[Congressional Record Volume 143, Number 2 (Thursday, January 9, 1997)]
[House]
[Pages H95-H103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NOTICE OF ADOPTION OF REGULATIONS

                                                    U.S. Congress,


                                         Office of Compliance,

                                Washington, DC, December 20, 1996.
     Hon. Newt Gingrich,
     Speaker of the House, U.S. House of Representatives, 
         Washington, DC.
       Dear Mr. Speaker: Pursuant to Section 304(b) of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 
     Sec. 1384(b)), I am transmitting on behalf of the Board of 
     Directors the enclosed notice of adoption of regulations, 
     together with a copy of the regulations for publication in 
     the Congressional Record. The adopted regulations are being 
     issued pursuant to 215(d).
       The Congressional Accountability Act specifies that the 
     enclosed notice be published on the first day on which both 
     Houses are in session following this transmittal.
           Sincerely,
                                                    Glen D. Nager,
                                               Chair of the Board.
       Enclosure.


                          office of compliance

       The Congressional Accountability Act of 1995: Extension of 
     Rights and Protections Under the Occupational Safety and 
     Health Act of 1970.


      notice of adoption of regulation and submission for approval

       Summary: The Board of Directors, Office of Compliance, 
     after considering comments to its Notice of Proposed 
     Rulemaking published September 19, 1996, in the Congressional 
     Record, has adopted, and is submitting for approval by the 
     Congress, final regulations implementing section 215 of the 
     Congressional Accountability Act of 1995 (``CAA'').
       For Further Information Contact: Executive Director, Office 
     of Compliance, Room LA 200, Library of Congress, Washington, 
     D.C. 20540-1999. Telephone: (202) 724-9250. TDD: (202) 426-
     1912.
       Supplementary Information:

                         Background and Summary

       The Congressional Accountability Act of 1995 (``CAA''), 
     P.L. 104-1, was enacted into law on January 23, 1995. 2 
     U.S.C. Sec. Sec. 1301 et seq. In general, the CAA applies the 
     rights and protections of eleven federal labor and employment 
     statutes to covered employees and employing offices within 
     the legislative branch. Section 215(a) provides that each 
     employing office and each covered employee shall comply with 
     the provisions of section 5 of the Occupational Safety and 
     Health Act of 1970, 29 U.S.C. Sec. 654 (``OSHAct''). 2 U.S.C. 
     Sec. 1341(a).
       Section 215(d) of the CAA requires the Board of Directors 
     of the Office of Compliance established under the CAA to 
     issue regulations implementing the section. 2 U.S.C. 
     Sec. 1341(d). Section 215(d) further states that such 
     regulations ``shall be the same as substantive regulations 
     promulgated by the Secretary of Labor to implement the 
     statutory provisions referred to in subsection (a) except to 
     the extent that the Board may determine, for good cause shown 
     and stated together with the regulation, that a modification 
     of such regulations would be more effective for the 
     implementation of the rights and protections under this 
     section.'' Id. Section 215(d) further provides that the 
     regulations ``shall include a method of identifying, for 
     purposes of this section and for different categories of 
     violations of subsection (a), the employing office 
     responsible for correction of a particular violation.'' Id.
       On September 19, 1996, the Board published in the 
     Congressional Record a Notice of Proposed Rulemaking 
     (``NPR'') (142 Cong. Rec. S11019 (daily ed., Sept. 19, 
     1996)). In response to the NPR, the Board received four 
     written comments, two of which were from offices within the 
     Legislative Branch and two of which were from labor 
     organizations. After full consideration of the comments 
     received in response to the proposed regulations, the Board 
     has adopted and is submitting these regulations for approval 
     by the Congress pursuant to section 304(c) of the CAA.
     I. Summary of Comments and Board's Final Rules
       A. Request for Additional Rulemaking Proceedings
       One commenter requested that the Board withdraw its 
     proposed regulations and engage in what it terms 
     ``investigative rulemaking,'' a process that apparently is to 
     include discussions with involved parties regarding the 
     nature and scope of the regulations. This commenter expressed 
     the concern that affected parties had not been sufficiently 
     involved in the rulemaking process and have been discouraged 
     from providing meaningful comments. Specifically, the 
     commenter objected to the following actions of the Board: (1) 
     providing a comment period of no more than 30 days; (2) 
     issuing a notice of proposed rulemaking without first 
     issuing an advance notice of proposed rulemaking; (3) 
     issuing proposed regulations under section 215 
     concurrently with proposed regulations under section 210 
     and shortly before the Congress had adjourned sine die; 
     (4) stating in the NPR that nomenclature and other 
     technical changes were made to the adopted regulations, 
     but not specifically cataloguing each of those changes in 
     the summary of the proposed rules; and (5) not providing a 
     record of consultations between the Office and 
     representatives of the Department of Labor in the NPR.
       The Board has considered each of the above concerns and, 
     after careful evaluation of them, has determined that further 
     rulemaking proceedings, with their concomitant costs and 
     delays, are not warranted in this context.
       1. The request for an extended comment period and for 
     ``investigatory'' rulemaking. The rulemaking procedure 
     employed by the Board in this context is substantially 
     similar to that employed by the Board with respect to every 
     other regulation promulgated thus far under the CAA; and it 
     complies with the required procedures under section 304 of 
     the CAA. Specifically, section 304(b) generally requires the 
     Board to issue a notice of proposed rulemaking and to provide 
     a comment period of at least 30 days. The Board has done so. 
     Nor is there any reason to believe that a significant 
     extension of the comment period beyond 30 days or a resort to 
     alternative forms of rulemaking would result in a different 
     rulemaking comment record, either qualitatively or 
     quantitatively: The Board's rulemaking record includes an 
     extensive report from its General Counsel--a report which 
     itself was prepared on the basis of an extensive 
     investigation by the General Counsel and with the invited 
     participation of all employing offices. In addition, the 
     General Counsel met with representatives of a number of 
     employing offices prior to the inspections, including the 
     Architect of the Capitol, concerning the appropriate 
     standards to be applied to Legislative Branch facilities. 
     Moreover, no commenter claimed an inability in this 
     rulemaking proceeding to adequately present its views through 
     written submissions. Indeed, the only specific request for an 
     extension of the comment period came from this particular 
     commenter, who requested an extension of only one day, which 
     was granted. No request for further time was sought by the 
     commenter or by any other person or organization. Finally, a 
     review of the comments received tends to reinforce the 
     Board's view that an extended comment period, hearings, and/
     or other additional forms of rulemaking proceedings would 
     only result in the addition to the record of information 
     which would at most duplicate or corroborate the written 
     comments without providing further insight into or 
     elucidation of the issues involved.
       2. Failure to issue an Advance Notice of Proposed 
     Rulemaking. Although not expressly provided for in the 
     Administrative Procedure Act (``APA''), an advance notice of 
     proposed rulemaking (``ANPR'') is sometimes used by 
     administrative agencies to seek information from the public 
     to assist in framing a notice of proposed rulemaking and to 
     narrow the issues during the public comment period on the 
     proposed rules ultimately developed. See, e.g., 52 Fed. Reg. 
     38,794 (1987) (preliminary notice for Medicare anti-kickback 
     regulations). Thus, in prior rulemakings, the Board has 
     sometimes used ANPRs to obtain views regarding interpretation 
     of statutory provisions in the CAA that had not previously 
     been interpreted by the Board and to obtain general 
     information regarding conditions within the Legislative 
     Branch that may bear on rulemaking questions. See e.g., 141 
     Cong. Rec. S14542 (daily ed. Sept. 28, 1995) (ANPR seeking 
     information regarding, inter alia, the standard for 
     determining whether and to what extent regulations under the 
     CAA should be modified for ``good cause,'' whether 
     regulations imposing notice posting and recordkeeping 
     requirements are included within the CAA; whether certain 
     regulations constituted ``substantive regulations;'' and 
     whether the concept of ``joint employer status'' is 
     applicable under the CAA). From these prior rulemaking 
     proceedings, the Board has developed a body of 
     interpretations of the CAA upon which it has drawn in 
     developing the proposed rules in this rulemaking.
       In contrast to those earlier rulemaking proceedings, here 
     no ANPR was necessary or appropriate. Both the Board and its 
     statutory appointees have now had over a year's experience in 
     addressing regulatory issues governing the Legislative Branch 
     and have collected a body of institutional knowledge and 
     experience that makes the open-ended information gathering 
     techniques such as an ANPR less needed. Indeed, the 
     rulemaking experience under the CAA over the last year has 
     shown that ANPRs have become less useful over time. For 
     example, although the Board received twelve separate 
     responses to the first ANPR that it issued in September of 
     1995, the most recent ANPR issued by the Board, regarding 
     rulemaking under section 220(e), elicited only 2 comments 
     directed to section 220(e), neither of which addressed the 
     precise questions posed by the Board in that ANPR. See 142 
     Cong. Rec. S5552 (daily ed. May 23, 1996) (NPR regarding 
     section 220(e)). And, in this context, there is no reason to 
     believe that further comments beyond those received in 
     response to the NPR would have been received had an ANPR been 
     issued.
       More to the point, there is no reason to believe that 
     procedures other than the traditional notice-and-comment 
     procedures outlined in section 304 of the CAA would develop 
     any further useful information in the context of rulemaking 
     under section 215--especially given the information already 
     gathered by the Office regarding these issues.

[[Page H96]]

     Among other things, the General Counsel has conducted an 
     inspection of all facilities within the Legislative Branch 
     for compliance with health and safety standards under 
     sections 215 and disability access standards under section 
     210, utilizing as guidelines standards that were in a form 
     virtually identical to the regulations which the Board has 
     proposed. The General Counsel also sent detailed inspection 
     questionnaires to each Member of the House of Representatives 
     and to each Member of the Senate regarding compliance with 
     health and safety and disability access standards in District 
     and Home State offices. The General Counsel's reports 
     regarding compliance issues under sections 210 and 215 of the 
     CAA were submitted June 28, 1996 and detailed the application 
     of safety and health and disability regulations to conditions 
     within the legislative branch. Copies of those reports were 
     delivered in July 1996 to each Senator and Representative, to 
     each committee of Congress, and to representatives of every 
     other employing office in the Legislative Branch, including 
     the commenter. No comments were received from anyone 
     concerning the appropriateness of applying any such 
     regulations to Legislative Branch offices, and the commenter 
     has not provided any here.
       Where, as here, an ANPR would not likely result in receipt 
     of additional useful information to develop a proposed rule, 
     there is also the concern that its use might be viewed as 
     evidence of procrastination in the face of an obligation to 
     proceed quickly with important rulemaking activity. Cf. 
     United Steelworkers of America v. Pendergrass, 819 F.2d 1263, 
     1268 (3d Cir. 1987) (challenge to OSHA's failure to issue 
     revised rule on hazard communication in response to court 
     remand; court was extremely critical of OSHA having published 
     an ANPR to supplement original record); Administrative 
     Conference of the United States Recommendation No. 87-10, 
     ``Regulation by the Occupational Safety and Health 
     Administration,'' published at 1 C.F.R. Sec. 305.87-10, para. 
     3(e) (1989) (recommending that agency should not routinely 
     use ANPR's as an information-gathering technique and that 
     they should be used only when information not otherwise 
     available to the agency ``is likely to be forthcoming'' in 
     response to the ANPR). This is particularly true where, as 
     here, the Office of Compliance, through the General 
     Counsel, has already gathered a considerable body of 
     experience and information regarding the conditions of 
     operations and facilities within the Legislative Branch 
     and how the regulations proposed by the Board would likely 
     affect those operations and facilities. Nothing has been 
     offered by any commenter to suggest a new area of inquiry 
     or information which was not considered by the Board in 
     the NPR that might affect the Board's decision regarding 
     any of the regulatory matters contained in the NPR. In the 
     absence of any such showing, additional rulemaking 
     proceedings are neither required nor desirable.
       3. The timing of the notice of proposed rulemaking.  The 
     commenter's argument regarding the timing of the issuance of 
     the regulations also does not require additional rulemaking 
     proceedings.
       Despite the commenter's suggestion to the contrary, there 
     is nothing unusual or unprecedented about the Board issuing 
     simultaneously two notices of proposed rulemaking 
     implementing two separate sections of the CAA. For example, 
     on November 28, 1995, the Board issued concurrent notices of 
     proposed rulemaking to implement the rights and protections 
     of five major sections of the CAA: sections 202 (Family and 
     Medical Leave Act), 203 (Fair Labor Standards Act), 204 
     (Employee Polygraph Protection Act), and 205 (Worker 
     Adjustment Retraining and Notification Act). See, e.g.,  141 
     Cong. Rec. S17627-S17652, S17603-27, S17656-64, S17652-56 
     (daily ed., Nov. 28, 1995). The volume of regulations covered 
     by those five notices (and the collective complexity and 
     diversity of the legal and interpretative rulemaking issues 
     involved in promulgating those five sets of proposed 
     regulations) was significantly greater than the proposed 
     regulations at issue here and those proposed under section 
     210. The commenter has not shown that there is anything about 
     the nature and extent of the regulations in the current 
     rulemaking proceedings that has impeded the ability of any 
     commenter to provide useful and comprehensive comments.
       Similarly, the timing of the issuance of proposed 
     regulations here was not only appropriate, but it also was 
     necessary. Sections 210 and 215 of the CAA become effective 
     on January 1, 1997, a date which was set by the CAA, not by 
     the Board. The proposed regulations were developed and issued 
     as soon as practicable given, inter alia, the need of the 
     Board and all interested persons to first have the benefit of 
     the General Counsel's investigation and reports and the need 
     to first complete rulemaking on sections of the CAA that 
     contained earlier effective dates, such as sections 203-207 
     (effective January 23, 1996), and section 220 (effective 
     October 1, 1996). The proposed regulations were issued when 
     they were in order to afford commenters the earliest 
     practical opportunity to comment on the proposed regulations 
     so that final regulations could be adopted by the Board 
     before the effective date of section 215 of the CAA.
       The schedule of Congress cannot be a determinative factor 
     for the Board in deciding when to issue proposed regulations. 
     The CAA applies whether the Congress is in session or not; 
     and the CAA imposes deadlines that must be met whether the 
     Congress is in session or not. The session of Congress is 
     relevant to the date of publication of regulations, which is 
     why the Board submitted the NPR to the Congress prior to 
     adjournment sine die, so that the NPR could be published (in 
     accordance with section 304(1) of the CAA) for comment prior 
     to January, 1997. The rights and protections of the CAA 
     continue while Congress is in recess, and the CAA requires 
     that employing offices and Members meet their obligations 
     whether Congress is in session or not.
       4. Technical and nomenclature changes. As with prior 
     rulemakings, the Board has proposed to make technical and 
     nomenclature changes to make the language of the adopted 
     regulations fit more naturally to situations arising within 
     the Legislative Branch. See, e.g., 142 Cong. Rec. at S225 
     (daily ed. Jan. 22, 1996) (final regulations regarding 
     section 203 of the CAA). However, the Board has made clear 
     that such changes are not intended to affect a substantive 
     change in the regulations. Id. Examples of such changes 
     include the following substitutions: ``employing office'' for 
     ``employer,'' ``covered employee'' for ``employee,'' 
     definitions of ``employing office'' (including the list of 
     offices set forth in the CAA) for the definition of 
     ``employer,'' and deleting provisions regarding interstate 
     commerce as a basis for jurisdiction (which is not a 
     requirement of the CAA).
       The Board disagrees with the commenter's argument that 
     failing to catalogue each of these changes in the preamble 
     somehow hinders commenters' ability to provide effective 
     comments regarding the proposed regulations. Where 
     significant changes in the substance of the regulations have 
     been proposed, such changes have been summarized and 
     discussed in the preamble to the proposed regulations. 
     However, as in past notices of proposed rulemaking, the Board 
     has generally described the nature of proposed technical and 
     nomenclature changes and has made clear that such changes are 
     not intended to effect a significant or substantive change in 
     the nature of the regulations adopted. Moreover, the complete 
     text of the proposed regulations, including technical and 
     nomenclature changes, has been made available for review as 
     part of the NPR. It is the responsibility of commenters to 
     review and comment on these matters, while the Board desires 
     reasonably to assist this process, it cannot do the 
     commenters' work, and there is absolutely no reason to delay 
     rulemaking on this basis.
       5. Record of comments and public meetings. Finally, the 
     Board rejects the suggestion that it publish a summary of the 
     discussions that have occurred between the Office and 
     representatives of the Secretary of Labor and other agencies. 
     Those discussions have not been with members of the Board; 
     and the public record is solely for matters presented to the 
     Board by outside persons. General discussions with outside 
     persons by staff of the Office of Compliance are not properly 
     part of that record, nor are discussions between staff and 
     the Board properly part of that record. There is no legal 
     basis or precedent for making such discussions part of the 
     record; and to do so would improperly chill inter-agency and 
     intra-agency deliberations and communications.
       B. Regulations that the Board Proposed to Adopt
       1. Substantive health and safety standards at Parts 1910 
     and 1926, 29 CFR.--In the NPR, the Board proposed that 
     otherwise applicable health and safety standards of the 
     Secretary's regulations published at Parts 1910 and 1926 of 
     Title 29 of the Code of Federal Regulations (``29 CFR'') be 
     adopted with only limited modifications. All commenters 
     agreed in general with the Board's proposal.
       2. Recordkeeping requirements contained in substantive 
     health and safety standards of Parts 1910 and 1926.--The 
     Board further proposed to include within its regulations 
     recordkeeping requirements contained in the substantive 
     health and safety standards of Parts 1910 and 1926, 29 CFR. 
     One commenter took issue with this decision, arguing that 
     adoption of such requirements is contrary to the intent of 
     the CAA. The Board disagrees.
       Section 215(d)(2) provides that the Board regulations shall 
     be ``the same as'' the regulations of the Secretary 
     implementing the health and safety standards of section 5 of 
     the OSHact. Where, as here, a recordkeeping or posting 
     requirements is expressly contained in and inextricably 
     interwined with a substantive health and safety standard, the 
     Board is required to adopt the standard as written under 
     section 215(d)(2), unless there is good cause to believe that 
     not including the recordkeeping or posting requirement would 
     be ``more effective for the implementation of the rights and 
     protections'' under section 215. In contrast to the general 
     recordkeeping regulations that implement section 8(c) of the 
     OSHAct (discussed at section I.C.2., infra), adoption of the 
     health and safety standards, including those specific 
     recordkeeping requirements that are part and parcel of such 
     standards, is authorized (if not compelled) by section 
     215(d)(2).
       The commenter does not offer any basis for concluding that 
     excluding such recordkeeping or posting requirements would be 
     ``more effective'' for implementing the rights and 
     protections of the health and safety standard at issue. On 
     the contrary, there is every reason to believe that the 
     substantive health and safety protections contained in 
     subpart Z of Part 1910, such as the rules relating to 
     employee exposure, would be less effective without a 
     requirement that employing offices document such exposure.

[[Page H97]]

       C. Regulations that the Board Proposes Not to Adopt.
       1. Rules of procedure for variances, procedure regarding 
     inspections, citations, and notices.--The Board proposed not 
     to adopt as regulations under section 215(d) provisions of 
     the Secretary's regulations that did not constitute health 
     and safety standards and/or were not promulgated to implement 
     that provisions of section 5 of the OSHAct. 142 Cong. Rec. at 
     S11020. In doing so, the Board noted that, with respect to 
     those regulations that dealt with procedures of the Office, 
     the Executive Director might, where appropriate, decide to 
     propose comparable provisions pursuant to a rulemaking 
     undertaken in accordance with section 303 of the CAA.
       All four commenters took issue with the Board's decision. 
     Two commenters argued that, because sections 8, 9 and 10 of 
     the OSHact (which include provisions governing variances and 
     the procedure for inspections, citations, and penalties) are 
     referenced in section 215(c) of the CAA, the Secretary's 
     regulations implementing those sections (Parts 1903 and 1905, 
     29 CFR) are within the Board's mandatory rulemaking authority 
     under section 215(d)(2). These commenters characterized the 
     Board's decision as a refusal to adopt the variance, 
     citations, and inspections regulations because they are 
     ``procedural'' as opposed to ``substantive'' regulations, 
     which the commenters believe is inconsistent with the Board's 
     resolution of a similar issue in the context of the Board's 
     section 220 regulations. See 142 Cong. Rec. at S5072 (daily 
     ed. May 15, 1996) (NPR regarding section 220) (procedural 
     rules ``can in fact be substantive regulations'' and the fact 
     that the ``regulations may arguably be procedural in content 
     is, in the Board's view, not a legally sufficient reason for 
     not viewing them as `substantive' regulations.''). Two other 
     commenters argued that regulations covering the subject of 
     variances, citiations, and similar other matters cannot be 
     issued as rules governing the procedures of the Office under 
     section 303 of the CAA, because to do so would improperly 
     circumvent Congress' ability to review and pass 
     on substantive regulations prior to their implementation 
     (since section 303 regulations require no congressional 
     approval). A third commenter argued that rules regarding 
     variances, inspections, and citations should be issued by 
     the Board as substantive regulations, rather than by the 
     Executive Director under section 303 of the CAA; however, 
     this commander did not offer a legal basis for this 
     argument. Finally, a fourth commenter argued that the Part 
     1903 regulations should be issued as part of the current 
     rulemaking, regardless whether they are issued as 
     substantive regulations under section 215(d)(2) of the CAA 
     or as procedures of the Office under section 303 of the 
     CAA.
       After carefully considering these various comments, the 
     Board has again determined that it would not be legally 
     appropriate to adopt the Secretary's regulations at Parts 
     1903 and 1905, 29 CFR, as regulations under section 
     215(d)(2). Contrary to the commenters' characterization, the 
     Board excluded Part 1903 and 1905 from the proposed 
     regulations, not because they were ``procedural'' as opposed 
     to ``substantive,'' but because they were not within the 
     scope of the Board's rulemaking authority under section 
     215(d)(2) of the CAA. Section 215(d)(2) provides that the 
     regulations issued by the Board to implement section 215 
     ``shall be the same as substantive regulations promulgated by 
     the Secretary of Labor to implement the statutory provisions 
     referred to in subsection (a) [of section 215],'' except for 
     modification of those regulations for ``good cause.'' The 
     only ``statutory provision[] referred to in subsection (a)'' 
     of section 215 is section 5 of the OSHAct, which sets forth 
     the substantive health and safety standards applicable to 
     employers. Thus, only the regulations of the Secretary that 
     implement the substantive health and safety standards of 
     section 5 of the OSHAct are within the scope of the Board's 
     rulemaking authority under section 215(d)(2). Because the 
     Secretary's health and safety standards contained in Parts 
     1910 and 1926 implement section 5 of the OSHAct, such 
     regulations may be included within the proposed regulations; 
     but the Secretary's regarding variance procedures, 
     inspections, citations and notices, set forth at Parts 1903 
     and 1904, were promulgated to implement sections 8, 9, and 10 
     of the OSHAct, statutory provisions which are not ``referred 
     to in subsection (a)'' of section 215. Thus, the plain 
     language of section 215(d)(2) excludes such regulations from 
     the scope of the Board's rulemaking mandate under section 
     215(d)(2).
       The commenters apparently read section 215(d)(2)'s 
     requirement that the Board's regulations be ``the same as 
     substantive regulations promulgated by the Secretary of 
     Labor'' as including any regulation promulgated by the 
     Secretary to implement any provision of the OSHAct referred 
     to in any subsection of section 215, including subsection 
     (c). But the Board may not properly ignore the requirement of 
     section 215(d)(2) that the regulations be promulgated ``to 
     implement the statutory provisions referred to in subsection 
     (a).'' To do so would violate the cardinal rule of statutory 
     construction that a statute should not be read as rendering 
     any word or phrase therein mere surplusage. See Babbitt v. 
     Sweet Home Ch. of Commun, for Greater Or., 115 S. Ct. 2407, 
     2413 (1995).
       The only way in which regulations implementing provisions 
     of the OSHAct referred to in subsection (c) could be 
     considered within the scope of regulation under section 
     215(d)(2) would be by speculating that Congress' specific 
     reference to subsection (a) was inadvertent. However, such 
     ``[s]peculation loses, for the more natural reading of the 
     statute's text, which would give effect to all of its 
     provisions, always prevails over a mere suggestion to 
     disregard or ignore duly created law as legislative 
     oversight.'' United Food and Commercial Workers v. Brown 
     Group, Inc., 116 S. Ct. 1529, 1533 (1996).
       Furthermore, because section 215(c) sets forth a detailed 
     enforcement procedure which is significantly different from 
     the procedures of the OSHAct, it is doubtful that the 
     drafters intended to include regulations implementing OSHAct 
     enforcement procedures as part of the Board's rulemaking 
     under section 215(c)(2). Instead, given the significant 
     differences between the two statutory enforcement provisions, 
     it is reasonable to conclude that Congress did not intend the 
     Board to presume that the regulations regarding such 
     procedures should be ``the same'' as the Secretary's 
     procedures, as they generally must be if they fell within the 
     Board's substantive rulemaking authority under section 
     215(d)(2). Thus, the commenters' interpretation is not 
     supported by either the text or the legislative history of 
     section 215.\1\
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     \1\ Even under the commenters' narrow reading of section 
     215(d)(2), Part 1905 (rules of practice and procedure 
     relating to variances) is not a ``substantive regulation.'' 
     Part 1905 was issued by the Secretary as a ``rule of agency 
     procedures and practice'' and thus was not promulgated after 
     notice and comment. See 36 Fed. Reg. 12,290 (June 30, 1971) 
     (``The rules of practice [Part 1905] shall be effective upon 
     publication in the Federal Register (6-30-71).'').
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       For this reason, the Board must also reject the commenter's 
     suggestion that it ``modify'' the proposed regulations to 
     include the Secretary's Part 1903 and 1904 regulations. The 
     Board cannot adopt as a ``modification'' regulations that are 
     not within the scope of section 215(d)(2). See 141 Cong. Rec. 
     S17603, 17604 (daily ed. Nov. 28, 1995) (``Because the 
     Board's authority to modify the Secretary's regulations for 
     `good cause' does not authorize it to adopt regulatory 
     requirements that are the equivalent of statutory 
     requirements that Congress has omitted from the CAA. . .); 
     see also MCI Telecommunications v. American Tel. & Tel., 114 
     S. Ct. 2223, 2230 (1994) (FCC's statutory authority to 
     ``modify any requirement'' under section of tariff statute 
     did not authorize FCC to make basic and fundamental changes 
     in regulatory scheme; term ``modify'' connotes moderate or 
     incremental change in existing requirements).
       2. General recordkeeping requirements.--In the NPR, the 
     Board proposed not to adopt regulations implementing the 
     general recordkeeping requirements of section 8(c) of the 
     OSHAct. The Board determined that section 8(c) of the OSHAct 
     is neither a part of the rights and protections of section 5 
     of the OSHAct nor a substantive health and safety standard 
     referred to therein. Thus, regulations promulgated by the 
     Secretary to implement the recordkeeping requirements are not 
     within the scope of the Board's rulemaking under section 
     215(d)(2).
       Two commenters asked the Board to reconsider this decision 
     and to issue regulations implementing section 8(c) of the 
     OSHAct. The Board has considered these comments and finds no 
     new arguments or statutory evidence therein to support a 
     change in the Board's original conclusion. The arguments 
     offered by the commenters were substantially the same as 
     those that were considered and rejected by the Board in an 
     earlier rulemaking on an essentially identical issue. See 141 
     Cong. Rec. S17603, 17604 (daily ed. Nov. 28, 1995) (resolving 
     identical issue in the context of rulemaking under section 
     203 of the CAA).
       D. Method for Identifying Responsible Employing Office
       In section 1.106 of the proposed regulations, the Board set 
     forth a method for identifying the employing office 
     responsible for correction of a particular violation. Under 
     proposed section 1.106, correction of a violation of section 
     215(a) ``is the responsibility of any employing office that 
     is a creating employing office, a controlling employing 
     office, and/or a correcting employing office, as defined by 
     this section, to the extent that the employing office is in a 
     position to correct or abate the hazard or to ensure its 
     correction or abatement.''
       1. General comments regarding section 1.106.--One commenter 
     argued that section 1.106 should be significantly revised or 
     a different method developed by the Board because: (1) the 
     definitions of ``creating,'' ``exposing,'' ``controlling,'' 
     and ``correcting'' employer are allegedly vague and confusing 
     and give insufficient guidance to employing offices regarding 
     their responsibilities; and (2) section 1.106 contemplates 
     the possibility that more than one employing office may be 
     held responsible for correcting a violation, which is said to 
     be contrary to section 215 (which the commenter argues 
     prohibits the imposition of joint responsibility) and, 
     assuming that more than one employing office may properly be 
     held responsible under section 1.106, the Board should 
     provide a mechanism for allocating joint responsibility among 
     multiple offices. The Board has considered each of these 
     arguments and, as explained below, finds no reason to depart 
     substantially from the proposed regulations as issued.
       a. Definition of ``creating,'' ``exposing,'' 
     ``controlling,'' and ``correcting'' employing office. The 
     commenter argued that the definitions of ``creating,'' 
     ``exposing,'' ``controlling,'' and ``correcting'' employing 
     office are vague

[[Page H98]]

     and confusing because allegedly ``they do little more than 
     imply that an employing office can be responsible in almost 
     all situations'' and allegedly do not give any more guidance 
     on this issue than before the proposed regulations were 
     submitted. However, the commenter has not explained how the 
     provisions of proposed section 1.106 can fairly be seen as 
     vague or confusing. To be sure, proposed section 1.106 states 
     general principles that will need to be applied in the 
     context of actual factual situations by the General Counsel 
     and, ultimately, by the Board. But this is the case with 
     almost every rule of law, whether stated in a statute, a 
     regulation, or a judicial decision. The fact that the text of 
     a regulation on its face does not purport to provide a clear 
     answer to every hypothetical question that may be posed by a 
     party is not a reason to deem a regulation to be unclear. In 
     the course of individual cases before the General Counsel and 
     ultimately the Board, application of these rules will be made 
     to specific situations. Without further elaboration by the 
     commenter as to the nature of the purported ambiguity, there 
     is no reason to believe that further clarification or 
     elaboration in section 1.106 is needed.
       b. Joint responsibility. The commenter argued that section 
     1.106 authorizes assigning correction responsibility to more 
     than one employing office, which it said to be is contrary to 
     the CAA. In support of its argument, the commenter seized 
     upon the provisions of section 215(d)(3), which direct the 
     Board to develop a method for identifying ``the employing 
     office, not employing offices,'' and section 415, which 
     states that funds to correct violations may be paid only from 
     funds appropriated ``to the employing office or entity 
     responsible for correcting such violations.'' (emphasis in 
     original of comment). According to the commenter, these 
     provisions establish a statutory prohibition on the 
     imposition of ``joint'' responsibility for section 215 
     violations. Again, the Board disagrees.
       First, it is an elementary rule of statutory construction 
     that reference to persons or parties in statutory language 
     stated in the singular is presumed to include the plural. 
     See, e.g., 1 U.S.C. Sec. 1 (``In determining the meaning of 
     any Act of Congress, unless the context indicates otherwise--
     words importing the singular include and apply to several 
     persons, parties, or things'').
       Second, nothing in the language of section 215 suggests 
     that the General Counsel and the Board must determine the 
     (e.g., ``sole'') employing office responsible for correction. 
     On the contrary, the language of section 215, including other 
     subsections not cited by the commenter, suggests that more 
     than one office may have responsibilities for the safety 
     and health of a covered employee. For example, by applying 
     section 5 of the OSHAct, section 215(a) of the CAA imposes 
     a duty on each employing office to provide to its 
     employees employment and a place of employment free of 
     recognized hazards. Section 215(a) makes clear that other 
     entities (in addition to the employing office) may also 
     have a duty to those employees regarding such hazards 
     ``irrespective of whether the entity has an employment 
     relationship'' with that employee. Section 215(a)(2)(C). 
     See also subsection (c)(2)(A) and (B) (authorizing the 
     General Counsel to issue a citation or notice to ``any 
     employing office responsible for correcting a violation'') 
     (emphasis added).
       Third, adoption of a rule that requires the General Counsel 
     in an investigatory proceeding or the hearing officer and/or 
     the Board in an adjudicatory proceeding to determine a single 
     employing office responsible for correction of a violation 
     would be unworkable (and in some cases impossible to apply) 
     and would be inconsistent with similar principles applied 
     under the OSHAct. In the private sector, where a single 
     employer controls the working conditions and working 
     environment of the employees, that employer is solely 
     accountable under the OSHAct for providing safe working 
     conditions for its employees. Similarly, in situations under 
     section 215 of the CAA where the alleged violation involves a 
     one-employing office workplace that is under the sole 
     authority and jurisdiction of that office, section 1.106 
     would not be needed to resolve the issue of responsibility 
     for correction. However, as the Board noted in NPR, the vast 
     majority of workplaces in the Legislative Branch are not 
     conventional, one-employing office workplaces. Instead, there 
     are a number of employing offices and entities (including, 
     but not limited to, the Architect of the Capitol, the 
     Sergeants-At-Arms, the Chief Administrative Officer of the 
     House, Senate and House committees, and individual Members) 
     that have varying degrees of actual or apparent jurisdiction, 
     authority, and responsibility for the physical location in 
     which the violation occurred and, therefore, for correction 
     of violations. Section 1.106 is needed to address such 
     situations; and it can workably do so only by imposing 
     responsibility on several covered entities.
       In private sector worksites where the working environment 
     is controlled by more than one employer, such as in 
     construction or other activities involving subcontractors, 
     OSHA's longstanding policy has been to hold multiple 
     employers responsible for the correction of workplace hazards 
     in appropriate cases. Thus, when safety or health hazards 
     occur on multi-employer worksites in the private sector, OSHA 
     will issue citations not only to the employer whose employees 
     were exposed to the violation, but also to other employers, 
     such as general contractors or host employers, who can 
     reasonably be expected to have identified or corrected the 
     hazard by virtue of their supervisory role over the worksite. 
     See OSHA Field Inspection Reference manual (``FIRM''), OSHA 
     Instruction CPL 2.103 at III-28,29 (1994). This multi-
     employer policy does not confer special burdens on these 
     superintending employers, but merely recognizes that 
     employers with overall administrative responsibility for an 
     ongoing project or worksite are responsible under the OSHAct 
     for taking reasonable steps to correct the violation, or to 
     require correction of hazards to the extent of their 
     authority and/or responsibility. There is no legal basis for 
     excusing employing offices under the CAA from similar 
     responsibilities.
       As noted in the NPR, the employing office's responsibility 
     for correction is only to the extent that it is ``in a 
     position to correct or abate the hazard or to ensure its 
     correction or abatement.'' In addition, the duties of the 
     employing office under section 1.106 are no more than to 
     exercise the power or authority that it may possess, 
     singularly or together with other employing offices, to 
     ensure the correction of the hazard. The Board finds no 
     compelling reason to reconsider this rule.
       The Board also declines the commenter's suggestion that it 
     adopt rules allocating responsibility in what it 
     characterizes as ``joint'' liability situations. Contrary to 
     the commenter's assumption, the responsibility under section 
     1.106 is not ``joint'' but ``several.'' That is, the 
     employing office is only responsible to the extent that it is 
     a ``creating,'' ``exposing,'' ``controlling,'' and/or 
     ``correcting'' employing office and to the extent that it is 
     ``in a position to correct or abate the hazard or to ensure 
     its correction or abatement.'' Thus, if the facts establish 
     that a particular employing office only ``exposed'' its 
     employees to a hazard (but did not create the hazard or have 
     control over the workspace involved), that employing office 
     discharges its responsibility (and abates its ``share'' of a 
     citation) by ceasing the activity that exposes its employees 
     to the hazard (by not sending its employees to the area, 
     providing personal protective equipment, etc.). Even though 
     the ``exposing'' employing office has discharged its 
     responsibility (and is, therefore, no longer a ``responsible 
     employing office'' with respect to that violation), the 
     ``violation'' at that worksite is not abated until the 
     condition creating the hazard is eliminated. In most cases, 
     that responsibility will be assigned to the ``correcting'' 
     employing office. However, in some cases, the ``controlling'' 
     employing office (the one with legal authority to control the 
     area) may be a different office than the ``correcting'' 
     employing office and, therefore, may need to be a party to 
     any proceeding so that complete relief can be granted by the 
     hearing officer to ensure correction of the violation.
       For all of the above reasons, the Board will adopt section 
     1.106, as modified below, as part of its final regulations.
       2. Recommended modifications to section 1.106(c).--One 
     commenter took issue with the following portion of section 
     1.106(c):
       ``In addition, if equipment or facilities to be used by an 
     employing office, but not under the control of the employing 
     office, do not meet applicable health and safety standards or 
     otherwise constitute a violation of section 215(a), it is the 
     responsibility of the employing office not to permit its 
     employees to utilize such equipment or facilities. In such 
     circumstances, the employing office is in violation if, and 
     only if, it permits its employees to utilize such equipment 
     or facilities.''
       According to the commenter, this statement fails to 
     recognize the affirmative defense to a violation in 
     situations involving multi-employer worksites where the cited 
     employer does not have the ability to recognize or abate the 
     offending condition or has taken reasonable alternative 
     measures to protect its employees from the hazard. See Anning 
     Johnson Co. v. OSHRC, 516 F.2d 1081 (7th Cir. 1975). The 
     Board agrees with the commenter that employing offices should 
     have the benefit of this affirmative defense in such a 
     situation. Accordingly, the Board will incorporate the 
     commenter's suggested language (which has been modified to 
     conform to the elements of the multi-employer affirmative 
     defense). As amended, the passage in section 1.106(c) will be 
     revised to read as follows:
       ``In addition, if equipment or facilities to be used by an 
     employing office, but not under the control of the employing 
     office, do not meet applicable health and safety standards or 
     otherwise constitute a violation of section 215(a), it is the 
     responsibility of the employing office not to permit its 
     employees to utilize such equipment or facilities. In such 
     circumstances, an employing office that did not create or 
     control a violation may avoid liability if, and only if, it 
     proves either that it took reasonable alternative measures to 
     protect its employees against the hazard or that it lacked 
     sufficient expertise to recognize that the equipment or 
     facilities did not meet applicable health and safety 
     standards or otherwise constituted a violation of section 
     215(a).''
       E. Future Changes in Text of Health and Safety Standards
       The commenters generally agreed with the Board's proposed 
     approach regarding changes in the substantive health and 
     safety standards. However, two commenters suggested that the 
     Board expressly state the manner and frequency with and by 
     which it plans to

[[Page H99]]

     submit changes in substantive rules, and the manner and 
     frequency with and by which the Office will advise employees 
     and employing offices of changes to external documents.
       As stated in the NPR, the Board will make any changes in 
     the substantive health and safety standards under the 
     rulemaking procedures of section 304 of the CAA. Those 
     changes will be made as frequently as needed. It is 
     impossible for the Board to establish a pre-set schedule 
     under which as yet unanticipated and unknown changes will be 
     made. Similarly, the frequency by which the Office may issue 
     information to employing offices and employing officers 
     regarding the requirements of the CAA will be based on the 
     appropriate professional judgment of the Office and its 
     statutory appointees in the particular circumstances that 
     issues arise; it cannot be specified in advance.
       F. Comments on Specific Provisions
       1. Specific standards of Part 1910 incorporated by 
     reference.--One commenter recommended that the Board not 
     adopt the following provisions that were included within the 
     proposed regulations, which the commenter contended are 
     inapplicable to operations of the Legislative Branch: 
     1910.104 (relating to installation of bulk oxygen systems), 
     1910.216 (relating to mills and calenders in the rubber and 
     plastics industries), and 1910.266 (relating to jogging 
     operations). Upon further consideration, the Board will 
     delete these provisions from its final regulations, as 
     recommended by the commenter.
       This commenter also recommended that the Board exclude from 
     the final regulations sections 1910.263 (safety and health 
     standards relating ``to the design, installation, operation 
     and maintenance of machinery and equipment used in a 
     bakery''), and section 1910.264 (standards relating to 
     ``laundry machinery and operations''). Because the terms 
     ``bakery'' and ``laundry'' are not defined in the 
     regulations, it is not clear that these sections are 
     inapplicable to conditions or facilities within the 
     Legislative Branch. Accordingly, out of an abundance of 
     caution, the Board will retain sections 1910.263 and 1910.264 
     in the final regulations.
       Finally, for the reasons set forth in section I.B.2, supra, 
     the Board declines the commenter's suggestion that sections 
     1910.1020 (access to employee exposure and medical records) 
     and 1910.1200 (hazard communication) not be included within 
     the Board's final regulations because they may require 
     employing offices to make or maintain records to meet these 
     substantive health and safety standards.
       2. Section 1.104 (Notice of protection).--Two commenters 
     argued that proposed section 1.104 should be deleted since 
     they fear that the section may be interpreted as a notice 
     posting or recordkeeping ``requirement.'' On the contrary, 
     section 1.104 merely provides that, consistent with section 
     301(h) of the CAA, the Office will make information regarding 
     the CAA available to employing offices in a manner suitable 
     for posting. This identical provision has been included in 
     prior regulations promulgated by the Board and approved by 
     Congress. See e.g., Final Rules Under Section 204 of the CAA, 
     section 1.6, 141 Cong. Rec. at S265 (daily ed. Jan. 22, 
     1996).
       3. Sections 1.102 (Definition of ``covered employee'') and 
     1.105 (Authority of the Board).--Two commenters took issue 
     with the Board's inclusion of proposed sections 1.102 
     (defining ``covered employee'') and 1.105 (stating the 
     Board's authority to promulgate regulations under the CAA) 
     because they contend that such provisions are inconsistent 
     with the CAA and/or not needed. The Board is satisfied that 
     these sections are consistent with the CAA and will be 
     retained. As with proposed section 1.104, proposed sections 
     1.102 and 1.105 have been included in several prior 
     regulations promulgated by the Board and approved by 
     Congress. See, e.g., Final Rules regarding section 203 of the 
     CAA, sections 501.102, 501.104, 141 Cong. Rec. at S226; Final 
     Rules regarding section 204 of the CAA, sections 1.2 and 1.7, 
     141 Cong. Rec. at S264-65.
       4. Section 1900.1 (Purpose and Scope).--Proposed section 
     1900.1 sets forth the purpose and scope of the Board's 
     adoption of the occupational safety and health standards of 
     Parts 1910 and 1926, 29 CFR. Subsection (b) makes clear that 
     only the substantive health and safety standards of Parts 
     1910 and 1926 are adopted by reference and that other 
     materials not relating to health and safety standards are not 
     adopted. One commenter requested further clarification 
     because, in the commenter's view, ``there is no indication of 
     what is `excluded' '' by the reference. On the contrary, 
     section 1900.1(b) gives an illustration of the types of 
     material not adopted by reference: rules that relate to laws 
     such as the Construction Safety Act, but have no relation to 
     the OSHAct; and statements or references to the duties and/or 
     authorities of the Assistant Secretary of Labor (since such 
     authorities are assigned by the CAA to the General Counsel). 
     In the Board's view, section 1900.1 adequately describes the 
     scope of its incorporation of standards under Parts 1910 and 
     1926.
       G. Technical and nomenclature changes
       Two commenters have requested that the Board list the 
     technical and nomenclature changes that it has made to the 
     adopted regulations. Since the Board does not intend by 
     the changes to effect a substantive change in the meaning 
     of the adopted regulations, it is unclear what purpose, if 
     any, would be served by such a list. The regulations 
     adequately set forth the extent of such technical and 
     nomenclature changes. Proposed section 1900.2 states that, 
     except where inconsistent with the definitions, provisions 
     regarding scope, application and coverage, and exemptions 
     provided in the CAA or other sections of these 
     regulations, the definitions, provisions regarding scope, 
     application and coverage, and exemptions provided in Parts 
     1910 and 1926, 29 CFR, as incorporated into these 
     regulations, shall apply under these regulations. For 
     example, any reference to ``employer'' in Parts 1910 and 
     1926 shall be deemed to refer to ``employing office.'' The 
     commenter identified a number of other miscellaneous 
     statements in the NPR and the proposed rules therein that 
     it contends are vague and ambiguous or misleading, and/or 
     inconsistent with its reading of the CAA, for which the 
     commenter suggests technical corrections and 
     clarifications. The Board has considered all of these 
     suggestions and, as appropriate, has adopted them.
     II. METHOD OF APPROVAL
       The Board received no comments on the method of approval 
     for these regulations. Therefore, the Board continues to 
     recommend that (1) the version of the proposed regulations 
     that shall apply to the Senate and employees of the Senate 
     should be approved by the Senate by resolution; (2) the 
     version of the proposed regulations that shall apply to the 
     House of Representatives and employees of the House of 
     Representatives should be approved by the House of 
     Representatives by resolution; and (3) the version of the 
     proposed regulations that shall apply to other covered 
     employees and employing offices should be approved by the 
     Congress by concurrent resolution.
       Signed at Washington, D.C. on this 20th day of December, 
     1996.

                                                Glen D. Nager,

                                               Chair of the Board,
                                             Office of Compliance.
       Accordingly, the Board of Directors of the Office of 
     Compliance hereby adopts and submits for approval by the 
     Congress the following regulations:

                          Adopted Regulations

 Application of Rights and Protections of the Occupational Safety and 
Health Act of 1970 (Section 215 of the Congressional Accountability Act 
                                of 1995)


part 1--matters of general applicability to all regulations promulgated 
   under section 215 of the congressional accountability act of 1995

Sec.
1.101  Purpose and scope
1.102  Definitions
1.103  Coverage
1.104  Notice of protection
1.105  Authority of the Board
1.106  Method for identifying the entity responsible for correction of 
              violations of section 215
     Sec. 1.101  Purpose and scope.
       (a) Section 215 of the CAA. Enacted into law on January 23, 
     1995, the Congressional Accountability Act (``CAA'') directly 
     applies the rights and protections of eleven federal labor 
     and employment law and public access statutes to covered 
     employees and employing offices within the Legislative 
     Branch. Section 215(a) of the CAA provides that each 
     employing office and each covered employee shall comply with 
     the provisions of section 5 of the Occupational Safety and 
     Health Act of 1970 (``OSHAct''), 29 U.S.C. Sec. 654. Section 
     5(a) of the OSHAct provides that every covered employer has a 
     general duty to furnish each employee with employment and a 
     place of employment free from recognized hazards that are 
     causing or are likely to cause death or serious physical harm 
     to those employees, and a specific duty to comply with 
     occupational safety and health standards promulgated under 
     the law. Section 5(b) requires covered employees to comply 
     with occupational safety and health standards and with all 
     rules, regulations and orders which are applicable to 
     their actions and conduct. Set forth herein are the 
     substantive regulations that the Board of Directors of the 
     Office of Compliance has promulgated pursuant to section 
     215(d) of the CAA.
       (b) Purpose and scope of regulations. The regulations set 
     forth herein (Parts 1 and 1900) are the substantive 
     regulations that the Board of Directors of the Office of 
     Compliance has promulgated pursuant to section 215(d) of the 
     CAA. Part 1 contains the general provisions applicable to all 
     regulations under section 215, including the method of 
     identifying entities responsible for correcting a violation 
     of section 215. Part 1900 contains the substantive safety and 
     health standards which the Board has adopted as substantive 
     regulations under section 215(e).
     Sec. 1.102  Definitions.
       Except as otherwise specifically provided in these 
     regulations, as used in these regulations:
       (a) Act or CAA means the Congressional Accountability Act 
     of 1995 (Pub.L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec. 1301-
     1438).
       (b) OSHAct means the Williams-Steiger Occupational Safety 
     and Health Act of 1970 (29 U.S.C. Sec. Sec. 651, et seq.), as 
     applied to covered employees and employing offices by Section 
     215 of the CAA.
       (c) The term covered employee means any employee of (1) the 
     House of Representatives; (2) the Senate; (3) the Capitol 
     Guide Service; (4) the Capitol Police; (5) the Congressional 
     Budget Office; (6) the Office of the Architect of the 
     Capitol; (7) the Office of the Attending Physician; and (8) 
     the Office of Compliance.
       (d) The term employee includes an applicant for employment 
     and a former employee.
       (e) The term employee of the Office of the Architect of the 
     Capitol includes any employee

[[Page H100]]

     of the Office of the Architect of the Capitol, the Botanic 
     Gardens, or the Senate Restaurants.
       (f) The term employee of the Capitol Police includes any 
     member or officer of the Capitol Police.
       (g) The term employee of the House of Representatives 
     includes an individual occupying a position the pay for which 
     is disbursed by the Clerk of the House of Representatives, or 
     another official designated by the House of Representatives, 
     or any employment position in an entity that is paid with 
     funds derived from the clerk-hire allowance of the House of 
     Representatives but not any such individual employed by an 
     entity listed in subparagraphs (3) through (8) of paragraph 
     (c) above.
       (h) The term employee of the Senate includes any employee 
     whose pay is disbursed by the Secretary of the Senate, but 
     not any such individual employed by any entity listed in 
     subparagraphs (3) through (8) of paragraph (c) above.
       (i) The term employing office means: (1) the personal 
     office of a Member of the House of Representatives or the 
     Senate or a joint committee; (2) a committee of the House of 
     Representatives or the Senate or a joint committee; (3) any 
     other office headed by a person with the final authority to 
     appoint, hire, discharge, and set the terms, conditions, or 
     privileges of the employment of an employee of the House of 
     Representatives or the Senate; or (4) the Capitol Guide 
     Board, the Congressional Budget Office, the Office of the 
     Architect of the Capitol, the Office of the Attending 
     Physician, and the Office of Compliance.
       (j) The term employing office includes any of the following 
     entities that is responsible for correction of a violation of 
     this section, irrespective of whether the entity has an 
     employment relationship with any covered employee in any 
     employing office in which such violation occurs: (1) each 
     office of the Senate, including each office of a Senator and 
     each Committee; (2) each office of the House of 
     Representatives, including each office of a Member of the 
     House of Representatives and each committee; (3) each joint 
     committee of the Congress; (4) the Capitol Guide Service; (5) 
     the Capitol Police; (6) the Congressional Budget Office; (7) 
     the Office of the Architect of the Capitol (including the 
     Senate Restaurants and the Botanic Garden); (8) the Office of 
     the Attending Physician; and (9) the Office of Compliance.
       (k) Board means the Board of Directors of the Office of 
     Compliance.
       (l) Office means the Office of Compliance.
       (m) General Counsel means the General Counsel of the Office 
     of Compliance.
     Sec. 1.103  Coverage.
       The coverage of Section 215 of the CAA extends to any 
     ``covered employee.'' It also extends to any ``covered 
     employing office,'' which includes any of the following 
     entities that is responsible for correcting a violation of 
     section 215 (as determined under section 1.106), irrespective 
     of whether the entity has an employment relationship with any 
     covered employee in any employing office in which such a 
     violation occurs:
       (1) each office of the Senate, including each office of a 
     Senator and each committee;
       (2) each office of the House of Representatives, including 
     each office of a Member of the House of Representatives and 
     each committee;
       (3) each joint committee of the Congress;
       (4) the Capitol Guide Service;
       (5) the Capitol Police;
       (6) the Congressional Budget Office;
       (7) the Office of the Architect of the Capitol (including 
     the Senate Restaurants and the Botanic Garden);
       (8) the Office of the Attending Physician; and
       (9) the Office of Compliance.
     Sec. 1.104 Notice of protection.
       Pursuant to section 301(h) of the CAA, the Office shall 
     prepare, in a manner suitable for posting, a notice 
     explaining the provisions of section 215 of the CAA. Copies 
     of such notice may be obtained from the Office of Compliance.
     Sec. 1.105 Authority of the Board.
       Pursuant to section 215 and 304 of the CAA, the Board is 
     authorized to issue regulations to implement the rights and 
     protections of section 215(a). Section 215(d) of the CAA 
     directs the Board to promulgate regulations implementing 
     section 215 that are ``the same as substantive regulations 
     promulgated by the Secretary of Labor to implement the 
     statutory provisions referred to in subsection (a) except to 
     the extent that the Board may determine, for good cause shown 
     and stated together with the regulation, that a modification 
     of such regulations would be more effective for the 
     implementation of the rights and protections under this 
     section.'' 2 U.S.C. Sec. 1341(d). The regulations issued by 
     the Board herein are on all matters for which section 215 of 
     the CAA requires a regulation to be issued. Specifically, it 
     is the Board's considered judgment based on the information 
     available to it at the time of promulgation of these 
     regulations, that, with the exception of the regulations 
     adopted and set forth herein, there are no other 
     ``substantive regulations promulgated by the Secretary of 
     Labor to implement the statutory provisions referred to in 
     subsection (a) [of section 215 of the CAA]'' that need be 
     adopted.
       In promulgating these regulations, the Board has made 
     certain technical and nomenclature changes to the regulations 
     as promulgated by the Secretary. Such changes are intended to 
     make the provisions adopted accord more naturally to 
     situations in the Legislative Branch. However, by making 
     these changes, the Board does not intend a substantive 
     difference between these regulations and those of the 
     Secretary from which they are derived. Moreover, such 
     changes, in and of themselves, are not intended to constitute 
     an interpretation of the regulation or of the statutory 
     provisions of the CAA upon which they are based.
     Sec. 1.106 Method for identifying the entity responsible for 
         correction of violations of section 215.
       (a) Purpose and scope. Section 215(d)(3) of the CAA 
     provides that regulations under section 215(d) include a 
     method of identifying, for purposes of this section and for 
     categories of violations of section 215(a), the employing 
     office responsible for correcting a particular violation. 
     This section sets forth the method of identifying responsible 
     employing offices for the purpose of allocating 
     responsibility for correcting violations of section 215(a) of 
     the CAA. These rules apply to the General Counsel in the 
     exercise of his authority to issue citations or notices to 
     employing offices under sections 215(c)(2) (A) and (B), and 
     to the Office and the Board in the adjudication of complaints 
     under section 215(c)(3).
       (b) Employing Office(s) Responsible for Correcting a 
     Violation of Section 215(a) of the CAA. With respect to the 
     safety and health standards and other obligations imposed 
     upon employing offices under section 215(a) of the CAA, 
     correction of a violation of section 215(a) is the 
     responsibility of any employing office that is an exposing 
     employing office, a creating employing office, a controlling 
     employing office, and/or a correcting employing office, as 
     defined in this subsection, to the extent that the employing 
     office is in a position to correct or abate the hazard or to 
     ensure its correction or abatement.
       (i) Creating employing office means the employing office 
     that actually created the hazard forming the basis of the 
     violation or violations of section 215(a).
       (ii) Exposing employing office means the employing office 
     whose employee are exposed to the hazard forming the basis of 
     the violation or violations of section 215(a).
       (iii) Controlling employing office means the employing 
     office that is responsible, by agreement or legal authority 
     or through actual practice, for safety and health conditions 
     in the location where the hazard forming the basis for the 
     violation or violations of section 215(a) occurred.
       (iv) Correcting employing office measn the employing office 
     that has the responsibility for actually performing (or the 
     authority or power to order or arrange for) the work 
     necessary to correct or abate the hazard forming the basis of 
     the violation or violations of section 215(a).
       (c) Exposing Employing Office Duties. Employing offices 
     have direct responsibility for the safety and health of their 
     own employees and are required to instruct them about the 
     hazards that might be encountered, including what protective 
     measures to use. An employing office may not contract away 
     these legal duties to its employees or its ultimate 
     responsibilities under section 215(a) of the CAA by requiring 
     another party or entity to perform them. In addition, if 
     equipment or facilities to be used by an employing office, 
     but not under the control of the employing office, do not 
     meet applicable health and safety standards or otherwise 
     constitutes a violation of section 215(a), it is the 
     responsibility of the employing office not to permit its 
     employees to utilize such equipment or facilities. In such 
     circumstances, an employing office that did not create or 
     control a violation may avoid liability if, and only if, 
     it proves either that it took reasonable alternative 
     measures to protect its employees against the hazard or 
     that it lacked sufficient expertise to recognize that the 
     equipment or facilities did not meet applicable health and 
     safety standards or otherwise constituted a violation of 
     section 215(a). It is not the responsibility of an 
     employing office to effect the correction of any such 
     deficiencies itself, but this does not relieve it of its 
     duty to use only equipment or facilities that meet the 
     requirements of section 215(a).

    PART 1900--ADOPTION OF OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Sec.
1900.1  Purpose and scope
1900.2  Definitions; provisions regarding scope, applicability, and 
              coverage; and exemptions
1900.3  Adoption of occupational safety and health standards
     Sec. 1900.1  Purpose and scope.
       (a) The provisions of this subpart B adopt and extend the 
     applicability of occupational safety and health standards 
     established and promulgated by the Occupational Safety and 
     Health Administration (``OSHA'') and set forth at Parts 1910 
     and 1926 of title 29 of the Code of Federal Regulations, with 
     respect to every employing office, employee, and employment 
     covered by section 215 of the Congressional Accountability 
     Act.
       (b) It bears emphasis that only standards (i.e., 
     substantive rules) relating to safety or health are adopted 
     by any incorporations by reference of standards prescribed in 
     this Part. Other materials contained in the referenced parts 
     are not adopted. Illustrations of the types of materials 
     which are not adopted are these. The incorporation by 
     reference of part 1926, 29 CFR, is not intended to include 
     references to interpretative rules

[[Page H101]]

     having relevance to the application of the Construction 
     Safety Act, but having no relevance to the Occupational 
     Safety and Health Act. Similarly, the incorporation by 
     reference of part 1910, 29 CFR, is not intended to include 
     any reference to the Assistant Secretary of Labor and the 
     authorities of the Assistant Secretary. The authority to 
     adopt, promulgate, and amend or revoke standards applicable 
     to covered employment under the CAA rests with the Board of 
     Directors of the Office of Compliance pursuant to sections 
     215(d) and 304 of the CAA. Notwithstanding anything to the 
     contrary contained in the incorporated standards, the 
     exclusive means for enforcement of these standards with 
     respect to covered employment are the procedures and remedies 
     provided for in section 215 of the CAA.
       (c) This part incorporates the referenced safety and health 
     standards in effect as of the effective date of these 
     regulations.
     Sec. 1900.2  Definitions, provisions regarding scope, 
         applicability and coverage, and exemptions.
       (a) Except where inconsistent with the definitions, 
     provisions regarding scope, application and coverage, and 
     exemptions provided in the CAA or other sections of these 
     regulations, the definitions, provisions regarding scope, 
     application and coverage, and exemptions provided in Parts 
     1910 and 1926, 29 CFR, as incorporated into these 
     regulations, shall apply under these regulations. For 
     example, any reference to ``employer'' in Parts 1910 and 1926 
     shall be deemed to refer to ``employing office.'' Similarly, 
     any limitation on coverage in Parts 1910 and 1926 to 
     employers engaged ``in a business that affects commerce'' 
     shall not apply in these regulations.
       (b) The provision of section 1910.6, 29 CFR, regarding the 
     force and effect of standards of agencies of the U.S. 
     Government and organizations that are not agencies of the 
     U.S. Government, which are incorporated by reference in Part 
     1910, shall apply to the standards incorporated into these 
     regulations.
       (c) It is the Board's intent that the standards adopted in 
     these regulations shall have the same force and effect as 
     applied to covered employing offices and employees under 
     section 215 of the CAA as those standards have when applied 
     by OSHA to employers, employees, and places of employment 
     under the jurisdiction of OSHA and the OSHAct.
     Sec. 1900.3  Adoption of occupational safety and health 
         standards.
       (a) Part 1910 Standards. The standards prescribed in 29 CFR 
     part 1910, Subparts B through S, and Subpart Z, as 
     specifically referenced and set forth herein at Appendix 
     A, are adopted as occupational safety and health standards 
     under Section 215(d) of the CAA and shall apply, according 
     to the provisions thereof, to every employment and place 
     of employment of every covered employee engaged in work in 
     an employing office. Each employing office shall protect 
     the employment and places of employment of each of its 
     covered employees by complying with the appropriate 
     standards described in this paragraph.
       (b) Part 1926 Standards. The standards prescribed in 29 CFR 
     part 1926, Subparts C through X and Subpart Z, as 
     specifically referenced and forth herein at Appendix B, are 
     adopted as occupational safety and health standards under 
     Section 215(d) of the CAA and shall apply, according to the 
     provisions thereof, to every employment and place of 
     employment of every covered employee engaged in work in an 
     employing office. Each employing office shall protect the 
     employment and places of employment of each of its covered 
     employees by complying with the appropriate standards 
     described in this paragraph.
       (c) Standards not adopted. This section adopts as 
     occupational safety and health standards under section 215(d) 
     of the CAA the standards which are prescribed in Parts 1910 
     and 1926 of 29 CFR. Thus, the standards (substantive rules) 
     published in subparts B through S and Z of part 1910 and 
     subparts C through X and Z of part 1926 are applied. As set 
     forth in Appendix A and Appendix B to this Part, this section 
     does not incorporate all sections contained in these 
     subparts. For example, this section does not incorporate 
     sections 1910.15, 1910.16, and 1910.142, relating to shipyard 
     employment, longshoring and marine terminals, and temporary 
     labor camps, because such provisions have no application to 
     employment within entities covered by the CAA.
       (d) Copies of the standards which are incorporated by 
     reference may be examined at the Office of Compliance, Room 
     LA 200, 110 Second Street, S.E., Washington, D.C. 20540-1999. 
     The OSHA standards may also be found at 29 CFR Parts 1910 and 
     1926. Copies of the standards may also be examined at the 
     national office of the Occupational Safety and Health 
     Administration, U.S. Department of Labor, Washington, D.C. 
     20210, and their regional offices. Copies of private 
     standards may be obtained from the issuing organizations. 
     Their names and addresses are listed in the pertinent 
     subparts of Parts 1910 and 1926, 29 CFR.
       (e) Any changes in the standards incorporated by reference 
     in the portions of Parts 1910 and 1926, 29 CFR, adopted 
     herein and an official historic file of such changes are 
     available for inspection at the national office of the 
     Occupational Safety and Health Administration, U.S. 
     Department of Labor, Washington, D.C. 20210.

 Appendix A to Part 1900--References to Sections of Part 1910, 29 CFR, 
   Adopted as Occupational Safety and Health Standards Under Section 
                           215(D) of the CAA

       The following is a reference listing of the sections and 
     subparts of Part 1910, 29 CFR, which are adopted as 
     occupational safety and health standards under section 215(d) 
     of the Congressional Accountability Act. Unless otherwise 
     specifically noted, any reference to a section number 
     includes any appendices to that section.

          PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

   Subpart B--Adoption and Extension of Established Federal Standards

Sec.
1910.12  Construction work.
1910.18  Changes in established Federal standards.
1910.19  Special provisions for air contaminants.
       Subpart C--General Safety and Health Provisions [Reserved]

                  Subpart D--Walking--Working Surfaces

1910.21  Definitions.
1910.22  General requirements.
1910.23  Guarding floor and wall openings and holes.
1910.24  Fixed industrial stairs.
1910.25  Portable wood ladders.
1910.26  Portable metal ladders.
1910.27  Fixed ladders.
1910.28  Safety requirements for scaffolding.
1910.29  Manually propelled mobile ladder stands and scaffolds 
              (towers).
1910.30  Other working surfaces.
                       Subpart E--Means of Egress

1910.35  Definitions.
1910.36  General requirements.
1910.37  Means of egress, general.
1910.38  Employee emergency plans and fire prevention plans.
Appendix to Subpart E--Means of Egress
   Subpart F--Powered Platforms, Manlifts, and Vehicle-Mounted Work 
                               Platforms

1910.66  Powered platforms for building maintenance.
1910.67  Vehicle-mounted elevating and rotating work platforms.
1910.68  Manlifts.
        Subpart G--Occupational Health and Environmental Control

1910.94  Ventilation.
1910.95  Occupational noise exposure.
1910.96  [Reserved]
1910.97  Nonionizing radiation.
                     Subpart H--Hazardous Materials

1910.101  Compressed gases (general requirements).
1910.102  Acetylene.
1910.103  Hydrogen.
1910.104  [Reserved]
1910.105  Nitrous oxide.
1910.106  Flammable and combustible liquids.
1910.107  Spray finishing using flammable and combustible materials.
1910.108  Dip tanks containing flammable or combustible liquids.
1910.109  Explosives and blasting agents.
1910.110  Storage and handling of liquefied petroleum gases.
1910.111  Storage and handling of anhydrous ammonia.
1910.112  [Reserved]
1910.113  [Reserved]
1910.119  Process safety management of highly hazardous chemicals.
1910.120  Hazardous waste operations and emergency response.
                Subpart I--Personal Protective Equipment

1910.132  General requirements.
1910.133  Eye and face protection.
1910.134  Respiratory protection.
1910.135  Head protection.
1910.136  Foot protection.
1910.137  Electrical protective devices.
1910.138  Hand Protection.
               Subpart J--General Environmental Controls

1910.141  Sanitation.
1910.143 Nonwater carriage disposal systems. [Reserved]
1910.144 Safety color code for marking physical hazards.
1910.145 Specifications for accident prevention signs and tags.
1910.146 Permit-required confined spaces.
1910.147 The control of hazardous energy (lockout/tagout).
                    Subpart K--Medical and First Aid

1910.151 Medical services and first aid.
1910.152 [Reserved]
                       Subpart L--Fire Protection

1910.155 Scope, application and definitions applicable to this subpart.
1910.156 Fire brigades.
Portable Fire Suppression Equipment
1910.157 Portable fire extinguishers.
1910.158 Standpipe and hose systems.
Fixed Fire Suppression Equipment
1910.159 Automatic sprinkler systems.
1910.160 Fixed extinguishing systems, general.
1910.161 Fixed extinguishing systems, dry chemical.
1910.162 Fixed extinguishing systems, gaseous agent.
1910.163 Fixed extinguishing systems, water spray and foam.
Other Fire Protective Systems.
1910.164 Fire detection systems.
1910.165 Employee alarm systems.
Appendices to Subpart L
Appendix A to Subpart L--Fire Protection
Appendix B to Subpart L--National Consensus Standards
Appendix C to Subpart L--Fire Protection References for Further 
              Information
Appendix D to Subpart L--Availability of Publications Incorporated by 
              Reference

[[Page H102]]

In Section 1910.156 Fire Brigades
Appendix E to Subpart L--Test Methods for Protective Clothing
         Subpart M--Compressed Gas and Compressed Air Equipment

1910.166 [Reserved]
1910.167 [Reserved]
1910.168 [Reserved]
1910.169 Air receivers.
               Subpart N--Materials Handling and Storage

1910.176 Handling material--general.
1910.177 Servicing multi-piece and single piece rim wheels.
1910.178 Powered industrial trucks.
1910.179 Overhead and gantry cranes.
1910.180 Crawler locomotive and truck cranes.
1910.181 Derricks.
1910.183 Helicopters.
1910.184 Slings.
               Subpart O--Machinery and Machine Guarding

1910.211  Definitions.
1910.212  General requirements for all machines.
1910.213  Woodworking machinery requirements.
1910.215  Abrasive wheel machinery.
1910.216  [Reserved].
1910.217  Mechanical power presses.
1910.218  Forging machines.
1910.219  Mechanical power-transmission apparatus.
    Subpart P--Hand and Portable Powered Tools and Other Hand-Held 
                               Equipment

1910.241  Definitions.
1910.242  Hand and portable powered tools and equipment, general.
1910.243  Guarding of portable powered tools.
1910.244  Other portable tools and equipment.
               Subpart Q--Welding, Cutting, and Brazing.

1910.251  Definitions.
1910.252  General requirements.
1910.253  Oxygen-fuel gas welding and cutting.
1910.254  Arc welding and cutting.
1910.255  Resistance welding.
                     Subpart R--Special Industries

1910.263  Bakery equipment.
1910.264  Laundry machinery and operations.
1910.265-1910.267  [Reserved].
1910.268  Telecommunications.
1910.269  Electric power generation, transmission, and distribution.
                         Subpart S--Electrical

General
1910.301  Introduction.
Design Safety Standards for Electrical Systems
1910.302  Electric utilization systems.
1910.303  General requirements.
1910.304  Wiring design and protection.
1910.305  Wiring methods, components, and equipment for general use.
1910.306  Specific purpose equipment and installations.
1910.307  Hazardous (classified) locations.
1910.308  Special systems.
1910.309--1910.330  [Reserved]
Safety-Related Work Practices
1910.331  Scope.
1910.332  Training.
1910.3333  Selection and use of work practices.
1910.334  Use of equipment.
1910.335  Safeguards for personnel protection.
1910.336-1910.360  [Reserved]
                Safety-Related Maintenance Requirements

1910.361-1910.380  [Reserved]
               Safety Requirements for Special Equipment

1910.381-1910.398  [Reserved]
                              Definitions

1910.399  Definitions applicable to this subpart.
              Appendix A to Subpart S--Reference Documents

         Appendix B to Subpart S--Explanatory Data  [Reserved]

     Appendix C to Subpart S--Tables, Notes, and Charts  [Reserved]

                        Subparts U-Y  [Reserved]

1910.442-1910.999 [Reserved]
               Subpart Z--Toxic and Hazardous Substances

1910.1000  Air contaminants.
1910.1001  Asbestos.
1910.1002  Coal tar pitch volatiles; interpretation of term.
1910.1003  Carcinogens (4-Nitrobiphenyl, etc.)
1910.1004  alpha-Naphthylamine.
1910.1005  [Reserved]
1910.1006  Methyl chloromethyl ether.
1910.1007  3,3'-Dichlorobenzidine (and its salts).
1910.1008  bis-Chloromethly ether.
1910.1009  beta-Naphthylamine.
1910.1010  Benzidine.
1910.1011  4-Aminodiphenyl.
1910.1012  Ethyleneimine.
1910.1013  beta-Propiolactone.
1910.1014  2-Acetylaminofluorne.
1910.1015  4-Dimethylaminoazobenzene.
1910.1016  N-Nitrosodimethylamine.
1910.1017  Vinyl chloride.
1910.1018  Inorganic arsenic.
1910.1020  Access to employee exposure and medical records.
1910.1025  Lead.
1910.1027  Cadmium.
1910.1028  Benzine.
1910.1029  Coke oven emissions.
1910.1030  Bloodborne pathogens.
1910.1043  Cotton dust.
1910.1044  1,2-dibromo-3-chloropropane.
1910.1045  Acrylonitrile.
1910.1047  Ethylene oxide.
1910.1048  Formaldehyde.
1910.1050  Methylenedianiline.
1910.1096  Ionizing radiation.
1910.1200  Hazard communication.
1910.1201  Retention of DOT markings, placards and labels.
1910.1450  Occupational exposure to hazardous chemicals in 
              laboratories.

 Appendix B to Part 1900--References to Sections of Part 1926, 29 CFR, 
   Adopted as Occupational Safety and Health Standards Under Section 
                           215(D) of the CAA

       The following is a reference listing of the sections and 
     subparts of Part 1926, 29 CFR, which are adopted as 
     occupational safety and health standards under section 215(d) 
     of the Congressional Accountability Act. Unless otherwise 
     specifically noted, any reference to a section number 
     includes the appendices to that section.

       PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

            Subpart C--General Safety and Health Provisions

Sec.
1910.20  General safety and health provisions.
1910.21  Safety training and education.
1910.22  Recording and reporting of injuries. [Reserved]
1910.23  First aid and medical attention.
1910.24  Fire protection and prevention.
1910.25  Housekeeping.
1910.26  Illumination.
1910.27  Sanitation.
1910.28  Personal protective equipment.
1910.29  Acceptable certifications.
1910.31  Incorporation by reference.
1910.32  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  [Reserved].
1926.59  Hazard communication.
1926.60  Methylenedianiline.
1926.61  Retention of DOT markings, placards and labels.
1926.62  Lead.
1926.63  Cadmium (This standard has been redesignated as 1926.1127).
1926.64  Process safety management of highly hazardous chemicals.
1926.65  hazardous waste operations and emergency response.
1926.66  Criteria for design and construction for spray booths.
        Subpart E--Personal Protective and Life Saving Equipment

1926.95  Criteria for personal protective equipment.
1926.96  Occupational foot protection.
1926.97  [Reserved].
1926.98  [Reserved].
1926.99  [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 and combustible 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.
1926.202  Barricades.
1926.203  Definitions applicable to this subpart.
       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.
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
1926.401  Introduction.
1926.401  [Reserved].
Installation Safety Requirements

[[Page H103]]

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  Battery locations and battery charging.
1926.442-1926.448  [Reserved]
Definitions............................................................
1926.449  Definitions applicable to this subpart.
                         Subpart L--Scaffolding

1926.450  [Reserved]
1926.451  Scaffolding.
1926.452  Guardrails, handrails, and covers.
1926.453  Manually propelled mobile ladder stands and scaffolds 
              (towers).
                       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--Determining Roof Widths

               Appendix B to Subpart M--Guardrail Systems

         Appendix C to Subpart M--Personal Fall Arrest Systems

          Appendix D to Subpart M--Positioning Device Systems

         Appendix E to Subpart M--Sample Fall Protection Plans

     Subpart N--Cranes, Derricks, Hoists, Elevators, and Conveyors

1926.550  Cranes and derricks.
1926.551  Helicopters.
1926.552  Material hoists, personnel hoists and elevators.
1926.553  Base-mounted drum hoists.
1926.554  Overhead hoists.
1926.555  Conveyors.
1926.556  Aerial lifts.
           Subpart O--Motor Vehicles and Mechanized Equipment

1926.600  Equipment.
1926.601  Motor vehicles.
1926.602  Material handling equipment.
1926.603  Pile driving equipment.
1926.604  Site clearing.
                         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--Soil Classification

             Appendix B to Subpart P--Sloping and Benching

          Appendix C to Subpart P--Timber Shoring for Trenches

    Appendix D to Subpart P--Aluminum Hydraulic Shoring for Trenches

        Appendix E to Subpart P--Alternatives to Timber Shoring

        Appendix F to Subpart P--Selection of Protective Systems

              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 of masonry construction.
      Appendix to Subpart Q--References to Subpart Q of Part 1926

                       Subpart R--Steel Erection

1926.750  Flooring requirements.
1926.751  Structural steel assembly.
1926.752  Bolting, riveting, fitting-up, and plumbing-up.
1926.753  Safety Nets.
Subpart S--Tunnels and Shafts, 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--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 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.
1926.212  Underwater blasting.
1926.913  Blasting in excavation work under compressed air.
1926.914  Definitions applicable to this subpart.
             Subpart V--Power Transmission and Distribution

1926.950  General requirements.
1926.941  Tools and protective equipment.
1926.952  Mechanical equipment.
1926.953  Material handling.
1926.954  Grounding for protection of employees.
1926.955  Overhead lines.
1926.956  Underground lines.
1926.957  construction in energized substations.
1926.958  External load helicopters.
1926.959  Lineman's body belts, safety straps, and lanyards.
1926.960  Definitions applicable to this subpart.
     Subpart W--Rollover Protective Structures; Overhead Protection

1926.1000  Rollover protective structures (ROPS) for material handling 
              equipment.
1926.1001  Minimum performance criteria for rollover protective 
              structures for designated scrapers, loaders, dozers, 
              graders, and crawler tractors.
1926.1002  Protective frame (ROPS) test procedures and performance 
              requirements for wheel-type agricultural and industrial 
              tractors used in construction.
1926.1003  Overhead protection for operators of agricultural and 
              industrial tractors.
                    Subpart X--Stairways and Ladders

1926.1050  Scope, application, and defintions 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--Ladders

               Subpart Z--Toxic and Hazardous Substances

1926.1100  [Reserved]
1926.1101  Asbestos.
1926.1102  Coal tar pitch volatiles; interpretation of term.
1926.1103  44-Nitrobiphenyl.
1926.1104  alpha-Naphthylamine.
1926.1105  [Reserved]
1926.1106  Methyl chloromethyl ether.
1926.1107  3.3'-Dichlorobenzidine (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-Acetylaminofluorence.
1926.1115  4-Dimethylaminoazobenzene.
1926.1116  N-Nitrosodimethylamine.
1926.1117  Vinyl chloride.
1926.1118  Inorganic arsenic.
1926.1127  Cadmium.
1926.1128  Benzene.
1926.1129  Coke oven emissions.
1926.1144  1,2-dibromo-3-chloropropane.
1926.1145  Acrylonitrile.
1926.1147  Ethylene oxide.
1926.1148  Formaldehyde.
Appendix A to Part 1926--Designations for General Industry Standards

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