[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Rules and Regulations]
[Pages 8726-8746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00207]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1904, 1910, 1915, 1918, and 1926

[Docket No. OSHA-2015-0012]
RIN 1218-AD12


OSHA Standards and Regulations; Corrections

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

ACTION: Final rule; correcting amendments.

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SUMMARY: In this rule OSHA is correcting typographical errors, 
including extraneous or omitted materials and inaccurate graphics, in 
27 OSHA standards and regulations. These revisions do not affect the 
substantive requirements or coverage of the standards, do not modify or 
revoke existing rights or obligations, and do not establish new rights 
or obligations. The purpose of these correcting amendments is to reduce 
regulatory burdens by correcting the inaccuracies in regulatory text 
and graphics. This rule revises standards in recordkeeping, 
construction, general industry, shipyard employment, and longshoring.

DATES: Effective February 18, 2020.

FOR FURTHER INFORMATION CONTACT: 
    General information and press inquiries: Mr. Frank Meilinger, OSHA 
Office of Communications, telephone: (202) 693-1999; email: 
[email protected].
    Technical information: Mr. Garvin Branch, Directorate of 
Construction; telephone: (202) 693-2020; fax: (202) 693-1689; email: 
[email protected].

ADDRESSES: Copies of this Federal Register document and news releases: 
Electronic copies of these documents are available at OSHA's web page 
at http://www.osha.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background
III. Summary and Explanation
IV. Agency Determinations
    A. Economic Analysis and Regulatory Flexibility Analysis
    B. Legal Considerations
    C. Paperwork Reduction Act
    D. Federalism
    E. State Plans
    F. Unfunded Mandates Reform Act of 1995
V. Authority and Signature

I. Executive Summary

    This rule corrects certain minor errors in 27 OSHA standards and 
regulations in 29 CFR parts 1904, 1910, 1915, 1918, and 1926. The 
corrections concern the following regulations and standards: (a) 
Recording and Reporting Injuries and Illnesses Regulations--including: 
Partial exemptions; annual summary of work-related injuries and 
illnesses; and definitions; (b) Occupational Safety and Health 
Standards for General Industry--including: Applicability of standards 
to employments in territories; definition and requirements for 
nationally recognized testing laboratories; electrical generation, 
transmission, and distribution; lead; and cadmium; (c) Occupational 
Safety and Health Standards for Shipyard Employment--eye and face 
protection against welding radiation; (d) Safety and Health Regulations 
for Longshoring--recommended Specific Program Elements for first aid 
training; and (e) Safety and Health Regulations for Construction--
including: General safety and health provisions concerning 
applicability to employments in territories; lead; hazardous waste 
operations and emergency response; electrical use of flexible cords and 
cables; scaffolds; fall protection-roof width determinations; 
helicopters-hoists-elevators-and-conveyors-personnel hoists; 
excavation-Appendix A; steel erection-joists tables; metal decking and 
shear connectors; fall hazard training; underground construction; 
electric power transmission and distribution definitions; asbestos; 
cadmium; and cranes and derricks--routine access to underground 
construction. The corrections revise typographical errors, including 
extraneous or omitted materials and inaccurate graphics, in the listed 
standards.

[[Page 8727]]

II. Background

    From time to time OSHA receives inquiries from inside and outside 
the agency concerning minor misprinted, technically inaccurate 
materials. OSHA researches the inaccuracies and potential revisions. 
Where necessary, the agency undertakes rulemaking to correct the 
issues. Where revisions are limited to minor corrections and technical 
amendments, OSHA publishes a document in the Federal Register directing 
the required revisions be made to the codified version of the 
regulations. This rule details the errors, the revisions, and directs 
the needed revisions to be made. Revisions are to be made to both 
electronic and printed versions of the Code of Federal Regulations 
(CFR). The agency has researched the changes necessary to correct minor 
misprints in the following five parts of Title 29: Recording and 
reporting occupational injuries and illnesses (part 1904), Occupational 
safety and health standards (Part 1910), Occupational safety and health 
standards for shipyard employment (part 1915), Longshoring safety and 
health (part 1918), and Construction safety and health (part 1926). The 
revisions in this rule serve to correct certain minor errors in the 27 
OSHA standards and regulations. This rule is not an E.O. 13771 
regulatory action because this rule is not significant under E.O. 
12866.

III. Summary and Explanation

    This rule corrects certain minor errors in 27 OSHA standards and 
regulations, as summarized in the Executive Summary. These corrections 
revise typographical errors, including extraneous or omitted materials 
and inaccurate graphics, in the listed standards. A more detailed 
discussion of each revision follows.

A. Revisions in Recording and Reporting Occupational Injuries and 
Illnesses (29 CFR Part 1904)

1. Subpart B of 1904--Scope, Partial Exemption in 29 CFR 1904.1
    The agency is correcting omissions in the recordkeeping and 
reporting scope provision, Sec.  1904.1(a)(1). This section refers to 
the requirement of Sec.  1904.39 that even partially exempt employers 
must report certain injuries to OSHA. Existing section Sec.  
1904.1(a)(1) mirrors prior Sec.  1904.39(a) reporting requirements for 
all employers. The prior requirement was to report each fatality and 
each hospitalization of three or more employees. OSHA revised those 
reporting requirements in the Federal Register (79 FR 56130, September 
18, 2014), and the revisions became effective January 1, 2015. The 
revisions to Sec.  1904.39(a) require all employers, even those 
partially exempted from recording by the Sec.  1904.1 size exemption, 
to report a fatality, a hospitalization of one or more employees, an 
employee amputation, or an employee loss of an eye. This correction 
will place the corresponding language in Sec.  1904.1(a)(1) so that it 
mirrors the current requirement. The change in this paragraph is not 
substantive and does not impose new obligations.
2. Subpart D of 1904--Other OSHA Injury and Illness Recordkeeping 
Requirements, Annual Summary of Work-Related Injuries and Illnesses in 
29 CFR 1904.32
    OSHA is also correcting a typographical error in the recordkeeping 
annual summary provision (Sec.  1904.32(b)(2)(iii)). The error is a 
faulty reference to Sec.  1904.6(b)(4) describing equivalent forms 
allowed for recording annual injury/illness summary data. There is no 
Sec.  1904.6(b)(4). The correct reference is to Sec.  1904.29(b)(4) 
``What is an equivalent form?''
3. Subpart G of 1904--Definitions, in 29 CFR 1904.46
    OSHA is also updating Sec.  1904.46 Definitions to correct a 
typographic omission. The agency revised a longstanding reference to 
the outdated 1987 Standard Industry Classification (SIC code) manual in 
29 CFR 1904.2(b) (79 FR 56130, 56186 (September 18, 2014)). The 
document replaced the SIC code with the modern North American Industry 
Classification System-2007 code (NAICS). However, the corresponding 
replacement of SIC code with NAICS code in the Sec.  1904.46 definition 
of Establishment at paragraph (1)(iii) did not occur. This rule makes 
that correction.

B. Revisions in Occupational Safety and Health Standards (29 CFR Part 
1910)

1. Subpart A--General, Applicability of Standards in 29 CFR 1910.5
    In Sec.  1910.5, OSHA is correcting obsolete regulatory text, 
which, in addition to any State, the District of Columbia, and U.S. 
territories, applies OSHA standards to two territories that no longer 
exist: Trust Territory of the Pacific Islands and the Canal Zone. 
Section 29 CFR 1910.5(a) corrections will replace the reference to the 
Trust Territory of the Pacific Island with the Commonwealth of the 
Northern Mariana Islands and remove the reference to the Canal Zone.
2. Subpart A--General, Definition and Requirements for a Nationally 
Recognized Testing Laboratory in 29 CFR 1910.7
    In Appendix A to Sec.  1910.7 OSHA is correcting a typographical 
error for the Recognition Process for Nationally Recognized Testing 
Laboratories (NRTLs). Appendix A, section ``I. Procedures for Initial 
OSHA Recognition'' currently includes sections ``A. Applications,'' 
``B. Review and Decision Process; Issuance or Renewal,'' and ``c. Terms 
and Conditions of Recognition.'' In order to eliminate confusion, the 
existing c title must conform to those of ``A.'' and ``B.'' As it 
exists, section ``c. Terms and Conditions of Recognition'' follows a 
similarly formatted paragraph B(7)(e),''Review of final decision,'' 
which is the last paragraph of ``B. Review and Decision Process; 
Issuance or Renewal.'' Existing paragraph ``c'' introduces its own 
topic, ``Terms and Conditions of Recognition,'' which is corrected to 
the same format as the A and B titles. Due to the change in the 
heading, OSHA is also renumbering current c. (1), (2), (3), and (4) to 
(1)(a), (b), (c), and (d). OSHA is also removing the outdated current 
paragraph c.(5), Temporary Recognition of Certain NRTLs, as the period 
of temporary recognition ended in 1993 and the two NRTLs listed in the 
paragraph now have regular NRTL recognition.
3. Subpart R--Special Industries, Electric Power Generation, 
Transmission, and Distribution in 29 CFR 1910.269
    In Sec.  1910.269(x), this rule corrects an outdated reference in 
the fifth definition of Hazardous Atmosphere to ``Material Safety Data 
Sheets.'' Due to the global harmonization of Hazard Communications 
standards, OSHA changed ``Material Safety Data Sheets'' (MSDS) to 
``Safety Data Sheet'' (SDS) at 77 FR 17574, 17577 (March 26, 2012).
4. Subpart Z--Toxic and Hazardous Substances, Lead in 29 CFR 1910.1025
    OSHA is also correcting a misprinted reference to Sec.  
1910.1025(e)(6) in Sec.  1910.1025(e)(3)(ii)(G). In 1995, OSHA removed 
Sec.  1910.1025(e)(4) and renumbered paragraph (e)(5) as (e)(4) and 
paragraph (e)(6) as (e)(5) (60 FR 52856, 52858, October 11, 1995). At 
that time, the reference to paragraph (e)(6) in Sec.  
1910.1025(e)(3)(ii)(G) should have been changed to (e)(5) but was not 
changed. This final rule is correcting the

[[Page 8728]]

reference in Sec.  1910.1025(e)(3)(ii)(G) to paragraph (e)(5).
5. Subpart Z--Toxic and Hazardous Substances, Cadmium in 29 CFR 
1910.1027
    OSHA is removing Sec.  1910.1027(n)(6), which requires medical 
records to be transferred to the National Institute for Occupational 
Safety and Health (NIOSH) if the employer goes out of business and does 
not have a successor employer or other organization designated to 
receive the records. In the Standards Improvement Project Phase III 
(SIP-III) rulemaking, OSHA explained that NIOSH found these records 
were not valuable for research and that the cost of storing the records 
could not be justified. OSHA then removed the transfer of records 
requirement from 18 health standards in 29 CFR parts 1910, 1915 and 
1926, and in Sec.  1910.1020 itself, but the cadmium standard was 
inadvertently overlooked (76 FR 33590, 33598, June 8, 2011). OSHA is 
now making that update in the general industry cadmium standard.

C. Revisions for Occupational Safety and Health Standards for Shipyard 
Employment (29 CFR 1915)

Subpart I--Personal Protective Equipment (PPE), Eye and Face Protection 
in 29 CFR 1915.153.
    In Sec.  1915.153, this rule corrects format errors in Table I-1--
Filter Lenses for Protection Against Radiant Energy by reformatting the 
table so that the values for ``Operations,'' ``Electrode size,'' ``Arc 
current,'' and ``Minimum protective shade'' correspond with each other 
correctly.

D. Revisions to Safety and Health Regulations for Longshoring (29 CFR 
Part 1918)

Appendix V to Part 1918--Basic Elements of a First Aid Training Program 
(Non-Mandatory), Specific Program Elements (A)(3) Poisoning
    In Non-mandatory Appendix V, Basic Elements of a First Aid Training 
Program, to 29 CFR 1918, Specific Program Elements paragraph (A)(3), 
OSHA is updating ``Materials Safety Data Sheet (MSDS)'' to the current 
terminology ``Safety Data Sheet (SDS).''

E. Revisions to Safety and Health Regulations for Construction (29 CFR 
Part 1926)

1. Subpart C--General Safety and Health Provisions, General Safety and 
Health provisions in 29 CFR 1926.20
    At Sec.  1926.20(c), General safety and health provisions for 
construction, this rule corrects the list of territories to which OSHA 
construction standards apply. The territories are the same as the ones 
listed in Sec.  1910.5(a) above, as modified by this rule.
2. Subpart D--Occupational Health and Environmental Conditions, Lead in 
29 CFR 1926.62
    In Sec.  1926.62, the lead standard for construction, OSHA is 
correcting paragraphs 1926.62(d)(2)(iii) and (iv) by replacing the 
existing outdated references to ``Table 1 of this section'' with the 
correct references to ``paragraph (f) of this section.'' Table 1 no 
longer exists (71 FR 50122, 50191 (August 24, 2006)). Respirator 
selection must be conducted in accordance with 29 CFR 
1910.134(d)(3)(i)(A), as required by Sec.  1926.62(f)(3).
    In Sec.  1926.62(d)(3)(iii) and (d)(4)(ii), OSHA is replacing 
existing misprints referencing ``(d)(10) of this section'' with correct 
references to ``(d)(9) of this section,'' which addresses the accuracy 
of measurement required by paragraphs (d)(3)(iii) and (d)(4)(ii). There 
is no paragraph (d)(10).
    In Sec.  1926.62, Appendix B, Section IV--Paragraph (F), OSHA is 
replacing the outdated reference to Table 1 with the correct reference 
to Sec.  1926.62(f)(3) of this section for selecting respirators as 
explained above regarding Sec.  1926.62(d)(2)(iii) and (iv).
3. Subpart D--Occupational Health and Environmental Conditions, 
Hazardous Waste Operations and Emergency Response in 29 CFR 1926.65
    In Sec.  1926.65(a)(2)(i) of Hazardous waste operations and 
emergency response, OSHA is correcting a misprinted reference to Sec.  
1926.20(e)(1). There is no Sec.  1926.20(e)(1); the correct reference, 
Sec.  1926.20(e), was added in 1993 (58 FR 35076, 35078 (June 30, 
1993)).
    In Sec.  1926.65(g)(2), OSHA is correcting the outdated acronym 
``MSDS'' and term ``Material Safety Data Sheet.'' Due to the global 
harmonization of Hazard Communications standards OSHA changed these 
terms to ``SDS'' and ``Safety Data Sheet'' (77 FR 17574, 17577 (March 
26, 2012)).
    In Sec.  1926.65(l)(3)(vi) and (p)(8)(iv)(E), OSHA is removing 
misprinted references to Sec.  1926.159. OSHA had imported regulatory 
text for Sec. Sec.  1926.97, 1926.98, and 1926.156-1926.159 in error 
from part 1910 fire protection standards. The 1910 standards, however, 
were expressly limited in scope and did not cover construction. OSHA 
corrected the improper incorporation by removing the sections from part 
1926, including Sec.  1926.159, in 1996 (61 FR 31427, 31429, 31432 
(June 20, 1996)).
    In Sec.  1926.65(q)(3)(iii), OSHA is removing a misprinted 
reference to Sec.  1926.97, for the reason explained in the prior 
paragraph. The particular text in former Sec.  1926.97 concerned 
protective clothing for fire brigades. After Sec.  1926.97 was removed 
(61 FR 31427, 31432 (June 20, 1996)), OSHA later revived Sec.  1926.97 
as an unrelated electrical personal protective equipment standard (79 
FR 20316, 20693 (April 11, 2014)).
    In paragraph 5.1 of Section B in Appendix A to 29 CFR 1926.65, OSHA 
is correcting an outdated reference of MSDS to SDS and Safety Data 
Sheet as explained above regarding Sec.  1926.65(g)(2).
4. Subpart K--Electrical, Wiring Methods, Components, and Equipment for 
General Use in 29 CFR 1926.405
    In Sec.  1926.405(g)(1)(iii)(C), OSHA is correcting a misprinted 
reference to a nonexistent Sec.  1926.405(a)(2)(ii)(1). The correct 
reference is to Sec.  1926.405(a)(2)(ii)(I), which allows the use of 
flexible cords and cables through pinch points during construction work 
if protection is provided to avoid damage.
5. Subpart L--Scaffolds, Additional Requirements Applicable to Specific 
Types of Scaffolds in 29 CFR 1926.452
    In Sec.  1926.452(a)(3), in the Scaffolds standards, OSHA is 
correcting a pole scaffold metric conversion by replacing the 
inaccurate conversion of 50 pounds to 222 kilograms. The accurate 
rounded conversion number is 22.7 kilograms.
    In Sec.  1926.452(w)(6)(ii), OSHA is correcting a mobile scaffold 
reference by replacing the existing misprinted reference to paragraph 
(x) (Repair bracket scaffolds) of 29 CFR part 1926 subpart L appendix 
A. The correct reference is to paragraph 2.(w) (Mobile scaffolds) of 
the same appendix.
    Also in Sec.  1926.452(w)(6)(ii), OSHA is removing the misprinted 
parenthetical phrase ``(ANSI/SIA A92.5 and A92.6)''. The A92.5 standard 
applies to boom-supported elevating work platforms, and A92.6 applies 
to self-propelled elevating work platforms.
6. Subpart L--Scaffolds, Appendix E to Subpart L, Drawings and 
Illustrations
    In (Non-mandatory) appendix E of 29 CFR subpart L, OSHA is 
correcting text and graphic pages, which show maximum vertical tie 
spacing for scaffolds. The graphics being corrected are titled 
``Maximum Vertical Tie Spacing Wider Than 3'-0'' Bases'' and ``Maximum 
Vertical Tie Spacing 3'-0''

[[Page 8729]]

And Narrower Bases.'' Both corrections depict guys, ties, and braces 
instead of just ties, and the revisions correct captions for attachment 
points, which must be closest to the required height dimension, whether 
above or below the exact measurement. Also the revisions correctly 
depict that connections must be where horizontal scaffold frame members 
connect inner and outer scaffold legs whether at or closest to the 
exact height measurement.
7. Subpart M--Fall Protection, Appendix A to Subpart M, Determining 
Roof Widths
    In appendix A to 29 CFR 1926 subpart M, paragraph (1), OSHA is 
correcting ``Non-mandatory Guidelines for Complying with Sec.  
1926.501(b)(10)'' by replacing the misprinted reference to Sec.  
1910.501(b)(10) with the correct reference to Sec.  1926.501(b)(10).
    Also in appendix A to 29 CFR part 1926 subpart M, OSHA is 
correcting Example C. Irregularly Shaped Roofs With Rectangular Shaped 
Sections and Example E. Roofs With Penthouses, Open Courtyards, 
Additional Floors, Etc., by replacing misprinted references to Sec.  
1926.502(b)(10) with the correct reference to Sec.  1926.501(b)(10).
    Additionally in subpart M, appendix A, Example C and Example E, 
OSHA is correcting these titles by centering and conforming the titles 
with the format used for titles in Examples A, B, D, and F of the 
appendix. OSHA is also correcting notations in Examples C and E to show 
that a W symbol means a correct measurement and that a circled ``w'' 
symbol means an incorrect measurement. The corrections explain a symbol 
included on the graphics but not included in the explanatory text. The 
corrections clarify the graphics.
8. Subpart N--Helicopters, Hoists, Elevators, and Conveyors in 29 CFR 
1926.552
    At Sec.  1926.552(c)(17)(iv), OSHA is replacing misprinted lower 
case parenthetical italicized paragraph letters (a) through (e) in 
Personnel hoists with capital parenthetical letters. Preexisting Sec.  
1926.552(c)(17)(iv) includes paragraphs (a), (b), (c), (d), and (e). 
Paragraph 1926.552(c)(17)(iv)(e) is immediately followed by Sec.  
1926.552(d) Permanent elevators. This sequence causes confusion. The 
Federal Register Document Drafting Handbook at Table 2-4 requires 
paragraphs at the (c)(17)(iv) level to be listed with capital 
parenthetical letters, i.e., (A), (B), (C), (D), and (E). This 
capitalization would correctly distinguish requirements for material or 
personnel hoists used only for construction activities from permanent 
elevators used during construction activities.
9. Subpart P--Excavations, Appendix A to Subpart P, Soil Classification
    In paragraph (b) of appendix A to 29 CFR part 1926, subpart P, 
Excavations, OSHA corrects criteria for Type C soil case (v). The 
Definition for case (v) contains a misprinted, ``or'', which confuses 
how layered soil systems are interpreted to dip into excavations. The 
correction, which is consistent with Soil Types A, B, and C in the 
proposed rule at 52 FR 12288, 12329-30 (April 15, 1987) as well as with 
Type A and Type B in the Final Rule at 54 FR 45894, 45963 (October 31, 
1989), will use ``on.'' ``On'' accurately describes how a layered soil 
system dips into the excavation. The language is being corrected to 
explain that a layered system dips into the excavation ``on a slope of 
four horizontal to one vertical (4H:1V) or steeper.'' OSHA is also 
correcting an unrelated misspelling of ``minimum'' in paragraph 
(d)(2)(iii)-Thumb Penetration of appendix A.
10. Subpart R--Steel Erection, Structural Steel Assembly in 29 CFR 
1926.754
    In Sec.  1926.754(c)(2), OSHA is correcting the Steel Erection 
standard by replacing the current misprinted reference to nonexistent 
Sec.  1926.760(c)(8) with the correct reference to Sec.  
1926.760(c)(7).
11. Subpart R--Steel Erection, Open Web Steel Joists in 29 CFR 1926.757
    Additionally, OSHA is correcting Steel Erection joist Tables A and 
B in Sec.  1926.757(c) (66 FR 5196, 5270 (January 18, 2001)) by 
revising a typographical footnote error that incorrectly limits an 
exemption from erection bridging requirements. The footnotes in both 
Table A, Erection Bridging For Short Span Joists, and Table B, Erection 
Bridging For Long Span Joists read ``NM=diagonal bolted bridging not 
mandatory for joists under 40 feet.'' This incorrectly limits the 
exemption by joist length. The agency discovered the misprinted 
footnote after it was published and addressed the inaccuracy through 
question 36(a) in compliance directive CPL 02-01-034 (originally CPL 2-
1.34) (March 22, 2002). There is no length limitation for the NM 
notation. It means not mandatory regardless of joist length.
12. Subpart R--Steel Erection, Training in 29 CFR 1926.761
    In Sec.  1926.761(b) Fall hazard training, OSHA is correcting 
misprinted fall protection training requirements. The December 12, 2008 
Federal Register at page 75589 instructed that Sec.  1926.761(b) be 
revised. An inadvertent misprint replaced Sec.  1926.761(b) and the 
subparagraphs with just the regulatory text for paragraph (b) alone, 
leaving out the subparagraphs (66 FR 5196, 5273 (Jan. 18, 2001)); as 
amended at (73 FR 75568, 75589 (Dec. 12, 2008)). The correction 
replaces the inadvertently removed paragraphs (b)(1) through (5). The 
correction includes the original regulatory text concerning: (1) Hazard 
recognition, (2) use of fall protection systems, (3) correct procedures 
for erecting, maintaining fall protection systems, (4) fall prevention 
procedures, and (5) the fall protection requirements of subpart R.
13. Subpart V--Power Transmission and Distribution, Definitions in 29 
CFR 1926.968
    In Sec.  1926.968, the definition of Hazardous atmosphere includes 
five examples. The Note to example five contains the outdated term 
``Material Safety Data Sheet.'' Due to the global harmonization of 
Hazard Communications standards, OSHA changed the term to ``Safety Data 
Sheet (SDS),'' as explained above in the revision to Sec.  
1926.65(g)(2)).
14. Subpart Z--Toxic and Hazardous Substances, Asbestos in 29 CFR 
1926.1101
    At Sec.  1926.1101(e)(4), OSHA is correcting a typographical error 
in the Asbestos standard by replacing a reference to ``(h)(2) of this 
section'' with ``(h)(3) of this section.'' For entrance into a 
regulated area Sec.  1926.1101(e)(4) requires that employees wear 
respirators selected in accordance with the referenced paragraph. 
Paragraph (h)(2) requires the employer to implement a respiratory 
protection program. Paragraph (h)(3) details the criteria that 
employers must use to select and provide each employee an appropriate 
respirator for protection against asbestos exposure.
    In Sec.  1926.1101(f)(3)(iii), OSHA is removing the redundant use 
of the word ``respirator''.
    At Sec.  1926.1101(g)(7), OSHA is correcting a typographical error 
by correctly italicizing the section title, Work Practices and 
Engineering Controls for Class II work.
    In Sec.  1926.1101(g)(8)(v), OSHA is replacing a misprinted 
reference to Sec.  1926.1101(g)(8)(iv)(A) through (D) with the correct 
reference to ``Sec.  1926.1101(g)(8)(i) through (iv)'' of this section.
    In Sec.  1926.1101(n)(2)(iii) and (n)(3)(i) and (iii), OSHA is 
replacing misprinted

[[Page 8730]]

references to Sec.  1910.33 with correct references to Sec.  1910.1020.
    At Sec.  1926.1101(p)(1), OSHA is also correcting the Asbestos 
standard by deleting the reference to appendix C of 29 CFR 1926.1101 
because the appendix no longer exists. OSHA removed and reserved the 
appendix when it consolidated respiratory protection requirements for 
general industry, construction, shipyard, longshoring, and marine 
terminal workplaces in 29 CFR 1910.134 (see 63 FR 1152, 1298 (January 
8, 1998)).
    In appendix K to Sec.  1926.1101 paragraph (e) to paragraph 3.1, 
OSHA is correcting an outdated reference to MSDS with reference to SDS 
and Safety Data Sheet as discussed above in the similar correction to 
Sec.  1926.65(g)(2).
15. Subpart Z--Toxic and Hazardous Substances, Cadmium in 29 CFR 
1926.1127
    In paragraph (d)(1)(i) to Sec.  1926.1127, OSHA is correcting an 
outdated reference to MSDS with reference to SDS and Safety Data Sheet 
as discussed above in the similar correction to Sec.  1926.65(g)(2).
    In paragraphs (n)(1)(iii) and (n)(3)(iii) of Sec.  1926.1127, OSHA 
is revising the references to Sec.  1926.33 to more directly refer to 
Sec.  1910.1020. Section 1910.1020 is the Access to employee exposure 
and medical records regulation, and Sec.  1926.33 is currently a cross-
reference to Sec.  1910.1020, so the change is simply to make the 
reference more direct. Recent rulemakings have used this direct 
reference to the general industry standard in the construction 
standards. Above, regarding Sec.  1926.1101(n), OSHA corrected 
misprinted references to Sec.  1910.1020, and OSHA made the same change 
in other sections of the construction Asbestos standard in the SIP-III 
rulemaking (76 FR 33590, 33601, June 8, 2011). Existing Sec.  
1926.1127(n)(4)(i) also currently refers directly to Sec.  1910.1020.
    OSHA is also removing subparagraph (n)(5), which requires medical 
records to be transferred to NIOSH if the employer goes out of business 
and does not have a successor employer or other organization designated 
to receive the records for the reasons described above regarding the 
cadmium standard for general industry, Sec.  1910.1027(n)(6).
16. Subpart CC--Cranes and Derricks in Construction, Hoisting Personnel 
in 29 CFR 1926.1431
    In Sec.  1926.1431(a), OSHA is adding a particular work activity, 
routine employee access to an underground construction worksite via a 
shaft when hoisted by a crane or derrick, to the list of work 
activities exempt from an employer's infeasibility demonstration 
requirement before using equipment to hoist employees. The 
infeasibility requirement for this activity was removed by changes to 
Sec.  1926.800(t) ``Hoisting unique to underground construction'' (78 
FR 23837 (April 23, 2013)).

IV. Agency Considerations

A. Economic Analysis and Regulatory Flexibility Analysis

    The revisions will correct minor misprints, omissions, outdated 
references, and tabular and graphic inaccuracies. This will make the 
standards easier for employers and workers to understand and follow, as 
well as improve compliance assistance and enforcement. In addition, the 
corrections reduce confusion, save time, and thus may save costs.
    The corrections and revisions are minor. None of them expand 
employer obligations or impose new costs. The corrections do not have 
significant impact on any small employer. Therefore, OSHA has 
determined that this rulemaking is not a significant rule with respect 
to Executive Order 12866 and complies with Executive Order 13563. OSHA 
certifies that this rulemaking will not have a significant economic 
impact on a substantial number of small entities.

B. Legal Considerations: Exemption from Notice and Comment Procedures

    OSHA determined that this rulemaking is not subject to the 
procedures for public notice and comment specified in Section 4 of the 
Administrative Procedure Act (5 U.S.C. 553) or Section 6(b) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). This 
rulemaking does not affect or change any existing rights or 
obligations, and no stakeholder is likely to object to them. Therefore, 
the agency finds good cause, in accordance with 29 CFR 1911.5, that 
public notice and comment are unnecessary within the meaning of 5 
U.S.C. 553(b)(3)(B) and 29 U.S.C. 655(b).

C. Paperwork Reduction Act

    After reviewing the rule and associated information collections, 
OSHA has determined that none of the correcting amendments would create 
new or revise existing information collections. Table A lists the 
collections of information affected by the correcting amendments.

              Table A--Affected Collections of Information
------------------------------------------------------------------------
           OMB Control No.                Collection of  information
------------------------------------------------------------------------
1218-0176...........................  Recordkeeping and Reporting
                                       Injuries and Illnesses (29 CFR
                                       1904).
1218-0092...........................  Lead in General Industry Standard
                                       (29 CFR 1910.1025).
1218-0185...........................  Cadmium in General Industry
                                       Standard (29 CFR 1910.1027).
1218-0134...........................  Asbestos in Construction Standard
                                       (29 CFR 1926.1101).
------------------------------------------------------------------------

    OSHA notes that a Federal agency cannot conduct or sponsor a 
collection of information unless OMB approves it under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.), and the agency displays 
a currently valid OMB control number. The public need not respond to a 
collection of information requirement unless the agency displays a 
currently valid OMB control number, and, notwithstanding any other 
provision of law, no person shall be subject to a penalty for failing 
to comply with a collection of information requirement if the 
requirement does not display a currently valid OMB control number.

D. Federalism

    OSHA reviewed the included minor revisions in accordance with the 
Executive Order on Federalism (Executive Order 13132, 64 FR 43255, 
August 10, 1999), which requires that Federal agencies, to the extent 
possible, refrain from limiting State policy options, consult with 
States prior to taking any actions that would restrict State policy 
options, and take such actions only when clear constitutional authority 
exists and the problem is national in scope. Executive Order 13132 
provides for preemption of State law only with the expressed consent of 
Congress. Agencies must limit any such preemption to the extent 
possible.
    Under Section 18 of the OSH Act, Congress expressly provides that 
States may adopt, with Federal approval, a plan for the development and 
enforcement of occupational safety and health standards; States that 
obtain Federal approval for such a plan are referred to as ``State Plan 
States.'' (29 U.S.C. 667.) Occupational safety and health standards 
developed by State Plan States must be at least as effective in 
providing safe and healthful employment and places of employment as the 
Federal standards.

[[Page 8731]]

    While OSHA drafted these minor revisions to clarify existing 
employee protections in every State, Section 18(c)(2) of the OSH Act 
permits State Plan States and Territories to develop and enforce their 
own standards, provided the requirements in these standards are at 
least as safe and healthful as the requirements specified in these 
corrections to existing standards.
    In summary, as described above in Section IV(B) Legal 
Considerations, OSHA determined that this rule does not affect or 
change any existing rights or obligations, and no stakeholder is likely 
to object to them; therefore, in States with OSHA-approved State Plans, 
this rulemaking would not significantly limit State policy options.

E. State Plans

    When Federal OSHA promulgates a new standard or a more stringent 
amendment to an existing standard, the 28 States and U.S. Territories 
with their own OSHA-approved occupational safety and health plans 
(State Plans) must amend their standards to reflect the new standard or 
amendment. Optionally they may show OSHA why such action is unnecessary 
(e.g., because an existing State standard covering this area is already 
``at least as effective'' as the new Federal standard or amendment (29 
CFR 1953.5(a)). Since this rule publishes minor corrections to existing 
standards, it is unlikely that any State Plan needs to draft a new 
standard or amendment to an existing standard. When OSHA promulgates 
technical amendments or minor corrections that do not impose additional 
or more stringent requirements than the existing standards, State Plans 
are not required to amend or correct their standards, although OSHA may 
encourage them to do so.
    The 28 States and territories with OSHA-approved State Plans are: 
Alaska, Arizona, California, Connecticut, Hawaii, Illinois, Indiana, 
Iowa, Kentucky, Maine, Maryland, Michigan, Minnesota, Nevada, New 
Mexico, New Jersey, New York, North Carolina, Oregon, Puerto Rico, 
South Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands, 
Washington, and Wyoming. Of those Connecticut, Illinois, Maine, New 
Jersey, New York, and the Virgin Islands have OSHA-approved State Plans 
that apply to State and local government employees only.
    OSHA concludes that these minor corrections and technical 
amendments will clarify existing protections afforded employees while 
reducing the compliance burden and confusion for employers. Therefore, 
OSHA urges States and Territories with approved State Plans to make 
appropriate revisions to their standards.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed the included minor corrections in accordance with the 
Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) and 
Executive Order 12875 (56 FR 58093). As noted under section IV(E) 
(``State Plans'') of this rule, the agency's standards do not apply to 
State and local governments except in States that elect voluntarily to 
adopt a State Plan approved by the agency. Consequently, these 
corrections and technical amendments, in addition to being minor and 
not changing substantive protections, do not meet the definition of a 
``Federal intergovernmental mandate'' (see Section 421(5) of the UMRA 
(2 U.S.C. 658(5)). Therefore, for the purposes of the UMRA, the agency 
certifies that these minor corrections and technical amendments do not 
mandate that State, local, or tribal governments adopt new, unfunded 
regulatory obligations, or increase expenditures by the private sector 
of more than $100 million in any year.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, authorized 
the preparation of this rule pursuant to Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 
29 CFR part 1911, and Secretary's Order 1-2012 (77 FR 3912).

    Signed at Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.

Corrections to Standards

    For the reasons stated in the preamble of this final rule, the 
Occupational Safety and Health Administration amends 29 CFR parts 1904, 
1910, 1915, 1918, and 1926 as follows:

PART 1904--RECORDING AND REPORTING OCCUPATIONAL INJURIES AND 
ILLNESSES

0
1. The authority citation for part 1904 continues to read as follows:

    Authority:  29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of 
Labor's Order 1-2012 (77 FR 3912, Jan. 25, 2012).

Subpart B--Scope

0
2. In Sec.  1904.1, revise paragraph (a)(1) to read as follows:


Sec.  1904.1  Partial exemption for employers with 10 or fewer 
employees.

    (a) * * *
    (1) If your company had 10 or fewer employees at all times during 
the last calendar year, you do not need to keep OSHA injury and illness 
records unless OSHA or the Bureau of Labor Statistics informs you in 
writing that you must keep records under Sec.  1904.41 or Sec.  
1904.42. However, as required by Sec.  1904.39, all employers covered 
by the OSH Act must report to OSHA any work-related incident that 
results in a fatality, the in-patient hospitalization of one or more 
employees, an employee amputation, or an employee loss of an eye.
* * * * *

Subpart D--Other OSHA Injury and Illness Recordkeeping Requirements

0
3. In Sec.  1904.32, revise paragraph (b)(2)(iii) to read as follows:


Sec.  1904.32   Annual summary.

* * * * *
    (b) * * *
    (2) * * *
    (iii) If you are using an equivalent form other than the OSHA 300-A 
summary form, as permitted under Sec.  1904.29(b)(4), the summary you 
use must also include the employee access and employer penalty 
statements found on the OSHA 300-A Summary form.
* * * * *

Subpart G--Definitions

0
4. In Sec.  1904.46, revise paragraph (1)(iii) in the definition of 
``Establishment'' to read as follows:


Sec.  1904.46  Definitions.

* * * * *
    Establishment. * * *
    (1) * * *
    (iii) No one industry description in the North American Industry 
Classification System (2007) codes applies to the joint activities of 
the establishments; and
* * * * *

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart A--General

0
5. The authority citation for subpart A continues to read as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 
(77 FR 3912), as applicable.

[[Page 8732]]

    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); 
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993) 
(58 FR 38142, July 15, 1993).

0
6. In Sec.  1910.5, revise paragraph (a) to read as follows:


Sec.  1910.5  Applicability of standards.

    (a) Except as provided in paragraph (b) of this section, the 
standards contained in this Part shall apply with respect to 
employments performed in a workplace in a State, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Wake 
Island, Outer Continental Shelf lands defined in the Outer Continental 
Shelf Lands Act, and Johnston Island.
* * * * *

0
7. In Sec.  1910.7, in appendix A, revise section I.c to read as 
follows:


Sec.  1910.7  Definition and requirements for a nationally recognized 
testing laboratory.

* * * * *

Appendix A to Sec.  1910.7--OSHA Recognition Process for Nationally 
Recognized Testing Laboratories

* * * * *

I. Procedures for Initial OSHA Recognition

* * * * *

C. Terms and Conditions of Recognition

    1. The following terms and conditions shall be part of every 
recognition:
    a. Letter of recognition. The recognition by OSHA of any NRTL 
will be evidenced by a letter of recognition from OSHA. The letter 
will provide the specific details of the scope of the OSHA 
recognition, including the specific equipment or materials for which 
OSHA recognition has been granted, as well as any specific 
conditions imposed by OSHA.
    b. Period of recognition. The recognition by OSHA of each NRTL 
will be valid for five years, unless terminated before the 
expiration of the period. The dates of the period of recognition 
will be stated in the recognition letter.
    c. Constancy in operations. The recognized NRTL shall continue 
to satisfy all the requirements or limitations in the letter of 
recognition during the period of recognition.
    d. Accurate publicity. The OSHA-recognized NRTL shall not engage 
in or permit others to engage in misrepresentation of the scope or 
conditions of its recognition.
    2. [Reserved]
* * * * *

Subpart R--Special Industries

0
8. The authority citation for subpart R continues to read as follows:

    Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-
90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), 4-2010 (75 
FR 55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 
1911.


0
9. In Sec.  1910.269, in paragraph (x), revise the note following 
paragraph (5) of the definition of ``hazardous atmosphere'' to read as 
follows:


Sec.  1910.269   Electric power generation, transmission, and 
distribution.

* * * * *
    (x) * * *
    Hazardous atmosphere. * * *
    (5) * * *

    Note to the definition of ``hazardous atmosphere'' (5): For air 
contaminants for which the Occupational Safety and Health 
Administration has not determined a dose or permissible exposure 
limit, other sources of information, such as Safety Data Sheets 
(SDS) that comply with the Hazard Communication Standard, Sec.  
1910.1200, published information, and internal documents can provide 
guidance in establishing acceptable atmospheric conditions.

* * * * *

Subpart Z--Toxic and Hazardous Substances

0
10. The authority citation for subpart Z continues to read as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 
3912), 29 CFR part 1911; and 5 U.S.C. 553, as applicable.
    Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat. 
1901.
    Section 1910.1201 also issued under 49 U.S.C. 5101 et seq.

0
11. In Sec.  1910.1025, revise paragraph (e)(3)(ii)(G) to read as 
follows:


Sec.  1910.1025  Lead.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (G) An administrative control schedule required by paragraph (e)(5) 
of this section, if applicable;
* * * * *


Sec.  1910.1027   [Amended]

0
12. In Sec.  1910.1027, remove paragraph (n)(6).

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

0
13. The authority citation for part 1915 continues to read:

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

Subpart I--Personal Protective Equipment (PPE)

0
14. In Sec.  1915.153, revise Table I--1 to read as follows:


Sec.  1915.153  Eye and face protection.

* * * * *

                         Table I-1--Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
                                                                                                      Minimum *
                Operations                    Electrode size 1/32 in            Arc current           protective
                                                                                                        shade
----------------------------------------------------------------------------------------------------------------
Shielded metal arc welding...............  Less than 3................  Less than 60...............            7
                                           3-5........................  60-160.....................            8
                                           5-8........................  160-250....................           10
                                           More than 8................  250-550....................           11
Gas metal arc welding and flux cored arc   ...........................  Less than 60...............            7
 welding.                                                               60-160.....................           10
                                                                        160-250....................           10
                                                                        250-500....................           10
Gas Tungsten arc welding.................  ...........................  Less than 50...............            8
                                                                        50-150.....................            8
                                                                        150-500....................           10
Air carbon...............................  (Light)....................  Less than 500..............           10

[[Page 8733]]

 
Arc cutting..............................  (Heavy)....................  500-1000...................           11
Plasma arc welding.......................  ...........................  Less than 20...............            6
                                                                        20-100.....................            8
                                                                        100-400....................           10
                                                                        400-800....................           11
Plasma arc cutting.......................  (light) **.................  Less than 300..............            8
                                           (medium) **................  300-400....................            9
                                           (heavy) **.................  400-800....................           10
Torch brazing............................  ...........................  ...........................            3
Torch soldering..........................  ...........................  ...........................            2
Carbon arc welding.......................  ...........................  ...........................           14
----------------------------------------------------------------------------------------------------------------
** These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden
  by the workpiece.


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

* * * * *

PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

0
15. The authority citation for part 1918 is revised to read as follows:

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 1911.
    Section 1918.90 also issued under 5 U.S.C. 553.
    Section 1918.100 also issued under 49 U.S.C. 5101 et seq. and 5 
U.S.C. 553.

Subpart H--Handling Cargo

0
16. In appendix V to part 1918 to read as follows:

Appendix V to Part 1918--Basic Elements of a First Aid Training Program 
(Non-Mandatory)

    Note: This appendix is non-mandatory and provides guidelines for 
small businesses and institutions teaching first aid, as well as for 
the recipients of first aid training.

General Program Elements

A. Teaching Methods

    1. Trainees should develop ``hands on'' skills through the use 
of manikins and trainee partners during their training.
    2. Trainees should be exposed to acute injury and illness 
settings as well as the appropriate response to those settings 
through the use of visual aids, such as video tape and slides.
    3. Training should include a course workbook which discusses 
first aid principles and responses to settings that require 
interventions.
    4. Training duration should allow enough time for particular 
emphasis on situations likely to be encountered in particular 
workplaces.
    5. An emphasis on quick response to first aid situations should 
be incorporated throughout the program.

B. Principles of Responding to a Health Emergency

    The training program should include instruction in:
    1. Injury and acute illness as a health problem.
    2. Interactions with the local emergency medical services 
system. Trainees have the responsibility for maintaining a current 
list of emergency telephone numbers (police, fire, ambulance, poison 
control) easily accessible to all employees.
    3. The principles of triage.
    4. The legal aspects of providing first aid services.

C. Methods of Surveying the Scene and the Victim(s)

    The training program should include instruction in:
    1. The assessment of scenes that require first aid services 
including:
    a. General scene safety.
    b. likely event sequence.
    c. rapid estimate of the number of persons injured.
    d. identification of others able to help at the scene.
    2. Performing a primary survey of each victim including airway, 
breathing, and circulation assessments as well as the presence of 
any bleeding.
    3. The techniques and principles of taking a victim's history at 
the scene of an emergency.
    4. Performing a secondary survey of the victim including 
assessments of vital signs, skin appearance, head and neck, eye, 
chest, abdomen, back, extremities, and medical alert symbols.

D. Basic Adult Cardiopulmonary Resuscitation (CPR)

    Basic adult CPR training should be included in the program. 
Retesting should occur every year. The training program should 
include instruction in:
    1. Establishing and maintaining adult airway patency.
    2. Performing adult breathing resuscitation.

[[Page 8734]]

    3. Performing adult circulatory resuscitation.
    4. Performing choking assessments and appropriate first aid 
interventions.
    5. Resuscitating the drowning victim.

E. Basic First Aid Intervention

    Trainees should receive instruction in the principles and 
performance of:
    1. Bandaging of the head, chest, shoulder, arm, leg, wrist, 
elbow, foot, ankle, fingers, toes, and knee.
    2. Splinting of the arm, elbow, clavicle, fingers, hand, 
forearm, ribs, hip, femur, lower leg, ankle, knee, foot, and toes.
    3. Moving and rescuing victims including one and two person 
lifts, ankle and shoulder pulls, and the blanket pull.

F. Universal Precautions

    Trainees should be provided with adequate instruction on the 
need for and use of universal precautions. This should include:
    1. The meaning of universal precautions, which body fluids are 
considered potentially infectious, and which are regarded as 
hazardous.
    2. The value of universal precautions for infectious diseases 
such as AIDS and hepatitis B.
    3. A copy of OSHA's standard for occupational exposure to 
bloodborne pathogens or information on how to obtain a copy.
    4. The necessity for keeping gloves and other protective 
equipment readily available and the appropriate use of them.
    5. The appropriate tagging and disposal of any sharp item or 
instrument requiring special disposal measures such as blood soaked 
material.
    6. The appropriate management of blood spills.

G. First Aid Supplies

    The first aid provider should be responsible for the type, 
amount, and maintenance of first aid supplies needed for their 
particular worksite(s). These supplies need to be stored in a 
convenient area available for emergency access.

H. Trainee Assessments

    Assessment of successful completion of the first aid training 
program should include instructor observation of acquired skills and 
written performance assessments. First aid skills and knowledge 
should be reviewed every three years.

I. Program Update

    The training program should be periodically reviewed with 
current first aid techniques and knowledge. Outdated material should 
be replaced or removed.

Specific Program Elements

A. Type of Injury Training

1. Shock

    Instruction in the principles and first aid intervention in:
    a. Shock due to injury.
    b. shock due to allergic reactions.
    c. the appropriate assessment and first aid treatment of a 
victim who has fainted.

2. Bleeding

    a. The types of bleeding including arterial, venous, capillary, 
external, and internal.
    b. the principles and performance of bleeding control 
interventions including direct pressure, pressure points, elevation, 
and pressure bandaging.
    c. the assessment and approach to wounds including abrasions, 
incisions, lacerations, punctures, avulsions, amputations, and crush 
injuries.
    d. the principles of wound care including infection precautions, 
wounds requiring medical attention, and the need for tetanus 
prophylaxis.

3. Poisoning

    Instruction in the principles and first aid intervention of:
    a. Alkali, acid and systemic poisons. In addition, all trainees 
should know how and when to contact the local Poison Control Center.
    b. inhaled poisons including carbon monoxide, carbon dioxide, 
smoke, and chemical fumes, vapors and gases as well as the 
importance of assessing the toxic potential of the environment to 
the rescuer and the need for respirators.
    Trainees should be instructed in the acute effect of chemicals 
utilized in their plants, the location of chemical inventories, 
Safety Data Sheets (SDS), chemical emergency information, and 
antidote supplies.
    c. topical poisons including poison ivy, poison sumac, poison 
oak, and insecticides.
    d. drugs of abuse including alcohol, narcotics such as heroin 
and cocaine, tranquilizers, and amphetamines.

4. Burns

    Instruction in the principles and first aid intervention of:
    a. Assessing the severity of the burn including first degree, 
second degree, and third degree burns.
    b. differentiating between the types of third degree burns 
(thermal, electrical, and chemical) and their specific 
interventions. Particular attention should be focused upon chemical 
burns, and the use of specific chemicals in the workplace which may 
cause them.

5. Temperature Extremes

    Instruction in the principles and first aid intervention of:
    a. Exposure to cold including frostbite and hypothermia.
    b. exposure to heat including heat cramps, heat exhaustion, and 
heat stroke.

6. Musculoskeletal Injuries

    The training program should include instruction in the 
principles and first aid intervention in:
    a. Open fractures, closed fractures, and splinting.
    b. dislocations, especially the methods of joint dislocations of 
the upper extremity. The importance of differentiating dislocations 
from fractures.
    c. joint sprains.
    d. muscle strains, contusions, and cramps.
    e. head, neck, back, and spinal injuries.

7. Bites and Stings

    Instruction in the principles and first aid intervention in:
    a. Human and animal (especially dog and snake) bites.
    b. bites and stings from insects (spiders, ticks, scorpions, 
hornets and wasps). Interventions should include responses to 
anaphylactic shock; other allergic manifestations; and rabies and 
tetanus prophylaxis.

8. Medical Emergencies

    Instruction in the principles and first aid intervention of:
    a. Heart attacks.
    b. strokes.
    c. asthma attacks.
    d. diabetic emergencies including diabetic coma, insulin shock, 
hyperglycemia, and hypoglycemia.
    e. seizures including tonic-clonic and absence seizures. 
Importance of not putting gags in mouth.
    f. pregnancy including the appropriate care of any abdominal 
injury or vaginal bleeding.

9. Confined Spaces

    a. The danger of entering a confined space to administer first 
aid without having the appropriate respiratory protection.
    b. if first aid personnel will be required to assist evacuations 
from confined spaces, additional training will be needed.

B. Site of Injury Training

    Instruction in the principles and first aid intervention of 
injuries to the following sites:

1. Head and Neck

    a. Including skull fractures, concussions, and mental status 
assessments with particular attention to temporary loss of 
consciousness and the need for referral to a physician.
    b. including the appropriate approach to the management of the 
individual who has suffered a potential neck injury or fracture.

2. Eye

    a. Foreign bodies, corneal abrasions and lacerations.
    b. chemical burns and the importance of flushing out the eye.
    c. the importance of not applying antibiotics without physician 
supervision.

3. Nose

    a. Nose injuries and nose bleeds.

4. Mouth and Teeth

    a. Oral injuries, lip and tongue injuries, and broken and 
removed teeth. The importance of preventing inhalation of blood and 
teeth.

5. Chest

    a. Rib fractures, flail chest, and penetrating wounds.

6. Abdomen

    a. Blunt injuries, penetrating injuries, and protruding organs.

7. Hand, Finger, and Foot Injuries

    a. Finger/toe nail hematoma, lacerations, splinters, finger nail 
avulsion, ring removal, and foreign bodies.
    b. the importance of identifying amputation care hospitals in 
the area. When

[[Page 8735]]

an amputation occurs, appropriate handling of amputated fingers, 
hands, and feet during the immediate transportation of the victim 
and body part to the hospital.

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart C--General Safety and Health Provisions

0
17. The authority citation for subpart C continues to read as follows:

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

0
18. In Sec.  1926.20, revise paragraph (c) to read as follows:


Sec.  1926.20   General safety and health provisions.

* * * * *
    (c) The standards contained in this part shall apply with respect 
to employments performed in a workplace in a State, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Wake 
Island, Outer Continental Shelf lands defined in the Outer Continental 
Shelf Lands Act, and Johnston Island.
* * * * *

Subpart D--Occupational Health and Environmental Controls

0
19. The authority citation for subpart D continues to read as follows:

    Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, and 657; 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 
U.S.C. 553, as applicable.
    Section 1926.61 also issued under 49 U.S.C. 5101 et seq.
    Section 1926.62 also issued under 42 U.S.C. 4853.
    Section 1926.65 also issued under 126 of Public Law 99-499, 100 
Stat. 1613.

0
20. In Sec.  1926.62, revise paragraphs (d)(2)(iii) introductory text, 
(d)(2)(iv), (d)(3)(iii), and (d)(4)(ii) and revise section IV paragraph 
(F) of appendix B to read as follows:


Sec.  1926.62   Lead.

* * * * *
    (d) * * *
    (2) * * *
    (iii) With respect to the tasks listed in this paragraph 
(d)(2)(iii) of this section, where lead is present, until the employer 
performs an employee exposure assessment as required in this paragraph 
(d), and documents that the employee performing any of the listed tasks 
is not exposed in excess of 500 [mu]g/m\3\, the employer shall treat 
the employee as if the employee were exposed to lead in excess of 500 
[mu]g/m\3\ and shall implement employee protective measures as 
prescribed in paragraph (d)(2)(v) of this section. Where the employer 
does establish that the employee is exposed to levels of lead below 500 
[mu]g/m\3\, the employer may provide the exposed employee with the 
appropriate respirator prescribed for such use at such lower exposures, 
in accordance with paragraph (f) of this section. The tasks covered by 
this requirement are:
* * * * *
    (iv) With respect to the tasks listed in this paragraph (d)(2)(iv), 
where lead is present, until the employer performs an employee exposure 
assessment as required in this paragraph (d) and documents that the 
employee performing any of the listed tasks is not exposed to lead in 
excess of 2,500 [mu]g/m\3\ (50xPEL), the employer shall treat the 
employee as if the employee were exposed to lead in excess of 2,500 
[mu]g/m\3\ and shall implement employee protective measures as 
prescribed in paragraph (d)(2)(v) of this section. Where the employer 
does establish that the employee is exposed to levels of lead below 
2,500 [mu]g/m\3\, the employer may provide the exposed employee with 
the appropriate respirator prescribed for use at such lower exposures, 
in accordance with paragraph (f) of this section. Interim protection as 
described in this paragraph is required where lead containing coatings 
or paint are present on structures when performing:
* * * * *
    (3) * * *
    (iii) Where the employer has previously monitored for lead 
exposures, and the data were obtained within the past 12 months during 
work operations conducted under workplace conditions closely resembling 
the processes, type of material, control methods, work practices, and 
environmental conditions used and prevailing in the employer's current 
operations, the employer may rely on such earlier monitoring results to 
satisfy the requirements of paragraphs (d)(3)(i) and (d)(6) of this 
section if the sampling and analytical methods meet the accuracy and 
confidence levels of paragraph (d)(9) of this section.
* * * * *
    (4) * * *
    (ii) Where the employer has previously monitored for lead exposure, 
and the data were obtained within the past 12 months during work 
operations conducted under workplace conditions closely resembling the 
processes, type of material, control methods, work practices, and 
environmental conditions used and prevailing in the employer's current 
operations, the employer may rely on such earlier monitoring results to 
satisfy the requirements of paragraph (d)(4)(i) of this section if the 
sampling and analytical methods meet the accuracy and confidence levels 
of paragraph (d)(9) of this section.
* * * * *

Appendix B to Sec.  1926.62--Employee Standard Summary

* * * * *

IV. Respiratory Protection--Paragraph (F)

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

[[Page 8736]]

program must include written procedures for the proper selection, 
use, cleaning, storage, and maintenance of respirators.
    Your employer must ensure that your respirator facepiece fits 
properly. Proper fit of a respirator facepiece is critical to your 
protection from airborne lead. Obtaining a proper fit on each 
employee may require your employer to make available several 
different types of respirator masks. To ensure that your respirator 
fits properly and that facepiece leakage is minimal, your employer 
must give you either a qualitative or quantitative fit test as 
specified in appendix A of the Respiratory Protection standard 
located at 29 CFR 1910.134.
    You must also receive from your employer proper training in the 
use of respirators. Your employer is required to teach you how to 
wear a respirator, to know why it is needed, and to understand its 
limitations.
    The standard provides that if your respirator uses filter 
elements, you must be given an opportunity to change the filter 
elements whenever an increase in breathing resistance is detected. 
You also must be permitted to periodically leave your work area to 
wash your face and respirator facepiece whenever necessary to 
prevent skin irritation. If you ever have difficulty in breathing 
during a fit test or while using a respirator, your employer must 
make a medical examination available to you to determine whether you 
can safely wear a respirator. The result of this examination may be 
to give you a positive pressure respirator (which reduces breathing 
resistance) or to provide alternative means of protection.
* * * * *

0
21. In Sec.  1926.65, revise paragraphs (a)(2)(i), (g)(2), (l)(3)(vi), 
(p)(8)(iv)(E), and (q)(3)(iii) and in appendix A revise paragraph 5.1 
in section B to read as follows:


Sec.  1926.65   Hazardous waste operations and emergency response.

    (a) * * *
    (2) * * *
    (i) All requirements of 29 CFR parts 1910 and 1926 apply pursuant 
to their terms to hazardous waste and emergency response operations 
whether covered by this section or not. If there is a conflict or 
overlap, the provision more protective of employee safety and health 
shall apply without regard to 29 CFR 1926.20(e).
* * * * *
    (g) * * *
    (2) Engineering controls, work practices, and PPE for substances 
not regulated either in Sec.  1926.55, elsewhere in subpart D, or in 
other pertinent sections of this Part. An appropriate combination of 
engineering controls, work practices, and personal protective equipment 
shall be used to reduce and maintain employee exposure to or below 
published exposure levels for hazardous substances and health hazards 
not regulated either in Sec.  1926.55, elsewhere in subpart D, or in 
other pertinent sections of this part. The employer may use the 
published literature and Safety Data Sheets (SDS) as a guide in making 
the employer's determination as to what level of protection the 
employer believes is appropriate for hazardous substances and health 
hazards for which there is no permissible exposure limit or published 
exposure limit.
* * * * *
    (l) * * *
    (3) * * *
    (vi) An employee alarm system shall be installed to notify 
employees of an emergency situation; to stop work activities if 
necessary; to lower background noise in order to speed communication; 
and to begin emergency procedures.
* * * * *
    (p) * * *
    (8) * * *
    (iv) * * *
    (E) An employee alarm system shall be installed to notify employees 
of an emergency situation; to stop work activities if necessary; to 
lower background noise in order to speed communication; and to begin 
emergency procedures.
* * * * *
    (q) * * *
    (3) * * *
    (iii) Based on the hazardous substances and/or conditions present, 
the individual in charge of the ICS shall implement appropriate 
emergency operations, and assure that the personal protective equipment 
worn is appropriate for the hazards to be encountered.
* * * * *

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

* * * * *

B. Totally-Encapsulating Chemical Protective Suit Qualitative Leak 
Test

* * * * *
    5.1 Concentrated aqueous ammonium hydroxide, NH4 OH, 
is a corrosive volatile liquid requiring eye, skin, and respiratory 
protection. The person conducting the test shall review the Safety 
Data Sheet (SDS) for aqueous ammonia.
* * * * *

Subpart K--Electrical

0
22. The authority citation for subpart K is revised to read as follows:

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

0
23. In Sec.  1926.405, revise paragraph (g)(1)(iii)(C) to read as 
follows:


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

* * * * *
    (g) * * *
    (1) * * *
    (iii) * * *
    (C) Where run through doorways, windows, or similar openings, 
except as permitted in paragraph (a)(2)(ii)(I) of this section;
* * * * *

Subpart L--Scaffolds

0
24. The authority citation for subpart L continues to read as follows:

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

0
25. In Sec.  1926.452, revise paragraphs (a)(3) and (w)(6)(ii) to read 
as follows:


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

* * * * *
    (a) * * *
    (3) Diagonal bracing in both directions shall be installed across 
the entire inside face of double-pole scaffolds used to support loads 
equivalent to a uniformly distributed load of 50 pounds (22.7 kg) or 
more per square foot (929 square cm).
* * * * *
    (w) * * *
    (6) * * *
    (ii) The height to base width ratio of the scaffold during movement 
is two to one or less, unless the scaffold is designed and constructed 
to meet or exceed nationally recognized stability test requirements 
such as those listed in paragraph 2.(w) of appendix A to this subpart;
* * * * *

0
26. In appendix E to subpart L of part 1926 subpart L:
0
a. Remove the graphic ``Maximum Vertical Tie Spacing Wider Than 3'-0'' 
Bases'' and add in its place the graphic ``Maximum Vertical Guy, Tie or 
Brace Spacing Wider Than 3'-0'' Bases''; and
0
b. Remove the graphic ``Maximum Vertical Tie Spacing 3'-0''and Narrower 
Bases'' and add in its place the ``Maximum Vertical Guy, Tie or Brace 
Spacing 3'-0'' And Narrower Bases''.
    The additions read as follows:
BILLING CODE 4510-26-P

[[Page 8737]]

[GRAPHIC] [TIFF OMITTED] TR18FE20.059


[[Page 8738]]


[GRAPHIC] [TIFF OMITTED] TR18FE20.060

* * * * *

Subpart M--Fall Protection

0
27. The authority citation for subpart M continues to read as follows:

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 1-90 (55 FR 9033), 6-96 (62 FR 111), 
3-2000 (65 FR 50017), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912), 
as applicable; and 29 CFR part 1911.
0
28. Revise appendix A to subpart M of part 1926 to read as follows:

[[Page 8739]]

Appendix A to Subpart M of Part 1926--Determining Roof Widths

Non-Mandatory Guidelines for Complying With Sec.  1926.501(b)(10)

    (1) This appendix serves as a guideline to assist employers 
complying with the requirements of Sec.  1926.501(b)(10). Section 
1926.501(b)(10) allows the use of a safety monitoring system alone 
as a means of providing fall protection during the performance of 
roofing operations on low-sloped roofs 50 feet (15.25 m) or less in 
width. Each example in the appendix shows a roof plan or plans and 
indicates where each roof or roof area is to be measured to 
determine its width. Section views or elevation views are shown 
where appropriate. Some examples show ``correct'' and ``incorrect'' 
subdivisions of irregularly shaped roofs divided into smaller, 
regularly shaped areas. In all examples, the dimension selected to 
be the width of an area is the lesser of the two primary dimensions 
of the area, as viewed from above. Example A shows that on a simple 
rectangular roof, width is the lesser of the two primary overall 
dimensions. This is also the case with roofs which are sloped toward 
or away from the roof center, as shown in Example B.
    (2) Many roofs are not simple rectangles. Such roofs may be 
broken down into subareas as shown in Example C. The process of 
dividing a roof area can produce many different configurations. 
Example C gives the general rule of using dividing lines of minimum 
length to minimize the size and number of the areas which are 
potentially less than 50 feet (15.25 m) wide. The intent is to 
minimize the number of roof areas where safety monitoring systems 
alone are sufficient protection.
    (3) Roofs which are comprised of several separate, non-
contiguous roof areas, as in Example D, may be considered as a 
series of individual roofs. Some roofs have penthouses, additional 
floors, courtyard openings, or similar architectural features; 
Example E shows how the rule for dividing roofs into subareas is 
applied to such configurations. Irregular, non-rectangular roofs 
must be considered on an individual basis, as shown in Example F.
[GRAPHIC] [TIFF OMITTED] TR18FE20.061

[GRAPHIC] [TIFF OMITTED] TR18FE20.062


[[Page 8740]]


[GRAPHIC] [TIFF OMITTED] TR18FE20.063


[[Page 8741]]


[GRAPHIC] [TIFF OMITTED] TR18FE20.064


[[Page 8742]]


[GRAPHIC] [TIFF OMITTED] TR18FE20.065


[[Page 8743]]


[GRAPHIC] [TIFF OMITTED] TR18FE20.066

BILLING CODE 4510-26-C

Subpart N--Helicopters, Hoists, Elevators, and Conveyors

0
29. The authority citation for subpart N is revised to read as follows:

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; Secretary of 
Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (49 
FR 35736), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912), as 
applicable; and 29 CFR 1911.


Sec.  1926.552   [Amended]

0
30. In Sec.  1926.552, in paragraph (c)(17)(iv), redesignate paragraphs 
(a) through (e) as paragraphs (A) through (E).

Subpart P--Excavations

0
31. The authority citation for subpart P is revised to read as follows:

    Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, and 657; Secretary 
of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 
(48 FR 35736), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 
part 1911.


0
32. Revise appendix A to subpart P of part 1926 to read as follows:

Appendix A to Subpart P of Part 1926--Soil Classification

    (a) Scope and application--(1) Scope. This appendix describes a 
method of classifying soil and rock deposits based on site and 
environmental conditions, and on the

[[Page 8744]]

structure and composition of the earth deposits. The appendix 
contains definitions, sets forth requirements, and describes 
acceptable visual and manual tests for use in classifying soils.
    (2) Application. This appendix applies when a sloping or 
benching system is designed in accordance with the requirements set 
forth in Sec.  1926.652(b)(2) as a method of protection for 
employees from cave-ins. This appendix also applies when timber 
shoring for excavations is designed as a method of protection from 
cave-ins in accordance with appendix C to subpart P of part 1926, 
and when aluminum hydraulic shoring is designed in accordance with 
appendix D. This appendix also applies if other protective systems 
are designed and selected for use from data prepared in accordance 
with the requirements set forth in Sec.  1926.652(c), and the use of 
the data is predicated on the use of the soil classification system 
set forth in this appendix.
    (b) Definitions. The definitions and examples given below are 
based on, in whole or in part, the following: American Society for 
Testing Materials (ASTM) Standards D653-85 and D2488; The Unified 
Soils Classification System, the U.S. Department of Agriculture 
(USDA) Textural Classification Scheme; and The National Bureau of 
Standards Report BSS-121.
    Cemented soil means a soil in which the particles are held 
together by a chemical agent, such as calcium carbonate, such that a 
hand-size sample cannot be crushed into powder or individual soil 
particles by finger pressure.
    Cohesive soil means clay (fine grained soil), or soil with a 
high clay content, which has cohesive strength. Cohesive soil does 
not crumble, can be excavated with vertical sideslopes, and is 
plastic when moist. Cohesive soil is hard to break up when dry, and 
exhibits significant cohesion when submerged. Cohesive soils include 
clayey silt, sandy clay, silty clay, clay and organic clay.
    Dry soil means soil that does not exhibit visible signs of 
moisture content.
    Fissured means a soil material that has a tendency to break 
along definite planes of fracture with little resistance, or a 
material that exhibits open cracks, such as tension cracks, in an 
exposed surface.
    Granular soil means gravel, sand, or silt, (coarse grained soil) 
with little or no clay content. Granular soil has no cohesive 
strength. Some moist granular soils exhibit apparent cohesion. 
Granular soil cannot be molded when moist and crumbles easily when 
dry.
    Layered system means two or more distinctly different soil or 
rock types arranged in layers. Micaceous seams or weakened planes in 
rock or shale are considered layered.
    Moist soil means a condition in which a soil looks and feels 
damp. Moist cohesive soil can easily be shaped into a ball and 
rolled into small diameter threads before crumbling. Moist granular 
soil that contains some cohesive material will exhibit signs of 
cohesion between particles.
    Plastic means a property of a soil which allows the soil to be 
deformed or molded without cracking, or appreciable volume change.
    Saturated soil means a soil in which the voids are filled with 
water. Saturation does not require flow. Saturation, or near 
saturation, is necessary for the proper use of instruments such as a 
pocket penetrometer or sheer vane.
    Soil classification system means, for the purpose of this 
subpart, a method of categorizing soil and rock deposits in a 
hierarchy of Stable Rock, Type A, Type B, and Type C, in decreasing 
order of stability. The categories are determined based on an 
analysis of the properties and performance characteristics of the 
deposits and the environmental conditions of exposure.
    Stable rock means natural solid mineral matter that can be 
excavated with vertical sides and remain intact while exposed.
    Submerged soil means soil which is underwater or is free 
seeping.
    Type A means cohesive soils with an unconfined compressive 
strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. 
Examples of cohesive soils are: clay, silty clay, sandy clay, clay 
loam and, in some cases, silty clay loam and sandy clay loam. 
Cemented soils such as caliche and hardpan are also considered Type 
A. However, no soil is Type A if:
    (i) The soil is fissured; or
    (ii) The soil is subject to vibration from heavy traffic, pile 
driving, or similar effects; or
    (iii) The soil has been previously disturbed; or
    (iv) The soil is part of a sloped, layered system where the 
layers dip into the excavation on a slope of four horizontal to one 
vertical (4H:1V) or greater; or
    (v) The material is subject to other factors that would require 
it to be classified as a less stable material.
    Type B means:
    (i) Cohesive soil with an unconfined compressive strength 
greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or
    (ii) Granular cohesionless soils including: angular gravel 
(similar to crushed rock), silt, silt loam, sandy loam and, in some 
cases, silty clay loam and sandy clay loam.
    (iii) Previously disturbed soils except those which would 
otherwise be classified as Type C soil.
    (iv) Soil that meets the unconfined compressive strength or 
cementation requirements for Type A, but is fissured or subject to 
vibration; or
    (v) Dry rock that is not stable; or
    (vi) Material that is part of a sloped, layered system where the 
layers dip into the excavation on a slope less steep than four 
horizontal to one vertical (4H:1V), but only if the material would 
otherwise be classified as Type B.
    Type C means:
    (i) Cohesive soil with an unconfined compressive strength of 0.5 
tsf (48 kPa) or less; or
    (ii) Granular soils including gravel, sand, and loamy sand; or
    (iii) Submerged soil or soil from which water is freely seeping; 
or
    (iv) Submerged rock that is not stable; or
    (v) Material in a sloped, layered system where the layers dip 
into the excavation on a slope of four horizontal to one vertical 
(4H:1V) or steeper.
    Unconfined compressive strength means the load per unit area at 
which a soil will fail in compression. It can be determined by 
laboratory testing, or estimated in the field using a pocket 
penetrometer, by thumb penetration tests, and other methods.
    Wet soil means soil that contains significantly more moisture 
than moist soil, but in such a range of values that cohesive 
material will slump or begin to flow when vibrated. Granular 
material that would exhibit cohesive properties when moist will lose 
those cohesive properties when wet.
    (c) Requirements--(1) Classification of soil and rock deposits. 
Each soil and rock deposit shall be classified by a competent person 
as Stable Rock, Type A, Type B, or Type C in accordance with the 
definitions set forth in paragraph (b) of this appendix.
    (2) Basis of classification. The classification of the deposits 
shall be made based on the results of at least one visual and at 
least one manual analysis. Such analyses shall be conducted by a 
competent person using tests described in paragraph (d) below, or in 
other recognized methods of soil classification and testing such as 
those adopted by the America Society for Testing Materials, or the 
U.S. Department of Agriculture textural classification system.
    (3) Visual and manual analyses. The visual and manual analyses, 
such as those noted as being acceptable in paragraph (d) of this 
appendix, shall be designed and conducted to provide sufficient 
quantitative and qualitative information as may be necessary to 
identify properly the properties, factors, and conditions affecting 
the classification of the deposits.
    (4) Layered systems. In a layered system, the system shall be 
classified in accordance with its weakest layer. However, each layer 
may be classified individually where a more stable layer lies under 
a less stable layer.
    (5) Reclassification. If, after classifying a deposit, the 
properties, factors, or conditions affecting its classification 
change in any way, the changes shall be evaluated by a competent 
person. The deposit shall be reclassified as necessary to reflect 
the changed circumstances.
    (d) Acceptable visual and manual tests--(1) Visual tests. Visual 
analysis is conducted to determine qualitative information regarding 
the excavation site in general, the soil adjacent to the excavation, 
the soil forming the sides of the open excavation, and the soil 
taken as samples from excavated material.
    (i) Observe samples of soil that are excavated and soil in the 
sides of the excavation. Estimate the range of particle sizes and 
the relative amounts of the particle sizes. Soil that is primarily 
composed of fine-grained material is cohesive material. Soil 
composed primarily of coarse-grained sand or gravel is granular 
material.
    (ii) Observe soil as it is excavated. Soil that remains in 
clumps when excavated is cohesive. Soil that breaks up easily and 
does not stay in clumps is granular.
    (iii) Observe the side of the opened excavation and the surface 
area adjacent to the excavation. Crack-like openings such as

[[Page 8745]]

tension cracks could indicate fissured material. If chunks of soil 
spall off a vertical side, the soil could be fissured. Small spalls 
are evidence of moving ground and are indications of potentially 
hazardous situations.
    (iv) Observe the area adjacent to the excavation and the 
excavation itself for evidence of existing utility and other 
underground structures, and to identify previously disturbed soil.
    (v) Observe the opened side of the excavation to identify 
layered systems. Examine layered systems to identify if the layers 
slope toward the excavation. Estimate the degree of slope of the 
layers.
    (vi) Observe the area adjacent to the excavation and the sides 
of the opened excavation for evidence of surface water, water 
seeping from the sides of the excavation, or the location of the 
level of the water table.
    (vii) Observe the area adjacent to the excavation and the area 
within the excavation for sources of vibration that may affect the 
stability of the excavation face.
    (2) Manual tests. Manual analysis of soil samples is conducted 
to determine quantitative as well as qualitative properties of soil 
and to provide more information in order to classify soil properly.
    (i) Plasticity. Mold a moist or wet sample of soil into a ball 
and attempt to roll it into threads as thin as \1/8\-inch in 
diameter. Cohesive material can be successfully rolled into threads 
without crumbling. For example, if at least a two inch (50 mm) 
length of \1/8\-inch thread can be held on one end without tearing, 
the soil is cohesive.
    (ii) Dry strength. If the soil is dry and crumbles on its own or 
with moderate pressure into individual grains or fine powder, it is 
granular (any combination of gravel, sand, or silt). If the soil is 
dry and falls into clumps which break up into smaller clumps, but 
the smaller clumps can only be broken up with difficulty, it may be 
clay in any combination with gravel, sand or silt. If the dry soil 
breaks into clumps which do not break up into small clumps and which 
can only be broken with difficulty, and there is no visual 
indication the soil is fissured, the soil may be considered 
unfissured.
    (iii) Thumb penetration. The thumb penetration test can be used 
to estimate the unconfined compressive strength of cohesive soils. 
(This test is based on the thumb penetration test described in 
American Society for Testing and Materials (ASTM) Standard 
designation D2488--``Standard Recommended Practice for Description 
of Soils (Visual--Manual Procedure).'') Type A soils with an 
unconfined compressive strength of 1.5 tsf can be readily indented 
by the thumb; however, they can be penetrated by the thumb only with 
very great effort. Type C soils with an unconfined compressive 
strength of 0.5 tsf can be easily penetrated several inches by the 
thumb, and can be molded by light finger pressure. This test should 
be conducted on an undisturbed soil sample, such as a large clump of 
spoil, as soon as practicable after excavation to keep to a minimum 
the effects of exposure to drying influences. If the excavation is 
later exposed to wetting influences (rain, flooding), the 
classification of the soil must be changed accordingly.
    (iv) Other strength tests. Estimates of unconfined compressive 
strength of soils can also be obtained by use of a pocket 
penetrometer or by using a hand-operated shearvane.
    (v) Drying test. The basic purpose of the drying test is to 
differentiate between cohesive material with fissures, unfissured 
cohesive material, and granular material. The procedure for the 
drying test involves drying a sample of soil that is approximately 
one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until 
it is thoroughly dry:
    (A) If the sample develops cracks as it dries, significant 
fissures are indicated.
    (B) Samples that dry without cracking are to be broken by hand. 
If considerable force is necessary to break a sample, the soil has 
significant cohesive material content. The soil can be classified as 
an unfissured cohesive material and the unconfined compressive 
strength should be determined.
    (C) If a sample breaks easily by hand, it is either a fissured 
cohesive material or a granular material. To distinguish between the 
two, pulverize the dried clumps of the sample by hand or by stepping 
on them. If the clumps do not pulverize easily, the material is 
cohesive with fissures. If they pulverize easily into very small 
fragments, the material is granular

Subpart R--Steel Erection

0
33. The authority citation for subpart R is revised to read as follows:

    Authority:  40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; Secretary 
of Labor's Order Nos. 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-
2007 (72 FR 31159), or 1-2012 (77 FR 3912), as applicable; and 29 
CFR part 1911.

0
34. In Sec.  1926.754, revise paragraph (c)(2) to read as follows;


Sec.  1926.754   Structural steel assembly.

* * * * *
    (c) * * *
    (2) Installation of shear connectors on composite floors, roofs and 
bridge decks. When shear connectors are used in construction of 
composite floors, roofs and bridge decks, employees shall lay out and 
install the shear connectors after the metal decking has been 
installed, using the metal decking as a working platform. Shear 
connectors shall not be installed from within a controlled decking zone 
(CDZ), as specified in Sec.  1926.760(c)(7).
* * * * *

0
35. In Sec.  1926.757, revise the footnotes to Tables A and B to read 
as follows:


Sec.  1926.757  Open web steel joists

* * * * *

            Table A--Erection Bridging for Short Span Joists
------------------------------------------------------------------------
                   Joist                                Span
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
NM = diagonal bolted bridging not mandatory.

* * * * *

             Table B--Erection Bridging for Long Span Joists
------------------------------------------------------------------------
                   Joist                                Span
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
NM = diagonal bolted bridging not mandatory.

* * * * *

0
36. In Sec.  1926.761, revise paragraph (b) to read as follows:


Sec.  1926.761  Training.

* * * * *
    (b) Fall hazard training. The employer shall train each employee 
exposed to a fall hazard in accordance with the requirements of this 
section. The employer shall institute a training program and ensure 
employee participation in the program. The program shall include 
training and instruction in the following areas:
    (1) The recognition and identification of fall hazards in the work 
area;
    (2) The use and operation of guardrail systems (including perimeter 
safety cable systems), personal fall arrest systems, positioning device 
systems, fall restraint systems, safety net systems, and other 
protection to be used;
    (3) The correct procedures for erecting, maintaining, 
disassembling, and inspecting the fall protection systems to be used;
    (4) The procedures to be followed to prevent falls to lower levels 
and through or into holes and openings in walking/working surfaces and 
walls; and
    (5) The fall protection requirements of this subpart.
* * * * *

Subpart V--Electric Power Transmission and Distribution

0
37. The authority citation for subpart V continues to read as follows:

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR part 
1911.


0
38. In Sec.  1926.968, in the definition of ``Hazardous atmosphere'', 
revise the note following paragraph (5) to read as follows:

[[Page 8746]]

Sec.  1926.968   Definitions.

* * * * *
    Hazardous atmosphere. * * *
    (5) * * *

    Note to the Definition of ``Hazardous Atmosphere'' (5):  For air 
contaminants for which the Occupational Safety and Health 
Administration has not determined a dose or permissible exposure 
limit, other sources of information, such as Safety Data Sheets 
(SDS) that comply with the Hazard Communication Standard, Sec.  
1910.1200, published information, and internal documents can provide 
guidance in establishing acceptable atmospheric conditions.

* * * * *

Subpart Z--Toxic and Hazardous Substances

0
39. The authority citation for subpart Z continues to read as follows:

    Authority:  40 U.S.C. 3704; 29 U.S.C. 653, 655, 657; Secretary 
of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 
(48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 
55355), or 1-2012 (77 FR 3912) as applicable; 29 CFR part 1911; and 
5 U.S.C. 553, as applicable.

0
40. In Sec.  1926.1101, revise paragraphs (e)(4) and (f)(3)(iii), the 
paragraph (g)(7) subject heading, paragraphs (g)(8)(v) introductory 
text, (n)(2)(iii), (n)(3)(i) and (iii), and (p)(1), and in appendix K, 
in section 3.1, revise paragraph (e) to read as follows:


Sec.  1926.1101   Asbestos.

* * * * *
    (e) * * *
    (4) Respirators. All persons entering a regulated area where 
employees are required pursuant to paragraph (h)(1) of this section to 
wear respirators shall be supplied with a respirator selected in 
accordance with paragraph (h)(3) of this section.
    * * *
    (f) * * *
    (3) * * *
    (iii) Exception: When all employees required to be monitored daily 
are equipped with supplied-air respirators operated in the pressure 
demand mode, or other positive pressure mode, the employer may dispense 
with the daily monitoring required by this paragraph. However, 
employees performing Class I work using a control method which is not 
listed in paragraph (g)(4)(i), (ii), or (iii) of this section or using 
a modification of a listed control method, shall continue to be 
monitored daily even if they are equipped with supplied-air 
respirators.
* * * * *
    (g) * * *
    (7) Work Practices and Engineering Controls for Class II work. * * 
*
* * * * *
    (8) * * *
    (v) When performing any other Class II removal of asbestos 
containing material for which specific controls have not been listed in 
paragraph (g)(8)(i) through (iv) of this section, the employer shall 
ensure that the following work practices are complied with.
* * * * *
    (n) * * *
    (2) * * *
    (iii) The employer shall maintain this record for at least thirty 
(30) years, in accordance with Sec.  1910.1020 of this chapter
    (3) * * *
    (i) The employer shall establish and maintain an accurate record 
for each employee subject to medical surveillance by paragraph (m) of 
this section, in accordance with Sec.  1910.1020 of this chapter.
* * * * *
    (iii) The employer shall ensure that this record is maintained for 
the duration of employment plus thirty (30) years, in accordance with 
Sec.  1910.1020 of this chapter.
* * * * *
    (p) * * *
    (1) Appendices A, D, and E to this section are incorporated as part 
of this section and the contents of these appendices are mandatory.
* * * * *

Appendix K to Sec.  1926.1101--Polarized Light Microscopy of Asbestos 
(Non-Mandatory)

* * * * *

3.1. Safety

* * * * *
    (e) Some of the solvents used, such as THF (tetrahydrofuran), 
are toxic and should only be handled in an appropriate fume hood and 
according to instructions given in the Safety Data Sheet (SDS).
* * * * *
0
41. In Sec.  1926.1127, revise paragraphs (d)(1)(i), (n)(1)(iii), and 
(n)(3)(iii) and remove paragraph (n)(5).
    The revisions read as follows:


Sec.  1926.1127   Cadmium.

* * * * *
    (d) * * *
    (1) * * *
    (i) Prior to the performance of any construction work where 
employees may be potentially exposed to cadmium, the employer shall 
establish the applicability of this standard by determining whether 
cadmium is present in the workplace and whether there is the 
possibility that employee exposures will be at or above the action 
level. The employer shall designate a competent person who shall make 
this determination. Investigation and material testing techniques shall 
be used, as appropriate, in the determination. Investigation shall 
include a review of relevant plans, past reports, Safety Data Sheets 
(SDS), and other available records, and consultations with the property 
owner and discussions with appropriate individuals and agencies.
* * * * *
    (n) * * *
    (1) * * *
    (iii) The employer shall maintain this record for at least thirty 
(30) years, in accordance with Sec.  1910.1020 of this chapter.
* * * * *
    (3) * * *
    (iii) The employer shall assure that this record is maintained for 
the duration of employment plus thirty (30) years, in accordance with 
Sec.  1910.1020 of this chapter.
* * * * *

Subpart CC--Cranes and Derricks in Construction

0
42. The authority citation for Part 1926 subpart CC continues to read 
as follows:

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 5-2007 (72 FR 31159) or 1-2012 (77 FR 
3912), as applicable; and 29 CFR part 1911.

0
43. In Sec.  1926.1431, revise paragraph (a) to read as follows:


Sec.  1926.1431  Hoisting personnel.

* * * * *
    (a) The use of equipment to hoist employees is prohibited except 
where the employer demonstrates that the erection, use, and dismantling 
of conventional means of reaching the work area, such as a personnel 
hoist, ladder, stairway, aerial lift, elevating work platform, or 
scaffold, would be more hazardous, or is not possible because of the 
project's structural design or worksite conditions. This paragraph does 
not apply to work covered by subpart R (Steel Erection) of this part 
and also does not apply to routine personnel access to an underground 
worksite via shaft as covered by Sec.  1926.800 (Underground 
Construction) of this part.
* * * * *
[FR Doc. 2020-00207 Filed 2-14-20; 8:45 am]
 BILLING CODE 4510-26-P