[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Rules and Regulations]
[Pages 44533-44546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16530]



[[Page 44533]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915


Occupational Safety and Health Standards for Shipyard Employment

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; technical amendments.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
publishing technical amendments to its Shipyard Employment standards. 
These standards contain a number of minor typographical, grammatical 
and other errors. This document corrects those errors, as well as 
several inaccurate cross-references in these standards. The cross-
references are being changed because the referenced section numbers 
have changed or been removed as a result of prior revisions to OSHA's 
Shipyard Employment rules. The technical amendments and corrections 
being published today are not substantive in nature; they will not 
impose additional compliance obligations on employers or reduce the 
protections provided to workers by these standards.

DATES: Effective on July 3, 2002. The incorporation by reference of 
certain publications listed in this rule is approved by the Director of 
the Federal Register as of July 3, 2002.

FOR FURTHER INFORMATION CONTACT: Amy Agro Wangdahl, Office of Maritime 
Safety Standards, Room N 3609, 200 Constitution Avenue, NW, Washington, 
DC 20210, Telephone (202) 693-2060 (not a toll-free call).

SUPPLEMENTARY INFORMATION: This document makes technical amendments and 
corrections to various standards codified in 29 CFR Part 1915. In 
accordance with the rulemaking provisions of the Administrative 
Procedure Act (5 U.S.C. 553) and 29 CFR 1911.5, OSHA hereby finds good 
cause to publish these amendments and corrections without any further 
delay or public procedure.
    The types of amendments addressed in this correction notice fall 
into four basic categories. However, a majority of the amendments 
contain more than one correction, and may thus fall into more than one 
of these categories.
    The first category involves the correction of errors where text was 
inadvertently omitted or words were incorrectly spelled. In these 
editorial corrections, words such as ``a,'' ``the,'' ``or,'' ``are,'' 
and ``an'' are added to make complete sentences. Spelling and 
grammatical errors such as inappropriate hyphens, missing periods, 
misplaced quotation marks and misspelled words are also corrected. In 
addition, section headings and other portions of the standards are made 
consistent with each other. The second category consists of corrections 
of incorrect citations or cross-references. Some of these errors 
occurred in 1995 when OSHA published the revised Subpart I, Personal 
Protective Equipment 61 FR 26352 ).
    The third category includes minor clarifications of regulatory text 
to reflect the Agency's regulatory intent more accurately. Amendments 
in this category include, for example, the addition of a word to 
clarify the meaning of a regulatory provision. For example, in 
Sec. 1915.165(a), the phrase ``also know as chain stoppers'' was 
inserted after ``devil claws'' for further clarification. The fourth 
category of amendments includes corrections of errors that were made 
when converting from English units of measure to metric units. These 
include corrections of errors in conversion calculations, changes in 
units of measure for consistency, and changes to report the results of 
calculations to the second decimal place for the sake of consistency.
    Technical Amendments: The amendments and corrections made to the 
Shipyard Employment Standards are explained below in two tables. The 
first table includes miscellaneous corrections of typographical, 
grammatical and metric conversion errors. The second table includes the 
remainder of the amendments, which correct incorrect citations and 
cross references and clarify regulatory text. In both tables, the 
changes will be highlighted.

             Table 1.--Typographical and Grammatical Changes
------------------------------------------------------------------------
              Current text                         Amended text
------------------------------------------------------------------------
Sec.  1915.4 (k) The term                (k) The term ``shipbuilding''
 ``shipbuilding'' ns the construction     means the construction of a
 of a vessel including the installation   vessel including the
 of machinery and equipment.              installation of machinery and
                                          equipment.
Sec.  1915.5(d)(1)(v) ANSI 87.1-1979     (d)(1)(v) ANSI Z87.1-1979
 Practice for Occupational and            Practice for Occupational and
 Educational Eye and Face Protection,     Educational Eye and Face
 IBR approved for Sec.  1915.153(b)(2).   Protection, IBR approved for
                                          Sec. 1915.153(b)(2).
Note: For flammable liquids with flash   Note to paragraph (a)(1)(iv):
 points above 150 deg. F (65.6 deg. C),   For flammable liquids with
 see paragraph (b) of this section.       flash points above 150 deg. F
                                          (65.6 deg. C), see paragraph
                                          (b) of this section.
Sec.  1915.14(b)(1)(iii) The engine      (b)(1)(iii) The engine room and
 room and boiler spaces for which a       boiler spaces for which a
 Marine Chemist or a Coast Guard          Marine Chemist or a Coast
 authorized person certificate is not     Guard authorized person
 required under paragraph (a)(1)(i) of    certificate is not required
 this section, and.                       under paragraph (a)(1)(i) of
                                          this section.
Note to 1915.14: See appendix A for      Note to Sec.  1915.14: See
 additional information relevant to       appendix A of this subpart for
 performing hot work safely.              additional information
                                          relevant to performing hot
                                          work safely.
Sec.  1915.15(c) Tests to maintain the   (c) Tests to maintain the
 conditions of a Marine Chemist's or      conditions of a Marine
 Coast Guard authorized person's          Chemist's or Coast Guard
 certificates. A competent person shall   authorized person's
 visually inspect and test each space     certificates. A competent
 certified as ``Safe for Workers'' or     person shall visually inspect
 ``Safe for Hot Work,'' as often as       and test each space certified
 necessary to ensure that atmospheric     as ``Safe for Workers'' or
 conditions within the space is           ``Safe for Hot Work,'' as
 maintained within the conditions         often as necessary to ensure
 established by the certificate after     that atmospheric conditions
 the certificate has been issued.         within that space are
                                          maintained within the
                                          conditions established by the
                                          certificate after the
                                          certificate has been issued.
Sec.  1915.15(e) Tests to maintain a     (e) Tests to maintain a
 competent person's findings.             competent person's findings
Sec.  1915.35(b)(2) If the ventilation   (b)(2) If the ventilation fails
 fails or if the concentration of         or if the concentration of
 solvent vapors rises above ten (10)      solvent vapors reaches or
 percent of the lower explosive limit,    exceeds ten (10) percent of
 painting shall be stopped and the        the lower explosive limit,
 compartment shall be evacuated until     painting shall be stopped and
 the concentration again falls below      the compartment shall be
 ten (10) percent of the lower            evacuated until the
 explosive limit. If the concentration    concentration again falls
 does not fall when painting is           below ten (10) percent of the
 stopped, additional ventilation to       lower explosive limit. If the
 bring the concentration down to ten      concentration does not fall
 (10) percent of the lower explosive      when painting is stopped,
 limit shall be provided.                 additional ventilation to
                                          bring the concentration to
                                          below ten (10) percent of the
                                          lower explosive limit shall be
                                          provided.

[[Page 44534]]

 
Sec.  1915.51(d)(2)(i) Metals            (d)(2)(i) Metals containing
 containing lead, other than as an        lead, other than as an
 impurity, or metals coated with lead-    impurity, or metals coated
 bearing materials.                       with lead-bearing materials.
Sec.  1915.71(e)(2)(ii) Ladders over 16  (e)(2)(ii) Ladders over 16 feet
 feet long and up to and including        long and up to and including
 those 20 feet long shall have side       those 20 feet long shall have
 tails of not less than 1\5/16\ x 3       side rails of not less than
 inch lumber.                             1\5/16\ x 3 inch lumber.
Sec.  1915.71(e)(9) Platform planking    (e)(9) Platform planking shall
 shall be in accordance with the          be in accordance with the
 requirements of paragraph (i) of this    requirements of paragraph (i)
 section, except that width of the        of this section, except that
 platform planking shall not exceed the   width of the platform planking
 distance between the siderails.          shall not exceed the distance
                                          between the side rails
Sec.  1915.71(f)(8) No more than two     (f)(8) No more than two persons
 men shall be permitted to work at one    shall be permitted to work at
 time on a swinging scaffold built to     one time on a swinging
 the minimum specifications contained     scaffold built to the minimum
 in this paragraph. Where heavier         specifications contained in
 construction is used, the number of      this paragraph. Where heavier
 men permitted to work on the scaffold    construction is used, the
 shall be determined by the size and      number of persons permitted to
 the safe working load of the scaffold    work on the scaffold shall be
                                          determined by the size and the
                                          safe working load of the
                                          scaffold
Sec.  1915.72(a)(6) Manufactured         (a)(6) Manufactured portable
 portable wood ladders provided by the    wood ladders provided by the
 employer shall be in accordance with     employer shall be in
 the provisions of the American           accordance with the provisions
 National Standards Institute Safety      of the American National
 Code for Portable Wood Ladders, A14.1-   Standards Institute Safety
 1975.                                    Code for Portable Wood
                                          Ladders, A14-1975
Sec.  1915.72(c)(1)(iii) Cleats shall    (c)(1)(iii) Cleats shall be
 be nailed to each rail with five 10d     nailed to each rail with five
 common wire nails or fastened with       10d common wire nails or
 through bolts or other fastenings of     fastened with through bolts or
 equivalent strength                      other fasteners of equivalent
                                          strength.
Sec.  1915.74(a)(2) Each side of such    (a)(2) Each side of such
 gangway, and the turn table if used,     gangway, and the turn table if
 shall have a railing with a minimum      used, shall have a railing
 height of approximately 33 inches        with a minimum height of
 measured perpendicularly from rail to    approximately 33 inches
 walking surface at the stanchion, with   measured perpendicularly from
 a mid rail                               rail to walking surface at the
                                          stanchion, with a midrail.
Sec.  1915.75(b) Each side of such       (b) Each side of such gangway,
 gangway, ramp or permanent stairway,     ramp or permanent stairway,
 including those which are used for       including those which are used
 access to wing walls from dry dock       for access to wing walls from
 floors, shall have a railing with a      dry dock floors, shall have a
 mid rail.                                railing with a midrail.
Sec.  1915.75(d) Railings approximately  (d) Railings approximately 42
 42 inches in height, with a mid rail,    inches in height, with a
 shall be provided on the edges of wing   midrail, shall be provided on
 walls of floating dry docks and on       the edges of wing walls of
 edges of graving docks                   floating dry docks and on
                                          edges of graving docks.
Sec.  1915.75(e) When employees are      (e) When employees are working
 working on the floor of a floating dry   on the floor of a floating dry
 dock where they are exposed to the       dock where they are exposed to
 hazard of falling into the water, the    the hazard of falling into the
 end of the dry dock shall be equipped    water, the end of the dry dock
 with portable stanchions and 42 inch     shall be equipped with
 railings with a mid rail. When such a    portable stanchions and 42
 railing would be impracticable or        inch railings with a midrail.
 ineffective, other effective means       When such a railing would be
 shall be provided to prevent men from    impracticable or ineffective,
 falling into the water                   other effective means shall be
                                          provided to prevent employees
                                          from falling into the water.
Sec.  1915.77(a) Paragraphs (b) through  (a) Paragraphs (b) through (d)
 (d) of this section shall apply to       of this section shall apply to
 ship repairing, shipbuilding             ship repairing shipbuilding
 operations and shall not apply to        operations, and shall not
 shipbreaking                             apply to shipbreaking
Sec.  1915.112(c)(3) Interlink wear,     (c)(3) Interlink wear, not
 not accompanied by stretch in excess     accompanied by stretch in
 of 5 percent, shall be noted and the     excess of 5 percent, shall be
 chain removed from service when          noted and the chain removed
 maximum allowable wear at any point of   from service when maximum
 link, as indicated in Table G-9 in       allowable wear at any point of
 1915.18 has been reached                 link, as indicated in Table G-
                                          9 in Sec.  1915.118 has been
                                          reached.
Sec.  115(d) Accessible areas within     (d) Accessible areas within the
 the swing radius of the outermost part   swing radius of the outermost
 of the body of a revolving derrick or    part of the body of a
 crane wither permanently or              revolving derrick or crane
 temporarily mounted, shall be guarded    whether permanently or
 in such a manner as to prevent an        temporarily mounted, shall be
 employee from being in such a position   guarded in such a manner as to
 as to be struck by the crane or caught   prevent an employee from being
 between the crane and fixed parts of     in such a position as to be
 the vessel or of the crane itself        struck by the crane or caught
                                          between the crane and fixed
                                          parts of the vessel or of the
                                          crane itself.
Sec.  1915.118
Table E-1 Heading
2nd & 3rd columns under ``Light Duty''
``24 or less'' ``24 to 40'' ``40 to      ``[le] 24'' `` 24
 60''.                                    [le] 40'' `` 40
                                          [le] 60''.
Sec.  1915.118
Table E-3 Heading
2nd & 3rd columns under ``Height in
 Feet''
``Up to 10'' ``10 to 16'' ``16 to 20''.  ``[le]10'' ``10
                                          [le]16'' ``16 [le]
                                          20''
Sec.  1915.118, in the second column of
 Table G-1, Diameter in Inches,
1\15/32\...............................  \15/32\
1\13/16\...............................  \13/16\
Sec.  1915.118, in table G-3 in column
 ``B'' under the heading ``Vertical,''
621....................................  61
Sec.  1915.118, in table G-7, in the
 second column under the heading
 ``Single leg,''
27,6...................................  27.6
Sec.  1915.118, in table G-9, in the
 first column under ``Chain size in
 inches,''
1\1/6\.................................  1\1/8\
In the second column, under ``Maximum
 allowable wear in fraction of inches''
1\1/64\................................  \11/64\
1\1/32\................................  \11/32\

[[Page 44535]]

 
Sec.  1915.131(c) All portable, power-   (c) All portable, power-driven
 driven circular saws shall be equipped   circular saws shall be
 with guards above and below the base     equipped with guards above and
 plate or shoe. The upper guard shall     below the base plate or shoe.
 cover the saw to the depth of the        The upper guard shall cover
 teeth, except for the minimum are        the saw to the depth of the
 required to permit the base to be        teeth, except for the minimum
 tilted for bevel cuts. The lower guard   arc required to permit the
 shall cover the saw to the depth of      base to be tilted for bevel
 the teeth, except for the minimum are    cuts. The lower guard shall
 required to allow proper retraction      cover the saw to the depth of
 and contact with the work.               the teeth, except for the
                                          minimum arc required to allow
                                          proper retraction and contact
                                          with the work.
Sec.  1915.131(d) The moving parts of    (d) The moving parts of
 machinery on dry dock shall be guarded.  machinery on a dry dock shall
                                          be guarded.
Sec.  1915.131(g) Headers, manifolds     (g) Headers, manifolds and
 and widely spaced hose connection on     widely spaced hose connections
 compressed air lines shall bear the      on compressed air lines shall
 work ``air'' in letters at least 1       bear the word ``air'' in
 inch high, which shall be painted        letters at least 1 inch high,
 either on the manifold or separate       which shall be painted either
 hose connections, or on signs            on the manifolds or separate
 permanently attached to the manifolds    hose connections, or on signs
 or connections                           permanently attached to the
                                          manifolds or connections.
Sec.  1915.134(c) Cup type wheels used   (c) Cup type wheels used for
 for external grinding shall be           external grinding shall be
 protected by either a revolving cup      protected by either a
 guard or a band type guard in            revolving cup guard or a band
 accordance with the provisions of the    type guard in accordance with
 United States of America Standard        the provisions of the United
 Safety Code for the Use, Care, and       States of America Standard
 Protection of Abrasive Wheels, B7.1      Safety Code for the Use, Care,
                                          and Protection of Abrasive
                                          Wheels, B7.1-1964.
Sec.  1915.152(e)(2) The employer shall  (e)(2) The employer shall
 ensure that each effected employee       ensure that each affected
 demonstrates the ability to use PPE      employee demonstrates the
 properly before being allowed to         ability to use PPE properly
 perform work requiring the use of PPE    before being allowed to
                                          perform work requiring the use
                                          of PPE.
------------------------------------------------------------------------


In amendments 25, 26, 27 and 29,     Currently Reads    Changed To
 there were many numerical mistakes  22.2 Kn..........  22.24 Kn
 made when converting English units  13.3 Kn..........  13.34 Kn
 to metric units. Rather than        1.8 m............  1.83 m
 listing standard by standard, this  140 kg...........  140.62 kg
 is a listing of which standards     4.1 cm...........  4.13 cm
 are being corrected, together with  113 kg...........  113.34 kg
 the current and corrected           8.89 Kn..........  8.9 Kn
 measurements                        1.2 m............  1.22 m
  Sec.  1915.158(b)(4)               27 m.............  27.43 m
  Sec.  1915.159(a)(3)               10 Kn............  10.01kn
  Sec.  1915.159(a)(9)               10 cm............  10.16 cm
  Sec.  1915.159(b)(2)               136 kg...........  136.08 kg
  Sec.  1915.159(b)(3)               5 cm.............  5.08 cm
  Sec.  1915.159(b)(4)               0.3 m............  0.31 m
  Sec.  1915.159(b)(6)(iv)           2.3 m............  2.29 m
  The Note to paragraph (b)(6)       46 cm............  45.72 cm
  Sec.  1915.159(b)(7)               100 kg...........  99.79 kg
  Sec.  1915.159(c)(1)(i)            1.6 kg...........  1.36 kg
  Sec.  1915.159(c)(8)               11.2 Kn..........  11.21 Kn
  Sec.  1915.160(a)(2)               30.5 cm..........  30.48 cm
  Sec.  1915.160(b)(1)               1 cm.............  1.02 mm
  Sec.  1915.160(b)(2)(i)            96 cm............  96.52 cm
  Sec.  1915.160 (b)(2)(ii)
  Appendix B to Subpart I--
 throughout
------------------------------------------------------------------------


Appendix A to Subpart I, paragraph 10
Selection guidelines for foot            10. Selection guidelines for
 protection.                              foot protection.
(a) Safety shoes and boots ANSI Z41-     (a) Safety shoes and boots must
 1991 and provide impact and              meet ANSI Z41-1991 and provide
 compression protection to the foot.      impact and compression
 Where necessary, safety shoes can be     protection to the foot. Where
 obtained which provide puncture          necessary, safety shoes can be
 protection. In some work situations,     obtained which provide
 metatarsal protection should be          puncture protection. In some
 provided, and in some other special      work situations, metatarsal
 situations electrical conductive or      (top of foot) protection
 insulating safety shoes would be         should be provided, and in
 appropriate.                             some other special situations
                                          electrical conductive or
                                          insulating safety shoes would
                                          be appropriate.
Sec.  1915.163(a)(1) The isolation and   (a)(1) The isolation and
 shutoff valves connecting the dead       shutoff valves connecting the
 system with the life system or systems   dead system with the live
 shall be secured, blanked, and tagged    system or systems shall be
 indicating that employees are working    secured, blanked, and tagged
 on the systems                           indicating that employees are
                                          working on the systems.
Sec.  1915.163(a)(2) Drain connections   (a)(2) Drain connections to the
 to atmosphere on all of the dead         atmosphere on all of the dead
 interconnecting systems shall be         interconnecting systems shall
 opened for visual observation of         be opened for visual
 drainage                                 observation of drainage.
Sec.  1915.165(a)(1) The devil claws     (a)(1) The devil claws (also
 shall be made fast to the anchor         known as chain stoppers) shall
 chains                                   be made fast to the anchor
                                          chains.
Sec.  1915.181(c) Deenergizing the       (c) Deenergizing the circuit
 circuit shall be accomplished by         shall be accomplished by
 opening the circuit breaker, opening     opening the circuit breaker,
 the switch, or removing the fuse,        opening the switch, or
 whichever is appropriate. The circuit    removing the fuse, whichever
 breaker, switch, or fuse location        is appropriate. The circuit
 shall be tagged to indicate that an      breaker, switch, or fuse
 employee is working on the circuit.      location shall be tagged to
 Such tags shall not be removed nor the   indicate that an employee is
 circuit energized until it it            working on the circuit. Such
 definitely determined that the work on   tags shall not be removed nor
 the circuit has been completed           the circuit energized until it
                                          is definitely determined that
                                          the work on the circuit has
                                          been completed.

[[Page 44536]]

 
Sec.  1915.1000(d) Computation formulae  (d) Computation formula.
Sec.  1915.1001(d)(2) Asbestos hazards   (d)(2) Asbestos hazards at a
 at a multi-employer work site shall be   multi-employer worksite shall
 abated by the contractor who created     be abated by the contractor
 or controls the source of asbestos       who created or controls the
 contamination                            source of asbestos
                                          contamination.
Sec.  1915.1001(d)(4) All employers of   (d)(4) All employers of
 eployees working adjacent to regulated   employees working adjacent to
 areas established by another employer    regulated areas established by
 on a multi-employer work-site, shall     another employer on a multi-
 take steps on a daily basis to           employer worksite, shall take
 ascertain the integrity of the           steps on a daily basis to
 enclosure and/or the effectiveness of    ascertain the integrity of the
 the control method relied on by the      enclosure and/or the
 primary asbestos contractor to assure    effectiveness of the control
 that asbestos fibers do not migrate to   method relied on by the
 such adjacent areas                      primary asbestos contractor to
                                          assure that asbestos fibers do
                                          not migrate to such adjacent
                                          areas.
Sec.  1915.1001(g)(5)(ii)(B)(1) Each     (g)(5)(ii)(B)(1) Each glovebag
 glovebag shall be installed so that it   shall be installed so that it
 completely covers the circumference of   completely covers the
 pipe or other structure where the work   circumference of pipes or
 is to be done                            other structures where the
                                          work is to be done
Sec.  1915.1001(g)(5)(ii)(B)(7) Where    (g)(5)(ii)(B)(7) Where a system
 system uses attached waste bag, such     uses an attached waste bag,
 bag shall be connected to collection     such bag shall be connected to
 bag using hose or other material which   a collection bag using hose or
 shall withstand pressure of ACM waste    other material which shall
 and water without losing its             withstand the pressure of ACM
 integrity:                               waste and water without losing
                                          its integrity:
Sec.  1915.1001(g)(5)(ii)(B)(8) Sliding  (g)(5)(ii)(B)(8) A sliding
 valve or other device shall separate     valve or other device shall
 waste bag from hose to ensure no         separate the waste bag from
 exposure when waste bag is               the hose to ensure no exposure
 disconnected:                            when the waste bag is
                                          disconnected:
Sec.  1915.1001(g)(5)(iii)(A)            (g)(5)(iii)(A) Specifications:
 Specifications: In addition to           In addition to the
 specifications for glove bag systems     specifications for glove bag
 above, negative pressure glove bag       systems above, negative
 systems shall attach HEPA vacuum         pressure glove bag systems
 system or other device to bag to         shall attach the HEPA vacuum
 prevent collapse during removal          system or other device bag to
                                          prevent collapse during
                                          removal.
Sec.  1915.1001(g)(8)(iii)(C) Unwrapped  (g)(8)(iii)(C) Unwrapped or
 or unbagged panels or shingles shall     unbagged panels or shingles
 be immediately lowered to the ground     shall be immediately lowered
 via covered dust-tight chute, crane or   to the ground via a covered
 hoist, or placed in an impervious        dust-tight chute, crane or
 waste bag or wrapped in plastic          hoist, or placed in an
 sheeting and lowered to the ground no    impervious waste bag or
 later than the end of the work shift.    wrapped in plastic sheeting
                                          and lowered to the ground no
                                          later than the end of the work
                                          shift.
Sec.  1915.1001(h)(1)(iv) During all     (h)(1)(iv) During all Class II
 Class II and III asbestos jobs where     and III asbestos jobs where
 the employer does not produce a          the employer does not produce
 ``negative exposure assessment''.        a ``negative exposure
                                          assessment''.
Sec.  1915.1001
Table 1, first column
Not in excess of 1 f/cc (10) x PEL), or  Not in excess of 1 f/cc (10 x
 otherwise as required independent of     PEL), or otherwise as required
 exposure pursuant to paragraph           independent of exposure
 (h)(2)(iv) of this section.              pursuant to paragraph
                                          (h)(2)(iv) of this section.
Sec.  1915.1001(i)(4)(i) The qualified   (i)(4)(i) The qualified person
 person shall examine worksuits worn by   shall examine worksuits worn
 employees at least once per workshift    by employees at least once per
 for rips or tears that may occur         workshift for rips or tears
 during performance of work.              that may occur during the
                                          performance of work.
Sec.  1915.1001(k)(3) Duties of          (k)(3) Duties of employers
 employers whose employees perform work   whose employees perform work
 subject to this standard in or           subject to this standard in or
 adjacent to areas containing ACM and     adjacent to areas containing
 PACM.                                    ACM and PACM.
Sec.  1915.1001(k)(3)(ii) Before work    (k)(3)(ii) Before work under
 under this standard is performed         this standard is performed
 employers of employees who will          employers of employees who
 perform such work shall inform the       will perform such work shall
 following persons of the location and    inform the following persons
 quantity of ACM and/or PACM present at   of the location and quantity
 the work site and the precautions to     of ACM and/or PACM present at
 be taken to insure that airborne         the worksite and the
 asbestos is confined to the area.        precautions to be taken to
                                          insure that airborne asbestos
                                          is confined to the area.
Sec.  1915.1001(k)(5)(ii)(A) Having a    (k)(5)(ii)(A) Having completed
 completed inspection conducted           an inspection conducted
 pursuant to the requirements of AHERA    pursuant to the requirements
 (40 CFR Part 763, Subpart E) which       of AHERA (40 CFR Part 763,
 demonstrates that the material is not    Subpart E) which demonstrates
 ACM; or.                                 that the material is not ACM;
                                          or
Sec.  1915.1001(k)(9)(vi) Training for   (k)(9)(vi) Training for
 employees performing Class IV            employees performing Class IV
 operations shall be consistent with      operations shall be consistent
 EPA requirements for training of local   with EPA requirements for
 education agency maintenance and         training of local education
 custodial staff as set forth at 40 CFR   agency maintenance and
 763.92(a)(1). Such a course shall        custodial staff as set forth
 include available information            at 40 CFR 763.92(a)(1). Such a
 concerning the locations of thermal      course shall include available
 system insulation and surfacing ACM/     information concerning the
 PACM, and asbestos-containing flooring   locations of thermal system
 material, or flooring material where     insulation and surfacing ACM/
 the absence of asbestos has not yet      PACM, and asbestos-containing
 been certified; and instruction in the   flooring material where the
 recognition of damage, deterioration,    absence of asbestos has not
 and delamination of asbestos             yet been certified; and
 containing building materials. Such      instruction in the recognition
 course shall take at least 2 hours.      of damage, deterioration, and
                                          delamination of asbestos
                                          containing building materials.
                                          Such a course shall take at
                                          least 2 hours.
Sec.  1915.1001(k)(9)(viii) The          (k)(9)(viii) The training
 training program shall be conducted in   program shall be conducted in
 a manner that the employee is able to    a manner that the employee is
 understand. In addition to the content   able to understand. In
 required by provisions in paragraphs     addition to the content
 (k)(9)(iii) through (vi) of this         required by the provisions in
 section, the employer shall ensure       paragraphs (k)(9)(iii) through
 that each such employee is informed of   (vi) of this section, the
 the following:.                          employer shall ensure that
                                          each such employee is informed
                                          of the following:
Sec.  1915.1001(o) Qualified Person (1)  (o) Qualified Person (1)
 General. On all shipyard worksites       General. On all shipyard
 covered by this standard, the employer   worksites covered by this
 shall designate a qualified person,      standard, the employer shall
 having the qualifications and            designate a qualified person,
 authorities for ensuring worker safety   having the qualifications and
 and health required by Subpart C,        authority for ensuring worker
 General Safety and Health Provisions     safety and health required by
 for Construction (29 CFR 1926.20         Subpart C, General Safety and
 through 1926.32).                        Health Provisions for
                                          Construction (29 CFR 1926.20
                                          through 1926.32).
Appendix C to Sec.  1915.1001--
 Qualitative and Quantitative Fit
 Testing Procedures. Mandatory
Qualitative Fit Test Protocols.
I. Isoamyl Acetate Protocol............  I. Isoamyl Acetate Protocol
Appendix C to Sec.  1915.1001--
 Qualitative and Quantitative Fit
 Testing Procedures. Mandatory

[[Page 44537]]

 
II. Saccharin Solution Aerosol Protocol
B. Taste Threshold Screening...........  B. Taste Threshold Screening.
Appendix C to Sec.  1915.1001--
 Qualitative and Quantitative Fit
 Testing Procedures. Mandatory
C. Fit test
15. Successful completion of the test    15. Successful completion of
 protocol shall allow the use of the      the test protocol shall allow
 half mask tested respirator in           the use of the half mask
 contaminated atmospheres up to 10        tested respirator in
 times the PEL of asbestos. In other      contaminated atmospheres up to
 words this protocol may be used assign   10 times the PEL of asbestos.
 protection factors no higher than ten.   In other words this protocol
                                          may be used to assign
                                          protection factors no higher
                                          than ten.
Appendix C to Sec.  1915.1001--
 Qualitative and Quantitative Fit
 Testing Procedures. Mandatory
III. Irritant Fume Protocol
 Quantitative Fit Test Procedures
1. General.
a. The method applies to the negative-   a. The method applies to
 pressure non-powered air-purifying       negative-pressure non-powered
 respirators only.                        air-purifying respirators
                                          only.
Appendix C to Sec.  1915.1001--
 Qualitative and Quantitative Fit
 Testing Procedures. Mandatory
III. Irritant Fume Protocol
 Quantitative Fit Test Procedures
2. Definitions.........................  2. Definitions.
Appendix C to Sec.  1915.1001--
 Qualitative and Quantitative Fit
 Testing Procedures. Mandatory
III. Irritant Fume Protocol
 Quantitative Fit Test Procedures
5. Exercise Regime. Prior to entering    5. Exercise Regime. Prior to
 the test chamber, the test subject       entering the test chamber, the
 shall be given complete instructions     test subject shall be given
 as to her/his part in the test           complete instructions as to
 procedures.                              her/his part in the test
                                          procedures.
Appendix C to Sec.  1915.1001--
 Qualitative and Quantitative Fit
 Testing Procedures. Mandatory
III. Irritant Fume Protocol
 Quantitative Fit Test Procedures
6. The test shall be terminated          6. Test Termination. The test
 whenever any single peak penetration     shall be terminated whenever
 exceeds 5 percent for half-masks and 1   any single peak penetration
 percent for full facepieces. The test    exceeds 5 percent for half-
 subject may be refitted and retested.    masks and 1 percent for full
 If two of the three required tests are   facepieces. The test subject
 terminated, the fit shall be deemed      may be refitted and retested.
 inadequate. (See paragraph 4.h).         If two of the three required
                                          tests are terminated, the fit
                                          shall be deemed inadequate.
                                          (See paragraph 4.h)
Appendix C to Sec.  1915.1001--
 Qualitative and Quantitative Fit
 Testing Procedures. Mandatory
III. Irritant Fume Protocol
 Quantitative Fit Test Procedures
9. Other requirements..................  9. Other requirements
f. Filters used for qualitative or       f. Filters used for qualitative
 quantitative fit testing shall be        or quantitative fit testing
 replaced weekly, whenever increased      shall be replaced weekly,
 breathing resistance is encountered or   whenever increased breathing
 when the test agent has altered the      resistance is encountered, or
 integrity of the filter media.           when the test agent has
Organic vapor cartridges/canisters,       altered the integrity of the
 shall be replaced daily or sooner if     filter media. Organic vapor
 there is any indication of               cartridges/canisters shall be
 breakthrough by the test agent.          replaced daily or sooner if
                                          there is any indication of
                                          breakthrough by the test
                                          agent.
------------------------------------------------------------------------


  Table 2.--Incorrect Citations, Cross References and Clarification of
                             Regulatory Text
------------------------------------------------------------------------
 Text as it currently reads       Amended text           Explanation
------------------------------------------------------------------------
Sec.  1915.4(t) The term      (t) The term          Correcting a
 ``portable unfired pressure   ``portable unfired    reference to an
 vessel'' means any pressure   pressure vessel''     agency.
 container or vessel used      means any pressure
 aboard ship, other than the   container or vessel
 ship's equipment,             used aboard ship,
 containing liquids or gases   other than the
 under pressure, excepting     ship's equipment,
 pressure vessels built to     containing liquids
 ICC regulations under 49      or gases under
 CFR Part 178, Subparts C      pressure, excepting
 and H.                        pressure vessels
                               built to Department
                               of Transportation
                               regulations under
                               49 CFR Part 178,
                               Subparts C and H.
Sec.  1915.5(d)(1)(i) ANSI    (d)(1)(i) ANSI A14.1- Corrects inaccurate
 A14.1-1959 Safety Code for    1975 Safety Code      date of the
 Portable Wood Ladders, IBR    for Portable Wood     incorporated ANSI
 approved for Sec.             Ladders, IBR          standard.
 1915.72(a)(6).                approved for Sec.
                               1915.72(a)(6).
Sec.  1915.5(d)(1)(ii) ANSI   (d)(1)(ii) ANSI       Corrects inaccurate
 A14.2-1956 Safety Code for    A14.2-1972 Safety     date of the
 Portable Metal Ladders, IBR   Code for Portable     incorporated ANSI
 approved for Sec.             Metal Ladders, IBR    standard and
 1995.72(a)(4).                approved for Sec.     corrects the
                               1915.72(a)(4).        reference to Sec.
                                                     1915.
Sec.  1915.14(a)(1)(iv)       (a)(1)(iv)            Language changed to
 Exception: On dry cargo,      Exception: On dry     ensure the intent
 miscellaneous and passenger   cargo,                of the Agency, in
 vessels and in the landside   miscellaneous and     addition to an
 operations within spaces      passenger vessels     incorrect
 which meet the standards      and in the landside   measurement.
 for oxygen, flammability      operations within
 and toxicity in Sec.          spaces which meet
 1915.12, but are adjacent     the standards for
 to spaces containing          oxygen,
 flammable gases or liquids,   flammability and
 as long as the gases or       toxicity in Sec.
 liquids have a flash point    1915.12, but are
 below 150 deg. F (65.6 deg.   adjacent to spaces
 C) and the distance between   containing
 such spaces and the work is   flammable gases or
 25 feet (7.5m) or greater.    liquids, with a
                               flash point below
                               150  deg.F (65.6
                               deg.C) when the
                               distance between
                               such spaces and the
                               work is 25 feet
                               (7.62 m) or greater.

[[Page 44538]]

 
Sec.  1915.14(b)(1)(iv)       (b)(1)(iv) Vessels    Corrects inaccurate
 Vessels and vessel sections   and vessel sections   reference.
 for which a Marine Chemist    for which a Marine
 or Coast Guard authorized     Chemist or Coast
 person certificate is not     Guard authorized
 required under paragraph      person certificate
 (a)(1)(iv) of this section,   is not required
 and                           under paragraph
                               (a)(1)(i) of this
                               section,
Appendix A to Subpart B:
    Section 1915.12(a)(4)...  Section               Previous rulemaking
                               1915.12(a)(3).        combined Sec.
                                                     1915.12(a)(3) and
                                                     (a)(4) to create
                                                     the current Sec.
                                                     1915.12(a)(3).
                                                     Therefore, the
                                                     correct reference
                                                     is Sec.
                                                     1915.12(a)(3).
Appendix A to Subpart B:
    2nd paragraph under       Section               As currently
     Section 1915.12(a)(4)     1915.12(a)(4) An      written, this
     An oxygen content of      oxygen content of     provision would
     19.5 percent can          19.5 percent can      require a competent
     support life and is       support life and is   person to look for
     adequate for entry.       adequate for entry.   oxygen deficiency
     However, any oxygen       However, any oxygen   or oxygen enriched
     level less than 20.8      level greater than    atmosphere that
     percent and greater       20.8 percent by       would occur between
     than 19.5 percent level   volume should alert   19.5 percent and
     should also alert the     the competent         20.8 percent, which
     competent person to       person to look for    is the proper
     look for the causes of    the cause of the      oxygen content for
     the oxygen deficiency     oxygen-enriched       entry. This was
     and to correct them       atmosphere and        changed to reflect
     prior to entry.           correct it prior to   the proper oxygen
                               entry. In addition,   content that would
                               any oxygen level      signify an oxygen
                               lower than 19.5       deficient or oxygen
                               percent level         enriched
                               should also alert     atmosphere.
                               the competent
                               person to look for
                               the cause of the
                               oxygen-deficiency
                               and correct it
                               prior to entry.
Appendix A to Subpart B:
    Section 1915.12(b)(4),..  Section               See Section
                               1915.12(b)(3),.       1915.12(a)(4).
Appendix A to Subpart B:
    Section 1915.14(a) and    Section 1915.14(a)    Language added for
     (b) Hot work. This is a   and (b) Hot work.     clarification and
     reminder that other       This is a reminder    consistency.
     sections of the OSHA      that other sections
     shipyard safety and       of the OSHA
     health standards in       shipyard safety and
     part 1915 should be       health standards in
     reviewed prior to         part 1915 should be
     starting any hot work.    reviewed prior to
     Most notably, Subpart     starting any hot
     D, Welding, Cutting and   work. Most notably,
     Heating, places           Subpart D, Welding,
     additional restrictions   Cutting and
     on hot work: The          Heating, places
     requirements of 1915.51   additional
     and 1915.53 must be met   restrictions on hot
     before hot work is        work: The
     begun on any metal that   requirements of
     is toxic or is covered    Secs.  1915.51 and
     by a preservative         1915.53 must be met
     coating respectively;     before hot work is
     the requirements of       begun on any metal
     1915.54 must be met       that is toxic or is
     before welding,           covered by a
     cutting, or heating is    preservative
     begun on any structural   coating
     voids.                    respectively; the
                               requirements of
                               Sec.  1915.54 must
                               be met before
                               welding, cutting,
                               or heating is begun
                               on any hollow
                               containers or
                               structures not
                               covered by Sec.
                               1915.12.
Sec.  1915.51(c)(3) When      (c)(3) When           Corrects paragraph
 sufficient ventilation        sufficient            reference to
 cannot be obtained without    ventilation cannot    reflect section and
 blocking the means of         be obtained without   paragraph numbering
 access, employees in the      blocking the means    changes made in
 confined space shall be       of access,            1996 revision of
 protected by air line         employees in the      Subpart I.
 respirators in accordance     confined space
 with the requirements of      shall be protected
 1915.152(a), and an           by air line
 employee on the outside of    respirators in
 such a confined space shall   accordance with the
 be assigned to maintain       requirements of
 communication with those      Sec.  1915.152, and
 working within it and to      an employee on the
 aid them in an emergency.     outside of such a
                               confined space
                               shall be assigned
                               to maintain
                               communication with
                               those working
                               within it and to
                               aid them in an
                               emergency.
Sec.  1915.51(d)(1) Welding,  (d)(1) Welding,       Corrects an
 cutting or heating in any     cutting or heating    incorrect
 enclosed spaces aboard the    in any enclosed       reference.
 vessel involving the metals   spaces abroad the
 specified below shall be      vessel involving
 performed with either         the metals
 general mechanical or local   specified below
 exhaust ventilation meeting   shall be performed
 the requirements of           with either general
 paragraph (a) of this         mechanical or local
 section.                      exhaust ventilation
                               meeting the
                               requirements of
                               paragraph (b) of
                               this section.
Sec.  1915.51(d)(2) Welding,  (d)(2) Welding,       See Sec.
 cutting or heating in any     cutting or heating    1915.51(c)(3).
 enclosed spaces aboard the    in any enclosed
 vessel involving the metals   spaces aboard the
 specified below shall be      vessel involving
 performed with local          the metals
 exhaust ventilation in        specified below
 accordance with the           shall be performed
 requirements of paragraph     with local exhaust
 (b) of this section or        ventilation in
 employees shall be            accordance with the
 protected by air line         requirements of
 respirators in accordance     paragraph (b) of
 with the requirements of      this section or
 1915.152(a).                  employees shall be
                               protected by air
                               line respirators in
                               accordance with the
                               requirements of
                               Sec.  1915.154.

[[Page 44539]]

 
Sec.  1915.51(d)(3)           (d)(3) Employees      See Sec.
 Employees performing such     performing such       1915.51(c)(3).
 operations in the open air    operations in the
 shall be protected by         open air shall be
 filter type respirators in    protected by filter
 accordance with the           type respirators,
 requirements of paragraphs    and employees
 (a) and (d)(2)(iv) of         performing such
 1915.152, except that         operations on
 employees performing such     beryllium-
 operations on beryllium-      containing base or
 containing base or filler     filler metals shall
 metals shall be protected     be protected by air
 by air line respirators in    line respirators,
 accordance with the           in accordance with
 requirements of 1915.152(a).  the requirements of
                               Sec.  1915.154.
Sec.  1915.51(e)(1)(ii)       (e)(1)(ii) Helpers    See Sec.
 Helpers and other employees   and other employees   1915.51(c)(3).
 in the area not protected     in the area not
 from the arc by screening     protected from the
 as provided in 1915.56(e)     arc by screening as
 shall be protected by         provided in
 filter lenses meeting the     1915.56(e) shall be
 requirements of 1915.151(a)   protected by filter
 and (c). When two or more     lenses meeting the
 welders are exposed to each   requirements of
 other's arc, filter lens      Sec.  1915.153.
 goggles of a suitable type    When two or more
 meeting the requirements      welders are exposed
 1915.151(a) and (c) shall     to each other's
 be worn under welding         arc, filter lens
 helmets or hand shields to    goggles of a
 protect the welder against    suitable type
 flashes and radiant energy    meeting the
 when either the helmet is     requirements of
 lifted or the shield is       Sec.  1915.153
 removed.                      shall be worn under
                               welding helmets or
                               hand shields to
                               protect the welder
                               against flashes and
                               radiant energy when
                               either the helmet
                               is lifted or the
                               shield is removed.
Sec.  1915.51(f)(2)           (f)(2) Employees      See Sec.
 Employees performing any      performing any type   1915.51(c)(3).
 type of welding, cutting or   of welding, cutting
 heating shall be protected    or heating shall be
 by suitable eye protective    protected by
 equipment in accordance       suitable eye
 with the requirements of      protective
 1915.151(a) and (c).          equipment in
                               accordance with the
                               requirements of
                               Sec.  1915.153.
Sec.  1915.53(d)(1) In        (d)(1) In enclosed    See Sec.
 enclosed spaces, all          spaces, all           1915.51(c)(3)
 surfaces covered with toxic   surfaces covered
 preservatives shall be        with toxic
 stripped of all toxic         preservatives shall
 coatings for a distance of    be stripped of all
 at least 4 inches from the    toxic coatings for
 area of heat application or   a distance of at
 the employees shall be        least 4 inches from
 protected by air line         the area of heat
 respirators meeting the       application or the
 requirements of 1915.152(a).  employees shall be
                               protected by air
                               line respirators
                               meeting the
                               requirements of
                               Sec.  1915.154.
Sec.  1915.53(d)(2) In the    (d)(2) In the open    See Sec.
 open air, employees shall     air, employees        1915.51(c)(3).
 be protected by a filter      shall be protected
 type respirator in            by a filter type
 accordance with the           respirator in
 requirements of 1915.152      accordance with the
 (a) and (d).                  requirements of
                               Sec.  1915.154.
Sec.  1915.71(j)(3) Rails     (j)(3) Rails may be   See Sec.
 may be omitted where the      omitted where the     1915.51(c)(3).
 structure of the vessel       structure of the
 prevents their use. When      vessel prevents
 rails are omitted,            their use. When
 employees working more than   rails are omitted,
 5 feet above solid surfaces   employees working
 shall be protected by         more than 5 feet
 safety belts and life lines   above solid
 meeting the requirements of   surfaces shall be
 1915.154(b), and employees    protected by safety
 working over water shall be   belts and life
 protected by buoyant work     lines meeting the
 vests meeting the             requirements of
 requirements of 1915.154(a).  Sec.  1915.159 and
                               Sec.  1915.160, and
                               employees working
                               over water shall be
                               protected by
                               buoyant work vests
                               meeting the
                               requirements of
                               Sec.  1915.158(a).
Sec.  1915.73(e) When         (e) When employees    See Sec.
 employees are working near    are working near      1915.51(c)(3).
 the unguarded edges of        the unguarded edges
 decks of vessels afloat,      of decks of vessels
 they shall be protected by    afloat, they shall
 personal flotation devices,   be protected by
 meeting the requirements of   personal flotation
 1915.154(a).                  devices, meeting
                               the requirements of
                               Sec.  1915.158(a).
Sec.  1915.74(c)(2) Unless    (2) Unless employees   A portion of the
 employees can step safely     can step safely to    first sentence was
 to or from the wharf,         or from the wharf,    inadvertently
 float, barge, or river        float, barge, or      removed from
 towboat, either a ramp in     river towboat,        previous printings.
 accordance with               either a ramp         As currently
 requirements of paragraph     meeting the           written, the
 (a)(7) of this section        requirements of       reference of (a)(7)
 shall be provided.            paragraph (c)(1) of   is to the walkway,
                               this section or a     not the ramp
                               safe walkway          requirements, and
                               meeting the           ``a safe walkway''
                               requirements of       has been added back
                               paragraph (a)(7) of   in.
                               this section shall
                               be provided.
Sec.  1915.77(c) When         (c) When employees    See Sec.
 employees are working         are working aloft,    1915.51(c)(3).
 aloft, or elsewhere at        or elsewhere at
 elevations more than 5 feet   elevations more
 above a solid surface,        than 5 feet above a
 either scaffolds or a         solid surface,
 sloping ladder, meeting the   either scaffolds or
 requirements of this          a sloping ladder,
 subpart, shall be used to     meeting the
 afford safe footing, or the   requirements of
 employees shall be            this subpart, shall
 protected by safety belts     be used to afford
 and lifelines meeting the     safe footing, or
 requirements of 1915.154(b).  the employees shall
                               be protected by
                               safety belts and
                               lifelines meeting
                               the requirements of
                               Sec.  1915.159 and
                               Sec.  1915.160.

[[Page 44540]]

 
Sec.  1915.77(e) When         (e) When employees    See Sec.
 employees are boarding,       are boarding,         1915.51(c)(3).
 leaving, or working from      leaving, or working
 small boats or floats, they   from small boats or
 shall be protected by         floats, they shall
 personal flotation devices    be protected by
 meeting the requirements of   personal flotation
 1915.154.                     devices meeting the
                               requirements of
                               Sec.  1915.158(a).
Sec.  1915.92(e) Employees    (e) Employees shall   The reference has
 shall not be permitted to     not be permitted to   been corrected to
 enter dark spaces without a   enter dark spaces     be more specific.
 suitable portable light.      without a suitable
 The use of matches and open   portable light. The
 flame lights is prohibited.   use of matches and
 In nongas free spaces,        open flame lights
 portable lights shall meet    is prohibited. In
 the requirements of 1915.13.  nongas free spaces,
                               portable lights
                               shall meet the
                               requirements of
                               1915.13(b)(9).
Sec.  1915.97(a) The          (a) The employee      Corrects paragraph
 employer shall provide all    shall provide all     reference to
 necessary controls, and the   necessary controls,   reflect section and
 employees shall be            and the employees     paragraph numbering
 protected by suitable         shall be protected    changes made in
 personal protective           by suitable           1994 when OSHA
 equipment against the         personal protective   redesignated Sec.
 hazards identified under      equipment against     1915.99 to Sec.
 1915.99 of this part and      the hazards           1915.1200 to
 those hazards for which       identified under      provide similar
 specific precautions are      Sec.  1915.1200 of    section numbers for
 required in Subparts B, C,    this part and those   the same topics in
 and D of this part.           hazards for which     the general
                               specific              industry standards.
                               precautions are
                               required in
                               Subparts B, C, and
                               D of this part.
Sec.  1915.116(n) A section   (n) A section of      Language added for
 of hatch through which        hatch through which   clarification.
 materials or equipment are    materials or
 being raised, lowered,        equipment are being
 moved, or otherwise shifted   raised, lowered,
 manually or by a crane,       moved, or otherwise
 winch, hoist, or derrick,     shifted manually or
 shall be completely opened.   by a crane, winch,
 The beam or pontoon left in   hoist, or derrick,
 place adjacent to an          shall be completely
 opening shall be              opened. The beam or
 sufficiently lashed, locked   pontoon left in
 or otherwise secured to       place adjacent to
 prevent it from being         an opening shall be
 unshipped so that it cannot   sufficiently
 be displaced by accident.     lashed, locked or
                               otherwise secured
                               to prevent it from
                               moving so that it
                               cannot be displaced
                               by accident.
Sec.  1915.158(a)(1) PFDs     (1) PFDs (life        The language has
 (life preservers, life        preservers, life      been changed to be
 jackets, and work vests)      jackets, or work      consistent with
 worn by each affected         vests) worn by each   Sec.  1917.95(b)(2)
 employee shall be any         affected employee     and Sec.
 United States Coast Guard     must be United        1917.95(b)(2) when
 (USCG) approved and marked    States Coast Guard    addressing Personal
 Type I PFD, type II PFD, or   (USCG) approved       Flotation Devices
 Type III PFD; of PFDs shall   pursuant to 46 CFR    (PFD). The new
 be a USCG approved Type V     part 160 (Type I,     language also
 PFD which is marked for use   II, III, or V PFD)    clarifies the
 as a work vest, for           and marked for use    requirement for
 commercial use, or for use    as a work vest, for   PFDs.
 on vessels. USCG approval     commercial use, or
 is pursuant to 46 CFR part    for use on vessels.
 160, subpart Q, Coast Guard   USCG approval is
 Lifesaving Equipment          pursuant to 46 CFR
 Specifications.               part 160, Coast
                               Guard Lifesaving
                               Equipment
                               Specifications.
Sec.  1915.172(a) Portable,   (a) Portable,         This change corrects
 unfired pressure vessels,     unfired pressure      the section
 built after the effective     vessels, built        reference to the
 date of this regulation       after the effective   ASME Boiler and
 shall be marked and           date of this          Pressure Vessel
 reported indicating that      regulation, shall     Code.
 they have been designed and   be marked and
 constructed to meet the       reported indicating
 standards of the American     that they have been
 Society of Mechanical         designed and
 Engines Boiler and Pressure   constructed to meet
 Vessel Code, Section XIII,    the standards of
 Rules for Construction of     the American
 Unfired Pressure Vessels,     Society of
 1963.                         Mechanical
                               Engineers Boiler
                               and Pressure Vessel
                               Code, Section VIII,
                               Rules for
                               Construction of
                               Unfired Pressure
                               Vessels 1963. They
                               shall be subjected,
                               to a hydrostatic
                               pressure test of
                               one and one-half
                               times the working
                               pressure of the
                               vessels.
------------------------------------------------------------------------

    Good Cause Exception: The corrections and editorial changes in this 
document are not substantive, and they will become effective on July 3, 
2002. OSHA finds good cause for this rule to take effect upon 
publication, so that these nonsubstantive amendments will be 
incorporated in the 2002 edition of the CFR. This will increase the 
convenience to the public in using the new edition of CFR. See 5 U.S.C. 
553(d).
    For the same reasons, it is certified that no substantive changes 
are being made which would require analysis under the Regulatory 
Flexibility Act or under Executive Order 12291.

List of Subjects in 29 CFR Part 1915

    Hazardous substances, Incorporation by reference, Longshore and 
harbor workers, Occupational safety and health, Reporting and 
recordkeeping, Shipyards.

    Authority: This document has been prepared under the direction 
of John L. Henshaw, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution 
Avenue, NW, Washington, DC 20210. These technical amendments are 
made pursuant to sections 4, 6 and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657), section 41 of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), 
Secretary of Labor's Order No. 3-2000 (65 FR 50017), and 29 CFR part 
1911.

    Signed at Washington, DC this 26th day of June, 2002.
John L. Henshaw,
Assistant Secretary of Labor.

    Accordingly, 29 CFR part 1915 is amended as set forth below:

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD 
EMPLOYMENT

    1. The authority citation for part 1915 is revised to read as 
follows:

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 941);

[[Page 44541]]

secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 
653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 
8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 
FR 111), or 3-2000 (65 FR 50017) as applicable.
    2. In Sec. 1915.4, revise paragraphs (k) and (t) to read as 
follows:


Sec. 1915.4  Definitions.

* * * * *
    (k) The term shipbuilding means the construction of a vessel 
including the installation of machinery and equipment.
* * * * *
    (t) The term portable unfired pressure vessel means any pressure 
container or vessel used aboard ship, other than the ship's equipment, 
containing liquids or gases under pressure, excepting pressure vessels 
built to Department of Transportation regulations under 49 CFR part 
178, subparts C and H.
* * * * *

    3. In Sec. 1915.5, revise paragraphs (d)(1)(i), (d)(1)(ii), and 
(d)(1)(v) to read as follows:


Sec. 1915.5  Incorporation by reference.

* * * * *
    (d)(1)* * *
    (i) ANSI A14.1-1975 Safety Requirements for Portable Wood Ladders, 
IBR approved for Sec. 1915.72(a)(6).
    (ii) ANSI A14.2-1972 Safety Requirements for Portable Metal 
Ladders, IBR approved for Sec. 1915.72(a)(4).
* * * * *
    (v) ANSI Z87.1-1979 Practice for Occupational and Educational Eye 
and Face Protection, IBR approved for Sec. 1915.153(b)(2).
* * * * *
    4. In Sec. 1915.14, revise paragraph (a)(1)(iv), the note to 
paragraph (a)(1)(iv), paragraphs (b)(1)(iii), (b)(1)(iv), and the note 
to Sec. 1915.14 to read as follows:


Sec. 1915.14  Hot work.

    (a) * * * (1) * * *
    (iv) Exception: On dry cargo, miscellaneous and passenger vessels 
and in the landside operations within spaces which meet the standards 
for oxygen, flammability and toxicity in Sec. 1915.12, but are adjacent 
to spaces containing flammable gases or liquids, with a flash point 
below 150  deg.F (65.6  deg.C) when the distance between such spaces 
and the work is 25 feet (7.62 m) or greater.
    Note to Paragraph (a)(1)(iv): For flammable liquids with flash 
points above 150  deg.F (65.6  deg.C), see paragraph (b) of this 
section.
* * * * *
    (b) * * * (1) * * *
    (iii) The engine room and boiler spaces for which a Marine Chemist 
or a Coast Guard authorized person certificate is not required under 
paragraph (a)(1)(i) of this section (iv) Vessels and vessel sections 
for which a Marine Chemist or Coast Guard authorized person certificate 
is not required under paragraph (a)(1)(iv) of this section.
* * * * *
    Note to Sec. 1915.14: See appendix A of this subpart for additional 
information relevant to performing hot work safely.

    5. In Sec. 1915.15, revise paragraph (c) and the heading to 
paragraph (e) to read as follows:


Sec. 1915.15  Maintenance of safe conditions.

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

    6. Amend Appendix A to Subpart B as follows:
    a. Revise the heading of Section 1915.12(a)(4) to read Section 
1915.12(a)(3);
    b. Revise the second paragraph under Section 1915.12(a)(3);
    c. Revise the heading of Section 1915.12(b)(4) to read Section 
1915.12(b)(3);
    d. Revise the paragraph titled Section 1915.14(a) and (b) Hot Work
    The revisions read as follows:

Appendix A to Subpart B--Compliance Assistance Guidelines for Confined 
and Enclosed Spaces and Other Dangerous Atmospheres

* * * * *

Section 1915.12(a)(3).

    * * *
    An oxygen content of 19.5 percent can support life and is adequate 
for entry. However, any oxygen level greater than 20.8 percent by 
volume should alert the competent person to look for the cause of the 
oxygen-enriched atmosphere and correct it prior to entry. In addition, 
any oxygen level lower than 19.5 percent level should also alert the 
competent person to look for the cause of the oxygen-deficiency and 
correct it prior to entry.
    Section 1915.12(b)(3) Flammable atmospheres. * * *
* * * * *
    Section 1915.14 (a) and (b) Hot work. This is a reminder that other 
sections of the OSHA shipyard safety and health standards in part 1915 
should be reviewed prior to starting any hot work. Most notably, 
subpart D, Welding, Cutting and Heating, places additional restrictions 
on hot work. The requirements of Secs. 1915.51 and 1915.53 must be met 
before hot work is begun on any metal that is toxic or is covered by a 
preservative coating respectively; the requirements of Sec. 1915.54 
must be met before welding, cutting, or heating is begun on any hollow 
containers or structures not covered by Sec. 1915.12.
* * * * *

    7. In Sec. 1915.35, revise paragraph (b)(2) to read as follows:


Sec. 1915.35  Painting.

* * * * *
    (b) * * *
    (2) If the ventilation fails or if the concentration of solvent 
vapors reaches or exceeds ten (10) percent of the lower explosive 
limit, painting shall be stopped and the compartment shall be evacuated 
until the concentration again falls below ten (10) percent of the lower 
explosive limit. If the concentration does not fall when painting is 
stopped, additional ventilation to bring the concentration to below ten 
(10) percent of the lower explosive limit shall be provided.
* * * * *

    8. In Sec. 1915.51, revise paragraphs (c)(3), (d)(1) introductory 
text, (d)(2) introductory text, (d)(2)(i), (d)(3), (e)(1)(ii), and 
(f)(2) to read as follows:


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

* * * * *
    (c) * * *
    (3) When sufficient ventilation cannot be obtained without blocking 
the means of access, employees in the confined space shall be protected 
by air line respirators in accordance with the requirements of 
Sec. 1915.154, and an employee on the outside of such a confined space 
shall be assigned to maintain communication with those working within 
it and to aid them in an emergency.
    (d) Welding, cutting or heating of metals of toxic significance. 
(1) Welding, cutting or heating in any enclosed spaces aboard the 
vessel involving the metals specified below shall be performed with 
either general mechanical or local exhaust ventilation

[[Page 44542]]

meeting the requirements of paragraph (b) of this section:
* * * * *
    (2) Welding, cutting or heating in any enclosed spaces aboard the 
vessel involving the metals specified below shall be performed with 
local exhaust ventilation in accordance with the requirements of 
paragraph (b) of this section or employees shall be protected by air 
line respirators in accordance with the requirements of Sec. 1915.154:
    (i) Metals containing lead, other than as an impurity, or metals 
coated with lead-bearing materials.
* * * * *
    (3) Employees performing such operations in the open air shall be 
protected by filter type respirators, and employees performing such 
operations on beryllium-containing base or filler metals shall be 
protected by air line respirators, in accordance with the requirements 
of Sec. 1915.154.
* * * * *
    (e) Inert-gas metal-arc welding. (1) * * *
    (ii) Helpers and other employees in the area not protected from the 
arc by screening as provided in Sec. 1915.56(e) shall be protected by 
filter lenses meeting the requirements of Sec. 1915.153. When two or 
more welders are exposed to each other's arc, filter lens goggles of a 
suitable type meeting the requirements of Sec. 1915.153 shall be worn 
under welding helmets or hand shields to protect the welder against 
flashes and radiant energy when either the helmet is lifted or the 
shield is removed.
* * * * *
    (f) * * *
    (2) Employees performing any type of welding, cutting or heating 
shall be protected by suitable eye protective equipment in accordance 
with the requirements of Sec. 1915.153.
* * * * *

    9. In Sec. 1915.53, revise paragraph (d) to read as follows:


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

* * * * *
    (d) Protection against toxic preservative coatings. (1) In enclosed 
spaces, all surfaces covered with toxic preservatives shall be stripped 
of all toxic coatings for a distance of at least 4 inches from the area 
of heat application or the employees shall be protected by air line 
respirators meeting the requirements of Sec. 1915.154.
    (2) In the open air, employees shall be protected by a filter type 
respirator in accordance with the requirements of Sec. 1915.154.
* * * * *

    10. In Sec. 1915.71, revise paragraphs (e)(2)(ii), (e)(9), (f)(8), 
and (j)(3) to read as follows:


Sec. 1915.71  Scaffolds or staging.

* * * * *
    (e) * * *
    (2) * * *
    (ii) Ladders over 16 feet long and up to and including those 20 
feet long shall have side rails of not less than 1\5/16\ x 3 inch 
lumber.
* * * * *
    (9) Platform planking shall be in accordance with the requirements 
of paragraph (i) of this section, except that the width of the platform 
planking shall not exceed the distance between the side rails.
    (f) * * *
    (8) No more than two persons shall be permitted to work at one time 
on a swinging scaffold built to the minimum specifications contained in 
this paragraph. Where heavier construction is used, the number of 
persons permitted to work on the scaffold shall be determined by the 
size and the safe working load of the scaffold.
* * * * *
    (j) * * *
    (3) Rails may be omitted where the structure of the vessel prevents 
their use. When rails are omitted, employees working more than 5 feet 
above solid surfaces shall be protected by safety belts and life lines 
meeting the requirements of Secs. 1915.159 and 1915.160, and employees 
working over water shall be protected by buoyant work vests meeting the 
requirements of Sec. 1915.158(a).
* * * * *
    11. In Sec. 1915.72, revise paragraphs (a)(4),(a)(6) and 
(c)(1)(iii) to read as follows:


Sec. 1915.72  Ladders.

    (a) * * *
    (4) Portable metal ladders shall be of strength equivalent to that 
of wood ladders. Manufactured portable metal ladders provided by the 
employer shall be in accordance with the provisions of ANSI Standard 
A14.2-1972: Safety Requirements for Portable Metal Ladders 
(incorporated by reference, see Sec. 1915.5).
* * * * *
    (6) Manufactured portable wood ladders provided by the employer 
shall be in accordance with the provisions of ANSI Standard A14.1-1975: 
Safety Requirements for Portable Wood Ladders (incorporated by 
reference, see Sec. 1915.5).
* * * * *
    (c) Construction of portable wood cleated ladders from 30 to 60 
feet in length. (1) * * *
    (iii) Cleats shall be nailed to each rail with five 10d common wire 
nails or fastened with through bolts or other fasteners of equivalent 
strength.
* * * * *

    12. In Sec. 1915.73, revise paragraph (e) to read as follows:


Sec. 1915.73  Guarding of deck openings and edges.

* * * * *
    (e) When employees are working near the unguarded edges of decks of 
vessels afloat, they shall be protected by personal flotation devices, 
meeting the requirements of Sec. 1915.158(a).
* * * * *
    13. In Sec. 1915.74 revise paragraph (a)(2) and the first sentence 
of paragraph (c)(2) to read as follows:


Sec. 1915.74  Access to vessels.

    (a) * * *
    (2) Each side of such gangway, and the turn table if used, shall 
have a railing with a minimum height of approximately 33 inches 
measured perpendicularly from rail to walking surface at the stanchion, 
with a midrail. Rails shall be of wood, pipe, chain, wire or rope and 
shall be kept taut at all times.
* * * * *
    (c) * * *
    (2) Unless employees can step safely to or from the wharf, float, 
barge, or river towboat, either a ramp meeting the requirements of 
paragraph (c)(1) of this section or a safe walkway meeting the 
requirements of paragraph (a)(7) of this section shall be provided. * * 
*
* * * * *

    14. In Sec. 1915.75, revise the first sentence of paragraphs (b) 
and (d) and revise paragraph (e) to read as follows:


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

* * * * *
    (b) Each side of such gangway, ramp or permanent stairway, 
including those which are used for access to wing walls from dry dock 
floors, shall have a railing with a midrail. * * *
* * * * *
    (d) Railings approximately 42 inches in height, with a midrail, 
shall be provided on the edges of wing walls of floating dry docks and 
on edges of graving docks. * * *
    (e) When employees are working on the floor of a floating dry dock 
where they are exposed to the hazard of falling into the water, the end 
of the dry dock shall be equipped with portable

[[Page 44543]]

stanchions and 42 inch railings with a midrail. When such a railing 
would be impracticable or ineffective, other effective means shall be 
provided to prevent employees from falling into the water.
* * * * *

    15. In Sec. 1915.77, revise the first sentence of paragraphs (a) 
and (c) and revise paragraph (e) to read as follows:


Sec. 1915.77  Working surfaces.

    (a) Paragraphs (b) through (d) of this section shall apply to ship 
repairing and shipbuilding operations, and shall not apply to 
shipbreaking. * * *
* * * * *
    (c) When employees are working aloft, or elsewhere at elevations 
more than 5 feet above a solid surface, either scaffolds or a sloping 
ladder, meeting the requirements of this subpart, shall be used to 
afford safe footing, or the employees shall be protected by safety 
belts and lifelines meeting the requirements of Secs. 1915.159 and 
1915.160. * * *
* * * * *
    (e) When employees are boarding, leaving, or working from small 
boats or floats, they shall be protected by personal flotation devices 
meeting the requirements of Sec. 1915.158(a).
* * * * *
    16. In Sec. 1915.92, revise paragraph (e) to read as follows:


Sec. 1915.92  Illumination.

* * * * *
    (e) Employees shall not be permitted to enter dark spaces without a 
suitable portable light. The use of matches and open flame lights is 
prohibited. In nongas free spaces, portable lights shall meet the 
requirements of Sec. 1915.13(b)(9).
* * * * *

    17. In Sec. 1915.97, revise paragraph (a) to read as follows:


Sec. 1915.97  Health and sanitation.

    (a) The employer shall provide all necessary controls, and the 
employees shall be protected by suitable personal protective equipment 
against the hazards identified in Sec. 1915.1200 of this part and those 
hazards for which specific precautions are required in subparts B, C, 
and D of this part.
* * * * *
    18. In Sec. 1915.112, revise paragraph (c)(3) to read as follows:


Sec. 1915.112  Ropes, chains and slings.

* * * * *
    (c) * * *
    (3) Interlink wear, not accompanied by stretch in excess of 5 
percent, shall be noted and the chain removed from service when maximum 
allowable wear at any point of link, as indicated in Table G-9 in 
Sec. 1915.118, has been reached.
* * * * *

    19. In Sec. 1915.115, revise paragraph (d) to read as follows:


Sec. 1915.115  Hoisting and hauling equipment.

* * * * *
    (d) Accessible areas within the swing radius of the outermost part 
of the body of a revolving derrick or crane, whether permanently or 
temporarily mounted, shall be guarded in such a manner as to prevent an 
employee from being in such a position as to be struck by the crane or 
caught between the crane and fixed parts of the vessel or of the crane 
itself.
* * * * *

    20. In Sec. 1915.116, revise paragraph (n) to read as follows:


Sec. 1915.116  Use of gear.

* * * * *
    (n) A section of hatch through which materials or equipment are 
being raised, lowered, moved, or otherwise shifted manually or by a 
crane, winch, hoist, or derrick, shall be completely opened. The beam 
or pontoon left in place adjacent to an opening shall be sufficiently 
lashed, locked or otherwise secured to prevent it from moving so that 
it cannot be displaced by accident.
* * * * *

    21. In Sec. 1915.118:


Sec. 1915.118  Tables.

    a. Revise the headings in the second and third columns in table E-
1, from ``24 or less'' ``24-40'' ``40-60'' to ``[le]24'' 
``24[le] 40'' ``40[le]60'' respectively
    b. Revise the heading in table E-3 from ``Up to 10'' ``10 to 16'' 
``16 to 20'' to ``[le]10'' ``10[le]16'' 
``16[le]20'' respectively
    c. In the second column of table G-1, under ``Diameter in Inches'' 
remove ``1-15/32'' and add in its place ``15/32'' and remove ``1-13/
16'' and add in its place ``13/16'';
    d. In table G-3, under 6 x 37 Classification in column ``B'' under 
the heading ``Vertical,'' remove ``621'' and add in its place, ``61'';
    e. In table G-7, in the second column under the heading ``Single 
leg,'' remove ``27,6'' and add in its place ``27.6'';
    f. In table G-9, in the first column under ``Chain size in 
inches,'' remove ``1-1/6'' and add in its place ``1-1/8'';
    g. In table G-9, in the second column under ``Maximum allowable 
wear in fraction of inches'' remove ``1-1/64'' and add in its place 
``11/64,'' and remove ``1-1/32'' and add in its place ``11/32'';

    22. In Sec. 1915.131, revise the first three sentences of paragraph 
(c), revise paragraph (d) and the first sentence of paragraph (g) to 
read as follows:


Sec. 1915.131  General precautions.

* * * * *
    (c) All portable, power-driven circular saws shall be equipped with 
guards above and below the base plate or shoe. The upper guard shall 
cover the saw to the depth of the teeth, except for the minimum arc 
required to permit the base to be tilted for bevel cuts. The lower 
guard shall cover the saw to the depth of the teeth, except for the 
minimum arc required to allow proper retraction and contact with the 
work. * * *
    (d) The moving parts of machinery on a dry dock shall be guarded.
* * * * *
    (g) Headers, manifolds and widely spaced hose connections on 
compressed air lines shall bear the word ``air'' in letters at least 1-
inch high, which shall be painted either on the manifolds or separate 
hose connections, or on signs permanently attached to the manifolds or 
connections. * * *
* * * * *

    23. In Sec. 1915.134, revise the first sentence of paragraph (c) to 
read as follows:


Sec. 1915.134  Abrasive wheels.

* * * * *
    (c) Cup type wheels used for external grinding shall be protected 
by either a revolving cup guard or a band type guard in accordance with 
the provisions of the United States of America Standard Safety Code for 
the Use, Care, and Protection of Abrasive Wheels, B7.1-1964. * * *
* * * * *

    24. In Sec. 1915.152, revise paragraph (e)(2) to read as follows:


Sec. 1915.152  General requirements.

* * * * *
    (e) * * *
    (2) The employer shall ensure that each affected employee 
demonstrates the ability to use PPE properly before being allowed to 
perform work requiring the use of PPE.
* * * * *

    25. In Sec. 1915.158, revise paragraphs (a)(1) and (b)(4) to read 
as follows:


Sec. 1915.158  Lifesaving equipment.

    (a) Personal flotation devices (PFDs).
    (1) PFDs (life preservers, life jackets, or work vests) worn by 
each affected employee must be United States Coast Guard (USCG) 
approved pursuant to 46

[[Page 44544]]

CFR part 160 (Type I, II, III, or V PFD) and marked for use as a work 
vest, for commercial use, or for use on vessels. USCG approval is 
pursuant to 46 CFR part 160, Coast Guard Lifesaving Equipment 
Specifications.
* * * * *
    (b) * * *
    (4) At least 90 feet (27.43m) of line shall be attached to each 
ring life buoy.
* * * * *

    26. In Sec. 1915.159, revise paragraphs (a)(3), (a)(9), (b)(2), 
(b)(3), (b)(4), (b)(6)(iv), the note to paragraph (b)(6), paragraphs 
(b)(7), (c)(1)(i), and (c)(8) to read as follows:


Sec. 1915.159  Personal fall arrest systems (PFAS).

* * * * *
    (a) * * *
    (3) D-rings and snaphooks shall be capable of sustaining a minimum 
tensile load of 5,000 pounds (22.24 Kn).
* * * * *
    (9) Anchorages shall be capable of supporting at least 5,000 pounds 
(22.24 Kn) per employee attached, or shall be designed, installed, and 
used as follows:
* * * * *
    (b) * * *
    (2) Vertical lifelines and lanyards shall have a minimum tensile 
strength of 5,000 pounds (22.24 Kn).
    (3) Self-retracting lifelines and lanyards that automatically limit 
free fall distances to 2 feet (0.61 m) or less shall be capable of 
sustaining a minimum tensile load of 3,000 pounds (13.34 Kn) applied to 
a self-retracting lifeline or lanyard with the lifeline or lanyard in 
the fully extended position.
    (4) Self-retracting lifelines and lanyards which do not limit free 
fall distance to 2 feet (0.61 m) or less, ripstitch lanyards and 
tearing and deforming lanyards shall be capable of sustaining a minimum 
static tensile load of 5,000 pounds (22.24 Kn) applied to the device 
when they are in the fully extended position.
* * * * *
    (6) * * *
    (iv) Have sufficient strength to withstand twice the potential 
impact energy of an employee free falling a distance of 6 feet (1.83 
m), or the free fall distance permitted by the system, whichever is 
less;
    Note to Paragraph (b)(6) of this Section: A personal fall arrest 
system which meets the criteria and protocols contained in appendix B, 
is considered to comply with paragraph (b)(6). If the combined tool and 
body weight is 310 pounds (140.62 kg) or more, systems that meet the 
criteria and protocols contained in appendix B will be deemed to comply 
with the provisions of paragraph (b)(6) only if they are modified 
appropriately to provide protection for the extra weight of the 
employee and tools. (7) Personal fall arrest systems shall be rigged 
such that an employee can neither free fall more than 6 feet (1.83 m) 
nor contact any lower level.
    (c) Criteria for selection, use and care of systems and system 
components.
    (1) * * *
    (i) The attachment point of a body harness shall be located in the 
center of the wearer's back near the shoulder level, or above the 
wearer's head. If the free fall distance is limited to less than 20 
inches (50.8 cm), the attachment point may be located in the chest 
position; and
* * * * *
    (8) Body belts shall be at least one and five-eighths inches (4.13 
cm) wide.
* * * * *

    27. In Sec. 1915.160, revise paragraphs (a)(2), (b)(1), the first 
two sentences of (b)(2)(i) and revise paragraph (b)(2)(ii) to read as 
follows:


Sec. 1915.160  Positioning device systems.

* * * * *
    (a) * * *
    (2) Connecting assemblies shall have a minimum tensile strength of 
5,000 pounds (22.24 Kn).
* * * * *
    (b) Criteria for positioning device systems. (1) Restraint (tether) 
lines shall have a minimum breaking strength of 3,000 pounds (13.34 
Kn).
    (2) * * *
    (i) A window cleaner's positioning system shall be capable of 
withstanding without failure a drop test consisting of a 6 foot (1.83 
m) drop of a 250-pound (113.4 kg) weight. The system shall limit the 
initial arresting force to not more than 2,000 pounds (8.9 Kn), with a 
duration not to exceed 2 milliseconds. * * *
    (ii) All other positioning device systems shall be capable of 
withstanding without failure a drop test consisting of a 4 foot (1.22 
m) drop of a 250-pound (113.4 kg) weight.
* * * * *
    28. In Appendix A to subpart I of Part 1915, revise paragraph (a) 
of section 10, Selection guidelines for foot protection, to read as 
follows:

Appendix A to Subpart I--Non-Mandatory Guidelines For Hazard 
Assessment, Personal Protective Equipment (PPE), and PPE Training 
Program

* * * * *
    10. Selection guidelines for foot protection. (a) Safety shoes and 
boots must meet ANSI Z41-1991 and provide impact and compression 
protection to the foot. Where necessary, safety shoes can be obtained 
which provide puncture protection. In some work situations, metatarsal 
(top of foot) protection should be provided, and in some other special 
situations, electrical conductive or insulating safety shoes would be 
appropriate.
* * * * *
    29. In Appendix B to Subpart I of Part 1915, revise paragraphs 
1(a)(2), 1(a)(4), 1(b)(1), 1(b)(3), 1(b)(5), 1(c)(1)(i), 1(c)(1)(ii), 
1(c)(2)(i), 1(c)(3), 1(d)(1)(i), 2(a)(1) and (2), the first two 
sentences of 2(a)(3), and revise 2(a)(4) to read as follows:

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

    1. Personal fall arrest systems. * * *
    (a) * * *
    (2) The anchorage should be rigid, and should not have a deflection 
greater than .04 inches (1 cm) when a force of 2,250 pounds (10.01 Kn) 
is applied.
* * * * *
    (4) The test weight used in the strength and force tests should be 
a rigid, metal cylindrical or torso-shaped object with a girth of 38 
inches plus or minus 4 inches (96.5 cm plus or minus 10.16 cm).
* * * * *
    (b) Strength test. (1) During the testing of all systems, a test 
weight of 300 pounds plus or minus 5 pounds (136.08 kg plus or minus 
2.27 kg) should be used. (See paragraph (a)(4) above.)
* * * * *
    (3) For lanyard systems, the lanyard length should be 6 feet plus 
or minus 2 inches (1.83 m plus or minus 5.08 cm) as measured from the 
fixed anchorage to the attachment on the body belt or harness.
* * * * *
    (5) For lanyard systems, for systems with deceleration devices 
which do not automatically limit free fall distance to 2 feet (0.61 m) 
or less, and for systems with deceleration devices which have a 
connection distance in excess of 1 foot (0.31 m) (measured between the 
centerline of the lifeline and the attachment point to the body belt or 
harness), the test weight should be rigged to free fall a distance of 
7.5 feet (2.29 m) from a point that is 1.5 feet (45.72 cm) above the 
anchorage point, to its hanging location (6 feet (1.83 m) below the 
anchorage). The test weight should fall without interference, 
obstruction, or hitting the floor or the ground during the test. In 
some cases, a

[[Page 44545]]

non-elastic wire lanyard of sufficient length may need to be added to 
the system (for test purposes) to create the necessary free fall 
distance.
* * * * *
    (c) Force test general. * * *
    (1) For lanyard systems. (i) A test weight of 220 pounds plus or 
minus three pounds (99.79 kg plus or minus 1.36 kg) should be used (see 
paragraph (a)(4) above).
    (ii) Lanyard length should be 6 feet plus or minus 2 inches (1.83 m 
plus or minus 5.08 cm) as measured from the fixed anchorage to the 
attachment on the body belt or body harness.
* * * * *
    (2) For all other systems. (i) A test weight of 220 pounds plus or 
minus 3 pounds (99.79 kg plus or minus 1.36 kg) should be used (see 
paragraph (a)(4) above).
* * * * *
    (3) Failure. A system fails the force test if the recorded maximum 
arresting force exceeds 1,260 pounds (5.6 Kn) when using a body belt, 
or exceeds 2,520 pounds (11.21 Kn) when using a body harness.
* * * * *
    (d) Deceleration device tests--general. * * *
    (1) Rope-grab-type deceleration devices. (i) Devices should be 
moved on a lifeline 1,000 times over the same length of line a distance 
of not less than 1 foot (30.48 cm), and the mechanism should lock each 
time.
* * * * *
    2. Positioning device systems--(a) Test Conditions. (1) The fixed 
anchorage should be rigid and should not have a deflection greater than 
.04 inches (1.02 mm) when a force of 2,250 pounds (10.01 Kn) is 
applied.
    (2) For lineman's body belts and pole straps, the body belt should 
be secured to a 250 pound (113.4 kg) bag of sand at a point which 
simulates the waist of an employee. One end of the pole strap should be 
attached to the rigid anchorage and the other end to the body belt. The 
sand bag should be allowed to free fall a distance of 4 feet (1.22 m). 
Failure of the pole strap and body belt should be indicated by any 
breakage or slippage sufficient to permit the bag to fall free to the 
ground.
    (3) For window cleaner's belts, the complete belt should withstand 
a drop test consisting of a 250 pound (113.4 kg) weight falling free 
for a distance of 6 feet (1.83 m). The weight should be a rigid object 
with a girth of 38 inches plus or minus four inches (96.52 cm plus or 
minus 10.16 cm.) * * *
    (4) All other positioning device systems (except for restraint line 
systems) should withstand a drop test consisting of a 250-pound (113.4 
kg) weight falling free for a distance of 4 feet (1.22 m). The weight 
should be a rigid object with a girth of 38 inches plus or minus 4 
inches (96.52 cm plus or minus 10.16 cm). The body belt or harness 
should be affixed to the test weight as it would be to an employee. The 
system should be connected to the rigid anchor in the manner that the 
system would be connected in normal use. The weight should be lifted 
exactly 4 feet (1.22 m) above its ``at rest'' position and released so 
as to permit a vertical free fall of 4 feet (1.22 m). Any breakage or 
slippage which permits the weight to fall free to the ground should 
constitute failure of the system.

    30. In Sec. 1915.163, revise the first sentence of paragraph (a)(1) 
and revise paragraph (a)(2) to read as follows:


Sec. 1915.163  Ship's piping systems.

    (a) * * *
    (1) The isolation and shutoff valves connecting the dead system 
with the live system or systems shall be secured, blanked, and tagged 
to indicate that employees are working on the systems. * * *
    (2) Drain connections to the atmosphere on all of the dead 
interconnecting systems shall be opened for visual observation of 
drainage.

    31. In Sec. 1915.165, revise paragraph (a)(1) to read as follows:


Sec. 1915.165  Ship's deck machinery.

    (a) * * *
    (1) The devil claws (also known as chain stoppers) shall be made 
fast to the anchor chains.
* * * * *

    32. In Sec. 1915.172, revise the first sentence of paragraph (a) to 
read as follows:


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

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

    33. In Sec. 1915.181, revise paragraph (c) to read as follows:


Sec. 1915.181  Electrical circuits and distribution boards.

* * * * *
    (c) Deenergizing the circuit shall be accomplished by opening the 
circuit breaker, opening the switch, or removing the fuse, whichever 
method is appropriate. The circuit breaker, switch, or fuse location 
shall be tagged to indicate that an employee is working on the circuit. 
Such tags shall not be removed nor the circuit energized until it is 
definitely determined that the work on the circuit has been completed.
* * * * *

    34. In Sec. 1915.1000, revise the heading to paragraph (d) to read 
as follows:


Sec. 1915.1000  Air contaminants.

* * * * *
    (d) Computation formula * * *
* * * * *

    35. In Sec. 1915.1001, revise the first sentence of paragraph 
(d)(2), paragraphs (d)(4), (g)(5)(ii)(B)(1), (g)(5)(ii)(B)(7), 
(g)(5)(ii)(B)(8), (g)(5)(iii)(A), (g)(8)(iii)(C), (h)(1)(iv), the first 
item in the first column of Table 1, paragraphs (i)(4)(i), the heading 
of (k)(3), (k)(3)(ii), (k)(5)(ii)(A), (k)(9)(vi), (k)(9)(viii), and 
(o)(1) to read as follows:


Sec. 1915.1001  Asbestos.

* * * * *
    (d) * * *
    (2) Asbestos hazards at a multi-employer worksite shall be abated 
by the contractor who created or controls the source of asbestos 
contamination. * * *
* * * * *
    (4) All employers of employees working adjacent to regulated areas 
established by another employer on a multi-employer worksite shall take 
steps on a daily basis to ascertain the integrity of the enclosure and/
or the effectiveness of the control method relied on by the primary 
asbestos contractor to assure that asbestos fibers do not migrate to 
such adjacent areas.
* * * * *
    (g) * * *
    (5) * * *
    (ii) * * *
    (B) Work practices--(1) Each glovebag shall be installed so that it 
completely covers the circumference of pipes or other structures where 
the work is to be done.
* * * * *
    (7) Where a system uses an attached waste bag, such bag shall be 
connected to a collection bag using hose or other material which shall 
withstand the pressure of ACM waste and water without losing its 
integrity.
    (8) A sliding valve or other device shall separate the waste bag 
from the hose to ensure no exposure when the waste bag is disconnected.
* * * * *
    (iii) * * *

[[Page 44546]]

    (A) Specifications: In addition to the specifications for glove bag 
systems above, negative pressure glove bag systems shall attach the 
HEPA vacuum system or other device to the bag to prevent collapse 
during removal.
* * * * *
    (8) * * *
    (iii) * * *
    (C) Unwrapped or unbagged panels or shingles shall be immediately 
lowered to the ground via a covered dust-tight chute, crane or hoist, 
or be placed in an impervious waste bag or wrapped in plastic sheeting 
and lowered to the ground no later than the end of the work shift.
* * * * *
    (h) (1) * * *
    (iv) During all Class II and III asbestos jobs where the employer 
does not produce a ``negative exposure assessment.''
* * * * *

          Table 1.--Respiratory Protection for Asbestos Fibers
------------------------------------------------------------------------
   Airborne concentration of asbestos or
             conditions of use                   Required respirator
------------------------------------------------------------------------
Not in excess of 1 f/cc (10 X PEL), or      Half-mask air purifying
 otherwise as required independent of        respirator other than a
 exposure pursuant to paragraph (h)(2)(iv)   disposable respirator,
 of this section.                            equipped with high
                                             efficiency filters.
Not in excess of 5 f/xx (50 X PEL)........  Full facepiece air-purifying
                                             respirator equipped with
                                             high efficiency filters.
Not in excess of 10 f/cc (100 X PEL)......  Any powered air-purifying
                                             respirator equipped with
                                             high efficiency filters or
                                             any supplied air respirator
                                             operated in continuous flow
                                             mode.
------------------------------------------------------------------------

* * * * *
    (i) * * *
    (4) Inspection of protective clothing. (i) The qualified person 
shall examine worksuits worn by employees at least once per workshift 
for rips or tears that may occur during the performance of work.
* * * * *
    (k) * * *
    (3) Duties of employers whose employees perform work subject to 
this standard in or adjacent to areas containing ACM and PACM. * * *
    (ii) Before work under this standard is performed employers of 
employees who will perform such work shall inform the following persons 
of the location and quantity of ACM and/or PACM present at the worksite 
and the precautions to be taken to ensure that airborne asbestos is 
confined to the area.
* * * * *
    (5) * * *
    (ii) * * *
    (A) Having completed an inspection conducted pursuant to the 
requirements of AHERA (40 CFR part 763, subpart E) which demonstrates 
that the material is not ACM; or
* * * * *
    (9) * * *
    (vi) Training for employees performing Class IV operations shall be 
consistent with EPA requirements for training of local education agency 
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). 
Such a course shall include available information concerning the 
locations of thermal system insulation and surfacing ACM/PACM, and 
asbestos-containing flooring material, or flooring material where the 
absence of asbestos has not yet been certified; and instruction in the 
recognition of damage, deterioration, and delamination of asbestos 
containing building materials. Such a course shall take at least 2 
hours.
* * * * *
    (viii) The training program shall be conducted in a manner that the 
employee is able to understand. In addition to the content required by 
the provisions in paragraphs (k)(9)(iii) through (vi) of this section, 
the employer shall ensure that each such employee is informed of the 
following:
* * * * *
    (o) Qualified person--(1) General. On all shipyard worksites 
covered by this standard, the employer shall designate a qualified 
person, having the qualifications and authority for ensuring worker 
safety and health required by subpart C, General Safety and Health 
Provisions for Construction (29 CFR 1926.20 through 1926.32).
    36. Amend Appendix C to 1915.1001 as follows:
    a. Under ``Qualitative Fit Test Protocols'' revise the heading to 
Section I, ``Isoamyl Acetate Protocol'';
    b. In Section II, ``Saccharin Solution Aerosol Protocol'', revise 
the heading to paragraph B, and revise paragraph C(15);
    c. Under Section III, revise the heading of ``Irritant Fume 
Protocol'' and under ``Quantitative Fit Test Procedures'', under 
heading 1, revise paragraph (a); revise headings of numbers 2 and 5 and 
revise the first sentence of paragraph 5;
    d. Revise paragraph 6 and paragraph 9(f).
    The revisions read as follows:

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

Qualitative Fit Test Protocols

I. Isoamyl Acetate Protocol

    * * *

II. Saccharin Solution Aerosol Protocol

A. * * *

B. Taste Threshold Screening

    * * *

C. * * *

    15. Successful completion of the test protocol shall allow the use 
of the half mask tested respirator in contaminated atmospheres up to 10 
times the PEL of asbestos. In other words this protocol may be used to 
assign protection factors no higher than ten.
* * * * *

III. Irritant Fume Protocol

* * * * *

Quantitative Fit Test Procedures

    1. General.
    a. The method applies to negative-pressure non-powered air-
purifying respirators only.
* * * * *
    2. Definitions.
* * * * *
    5. Exercise Regime.
    Prior to entering the test chamber, the test subject shall be given 
complete instructions as to her/his part in the test procedures.* * * *
* * * * *
    6. Test Termination.
    The test shall be terminated whenever any single peak penetration 
exceeds 5 percent for half-masks and 1 percent for full facepieces. The 
test subject may be refitted and retested. If two of the three required 
tests are terminated, the fit shall be deemed inadequate. (See 
paragraph 4.h)
* * * * *
    9. * * *
    f. Filters used for qualitative or quantitative fit testing shall 
be replaced weekly, whenever increased breathing resistance is 
encountered, or when the test agent has altered the integrity of the 
filter media. Organic vapor cartridges/canisters shall be replaced 
daily or sooner if there is any indication of breakthrough by the test 
agent.
* * * * *
[FR Doc. 02-16530 Filed 7-2-02; 8:45 am]
BILLING CODE 4510-26-P