this chapter, 
employee judicial challenge to a standard under section 6(f) of the Act 
and employee appeal of an Occupational Safety and Health Review 
Commission order under section 11(a) of the Act. In determining whether 
a ``proceeding'' is ``related to'' the Act, the considerations discussed 
in Sec.  1977.9 would also be applicable.
    (b) An employee need not himself directly institute the proceedings. 
It is sufficient if he sets into motion activities of others which 
result in proceedings under or related to the Act.



Sec.  1977.11  Testimony.

    Discharge of, or discrimination against, any employee because the 
employee ``has testified or is about to testify'' in proceedings under 
or related to the Act is also prohibited by section 11(c). This 
protection would of course not be limited to testimony in proceedings 
instituted or caused to be instituted by the employee, but would extend 
to any statements given in the course of judicial, quasi-judicial, and 
administrative proceedings, including inspections, investigations, and 
administrative rule making or adjudicative functions. If the employee is 
giving or is about to give testimony in any proceeding under or related 
to the Act, he would be protected against discrimination resulting from 
such testimony.



Sec.  1977.12  Exercise of any right afforded by the Act.

    (a) In addition to protecting employees who file complaints, 
institute proceedings, or testify in proceedings under or related to the 
Act, section 11(c) also protects employees from discrimination occurring 
because of the exercise ``of any right afforded by this Act.'' Certain 
rights are explicitly provided in the Act; for example, there is a right 
to participate as a party in enforcement proceedings (section 10). 
Certain other rights exist by necessary implication. For example, 
employees may request information from the Occupational Safety and 
Health Administration; such requests would constitute the exercise of a 
right afforded by the Act. Likewise, employees interviewed by agents of 
the Secretary in the course of inspections or investigations could not 
subsequently be discriminated against because of their cooperation.
    (b)(1) On the other hand, review of the Act and examination of the 
legislative history discloses that, as a general matter, there is no 
right afforded by the Act which would entitle employees

[[Page 850]]

to walk off the job because of potential unsafe conditions at the 
workplace. Hazardous conditions which may be violative of the Act will 
ordinarily be corrected by the employer, once brought to his attention. 
If corrections are not accomplished, or if there is dispute about the 
existence of a hazard, the employee will normally have opportunity to 
request inspection of the workplace pursuant to section 8(f) of the Act, 
or to seek the assistance of other public agencies which have 
responsibility in the field of safety and health. Under such 
circumstances, therefore, an employer would not ordinarily be in 
violation of section 11(c) by taking action to discipline an employee 
for refusing to perform normal job activities because of alleged safety 
or health hazards.
    (2) However, occasions might arise when an employee is confronted 
with a choice between not performing assigned tasks or subjecting 
himself to serious injury or death arising from a hazardous condition at 
the workplace. If the employee, with no reasonable alternative, refuses 
in good faith to expose himself to the dangerous condition, he would be 
protected against subsequent discrimination. The condition causing the 
employee's apprehension of death or injury must be of such a nature that 
a reasonable person, under the circumstances then confronting the 
employee, would conclude that there is a real danger of death or serious 
injury and that there is insufficient time, due to the urgency of the 
situation, to eliminate the danger through resort to regular statutory 
enforcement channels. In addition, in such circumstances, the employee, 
where possible, must also have sought from his employer, and been unable 
to obtain, a correction of the dangerous condition.

[38 FR 2681, Jan. 29, 1973, as amended at 38 FR 4577, Feb. 16, 1973]

                               Procedures



Sec.  1977.15  Filing of complaint for discrimination.

    (a) Who may file. A complaint of section 11(c) discrimination may be 
filed by the employee himself, or by a representative authorized to do 
so on his behalf.
    (b) Nature of filing. No particular form of complaint is required.
    (c) Place of filing. Complaint should be filed with the Area 
Director (Occupational Safety and Health Administration) responsible for 
enforcement activities in the geographical area where the employee 
resides or was employed.
    (d) Time for filing. (1) Section 11(c)(2) provides that an employee 
who believes that he has been discriminated against in violation of 
section 11(c)(1) ``may, within 30 days after such violation occurs,'' 
file a complaint with the Secretary of Labor.
    (2) A major purpose of the 30-day period in this provision is to 
allow the Secretary to decline to entertain complaints which have become 
stale. Accordingly, complaints not filed within 30 days of an alleged 
violation will ordinarily be presumed to be untimely.
    (3) However, there may be circumstances which would justify tolling 
of the 30-day period on recognized equitable principles or because of 
strongly extenuating circumstances, e.g., where the employer has 
concealed, or misled the employee regarding the grounds for discharge or 
other adverse action; or where the discrimination is in the nature of a 
continuing violation. The pendency of grievance-arbitration proceedings 
or filing with another agency, among others, are circumstances which do 
not justify tolling the 30-day period. In the absence of circumstances 
justifying a tolling of the 30-day period, untimely complaints will not 
be processed.

[38 FR 2681, Jan. 29, 1973, as amended at 50 FR 32846, Aug. 15, 1985]



Sec.  1977.16  Notification of Secretary of Labor's determination.

    Section 11(c)(3) provides that the Secretary is to notify a 
complainant within 90 days of the complaint of his determination whether 
prohibited discrimination has occurred. This 90-day provision is 
considered directory in nature. While every effort will be made to 
notify complainants of the Secretary's determination within 90 days, 
there

[[Page 851]]

may be instances when it is not possible to meet the directory period 
set forth in section 11(c)(3).



Sec.  1977.17  Withdrawal of complaint.

    Enforcement of the provisions of section 11(c) is not only a matter 
of protecting rights of individual employees, but also of public 
interest. Attempts by an employee to withdraw a previously filed 
complaint will not necessarily result in termination of the Secretary's 
investigation. The Secretary's jurisdiction cannot be foreclosed as a 
matter of law by unilateral action of the employee. However, a voluntary 
and uncoerced request from a complainant to withdraw his complaint will 
be given careful consideration and substantial weight as a matter of 
policy and sound enforcement procedure.



Sec.  1977.18  Arbitration or other agency proceedings.

    (a) General. (1) An employee who files a complaint under section 
11(c) of the Act may also pursue remedies under grievance arbitration 
proceedings in collective bargaining agreements. In addition, the 
complainant may concurrently resort to other agencies for relief, such 
as the National Labor Relations Board. The Secretary's jurisdiction to 
entertain section 11(c) complaints, to investigate, and to determine 
whether discrimination has occurred, is independent of the jurisdiction 
of other agencies or bodies. The Secretary may file action in U.S. 
district court regardless of the pendency of other proceedings.
    (2) However, the Secretary also recognizes the national policy 
favoring voluntary resolution of disputes under procedures in collective 
bargaining agreements. See, e.g., Boy's Markets, Inc. v. Retail Clerks, 
398 U.S. 235 (1970); Republic Steel Corp. v. Maddox, 379 U.S. 650 
(1965); Carey v. Westinghouse Electric Co., 375 U.S. 261 (1964); Collier 
Insulated Wire, 192 NLRB No. 150 (1971). By the same token, due 
deference should be paid to the jurisdiction of other forums established 
to resolve disputes which may also be related to section 11(c) 
complaints.
    (3) Where a complainant is in fact pursuing remedies other than 
those provided by section 11(c), postponement of the Secretary's 
determination and deferral to the results of such proceedings may be in 
order. See, Burlington Truck Lines, Inc., v. U.S., 371 U.S. 156 (1962).
    (b) Postponement of determination. Postponement of determination 
would be justified where the rights asserted in other proceedings are 
substantially the same as rights under section 11(c) and those 
proceedings are not likely to violate the rights guaranteed by section 
11(c). The factual issues in such proceedings must be substantially the 
same as those raised by section 11(c) complaint, and the forum hearing 
the matter must have the power to determine the ultimate issue of 
discrimination. See Rios v. Reynolds Metals Co., F.2d (5th Cir., 1972), 
41 U.S.L.W. 1049 (Oct. 10, 1972); Newman v. Avco Corp., 451 F.2d 743 
(6th Cir., 1971).
    (c) Deferral to outcome of other proceedings. A determination to 
defer to the outcome of other proceedings initiated by a complainant 
must necessarily be made on a case-to-case basis, after careful scrutiny 
of all available information. Before deferring to the results of other 
proceedings, it must be clear that those proceedings dealt adequately 
with all factual issues, that the proceedings were fair, regular, and 
free of procedural infirmities, and that the outcome of the proceedings 
was not repugnant to the purpose and policy of the Act. In this regard, 
if such other actions initiated by a complainant are dismissed without 
adjudicatory hearing thereof, such dismissal will not ordinarily be 
regarded as determinative of the section 11(c) complaint.

                         Some Specific Subjects



Sec.  1977.22  Employee refusal to comply with safety rules.

    Employees who refuse to comply with occupational safety and health 
standards or valid safety rules implemented by the employer in 
furtherance of the Act are not exercising any rights afforded by the 
Act. Disciplinary measures taken by employers solely in response to 
employee refusal to comply with appropriate safety rules and 
regulations, will not ordinarily be regarded as discriminatory action 
prohibited by

[[Page 852]]

section 11(c). This situation should be distinguished from refusals to 
work, as discussed in Sec.  1977.12.



Sec.  1977.23  State plans.

    A State which is implementing its own occupational safety and health 
enforcement program pursuant to section 18 of the Act and parts 1902 and 
1952 of this chapter must have provisions as effective as those of 
section 11(c) to protect employees from discharge or discrimination. 
Such provisions do not divest either the Secretary of Labor or Federal 
district courts of jurisdiction over employee complaints of 
discrimination. However, the Secretary of Labor may refer complaints of 
employees adequately protected by State Plans' provisions to the 
appropriate state agency. The basic principles outlined in Sec.  
1977.18, supra will be observed as to deferrals to findings of state 
agencies.



PART 1978_PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE 
EMPLOYEE PROTECTION PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE 
ACT OF 1982 (STAA), AS AMENDED--Table of Contents



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders

Sec.
1978.100 Purpose and scope.
1978.101 Definitions.
1978.102 Obligations and prohibited acts.
1978.103 Filing of retaliation complaints.
1978.104 Investigation.
1978.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1978.106 Objections to the findings and the preliminary order and 
          request for a hearing.
1978.107 Hearings.
1978.108 Role of Federal agencies.
1978.109 Decisions and orders of the administrative law judge.
1978.110 Decisions and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1978.111 Withdrawal of STAA complaints, findings, objections, and 
          petitions for review; settlement.
1978.112 Judicial review.
1978.113 Judicial enforcement.
1978.114 District court jurisdiction of retaliation complaints under 
          STAA.
1978.115 Special circumstances; waiver of rules.

    Authority: 49 U.S.C. 31101 and 31105; Secretary's Order 1-2012 (Jan. 
18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR 
13186 (March 6, 2020).

    Source: 77 FR 44134, July 27, 2012, unless otherwise noted.



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders



Sec.  1978.100  Purpose and scope.

    (a) This part sets forth, the procedures for, and interpretations 
of, the employee protection (whistleblower) provision of the Surface 
Transportation Assistance Act of 1982 (STAA), 49 U.S.C. 31105, as 
amended, which protects employees from retaliation because the employee 
has engaged in, or is perceived to have engaged in, protected activity 
pertaining to commercial motor vehicle safety, health, or security 
matters.
    (b) This part establishes procedures under STAA for the expeditious 
handling of retaliation complaints filed by employees, or by persons 
acting on their behalf. These rules, together with those rules codified 
at 29 CFR part 18, set forth the procedures for submission of 
complaints, investigations, issuance of findings and preliminary orders, 
objections to findings and orders, litigation before administrative law 
judges (ALJs), post-hearing administrative review, and withdrawals and 
settlements. This part also sets forth interpretations of STAA.



Sec.  1978.101  Definitions.

    (a) Act means the Surface Transportation Assistance Act of 1982 
(STAA), as amended.
    (b) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under the Act.
    (c) Business days means days other than Saturdays, Sundays, and 
Federal holidays.

[[Page 853]]

    (d) Commercial motor carrier means any person engaged in a business 
affecting commerce between States or between a State and a place outside 
thereof who owns or leases a commercial motor vehicle in connection with 
that business, or assigns employees to operate such a vehicle.
    (e) Commercial motor vehicle means a vehicle as defined by 49 U.S.C. 
31101(1).
    (f) Complainant means the employee who filed a STAA complaint or on 
whose behalf a complaint was filed.
    (g) Complaint, for purposes of Sec.  1978.102(b)(1) and (e)(1), 
includes both written and oral complaints to employers, government 
agencies, and others.
    (h) Employee means a driver of a commercial motor vehicle (including 
an independent contractor when personally operating a commercial motor 
vehicle), a mechanic, a freight handler, or an individual not an 
employer, who:
    (1) Directly affects commercial motor vehicle safety or security in 
the course of employment by a commercial motor carrier; and
    (2) Is not an employee of the United States Government, a State, or 
a political subdivision of a State acting in the course of employment.
    (3) The term includes an individual formerly performing the work 
described above or an applicant for such work.
    (i) Employer means a person engaged in a business affecting commerce 
that owns or leases a commercial motor vehicle in connection with that 
business, or assigns an employee to operate the vehicle in commerce, but 
does not include the Government, a State, or a political subdivision of 
a State.
    (j) OSHA means the Occupational Safety and Health Administration of 
the United States Department of Labor.
    (k) Person means one or more individuals, partnerships, 
associations, corporations, business trusts, legal representatives, or 
any other organized group of individuals.
    (l) Respondent means the person alleged to have violated 49 U.S.C. 
31105.
    (m) Secretary means the Secretary of Labor or persons to whom 
authority under the Act has been delegated.
    (n) State means a State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
Northern Mariana Islands.
    (o) Any future statutory amendments that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.



Sec.  1978.102  Obligations and prohibited acts.

    (a) No person may discharge or otherwise retaliate against any 
employee with respect to the employee's compensation, terms, conditions, 
or privileges of employment because the employee engaged in any of the 
activities specified in paragraphs (b) or (c) of this section. In 
addition, no person may discharge or otherwise retaliate against any 
employee with respect to the employee's compensation, terms, conditions, 
or privileges of employment because a person acting pursuant to the 
employee's request engaged in any of the activities specified in 
paragraph (b).
    (b) It is a violation for any person to intimidate, threaten, 
restrain, coerce, blacklist, discharge, discipline, harass, suspend, 
demote, or in any other manner retaliate against any employee because 
the employee or a person acting pursuant to the employee's request has:
    (1) Filed orally or in writing a complaint with an employer, 
government agency, or others or begun a proceeding related to a 
violation of a commercial motor vehicle safety or security regulation, 
standard, or order; or
    (2) Testified or will testify at any proceeding related to a 
violation of a commercial motor vehicle safety or security regulation, 
standard, or order.
    (c) It is a violation for any person to intimidate, threaten, 
restrain, coerce, blacklist, discharge, discipline, harass, suspend, 
demote, or in any other manner retaliate against any employee because 
the employee:
    (1) Refuses to operate a vehicle because:
    (i) The operation violates a regulation, standard, or order of the 
United States related to commercial motor vehicle safety, health, or 
security; or
    (ii) He or she has a reasonable apprehension of serious injury to 
himself or

[[Page 854]]

herself or the public because of the vehicle's hazardous safety or 
security condition;
    (2) Accurately reports hours on duty pursuant to Chapter 315 of 
Title 49 of the United States Code; or
    (3) Cooperates with a safety or security investigation by the 
Secretary of Transportation, the Secretary of Homeland Security, or the 
National Transportation Safety Board; or
    (4) Furnishes information to the Secretary of Transportation, the 
Secretary of Homeland Security, the National Transportation Safety 
Board, or any Federal, State, or local regulatory or law enforcement 
agency as to the facts relating to any accident or incident resulting in 
injury or death to an individual or damage to property occurring in 
connection with commercial motor vehicle transportation.
    (d) No person may discharge or otherwise retaliate against any 
employee with respect to the employee's compensation, terms, conditions, 
or privileges of employment because the person perceives that the 
employee has engaged in any of the activities specified in paragraph (e) 
of this section.
    (e) It is a violation for any person to intimidate, threaten, 
restrain, coerce, blacklist, discharge, discipline, harass, suspend, 
demote, or in any other manner retaliate against any employee because 
the employer perceives that:
    (1) The employee has filed orally or in writing or is about to file 
orally or in writing a complaint with an employer, government agency, or 
others or has begun or is about to begin a proceeding related to a 
violation of a commercial motor vehicle safety or security regulation, 
standard or order;
    (2) The employee is about to cooperate with a safety or security 
investigation by the Secretary of Transportation, the Secretary of 
Homeland Security, or the National Transportation Safety Board; or
    (3) The employee has furnished or is about to furnish information to 
the Secretary of Transportation, the Secretary of Homeland Security, the 
National Transportation Safety Board, or any Federal, State, or local 
regulatory or law enforcement agency as to the facts relating to any 
accident or incident resulting in injury or death to an individual or 
damage to property occurring in connection with commercial motor vehicle 
transportation.
    (f) For purposes of this section, an employee's apprehension of 
serious injury is reasonable only if a reasonable individual in the 
circumstances then confronting the employee would conclude that the 
hazardous safety or security condition establishes a real danger of 
accident, injury or serious impairment to health. To qualify for 
protection, the employee must have sought from the employer, and been 
unable to obtain, correction of the hazardous safety or security 
condition.



Sec.  1978.103  Filing of retaliation complaints.

    (a) Who may file. An employee who believes that he or she has been 
retaliated against by an employer in violation of STAA may file, or have 
filed by any person on the employee's behalf, a complaint alleging such 
retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file a 
complaint in English, OSHA will accept the complaint in any other 
language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the employee resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for filing. Within 180 days after an alleged violation of 
STAA occurs, any employee who believes that he or she has been 
retaliated against in violation of STAA may file, or have filed by any 
person on the employee's behalf, a complaint alleging such retaliation. 
The date of the postmark, facsimile transmittal, electronic 
communication transmittal, telephone call, hand-delivery, delivery to a 
third-party commercial carrier, or in-person filing at an OSHA office 
will be considered the date of filing. The time for filing a

[[Page 855]]

complaint may be tolled for reasons warranted by applicable case law.
    (e) Relationship to section 11(c) complaints. A complaint filed 
under STAA alleging facts that would also constitute a violation of 
section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. 
660(c), will be deemed to be a complaint under both STAA and section 
11(c). Similarly, a complaint filed under section 11(c) that alleges 
facts that would also constitute a violation of STAA will be deemed to 
be a complaint filed under both STAA and section 11(c). Normal 
procedures and timeliness requirements under the respective statutes and 
regulations will be followed.



Sec.  1978.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, the 
Assistant Secretary will notify the respondent of the filing of the 
complaint by providing the respondent with a copy of the complaint, 
redacted in accordance with the Privacy Act of 1974, 5 U.S.C. 552a and 
other applicable confidentiality laws. The Assistant Secretary will also 
notify the respondent of the respondent's rights under paragraphs (b) 
and (f) of this section. The Assistant Secretary will provide a copy of 
the unredacted complaint to the complainant (or complainant's legal 
counsel, if complainant is represented by counsel) and to the Federal 
Motor Carrier Safety Administration.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
may submit to the Assistant Secretary a written statement and any 
affidavits or documents substantiating its position. Within the same 20 
days, the respondent may request a meeting with the Assistant Secretary 
to present its position.
    (c) Throughout the investigation, the agency will provide to the 
complainant (or the complainant's legal counsel, if complainant is 
represented by counsel) a copy of all of respondent's submissions to the 
agency that are responsive to the complainant's whistleblower complaint. 
Before providing such materials to the complainant, the agency will 
redact them, if necessary, in accordance with the Privacy Act of 1974, 5 
U.S.C. 552a, and other applicable confidentiality laws. The agency will 
also provide the complainant with an opportunity to respond to such 
submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that protected activity was a contributing factor 
in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity, either actual 
activity or activity about to be undertaken;
    (ii) The respondent knew or suspected, actually or constructively, 
that the employee engaged in the protected activity;
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complainant shows that the adverse action took place 
shortly after the protected activity, giving rise to the inference that 
it was a contributing factor in the adverse action. If the required 
showing has not been made, the complainant (or the complainant's legal 
counsel, if complainant

[[Page 856]]

is represented by counsel) will be so notified and the investigation 
will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, an investigation of the 
complaint will not be conducted or will be discontinued if the 
respondent demonstrates by clear and convincing evidence that it would 
have taken the same adverse action in the absence of the complainant's 
protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in the prior paragraph, the Assistant 
Secretary will proceed with the investigation. The investigation will 
proceed whenever it is necessary or appropriate to confirm or verify the 
information provided by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1978.105, if the Assistant Secretary has 
reasonable cause, on the basis of information gathered under the 
procedures of this part, to believe that the respondent has violated the 
Act and that preliminary reinstatement is warranted, the Assistant 
Secretary will again contact the respondent (or the respondent's legal 
counsel, if respondent is represented by counsel) to give notice of the 
substance of the relevant evidence supporting the complainant's 
allegations as developed during the course of the investigation. This 
evidence includes any witness statements, which will be redacted to 
protect the identity of confidential informants where statements were 
given in confidence; if the statements cannot be redacted without 
revealing the identity of confidential informants, summaries of their 
contents will be provided. The complainant will also receive a copy of 
the materials that must be provided to the respondent under this 
paragraph. Before providing such materials to the complainant, the 
agency will redact them, if necessary, in accordance with the Privacy 
Act of 1974, 5 U.S.C. 552a, and other applicable confidentiality laws. 
The respondent will be given the opportunity to submit a written 
response, to meet with the investigators, to present statements from 
witnesses in support of its position, and to present legal and factual 
arguments. The respondent must present this evidence within 10 business 
days of the Assistant Secretary's notification pursuant to this 
paragraph, or as soon thereafter as the Assistant Secretary and the 
respondent can agree, if the interests of justice so require.



Sec.  1978.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the complaint, written findings as to whether there is 
reasonable cause to believe that the respondent has retaliated against 
the complainant in violation of STAA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief. 
Such order will require, where appropriate: affirmative action to abate 
the violation; reinstatement of the complainant to his or her former 
position, with the same compensation, terms, conditions and privileges 
of the complainant's employment; and payment of compensatory damages 
(backpay with interest and compensation for any special damages 
sustained as a result of the retaliation, including any litigation 
costs, expert witness fees, and reasonable attorney fees which the 
complainant has incurred). Interest on backpay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The preliminary order may also 
require the respondent to pay punitive damages up to $250,000.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings and, where appropriate, the

[[Page 857]]

preliminary order will inform the parties of the right to object to the 
findings and/or the order and to request a hearing. The findings and, 
where appropriate, the preliminary order also will give the address of 
the Chief Administrative Law Judge, U.S. Department of Labor, or 
appropriate information regarding filing objections electronically with 
the Office of Administrative Law Judges. At the same time, the Assistant 
Secretary will file with the Chief Administrative Law Judge a copy of 
the original complaint and a copy of the findings and/or order.
    (c) The findings and the preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and request for a hearing have been timely filed as provided at Sec.  
1978.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.

[77 FR 44134, July 27, 2012, as amended at 86 FR 1788, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1978.106  Objections to the findings and the preliminary order and
request for a hearing.

    (a) Any party who desires review, including judicial review, must 
file any objections and a request for a hearing on the record within 30 
days of receipt of the findings and preliminary order pursuant to Sec.  
1978.105(c). The objections and request for a hearing must be in writing 
and state whether the objections are to the findings and/or the 
preliminary order. The date of the postmark, facsimile transmittal, or 
electronic transmittal is considered the date of filing; if the 
objection is filed in person, by hand-delivery or other means, the 
objection is filed upon receipt. Objections must be filed with the Chief 
Administrative Law Judge, U.S. Department of Labor, in accordance with 
29 CFR part 18, and copies of the objections must be served at the same 
time on the other parties of record and the OSHA official who issued the 
findings.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or the 
preliminary order will become the final decision of the Secretary, not 
subject to judicial review.

[77 FR 44134, July 27, 2012, as amended at 86 FR 1788, Jan. 11, 2021]



Sec.  1978.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. Administrative law judges have broad 
discretion to limit discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The

[[Page 858]]

ALJ may exclude evidence that is immaterial, irrelevant, or unduly 
repetitious.

[77 FR 44134, July 27, 2012, as amended at 86 FR 1788, Jan. 11, 2021]



Sec.  1978.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding. In any case in which the respondent objects to the findings 
or the preliminary order the Assistant Secretary ordinarily will be the 
prosecuting party. In any other cases, at the Assistant Secretary's 
discretion, the Assistant Secretary may participate as a party or 
participate as amicus curiae at any stage of the proceeding. This right 
to participate includes, but is not limited to, the right to petition 
for review of a decision of an ALJ, including a decision approving or 
rejecting a settlement agreement between the complainant and the 
respondent.
    (2) If the Assistant Secretary assumes the role of prosecuting party 
in accordance with paragraph (a)(1) of this section, he or she may, upon 
written notice to the ALJ or the Administrative Review Board, as the 
case may be, and the other parties, withdraw as the prosecuting party in 
the exercise of prosecutorial discretion. If the Assistant Secretary 
withdraws, the complainant will become the prosecuting party and the ALJ 
or the Administrative Review Board, as the case may be, will issue 
appropriate orders to regulate the course of future proceedings.
    (3) Copies of documents in all cases shall be sent to the parties 
or, if they are represented by counsel, to the latter. In cases in which 
the Assistant Secretary is a party, copies of documents shall be sent to 
the Regional Solicitor's Office representing the Assistant Secretary.
    (b) The Federal Motor Carrier Safety Administration, if interested 
in a proceeding, may participate as amicus curiae at any time in the 
proceeding, at its discretion. At the request of the Federal Motor 
Carrier Safety Administration, copies of all documents in a case must be 
sent to that agency, whether or not that agency is participating in the 
proceeding.



Sec.  1978.109  Decisions and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant or the Assistant Secretary has satisfied the 
burden set forth in the prior paragraph, relief may not be ordered if 
the respondent demonstrates by clear and convincing evidence that it 
would have taken the same adverse action in the absence of any protected 
activity.
    (c) Neither the Assistant Secretary's determination to dismiss a 
complaint without completing an investigation pursuant to Sec.  
1978.104(e) nor the Assistant Secretary's determination to proceed with 
an investigation is subject to review by the ALJ, and a complaint may 
not be remanded for the completion of an investigation or for additional 
findings on the basis that a determination to dismiss was made in error. 
Rather, if there otherwise is jurisdiction, the ALJ will hear the case 
on the merits or dispose of the matter without a hearing if the facts 
and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order that will require, where appropriate: 
affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position with the same compensation, 
terms, conditions, and privileges of the complainant's employment; 
payment of compensatory damages (backpay with interest and compensation 
for any special damages sustained as a result of the retaliation, 
including any litigation costs, expert witness fees, and reasonable 
attorney fees which the complainant may have incurred); and payment of 
punitive damages up to $250,000. Interest on backpay will be calculated 
using the interest rate applicable to underpayment of taxes under 26 
U.S.C. 6621 and will be compounded daily.

[[Page 859]]

    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of 
Occupational Safety and Health, U.S. Department of Labor. Any ALJ's 
decision requiring reinstatement or lifting an order of reinstatement by 
the Assistant Secretary will be effective immediately upon receipt of 
the decision by the respondent. For ALJ decisions issued on or after the 
effective date of the interim final rule, August 31, 2010, all other 
portions of the ALJ's order will be effective 14 days after the date of 
the decision unless a timely petition for review has been filed with the 
Administrative Review Board (ARB), U.S. Department of Labor. Any ALJ 
decision issued on or after the effective date of the interim final 
rule, August 31, 2010, will become the final order of the Secretary 
unless a petition for review is timely filed with the ARB and the ARB 
accepts the decision for review.



Sec.  1978.110  Decisions and orders of the Administrative Review Board.

    (a) The Assistant Secretary or any other party desiring to seek 
review, including judicial review, of a decision of the ALJ must file a 
written petition for review with the ARB. The parties should identify in 
their petitions for review the legal conclusions or orders to which they 
object, or the objections may be deemed waived. A petition must be filed 
within 14 days of the date of the decision of the ALJ. The date of the 
postmark, facsimile transmittal, or electronic communication transmittal 
will be considered to be the date of filing; if the petition is filed in 
person, by hand delivery or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the ARB. 
Copies of the petition for review and all briefs must be served on the 
Assistant Secretary and, in cases in which the Assistant Secretary is a 
party, on the Associate Solicitor, Division of Occupational Safety and 
Health, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If no timely petition for 
review is filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If no timely petition for 
review is filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case, the conclusion of 
the hearing is the date the motion for reconsideration is ruled upon or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge. The 
decision also will be served on the Assistant Secretary, and on the 
Associate Solicitor, Division of Occupational Safety and Health, U.S, 
Department of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order, which will be subject to discretionary review by the Secretary as 
provided in Secretary's Order 01-2020 (or any successor to that order), 
will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the

[[Page 860]]

complainant to his or her former position with the same compensation, 
terms, conditions, and privileges of the complainant's employment; 
payment of compensatory damages (back pay with interest and compensation 
for any special damages sustained as a result of the retaliation, 
including any litigation costs, expert witness fees, and reasonable 
attorney fees the complainant may have incurred); and payment of 
punitive damages up to $250,000. Interest on back pay will be calculated 
using the interest rate applicable to underpayment of taxes under 26 
U.S.C. 6621 and will be compounded daily.
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. Such order will 
be subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).
    (f) Paragraphs (a) and (b) of this section apply to all cases in 
which the decision of the ALJ was issued on or after August 31, 2010.

[77 FR 44134, July 27, 2012, as amended at 85 FR 30620, May 20, 2020; 86 
FR 1788, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1978.111  Withdrawal of STAA complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying the Assistant Secretary, 
orally or in writing, of his or her withdrawal. The Assistant Secretary 
then will confirm in writing the complainant's desire to withdraw and 
determine whether to approve the withdrawal. The Assistant Secretary 
will notify the parties (and each party's legal counsel if the party is 
represented by counsel) of the approval of any withdrawal. If the 
complaint is withdrawn because of settlement, the settlement must be 
submitted for approval in accordance with paragraph (d) of this section. 
A complainant may not withdraw his or her complaint after the filing of 
objections to the Assistant Secretary's findings and/or preliminary 
order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1978.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
preliminary order become final, a party may withdraw objections to the 
Assistant Secretary's findings and/or preliminary order by filing a 
written withdrawal with the ALJ. If a case is on review with the ARB, a 
party may withdraw a petition for review of an ALJ's decision at any 
time before that decision becomes final by filing a written withdrawal 
with the ARB. The ALJ or the ARB, as the case may be, will determine 
whether to approve the withdrawal of the objections or the petition for 
review. If the ALJ approves a request to withdraw objections to the 
Assistant Secretary's findings and/or order, and there are no other 
pending objections, the Assistant Secretary's findings and/or order will 
become the final order of the Secretary. If the ARB approves a request 
to withdraw a petition for review of an ALJ decision, and there are no 
other pending petitions for review of that decision, the ALJ's decision 
will become the final order of the Secretary. If objections or a 
petition for review are withdrawn because of settlement, the settlement 
must be submitted for approval in accordance with paragraph (d) of this 
section.
    (d)(1) Investigative settlements. At any time after the filing of a 
STAA complaint and before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if the 
Assistant Secretary, the complainant, and the respondent agree to a 
settlement. The Assistant Secretary's approval of a settlement reached 
by the respondent and the complainant demonstrates the Assistant 
Secretary's consent and achieves the consent of all three parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to

[[Page 861]]

the Assistant Secretary's findings and/or order, the case may be settled 
if the participating parties agree to a settlement and the settlement is 
approved by the ALJ if the case is before the ALJ or by the ARB, if the 
ARB has accepted the case for review. A copy of the settlement will be 
filed with the ALJ or the ARB, as the case may be.
    (e) Any settlement approved by the Assistant Secretary, the ALJ, or 
the ARB will constitute the final order of the Secretary and may be 
enforced in United States district court pursuant to 49 U.S.C. 31105(e).



Sec.  1978.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the person resided 
on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[77 FR 44134, July 27, 2012, as amended at 85 FR 30620, May 20, 2020]



Sec.  1978.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement or a final order, including one approving a settlement 
agreement issued under STAA, the Secretary may file a civil action 
seeking enforcement of the order in the United States district court for 
the district in which the violation was found to have occurred.



Sec.  1978.114  District court jurisdiction of retaliation complaints
under STAA.

    (a) If there is no final order of the Secretary, 210 days have 
passed since the filing of the complaint, and there is no showing that 
there has been delay due to the bad faith of the complainant, the 
complainant may bring an action at law or equity for de novo review in 
the appropriate district court of the United States, which will have 
jurisdiction over such an action without regard to the amount in 
controversy. The action shall, at the request of either party to such 
action, be tried by the court with a jury.
    (b) Within seven days after filing a complaint in federal court, a 
complainant must file with the Assistant Secretary, the ALJ, or the ARB, 
depending on where the proceeding is pending, a copy of the file-stamped 
complaint. A copy of the complaint also must be served on the OSHA 
official who issued the findings and/or preliminary order, the Assistant 
Secretary, and the Associate Solicitor, Division of Occupational Safety 
and Health, U.S. Department of Labor.



Sec.  1978.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of these 
rules, or for good cause shown, the ALJ or the ARB on review may, upon 
application, after three days notice to all parties, waive any rule or 
issue such orders as justice or the administration of STAA requires.



PART 1979_PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS 
UNDER SECTION 519 OF THE WENDELL H. FORD AVIATION INVESTMENT AND 
REFORM ACT FOR THE 21ST CENTURY--Table of Contents



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders

Sec.
1979.100 Purpose and scope.
1979.101 Definitions.
1979.102 Obligations and prohibited acts.
1979.103 Filing of discrimination complaint.
1979.104 Investigation.
1979.105 Issuance of findings and preliminary orders.

[[Page 862]]

                          Subpart B_Litigation

1979.106 Objections to the findings and the preliminary order and 
          request for a hearing.
1979.107 Hearings.
1979.108 Role of Federal agencies.
1979.109 Decision and orders of the administrative law judge.
1979.110 Decision and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1979.111 Withdrawal of complaints, objections, and findings; settlement.
1979.112 Judicial review.
1979.113 Judicial enforcement.
1979.114 Special circumstances; waiver of rules.

    Authority: 49 U.S.C. 42121; Secretary's Order 1-2012 (Jan. 18, 
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR 
13186 (March 6, 2020).

    Source: 68 FR 14107, Mar. 21, 2003, unless otherwise noted.



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders



Sec.  1979.100  Purpose and scope.

    (a) This part implements procedures under section 519 of the Wendell 
H. Ford Aviation Investment and Reform Act for the 21st Century, 49 
U.S.C. 42121 (``AIR21''), which provides for employee protection from 
discrimination by air carriers or contractors or subcontractors of air 
carriers because the employee has engaged in protected activity 
pertaining to a violation or alleged violation of any order, regulation, 
or standard of the Federal Aviation Administration or any other 
provision of Federal law relating to air carrier safety.
    (b) This part establishes procedures pursuant to AIR21 for the 
expeditious handling of discrimination complaints made by employees, or 
by persons acting on their behalf. These rules, together with those 
rules codified at 29 CFR part 18, set forth the procedures for 
submission of complaints under AIR21, investigations, issuance of 
findings and preliminary orders, objections to findings and orders, 
litigation before administrative law judges, post-hearing administrative 
review, and withdrawals and settlements.



Sec.  1979.101  Definitions.

    Act or AIR21 means section 519 of the Wendell H. Ford Aviation 
Investment and Reform Act for the 21st Century, Public Law 106-181, 
April 5, 2000, 49 U.S.C. 42121.
    Air carrier means a citizen of the United States undertaking by any 
means, directly or indirectly, to provide air transportation.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under the Act.
    Complainant means the employee who filed a complaint under the Act 
or on whose behalf a complaint was filed.
    Contractor means a company that performs safety-sensitive functions 
by contract for an air carrier.
    Employee means an individual presently or formerly working for an 
air carrier or contractor or subcontractor of an air carrier, an 
individual applying to work for an air carrier or contractor or 
subcontractor of an air carrier, or an individual whose employment could 
be affected by an air carrier or contractor or subcontractor of an air 
carrier.
    Named person means the person alleged to have violated the Act.
    OSHA means the Occupational Safety and Health Administration of the 
United States Department of Labor.
    Person means one or more individuals, partnerships, associations, 
corporations, business trusts, legal representatives, or any group of 
persons.
    Secretary means the Secretary of Labor or persons to whom authority 
under the Act has been delegated.



Sec.  1979.102  Obligations and prohibited acts.

    (a) No air carrier or contractor or subcontractor of an air carrier 
may discharge any employee or otherwise discriminate against any 
employee with respect to the employee's compensation, terms, conditions, 
or privileges of employment because the employee, or any person acting 
pursuant to the employee's request, engaged in any of the activities 
specified in paragraphs (b)(1) through (4) of this section.

[[Page 863]]

    (b) It is a violation of the Act for any air carrier or contractor 
or subcontractor of an air carrier to intimidate, threaten, restrain, 
coerce, blacklist, discharge or in any other manner discriminate against 
any employee because the employee has:
    (1) Provided, caused to be provided, or is about to provide (with 
any knowledge of the employer) or cause to be provided to the air 
carrier or contractor or subcontractor of an air carrier or the Federal 
Government, information relating to any violation or alleged violation 
of any order, regulation, or standard of the Federal Aviation 
Administration or any other provision of Federal law relating to air 
carrier safety under subtitle VII of title 49 of the United States Code 
or under any other law of the United States;
    (2) Filed, caused to be filed, or is about to file (with any 
knowledge of the employer) or cause to be filed a proceeding relating to 
any violation or alleged violation of any order, regulation, or standard 
of the Federal Aviation Administration or any other provision of Federal 
law relating to air carrier safety under subtitle VII of title 49 of the 
United States Code, or under any other law of the United States;
    (3) Testified or is about to testify in such a proceeding; or
    (4) Assisted or participated or is about to assist or participate in 
such a proceeding.
    (c) This part shall have no application to any employee of an air 
carrier, contractor, or subcontractor who, acting without direction from 
an air carrier, contractor, or subcontractor (or such person's agent) 
deliberately causes a violation of any requirement relating to air 
carrier safety under Subtitle VII Aviation Programs of Title 49 of the 
United States Code or any other law of the United States.



Sec.  1979.103  Filing of discrimination complaint.

    (a) Who may file. An employee who believes that he or she has been 
discriminated against by an air carrier or contractor or subcontractor 
of an air carrier in violation of the Act may file, or have filed by any 
person on the employee's behalf, a complaint alleging such 
discrimination.
    (b) Nature of filing. No particular form of complaint is required, 
except that a complaint must be in writing and should include a full 
statement of the acts and omissions, with pertinent dates, which are 
believed to constitute the violations.
    (c) Place of filing. The complaint should be filed with the OSHA 
Area Director responsible for enforcement activities in the geographical 
area where the employee resides or was employed, but may be filed with 
any OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for filing. Within 90 days after an alleged violation of 
the Act occurs (i.e., when the discriminatory decision has been both 
made and communicated to the complainant), an employee who believes that 
he or she has been discriminated against in violation of the Act may 
file, or have filed by any person on the employee's behalf, a complaint 
alleging such discrimination. The date of the postmark, facsimile 
transmittal, or e-mail communication will be considered to be the date 
of filing; if the complaint is filed in person, by hand-delivery, or 
other means, the complaint is filed upon receipt.
    (e) Relationship to section 11(c) complaints. A complaint filed 
under AIR21 that alleges facts which would constitute a violation of 
section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. 
660(c), shall be deemed to be a complaint filed under both AIR21 and 
section 11(c). Similarly, a complaint filed under section 11(c) that 
alleges facts that would constitute a violation of AIR21 shall be deemed 
to be a complaint filed under both AIR21 and section 11(c). Normal 
procedures and timeliness requirements for investigations under the 
respective laws and regulations will be followed.



Sec.  1979.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, the 
Assistant Secretary will notify the named person of

[[Page 864]]

the filing of the complaint, of the allegations contained in the 
complaint, and of the substance of the evidence supporting the complaint 
(redacted to protect the identity of any confidential informants). The 
Assistant Secretary will also notify the named person of his or her 
rights under paragraphs (b) and (c) of this section and paragraph (e) of 
Sec.  1979.110. A copy of the notice to the named person will also be 
provided to the Federal Aviation Administration.
    (b) A complaint of alleged violation will be dismissed unless the 
complainant has made a prima facie showing that protected behavior or 
conduct was a contributing factor in the unfavorable personnel action 
alleged in the complaint.
    (1) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity or conduct;
    (ii) The named person knew or suspected, actually or constructively, 
that the employee engaged in the protected activity;
    (iii) The employee suffered an unfavorable personnel action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the unfavorable 
action.
    (2) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the named person knew or suspected that the 
employee engaged in protected activity and that the protected activity 
was a contributing factor in the unfavorable personnel action. Normally 
the burden is satisfied, for example, if the complaint shows that the 
adverse personnel action took place shortly after the protected 
activity, giving rise to the inference that it was a factor in the 
adverse action. If the required showing has not been made, the 
complainant will be so advised and the investigation will not commence.
    (c) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, an investigation of the 
complaint will not be conducted if the named person, pursuant to the 
procedures provided in this paragraph, demonstrates by clear and 
convincing evidence that it would have taken the same unfavorable 
personnel action in the absence of the complainant's protected behavior 
or conduct. Within 20 days of receipt of the notice of the filing of the 
complaint, the named person may submit to the Assistant Secretary a 
written statement and any affidavits or documents substantiating his or 
her position. Within the same 20 days the named person may request a 
meeting with the Assistant Secretary to present his or her position.
    (d) If the named person fails to demonstrate by clear and convincing 
evidence that it would have taken the same unfavorable personnel action 
in the absence of the behavior protected by the Act, the Assistant 
Secretary will conduct an investigation. Investigations will be 
conducted in a manner that protects the confidentiality of any person 
who provides information on a confidential basis, other than the 
complainant, in accordance with 29 CFR part 70.
    (e) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1979.105, if the Assistant Secretary has 
reasonable cause, on the basis of information gathered under the 
procedures of this part, to believe that the named person has violated 
the Act and that preliminary reinstatement is warranted, the Assistant 
Secretary will again contact the named person to give notice of the 
substance of the relevant evidence supporting the complainant's 
allegations as developed during the course of the investigation. This 
evidence includes any witness statements, which will be redacted to 
protect the identity of confidential informants where statements were 
given in confidence; if the statements cannot be redacted without 
revealing the identity of confidential informants, summaries of their 
contents will be provided. The

[[Page 865]]

named person shall be given the opportunity to submit a written 
response, to meet with the investigators to present statements from 
witnesses in support of his or her position, and to present legal and 
factual arguments. The named person shall present this evidence within 
ten business days of the Assistant Secretary's notification pursuant to 
this paragraph, or as soon afterwards as the Assistant Secretary and the 
named person can agree, if the interests of justice so require.



Sec.  1979.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
filing of the complaint, written findings as to whether or not there is 
reasonable cause to believe that the named person has discriminated 
against the complainant in violation of the Act.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, he or she will accompany 
the findings with a preliminary order providing relief to the 
complainant. The preliminary order will include, where appropriate, a 
requirement that the named person abate the violation; reinstatement of 
the complainant to his or her former position, together with the 
compensation (including back pay), terms, conditions and privileges of 
the complainant's employment; and payment of compensatory damages. Where 
the named person establishes that the complainant is a security risk 
(whether or not the information is obtained after the complainant's 
discharge), a preliminary order of reinstatement would not be 
appropriate. At the complainant's request the order shall also assess 
against the named person the complainant's costs and expenses (including 
attorney's and expert witness fees) reasonably incurred in connection 
with the filing of the complaint.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and the preliminary order will be sent by means 
that allow OSHA to confirm delivery to all parties of record. The letter 
accompanying the findings and order will inform the parties of their 
right to file objections and to request a hearing, and of the right of 
the named person to request attorney's fees from the administrative law 
judge, regardless of whether the named person has filed objections, if 
the named person alleges that the complaint was frivolous or brought in 
bad faith. The letter also will give the address of the Chief 
Administrative Law Judge or appropriate information regarding filing 
objections electronically with the Office of Administrative Law Judges. 
At the same time, the Assistant Secretary will file with the Chief 
Administrative Law Judge, U.S. Department of Labor, a copy of the 
original complaint and a copy of the findings and order.
    (c) The findings and the preliminary order shall be effective 30 
days after receipt by the named person pursuant to paragraph (b) of this 
section, unless an objection and a request for a hearing has been filed 
as provided at Sec.  1979.106. However, the portion of any preliminary 
order requiring reinstatement shall be effective immediately upon 
receipt of the findings and preliminary order.

[68 FR 14107, Mar. 21, 2003, as amended at 86 FR 1788, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1979.106  Objections to the findings and the preliminary order 
and request for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and preliminary order, or a named person alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney's fees, must file any objections and/or a request for a hearing 
on the record within 30 days of receipt of the findings and preliminary 
order pursuant to Sec.  1979.105(b). The objection or request for 
attorney's fees and request for a hearing must be in writing and state 
whether the objection is to the findings, the preliminary order, and/or 
whether there should be an award of attorney's fees. The date of the 
postmark, facsimile transmittal, or

[[Page 866]]

electronic transmittal will be considered to be the date of filing; if 
the objection is filed in person, by hand-delivery or other means, the 
objection is filed upon receipt. Objections must be filed with the Chief 
Administrative Law Judge, U.S. Department of Labor, in accordance with 
29 CFR part 18, and copies of the objections must be served at the same 
time on the other parties of record, the OSHA official who issued the 
findings and order, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.
    (b)(1) If a timely objection is filed, all provisions of the 
preliminary order shall be stayed, except for the portion requiring 
preliminary reinstatement. The portion of the preliminary order 
requiring reinstatement shall be effective immediately upon the named 
person's receipt of the findings and preliminary order, regardless of 
any objections to the order.
    (2) If no timely objection is filed with respect to either the 
findings or the preliminary order, the findings or preliminary order, as 
the case may be, shall become the final decision of the Secretary, not 
subject to judicial review.

[68 FR 14107, Mar. 21, 2003, as amended at 86 FR 1788, Jan. 11, 2021]



Sec.  1979.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A, of 29 CFR part 18.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to a judge who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted as hearings de novo, on the record. Administrative law judges 
shall have broad discretion to limit discovery in order to expedite the 
hearing.
    (c) If both the complainant and the named person object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence shall not apply, but rules or 
principles designed to assure production of the most probative evidence 
shall be applied. The administrative law judge may exclude evidence 
which is immaterial, irrelevant, or unduly repetitious.

[68 FR 14107, Mar. 21, 2003, as amended at 86 FR 1788, Jan. 11, 2021]



Sec.  1979.108  Role of Federal agencies.

    (a)(1) The complainant and the named person shall be parties in 
every proceeding. At the Assistant Secretary's discretion, the Assistant 
Secretary may participate as a party or may participate as amicus curiae 
at any time in the proceedings. This right to participate shall include, 
but is not limited to, the right to petition for review of a decision of 
an administrative law judge, including a decision based on a settlement 
agreement between complainant and the named person, to dismiss a 
complaint or to issue an order encompassing the terms of the settlement.
    (2) Copies of pleadings in all cases, whether or not the Assistant 
Secretary is participating in the proceeding, must be sent to the 
Assistant Secretary, Occupational Safety and Health Administration, and 
to the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, Washington, DC 20210.
    (b) The FAA may participate as amicus curiae at any time in the 
proceedings, at the FAA's discretion. At the request of the FAA, copies 
of all pleadings in a case must be sent to the FAA, whether or not the 
FAA is participating in the proceeding.



Sec.  1979.109  Decision and orders of the administrative law judge.

    (a) The decision of the administrative law judge will contain 
appropriate findings, conclusions, and an order pertaining to the 
remedies provided in paragraph (b) of this section, as appropriate. A 
determination that a violation has occurred may only be made if the 
complainant has demonstrated that protected behavior or conduct was a 
contributing factor in the unfavorable personnel action alleged in the

[[Page 867]]

complaint. Relief may not be ordered if the named person demonstrates by 
clear and convincing evidence that it would have taken the same 
unfavorable personnel action in the absence of any protected behavior. 
Neither the Assistant Secretary's determination to dismiss a complaint 
without completing an investigation pursuant to Sec.  1979.104(b) nor 
the Assistant Secretary's determination to proceed with an investigation 
is subject to review by the administrative law judge, and a complaint 
may not be remanded for the completion of an investigation or for 
additional findings on the basis that a determination to dismiss was 
made in error. Rather, if there otherwise is jurisdiction, the 
administrative law judge shall hear the case on the merits.
    (b) If the administrative law judge concludes that the party charged 
has violated the law, the order shall direct the party charged to take 
appropriate affirmative action to abate the violation, including, where 
appropriate, reinstatement of the complainant to that person's former 
position, together with the compensation (including back pay), terms, 
conditions, and privileges of that employment, and compensatory damages. 
At the request of the complainant, the administrative law judge shall 
assess against the named person all costs and expenses (including 
attorney's and expert witness fees) reasonably incurred. If, upon the 
request of the named person, the administrative law judge determines 
that a complaint was frivolous or was brought in bad faith, the judge 
may award to the named person a reasonable attorney's fee, not exceeding 
$1,000.
    (c) The decision will be served upon all parties to the proceeding. 
Any administrative law judge's decision requiring reinstatement or 
lifting an order of reinstatement by the Assistant Secretary shall be 
effective immediately upon receipt of the decision by the named person, 
and may not be stayed. All other portions of the judge's order shall be 
effective ten business days after the date of the decision unless a 
timely petition for review has been filed with the Administrative Review 
Board.



Sec.  1979.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the administrative law judge, or a named person alleging 
that the complaint was frivolous or brought in bad faith who seeks an 
award of attorney's fees, must file a written petition for review with 
the Administrative Review Board (``the Board''). The decision of the 
Administrative Law Judge shall become the final order of the Secretary 
unless, pursuant to this section, a petition for review is timely filed 
with the Board. The petition for review must specifically identify the 
findings, conclusions, or orders to which exception is taken. Any 
exception not specifically urged ordinarily shall be deemed to have been 
waived by the parties. To be effective, a petition must be filed within 
ten business days of the date of the decision of the Administrative Law 
Judge. The date of the postmark, facsimile transmittal, or electronic 
transmittal will be considered to be the date of filing; if the petition 
is filed in person, by hand-delivery or other means, the petition is 
considered filed upon receipt. The petition must be served on all 
parties and on the Chief Administrative Law Judge at the time it is 
filed with the Board. Copies of the petition for review and all briefs 
must be served on the Assistant Secretary, Occupational Safety and 
Health Administration, and on the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the administrative law judge shall 
become the final order of the Secretary unless the Board, within 30 days 
of the filing of the petition, issues an order notifying the parties 
that the case has been accepted for review. If a case is accepted for 
review, the decision of the administrative law judge shall be 
inoperative unless and until the Board issues an order adopting the 
decision, except that a preliminary order of reinstatement shall be 
effective while review is conducted by the Board. The Board will specify 
the terms under which any briefs are to be filed. The Board will review 
the factual determinations of the

[[Page 868]]

administrative law judge under the substantial evidence standard.
    (c) The decision of the Board shall be issued within 120 days of the 
conclusion of the hearing, which shall be deemed to be the conclusion of 
all proceedings before the Administrative Law Judge--i.e., 10 business 
days after the date of the decision of the Administrative Law Judge 
unless a motion for reconsideration has been filed with the 
Administrative Law Judge in the interim. The decision will be served 
upon all parties and the Chief Administrative Law Judge. The decision 
will also be served on the Assistant Secretary, Occupational Safety and 
Health Administration, and on the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor, even if the Assistant 
Secretary is not a party.
    (d) If the ARB concludes that the party charged has violated the 
law, the ARB shall order the party charged to take appropriate 
affirmative action to abate the violation, including, where appropriate, 
reinstatement of the complainant to that person's former position, 
together with the compensation (including back pay), terms, conditions, 
and privileges of that employment, and compensatory damages. At the 
request of the complainant, the Board shall assess against the named 
person all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. The ARB's order is subject to discretionary 
review by the Secretary as provided in Secretary's Order 01-2020 (or any 
successor to that order).
    (e) If the ARB concludes that the party charged has not violated the 
law, the ARB shall issue an order denying the complaint. If, upon the 
request of the named person, the Board determines that a complaint was 
frivolous or was brought in bad faith, the Board may award to the named 
person reasonable attorney fees, not exceeding $1,000. An order under 
this section is subject to discretionary review by the Secretary as 
provided in Secretary's Order 01-2020 (or any successor to that order).

[68 FR 14107, Mar. 21, 2003, as amended at 85 FR 30620, May 20, 2020; 86 
FR 1789, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1979.111  Withdrawal of complaints, objections, and findings; settlement.

    (a) At any time prior to the filing of objections to the findings or 
preliminary order, a complainant may withdraw his or her complaint under 
the Act by filing a written withdrawal with the Assistant Secretary. The 
Assistant Secretary will then determine whether the withdrawal will be 
approved. The Assistant Secretary will notify the named person of the 
approval of any withdrawal. If the complaint is withdrawn because of 
settlement, the settlement shall be approved in accordance with 
paragraph (d) of this section.
    (b) The Assistant Secretary may withdraw his or her findings or a 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1979.106, provided that no objection 
has yet been filed, and substitute new findings or preliminary order. 
The date of the receipt of the substituted findings or order will begin 
a new 30-day objection period.
    (c) At any time before the findings or order become final, a party 
may withdraw his or her objections to the findings or order by filing a 
written withdrawal with the administrative law judge or, if the case is 
on review, with the Board. The judge or the Board, as the case may be, 
will determine whether the withdrawal will be approved. If the 
objections are withdrawn because of settlement, the settlement shall be 
approved in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, and before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if the 
Assistant Secretary, the complainant and the named person agree to a 
settlement.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the administrative law judge if the case 
is before the judge, or by the Board if a timely petition for review

[[Page 869]]

has been filed with the Board. A copy of the settlement shall be filed 
with the administrative law judge or the Board, as the case may be.
    (e) Any settlement approved by the Assistant Secretary, the 
administrative law judge, or the Board, shall constitute the final order 
of the Secretary and may be enforced pursuant to Sec.  1979.113.



Sec.  1979.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation. A final order of the Secretary is 
not subject to judicial review in any criminal or other civil 
proceeding.
    (b) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the administrative law judge, 
will be transmitted by the Board to the appropriate court pursuant to 
the rules of the court.

[68 FR 14107, Mar. 21, 2003, as amended at 85 FR 30621, May 20, 2020]



Sec.  1979.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement or a final order or the terms of a settlement agreement, 
the Secretary or a person on whose behalf the order was issued may file 
a civil action seeking enforcement of the order in the United States 
district court for the district in which the violation was found to have 
occurred.



Sec.  1979.114  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of this 
part, or for good cause shown, the administrative law judge or the Board 
on review may, upon application, after three days notice to all parties 
and interveners, waive any rule or issue any orders that justice or the 
administration of the Act requires.



PART 1980_PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER 
SECTION 806 OF THE SARBANES-OXLEY ACT OF 2002, AS 
AMENDED--Table of Contents



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders

Sec:
1980.100 Purpose and scope.
1980.101 Definitions.
1980.102 Obligations and prohibited acts.
1980.103 Filing of retaliation complaints.
1980.104 Investigation.
1980.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1980.106 Objections to the findings and the preliminary order and 
          request for a hearing.
1980.107 Hearings.
1980.108 Role of Federal agencies.
1980.109 Decision and orders of the administrative law judge.
1980.110 Decision and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1980.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1980.112 Judicial review.
1980.113 Judicial enforcement.
1980.114 District court jurisdiction over retaliation complaints.
1980.115 Special circumstances; waiver of rules.

    Authority: 18 U.S.C. 1514A, as amended by the Dodd-Frank Wall Street 
Reform and Consumer Protection Act of 2010, Pub. L. 111-203 (July 21, 
2010); Secretary of Labor's Order No. 01-2012 (Jan. 18, 2012), 77 FR 
3912 (Jan. 25, 2012); Secretary's Order No. 01-2020, 85 FR 13186 (March 
6, 2020).

    Source: 80 FR 11880, Mar. 5, 2015, unless otherwise noted.



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders



Sec.  1980.100  Purpose and scope.

    (a) This part implements procedures under section 806 of the 
Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of 
the Sarbanes-Oxley

[[Page 870]]

Act of 2002 (Sarbanes-Oxley or Act), enacted into law July 30, 2002, as 
amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act 
of 2010, enacted into law July 21, 2010. Sarbanes-Oxley provides for 
employee protection from retaliation by companies, their subsidiaries 
and affiliates, officers, employees, contractors, subcontractors, and 
agents because the employee has engaged in protected activity pertaining 
to a violation or alleged violation of 18 U.S.C. 1341, 1343, 1344, or 
1348, or any rule or regulation of the Securities and Exchange 
Commission, or any provision of Federal law relating to fraud against 
shareholders. Sarbanes-Oxley also provides for employee protection from 
retaliation by nationally recognized statistical rating organizations, 
their officers, employees, contractors, subcontractors or agents because 
the employee has engaged in protected activity.
    (b) This part establishes procedures pursuant to Sarbanes-Oxley for 
the expeditious handling of retaliation complaints made by employees, or 
by persons acting on their behalf and sets forth the Secretary's 
interpretations of the Act on certain statutory issues. These rules, 
together with those codified at 29 CFR part 18, set forth the procedures 
for submission of complaints under Sarbanes-Oxley, investigations, 
issuance of findings and preliminary orders, objections to findings and 
orders, litigation before administrative law judges, post-hearing 
administrative review, withdrawals, and settlements.



Sec.  1980.101  Definitions.

    As used in this part:
    (a) Act means section 806 of the Corporate and Criminal Fraud 
Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 
2002, Pub. L. 107-204, July 30, 2002, codified at 18 U.S.C. 1514A, as 
amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act 
of 2010, Pub. L. 111-203, July 21, 2010.
    (b) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under the Act.
    (c) Business days means days other than Saturdays, Sundays, and 
Federal holidays.
    (d) Company means any company with a class of securities registered 
under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) 
or any company required to file reports under section 15(d) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78o(d)) including any 
subsidiary or affiliate whose financial information is included in the 
consolidated financial statements of such company.
    (e) Complainant means the employee who filed a complaint under the 
Act or on whose behalf a complaint was filed.
    (f) Covered person means any company, including any subsidiary or 
affiliate whose financial information is included in the consolidated 
financial statements of such company, or any nationally recognized 
statistical rating organization, or any officer, employee, contractor, 
subcontractor, or agent of such company or nationally recognized 
statistical rating organization.
    (g) Employee means an individual presently or formerly working for a 
covered person, an individual applying to work for a covered person, or 
an individual whose employment could be affected by a covered person.
    (h) Nationally recognized statistical rating organization means a 
credit rating agency under 15 U.S.C. 78c(61) that:
    (1) Issues credit ratings certified by qualified institutional 
buyers, in accordance with 15 U.S.C. 78o-7(a)(1)(B)(ix), with respect 
to:
    (i) Financial institutions, brokers, or dealers;
    (ii) Insurance companies;
    (iii) Corporate issuers;
    (iv) Issuers of asset-backed securities (as that term is defined in 
section 1101(c) of part 229 of title 17, Code of Federal Regulations, as 
in effect on September 29, 2006);
    (v) Issuers of government securities, municipal securities, or 
securities issued by a foreign government; or
    (vi) A combination of one or more categories of obligors described 
in any of paragraphs (h)(1)(i) through (v) of this section; and
    (2) Is registered under 15 U.S.C. 78o-7.
    (i) OSHA means the Occupational Safety and Health Administration of

[[Page 871]]

the United States Department of Labor.
    (j) Person means one or more individuals, partnerships, 
associations, companies, corporations, business trusts, legal 
representatives or any group of persons.
    (k) Respondent means the person named in the complaint who is 
alleged to have violated the Act.
    (l) Secretary means the Secretary of Labor or persons to whom 
authority under the Act has been delegated.
    (m) Any future statutory amendments that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.



Sec.  1980.102  Obligations and prohibited acts.

    (a) No covered person may discharge, demote, suspend, threaten, 
harass or in any other manner retaliate against, including, but not 
limited to, intimidating, threatening, restraining, coercing, 
blacklisting or disciplining, any employee with respect to the 
employee's compensation, terms, conditions, or privileges of employment 
because the employee, or any person acting pursuant to the employee's 
request, has engaged in any of the activities specified in paragraphs 
(b)(1) and (2) of this section.
    (b) An employee is protected against retaliation (as described in 
paragraph (a) of this section) by a covered person for any lawful act 
done by the employee:
    (1) To provide information, cause information to be provided, or 
otherwise assist in an investigation regarding any conduct which the 
employee reasonably believes constitutes a violation of 18 U.S.C. 1341, 
1343, 1344, or 1348, any rule or regulation of the Securities and 
Exchange Commission, or any provision of Federal law relating to fraud 
against shareholders, when the information or assistance is provided to 
or the investigation is conducted by--
    (i) A Federal regulatory or law enforcement agency;
    (ii) Any Member of Congress or any committee of Congress; or
    (iii) A person with supervisory authority over the employee (or such 
other person working for the employer who has the authority to 
investigate, discover, or terminate misconduct); or
    (2) To file, cause to be filed, testify, participate in, or 
otherwise assist in a proceeding filed or about to be filed (with any 
knowledge of the employer) relating to an alleged violation of 18 U.S.C. 
1341, 1343, 1344, or 1348, any rule or regulation of the Securities and 
Exchange Commission, or any provision of Federal law relating to fraud 
against shareholders.



Sec.  1980.103  Filing of retaliation complaints.

    (a) Who may file. An employee who believes that he or she has been 
retaliated against by a covered person in violation of the Act may file, 
or have filed on the employee's behalf, a complaint alleging such 
retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the employee resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for filing. Within 180 days after an alleged violation of 
the Act occurs or after the date on which the employee became aware of 
the alleged violation of the Act, any employee who believes that he or 
she has been retaliated against in violation of the Act may file, or 
have filed on the employee's behalf, a complaint alleging such 
retaliation. The date of the postmark, facsimile transmittal, electronic 
communication transmittal, telephone call, hand-delivery, delivery to a 
third-party commercial carrier, or in-person filing at an OSHA office 
will be considered the date of filing. The time for filing a complaint 
may be tolled for reasons warranted by applicable case law. For example, 
OSHA may consider the

[[Page 872]]

time for filing a complaint equitably tolled if a complainant mistakenly 
files a complaint with the another agency instead of OSHA within 180 
days after becoming aware of the alleged violation.



Sec.  1980.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, OSHA 
will notify the respondent of the filing of the complaint, of the 
allegations contained in the complaint, and of the substance of the 
evidence supporting the complaint. Such materials will be redacted, if 
necessary, in accordance with the Privacy Act of 1974, 5 U.S.C. 552a, et 
seq., and other applicable confidentiality laws. OSHA will also notify 
the respondent of its rights under paragraphs (b) and (f) of this 
section and Sec.  1980.110(e). OSHA will provide an unredacted copy of 
these same materials to the complainant (or complainant's legal counsel, 
if complainant is represented by counsel) and to the Securities and 
Exchange Commission.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
may submit to OSHA a written statement and any affidavits or documents 
substantiating its position. Within the same 20 days, the respondent may 
request a meeting with OSHA to present its position.
    (c) During the investigation, OSHA will request that each party 
provide the other parties to the whistleblower complaint with a copy of 
submissions to OSHA that are pertinent to the whistleblower complaint. 
Alternatively, if a party does not provide its submissions to OSHA to 
the other party, OSHA will provide them to the other party (or the 
party's legal counsel if the party is represented by counsel) at a time 
permitting the other party an opportunity to respond. Before providing 
such materials to the other party, OSHA will redact them, if necessary, 
consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other 
applicable confidentiality laws. OSHA will also provide each party with 
an opportunity to respond to the other party's submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that a protected activity was a contributing 
factor in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity;
    (ii) The respondent knew or suspected that the employee engaged in 
the protected activity;
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complaint shows that the adverse personnel action 
took place within a temporal proximity after the protected activity, or 
at the first opportunity available to respondent, giving rise to the 
inference that it was a contributing factor in the adverse action. If 
the required showing has not been made, the complainant (or the 
complainant's legal counsel, if complainant is represented by counsel) 
will be so notified and the investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, further investigation of the 
complaint will not be conducted if the respondent

[[Page 873]]

demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of the complainant's protected 
activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in the prior paragraph, OSHA will proceed 
with the investigation. The investigation will proceed whenever it is 
necessary or appropriate to confirm or verify the information provided 
by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1980.105, if OSHA has reasonable cause, on the 
basis of information gathered under the procedures of this part, to 
believe that the respondent has violated the Act and that preliminary 
reinstatement is warranted, OSHA will contact the respondent (or the 
respondent's legal counsel, if respondent is represented by counsel) to 
give notice of the substance of the relevant evidence supporting the 
complainant's allegations as developed during the course of the 
investigation. This evidence includes any witness statements, which will 
be redacted to protect the identity of confidential informants where 
statements were given in confidence; if the statements cannot be 
redacted without revealing the identity of confidential informants, 
summaries of their contents will be provided. The complainant will also 
receive a copy of the materials that must be provided to the respondent 
under this paragraph. Before providing such materials to the 
complainant, OSHA will redact them, if necessary, in accordance with the 
Privacy Act of 1974, 5 U.S.C. 552a, and other applicable confidentiality 
laws. The respondent will be given the opportunity to submit a written 
response, to meet with the investigator, to present statements from 
witnesses in support of its position, and to present legal and factual 
arguments. The respondent will present this evidence within 10 business 
days of OSHA's notification pursuant to this paragraph, or as soon 
afterwards as OSHA and the respondent can agree, if the interests of 
justice so require.



Sec.  1980.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary shall issue, within 60 days 
of the filing of the complaint, written findings as to whether or not 
there is reasonable cause to believe that the respondent has retaliated 
against the complainant in violation of the Act.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will include all relief necessary 
to make the employee whole, including reinstatement with the same 
seniority status that the complainant would have had but for the 
retaliation; back pay with interest; and compensation for any special 
damages sustained as a result of the retaliation, including litigation 
costs, expert witness fees, and reasonable attorney fees. Interest on 
back pay will be calculated using the interest rate applicable to 
underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. 
The preliminary order will also require the respondent to submit 
appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings, and where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings, and where appropriate, the preliminary order 
will inform the parties of the right to object to the findings and/or 
order and to request a hearing, and of the right of the respondent to 
request an award of attorney fees not exceeding $1,000 from the 
administrative law judge (ALJ) regardless of whether the respondent has 
filed objections, if the complaint was frivolous or brought in bad 
faith. The findings, and where appropriate, the preliminary

[[Page 874]]

order, also will give the address of the Chief Administrative Law Judge, 
U.S. Department of Labor, or appropriate information regarding filing 
objections electronically with the Office of Administrative Law Judges. 
At the same time, the Assistant Secretary will file with the Chief 
Administrative Law Judge a copy of the original complaint and a copy of 
the findings and/or order.
    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for hearing has been timely filed as provided at Sec.  
1980.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.

[80 FR 11880, Mar. 5, 2015, as amended at 86 FR 1789, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1980.106  Objections to the findings and the preliminary order 
and request for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and preliminary order, or a respondent alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney fees under the Act, must file any objections and/or a request 
for a hearing on the record within 30 days of receipt of the findings 
and preliminary order pursuant to Sec.  1980.105(b). The objections and/
or request for a hearing must be in writing and state whether the 
objections are to the findings and/or the preliminary order, and/or 
whether there should be an award of attorney fees. The date of the 
postmark, facsimile transmittal, or electronic transmittal is considered 
the date of filing; if the objection is filed in person, by hand-
delivery or other means, the objection is filed upon receipt. Objections 
must be filed with the Chief Administrative Law Judge, U.S. Department 
of Labor, in accordance with 29 CFR part 18, and copies of the 
objections must be served at the same time on the other parties of 
record, the OSHA official who issued the findings and order, the 
Assistant Secretary, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or preliminary 
order will become the final decision of the Secretary, not subject to 
judicial review.

[80 FR 11880, Mar. 5, 2015, as amended at 86 FR 1789, Jan. 11, 2021]



Sec.  1980.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo, on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.

[[Page 875]]

    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.

[80 FR 11880, Mar. 5, 2015, as amended at 86 FR 1789, Jan. 11, 2021]



Sec.  1980.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies of all documents in the case. 
At the Assistant Secretary's discretion, the Assistant Secretary may 
participate as a party or as amicus curiae at any time at any stage of 
the proceeding. This right to participate includes, but is not limited 
to, the right to petition for review of a decision of an ALJ, including 
a decision approving or rejecting a settlement agreement between the 
complainant and the respondent.
    (2) Parties must send copies of documents to OSHA and to the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, only upon request of OSHA, or when OSHA is participating in 
the proceeding, or when service on OSHA and the Associate Solicitor is 
otherwise required by these rules.
    (b) The Securities and Exchange Commission, if interested in a 
proceeding, may participate as amicus curiae at any time in the 
proceeding, at the Commission's discretion. At the request of the 
Securities and Exchange Commission, copies of all documents in a case 
must be sent to the Commission, whether or not the Commission is 
participating in the proceeding.



Sec.  1980.109  Decision and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.
    (c) Neither OSHA's determination to dismiss a complaint without 
completing an investigation pursuant to Sec.  1980.104(e) nor OSHA's 
determination to proceed with an investigation is subject to review by 
the ALJ, and a complaint may not be remanded for the completion of an 
investigation or for additional findings on the basis that a 
determination to dismiss was made in error. Rather, if there otherwise 
is jurisdiction, the ALJ will hear the case on the merits or dispose of 
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the order will provide all relief necessary to make the employee 
whole, including, reinstatement with the same seniority status that the 
complainant would have had but for the retaliation; back pay with 
interest; and compensation for any special damages sustained as a result 
of the retaliation, including litigation costs, expert witness fees, and 
reasonable attorney fees. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The order will also require the 
respondent to submit appropriate documentation to the Social Security 
Administration allocating any back pay award to the appropriate calendar 
quarters.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint was frivolous or 
was brought in bad faith, the judge may award to the respondent 
reasonable attorney fees, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.

[[Page 876]]

Any ALJ's decision requiring reinstatement or lifting an order of 
reinstatement by the Assistant Secretary will be effective immediately 
upon receipt of the decision by the respondent. All other portions of 
the ALJ's order will be effective 14 days after the date of the decision 
unless a timely petition for review has been filed with the 
Administrative Review Board (ARB). The decision of the ALJ will become 
the final order of the Secretary unless a petition for review is timely 
filed with the ARB, and the ARB accepts the petition for review.



Sec.  1980.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint was 
frivolous or brought in bad faith who seeks an award of attorney fees, 
must file a written petition for review with the ARB. The parties should 
identify in their petitions for review the legal conclusions or orders 
to which they object, or the objections may be deemed waived. A petition 
must be filed within 14 days of the date of the decision of the ALJ. The 
date of the postmark, facsimile transmittal, or electronic communication 
transmittal will be considered to be the date of filing; if the petition 
is filed in person, by hand delivery or other means, the petition is 
considered filed upon receipt. The petition must be served on all 
parties and on the Chief Administrative Law Judge at the time it is 
filed with the ARB. Copies of the petition for review must be served on 
the Assistant Secretary and on the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay the order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If no timely petition for 
review is filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If no timely petition for 
review is filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB shall be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case, the conclusion of 
the hearing is the date the motion for reconsideration is ruled upon or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge. The 
decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, even if the 
Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing all relief necessary to make the 
complainant whole, including reinstatement with the same seniority 
status that the complainant would have had but for the retaliation; back 
pay with interest; and compensation for any special damages sustained as 
a result of the retaliation, including litigation costs, expert witness 
fees, and reasonable attorney fees. Interest on back pay will be 
calculated using the interest rate applicable to underpayment of taxes 
under 26 U.S.C. 6621 and will be compounded daily. The order will also 
require the respondent to submit appropriate documentation to the Social 
Security Administration allocating any back pay award to the appropriate 
calendar quarters. Such order is subject to discretionary review by the 
Secretary as provided in Secretary's Order 01-2020 (or any successor to 
that order).

[[Page 877]]

    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

[80 FR 11880, Mar. 5, 2015, as amended at 85 FR 30621, May 20, 2020; 86 
FR 1789, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1980.111  Withdrawal of complaints, findings, objections, and 
petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying OSHA, orally or in writing, 
of his or her withdrawal. OSHA then will confirm in writing the 
complainant's desire to withdraw and determine whether to approve the 
withdrawal. OSHA will notify the parties (and each party's legal counsel 
if the party is represented by counsel) of the approval of any 
withdrawal. If the complaint is withdrawn because of settlement, the 
settlement must be submitted for approval in accordance with paragraph 
(d) of this section. A complainant may not withdraw his or her complaint 
after the filing of objections to the Assistant Secretary's findings 
and/or preliminary order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1980.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings and/or order 
will begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw objections to the Assistant 
Secretary's findings and/or order by filing a written withdrawal with 
the ALJ. If the case is on review with the ARB, a party may withdraw a 
petition for review of an ALJ's decision at any time before that 
decision becomes final by filing a written withdrawal with the ARB. The 
ALJ or the ARB, as the case may be, will determine whether to approve 
the withdrawal of the objections or the petition for review. If the ALJ 
approves a request to withdraw objections to the Assistant Secretary's 
findings and/or order, and there are no other pending objections, the 
Assistant Secretary's findings and/or order will become the final order 
of the Secretary. If the ARB approves a request to withdraw a petition 
for review of an ALJ decision, and there are no other pending petitions 
for review of that decision, the ALJ's decision will become the final 
order of the Secretary. If objections or a petition for review are 
withdrawn because of settlement, the settlement must be submitted for 
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, and before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if 
OSHA, the complainant and the respondent agree to a settlement. OSHA's 
approval of a settlement reached by the respondent and the complainant 
demonstrates OSHA's consent and achieves the consent of all three 
parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. A copy of the 
settlement will be filed with the ALJ or the ARB, as appropriate.
    (e) Any settlement approved by OSHA, the ALJ, or the ARB, will 
constitute the final order of the Secretary and may be enforced in 
United States district court pursuant to Sec.  1980.113.



Sec.  1980.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision

[[Page 878]]

issued by the Secretary upon his or her discretionary review) for which 
judicial review is available, any person adversely affected or aggrieved 
by the order may file a petition for review of the order in the United 
States Court of Appeals for the circuit in which the violation allegedly 
occurred or the circuit in which the complainant resided on the date of 
the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[80 FR 11880, Mar. 5, 2015, as amended at 85 FR 30622, May 20, 2020]



Sec.  1980.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement, or a final order, including one approving a settlement 
agreement, issued under the Act, the Secretary may file a civil action 
seeking enforcement of the order in the United States district court for 
the district in which the violation was found to have occurred. Whenever 
any person has failed to comply with a preliminary order of 
reinstatement, or a final order, including one approving a settlement 
agreement, issued under the Act, a person on whose behalf the order was 
issued may file a civil action seeking enforcement of the order in the 
appropriate United States district court.



Sec.  1980.114  District court jurisdiction over retaliation complaints.

    (a) If the Secretary has not issued a final decision within 180 days 
of the filing of the complaint, and there is no showing that there has 
been delay due to the bad faith of the complainant, the complainant may 
bring an action at law or equity for de novo review in the appropriate 
district court of the United States, which will have jurisdiction over 
such an action without regard to the amount in controversy. A party to 
an action brought under this paragraph shall be entitled to trial by 
jury.
    (b) A proceeding under paragraph (a) of this section shall be 
governed by the same legal burdens of proof specified in Sec.  1980.109. 
An employee prevailing in any action under paragraph (a) of this section 
shall be entitled to all relief necessary to make the employee whole, 
including:
    (1) Reinstatement with the same seniority status that the employee 
would have had, but for the retaliation;
    (2) The amount of back pay, with interest;
    (3) Compensation for any special damages sustained as a result of 
the retaliation; and
    (4) Litigation costs, expert witness fees, and reasonable attorney 
fees.
    (c) Within seven days after filing a complaint in federal court, a 
complainant must file with OSHA, the ALJ, or the ARB, depending on where 
the proceeding is pending, a copy of the file-stamped complaint. A copy 
of the complaint also must be served on the OSHA official who issued the 
findings and/or preliminary order, the Assistant Secretary, and the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor.



Sec.  1980.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of this 
part, or for good cause shown, the ALJ or the ARB on review may, upon 
application, after three days notice to all parties, waive any rule or 
issue any orders that justice or the administration of the Act requires.



PART 1981_PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS
UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 
2002--Table of Contents



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders

Sec.
1981.100 Purpose and scope.
1981.101 Definitions.
1981.102 Obligations and prohibited acts.
1981.103 Filing of discrimination complaint.
1981.104 Investigation.

[[Page 879]]

1981.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1981.106 Objections to the findings and the preliminary order and 
          request for a hearing.
1981.107 Hearings.
1981.108 Role of Federal agencies.
1981.109 Decision and orders of the administrative law judge.
1981.110 Decision and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1981.111 Withdrawal of complaints, objections, and findings; settlement.
1981.112 Judicial review.
1981.113 Judicial enforcement.
1981.114 Special circumstances; waiver of rules.

    Authority: 49 U.S.C. 60129; Secretary's Order 1-2012 (Jan. 18, 
2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR 
13186 (March 6, 2020).

    Source: 69 FR 17591, Apr. 5, 2004, unless otherwise noted.



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders



Sec.  1981.100  Purpose and scope.

    (a) This part implements procedures under section 6 of the Pipeline 
Safety Improvement Act of 2002, 49 U.S.C. 60129 (``the Pipeline Safety 
Act''), which provides for employee protection from discrimination by a 
person owning or operating a pipeline facility or a contractor or 
subcontractor of such person because the employee has engaged in 
protected activity pertaining to a violation or alleged violation of any 
order, regulation, or standard under chapter 601, subtitle VIII of title 
49 of the United States Code or any other provision of Federal law 
relating to pipeline safety.
    (b) This part establishes procedures pursuant to the Pipeline Safety 
Act for the expeditious handling of discrimination complaints made by 
employees, or by persons acting on their behalf. These rules, together 
with those rules codified at 29 CFR part 18, set forth the procedures 
for submission of complaints under the Pipeline Safety Act, 
investigations, issuance of findings and preliminary orders, objections 
to findings and orders, litigation before administrative law judges, 
post-hearing administrative review, and withdrawals and settlements.



Sec.  1981.101  Definitions.

    ``Act'' or ``Pipeline Safety Act'' means section 6 of the Pipeline 
Safety Improvement Act of 2002, Public Law No. 107-355, December 17, 
2002, 49 U.S.C. 60129.
    ``Assistant Secretary'' means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under the Act.
    ``Complainant'' means the employee who filed a complaint under the 
Act or on whose behalf a complaint was filed.
    ``Employee'' means an individual presently or formerly working for a 
person owning or operating a pipeline facility or a contractor or 
subcontractor of such a person, an individual applying to work for a 
person owning or operating a pipeline facility or a contractor or 
subcontractor of such a person, or an individual whose employment could 
be affected by a person owning or operating a pipeline facility or a 
contractor or subcontractor of such a person.
    ``Employer'' means a person owning or operating a pipeline facility 
or a contractor or subcontractor of such a person.
    ``Gas pipeline facility'' includes a pipeline, a right of way, a 
facility, a building, or equipment used in transporting gas or treating 
gas during its transportation.
    ``Hazardous liquid pipeline facility'' includes a pipeline, a right 
of way, a facility, a building, or equipment used or intended to be used 
in transporting hazardous liquid.
    ``Named person'' means the person alleged to have violated the Act.
    ``OSHA'' means the Occupational Safety and Health Administration of 
the United States Department of Labor.
    ``Person'' means a corporation, company, association, firm, 
partnership, joint stock company, an individual, a State, a 
municipality, and a trustee, receiver, assignee, or personal 
representative of a person.

[[Page 880]]

    ``Pipeline facility'' means a gas pipeline facility and a hazardous 
liquid pipeline facility.
    ``Secretary'' means the Secretary of Labor or persons to whom 
authority under the Act has been delegated.



Sec.  1981.102  Obligations and prohibited acts.

    (a) No employer may discharge any employee or otherwise discriminate 
against any employee with respect to the employee's compensation, terms, 
conditions, or privileges of employment because the employee, or any 
person acting pursuant to the employee's request, engaged in any of the 
activities specified in paragraphs (b)(1) through (5) of this section.
    (b) It is a violation of the Act for any employer to intimidate, 
threaten, restrain, coerce, blacklist, discharge or in any other manner 
discriminate against any employee because the employee has:
    (1) Provided, caused to be provided, or is about to provide or cause 
to be provided to the employer or the Federal Government, information 
relating to any violation or alleged violation of any order, regulation, 
or standard under chapter 601, subtitle VIII of title 49 of the United 
States Code or any other Federal law relating to pipeline safety;
    (2) Refused to engage in any practice made unlawful by chapter 601, 
in subtitle VIII of title 49 of the United States Code or any other 
Federal law relating to pipeline safety, if the employee has identified 
the alleged illegality to the employer;
    (3) Provided, caused to be provided, or is about to provide or cause 
to be provided, testimony before Congress or at any Federal or State 
proceeding regarding any provision (or proposed provision) of chapter 
601, subtitle VIII of title 49 of the United States Code or any other 
Federal law relating to pipeline safety, or testimony in any proceeding 
under chapter 601, subtitle VIII of title 49 of the United States Code 
or any other Federal law relating to pipeline safety, or a proceeding 
for the administration or enforcement of any requirement imposed under 
chapter 601, subtitle VIII of title 49 of the United States Code or any 
other Federal law relating to pipeline safety;
    (4) Commenced, caused to be commenced, or is about to commence or 
cause to be commenced a proceeding under chapter 601, subtitle VIII of 
title 49 of the United States Code or any other Federal law relating to 
pipeline safety, or a proceeding for the administration or enforcement 
of any requirement imposed under chapter 601, subtitle VIII of title 49 
of the United States Code or any other Federal law relating to pipeline 
safety; or
    (5) Assisted or participated or is about to assist or participate in 
any manner in such a proceeding or in any other action to carry out the 
purposes of chapter 601, subtitle VIII of title 49 of the United States 
Code or any other Federal law relating to pipeline safety.
    (c) This part shall have no application to any employee of an 
employer who, acting without direction from the employer (or such 
employer's agent), deliberately causes a violation of any requirement 
relating to pipeline safety under chapter 601, subtitle VIII of title 49 
of the United States Code or any other Federal law.



Sec.  1981.103  Filing of discrimination complaint.

    (a) Who may file. An employee who believes that he or she has been 
discriminated against by an employer in violation of the Act may file, 
or have filed by any person on the employee's behalf, a complaint 
alleging such discrimination.
    (b) Nature of filing. No particular form of complaint is required, 
except that a complaint must be in writing and should include a full 
statement of the acts and omissions, with pertinent dates, which are 
believed to constitute the violations.
    (c) Place of filing. The complaint should be filed with the OSHA 
Area Director responsible for enforcement activities in the geographical 
area where the employee resides or was employed, but may be filed with 
any OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.

[[Page 881]]

    (d) Time for filing. Within 180 days after an alleged violation of 
the Act occurs (i.e., when the discriminatory decision has been both 
made and communicated to the complainant), an employee who believes that 
he or she has been discriminated against in violation of the Act may 
file, or have filed by any person on the employee's behalf, a complaint 
alleging such discrimination. The date of the postmark, facsimile 
transmittal, or e-mail communication will be considered to be the date 
of filing; if the complaint is filed in person, by hand-delivery or 
other means, the complaint is filed upon receipt.
    (e) Relationship to section 11(c) complaints. A complaint filed 
under the Pipeline Safety Act that alleges facts which would constitute 
a violation of section 11(c) of the Occupational Safety and Health Act, 
29 U.S.C. 660(c), will be deemed to be a complaint filed under both the 
Pipeline Safety Act and section 11(c). Similarly, a complaint filed 
under section 11(c) that alleges facts that would constitute a violation 
of the Pipeline Safety Act will be deemed to be a complaint filed under 
both the Pipeline Safety Act and section 11(c). Normal procedures and 
timeliness requirements for investigations under the respective laws and 
regulations will be followed.



Sec.  1981.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, the 
Assistant Secretary will notify the named person of the filing of the 
complaint, of the allegations contained in the complaint, and of the 
substance of the evidence supporting the complaint (redacted to protect 
the identity of any confidential informants). The Assistant Secretary 
will also notify the named person of his or her rights under paragraphs 
(b) and (c) of this section and paragraph (e) of Sec.  1981.110. A copy 
of the notice to the named person will also be provided to the 
Department of Transportation.
    (b) A complaint of alleged violation shall be dismissed unless the 
complainant has made a prima facie showing that protected behavior or 
conduct was a contributing factor in the unfavorable personnel action 
alleged in the complaint.
    (1) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity or conduct;
    (ii) The named person knew or suspected, actually or constructively, 
that the employee engaged in the protected activity;
    (iii) The employee suffered an unfavorable personnel action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the unfavorable 
action.
    (2) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the named person knew or suspected that the 
employee engaged in protected activity and that the protected activity 
was a contributing factor in the unfavorable personnel action. Normally 
the burden is satisfied, for example, if the complaint shows that the 
adverse personnel action took place shortly after the protected 
activity, giving rise to the inference that it was a factor in the 
adverse action. If the required showing has not been made, the 
complainant will be so advised and the investigation will not commence.
    (c) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, an investigation of the 
complaint shall not be conducted if the named person, pursuant to the 
procedures provided in this paragraph, demonstrates by clear and 
convincing evidence that it would have taken the same unfavorable 
personnel action in the absence of the complainant's protected behavior 
or conduct. Within 20 days of receipt of the notice of the filing of the 
complaint, the named person may submit to the Assistant Secretary a 
written statement and any affidavits or documents substantiating his or 
her position. Within the same 20 days, the

[[Page 882]]

named person may request a meeting with the Assistant Secretary to 
present his or her position.
    (d) If the named person fails to demonstrate by clear and convincing 
evidence that it would have taken the same unfavorable personnel action 
in the absence of the behavior protected by the Act, the Assistant 
Secretary will conduct an investigation. Investigations will be 
conducted in a manner that protects the confidentiality of any person 
who provides information on a confidential basis, other than the 
complainant, in accordance with part 70 of title 29 of the Code of 
Federal Regulations.
    (e) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1981.105, if the Assistant Secretary has 
reasonable cause, on the basis of information gathered under the 
procedures of this part, to believe that the named person has violated 
the Act and that preliminary reinstatement is warranted, the Assistant 
Secretary will again contact the named person to give notice of the 
substance of the relevant evidence supporting the complainant's 
allegations as developed during the course of the investigation. This 
evidence includes any witness statements, which will be redacted to 
protect the identity of confidential informants where statements were 
given in confidence; if the statements cannot be redacted without 
revealing the identity of confidential informants, summaries of their 
contents will be provided. The named person will be given the 
opportunity to submit a written response, to meet with the investigators 
to present statements from witnesses in support of his or her position, 
and to present legal and factual arguments. The named person will 
present this evidence within 10 business days of the Assistant 
Secretary's notification pursuant to this paragraph, or as soon 
afterwards as the Assistant Secretary and the named person can agree, if 
the interests of justice so require.



Sec.  1981.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary shall issue, within 60 days 
of filing of the complaint, written findings as to whether or not there 
is reasonable cause to believe that the named person has discriminated 
against the complainant in violation of the Act.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, he or she shall 
accompany the findings with a preliminary order providing relief to the 
complainant. The preliminary order shall include, where appropriate, a 
requirement that the named person abate the violation; reinstatement of 
the complainant to his or her former position, together with the 
compensation (including back pay), terms, conditions and privileges of 
the complainant's employment; and payment of compensatory damages. Where 
the named person establishes that the complainant is a security risk 
(whether or not the information is obtained after the complainant's 
discharge), a preliminary order of reinstatement would not be 
appropriate. At the complainant's request the order shall also assess 
against the named person the complainant's costs and expenses (including 
attorney's and expert witness fees) reasonably incurred in connection 
with the filing of the complaint.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and the preliminary order will be sent by means 
that allow OSHA to confirm delivery to all parties of record. The letter 
accompanying the findings and order will inform the parties of their 
right to file objections and to request a hearing, and of the right of 
the named person to request attorney's fees from the administrative law 
judge, regardless of whether the named person has filed objections, if 
the named person alleges that the complaint was frivolous or brought in 
bad faith. The letter also will give the address of the Chief 
Administrative Law Judge or appropriate information regarding filing 
objections electronically with the Office of Administrative Law Judges. 
At the same time, the Assistant Secretary will file with the Chief 
Administrative Law Judge, U.S. Department of Labor, a copy of the 
original complaint and a copy of the findings and order.

[[Page 883]]

    (c) The findings and the preliminary order will be effective 60 days 
after receipt by the named person pursuant to paragraph (b) of this 
section, unless an objection and a request for a hearing has been filed 
as provided at Sec.  1981.106. However, the portion of any preliminary 
order requiring reinstatement will be effective immediately upon receipt 
of the findings and preliminary order.

[69 FR 17591, Apr. 5, 2004, as amended at 86 FR 1790, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1981.106  Objections to the findings and the preliminary 
order and request for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and preliminary order, or a named person alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney's fees, must file any objections and/or a request for a hearing 
on the record within 60 days of receipt of the findings and preliminary 
order pursuant to Sec.  1981.105(b). The objection or request for 
attorney's fees and request for a hearing must be in writing and state 
whether the objection is to the findings, the preliminary order, and/or 
whether there should be an award of attorney's fees. The date of the 
postmark, facsimile transmittal, or electronic transmittal will be 
considered to be the date of filing; if the objection is filed in 
person, by hand-delivery or other means, the objection is filed upon 
receipt. Objections must be filed with the Chief Administrative Law 
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and 
copies of the objections must be served at the same time on the other 
parties of record, the OSHA official who issued the findings and order, 
and the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor.
    (b)(1) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which shall not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the named person's receipt of the findings 
and preliminary order, regardless of any objections to the order. The 
named person may file a motion with the Office of Administrative Law 
Judges for stay of the Assistant Secretary's preliminary order.
    (2) If no timely objection is filed with respect to either the 
findings or the preliminary order, the findings or preliminary order, as 
the case may be, shall become the final decision of the Secretary, not 
subject to judicial review.

[69 FR 17591, Apr. 5, 2004, as amended at 86 FR 1790, Jan. 11, 2021]



Sec.  1981.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A, part 18 of title 29 of the Code of Federal 
Regulations.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to a judge who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo, on the record. Administrative law judges have broad 
discretion to limit discovery in order to expedite the hearing.
    (c) If both the complainant and the named person object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The administrative law judge may exclude evidence that is 
immaterial, irrelevant, or unduly repetitious.

[69 FR 17591, Apr. 5, 2004, as amended at 86 FR 1790, Jan. 11, 2021]



Sec.  1981.108  Role of Federal agencies.

    (a)(1) The complainant and the named person will be parties in every

[[Page 884]]

proceeding. At the Assistant Secretary's discretion, the Assistant 
Secretary may participate as a party or as amicus curiae at any time at 
any stage of the proceedings. This right to participate includes, but is 
not limited to, the right to petition for review of a decision of an 
administrative law judge, including a decision approving or rejecting a 
settlement agreement between the complainant and the named person.
    (2) Copies of pleadings in all cases, whether or not the Assistant 
Secretary is participating in the proceeding, must be sent to the 
Assistant Secretary, Occupational Safety and Health Administration, and 
to the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, Washington, DC 20210.
    (b) The Secretary of Transportation may participate as amicus curiae 
at any time in the proceedings, at the Secretary of Transportation's 
discretion. At the request of the Secretary of Transportation, copies of 
all pleadings in a case must be sent to the Secretary of Transportation, 
whether or not the Secretary of Transportation is participating in the 
proceeding.



Sec.  1981.109  Decision and orders of the administrative law judge.

    (a) The decision of the administrative law judge will contain 
appropriate findings, conclusions, and an order pertaining to the 
remedies provided in paragraph (b) of this section, as appropriate. A 
determination that a violation has occurred may only be made if the 
complainant has demonstrated that protected behavior or conduct was a 
contributing factor in the unfavorable personnel action alleged in the 
complaint. Relief may not be ordered if the named person demonstrates by 
clear and convincing evidence that it would have taken the same 
unfavorable personnel action in the absence of any protected behavior. 
Neither the Assistant Secretary's determination to dismiss a complaint 
without completing an investigation pursuant to Sec.  1981.104(b) nor 
the Assistant Secretary's determination to proceed with an investigation 
is subject to review by the administrative law judge, and a complaint 
may not be remanded for the completion of an investigation or for 
additional findings on the basis that a determination to dismiss was 
made in error. Rather, if there otherwise is jurisdiction, the 
administrative law judge will hear the case on the merits.
    (b) If the administrative law judge concludes that the party charged 
has violated the law, the order shall direct the party charged to take 
appropriate affirmative action to abate the violation, including, where 
appropriate, reinstatement of the complainant to that person's former 
position, together with the compensation (including back pay), terms, 
conditions, and privileges of that employment, and compensatory damages. 
At the request of the complainant, the administrative law judge shall 
assess against the named person all costs and expenses (including 
attorney and expert witness fees) reasonably incurred. If, upon the 
request of the named person, the administrative law judge determines 
that a complaint was frivolous or was brought in bad faith, the judge 
may award to the named person a reasonable attorney's fee, not exceeding 
$1,000.
    (c) The decision will be served upon all parties to the proceeding. 
Any administrative law judge's decision requiring reinstatement or 
lifting an order of reinstatement by the Assistant Secretary will be 
effective immediately upon receipt of the decision by the named person, 
and will not be stayed by the filing of a timely petition for review 
with the Administrative Review Board. All other portions of the judge's 
order will be effective 10 business days after the date of the decision 
unless a timely petition for review has been filed with the 
Administrative Review Board.



Sec.  1981.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the Administrative Law Judge, or a named person alleging 
that the complaint was frivolous or brought in bad faith who seeks an 
award of attorney's fees, must file a written petition for review with 
the Administrative Review Board (``the Board''). The decision of the 
Administrative Law Judge will become the final order of the Secretary

[[Page 885]]

unless, pursuant to this section, a petition for review is timely filed 
with the Board. The petition for review must specifically identify the 
findings, conclusions, or orders to which exception is taken. Any 
exception not specifically urged ordinarily will be deemed to have been 
waived by the parties. To be effective, a petition must be filed within 
10 business days of the date of the decision of the Administrative Law 
Judge. The date of the postmark, facsimile transmittal, or email 
communication will be considered to be the date of filing; if the 
petition is filed in person, by hand delivery or other means, the 
petition is considered filed upon receipt. The petition must be served 
on all parties and on the Chief Administrative Law Judge at the time it 
is filed with the Board. Copies of the petition for review and all 
briefs must be served on the Assistant Secretary, Occupational Safety 
and Health Administration, and on the Associate Solicitor, Division of 
Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the administrative law judge will 
become the final order of the Secretary unless the Board, within 30 days 
of the filing of the petition, issues an order notifying the parties 
that the case has been accepted for review. If a case is accepted for 
review, the decision of the administrative law judge will be inoperative 
unless and until the Board issues an order adopting the decision, except 
that a preliminary order of reinstatement will be effective while review 
is conducted by the Board, unless the Board grants a motion to stay the 
order. The Board will specify the terms under which any briefs are to be 
filed. The Board will review the factual determinations of the 
administrative law judge under the substantial evidence standard.
    (c) The decision of the Board shall be issued within 90 days of the 
conclusion of the hearing, which will be deemed to be the conclusion of 
all proceedings before the Administrative Law Judge--i.e., 10 business 
days after the date of the decision of the Administrative Law Judge 
unless a motion for reconsideration has been filed with the 
Administrative Law Judge in the interim. The decision will be served 
upon all parties and the Chief Administrative Law Judge. The decision 
will also be served on the Assistant Secretary, Occupational Safety and 
Health Administration, and on the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor, even if the Assistant 
Secretary is not a party.
    (d) If the ARB concludes that the party charged has violated the 
law, the ARB shall order the party charged to take appropriate 
affirmative action to abate the violation, including, where appropriate, 
reinstatement of the complainant to that person's former position, 
together with the compensation (including back pay), terms, conditions, 
and privileges of that employment, and compensatory damages. At the 
request of the complainant, the Board shall assess against the named 
person all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Such order is subject to discretionary review 
by the Secretary as provided in Secretary's Order 01-2020 (or any 
successor to that order).
    (e) If the ARB concludes that the party charged has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the named person, the Board determines that a complaint was 
frivolous or was brought in bad faith, the Board may award to the named 
person reasonable attorney fees, not exceeding $1,000. An order under 
this section is subject to discretionary review by the Secretary as 
provided in Secretary's Order 01-2020 (or any successor to that order).

[69 FR 17591, Apr. 5, 2004, as amended at 85 FR 30622, May 20, 2020; 86 
FR 1790, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1981.111  Withdrawal of complaints, objections, and findings; settlement.

    (a) At any time prior to the filing of objections to the findings or 
preliminary order, a complainant may withdraw his or her complaint under 
the Act by filing a written withdrawal with the Assistant Secretary. The 
Assistant

[[Page 886]]

Secretary will then determine whether to approve the withdrawal. The 
Assistant Secretary will notify the named person of the approval of any 
withdrawal. If the complaint is withdrawn because of settlement, the 
settlement will be approved in accordance with paragraph (d) of this 
section.
    (b) The Assistant Secretary may withdraw his or her findings or a 
preliminary order at any time before the expiration of the 60-day 
objection period described in Sec.  1981.106, provided that no objection 
has yet been filed, and substitute new findings or preliminary order. 
The date of the receipt of the substituted findings or order will begin 
a new 60-day objection period.
    (c) At any time before the findings or order become final, a party 
may withdraw his or her objections to the findings or order by filing a 
written withdrawal with the administrative law judge or, if the case is 
on review, with the Board. The judge or the Board, as the case may be, 
will determine whether to approve the withdrawal. If the objections are 
withdrawn because of settlement, the settlement will be approved in 
accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, and before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if the 
Assistant Secretary, the complainant and the named person agree to a 
settlement.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the administrative law judge if the case 
is before the judge, or by the Board if a timely petition for review has 
been filed with the Board. A copy of the settlement will be filed with 
the administrative law judge or the Board, as the case may be.
    (e) Any settlement approved by the Assistant Secretary, the 
administrative law judge, or the Board will constitute the final order 
of the Secretary and may be enforced pursuant to Sec.  1981.113.



Sec.  1981.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation. A final order of the Secretary is 
not subject to judicial review in any criminal or other civil 
proceeding.
    (b) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the administrative law judge, 
will be transmitted by the Board to the appropriate court pursuant to 
the rules of the court.

[69 FR 17591, Apr. 5, 2004, as amended at 85 FR 30622, May 20, 2020]



Sec.  1981.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement or a final order or the terms of a settlement agreement, 
the Secretary or a person on whose behalf the order was issued may file 
a civil action seeking enforcement of the order in the United States 
district court for the district in which the violation was found to have 
occurred.



Sec.  1981.114  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of this 
part, or for good cause shown, the administrative law judge or the Board 
on review may, upon application, after three days notice to all parties, 
waive any rule or issue any orders that justice or the administration of 
the Act requires.

[[Page 887]]



PART 1982_PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER 
THE NATIONAL TRANSIT SYSTEMS SECURITY ACT AND THE FEDERAL RAILROAD 
SAFETY ACT--Table of Contents



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders

Sec.
1982.100 Purpose and scope.
1982.101 Definitions.
1982.102 Obligations and prohibited acts.
1982.103 Filing of retaliation complaints.
1982.104 Investigation.
1982.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1982.106 Objections to the findings and the preliminary order and 
          requests for a hearing.
1982.107 Hearings.
1982.108 Role of Federal agencies.
1982.109 Decision and orders of the administrative law judge.
1982.110 Decision and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1982.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1982.112 Judicial review.
1982.113 Judicial enforcement.
1982.114 District court jurisdiction of retaliation complaints.
1982.115 Special circumstances; waiver of rules.

    Authority: 6 U.S.C. 1142 and 49 U.S.C. 20109; Secretary of Labor's 
Order 01-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's 
Order No. 01-2020, 85 FR 13186 (March 6, 2020).

    Source: 80 FR 69132, Nov. 9, 2015, unless otherwise noted.



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders



Sec.  1982.100  Purpose and scope.

    (a) This part implements procedures of the National Transit Systems 
Security Act (NTSSA), 6 U.S.C. 1142, and the Federal Railroad Safety Act 
(FRSA), 49 U.S.C. 20109, as amended. NTSSA provides for employee 
protection from retaliation because the employee has engaged in 
protected activity pertaining to public transportation safety or 
security (or, in circumstances covered by the statute, the employee is 
perceived to have engaged or to be about to engage in protected 
activity). FRSA provides for employee protection from retaliation 
because the employee has engaged in protected activity pertaining to 
railroad safety or security (or, in circumstances covered by the 
statute, the employee is perceived to have engaged or to be about to 
engage in protected activity), has requested medical or first aid 
treatment, or has followed orders or a treatment plan of a treating 
physician. It also protects an employee against delay, denial or 
interference with first aid or medical treatment for a workplace injury.
    (b) This part establishes procedures under NTSSA and FRSA for the 
expeditious handling of retaliation complaints filed by employees, or by 
persons acting on their behalf, and sets forth the Secretary's 
interpretations of NTSSA and FRSA on certain statutory issues. These 
rules, together with those codified at 29 CFR part 18, set forth the 
procedures under NTSSA or FRSA for submission of complaints, 
investigations, issuance of findings and preliminary orders, objections 
to findings and orders, litigation before administrative law judges, 
post-hearing administrative review, and withdrawals and settlements.



Sec.  1982.101  Definitions.

    As used in this part:
    (a) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under NTSSA or FRSA.
    (b) Business days means days other than Saturdays, Sundays, and 
Federal holidays.
    (c) Complainant means the employee who filed a NTSSA or FRSA 
complaint or on whose behalf a complaint was filed.
    (d) Employee means an individual presently or formerly working for, 
an individual applying to work for, or an individual whose employment 
could be affected by a public transportation agency or a railroad 
carrier, or a contractor or subcontractor of a public

[[Page 888]]

transportation agency or a railroad carrier.
    (e) FRSA means Section 1521 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007, Public Law 110-053, August 3, 2007, as 
further amended by Public Law 110-432, October, 16, 2008, codified at 49 
U.S.C. 20109.
    (f) NTSSA means Section 1413 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007, Public Law 110-053, August 3, 2007, 
codified at 6 U.S.C. 1142.
    (g) OSHA means the Occupational Safety and Health Administration of 
the United States Department of Labor.
    (h) Public transportation means regular, continuing shared-ride 
surface transportation services that are open to the general public or 
open to a segment of the general public defined by age, disability, or 
low income; and does not include: Intercity passenger rail 
transportation provided by the entity described in chapter 243 (or a 
successor to such entity); intercity bus service; charter bus service; 
school bus service; sightseeing service; courtesy shuttle service for 
patrons of one or more specific establishments; or intra-terminal or 
intra-facility shuttle services.
    (i) Public transportation agency means a publicly owned operator of 
public transportation eligible to receive federal assistance under 49 
U.S.C. chapter 53.
    (j) Railroad means any form of nonhighway ground transportation that 
runs on rails or electromagnetic guideways, including commuter or other 
short-haul railroad passenger service in a metropolitan or suburban area 
and commuter railroad service that was operated by the Consolidated Rail 
Corporation on January 1, 1979; and high speed ground transportation 
systems that connect metropolitan areas, without regard to whether those 
systems use new technologies not associated with traditional railroads; 
but does not include rapid transit operations in an urban area that are 
not connected to the general railroad system of transportation.
    (k) Railroad carrier means a person providing railroad 
transportation, except that, upon petition by a group of commonly 
controlled railroad carriers that the Secretary of Transportation 
determines is operating within the United States as a single, integrated 
rail system, the Secretary of Transportation may by order treat the 
group of railroad carriers as a single railroad carrier for purposes of 
one or more provisions of part A, subtitle V of title 49 and 
implementing regulations and order, subject to any appropriate 
conditions that the Secretary of Transportation may impose.
    (l) Respondent means the person alleged to have violated NTSSA or 
FRSA.
    (m) Secretary means the Secretary of Labor or person to whom 
authority under NTSSA or FRSA has been delegated.
    (n) Any future statutory amendments that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.



Sec.  1982.102  Obligations and prohibited acts.

    (a) National Transit Systems Security Act. (1) A public 
transportation agency, contractor, or subcontractor of such agency, or 
officer or employee of such agency, shall not discharge, demote, 
suspend, reprimand, or in any other way retaliate against, including but 
not limited to intimidating, threatening, restraining, coercing, 
blacklisting, or disciplining, an employee if such retaliation is due, 
in whole or in part, to the employee's lawful, good faith act done, or 
perceived by the employer to have been done or about to be done--
    (i) To provide information, directly cause information to be 
provided, or otherwise directly assist in any investigation regarding 
any conduct which the employee reasonably believes constitutes a 
violation of any Federal law, rule, or regulation relating to public 
transportation safety or security, or fraud, waste, or abuse of Federal 
grants or other public funds intended to be used for public 
transportation safety or security, if the information or assistance is 
provided to or an investigation stemming from the provided information 
is conducted by--

[[Page 889]]

    (A) A Federal, State or local regulatory or law enforcement agency 
(including an office of the Inspector General under the Inspector 
General Act of 1978 (5 U.S.C. App.; Pub. L. 95-452));
    (B) Any Member of Congress, any Committee of Congress, or the 
Government Accountability Office; or
    (C) A person with supervisory authority over the employee or such 
other person who has the authority to investigate, discover, or 
terminate the misconduct;
    (ii) To refuse to violate or assist in the violation of any Federal 
law, rule, or regulation relating to public transportation safety or 
security;
    (iii) To file a complaint or directly cause to be brought a 
proceeding related to the enforcement of this section or to testify in 
that proceeding;
    (iv) To cooperate with a safety or security investigation by the 
Secretary of Transportation, the Secretary of Homeland Security, or the 
National Transportation Safety Board; or
    (v) To furnish information to the Secretary of Transportation, the 
Secretary of Homeland Security, the National Transportation Safety 
Board, or any Federal, State, or local regulatory or law enforcement 
agency as to the facts relating to any accident or incident resulting in 
injury or death to an individual or damage to property occurring in 
connection with public transportation.
    (2)(i) A public transportation agency, contractor, or subcontractor 
of such agency, or officer or employee of such agency, shall not 
discharge, demote, suspend, reprimand, or in any other way retaliate 
against, including but not limited to intimidating, threatening, 
restraining, coercing, blacklisting, or disciplining, an employee for--
    (A) Reporting a hazardous safety or security condition;
    (B) Refusing to work when confronted by a hazardous safety or 
security condition related to the performance of the employee's duties, 
if the conditions described in paragraph (a)(2)(ii) of this section 
exist; or
    (C) Refusing to authorize the use of any safety- or security-related 
equipment, track, or structures, if the employee is responsible for the 
inspection or repair of the equipment, track, or structures, when the 
employee believes that the equipment, track, or structures are in a 
hazardous safety or security condition, if the conditions described in 
paragraph (a)(2)(ii) of this section exist.
    (ii) A refusal is protected under paragraph (a)(2)(i)(B) and (C) of 
this section if--
    (A) The refusal is made in good faith and no reasonable alternative 
to the refusal is available to the employee;
    (B) A reasonable individual in the circumstances then confronting 
the employee would conclude that--
    (1) The hazardous condition presents an imminent danger of death or 
serious injury; and
    (2) The urgency of the situation does not allow sufficient time to 
eliminate the danger without such refusal; and
    (C) The employee, where possible, has notified the public 
transportation agency of the existence of the hazardous condition and 
the intention not to perform further work, or not to authorize the use 
of the hazardous equipment, track, or structures, unless the condition 
is corrected immediately or the equipment, track, or structures are 
repaired properly or replaced.
    (iii) In this paragraph (a)(2), only paragraph (a)(2)(i)(A) shall 
apply to security personnel, including transit police, employed or 
utilized by a public transportation agency to protect riders, equipment, 
assets, or facilities.
    (b)  Federal Railroad Safety Act. (1) A railroad carrier engaged in 
interstate or foreign commerce, a contractor or a subcontractor of such 
a railroad carrier, or an officer or employee of such a railroad 
carrier, may not discharge, demote, suspend, reprimand, or in any other 
way retaliate against, including but not limited to intimidating, 
threatening, restraining, coercing, blacklisting, or disciplining, an 
employee if such retaliation is due, in whole or in part, to the 
employee's lawful, good faith act done, or perceived by the employer to 
have been done or about to be done--
    (i) To provide information, directly cause information to be 
provided, or otherwise directly assist in any investigation regarding 
any conduct which

[[Page 890]]

the employee reasonably believes constitutes a violation of any Federal 
law, rule, or regulation relating to railroad safety or security, or 
gross fraud, waste, or abuse of Federal grants or other public funds 
intended to be used for railroad safety or security, if the information 
or assistance is provided to or an investigation stemming from the 
provided information is conducted by--
    (A) A Federal, State, or local regulatory or law enforcement agency 
(including an office of the Inspector General under the Inspector 
General Act of 1978 (5 U.S.C. App.; Public Law 95-452));
    (B) Any Member of Congress, any committee of Congress, or the 
Government Accountability Office; or
    (C) A person with supervisory authority over the employee or such 
other person who has the authority to investigate, discover, or 
terminate the misconduct;
    (ii) To refuse to violate or assist in the violation of any Federal 
law, rule, or regulation relating to railroad safety or security;
    (iii) To file a complaint, or directly cause to be brought a 
proceeding related to the enforcement of 49 U.S.C. part A of subtitle V 
or, as applicable to railroad safety or security, 49 U.S.C. chapter 51 
or 57, or to testify in that proceeding;
    (iv) To notify, or attempt to notify, the railroad carrier or the 
Secretary of Transportation of a work-related personal injury or work-
related illness of an employee;
    (v) To cooperate with a safety or security investigation by the 
Secretary of Transportation, the Secretary of Homeland Security, or the 
National Transportation Safety Board;
    (vi) To furnish information to the Secretary of Transportation, the 
Secretary of Homeland Security, the National Transportation Safety 
Board, or any Federal, State, or local regulatory or law enforcement 
agency as to the facts relating to any accident or incident resulting in 
injury or death to an individual or damage to property occurring in 
connection with railroad transportation; or
    (vii) To accurately report hours on duty pursuant to 49 U.S.C. 
chapter 211.
    (2)(i) A railroad carrier engaged in interstate or foreign commerce, 
or an officer or employee of such a railroad carrier, shall not 
discharge, demote, suspend, reprimand, or in any other way retaliate 
against, including but not limited to intimidating, threatening, 
restraining, coercing, blacklisting, or disciplining, an employee for--
    (A) Reporting, in good faith, a hazardous safety or security 
condition;
    (B) Refusing to work when confronted by a hazardous safety or 
security condition related to the performance of the employee's duties, 
if the conditions described in paragraph (b)(2)(ii) of this section 
exist; or
    (C) Refusing to authorize the use of any safety-related equipment, 
track, or structures, if the employee is responsible for the inspection 
or repair of the equipment, track, or structures, when the employee 
believes that the equipment, track, or structures are in a hazardous 
safety or security condition, if the conditions described in paragraph 
(b)(2)(ii) of this section exist.
    (ii) A refusal is protected under paragraph (b)(2)(i)(B) and (C) of 
this section if--
    (A) The refusal is made in good faith and no reasonable alternative 
to the refusal is available to the employee;
    (B) A reasonable individual in the circumstances then confronting 
the employee would conclude that--
    (1) The hazardous condition presents an imminent danger of death or 
serious injury; and
    (2) The urgency of the situation does not allow sufficient time to 
eliminate the danger without such refusal; and
    (C) The employee, where possible, has notified the railroad carrier 
of the existence of the hazardous condition and the intention not to 
perform further work, or not to authorize the use of the hazardous 
equipment, track, or structures, unless the condition is corrected 
immediately or the equipment, track, or structures are repaired properly 
or replaced.
    (iii) In this paragraph (b)(2), only paragraph (b)(2)(i)(A) shall 
apply to security personnel employed by a railroad carrier to protect 
individuals and property transported by railroad.

[[Page 891]]

    (3) A railroad carrier or person covered under this section may not:
    (i) Deny, delay, or interfere with the medical or first aid 
treatment of an employee who is injured during the course of employment. 
If transportation to a hospital is requested by an employee injured 
during the course of employment, the railroad shall promptly arrange to 
have the injured employee transported to the nearest hospital where the 
employee can receive safe and appropriate medical care.
    (ii) Discipline, or threaten discipline to, an employee for 
requesting medical or first aid treatment, or for following orders or a 
treatment plan of a treating physician, except that--
    (A) A railroad carrier's refusal to permit an employee to return to 
work following medical treatment shall not be considered a violation of 
FRSA if the refusal is pursuant to Federal Railroad Administration 
medical standards for fitness of duty or, if there are no pertinent 
Federal Railroad Administration standards, a carrier's medical standards 
for fitness for duty.
    (B) For purposes of this paragraph, the term ``discipline'' means to 
bring charges against a person in a disciplinary proceeding, suspend, 
terminate, place on probation, or make note of reprimand on an 
employee's record.



Sec.  1982.103  Filing of retaliation complaints.

    (a) Who may file. An employee who believes that he or she has been 
retaliated against in violation of NTSSA or FRSA may file, or have filed 
by any person on the employee's behalf, a complaint alleging such 
retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the employee resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for Filing. Within 180 days after an alleged violation of 
NTSSA or FRSA occurs, any employee who believes that he or she has been 
retaliated against in violation of NTSSA or FRSA may file, or have filed 
by any person on the employee's behalf, a complaint alleging such 
retaliation. The date of the postmark, facsimile transmittal, electronic 
communication transmittal, telephone call, hand-delivery, delivery to a 
third-party commercial carrier, or in-person filing at an OSHA office 
will be considered the date of filing. The time for filing a complaint 
may be tolled for reasons warranted by applicable case law. For example, 
OSHA may consider the time for filing a complaint equitably tolled if a 
complainant mistakenly files a complaint with another agency instead of 
OSHA within 180 days after becoming aware of the alleged violation.



Sec.  1982.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, OSHA 
will notify the respondent of the filing of the complaint, of the 
allegations contained in the complaint, and of the substance of the 
evidence supporting the complaint. Such materials will be redacted, if 
necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and 
other applicable confidentiality laws. OSHA will also notify the 
respondent of its rights under paragraphs (b) and (f) of this section 
and Sec.  1982.110(e). OSHA will provide an unredacted copy of these 
same materials to the complainant (or the complainant's legal counsel if 
complainant is represented by counsel), and to the Federal Railroad 
Administration, the Federal Transit Administration, or the 
Transportation Security Administration as appropriate.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
may submit to OSHA a written statement and any affidavits or documents 
substantiating its position. Within the same 20 days, the respondent may 
request a meeting with OSHA to present its position.

[[Page 892]]

    (c) During the investigation, OSHA will request that each party 
provide the other parties to the whistleblower complaint with a copy of 
submissions to OSHA that are pertinent to the whistleblower complaint. 
Alternatively, if a party does not provide its submissions to OSHA to 
the other party, OSHA will provide them to the other party (or the 
party's legal counsel if the party is represented by counsel) at a time 
permitting the other party an opportunity to respond. Before providing 
such materials to the other party, OSHA will redact them, if necessary, 
consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other 
applicable confidentiality laws. OSHA will also provide each party with 
an opportunity to respond to the other party's submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that protected activity was a contributing factor 
in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity (or, in 
circumstances covered by NTSSA and FRSA, was perceived to have engaged 
or to be about to engage in protected activity);
    (ii) The respondent knew or suspected that the employee engaged in 
the protected activity (or, in circumstances covered by NTSSA and FRSA, 
perceived the employee to have engaged or to be about to engage in 
protected activity);
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity (or perception thereof) was a contributing factor 
in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity (or, in circumstances covered by NTSSA and 
FRSA, perceived the employee to have engaged or to be about to engage in 
protected activity), and that the protected activity (or perception 
thereof) was a contributing factor in the adverse action. The burden may 
be satisfied, for example, if the complaint shows that the adverse 
action took place shortly after the protected activity, or at the first 
opportunity available to the respondent, giving rise to the inference 
that it was a contributing factor in the adverse action. If the required 
showing has not been made, the complainant (or the complainant's legal 
counsel if complainant is represented by counsel) will be so notified 
and the investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, further investigation of the 
complaint will not be conducted if the respondent demonstrates by clear 
and convincing evidence that it would have taken the same adverse action 
in the absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in the prior paragraph, OSHA will proceed 
with the investigation. The investigation will proceed whenever it is 
necessary or appropriate to confirm or verify the information provided 
by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1982.105, if OSHA has reasonable cause, on the 
basis of information gathered under the procedures of this part, to 
believe that the respondent has violated NTSSA or FRSA and that 
preliminary reinstatement is warranted, OSHA will contact the respondent 
(or the respondent's legal counsel if respondent is represented by 
counsel) to

[[Page 893]]

give notice of the substance of the relevant evidence supporting the 
complainant's allegations as developed during the course of the 
investigation. This evidence includes any witness statements, which will 
be redacted to protect the identity of confidential informants where 
statements were given in confidence; if the statements cannot be 
redacted without revealing the identity of confidential informants, 
summaries of their contents will be provided. The complainant will also 
receive a copy of the materials that must be provided to the respondent 
under this paragraph. Before providing such materials, OSHA will redact 
them, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 
552a, and other applicable confidentiality laws. The respondent will be 
given the opportunity to submit a written response, to meet with the 
investigators, to present statements from witnesses in support of its 
position, and to present legal and factual arguments. The respondent 
must present this evidence within 10 business days of OSHA's 
notification pursuant to this paragraph, or as soon afterwards as OSHA 
and the respondent can agree, if the interests of justice so require.



Sec.  1982.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
filing of the complaint, written findings as to whether or not there is 
reasonable cause to believe that the respondent has retaliated against 
the complainant in violation of NTSSA or FRSA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will include, where appropriate: 
Affirmative action to abate the violation; reinstatement with the same 
seniority status that the employee would have had, but for the 
retaliation; any back pay with interest; and payment of compensatory 
damages, including compensation for any special damages sustained as a 
result of the retaliation, including litigation costs, expert witness 
fees, and reasonable attorney fees. Interest on back pay will be 
calculated using the interest rate applicable to underpayment of taxes 
under 26 U.S.C. 6621 and will be compounded daily. The preliminary order 
will also require the respondent to submit documentation to the Social 
Security Administration or the Railroad Retirement Board, as 
appropriate, allocating any back pay award to the appropriate months or 
calendar quarters. The preliminary order may also require the respondent 
to pay punitive damages up to $250,000.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings and, where appropriate, the preliminary order 
will inform the parties of the right to object to the findings and/or 
order and to request a hearing, and of the right of the respondent under 
NTSSA to request award of attorney fees not exceeding $1,000 from the 
administrative law judge (ALJ) regardless of whether the respondent has 
filed objections, if the respondent alleges that the complaint was 
frivolous or brought in bad faith. The findings and, where appropriate, 
the preliminary order also will give the address of the Chief 
Administrative Law Judge, U.S. Department of Labor, or appropriate 
information regarding filing objections electronically with the Office 
of Administrative Law Judges. At the same time, the Assistant Secretary 
will file with the Chief Administrative Law Judge a copy of the original 
complaint and a copy of the findings and/or order.
    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for

[[Page 894]]

a hearing has been timely filed as provided at Sec.  1982.106. However, 
the portion of any preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
of the preliminary order, regardless of any objections to the findings 
and/or the order.

[80 FR 69132, Nov. 9, 2015, as amended at 86 FR 1790, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1982.106  Objections to the findings and the preliminary order 
and requests for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and preliminary order, or a respondent alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney fees under NTSSA, must file any objections and/or a request for 
a hearing on the record within 30 days of receipt of the findings and 
preliminary order pursuant to Sec.  1982.105. The objections, request 
for a hearing, and/or request for attorney fees must be in writing and 
state whether the objections are to the findings, the preliminary order, 
and/or whether there should be an award of attorney fees. The date of 
the postmark, facsimile transmittal, or electronic transmittal is 
considered the date of filing; if the objection is filed in person, by 
hand-delivery or other means, the objection is filed upon receipt. 
Objections must be filed with the Chief Administrative Law Judge, U.S. 
Department of Labor, in accordance with 29 CFR part 18, and copies of 
the objections must be served at the same time on the other parties of 
record, the OSHA official who issued the findings and order, the 
Assistant Secretary, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings and/or the preliminary order, the findings or preliminary 
order will become the final decision of the Secretary, not subject to 
judicial review.

[80 FR 69132, Nov. 9, 2015, as amended at 86 FR 1790, Jan. 11, 2021]



Sec.  1982.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. Administrative Law Judges have broad 
discretion to limit discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.

[80 FR 69132, Nov. 9, 2015, as amended at 86 FR 1791, Jan. 11, 2021]



Sec.  1982.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies

[[Page 895]]

of all documents in the case. At the Assistant Secretary's discretion, 
the Assistant Secretary may participate as a party or as amicus curiae 
at any time at any stage of the proceeding. This right to participate 
includes, but is not limited to, the right to petition for review of a 
decision of an ALJ, including a decision approving or rejecting a 
settlement agreement between the complainant and the respondent.
    (2) Parties must send copies of documents to OSHA and to the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, only upon request of OSHA, or when OSHA is participating in 
the proceeding, or when service on OSHA and the Associate Solicitor is 
otherwise required by these rules.
    (b) The Department of Homeland Security or the Department of 
Transportation, if interested in a proceeding, may participate as amicus 
curiae at any time in the proceeding, at those agencies' discretion. At 
the request of the interested federal agency, copies of all documents in 
a case must be sent to the federal agency, whether or not the agency is 
participating in the proceeding.



Sec.  1982.109  Decision and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.
    (c) Neither OSHA's determination to dismiss a complaint without 
completing an investigation pursuant to Sec.  1982.104(e) nor OSHA's 
determination to proceed with an investigation is subject to review by 
the ALJ, and a complaint may not be remanded for the completion of an 
investigation or for additional findings on the basis that a 
determination to dismiss was made in error. Rather, if there otherwise 
is jurisdiction, the ALJ will hear the case on the merits or dispose of 
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order that will include, where appropriate: 
Affirmative action to abate the violation; reinstatement with the same 
seniority status that the employee would have had, but for the 
retaliation; any back pay with interest; and payment of compensatory 
damages, including compensation for any special damages sustained as a 
result of the retaliation, including litigation costs, expert witness 
fees, and reasonable attorney fees. Interest on back pay will be 
calculated using the interest rate applicable to underpayment of taxes 
under 26 U.S.C. 6621 and will be compounded daily. The order will also 
require the respondent to submit documentation to the Social Security 
Administration or the Railroad Retirement Board, as appropriate, 
allocating any back pay award to the appropriate months or calendar 
quarters. The order may also require the respondent to pay punitive 
damages up to $250,000.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint filed under NTSSA 
was frivolous or was brought in bad faith, the ALJ may award to the 
respondent a reasonable attorney fee, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. Any ALJ's decision requiring 
reinstatement or lifting an order of reinstatement by the Assistant 
Secretary will be effective immediately upon receipt of the decision by 
the respondent. All other portions of the ALJ's order will be effective 
14 days after the date of the decision unless a timely petition

[[Page 896]]

for review has been filed with the Administrative Review Board (ARB), 
U.S. Department of Labor. The decision of the ALJ will become the final 
order of the Secretary unless a petition for review is timely filed with 
the ARB and the ARB accepts the petition for review.



Sec.  1982.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint under 
NTSSA was frivolous or brought in bad faith who seeks an award of 
attorney fees, must file a written petition for review with the ARB. The 
parties should identify in their petitions for review the legal 
conclusions or orders to which they object, or the objections may be 
deemed waived. A petition must be filed within 14 days of the date of 
the decision of the ALJ. The date of the postmark, facsimile 
transmittal, or electronic communication transmittal will be considered 
to be the date of filing; if the petition is filed in person, by hand 
delivery or other means, the petition is considered filed upon receipt. 
The petition must be served on all parties and on the Chief 
Administrative Law Judge at the time it is filed with the ARB. Copies of 
the petition for review must be served on the Assistant Secretary, and 
on the Associate Solicitor, Division of Fair Labor Standards.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If no timely petition for 
review is filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If no timely petition for 
review is filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case, the conclusion of 
the hearing is the date the motion for reconsideration is denied or 14 
days after a new decision is issued. The ARB's decision will be served 
upon all parties and the Chief Administrative Law Judge. The decision 
also will be served on the Assistant Secretary, and on the Associate 
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, 
even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will include, where appropriate, affirmative action to abate the 
violation; reinstatement with the same seniority status that the 
employee would have had but for the retaliation; any back pay with 
interest; and payment of compensatory damages, including compensation 
for any special damages sustained as a result of the retaliation, 
including litigation costs, expert witness fees, and reasonable attorney 
fees. Interest on back pay will be calculated using the interest rate 
applicable to underpayment of taxes under 26 U.S.C. 6621 and will be 
compounded daily. The order will also require the respondent to submit 
documentation to the Social Security Administration or the Railroad 
Retirement Board, as appropriate, allocating any back pay award to the 
appropriate months or calendar quarters. The order may also require the 
respondent to pay punitive damages up to $250,000. Such order is subject 
to discretionary review by the Secretary as provided in Secretary's 
Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the

[[Page 897]]

complaint. If, upon the request of the respondent, the ARB determines 
that a complaint under NTSSA was frivolous or was brought in bad faith, 
the ARB may award to the respondent reasonable attorney fees, not 
exceeding $1,000. An order under this section is subject to 
discretionary review by the Secretary as provided in Secretary's Order 
01-2020 (or any successor to that order).

[80 FR 69132, Nov. 9, 2015, as amended at 85 FR 30622, May 20, 2020; 86 
FR 1791, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1982.111  Withdrawal of complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying OSHA, orally or in writing, 
of his or her withdrawal. OSHA then will confirm in writing the 
complainant's desire to withdraw and determine whether to approve the 
withdrawal. OSHA will notify the parties (or each party's legal counsel 
if the party is represented by counsel) of the approval of any 
withdrawal. If the complaint is withdrawn because of settlement, the 
settlement must be submitted for approval in accordance with paragraph 
(d) of this section. A complainant may not withdraw his or her complaint 
after the filing of objections to the Assistant Secretary's findings 
and/or preliminary order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1982.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw its objections to the Assistant 
Secretary's findings and/or order by filing a written withdrawal with 
the ALJ. If the case is on review with the ARB, a party may withdraw its 
petition for review of an ALJ's decision at any time before that 
decision becomes final by filing a written withdrawal with the ARB. The 
ALJ or the ARB, as the case may be, will determine whether to approve 
the withdrawal of the objections or the petition for review. If the ALJ 
approves a request to withdraw objections to the Assistant Secretary's 
findings and/or order, and there are no other pending objections, the 
Assistant Secretary's findings and/or order will become the final order 
of the Secretary. If the ARB approves a request to withdraw a petition 
for review of an ALJ decision, and there are no other pending petitions 
for review of that decision, the ALJ's decision will become the final 
order of the Secretary. If objections or a petition for review are 
withdrawn because of settlement, the settlement must be submitted for 
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, and before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if 
OSHA, the complainant, and the respondent agree to a settlement. OSHA's 
approval of a settlement reached by the respondent and the complainant 
demonstrates OSHA's consent and achieves the consent of all three 
parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. A copy of the 
settlement will be filed with the ALJ or the ARB, as the case may be.
    (e) Any settlement approved by OSHA, the ALJ, or the ARB will 
constitute the final order of the Secretary and may be enforced in 
United States district court pursuant to Sec.  1982.113.



Sec.  1982.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the

[[Page 898]]

order may file a petition for review of the order in the United States 
Court of Appeals for the circuit in which the violation allegedly 
occurred or the circuit in which the complainant resided on the date of 
the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[80 FR 69132, Nov. 9, 2015, as amended at 85 FR 30623, May 20, 2020]



Sec.  1982.113  Judicial enforcement.

    (a) Whenever any person has failed to comply with a preliminary 
order of reinstatement, or a final order, including one approving a 
settlement agreement, issued under NTSSA, the Secretary may file a civil 
action seeking enforcement of the order in the United States district 
court for the district in which the violation was found to have 
occurred. Whenever any person has failed to comply with a preliminary 
order of reinstatement, or a final order, including one approving a 
settlement agreement, issued under NTSSA, a person on whose behalf the 
order was issued may file a civil action seeking enforcement of the 
order in the appropriate United States district court.
    (b) Whenever a person has failed to comply with a preliminary order 
of reinstatement, or a final order, including one approving a settlement 
agreement, issued under FRSA, the Secretary may file a civil action 
seeking enforcement of the order in the United States district court for 
the district in which the violation was found to have occurred.



Sec.  1982.114  District court jurisdiction of retaliation complaints.

    (a) If there is no final order of the Secretary, 210 days have 
passed since the filing of the complaint, and there is no showing that 
there has been delay due to the bad faith of the complainant, the 
complainant may bring an action at law or equity for de novo review in 
the appropriate district court of the United States, which will have 
jurisdiction over such an action without regard to the amount in 
controversy. At the request of either party, the action shall be tried 
by the court with a jury.
    (b) A proceeding under paragraph (a) of this section shall be 
governed by the same legal burdens of proof specified in Sec.  1982.109. 
An employee prevailing in a proceeding under paragraph (a) shall be 
entitled to all relief necessary to make the employee whole, including, 
where appropriate: Reinstatement with the same seniority status that the 
employee would have had, but for the retaliation; any back pay with 
interest; and payment of compensatory damages, including compensation 
for any special damages sustained as a result of the retaliation, 
including litigation costs, expert witness fees, and reasonable attorney 
fees. The court may also order punitive damages in an amount not to 
exceed $250,000.
    (c) Within 7 days after filing a complaint in federal court, a 
complainant must file with the Assistant Secretary, the ALJ, or the ARB, 
depending upon where the proceeding is pending, a copy of the file-
stamped complaint. In all cases, a copy of the complaint must also be 
served on the OSHA official who issued the findings and/or preliminary 
order, the Assistant Secretary, and the Associate Solicitor, Division of 
Fair Labor Standards, U.S. Department of Labor.



Sec.  1982.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of these 
rules, or for good cause shown, the ALJ or the ARB on review may, upon 
application, after three-days notice to all parties, waive any rule or 
issue such orders that justice or the administration of NTSSA or FRSA 
requires.

[[Page 899]]



PART 1983_PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER 
SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 
2008--Table of Contents



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders

Sec.
1983.100 Purpose and scope.
1983.101 Definitions.
1983.102 Obligations and prohibited acts.
1983.103 Filing of retaliation complaint.
1983.104 Investigation.
1983.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1983.106 Objections to the findings and the preliminary order and 
          requests for a hearing.
1983.107 Hearings.
1983.108 Role of Federal agencies.
1983.109 Decision and orders of the administrative law judge.
1983.110 Decision and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1983.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1983.112 Judicial review.
1983.113 Judicial enforcement.
1983.114 District court jurisdiction of retaliation complaints.
1983.115 Special circumstances; waiver of rules.

    Authority: 15 U.S.C. 2087; Secretary's Order 1-2012 (Jan. 18, 2012), 
77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 85 FR 13186 
(March 6, 2020).

    Source: 77 FR 40503, July 10, 2012, unless otherwise noted.



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders



Sec.  1983.100  Purpose and scope.

    (a) This part implements procedures of the employee protection 
provisions of the Consumer Product Safety Improvement Act (CPSIA), 15 
U.S.C. 2087. CPSIA provides for employee protection from retaliation 
because the employee has engaged in protected activity pertaining to 
consumer product safety.
    (b) This part establishes procedures under CPSIA for the expeditious 
handling of retaliation complaints filed by employees, or by persons 
acting on their behalf. These rules, together with those codified at 29 
CFR part 18, set forth the procedures under CPSIA for submission of 
complaints, investigations, issuance of findings and preliminary orders, 
objections to findings and orders, litigation before administrative law 
judges (ALJs), post-hearing administrative review, and withdrawals and 
settlements.



Sec.  1983.101  Definitions.

    As used in this part:
    (a) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under CPSIA.
    (b) Business days means days other than Saturdays, Sundays, and 
Federal holidays.
    (c) Commission means the Consumer Product Safety Commission.
    (d) Complainant means the employee who filed a CPSIA complaint or on 
whose behalf a complaint was filed.
    (e)(1) Consumer product means any article, or component part 
thereof, produced or distributed:
    (i) For sale to a consumer for use in or around a permanent or 
temporary household or residence, a school, in recreation, or otherwise; 
or
    (ii) For the personal use, consumption or enjoyment of a consumer in 
or around a permanent or temporary household or residence, a school, in 
recreation, or otherwise.
    (iii) The term ``consumer product'' includes any mechanical device 
which carries or conveys passengers along, around, or over a fixed or 
restricted route or course or within a defined area for the purpose of 
giving its passengers amusement, which is customarily controlled or 
directed by an individual who is employed for that purpose and who is 
not a consumer with respect to such device, and which is not permanently 
fixed to a site, but does not include such a device that is permanently 
fixed to a site.

[[Page 900]]

    (2) The term consumer product does not include:
    (i) Any article which is not customarily produced or distributed for 
sale to, or use or consumption by, or enjoyment of, a consumer;
    (ii) Tobacco and tobacco products;
    (iii) Motor vehicles or motor vehicle equipment (as defined by 49 
U.S.C. 30102(a)(6) and (7));
    (iv) Pesticides (as defined by the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136 et seq.));
    (v) Any article or any component of any such article which, if sold 
by the manufacturer, producer, or importer, would be subject to the tax 
imposed by 26 U.S.C. 4181;
    (vi) Aircraft, aircraft engines, propellers, or appliances (as 
defined in 49 U.S.C. 40102(a));
    (vii) Boats which could be subjected to safety regulation under 46 
U.S.C. chapter 43; vessels, and appurtenances to vessels (other than 
such boats), which could be subjected to safety regulation under title 
52 of the Revised Statutes or other marine safety statutes administered 
by the department in which the Coast Guard is operating; and equipment 
(including associated equipment, as defined in 46 U.S.C. 2101(1)), to 
the extent that a risk of injury associated with the use of such 
equipment on boats or vessels could be eliminated or reduced by actions 
taken under any statute referred to in this definitional section;
    (viii) Drugs, devices, or cosmetics (as such terms are defined in 21 
U.S.C. 321(g), (h), and (i)); or
    (ix) Food (the term ``food'' means all ``food,'' as defined in 21 
U.S.C. 321(f), including poultry and poultry products (as defined in 21 
U.S.C. 453(e) and (f)), meat, meat food products (as defined in 21 
U.S.C. 601(j)), and eggs and egg products (as defined in 21 U.S.C. 
1033)).
    (f) CPSIA means Section 219 of the Consumer Product Safety 
Improvement Act of 2008, Public Law 110-314, 122 Stat. 3016 (Aug. 14, 
2008) (codified at 15 U.S.C. 2087).
    (g) Distributor means a person to whom a consumer product is 
delivered or sold for purposes of distribution in commerce, except that 
such term does not include a manufacturer or retailer of such product.
    (h) Employee means an individual presently or formerly working for, 
an individual applying to work for, or an individual whose employment 
could be affected by a manufacturer, private labeler, distributor, or 
retailer.
    (i) Manufacturer means any person who manufactures or imports a 
consumer product. A product is manufactured if it is manufactured, 
produced, or assembled.
    (j) OSHA means the Occupational Safety and Health Administration of 
the United States Department of Labor.
    (k) Private labeler means an owner of a brand or trademark on the 
label of a consumer product which bears a private label. A consumer 
product bears a private label if:
    (1) The product (or its container) is labeled with the brand or 
trademark of a person other than a manufacturer of the product,
    (2) The person with whose brand or trademark the product (or 
container) is labeled has authorized or caused the product to be so 
labeled, and
    (3) The brand or trademark of a manufacturer of such product does 
not appear on such label.
    (l) Retailer means a person to whom a consumer product is delivered 
or sold for purposes of sale or distribution by such person to a 
consumer.
    (m) Respondent means the employer named in the complaint who is 
alleged to have violated CPSIA.
    (n) Secretary means the Secretary of Labor or person to whom 
authority under CPSIA has been delegated.
    (o) Any future statutory amendments that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.



Sec.  1983.102  Obligations and prohibited acts.

    (a) No manufacturer, private labeler, distributor, or retailer may 
discharge or otherwise retaliate against, including, but not limited to, 
intimidating, threatening, restraining, coercing, blacklisting or 
disciplining, any employee with respect to the employee's compensation, 
terms, conditions, or privileges of employment because the employee, 
whether at the employee's initiative or in the ordinary course of

[[Page 901]]

the employee's duties (or any person acting pursuant to a request of the 
employee), engaged in any of the activities specified in paragraphs 
(b)(1) through (4) of this section.
    (b) An employee is protected against retaliation (as described in 
paragraph (a) of this section) by a manufacturer, private labeler, 
distributor, or retailer because the employee (or any person acting 
pursuant to a request of the employee):
    (1) Provided, caused to be provided, or is about to provide or cause 
to be provided to the employer, the Federal Government, or the attorney 
general of a State information relating to any violation of, or any act 
or omission the employee reasonably believes to be a violation of any 
provision of the Consumer Product Safety Act, as amended by CPSIA, or 
any other Act enforced by the Commission, or any order, rule, 
regulation, standard, or ban under any such Acts;
    (2) Testified or is about to testify in a proceeding concerning such 
violation;
    (3) Assisted or participated or is about to assist or participate in 
such a proceeding; or
    (4) Objected to, or refused to participate in, any activity, policy, 
practice, or assigned task that the employee (or other such person) 
reasonably believed to be in violation of any provision of the Consumer 
Product Safety Act, as amended by CPSIA, or any other Act enforced by 
the Commission, or any order, rule, regulation, standard, or ban under 
any such Acts.
    (c) This part shall have no application with respect to an employee 
of a manufacturer, private labeler, distributor, or retailer who, acting 
without direction from such manufacturer, private labeler, distributor, 
or retailer (or such person's agent), deliberately causes a violation of 
any requirement relating to any violation or alleged violation of any 
order, regulation, or consumer product safety standard under the 
Consumer Product Safety Act, as amended by CPSIA, or any other law 
enforced by the Commission.



Sec.  1983.103  Filing of retaliation complaint.

    (a) Who may file. An employee who believes that he or she has been 
retaliated against by a manufacturer, private labeler, distributor, or 
retailer in violation of CPSIA may file, or have filed by any person on 
the employee's behalf, a complaint alleging such retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the employee resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for filing. Within 180 days after an alleged violation of 
CPSIA occurs, any employee who believes that he or she has been 
retaliated against in violation of CPSIA may file, or have filed by any 
person on the employee's behalf, a complaint alleging such retaliation. 
The date of the postmark, facsimile transmittal, electronic 
communication transmittal, telephone call, hand-delivery, delivery to a 
third-party commercial carrier, or in-person filing at an OSHA office 
will be considered the date of filing. The time for filing a complaint 
may be tolled for reasons warranted by applicable case law.



Sec.  1983.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, the 
Assistant Secretary will notify the respondent of the filing of the 
complaint, of the allegations contained in the complaint, and of the 
substance of the evidence supporting the complaint. Such materials will 
be redacted, if necessary, in accordance with the Privacy Act of 1974, 5 
U.S.C. 552a, and other applicable confidentiality laws. The Assistant 
Secretary will also notify the respondent

[[Page 902]]

of its rights under paragraphs (b) and (f) of this section and Sec.  
1983.110(e). The Assistant Secretary will provide an unredacted copy of 
these same materials to the complainant (or the complainant's legal 
counsel if complainant is represented by counsel), and to the Consumer 
Product Safety Commission.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
and the complainant each may submit to the Assistant Secretary a written 
statement and any affidavits or documents substantiating its position. 
Within the same 20 days, the respondent and the complainant each may 
request a meeting with the Assistant Secretary to present its position.
    (c) Throughout the investigation, the agency will provide to the 
complainant (or the complainant's legal counsel if complainant is 
represented by counsel) a copy of all of respondent's submissions to the 
agency that are responsive to the complainant's whistleblower complaint. 
Before providing such materials to the complainant, the agency will 
redact them, if necessary, in accordance with the Privacy Act of 1974, 5 
U.S.C. 552a, and other applicable confidentiality laws. The agency will 
also provide the complainant with an opportunity to respond to such 
submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that protected activity was a contributing factor 
in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity;
    (ii) The respondent knew or suspected that the employee engaged in 
the protected activity;
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complaint shows that the adverse action took place 
shortly after the protected activity, giving rise to the inference that 
it was a contributing factor in the adverse action. If the required 
showing has not been made, the complainant (or the complainant's legal 
counsel if complainant is represented by counsel) will be so notified 
and the investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, an investigation of the 
complaint will not be conducted or will be discontinued if the 
respondent demonstrates by clear and convincing evidence that it would 
have taken the same adverse action in the absence of the complainant's 
protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in the prior paragraph, the Assistant 
Secretary will proceed with the investigation. The investigation will 
proceed whenever it is necessary or appropriate to confirm or verify the 
information provided by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1983.105, if the Assistant Secretary has 
reasonable cause, on the basis of information gathered under the 
procedures of this part, to believe that the respondent has violated 
CPSIA and that preliminary reinstatement is warranted, the Assistant 
Secretary will again contact the respondent (or the

[[Page 903]]

respondent's legal counsel if respondent is represented by counsel) to 
give notice of the substance of the relevant evidence supporting the 
complainant's allegations as developed during the course of the 
investigation. This evidence includes any witness statements, which will 
be redacted to protect the identity of confidential informants where 
statements were given in confidence; if the statements cannot be 
redacted without revealing the identity of confidential informants, 
summaries of their contents will be provided. The complainant will also 
receive a copy of the materials that must be provided to the respondent 
under this paragraph. Before providing such materials to the 
complainant, the agency will redact them, if necessary, in accordance 
with the Privacy Act of 1974, 5 U.S.C. 552a, and other applicable 
confidentiality laws. The respondent will be given the opportunity to 
submit a written response, to meet with the investigators, to present 
statements from witnesses in support of its position, and to present 
legal and factual arguments. The respondent must present this evidence 
within 10 business days of the Assistant Secretary's notification 
pursuant to this paragraph, or as soon thereafter as the Assistant 
Secretary and the respondent can agree, if the interests of justice so 
require.



Sec.  1983.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the complaint, written findings as to whether or not there 
is reasonable cause to believe that the respondent has retaliated 
against the complainant in violation of CPSIA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will require, where appropriate: 
affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney's and expert 
witness fees) reasonably incurred. Interest on back pay will be 
calculated using the interest rate applicable to underpayment of taxes 
under 26 U.S.C. 6621 and will be compounded daily.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings and, where appropriate, the preliminary order 
will inform the parties of the right to object to the findings and/or 
order and to request a hearing, and of the right of the respondent to 
request an award of attorney's fees not exceeding $1,000 from the ALJ, 
regardless of whether the respondent has filed objections, if the 
respondent alleges that the complaint was frivolous or brought in bad 
faith. The findings and, where appropriate, the preliminary order also 
will give the address of the Chief Administrative Law Judge, U.S. 
Department of Labor, or appropriate information regarding filing 
objections electronically with the Office of Administrative Law Judges. 
At the same time, the Assistant Secretary will file with the Chief 
Administrative Law Judge a copy of the original complaint and a copy of 
the findings and/or order.
    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for hearing has been timely filed as provided at Sec.  
1983.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary

[[Page 904]]

order, regardless of any objections to the findings and/or the order.

[77 FR 40503, July 10, 2012, as amended at 86 FR 1791, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1983.106  Objections to the findings and the preliminary order 
and requests for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and/or preliminary order, or a respondent alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney's fees under CPSIA, must file any objections and/or a request 
for a hearing on the record within 30 days of receipt of the findings 
and preliminary order pursuant to Sec.  1983.105. The objections, 
request for a hearing, and/or request for attorney's fees must be in 
writing and state whether the objections are to the findings, the 
preliminary order, and/or whether there should be an award of attorney's 
fees. The date of the postmark, facsimile transmittal, or electronic 
transmittal is considered the date of filing; if the objection is filed 
in person, by hand-delivery or other means, the objection is filed upon 
receipt. Objections must be filed with the Chief Administrative Law 
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and 
copies of the objections must be served at the same time on the other 
parties of record, the OSHA official who issued the findings and order, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or the 
preliminary order will become the final decision of the Secretary, not 
subject to judicial review.

[77 FR 40503, July 10, 2012, as amended at 86 FR 1791, Jan. 11, 2021]



Sec.  1983.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.

[77 FR 40503, July 10, 2012, as amended at 86 FR 1791, Jan. 11, 2021]



Sec.  1983.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies of all documents in the case. 
At the Assistant Secretary's discretion, the Assistant Secretary may 
participate as a party or as amicus curiae at any time at any stage of 
the proceeding. This right to participate includes, but is not limited 
to, the right to petition for review of a decision of an ALJ, including

[[Page 905]]

a decision approving or rejecting a settlement agreement between the 
complainant and the respondent.
    (2) Copies of documents must be sent to the Assistant Secretary and 
to the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor, only upon request of the Assistant Secretary, or 
where the Assistant Secretary is participating in the proceeding, or 
where service on the Assistant Secretary and the Associate Solicitor is 
otherwise required by these rules.
    (b) The Consumer Product Safety Commission, if interested in a 
proceeding, may participate as amicus curiae at any time in the 
proceeding, at the Commission's discretion. At the request of the 
Commission, copies of all documents in a case must be sent to the 
Commission, whether or not it is participating in the proceeding.



Sec.  1983.109  Decision and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.
    (c) Neither the Assistant Secretary's determination to dismiss a 
complaint without completing an investigation pursuant to Sec.  
1983.104(e) nor the Assistant Secretary's determination to proceed with 
an investigation is subject to review by the ALJ, and a complaint may 
not be remanded for the completion of an investigation or for additional 
findings on the basis that a determination to dismiss was made in error. 
Rather, if there otherwise is jurisdiction, the ALJ will hear the case 
on the merits or dispose of the matter without a hearing if the facts 
and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order that will require, where appropriate: 
affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions, and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney's and expert 
witness fees) reasonably incurred. Interest on back pay will be 
calculated using the interest rate applicable to underpayment of taxes 
under 26 U.S.C. 6621 and will be compounded daily.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint was frivolous or 
was brought in bad faith, the ALJ may award to the respondent a 
reasonable attorney's fee, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. Any ALJ's decision requiring 
reinstatement or lifting an order of reinstatement by the Assistant 
Secretary will be effective immediately upon receipt of the decision by 
the respondent. All other portions of the ALJ's order will be effective 
14 days after the date of the decision unless a timely petition for 
review has been filed with the Administrative Review Board (ARB), U.S. 
Department of Labor. The decision of the ALJ will become the final order 
of the Secretary unless a petition for review is timely filed with the 
ARB and the ARB accepts the petition for review.



Sec.  1983.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint was 
frivolous or

[[Page 906]]

brought in bad faith who seeks an award of attorney's fees, must file a 
written petition for review with the ARB. The parties should identify in 
their petitions for review the legal conclusions or orders to which they 
object, or the objections may be deemed waived. A petition must be filed 
within 14 days of the date of the decision of the ALJ. The date of the 
postmark, facsimile transmittal, or electronic communication transmittal 
will be considered to be the date of filing; if the petition is filed in 
person, by hand delivery or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the ARB. 
Copies of the petition for review must be served on the Assistant 
Secretary and on the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If no timely petition for 
review is filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If no timely petition for 
review is filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case, the conclusion of 
the hearing is the date the motion for reconsideration is ruled upon or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge. The 
decision will also be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. Such order is subject to discretionary review by 
the Secretary as provided in Secretary's Order 01-2020 (or any successor 
to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent a reasonable attorney's fee, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

[77 FR 40503, July 10, 2012, as amended at 85 FR 30623, May 20, 2020; 86 
FR 1791, Jan. 11, 2021]

[[Page 907]]



                   Subpart C_Miscellaneous Provisions



Sec.  1983.111  Withdrawal of complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying the Assistant Secretary, 
orally or in writing, of his or her withdrawal. The Assistant Secretary 
then will confirm in writing the complainant's desire to withdraw and 
determine whether to approve the withdrawal. The Assistant Secretary 
will notify the parties (and each party's legal counsel if the party is 
represented by counsel) of the approval of any withdrawal. If the 
complaint is withdrawn because of settlement, the settlement must be 
submitted for approval in accordance with paragraph (d) of this section. 
A complainant may not withdraw his or her complaint after the filing of 
objections to the Assistant Secretary's findings and/or preliminary 
order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1983.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw objections to the Assistant 
Secretary's findings and/or order by filing a written withdrawal with 
the ALJ. If the case is on review with the ARB, a party may withdraw a 
petition for review of an ALJ's decision at any time before that 
decision becomes final by filing a written withdrawal with the ARB. The 
ALJ or the ARB, as the case may be, will determine whether to approve 
the withdrawal of the objections or the petition for review. If the ALJ 
approves a request to withdraw objections to the Assistant Secretary's 
findings and/or order, and there are no other pending objections, the 
Assistant Secretary's findings and/or order will become the final order 
of the Secretary. If the ARB approves a request to withdraw a petition 
for review of an ALJ decision, and there are no other pending petitions 
for review of that decision, the ALJ's decision will become the final 
order of the Secretary. If objections or a petition for review are 
withdrawn because of settlement, the settlement must be submitted for 
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, and before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if the 
Assistant Secretary, the complainant, and the respondent agree to a 
settlement. The Assistant Secretary's approval of a settlement reached 
by the respondent and the complainant demonstrates the Assistant 
Secretary's consent and achieves the consent of all three parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. A copy of the 
settlement will be filed with the ALJ or the ARB, as the case may be.
    (e) Any settlement approved by the Assistant Secretary, the ALJ, or 
the ARB will constitute the final order of the Secretary and may be 
enforced in United States district court pursuant to Sec.  1983.113.



Sec.  1983.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.

[[Page 908]]

    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[77 FR 40503, July 10, 2012, as amended at 85 FR 30623, May 20, 2020]



Sec.  1983.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement, or a final order, including one approving a settlement 
agreement, issued under CPSIA, the Secretary or a person on whose behalf 
the order was issued may file a civil action seeking enforcement of the 
order in the United States district court for the district in which the 
violation was found to have occurred. The Secretary also may file a 
civil action seeking enforcement of the order in the United States 
district court for the District of Columbia. In civil actions under this 
section, the district court will have jurisdiction to grant all 
appropriate relief, including, but not limited to, injunctive relief and 
compensatory damages, including:
    (a) Reinstatement with the same seniority status that the employee 
would have had, but for the discharge or retaliation;
    (b) The amount of back pay, with interest; and
    (c) Compensation for any special damages sustained as a result of 
the discharge or retaliation, including litigation costs, expert witness 
fees, and reasonable attorney's fees.



Sec.  1983.114  District court jurisdiction of retaliation complaints.

    (a) The complainant may bring an action at law or equity for de novo 
review in the appropriate district court of the United States, which 
will have jurisdiction over such an action without regard to the amount 
in controversy, either:
    (1) Within 90 days after receiving a written determination under 
Sec.  1983.105(a) provided that there has been no final decision of the 
Secretary; or
    (2) If there has been no final decision of the Secretary within 210 
days of the filing of the complaint.
    (3) At the request of either party, the action shall be tried by the 
court with a jury.
    (b) Within seven days after filing a complaint in federal court, a 
complainant must file with the Assistant Secretary, the ALJ, or the ARB, 
depending on where the proceeding is pending, a copy of the file-stamped 
complaint. A copy of the complaint also must be served on the OSHA 
official who issued the findings and/or preliminary order, the Assistant 
Secretary, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.



Sec.  1983.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of these 
rules, or for good cause shown, the ALJ or the ARB on review may, upon 
application, after three days notice to all parties, waive any rule or 
issue such orders that justice or the administration of CPSIA requires.



PART 1984_PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT--Table of Contents



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders

Sec.
1984.100 Purpose and scope.
1984.101 Definitions.
1984.102 Obligations and prohibited acts.
1984.103 Filing of retaliation complaint.
1984.104 Investigation.
1984.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1984.106 Objections to the findings and the preliminary order and 
          requests for a hearing.
1984.107 Hearings.
1984.108 Role of Federal agencies.
1984.109 Decision and orders of the administrative law judge.
1984.110 Decision and orders of the Administrative Review Board.

[[Page 909]]

                   Subpart C_Miscellaneous Provisions

1984.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1984.112 Judicial review.
1984.113 Judicial enforcement.
1984.114 District court jurisdiction of retaliation complaints.
1984.115 Special circumstances; waiver of rules.

    Authority: 29 U.S.C. 218C; Secretary of Labor's Order 1-2012 (Jan. 
18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-2020, 85 
FR 13186 (March 6, 2020).

    Source: 81 FR 70620, Oct. 13, 2016, unless otherwise noted.



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders



Sec.  1984.100  Purpose and scope.

    (a) This part implements procedures under section 1558 of the 
Patient Protection and Affordable Care Act, Public Law 111-148, 124 
Stat. 119, which was signed into law on March 23, 2010 and was amended 
by the Health Care and Education Reconciliation Act of 2010, Public Law 
111-152, 124 Stat. 1029, signed into law on March 30, 2010. The terms 
``Affordable Care Act'' or ``the Act'' are used in this part to refer to 
the final, amended version of the law. Section 1558 of the Act amended 
the Fair Labor Standards Act, 29 U.S.C. 201 et seq. (FLSA) by adding new 
section 18C. 29 U.S.C. 218C. Section 18C of the FLSA provides protection 
for an employee from retaliation because the employee has received a 
credit under section 36B of the Internal Revenue Code of 1986, 26 U.S.C. 
36B, or a cost-sharing reduction (referred to as a ``subsidy'' in 
section 18C) under the Affordable Care Act, or because the employee has 
engaged in protected activity pertaining to title I of the Affordable 
Care Act or any amendment made by title I of the Affordable Care Act.
    (b) This part establishes procedures under section 18C of the FLSA 
for the expeditious handling of retaliation complaints filed by 
employees, or by persons acting on their behalf and sets forth the 
Secretary's interpretations of section 18C on certain statutory issues. 
These rules, together with those codified at 29 CFR part 18, set forth 
the procedures under section 18C of the FLSA for submission of 
complaints, investigations, issuance of findings and preliminary orders, 
objections to findings and orders, litigation before administrative law 
judges (ALJs), post-hearing administrative review, and withdrawals and 
settlements.



Sec.  1984.101  Definitions.

    As used in this part:
    (a) Advance payments of the premium tax credit or ``APTC'' means 
advance payments of the premium tax credit as defined in 45 CFR 155.20.
    (b) Affordable Care Act or ``the Act'' means the Patient Protection 
and Affordable Care Act, Public Law 111-148, 124 Stat. 119 (Mar. 23, 
2010), as amended.
    (c) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under section 18C of the FLSA.
    (d) Business days means days other than Saturdays, Sundays, and 
federal holidays.
    (e) Complainant means the employee who filed an FLSA section 18C 
complaint or on whose behalf a complaint was filed.
    (f) Employee means:
    (1) Any individual employed by an employer. In the case of an 
individual employed by a public agency, the term employee means any 
individual employed by the Government of the United States: As a 
civilian in the military departments (as defined in 5 U.S.C. 102), in 
any executive agency (as defined in 5 U.S.C. 105), in any unit of the 
judicial branch of the Government which has positions in the competitive 
service, in a nonappropriated fund instrumentality under the 
jurisdiction of the Armed Forces, in the Library of Congress, or in the 
Government Printing Office. The term employee also means any individual 
employed by the United States Postal Service or the Postal Regulatory 
Commission; and any individual employed by a State, political 
subdivision of a State, or an interstate governmental agency, other than 
an individual who is not subject to the civil service laws of the State, 
political subdivision, or agency which employs him; and who holds a 
public

[[Page 910]]

elective office of that State, political subdivision, or agency, is 
selected by the holder of such an office to be a member of his personal 
staff, is appointed by such an officeholder to serve on a policymaking 
level, is an immediate adviser to such an officeholder with respect to 
the constitutional or legal powers of his office, or is an employee in 
the legislative branch or legislative body of that State, political 
subdivision, or agency and is not employed by the legislative library of 
such State, political subdivision, or agency.
    (2) The term employee does not include:
    (i) Any individual who volunteers to perform services for a public 
agency which is a State, a political subdivision of a State, or an 
interstate governmental agency, if the individual receives no 
compensation or is paid expenses, reasonable benefits, or a nominal fee 
to perform the services for which the individual volunteered--and such 
services are not the same type of services which the individual is 
employed to perform for such public agency;
    (ii) Any employee of a public agency which is a State, political 
subdivision of a State, or an interstate governmental agency that 
volunteers to perform services for any other State, political 
subdivision, or interstate governmental agency, including a State, 
political subdivision or agency with which the employing State, 
political subdivision, or agency has a mutual aid agreement; or
    (iii) Any individual who volunteers their services solely for 
humanitarian purposes to private non-profit food banks and who receive 
groceries from the food banks.
    (3) The term employee includes former employees and applicants for 
employment.
    (g) Employer includes any person acting directly or indirectly in 
the interest of an employer in relation to an employee and includes a 
public agency, but does not include any labor organization (other than 
when acting as an employer) or anyone acting in the capacity of officer 
or agent of such labor organization.
    (h) Exchange means an Exchange as defined in 45 CFR 155.20.
    (i) OSHA means the Occupational Safety and Health Administration of 
the United States Department of Labor.
    (j) Person means an individual, partnership, association, 
corporation, business trust, legal representative, or any organized 
group of persons.
    (k) Respondent means the employer named in the complaint who is 
alleged to have violated section 18C of the FLSA.
    (l) Secretary means the Secretary of Labor or person to whom 
authority under section 18C of the FLSA has been delegated.
    (m) Any future statutory amendments that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.
    (n) Any future regulatory revisions that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.



Sec.  1984.102  Obligations and prohibited acts.

    (a) No employer may discharge or otherwise retaliate against, 
including, but not limited to, intimidating, threatening, restraining, 
coercing, blacklisting or disciplining, any employee with respect to the 
employee's compensation, terms, conditions, or privileges of employment 
because the employee (or an individual acting at the request of the 
employee), has engaged in any of the activities specified in paragraphs 
(b)(1) through (5) of this section.
    (b) An employee is protected against retaliation because the 
employee (or an individual acting at the request of the employee) has:
    (1) Received a credit under section 36B of the Internal Revenue Code 
of 1986, 26 U.S.C. 36B, or a cost-sharing reduction under the Affordable 
Care Act, or been determined by an Exchange to be eligible for advance 
payments of the premium tax credit (APTC) or for a cost-sharing 
reduction;
    (2) Provided, caused to be provided, or is about to provide or cause 
to be provided to the employer, the Federal Government, or the attorney 
general of

[[Page 911]]

a State information relating to any violation of, or any act or omission 
the employee reasonably believes to be a violation of, any provision of 
title I of the Affordable Care Act (or an amendment made by title I of 
the Affordable Care Act);
    (3) Testified or is about to testify in a proceeding concerning such 
violation;
    (4) Assisted or participated, or is about to assist or participate, 
in such a proceeding; or
    (5) Objected to, or refused to participate in, any activity, policy, 
practice, or assigned task that the employee (or other such person) 
reasonably believed to be in violation of any provision of title I of 
the Affordable Care Act (or amendment), or any order, rule, regulation, 
standard, or ban under title I of the Affordable Care Act (or 
amendment).



Sec.  1984.103  Filing of retaliation complaint.

    (a) Who may file. An employee who believes that he or she has been 
retaliated against in violation of section 18C of the FLSA may file, or 
have filed by any person on the employee's behalf, a complaint alleging 
such retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the employee resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for filing. Within 180 days after an alleged violation of 
section 18C of the FLSA occurs, any employee who believes that he or she 
has been retaliated against in violation of that section may file, or 
have filed by any person on the employee's behalf, a complaint alleging 
such retaliation. The date of the postmark, facsimile transmittal, 
electronic communication transmittal, telephone call, hand-delivery, 
delivery to a third-party commercial carrier, or in-person filing at an 
OSHA office will be considered the date of filing. The time for filing a 
complaint may be tolled for reasons warranted by applicable case law. 
For example, OSHA may consider the time for filing a complaint equitably 
tolled if a complainant mistakenly files a complaint with another agency 
instead of OSHA within 180 days after becoming aware of the alleged 
violation.



Sec.  1984.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, OSHA 
will notify the respondent of the filing of the complaint, of the 
allegations contained in the complaint, and of the substance of the 
evidence supporting the complaint. Such materials will be redacted, if 
necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, et 
seq., and other applicable confidentiality laws. OSHA will also notify 
the respondent of its rights under paragraphs (b) and (f) of this 
section and Sec.  1984.110(e). OSHA will provide an unredacted copy of 
these same materials to the complainant (or complainant's legal counsel 
if complainant is represented by counsel) and to the appropriate office 
of the federal agency charged with the administration of the general 
provisions of the Affordable Care Act under which the complaint is 
filed: Either the Internal Revenue Service of the United States 
Department of the Treasury (IRS), the United States Department of Health 
and Human Services (HHS), or the Employee Benefits Security 
Administration of the United States Department of Labor (EBSA).
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
and the complainant each may submit to OSHA a written statement and any 
affidavits or documents substantiating its position. Within the same 20 
days, the respondent and the complainant each may request a meeting with 
OSHA to present its position.
    (c) During the investigation, OSHA will request that each party 
provide

[[Page 912]]

the other parties to the whistleblower complaint with a copy of 
submissions to OSHA that are pertinent to the whistleblower complaint. 
Alternatively, if a party does not provide its submissions to OSHA to 
the other party, OSHA will provide them to the other party (or the 
party's legal counsel if the party is represented by counsel) at a time 
permitting the other party an opportunity to respond. Before providing 
such materials to the other party, OSHA will redact them, if necessary, 
consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other 
applicable confidentiality laws. OSHA will also provide each party with 
an opportunity to respond to the other party's submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that a protected activity was a contributing 
factor in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity;
    (ii) The respondent knew or suspected that the employee engaged in 
the protected activity;
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complaint shows that the adverse action took place 
shortly after the protected activity, or at the first opportunity 
available to respondent, giving rise to the inference that it was a 
contributing factor in the adverse action. If the required showing has 
not been made, the complainant (or the complainant's legal counsel, if 
complainant is represented by counsel) will be so notified and the 
investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, further investigation of the 
complaint will not be conducted if the respondent demonstrates by clear 
and convincing evidence that it would have taken the same adverse action 
in the absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in the prior paragraph, OSHA will proceed 
with the investigation. The investigation will proceed whenever it is 
necessary or appropriate to confirm or verify the information provided 
by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1984.105, if OSHA has reasonable cause, on the 
basis of information gathered under the procedures of this part, to 
believe that the respondent has violated section 18C of the FLSA and 
that preliminary reinstatement is warranted, OSHA will contact the 
respondent (or the respondent's legal counsel if respondent is 
represented by counsel) to give notice of the substance of the relevant 
evidence supporting the complainant's allegations as developed during 
the course of the investigation. This evidence includes any witness 
statements, which will be redacted to protect the identity of 
confidential informants where statements were given in confidence; if 
the statements cannot be redacted without revealing the identity of 
confidential informants, summaries of their contents will be provided. 
The complainant will also receive a copy of the materials that must be 
provided to the respondent under this paragraph. Before providing such

[[Page 913]]

materials to the complainant, OSHA will redact them, if necessary, 
consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other 
applicable confidentiality laws. The respondent will be given the 
opportunity to submit a written response, to meet with the investigator, 
to present statements from witnesses in support of its position, and to 
present legal and factual arguments. The respondent must present this 
evidence within 10 business days of OSHA's notification pursuant to this 
paragraph, or as soon afterwards as OSHA and the respondent can agree, 
if the interests of justice so require.



Sec.  1984.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the complaint, written findings as to whether or not there 
is reasonable cause to believe that the respondent has retaliated 
against the complainant in violation of section 18C of the FLSA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will require, where appropriate: 
Affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The preliminary order will also 
require the respondent to submit appropriate documentation to the Social 
Security Administration allocating any back pay award to the appropriate 
period.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings and, where appropriate, the preliminary order 
will inform the parties of the right to object to the findings and/or 
order and to request a hearing, and of the right of the respondent to 
request an award of attorney fees not exceeding $1,000 from the 
administrative law judge (ALJ), regardless of whether the respondent has 
filed objections, if respondent alleges that the complaint was frivolous 
or brought in bad faith. The findings, and where appropriate, the 
preliminary order, also will give the address of the Chief 
Administrative Law Judge, U.S. Department of Labor, or appropriate 
information regarding filing objections electronically with the Office 
of Administrative Law Judges. At the same time, the Assistant Secretary 
will file with the Chief Administrative Law Judge a copy of the original 
complaint and a copy of the findings and/or order.
    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for hearing has been timely filed as provided at Sec.  
1984.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.

[81 FR 70620, Oct. 13, 2016, as amended at 86 FR 1791, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1984.106  Objections to the findings and the preliminary 
order and requests for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and/or preliminary order, or a respondent alleging that the 
complaint was

[[Page 914]]

frivolous or brought in bad faith who seeks an award of attorney fees 
under section 18C of the FLSA, must file any objections and/or a request 
for a hearing on the record within 30 days of receipt of the findings 
and preliminary order pursuant to Sec.  1984.105(b). The objections, 
request for a hearing, and/or request for attorney fees must be in 
writing and state whether the objections are to the findings and/or the 
preliminary order, and/or whether there should be an award of attorney 
fees. The date of the postmark, facsimile transmittal, or electronic 
transmittal is considered the date of filing; if the objection is filed 
in person, by hand-delivery or other means, the objection is filed upon 
receipt. Objections must be filed with the Chief Administrative Law 
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and 
copies of the objections must be served at the same time on the other 
parties of record, the OSHA official who issued the findings and order, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or the 
preliminary order will become the final decision of the Secretary, not 
subject to judicial review.

[81 FR 70620, Oct. 13, 2016, as amended at 86 FR 1792, Jan. 11, 2021]



Sec.  1984.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.

[81 FR 70620, Oct. 13, 2016, as amended at 86 FR 1792, Jan. 11, 2021]



Sec.  1984.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies of all documents in the case. 
At the Assistant Secretary's discretion, the Assistant Secretary may 
participate as a party or as amicus curiae at any time at any stage of 
the proceeding. This right to participate includes, but is not limited 
to, the right to petition for review of a decision of an ALJ, including 
a decision approving or rejecting a settlement agreement between the 
complainant and the respondent.
    (2) Parties must send copies of documents to OSHA and to the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, only upon request of OSHA, or when OSHA is participating in 
the proceeding, or when service on OSHA and the Associate Solicitor is 
otherwise required by these rules.
    (b) The IRS, HHS, and EBSA, if interested in a proceeding, may 
participate as amicus curiae at any time in the

[[Page 915]]

proceeding, at those agencies' discretion. At the request of the 
interested federal agency, copies of all documents in a case must be 
sent to the federal agency, whether or not the agency is participating 
in the proceeding.



Sec.  1984.109  Decision and orders of the administrative law judge.

    (a) The decision of the administrative law judge (ALJ) will contain 
appropriate findings, conclusions, and an order pertaining to the 
remedies provided in paragraph (d) of this section, as appropriate. A 
determination that a violation has occurred may be made only if the 
complainant has demonstrated by a preponderance of the evidence that 
protected activity was a contributing factor in the adverse action 
alleged in the complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.
    (c) Neither OSHA's determination to dismiss a complaint without 
completing an investigation pursuant to Sec.  1984.104(e) nor OSHA's 
determination to proceed with an investigation is subject to review by 
the ALJ, and a complaint may not be remanded for the completion of an 
investigation or for additional findings on the basis that a 
determination to dismiss was made in error. Rather, if there otherwise 
is jurisdiction, the ALJ will hear the case on the merits or dispose of 
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order that will require, where appropriate: 
Affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions, and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The order will also require the 
respondent to submit appropriate documentation to the Social Security 
Administration allocating any back pay award to the appropriate period.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint was frivolous or 
was brought in bad faith, the ALJ may award to the respondent reasonable 
attorney fees, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. Any ALJ's decision requiring 
reinstatement or lifting an order of reinstatement by the Assistant 
Secretary will be effective immediately upon receipt of the decision by 
the respondent. All other portions of the ALJ's order will be effective 
14 days after the date of the decision unless a timely petition for 
review has been filed with the Administrative Review Board (ARB), U.S. 
Department of Labor. The decision of the ALJ will become the final order 
of the Secretary unless a petition for review is timely filed with the 
ARB and the ARB accepts the petition for review.



Sec.  1984.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint was 
frivolous or brought in bad faith who seeks an award of attorney fees, 
must file a written petition for review with the Administrative Review 
Board (ARB). The parties should identify in their petitions for review 
the legal conclusions or orders to which they object, or the objections 
may be deemed waived. A petition must be filed within 14 days of the 
date of the decision of the ALJ. The date of the postmark, facsimile 
transmittal, or electronic communication transmittal will be considered 
to

[[Page 916]]

be the date of filing; if the petition is filed in person, by hand 
delivery or other means, the petition is considered filed upon receipt. 
The petition must be served on all parties and on the Chief 
Administrative Law Judge at the time it is filed with the ARB. Copies of 
the petition for review must be served on the Assistant Secretary, and 
on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If no timely petition for 
review is filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If no timely petition for 
review is filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case, the conclusion of 
the hearing is the date the motion for reconsideration is ruled upon or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge. The 
decision will also be served on the Assistant Secretary, and on the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to the complainant's former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate period. Such order is 
subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

[81 FR 70620, Oct. 13, 2016, as amended at 85 FR 30624, May 20, 2020; 86 
FR 1792, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1984.111  Withdrawal of complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying the Assistant Secretary, 
orally or in writing, of his

[[Page 917]]

or her withdrawal. The Assistant Secretary then will confirm in writing 
the complainant's desire to withdraw and determine whether to approve 
the withdrawal. The Assistant Secretary will notify the parties (and 
each party's legal counsel if the party is represented by counsel) of 
the approval of any withdrawal. If the complaint is withdrawn because of 
settlement, the settlement must be submitted for approval in accordance 
with paragraph (d) of this section. A complainant may not withdraw his 
or her complaint after the filing of objections to the Assistant 
Secretary's findings and/or preliminary order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1984.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw objections to the Assistant 
Secretary's findings and/or order by filing a written withdrawal with 
the ALJ. If the case is on review with the ARB, a party may withdraw a 
petition for review of an ALJ's decision at any time before that 
decision becomes final by filing a written withdrawal with the ARB. The 
ALJ or the ARB, as the case may be, will determine whether to approve 
the withdrawal of the objections or the petition for review. If the ALJ 
approves a request to withdraw objections to the Assistant Secretary's 
findings and/or order, and there are no other pending objections, the 
Assistant Secretary's findings and/or order will become the final order 
of the Secretary. If the ARB approves a request to withdraw a petition 
for review of an ALJ decision, and there are no other pending petitions 
for review of that decision, the ALJ's decision will become the final 
order of the Secretary. If objections or a petition for review are 
withdrawn because of settlement, the settlement must be submitted for 
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, and before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if 
OSHA, the complainant, and the respondent agree to a settlement. OSHA's 
approval of a settlement reached by the respondent and the complainant 
demonstrates OSHA's consent and achieves the consent of all three 
parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. A copy of the 
settlement will be filed with the ALJ or the ARB, as appropriate.
    (e) Any settlement approved by OSHA, the ALJ, or the ARB will 
constitute the final order of the Secretary and may be enforced in 
United States district court pursuant to Sec.  1984.113.



Sec.  1984.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[81 FR 70620, Oct. 13, 2016, as amended at 85 FR 30624, May 20, 2020]

[[Page 918]]



Sec.  1984.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement, or a final order, including one approving a settlement 
agreement, issued under section 18C of the FLSA, the Secretary may file 
a civil action seeking enforcement of the order in the United States 
district court for the district in which the violation was found to have 
occurred or in the United States district court for the District of 
Columbia. Whenever any person has failed to comply with a preliminary 
order of reinstatement, or a final order, including one approving a 
settlement agreement, issued under section 18C of the FLSA, a person on 
whose behalf the order was issued may file a civil action seeking 
enforcement of the order in the appropriate United States district 
court.



Sec.  1984.114  District court jurisdiction of retaliation complaints.

    (a) The complainant may bring an action at law or equity for de novo 
review in the appropriate district court of the United States, which 
will have jurisdiction over such an action without regard to the amount 
in controversy, either:
    (1) Within 90 days after receiving a written determination under 
Sec.  1984.105(a) provided that there has been no final decision of the 
Secretary; or
    (2) If there has been no final decision of the Secretary within 210 
days of the filing of the complaint.
    (3) At the request of either party, the action shall be tried by the 
court with a jury.
    (b) A proceeding under paragraph (a) of this section shall be 
governed by the same legal burdens of proof specified in Sec.  1984.109. 
The court shall have jurisdiction to grant all relief necessary to make 
the employee whole, including injunctive relief and compensatory 
damages, including:
    (1) Reinstatement with the same seniority status that the employee 
would have had, but for the discharge or retaliation;
    (2) The amount of back pay, with interest; and
    (3) Compensation for any special damages sustained as a result of 
the discharge or retaliation, including litigation costs, expert witness 
fees, and reasonable attorney fees.
    (c) Within seven days after filing a complaint in federal court, a 
complainant must file with the Assistant Secretary, the ALJ, or the ARB, 
depending on where the proceeding is pending, a copy of the file-stamped 
complaint. In all cases, a copy of the complaint also must be served on 
the OSHA official who issued the findings and/or preliminary order, the 
Assistant Secretary, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.



Sec.  1984.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of this 
part, or for good cause shown, the ALJ or the ARB on review may, upon 
application, after three-days notice to all parties, waive any rule or 
issue such orders that justice or the administration of section 18C of 
the FLSA requires.



PART 1985_PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE 
EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION 
ACT OF 2010--Table of Contents



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders

Sec.
1985.100 Purpose and scope.
1985.101 Definitions.
1985.102 Obligations and prohibited acts.
1985.103 Filing of retaliation complaint.
1985.104 Investigation.
1985.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1985.106 Objections to the findings and the preliminary order and 
          requests for a hearing.
1985.107 Hearings.
1985.108 Role of Federal agencies.
1985.109 Decision and orders of the administrative law judge.
1985.110 Decision and orders of the Administrative Review Board.

[[Page 919]]

                   Subpart C_Miscellaneous Provisions

1985.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1985.112 Judicial review.
1985.113 Judicial enforcement.
1985.114 District court jurisdiction of retaliation complaints.
1985.115 Special circumstances; waiver of rules.

    Authority: 12 U.S.C. 5567; Secretary of Labor's Order No. 1-2012 
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020, 85 FR 13186 (March 6, 2020).

    Source: 81 FR 14383, Mar. 17, 2016, unless otherwise noted.



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders



Sec.  1985.100  Purpose and scope.

    (a) This Part sets forth procedures for, and interpretations of, the 
employee protection provision of the Consumer Financial Protection Act 
of 2010, Section 1057 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act of 2010 (CFPA or the Act), Pub. L. 111-203, 124 Stat. 
1376, 1955 (July 21, 2010) (codified at 12 U.S.C. 5567). CFPA provides 
for employee protection from retaliation because the employee has 
engaged in protected activity pertaining to the offering or provision of 
consumer financial products or services.
    (b) This part establishes procedures under CFPA for the expeditious 
handling of retaliation complaints filed by employees, or by persons 
acting on their behalf. These rules, together with those codified at 29 
CFR part 18, set forth the procedures under CFPA for submission of 
complaints, investigations, issuance of findings and preliminary orders, 
objections to findings and orders, litigation before administrative law 
judges (ALJs), post-hearing administrative review, and withdrawals and 
settlements. In addition, these rules provide the Secretary's 
interpretations on certain statutory issues.



Sec.  1985.101  Definitions.

    As used in this part:
    (a) Affiliate means any person that controls, is controlled by, or 
is under common control with another person.
    (b) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under CFPA.
    (c) Bureau means the Consumer Financial Protection Bureau.
    (d) Business days means days other than Saturdays, Sundays, and 
Federal holidays.
    (e) CFPA means Section 1057 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat. 1376, 1955 
(July 21, 2010) (codified at 12 U.S.C. 5567).
    (f) Complainant means the person who filed a CFPA complaint or on 
whose behalf a complaint was filed.
    (g) Consumer means an individual or an agent, trustee, or 
representative acting on behalf of an individual.
    (h) Consumer financial product or service means any financial 
product or service that is:
    (1) Described in one or more categories in 12 U.S.C. 5481(15) and is 
offered or provided for use by consumers primarily for personal, family, 
or household purposes; or
    (2) Described in clause (i), (iii), (ix), or (x) of 12 U.S.C. 
5481(15)(A), and is delivered, offered, or provided in connection with a 
consumer financial product or service referred to in subparagraph (1).
    (i) Covered employee means any individual performing tasks related 
to the offering or provision of a consumer financial product or service. 
The term ``covered employee'' includes an individual presently or 
formerly working for, an individual applying to work for, or an 
individual whose employment could be affected by a covered person or 
service provider where such individual was performing tasks related to 
the offering or provision of a consumer financial product or service at 
the time that the individual engaged in protected activity under CFPA.
    (j) Covered person means --
    (1) Any person that engages in offering or providing a consumer 
financial product or service, or
    (2) Any affiliate of such a person if such affiliate acts as a 
service provider to such person, or

[[Page 920]]

    (k) Federal consumer financial law means any law described in 12 
U.S.C. 5481(14).
    (l) OSHA means the Occupational Safety and Health Administration of 
the United States Department of Labor.
    (m) Person means an individual, partnership, company, corporation, 
association (incorporated or unincorporated), trust, estate, cooperative 
organization, or other entity.
    (n) Respondent means the person named in the complaint who is 
alleged to have violated the Act.
    (o) Secretary means the Secretary of Labor or person to whom 
authority under CFPA has been delegated.
    (p) Service provider means any person that provides a material 
service to a covered person in connection with the offering or provision 
by such covered person of a consumer financial product or service, 
including a person that--
    (1) Participates in designing, operating, or maintaining the 
consumer financial product or service; or
    (2) Processes transactions relating to the consumer financial 
product or service (other than unknowingly or incidentally transmitting 
or processing financial data in a manner that such data is 
undifferentiated from other types of data of the same form as the person 
transmits or processes);
    (3) The term ``service provider'' does not include a person solely 
by virtue of such person offering or providing to a covered person:
    (i) A support service of a type provided to businesses generally or 
a similar ministerial service; or
    (ii) Time or space for an advertisement for a consumer financial 
product or service through print, newspaper, or electronic media.
    (4) A person that is a service provider shall be deemed to be a 
covered person to the extent that such person engages in the offering or 
provision of its own consumer financial product or service.
    (q) Any future statutory amendments that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.



Sec.  1985.102  Obligations and prohibited acts.

    (a) No covered person or service provider may terminate or in any 
other way retaliate against, or cause to be terminated or retaliated 
against, including, but not limited to, intimidating, threatening, 
restraining, coercing, blacklisting or disciplining, any covered 
employee or any authorized representative of covered employees because 
such employee or representative, whether at the employee's initiative or 
in the ordinary course of the employee's duties (or any person acting 
pursuant to a request of the employee), engaged in any of the activities 
specified in paragraphs (b)(1) through (4) of this section. (b) A 
covered employee or authorized representative is protected against 
retaliation (as described in paragraph (a) of this section) by a covered 
person or service provider because he or she:
    (1) Provided, caused to be provided, or is about to provide or cause 
to be provided to the employer, the Bureau, or any other State, local, 
or Federal, government authority or law enforcement agency, information 
relating to any violation of, or any act or omission that the employee 
reasonably believes to be a violation of, any provision of Title X of 
the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, 
Pub. L. 111-203, 124 Stat. 1376, 1955 (July 21, 2010), or any other 
provision of law that is subject to the jurisdiction of the Bureau, or 
any rule, order, standard, or prohibition prescribed by the Bureau;
    (2) Testified or will testify in any proceeding resulting from the 
administration or enforcement of any provision of Title X of the Dodd-
Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 
111-203, 124 Stat. 1376, 1955 (July 21, 2010), or any other provision of 
law that is subject to the jurisdiction of the Bureau, or any rule, 
order, standard, or prohibition prescribed by the Bureau;
    (3) Filed, instituted, or caused to be filed or instituted any 
proceeding under any Federal consumer financial law; or
    (4) Objected to, or refused to participate in, any activity, policy, 
practice, or assigned task that the employee (or

[[Page 921]]

other such person) reasonably believed to be in violation of any law, 
rule, order, standard, or prohibition subject to the jurisdiction of, or 
enforceable by, the Bureau.



Sec.  1985.103  Filing of retaliation complaint.

    (a) Who may file. A person who believes that he or she has been 
discharged or otherwise retaliated against by any person in violation of 
CFPA may file, or have filed by any person on his or her behalf, a 
complaint alleging such retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the complainant resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for filing. Within 180 days after an alleged violation of 
CFPA occurs, any person who believes that he or she has been retaliated 
against in violation of the Act may file, or have filed by any person on 
his or her behalf, a complaint alleging such retaliation. The date of 
the postmark, facsimile transmittal, electronic communication 
transmittal, telephone call, hand-delivery, delivery to a third-party 
commercial carrier, or in-person filing at an OSHA office will be 
considered the date of filing. The time for filing a complaint may be 
tolled for reasons warranted by applicable case law. For example, OSHA 
may consider the time for filing a complaint equitably tolled if a 
complainant mistakenly files a complaint with an agency other than OSHA 
within 180 days after an alleged adverse action.



Sec.  1985.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, OSHA 
will notify the respondent of the filing of the complaint, of the 
allegations contained in the complaint, and of the substance of the 
evidence supporting the complaint. Such materials will be redacted, if 
necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and 
other applicable confidentiality laws. OSHA will also notify the 
respondent of its rights under paragraphs (b) and (f) of this section 
and paragraph (e) of Sec.  1985.110. OSHA will provide an unredacted 
copy of these same materials to the complainant (or the complainant's 
legal counsel if complainant is represented by counsel) and to the 
Bureau.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
and the complainant each may submit to OSHA a written statement and any 
affidavits or documents substantiating its position. Within the same 20 
days, the respondent and the complainant each may request a meeting with 
OSHA to present its position.
    (c) During the investigation, OSHA will request that each party 
provide the other parties to the whistleblower complaint with a copy of 
submissions to OSHA that are pertinent to the whistleblower complaint. 
Alternatively, if a party does not provide its submissions to OSHA to 
the other party, OSHA will provide them to the other party (or the 
party's legal counsel if the party is represented by counsel) at a time 
permitting the other party an opportunity to respond. Before providing 
such materials to the other party, OSHA will redact them, if necessary, 
consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other 
applicable confidentiality laws. OSHA will also provide each party with 
an opportunity to respond to the other party's submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a

[[Page 922]]

prima facie showing that protected activity was a contributing factor in 
the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity;
    (ii) The respondent knew or suspected that the employee engaged in 
the protected activity;
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complaint shows that the adverse action took place 
within a temporal proximity of the protected activity, or at the first 
opportunity available to the respondent, giving rise to the inference 
that it was a contributing factor in the adverse action. If the required 
showing has not been made, the complainant (or the complainant's legal 
counsel if complainant is represented by counsel) will be so notified 
and the investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, further investigation of the 
complaint will not be conducted if the respondent demonstrates by clear 
and convincing evidence that it would have taken the same adverse action 
in the absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in the prior paragraph, OSHA will proceed 
with the investigation. The investigation will proceed whenever it is 
necessary or appropriate to confirm or verify the information provided 
by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1985.105, if OSHA has reasonable cause, on the 
basis of information gathered under the procedures of this part, to 
believe that the respondent has violated CFPA and that preliminary 
reinstatement is warranted, OSHA will contact the respondent (or the 
respondent's legal counsel if respondent is represented by counsel) to 
give notice of the substance of the relevant evidence supporting the 
complainant's allegations as developed during the course of the 
investigation. This evidence includes any witness statements, which will 
be redacted to protect the identity of confidential informants where 
statements were given in confidence; if the statements cannot be 
redacted without revealing the identity of confidential informants, 
summaries of their contents will be provided. The complainant will also 
receive a copy of the materials that must be provided to the respondent 
under this paragraph. Before providing such materials, OSHA will redact 
them, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 
552a, and other applicable confidentiality laws. The respondent will be 
given the opportunity to submit a written response, to meet with the 
investigators, to present statements from witnesses in support of its 
position, and to present legal and factual arguments. The respondent 
must present this evidence within 10 business days of OSHA's 
notification pursuant to this paragraph, or as soon thereafter as OSHA 
and the respondent can agree, if the interests of justice so require.



Sec.  1985.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the complaint, written findings as to whether or not there 
is reasonable cause to believe that the respondent

[[Page 923]]

has retaliated against the complainant in violation of CFPA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will require, where appropriate: 
affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The preliminary order will also 
require the respondent to submit appropriate documentation to the Social 
Security Administration allocating any back pay award to the appropriate 
calendar quarters.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings and, where appropriate, the preliminary order 
will inform the parties of the right to object to the findings and/or 
order and to request a hearing, and of the right of the respondent to 
request an award of attorney fees not exceeding $1,000 from the ALJ, 
regardless of whether the respondent has filed objections, if the 
respondent alleges that the complaint was frivolous or brought in bad 
faith. The findings and, where appropriate, the preliminary order also 
will give the address of the Chief Administrative Law Judge, U.S. 
Department of Labor, or appropriate information regarding filing 
objections electronically with the Office of Administrative Law Judges. 
At the same time, the Assistant Secretary will file with the Chief 
Administrative Law Judge a copy of the original complaint and a copy of 
the findings and/or order.
    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for hearing has been timely filed as provided at Sec.  
1985.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.

[81 FR 14383, Mar. 17, 2016, as amended at 86 FR 1792, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1985.106  Objections to the findings and the preliminary 
order and requests for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and/or preliminary order, or a respondent alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney fees under CFPA, must file any objections and/or a request for 
a hearing on the record within 30 days of receipt of the findings and 
preliminary order pursuant to Sec.  1985.105. The objections, request 
for a hearing, and/or request for attorney fees must be in writing and 
state whether the objections are to the findings, the preliminary order, 
and/or whether there should be an award of attorney fees. The date of 
the postmark, facsimile transmittal, or electronic transmittal is 
considered the date of filing; if the objection is filed in person, by 
hand-delivery or other means, the objection is filed upon receipt. 
Objections must be filed with the Chief Administrative Law Judge, U.S. 
Department of Labor, in accordance with 29 CFR part 18, and copies of 
the objections must be served at the same time on the other parties of 
record, the OSHA official who issued the findings

[[Page 924]]

and order, the Assistant Secretary, and the Associate Solicitor, 
Division of Fair Labor Standards, U.S. Department of Labor.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or the 
preliminary order will become the final decision of the Secretary, not 
subject to judicial review.

[81 FR 14383, Mar. 17, 2016, as amended at 86 FR 1792, Jan. 11, 2021]



Sec.  1985.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.

[81 FR 14383, Mar. 17, 2016, as amended at 86 FR 1793, Jan. 11, 2021]



Sec.  1985.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies of all documents in the case. 
At the Assistant Secretary's discretion, the Assistant Secretary may 
participate as a party or as amicus curiae at any time at any stage of 
the proceeding. This right to participate includes, but is not limited 
to, the right to petition for review of a decision of an ALJ, including 
a decision approving or rejecting a settlement agreement between the 
complainant and the respondent.
    (2) Parties must send copies of documents to OSHA and to the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, only upon request of OSHA, or when OSHA is participating in 
the proceeding, or when service on OSHA and the Associate Solicitor is 
otherwise required by these rules.
    (b) The Bureau, if interested in a proceeding, may participate as 
amicus curiae at any time in the proceeding, at the Bureau's discretion. 
At the request of the Bureau, copies of all documents in a case must be 
sent to the Bureau, whether or not it is participating in the 
proceeding.



Sec.  1985.109  Decision and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.

[[Page 925]]

    (c) Neither OSHA's determination to dismiss a complaint without 
completing an investigation pursuant to Sec.  1985.104(e) nor OSHA's 
determination to proceed with an investigation is subject to review by 
the ALJ, and a complaint may not be remanded for the completion of an 
investigation or for additional findings on the basis that a 
determination to dismiss was made in error. Rather, if there otherwise 
is jurisdiction, the ALJ will hear the case on the merits or dispose of 
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order that will require, where appropriate: 
Affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions, and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The order will also require the 
respondent to submit appropriate documentation to the Social Security 
Administration allocating any back pay award to the appropriate calendar 
quarters.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint was frivolous or 
was brought in bad faith, the ALJ may award to the respondent reasonable 
attorney fees, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. Any ALJ's decision requiring 
reinstatement or lifting an order of reinstatement by the Assistant 
Secretary will be effective immediately upon receipt of the decision by 
the respondent. All other portions of the ALJ's order will be effective 
14 days after the date of the decision unless a timely petition for 
review has been filed with the Administrative Review Board (ARB), U.S. 
Department of Labor. The decision of the ALJ will become the final order 
of the Secretary unless a petition for review is timely filed with the 
ARB and the ARB accepts the petition for review.



Sec.  1985.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint was 
frivolous or brought in bad faith who seeks an award of attorney fees, 
must file a written petition for review with the ARB. The parties should 
identify in their petitions for review the legal conclusions or orders 
to which they object, or the objections may be deemed waived. A petition 
must be filed within 14 days of the date of the decision of the ALJ. The 
date of the postmark, facsimile transmittal, or electronic communication 
transmittal will be considered to be the date of filing; if the petition 
is filed in person, by hand delivery or other means, the petition is 
considered filed upon receipt. The petition must be served on all 
parties and on the Chief Administrative Law Judge at the time it is 
filed with the ARB. Copies of the petition for review must be served on 
the Assistant Secretary and on the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB

[[Page 926]]

will specify the terms under which any briefs are to be filed. The ARB 
will review the factual determinations of the ALJ under the substantial 
evidence standard. If no timely petition for review is filed, or the ARB 
denies review, the decision of the ALJ will become the final order of 
the Secretary. If no timely petition for review is filed, the resulting 
final order is not subject to judicial review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
decision of the ALJ, unless a motion for reconsideration has been filed 
with the ALJ in the interim. In such case, the conclusion of the hearing 
is the date the motion for reconsideration is ruled upon or 14 days 
after a new decision is issued. The ARB's decision will be served upon 
all parties and the Chief Administrative Law Judge. The decision will 
also be served on the Assistant Secretary and on the Associate 
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, 
even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters. Such 
order is subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

[81 FR 14383, Mar. 17, 2016, as amended at 85 FR 30624, May 20, 2020; 86 
FR 1793, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1985.111  Withdrawal of complaints, findings, objections, and 
petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying OSHA, orally or in writing, 
of his or her withdrawal. OSHA then will confirm in writing the 
complainant's desire to withdraw and determine whether to approve the 
withdrawal. OSHA will notify the parties (and each party's legal counsel 
if the party is represented by counsel) of the approval of any 
withdrawal. If the complaint is withdrawn because of settlement, the 
settlement must be submitted for approval in accordance with paragraph 
(d) of this section. A complainant may not withdraw his or her complaint 
after the filing of objections to the Assistant Secretary's findings 
and/or preliminary order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1985.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw objections to the Assistant 
Secretary's

[[Page 927]]

findings and/or order by filing a written withdrawal with the ALJ. If 
the case is on review with the ARB, a party may withdraw a petition for 
review of an ALJ's decision at any time before that decision becomes 
final by filing a written withdrawal with the ARB. The ALJ or the ARB, 
as the case may be, will determine whether to approve the withdrawal of 
the objections or the petition for review. If the ALJ approves a request 
to withdraw objections to the Assistant Secretary's findings and/or 
order, and there are no other pending objections, the Assistant 
Secretary's findings and/or order will become the final order of the 
Secretary. If the ARB approves a request to withdraw a petition for 
review of an ALJ decision, and there are no other pending petitions for 
review of that decision, the ALJ's decision will become the final order 
of the Secretary. If objections or a petition for review are withdrawn 
because of settlement, the settlement must be submitted for approval in 
accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, but before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if 
OSHA, the complainant, and the respondent agree to a settlement. OSHA's 
approval of a settlement reached by the respondent and the complainant 
demonstrates OSHA's consent and achieves the consent of all three 
parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. A copy of the 
settlement will be filed with the ALJ or the ARB, as appropriate.
    (e) Any settlement approved by OSHA, the ALJ, or the ARB will 
constitute the final order of the Secretary and may be enforced in 
United States district court pursuant to Sec.  1985.113.



Sec.  1985.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[81 FR 14383, Mar. 17, 2016, as amended at 85 FR 30625, May 20, 2020]



Sec.  1985.113  Judicial enforcement.

    Whenever any person has failed to comply with a final order, 
including one approving a settlement agreement, issued under CFPA, the 
Secretary may file a civil action seeking enforcement of the order in 
the United States district court for the district in which the violation 
was found to have occurred or in the United States district court for 
the District of Columbia. Whenever any person has failed to comply with 
a preliminary order of reinstatement, or a final order, including one 
approving a settlement agreement, issued under CFPA, the person on whose 
behalf the order was issued may file a civil action seeking enforcement 
of the order in the appropriate United States district court.



Sec.  1985.114  District court jurisdiction of retaliation complaints.

    (a) The complainant may bring an action at law or equity for de novo 
review in the appropriate district court of the United States, which 
will have jurisdiction over such an action without regard to the amount 
in controversy, either:
    (1) Within 90 days after receiving a written determination under 
Sec.  1985.105(a) provided that there has been no final decision of the 
Secretary; or

[[Page 928]]

    (2) If there has been no final decision of the Secretary within 210 
days of the filing of the complaint.
    (b) At the request of either party, the action shall be tried by the 
court with a jury.
    (c) A proceeding under paragraph (a) of this section shall be 
governed by the same legal burdens of proof specified in Sec.  1985.109. 
The court shall have jurisdiction to grant all relief necessary to make 
the employee whole, including injunctive relief and compensatory 
damages, including:
    (1) Reinstatement with the same seniority status that the employee 
would have had, but for the discharge or discrimination;
    (2) The amount of back pay, with interest;
    (3) Compensation for any special damages sustained as a result of 
the discharge or discrimination; and
    (4) Litigation costs, expert witness fees, and reasonable attorney 
fees.
    (d) Within seven days after filing a complaint in federal court, a 
complainant must file with OSHA, the ALJ, or the ARB, depending on where 
the proceeding is pending, a copy of the file-stamped complaint. In all 
cases, a copy of the complaint also must be served on the OSHA official 
who issued the findings and/or preliminary order, the Assistant 
Secretary, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.



Sec.  1985.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of these 
rules, or for good cause shown, the ALJ or the ARB on review may, upon 
application, after three days' notice to all parties, waive any rule or 
issue such orders that justice or the administration of CFPA requires.



PART 1986_PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS 
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION
ACT (SPA), AS AMENDED--Table of Contents



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders

Sec.
1986.100 Purpose and scope.
1986.101 Definitions.
1986.102 Obligations and prohibited acts.
1986.103 Filing of retaliation complaints.
1986.104 Investigation.
1986.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1986.106 Objections to the findings and the preliminary order and 
          request for a hearing.
1986.107 Hearings.
1986.108 Role of Federal agencies.
1986.109 Decisions and orders of the administrative law judge.
1986.110 Decision and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1986.111 Withdrawal of SPA complaints, findings, objections, and 
          petitions for review; settlement.
1986.112 Judicial review.
1986.113 Judicial enforcement.
1986.114 District court jurisdiction of retaliation complaints under 
          SPA.
1986.115 Special circumstances; waiver of rules.

    Authority: 46 U.S.C. 2114; 49 U.S.C. 31105; Secretary's Order 1-2012 
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order 01-2020, 
85 FR 13186 (March 6, 2020).

    Source: 81 FR 63409, Sept. 15, 2016, unless otherwise noted.



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders



Sec.  1986.100  Purpose and scope.

    (a) This part sets forth the procedures for, and interpretations of, 
the Seaman's Protection Act (SPA), 46 U.S.C. 2114, as amended, which 
protects a seaman from retaliation because the seaman has engaged in 
protected activity pertaining to compliance with maritime safety laws 
and accompanying

[[Page 929]]

regulations. SPA incorporates the procedures, requirements, and rights 
described in the whistleblower provision of the Surface Transportation 
Assistance Act (STAA), 49 U.S.C. 31105.
    (b) This part establishes procedures pursuant to the statutory 
provisions set forth above for the expeditious handling of retaliation 
complaints filed by seamen or persons acting on their behalf. These 
rules, together with those rules codified at 29 CFR part 18, set forth 
the procedures for submission of complaints, investigations, issuance of 
findings and preliminary orders, objections to findings, litigation 
before administrative law judges (ALJs), post-hearing administrative 
review, withdrawals and settlements, and judicial review and 
enforcement. In addition, the rules in this part provide the Secretary's 
interpretations on certain statutory issues.



Sec.  1986.101  Definitions.

    As used in this part:
    (a) Act means the Seaman's Protection Act (SPA), 46 U.S.C. 2114, as 
amended.
    (b) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under the Act.
    (c) Business days means days other than Saturdays, Sundays, and 
Federal holidays.
    (d) Citizen of the United States means an individual who is a 
national of the United States as defined in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)); a corporation 
incorporated under the laws of the United States or a State; a 
corporation, partnership, association, or other business entity if the 
controlling interest is owned by citizens of the United States or whose 
principal place of business or base of operations is in a State; or a 
governmental entity of the Federal Government of the United States, of a 
State, or of a political subdivision of a State. The controlling 
interest in a corporation is owned by citizens of the United States if a 
majority of the stockholders are citizens of the United States.
    (e) Complainant means the seaman who filed a SPA whistleblower 
complaint or on whose behalf a complaint was filed.
    (f) Cooperated means any assistance or participation with an 
investigation, at any stage of the investigation, and regardless of the 
outcome of the investigation.
    (g) Maritime safety law or regulation includes any statute or 
regulation regarding health or safety that applies to any person or 
equipment on a vessel.
    (h) Notify or notified includes any oral or written communications.
    (i) OSHA means the Occupational Safety and Health Administration of 
the United States Department of Labor.
    (j) Person means one or more individuals or other entities, 
including but not limited to corporations, companies, associations, 
firms, partnerships, societies, and joint stock companies.
    (k) Report or reported means any oral or written communications.
    (l) Respondent means the person alleged to have violated 46 U.S.C. 
2114.
    (m) Seaman means any individual engaged or employed in any capacity 
on board a U.S.-flag vessel or any other vessel owned by a citizen of 
the United States, except members of the Armed Forces. The term includes 
an individual formerly performing the work described above or an 
applicant for such work.
    (n) Secretary means the Secretary of Labor or persons to whom 
authority under the Act has been delegated.
    (o) State means a State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
Northern Mariana Islands.
    (p) Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    (q) Vessel owner includes all of the agents of the owner, including 
the vessel's master.
    (r) Any future amendments to SPA that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.

[[Page 930]]



Sec.  1986.102  Obligations and prohibited acts.

    (a) A person may not retaliate against any seaman because the 
seaman:
    (1) In good faith reported or was about to report to the Coast Guard 
or other appropriate Federal agency or department that the seaman 
believed that a violation of a maritime safety law or regulation 
prescribed under that law or regulation has occurred;
    (2) Refused to perform duties ordered by the seaman's employer 
because the seaman had a reasonable apprehension or expectation that 
performing such duties would result in serious injury to the seaman, 
other seamen, or the public;
    (3) Testified in a proceeding brought to enforce a maritime safety 
law or regulation prescribed under that law;
    (4) Notified, or attempted to notify, the vessel owner or the 
Secretary of the department in which the Coast Guard was operating of a 
work-related personal injury or work-related illness of a seaman;
    (5) Cooperated with a safety investigation by the Secretary of the 
department in which the Coast Guard was operating or the National 
Transportation Safety Board;
    (6) Furnished information to the Secretary of the department in 
which the Coast Guard was operating, the National Transportation Safety 
Board, or any other public official as to the facts relating to any 
marine casualty resulting in injury or death to an individual or damage 
to property occurring in connection with vessel transportation; or
    (7) Accurately reported hours of duty under part A of subtitle II of 
title 46 of the United States Code.
    (b) Retaliation means any discrimination against a seaman including, 
but not limited to, discharging, demoting, suspending, harassing, 
intimidating, threatening, restraining, coercing, blacklisting, or 
disciplining a seaman.
    (c) For purposes of paragraph (a)(2) of this section, the 
circumstances causing a seaman's apprehension of serious injury must be 
of such a nature that a reasonable person, under similar circumstances, 
would conclude that there was a real danger of an injury or serious 
impairment of health resulting from the performance of duties as ordered 
by the seaman's employer. To qualify for protection based on activity 
described in paragraph (a)(2) of this section, the seaman must have 
sought from the employer, and been unable to obtain, correction of the 
unsafe condition. Any seaman who requested such a correction shall be 
protected against retaliation because of the request.



Sec.  1986.103  Filing of retaliation complaints.

    (a) Who may file. A seaman who believes that he or she has been 
retaliated against by a person in violation of SPA may file, or have 
filed by any person on the seaman's behalf, a complaint alleging such 
retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If a seaman is unable to file a complaint in 
English, OSHA will accept the complaint in any other language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the seaman resides or was employed, but may be filed with any OSHA 
officer or employee. Addresses and telephone numbers for these officials 
are set forth in local directories and at the following Internet 
address: http://www.osha.gov
    (d) Time for filing. Not later than 180 days after an alleged 
violation occurs, a seaman who believes that he or she has been 
retaliated against in violation of SPA may file, or have filed by any 
person on his or her behalf, a complaint alleging such retaliation. The 
date of the postmark, facsimile transmittal, electronic communication 
transmittal, telephone call, hand-delivery, delivery to a third-party 
commercial carrier, or in-person filing at an OSHA office will be 
considered the date of filing. The time for filing a complaint may be 
tolled for reasons warranted by applicable case law.
    (e) Relationship to section 11(c) complaints. A complaint filed 
under SPA alleging facts that would also constitute a violation of 
section 11(c) of the Occupational Safety and Health

[[Page 931]]

Act, 29 U.S.C. 660(c), will be deemed to be a complaint under both SPA 
and section 11(c). Similarly, a complaint filed under section 11(c) that 
alleges facts that would also constitute a violation of SPA will be 
deemed to be a complaint filed under both SPA and section 11(c). Normal 
procedures and timeliness requirements under the respective statutes and 
regulations will be followed.



Sec.  1986.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, the 
Assistant Secretary will notify the respondent of the filing of the 
complaint by providing the respondent with a copy of the complaint, 
redacted in accordance with the Privacy Act of 1974, 5 U.S.C. 552a, and 
other applicable confidentiality laws. The Assistant Secretary will also 
notify the respondent of the respondent's rights under paragraphs (b) 
and (f) of this section. The Assistant Secretary will provide a copy of 
the unredacted complaint to the complainant (or complainant's legal 
counsel, if complainant is represented by counsel) and to the U.S. Coast 
Guard.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
may submit to the Assistant Secretary a written statement and any 
affidavits or documents substantiating its position. Within the same 20 
days, the respondent may request a meeting with the Assistant Secretary 
to present its position.
    (c) Throughout the investigation, the Agency will provide to the 
complainant (or the complainant's legal counsel if complainant is 
represented by counsel) a copy of all of respondent's submissions to the 
Agency that are responsive to the complainant's whistleblower complaint. 
Before providing such materials to the complainant, the Agency will 
redact them, if necessary, in accordance with the Privacy Act of 1974, 5 
U.S.C. 552a, and other applicable confidentiality laws. The Agency will 
also provide the complainant with an opportunity to respond to such 
submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that protected activity was a contributing factor 
in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The seaman engaged in a protected activity;
    (ii) The respondent knew or suspected that the seaman engaged in the 
protected activity;
    (iii) The seaman suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the seaman 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complainant shows that the adverse action took place 
shortly after the protected activity, giving rise to the inference that 
it was a contributing factor in the adverse action. If the required 
showing has not been made, the complainant (or the complainant's legal 
counsel if complainant is represented by counsel) will be so notified 
and the investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, an investigation of the 
complaint will not be conducted or will be discontinued if the 
respondent demonstrates by clear and convincing evidence that it would 
have taken the same adverse action in

[[Page 932]]

the absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in paragraph (e)(4) of this section, the 
Assistant Secretary will proceed with the investigation. The 
investigation will proceed whenever it is necessary or appropriate to 
confirm or verify the information provided by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1986.105, if the Assistant Secretary has 
reasonable cause, on the basis of information gathered under the 
procedures of this part, to believe that the respondent has violated the 
Act and that preliminary reinstatement is warranted, the Assistant 
Secretary will again contact the respondent (or the respondent's legal 
counsel, if respondent is represented by counsel) to give notice of the 
substance of the relevant evidence supporting the complainant's 
allegations as developed during the course of the investigation. This 
evidence includes any witness statements, which will be redacted to 
protect the identity of confidential informants where statements were 
given in confidence; if the statements cannot be redacted without 
revealing the identity of confidential informants, summaries of their 
contents will be provided. The complainant will also receive a copy of 
the materials that must be provided to the respondent under this 
paragraph. Before providing such materials to the complainant, the 
Agency will redact them, if necessary, in accordance with the Privacy 
Act of 1974, 5 U.S.C. 552a, and other applicable confidentiality laws. 
The respondent will be given the opportunity to submit a written 
response, to meet with the investigators, to present statements from 
witnesses in support of its position, and to present legal and factual 
arguments. The respondent must present this evidence within 10 business 
days of the Assistant Secretary's notification pursuant to this 
paragraph, or as soon thereafter as the Assistant Secretary and the 
respondent can agree, if the interests of justice so require.



Sec.  1986.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the complaint, written findings as to whether there is 
reasonable cause to believe that the respondent retaliated against the 
complainant in violation of SPA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief. 
Such order will require, where appropriate: Affirmative action to abate 
the violation; reinstatement of the complainant to his or her former 
position, with the same compensation, terms, conditions and privileges 
of the complainant's employment; payment of compensatory damages (back 
pay with interest and compensation for any special damages sustained as 
a result of the retaliation, including any litigation costs, expert 
witness fees, and reasonable attorney fees which the complainant has 
incurred). Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The preliminary order may also require the 
respondent to pay punitive damages of up to $250,000.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings and, where appropriate, the preliminary order 
will inform the parties of the right to object to the findings and/or 
the order and to request a hearing. The findings and, where appropriate, 
the preliminary order also will give the address of the Chief 
Administrative Law Judge, U.S. Department of Labor, or appropriate 
information regarding filing objections electronically with the Office 
of Administrative Law

[[Page 933]]

Judges. At the same time, the Assistant Secretary will file with the 
Chief Administrative Law Judge a copy of the original complaint and a 
copy of the findings and/or order.
    (c) The findings and the preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and request for a hearing have been timely filed as provided at Sec.  
1986.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.

[81 FR 63409, Sept. 15, 2016, as amended at 86 FR 1793, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1986.106  Objections to the findings and the preliminary order
and request for a hearing.

    (a) Any party who desires review, including judicial review, must 
file any objections and a request for a hearing on the record within 30 
days of receipt of the findings and preliminary order pursuant to Sec.  
1986.105(c). The objections and request for a hearing must be in writing 
and state whether the objections are to the findings and/or the 
preliminary order. The date of the postmark, facsimile transmittal, or 
electronic transmittal is considered the date of filing; if the 
objection is filed in person, by hand-delivery or other means, the 
objection is filed upon receipt. Objections must be filed with the Chief 
Administrative Law Judge, U.S. Department of Labor, in accordance with 
29 CFR part 18, and copies of the objections must be served at the same 
time on the other parties of record, and the OSHA official who issued 
the findings.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only on the basis of exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or preliminary 
order will become the final decision of the Secretary, not subject to 
judicial review.

[81 FR 63409, Sept. 15, 2016, as amended at 86 FR 1793, Jan. 11, 2021]



Sec.  1986.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated, and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.

[81 FR 63409, Sept. 15, 2016, as amended at 86 FR 1793, Jan. 11, 2021]

[[Page 934]]



Sec.  1986.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding. In any case in which the respondent objects to the findings 
or the preliminary order, the Assistant Secretary ordinarily will be the 
prosecuting party. In any other cases, at the Assistant Secretary's 
discretion, the Assistant Secretary may participate as a party or 
participate as amicus curiae at any stage of the proceeding. This right 
to participate includes, but is not limited to, the right to petition 
for review of a decision of an ALJ, including a decision approving or 
rejecting a settlement agreement between the complainant and the 
respondent.
    (2) If the Assistant Secretary assumes the role of prosecuting party 
in accordance with paragraph (a)(1) of this section, he or she may, upon 
written notice to the ALJ or the Administrative Review Board (ARB), as 
the case may be, and the other parties, withdraw as the prosecuting 
party in the exercise of prosecutorial discretion. If the Assistant 
Secretary withdraws, the complainant will become the prosecuting party 
and the ALJ or the ARB, as the case may be, will issue appropriate 
orders to regulate the course of future proceedings.
    (3) Copies of documents in all cases shall be sent to all parties, 
or if they are represented by counsel, to the latter. In cases in which 
the Assistant Secretary is a party, copies of the documents shall be 
sent to the Regional Solicitor's Office representing the Assistant 
Secretary.
    (b) The U.S. Coast Guard, if interested in a proceeding, may 
participate as amicus curiae at any time in the proceeding, at its 
discretion. At the request of the U.S. Coast Guard, copies of all 
documents in a case must be sent to that agency, whether or not that 
agency is participating in the proceeding.



Sec.  1986.109  Decisions and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant or the Assistant Secretary has satisfied the 
burden set forth in the prior paragraph, relief may not be ordered if 
the respondent demonstrates by clear and convincing evidence that it 
would have taken the same adverse action in the absence of any protected 
activity.
    (c) Neither the Assistant Secretary's determination to dismiss a 
complaint without completing an investigation pursuant to Sec.  
1986.104(e) nor the Assistant Secretary's determination to proceed with 
an investigation is subject to review by the ALJ, and a complaint may 
not be remanded for the completion of an investigation or for additional 
findings on the basis that a determination to dismiss was made in error. 
Rather, if there otherwise is jurisdiction, the ALJ will hear the case 
on the merits or dispose of the matter without a hearing if the facts 
and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order that will require, where appropriate: 
affirmative action to abate the violation, reinstatement of the 
complainant to his or her former position, with the same compensation, 
terms, conditions, and privileges of the complainant's employment; 
payment of compensatory damages (back pay with interest and compensation 
for any special damages sustained as a result of the retaliation, 
including any litigation costs, expert witness fees, and reasonable 
attorney fees which the complainant may have incurred); and payment of 
punitive damages up to $250,000. Interest on back pay will be calculated 
using the interest rate applicable to underpayment of taxes under 26 
U.S.C. 6621 and will be compounded daily.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of 
Occupational

[[Page 935]]

Safety and Health, U.S. Department of Labor. Any ALJ's decision 
requiring reinstatement or lifting an order of reinstatement by the 
Assistant Secretary will be effective immediately upon receipt of the 
decision by the respondent. All other portions of the ALJ's order will 
be effective 14 days after the date of the decision unless a timely 
petition for review has been filed with the ARB, U.S. Department of 
Labor. The ALJ decision will become the final order of the Secretary 
unless a petition for review is timely filed with the ARB and the ARB 
accepts the decision for review.



Sec.  1986.110  Decision and orders of the Administrative Review Board.

    (a) The Assistant Secretary or any other party desiring to seek 
review, including judicial review, of a decision of the ALJ must file a 
written petition for review with the ARB. The parties should identify in 
their petitions for review the legal conclusions or orders to which they 
object, or the objections may be deemed waived. A petition must be filed 
within 14 days of the date of the decision of the ALJ. The date of the 
postmark, facsimile transmittal, or electronic communication transmittal 
will be considered to be the date of filing; if the petition is filed in 
person, by hand delivery or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the ARB. 
Copies of the petition for review and all briefs must be served on the 
Assistant Secretary and, in cases in which the Assistant Secretary is a 
party, on the Associate Solicitor, Division of Occupational Safety and 
Health, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If no timely petition for 
review is filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If no timely petition for 
review is filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case, the conclusion of 
the hearing is the date the motion for reconsideration is ruled upon or 
14 days after a new decision is issued. The ARB's decision will be 
served upon all parties and the Chief Administrative Law Judge. The 
decision also will be served on the Assistant Secretary and on the 
Associate Solicitor, Division of Occupational Safety and Health, U.S. 
Department of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, with the same compensation, terms, conditions, and privileges 
of the complainant's employment; payment of compensatory damages (back 
pay with interest and compensation for any special damages sustained as 
a result of the retaliation, including any litigation costs, expert 
witness fees, and reasonable attorney fees the complainant may have 
incurred); and payment of punitive damages up to $250,000. Interest on 
back pay will be calculated using the interest rate applicable to 
underpayment of taxes under 26 U.S.C. 6621 and will be

[[Page 936]]

compounded daily. Such order is subject to discretionary review by the 
Secretary as provided in Secretary's Order 01-2020 (or any successor to 
that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. Such order is 
subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).

[81 FR 63409, Sept. 15, 2016, as amended at 85 FR 30625, May 20, 2020; 
86 FR 1793, Jan. 11, 2021; 86 FR 8687, Feb. 9, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1986.111  Withdrawal of SPA complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying the Assistant Secretary, 
orally or in writing, of his or her withdrawal. The Assistant Secretary 
then will confirm in writing the complainant's desire to withdraw and 
determine whether to approve the withdrawal. The Assistant Secretary 
will notify the parties (and each party's legal counsel if the party is 
represented by counsel) of the approval of any withdrawal. If the 
complaint is withdrawn because of settlement, the settlement must be 
submitted for approval in accordance with paragraph (d) of this section. 
A complainant may not withdraw his or her complaint after the filing of 
objections to the Assistant Secretary's findings and/or preliminary 
order.
    (b) The Assistant Secretary may withdraw the findings and/or a 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1986.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
preliminary order become final, a party may withdraw objections to the 
Assistant Secretary's findings and/or preliminary order by filing a 
written withdrawal with the ALJ. If a case is on review with the ARB, a 
party may withdraw a petition for review of an ALJ's decision at any 
time before that decision becomes final by filing a written withdrawal 
with the ARB. The ALJ or the ARB, as the case may be, will determine 
whether to approve the withdrawal of the objections or the petition for 
review. If the ALJ approves a request to withdraw objections to the 
Assistant Secretary's findings and/or order, and there are no other 
pending objections, the Assistant Secretary's findings and/or order will 
become the final order of the Secretary. If the ARB approves a request 
to withdraw a petition for review of an ALJ decision, and there are no 
other pending petitions for review of that decision, the ALJ's decision 
will become the final order of the Secretary. If objections or a 
petition for review are withdrawn because of settlement, the settlement 
must be submitted for approval in accordance with paragraph (d) of this 
section.
    (d)(1) Investigative settlements. At any time after the filing of a 
SPA complaint and before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if the 
Assistant Secretary, the complainant, and the respondent agree to a 
settlement. The Assistant Secretary's approval of a settlement reached 
by the respondent and the complainant demonstrates the Assistant 
Secretary's consent and achieves the consent of all three parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ or 
by the ARB, if the ARB has accepted the case for review. A copy of the 
settlement will be filed with the ALJ or the ARB as the case may be.
    (e) Any settlement approved by the Assistant Secretary, the ALJ, or 
the ARB will constitute the final order of the Secretary and may be 
enforced in a United States district court pursuant to 49 U.S.C. 
31105(e), as incorporated by 46 U.S.C. 2114(b).

[[Page 937]]



Sec.  1986.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the court of appeals of the United States for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB, or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[81 FR 63409, Sept. 15, 2016, as amended at 85 FR 30625, May 20, 2020]



Sec.  1986.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement or a final order, including one approving a settlement 
agreement issued under SPA, the Secretary may file a civil action 
seeking enforcement of the order in the United States district court for 
the district in which the violation was found to have occurred.



Sec.  1986.114  District court jurisdiction of retaliation complaints 
under SPA.

    (a) If there is no final order of the Secretary, 210 days have 
passed since the filing of the complaint, and there is no showing that 
there has been delay due to the bad faith of the complainant, the 
complainant may bring an action at law or equity for de novo review in 
the appropriate district court of the United States, which will have 
jurisdiction over such an action without regard to the amount in 
controversy. The action shall, at the request of either party to such 
action, be tried by the court with a jury.
    (b) Within seven days after filing a complaint in federal court, a 
complainant must file with the Assistant Secretary, the ALJ, or the ARB, 
depending on where the proceeding is pending, a copy of the file-stamped 
complaint. A copy of the complaint also must be served on the OSHA 
official who issued the findings and/or preliminary order, the Assistant 
Secretary, and the Associate Solicitor, Division of Occupational Safety 
and Health, U.S. Department of Labor.



Sec.  1986.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of the 
rules in this part, or for good cause shown, the ALJ or the ARB on 
review may, upon application, after three days notice to all parties, 
waive any rule or issue such orders as justice or the administration of 
SPA requires.



PART 1987_PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER 
SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION 
ACT--Table of Contents



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders

Sec.
1987.100 Purpose and scope.
1987.101 Definitions.
1987.102 Obligations and prohibited acts.
1987.103 Filing of retaliation complaint.
1987.104 Investigation.
1987.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1987.106 Objections to the findings and the preliminary order and 
          requests for a hearing.
1987.107 Hearings.
1987.108 Role of Federal agencies.
1987.109 Decision and orders of the administrative law judge.
1987.110 Decision and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1987.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1987.112 Judicial review.
1987.113 Judicial enforcement.
1987.114 District court jurisdiction of retaliation complaints.
1987.115 Special circumstances; waiver of rules.


[[Page 938]]


    Authority: 21 U.S.C. 399d; Secretary of Labor's Order No. 1-2012 
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020, 85 FR 13186 (March 6, 2020).

    Source: 81 FR 22539, Apr. 18, 2016, unless otherwise noted.



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders



Sec.  1987.100  Purpose and scope.

    (a) This part sets forth the procedures for, and interpretations of, 
section 402 of the FDA Food Safety Modernization Act (FSMA), Public Law 
111-353, 124 Stat. 3885, which was signed into law on January 4, 2011. 
Section 402 of the FDA Food Safety Modernization Act amended the Federal 
Food, Drug, and Cosmetic Act (FD&C), 21 U.S.C. 301 et seq., by adding 
new section 1012. See 21 U.S.C. 399d. Section 1012 of the FD&C provides 
protection for an employee from retaliation because the employee has 
engaged in protected activity pertaining to a violation or alleged 
violation of the FD&C, or any order, rule, regulation, standard, or ban 
under the FD&C.
    (b) This part establishes procedures under section 1012 of the FD&C 
for the expeditious handling of retaliation complaints filed by 
employees, or by persons acting on their behalf. The rules in this part, 
together with those codified at 29 CFR part 18, set forth the procedures 
under section 1012 of the FD&C for submission of complaints, 
investigations, issuance of findings and preliminary orders, objections 
to findings and orders, litigation before administrative law judges, 
post-hearing administrative review, and withdrawals and settlements. In 
addition, the rules in this part provide the Secretary's interpretations 
on certain statutory issues.



Sec.  1987.101  Definitions.

    As used in this part:
    (a) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under FSMA.
    (b) Business days means days other than Saturdays, Sundays, and 
Federal holidays.
    (c) Complainant means the employee who filed a complaint under FSMA 
or on whose behalf a complaint was filed.
    (d) Covered entity means an entity engaged in the manufacture, 
processing, packing, transporting, distribution, reception, holding, or 
importation of food.
    (e) Employee means an individual presently or formerly working for a 
covered entity, an individual applying to work for a covered entity, or 
an individual whose employment could be affected by a covered entity.
    (f) FD&C means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 
301 et seq., which is chapter 9 of title 21.
    (g) FDA means the Food and Drug Administration of the United States 
Department of Health and Human Services.
    (h) Food means articles used for food or drink for man or other 
animals, chewing gum, and articles used for components of any such 
article.
    (i) FSMA means section 402 of the FDA Food Safety Modernization Act, 
Public Law 111-353, 124 Stat. 3885 (Jan. 4, 2011) (codified at 21 U.S.C. 
399d).
    (j) OSHA means the Occupational Safety and Health Administration of 
the United States Department of Labor.
    (k) Person includes an individual, partnership, corporation, and 
association.
    (l) Respondent means the employer named in the complaint who is 
alleged to have violated the FSMA.
    (m) Secretary means the Secretary of Labor or person to whom 
authority under the FSMA has been delegated.
    (n) Any future statutory amendments that affect the definition of a 
term or terms listed in this section will apply in lieu of the 
definition stated herein.



Sec.  1987.102  Obligations and prohibited acts.

    (a) No covered entity may discharge or otherwise retaliate against, 
including, but not limited to, intimidating, threatening, restraining, 
coercing, blacklisting or disciplining, any employee with respect to the 
employee's compensation, terms, conditions, or privileges of employment 
because the employee, whether at the employee's

[[Page 939]]

initiative or in the ordinary course of the employee's duties (or any 
person acting pursuant to a request of the employee), has engaged in any 
of the activities specified in paragraphs (b)(1) through (4) of this 
section.
    (b) An employee is protected against retaliation because the 
employee (or any person acting pursuant to a request of the employee) 
has:
    (1) Provided, caused to be provided, or is about to provide or cause 
to be provided to the employer, the Federal Government, or the attorney 
general of a State information relating to any violation of, or any act 
or omission the employee reasonably believes to be a violation of any 
provision of the FD&C or any order, rule, regulation, standard, or ban 
under the FD&C
    (2) Testified or is about to testify in a proceeding concerning such 
violation;
    (3) Assisted or participated or is about to assist or participate in 
such a proceeding; or
    (4) Objected to, or refused to participate in, any activity, policy, 
practice, or assigned task that the employee (or other such person) 
reasonably believed to be in violation of any provision of the FD&C, or 
any order, rule, regulation, standard, or ban under the FD&C.



Sec.  1987.103  Filing of retaliation complaint.

    (a) Who may file. An employee who believes that he or she has been 
retaliated against in violation of FSMA may file, or have filed by any 
person on the employee's behalf, a complaint alleging such retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the employee resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for filing. Within 180 days after an alleged violation of 
FSMA occurs, any employee who believes that he or she has been 
retaliated against in violation of that section may file, or have filed 
by any person on the employee's behalf, a complaint alleging such 
retaliation. The date of the postmark, facsimile transmittal, electronic 
communication transmittal, telephone call, hand-delivery, delivery to a 
third-party commercial carrier, or in-person filing at an OSHA office 
will be considered the date of filing. The time for filing a complaint 
may be tolled for reasons warranted by applicable case law. For example, 
OSHA may consider the time for filing a complaint to be tolled if a 
complainant mistakenly files a complaint with an agency other than OSHA 
within 180 days after an alleged adverse action.



Sec.  1987.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, OSHA 
will notify the respondent of the filing of the complaint, of the 
allegations contained in the complaint, and of the substance of the 
evidence supporting the complaint. Such materials will be redacted, if 
necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and 
other applicable confidentiality laws. OSHA will also notify the 
respondent of its rights under paragraphs (b) and (f) of this section 
and Sec.  1987.110(e). OSHA will provide an unredacted copy of these 
same materials to the complainant (or the complainant's legal counsel if 
complainant is represented by counsel) and to the FDA.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
and the complainant each may submit to OSHA a written statement and any 
affidavits or documents substantiating its position. Within the same 20 
days, the respondent and the complainant each may request a meeting with 
OSHA to present its position.
    (c) During the investigation, OSHA will request that each party 
provide the other parties to the whistleblower complaint with a copy of 
submissions

[[Page 940]]

to OSHA that are pertinent to the whistleblower complaint. 
Alternatively, if a party does not provide its submissions to OSHA to 
the other party, OSHA will provide them to the other party (or the 
party's legal counsel if the party is represented by counsel) at a time 
permitting the other party an opportunity to respond. Before providing 
such materials to the other party, OSHA will redact them, if necessary, 
consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other 
applicable confidentiality laws. OSHA will also provide each party with 
an opportunity to respond to the other party's submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing (i.e., a non-frivolous allegation) that a 
protected activity was a contributing factor in the adverse action 
alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity;
    (ii) The respondent knew or suspected that the employee engaged in 
the protected activity;
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complaint shows that the adverse action took place 
within a temporal proximity of the protected activity, or at the first 
opportunity available to the respondent, giving rise to the inference 
that it was a contributing factor in the adverse action. If the required 
showing has not been made, the complainant (or the complainant's legal 
counsel if complainant is represented by counsel) will be so notified 
and the investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, further investigation of the 
complaint will not be conducted if the respondent demonstrates by clear 
and convincing evidence that it would have taken the same adverse action 
in the absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in paragraph (e)(4) of this section, OSHA 
will proceed with the investigation. The investigation will proceed 
whenever it is necessary or appropriate to confirm or verify the 
information provided by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1987.105, if OSHA has reasonable cause, on the 
basis of information gathered under the procedures of this part, to 
believe that the respondent has violated FSMA and that preliminary 
reinstatement is warranted, OSHA will contact the respondent (or the 
respondent's legal counsel if respondent is represented by counsel) to 
give notice of the substance of the relevant evidence supporting the 
complainant's allegations as developed during the course of the 
investigation. This evidence includes any witness statements, which will 
be redacted to protect the identity of confidential informants where 
statements were given in confidence; if the statements cannot be 
redacted without revealing the identity of confidential informants, 
summaries of their contents will be provided. The complainant will also 
receive a copy of the materials that must be provided to the respondent 
under this paragraph. Before providing such materials, OSHA will

[[Page 941]]

redact them, if necessary, consistent with the Privacy Act of 1974, 5 
U.S.C. 552a, and other applicable confidentiality laws. The respondent 
will be given the opportunity to submit a written response, to meet with 
the investigators, to present statements from witnesses in support of 
its position, and to present legal and factual arguments. The respondent 
must present this evidence within 10 business days of OSHA's 
notification pursuant to this paragraph, or as soon thereafter as OSHA 
and the respondent can agree, if the interests of justice so require.



Sec.  1987.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the complaint, written findings as to whether or not there 
is reasonable cause to believe that the respondent has retaliated 
against the complainant in violation of FSMA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will require, where appropriate: 
Affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The preliminary order will also 
require the respondent to submit appropriate documentation to the Social 
Security Administration allocating any back pay award to the appropriate 
calendar quarters.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings and, where appropriate, the preliminary order 
will inform the parties of the right to object to the findings and/or 
order and to request a hearing, and of the right of the respondent to 
request an award of attorney fees not exceeding $1,000 from the 
administrative law judge (ALJ), regardless of whether the respondent has 
filed objections, if the respondent alleges that the complaint was 
frivolous or brought in bad faith. The findings and, where appropriate, 
the preliminary order also will give the address of the Chief 
Administrative Law Judge, U.S. Department of Labor, or appropriate 
information regarding filing objections electronically with the Office 
of Administrative Law Judges. At the same time, the Assistant Secretary 
will file with the Chief Administrative Law Judge a copy of the original 
complaint and a copy of the findings and/or order.
    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for hearing has been timely filed as provided at Sec.  
1987.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.

[81 FR 22539, Apr. 18, 2016, as amended at 86 FR 1793, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1987.106  Objections to the findings and the preliminary order 
and requests for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and/or preliminary order, or a respondent alleging that the 
complaint was

[[Page 942]]

frivolous or brought in bad faith who seeks an award of attorney fees 
under FSMA, must file any objections and/or a request for a hearing on 
the record within 30 days of receipt of the findings and preliminary 
order pursuant to Sec.  1987.105. The objections, request for a hearing, 
and/or request for attorney fees must be in writing and state whether 
the objections are to the findings, the preliminary order, and/or 
whether there should be an award of attorney fees. The date of the 
postmark, facsimile transmittal, or electronic transmittal is considered 
the date of filing; if the objection is filed in person, by hand-
delivery or other means, the objection is filed upon receipt. Objections 
must be filed with the Chief Administrative Law Judge, U.S. Department 
of Labor, in accordance with 29 CFR part 18, and copies of the 
objections must be served at the same time on the other parties of 
record, the OSHA official who issued the findings and order, the 
Assistant Secretary, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or the 
preliminary order will become the final decision of the Secretary, not 
subject to judicial review.

[81 FR 22539, Apr. 18, 2016, as amended at 86 FR 1794, Jan. 11, 2021]



Sec.  1987.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.

[81 FR 22539, Apr. 18, 2016, as amended at 86 FR 1794, Jan. 11, 2021]



Sec.  1987.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies of all documents in the case. 
At the Assistant Secretary's discretion, the Assistant Secretary may 
participate as a party or as amicus curiae at any time at any stage of 
the proceeding. This right to participate includes, but is not limited 
to, the right to petition for review of a decision of an ALJ, including 
a decision approving or rejecting a settlement agreement between the 
complainant and the respondent.
    (2) Parties must send copies of documents to OSHA and to the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, only upon request of OSHA, or when OSHA is participating in 
the proceeding, or when service on OSHA and the Associate Solicitor is 
otherwise required by the rules in this part.
    (b) The FDA, if interested in a proceeding, may participate as 
amicus curiae at any time in the proceeding, at the FDA's discretion. At 
the request of

[[Page 943]]

the FDA, copies of all documents in a case must be sent to the FDA, 
whether or not the FDA is participating in the proceeding.



Sec.  1987.109  Decision and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.
    (c) Neither OSHA's determination to dismiss a complaint without 
completing an investigation pursuant to Sec.  1987.104(e) nor OSHA's 
determination to proceed with an investigation is subject to review by 
the ALJ, and a complaint may not be remanded for the completion of an 
investigation or for additional findings on the basis that a 
determination to dismiss was made in error. Rather, if there otherwise 
is jurisdiction, the ALJ will hear the case on the merits or dispose of 
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order that will require, where appropriate: 
Affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions, and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The order will also require the 
respondent to submit appropriate documentation to the Social Security 
Administration allocating any back pay award to the appropriate calendar 
quarters.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint was frivolous or 
was brought in bad faith, the ALJ may award to the respondent a 
reasonable attorney fee, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. Any ALJ's decision requiring 
reinstatement or lifting an order of reinstatement by the Assistant 
Secretary will be effective immediately upon receipt of the decision by 
the respondent. All other portions of the ALJ's order will be effective 
14 days after the date of the decision unless a timely petition for 
review has been filed with the Administrative Review Board (ARB), U.S. 
Department of Labor. The decision of the ALJ will become the final order 
of the Secretary unless a petition for review is timely filed with the 
ARB and the ARB accepts the petition for review.



Sec.  1987.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint was 
frivolous or brought in bad faith who seeks an award of attorney fees, 
must file a written petition for review with the ARB. The parties should 
identify in their petitions for review the legal conclusions or orders 
to which they object, or the objections may be deemed waived. A petition 
must be filed within 14 days of the date of the decision of the ALJ. The 
date of the postmark, facsimile transmittal, or electronic communication 
transmittal will be considered to be the date of filing; if the petition 
is filed in person, by hand delivery or other means, the petition is

[[Page 944]]

considered filed upon receipt. The petition must be served on all 
parties and on the Chief Administrative Law Judge at the time it is 
filed with the ARB. Copies of the petition for review must be served on 
the Assistant Secretary and on the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If no timely petition for 
review is filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If no timely petition for 
review is filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
date of the decision of the ALJ, unless a motion for reconsideration has 
been filed with the ALJ in the interim. In such case the conclusion of 
the hearing is the date the motion for reconsideration is denied or 14 
days after a new decision is issued. The ARB's decision will be served 
upon all parties and the Chief Administrative Law Judge. The decision 
will also be served on the Assistant Secretary and on the Associate 
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, 
even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters. Such 
order is subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought in bad faith, the ARB may award to the 
respondent reasonable attorney fees, not exceeding $1,000. An order 
under this section is subject to discretionary review by the Secretary 
as provided in Secretary's Order 01-2020 (or any successor to that 
order).

[81 FR 22539, Apr. 18, 2016, as amended at 85 FR 30625, May 20, 2020; 86 
FR 1794, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1987.111  Withdrawal of complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying OSHA, orally or in writing, 
of his or her withdrawal. OSHA then will confirm in writing the 
complainant's desire to withdraw and determine whether to approve the

[[Page 945]]

withdrawal. OSHA will notify the parties (and each party's legal counsel 
if the party is represented by counsel) of the approval of any 
withdrawal. If the complaint is withdrawn because of settlement, the 
settlement must be submitted for approval in accordance with paragraph 
(d) of this section. A complainant may not withdraw his or her complaint 
after the filing of objections to the Assistant Secretary's findings 
and/or preliminary order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1987.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw objections to the Assistant 
Secretary's findings and/or order by filing a written withdrawal with 
the ALJ. If the case is on review with the ARB, a party may withdraw a 
petition for review of an ALJ's decision at any time before that 
decision becomes final by filing a written withdrawal with the ARB. The 
ALJ or the ARB, as the case may be, will determine whether to approve 
the withdrawal of the objections or the petition for review. If the ALJ 
approves a request to withdraw objections to the Assistant Secretary's 
findings and/or order, and there are no other pending objections, the 
Assistant Secretary's findings and/or order will become the final order 
of the Secretary. If the ARB approves a request to withdraw a petition 
for review of an ALJ decision, and there are no other pending petitions 
for review of that decision, the ALJ's decision will become the final 
order of the Secretary. If objections or a petition for review are 
withdrawn because of settlement, the settlement must be submitted for 
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, but before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if 
OSHA, the complainant, and the respondent agree to a settlement. OSHA's 
approval of a settlement reached by the respondent and the complainant 
demonstrates OSHA's consent and achieves the consent of all three 
parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. A copy of the 
settlement will be filed with the ALJ or the ARB, as appropriate.
    (e) Any settlement approved by OSHA, the ALJ, or the ARB will 
constitute the final order of the Secretary and may be enforced in 
United States district court pursuant to Sec.  1987.113.



Sec.  1987.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[81 FR 22539, Apr. 18, 2016, as amended at 85 FR 30626, May 20, 2020]



Sec.  1987.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement, or a final order, including one approving a settlement 
agreement, issued under FSMA, the Secretary may file a civil action 
seeking enforcement of the order in the United States district court for 
the district in which the

[[Page 946]]

violation was found to have occurred or in the United States district 
court for the District of Columbia. Whenever any person has failed to 
comply with a preliminary order of reinstatement, or a final order, 
including one approving a settlement agreement, issued under FSMA, a 
person on whose behalf the order was issued may file a civil action 
seeking enforcement of the order in the appropriate United States 
district court.



Sec.  1987.114  District court jurisdiction of retaliation complaints.

    (a) The complainant may bring an action at law or equity for de novo 
review in the appropriate district court of the United States, which 
will have jurisdiction over such an action without regard to the amount 
in controversy, either:
    (1) Within 90 days after receiving a written determination under 
Sec.  1987.105(a) provided that there has been no final decision of the 
Secretary; or
    (2) If there has been no final decision of the Secretary within 210 
days of the filing of the complaint.
    (b) At the request of either party, the action shall be tried by the 
court with a jury.
    (c) A proceeding under paragraph (a) of this section shall be 
governed by the same legal burdens of proof specified in Sec.  1987.109. 
The court shall have jurisdiction to grant all relief necessary to make 
the employee whole, including injunctive relief and compensatory 
damages, including:
    (1) Reinstatement with the same seniority status that the employee 
would have had, but for the discharge or discrimination;
    (2) The amount of back pay, with interest;
    (3) Compensation for any special damages sustained as a result of 
the discharge or discrimination; and
    (4) Litigation costs, expert witness fees, and reasonable attorney 
fees.
    (d) Within seven days after filing a complaint in federal court, a 
complainant must file with OSHA, the ALJ, or the ARB, depending on where 
the proceeding is pending, a copy of the file-stamped complaint. In all 
cases, a copy of the complaint also must be served on the OSHA official 
who issued the findings and/or preliminary order, the Assistant 
Secretary, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor.



Sec.  1987.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of the 
rules in this part, or for good cause shown, the ALJ or the ARB on 
review may, upon application, after three days notice to all parties, 
waive any rule or issue such orders that justice or the administration 
of FSMA requires.



PART 1988_PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER 
SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST 
CENTURY ACT (MAP-21)--Table of Contents



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders

Sec.
1988.100 Purpose and scope.
1988.101 Definitions.
1988.102 Obligations and prohibited acts.
1988.103 Filing of retaliation complaint.
1988.104 Investigation.
1988.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1988.106 Objections to the findings and the preliminary order and 
          requests for a hearing.
1988.107 Hearings.
1988.108 Role of Federal agencies.
1988.109 Decision and orders of the administrative law judge.
1988.110 Decision and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1988.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1988.112 Judicial review.
1988.113 Judicial enforcement.
1988.114 District court jurisdiction of retaliation complaints.
1988.115 Special circumstances; waiver of rules.

    Authority: 49 U.S.C. 30171; Secretary of Labor's Order No. 1-2012 
(Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary's Order No. 01-
2020, 85 FR 13186 (March 6, 2020).

[[Page 947]]


    Source: 81 FR 13984, Mar. 16, 2016, unless otherwise noted.



  Subpart A_Complaints, Investigations, Findings and Preliminary Orders



Sec.  1988.100  Purpose and scope.

    (a) This part sets forth procedures for, and interpretations of, 
section 31307 of the Moving Ahead for Progress in the 21st Century Act 
(MAP-21), Public Law 112-141, 126 Stat. 405, 765 (July 6, 2012) 
(codified at 49 U.S.C. 30171). MAP-21 provides for employee protection 
from retaliation because the employee has engaged in protected activity 
pertaining to the manufacture or sale of motor vehicles and motor 
vehicle equipment.
    (b) This part establishes procedures under MAP-21 for the 
expeditious handling of retaliation complaints filed by employees, or by 
persons acting on their behalf. These rules, together with those 
codified at 29 CFR part 18, set forth the procedures under MAP-21 for 
submission of complaints, investigations, issuance of findings and 
preliminary orders, objections to findings and orders, litigation before 
administrative law judges (ALJs), post-hearing administrative review, 
and withdrawals and settlements. In addition, these rules provide the 
Secretary's interpretations on certain statutory issues.



Sec.  1988.101  Definitions.

    As used in this part:
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom he or 
she delegates authority under MAP-21.
    Business days means days other than Saturdays, Sundays, and Federal 
holidays.
    Complainant means the person who filed a MAP-21 complaint or on 
whose behalf a complaint was filed.
    Dealer or Dealership means a person selling and distributing new 
motor vehicles or motor vehicle equipment primarily to purchasers that 
in good faith purchase the vehicles or equipment other than for resale.
    Defect includes any defect in performance, construction, a 
component, or material of a motor vehicle or motor vehicle equipment.
    Employee means an individual presently or formerly working for, an 
individual applying to work for, or an individual whose employment could 
be affected by a motor vehicle manufacturer, dealer, part supplier, or 
dealership.
    Manufacturer means a person:
    (1) Manufacturing or assembling motor vehicles or motor vehicle 
equipment; or
    (2) Importing motor vehicles or motor vehicles equipment for resale.
    MAP-21 means Section 31307 of the Moving Ahead for Progress in the 
21st Century Act of 2012, Pub. L. 112-141, 126 Stat. 405, 765 (July 6, 
2012) (codified at 49 U.S.C. 30171).
    Motor vehicle means a vehicle driven or drawn by mechanical power 
and manufactured primarily for use on public streets, roads, and 
highways, but does not include a vehicle operated only on a rail line.
    Motor vehicle equipment means--
    (1) Any system, part, or component of a motor vehicle as originally 
manufactured;
    (2) Any similar part or component manufactured or sold for 
replacement or improvement of a system, part, or component, or as an 
accessory or addition to a motor vehicle; or
    (3) Any device or an article or apparel, including a motorcycle 
helmet and excluding medicine or eyeglasses prescribed by a licensed 
practitioner, that--
    (i) Is not a system, part or component of a motor vehicle; and
    (ii) Is manufactured, sold, delivered, or offered to be sold for use 
on public streets, roads, and highways with the apparent purpose of 
safeguarding users of motor vehicles against risk of accident, injury, 
or death.
    NHTSA means the National Highway Traffic Safety Administration of 
the United States Department of Transportation.
    OSHA means the Occupational Safety and Health Administration of the 
United States Department of Labor.
    Person means an individual, partnership, company, corporation, 
association (incorporated or unincorporated),

[[Page 948]]

trust, estate, cooperative organization, or other entity.
    Respondent means the person named in the complaint who is alleged to 
have violated MAP-21.
    Secretary means the Secretary of Labor.



Sec.  1988.102  Obligations and prohibited acts.

    (a) No motor vehicle manufacturer, part supplier, or dealership may 
discharge or otherwise retaliate against, including, but not limited to, 
intimidating, threatening, restraining, coercing, blacklisting or 
disciplining, an employee with respect to the employee's compensation, 
terms, conditions, or privileges of employment because the employee, or 
any person acting pursuant to the employee's request, has engaged in any 
of the activities specified in paragraphs (b)(1) through (5) of this 
section.
    (b) An employee is protected against retaliation (as described in 
paragraph (a) of this section) by a motor vehicle manufacturer, part 
supplier, or dealership because he or she:
    (1) Provided, caused to be provided, or is about to provide (with 
any knowledge of the employer) or cause to be provided to the employer 
or the Secretary of Transportation, information relating to any motor 
vehicle defect, noncompliance, or any violation or alleged violation of 
any notification or reporting requirement of Chapter 301 of Title 49 of 
the United States Code;
    (2) Filed, or caused to be filed, or is about to file (with any 
knowledge of the employer) or cause to be filed a proceeding relating to 
any motor vehicle defect, noncompliance, or any violation or alleged 
violation of any notification or reporting requirement of Chapter 301 of 
Title 49 of the United States Code;
    (3) Testified or is about to testify in such a proceeding;
    (4) Assisted or participated or is about to assist or participate in 
such a proceeding; or
    (5) Objected to, or refused to participate in, any activity that the 
employee reasonably believed to be in violation of any provision of 
Chapter 301 of Title 49 of the United States Code, or any order, rule, 
regulation, standard, or ban under such provision.



Sec.  1988.103  Filing of retaliation complaint.

    (a) Who may file. A person who believes that he or she has been 
discharged or otherwise retaliated against by any person in violation of 
MAP-21 may file, or have filed by any person on his or her behalf, a 
complaint alleging such retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the complainant resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
Internet address: http://www.osha.gov.
    (d) Time for filing. Within 180 days after an alleged violation of 
MAP-21 occurs, any person who believes that he or she has been 
retaliated against in violation of the MAP-21 may file, or have filed by 
any person on his or her behalf, a complaint alleging such retaliation. 
The date of the postmark, facsimile transmittal, electronic 
communication transmittal, telephone call, hand-delivery, delivery to a 
third-party commercial carrier, or in-person filing at an OSHA office 
will be considered the date of filing. The time for filing a complaint 
may be tolled for reasons warranted by applicable case law. For example, 
OSHA may consider the time for filing a complaint to be tolled if a 
complainant mistakenly files a complaint with an agency other than OSHA 
within 180 days after an alleged adverse action.



Sec.  1988.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, OSHA 
will notify the respondent of the filing of the complaint, of the 
allegations contained in

[[Page 949]]

the complaint, and of the substance of the evidence supporting the 
complaint. Such materials will be redacted, if necessary, consistent 
with the Privacy Act of 1974, 5 U.S.C. 552a, and other applicable 
confidentiality laws. OSHA will also notify the respondent of its rights 
under paragraphs (b) and (f) of this section and paragraph (e) of Sec.  
1988.110. OSHA will provide an unredacted copy of these same materials 
to the complainant (or the complainant's legal counsel if complainant is 
represented by counsel) and to the NHTSA.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
may submit to OSHA a written statement and any affidavits or documents 
substantiating its position. Within the same 20 days, the respondent may 
request a meeting with OSHA to present its position.
    (c) During the investigation, OSHA will request that each party 
provide the other parties to the whistleblower complaint with a copy of 
submissions to OSHA that are pertinent to the whistleblower complaint. 
Alternatively, if a party does not provide its submissions to OSHA to 
the other party, OSHA will provide them to the other party (or the 
party's legal counsel if the party is represented by counsel) at a time 
permitting the other party an opportunity to respond. Before providing 
such materials to the other party, OSHA will redact them, if necessary, 
consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other 
applicable confidentiality laws. OSHA will also provide each party with 
an opportunity to respond to the other party's submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that a protected activity was a contributing 
factor in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity;
    (ii) The respondent knew or suspected that the employee engaged in 
the protected activity;
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complaint shows that the adverse action took place 
within a temporal proximity of the protected activity, or at the first 
opportunity available to the respondent, giving rise to the inference 
that it was a contributing factor in the adverse action. If the required 
showing has not been made, the complainant (or the complainant's legal 
counsel if complainant is represented by counsel) will be so notified 
and the investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, further investigation of the 
complaint will not be conducted if the respondent demonstrates by clear 
and convincing evidence that it would have taken the same adverse action 
in the absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy the burden set forth in the prior paragraph, OSHA will proceed 
with the investigation. The investigation will proceed whenever it is 
necessary or appropriate to confirm or verify the information provided 
by the respondent.

[[Page 950]]

    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1988.105, if OSHA has reasonable cause, on the 
basis of information gathered under the procedures of this part, to 
believe that the respondent has violated MAP-21 and that preliminary 
reinstatement is warranted, OSHA will contact the respondent (or the 
respondent's legal counsel if respondent is represented by counsel) to 
give notice of the substance of the relevant evidence supporting the 
complainant's allegations as developed during the course of the 
investigation. This evidence includes any witness statements, which will 
be redacted to protect the identity of confidential informants where 
statements were given in confidence; if the statements cannot be 
redacted without revealing the identity of confidential informants, 
summaries of their contents will be provided. The complainant will also 
receive a copy of the materials that must be provided to the respondent 
under this paragraph. Before providing such materials, OSHA will redact 
them, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 
552a, and other applicable confidentiality laws. The respondent will be 
given the opportunity to submit a written response, to meet with the 
investigator, to present statements from witnesses in support of its 
position, and to present legal and factual arguments. The respondent 
must present this evidence within 10 business days of OSHA's 
notification pursuant to this paragraph, or as soon thereafter as OSHA 
and the respondent can agree, if the interests of justice so require.



Sec.  1988.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the complaint, written findings as to whether or not there 
is reasonable cause to believe that the respondent has retaliated 
against the complainant in violation of MAP-21.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will require, where appropriate: 
Affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The preliminary order will also 
require the respondent to submit appropriate documentation to the Social 
Security Administration allocating any back pay award to the appropriate 
calendar quarters.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by means that allow OSHA to confirm delivery to all parties of 
record (and each party's legal counsel if the party is represented by 
counsel). The findings and, where appropriate, the preliminary order 
will inform the parties of the right to object to the findings and/or 
order and to request a hearing, and of the right of the respondent to 
request an award of attorney fees not exceeding $1,000 from the ALJ, 
regardless of whether the respondent has filed objections, if the 
respondent alleges that the complaint was frivolous or brought in bad 
faith. The findings and, where appropriate, the preliminary order also 
will give the address of the Chief Administrative Law Judge, U.S. 
Department of Labor, or appropriate information regarding filing 
objections electronically with the Office of Administrative Law Judges. 
At the same time, the Assistant Secretary will file with the Chief 
Administrative Law Judge a copy of the original complaint and a copy of 
the findings and/or order.

[[Page 951]]

    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for hearing has been timely filed as provided at Sec.  
1988.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.

[81 FR 13984, Mar. 16, 2016, as amended at 86 FR 1794, Jan. 11, 2021]



                          Subpart B_Litigation



Sec.  1988.106  Objections to the findings and the preliminary 
order and requests for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and/or preliminary order, or a respondent alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney fees under MAP-21, must file any objections and/or a request 
for a hearing on the record within 30 days of receipt of the findings 
and preliminary order pursuant to Sec.  1988.105. The objections, 
request for a hearing, and/or request for attorney fees must be in 
writing and state whether the objections are to the findings, the 
preliminary order, and/or whether there should be an award of attorney 
fees. The date of the postmark, facsimile transmittal, or electronic 
transmittal is considered the date of filing; if the objection is filed 
in person, by hand-delivery or other means, the objection is filed upon 
receipt. Objections must be filed with the Chief Administrative Law 
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and 
copies of the objections must be served at the same time on the other 
parties of record, the OSHA official who issued the findings and order, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or the 
preliminary order will become the final decision of the Secretary, not 
subject to judicial review.

[81 FR 13984, Mar. 16, 2016, as amended at 86 FR 1794, Jan. 11, 2021]



Sec.  1988.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.

[81 FR 13984, Mar. 16, 2016, as amended at 86 FR 1794, Jan. 11, 2021]

[[Page 952]]



Sec.  1988.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies of all documents in the case. 
At the Assistant Secretary's discretion, the Assistant Secretary may 
participate as a party or as amicus curiae at any time at any stage of 
the proceeding. This right to participate includes, but is not limited 
to, the right to petition for review of a decision of an ALJ, including 
a decision approving or rejecting a settlement agreement between the 
complainant and the respondent.
    (2) Parties must send copies of documents to OSHA and to the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, only upon request of OSHA, or when OSHA is participating in 
the proceeding, or when service on OSHA and the Associate Solicitor is 
otherwise required by these rules.
    (b) The NHTSA, if interested in a proceeding, may participate as 
amicus curiae at any time in the proceeding, at NHTSA's discretion. At 
the request of NHTSA, copies of all documents in a case must be sent to 
NHTSA, whether or not it is participating in the proceeding.



Sec.  1988.109  Decision and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.
    (c) Neither OSHA's determination to dismiss a complaint without 
completing an investigation pursuant to Sec.  1988.104(e) nor OSHA's 
determination to proceed with an investigation is subject to review by 
the ALJ, and a complaint may not be remanded for the completion of an 
investigation or for additional findings on the basis that a 
determination to dismiss was made in error. Rather, if there otherwise 
is jurisdiction, the ALJ will hear the case on the merits or dispose of 
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order that will require, where appropriate: 
Affirmative action to abate the violation; reinstatement of the 
complainant to his or her former position, together with the 
compensation (including back pay and interest), terms, conditions, and 
privileges of the complainant's employment; and payment of compensatory 
damages, including, at the request of the complainant, the aggregate 
amount of all costs and expenses (including attorney and expert witness 
fees) reasonably incurred. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621 and will be compounded daily. The order will also require the 
respondent to submit appropriate documentation to the Social Security 
Administration allocating any back pay award to the appropriate calendar 
quarters.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint was frivolous or 
was brought in bad faith, the ALJ may award to the respondent a 
reasonable attorney fee, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. Any ALJ's decision requiring 
reinstatement or lifting an order of reinstatement by the Assistant 
Secretary will be effective immediately upon receipt of the decision by 
the respondent. All other portions of the ALJ's order will be effective 
14 days after the date of the decision unless a timely petition for 
review has been filed with the Administrative Review Board (ARB), U.S. 
Department of Labor. The decision of

[[Page 953]]

the ALJ will become the final order of the Secretary unless a petition 
for review is timely filed with the ARB and the ARB accepts the petition 
for review.



Sec.  1988.110  Decision and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint was 
frivolous or brought in bad faith who seeks an award of attorney fees, 
must file a written petition for review with the ARB. The parties should 
identify in their petitions for review the legal conclusions or orders 
to which they object, or the objections may be deemed waived. A petition 
must be filed within 14 days of the date of the decision of the ALJ. The 
date of the postmark, facsimile transmittal, or electronic communication 
transmittal will be considered to be the date of filing; if the petition 
is filed in person, by hand delivery or other means, the petition is 
considered filed upon receipt. The petition must be served on all 
parties and on the Chief Administrative Law Judge at the time it is 
filed with the ARB. Copies of the petition for review must be served on 
the Assistant Secretary and on the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If no timely petition for 
review is filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If no timely petition for 
review is filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 14 days after the 
decision of the ALJ, unless a motion for reconsideration has been filed 
with the ALJ in the interim. In such case, the conclusion of the hearing 
is the date the motion for reconsideration is ruled upon or 14 days 
after a new decision is issued. The ARB's decision will be served upon 
all parties and the Chief Administrative Law Judge. The decision will 
also be served on the Assistant Secretary and on the Associate 
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, 
even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing relief to the complainant. The 
order will require, where appropriate, affirmative action to abate the 
violation; reinstatement of the complainant to his or her former 
position, together with the compensation (including back pay and 
interest), terms, conditions, and privileges of the complainant's 
employment; and payment of compensatory damages, including, at the 
request of the complainant, the aggregate amount of all costs and 
expenses (including attorney and expert witness fees) reasonably 
incurred. Interest on back pay will be calculated using the interest 
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate calendar quarters. Such 
order is subject to discretionary review by the Secretary as provided in 
Secretary's Order 01-2020 (or any successor to that order).
    (e) If the ARB concludes that the respondent has not violated the 
law, the ARB will issue an order denying the complaint. If, upon the 
request of the respondent, the ARB determines that a complaint was 
frivolous or was brought

[[Page 954]]

in bad faith, the ARB may award to the respondent reasonable attorney 
fees, not exceeding $1,000. An order under this section is subject to 
discretionary review by the Secretary as provided in Secretary's Order 
01-2020 (or any successor to that order).

[81 FR 13984, Mar. 16, 2016, as amended at 85 FR 30626, May 20, 2020; 86 
FR 1794, Jan. 11, 2021]



                   Subpart C_Miscellaneous Provisions



Sec.  1988.111  Withdrawal of complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw his or her complaint by notifying OSHA, orally or in writing, 
of his or her withdrawal. OSHA then will confirm in writing the 
complainant's desire to withdraw and determine whether to approve the 
withdrawal. OSHA will notify the parties (and each party's legal counsel 
if the party is represented by counsel) of the approval of any 
withdrawal. If the complaint is withdrawn because of settlement, the 
settlement must be submitted for approval in accordance with paragraph 
(d) of this section. A complainant may not withdraw his or her complaint 
after the filing of objections to the Assistant Secretary's findings 
and/or preliminary order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1988.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw objections to the Assistant 
Secretary's findings and/or order by filing a written withdrawal with 
the ALJ. If the case is on review with the ARB, a party may withdraw a 
petition for review of an ALJ's decision at any time before that 
decision becomes final by filing a written withdrawal with the ARB. The 
ALJ or the ARB, as the case may be, will determine whether to approve 
the withdrawal of the objections or the petition for review. If the ALJ 
approves a request to withdraw objections to the Assistant Secretary's 
findings and/or order, and there are no other pending objections, the 
Assistant Secretary's findings and/or order will become the final order 
of the Secretary. If the ARB approves a request to withdraw a petition 
for review of an ALJ decision, and there are no other pending petitions 
for review of that decision, the ALJ's decision will become the final 
order of the Secretary. If objections or a petition for review are 
withdrawn because of settlement, the settlement must be submitted for 
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, but before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if 
OSHA, the complainant, and the respondent agree to a settlement. OSHA's 
approval of a settlement reached by the respondent and the complainant 
demonstrates OSHA's consent and achieves the consent of all three 
parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. A copy of the 
settlement will be filed with the ALJ or the ARB, as appropriate.
    (e) Any settlement approved by OSHA, the ALJ, or the ARB will 
constitute the final order of the Secretary and may be enforced in 
United States district court pursuant to Sec.  1988.113.



Sec.  1988.112  Judicial review.

    (a) Within 60 days after the issuance of a final order (including a 
decision issued by the Secretary upon his or her discretionary review) 
for which judicial review is available, any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the

[[Page 955]]

violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case, 
including the record of proceedings before the ALJ, will be transmitted 
by the ARB or the ALJ, as the case may be, to the appropriate court 
pursuant to the Federal Rules of Appellate Procedure and the local rules 
of such court.

[81 FR 13984, Mar. 16, 2016, as amended at 85 FR 30627, May 20, 2020]



Sec.  1988.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement, or a final order, including one approving a settlement 
agreement, issued under MAP-21, the Secretary may file a civil action 
seeking enforcement of the order in the United States district court for 
the district in which the violation was found to have occurred. Whenever 
any person has failed to comply with a preliminary order of 
reinstatement, or a final order, including one approving a settlement 
agreement, issued under MAP-21, a person on whose behalf the order was 
issued may file a civil action seeking enforcement of the order in the 
appropriate United States district court.



Sec.  1988.114  District court jurisdiction of retaliation complaints.

    (a) If the Secretary has not issued a final decision with 210 days 
of the filing of the complaint, and there is no showing that there has 
been delay due to the bad faith of the complainant, the complainant may 
bring an action at law or equity for de novo review in the appropriate 
district court of the United States, which will have jurisdiction over 
such an action without regard to the amount in controversy. At the 
request of either party, the action shall be tried by the court with a 
jury.
    (b) A proceeding under paragraph (a) of this section shall be 
governed by the same legal burdens of proof specified in Sec.  1988.109.
    (c) Within seven days after filing a complaint in federal court, a 
complainant must file with OSHA, the ALJ, or the ARB, depending on where 
the proceeding is pending, a copy of the file-stamped complaint. A copy 
of the complaint also must be served on the OSHA official who issued the 
findings and/or preliminary order, the Assistant Secretary, and the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor.



Sec.  1988.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of these 
rules, or for good cause shown, the ALJ or the ARB on review may, upon 
application, after three-days' notice to all parties, waive any rule or 
issue such orders that justice or the administration of MAP-21 requires.



PART 1989_PROCEDURES FOR THE HANDLING OF RETAILIATION COMPAINTS 
UNDER THE TAXPAYER FIRST ACT (TFA)--Table of Contents



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders

Sec.
1989.100 Purpose and scope.
1989.101 Definitions.
1989.102 Obligations and prohibited acts.
1989.103 Filing of retaliation complaint.
1989.104 Investigation.
1989.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1989.106 Objections to the findings and the preliminary order and 
          requests for a hearing.
1989.107 Hearings.
1989.108 Role of Federal agencies.
1989.109 Decisions and orders of the administrative law judge.
1989.110 Decisions and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1989.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1989.112 Judicial review.
1989.113 Judicial enforcement.
1989.114 District court jurisdiction of retaliation complaints.
1989.115 Special circumstances; waiver of rules.

    Authority: 26 U.S.C. 7623(d); Secretary of Labor's Order 08-2020 
(May 15, 2020), 85 FR

[[Page 956]]

58393 (September 18, 2020); Secretary of Labor's Order 01-2020 (Feb. 21, 
2020), 85 FR 13024-01 (Mar. 6, 2020).

    Source: 87 FR 12583, Mar. 7, 2022, unless otherwise noted.



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders



Sec.  1989.100  Purpose and scope.

    (a) This part sets forth procedures for, and interpretations of, 
section 1405(b) of the Taxpayer First Act (TFA), Public Law 116-25, 133 
Stat. 981 (July 1, 2019) (codified at 26 U.S.C. 7623(d)). TFA provides 
for employee protection from retaliation because the employee has 
engaged in protected activity pertaining to underpayment of tax or any 
conduct which the employee reasonably believes constitutes a violation 
of the internal revenue laws or any provision of Federal law relating to 
tax fraud.
    (b) This part establishes procedures under TFA for the expeditious 
handling of retaliation complaints filed by employees, or by persons 
acting on their behalf. These rules, together with those codified at 29 
CFR part 18, set forth the procedures under TFA for submission of 
complaints, investigations, issuance of findings and preliminary orders, 
objections to findings and orders, litigation before administrative law 
judges (ALJs), post-hearing administrative review, and withdrawals and 
settlements. In addition, these rules provide the Secretary's 
interpretations on certain statutory issues.



Sec.  1989.101  Definitions.

    As used in this part:
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom the 
Assistant Secretary delegates authority under TFA.
    Business days means days other than Saturdays, Sundays, and Federal 
holidays.
    Complainant means the person who filed a TFA complaint or on whose 
behalf a complaint was filed.
    Employee means an individual presently or formerly working for, an 
individual applying to work for, or an individual whose employment could 
be affected by, another person.
    IRS means the Internal Revenue Service of the United States 
Department of the Treasury.
    OSHA means the Occupational Safety and Health Administration of the 
United States Department of Labor.
    Person means an individual, partnership, company, corporation, 
association (incorporated or unincorporated), trust, or estate.
    Respondent means the person named in the complaint who is alleged to 
have violated TFA.
    Secretary means the Secretary of Labor.
    TFA means section 1405(b) of the Taxpayer First Act (TFA), Public 
Law 116-25, 133 Stat. 981 (July 1, 2019) (codified at 26 U.S.C. 
7623(d)).



Sec.  1989.102  Obligations and prohibited acts.

    (a) No employer or any officer, employee, contractor, subcontractor, 
or agent of such employer may discharge, demote, suspend, threaten, 
harass, or in any other manner retaliate against, including, but not 
limited to, intimidating, restraining, coercing, blacklisting, or 
disciplining, an employee in the terms and conditions of employment in 
reprisal for the employee having engaged in any of the activities 
specified in paragraphs (b)(1) and (2) of this section.
    (b) An employee is protected against retaliation (as described in 
paragraph (a) of this section) by an employer or any officer, employee, 
contractor, subcontractor, or agent of such employer in reprisal for any 
lawful act done by the employee:
    (1) To provide information, cause information to be provided, or 
otherwise assist in an investigation regarding underpayment of tax or 
any conduct which the employee reasonably believes constitutes a 
violation of the internal revenue laws or any provision of Federal law 
relating to tax fraud, when the information or assistance is provided to 
the Internal Revenue Service, the Secretary of the Treasury, the 
Treasury Inspector General for Tax Administration, the Comptroller 
General of the United States, the Department of Justice, the United 
States Congress,

[[Page 957]]

a person with supervisory authority over the employee, or any other 
person working for the employer who has the authority to investigate, 
discover, or terminate misconduct; or
    (2) To testify, participate in, or otherwise assist in any 
administrative or judicial action taken by the Internal Revenue Service 
relating to an alleged underpayment of tax or any violation of the 
internal revenue laws or any provision of Federal law relating to tax 
fraud.



Sec.  1989.103  Filing of retaliation complaint.

    (a) Who may file. A person who believes that they have been 
discharged or otherwise retaliated against by any person in violation of 
TFA may file, or have filed by any person on their behalf, a complaint 
alleging such retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the complainant resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
internet address: http://www.osha.gov. Complaints may also be filed 
online at https://www.osha.gov/whistleblower/WBComplaint.html.
    (d) Time for filing. Within 180 days after an alleged violation of 
TFA occurs, any person who believes that they have been retaliated 
against in violation of TFA may file, or have filed by any person on 
their behalf, a complaint alleging such retaliation. The date of the 
postmark, facsimile transmittal, electronic filing or transmittal, 
telephone call, hand-delivery, delivery to a third-party commercial 
carrier, or in-person filing at an OSHA office will be considered the 
date of filing. The time for filing a complaint may be tolled for 
reasons warranted by applicable case law. For example, OSHA may consider 
the time for filing a complaint to be tolled if a complainant mistakenly 
files a complaint with an agency other than OSHA within 180 days after 
an alleged adverse action.



Sec.  1989.104  Investigation.

    (a) Upon receipt of a complaint in the investigating office, OSHA 
will notify the respondent and the complainant's employer (if different) 
of the filing of the complaint, of the allegations contained in the 
complaint, and of the substance of the evidence supporting the 
complaint. Such materials will be redacted, if necessary, consistent 
with the Privacy Act of 1974, 5 U.S.C. 552a, and other applicable 
confidentiality laws. OSHA will also notify the respondent of its rights 
under paragraphs (b) and (f) of this section and Sec.  1989.110(e). OSHA 
will provide an unredacted copy of these same materials to the 
complainant (or the complainant's legal counsel if complainant is 
represented by counsel) and to the IRS.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
may submit to OSHA a written statement and any affidavits or documents 
substantiating its position. Within the same 20 days, the respondent may 
request a meeting with OSHA to present its position.
    (c) During the investigation, OSHA will request that each party 
provide the other parties to the whistleblower complaint with a copy of 
submissions to OSHA that are pertinent to the whistleblower complaint. 
Alternatively, if a party does not provide its submissions to OSHA to 
the other party, OSHA generally will provide them to the other party (or 
the party's legal counsel if the party is represented by counsel) at a 
time permitting the other party an opportunity to respond. Before 
providing such materials to the other party, OSHA will redact them, if 
necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and 
other applicable confidentiality laws. OSHA will also provide each party 
with an opportunity to respond to the other party's submissions.

[[Page 958]]

    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with part 70 of this 
title.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that a protected activity was a contributing 
factor in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The employee engaged in a protected activity;
    (ii) The respondent knew or suspected that the employee engaged in 
the protected activity;
    (iii) The employee suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the employee 
engaged in protected activity and that the protected activity was a 
contributing factor in the adverse action. The burden may be satisfied, 
for example, if the complainant shows that the adverse action took place 
shortly after the protected activity. If the required showing has not 
been made, the complainant (or the complainant's legal counsel if 
complainant is represented by counsel) will be so notified and the 
investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, further investigation of the 
complaint will not be conducted if the respondent demonstrates by clear 
and convincing evidence that it would have taken the same adverse action 
in the absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy its burden set forth in the prior paragraph, OSHA will proceed 
with the investigation. The investigation will proceed whenever it is 
necessary or appropriate to confirm or verify the information provided 
by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1989.105, if OSHA has reasonable cause, on the 
basis of information gathered under the procedures of this part, to 
believe that the respondent has violated TFA and that preliminary 
reinstatement is warranted, OSHA will contact the respondent (or the 
respondent's legal counsel if respondent is represented by counsel) to 
give notice of the substance of the relevant evidence supporting the 
complainant's allegations as developed during the course of the 
investigation. This evidence includes any witness statements, which will 
be redacted to protect the identity of confidential informants where 
statements were given in confidence; if the statements cannot be 
redacted without revealing the identity of confidential informants, 
summaries of their contents will be provided. The complainant will also 
receive a copy of the materials that must be provided to the respondent 
under this paragraph. Before providing such materials, OSHA will redact 
them, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 
552a, and other applicable confidentiality laws. The respondent will be 
given the opportunity to submit a written response, to meet with the 
investigator, to present statements from witnesses in support of its 
position, and to present legal and factual arguments. The respondent 
must present this evidence within 10 business days of OSHA's 
notification pursuant to this paragraph, or as soon thereafter as OSHA 
and the respondent can agree, if the interests of justice so require.



Sec.  1989.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the

[[Page 959]]

complaint, written findings as to whether or not there is reasonable 
cause to believe that the respondent has retaliated against the 
complainant in violation of TFA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will include all relief necessary 
to make the complainant whole including, where appropriate: 
Reinstatement with the same seniority status that the complainant would 
have had, but for the retaliation; the sum of 200 percent of the amount 
of back pay and 100 percent of all lost benefits, with interest; and 
compensation for any special damages sustained as a result of the 
retaliation, including litigation costs, expert witness fees, and 
reasonable attorney fees. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621(a)(2) and will be compounded daily. Where appropriate, the 
preliminary order will also require the respondent to submit appropriate 
documentation to the Social Security Administration allocating any back 
pay award to the appropriate periods.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by physical or electronic means that allow OSHA to confirm 
delivery to all parties of record (or each party's legal counsel if the 
party is represented by counsel). The findings and, where appropriate, 
the preliminary order will inform the parties of the right to object to 
the findings and/or order and to request a hearing, and of the right of 
the respondent to request an award of attorney fees not exceeding $1,000 
from the ALJ, regardless of whether the respondent has filed objections, 
if the respondent alleges that the complaint was frivolous or brought in 
bad faith. The findings and, where appropriate, the preliminary order, 
also will give the address of the Chief Administrative Law Judge, U.S. 
Department of Labor, or appropriate information regarding filing 
objections electronically with the Office of Administrative Law Judges 
if electronic filing is available. The findings also may specify the 
means, including electronic means, for serving OSHA and the Associate 
Solicitor for Fair Labor Standards with documents in the administrative 
litigation as required under this Part. At the same time, the Assistant 
Secretary will file with the Chief Administrative Law Judge a copy of 
the original complaint and a copy of the findings and/or order.
    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for hearing has been timely filed as provided at Sec.  
1989.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.



                          Subpart B_Litigation



Sec.  1989.106  Objections to the findings and the preliminary order
and requests for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and/or preliminary order, or a respondent alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney fees under TFA, must file any objections and/or a request for a 
hearing on the record within 30 days of receipt of the findings and 
preliminary order pursuant to Sec.  1989.105. The objections and request 
for hearing and/or request for attorney fees must be in writing and must 
state whether the objections are to the findings, the preliminary order, 
or both, and/or whether there should be an award of attorney fees. The 
date of the postmark, facsimile transmittal, or electronic transmittal 
is considered the date of filing; if the objection is filed in person, 
by hand delivery, or other means, the objection is filed upon

[[Page 960]]

receipt. Objections must be filed with the Chief Administrative Law 
Judge, U.S. Department of Labor, in accordance with 29 CFR part 18, and 
copies of the objections must be served at the same time on the other 
parties of record, the OSHA official who issued the findings and order, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. OSHA and the Associate 
Solicitor for Fair Labor Standards may specify the means, including 
electronic means, for serving then with copies of the objections.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or the 
preliminary order will become the final decision of the Secretary, not 
subject to judicial review.



Sec.  1989.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at subpart A of part 18 of this title.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.



Sec.  1989.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies of all documents in the case. 
At the Assistant Secretary's discretion, the Assistant Secretary may 
participate as a party or as amicus curiae at any time at any stage of 
the proceeding. This right to participate includes, but is not limited 
to, the right to petition for review of a decision of an ALJ, including 
a decision approving or rejecting a settlement agreement between the 
complainant and the respondent, and the right to seek discretionary 
review of a decision of the Administrative Review Board (ARB) from the 
Secretary.
    (2) Parties must send copies of documents to OSHA and to the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, only upon request of OSHA, or when OSHA is participating in 
the proceeding, or when service on OSHA and the Associate Solicitor is 
otherwise required by these rules. Except as otherwise provided in rules 
of practice and/or procedure before the OALJ or the ARB, OSHA and the 
Associate Solicitor for Fair Labor Standards may specify the means, 
including electronic means, for serving them with documents under this 
section.
    (b) The IRS, if interested in a proceeding, may participate as 
amicus curiae at any time in the proceeding, at the IRS's discretion. At 
the request of the IRS, copies of all documents in a case must be sent 
to the IRS, whether or not it is participating in the proceeding.

[[Page 961]]



Sec.  1989.109  Decisions and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.
    (c) Neither OSHA's determination to dismiss a complaint without 
completing an investigation pursuant to Sec.  1989.104(e) nor OSHA's 
determination to proceed with an investigation is subject to review by 
the ALJ, and a complaint may not be remanded for the completion of an 
investigation or for additional findings on the basis that a 
determination to dismiss was made in error. Rather, if there otherwise 
is jurisdiction, the ALJ will hear the case on the merits or dispose of 
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order providing all relief necessary to make 
the complainant whole, including, where appropriate: Reinstatement with 
the same seniority status that the complainant would have had, but for 
the retaliation; the sum of 200 percent of the amount of back pay and 
100 percent of all lost benefits, with interest; and compensation for 
any special damages sustained as a result of the retaliation, including 
litigation costs, expert witness fees, and reasonable attorney fees. 
Interest on back pay will be calculated using the interest rate 
applicable to underpayment of taxes under 26 U.S.C. 6621(a)(2) and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate periods.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint was frivolous or 
was brought in bad faith, the ALJ may award to the respondent a 
reasonable attorney fee, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. OSHA and the Associate 
Solicitor for Fair Labor Standards may specify the means, including 
electronic means, for service of decisions on them under this section. 
Any ALJ's decision requiring reinstatement or lifting an order of 
reinstatement by the Assistant Secretary will be effective immediately 
upon receipt of the decision by the respondent. All other portions of 
the ALJ's order will be effective 30 days after the date of the decision 
unless a timely petition for review has been filed with the 
Administrative Review ARB (ARB), U.S. Department of Labor. The decision 
of the ALJ will become the final order of the Secretary unless a 
petition for review is timely filed with the ARB and the ARB accepts the 
petition for review.



Sec.  1989.110  Decisions and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint was 
frivolous or brought in bad faith who seeks an award of attorney fees, 
must file a written petition for review with the ARB, which has been 
delegated the authority to act for the Secretary and issue decisions 
under this part subject to the Secretary's discretionary review. The 
parties should identify in their petitions for review the legal 
conclusions or orders to which they object, or the objections may be 
deemed waived. A petition must be filed within 30 days of the date of 
the decision of the ALJ. All petitions and documents submitted to the 
ARB must be filed in accordance with 29 CFR part 26. The date of the 
postmark, facsimile transmittal, or electronic transmittal will

[[Page 962]]

be considered to be the date of filing; if the petition is filed in 
person, by hand delivery, or other means, the petition is considered 
filed upon receipt. The petition must be served on all parties and on 
the Chief Administrative Law Judge at the time it is filed with the ARB. 
The petition for review must also be served on the Assistant Secretary 
and on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor. OSHA and the Associate Solicitor for Fair Labor 
Standards may specify the means, including electronic means, for service 
of petitions for review on them under this section.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If a timely petition for review 
is not filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If a timely petition for review 
is not filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 30 days after the 
decision of the ALJ, unless a motion for reconsideration has been filed 
with the ALJ in the interim. In such case, the conclusion of the hearing 
is the date the motion for reconsideration is ruled upon or 30 days 
after a new decision is issued. The ARB's decision will be served upon 
all parties and the Chief Administrative Law Judge. The decision will 
also be served on the Assistant Secretary and on the Associate 
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, 
even if the Assistant Secretary is not a party. OSHA and the Associate 
Solicitor for Fair Labor Standards may specify the means, including 
electronic means, for service of ARB decisions on them under this 
section.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing all relief necessary to make the 
complainant whole. The order will require, where appropriate: 
Reinstatement with the same seniority status that the complainant would 
have had, but for the retaliation; the sum of 200 percent of the amount 
of back pay and 100 percent of all lost benefits, with interest; and 
compensation for any special damages sustained as a result of the 
retaliation, including litigation costs, expert witness fees, and 
reasonable attorney fees. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621(a)(2) and will be compounded daily. The order will also require the 
respondent to submit appropriate documentation to the Social Security 
Administration allocating any back pay award to the appropriate periods. 
Such order is subject to discretionary review by the Secretary (as 
provided in Secretary's Order 01-2020 or any successor to that order).
    (e) If the ARB determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ARB determines that a complaint was frivolous or 
was brought in bad faith, the ARB may award to the respondent a 
reasonable attorney fee, not exceeding $1,000. An order under this 
section is subject to discretionary review by the Secretary (as provided 
in Secretary's Order 01-2020 or any successor to that order).

[87 FR 12583, Mar. 7, 2022, as amended at 88 FR 15273, Mar. 13, 2023]

[[Page 963]]



                   Subpart C_Miscellaneous Provisions



Sec.  1989.111  Withdrawal of complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw the complaint by notifying OSHA, orally or in writing, of the 
withdrawal. OSHA then will confirm in writing the complainant's desire 
to withdraw and determine whether to approve the withdrawal. OSHA will 
notify the parties (or each party's legal counsel if the party is 
represented by counsel) of the approval of any withdrawal. If the 
complaint is withdrawn because of settlement, the settlement must be 
submitted for approval in accordance with paragraph (d) of this section. 
A complainant may not withdraw the complaint after the filing of 
objections to the Assistant Secretary's findings and/or preliminary 
order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1989.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw objections to the Assistant 
Secretary's findings and/or order by filing a written withdrawal with 
the ALJ. If the case is on review with the ARB, a party may withdraw a 
petition for review of an ALJ's decision at any time before that 
decision becomes final by filing a written withdrawal with the ARB. The 
ALJ or the ARB, as the case may be, will determine whether to approve 
the withdrawal of the objections or the petition for review. If the ALJ 
approves a request to withdraw objections to the Assistant Secretary's 
findings and/or order, and there are no other pending objections, the 
Assistant Secretary's findings and/or order will become the final order 
of the Secretary. If the ARB approves a request to withdraw a petition 
for review of an ALJ decision, and there are no other pending petitions 
for review of that decision, the ALJ's decision will become the final 
order of the Secretary. If objections or a petition for review are 
withdrawn because of settlement, the settlement must be submitted for 
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, but before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if 
OSHA, the complainant, and the respondent agree to a settlement. OSHA's 
approval of a settlement reached by the respondent and the complainant 
demonstrates OSHA's consent and achieves the consent of all three 
parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. If the Secretary 
has accepted the case for discretionary review, or directed that the 
case be referred for discretionary review, the settlement must be 
approved by the Secretary. A copy of the settlement will be filed with 
the ALJ or the ARB, as appropriate.
    (e) Any settlement approved by OSHA, the ALJ, the ARB or the 
Secretary will constitute the final order of the Secretary and may be 
enforced in United States district court pursuant to Sec.  1989.113.



Sec.  1989.112  Judicial review.

    (a) Within 60 days after the issuance of a final order for which 
judicial review is available (including a decision issued by the 
Secretary upon discretionary review), any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.

[[Page 964]]

    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of the 
case, including the record of proceedings before the ALJ, will be 
transmitted by the ARB or the ALJ, as the case may be, to the 
appropriate court pursuant to the Federal Rules of Appellate Procedure 
and the local rules of such court.



Sec.  1989.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement or a final order issued under TFA, including one approving 
a settlement agreement, the Secretary may file a civil action seeking 
enforcement of the order in the United States district court for the 
district in which the violation was found to have occurred. Whenever any 
person has failed to comply with a preliminary order of reinstatement or 
a final order issued under TFA, including one approving a settlement 
agreement, a person on whose behalf the order was issued may file a 
civil action seeking enforcement of the order in the appropriate United 
States district court.



Sec.  1989.114  District court jurisdiction of retaliation complaints.

    (a) If the Secretary has not issued a final decision within 180 days 
of the filing of the complaint, and there is no showing that there has 
been delay due to the bad faith of the complainant, the complainant may 
bring an action at law or equity for de novo review in the appropriate 
district court of the United States, which will have jurisdiction over 
such an action without regard to the amount in controversy. Either party 
shall be entitled to a trial by jury.
    (b) A proceeding under paragraph (a) of this section shall be 
governed by the same legal burdens of proof specified in Sec.  1989.109.
    (c) Within seven days after filing a complaint in federal court, a 
complainant must file with OSHA, the ALJ, or the ARB, depending on where 
the proceeding is pending, a copy of the file-stamped complaint. A copy 
of the complaint also must be served on the OSHA official who issued the 
findings and/or preliminary order, the Assistant Secretary, and the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor.



Sec.  1989.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of these 
rules, or for good cause shown, the ALJ or the ARB on review may, upon 
application, and after three days' notice to all parties, waive any rule 
or issue such orders that justice or the administration of TFA requires.



PART 1990_IDENTIFICATION, CLASSIFICATION, AND REGULATION 
OF POTENTIAL OCCUPATIONAL CARCINOGENS--Table of Contents



                                 General

Sec.
1990.101 Scope.
1990.102 Purpose.
1990.103 Definitions.
1990.104 Scientific review panel.
1990.105 Advisory committees.
1990.106 Amendments to this policy.

                         The OSHA Cancer Policy

1990.111 General statement of regulatory policy.
1990.112 Classification of potential carcinogens.

                            Priority Setting

1990.121 Candidate list of potential occupational carcinogens.
1990.122 Response to petitions.
1990.131 Priority lists for regulating potential occupational 
          carcinogens.
1990.132 Factors to be considered.
1990.133 Publication.

            Regulation of Potential Occupational Carcinogens

1990.141 Advance notice of proposed rulemaking.
1990.142 Initiation of a rulemaking.
1990.143 General provisions for the use of human and animal data.
1990.144 Criteria for consideration of arguments on certain issues.
1990.145 Consideration of substantial new issues or substantial new 
          evidence.
1990.146 Issues to be considered in the rulemaking.
1990.147 Final action.

[[Page 965]]

                             Model Standards

1990.151 Model standard pursuant to section 6(b) of the Act.
1990.152 Model emergency temporary standard pursuant to section 6(c) of 
          the Act.

    Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 
(29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 8-76 (41 FR 
25059); and 29 CFR part 1911.

    Source: 45 FR 5282, Jan. 22, 1980, unless otherwise noted.

                                 General



Sec.  1990.101  Scope.

    This part establishes criteria and procedures for the 
identification, classification, and regulation of potential occupational 
carcinogens found in each workplace in the United States regulated by 
the Occupational Safety and Health Act of 1970 (the Act). The procedures 
contained in this part supplement the procedural regulations in other 
parts of this chapter. In the event of a conflict, the procedures 
contained in this part shall govern the identification, classification, 
and regulation of potential occupational carcinogens. This part may be 
referred to as ``The OSHA Cancer Policy.''



Sec.  1990.102  Purpose.

    The Act provides, among other things, that

the Secretary, in promulgating standards dealing with toxic materials or 
harmful physical agents under this section, shall set the standard which 
most adequately assures, to the extent feasible, on the basis of the 
best available evidence, that no employee will suffer material 
impairment of health or functional capacity even if such employee has 
regular exposure to the hazard dealt with by such standard for the 
period of his or her working life. Development of standards under this 
section shall be based upon research, demonstrations, experiments, and 
such other information as may be appropriate. In addition to the 
attainment of the highest degree of health and safety protection for the 
employee, other considerations shall be the latest available scientific 
data in the field, the feasibility of the standards, and experience 
gained under this and other health and safety laws. Whenever 
practicable, the standard promulgated shall be expressed in terms of 
objective criteria and of the performance desired (section 6(b)(5)).


It is the purpose of the regulations of this part to carry out the 
intent of the Act with respect to the identification, classification, 
and regulation of potential occupational carcinogens.



Sec.  1990.103  Definitions.

    Terms used in this part shall have the meanings set forth in the 
Act. In addition, as used in this part, the following terms shall have 
the meanings set forth below:
    Act means the Occupational Safety and Health Act of 1970 (Pub. L. 
91-596, 84 Stat. 1590 et seq., 29 U.S.C. 551 et seq.).
    Administrator of EPA means the Administrator of the United States 
Environmental Protection Agency, or designee.
    Chairperson of CPSC means the Chairman of the United States Consumer 
Product Safety Commission, or designee.
    Commissioner of FDA means the Commissioner of the Food and Drug 
Administration, United States Department of Health and Human Services, 
or designee.
    Director of NCI means the Director of the National Cancer Institute, 
United States Department of Health and Human Services, or designee.
    Director of NIEHS means the Director of the National Institute of 
Environmental Health Sciences, United States Department of Health and 
Human Services, or designee.
    Director of NIOSH means the Director of the National Institute for 
Occupational Safety and Health, United States Department of Health and 
Human Services, or designee.
    Mutagenesis means the induction of heritable changes in the genetic 
material of either somatic or germinal cells.
    Positive results in short-term tests means positive results in 
assays for two or more of the following types of effect:
    (1) The induction of DNA damage and/or repair;
    (2) Mutagenesis in bacteria, yeast, Neurospora or Drosophila 
melanogaster;
    (3) Mutagenesis in mammalian somatic cells;
    (4) Mutagenesis in mammalian germinal cells; or
    (5) Neoplastic transformation of mammalian cells in culture.

[[Page 966]]

    Potential occupational carcinogen means any substance, or 
combination or mixture of substances, which causes an increased 
incidence of benign and/or malignant neoplasms, or a substantial 
decrease in the latency period between exposure and onset of neoplasms 
in humans or in one or more experimental mammalian species as the result 
of any oral, respiratory or dermal exposure, or any other exposure which 
results in the induction of tumors at a site other than the site of 
administration. This definition also includes any substance which is 
metabolized into one or more potential occupational carcinogens by 
mammals.
    Secretary of HHS means the Secretary of the United States Department 
of Health and Human Services, or designee.



Sec.  1990.104  Scientific review panel.

    (a) General. At any time, the Secretary may request the Director of 
NCI, the Director of NIEHS and/or the Director of NIOSH to convene a 
scientific review panel (``the panel'') to provide recommendations to 
the Secretary in the identification, classification, or regulation of 
any potential occupational carcinogen.
    (b) Membership. The panel will consist of individuals chosen by the 
respective Director(s). The panel will consist of individuals who are 
appropriately qualified in the disciplines relevant to the issues to be 
considered, and who are employed by the United States. The panel does 
not constitute an advisory committee within the meaning of section 6(b) 
or 7(b) of the Act, or the Federal Advisory Committee Act (Pub. L. 92-
463, 86 Stat. 770).
    (c) Report. The Secretary shall request that the panel submit a 
report of its evaluation within ninety (90) days after the appointment 
of the members of the panel. The Secretary shall place a copy of the 
report in the record of any relevant rulemaking undertaken pursuant to 
this part and allow an appropriate time for public review and comment. 
If a panel is not established or fails to file a timely report, or if 
the Secretary determines that it is necessary to proceed without waiting 
for the panel's report, the Secretary may proceed in making any 
determination without such report.
    (d) Other aid and assistance. Nothing herein precludes the Secretary 
from obtaining advice or other aid from any person or organization 
including NCI, NIEHS, and NIOSH.



Sec.  1990.105  Advisory committees.

    The Secretary may appoint an Advisory Committee, pursuant to 
sections 6(b) and 7 of the Act, and 29 CFR part 1912, concerning any 
potential occupational carcinogen. The Secretary shall require the 
Advisory Committee to submit its recommendations to assist the Secretary 
in standard setting no later than ninety (90) days from the date of the 
Advisory Committee's appointment, unless extended by the Secretary for 
exceptional circumstances. If an Advisory Committee fails to file a 
timely report, the Secretary may proceed in standard setting activities 
without such a report.



Sec.  1990.106  Amendments to this policy.

    (a) Initiation of review of this policy--(1) Secretary's request. No 
later than every three (3) years from the effective date of this part, 
or from the last general review, the Secretary shall request the 
Director of NCI, the Director of NIEHS and/or the Director of NIOSH, to 
review this part and render their opinions on whether significant 
scientific or technical advances made since the effective date of this 
part warrant any amendment to this part. The request shall ask that the 
answer be provided to the Secretary within one hundred twenty (120) 
days.
    (2) Recommendations by the institutes. At any time, the Director of 
NCI, the Director of NIEHS and/or the Director of NIOSH may submit 
recommendations to the Secretary for amendments to this part whenever 
any of them believes that scientific or technical advances justify such 
amendments.
    (3) Petitions from the public. (i) Any interested person may 
petition the Secretary concerning amendments to this part based upon 
substantial new issues or substantial new evidence.
    (ii) For the purposes of this part, substantial new evidence is 
evidence which differs significantly from that

[[Page 967]]

presented in establishing this part, including amendments.
    (iii) For the purposes of this part, substantial new issues are 
issues which differ significantly from those upon which the Secretary 
has reached a conclusion in the rulemaking establishing this part 
(including the conclusions reached in the preamble).
    (iv) Each petition to amend this part shall contain at least the 
following information:
    (A) Name and address of petitioner;
    (B) The provisions which the petitioner believes are inappropriate;
    (C) All data, views and arguments relied upon by the petitioner; and
    (D) A detailed statement and analysis as to why the petitioner 
believes that the data, views and arguments presented by petitioner:
    (1) Constitute substantial new issues or substantial new evidence; 
and
    (2) Are so significant as to warrant amendment of this part.
    (b) Response to recommendations and petitions--(1) By the 
institutes. Whenever any Director recommends an amendment to this part, 
the Secretary shall, within one hundred twenty (120) days after receipt 
of the recommendation, publish in the Federal Register, a notice which:
    (i) States the reasons why the Secretary has determined not to 
commence a rulemaking proceeding to amend this part, in whole or in 
part, at that time; or
    (ii) Commences a rulemaking proceeding to consider amending this 
part accordingly; or
    (iii) Appoints an Advisory Committee as provided for by Sec.  
1990.105 of this part and sections 6(b) and 7 of the Act.
    (2) By the public. Within ninety (90) days, or as soon thereafter as 
possible, after receipt of a petition pursuant to Sec.  1990.106(a)(3), 
the Secretary shall:
    (i) Refer the petition to the Director of NCI, the Director of NIEHS 
and/or the Director of NIOSH, in which case the provisions of Sec.  
1990.106 (a)(1) and (b)(1) are applicable; or
    (ii) Appoint an advisory committee;
    (iii) Deny the petition, briefly giving the reasons therefor; or
    (iv) Commence a rulemaking proceeding to consider amending this part 
accordingly.
    (3) On the Secretary's motion. At any time, the Secretary may, on 
his own motion, commence a rulemaking proceeding to amend this part.

[45 FR 5282, Jan. 22, 1980; 45 FR 43405, June 27, 1980]

                         The OSHA Cancer Policy



Sec.  1990.111  General statement of regulatory policy.

    (a) This part establishes the criteria and procedures under which 
substances will be regulated by OSHA as potential occupational 
carcinogens. Although the conclusive identification of ``carcinogens'' 
is a complex matter ``on the frontiers of science,'' (IUD v. Hodgson 499 
F. 2d 467, 474 (D.C. Cir. 1974)), responsible health regulatory policy 
requires that criteria should be specified for the identification of 
substances which should be regulated as posing potential cancer risks to 
workers.
    (b) The criteria established by this part are based on an extensive 
review of scientific data and opinions. The part provides for amending 
these criteria in light of new scientific developments. Decisions as to 
whether any particular substance meets the criteria or not will be 
consistent with the policies and procedures established by this part and 
will be based upon scientific evaluation of the evidence on that 
substance.
    (c) This part applies to individual substances, groups of 
substances, or combinations or mixtures of substances which may be found 
in workplaces in the United States. In individual rulemaking proceedings 
under this part, the identity and range of substances and mixtures to be 
covered by the standard will be specified and the appropriateness of 
applying the available evidence to the range of substances and mixtures 
proposed for regulation will be subject to scientific and policy review.
    (d) Potential occupational carcinogens will be identified and 
classified on the basis of human epidemiological studies and/or 
experimental carcinogenesis bioassays in mammals. Positive results in 
short term tests will also be used as concordant evidence.
    (e) Potential occupational carcinogens will be classified and 
regulated in

[[Page 968]]

accordance with the policy. The scientific evidence as to whether 
individual substances meet these criteria will be considered in 
individual rulemakings. The issues which may be considered in these 
rulemakings will be limited as specified herein.
    (f) This policy provides for the classification of potential 
occupational carcinogens into two categories depending on the nature and 
extent of the available scientific evidence. The two categories of 
potential occupational carcinogens may be regulated differently.
    (g) The policy establishes a procedure for setting priorities and 
making them public.
    (h) Worker exposure to Category I Potential Carcinogens will be 
reduced primarily through the use of engineering and work practice 
controls.
    (i) Worker exposure to Category II Potential Carcinogens will be 
reduced as appropriate and consistent with the statutory requirements on 
a case-by-case basis in the rulemaking proceedings on individual 
substances. Any permissible exposure level so established shall be met 
primarily through engineering and work practice controls.
    (j) The assessment of cancer risk to workers resulting from exposure 
to a potential occupational carcinogen will be made on the basis of 
available data. Because of the uncertainties and serious consequences to 
workers if the estimated risk is understated, cautious and prudent 
assumptions will be utilized to perform risk assessments.
    (k) Where the Secretary determines that one or more suitable 
substitutes exist for certain uses of Category I Potential Carcinogens 
that are less hazardous to humans, a no occupational exposure level 
shall be set for those uses, to be achieved solely through the use of 
engineering and work practice controls to encourage substitution. In 
determining whether a substitute is suitable, the Secretary will 
consider the technological and economic feasibility of the introduction 
of the substitute, including its relative effectiveness and other 
relevant factors, such as regulatory requirements and the time needed 
for an orderly transition to the substitute.

[45 FR 5282, Jan. 22, 1980, as amended at 46 FR 5881, Jan. 21, 1981]



Sec.  1990.112  Classification of potential carcinogens.

    The following criteria for identification, classification and 
regulation of potential occupational carcinogens will be applied, unless 
the Secretary considers evidence under the provisions of Sec. Sec.  
1990.143, 1990.144 and 1990.145 and determines that such evidence 
warrants an exception to these criteria.
    (a) Category I Potential Carcinogens. A substance shall be 
identified, classified, and regulated as a Category I Potential 
Carcinogen if, upon scientific evaluation, the Secretary determines that 
the substance meets the definition of a potential occupational 
carcinogen in (1) humans, or (2) in a single mammalian species in a 
long-term bioassay where the results are in concordance with some other 
scientifically evaluated evidence of a potential carcinogenic hazard, or 
(3) in a single mammalian species in an adequately conducted long-term 
bioassay, in appropriate circumstances where the Secretary determines 
the requirement for concordance is not necessary. Evidence of 
concordance is any of the following: positive results from independent 
testing in the same or other species, positive results in short-term 
tests, or induction of tumors at injection or implantation sites.
    (b) Category II Potential Carcinogens. A substance shall be 
identified, classified, and regulated as a Category II Potential 
Carcinogen if, upon scientific evaluation, the Secretary determines 
that:
    (1) The substance meets the criteria set forth in Sec.  1990.112(a), 
but the evidence is found by the Secretary to be only ``suggestive''; or
    (2) The substance meets the criteria set forth in Sec.  1990.112(a) 
in a single mammalian species without evidence of concordance.

[[Page 969]]

                            Priority Setting



Sec.  1990.121  Candidate list of potential occupational carcinogens.

    (a) Contents. The Secretary shall prepare a list of substances (the 
``Candidate List'') which are reported to be present in any American 
workplace and which, on the basis of a brief scientific review of 
available data, may be considered candidates for further scientific 
review and possible regulation as Category I Potential Carcinogens or 
Category II Potential Carcinogens. For the purposes of this paragraph, 
``available data'' means:
    (1) The data submitted by any person;
    (2) Any data referred to by the Secretary of HHS or by the Director 
of NIOSH, either in the latest list entitled ``Suspected Carcinogens'' 
or any other communication;
    (3) Literature referred to in U.S. Public Health Service, 
Publication No. 149;
    (4) Data summarized and reviewed in Monographs of the International 
Agency for Research on Cancer (IARC) of the World Health Organization;
    (5) The Toxic Substances Control Act Inventory of Chemical 
Substances, published by the Administrator of EPA;
    (6) The Secretary of HHS's Annual Report to the President and the 
Congress as required by the Community Mental Health Centers Extension 
Act of 1978, section 404(a)(9), 42 U.S.C. 285.
    (7) Any other relevant data of which the Secretary has actual 
knowledge.
    (b) Tentative classification. The Secretary may tentatively 
designate substances on the Candidate List as candidates for 
classification as Category I Potential Carcinogens or as Category II 
Potential Carcinogens, or may list substances without a tentative 
designation, based on the brief scientific review of available data for 
the purpose of initiating a more extensive scientific review.
    (c) No legal rights established. The inclusion or exclusion of any 
substance from the Candidate List shall not be subject to judicial 
review nor be the basis of any legal action, nor shall the exclusion of 
any substance from the list prevent the regulation of that substance as 
a potential occupational carcinogen. The inclusion of a substance on the 
Candidate List and its possible tentative designation as a Category I 
Potential Carcinogen or a Category II Potential Carcinogen therein do 
not reflect a final scientific determination that the substance is, in 
fact, a Category I Potential Carcinogen or a Category II Potential 
Carcinogen. It is a policy determination based on the brief scientific 
review that the Secretary should conduct a thorough review of all 
relevant scientific data concerning the substance.

    Effective Date Note: At 48 FR 243, Jan. 4, 1983, in Sec.  1990.121, 
paragraphs (a) and (b) were stayed in order to evaluate the impact of 
publishing the Candidate Lists and Priority List and to reconsider the 
criteria used in establishing the lists (see also 47 FR 187, Jan. 5, 
1982).



Sec.  1990.122  Response to petitions.

    Whenever the Secretary receives any information submitted in writing 
by any interested person concerning the inclusion or omission of any 
substance from the Candidate List, the Secretary shall briefly review 
the information and any other available data, as defined in Sec.  
1990.121(a). The results of the Secretary's review shall be transmitted 
to the petitioner, together with a short statement of the Secretary's 
reasons therefor, and made public upon request.

    Effective Date Note: At 48 FR 243, Jan. 4, 1983, Sec.  1990.122 was 
stayed in order to evaluate the impact of publishing the Candidate List 
and Priority Lists and to reconsider the criteria used in establishing 
the lists (see also 47 FR 187, Jan. 5, 1982).



Sec.  1990.131  Priority lists for regulating potential occupational 
carcinogens.

    The Secretary shall establish two priority lists for regulating 
potential occupational carcinogens. One list should include 
approximately ten (10) candidates for rulemaking as Category I Potential 
Carcinogens; the other approximately ten (10) candidates for rulemaking 
as Category II Potential Carcinogens. The order of placement of 
substances on these lists will not reflect the Secretary's determination 
of the exact order in which these substances should be regulated in 
rulemaking proceedings but rather a policy

[[Page 970]]

determination that the Secretary plans to address some or all of these 
substances prior to proceeding with a thorough scientific review of data 
concerning other substances on the Candidate List. The inclusion or 
exclusion of any substance on these lists shall not be subject to 
judicial review or be the basis for any legal action. The Secretary may 
regulate a potential occupational carcinogen which has not been placed 
on these lists. The inclusion of a substance on either of these lists 
does not reflect a final scientific determination that the substance is, 
in fact, a Category I Potential Carcinogen or a Category II Potential 
Carcinogen.

    Effective Date Note: At 48 FR 243, Jan. 4, 1983, Sec.  1990.131 was 
stayed in order to evaluate the impact of publishing the Candidate List 
and Priority Lists and to reconsider the criteria used in establishing 
the lists (see also 47 FR 187, Jan. 5, 1982).



Sec.  1990.132  Factors to be considered.

    (a) The setting of priorities is a complex matter which requires 
subjective and policy judgments. It is not appropriate to establish a 
rigid formula or to assign predetermined weight to each factor. The 
identification of some of the elements is to guide the OSHA staff and 
inform the public on the development of priorities. It is not intended 
to create any legal rights with respect to the setting of priorities.
    (b) Some factors which may be taken into account in setting 
priorities for regulating potential occupational carcinogens, when such 
data are available, are:
    (1) The estimated number of workers exposed;
    (2) The estimated levels of human exposure;
    (3) The levels of exposure to the substance which have been reported 
to cause an increased incidence of neoplasms in exposed humans, animals 
or both;
    (4) The extent to which regulatory action could reduce not only 
risks of contracting cancer but also other occupational and 
environmental health hazards;
    (5) Whether the molecular structure of the substance is similar to 
the molecular structure of another substance which meets the definition 
of a potential occupational carcinogen;
    (6) Whether there are substitutes that pose a lower risk of cancer 
or other serious human health problems, or available evidence otherwise 
suggests that the social and economic costs of regulation would be 
small; and
    (7) OSHA will also consider its responsibilities for dealing with 
other health and safety hazards and will consider the actions being 
taken or planned by other governmental agencies in dealing with the same 
or similar health and safety hazards.



Sec.  1990.133  Publication.

    (a) The Secretary shall publish the Candidate List in the Federal 
Register at least annually.
    (b) The Secretary shall publish the Priority Lists in the Federal 
Register at least every six months and may seek public comment thereon.
    (c) The Secretary may periodically publish in the Federal Register a 
notice requesting information concerning the classification and 
establishment of priorities for substances on the Candidate List 
together with a brief statement describing the type of information being 
sought.

    Effective Date Note: At 48 FR 243, Jan. 4, 1983, Sec.  1990.133 was 
stayed in order to evaluate the impact of publishing the Candidate List 
and Priority Lists and to reconsider the criteria used in establishing 
the lists (see also 47 FR 187, Jan. 5, 1982).

            Regulation of Potential Occupational Carcinogens



Sec.  1990.141  Advance notice of proposed rulemaking.

    (a) Within thirty (30) days after OSHA initiates a study concerning 
the economic and/or technological feasibility of specific standards that 
might be applied in the regulation of a potential occupational 
carcinogen, the Secretary will normally publish, in the Federal 
Register, a notice which includes at least the following:
    (1) The name of the substance(s),
    (2) The scope of the study, including where possible,
    (i) Affected industries,
    (ii) Levels of exposure being studied,
    (iii) The anticipated completion date of the study;

[[Page 971]]

    (3) A brief summary of the available data on health effects;
    (4) An estimate of when the Secretary anticipates the issuance of a 
proposal;
    (5) An invitation to interested parties to provide relevant 
information;
    (6) A statement that persons wishing to provide OSHA with their own 
study should complete it within 30 days after the anticipated proposal 
date; and
    (7) A statement of the procedural requirements that must be met 
before substantial new issues or substantial new evidence will be 
considered in the proceeding pursuant to Sec.  1990.145.
    (b) Where the Secretary determines to discontinue a feasibility 
study, the Secretary should publish, within 30 days, a notice in the 
Federal Register so indicating.



Sec.  1990.142  Initiation of a rulemaking.

    Where the Secretary decides to regulate a potential occupational 
carcinogen, the Secretary shall initiate a rulemaking proceeding in 
accordance with one of the following procedures, as appropriate.
    (a) Notice of proposed rulemakings (section 6(b) of the Act)--(1) 
General. The Secretary may issue a notice of proposed rulemaking in the 
Federal Register, pursuant to section 6(b) of the Act and part 1911 of 
this chapter. The notice shall provide for no more than a sixty (60) day 
comment period, and may provide for a hearing, which shall be scheduled 
for no later than one hundred (100) days after publication of the Notice 
of Proposed Rulemaking. The commencement of the hearing may be postponed 
once, for no more than thirty (30) days, for good cause shown.
    (2) Provisions of the proposed standard for Category I Potential 
Carcinogens. Whenever the Secretary issues a notice of proposed 
rulemaking to regulate a substance as a Category I Potential Carcinogen:
    (i) The proposed standard shall contain at least provisions for 
scope and application, definitions, notification of use, a permissible 
exposure limit, monitoring, regulated areas, methods of compliance 
including the development of a compliance plan, respiratory protection, 
protective clothing and equipment, housekeeping, waste disposal, hygiene 
facilities, medical surveillance, employee information and training, 
signs and labels, recordkeeping, and employee observation of monitoring 
as set forth in Sec.  1990.151, unless the Secretary explains why any or 
all such provisions are not appropriate;
    (ii) The model standard set forth in Sec.  1990.151 shall be used as 
a guideline, and
    (iii) The permissible exposure limit shall be achieved primarily 
through engineering and work practice controls except that if a suitable 
substitute is available for one or more uses no occupational exposure 
shall be permitted for those uses.
    (3) Provisions of the proposed standard for Category II Potential 
Carcinogens. Whenever the Secretary issues a Notice of Proposed 
Rulemaking to regulate a substance as a Category II Potential 
Carcinogen:
    (i) The proposed standard shall contain at least provisions for 
scope and application, definitions, notification of use, monitoring, 
respiratory protection, protective clothing and equipment, housekeeping, 
waste disposal, medical surveillance, employee information and training, 
recordkeeping and employee observation of monitoring as set forth in 
Sec.  1990.151, unless the Secretary explains why any or all such 
provisions are not appropriate; and
    (ii) The model standard set forth in Sec.  1990.151 shall be used as 
a guideline; and
    (iii) Worker exposure to Category II Potential Carcinogens will be 
reduced as appropriate and consistent with the statutory requirements on 
a case-by-case basis in the individual rulemaking proceedings. Any 
permissible exposure level so established shall be met primarily through 
engineering and work practice controls.
    (b) Emergency temporary standards (section 6(c) of the Act)--(1) 
General. The Secretary may issue an Emergency Temporary Standard (ETS) 
for a Category I Potential Carcinogen in accordance with section 6(c) of 
the Act.
    (2) Provisions of the ETS. (i) The ETS shall contain at least 
provisions for scope and application, definitions, notification of use, 
a permissible exposure limit, monitoring, methods of

[[Page 972]]

compliance including the development of a compliance plan, respiratory 
protection, protective clothing and equipment, housekeeping, waste 
disposal, medical surveillance, employee information and training, signs 
and labels, recordkeeping and employee observation of monitoring, unless 
the Secretary explains why any or all such provisions are not 
appropriate.
    (ii) The model standard set forth in Sec.  1990.152 shall be used as 
a guideline.
    (iii) The permissible exposure limit shall be achieved through any 
practicable combination of engineering controls, work practice controls 
and respiratory protection.

[45 FR 5282, Jan. 22, 1980, as amended at 46 FR 5881, Jan. 21, 1981]



Sec.  1990.143  General provisions for the use of human and animal data.

    Human and animal data which are scientifically evaluated to be 
positive evidence for carcinogenicity including the following policies 
shall be uniformly relied upon for the identification of potential 
occupational carcinogens. Arguments challenging the following provisions 
or their application to specific substances will be considered in 
individual rulemaking proceedings only if the evidence presented in 
support of the arguments meets the criteria for consideration specified 
in Sec.  1990.144 or Sec.  1990.145.
    (a) Positive human studies. Positive results obtained in one or more 
human epidemiologic studies will be used to establish the qualitative 
inference of carcinogenic hazards to workers.
    (b) Positive animal studies. Positive results obtained in one or 
more experimental studies conducted in one or more mammalian species 
will be used to establish the qualitative inference of carcinogenic 
hazard to workers. Arguments that positive results obtained in mammalian 
species should not be relied upon will be considered only if evidence is 
presented which meets the criteria for consideration specified in Sec.  
1990.144(c) or 1990.144(f).
    (c) Non-positive human studies. Positive results in human or 
mammalian studies generally will be used for the qualitative 
identification of potential occupational carcinogens, even where non-
positive results from human studies exist. Such non-positive results 
will be considered by the Secretary only if the studies or results meet 
the criteria set forth in Sec.  1990.144(a).
    (d) Non-positive animal studies. Positive results in one or more 
mammalian studies will be used for the qualitative identification of 
potential occupational carcinogens, even where non-positive studies 
exist in other mammalian species. Where non-positive and positive 
results exist in studies in the same species, the non-positive results 
will be evaluated.
    (e) Spontaneous tumors. Positive results in human or mammalian 
studies for the induction or acceleration of induction of tumors of a 
type which occurs ``spontaneously'' in unexposed individuals will be 
used for the qualitative identification of potential occupational 
carcinogens.
    (f) Routes of exposure. (1) Positive results in studies in which 
mammals are exposed via the oral, respiratory or dermal routes will be 
used for the qualitative identification of potential occupational 
carcinogens, whether tumors are induced at the site of application or 
distant sites.
    (2) Positive results in studies in which mammals are exposed via any 
route of exposure and in which tumors are induced at sites distant from 
the site of administration will be used for the qualitative 
identification of potential occupational carcinogens.
    (3)(i) Positive results in mammalian studies in which tumors are 
induced only at the site of administration, in which a substance or 
mixture of substances is administered by routes other than oral, 
respiratory or dermal, will be used as ``concordant'' evidence that a 
substance is a potential occupational carcinogen.
    (ii) Arguments that such studies should not be relied upon will be 
considered only if evidence which meets the criteria set forth in Sec.  
1990.144(b) is provided.
    (g) Use of high doses in animal testing. Positive results for 
carcinogenicity obtained in mammals exposed to high doses of a substance 
will be used to establish the qualitative inference of carcinogenic 
hazard to workers. Arguments that such studies should not be relied upon 
will be considered only if

[[Page 973]]

evidence which meets the criteria set forth in Sec.  1990.144(d) is 
provided.
    (h) ``Threshold'' or ``No-effect'' Levels. No determination will be 
made that a ``threshold'' or ``no-effect'' level of exposure can be 
established for a human population exposed to carcinogens in general, or 
to any specific substance.
    (i) Benign tumors. Results based on the induction of benign or 
malignant tumors, or both, will be used to establish a qualitative 
inference of carcinogenic hazard to workers. Arguments that substances 
that induce benign tumors do not present a carcinogenic risk to workers 
will be considered only if evidence that meets the criteria set forth in 
Sec.  1990.144(e) is provided.
    (j) Statistical evaluation. Statistical evaluation will be used in 
the determination of whether results in human, animal or short-term 
studies provide positive evidence for carcinogenicity, but will not be 
the exclusive means for such evaluation.
    (k) Carcinogenicity of metabolites. A substance which is metabolized 
by mammals to yield one or more potential occupational carcinogens will 
itself be identified and classified as a potential occupational 
carcinogen, whether or not there is direct evidence that it induces 
tumors in humans or experimental animals. Evidence for such metabolism 
will normally be derived from in vivo studies in mammals. In appropriate 
circumstances, evidence may be derived from in vitro studies of 
mammalian tissues or fractions thereof. Arguments that evidence from in 
vivo metabolic studies in mammals is not relevant to the inference of 
carcinogenic hazard to humans will be considered only if such evidence 
meets the criteria set forth in Sec.  1990.144(c).

[45 FR 5282, Jan. 22, 1980; 45 FR 43405, June 27, 1980]



Sec.  1990.144  Criteria for consideration of arguments on certain issues.

    Arguments on the following issues will be considered by the 
Secretary in identifying or classifying any substance pursuant to this 
part, if evidence for the specific substance subject to the rulemaking 
conforms to the following criteria. Such arguments and evidence will be 
evaluated based upon scientific and policy judgments.
    (a) Non-positive results obtained in human epidemiologic studies. 
Non-positive results obtained in human epidemiologic studies regarding 
the substance subject to the rulemaking or to a similar or closely 
related substance will be considered by the Secretary only if they meet 
the following criteria:

    Criteria. (i) The epidemiologic study involved at least 20 years' 
exposure of a group of subjects to the substance and at least 30 years' 
observation of the subjects after initial exposure;
    (ii) Documented reasons are provided for predicting the site(s) at 
which the substance would induce cancer if it were carcinogenic in 
humans; and
    (iii) The group of exposed subjects was large enough for an increase 
in cancer incidence of 50% above that in unexposed controls to have been 
detected at any of the predicted sites.


Arguments that non-positive results obtained in human epidemiologic 
studies should be used to establish numerical upper limits on potential 
risks to humans exposed to specific levels of a substance will be 
considered only if criteria (i) and (ii) are met and, in addition:

    (iv) Specific data on the level of exposure of the group of workers 
are provided, based either on direct measurements made periodically 
throughout the period of exposure, or upon other data which provide 
reliable evidence of the magnitude of exposure.

    (b) Tumors induced at site of administration. Arguments that tumors 
at the site of administration should not be considered will be 
considered only if:

    (i) The route of administration is not oral, respiratory or dermal; 
and
    (ii) Evidence is provided which establishes that induction of local 
tumors is related to the physical configuration or formulation of the 
material administered (e.g., crystalline form or dimensions of a solid 
material, or matrix of an impregnated implant) and that tumors are not 
induced when the same material is administered in a different 
configuration or formula.

    (c) Metabolic differences. Arguments that differences in metabolic 
profiles can be used to demonstrate that a chemical found positive in an 
experimental study in a mammalian species would pose no potential 
carcinogenic

[[Page 974]]

risk to exposed workers will be considered by the Secretary only if the 
evidence presented for the specific substance subject to the rulemaking 
meets the following criteria:

    Criteria. (i) A complete metabolic profile, including identities of 
trace metabolites, is presented for the experimental animal species;
    (ii) A complete metabolic profile, including identities of trace 
metabolites, is available for a human population group representative of 
those who are occupationally exposed;
    (iii) Documented evidence is provided for ascribing the carcinogenic 
activity of the substance in the test animal species to metabolite(s) 
produced only in that species and not in humans; and
    (iv) Documented evidence is provided to show that other metabolites 
produced also in humans have been adequately tested and have not been 
shown to be carcinogenic.

    (d) Use of high doses in animal testing. Arguments that positive 
results obtained in carcinogenesis bioassays with experimental animals 
subjected to high doses of a substance are not relevant to potential 
carcinogenic risks to exposed workers will be considered by the 
Secretary only if the evidence for the specific substance subject to the 
rulemaking meets the following criteria:

    Criteria. (i) Documented evidence is presented to show that the 
substance in question is metabolized by the experimental animal species 
exposed at the dose levels used in the bioassay(s) to metabolic products 
which include one or more that are not produced in the same species at 
lower doses.
    (ii) Documented evidence is presented to show that the metabolite(s) 
produced only at high doses in the experimental animal species are the 
ultimate carcinogen(s) and that the metabolites produced at low doses 
are not also carcinogenic; and
    (iii) Documented evidence is presented to show that the 
metabolite(s) produced only at high doses in the experimental animal 
species are not produced in humans exposed to low doses.

    (e) Benign tumors. The Secretary will consider evidence that the 
substance subject to the rulemaking proceeding is capable only of 
inducing benign tumors in humans or experimental animals provided that 
the evidence for the specific substance meets the following criteria:

    Criteria. (i) Data are available from at least two well-conducted 
bioassays in each of two species of mammals (or from equivalent evidence 
in more than two species);
    (ii) Each of the bioassays to be considered has been conducted for 
the full lifetime of the experimental animals;
    (iii) The relevant tissue slides are made available to OSHA or its 
designee and the diagnoses of the tumors as benign are made by at least 
one qualified pathologist who has personally examined each of the slides 
and who provides specific diagnostic criteria and descriptions; and
    (iv) All of the induced tumors must be shown to belong to a type 
which is known not to progress to malignancy or to be at a benign stage 
when observed. In the latter case, data must be presented to show that 
multiple sections of the affected organ(s) were adequately examined to 
search for invasion of the tumor cells into adjacent tissue, and that 
multiple sections of other organs were adequately examined to search for 
tumor metastases.

    (f) Indirect mechanisms. The Secretary will consider evidence that 
positive results obtained in a carcinogenesis bioassay with experimental 
animals are not relevant to a determination of a carcinogenic risk to 
exposed workers, if the evidence demonstrates that the mechanism by 
which the observed tumor incidence is effected is indirect and would not 
occur if humans were exposed. As examples, evidence will be considered 
that a substance causes a carcinogenic effect by augmenting caloric 
intake or that the carcinogenic effect from exposure to a substance is 
demonstrated to be the result of the presence of a carcinogenic virus 
and it is demonstrated that, in either case, the effect would not take 
place in the absence of the particular carcinogenic virus or the 
augmented caloric intake.

[45 FR 5282, Jan. 22, 1980, as amended at 46 FR 5881, Jan. 21, 1981]



Sec.  1990.145  Consideration of substantial new issues or substantial 
new evidence.

    (a) Substantial new issues. Notwithstanding any other provision of 
this part, the Secretary will consider in a rulemaking proceeding on a 
specific substance any substantial new issues upon which the Secretary 
did not reach a conclusion in the rulemaking proceeding(s) underlying 
this part including conclusions presented in the preamble.

[[Page 975]]

    (b) Substantial new evidence. Notwithstanding any other provision of 
this part, the Secretary will consider in a rulemaking proceeding on a 
specific substance any arguments, data or views which he determines are 
based upon substantial new evidence which may warrant the amendment of 
one or more provisions of this part. For the purposes of this part, 
``substantial new evidence'' is evidence directly relevant to any 
provision of this part and is based upon data, views or arguments which 
differ significantly from those presented in establishing this part, 
including amendments thereto.
    (c) Petitions for consideration of substantial new evidence--(1) 
Petition. Any interested person may file a written petition with the 
Secretary to consider ``substantial new evidence'' or one or more 
``substantial new issues'' which contains the information specified in 
paragraph (c)(2) of this section. The Secretary shall treat such a 
petition as a request to amend this part, as well as a petition to 
consider ``substantial new evidence''.
    (2) Contents. Each petition for consideration of ``substantial new 
evidence'' or one or more ``substantial new issues'' shall contain at 
least the following information:
    (i) Name and address of the petitioner;
    (ii) All of the data, views and arguments that the petitioner would 
like the Secretary to consider;
    (iii) The provision or provisions that petitioner believes are 
inappropriate or should be added to this part in light of the new data, 
views, and arguments;
    (iv) A statement which demonstrates that the data, views, and 
arguments relied upon by petitioners are directly relevant to the 
substance or class of substances that is the subject of a rulemaking or 
an Advance Notice of Proposed Rulemaking;
    (v) A detailed statement and analysis as to why the petitioner 
believes that the data, views, and arguments presented by the 
petitioner:
    (A) Differ significantly from those presented in the proceeding(s) 
which establish this part;
    (B) Are so substantial as to warrant amendment of this part; and
    (C) Constitute a new issue or new evidence within the meaning of 
paragraphs (a) and (b) of this section.
    (3) Deadline for petitions. (i) Petitions which comply with 
paragraph (c) of this section, shall be filed in accordance with the 
schedule set forth in the Advanced Notice of Proposed Rulemaking.
    (ii) In extraordinary cases the Secretary may consider evidence 
submitted after the deadline if the petitioner establishes that the 
evidence relied upon was not available and could not have reasonably 
been available in whole or substantial part by the deadline and that it 
is being submitted at the earliest possible time.
    (d) Secretary's response. (1) The Secretary shall respond to 
petitions under this paragraph in accordance with Sec.  1990.106.
    (2) Whenever the Secretary determines that the ``substantial new 
issue'' or the ``substantial new evidence'' submitted under this 
paragraph is sufficient to initiate a proceeding to amend this part, the 
Secretary shall:
    (i) Issue a notice to consider amendment to this part and not 
proceed on the rulemaking concerning the individual substance until 
completion of the amendment proceeding; or
    (ii) Issue a notice to consider amendment to this part and 
consolidate it with the proceeding on the individual substance.



Sec.  1990.146  Issues to be considered in the rulemaking.

    Except as provided in Sec.  1990.145, after issuance of the advance 
notice of rulemaking, the proceedings for individual substances under 
this part shall be limited to consideration of the following issues:
    (a) Whether the substance, group of substances or combination of 
substances subject to the proposed rulemaking is appropriately 
considered in a single proceeding;
    (b) Whether the substance or group of substances subject to the 
rulemaking meets the definition of a potential occupational carcinogen 
set forth in Sec.  1990.103, including whether the scientific studies 
are reliable;

[[Page 976]]

    (c) Whether the available data can appropriately be applied to the 
substance, group of substances or combination of substances covered by 
the rulemaking;
    (d) Whether information, data, and views that are submitted in 
accordance with Sec.  1990.144 are sufficient to warrant an exception to 
this part;
    (e) Whether the data, views and arguments that are submitted in 
accordance with Sec.  1990.145 are sufficient to warrant amendment of 
this part;
    (f) Whether the potential occupational carcinogen meets the criteria 
for a Category I Potential Carcinogen or a Category II Potential 
Carcinogen.
    (g) The environmental impact arising from regulation of the 
substance;
    (h) Any issues required by statute or executive order;
    (i) The determination of the level to control exposures to Category 
I Potential Carcinogens primarily through the use of engineering and 
work practice controls including technological and economic 
considerations.
    (j) The determination of the appropriate employee exposure level, 
consistent with the Act's requirements, for Category II Potential 
Carcinogens;
    (k) Whether suitable substitutes are available for one or more uses 
of Category I Potential Carcinogens and; if so, the no occupational 
exposure level to be achieved solely with engineering and work practice 
controls and other issues relevant to substitution; and
    (l) Whether the provisions of the proposal and of Sec. Sec.  
1990.151 and 1990.152 (model standards) are appropriate, except as 
limited by Sec.  1990.142 and whether additional regulatory provisions 
may be appropriate.

[45 FR 5282, Jan. 22, 1980, as amended at 46 FR 5881, Jan. 21, 1981]



Sec.  1990.147  Final action.

    (a) Within one hundred twenty (120) days from the last day of any 
hearing or ninety (90) days from the close of any post hearing comment 
period, whichever occurs first, the Secretary shall publish in the 
Federal Register:
    (1) A final standard based upon the record in the proceeding; or
    (2) A statement that no final standard will be issued, and the 
reasons therefor, or
    (3) A statement that the Secretary intends to issue a final rule, 
but that he is unable to do so at the present time, including:
    (i) The reasons therefor; and
    (ii) The date by which the standard will be published, which may not 
exceed one hundred twenty (120) days thereafter.
    (iii) The Secretary may issue no more than one such notice, unless 
the Secretary determines that (A) new evidence which was unavailable 
during the rulemaking proceeding has just become available; (B) the 
evidence is so important that a final rule could not reasonably be 
issued without this evidence, and; (C) the record is reopened for 
receipt of comments and/or a hearing on this evidence. This paragraph 
does not require the Secretary to consider any evidence which is 
submitted after the dates established for the submission of evidence.
    (b) The failure of the Secretary to comply with the required 
timeframes shall not be a basis to set aside any standard or to require 
the issuance of a new proposal on any individual substance.
    (c) The final standard shall state whether the substance or group of 
substances subject to the rulemaking is classified as a Category I 
Potential Carcinogen or as a Category II Potential Carcinogen. If the 
classification differs from that in the notice of proposed rulemaking, 
the Secretary shall explain the reasons for the change in classification 
in the preamble to the final standard.
    (d) If the substance is classified as a Category I Potential 
Carcinogen, the final standard shall conform to the provisions of Sec.  
1990.142(a)(2)(iii). If the final standard contains other provisions 
that substantially differ from the proposed provisions, the Secretary 
shall explain the reasons for the changes in the preamble to the final 
standard.
    (e) If the substance is classified as a Category II potential 
carcinogen, the final standard shall conform to the provisions of Sec.  
1990.142(a)(3)(iii). If the final standard contains other provisions 
that substantially differ from the proposed provisions, the Secretary 
shall explain the reasons for the changes in the preamble to the final 
standard.

[[Page 977]]

    (f) If the substance is classified as a Category II potential 
carcinogen, the Secretary shall notify the applicable federal and state 
agencies, including the Administrator of EPA, the Director of NCI, the 
Director of NIEHS, the Director of NIOSH, the Commissioner of FDA and 
the Chairperson of CPSC of such determination and request that the 
applicable agencies engage in, or stimulate, further research pursuant 
to their legislative authority, to develop new and additional scientific 
data.
    (g) If, after a rulemaking, the Secretary determines that the 
substance under consideration should not be classified as a Category I 
potential carcinogen or a Category II potential carcinogen, the 
Secretary shall publish a notice of this determination in the Federal 
Register, together with the reasons therefor.

                             Model Standards



Sec.  1990.151  Model standard pursuant to section 6(b) of the Act.

                    Occupational Exposure to ________

         Permanent Standard (insert section number of standard)

    (a) Scope and application--(1) General. This section applies to all 
occupational exposures to ___ or to (specify those uses or classes of 
uses of ___ [Chemical Abstracts Service Registry Number 0000] which are 
covered by the standard, including, where appropriate, the type of 
exposure to be regulated by the standard) except as provided in 
paragraph (a)(2).
    (2) Exemptions. This section does not apply to (insert those uses or 
classes of uses of ___ which are exempted from compliance with the 
standard, including, where appropriate,
    (i) Workplaces where exposure to ___ results from solid or liquid 
mixtures containing a specified percentage of ___ or less;
    (ii) Workplaces where another Federal agency is exercising statutory 
authority to prescribe or enforce standards or regulations affecting 
occupational exposure to ___ or
    (iii) Workplaces which are appropriately addressed in a separate 
standard).
    (b) Definitions.
    ___ means (definition of the substance, group of substances, or 
combination of substances, to be regulated).
    Action level means an airborne concentration of ___ of (insert 
appropriate level of exposure).

    Note: Where appropriate, consider an action level as a limitation on 
requirements for periodic monitoring (para. (e)(3)), medical 
surveillance (para. (n)), training (para. (o)), labels (para. (p)(3)), 
and other provisions.

    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 specifically authorized by the 
employer whose duties require the person to enter regulated areas or any 
person entering such an area as a designated representative of employees 
for the purpose of exercising the opportunity to observe monitoring 
procedures under paragraph (r) of this section.
    Director means the Director, National Institute for Occupational 
Safety and Health, U.S. Department of Health, and Health Services, or 
designee.
    Emergency means in any occurrence such as, but not limited to, 
equipment failure, rupture of containers, or failure of control 
equipment which may result in a massive release of _____ which is 
(insert appropriate quantitative or qualitative level of release which 
constitutes an emergency).
    OSHA Area Office means the Area Office of the Occupational Safety 
and Health Administration having jurisdiction over the geographic area 
where the affected workplace is located.
    (c) Permissible exposure limits provisions--(1) Inhalation--(i) Time 
weighted average limit (TWA). Within (insert appropriate time period) of 
the effective date of this section, the employer shall assure that no 
employee is exposed to an airborne concentration of ___in excess of: 
(insert appropriate exposure limit or when it is determined by the 
Secretary that there are available suitable substitutes for uses or 
classes of uses that are less hazardous to humans, the proposal shall 
permit no occupational exposure) as an eight (8)-hour-time-weighted 
average.


(Where the Secretary finds that suitable substitutes for ___may exist, 
the

[[Page 978]]

determination of the ___level shall include consideration of the 
availability, practicability, relative degree of hazard, and economic 
consequences of the substitutes.)
    (ii) Ceiling limit (if appropriate). Within (insert appropriate time 
period) of the effective date of this section, the employer shall assure 
that no employee is exposed to an airborne concentration of ___in excess 
of: (insert exposure limit) as averaged over any: (insert appropriate 
time period) during the working day.
    (2) Dermal and eye exposure. (As appropriate.) (i) Within (insert 
appropriate time period) of the effective date of this section, the 
employer shall (If eye exposure to ___does not create a risk of cancer, 
insert exposure level or criteria which will prevent other adverse 
health effects of eye exposure to ___if any. If eye exposure creates a 
risk of cancer, insert exposure level or criteria which represents the 
level of eye exposure to ___).
    (ii) Within (insert appropriate time period) of the effective date 
of this section, the employer shall (If skin exposure to ___does not 
create a risk of cancer, insert exposure level or criteria which will 
prevent other adverse health effects of skin exposure to ___if any. If 
skin exposure creates a risk of cancer, insert exposure level or 
criteria which represents the level of skin exposure to ____).
    (d) Notification of use and emergencies--(1) Use. Within (insert 
appropriate time period and additional information requirements if 
appropriate), of the effective date of this standard or within thirty 
days of the introduction of ___ into the workplace, every employer who 
has a place of employment in which ___ is present shall report the 
address and location of each place of employment to the OSHA Area Office 
and an estimate of the number of employees exposed.
    (2) Emergencies. Emergencies, and the facts obtainable at that time, 
shall be reported within (insert appropriate number) hours of, or during 
the first federal working day after, the time the employer becomes aware 
of the emergency to the OSHA Area Office, whichever is longer. Upon 
request of the OSHA Area Office, the employer shall submit additional 
information in writing relevant to the nature and extent of employee 
exposures and measures taken to prevent future emergencies of a similar 
nature.
    (e) Exposure monitoring--(1) General. (i) Determinations of airborne 
exposure levels shall be made from air samples that are representative 
of each employee's exposure to ___ over an eight (8) hour period. 
(Modify the time period as appropriate to be practical in the relevant 
industries yet reasonably representative of full shift exposures.) 
Monitoring of exposure levels required under this paragraph shall be 
made as follows: [insert method or alternative methods to be used to 
meet the requirements of this paragraph].
    (ii) For the purpose of this section, employee exposure is that 
exposure which would occur if the employee were not using a respirator.
    (2) Initial monitoring. Each employer who has one or more workplaces 
where (specify the types of workplaces subject to the monitoring 
requirement) shall, within (insert appropriate period) of the effective 
date of this section (insert requirements for initial monitoring, as 
appropriate).
    (3) Frequency. (Insert, if appropriate, provisions prescribing the 
minimum frequency at which monitoring must be repeated, the conditions 
under which such frequency must be increased or may be reduced, and 
conditions under which such routine monitoring may be discontinued (for 
example, where the action level is not exceeded). Where appropriate, 
specify different frequency requirements for certain types of workplaces 
where, for example, exposure levels are subject to greater or less 
variability.)
    (4) Additional monitoring. (Insert, if appropriate, provisions for 
monitoring, in addition to the requirements (if any) of paragraph 
(e)(3). This may include a production, process, control or personnel 
change which might result in new or additional exposure to _______,

or whenever the employer has any other reason to suspect a change which 
might result in new or additional exposures to ____________.)

[[Page 979]]

    (5) Employee notification. (i) Within (insert appropriate period) 
after the receipt of monitoring results, the employer shall notify each 
employee in writing of the results which represent that employee's 
exposure.
    (ii) Whenever the results indicate that the representative employee 
exposure exceeds the permissible exposure limits, the employer shall 
include in the written notice a statement that the permissible exposure 
limits were exceeded and a description of the corrective action being 
taken to reduce exposure to or below the permissible exposure limits.
    (6) Accuracy of measurement. (Insert requirements for accuracy of 
methods of measurement or detection used to comply with the paragraph).
    (f) Regulated areas--(1) Within (insert appropriate time period) of 
the effective date of this section, the employer shall, where 
practicable, establish regulated areas where ______ concentrations are 
in excess of the permissible exposure limits.
    (2) Regulated areas shall be demarcated and segregated from the rest 
of the workplace, in any manner that minimizes the number of persons who 
will be exposed to ______.
    (3) Access to regulated areas shall be limited to authorized persons 
or to persons otherwise authorized by the Act or regulations issued 
pursuant thereto.
    (4) The employer shall assure that in the regulated area, food or 
beverages are not present or consumed, smoking products are not present 
or used, and cosmetics are not applied (except that these activities may 
be conducted in the lunchroom, change rooms and showers required under 
paragraphs (m)(1) through (m)(3) of this section).
    (g) Methods of compliance--(1) Engineering and work practice 
controls. (i) The employer shall institute engineering or work practice 
controls to reduce and maintain employee exposures to ______ to or below 
the permissible exposure limits, except to the extent that the employer 
establishes that such controls are not feasible.
    (ii) Engineering and work practice controls shall be implemented to 
reduce exposures even if they will not be sufficient to reduce exposures 
to or below the permissible exposure limits.
    (2) Compliance program. (i) Within (insert appropriate period) of 
the effective date of this section, the employer shall establish and 
implement a written program to reduce exposures to or below the 
permissible exposure limits by means of engineering and work practice 
controls, as required by paragraph (g)(1) of this section.
    (ii) Written plans for these compliance programs shall include at 
least the following:
    (A) A description of each operation or process resulting in employee 
exposure to ______
    (B) Engineering plans and other studies contemplated or used to 
determine the controls for each process;
    (C) A report of the technology considered or to be considered in 
meeting the permissible exposure limits;
    (D) A detailed schedule for the implementation of engineering or 
work practice controls; and
    (E) Other relevant information reasonably requested by OSHA.
    (iii) Written plans for such a program shall be submitted, upon 
request, to the Assistant Secretary and the Director, and shall be 
available at the worksite for examination and copying by the Assistant 
Secretary, the Director, or any affected employee or designated 
representative.
    (iv) The plans required by this paragraph shall be revised and 
updated periodically to reflect the current status of the program.
    (h) Respiratory protection--(1) General. The employer shall assure 
that respirators are used where required pursuant to this section to 
reduce employee exposures to or below the permissible exposure limits 
and in emergencies. Compliance with the permissible exposure limits may 
not be achieved by the use of respirators except:
    (i) During the time period necessary to install or implement 
feasible engineering and work practice controls; or
    (ii) In work operations in which the employer establishes that 
engineering and work practice controls are not feasible; or
    (iii) In work situations where feasible engineering and work 
practice controls are not yet sufficient to reduce exposure to or below 
the permissible exposure limits; or

[[Page 980]]

    (iv) In emergencies.
    (2) Respirator selection. (i) Where respiratory protection is 
required under this section, the employer shall select and provide at no 
cost to the employee, the appropriate type of respirator from Table 1 
below and shall assure that the employee wears the respirator provided.

                     Table 1--Respiratory Protection

                               for ______

    (The table will contain a listing of the appropriate type of 
respirator for various conditions of exposure to ______).

    (ii) The employer shall select respirators from those approved by 
the National Institute for Occupational Safety and Health under the 
provisions of 30 CFR part 11.
    (3) Respirator program. (i) The employer shall institute a 
respiratory protection program in accordance with 29 CFR 1910.134 (b), 
(d), (e), and (f).
    (ii) Employees who wear respirators shall be allowed to wash their 
face and respirator facepiece to prevent potential skin irritation 
associated with respirator use.
    (iii) The employer shall assure that the respirator issued to each 
employee is properly fitted (as appropriate, indicate the requirement 
for a qualitative or quantitative respirator fit testing program).
    (i) Emergency situations--(1) Written plans. (i) A written plan for 
emergency situations shall be developed for each workplace where ______ 
is present. Appropriate portions of the plan shall be implemented in the 
event of an emergency.
    (ii) The plan shall specifically provide that employees engaged in 
correcting emergency conditions shall be equipped with respirators as 
required in paragraph (h) of this section and other necessary personal 
protective equipment as required in paragraph (j) until the emergency is 
abated.
    (2) Alerting employees--(i) Alarms. Where there is the possibility 
of employee exposure to ______ due to the occurrence of an emergency, a 
general alarm shall be installed and maintained to promptly alert 
employees of such occurrences.
    (ii) Evacuation. Employees not engaged in correcting the emergency 
shall be restricted from the area and shall not be permitted to return 
until the emergency is abated.
    (j) Protective clothing and equipment--(1) Provision and use. Where 
employees are exposed to eye or skin contact with ______ (insert 
criteria which trigger this requirement as appropriate), the employer 
shall, within (insert appropriate time period) of the effective date of 
this section provide at no cost to such employees, and assure that such 
employees wear, appropriate protective clothing or other equipment in 
accordance with 29 CFR 1910.132 and 1910.133 to protect the area of the 
body which may come in contact with ______.
    (2) Cleaning and replacement. (i) The employer shall clean, launder, 
maintain, or replace protective clothing and equipment required to 
maintain their effectiveness.
    (k) Housekeeping--(1) General. The employer shall, within 
appropriate time period of the effective date of this section, implement 
a housekeeping program to minimize accumulation of ______.
    (2) Specific provisions. The program shall include (insert 
appropriate elements).
    (i) Periodic scheduling of routine housekeeping.
    (ii) Provision for periodic cleaning of dust collection systems.
    (iii) Provision for maintaining clean surfaces.
    (iv) Provision for assigning personnel to housekeeping procedures; 
and the
    (v) Provision for informing employees about housekeeping program.
    (l) Waste disposal--(1) General. The employer shall assure that no 
waste material containing ______ is dispersed into the workplace, to the 
extent practicable.
    (2) The employer shall label, or otherwise inform employees who may 
contact waste material containing ______, the contents of such waste 
material.
    (3) (Insert specific disposal methods, as appropriate.)
    (m) Hygiene facilities and practices. Where employees are exposed to 
airborne concentrations of ______ in excess of the permissible exposure 
limits specified in paragraph (c)(1), or where employees are required to 
wear protective clothing or equipment pursuant to

[[Page 981]]

paragraph (j) of this section, or where otherwise found to be 
appropriate, the following facilities shall be provided by the employer 
for the use of those employees and the employer shall assure that the 
employees use the facilities provided.
    [Specify appropriate hygiene facilities and practices such as]:
    (1) Change rooms. The employer shall provide clean change rooms in 
accordance with 29 CFR 1910.141(e).
    (2) Showers. (i) The employer shall provide shower facilities in 
accordance with 29 CFR 1910.141(d)(3).
    (ii) The employer shall assure that employees exposed to ______ 
shower at the end of the work shift.
    (3) Lunchrooms (if appropriate or other suitable requirements 
depending on the circumstances). Whenever food or beverages are consumed 
in the workplace, the employer shall provide lunchroom facilities which 
have a temperature controlled, positive pressure, filtered air supply, 
and which are readily accessible to employees exposed to ______.
    (n) Medical surveillance--(1) General. (i) The employer shall 
institute a program of medical surveillance for (specify the types of 
employees subject to the medical surveillance requirement, for example, 
by specifying the level, duration, and frequency of exposure to ______ 
which make medical surveillance appropriate for individual employees). 
The employer shall provide each such employee with an opportunity for 
medical examinations and tests in accordance with this paragraph.
    (ii) The employer shall assure that all medical examinations and 
procedures are performed by or under the supervision of a licensed 
physician, and shall be provided without cost to the employee.
    (2) Initial examinations. Within (insert appropriate time period) of 
the effective date of this section or thereafter at the time of initial 
assignment, the employer shall provide each employee specified in 
paragraph (n)(1) of this section an opportunity for a medical 
examination, including at least the following elements:
    (i) A work history and a medical history which shall include: 
(insert specific areas to be covered pertinent to the health hazards 
posed by ______________).
    (ii) A physical examination which shall include: (insert specific 
tests, procedures, etc., pertinent to the health hazards posed by 
______________.) Where appropriate, provide that the examining physician 
shall conduct such additional examinations and tests as are needed 
according to his professional judgment).

    Note: Where appropriate, require or permit different medical 
protocols, or different frequencies of medical examinations, for 
separate sub-populations of employees covered under paragraph (n)(1).

    (3) Periodic examinations. (i) The employer shall provide the 
examinations specified below in this subparagraph at least (insert 
appropriate time) for all employees specified in paragraph (n)(3)(i) of 
this section: (insert appropriate medical protocol for periodic 
examinations).
    (ii) If an employee has not had the examinations prescribed in 
paragraph (n)(3)(i) of this section within (insert appropriate time 
period) prior to termination of employment, the employer shall make such 
examination available to the employee upon such termination.
    (4) Additional examinations. If the employee for any reason develops 
signs or symptoms commonly associated with exposure to ______, the 
employer shall provide appropriate examination and emergency medical 
treatment.
    (5) Information provided to the physician. The employer shall 
provide the following information to the examining physician:
    (i) A copy of this standard and its appendices;
    (ii) A description of the affected employee's duties as they relate 
to the employee's exposure;
    (iii) The employee's actual or representative exposure level;
    (iv) The employee's anticipated or estimated exposure level (for 
preplacement examinations or in cases of exposure due to an emergency);
    (v) A description of any personal protective equipment used or to be 
used; and
    (vi) The names and addresses of physicians who, under the 
sponsorship of

[[Page 982]]

the employer, provided previous medical examinations of the affected 
employee, if such records are not otherwise available to the examining 
physician.
    (6) Physician's written opinion. (i) The employer shall obtain a 
written opinion from the examining physician which shall include:
    (A) The physician's certification that he has received the 
information from the employer required under the paragraph (n)(5) and 
has performed all medical examinations and tests which are in his 
opinion appropriate under this standard;
    (B) The physician's opinion as to whether the employee has any 
detected medical condition which would place the employee at an 
increased risk of material impairment of the employee's health from 
exposure to ______
    (C) Any recommended limitations upon the employee's exposure to 
______ or upon the use of protective clothing and equipment such as 
respirators; and
    (D) A statement that the employee has been informed by the physician 
of the results of the medical examination and any medical conditions 
which require further examination or treatment.
    (ii) The employer shall instruct the physician not to reveal in the 
written opinion specific findings or diagnoses unrelated to occupational 
exposure to ______
    (iii) The employer shall provide a copy of the written opinion to 
the affected employee.
    (o) Employee information and training--(1) Training program. (i) 
Within (insert appropriate time period) from the effective date of this 
section, the employer shall institute a training program for all 
employees who (specify the employees subject to the training 
requirement), and shall assure their participation in the training 
program.
    (ii) The training program shall be provided at the time of initial 
assignment, or upon institution of the training program, and at least 
(insert appropriate time period) thereafter, and the employer shall 
assure that each employee is informed of the following:

    Note: Specify, as appropriate, some or all of the following 
information, or any other appropriate information. Where appropriate, 
require training programs with different contents, or different 
frequencies, for separate subpopulations of the employees specified in 
paragraph (o)(1).

    (A) The information contained in the Appendices;
    (B) The quantity, location, manner of use, release or storage of 
______ and the specific nature of operations which could result in 
exposure to ______, as well as any necessary protective steps;
    (C) The purpose, proper use, and limitations of respirators;
    (D) The purpose and a description of the medical surveillance 
program required by paragraph (n) of this section;
    (E) The emergency procedures developed, as required by paragraph (i) 
of this section;
    (F) The engineering and work practice controls, their function and 
the employee's relationship thereto; and
    (G) A review of this standard.
    (2) Access to training materials. (i) The employer shall make a copy 
of this standard and its appendices readily available to all affected 
employees.
    (ii) The employer shall provide, upon request, all materials 
relating to the employee information and training program to the 
Assistant Secretary and the Director.
    (p) Signs and labels--(1) General. (i) The employer may use labels 
or signs required by other statutes, regulations, or ordinances in 
addition to, or in combination with, signs and labels required by this 
paragraph.
    (ii) The employer shall assure that no statement appears on or near 
any sign or label, required by this paragraph, which contradicts or 
detracts from the meaning of the required sign or label.
    (2) Signs. (i) The employer shall post signs to clearly indicate all 
workplaces. (Specify as appropriate the description of the area to be 
signposted such as ``where employees are exposed to ____________,'' or 
``where exposures exceed the action level,'' or ``where exposures exceed 
the PEL,'' or ``which are regulated areas''). The signs shall bear the 
following legend:

                                 DANGER

________________________________________________________________________
(insert appropriate trade or common names)

[[Page 983]]

                              CANCER HAZARD

                        AUTHORIZED PERSONNEL ONLY

    (ii) The employer shall assure that signs required by this paragraph 
are illuminated and cleaned as necessary so that the legend is readily 
visible.
    (iii) Where airborne concentrations of ______ exceed the permissible 
exposure limits, the signs shall bear the additional legend: 
``Respirator Required'' or ``Respirator May Be Required'' as 
appropriate.
    (3) Labels. (i) The employer shall assure that precautionary labels 
are affixed to all containers of ______ and of products containing 
______ (specify if appropriate suitable modifications), and that the 
labels remain affixed when the ______ or products containing ______ are 
sold, distributed or otherwise leave the employer's workplace.
    (ii) The employer shall assure that the precautionary labels 
required by this paragraph are readily visible and legible. The labels 
shall bear the following legend:

                                 DANGER

                             CONTAINS ______

                              CANCER HAZARD

    Note: Utilize the clause ``POTENTIAL CANCER HAZARD'' if it is 
appropriate to include a signs and labels provision for a Category II 
potential carcinogen.

    (q) Recordkeeping--(1) Exposure monitoring. (i) The employer shall 
establish and maintain an accurate record of all monitoring required by 
paragraph (e) of this section.
    (ii) This record shall include:
    (A) The dates, number, duration, and results of each of the samples 
taken, including a description of the sampling procedure used to 
determine representative employees exposure;
    (B) A description of the sampling and analytical methods used;
    (C) Type of respiratory protective devices worn, if any; and
    (D) Name, social security number and job classification of the 
employees monitored and of all other employees whose exposure the 
measurement is intended to represent.
    (iii) The employer shall maintain this record for (insert 
appropriate period) or for the duration of employment plus (insert 
appropriate period) whichever is longer.
    (2) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record of each employee subject to medical 
surveillance as required by paragraph (n) of this section.
    (ii) This record shall include:
    (A) A copy of the physicians' written opinions or a written 
explanation of the absence of any such opinion or employee refusal to 
take the medical examination:
    (B) Any employees medical complaints related to exposure

to ______
    (C) A copy of the information provided to the physician as required 
by paragraphs (n)(5)(ii) through (v) of this section unless it is 
systematically retained elsewhere by the employer for the period of time 
specified in paragraph (q)(2)(ii); and
    (D) A copy of the employee's work history.
    (iii) The employer shall assure that this record be maintained for 
(insert appropriate period) or for the duration of employment plus 
(insert appropriate period) whichever is longer.
    (3) Availability. (i) The employer shall assure that all records 
required to be maintained by this section be made available upon request 
to the Assistant Secretary and the Director for examination and copying.
    (ii) Employee exposure measurement records and employee medical 
records required by this section shall be provided upon request to 
employees, designated representatives, and the Assistant Secretary in 
accordance with 29 CFR 1910.20(a) through (e) and (g) through (i).
    (4) Transfer of records. (i) Whenever the employer ceases to do 
business, the successor employer shall receive and retain all records 
required to be maintained by this section.
    (ii) Whenever the employer ceases to do business and there is no 
successor employer to receive and retain the records for the prescribed 
period, these records shall be transmitted to the Director.
    (iii) At the expiration of the retention period for the records 
required to be maintained pursuant to this section,

[[Page 984]]

the employer shall transmit these records to the Director.
    (iv) The employer shall also comply with any additional requirements 
involving transfer of records set forth in 29 CFR 1910.20(h).

    Note: Include other recordkeeping requirements if appropriate.

    (r) Observation of monitoring--(1) Employee observation. The 
employer shall provide affected employees, or their designated 
representatives, an opportunity to observe any monitoring of employee 
exposure to ______ conducted pursuant to paragraph (e) of this section.
    (2) Observation procedures. (i) Whenever observation of the 
monitoring of employee exposure to ______ requires entry into an area 
where the use of protective clothing or equipment is required, the 
employer shall provide the observer with personal protective clothing or 
equipment required to be worn by employees working in the area, assure 
the use of such clothing and equipment, and require the observer to 
comply with all other applicable safety and health procedures.
    (ii) Without interfering with the monitoring, observers shall be 
entitled to:
    (A) Receive an explanation of the measurement procedures;
    (B) Observe all steps related to the measurement of airborne 
concentrations of ______ performed at the place of exposure; and
    (C) Record the results obtained, and receive results supplied by the 
laboratory.
    (s) Effective date. This section shall become effective (insert 
effective date).
    (t) Appendices. The information contained in the appendices is not 
intended, by itself, to create any additional obligations not otherwise 
imposed or to detract from any existing obligation. (In normal 
circumstances three appendices will be included in each standard, an 
``Appendix A--Substance Safety Data Sheet,'' an ``Appendix B--Substance 
Technical Guidelines,'' and an ``Appendix C--Medical Surveillance 
Guidelines.'' Insert additional appendices or delete any of the 
suggested appendices as appropriate.)

[45 FR 5282, Jan. 22, 1980; 45 FR 43405, 43406, June 27, 1980, as 
amended at 46 FR 5881, Jan. 21, 1981]



Sec.  1990.152  Model emergency temporary standard pursuant to 
section 6(c) of the Act.

                     Occupational Exposure to ______

    Emergency Temporary Standard (insert section number of standard)

    (a) Scope and application--(1) General. This section applies to all 
occupational exposures to ______, or to (specify the uses of classes of 
uses of ______ [Chemical Abstracts Service Registry Number 00000], which 
are covered by the standard, including, where appropriate, the type of 
exposure to be regulated by the standard) except as provided in 
paragraph (a)(2).
    (2) Exemption. This section does not apply to (insert those uses or 
classes of uses of ______ which are exempted from compliance with the 
standard, including, where appropriate,
    (i) Workplaces where exposure to ______ results from solid or liquid 
mixtures containing a specified percentage of ______ or less;
    (ii) Workplaces where another Federal agency is exercising statutory 
authority to prescribe or enforce standards or regulations affecting 
occupational exposure to ______ or
    (iii) Workplaces which are appropriately addressed in a separate 
standard.
    (b) Definitions.
    ______ means (definition of the substance, group of substances, or 
combination of substances, to be regulated).
    Action level means an airborne concentration of ______ of (insert 
appropriate level of exposure).

    Note: Where appropriate, consider an action level as a limitation on 
requirements for periodic monitoring (para. (e)(3)), medical 
surveillance (para. (n)), training (para, (o)), and other provisions.

    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.

[[Page 985]]

    Authorized person means any person specifically authorized by the 
employer whose duties require the person to enter a regulated area or 
any person entering such an area as a designated representative of 
employees exercising the opportunity to observe monitoring procedures 
under paragraph (r) of this section.
    Director means the Director, National Institute for Occupational 
Safety and Health, U.S. Department of Health, Education and Welfare, or 
designee.
    Emergency means any occurrence such as, but not limited to, 
equipment failure, rupture of containers, or failure of control 
equipment which may result in a release of ______ which is (insert 
appropriate quantitative or qualitative level of release which 
constitutes an emergency).
    OSHA Area Office means the Area Office of the Occupational Safety 
and Health Administration having jurisdiction over the geographic area 
where the affected workplace is located.
    (c) Permissible exposure limits--(1) Inhalation--(i) Time-weighted 
average limit (TWA). Within (insert appropriate time) from the effective 
date of this emergency temporary standard, the employer shall assure 
that no employee is exposed to an airborne concentration of ______in 
excess of: (insert appropriate exposure limit representing a level that 
can be complied with immediately) as an eight (8)-hour-time-weighted 
average.
    (ii) Ceiling limit (if appropriate). The employer shall assure that 
no employee is exposed to an airborne concentration of ______in excess 
of: (insert appropriate exposure limit representing a level that can be 
complied with immediately) as averaged over any: (insert appropriate 
time period) during the working day.
    (2) Dermal and eye exposure. (As appropriate.) (i) Within (insert 
appropriate time period) of the effective date of this section, the 
employer shall (If eye exposure to ______does not create a risk of 
cancer, insert exposure level or criteria which will prevent other 
adverse effects of eye exposure to ______, if any. If eye exposure 
creates a risk of cancer, insert exposure level or criteria which 
represent the level of eye exposure to ______.)
    (ii) Within (insert appropriate time period) of the effective date 
of this section, the employer shall (If skin exposure to ______does not 
create a risk of cancer, insert exposure level or criteria which will 
prevent other adverse health affects of skin exposure to ______if any. 
If skin exposure creates a risk of cancer, insert exposure level or 
criteria which represents the level of skin exposure to ______).
    (d) Notification of use. Within (insert appropriate time and omit 
specific categories of information if appropriate) of the effective date 
of this section, or within fifteen (15) days following the introduction 
of ______ into the workplace, every employer shall report the following 
information to the nearest OSHA Area Office for each such workplace:
    (1) The address and location of each workplace in which ______ is 
present;
    (2) A brief description of each process or operation which may 
result in employee exposure to ______;
    (3) The number of employees engaged in each process or operation who 
may be exposed ______ and an estimate of the frequency and degree of 
exposure that occurs; and
    (4) A brief description of the employer's safety and health program 
as it relates to limitation of employee exposure to ______;
    (e) Exposure monitoring--(1) General. (i) Determinations of airborne 
exposure levels shall be made from air samples that are representative 
of each employee's exposure to ______ over an eight (8) hour period. 
(Modify the time period as appropriate to be practical in the relevant 
industries yet reasonably representative of full shift exposures). 
Monitoring of exposure levels required under this paragraph shall be 
made as follows: [insert method or alternative methods to be used to 
meet the requirements of this paragraph].
    (ii) For the purposes of this section, employee exposure is that 
exposure which would occur if the employee were not using a respirator.
    (2) Initial monitoring. Each employer who has one or more workplaces 
where (specify the types of workplaces subject to the monitoring 
requirement), shall within (insert appropriate period)

[[Page 986]]

of the effective date of this section (insert requirements for initial 
monitoring, as appropriate).
    (3) Frequency. (Insert, if appropriate, provisions prescribing the 
minimum frequency at which monitoring must be repeated, the conditions 
under which such frequency must be increased, or may be reduced, and 
conditions under which such routine monitoring may be discontinued (for 
example where the action level is not exceeded). Where appropriate, 
specify different frequency requirements for certain types of workplaces 
where, for example, exposure levels are subject to greater or less 
variability.)
    (4) Additional monitoring. (Insert, if appropriate, provisions for 
monitoring, in addition to the requirements (if any) of paragraph 
(e)(3). This may include a production, process, control or personnel 
change which might result in new or additional exposure to ______ or 
whenever the employer has any other reason to suspect a change which 
might result in new or additional exposures to ______.)
    (5) Employee notification. (i) Within (insert appropriate period) 
after the receipt of monitoring results, the employer shall notify each 
employee in writing of the results which represent that employee's 
exposure.
    (ii) Whenever the results indicate that the representative employee 
exposure exceeds the permissible exposure limits, the employer shall 
include in the written notice a statement that permissible exposure 
limits were exceeded and a description of the corrective action being 
taken to reduce exposure to or below the permissible exposure limits.
    (6) Accuracy of measurement. (Insert requirements for accuracy of 
methods of measurement or detection used to comply with the paragraph.)
    (f) [Reserved]
    (g) Methods of compliance--(1) General. (i) Employee exposures to 
______ shall be controlled to or below the permissible exposure limits 
by any practicable combination of engineering controls, work practices 
and personal protective devices and equipment, during the effective 
period of this emergency temporary standard.

    Note: Where engineering controls or work practices can reduce 
employee exposures to ______ it is recommended that they be implemented 
where practicable, even where they do not themselves reduce exposures 
to, or below the permissible exposure limits. Work practices which can 
be implemented by the employer to help reduce employee exposures to 
______ include limiting access to work areas to authorized personnel, 
prohibiting smoking and consumption of food and beverages in work areas, 
and establishing good maintance and housekeeping practices, including 
the prompt clean-up of spills and repair of leaks.

    (2) Engineering and work practice control plan. (i) Within (insert 
appropriate time period) of the effective date of this emergency 
temporary standard, the employer shall develop a written plan describing 
proposed means to reduce employee exposures to the lowest feasible level 
by means of engineering and work practice controls (which will be 
eventually required by a permanent standard for occupational exposure to 
______, as provided for by Sec.  1990.151(g) of this subpart).
    (ii) Written plans required by this paragraph shall be submitted, 
upon request, to the Assistant Secretary and the Director and shall be 
available at the worksite for examination and copying by the Assistant 
Secretary, the Director, and any affected employee or designated 
representative.
    (h) Respiratory protection--(1) Required use. The employer shall 
assure that respirators are used where required pursuant to this section 
to reduce employee exposures to within the permissible exposure limits 
and in emergencies.
    (2) Respirator selection. (i) Where respiratory protection is 
required under this section, the employer shall select and provide at no 
cost to the employee, the appropriate respirator from Table 1 below and 
shall assure that the employee wears the respirator provided.

               Table 1--Respiratory Protection for ______

    (The table will contain a listing of the appropriate type of 
respirator for various conditions of exposure
to ______.)

    (ii) The employer shall select respirators from those approved by 
the National Institute for Occupational

[[Page 987]]

Safety and Health under the provisions of 30 CFR part 11.
    (3) Respirator program. (i) The employer shall institute a 
respirator protection program in accordance with 29 CFR 1910.134 (b), 
(d), (e) and (f).
    (ii) Employees who wear respirators shall be allowed to wash their 
face and respirator face piece to prevent potential skin irritation 
associated with respirator use.
    (iii) The employer shall assure that the respirator issued to each 
employee is properly fitted (as appropriate, indicate the requirement 
for a qualitative or quantitative respirator fit testing program.)
    (i) [Reserved]
    (j) Protective clothing and equipment--(1) Provision and use. Where 
employees are exposed to eye or skin contact with ______ (insert 
criteria which trigger this requirement as appropriate), the employer 
shall within (insert appropriate time period) of the effective date of 
this standard provide, at no cost to the employees, and assure that 
employees wear, appropriate protective clothing or other equipment in 
accordance with 29 CFR 1910.132 and 1910.133 to protect the area of the 
body which may come in contact with ______.
    (2) Cleaning and replacement. (i) The employer shall clean, launder, 
maintain, or replace protective clothing and equipment required by this 
paragraph, as needed to maintain their effectiveness.
    (k) Housekeeping--(1) General. The employer shall, within (insert 
appropriate time period) of the effective date of this section, 
implement a housekeeping program to minimize accumulations of ______.
    (2) Specific provisions. The program shall include (insert 
appropriate elements):
    (i) Periodic scheduling of routine housekeeping procedures;
    (ii) Provision for periodic cleaning of dust collection systems;
    (iii) Provision for maintaining clean surfaces;
    (iv) Provision for assigning personnel to housekeeping procedures; 
and
    (v) Provision for informing employees about housekeeping program.
    (l) Waste disposal--(1) General. The employer shall assure that no 
waste material containing ______ is dispersed into the workplace, to the 
extent practicable.
    (2) The employer shall label, or otherwise inform employees who may 
contact waste material containing ______ of the contents of such waste 
material.
    (3) (Insert specific disposal methods, as appropriate.)
    (m) [Reserved]
    (n) Medical surveillance--(1) General. (i) The employer shall 
institute a program of medical surveillance for (specify the types of 
employees subject to the medical surveillance requirement, for example, 
by specifying the level, duration, and frequency of exposure to ________ 
which make medical surveillance appropriate for individual employees). 
The employer shall provide each such employee with an opportunity for 
medical examinations and tests in accordance with this paragraph.
    (ii) The employer shall assure that all medical examinations and 
procedures are performed by or under the supervision of a licensed 
physician, and shall be provided without cost to the employee.
    (2) Initial examinations. Within (insert appropriate time period) of 
the effective date of this section, or thereafter at the time of initial 
assignment, the employer shall provide each employee specified in 
paragraph (n)(1) of this section an opportunity for a medical 
examination, including at least the following elements:
    (i) A work history and a medical history which shall include (insert 
specific areas to be covered pertinent to the health hazards posed by 
________).
    (ii) A physical examination which shall include: (insert specific 
tests, procedures, etc., pertinent to the health hazards posed by 
________. Where appropriate, provide that the examining physician shall 
conduct such additional examinations and tests as are needed according 
to his professional judgement).

    Note: Where appropriate, require or permit different medical 
protocols, or different frequencies of medical examinations, for 
separate sub-populations of employees covered under paragraph (n)(1).

    (3) Periodic examinations. (If appropriate insert appropriate 
medical protocol and time.)

[[Page 988]]

    (4) Additional examinations. If the employee for any reason develops 
signs or symptoms commonly associated with exposure to ______, the 
employer shall provide an appropriate examination and emergency medical 
treatment.
    (5) Information provided to the physician. The employer shall 
provide the following information to the examining physician:
    (i) A copy of this emergency temporary standard and its appendices;
    (ii) A description of the affected employee's duties as they relate 
to the employee's exposure;
    (iii) The employee's actual or representative exposure level;
    (iv) The employee's anticipated or estimated exposure level (for 
preplacement examinations or in cases of exposures due to an emergency);
    (v) A description of any personal protective equipment used or to be 
used; and
    (vi) The names and addresses of physicians who, under the 
sponsorship of the employer, provided previous medical examinations of 
the affected employee, if such records are not otherwise available to 
the examining physician.
    (6) Physician's written opinion. (i) The employer shall obtain a 
written opinion from the examining physician which shall include:
    (A) The results of the medical tests performed;
    (B) The physician's opinion as to whether the employee has any 
detected medical condition which would place the employee at an 
increased risk of material impairment of the employee's health from 
exposure to ______;
    (C) Any recommended limitations upon the employee's exposure to 
______ or upon the use of protective clothing and equipment such as 
respirators; and
    (D) A statement that the employee has been informed by the physician 
of the results of the medical examination and any medical conditions 
which require further examination or treatment.
    (ii) The employer shall instruct the physician not to reveal in the 
written opinion specific findings or diagnoses unrelated to occupational 
exposure to ______;
    (iii) The employer shall provide a copy of the written opinion to 
the affected employee.
    (o) Employee information and training--(1) Training program. (i) 
Within (insert appropriate time period) from the effective date of this 
standard, the employer shall institute a training program for all 
employees who (specify the employees subject to the training 
requirement), and shall assure their participation in the training 
program.
    (ii) The employer shall assure that each employee is informed of the 
following:
    (A) The information contained in the Appendices;
    (B) The quantity, location, manner of use, release, or storage of 
______ and the specific nature of operations which could result in 
exposure to ______, as well as any necessary protective steps;
    (C) The purpose, proper use, and limitations of respirators;
    (D) The purpose and description of the medical surveillance program 
required by paragraph (n) of this section; and
    (E) A review of this standard.
    (2) Access to training materials. (i) The employer shall make a copy 
of this standard and its appendices readily available to all affected 
employees.
    (ii) The employer shall provide, upon request, all materials 
relating to the employee information and training program to the 
Assistant Secretary and the Director.
    (p) Signs and labels (include a signs or a signs and labels 
provision if it is appropriate for the duration of the ETS)--(1) 
General. (i) The employer may use labels or signs required by other 
statutes, regulations, or ordinances in addition to, or in combination 
with, signs and labels required by this paragraph.
    (ii) The employer shall assure that no statement appears on or near 
any sign or label, required by this paragraph, which contradicts or 
detracts from the meaning of the required sign or label.
    (2) Signs. (i) The employer shall post signs to clearly indicate all 
workplaces (specify as appropriate the description of the area to be 
signposted such as ``where employees are exposed to ________,'' or 
``where exposures exceed the PEL,'' or ``which are regulated

[[Page 989]]

areas''). The signs shall bear the following legend:

                                 DANGER

                                  ______

(insert appropriate trade or common names)

                              CANCER HAZARD

                        AUTHORIZED PERSONNEL ONLY

    (ii) The employer shall assure that signs required by this paragraph 
are illuminated and cleaned as necessary so that the legend is readily 
visible.
    (iii) Where airborne concentrations of ____________ exceed the 
permissible exposure limits, the signs shall bear the additional legend: 
(``Respirator Required'' or ``Respirator may be Required'' as 
appropriate).
    (3) Labels. (i) The employer shall assure that precautionary labels 
are affixed to all containers of ____________ and of products containing 
______________ (specify if appropriate suitable modifications), and that 
the labels remain affixed when __________ or products containing 
____________ are sold, distributed or otherwise leave the employer's 
workplace.
    (ii) The employer shall assure that the precautionary labels 
required by this paragraph are readily visible and legible. The labels 
shall bear the following legend:

                                 DANGER

                         CONTAINS ______________

                              CANCER HAZARD

    (q) Recordkeeping--(1) Exposure monitoring. (i) The employer shall 
establish and maintain an accurate record of all monitoring required by 
paragraph (e) of this section.
    (ii) This record shall include:
    (A) The dates, number, duration, and results of each of the samples 
taken, including a description of the sampling procedures used to 
determine representative employee exposure;
    (B) A description of the sampling and analytical methods used;
    (C) Type of respiratory protective devices worn, if any; and
    (D) Name, social security number, and job classification of the 
employee monitored and of all other employees whose exposure the 
measurement is intended to represent.
    (iii) The employer shall maintain this record for the effective 
period of this emergency temporary standard, and for any additional 
period required by the permanent standard.
    (2) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee subject to medical 
surveillance as required by paragraph (n) of this section.
    (ii) This record shall include:
    (A) A copy of the physicians' written opinions or a written 
explanation of the absence of any such opinion or employee refusal to 
take the medical examination;
    (B) Any employee medical complaints related to exposure to ______;
    (C) A copy of the information provided to the physician as required 
by paragraphs (n)(5)(ii)-(iv) of this section unless it is 
systematically retained elsewhere by the employer for the period of time 
specified in paragraph (q)(2)(iii); and,
    (D) A copy of the employee's work history. (1) The employer shall 
assure that employee exposure measurement records, as required by this 
section, be made available upon request to the Assistant Secretary and 
the Director for examination and copying.
    (iii) The employer shall assure that this record be maintained for 
the effective period of this emergency temporary standard, and for any 
additional period required by the permanent standard.
    (3) Availability. (i) The employer shall assure that all records 
required to be maintained by this section be made available upon 
request, to the Assistant Secretary and the Director for examination and 
copying.
    (ii) Employee exposure measurement records and employee medical 
records required by this section shall be provided upon request to 
employees, designated representatives, and the Assistant Secretary in 
accordance with 29 CFR 1910.20 (a) through (e) and (g) through (i).
    (r) Observation of monitoring. (1) Employee observation. The 
employer shall provide affected employees, or their designated 
representatives, an opportunity to observe any monitoring of

[[Page 990]]

employee exposure to ______ conducted pursuant to paragraph (e) of this 
section.
    (2) Observation procedures. (i) Whenever observation of the 
monitoring of employee exposure to ______ requires entry into an area 
where the use of protective clothing or equipment is required, the 
employer shall provide the observer with personal protective clothing or 
equipment required to be worn by employees working in the area, assure 
the use of such clothing and equipment, and require the observer to 
comply with all other applicable safety and health procedures.
    (ii) Without interfering with the monitoring, observers shall be 
entitled to:
    (A) Receive an explanation of measurement procedures;
    (B) Observe all steps related to the measurement of airborne 
concentrations of ______ performed at the place of exposure; and
    (C) Record the results obtained and receive results supplied by the 
laboratory.
    (s) Effective date. This section shall become effective (insert 
effective date).
    (t) Appendices. The information contained in the appendices is not 
intended, itself, to create any additional obligations not otherwise 
imposed or to detract from any existing obligation. (In normal 
circumstances three appendices will be included in each standard, an 
``Appendix A--Substance Safety Data Sheet,'' an ``Appendix B--Substance 
Technical Guidelines,'' and an ``Appendix C--Medical Surveillance 
Guidelines.'' Insert additional appendices or delete any of the 
suggested appendices as appropriate.)

[45 FR 5282, Jan. 22, 1980; 45 FR 43406, 43407, June 27, 1980, as 
amended at 46 FR 5882, Jan. 21, 1981]



PART 1991_PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER
THE CRIMINAL ANTITRUST ANTI-RETALIATION ACT (CAARA)--Table of Contents



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders

Sec.
1991.100 Purpose and scope.
1991.101 Definitions.
1991.102 Obligations and prohibited acts.
1991.103 Filing of retaliation complaint.
1991.104 Investigation.
1991.105 Issuance of findings and preliminary orders.

                          Subpart B_Litigation

1991.106 Objections to the findings and the preliminary order and 
          requests for a hearing.
1991.107 Hearings.
1991.108 Role of Federal agencies.
1991.109 Decisions and orders of the administrative law judge.
1991.110 Decisions and orders of the Administrative Review Board.

                   Subpart C_Miscellaneous Provisions

1991.111 Withdrawal of complaints, findings, objections, and petitions 
          for review; settlement.
1991.112 Judicial review.
1991.113 Judicial enforcement.
1991.114 District court jurisdiction of retaliation complaints.
1991.115 Special circumstances; waiver of rules.

    Authority: 15 U.S.C. 7a-3; Secretary of Labor's Order 08-2020 (May 
15, 2020), 85 FR 58393 (September 18, 2020); Secretary of Labor's Order 
01-2020 (Feb. 21, 2020), 85 FR 13186-01 (Mar. 6, 2020).

    Source: 88 FR 8763, Feb. 10, 2023, unless otherwise noted.



 Subpart A_Complaints, Investigations, Findings, and Preliminary Orders



Sec.  1991.100  Purpose and scope.

    (a) This part sets forth procedures for, and interpretations of 
section 2 of the Criminal Antitrust Anti-Retaliation Act (CAARA), Public 
Law 116-257, 134 Stat. 1147 (December 23, 2020) (codified at 15 U.S.C. 
7a-3). CAARA provides for protection from retaliation because the 
covered individual has engaged in protected activity pertaining to any 
violation of, or any act or omission which the covered individual 
reasonably believes constitutes a violation of, section 1 or 3 of the 
Sherman Act; or any violation of, or any act or omission the covered 
individual reasonably believes to be a violation of, another criminal 
law committed in conjunction with a potential violation of section 1

[[Page 991]]

or 3 of the Sherman Act or in conjunction with an investigation by the 
Department of Justice of a potential violation of section 1 or 3 of the 
Sherman Act.
    (b) This part establishes procedures under CAARA for the expeditious 
handling of retaliation complaints filed by covered individuals, or by 
persons acting on their behalf. These rules, together with those 
codified at 29 CFR part 18, set forth the procedures under CAARA for 
submission of complaints, investigations, issuance of findings and 
preliminary orders, objections to findings and orders, litigation before 
administrative law judges (ALJs), post-hearing administrative review, 
and withdrawals and settlements. In addition, these rules provide the 
Secretary's interpretations of certain statutory provisions.



Sec.  1991.101  Definitions.

    As used in this part:
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health or the person or persons to whom the 
Assistant Secretary delegates authority under CAARA.
    Antitrust laws means section 1 or 3 of the Sherman Act (15 U.S.C. 1 
or 3).
    Business days means days other than Saturdays, Sundays, and Federal 
holidays.
    CAARA means the Criminal Antitrust Anti-Retaliation Act, Public Law 
116-257, 134 Stat. 1147 (December 23, 2020) (codified at 15 U.S.C. 7a-
3).
    Complainant means the covered individual who filed a CAARA complaint 
or on whose behalf a complaint was filed.
    Covered individual means an employee, contractor, subcontractor, or 
agent of an employer and includes an individual presently or formerly 
working for, an individual applying to work for, or an individual whose 
employment could be affected by, another person.
    DOJ means the Antitrust Division of the United States Department of 
Justice.
    Employer means a person, or any officer, employee, contractor, 
subcontractor, or agent of such person.
    Federal Government means a Federal regulatory or law enforcement 
agency; or any Member of Congress or committee of Congress.
    OSHA means the Occupational Safety and Health Administration of the 
United States Department of Labor.
    Person has the same meaning as in 15 U.S.C. 12(a) and includes 
individuals as well as corporations and associations existing under or 
authorized by the laws of either the United States, the laws of any of 
the Territories, the laws of any State, or the laws of any foreign 
country.
    Respondent means the person named in the complaint who is alleged to 
have violated CAARA.
    Secretary means the Secretary of Labor.



Sec.  1991.102  Obligations and prohibited acts.

    (a) No employer may discharge, demote, suspend, threaten, harass, or 
in any other manner retaliate against, including, but not limited to, 
intimidating, restraining, coercing, blacklisting, or disciplining, a 
covered individual in the terms and conditions of employment of the 
covered individual because of any lawful act done by the covered 
individual to engage in any of the activities specified in paragraph 
(b)(1) and (2) of this section.
    (b) A covered individual is protected against retaliation (as 
described in paragraph (a) of this section) for any lawful act done by 
the covered individual:
    (1) To provide information, or cause information to be provided to 
the Federal Government or a person with supervisory authority over the 
individual, or any other person working for the employer who has the 
authority to investigate, discover, or terminate misconduct, regarding:
    (i) Any violation of, or any act or omission the covered individual 
reasonably believes to be a violation of, the antitrust laws; or
    (ii) Any violation of, or any act or omission the covered individual 
reasonably believes to be a violation of, another criminal law committed 
in conjunction with a potential violation of the antitrust laws or in 
conjunction with an investigation by the Department of Justice of a 
potential violation of the antitrust laws; or

[[Page 992]]

    (2) To cause to be filed, testify in, participate in, or otherwise 
assist a Federal Government investigation or a Federal Government 
proceeding filed or about to be filed (with any knowledge of the 
employer) relating to:
    (i) Any violation of, or any act or omission the covered individual 
reasonably believes to be a violation of, the antitrust laws; or
    (ii) Any violation of, or any act or omission the covered individual 
reasonably believes to be a violation of, another criminal law committed 
in conjunction with a potential violation or in conjunction with an 
investigation by the Department of Justice of a potential violation of 
the antitrust laws.
    (3) The term violation with respect to the antitrust laws shall not 
be construed to include a civil violation of any law that is not also a 
criminal violation.
    (4) Paragraphs (b)(1) and (2) of this section shall not apply to any 
covered individual if the covered individual:
    (i) Planned and initiated a violation or attempted violation of the 
antitrust laws;
    (ii) Planned and initiated a violation or attempted violation of 
another criminal law in conjunction with a violation or attempted 
violation of the antitrust laws; or
    (iii) Planned and initiated an obstruction or attempted obstruction 
of an investigation by the Department of Justice of a violation of the 
antitrust laws.



Sec.  1991.103  Filing of retaliation complaint.

    (a) Who may file. A covered individual who believes that they have 
been discharged or otherwise retaliated against by any employer in 
violation of CAARA may file, or have filed by any person on their 
behalf, a complaint alleging such retaliation.
    (b) Nature of filing. No particular form of complaint is required. A 
complaint may be filed orally or in writing. Oral complaints will be 
reduced to writing by OSHA. If the complainant is unable to file the 
complaint in English, OSHA will accept the complaint in any language.
    (c) Place of filing. The complaint should be filed with the OSHA 
office responsible for enforcement activities in the geographical area 
where the complainant resides or was employed, but may be filed with any 
OSHA officer or employee. Addresses and telephone numbers for these 
officials are set forth in local directories and at the following 
internet address: http://www.osha.gov. Complaints may also be filed 
online at https://www.osha.gov/whistleblower/WBComplaint.html.
    (d) Time for filing. Within 180 days after an alleged violation of 
CAARA occurs, any person who believes that they have been retaliated 
against in violation of CAARA may file, or have filed by any person on 
their behalf, a complaint alleging such retaliation. The date of the 
postmark, facsimile transmittal, electronic filing or transmittal, 
telephone call, hand-delivery, delivery to a third-party commercial 
carrier, or in-person filing at an OSHA office will be considered the 
date of filing. The time for filing a complaint may be tolled for 
reasons warranted by applicable case law. For example, OSHA may consider 
the time for filing a complaint to be tolled if a complainant mistakenly 
files a complaint with an agency other than OSHA within 180 days after 
an alleged adverse action.



 Sec.  1991.104  Investigation.

    (a) OSHA will notify the respondent(s) and the complainant's 
employer (if different) of the filing of the complaint, of the 
allegations contained in the complaint, and of the substance of the 
evidence supporting the complaint. Such materials will be redacted, if 
necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and 
other applicable confidentiality laws. OSHA will also notify the 
respondent of its rights under paragraphs (b) and (f) of this section 
and Sec.  1991.110(e). OSHA will provide an unredacted copy of these 
same materials to the complainant (or the complainant's legal counsel if 
complainant is represented by counsel) and to the DOJ.
    (b) Within 20 days of receipt of the notice of the filing of the 
complaint provided under paragraph (a) of this section, the respondent 
may submit to OSHA a written statement and any affidavits or documents 
substantiating its position. Within the same 20 days,

[[Page 993]]

the respondent may request a meeting with OSHA to present its position.
    (c) During the investigation, OSHA will request that each party 
provide the other parties to the whistleblower complaint with a copy of 
submissions to OSHA that are pertinent to the whistleblower complaint. 
Alternatively, if a party does not provide its submissions to OSHA to 
the other party, OSHA generally will provide them to the other party (or 
the party's legal counsel if the party is represented by counsel) at a 
time permitting the other party an opportunity to respond. Before 
providing such materials to the other party, OSHA will redact them, if 
necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and 
other applicable confidentiality laws. OSHA will also provide each party 
with an opportunity to respond to the other party's submissions.
    (d) Investigations will be conducted in a manner that protects the 
confidentiality of any person who provides information on a confidential 
basis, other than the complainant, in accordance with 29 CFR part 70.
    (e)(1) A complaint will be dismissed unless the complainant has made 
a prima facie showing that a protected activity was a contributing 
factor in the adverse action alleged in the complaint.
    (2) The complaint, supplemented as appropriate by interviews of the 
complainant, must allege the existence of facts and evidence to make a 
prima facie showing as follows:
    (i) The individual engaged in a protected activity;
    (ii) The respondent knew or suspected that the individual engaged in 
the protected activity;
    (iii) The individual suffered an adverse action; and
    (iv) The circumstances were sufficient to raise the inference that 
the protected activity was a contributing factor in the adverse action.
    (3) For purposes of determining whether to investigate, the 
complainant will be considered to have met the required burden if the 
complaint on its face, supplemented as appropriate through interviews of 
the complainant, alleges the existence of facts and either direct or 
circumstantial evidence to meet the required showing, i.e., to give rise 
to an inference that the respondent knew or suspected that the 
individual engaged in protected activity and that the protected activity 
was a contributing factor in the adverse action. The burden may be 
satisfied, for example, if the complainant shows that the adverse action 
took place shortly after the protected activity. If the required showing 
has not been made, the complainant (or the complainant's legal counsel 
if complainant is represented by counsel) will be so notified and the 
investigation will not commence.
    (4) Notwithstanding a finding that a complainant has made a prima 
facie showing, as required by this section, further investigation of the 
complaint will not be conducted if the respondent demonstrates by clear 
and convincing evidence that it would have taken the same adverse action 
in the absence of the complainant's protected activity.
    (5) If the respondent fails to make a timely response or fails to 
satisfy its burden set forth in the prior paragraph, OSHA will proceed 
with the investigation. The investigation will proceed whenever it is 
necessary or appropriate to confirm or verify the information provided 
by the respondent.
    (f) Prior to the issuance of findings and a preliminary order as 
provided for in Sec.  1991.105, if OSHA has reasonable cause, on the 
basis of information gathered under the procedures of this part, to 
believe that the respondent has violated CAARA and that preliminary 
reinstatement is warranted, OSHA will contact the respondent (or the 
respondent's legal counsel if respondent is represented by counsel) to 
give notice of the substance of the relevant evidence supporting the 
complainant's allegations as developed during the course of the 
investigation. This evidence includes any witness statements, which will 
be redacted to protect the identity of confidential informants where 
statements were given in confidence; if the statements cannot be 
redacted without revealing the identity of confidential informants, 
summaries of their contents will be provided. The complainant will also 
receive a copy of the materials that must be provided to the respondent 
under this paragraph. Before

[[Page 994]]

providing such materials, OSHA will redact them, if necessary, 
consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other 
applicable confidentiality laws. The respondent will be given the 
opportunity to submit a written response, to meet with the investigator, 
to present statements from witnesses in support of its position, and to 
present legal and factual arguments. The respondent must present this 
evidence within 10 business days of OSHA's notification pursuant to this 
paragraph, or as soon thereafter as OSHA and the respondent can agree, 
if the interests of justice so require.



Sec.  1991.105  Issuance of findings and preliminary orders.

    (a) After considering all the relevant information collected during 
the investigation, the Assistant Secretary will issue, within 60 days of 
the filing of the complaint, written findings as to whether or not there 
is reasonable cause to believe that the respondent has retaliated 
against the complainant in violation of CAARA.
    (1) If the Assistant Secretary concludes that there is reasonable 
cause to believe that a violation has occurred, the Assistant Secretary 
will accompany the findings with a preliminary order providing relief to 
the complainant. The preliminary order will include all relief necessary 
to make the complainant whole including, where appropriate: 
reinstatement with the same seniority status that the complainant would 
have had, but for the retaliation; back pay with interest; and 
compensation for any special damages sustained as a result of the 
retaliation, including litigation costs, expert witness fees, and 
reasonable attorney fees. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621(a)(2) and will be compounded daily. Where appropriate, the 
preliminary order will also require the respondent to submit appropriate 
documentation to the Social Security Administration allocating any back 
pay award to the appropriate periods.
    (2) If the Assistant Secretary concludes that a violation has not 
occurred, the Assistant Secretary will notify the parties of that 
finding.
    (b) The findings and, where appropriate, the preliminary order will 
be sent by physical or electronic means that allow OSHA to confirm 
delivery to all parties of record (or each party's legal counsel if the 
party is represented by counsel). The findings and, where appropriate, 
the preliminary order will inform the parties of the right to object to 
the findings and/or order and to request a hearing, and of the right of 
the respondent to request an award of attorney fees not exceeding $1,000 
from the ALJ, regardless of whether the respondent has filed objections, 
if the respondent alleges that the complaint was frivolous or brought in 
bad faith. The findings and, where appropriate, the preliminary order, 
also will give the address of the Chief Administrative Law Judge, U.S. 
Department of Labor, or appropriate information regarding filing 
objections electronically with the Office of Administrative Law Judges 
if electronic filing is available. The findings also may specify the 
means, including electronic means, for serving OSHA and the Associate 
Solicitor for Fair Labor Standards with documents in the administrative 
litigation as required under this part. At the same time, the Assistant 
Secretary will file with the Chief Administrative Law Judge a copy of 
the original complaint and a copy of the findings and/or order.
    (c) The findings and any preliminary order will be effective 30 days 
after receipt by the respondent (or the respondent's legal counsel if 
the respondent is represented by counsel), or on the compliance date set 
forth in the preliminary order, whichever is later, unless an objection 
and/or a request for hearing has been timely filed as provided at Sec.  
1991.106. However, the portion of any preliminary order requiring 
reinstatement will be effective immediately upon the respondent's 
receipt of the findings and the preliminary order, regardless of any 
objections to the findings and/or the order.

[[Page 995]]



                          Subpart B_Litigation



Sec.  1991.106  Objections to the findings and the preliminary 
order and requests for a hearing.

    (a) Any party who desires review, including judicial review, of the 
findings and/or preliminary order, or a respondent alleging that the 
complaint was frivolous or brought in bad faith who seeks an award of 
attorney fees under CAARA, must file any objections and/or a request for 
a hearing on the record within 30 days of receipt of the findings and 
preliminary order pursuant to Sec.  1991.105. The objections and request 
for hearing and/or request for attorney fees must be in writing and must 
state whether the objections are to the findings, the preliminary order, 
or both, and/or whether there should be an award of attorney fees. The 
date of the postmark, facsimile transmittal, or electronic transmittal 
is considered the date of filing; if the objection is filed in person, 
by hand delivery, or other means, the objection is filed upon receipt. 
Objections must be filed with the Chief Administrative Law Judge, U.S. 
Department of Labor, in accordance with 29 CFR part 18, and copies of 
the objections must be served at the same time on the other parties of 
record, the OSHA official who issued the findings and order, the 
Assistant Secretary, and the Associate Solicitor, Division of Fair Labor 
Standards, U.S. Department of Labor. OSHA and the Associate Solicitor 
for Fair Labor Standards may specify the means, including electronic 
means, for serving them with copies of the objections.
    (b) If a timely objection is filed, all provisions of the 
preliminary order will be stayed, except for the portion requiring 
preliminary reinstatement, which will not be automatically stayed. The 
portion of the preliminary order requiring reinstatement will be 
effective immediately upon the respondent's receipt of the findings and 
preliminary order, regardless of any objections to the order. The 
respondent may file a motion with the Office of Administrative Law 
Judges for a stay of the Assistant Secretary's preliminary order of 
reinstatement, which shall be granted only based on exceptional 
circumstances. If no timely objection is filed with respect to either 
the findings or the preliminary order, the findings and/or the 
preliminary order will become the final decision of the Secretary, not 
subject to judicial review.



Sec.  1991.107  Hearings.

    (a) Except as provided in this part, proceedings will be conducted 
in accordance with the rules of practice and procedure for 
administrative hearings before the Office of Administrative Law Judges, 
codified at 29 CFR part 18, subpart A.
    (b) Upon receipt of an objection and request for hearing, the Chief 
Administrative Law Judge will promptly assign the case to an ALJ who 
will notify the parties of the day, time, and place of hearing. The 
hearing is to commence expeditiously, except upon a showing of good 
cause or unless otherwise agreed to by the parties. Hearings will be 
conducted de novo on the record. ALJs have broad discretion to limit 
discovery in order to expedite the hearing.
    (c) If both the complainant and the respondent object to the 
findings and/or order, the objections will be consolidated and a single 
hearing will be conducted.
    (d) Formal rules of evidence will not apply, but rules or principles 
designed to assure production of the most probative evidence will be 
applied. The ALJ may exclude evidence that is immaterial, irrelevant, or 
unduly repetitious.



Sec.  1991.108  Role of Federal agencies.

    (a)(1) The complainant and the respondent will be parties in every 
proceeding and must be served with copies of all documents in the case. 
At the Assistant Secretary's discretion, the Assistant Secretary may 
participate as a party or as amicus curiae at any time at any stage of 
the proceeding. This right to participate includes, but is not limited 
to, the right to petition for review of a decision of an ALJ, including 
a decision approving or rejecting a settlement agreement between the 
complainant and the respondent, and the right to seek discretionary 
review of a decision of the Administrative Review Board (ARB) from the 
Secretary.

[[Page 996]]

    (2) Parties must send copies of documents to OSHA and to the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor, only upon request of OSHA, or when OSHA is participating in 
the proceeding, or when service on OSHA and the Associate Solicitor is 
otherwise required by these rules. Except as otherwise provided in rules 
of practice and/or procedure before the OALJ or the ARB, OSHA and the 
Associate Solicitor for Fair Labor Standards may specify the means, 
including electronic means, for serving them with documents under this 
section.
    (b) The DOJ, if interested in a proceeding, may participate as 
amicus curiae at any time in the proceeding, at the DOJ's discretion. At 
the request of the DOJ, copies of all documents in a case must be sent 
to the DOJ, whether or not it is participating in the proceeding.



Sec.  1991.109  Decisions and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings, 
conclusions, and an order pertaining to the remedies provided in 
paragraph (d) of this section, as appropriate. A determination that a 
violation has occurred may be made only if the complainant has 
demonstrated by a preponderance of the evidence that protected activity 
was a contributing factor in the adverse action alleged in the 
complaint.
    (b) If the complainant has satisfied the burden set forth in the 
prior paragraph, relief may not be ordered if the respondent 
demonstrates by clear and convincing evidence that it would have taken 
the same adverse action in the absence of any protected activity.
    (c) Neither OSHA's determination to dismiss a complaint without 
completing an investigation pursuant to Sec.  1991.104(e) nor OSHA's 
determination to proceed with an investigation is subject to review by 
the ALJ, and a complaint may not be remanded for the completion of an 
investigation or for additional findings on the basis that a 
determination to dismiss was made in error. Rather, if there otherwise 
is jurisdiction, the ALJ will hear the case on the merits or dispose of 
the matter without a hearing if the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the 
law, the ALJ will issue an order providing all relief necessary to make 
the complainant whole, including, where appropriate: reinstatement with 
the same seniority status that the complainant would have had, but for 
the retaliation; back pay with interest; and compensation for any 
special damages sustained as a result of the retaliation, including 
litigation costs, expert witness fees, and reasonable attorney fees. 
Interest on back pay will be calculated using the interest rate 
applicable to underpayment of taxes under 26 U.S.C. 6621(a)(2) and will 
be compounded daily. The order will also require the respondent to 
submit appropriate documentation to the Social Security Administration 
allocating any back pay award to the appropriate periods.
    (2) If the ALJ determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ALJ determines that a complaint was frivolous or 
was brought in bad faith, the ALJ may award to the respondent a 
reasonable attorney fee, not exceeding $1,000.
    (e) The decision will be served upon all parties to the proceeding, 
the Assistant Secretary, and the Associate Solicitor, Division of Fair 
Labor Standards, U.S. Department of Labor. OSHA and the Associate 
Solicitor for Fair Labor Standards may specify the means, including 
electronic means, for service of decisions on them under this section. 
Any ALJ's decision requiring reinstatement or lifting an order of 
reinstatement by the Assistant Secretary will be effective immediately 
upon receipt of the decision by the respondent. All other portions of 
the ALJ's order will be effective 30 days after the date of the decision 
unless a timely petition for review has been filed with the ARB. The 
decision of the ALJ will become the final order of the Secretary unless 
a petition for review is timely filed with the ARB and the ARB accepts 
the petition for review.

[[Page 997]]



Sec.  1991.110  Decisions and orders of the Administrative Review Board.

    (a) Any party desiring to seek review, including judicial review, of 
a decision of the ALJ, or a respondent alleging that the complaint was 
frivolous or brought in bad faith who seeks an award of attorney fees, 
must file a written petition for review with the ARB, which has been 
delegated the authority to act for the Secretary and issue decisions 
under this part subject to the Secretary's discretionary review. The 
parties should identify in their petitions for review the legal 
conclusions or orders to which they object, or the objections may be 
deemed waived. A petition must be filed within 30 days of the date of 
the decision of the ALJ. All petitions and documents submitted to the 
ARB must be filed in accordance with 29 CFR part 26. The date of the 
postmark, facsimile transmittal, or electronic transmittal will be 
considered to be the date of filing; if the petition is filed in person, 
by hand delivery, or other means, the petition is considered filed upon 
receipt. The petition must be served on all parties and on the Chief 
Administrative Law Judge at the time it is filed with the ARB. The 
petition for review also must be served on the Assistant Secretary and 
on the Associate Solicitor, Division of Fair Labor Standards, U.S. 
Department of Labor. OSHA and the Associate Solicitor for Fair Labor 
Standards may specify the means, including electronic means, for service 
of petitions for review on them under this section.
    (b) If a timely petition for review is filed pursuant to paragraph 
(a) of this section, the decision of the ALJ will become the final order 
of the Secretary unless the ARB, within 30 days of the filing of the 
petition, issues an order notifying the parties that the case has been 
accepted for review. If a case is accepted for review, the decision of 
the ALJ will be inoperative unless and until the ARB issues an order 
adopting the decision, except that any order of reinstatement will be 
effective while review is conducted by the ARB, unless the ARB grants a 
motion by the respondent to stay that order based on exceptional 
circumstances. The ARB will specify the terms under which any briefs are 
to be filed. The ARB will review the factual determinations of the ALJ 
under the substantial evidence standard. If a timely petition for review 
is not filed, or the ARB denies review, the decision of the ALJ will 
become the final order of the Secretary. If a timely petition for review 
is not filed, the resulting final order is not subject to judicial 
review.
    (c) The decision of the ARB will be issued within 120 days of the 
conclusion of the hearing, which will be deemed to be 30 days after the 
decision of the ALJ, unless a motion for reconsideration has been filed 
with the ALJ in the interim. In such case, the conclusion of the hearing 
is the date the motion for reconsideration is ruled upon or 30 days 
after a new decision is issued. The ARB's decision will be served upon 
all parties and the Chief Administrative Law Judge. The decision will 
also be served on the Assistant Secretary and on the Associate 
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, 
even if the Assistant Secretary is not a party. OSHA and the Associate 
Solicitor for Fair Labor Standards may specify the means, including 
electronic means, for service of ARB decisions on them under this 
section.
    (d) If the ARB concludes that the respondent has violated the law, 
the ARB will issue an order providing all relief necessary to make the 
complainant whole. The order will require, where appropriate: 
reinstatement with the same seniority status that the complainant would 
have had, but for the retaliation; back pay with interest; and 
compensation for any special damages sustained as a result of the 
retaliation, including litigation costs, expert witness fees, and 
reasonable attorney fees. Interest on back pay will be calculated using 
the interest rate applicable to underpayment of taxes under 26 U.S.C. 
6621(a)(2) and will be compounded daily. The order will also require the 
respondent to submit appropriate documentation to the Social Security 
Administration allocating any back pay award to the appropriate periods. 
Such order is subject to discretionary review by the Secretary (as 
provided in Secretary's Order 01-2020 or any successor to that order).

[[Page 998]]

    (e) If the ARB determines that the respondent has not violated the 
law, an order will be issued denying the complaint. If, upon the request 
of the respondent, the ARB determines that a complaint was frivolous or 
was brought in bad faith, the ARB may award to the respondent a 
reasonable attorney fee, not exceeding $1,000. An order under this 
section is subject to discretionary review by the Secretary (as provided 
in Secretary's Order 01-2020 or any successor to that order).



                   Subpart C_Miscellaneous Provisions



Sec.  1991.111  Withdrawal of complaints, findings, objections, 
and petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant 
Secretary's findings and/or preliminary order, a complainant may 
withdraw the complaint by notifying OSHA, orally or in writing, of the 
withdrawal. OSHA then will confirm in writing the complainant's desire 
to withdraw and determine whether to approve the withdrawal. OSHA will 
notify the parties (or each party's legal counsel if the party is 
represented by counsel) of the approval of any withdrawal. If the 
complaint is withdrawn because of settlement, the settlement must be 
submitted for approval in accordance with paragraph (d) of this section. 
A complainant may not withdraw the complaint after the filing of 
objections to the Assistant Secretary's findings and/or preliminary 
order.
    (b) The Assistant Secretary may withdraw the findings and/or 
preliminary order at any time before the expiration of the 30-day 
objection period described in Sec.  1991.106, provided that no objection 
has been filed yet, and substitute new findings and/or a new preliminary 
order. The date of the receipt of the substituted findings or order will 
begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or 
order become final, a party may withdraw objections to the Assistant 
Secretary's findings and/or order by filing a written withdrawal with 
the ALJ. If the case is on review with the ARB, a party may withdraw a 
petition for review of an ALJ's decision at any time before that 
decision becomes final by filing a written withdrawal with the ARB. The 
ALJ or the ARB, as the case may be, will determine whether to approve 
the withdrawal of the objections or the petition for review. If the ALJ 
approves a request to withdraw objections to the Assistant Secretary's 
findings and/or order, and there are no other pending objections, the 
Assistant Secretary's findings and/or order will become the final order 
of the Secretary. If the ARB approves a request to withdraw a petition 
for review of an ALJ decision, and there are no other pending petitions 
for review of that decision, the ALJ's decision will become the final 
order of the Secretary. If objections or a petition for review are 
withdrawn because of settlement, the settlement must be submitted for 
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a 
complaint, but before the findings and/or order are objected to or 
become a final order by operation of law, the case may be settled if 
OSHA, the complainant, and the respondent agree to a settlement. OSHA's 
approval of a settlement reached by the respondent and the complainant 
demonstrates OSHA's consent and achieves the consent of all three 
parties.
    (2) Adjudicatory settlements. At any time after the filing of 
objections to the Assistant Secretary's findings and/or order, the case 
may be settled if the participating parties agree to a settlement and 
the settlement is approved by the ALJ if the case is before the ALJ, or 
by the ARB if the ARB has accepted the case for review. If the Secretary 
has accepted the case for discretionary review, or directed that the 
case be referred for discretionary review, the settlement must be 
approved by the Secretary. A copy of the settlement will be filed with 
the ALJ or the ARB, as appropriate.
    (e) Any settlement approved by OSHA, the ALJ, the ARB or the 
Secretary will constitute the final order of the Secretary and may be 
enforced in United States district court pursuant to Sec.  1991.113.

[[Page 999]]



Sec.  1991.112  Judicial review.

    (a) Within 60 days after the issuance of a final order for which 
judicial review is available (including a decision issued by the 
Secretary upon discretionary review), any person adversely affected or 
aggrieved by the order may file a petition for review of the order in 
the United States Court of Appeals for the circuit in which the 
violation allegedly occurred or the circuit in which the complainant 
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal 
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of the 
case, including the record of proceedings before the ALJ, will be 
transmitted by the ARB or the ALJ, as the case may be, to the 
appropriate court pursuant to the Federal Rules of Appellate Procedure 
and the local rules of such court.



Sec.  1991.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order of 
reinstatement or a final order issued by the Secretary under CAARA, 
including one approving a settlement agreement, the Secretary or the 
person on whose behalf the order was issued may file a civil action 
seeking enforcement of the order in the United States district court for 
the district in which the violation was found to have occurred.



Sec.  1991.114  District court jurisdiction of retaliation complaints.

    (a) If the Secretary has not issued a final decision within 180 days 
of the filing of the complaint, and there is no showing that there has 
been delay due to the bad faith of the complainant, the complainant may 
bring an action at law or equity for de novo review in the appropriate 
district court of the United States, which will have jurisdiction over 
such an action without regard to the amount in controversy.
    (b) A proceeding under paragraph (a) of this section shall be 
governed by the same legal burdens of proof specified in Sec.  1991.109.
    (c) Within seven days after filing a complaint in federal court, a 
complainant must file with OSHA, the ALJ, or the ARB, depending on where 
the proceeding is pending, a copy of the file-stamped complaint. A copy 
of the complaint also must be served on the OSHA official who issued the 
findings and/or preliminary order, the Assistant Secretary, and the 
Associate Solicitor, Division of Fair Labor Standards, U.S. Department 
of Labor.



Sec.  1991.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of these 
rules, or for good cause shown, the ALJ or the ARB on review may, upon 
application, and after three days' notice to all parties, waive any rule 
or issue such orders that justice or the administration of CAARA 
requires.

                       PARTS 1992	1999 [RESERVED]

[[Page 1001]]



                              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 1003]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      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 1004]]

     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)
        LX  Federal Communications Commission (Parts 6000--6099)

                        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)

[[Page 1005]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    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)

[[Page 1006]]

    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    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)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      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)

[[Page 1007]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [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]

[[Page 1008]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         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]

[[Page 1009]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, 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 1010]]

      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 1011]]

                     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 1012]]

                          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 1013]]

        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 1014]]

        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 1015]]

         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 1016]]

                          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 1017]]

       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  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 1018]]

       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 1019]]

                       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 1020]]

                      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 1021]]

        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 1022]]

        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 1023]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  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 1024]]

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 1025]]

  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
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 1026]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 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

[[Page 1027]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
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 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
Indian Arts and Crafts Board                      25, II

[[Page 1028]]

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
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
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 1029]]

  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 1030]]

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 1031]]

  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 1033]]



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, 2018 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.

                                  2018

29 CFR
                                                                   83 FR
                                                                    Page
Chapter XVII
1926.1--1926.1442 (Subpart A) Authority citation revised............9703
1926.5 Table amended................................................9703
1926.60 (o)(8)(ii) removed; CFR correction.........................15499
1926.1427 Revised..................................................56244
1926.1430 (c)(1) and (2) revised; (c)(3) removed; (c)(4) 
        redesignated as new (c)(3).................................56247

                                  2019

29 CFR
                                                                   84 FR
                                                                    Page
Chapter XVII
1926.5 Table amended...............................................34785
1926.6 (g), (h), (j), (k), (l), (m) through (p), (u), (v), (w), 
        (x), (y), (aa), (dd), (ee), and (ff) redesignated as (d), 
        (e), (g), (i), new (h), (j) through (m), (n), new (o), new 
        (p), (r), (s), (t), (u), (v), and (f); new (r)(1), new 
        (2), and new (3) redesignated as (r)(4), (5), and (6); 
        (d)(2), (i)(2), (l)(2), (m)(2), (o)(2), (q), new (r)(1), 
        new (2), new (3), and (v)(2) added; (a), (b), (c), new 
        (f)(1), new (2), new (n), new (t)(2), and new (u) revised; 
        new (f)(3), new (4), (z), (bb), and (cc) removed; eff. 7-
        15-19......................................................21574
1926.50--1926.66 (Subpart D) Authority citation revised; eff. 7-
        15-19......................................................21575
1926.50 (f) revised; eff. 7-15-19..................................21575
1926.55 Appendix A amended; table redesignated as Table 1; table 
        redesignated as Table 2; new Table 1 and new Table 2 
        amended; (a), (c), footnote 2, footnote 3, footnote 5, and 
        footnote * revised; footnote 4 and ** removed; eff. 7-15-
        19.........................................................21576
1926.60 (o)(4)(ii)(F) and (5)(ii)(A) amended; eff. 7-15-19.........21597

[[Page 1034]]

1926.62 (d)(5), (n)(1)(ii)(D), (2)(ii)(A), (3)(ii)(A), and 
        appendix B amended; eff. 7-15-19...........................21597
1926.64 Revised; eff. 7-15-19......................................21576
1926.65 (f)(8)(ii)(A) amended; eff. 7-15-19........................21597
1926.104 (c) revised; eff. 7-15-19.................................21577
1926.200 (g) revised; eff. 7-15-19.................................21577
1926.201 (a) revised; eff. 7-15-19.................................21577
1926.202 Removed; eff. 7-15-19.....................................21577
1926.203 Removed; eff. 7-15-19.....................................21577
1926.250 (a)(2) revised; eff. 7-15-19..............................21577
1926.800 (k)(10) revised; eff. 7-15-19.............................21577
1926.1000--1926.1003 (Subpart W) Authority citation revised; eff. 
        7-15-19....................................................21577
1926.1000 Heading, (a), (b), and (c) revised; eff. 7-15-19.........21577
1926.1001 Revised; eff. 7-15-19....................................21578
1926.1002 (a) through (d) revised; (e) through (i) and (k) 
        removed; (j) redesignated as new (e); new (e)(3) removed; 
        eff. 7-15-19...............................................21578
1926.1003 Revised; eff. 7-15-19....................................21578
1926.1000--1926.1003 (Subpart W) Appendix A removed; eff. 7-15-19 
                                                                   21579
1926.1100--1926.1153 (Subpart Z) Authority citation revised; eff. 
        7-15-19....................................................21579
1926.1101 (m)(2)(ii)(C), appendix D, appendix E, and appendix I 
        revised; eff. 7-15-19......................................21579
1926.1101 (n)(2)(ii)(F) and (3)(ii)(A) amended; eff. 7-15-19.......21597
1926.1124 (o)(2) revised...........................................51400
1926.1126 (k)(1)(ii)(F) and (4)(ii)(A) amended; eff. 7-15-19.......21597
1926.1127 (l)(4)(ii)(C) revised; (d)(2)(iv), (n)(1)(ii)(B), and 
        (3)(ii)(A) amended; eff. 7-15-19...........................21597
1926.1129 Removed; eff. 7-15-19....................................21597
1926.1153 (j)(1)(ii)(G) and (3)(ii)(A) amended; eff. 7-15-19.......21597

                                  2020

29 CFR
                                                                   85 FR
                                                                    Page
Chapter XVII
1926.20 Correction: (c) revised.....................................8735
1926.62 Correction: (d)(2)(iii) introductory text, (iv), (3)(iii), 
        and (4)(ii) revised; appendix B amended.....................8735
1926.65 Correction: (a)(2)(i), (g)(2), (l)(3)(vi), (p)(8)(iv)(E), 
        and (q)(3)(iii) revised; appendix A amended.................8736
1926.400--1926.449 (Subpart K) Correction: authority citation 
        revised.....................................................8736
1926.405 Correction: (g)(1)(iii)(C) revised.........................8736
1926.452 Correction: (a)(3) and (w)(6)(ii) revised..................8736
1926.450--1926.454 (Subpart L) Correction: appendix E amended.......8736
1926.500--1926.503 (Subpart M) Correction: appendix A revised.......8738
1926.550--1926.555 (Subpart N) Correction: authority citation 
        revised.....................................................8743
1926.552 Correction: (c)(17)(iv)(a) through (e) redesignated as 
        (c)(17)(iv)(A) through (E)..................................8743
1926.650--1926.652 (Subpart P) Correction: authority citation 
        revised.....................................................8743
1926.650--1926.652 (Subpart P) Correction: appendix A revised.......8743
1926.750--1926.761 (Subpart R) Correction: authority citation 
        revised.....................................................8745
1926.754 Correction: (c)(2) revised.................................8745
1926.757 Correction: Table A and Table B amended....................8745
1926.761 Correction: (b) revised....................................8745
1926.968 Correction: amended........................................8745
1926.1101 Correction: (e)(4), (f)(3)(iii), (g)(7) heading, (8)(v) 
        introductory text, (n)(2)(iii), (3)(i), (iii), and (p)(1) 
        revised; appendix K amended.................................8746

[[Page 1035]]

1926.1124 (f)(1)(i)(B) through (E), (H), (g)(1)(iv), (h)(3)(iii), 
        (i), (k)(1)(i)(C), and (m)(2) removed; (f)(1)(i)(F), (G), 
        (I), (g)(1)(v), (k)(1)(i)(D), (7)(ii) through (v), and 
        (m)(3) redesignated as (f)(1)(i)(B) through (D), new 
        (g)(1)(iv), new (k)(1)(i)(C), (7)(iii) through (vi), and 
        new (m)(2); new (m)(2)(ii)(E) through (I) further 
        redesignated as (m)(2)(ii)(D) through (H); (f)(1)(i)(A), 
        (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, new (m)(2)(i) introductory text, 
        (ii)(A), new (ii)(D), new (iv), (n)(1)(ii)(F), (3)(ii)(A), 
        and (4)(i) revised; (b) and new (f)(1)(i)(D) amended; new 
        (f)(1)(i)(E), new (F), and new (k)(7)(ii) added; new 
        (m)(2)(ii)(D) removed......................................53997
1926.1127 Correction: (d)(1)(i), (n)(1)(iii), and (3)(iii) 
        revised; (n)(5) removed.....................................8746
1926.1400 (c)(18) added............................................57122
1926.1431 Correction: (a) revised...................................8746
1926.1442 Redesignated as 1926.1443; new section added.............57122
1926.1443 Redesignated from 1926.1442..............................57122
1978 Authority citation revised.............................13034, 30620
1978.110 (a), (c), (d), and (e) revised.....................13034, 30620
1978.112 (a) revised........................................13035, 30620
1979.110 (a), (c), (d), and (e) revised.....................13035, 30620
1979.112 (a) revised........................................13035, 30621
1980 Authority citation revised.............................13035, 30621
1980.110 (a), (c), (d), and (e) revised.....................13035, 30621
1980.112 (a) revised........................................13036, 30622
1981.110 (a), (c), (d), and (e) revised.....................13036, 30622
1981.112 (a) revised........................................13036, 30622
1982 Authority citation revised.............................13037, 30622
1982.110 (a), (c), (d), and (e) revised.....................13037, 30622
1982.112 (a) revised........................................13037, 30623
1983 Authority citation revised.............................13037, 30623
1983.110 (a), (c), (d), and (e) revised.....................13037, 30623
1983.112 (a) revised........................................13038, 30623
1984 Authority citation revised.............................13038, 30623
1984.110 (a), (c), (d), and (e) revised.....................13038, 30623
1984.112 (a) revised........................................13038, 30624
1985 Authority citation revised.............................13038, 30624
1985.110 (a), (c), (d), and (e) revised.....................13038, 30624
1985.112 (a) revised........................................13039, 30625
1986 Authority citation revised.............................13039, 30625
1986.110 (a), (c), (d), and (e) revised.....................13039, 30625
1986.112 (a) revised........................................13039, 30625
1987 Authority citation revised.............................13040, 30625
1987.110 (a), (c), (d), and (e) revised.....................13040, 30625
1987.112 (a) revised........................................13040, 30626
1988 Authority citation revised.............................13040, 30626
1988.110 (a), (c), (d), and (e) revised.....................13040, 30626
1988.112 (a) revised........................................13041, 30626

                                  2021

29 CFR
                                                                   86 FR
                                                                    Page
Chapter XVII
1926 Authority citation revised....................................61555
1926 Policy statement..............................................64366
1926 Comment period extended.......................................68560
1926 Technical correction..........................................69586
1926.58 Added; interim.............................................61555
1926.1124 Correction: (k)(7)(ii) revised...........................11120
1928 Policy statement..............................................64366
1928 Authority citation revised....................................61555
1928 Comment period extended.......................................68560
1928 Technical correction..........................................69586
1928.21 (a)(8) added; interim......................................61555
1977 Authority citation revised....................................49476
1977.6 (b) revised.................................................49476
1978 Authority citation revised.....................................1787
1978.105 (b) revised................................................1788
1978.106 (a) revised................................................1788

[[Page 1036]]

1978.107 (b) revised................................................1788
1978.110 (c) revised................................................1788
1979 Authority citation revised.....................................1788
1979.105 (b) revised................................................1788
1979.106 (a) revised................................................1788
1979.107 (b) revised................................................1788
1979.110 (a) and (c) revised........................................1789
1980 Authority citation revised.....................................1789
1980.105 (b) revised................................................1789
1980.106 (a) revised................................................1789
1980.107 (b) revised................................................1789
1980.110 (c) revised................................................1789
1981 Authority citation revised.....................................1790
1981.105 (b) revised................................................1790
1981.106 (a) revised................................................1790
1981.107 (b) revised................................................1790
1981.110 (c) revised................................................1790
1982 Authority citation revised.....................................1790
1982.105 (b) revised................................................1790
1982.106 (a) revised................................................1790
1982.107 (b) revised................................................1791
1982.110 (c) revised................................................1791
1983 Authority citation revised.....................................1791
1983.105 (b) revised................................................1791
1983.106 (a) revised................................................1791
1983.107 (b) revised................................................1791
1983.110 (c) revised................................................1791
1984 Authority citation revised.....................................1791
1984.105 (b) revised................................................1791
1984.106 (a) revised................................................1792
1984.107 (b) revised................................................1792
1984.110 (c) revised................................................1792
1985 Authority citation revised.....................................1792
1985.105 (b) revised................................................1792
1985.106 (a) revised................................................1792
1985.107 (b) revised................................................1793
1985.110 (c) revised................................................1793
1986 Authority citation revised.....................................1793
1986.105 (b) revised................................................1793
1986.106 (a) revised................................................1793
1986.107 (b) revised................................................1793
1986.110 (c) revised................................................1793
1986.110 Correction: heading and (c) revised..................7808, 8687
1987 Authority citation revised.....................................1793
1987.105 (b) revised................................................1793
1987.106 (a) revised................................................1794
1987.107 (b) revised................................................1794
1987.110 (c) revised................................................1794
1988 Authority citation revised.....................................1794
1988.105 (b) revised................................................1794
1988.106 (a) revised................................................1794
1988.107 (b) revised................................................1794
1988.110 (c) revised................................................1794

                                  2022

29 CFR
                                                                   87 FR
                                                                    Page
Chapter XVII
1926.50--1926.66 (Subpart D) Correction: Authority citation 
        revised....................................................38986
1926.62 CFR correction: (d)(4)(ii) revised.........................38657
1926.62 Correction: (d)(2)(iv) revised.............................38986
1952 Authority citation revised....................................50775
1952.29 Added......................................................50775
1989 Added; interim................................................12583

                                  2023

   (Regulations published from January 1, 2023, through July 1, 2023)

29 CFR
                                                                   88 FR
                                                                    Page
1952 Notification..................................................16880
1989.110 (a) revised...............................................15273
1991 Added; interim.................................................8763


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