[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2001 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

                    29


          Parts 1900 to 1910.999

                         Revised as of July 1, 2001

Labor





          Containing a codification of documents of general 
          applicability and future effect
          As of July 1, 2001
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
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[[Page iii]]




                            Table of Contents



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

  Title 29:
    Subtitle B--Regulations Relating to Labor:
          Chapter XVII--Occupational Safety and Health 
          Administration, Department of Labor                        5
  Finding Aids:
      Material Approved for Incorporation by Reference........     929
      Table of CFR Titles and Chapters........................     939
      Alphabetical List of Agencies Appearing in the CFR......     957
      List of CFR Sections Affected...........................     967



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

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 29 CFR 1902.1 refers 
                       to title 29, part 1902, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
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    To determine whether a Code volume has been amended since its 
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List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
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inserted following the text.

OMB CONTROL NUMBERS

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

[[Page vi]]

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

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
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INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
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to materials already published elsewhere. For an incorporation to be 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

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

[[Page vii]]


REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
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or write to the Director, Office of the Federal Register, National 
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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2001.



[[Page ix]]



                               THIS TITLE

    Title 29--Labor is composed of nine volumes. The parts in these 
volumes are arranged in the following order: parts 0-99, parts 100-499, 
parts 500-899, parts 900-1899, parts 1900-1910.999, part 1910.1000-End, 
parts 1911-1925, part 1926, and part 1927 to end. The contents of these 
volumes represent all current regulations codified under this title as 
of July 1, 2001.

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

    Redesignation tables appear in the Finding Aids section of the 
eighth volume.

    Subject indexes appear following the occupational safety and health 
standards (part 1910), and following the safety and health regulations 
for: Longshoring (part 1918), Gear Certification (part 1919), and 
Construction (part 1926).

[[Page x]]





[[Page 1]]



                             TITLE 29--LABOR




               (This book contains parts 1900 to 1910.999)

  --------------------------------------------------------------------
                                                                    Part

                SUBTITLE B--Regulations Relating to Labor

chapter xvii--Occupational Safety and Health Administration, 
  Department of Labor.......................................        1902

Editorial Note: Other regulations issued by the Department of Labor 
  appear in 20 CFR chapters I, IV and V, VI,VII; 29 CFR subtitle A, 
  chapters II, IV, V, XXV; 41 CFR chapters 50, 60, and 61. For Standards 
  for a Merit System of Personnel Administration: See 5 CFR part 900.

  Cross References: Railroad Retirement Board: See Employees' Benefits, 
20 CFR chapter II.

  Social Security Administration, Department of Health and Human 
Services: See Employees' Benefits, 20 CFR chapter III.

[[Page 3]]

                Subtitle B--Regulations Relating to Labor

[[Page 5]]



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




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

Part                                                                Page
1900-1901

[Reserved]

1902            State plans for the development and 
                    enforcement of State standards..........           7
1903            Inspections, citations and proposed 
                    penalties...............................          27
1904            Recording and reporting occupational 
                    injuries and illnesses..................          43
1905            Rules of practice for variances, 
                    limitations, variations, tolerances, and 
                    exemptions under the Williams-Steiger 
                    Occupational Safety and Health Act of 
                    1970....................................          68
1906

Administration witnesses and documents in private litigation [Reserved]

1908            Consultation agreements.....................          79
1910            Occupational safety and health standards....          91
                Subject index for 29 CFR part 1910--
                    Occupational safety and health standards         894


  Editorial Note: Chapter XVII is continued in the volumes containing 29 
CFR part 1910 (Secs. 1910.1000 to end), parts 1911 to 1925, part 1926, 
and part 1927 to end.

[[Page 7]]

                       PARTS 1900-1901 [RESERVED]



PART 1902--STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS--Table of Contents




                           Subpart A--General

Sec.
1902.1  Purpose and scope.
1902.2  General policies.

                   Subpart B--Criteria for State Plans

1902.3  Specific criteria.
1902.4  Indices of effectiveness.
1902.5  Intergovernmental Cooperation Act of 1968.
1902.6  Consultation with the National Institute for Occupational Safety 
          and Health.

 Subpart C--Procedures for Submission, Approval and Rejection of State 
                                  Plans

1902.10  Submission.

           Procedure for Proposed or Possible Approval of Plan

1902.11  General notice.
1902.12  Opportunity for modifications and clarifications.
1902.13  Informal hearing.
1902.14  Formal hearing.
1902.15  Certification of the record of a hearing.

          Procedure for Proposed or Possible Rejection of Plan

1902.17  The proceeding.
1902.18  Previous hearing or other opportunity for comment on plan.
1902.19  Notice of hearing.

                                Decisions

1902.20  Decision following informal proceeding.
1902.21  Tentative decision following formal proceeding.
1902.22  Final decision following formal proceeding.
1902.23  Publication of decisions.

 Subpart D--Procedures for Determinations Under Section 18(e) of the Act

                                 General

1902.30  Purpose and scope.
1902.31  Definitions.
1902.32  General policies.

            Completion of Developmental Steps--Certification

1902.33  Developmental period.
1902.34  Certification of completion of developmental steps.
1902.35  Effect of certification.

                     Basis for 18(e) Determinations

1902.36  General provisions.
1902.37  Factors for determination.

                   Procedures for 18(e) Determination

1902.38  Evaluation of plan following certification.
1902.39  Completion of evaluation.
1902.40  Informal hearing.
1902.41  Decision.
1902.42  Effect of affirmative 18(e) determination.
1902.43  Affirmative 18(e) decision.
1902.44  Requirements applicable to State plans granted affirmative 
          18(e) determinations.
1902.45  [Reserved]
1902.46  Negative 18(e) determination.

  Procedure for Reconsideration and Revocation of an Affirmative 18(e) 
                              Determination

1902.47  Reconsideration of an affirmative 18(e) determination.
1902.48  The proceeding.
1902.49  General notice.
1902.50  Informal hearing.
1902.51  Certification of the records of a hearing.
1902.52  Decision.
1902.53  Publication of decisions.

    Authority: Secs. 8, 18, Occupational Safety and Health Act of 1970 
(29 U.S.C. 657, 667).

    Source: 36 FR 20751, Oct. 29, 1971, unless otherwise noted.



                           Subpart A--General



Sec. 1902.1  Purpose and scope.

    (a) This part applies the provisions of section 18 of the Williams-
Steiger Occupational Safety and Health Act of 1970 (hereinafter referred 
to as the Act) relating to State plans for the development and 
enforcement of State occupational safety and health standards. The 
provisions of the part set forth the procedures by which the Assistant 
Secretary for Occupational Safety and Health (hereinafter referred to as 
the Assistant Secretary) under a delegation of authority from the 
Secretary of Labor (Secretary's Order No. 12-71, 36 FR 8754, May 12, 
1971) will approve or reject State plans submitted to the Secretary. In 
the Act, Congress declared it to be its purpose and policy ``* * * to 
assure so far as possible every working man and woman in the Nation safe 
and healthful working conditions

[[Page 8]]

and to preserve our human resources'' by, among other actions and 
programs, ``* * * encouraging the State to assume the fullest 
responsibility for the administration and enforcement of their 
occupational safety and health laws. Section 18(a) of the Act is read as 
preventing any State agency or court from asserting jurisdiction under 
State law over any occupational safety or health issue with respect to 
which a Federal standard has been issued under section 6 of the Act. 
However, section 18(b) provides that any State that desires to assume 
responsibility for the development and enforcement therein of 
occupational safety and health standards relating to issues covered by 
corresponding standards promulgated under section 6 of the Act shall 
submit a plan for doing so to the Assistant Secretary.
    (b) Section 18(c) of the Act sets out certain criteria that a plan 
which is submitted under section 18(b) of the Act must meet, either 
initially or upon modification, if it is to be approved. Foremost among 
these criteria is the requirement that the plan must provide for the 
development of State standards and the enforcement of such standards 
which are or will be at least as effective in providing safe and 
healthful employment and places of employment as the standards 
promulgated under section 6 of the Act which relate to the same issues.
    (c)(1) If the Assistant Secretary approves a State plan submitted 
under section 18(b), he may, but is not required to, exercise his 
enforcement authority with respect to Federal standards corresponding to 
standards approved under the plan until he determines, in accordance 
with section 18(e) of the Act, on the basis of actual operations under 
the plan, that the State is applying the criteria of section 18(c) of 
the Act. The Assistant Secretary shall not make this determination (i) 
for at least 3 years after initial approval of the plan, and (ii) in the 
case of a developmental plan approved under Sec. 1902.2(b), until the 
State has completed all the steps specified in its plan which are 
designed to make it at least as effective as the Federal program and the 
Assistant Secretary has had at least 1 year in which to evaluate the 
program on the basis of actual operations. After the determination that 
the State is applying the criteria of section 18(c) of the Act, the 
Assistant Secretary's enforcement authority shall not apply with respect 
to any occupational safety or health issue covered by the plan. 
Notwithstanding plan approval and a determination under section 18(e) 
that the section 18(c) criteria are being followed, the Assistant 
Secretary shall make a continuing evaluation, as provided in section 
18(f) of the Act, of the manner in which the State is carrying out the 
plan.
    (2) Federal enforcement authority which must be retained by the 
Assistant Secretary until actual operations prove the State plan to be 
at least as effective as the Federal program, will be exercised to the 
degree necessary to assure occupational safety and health. Factors to be 
considered in determining the level of Federal effort during this period 
include:
    (i) Whether the plan is developmental (i.e., approved under 
Sec. 1902.2(b)) or complete (i.e., approved under Sec. 1902.2 (a)).
    (ii) Results of evaluations conducted by the Assistant Secretary.
    (3) Whenever the Assistant Secretary determines, after giving notice 
and affording the State an opportunity for a hearing, that in the 
administration of the State plan there is a failure to comply 
substantially with any provision of the plan or any assurance contained 
therein, he shall withdraw approval of such plan in whole or in part, 
and upon notice the State shall cease operations under any disapproved 
plan or part thereof, except that it will be permitted to retain 
jurisdiction as to any case commenced before withdrawal of approval 
whenever the issues involved do not relate to the reasons for the 
withdrawal of the plan.
    (4) A determination of approval of a State plan under section 18(e) 
does not affect the authority and responsibility of the Assistant 
Secretary to enforce Federal standards covering issues not included 
under the State plan.
    (d) The policy of the Act is to encourage the assumption by the 
States of the fullest responsibility for the development and enforcement 
of their own occupational safety and health standards. This assumption 
of responsibility

[[Page 9]]

is considered to include State development and enforcement of standards 
on as many occupational safety and health issues as possible. To these 
ends, the Assistant Secretary intends to cooperate with the States so 
that they can obtain approval of plans for the development and 
enforcement of State standards which are or will be at least as 
effective as the Federal standards and enforcement.
    (e) After the Assistant Secretary has approved a plan, he may 
approve one or more grants under section 23(g) of the Act to assist the 
State in administering and enforcing its program for occupational safety 
and health in accordance with appropriate instructions or procedures to 
be promulgated by the Assistant Secretary.

[36 FR 20751, Oct. 29, 1971, as amended at 61 FR 9230, Mar. 7, 1996]



Sec. 1902.2  General policies.

    (a) Policy. The Assistant Secretary will approve a State plan which 
provides for an occupational safety and health program with respect to 
covered issues that in his judgment meets or will meet the criteria set 
forth in Sec. 1902.3. Included among these criteria is the requirement 
that the State plan provide for the development and enforcement of 
standards relating to issues covered by the plan which are or will be at 
least as effective in providing safe and healthful employment and places 
of employment as standards promulgated and enforced under section 6 of 
the Act on the same issues. In determining whether a State plan 
satisfies the requirement of effectiveness, the Assistant Secretary will 
measure the plan against the indices of effectiveness set forth in 
Sec. 1902.4.
    (b) Developmental plan. A State plan for an occupational safety and 
health program may be approved although, upon submission it does not 
fully meet the criteria set forth in Sec. 1902.3, if it includes 
satisfactory assurances by the State that it will take the necessary 
steps to bring the State program into conformity with these criteria 
within the 3-year period immediately following the commencement of the 
plan's operation. In such case, the State plan shall include the 
specific actions it proposes to take and a time schedule for their 
accomplishment not to exceed 3 years, at the end of which the State plan 
will meet the criteria in Sec. 1902.3. A developmental plan shall 
include the date or dates within which intermediate and final action 
will be accomplished. If necessary program changes require legislative 
action by a State, a copy of a bill or a draft of legislation that will 
be or has been proposed for enactment shall be submitted, accompanied by 
(1) a statement of the Governor's support of the legislation and (2) a 
statement of legal opinion that the proposed legislation will meet the 
requirements of the Act and this part in a manner consistent with the 
State's constitution and laws. On the basis of the State's submission 
the Assistant Secretary will approve the plan if he finds that there is 
a reasonable expectation that the State plan will meet the criteria in 
Sec. 1902.3 within the indicated 3-year period. In such case, the 
Assistant Secretary shall not make a determination under section 18(e) 
of the Act that a State is fully applying the criteria in Sec. 1902.3 
until the State has completed all the developmental steps specified in 
its plan which are designed to make it at least as effective as the 
Federal program, and the Assistant Secretary has had at least 1 year to 
evaluate the plan on the basis of actual operations. If at the end of 3 
years from the date of commencement of the plan's development, the State 
is found by the Assistant Secretary, after affording the State notice 
and opportunity for a hearing, not to have substantially completed the 
developmental steps of the plan, the Assistant Secretary shall withdraw 
the approval of the plan.
    (c) Scope of State plan. (1) A State plan may cover any occupational 
safety and health issue with respect to which a Federal standard has 
been promulgated under section 6 of the Act. An ``issue'' is considered 
to be an industrial, occupational or hazard grouping which is at least 
as comprehensive as a corresponding grouping contained in (i) one or 
more sections in subpart B or R of part 1910 of this chapter, or (ii) 
one or more of the remaining subparts of part 1910. However, for cause 
shown the Assistant Secretary may approve a

[[Page 10]]

plan relating to other industrial, occupational or hazard groupings if 
he determines that the plan is administratively practicable and that 
such groupings would not conflict with the purposes of the Act.
    (2) Each State plan shall describe the occupational safety and 
health issue or issues and the State standard or standards applicable to 
each such issue or issues over which it desires to assume enforcement 
responsibility in terms of the corresponding Federal industrial, 
occupational or hazard groupings and set forth the reasons, supported 
with appropriate data, for any variations the State proposes from the 
coverage of Federal standards.
    (3) The State plan shall apply to all employers and employees within 
the affected industry, occupational or hazard grouping unless the 
Assistant Secretary finds that the State has shown good cause why any 
group or groups of employers or employees should be excluded. Any 
employers or employees so excluded shall be covered by applicable 
Federal standards and enforcement provisions in the Act.



                   Subpart B--Criteria for State Plans



Sec. 1902.3  Specific criteria.

    (a) General. A State plan must meet the specific criteria set forth 
in this section.
    (b) Designation of State agency. (1) The State plan shall designate 
a State agency or agencies as the agency or agencies responsible for 
administering the plan throughout the State.
    (2) The plan shall also describe the authority and responsibilities 
vested in such agency or agencies. The plan shall contain assurances 
that any other responsibilities of the designated agency shall not 
detract significantly from the resources and priorities assigned to 
administration of the plan.
    (3) A State agency or agencies must be designated with overall 
responsibility for administering the plan throughout the State. However, 
political subdivisions of the State may have the responsibility and 
authority for the development and enforcement of standards, provided 
that the State agency or agencies are given adequate authority by 
statute, regulation, or agreement, to insure that the commitments of the 
State under the plan will be fulfilled.
    (c) Standards. (1) The State plan shall include or provide for the 
development or adoption of, and contain assurances that the State will 
continue to develop or adopt, standards which are or will be at least as 
effective as those promulgated under section 6 of the Act. Indices of 
the effectiveness of standards and procedures for the development or 
adoption of standards against which the Assistant Secretary will measure 
the State plan in determining whether it is approvable are set forth in 
Sec. 1902.4(b).
    (2) The State plan shall not include standards for products 
distributed or used in interstate commerce which are different from 
Federal standards for such products unless such standards are required 
by compelling local conditions and do not unduly burden interstate 
commerce. This provision, reflecting section 18(c)(2) of the Act, is 
interpreted as not being applicable to customized products or parts not 
normally available on the open market, or to the optional parts or 
additions to products which are ordinarily available with such optional 
parts or additions.
    (d) Enforcement. (1) The State plan shall provide a program for the 
enforcement of the State standards which is, or will be, at least as 
effective as that provided in the Act, and provide assurances that the 
State's enforcement program will continue to be at least as effective as 
the Federal program. Indices of the effectiveness of a State's 
enforcement plan against which the Assistant Secretary will measure the 
State plan in determining whether it is approvable are set forth in 
Sec. 1902.4(c).
    (2) The State plan shall require employers to comply with all 
applicable State occupational safety and health standards covered by the 
plan and all applicable rules issued thereunder, and employees to comply 
with all standards, rules, and orders applicable to their conduct.
    (e) Right of entry and inspection. The State plan shall contain 
adequate assurance that inspectors will have a right to enter and 
inspect covered workplaces which is, or will be, at least as effective 
as that provided in section

[[Page 11]]

8 of the Act. Where such entry or inspection is refused, the State 
agency or agencies shall have the authority, through appropriate legal 
process, to compel such entry and inspection.
    (f) Prohibition against advance notice. The State plan shall contain 
a prohibition against advance notice of inspections. Any exceptions must 
be expressly authorized by the head of the designated agency or agencies 
or his representative and such exceptions may be no broader than those 
authorized under the Act and the rules published in part 1903 of this 
chapter relating to advance notice.
    (g) Legal authority. The State plan shall contain satisfactory 
assurances that the designated agency or agencies have, or will have, 
the legal authority necessary for the enforcement of its standards.
    (h) Personnel. The State plan shall provide assurance that the 
designated agency or agencies have, or will have, a sufficient number of 
adequately trained and qualified personnel necessary for the enforcement 
of the standards. For this purpose qualified personnel means persons 
employed on a merit basis, including all persons engaged in the 
development of standards and the administration of the State plan. 
Conformity with the Standards for a Merit System of Personnel 
Administration, 45 CFR part 70, issued by the Secretary of Labor, 
including any amendments thereto, and any standards prescribed by the 
U.S. Civil Service Commission pursuant to section 208 of the 
Intergovernmental Personnel Act of 1970 (Pub. L. 91-648; 84 Stat. 1915) 
modifying or superseding such standards, will be deemed to meet this 
requirement.
    (i) Resources. The State plan shall contain satisfactory assurances 
through the use of budget, organizational description, and any other 
appropriate means that the State will devote adequate funds to the 
administration and enforcement of the program. The Assistant Secretary 
will make periodic evaluations of the adequacy of the State resources 
devoted to the plan.
    (j) State and local government employees. The State plan shall 
include, to the extent permitted by State law, an effective and 
comprehensive occupational safety and health program covering all 
employees of public agencies of the State and its political 
subdivisions. Such program shall be as effective as the programs 
contained in the plan which are applicable to employees covered by the 
plan.
    (k) Employer records and reports. The State plan shall provide 
assurances that employers covered by the plan will maintain records and 
make reports to the Assistant Secretary in the same manner and to the 
same extent as if the plan were not in effect.
    (l) State agency reports to the Assistant Secretary. The State plan 
shall provide assurances that the designated agency or agencies shall 
make such reasonable reports to the Assistant Secretary in such form and 
containing such information as he may from time to time require. The 
agency or agencies shall establish specific goals, consistent with the 
goals of the Act, including measures of performance, output and results 
which will determine the efficiency and effectiveness of the State 
program, and shall make periodic reports to the Assistant Secretary on 
the extent to which the State, in implementation of its plan, has 
attained these goals. Reports will also include data and information on 
the implementation of the specific inspection and voluntary compliance 
activities included within the State plan. Further, these reports shall 
contain such statistical information pertaining to work-related deaths, 
injuries, and illnesses in employments and places of employment covered 
by the plan as the Assistant Secretary may from time to time require.

(Approved by the Office of Management and Budget under control number 
1218-0004)

[36 FR 20751, Oct. 29, 1971, as amended at 54 FR 24333, June 7, 1989]



Sec. 1902.4  Indices of effectiveness.

    (a) General. In order to satisfy the requirements of effectiveness 
under Sec. 1902.3 (c)(1) and (d)(1), the State plan shall:
    (1) Establish the same standards, procedures, criteria and rules as 
have been established by the Assistant Secretary under the Act, or;
    (2) Establish alternative standards, procedures, criteria, and rules 
which

[[Page 12]]

will be measured against each of the indices of effectiveness in 
paragraphs (b) and (c) of this section to determine whether the 
alternatives are at least as effective as the Federal program with 
respect to the subject of each index. For each index the State must 
demonstrate by the presentation of factual or other appropriate 
information that its plan is or will be at least as effective as the 
Federal program.
    (b) Standards. (1) The indices for measurement of a State plan with 
regard to standards follow in paragraph (b)(2) of this section. The 
Assistant Secretary will determine whether the State plan satisfies the 
requirements of effectiveness with regard to each index as provided in 
paragraph (a) of this section.
    (2) The Assistant Secretary will determine whether the State plan:
    (i) Provides for State standards with respect to specific issues 
which are or will be at least as effective as the standards promulgated 
under section 6 of the Act relating to the same issues. In the case of 
any State standards dealing with toxic materials or harmful physical 
agents, they should adequately assure, to the extent feasible, that no 
employee will suffer material impairment of health or functional 
capacity even if such employee has regular exposure to the hazard dealt 
with by such standard for the period of his working life, by such means 
as, in the development and promulgation of standards, obtaining the best 
available evidence through research, demonstrations, experiments, and 
experience under this and other safety and health laws.
    (ii) Provides an adequate method to assure that its standards will 
continue to be at least as effective as Federal standards, including 
Federal standards relating to issues covered by the plan, which become 
effective subsequent to any approval of the plan.
    (iii) Provides a procedure for the development and promulgation of 
standards which allows for the consideration of pertinent factual 
information and affords interested persons, including employees, 
employers and the public, an opportunity to participate in such 
processes, by such means as establishing procedures for consideration of 
expert technical knowledge, and providing interested persons, including 
employers, employees, recognized standards-producing organizations, and 
the public an opportunity to submit information requesting the 
development or promulgation of new standards or the modification or 
revocation of existing standards and to participate in any hearings. 
This index may also be satisfied by such means as the adoption of 
Federal standards, in which case the procedures at the Federal level 
before adoption of a standard under section 6 may be considered to meet 
the conditions of this index.
    (iv) Provides authority for the granting of variances from State 
standards, upon application of an employer or employers which correspond 
to variances authorized under the Act, and for consideration of the 
views of interested parties, by such means as giving affected employees 
notice of each application and an opportunity to request and participate 
in hearings or other appropriate proceedings relating to applications 
for variances.
    (v) Provides for prompt and effective standards setting actions for 
the protection of employees against new and unforseen hazards, by such 
means as the authority to promulgate emergency temporary standards.
    (vi) Provides that State standards contain appropriate provision for 
the furnishing to employees of information regarding hazards in the 
workplace, including information about suitable precautions, relevant 
symptoms, and emergency treatment in case of exposure, by such means as 
labeling, posting, and, where appropriate, medical examination at no 
cost to employees, with the results of such examinations being furnished 
only to appropriate State officials and, if the employee so requests, to 
his physician.
    (vii) Provides that State standards, where appropriate, contain 
specific provision for the protection of employees from exposure to 
hazards, by such means as containing appropriate provision for use of 
suitable protective equipment and for control or technological 
procedures with respect to such hazards, including monitoring or 
measuring such exposure.

[[Page 13]]

    (c) Enforcement. (1) The indices for measurement of a State plan 
with regard to enforcement follow in paragraph (c)(2) of this section. 
The Assistant Secretary will determine whether the State plan satisfies 
the requirements of effectiveness with regard to each index as provided 
in paragraph (a) of this section.
    (2) The Assistant Secretary will determine whether the State plan:
    (i) Provides for inspection of covered workplaces in the State, 
including inspections in response to complaints, where there are 
reasonable grounds to believe a hazard exists, in order to assure, so 
far as possible, safe and healthful working conditions for covered 
employees, by such means as providing for inspections under conditions 
such as those provided in section 8 of the Act.
    (ii) Provides an opportunity for employees and their 
representatives, before, during, and after inspections, to bring 
possible violations to the attention of the State agency with 
enforcement responsibility in order to aid inspections, by such means as 
affording a representative of the employer and a representative 
authorized by employees an opportunity to accompany the State 
representative during the physical inspection of the workplace, or where 
there is no authorized representative, by providing for consultation by 
the State representative with a reasonable number of employees.
    (iii) Provides for the notification of employees, or their 
representatives, when the State decides not to take compliance action as 
a result of violations alleged by such employees or their 
representatives and further provides for informal review of such 
decisions, by such means as written notification of decisions not to 
take compliance action and the reasons therefor, and procedures for 
informal review of such decisions and written statements of the 
disposition of such review.
    (iv) Provides that employees be informed of their protections and 
obligations under the Act, including the provisions of applicable 
standards, by such means as the posting of notices or other appropriate 
sources of information.
    (v) Provides necessary and appropriate protection to an employee 
against discharge or discrimination in terms and conditions of 
employment because he has filed a complaint, testified, or otherwise 
acted to exercise rights under the Act for himself or others, by such 
means as providing for appropriate sanctions against the employer for 
such actions and by providing for the withholding, upon request, of the 
names of complainants from the employer.
    (vi) Provides that employees have access to information on their 
exposure to toxic materials or harmful physical agents and receive 
prompt information when they have been or are being exposed to such 
materials or agents in concentrations or at levels in excess of those 
prescribed by the applicable safety and health standards, by such means 
as the observation by employees of the monitoring or measuring of such 
materials or agents, employee access to the records of such monitoring 
or measuring, prompt notification by an employer to any employee who has 
been or is being exposed to such agents or materials in excess of the 
applicable standards, and information to such employee of corrective 
action being taken.
    (vii) Provides procedures for the prompt restraint or elimination of 
any conditions or practices in covered places of employment which could 
reasonably be expected to cause death or serious physical harm 
immediately or before the imminence of such danger can be eliminated 
through the enforcement procedures otherwise provided for in the plan, 
by such means as immediately informing employees and employers of such 
hazards, taking steps to obtain immediate abatement of the hazard by the 
employer, and where appropriate, authority to initiate necessary legal 
proceedings to require such abatement.
    (viii) Provides adequate safeguards to protect trade secrets, by 
such means as limiting access to such trade secrets to authorized State 
officers or employees concerned with carrying out the plan and by 
providing for the issuance of appropriate orders to protect the 
confidentiality of trade secrets.
    (ix) Provides that the State agency (or agencies) will have the 
necessary legal authority for the enforcement of

[[Page 14]]

standards, by such means as provisions for appropriate compulsory 
process to obtain necessary evidence or testimony in connection with 
inspection and enforcement proceedings.
    (x) Provides for prompt notice to employers and employees when an 
alleged violation of standards has occurred, including the proposed 
abatement requirements, by such means as the issuance of a written 
citation to the employer and posting of the citation at or near the site 
of the violation; further provides for advising the employer of any 
proposed sanctions, by such means as a notice to the employer by 
certified mail within a reasonable time of any proposed sanctions.
    (xi) Provides effective sanctions against employers who violate 
State standards and orders, such as those prescribed in the Act.
    (xii) Provides for an employer to have the right of review of 
violations alleged by the State, abatement periods, and proposed 
penalties and for employees or their representatives to have an 
opportunity to participate in review proceedings, by such means as 
providing for administrative or judicial review, with an opportunity for 
a full hearing on the issues.
    (xiii) Provides that the State will undertake programs to encourage 
voluntary compliance by employers and employees by such means as 
conducting training and consultation with employers and employees.
    (d) Additional indices. Upon his own motion or after consideration 
of data, views and arguments received in any proceeding held under 
subpart C of this part, the Assistant Secretary may prescribe additional 
indices for any State plan which shall be in furtherance of the purpose 
of this part, as expressed in Sec. 1902.1.



Sec. 1902.5  Intergovernmental Cooperation Act of 1968.

    This part shall be construed in a manner consistent with the 
Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4201-4233), and any 
regulations pursuant thereto.



Sec. 1902.6  Consultation with the National Institute for Occupational Safety and Health.

    The Assistant Secretary will consult, as appropriate, with the 
Director of the National Institute for Occupational Safety and Health 
with regard to plans submitted by the States under this part.



 Subpart C--Procedures for Submission, Approval and Rejection of State 
                                  Plans



Sec. 1902.10  Submission.

    (a) An authorized representative of the State agency or agencies 
responsible for administering the plan shall submit the plan with 10 
copies to the appropriate Assistant Regional Director of the 
Occupational Safety and Health Administration, U.S. Department of Labor. 
The State plan shall include (1) Supporting papers conforming to the 
requirements specified in subpart B of this part, and (2) the State 
occupational safety and health standards to be included in the plan, 
including copies of any specific or enabling State laws and regulations 
relating to such standards. If any of the representations concerning the 
requirements of subpart B of this part are dependent upon any judicial 
or administrative interpretations of the State standards or enforcement 
provisions, the State shall furnish citations to any pertinent judicial 
decisions and the text of any pertinent administrative decisions.
    (b) Upon receipt of the State plan the Assistant Regional Director 
shall make a preliminary examination of the plan. If his examination 
reveals any defect in the plan, the Assistant Regional Director shall 
offer assistance to the State agency and shall provide the agency an 
opportunity to cure such defect. After his preliminary examination, and 
after affording the State agency such opportunity to cure defects, the 
Assistant Regional Director shall submit the plan to the Assistant 
Secretary.
    (c) Upon receipt of the plan from the Assistant Regional Director, 
the Assistant Secretary shall examine the plan and supporting materials. 
If the

[[Page 15]]

examination discloses no cause for rejecting the plan, the Assistant 
Secretary shall follow the procedure prescribed in Sec. 1902.11. If the 
examination discloses cause for rejection of the plan, the Assistant 
Secretary shall follow the procedure prescribed in Sec. 1902.17.

           Procedure for Proposed or Possible Approval of Plan



Sec. 1902.11  General notice.

    (a) Upon receipt of a State plan submitted by an Assistant Regional 
Director under Sec. 1902.10 whenever the Assistant Secretary proposes to 
approve the plan, or to give notice that such approval is an issue 
before him, he shall publish in the Federal Register a notice meeting 
the requirements of the remaining paragraphs of this section. No later 
than 5 days following the publication of the notice in the Federal 
Register, the applying State agency shall publish, or cause to be 
published, within the State reasonable notice containing the same 
information.
    (b) The notice shall indicate the submission of the plan and its 
contents, and any proposals, subjects, or issues involved.
    (c) The notice shall provide that the plan, or copies thereof, shall 
be available for inspection and copying at the office of the Director, 
Office of State Programs, Occupational Safety and Health Administration, 
1726 M Street NW., Washington, DC 20210, office of the Assistant 
Regional Director in whose region the State is located, and an office of 
the State which shall be designated by the State for this purpose.
    (d) The notice shall afford interested persons an opportunity to 
submit in writing, data, views, and arguments on the proposal, subjects, 
or issues involved within 30 days after publication of the notice in the 
Federal Register. Thereafter the written comments received or copies 
thereof shall be available for public inspection and copying at the 
office of the Director, Office of State Programs, Occupational Safety 
and Health Administration, 1726 M Street NW., Washington, DC 20210, 
office of the Assistant Regional Director in whose region the State is 
located, and an office of the State which shall be designated by the 
State for this purpose.
    (e) Upon his own initiative, the Assistant Secretary may give notice 
of an informal or formal hearing affording an opportunity for oral 
comments concerning the plan.
    (f) In the event no notice of hearing is provided under paragraph 
(e) of this section it shall be provided that any interested person may 
request an informal hearing concerning the proposed plan, or any part 
thereof, whenever particularized written objections thereto are filed 
within 30 days following publication of the notice in the Federal 
Register. If the Assistant Secretary finds that substantial objections 
have been filed, he shall afford a formal or informal hearing on the 
subjects and issues involved under Sec. 1902.13 or Sec. 1902.14, or 
shall commence a proceeding under Sec. 1902.17.



Sec. 1902.12  Opportunity for modifications and clarifications.

    The Assistant Secretary may afford the State an opportunity to 
modify or clarify its plan on the basis of any comments received under 
Sec. 1902.11 or Sec. 1902.13, before commencing a proceeding to reject 
the plan. In this connection, the State may informally discuss any 
issues raised by such comments with the staff of the Office of Federal 
and State Operations. The Assistant Secretary may afford an additional 
opportunity for public comment, particularly when such an opportunity 
would not unduly delay final action on the plan and when the comments 
could be expected to elicit new relevant matter.

[38 FR 12605, May 14, 1973]



Sec. 1902.13  Informal hearing.

    Any informal hearing shall be legislative in type. The procedures 
for informal hearings may take a variety of forms. The appropriateness 
of any particular form will turn largely upon the proposals, subjects, 
or issues involved. The rules of procedure for each hearing shall be 
published with the notice thereof.

[[Page 16]]



Sec. 1902.14  Formal hearing.

    Any formal hearing provided for under Sec. 1902.11 (e) and (f) shall 
be commenced upon the publication of reasonable notice in the Federal 
Register and similar notice by the State. The hearing shall conform with 
the requirements of 5 U.S.C. 556 and 557. The terms for filing proposed 
findings and conclusions and exceptions to any tentative decision, or 
objections to a tentative decision, shall be set forth in the notice.



Sec. 1902.15  Certification of the record of a hearing.

    Upon completion of any formal or informal hearing, the transcript 
thereof, together with written submissions, exhibits filed during the 
hearing, and any post-hearing presentations shall be certified by the 
officer presiding at the hearing to the Assistant Secretary.

          Procedure for Proposed or Possible Rejection of Plan



Sec. 1902.17  The proceeding.

    Whenever as a result of (a) an initial examination of a plan, or (b) 
written or oral comments concerning a plan submitted in an informal 
rulemaking proceeding concerning a proposed approval of a plan or any 
subject or issue concerning the plan, the Assistant Secretary proposes 
to reject a plan or rejection remains in issue for any reason, he shall 
follow the procedures prescribed in the remaining sections of this 
subpart.



Sec. 1902.18  Previous hearing or other opportunity for comment on plan.

    (a) Whenever an informal hearing has been held under Secs. 1902.11 
and 1902.13, any evidence submitted in such a hearing shall be 
considered and may be relied upon whenever it is found that no party 
will be prejudiced thereby because
    (1) Of a lack of an opportunity for cross-examination afforded in 
the informal hearing on the issues involved, or
    (2) The veracity and demeanor of witnesses are not important with 
respect to the type of evidence involved (e.g., extensive technical or 
statistical data), or
    (3) For any other reason.
    (b) Any written comments received in response to a notice issued 
under Sec. 1902.11 shall be a part of the record of the proceeding.
    (c) Whenever a formal hearing has been held under Sec. 1902.14 the 
Assistant Secretary shall hold no additional hearing, and shall proceed 
to issue a tentative decision under Sec. 1902.21.



Sec. 1902.19  Notice of hearing.

    (a) Whenever the Assistant Secretary has issued no previous notice 
concerning the plan, or only informal rule making proceedings have been 
conducted concerning the plan, the Assistant Secretary shall publish in 
the Federal Register an appropriate notice concerning the plan and 
provide an opportunity for formal hearing and decision on the possible 
rejection of the plan and on any subsidiary issues. The notice also 
shall set forth such rules as may be necessary so as to assure 
compliance with 5 U.S.C. 556 and 557 in the conduct of the proceeding. 
The time for filing proposed findings and conclusions and exceptions to 
any tentative decision shall be set forth in the notice.
    (b) Not later than 5 days following the publication of the notice in 
the Federal Register, required by paragraph (a) of this section, the 
applying State agency shall publish, or cause to be published, within 
the State reasonable notice containing the same information.

                                Decisions



Sec. 1902.20  Decision following informal proceeding.

    (a) This section deals with a situation where the Assistant 
Secretary has
    (1) Afforded interested persons an opportunity to submit written 
data, views, or arguments concerning a proposal, subject, or issue 
concerning a plan; or
    (2) Has in addition provided an informal hearing concerning a 
proposal, subject, or issue concerning a plan.
    (b)(1)(i) After consideration of all relevant information which has 
been presented, if the Assistant Secretary approves a plan he shall 
issue a decision to that effect.

[[Page 17]]

    (ii) In the event the plan is approved under Sec. 1902.2(b), the 
decision shall state that the plan does not fully meet the criteria set 
forth in Sec. 1902.3, and shall summarize the schedule and any other 
measures for bringing the plan up to the level of such criteria.
    (iii) The decision shall also reflect the Assistant Secretary's 
intention as to continued Federal enforcement of Federal standards in 
areas covered by the plan. Provisions for continued Federal enforcement 
shall take into consideration:
    (a) Whether the plan is approved under Sec. 1902.2(a) or 
Sec. 1902.2(b);
    (b) The schedule for coming up to Federal standards in any 
Sec. 1902.2(b) plan; and
    (c) Any other relevant matters.
    (2) After consideration of all relevant information contained in any 
written or oral comments received in any informal proceeding, if the 
Assistant Secretary proposes to disapprove a plan, or the disposition of 
a subject or issue permits the possible disapproval of a plan, he shall 
publish a notice to that effect, and commence a proceeding meeting the 
requirements of Sec. 1902.19.



Sec. 1902.21  Tentative decision following formal proceeding.

    (a) On the basis of the whole record of any hearing held under 
Sec. 1902.14 or Sec. 1902.19, the Assistant Secretary shall issue a 
tentative decision either approving or disapproving the plan. The 
tentative decision shall include a statement of the findings and 
conclusions and reasons or bases therefor on all material issues of 
fact, law, or discretion which have been presented. The tentative 
decision shall be published in the Federal Register.
    (b) The State agency and other interested persons participating in 
the hearing may waive the tentative decision. In such event the 
Assistant Secretary shall issue a final decision under Sec. 1902.22.



Sec. 1902.22  Final decision following formal proceeding.

    (a) Except when interested persons participating in the hearing have 
waived the tentative decision under Sec. 1902.21(b) interested persons 
participating in the hearing shall have an opportunity to file 
exceptions to a tentative decision and objections to such exceptions 
within periods of time to be specified in the tentative decision. An 
original and four copies of any exception or objections shall be filed.
    (b)(1) Thereafter the Assistant Secretary shall issue a final 
decision ruling upon each exception and objection filed. The final 
decision shall be published in the Federal Register.
    (2) Any final decision approving a plan shall contain the provisions 
prescribed in Sec. 1902.20(b)(1)(iii) concerning Federal enforcement in 
areas covered by the plan.



Sec. 1902.23  Publication of decisions.

    All decisions approving or disapproving a plan shall be published in 
the Federal Register.



 Subpart D--Procedures for Determinations Under Section 18(e) of the Act

    Source: 40 FR 54782, Nov. 26, 1975, unless otherwise noted.

                                 General



Sec. 1902.30  Purpose and scope.

    This subpart contains procedures and criteria under which the 
Assistant Secretary of Labor for Occupational Safety and Health 
(hereinafter referred to as the Assistant Secretary) under a delegation 
of authority from the Secretary of Labor (Secretary's Order 12-71, 36 FR 
8754) will make his determination on whether to grant final approval to 
State plans in accordance with the provisions of section 18(e) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 667) (hereinafter 
referred to as the Act).



Sec. 1902.31  Definitions.

    As used in this subpart, unless the context clearly indicates 
otherwise:
    Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.)
    Affirmative 18(e) determination means an affirmative determination 
under section 18(e) of the Act that the State plan or any modification 
thereof, is in actual operation meeting the criteria

[[Page 18]]

and indices of section 18(c) of the Act and subpart B of this part so as 
to warrant the withdrawal of the application of discretionary Federal 
enforcement and standards authority from issues covered by the plan, or 
by any modification thereof.
    Assistant Regional Director means the Assistant Regional Director 
for Occupational Safety and Health for the region in which a State is 
located.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    Commencement of a case under section 18(e) of the Act means, for the 
purpose of retaining Federal jurisdiction despite an affirmative 18(e) 
determination, the issuance of a citation, and in the case of an 
imminent danger, the initiation of enforcement proceedings under section 
13 of the Act.
    Commencement of plan operations means the beginning of operations 
under a plan following the approval of the plan by the Assistant 
Secretary and in no case may be later than the effective date of the 
initial funding grant provided under section 23(g) of the Act.
    Development step includes, but is not limited to, those items listed 
in the published developmental schedule, or any revisions thereof, for 
each plan contained in 29 CFR part 1952. A developmental step also 
includes those items specified in the plan as approved under section 
18(c) of the Act for completion by the State, as well as those items 
which under the approval decision were subject to evaluations. (See 
e.g., approval of Colorado and Michigan plans, 38 FR 25172, 38 FR 27388, 
respectively), and changes deemed necessary as a result thereof to make 
the State program at least as effective as the Federal program within 
the 3 years developmental period. (See 29 CFR 1953.10(a)).
    Initial approval means approval of a State plan, or any modification 
thereof, under section 18(c) of the Act and subpart C of this part.
    Person means any individual, partnership, association, corporation, 
business trust, legal representative, organized group of individuals, or 
any agency, authority or instrumentality of the United States or of a 
State.
    Separable portion of a plan for purposes of an 18(e) determination 
generally means more than one industrial, occupational or hazard 
grouping as defined in Sec. 1902.2(c)(1) which is administratively 
practicable and reasonably separable from the remainder of the plan. 
(See 29 CFR 1952.6(a).)



Sec. 1902.32  General policies.

    (a) Sections 18 (e) and (f) of the Act provide for the continuing 
evaluation and monitoring of State plans approved under section 18(c) of 
the Act. The Assistant Secretary's decision whether to grant an 
affirmative 18(e) determination will be based, in part, on the results 
of these evaluations. Section 18(e) provides that a period of not less 
than 3 years shall have passed before the Assistant Secretary may make a 
determination that the State program in actual operations is applying 
the criteria of section 18(c) of the Act. In the case of a developmental 
plan, Sec. 1902.2(b) of this part requires that the Assistant Secretary 
must have at least one year in which to evaluate the plan's actual 
operations following the completion of all developmental steps specified 
in the plan. Thus, to be considered for an 18(e) determination, at least 
three years shall have passed following commencement of operations after 
the initial approval of a State's occupational safety and health plan by 
the Assistant Secretary. In the case of a developmental plan, at least 
one year shall have passed following the completion of all developmental 
steps, but, in any event, at least three years must have passed 
following initial approval of the plan before discretionary Federal 
enforcement authority and standards may be withdrawn from issues covered 
by an approved plan.
    (b) In making an 18(e) determination, the Assistant Secretary will 
determine if actual operations under a State's plan, or under a 
separable portion of the plan, indicate that the State is applying the 
criteria of section 18(c) of the Act and the indices of effectiveness of 
subpart B of this part in a manner which renders operations under the 
plan ``at least as effective as'' operations under the Federal program 
in providing safe and healthful employment and places of employment 
within

[[Page 19]]

the State. In making this determination, the Assistant Secretary may 
consider such information which he deems appropriate for an informed 
decision.
    (c) If the Assistant Secretary makes an affirmative 18(e) 
determination, the Federal enforcement provisions of sections 5(a) (2), 
8 (except for the purposes of continuing evaluations under section 18(f) 
of the Act), 9, 10, 13 and 17 and standards promulgated under section 6 
of the Act shall not apply with respect to those occupational safety and 
health issues covered under the plan which have been given an 
affirmative 18(e) determination. However, the Assistant Secretary may 
retain jurisdiction over proceedings commenced under sections 9, 10 and 
13 of the Act before the date of his determination. In addition, the 
Assistant Secretary shall retain his jurisdiction under the anti-
discrimination provisions of section 11(c) of the Act.
    (d) If the Assistant Secretary determines that a State plan, or any 
portion thereof, has not met the criteria for an 18(e) determination, he 
shall retain his authority under the enforcement provisions of sections 
5(a) (2), 8, 9, 10, 13, and 17 and his standards authority under section 
6 of the Act in the issues found ineligible for an 18(e) determination. 
In addition, his decision may result in the commencement of proceedings 
for withdrawal of approval of the plan, or any separable portion 
thereof, under 29 CFR part 1955.
    (e) Once a State's plan, or any modification thereof, has been given 
an affirmative 18(e) determination, the State is required to maintain a 
program which will meet the requirements of section 18 (c) and will 
continue to be ``at least as effective as'' the Federal program 
operations in the issues covered by the determination. As the Federal 
program changes and thereby becomes more effective, the State is 
correspondingly required to adjust its program at a level which would 
provide a program for workplace safety and health which would be ``at 
least as effective as'' the improvements in the Federal program. A 
failure to comply with this requirement may result in the revocation of 
the affirmative 18(e) determination and the resumption of Federal 
enforcement and standards authority and/or in the commencement of 
proceedings for the withdrawal of approval of the plan, or any portion 
thereof, pursuant to 29 CFR part 1955.
    (f) The Assistant Secretary may reconsider and, if necessary, 
rescind or revoke all or a separable portion of an affirmative 18(e) 
determination and reinstate concurrent Federal enforcement authority if 
he finds that a State does not maintain its commitment to provide a 
program for employee safety and health protection meeting the 
requirements of section 18(c) of the Act. This authority is designed to 
be used in instances where operations under a State program are found to 
be less effective than under the Federal program because of unusual 
circumstances which are temporary in nature. The Assistant Secretary may 
also use this procedure to reinstate Federal enforcement authority in 
conjunction with plan withdrawal proceedings in order to ensure that 
there is no serious gap in his commitment to assure safe and healthful 
working conditions so far as possible for every employee.

            Completion of Developmental Steps--Certification



Sec. 1902.33  Developmental period.

    Upon the commencement of plan operations after the initial approval 
of a State's plan by the Assistant Secretary, a State has three years in 
which to complete all of the developmental steps specified in the plan 
as approved. Section 1953.11 of this chapter sets forth the procedures 
for the submission and consideration of developmental changes by the 
Assistant Secretary. Generally, whenever a State completes a 
developmental step, it must submit the resulting change as a supplement 
to its plan together with relevant documentation to the Assistant 
Secretary for his approval. The Assistant Secretary's approval of such 
changes is then published in the Federal Register and the pertinent 
subparts of part 1952 of this chapter are amended to reflect the 
completion of a developmental step.

[[Page 20]]



Sec. 1902.34  Certification of completion of developmental steps.

    (a) Upon the completion of all of the developmental steps in a 
State's plan, which is to be accomplished not later than three years 
following commencement of plan operations after approval of the plan by 
the Assistant Secretary under section 18(c), the Assistant Regional 
Director shall certify, as provided in paragraph (b) of this section, 
that all developmental steps in the plan have been met and that the 
State's program is to be evaluated on the basis of its eligibility for 
an 18(e) determination after at least one year of evaluations of the 
plan.
    (b) Upon determining that a State has completed all of its 
developmental steps, the Assistant Regional Director shall prepare a 
certification which he shall promptly forward to the Assistant 
Secretary. The certification shall include, but shall not be limited to, 
the following;
    (1) A list of all developmental steps or revisions thereof, plan 
amendments or changes which result in the completion of the steps or 
revisions thereof, and the dates the Assistant Secretary's or the 
Assistant Regional Director's approval of each change was published in 
the Federal Register;
    (2) Substantive changes, if any, in the State program which were 
approved by the Assistant Secretary and their dates of publication in 
the Federal Register;
    (3) Documentation that the legal basis for the applicable State 
merit system has been approved by the U.S. Civil Service Commission and 
that the actual operations of the State merit system has been found 
acceptable by the Occupational Safety and Health Administration with the 
advice of the U.S. Civil Service Commission; and
    (4) A description of the issues which are covered by the State plan. 
Where applicable, the certification shall include a description of those 
separable portions of the plan which have been certified for 18(e) 
evaluation purposes as well as those portions of the plan which were not 
certified by the Assistant Regional Director.
    (c) After a review of the certification and the State's plan, if the 
Assistant Secretary finds that the State has completed all the 
developmental steps specified in the plan, he shall publish the 
certification in the Federal Register and amend the appropriate subpart 
of part 1952 of this chapter to reflect this finding.



Sec. 1902.35  Effect of certification.

    Publication of the certification acknowledging the completion of all 
of the developmental steps in a State's plan will automatically initiate 
the evaluation of a State's plan for the purposes of an 18(e) 
determination. Evaluation for the purposes of an 18(e) determination 
will continue for at least one year after the publication of the 
certification in the Federal Register. Federal enforcement authority 
under sections 5(a)(2), 8, 9, 10, 11(c), 13, and 17 of the Act and 
Federal standards authority under section 6 of the Act will not be 
relinquished during the evaluation period. Evaluation conducted for 
18(e) determination purposes will be based on the criteria set forth in 
Secs. 1902.37 and 1902.38.

                     Basis for 18(e) Determinations



Sec. 1902.36  General provisions.

    (a) In making his evaluation of the actual operations of a State's 
plan for the purposes of an 18(e) determination, the Assistant Secretary 
shall consider all relevant data which will aid him in making an 
effective determination. In his evaluation he shall consider whether the 
requirements of section 18(c) of the Act and the criteria for State 
plans outlined in subpart B of this part as well as those in 
Sec. 1902.37 are being applied in actual operations for a reasonable 
period of time in a manner which warrants the termination of concurrent 
Federal enforcement authority and standards in issues covered under the 
plan.
    (b) The Assistant Secretary's evaluation for an 18(e) determination 
will be addressed to consideration of whether the criteria and indices 
in Sec. 1902.37(a) are being applied by the State in such a manner as to 
render its program in operation at least as effective as operations 
under the Federal program. In considering the question of such 
application, the Assistant Secretary shall also consider the factors 
provided

[[Page 21]]

under Sec. 1902.37(b). The Assistant Secretary's evaluation may include 
such other information on the application of the criteria and indices in 
Sec. 1902.37 such as information developed from comments received from 
the public and the results of any hearings which may have been held 
under Sec. 1902.40 concerning the proposed 18(e) determination.



Sec. 1902.37  Factors for determination.

    (a) The Assistant Secretary shall determine if the State has applied 
and implemented all the specific criteria and indices of effectiveness 
of Secs. 1902.3 and 1902.4 of this part.
    (b) In determining whether a State has applied the criteria and 
indices of effectiveness in paragraph (a) of this section in actual 
operations, the Assistant Secretary will, among other things related to 
the application of the criteria and indices, consider whether:
    (1) The State has a sufficient number of adequately trained and 
competent personnel to discharge its responsibilities under the plan.
    (2) The State has adhered to the procedures which it has adopted and 
which have been approved either under the State plan or in State plan 
changes or under any other procedures for approval authorized by the 
Assistant Secretary.
    (3) The State has timely adopted all Federal standards, and 
amendments thereto, for issues covered under the plan or has timely 
developed and promulgated standards which are at least as effective as 
the comparable Federal standards and amendments thereto.
    (4) If the State has adopted Federal standards, the State's 
interpretation and application of such standards have been consistent 
with the applicable Federal interpretation and application. Where the 
State has developed and promulgated its own standards, such standards 
have been interpreted and applied in a manner which is at least as 
effective as the interpretation and application of comparable Federal 
standards. This requirement acknowledges that State standards may have 
been approved by the Assistant Regional Director, but emphasizes the 
requirement that the standards are to be at least as effective as the 
comparable Federal standards in actual operations.
    (5) If any State standard, whether it is an adopted Federal standard 
or a standard developed by a State, has been subject to administrative 
or judicial challenge, the State has taken the necessary administrative, 
judicial or legislative action to correct any deficiencies in its 
program resulting from such challenge.
    (6) In granting permanent variances from a standard the State has 
assured that the employer provides conditions of employment which are as 
safe and healthful as those which would prevail if he complied with the 
standard.
    (7) In granting temporary variances from a standard, the State has 
ensured that the recipient of the variance has come into compliance with 
the standard as early as possible.
    (8) The State inspection program is being implemented in a manner 
which allows a sufficient allocation of resources to be directed toward 
target industries and target health hazards as designated by the State 
while providing adequate attention to all other workplaces covered under 
the plan, or any modification thereof.
    (9) The State exercises the authority through appropriate means, to 
enforce its right of entry and inspection wherever such right of entry 
or inspection is refused.
    (10) Inspections of workplaces are conducted by State inspectors in 
a competent manner, following approved enforcement procedures. This 
includes a requirement that the inspectors obtain adequate information 
to support any citations which may be issued.
    (11) The State issues citations, proposed penalties and notices for 
failure to abate in a timely manner.
    (12) The State proposes penalties in a manner at least as effective 
as under the Federal program, including the proposing of penalties for 
first instance violations and the consideration of factors comparable to 
those required to be considered under the Federal program.
    (13) The State ensures the abatement of hazards for which a citation 
has been issued, including the issuance of notices of failure to abate 
and appropriate penalties.
    (14) Wherever appropriate, the State agency has sought 
administrative and

[[Page 22]]

judicial review of adverse adjudications. This factor also addresses 
whether the State has taken the appropriate and necessary 
administrative, legislative or judicial action to correct any 
deficiencies in its enforcement program resulting from an adverse 
administrative or judicial determination.
    (15) Insofar as it is available, analysis of the annual occupational 
safety and health survey by the Bureau of Labor Statistics, as well as 
of other available Federal and State measurements of program impact on 
worker safety and health, which analysis also takes into consideration 
various local factors, indicates that trends in worker safety and health 
injury and illness rates under the State program compare favorably to 
those under the Federal program.

[40 FR 54782, Nov. 26, 1975; 40 FR 58143, Dec. 15, 1975]

                   Procedures for 18(e) Determination



Sec. 1902.38  Evaluation of plan following certification.

    (a) Following the publication in the Federal Register under 
Sec. 1902.34 of the certification acknowledging the completion of all 
developmental steps specified in the plan, or any portion thereof, the 
Assistant Secretary will evaluate and monitor the actual operations 
under the State plan for at least 1 year before determining whether the 
State is eligible for an 18(e) determination. The evaluation will assess 
the actual operation of the State's fully implemented program in 
accordance with the criteria in Sec. 1902.37 and take into account any 
information available to the Assistant Secretary affecting the State's 
program.
    (b) The Assistant Regional Director shall prepare a semi-annual 
report of his evaluation of the actual operations under the State plan 
or any portion thereof in narrative form. The Assistant Regional 
Director's evaluation report will be transmitted to the Assistant 
Secretary who will then transmit the report to the State. The State 
shall be afforded an opportunity to respond to each evaluation report.

[40 FR 54782, Nov. 26, 1975, as amended at 42 FR 58746, Nov. 11, 1977]



Sec. 1902.39  Completion of evaluation.

    (a) After evaluating the actual operations of the State plan, or any 
portion thereof, for at least 1 year following publication of the 
certification in the Federal Register under Sec. 1902.34, the Assistant 
Secretary shall notify the State whenever he determines that the State 
will be eligible for an 18(e) determination. In addition, a State may 
request an 18(e) determination following the evaluation period noted 
above. In no case shall this determination of eligibility be later than 
2 years following the publication of the certification of the completion 
of developmental steps in the Federal Register under Sec. 1902.34. In 
the case of a plan which was not developmental, the determination of 
eligibility shall not be sooner than 3 years following the date of 
commencement of operations under the plan.
    (b) After it has been determined that a State will be eligible for 
an 18(e) determination, the Assistant Regional Director shall prepare a 
final report of his evaluation of the actual operations under a State's 
plan or portion thereof which may be subject to the 18(e) determination. 
The Assistant Regional Director's report shall be transmitted to the 
Assistant Secretary. The Assistant Secretary shall transmit such report 
to the State and the State shall have an opportunity to respond to the 
report.
    (c) Whenever it has been determined that a State's plan, or 
separable portion thereof, is eligible for an 18(e) determination, the 
Assistant Secretary shall publish a notice in the Federal Register. The 
notice shall meet the requirements of the remaining paragraphs of this 
section. No later than 10 days following the publication of the notice 
in the Federal Register, the affected State agency shall publish, or 
cause to be published, within the State, reasonable notice containing 
the same information.
    (d) The notice shall indicate that the plan, or any separable 
portion thereof, is in issue before the Assistant Secretary for a 
determination as to whether the criteria in section 18(c) of the Act are 
being applied in actual operation, and indicate the particular 
substantive issues, if any, for consideration in making such 
determination.

[[Page 23]]

Where a portion of a plan is in issue for such a determination, the 
notice shall specify such portions of the plan as well as those portions 
of the plan which are not in issue for the determination.
    (e) The notice shall afford interested persons an opportunity to 
submit in writing, data, views, and arguments on the proposed 18(e) 
determination, and the affected State an opportunity to respond to such 
submissions.
    (f) The notice shall also state that any interested person or the 
affected State may request an informal hearing concerning the proposed 
18(e) determination whenever particularized written objections thereto 
are filed within 35 days following publication of the notice in the 
Federal Register.
    (g) If the Assistant Secretary finds that substantial objections are 
filed which relate to the proposed 18(e) determination, the Assistant 
Secretary shall, and in any other case may, publish a notice of informal 
hearing in the Federal Register not later than 30 days after the last 
day for filing written views or comments. The notice shall include:
    (1) A statement of the time, place and nature of the proceeding;
    (2) A specification of the substantial issues which have been raised 
and on which an informal hearing has been requested;
    (3) The requirement for the filing of an intention to appear at the 
hearing, together with a statement of the position to be taken with 
regard to the issues specified, and of the evidence to be adduced in 
support of the position;
    (4) The designation of a presiding officer to conduct the hearing; 
and
    (5) Any other appropriate provisions with regard to the proceeding.
    (h) Not later than 10 days following the publication of the notice 
in the Federal Register, required by paragraph (g) of this section, the 
affected agency shall publish, or cause to be published, within the 
State reasonable notice containing the same information.

    Effective Date Note: At 43 FR 11196, Mar. 17, 1978, Sec. 1902.39(a) 
was suspended indefinitely, effective January 20, 1978.



Sec. 1902.40  Informal hearing.

    (a) Any hearing conducted under this section shall be legislative in 
type. However, fairness may require an opportunity for cross-examination 
on pertinent issues. The presiding officer is empowered to permit cross-
examination under such circumstances. The essential intent is to provide 
an opportunity for participation and comment by interested persons which 
can be carried out expeditiously and without rigid procedures which 
might unduly impede or protract the 18(e) determination process.
    (b) Although the hearing shall be informal and legislative in type, 
this section is intended to provide more than the bare essentials of 
informal proceedings under 5 U.S.C. 553. The additional requirements are 
the following:
    (1) The presiding officer shall be a hearing examiner appointed 
under 5 U.S.C. 3105.
    (2) The presiding officer shall provide an opportunity for cross-
examination on pertinent issues.
    (3) The hearing shall be reported verbatim, and a transcript shall 
be available to any interested person on such terms as the presiding 
officer may provide.
    (c) The officer presiding at a hearing shall have all the power 
necessary or appropriate to conduct a fair and full hearing, including 
the powers:
    (1) To regulate the course of the proceedings;
    (2) To dispose of procedural requests, objections, and comparable 
matters;
    (3) To confine the presentation to the issues specified in the 
notice of hearing, or, where appropriate, to matters pertinent to the 
issue before the Assistant Secretary;
    (4) To regulate the conduct of those present at the hearing by 
appropriate means;
    (5) To take official notice of material facts not appearing in the 
evidence in the record, as long as the parties are afforded an 
opportunity to show evidence to the contrary;
    (6) In his discretion, to keep the record open for a reasonable and 
specified time to receive additional written recommendations with 
supporting reasons and any additional data, views,

[[Page 24]]

and arguments from any person who has participated in the oral 
proceeding.
    (d) Upon the completion of the oral presentations, the transcripts 
thereof, together with written submissions on the proceedings, exhibits 
filed during the hearing, and all posthearing comments, recommendations, 
and supporting reasons shall be certified by the officer presiding at 
the hearing to the Assistant Secretary.



Sec. 1902.41  Decision.

    (a) Within a reasonable time generally within 120 days after the 
expiration of the period provided for the submission of written data, 
views, and arguments on the issues on which no hearing is held, or 
within a reasonable time, generally not to exceed 120 days after the 
certification of the record of a hearing, the Assistant Secretary shall 
publish his decision in the Federal Register. His decision shall state 
whether or not an affirmative 18(e) determination has been made for the 
State plan or any separable portion thereof, or whether he intends to 
withdraw approval of the plan or any portion thereof pursuant to part 
1955 of this chapter. The action of the Assistant Secretary shall be 
taken after consideration of all information, including his evaluations 
of the actual operations of the plan, and information presented in 
written submissions and in any hearings held under this subpart.
    (b) Any decision under this section shall incorporate a concise 
statement of its grounds and purpose and shall respond to any 
substantial issues which may have been raised in written submissions or 
at the hearing.
    (c) All decisions resulting in an affirmative 18(e) determination 
shall contain provisions amending the appropriate subparts of part 1952 
of this chapter.
    (d) All decisions concerning the Assistant Secretary's determination 
under section 18(e) of the Act shall be published in the Federal 
Register.



Sec. 1902.42  Effect of affirmative 18(e) determination.

    (a) In making an affirmative 18(e) determination, the Assistant 
Secretary determines that a State has applied the provisions of its 
plan, or any modification thereof, in accordance with the criteria of 
section 18(c) of the Act and that the State has applied the provisions 
of this part in a manner which renders the actual operations of the 
State program ``at least as effective as'' operations under the Federal 
program.
    (b) In the case of an affirmative 18(e) determination of a separable 
portion(s) of a plan, the Assistant Secretary determines that the State 
has applied the separable portion(s) of the plan in accordance with the 
criteria of section 18(c) of the Act in a manner comparable to Federal 
operations covering such portions and that the criteria of this part are 
being applied in a manner which renders the actual operations of such 
separable portion(s) of the State program ``at least as effective as'' 
operations of such portions under the Federal program.
    (c) Upon making an affirmative 18(e) determination, the standards 
promulgated under section 6 of the Act and the enforcement provisions of 
section 5(a)(2), 8 (except for the purpose of continuing evaluations 
under section 18(f) of the Act), 9, 10, 13 and 17 of the Act shall not 
apply with respect to those occupational safety and health issues 
covered under the plan for which an affirmative 18(e) determination has 
been granted. The Assistant Secretary shall retain his authority under 
the above sections for those issues covered in the plan which have not 
been granted an affirmative 18(e) determination.
    (d) The Assistant Secretary will retain jurisdiction under the 
citation and contest provisions of sections 9 and 10 of the Act and the 
imminent-danger provisions of section 13 where such proceedings have 
been commenced prior to the date of his determination.



Sec. 1902.43  Affirmative 18(e) decision.

    (a) In publishing his affirmative 18(e) decision in the Federal 
Register the Assistant Secretary's notice shall include, but shall not 
be limited to the following:
    (1) Those issues under the plan over which the Assistant Secretary 
is withdrawing his standards and enforcement authority;
    (2) A statement that the Assistant Secretary retains his authority 
under

[[Page 25]]

section 11(c) of the Act with regard to complaints alleging 
discrimination against employees because of the exercise of any right 
afforded to the employee by the Act;
    (3) Amendments to the appropriate subpart of part 1952 of this 
chapter;
    (4) A statement that the Assistant Secretary is not precluded from 
revoking his determination and reinstating his standards and enforcement 
authority under Sec. 1902.47 et seq., if his continuing evaluations 
under section 18(f) of the Act show that the State has substantially 
failed to maintain a program which is at least as effective as 
operations under the Federal program, or if the State does not submit 
program change supplements to its plan to the Assistant Secretary as 
required by 29 CFR part 1953.



Sec. 1902.44  Requirements applicable to State plans granted affirmative 18(e) determinations.

    (a) A State whose plan, or modification thereof, has been granted an 
affirmative 18(e) determination will be required to maintain a program 
within the scope of such determination which will be ``at least as 
effective as'' operations under the Federal program in providing 
employee safety and health protection at covered workplaces within the 
comparable scope of the Federal program. This requirement includes 
submitting all required reports to the Assistant Secretary, as well as 
submitting supplements to the Assistant Secretary for his approval 
whenever there is a change in the State's program, whenever the results 
of evaluations conducted under section 18(f) show that some portion of a 
State plan has an adverse impact on the operations of the State plan or 
whenever the Assistant Secretary determines that any alteration in the 
Federal program could have an adverse impact on the ``at least as 
effective as'' status of the State program. See part 1953 of this 
chapter.
    (b) A substantial failure to comply with the requirements of this 
section may result in the revocation of the affirmative 18(e) 
determination and the resumption of Federal enforcement authority, and 
may also result in proceedings for the withdrawal of approval of the 
plan or any portion thereof pursuant to part 1955 of this chapter.



Sec. 1902.45  [Reserved]



Sec. 1902.46  Negative 18(e) determination.

    (a) This section sets out the procedures which shall be followed 
whenever the Assistant Secretary determines that a State's plan, or any 
separate portion thereof, has not met the criteria for an affirmative 
18(e) determination.
    (b) If the Assistant Secretary determines that a State plan, or a 
separable portion thereof, has not met the criteria of section 18(c) of 
the Act and that actual operations under the plan, or portion thereof, 
have not met the criteria for an affirmative determination set forth in 
Sec. 1902.37, he shall retain his standards authority under section 6 of 
the Act and his enforcement authority under sections 5(a)(2), 8, 9, 10, 
13, and 17 of the Act for those issues covered under the plan or such 
portions of the plan which were subject to his negative determination.
    (c) A decision under this section may result in the commencement of 
proceedings for withdrawal of approval of the plan or any separable 
portion thereof pursuant to part 1955 of this chapter.
    (d) Where the Assistant Secretary determines that operations under a 
State plan or any separable portion thereof have not met the criteria 
for an affirmative 18(e) determination, but are not of such a nature as 
to warrant the initiation of withdrawal proceedings, the Assistant 
Secretary may, at his discretion, afford the State a reasonable time to 
meet the criteria for an affirmative 18(e) determination after which 
time he may initiate proceedings for withdrawal of plan approval. This 
discretionary authority will be applied in the following manner:
    (1) Upon determining that a State shall be subject to a final 18(e) 
determination, the Assistant Secretary shall notify the agency 
designated by the State to administer its program, within the State of 
his decision that the State's program, or a separable portion thereof, 
shall be subject to a final 18(e) determination. The Assistant Secretary 
shall give the State a

[[Page 26]]

reasonable time, generally not less than 1 year, in which to meet the 
criteria for an affirmative 18(e) determination.
    (2) The Assistant Secretary shall also publish a notice in the 
Federal Register outlining his reasons for not making an affirmative 
18(e) determination at the time. The notice will also set forth the 
reasonable time the State was granted to meet the criteria for an 
affirmative 18(e) determination and set forth such conditions as the 
Assistant Secretary deems proper for the continuation of the State's 
plan or such portions subject to this action.
    (3) The State shall be afforded an opportunity to agree to the 
conditions of the Assistant Secretary's decision.
    (4) Upon the expiration of the time granted to a State to meet the 
criteria for an affirmative 18(e) determination under paragraph (d)(2) 
of this section, the Assistant Secretary may initiate proceedings to 
determine whether a State shall be granted an affirmative 18(e) 
determination. The procedures outlined in this subpart shall be 
applicable to any proceedings initiated under this paragraph.

  Procedure for Reconsideration and Revocation of an Affirmative 18(e) 
                              Determination



Sec. 1902.47  Reconsideration of an affirmative 18(e) determination.

    (a) The Assistant Secretary may at any time reconsider on his own 
initiative or on petition of an interested person his decision granting 
an affirmative 18(e) determination.
    (b) Such reconsideration shall be based on results of his continuing 
evaluation of a State plan after it has been granted an affirmative 
18(e) determination.



Sec. 1902.48  The proceeding.

    Whenever, as a result of his reconsideration, the Assistant 
Secretary proposes to revoke his affirmative 18(e) determination, he 
shall follow the procedures in the remaining sections of this subpart.



Sec. 1902.49  General notice.

    (a) Whenever the Assistant Secretary proposes to revoke an 
affirmative 18(e) determination, he shall publish a notice in the 
Federal Register meeting the requirements of the remaining paragraphs of 
this section. No later than 10 days following the publication of the 
notice in the Federal Register, the affected State agency shall publish, 
or cause to be published, reasonable notice within the State containing 
the same information.
    (b) The notice shall indicate the reasons for the proposed action.
    (c) The notice shall afford interested persons including the 
affected State, an opportunity to submit in writing, data, views, and 
arguments on the proposal within 35 days after publication of the notice 
in the Federal Register. The notice shall also provide that any 
interested person may request an informal hearing concerning the 
proposed revocation whenever particularized written objections thereto 
are filed within 35 days following publication of the notice in the 
Federal Register. If the Assistant Secretary finds that substantial 
objections have been filed, he shall afford an informal hearing on the 
proposed revocation under Sec. 1902.50.
    (d) The Assistant Secretary may, upon his own initiative, give 
notice of an informal hearing affording an opportunity for oral comments 
concerning the proposed revocation.



Sec. 1902.50  Informal hearing.

    Any informal hearing shall be legislative in type. The rules of 
procedure for each hearing shall be those contained in Sec. 1902.40 and 
will be published with the notice thereof.



Sec. 1902.51  Certification of the records of a hearing.

    Upon completion of an informal hearing, the transcript thereof, 
together with written submissions, exhibits filed during the hearing, 
and any post-hearing presentations shall be certified by the officer 
presiding at the hearing to the Assistant Secretary.



Sec. 1902.52  Decision.

    (a) After consideration of all relevant information which has been 
presented, the Assistant Secretary shall issue a decision on the 
continuation or revocation of the affirmative 18(e) determination.

[[Page 27]]

    (b) The decision revoking the determination shall also reflect the 
Assistant Secretary's determination that concurrent Federal enforcement 
and standards authority will be reinstated within the State for a 
reasonable time until he has withdrawn his approval of the plan, or any 
separable portion thereof, pursuant to part 1955 of this chapter or he 
has determined that the State has met the criteria for an 18(e) 
determination pursuant to the applicable procedures of this subpart.



Sec. 1902.53  Publication of decisions.

    All decisions on the reconsideration of an affirmative 18(e) 
determination shall be published in the Federal Register.



PART 1903--INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents




Sec.
1903.1  Purpose and scope.
1903.2  Posting of notice; availability of the Act, regulations and 
          applicable standards.
1903.3  Authority for inspection.
1903.4  Objection to inspection.
1903.5  Entry not a waiver.
1903.6  Advance notice of inspections.
1903.7  Conduct of inspections.
1903.8  Representatives of employers and employees.
1903.9  Trade secrets.
1903.10  Consultation with employees.
1903.11  Complaints by employees.
1903.12  Inspection not warranted; informal review.
1903.13  Imminent danger.
1903.14  Citations; notices of de minimis violations; policy regarding 
          employee rescue activities.
1903.14a  Petitions for modification of abatement date.
1903.15  Proposed penalties.
1903.16  Posting of citations.
1903.17  Employer and employee contests before the Review Commission.
1903.18  Failure to correct a violation for which a citation has been 
          issued.
1903.19  Abatement verification.
1903.20  Informal conferences.
1903.21  State administration.
1903.22  Definitions.

    Authority: Sections 8 and 9 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; Secretary of Labor's 
Order No. 1-90 (55 FR 9033) or 6-96 (62 FR 111), as applicable.
    Section 1903.7 also issued under 5 U.S.C. 553.

    Source: 36 FR 17850, Sept. 4, 1971, unless otherwise noted.



Sec. 1903.1  Purpose and scope.

    The Williams-Steiger Occupational Safety and Health Act of 1970 (84 
Stat. 1590 et seq., 29 U.S.C. 651 et seq.) requires, in part, that every 
employer covered under the Act furnish to his employees employment and a 
place of employment which are free from recognized hazards that are 
causing or are likely to cause death or serious physical harm to his 
employees. The Act also requires that employers comply with occupational 
safety and health standards promulgated under the Act, and that 
employees comply with standards, rules, regulations and orders issued 
under the Act which are applicable to their own actions and conduct. The 
Act authorizes the Department of Labor to conduct inspections, and to 
issue citations and proposed penalties for alleged violations. The Act, 
under section 20(b), also authorizes the Secretary of Health, Education, 
and Welfare to conduct inspections and to question employers and 
employees in connection with research and other related activities. The 
Act contains provisions for adjudication of violations, periods 
prescribed for the abatement of violations, and proposed penalties by 
the Occupational Safety and Health Review Commission, if contested by an 
employer or by an employee or authorized representative of employees, 
and for judicial review. The purpose of this part 1903 is to prescribe 
rules and to set forth general policies for enforcement of the 
inspection, citation, and proposed penalty provisions of the Act. In 
situations where this part 1903 sets forth general enforcement policies 
rather than substantive or procedural rules, such policies may be 
modified in specific circumstances where the Secretary or his designee 
determines that an alternative course of action would better serve the 
objectives of the Act.



Sec. 1903.2  Posting of notice; availability of the Act, regulations and applicable standards.

    (a)(1) Each employer shall post and keep posted a notice or notices, 
to be

[[Page 28]]

furnished by the Occupational Safety and Health Administration, U.S. 
Department of Labor, informing employees of the protections and 
obligations provided for in the Act, and that for assistance and 
information, including copies of the Act and of specific safety and 
health standards, employees should contact the employer or the nearest 
office of the Department of Labor. Such notice or notices shall be 
posted by the employer in each establishment in a conspicuous place or 
places where notices to employees are customarily posted. Each employer 
shall take steps to insure that such notices are not altered, defaced, 
or covered by other material.
    (2) Where a State has an approved poster informing employees of 
their protections and obligations as defined in Sec. 1952.10 of this 
chapter, such poster, when posted by employers covered by the State 
plan, shall constitute compliance with the posting requirements of 
section 8(c)(1) of the Act. Employers whose operations are not within 
the issues covered by the State plan must comply with paragraph (a)(1) 
of this section.
    (3) Reproductions or facsimiles of such Federal or State posters 
shall constitute compliance with the posting requirements of section 
8(c)(1) of the Act where such reproductions or facsimiles are at least 
8\1/2\ inches by 14 inches, and the printing size is at least 10 pt. 
Whenever the size of the poster increases, the size of the print shall 
also increase accordingly. The caption or heading on the poster shall be 
in large type, generally not less than 36 pt.
    (b) Establishment means a single physical location where business is 
conducted or where services or industrial operations are performed. (For 
example: A factory, mill, store, hotel, restaurant, movie theatre, farm, 
ranch, bank, sales office, warehouse, or central administrative office.) 
Where distinctly separate activities are performed at a single physical 
location (such as contract construction activities from the same 
physical location as a lumber yard), each activity shall be treated as a 
separate physical establishment, and a separate notice or notices shall 
be posted in each such establishment, to the extent that such notices 
have been furnished by the Occupational Safety and Health 
Administration, U.S. Department of Labor. Where employers are engaged in 
activities which are physically dispersed, such as agriculture, 
construction, transportation, communications, and electric, gas and 
sanitary services, the notice or notices required by this section shall 
be posted at the location to which employees report each day. Where 
employees do not usually work at, or report to, a single establishment, 
such as longshoremen, traveling salesmen, technicians, engineers, etc., 
such notice or notices shall be posted at the location from which the 
employees operate to carry out their activities. In all cases, such 
notice or notices shall be posted in accordance with the requirements of 
paragraph (a) of this section.
    (c) Copies of the Act, all regulations published in this chapter and 
all applicable standards will be available at all Area Offices of the 
Occupational Safety and Health Administration, U.S. Department of Labor. 
If an employer has obtained copies of these materials, he shall make 
them available upon request to any employee or his authorized 
representative for review in the establishment where the employee is 
employed on the same day the request is made or at the earliest time 
mutually convenient to the employee or his authorized representative and 
the employer.
    (d) Any employer failing to comply with the provisions of this 
section shall be subject to citation and penalty in accordance with the 
provisions of section 17 of the Act.

[36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974]



Sec. 1903.3  Authority for inspection.

    (a) Compliance Safety and Health Officers of the Department of Labor 
are authorized to enter without delay and at reasonable times any 
factory, plant, establishment, construction site, or other area, 
workplace or environment where work is performed by an employee of an 
employer; to inspect and investigate during regular working hours and at 
other reasonable times, and within reasonable limits and in a

[[Page 29]]

reasonable manner, any such place of employment, and all pertinent 
conditions, structures, machines, apparatus, devices, equipment and 
materials therein; to question privately any employer, owner, operator, 
agent or employee; and to review records required by the Act and 
regulations published in this chapter, and other records which are 
directly related to the purpose of the inspection. Representatives of 
the Secretary of Health, Education, and Welfare are authorized to make 
inspections and to question employers and employees in order to carry 
out the functions of the Secretary of Health, Education, and Welfare 
under the Act. Inspections conducted by Department of Labor Compliance 
Safety and Health Officers and representatives of the Secretary of 
Health, Education, and Welfare under section 8 of the Act and pursuant 
to this part 1903 shall not affect the authority of any State to conduct 
inspections in accordance with agreements and plans under section 18 of 
the Act.
    (b) Prior to inspecting areas containing information which is 
classified by an agency of the United States Government in the interest 
of national security, Compliance Safety and Health Officers shall have 
obtained the appropriate security clearance.



Sec. 1903.4  Objection to inspection.

    (a) Upon a refusal to permit the Compliance Safety and Health 
Officer, in exercise of his official duties, to enter without delay and 
at reasonable times any place of employment or any place therein, to 
inspect, to review records, or to question any employer, owner, 
operator, agent, or employee, in accordance with Sec. 1903.3 or to 
permit a representative of employees to accompany the Compliance Safety 
and Health Officer during the physical inspection of any workplace in 
accordance with Sec. 1903.8, the Safety and Health Officer shall 
terminate the inspection or confine the inspection to other areas, 
conditions, structures, machines, apparatus, devices, equipment, 
materials, records, or interviews concerning which no objection is 
raised. The Compliance Safety and Health Officer shall endeavor to 
ascertain the reason for such refusal, and shall immediately report the 
refusal and the reason therefor to the Area Director. The Area Director 
shall consult with the Regional Solicitor, who shall take appropriate 
action, including compulsory process, if necessary.
    (b) Compulsory process shall be sought in advance of an attempted 
inspection or investigation if, in the judgment of the Area Director and 
the Regional Solicitor, circumstances exist which make such 
preinspection process desirable or necessary. Some examples of 
circumstances in which it may be desirable or necessary to seek 
compulsory process in advance of an attempt to inspect or investigate 
include (but are not limited to):
    (1) When the employer's past practice either implicitly or 
explicitly puts the Secretary on notice that a warrantless inspection 
will not be allowed;
    (2) When an inspection is scheduled far from the local office and 
procuring a warrant prior to leaving to conduct the inspection would 
avoid, in case of refusal of entry, the expenditure of significant time 
and resources to return to the office, obtain a warrant and return to 
the worksite;
    (3) When an inspection includes the use of special equipment or when 
the presence of an expert or experts is needed in order to properly 
conduct the inspection, and procuring a warrant prior to an attempt to 
inspect would alleviate the difficulties or costs encountered in 
coordinating the availability of such equipment or expert.
    (c) With the approval of the Regional Administrator and the Regional 
Solicitor, compulsory process may also be obtained by the Area Director 
or his designee.
    (d) For purposes of this section, the term compulsory process shall 
mean the institution of any appropriate action, including ex parte 
application for an inspection warrant or its equivalent. Ex parte 
inspection warrants shall be the preferred form of compulsory process in 
all circumstances where compulsory process is relied upon to seek entry 
to a workplace under this section.

[45 FR 65923, Oct. 3, 1980]

[[Page 30]]



Sec. 1903.5  Entry not a waiver.

    Any permission to enter, inspect, review records, or question any 
person, shal not imply or be conditioned upon a waiver of any cause of 
action, citation, or penalty under the Act. Compliance Safety and Health 
Officers are not authorized to grant any such waiver.



Sec. 1903.6  Advance notice of inspections.

    (a) Advance notice of inspections may not be given, except in the 
following situations:
    (1) In cases of apparent imminent danger, to enable the employer to 
abate the danger as quickly as possible;
    (2) In circumstances where the inspection can most effectively be 
conducted after regular business hours or where special preparations are 
necessary for an inspection;
    (3) Where necessary to assure the presence of representatives of the 
employer and employees or the appropriate personnel needed to aid in the 
inspection; and
    (4) In other circumstances where the Area Director determines that 
the giving of advance notice would enhance the probability of an 
effective and thorough inspection.
    (b) In the situations described in paragraph (a) of this section, 
advance notice of inspections may be given only if authorized by the 
Area Director, except that in cases of apparent imminent danger, advance 
notice may be given by the Compliance Safety and Health Officer without 
such authorization if the Area Director is not immediately available. 
When advance notice is given, it shall be the employer's responsibility 
promptly to notify the authorized representative of employees of the 
inspection, if the identity of such representative is known to the 
employer. (See Sec. 1903.8(b) as to situations where there is no 
authorized representative of employees.) Upon the request of the 
employer, the Compliance Safety and Health Officer will inform the 
authorized representative of employees of the inspection, provided that 
the employer furnishes the Compliance Safety and Health Officer with the 
identity of such representative and with such other information as is 
necessary to enable him promptly to inform such representative of the 
inspection. An employer who fails to comply with his obligation under 
this paragraph promptly to inform the authorized representative of 
employees of the inspection or to furnish such information as is 
necessary to enable the Compliance Safety and Health Officer promptly to 
inform such representative of the inspection, may be subject to citation 
and penalty under section 17(c) of the Act. Advance notice in any of the 
situations described in paragraph (a) of this section shall not be given 
more than 24 hours before the inspection is scheduled to be conducted, 
except in apparent imminent danger situations and in other unusual 
circumstances.
    (c) The Act provides in section 17(f) that any person who gives 
advance notice of any inspection to be conducted under the Act, without 
authority from the Secretary or his designees, shall, upon conviction, 
be punished by fine of not more than $1,000 or by imprisonment for not 
more than 6 months, or by both.



Sec. 1903.7  Conduct of inspections.

    (a) Subject to the provisions of Sec. 1903.3, inspections shall take 
place at such times and in such places of employment as the Area 
Director or the Compliance Safety and Health Officer may direct. At the 
beginning of an inspection, Compliance Safety and Health Officers shall 
present their credentials to the owner, operator, or agent in charge at 
the establishment; explain the nature and purpose of the inspection; and 
indicate generally the scope of the inspection and the records specified 
in Sec. 1903.3 which they wish to review. However, such designation of 
records shall not preclude access to additional records specified in 
Sec. 1903.3.
    (b) Compliance Safety and Health Officers shall have authority to 
take environmental samples and to take or obtain photographs related to 
the purpose of the inspection, employ other reasonable investigative 
techniques, and question privately any employer, owner, operator, agent 
or employee of an establishment. (See Sec. 1903.9 on trade secrets.) As 
used herein, the term employ other reasonable investigative techniques 
includes, but is not limited to, the use of devices to measure employee

[[Page 31]]

exposures and the attachment of personal sampling equipment such as 
dosimeters, pumps, badges and other similar devices to employees in 
order to monitor their exposures.
    (c) In taking photographs and samples, Compliance Safety and Health 
Officers shall take reasonable precautions to insure that such actions 
with flash, spark-producing, or other equipment would not be hazardous. 
Compliance Safety and Health Officers shall comply with all employer 
safety and health rules and practices at the establishment being 
inspected, and they shall wear and use appropriate protective clothing 
and equipment.
    (d) The conduct of inspections shall be such as to preclude 
unreasonable disruption of the operations of the employer's 
establishment.
    (e) At the conclusion of an inspection, the Compliance Safety and 
Health Officer shall confer with the employer or his representative and 
informally advise him of any apparent safety or health violations 
disclosed by the inspection. During such conference, the employer shall 
be afforded an opportunity to bring to the attention of the Compliance 
Safety and Health Officer any pertinent information regarding conditions 
in the workplace.
    (f) Inspections shall be conducted in accordance with the 
requirements of this part.

[36 FR 17850, Sept. 14, 1971, as amended at 47 FR 6533, Feb. 12, 1982; 
47 FR 55481, Dec. 10, 1982]



Sec. 1903.8  Representatives of employers and employees.

    (a) Compliance Safety and Health Officers shall be in charge of 
inspections and questioning of persons. A representative of the employer 
and a representative authorized by his employees shall be given an 
opportunity to accompany the Compliance Safety and Health Officer during 
the physical inspection of any workplace for the purpose of aiding such 
inspection. A Compliance Safety and Health Officer may permit additional 
employer representatives and additional representatives authorized by 
employees to accompany him where he determines that such additional 
representatives will further aid the inspection. A different employer 
and employee representative may accompany the Compliance Safety and 
Health Officer during each different phase of an inspection if this will 
not interfere with the conduct of the inspection.
    (b) Compliance Safety and Health Officers shall have authority to 
resolve all disputes as to who is the representative authorized by the 
employer and employees for the purpose of this section. If there is no 
authorized representative of employees, or if the Compliance Safety and 
Health Officer is unable to determine with reasonable certainty who is 
such representative, he shall consult with a reasonable number of 
employees concerning matters of safety and health in the workplace.
    (c) The representative(s) authorized by employees shall be an 
employee(s) of the employer. However, if in the judgment of the 
Compliance Safety and Health Officer, good cause has been shown why 
accompaniment by a third party who is not an employee of the employer 
(such as an industrial hygienist or a safety engineer) is reasonably 
necessary to the conduct of an effective and thorough physical 
inspection of the workplace, such third party may accompany the 
Compliance Safety and Health Officer during the inspection.
    (d) Compliance Safety and Health Officers are authorized to deny the 
right of accompaniment under this section to any person whose conduct 
interferes with a fair and orderly inspection. The right of 
accompaniment in areas containing trade secrets shall be subject to the 
provisions of Sec. 1903.9(d). With regard to information classified by 
an agency of the U.S. Government in the interest of national security, 
only persons authorized to have access to such information may accompany 
a Compliance Safety and Health Officer in areas containing such 
information.



Sec. 1903.9  Trade secrets.

    (a) Section 15 of the Act provides: ``All information reported to or 
otherwise obtained by the Secretary or his representative in connection 
with any inspection or proceeding under this Act which contains or which 
might reveal a trade secret referred to in section 1905 of title 18 of 
the United States Code

[[Page 32]]

shall be considered confidential for the purpose of that section, except 
that such information may be disclosed to other officers or employees 
concerned with carrying out this Act or when relevant in any proceeding 
under this Act. In any such proceeding the Secretary, the Commission, or 
the court shall issue such orders as may be appropriate to protect the 
confidentiality of trade secrets.'' Section 15 of the Act is considered 
a statute within the meaning of section 552(b)(3) of title 5 of the 
United States Code, which exempts from the disclosure requirements 
matters that are ``specifically exempted from disclosure by statute.''
    (b) Section 1905 of title 18 of the United States Code provides: 
``Whoever, being an officer or employee of the United States or of any 
department or agency thereof, publishes, divulges, discloses, or makes 
known in any manner or to any extent not authorized by law any 
information coming to him in the course of his employment or official 
duties or by reason of any examination or investigation made by, or 
return, report or record made to or filed with, such department or 
agency or officer or employee thereof, which information concerns or 
relates to the trade secrets, processes, operations, style of work, or 
apparatus, or to the identity, confidential statistical data, amount or 
source of any income, profits, losses, or expenditures of any person, 
firm, partnership, corporation, or association; or permits any income 
return or copy thereof or any book containing any abstract or 
particulars thereof to be seen or examined by any person except as 
provided by law; shall be fined not more than $1,000, or imprisoned not 
more than 1 year, or both; and shall be removed from office or 
employment.''
    (c) At the commencement of an inspection, the employer may identify 
areas in the establishment which contain or which might reveal a trade 
secret. If the Compliance Safety and Health Officer has no clear reason 
to question such identification, information obtained in such areas, 
including all negatives and prints of photographs, and environmental 
samples, shall be labeled ``confidential--trade secret'' and shall not 
be disclosed except in accordance with the provisions of section 15 of 
the Act.
    (d) Upon the request of an employer, any authorized representative 
of employees under Sec. 1903.8 in an area containing trade secrets shall 
be an employee in that area or an employee authorized by the employer to 
enter that area. Where there is no such representative or employee, the 
Compliance Safety and Health Officer shall consult with a reasonable 
number of employees who work in that area concerning matters of safety 
and health.



Sec. 1903.10  Consultation with employees.

    Compliance Safety and Health Officers may consult with employees 
concerning matters of occupational safety and health to the extent they 
deem necessary for the conduct of an effective and thorough inspection. 
During the course of an inspection, any employee shall be afforded an 
opportunity to bring any violation of the Act which he has reason to 
believe exists in the workplace to the attention of the Compliance 
Safety and Health Officer.



Sec. 1903.11  Complaints by employees.

    (a) Any employee or representative of employees who believe that a 
violation of the Act exists in any workplace where such employee is 
employed may request an inspection of such workplace by giving notice of 
the alleged violation to the Area Director or to a Compliance Safety and 
Health Officer. Any such notice shall be reduced to writing, shall set 
forth with reasonable particularity the grounds for the notice, and 
shall be signed by the employee or representative of employees. A copy 
shall be provided the employer or his agent by the Area Director or 
Compliance Safety and Health Officer no later than at the time of 
inspection, except that, upon the request of the person giving such 
notice, his name and the names of individual employees referred to 
therein shall not appear in such copy or on any record published, 
released, or made available by the Department of Labor.
    (b) If upon receipt of such notification the Area Director 
determines that the complaint meets the requirements set forth in 
paragraph (a) of this section, and that there are reasonable

[[Page 33]]

grounds to believe that the alleged violation exists, he shall cause an 
inspection to be made as soon as practicable, to determine if such 
alleged violation exists. Inspections under this section shall not be 
limited to matters referred to in the complaint.
    (c) Prior to or during any inspection of a workplace, any employee 
or representative of employees employed in such workplace may notify the 
Compliance Safety and Health Officer, in writing, of any violation of 
the Act which they have reason to believe exists in such workplace. Any 
such notice shall comply with the requirements of paragraph (a) of this 
section.
    (d) Section 11(c)(1) of the Act provides: ``No person shall 
discharge or in any manner discriminate against any employee because 
such employee has filed any complaint or instituted or caused to be 
instituted any proceeding under or related to this Act or has testified 
or is about to testify in any such proceeding or because of the exercise 
by such employee on behalf of himself or others of any right afforded by 
this Act.''

(Approved by the Office of Management and Budget under control number 
1218-0064)

[36 FR 17850, Sept. 4, 1973, as amended at 54 FR 24333, June 7, 1989]



Sec. 1903.12  Inspection not warranted; informal review.

    (a) If the Area Director determines that an inspection is not 
warranted because there are no reasonable grounds to believe that a 
violation or danger exists with respect to a complaint under 
Sec. 1903.11, he shall notify the complaining party in writing of such 
determination. The complaining party may obtain review of such 
determination by submitting a written statement of position with the 
Assistant Regional Director and, at the same time, providing the 
employer with a copy of such statement by certified mail. The employer 
may submit an opposing written statement of position with the Assistant 
Regional Director and, at the same time, provide the complaining party 
with a copy of such statement by certified mail. Upon the request of the 
complaining party or the employer, the Assistant Regional Director, at 
his discretion, may hold an informal conference in which the complaining 
party and the employer may orally present their views. After considering 
all written and oral views presented, the Assistant Regional Director 
shall affirm, modify, or reverse the determination of the Area Director 
and furnish the complaining party and the employer and written 
notification of this decision and the reasons therefor. The decision of 
the Assistant Regional Director shall be final and not subject to 
further review.
    (b) If the Area Director determines that an inspection is not 
warranted because the requirements of Sec. 1903.11(a) have not been met, 
he shall notify the complaining party in writing of such determination. 
Such determination shall be without prejudice to the filing of a new 
complaint meeting the requirements of Sec. 1903.11(a).



Sec. 1903.13  Imminent danger.

    Whenever and as soon as a Compliance Safety and Health Officer 
concludes on the basis of an inspection that conditions or practices 
exist in any place of employment which could reasonably be expected to 
cause death or serious physical harm immediately or before the imminence 
of such danger can be eliminated through the enforcement procedures 
otherwise provided by the Act, he shall inform the affected employees 
and employers of the danger and that he is recommending a civil action 
to restrain such conditions or practices and for other appropriate 
relief in accordance with the provisions of section 13(a) of the Act. 
Appropriate citations and notices of proposed penalties may be issued 
with respect to an imminent danger even though, after being informed of 
such danger by the Compliance Safety and Health Officer, the employer 
immediately eliminates the imminence of the danger and initiates steps 
to abate such danger.



Sec. 1903.14  Citations; notices of de minimis violations; policy regarding employee rescue activities.

    (a) The Area Director shall review the inspection report of the 
Compliance Safety and Health Officer. If, on the basis of the report the 
Area Director believes that the employer has violated a requirement of 
section 5 of the

[[Page 34]]

Act, of any standard, rule or order promulgated pursuant to section 6 of 
the Act, or of any substantive rule published in this chapter, he shall, 
if appropriate, consult with the Regional Solicitor, and he shall issue 
to the employer either a citation or a notice of de minimis violations 
which have no direct or immediate relationship to safety or health. An 
appropriate citation or notice of de minimis violations shall be issued 
even though after being informed of an alleged violation by the 
Compliance Safety and Health Officer, the employer immediately abates, 
or initiates steps to abate, such alleged violation. Any citation or 
notice of de minimis violations shall be issued with reasonable 
promptness after termination of the inspection. No citation may be 
issued under this section after the expiration of 6 months following the 
occurrence of any alleged violation.
    (b) Any citation shall describe with particularity the nature of the 
alleged violation, including a reference to the provision(s) of the Act, 
standard, rule, regulation, or order alleged to have been violated. Any 
citation shall also fix a reasonable time or times for the abatement of 
the alleged violation.
    (c) If a citation or notice of de minimis violations is issued for a 
violation alleged in a request for inspection under Sec. 1903.11(a) or a 
notification of violation under Sec. 1903.11(c), a copy of the citation 
or notice of de minimis violations shall also be sent to the employee or 
representative of employees who made such request or notification.
    (d) After an inspection, if the Area Director determines that a 
citation is not warranted with respect to a danger or violation alleged 
to exist in a request for inspection under Sec. 1903.11(a) or a 
notification of violation under Sec. 1903.11(c), the informal review 
procedures prescribed in Sec. 1903.12(a) shall be applicable. After 
considering all views presented, the Assistant Regional Director shall 
affirm the determination of the Area Director, order a reinspection, or 
issue a citation if he believes that the inspection disclosed a 
violation. The Assistant Regional Director shall furnish the complaining 
party and the employer with written notification of his determination 
and the reasons therefor. The determination of the Assistant Regional 
Director shall be final and not subject to review.
    (e) Every citation shall state that the issuance of a citation does 
not constitute a finding that a violation of the Act has occurred unless 
there is a failure to contest as provided for in the Act or, if 
contested, unless the citation is affirmed by the Review Commission.
    (f) No citation may be issued to an employer because of a rescue 
activity undertaken by an employee of that employer with respect to an 
individual in imminent danger unless:
    (1)(i) Such employee is designated or assigned by the employer to 
have responsibility to perform or assist in rescue operations, and
    (ii) The employer fails to provide protection of the safety and 
health of such employee, including failing to provide appropriate 
training and rescue equipment; or
    (2)(i) Such employee is directed by the employer to perform rescue 
activities in the course of carrying out the employee's job duties, and
    (ii) The employer fails to provide protection of the safety and 
health of such employee, including failing to provide appropriate 
training and rescue equipment; or
    (3)(i) Such employee is employed in a workplace that requires the 
employee to carry out duties that are directly related to a workplace 
operation where the likelihood of life-threatening accidents is 
foreseeable, such as a workplace operation where employees are located 
in confined spaces or trenches, handle hazardous waste, respond to 
emergency situations, perform excavations, or perform construction over 
water; and
    (ii) Such employee has not been designated or assigned to perform or 
assist in rescue operations and voluntarily elects to rescue such an 
individual; and
    (iii) The employer has failed to instruct employees not designated 
or assigned to perform or assist in rescue operations of the 
arrangements for rescue, not to attempt rescue, and of the hazards of 
attempting rescue without adequate training or equipment.
    (4) For purposes of this policy, the term ``imminent danger'' means 
the existence of any condition or practice

[[Page 35]]

that could reasonably be expected to cause death or serious physical 
harm before such condition or practice can be abated.

[36 FR 17850, Sept. 4, 1971, as amended at 59 FR 66613, Dec. 27, 1994]



Sec. 1903.14a  Petitions for modification of abatement date.

    (a) An employer may file a petition for modification of abatement 
date when he has made a good faith effort to comply with the abatement 
requirements of a citation, but such abatement has not been completed 
because of factors beyond his reasonable control.
    (b) A petition for modification of abatement date shall be in 
writing and shall include the following information:
    (1) All steps taken by the employer, and the dates of such action, 
in an effort to achieve compliance during the prescribed abatement 
period.
    (2) The specific additional abatement time necessary in order to 
achieve compliance.
    (3) The reasons such additional time is necessary, including the 
unavailability of professional or technical personnel or of materials 
and equipment, or because necessary construction or alteration of 
facilities cannot be completed by the original abatement date.
    (4) All available interim steps being taken to safeguard the 
employees against the cited hazard during the abatement period.
    (5) A certification that a copy of the petition has been posted and, 
if appropriate, served on the authorized representative of affected 
employees, in accordance with paragraph (c)(1) of this section and a 
certification of the date upon which such posting and service was made.
    (c) A petition for modification of abatement date shall be filed 
with the Area Director of the United States Department of Labor who 
issued the citation no later than the close of the next working day 
following the date on which abatement was originally required. A later-
filed petition shall be accompanied by the employer's statement of 
exceptional circumstances explaining the delay.
    (1) A copy of such petition shall be posted in a conspicuous place 
where all affected employees will have notice thereof or near such 
location where the violation occurred. The petition shall remain posted 
for a period of ten (10) working days. Where affected employees are 
represented by an authorized representative, said representative shall 
be served with a copy of such petition.
    (2) Affected employees or their representatives may file an 
objection in writing to such petition with the aforesaid Area Director. 
Failure to file such objection within ten (10) working days of the date 
of posting of such petition or of service upon an authorized 
representative shall constitute a waiver of any further right to object 
to said petition.
    (3) The Secretary or his duly authorized agent shall have the 
authority to approve any petition for modification of abatement date 
filed pursuant to paragraphs (b) and (c) of this section. Such 
uncontested petitions shall become final orders pursuant to sections 10 
(a) and (c) of the Act.
    (4) The Secretary or his authorized representative shall not 
exercise his approval power until the expiration of fifteen (15) working 
days from the date the petition was posted or served pursuant to 
paragraphs (c) (1) and (2) of this section by the employer.
    (d) Where any petition is objected to by the Secretary or affected 
employees, the petition, citation, and any objections shall be forwarded 
to the Commission within three (3) working days after the expiration of 
the fifteen (15) day period set out in paragraph (c)(4) of this section.

[40 FR 6334, Feb. 11, 1975; 40 FR 11351, Mar. 11, 1975]



Sec. 1903.15  Proposed penalties.

    (a) After, or concurrent with, the issuance of a citation, and 
within a reasonable time after the termination of the inspection, the 
Area Director shall notify the employer by certified mail or by personal 
service by the Compliance Safety and Health Officer of the proposed 
penalty under section 17 of the Act, or that no penalty is being 
proposed. Any notice of proposed penalty shall state that the proposed

[[Page 36]]

penalty shall be deemed to be the final order of the Review Commission 
and not subject to review by any court or agency unless, within 15 
working days from the date of receipt of such notice, the employer 
notifies the Area Director in writing that he intends to contest the 
citation or the notification of proposed penalty before the Review 
Commission.
    (b) The Area Director shall determine the amount of any proposed 
penalty, giving due consideration to the appropriateness of the penalty 
with respect to the size of the business of the employer being charged, 
the gravity of the violation, the good faith of the employer, and the 
history of previous violations, in accordance with the provisions of 
section 17 of the Act.
    (c) Appropriate penalties may be proposed with respect to an alleged 
violation even though after being informed of such alleged violation by 
the Compliance Safety and Health Officer, the employer immediately 
abates, or initiates steps to abate, such alleged violation. Penalties 
shall not be proposed for de minimis violations which have no direct or 
immediate relationship to safety or health.



Sec. 1903.16  Posting of citations.

    (a) Upon receipt of any citation under the Act, the employer shall 
immediately post such citation, or a copy thereof, unedited, at or near 
each place an alleged violation referred to in the citation occurred, 
except as provided below. Where, because of the nature of the employer's 
operations, it is not practicable to post the citation at or near each 
place of alleged violation, such citation shall be posted, unedited, in 
a prominent place where it will be readily observable by all affected 
employees. For example, where employers are engaged in activities which 
are physically dispersed (see Sec. 1903.2(b)), the citation may be 
posted at the location to which employees report each day. Where 
employees do not primarily work at or report to a single location (see 
Sec. 1903.2(b)), the citation may be posted at the location from which 
the employees operate to carry out their activities. The employer shall 
take steps to ensure that the citation is not altered, defaced, or 
covered by other material. Notices of de minimis violations need not be 
posted.
    (b) Each citation, or a copy thereof, shall remain posted until the 
violation has been abated, or for 3 working days, whichever is later. 
The filing by the employer of a notice of intention to contest under 
Sec. 1903.17 shall not affect his posting responsibility under this 
section unless and until the Review Commission issues a final order 
vacating the citation.
    (c) An employer to whom a citation has been issued may post a notice 
in the same location where such citation is posted indicating that the 
citation is being contested before the Review Commission, and such 
notice may explain the reasons for such contest. The employer may also 
indicate that specified steps have been taken to abate the violation.
    (d) Any employer failing to comply with the provisions of paragraphs 
(a) and (b) of this section shall be subject to citation and penalty in 
accordance with the provisions of section 17 of the Act.



Sec. 1903.17  Employer and employee contests before the Review Commission.

    (a) Any employer to whom a citation or notice of proposed penalty 
has been issued may, under section 10(a) of the Act, notify the Area 
Director in writing that he intends to contest such citation or proposed 
penalty before the Review Commission. Such notice of intention to 
contest shall be postmarked within 15 working days of the receipt by the 
employer of the notice of proposed penalty. Every notice of intention to 
contest shall specify whether it is directed to the citation or to the 
proposed penalty, or both. The Area Director shall immediately transmit 
such notice to the Review Commission in accordance with the rules of 
procedure prescribed by the Commission.
    (b) Any employee or representative of employees of an employer to 
whom a citation has been issued may, under section 10(c) of the Act, 
file a written notice with the Area Director alleging that the period of 
time fixed in the citation for the abatement of the violation is 
unreasonable. Such notice shall be postmarked within 15 working days

[[Page 37]]

of the receipt by the employer of the notice of proposed penalty or 
notice that no penalty is being proposed. The Area Director shall 
immediately transmit such notice to the Review Commission in accordance 
with the rules of procedure prescribed by the Commission.



Sec. 1903.18  Failure to correct a violation for which a citation has been issued.

    (a) If an inspection discloses that an employer has failed to 
correct an alleged violation for which a citation has been issued within 
the period permitted for its correction, the Area Director shall, if 
appropriate, consult with the Regional Solicitor, and he shall notify 
the employer by certified mail or by personal service by the Compliance 
Safety and Health Officer of such failure and of the additional penalty 
proposed under section 17(d) of the Act by reason of such failure. The 
period for the correction of a violation for which a citation has been 
issued shall not begin to run until the entry of a final order of the 
Review Commission in the case of any review proceedings initiated by the 
employer in good faith and not solely for delay or avoidance of 
penalties.
    (b) Any employer receiving a notification of failure to correct a 
violation and of proposed additional penalty may, under section 10(b) of 
the Act, notify the Area Director in writing that he intends to contest 
such notification or proposed additional penalty before the Review 
Commission. Such notice of intention to contest shall be postmarked 
within 15 working days of the receipt by the employer of the 
notification of failure to correct a violation and of proposed 
additional penalty. The Area Director shall immediately transmit such 
notice to the Review Commission in accordance with the rules of 
procedure prescribed by the Commission.
    (c) Each notification of failure to correct a violation and of 
proposed additional penalty shall state that it shall be deemed to be 
the final order of the Review Commission and not subject to review by 
any court or agency unless, within 15 working days from the date of 
receipt of such notification, the employer notifies the Area Director in 
writing that he intends to contest the notification or the proposed 
additional penalty before the Review Commission.



Sec. 1903.19  Abatement verification.

    Purpose. OSHA's inspections are intended to result in the abatement 
of violations of the Occupational Safety and Health Act of 1970 (the OSH 
Act). This section sets forth the procedures OSHA will use to ensure 
abatement. These procedures are tailored to the nature of the violation 
and the employer's abatement actions.
    (a) Scope and application. This section applies to employers who 
receive a citation for a violation of the Occupational Safety and Health 
Act.
    (b) Definitions. (1) Abatement means action by an employer to comply 
with a cited standard or regulation or to eliminate a recognized hazard 
identified by OSHA during an inspection.
    (2) Abatement date means:
    (i) For an uncontested citation item, the later of:
    (A) The date in the citation for abatement of the violation;
    (B) The date approved by OSHA or established in litigation as a 
result of a petition for modification of the abatement date (PMA); or
    (C) The date established in a citation by an informal settlement 
agreement.
    (ii) For a contested citation item for which the Occupational Safety 
and Health Review Commission (OSHRC) has issued a final order affirming 
the violation, the later of:
    (A) The date identified in the final order for abatement; or
    (B) The date computed by adding the period allowed in the citation 
for abatement to the final order date;
    (C) The date established by a formal settlement agreement.
    (3) Affected employees means those employees who are exposed to the 
hazard(s) identified as violation(s) in a citation.
    (4) Final order date means:
    (i) For an uncontested citation item, the fifteenth working day 
after the employer's receipt of the citation;
    (ii) For a contested citation item:

[[Page 38]]

    (A) The thirtieth day after the date on which a decision or order of 
a commission administrative law judge has been docketed with the 
commission, unless a member of the commission has directed review; or
    (B) Where review has been directed, the thirtieth day after the date 
on which the Commission issues its decision or order disposing of all or 
pertinent part of a case; or
    (C) The date on which a federal appeals court issues a decision 
affirming the violation in a case in which a final order of OSHRC has 
been stayed.
    (5) Movable equipment means a hand-held or non-hand-held machine or 
device, powered or unpowered, that is used to do work and is moved 
within or between worksites.
    (c) Abatement certification. (1) Within 10 calendar days after the 
abatement date, the employer must certify to OSHA (the Agency) that each 
cited violation has been abated, except as provided in paragraph (c)(2) 
of this section.
    (2) The employer is not required to certify abatement if the OSHA 
Compliance Officer, during the on-site portion of the inspection:
    (i) Observes, within 24 hours after a violation is identified, that 
abatement has occurred; and
    (ii) Notes in the citation that abatement has occurred.
    (3) The employer's certification that abatement is complete must 
include, for each cited violation, in addition to the information 
required by paragraph (h) of this section, the date and method of 
abatement and a statement that affected employees and their 
representatives have been informed of the abatement.

    Note to paragraph (c): Appendix A contains a sample Abatement 
Certification Letter.

    (d) Abatement documentation. (1) The employer must submit to the 
Agency, along with the information on abatement certification required 
by paragraph (c)(3) of this section, documents demonstrating that 
abatement is complete for each willful or repeat violation and for any 
serious violation for which the Agency indicates in the citation that 
such abatement documentation is required.
    (2) Documents demonstrating that abatement is complete may include, 
but are not limited to, evidence of the purchase or repair of equipment, 
photographic or video evidence of abatement, or other written records.
    (e) Abatement plans. (1) The Agency may require an employer to 
submit an abatement plan for each cited violation (except an other-than-
serious violation) when the time permitted for abatement is more than 90 
calendar days. If an abatement plan is required, the citation must so 
indicate.
    (2) The employer must submit an abatement plan for each cited 
violation within 25 calendar days from the final order date when the 
citation indicates that such a plan is required. The abatement plan must 
identify the violation and the steps to be taken to achieve abatement, 
including a schedule for completing abatement and, where necessary, how 
employees will be protected from exposure to the violative condition in 
the interim until abatement is complete.

    Note to paragraph (e): Appendix B contains a Sample Abatement Plan 
form.

    (f) Progress reports. (1) An employer who is required to submit an 
abatement plan may also be required to submit periodic progress reports 
for each cited violation. The citation must indicate:
    (i) That periodic progress reports are required and the citation 
items for which they are required;
    (ii) The date on which an initial progress report must be submitted, 
which may be no sooner than 30 calendar days after submission of an 
abatement plan;
    (iii) Whether additional progress reports are required; and
    (iv) The date(s) on which additional progress reports must be 
submitted.
    (2) For each violation, the progress report must identify, in a 
single sentence if possible, the action taken to achieve abatement and 
the date the action was taken.

    Note to paragraph (f): Appendix B contains a Sample Progress Report 
form.

    (g) Employee notification. (1) The employer must inform affected 
employees and their representative(s) about abatement activities covered 
by this

[[Page 39]]

section by posting a copy of each document submitted to the Agency or a 
summary of the document near the place where the violation occurred.
    (2) Where such posting does not effectively inform employees and 
their representatives about abatement activities (for example, for 
employers who have mobile work operations), the employer must:
    (i) Post each document or a summary of the document in a location 
where it will be readily observable by affected employees and their 
representatives; or
    (ii) Take other steps to communicate fully to affected employees and 
their representatives about abatement activities.
    (3) The employer must inform employees and their representatives of 
their right to examine and copy all abatement documents submitted to the 
Agency.
    (i) An employee or an employee representative must submit a request 
to examine and copy abatement documents within 3 working days of 
receiving notice that the documents have been submitted.
    (ii) The employer must comply with an employee's or employee 
representative's request to examine and copy abatement documents within 
5 working days of receiving the request.
    (4) The employer must ensure that notice to employees and employee 
representatives is provided at the same time or before the information 
is provided to the Agency and that abatement documents are:
    (i) Not altered, defaced, or covered by other material; and
    (ii) Remain posted for three working days after submission to the 
Agency.
    (h) Transmitting abatement documents. (1) The employer must include, 
in each submission required by this section, the following information:
    (i) The employer's name and address;
    (ii) The inspection number to which the submission relates;
    (iii) The citation and item numbers to which the submission relates;
    (iv) A statement that the information submitted is accurate; and
    (v) The signature of the employer or the employer's authorized 
representative.
    (2) The date of postmark is the date of submission for mailed 
documents. For documents transmitted by other means, the date the Agency 
receives the document is the date of submission.
    (i) Movable equipment. (1) For serious, repeat, and willful 
violations involving movable equipment, the employer must attach a 
warning tag or a copy of the citation to the operating controls or to 
the cited component of equipment that is moved within the worksite or 
between worksites.

    Note to paragraph (i)(1): Attaching a copy of the citation to the 
equipment is deemed by OSHA to meet the tagging requirement of paragraph 
(i)(1) of this section as well as the posting requirement of 29 CFR 
1903.16.

    (2) The employer must use a warning tag that properly warns 
employees about the nature of the violation involving the equipment and 
identifies the location of the citation issued.

    Note to paragraph (i)(2): Non-Mandatory Appendix C contains a sample 
tag that employers may use to meet this requirement.

    (3) If the violation has not already been abated, a warning tag or 
copy of the citation must be attached to the equipment:
    (i) For hand-held equipment, immediately after the employer receives 
the citation; or
    (ii) For non-hand-held equipment, prior to moving the equipment 
within or between worksites.
    (4) For the construction industry, a tag that is designed and used 
in accordance with 29 CFR 1926.20(b)(3) and 29 CFR 1926.200(h) is deemed 
by OSHA to meet the requirements of this section when the information 
required by paragraph (i)(2) is included on the tag.
    (5) The employer must assure that the tag or copy of the citation 
attached to movable equipment is not altered, defaced, or covered by 
other material.
    (6) The employer must assure that the tag or copy of the citation 
attached to movable equipment remains attached until:
    (i) The violation has been abated and all abatement verification 
documents required by this regulation have been submitted to the Agency;

[[Page 40]]

    (ii) The cited equipment has been permanently removed from service 
or is no longer within the employer's control; or
    (iii) The Commission issues a final order vacating the citation.

           Appendices to Sec. 1903.19--Abatement Verification

    Note: Appendices A through C provide information and nonmandatory 
guidelines to assist employers and employees in complying with the 
appropriate requirements of this section.

  Appendix A to Section 1903.19--Sample Abatement-Certification Letter 
                             (Nonmandatory)

(Name), Area Director
U. S. Department of Labor--OSHA
Address of the Area Office (on the citation)

[Company's Name]
[Company's Address]

    The hazard referenced in Inspection Number [insert 9-digit ] for 
violation identified as:

Citation [insert ] and item [insert ] was corrected on [insert date] 
by:

_______________________________________________________________________
____________________.

Citation [insert ] and item [insert ] was corrected on [insert date] 
by:

_______________________________________________________________________

____________________.

Citation [insert ] and item [insert ] was corrected on [insert date] 
by:

_______________________________________________________________________

____________________.

Citation [insert ] and item [insert ] was corrected on [insert date] 
by:

_______________________________________________________________________
____________________.

Citation [insert ] and item [insert ] was corrected on [insert date] 
by:

_______________________________________________________________________
____________________.

Citation [insert ] and item [insert ] was corrected on [insert date] 
by:

_______________________________________________________________________
____________________.

Citation [insert ] and item [insert ] was corrected on insert date by:

_______________________________________________________________________
____________________.

Citation [insert ] and item [insert ] was corrected on [insert date] 
by:

_______________________________________________________________________

____________________.

I attest that the information contained in this document is accurate.

_______________________________________________________________________
    Signature

_______________________________________________________________________
    Typed or Printed Name

Appendix B to Section 1903.19--Sample Abatement Plan or Progress Report 
                             (Nonmandatory)

(Name), Area Director
U. S. Department of Labor--OSHA
Address of Area Office (on the citation)

[Company's Name]
[Company's Address]

Check one:
    Abatement Plan  [  ]
    Progress Report  [  ]

Inspection Number_______________________________________________________

Page ____ of ________
Citation Number(s)*_____________________________________________________
Item Number(s)*_________________________________________________________

 
                                                  Proposed    Completion
                                                 Completion   Date (for
                    Action                       Date (for     progress
                                                 abatement     reports
                                                plans only)     only)
 
1.............................................  ...........  ...........
 
 
2.............................................  ...........  ...........
 
 
3.............................................  ...........  ...........
 
 
4.............................................  ...........  ...........
 
                                                ...........  ...........
5.............................................  ...........  ...........
 
                                                ...........  ...........
6.............................................  ...........  ...........
 
                                                ...........  ...........
7.............................................  ...........  ...........
 
 

Date required for final abatement:______________________________________
I attest that the information contained in this document is accurate.

_______________________________________________________________________
    Signature

_______________________________________________________________________
    Typed or Printed Name

Name of primary point of contact for questions: [optional]
Telephone number:_______________________________________________________
    *Abatement plans or progress reports for more than one citation item 
may be combined in a single abatement plan or progress report if the 
abatement actions, proposed completion dates, and actual completion 
dates (for progress reports only) are the same for each of the citation 
items.

[[Page 41]]

    Appendix C to Section 1903.19--Sample Warning Tag (Nonmandatory)
[GRAPHIC] [TIFF OMITTED] TC27OC91.000


[62 FR 15337, Mar. 31, 1997]



Sec. 1903.20  Informal conferences.

    At the request of an affected employer, employee, or representative 
of employees, the Assistant Regional Director may hold an informal 
conference for the purpose of discussing any issues raised by an 
inspection, citation, notice of proposed penalty, or notice of intention 
to contest. The settlement of any issue at such conference shall be 
subject to the rules of procedure prescribed by the Review

[[Page 42]]

Commission. If the conference is requested by the employer, an affected 
employee or his representative shall be afforded an opportunity to 
participate, at the discretion of the Assistant Regional Director. If 
the conference is requested by an employee or representative of 
employees, the employer shall be afforded an opportunity to participate, 
at the discretion of the Assistant Regional Director. Any party may be 
represented by counsel at such conference. No such conference or request 
for such conference shall operate as a stay of any 15-working-day period 
for filing a notice of intention to contest as prescribed in 
Sec. 1903.17.

[36 FR 17850, Sept. 4, 1971. Redesignated at 62 FR 15337, Mar. 31, 1997]



Sec. 1903.21  State administration.

    Nothing in this part 1903 shall preempt the authority of any State 
to conduct inspections, to initiate enforcement proceedings or otherwise 
to implement the applicable provisions of State law with respect to 
State occupational safety and health standards in accordance with 
agreements and plans under section 18 of the Act and parts 1901 and 1902 
of this chapter.

[36 FR 17850, Sept. 4, 1971. Redesignated at 62 FR 15337, Mar. 31, 1997]



Sec. 1903.22  Definitions.

    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970. (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.)
    (b) The definitions and interpretations contained in section 3 of 
the Act shall be applicable to such terms when used in this part 1903.
    (c) Working days means Mondays through Fridays but shall not include 
Saturdays, Sundays, or Federal holidays. In computing 15 working days, 
the day of receipt of any notice shall not be included, and the last day 
of the 15 working days shall be included.
    (d) Compliance Safety and Health Officer means a person authorized 
by the Occupational Safety and Health Administration, U.S. Department of 
Labor, to conduct inspections.
    (e) Area Director means the employee or officer regularly or 
temporarily in charge of an Area Office of the Occupational Safety and 
Health Administration, U.S. Department of Labor, or any other person or 
persons who are authorized to act for such employee or officer. The 
latter authorizations may include general delegations of the authority 
of an Area Director under this part to a Compliance Safety and Health 
Officer or delegations to such an officer for more limited purposes, 
such as the exercise of the Area Director's duties under 
Sec. 1903.14(a). The term also includes any employee or officer 
exercising supervisory responsibilities over an Area Director. A 
supervisory employee or officer is considered to exercise concurrent 
authority with the Area Director.
    (f) Assistant Regional Director means the employee or officer 
regularly or temporarily in charge of a Region of the Occupational 
Safety and Health Administration, U.S. Department of Labor, or any other 
person or persons who are specifically designated to act for such 
employee or officer in his absence. The term also includes any employee 
or officer in the Occupational Safety and Health Administration 
exercising supervisory responsibilities over the Assistant Regional 
Director. Such supervisory employee or officer is considered to exercise 
concurrent authority with the Assistant Regional Director. No delegation 
of authority under this paragraph shall adversely affect the procedures 
for independent informal review of investigative determinations 
prescribed under Sec. 1903.12 of this part.
    (g) Inspection means any inspection of an employer's factory, plant, 
establishment, construction site, or other area, workplace or 
environment where work is performed by an employee of an employer, and 
includes any inspection conducted pursuant to a complaint filed under 
Sec. 1903.11 (a) and (c), any reinspection, followup inspection, 
accident investigation or other inspection conducted under section 8(a) 
of the Act.

[36 FR 17850, Sept. 4, 1971, as amended at 38 FR 22624, Aug. 23, 1973. 
Redesignated at 62 FR 15337, Mar. 31, 1997]

[[Page 43]]



PART 1904--RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES--Table of Contents




Sec.
1904.1  Purpose and scope.
1904.2  Log and summary of occupational injuries and illnesses.
1904.3  Period covered.
1904.4  Supplementary record.
1904.5  Annual summary.
1904.6  Retention of records.
1904.7  Access to records.
1904.8  Reporting of fatality or multiple hospitalization incidents.
1904.9  Falsification, or failure to keep records or reports.
1904.10  Recordkeeping under approved State plans.
1904.11  Change of ownership.
1904.12  Definitions.
1904.13  Petitions for recordkeeping exceptions.
1904.14  Employees not in fixed establishments.
1904.15  Small employers.
1904.16  Establishments classified in Standard Industrial Classification 
          Codes (SIC) 52-89, (except 52-54, 70, 75, 76, 79 and 80).
1904.17  Annual OSHA injury and illness survey of ten or more employers.

      Statistical Reporting of Occupational Injuries and Illnesses

1904.20  Description of statistical program.
1904.21  Duties of employers.
1904.22  Effect of State plans.
1904.30  OMB control numbers under the Paperwork Reduction Act.

    Authority: Secs. 8, 24, Occupational Safety and Health Act of 1970 
(29 U.S.C. 657, 673), Secretary of Labor's Order No. 12-71 (36 FR 8754), 
8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033) or 6-96 (62 FR 
111), as applicable.
    Sections 1904.7, 1904.8 and 1904.17 are also issued under 5 U.S.C. 
553.

    Source: 36 FR 12612, July 2, 1971, unless otherwise noted.



Sec. 1904.1  Purpose and scope.

    The regulations in this part implement sections 8(c) (1), (2), 
8(g)(2), and 24 (a) and (e) of the Occupational Safety and Health Act of 
1970. These sections provide for recordkeeping and reporting by 
employers covered under the act as necessary or appropriate for 
enforcement of the act, for developing information regarding the causes 
and prevention of occupational accidents and illnesses, and for 
maintaining a program of collection, compilation, and analysis of 
occupational safety and health statistics. The regulations in this part 
were promulgated with the cooperation of the Secretary of Health, 
Education, and Welfare.



Sec. 1904.2  Log and summary of occupational injuries and illnesses.

    (a) Each employer shall, except as provided in paragraph (b) of this 
section, (1) maintain in each establishment a log and summary of all 
recordable occupational injuries and illnesses for that establishment; 
and (2) enter each recordable injury and illness on the log and summary 
as early as practicable but no later than 6 working days after receiving 
information that a recordable injury or illness has occurred. For this 
purpose form OSHA No. 200 or an equivalent which is as readable and 
comprehensible to a person not familiar with it shall be used. The log 
and summary shall be completed in the detail provided in the form and 
instructions on form OSHA No. 200.
    (b) Any employer may maintain the log of occupational injuries and 
illnesses at a place other than the establishment or by means of data-
processing equipment, or both, under the following circumstances:
    (1) There is available at the place where the log is maintained 
sufficient information to complete the log to a date within 6 working 
days after receiving information that a recordable case has occurred, as 
required by paragraph (a) of this section.
    (2) At each of the employer's establishments, there is available a 
copy of the log which reflects separately the injury and illness 
experience of that establishment complete and current to a date within 
45 calendar days.

[37 FR 736, Jan. 18, 1972, as amended at 42 FR 65165, Dec. 30, 1977; 47 
FR 145, Jan. 5, 1982]



Sec. 1904.3  Period covered.

    Records shall be established on a calendar year basis.

[42 FR 65165, Dec. 30, 1977]



Sec. 1904.4  Supplementary record.

    In addition to the log of occupational injuries and illnesses 
provided for under Sec. 1904.2, each employer shall have

[[Page 44]]

available for inspection at each establishment within 6 working days 
after receiving information that a recordable case has occurred, a 
supplementary record for each occupational injury or illness for that 
establishment. The record shall be completed in the detail prescribed in 
the instructions accompanying Occupational Safety and Health 
Administration Form OSHA No. 101. Workmen's compensation, insurance, or 
other reports are acceptable alternative records if they contain the 
information required by Form OSHA No. 101. If no acceptable alternative 
record is maintained for other purposes, Form OSHA No. 101 shall be used 
or the necessary information shall be otherwise maintained.

[37 FR 736, Jan. 18, 1972, as amended at 47 FR 145, Jan. 5, 1982; 62 FR 
44552, Aug. 22, 1997]



Sec. 1904.5  Annual summary.

    (a) Each employer shall post an annual summary of occupational 
injuries and illnesses for each establishment. This summary shall 
consist of a copy of the year's totals from the form OSHA No. 200 and 
the following information from that form: Calendar year covered, company 
Name establishment name, establishment address, certification signature, 
title, and date. A form OSHA No. 200 shall be used in presenting the 
summary. If no injuries or illnesses occurred in the year, zeros must be 
entered on the totals line, and the form must be posted.
    (b) The summary shall be completed by February 1 beginning with 
calendar year 1979. The summary of 1977 calendar year's occupational 
injuries and illnesses shall be posted on form OSHA No. 102.
    (c) Each employer, or the officer or employee of the employer who 
supervises the preparation of the log and summary of occupational 
injuries and illnesses, shall certify that the annual summary of 
occupational injuries and illnesses is true and complete. The 
certification shall be accomplished by affixing the signature of the 
employer, or the officer or employer who supervises the preparation of 
the annual summary of occupational injuries and illnesses, at the bottom 
of the last page of the log and summary or by appending a separate 
statement to the log and summary certifying that the summary is true and 
complete.
    (d)(1) Each employer shall post a copy of the establishment's 
summary in each establishment in the same manner that notices are 
required to be posted under Sec. 1903.2(a)(1) of this chapter. The 
summary covering the previous calendar year shall be posted no later 
than February 1, and shall remain in place until March 1. For employees 
who do not primarily report or work at a single establishment, or who do 
not report to any fixed establishment on a regular basis, employers 
shall satisfy this posting requirement by presenting or mailing a copy 
of the summary during the month of February of the following year to 
each such employee who receives pay during that month. For multi-
establishment employers where operations have closed down in some 
establishments during the calendar year, it will not be necessary to 
post summaries for those establishments.
    (2) A failure to post a copy of the establishment's annual summary 
may result in the issuance of citations and assessment of penalties 
pursuant to sections 9 and 17 of the Act.

[37 FR 736, Jan. 18, 1972, as amended at 42 FR 65165, Dec. 30, 1977; 47 
FR 145, Jan. 5, 1982; 62 FR 44552, Aug. 22, 1997]



Sec. 1904.6  Retention of records.

    Records provided for in Secs. 1904.2, 1904.4, and 1904.5 (including 
form OSHA No. 200 and its predecessor forms OSHA No. 100 and OSHA No. 
102) shall be retained in each establishment for 5 years following the 
end of the year to which they relate.

[42 FR 65166, Dec. 30, 1977, as amended at 47 FR 145, Jan. 5, 1982; 47 
FR 14706, Apr. 6, 1982; 62 FR 44552, Aug. 22, 1997]



Sec. 1904.7  Access to records.

    (a) Each employer shall provide, upon request, records provided for 
in Secs. 1904.2, 1904.4, and 1904.5, for inspection and copying by any 
representative of the Secretary of Labor for the purpose of carrying out 
the provisions of the act, and by representatives of the Secretary of 
Health, Education, and Welfare during any investigation under section 
20(b) of the act, or by any representative of a State accorded 
jurisdiction for occupational safety and

[[Page 45]]

health inspections or for statistical compilation under sections 18 and 
24 of the act.
    (b)(1) The log and summary of all recordable occupational injuries 
and illnesses (OSHA No. 200) (the log) provided for in Sec. 1904.2 
shall, upon request, be made available by the employer to any employee, 
former employee, and to their representatives for examination and 
copying in a reasonable manner and at reasonable times. The employee, 
former employee, and their representatives shall have access to the log 
for any establishment in which the employee is or has been employed.
    (2) Nothing in this section shall be deemed to preclude employees 
and employee representatives from collectively bargaining to obtain 
access to information relating to occupational injuries and illnesses in 
addition to the information made available under this section.
    (3) Access to the log provided under this section shall pertain to 
all logs retained under the requirements of Sec. 1904.6.

[43 FR 31329, July 21, 1978]



Sec. 1904.8  Reporting of fatality or multiple hospitalization incidents.

    (a) Within 8 hours after the death of any employee from a work-
related incident or the in-patient hospitalization of three or more 
employees as a result of a work-related incident, the employer of any 
employees so affected shall orally report the fatality/multiple 
hospitalization by telephone or in person to the Area Office of the 
Occupational Safety and Health Administration (OSHA), U.S. Department of 
Labor, that is nearest to the site of the incident, or by using the OSHA 
toll-free central telephone number.
    (b) This requirement applies to each such fatality or 
hospitalization of three or more employees which occurs within thirty 
(30) days of an incident.
    (c) Exception: If the employer does not learn of a reportable 
incident at the time it occurs and the incident would otherwise be 
reportable under paragraphs (a) and (b) of this section, the employer 
shall make the report within 8 hours of the time the incident is 
reported to any agent or employee of the employer.
    (d) Each report required by this section shall relate the following 
information: Establishment name, location of incident, time of the 
incident, number of fatalities or hospitalized employees, contact 
person, phone number, and a brief description of the incident.

[59 FR 15600, Apr. 1, 1994]



Sec. 1904.9  Falsification, or failure to keep records or reports.

    (a) Section 17(g) of the Act provides that ``Whoever knowingly makes 
any false statement, representation, or certification in any 
application, record, report, plan or other document filed or required to 
be maintained pursuant to this Act shall, upon conviction, be punished 
by a fine of not more than $10,000, or by imprisonment, for not more 
than 6 months or both.''
    (b) Failure to maintain records or file reports required by this 
part, or in the details required by forms and instructions issued under 
this part, may result in the issuance of citations and assessment of 
penalties as provided for in sections 9, 10, and 17 of the Act.

[37 FR 737, Jan. 18, 1972]



Sec. 1904.10  Recordkeeping under approved State plans.

    Records maintained by an employer and reports submitted pursuant to, 
and in accordance with the requirements of an approved State plan under 
section 18 of the act shall be regarded as compliance with this part 
1904.



Sec. 1904.11  Change of ownership.

    Where an establishment has changed ownership, the employer shall be 
responsible for maintaining records and filing reports only for that 
period of the year during which he owned such establishment. However, in 
the case of any change in ownership, the employer shall preserve those 
records, if any, of the prior ownership which are required to be kept 
under this part. These records shall be retained at each establishment 
to which they relate, for the period, or remainder thereof, required 
under Sec. 1904.6.



Sec. 1904.12  Definitions.

    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of

[[Page 46]]

1970 (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.).
    (b) The definitions and interpretations contained in section (2) of 
the Act shall be applicable to such terms when used in this part 1904.
    (c) Recordable occupational injuries or illnesses are any 
occupational injuries or illnesses which result in:
    (1) Fatalities, regardless of the time between the injury and death, 
or the length of the illness; or
    (2) Lost workday cases, other than fatalities, that result in lost 
workdays; or
    (3) Nonfatal cases without lost workdays which result in transfer to 
another job or termination of employment, or require medical treatment 
(other than first aid) or involve: loss of consciousness or restriction 
of work or motion. This category also includes any diagnosed 
occupational illnesses which are reported to the employer but are not 
classified as fatalities or lost workday cases.
    (d) Medical treatment includes treatment administered by a physician 
or by registered professional personnel under the standing orders of a 
physician. Medical treatment does not include first aid treatment even 
though provided by a physician or registered professional personnel.
    (e) First Aid is any one-time treatment, and any followup visit for 
the purpose of observation, of minor scratches, cuts, burns, splinters, 
and so forth, which do not ordinarily require medical care. Such one-
time treatment, and followup visit for the purpose of observation, is 
considered first aid even though provided by a physician or registered 
professional personnel.
    (f) Lost workdays: The number of days (consecutive or not) after, 
but not including, the day of injury or illness during which the 
employee would have worked but could not do so; that is, could not 
perform all or any part of his normal assignment during all or any part 
of the workday or shift, because of the occupational injury or illness.
    (g)(1) Establishment: A single physical location where business is 
conducted or where services or industrial operations are performed. (For 
example: A factory, mill, store, hotel, restaurant, movie theater, farm, 
ranch, bank, sales office, warehouse, or central administrative office.) 
Where distinctly separate activities are performed at a single physical 
location (such as contract construction activities operated from the 
same physical location as a lumber yard), each activity shall be treated 
as a separate establishment.
    (2) For firms engaged in activities such as agriculture, 
construction, transportation, communications, and electric, gas and 
sanitary services, which may be physically dispersed, records may be 
maintained at a place to which employees report each day.
    (3) Records for personnel who do not primarily report or work at a 
single establishment, and who are generally not supervised in their 
daily work, such as traveling salesmen, technicians, engineers, etc., 
shall be maintained at the location from which they are paid or the base 
from which personnel operate to carry out their activities.
    (h) Establishments Classified in Standard Industrial Classification 
Codes (SIC) 52-89. (1) Establishments whose primary activity constitutes 
retail trade; finance, insurance, real estate and services are 
classified in SIC's 52-89.
    (2) Retail trades are classified as SIC`s 52-59 and for the most 
part include establishments engaged in selling merchandise to the 
general public for personal or household consumption. Some of the retail 
trades are: automotive dealers, apparel and accessory stores, furniture 
and home furnishing stores, and eating and drinking places.
    (3) Finance, insurance and real estate are classified as SIC's 60-67 
and include establishments which are engaged in banking, credit other 
than banking, security dealings, insurance, and real estate.
    (4) Services are classified as SIC's 70-89 and include 
establishments which provide a variety of services for individuals, 
businesses, government agencies, and other organizations. Some of the 
service industries are: Personal and business services, in addition to 
legal, education, social, and cultural; and membership organizations.
    (5) The primary activity of an establishment is determined as 
follows: For finance, insurance, real estate, and services 
establishments, the value of

[[Page 47]]

receipts or revenue for services rendered by an establishment determines 
its primary activity. In establishments with diversified activities, the 
activities determined to account for the largest share of production, 
sales or revenue will identify the primary activity. In some instances 
these criteria will not adequately represent the relative economic 
importance of each of the varied activities. In such cases, employment 
or payroll should be used in place of the normal basis for determining 
the primary activity.

[36 FR 12612, July 2, 1971, as amended at 37 FR 20822, Oct. 4, 1972; 47 
FR 57702, Dec. 28, 1982]



Sec. 1904.13  Petitions for recordkeeping exceptions.

    (a) Submission of petition. Any employer who wishes to maintain 
records in a manner different from that required by this part may submit 
a petition containing the information specified in paragraph (c) of this 
section to the Regional Commissioner of the Bureau of Labor Statistics 
wherein the establishment involved is located.
    (b) Opportunity for comment. Affected employees or their 
representatives shall have an opportunity to submit written data, views, 
or arguments concerning the petition to the Regional Commissioner 
involved within 10 working days following the receipt of notice under 
paragraph (c)(5) of this section.
    (c) Contents of petition. A petition filed under paragraph (a) of 
this section shall include:
    (1) The name and address of the applicant;
    (2) The address of the place or places of employment involved;
    (3) Specifications of the reasons for seeking relief;
    (4) A description of the different recordkeeping procedures which 
are proposed by the applicant;
    (5) A statement that the applicant has informed his affected 
employees of the petition by giving a copy thereof to them or to their 
authorized representative and by posting a statement giving a summary of 
the petition and by other appropriate means. A statement posted pursuant 
to this subparagraph shall be posted in each establishment in the same 
manner that notices are required to be posted under Sec. 1903.2(a) of 
this chapter. The applicant shall also state that he has informed his 
affected employees of their rights under paragraph (b) of this section;
    (6) In the event an employer has more than one establishment he 
shall submit a list of the States in which such establishments are 
located and the number of establishments in each such State. In the 
further event that certain of the employer's establishments would not be 
affected by the petition, the employer shall identify every 
establishment which would be affected by the petition and give the State 
in which they are located.
    (d) Referrals to Assistant Commissioner. Whenever a Regional 
Commissioner receives a petition from an employer having one or more 
establishments beyond the geographic boundary of his region, or a 
petition from a class of employers having any establishment beyond the 
boundary of his region, he shall refer the petition to the Assistant 
Commissioner for action.
    (e) Additional Notice, Conferences. (1) In addition to the actual 
notice provided for in paragraph (c)(5) of this section, the Assistant 
Commissioner, or the Regional Commissioner, as the case may be, may 
provide, or cause to be provided, such additional notice of the petition 
as he may deem appropriate.
    (2) The Assistant Commissioner or the Regional Commissioner, as the 
case may be, may also afford an opportunity to interested parties for 
informal conference or hearing concerning the petition.
    (f) Action. After review of the petition, and of any comments 
submitted in regard thereto, and upon completion of any necessary 
appropriate investigation concerning the petition, if the Regional 
Commissioner or the Assistant Commissioner, as the case may be, finds 
that the alternative procedure proposed will not hamper or interfere 
with the purposes of the Act and will provide equivalent information, he 
may grant the petition subject to such conditions as he may determine 
appropriate, and subject to revocation for cause.
    (g) Publication. Whenever any relief is granted to an applicant 
under this Act, notice of such relief, and the reasons

[[Page 48]]

therefor, shall be published in the Federal Register.
    (h) Revocation. Whenever any relief under this section is sought to 
be revoked for any failure to comply with the conditions thereof, an 
opportunity be afforded to the employers and affected employees, or 
their representatives. Except in cases of willfulness or where public 
safety or health requires otherwise, before the commencement of any such 
informal proceeding, the employer shall:
    (1) Be notified in writing of the facts or conduct which may warrant 
the action; and
    (2) Be given an opportunity to demonstrate or achieve compliance.
    (i) Compliance after submission of petitions. The submission of a 
petition or any delay by the Regional Commissioner, or the Assistant 
Commissioner, as the case may be, in acting upon a petition shall not 
relieve any employer from any obligation to comply with this part. 
However, the Regional Commissioner or the Assistant Commissioner, as the 
case may be, shall give notice of the denial of any petition within a 
reasonable time.
    (j) Consultation. There shall be consultation between the 
appropriate representatives of the Occupational Safety and Health 
Administration and the Bureau of Labor Statistics in order to insure the 
effective implementation of this section.

[36 FR 12612, July 2, 1971, as amended at 37 FR 737, Jan. 18, 1972; 42 
FR 65166, Dec. 30, 1977]



Sec. 1904.14  Employees not in fixed establishments.

    Employers of employees engaged in physically dispersed operations 
such as occur in construction, installation, repair or service 
activities who do not report to any fixed establishment on a regular 
basis but are subject to common supervision may satisfy the provisions 
of Secs. 1904.2, 1904.4, and 1904.6 with respect to such employees by:
    (a) Maintaining the required records for each operation or group of 
operations which is subject to common supervision (field superintendent, 
field supervisor, etc.) in an established central place;
    (b) Having the address and telephone number of the central place 
available at each worksite; and
    (c) Having personnel available at the central place during normal 
business hours to provide information from the records maintained there 
by telephone and by mail.

[37 FR 20822, Oct. 5, 1972]



Sec. 1904.15  Small employers.

    An employer who had no more than ten (10) employees at any time 
during the calendar year immediately preceding the current calendar year 
need not comply with any of the requirements of this part except the 
following:
    (a) Obligation to report under Sec. 1904.8 concerning fatalities or 
multiple hospitalization accidents; and
    (b) Obligation to maintain a log of occupational injuries and 
illnesses under Sec. 1904.2 and to make reports under Sec. 1904.21 upon 
being notified in writing by the Bureau of Labor Statistics that the 
employer has been selected to participate in a statistical survey of 
occupational injuries and illnesses.

[42 FR 38568, July 29, 1977, as amended at 47 FR 145, Jan. 5, 1982; 47 
FR 14706, Apr. 6, 1982; 62 FR 44552, Aug. 22, 1997]



Sec. 1904.16  Establishments classified in Standard Industrial Classification Codes (SIC) 52-89, (except 52-54, 70, 75, 76, 79 and 80).

    An employer whose establishment is classified in SIC's 52-89, 
(excluding 52-54, 70, 75, 76, 79 and 80) need not comply, for such 
establishment, with any of the requirements of this part except the 
following:
    (a) Obligation to report under Sec. 1904.8 concerning fatalities or 
multiple hospitalization accidents; and
    (b) Obligation to maintain a log of occupational injuries and 
illnesses under Sec. 1904.21, upon being notified in writing by the 
Bureau of Labor Statistics that the employer has been selected to 
participate in a statistical survey of occupational injuries and 
illnesses.

[47 FR 57702, Dec. 28, 1982]

[[Page 49]]



Sec. 1904.17  Annual OSHA injury and illness survey of ten or more employers.

    (a) Each employer shall, upon receipt of OSHA's Annual Survey Form, 
report to OSHA or OSHA's designee the number of workers it employed and 
number of hours worked by its employees for periods designated in the 
Survey Form and such information as OSHA may request from records 
required to be created and maintained pursuant to 29 CFR part 1904.
    (b) Survey reports shall be sent to OSHA by mail or other means 
described in the Survey Form within 30 calendar days, or the time stated 
in the Survey Form, whichever is longer.
    (c) Employers exempted from keeping injury and illness records under 
Secs. 1904.15 and 1904.16 shall maintain injury and illness records 
required by Secs. 1904.2 and 1904.4, and make Survey Reports pursuant to 
this Section, upon being notified in writing by OSHA, in advance of the 
year for which injury and illness records will be required, that the 
employer has been selected to participate in an information collection.
    (d) Nothing in any State plan approved under Section 18 of the Act 
shall affect the duties of employers to comply with this section.
    (e) Nothing in this section shall affect OSHA's exercise of its 
statutory authorities to investigate conditions related to occupational 
safety and health.

[62 FR 6442, Feb. 11, 1997]

      Statistical Reporting of Occupational Injuries and Illnesses



Sec. 1904.20  Description of statistical program.

    (a) Section 24 of the Act directs the Secretary of Labor, in 
consultation with the Secretary of Health, Education, and Welfare, to 
develop and maintain a program of collection, compilation, and analysis 
of occupational safety and health statistics. The Commissioner of the 
Bureau of Labor Statistics has been delegated this authority by the 
Secretary of Labor. The program shall consist of periodic surveys of 
occupational injuries and illnesses.
    (b) The sample design encompasses probability procedures, detailed 
stratification by industry and size, and a systematic selection within 
strata. Stratification and sampling will be carried out by State and 
other jurisdictions in order to provide the most efficient sample for 
eventual State estimates. Some industries will be sampled more heavily 
than others depending on the injury rate level based on previous 
experience. Nationally, the survey should produce adequate estimates for 
most four-digit Standard Industrial Classification (SIC) industries in 
manufacturing and for three-digit SIC classification in 
nonmanufacturing. In participating States where the sample size has been 
supplemented significantly, comparable estimates are possible.

[37 FR 2439, Feb. 1, 1972, as amended at 42 FR 65166, Dec. 30, 1977]



Sec. 1904.21  Duties of employers.

    Upon receipt of an Occupational Injuries and Illnesses Survey Form, 
the employer shall promptly complete the form in accordance with the 
instructions contained therein, and return it in accordance with the 
aforesaid instructions.

[42 FR 65166, Dec. 30, 1977, as amended at 47 FR 145, Jan. 5, 1982; 47 
FR 14706, Apr. 6, 1982]



Sec. 1904.22  Effect of State plans.

    Nothing in any State plan approved under section 18(c) of the Act 
shall affect the duties of employers to submit statistical report forms 
under Sec. 1904.21.

[37 FR 2439, Feb. 1, 1972]



Sec. 1904.30  OMB control numbers under the Paperwork Reduction Act.

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

------------------------------------------------------------------------
                                                             OMB control
                      29 CFR citation                            No.
------------------------------------------------------------------------
1904.2.....................................................    1218-0176
1904.4-7...................................................    1218-0176
1904.8.....................................................    1218-0007
1904.17....................................................    1218-0214
1904.21....................................................    1220-0045
------------------------------------------------------------------------


[62 FR 44552, Aug. 22, 1997]

[[Page 50]]


    Effective Date Note: At 66 FR 6122, Jan. 19, 2001, part 1904 was 
revised, effective Jan. 1, 2002. For the convenience of the user, the 
revised text is set forth as follows:



Part 1904--Recording and Reporting Occupational Injuries and Illnesses

Sec.

                           Subpart A--Purpose

1904.0  Purpose

                            Subpart B--Scope

1904.1  Partial exemption for employers with 10 or fewer employees.
1904.2  Partial exemption for establishments in certain industries.
1904.3  Keeping records for more than one agency.

Non-mandatory Appendix A to Subpart B--Partially Exempt Industries.

          Subpart C--Recordkeeping Forms and Recording Criteria

1904.4  Recording criteria.
1904.5  Determination of work-relatedness.
1904.6  Determination of new cases.
1904.7  General recording criteria.
1904.8  Recording criteria for needlestick and sharps injuries.
1904.9  Recording criteria for cases involving medical removal under 
          OSHA standards.
1904.10  Recording criteria for cases involving occupational hearing 
          loss.
1904.11  Recording criteria for work-related tuberculosis cases.
1904.12  Recording criteria for cases involving work-related 
          musculoskeletal disorders.
1904.13-1904.28  [Reserved]
1904.29  Forms.

   Subpart D--Other OSHA Injury and Illness Recordkeeping Requirements

1904.30  Multiple business establishments.
1904.31  Covered employees.
1904.32  Annual summary.
1904.33  Retention and updating.
1904.34  Change in business ownership.
1904.35  Employee involvement.
1904.36  Prohibition against discrimination.
1904.37  State recordkeeping regulations.
1904.38  Variances from the recordkeeping rule.

  Subpart E--Reporting Fatality, Injury and Illness Information to the 
                               Government

1904.39  Reporting fatalities and multiple hospitalization incidents to 
          OSHA.
1904.40  Providing records to government representatives.
1904.41  Annual OSHA Injury and Illness Survey of Ten or More Employers.
1904.42  Requests from the Bureau of Labor Statistics for data.

               Subpart F--Transition From the Former Rule

1904.43  Summary and posting of year 2000 data.
1904.44  Retention and updating of old forms.
1904.45  OMB control numbers under the Paperwork Reduction Act

                         Subpart G--Definitions

1904.46  Definitions.

    Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of 
Labor's Order No. 1-90 (55 FR 9033), and 5 U.S.C. 553.

                           Subpart A--Purpose

Sec. 1904.0  Purpose.

    The purpose of this rule (Part 1904) is to require employers to 
record and report work-related fatalities, injuries and illnesses.
    Note to Sec. 1904.0: Recording or reporting a work-related injury, 
illness, or fatality does not mean that the employer or employee was at 
fault, that an OSHA rule has been violated, or that the employee is 
eligible for workers' compensation or other benefits.

                            Subpart B--Scope

    Note to Subpart B: All employers covered by the Occupational Safety 
and Health Act (OSH Act) are covered by these Part 1904 regulations. 
However, most employers do not have to keep OSHA injury and illness 
records unless OSHA or the Bureau of Labor Statistics (BLS) informs them 
in writing that they must keep records. For example, employers with 10 
or fewer employees and business establishments in certain industry 
classifications are partially exempt from keeping OSHA injury and 
illness records.

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

    (a) Basic requirement. (1) If your company had ten (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 BLS 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 workplace incident that 
results in a fatality or the hospitalization of three or more employees.
    (2) If your company had more than ten (10) employees at any time 
during the last calendar year, you must keep OSHA injury and illness 
records unless your establishment is classified as a partially exempt 
industry under Sec. 1904.2.

[[Page 51]]

    (b) Implementation. (1) Is the partial exemption for size based on 
the size of my entire company or on the size of an individual business 
establishment? The partial exemption for size is based on the number of 
employees in the entire company.
    (2) How do I determine the size of my company to find out if I 
qualify for the partial exemption for size? To determine if you are 
exempt because of size, you need to determine your company's peak 
employment during the last calendar year. If you had no more than 10 
employees at any time in the last calendar year, your company qualifies 
for the partial exemption for size.

Sec. 1904.2  Partial exemption for establishments in certain industries.

    (a) Basic requirement. (1) If your business establishment is 
classified in a specific low hazard retail, service, finance, insurance 
or real estate industry listed in Appendix A to this Subpart B, you do 
not need to keep OSHA injury and illness records unless the government 
asks you to keep the records under Sec. 1904.41 or Sec. 1904.42. 
However, all employers must report to OSHA any workplace incident that 
results in a fatality or the hospitalization of three or more employees 
(see Sec. 1904.39).
    (2) If one or more of your company's establishments are classified 
in a non-exempt industry, you must keep OSHA injury and illness records 
for all of such establishments unless your company is partially exempted 
because of size under Sec. 1904.1.
    (b) Implementation. (1) Does the partial industry classification 
exemption apply only to business establishments in the retail, services, 
finance, insurance or real estate industries (SICs 52-89)? Yes, business 
establishments classified in agriculture; mining; construction; 
manufacturing; transportation; communication, electric, gas and sanitary 
services; or wholesale trade are not eligible for the partial industry 
classification exemption.
    (2) Is the partial industry classification exemption based on the 
industry classification of my entire company or on the classification of 
individual business establishments operated by my company? The partial 
industry classification exemption applies to individual business 
establishments. If a company has several business establishments engaged 
in different classes of business activities, some of the company's 
establishments may be required to keep records, while others may be 
exempt.
    (3) How do I determine the Standard Industrial Classification code 
for my company or for individual establishments? You determine your 
Standard Industrial Classification (SIC) code by using the Standard 
Industrial Classification Manual, Executive Office of the President, 
Office of Management and Budget. You may contact your nearest OSHA 
office or State agency for help in determining your SIC.

Sec. 1904.3  Keeping records for more than one agency.

    If you create records to comply with another government agency's 
injury and illness recordkeeping requirements, OSHA will consider those 
records as meeting OSHA's Part 1904 recordkeeping requirements if OSHA 
accepts the other agency's records under a memorandum of understanding 
with that agency, or if the other agency's records contain the same 
information as this Part 1904 requires you to record. You may contact 
your nearest OSHA office or State agency for help in determining whether 
your records meet OSHA's requirements.

   Non-Mandatory Appendix A to Subpart B--Partially Exempt Industries

    Employers are not required to keep OSHA injury and illness records 
for any establishment classified in the following Standard Industrial 
Classification (SIC) codes, unless they are asked in writing to do so by 
OSHA, the Bureau of Labor Statistics ( BLS), or a state agency operating 
under the authority of OSHA or the BLS. All employers, including those 
partially exempted by reason of company size or industry classification, 
must report to OSHA any workplace incident that results in a fatality or 
the hospitalization of three or more employees (see Sec. 1904.39).

----------------------------------------------------------------------------------------------------------------
      SIC code                  Industry description                 SIC code           Industry description
----------------------------------------------------------------------------------------------------------------
525................  Hardware Stores                            725...............  Shoe Repair and Shoeshine
                                                                                     Parlors.
542................  Meat and Fish Markets                      726...............  Funeral Service and
                                                                                     Crematories.
544................  Candy, Nut, and Confectionery Stores       729...............  Miscellaneous Personal
                                                                                     Services.
545................  Dairy Products Stores                      731...............  Advertising Services.
546................  Retail Bakeries                            732...............  Credit Reporting and
                                                                                     Collection Services.
549................  Miscellaneous Food Stores                  733...............  Mailing, Reproduction, &
                                                                                     Stenographic Services.
551................  New and Used Car Dealers                   737...............  Computer and Data Processing
                                                                                     Services.
552................  Used Car Dealers                           738...............  Miscellaneous Business
                                                                                     Services.
554................  Gasoline Service Stations                  764...............  Reupholstery and Furniture
                                                                                     Repair.
557................  Motorcycle Dealers                         78................  Motion Picture.
56.................  Apparel and Accessory Stores               791...............  Dance Studios, Schools, and
                                                                                     Halls.
573................  Radio, Television, & Computer Stores       792...............  Producers, Orchestras,
                                                                                     Entertainers.
58.................  Eating and Drinking Places                 793...............  Bowling Centers.
591................  Drug Stores and Proprietary Stores         801...............  Offices & Clinics Of Medical
                                                                                     Doctors.
592................  Liquor Stores                              802...............  Offices and Clinics Of
                                                                                     Dentists.

[[Page 52]]

 
594................  Miscellaneous Shopping Goods Stores        803...............  Offices Of Osteopathic.
599................  Retail Stores, Not Elsewhere Classified    804...............  Offices Of Other Health
                                                                                     Practitioners.
60.................  Depository Institutions (banks & savings   807...............  Medical and Dental
                      institutions)                                                  Laboratories.
61.................  Nondepository                              809...............  Health and Allied Services,
                                                                                     Not Elsewhere Classified.
62.................  Security and Commodity Brokers             81................  Legal Services.
63.................  Insurance Carriers                         82................  Educational Services
                                                                                     (schools, colleges,
                                                                                     universities and
                                                                                     libraries).
64.................  Insurance Agents, Brokers & Services       832...............  Individual and Family
                                                                                     Services.
653................  Real Estate Agents and Managers            835...............  Child Day Care Services.
654................  Title Abstract Offices                     839...............  Social Services, Not
                                                                                     Elsewhere Classified.
67.................  Holding and Other Investment Offices       841...............  Museums and Art Galleries.
722................  Photographic Studios, Portrait             86................  Membership Organizations.
723................  Beauty Shops                               87................  Engineering, Accounting,
                                                                                     Research, Management, and
                                                                                     Related Services.
724................  Barber Shops                               899...............  Services, not elsewhere
                                                                                     classified.
----------------------------------------------------------------------------------------------------------------

          Subpart C--Recordkeeping Forms and Recording Criteria

    Note to Subpart C: This Subpart describes the work-related injuries 
and illnesses that an employer must enter into the OSHA records and 
explains the OSHA forms that employers must use to record work-related 
fatalities, injuries, and illnesses.

Sec. 1904.4  Recording criteria.

    (a) Basic requirement. Each employer required by this Part to keep 
records of fatalities, injuries, and illnesses must record each 
fatality, injury and illness that:
    (1) Is work-related; and
    (2) Is a new case; and
    (3) Meets one or more of the general recording criteria of 
Sec. 1904.7 or the application to specific cases of Sec. 1904.8 through 
Sec. 1904.12.
    (b) Implementation. (1) What sections of this rule describe 
recording criteria for recording work-related injuries and illnesses? 
The table below indicates which sections of the rule address each topic.
    (i) Determination of work-relatedness. See Sec. 1904.5.
    (ii) Determination of a new case. See Sec. 1904.6.
    (iii) General recording criteria. See Sec. 1904.7.
    (iv) Additional criteria. (Needlestick and sharps injury cases, 
tuberculosis cases, hearing loss cases, medical removal cases, and 
musculoskeletal disorder cases). See Sec. 1904.8 through Sec. 1904.12.
    (2) How do I decide whether a particular injury or illness is 
recordable? The decision tree for recording work-related injuries and 
illnesses below shows the steps involved in making this determination.

[[Page 53]]

[GRAPHIC] [TIFF OMITTED] TR19JA01.098

Sec. 1904.5  Determination of work-relatedness.

    (a) Basic requirement. You must consider an injury or illness to be 
work-related if an event or exposure in the work environment either 
caused or contributed to the resulting condition or significantly 
aggravated a pre-existing injury or illness. Work-relatedness is 
presumed for injuries and illnesses resulting from events or exposures 
occurring in the work environment, unless an exception in 
Sec. 1904.5(b)(2) specifically applies.
    (b) Implementation. (1) What is the ``work environment''? OSHA 
defines the work environment as ``the establishment and other locations 
where one or more employees are working or are present as a condition of 
their employment. The work environment includes not only physical 
locations, but also the equipment or materials used by the employee 
during the course of his or her work.''
    (2) Are there situations where an injury or illness occurs in the 
work environment and is not considered work-related? Yes, an injury or 
illness occurring in the work environment that falls under one of the 
following exceptions is not work-related, and therefore is not 
recordable.

------------------------------------------------------------------------
                          You are not required to record injuries and
     1904.5(b)(2)                      illnesses if . . .
------------------------------------------------------------------------
(i)..................  At the time of the injury or illness, the
                        employee was present in the work environment as
                        a member of the general public rather than as an
                        employee.

[[Page 54]]

 
(ii).................  The injury or illness involves signs or symptoms
                        that surface at work but result solely from a
                        non-work-related event or exposure that occurs
                        outside the work environment.
(iii)................  The injury or illness results solely from
                        voluntary participation in a wellness program or
                        in a medical, fitness, or recreational activity
                        such as blood donation, physical examination,
                        flu shot, exercise class, racquetball, or
                        baseball.
(iv).................  The injury or illness is solely the result of an
                        employee eating, drinking, or preparing food or
                        drink for personal consumption (whether bought
                        on the employer's premises or brought in). For
                        example, if the employee is injured by choking
                        on a sandwich while in the employer's
                        establishment, the case would not be considered
                        work-related.
                       Note: If the employee is made ill by ingesting
                        food contaminated by workplace contaminants
                        (such as lead), or gets food poisoning from food
                        supplied by the employer, the case would be
                        considered work-related.
(v)..................  The injury or illness is solely the result of an
                        employee doing personal tasks (unrelated to
                        their employment) at the establishment outside
                        of the employee's assigned working hours.
(vi).................  The injury or illness is solely the result of
                        personal grooming, self medication for a non-
                        work-related condition, or is intentionally self-
                        inflicted.
(vii)................  The injury or illness is caused by a motor
                        vehicle accident and occurs on a company parking
                        lot or company access road while the employee is
                        commuting to or from work.
(viii)...............  The illness is the common cold or flu (Note:
                        contagious diseases such as tuberculosis,
                        brucellosis, hepatitis A, or plague are
                        considered work-related if the employee is
                        infected at work).
(ix).................  The illness is a mental illness. Mental illness
                        will not be considered work-related unless the
                        employee voluntarily provides the employer with
                        an opinion from a physician or other licensed
                        health care professional with appropriate
                        training and experience (psychiatrist,
                        psychologist, psychiatric nurse practitioner,
                        etc.) stating that the employee has a mental
                        illness that is work-related.
------------------------------------------------------------------------

    (3) How do I handle a case if it is not obvious whether the 
precipitating event or exposure occurred in the work environment or 
occurred away from work? In these situations, you must evaluate the 
employee's work duties and environment to decide whether or not one or 
more events or exposures in the work environment either caused or 
contributed to the resulting condition or significantly aggravated a 
pre-existing condition.
    (4) How do I know if an event or exposure in the work environment 
``significantly aggravated'' a preexisting injury or illness? A 
preexisting injury or illness has been significantly aggravated, for 
purposes of OSHA injury and illness recordkeeping, when an event or 
exposure in the work environment results in any of the following:
    (i) Death, provided that the preexisting injury or illness would 
likely not have resulted in death but for the occupational event or 
exposure.
    (ii) Loss of consciousness, provided that the preexisting injury or 
illness would likely not have resulted in loss of consciousness but for 
the occupational event or exposure.
    (iii) One or more days away from work, or days of restricted work, 
or days of job transfer that otherwise would not have occurred but for 
the occupational event or exposure.
    (iv) Medical treatment in a case where no medical treatment was 
needed for the injury or illness before the workplace event or exposure, 
or a change in medical treatment was necessitated by the workplace event 
or exposure.
    (5) Which injuries and illnesses are considered pre-existing 
conditions? An injury or illness is a preexisting condition if it 
resulted solely from a non-work-related event or exposure that occured 
outside the work environment.
    (6) How do I decide whether an injury or illness is work-related if 
the employee is on travel status at the time the injury or illness 
occurs? Injuries and illnesses that occur while an employee is on travel 
status are work-related if, at the time of the injury or illness, the 
employee was engaged in work activities ``in the interest of the 
employer.'' Examples of such activities include travel to and from 
customer contacts, conducting job tasks, and entertaining or being 
entertained to transact, discuss, or promote business (work-related 
entertainment includes only entertainment activities being engaged in at 
the direction of the employer).
    Injuries or illnesses that occur when the employee is on travel 
status do not have to be recorded if they meet one of the exceptions 
listed below.

[[Page 55]]



----------------------------------------------------------------------------------------------------------------
                                                                                You may use the following to
      1904.5 (b)(6)                   If the employee has . . .             determine if an injury or illness is
                                                                                        work-related
----------------------------------------------------------------------------------------------------------------
(i)......................  checked into a hotel or motel for one or more   When a traveling employee checks into
                            days.                                           a hotel, motel, or into a other
                                                                            temporary residence, he or she
                                                                            establishes a ``home away from
                                                                            home.'' You must evaluate the
                                                                            employee's activities after he or
                                                                            she checks into the hotel, motel, or
                                                                            other temporary residence for their
                                                                            work-relatedness in the same manner
                                                                            as you evaluate the activities of a
                                                                            non-traveling employee. When the
                                                                            employee checks into the temporary
                                                                            residence, he or she is considered
                                                                            to have left the work environment.
                                                                            When the employee begins work each
                                                                            day, he or she re-enters the work
                                                                            environment. If the employee has
                                                                            established a ``home away from
                                                                            home'' and is reporting to a fixed
                                                                            worksite each day, you also do not
                                                                            consider injuries or illnesses work-
                                                                            related if they occur while the
                                                                            employee is commuting between the
                                                                            temporary residence and the job
                                                                            location.
(ii).....................  taken a detour for personal reasons...........  Injuries or illnesses are not
                                                                            considered work-related if they
                                                                            occur while the employee is on a
                                                                            personal detour from a reasonably
                                                                            direct route of travel (e.g., has
                                                                            taken a side trip for personal
                                                                            reasons).
----------------------------------------------------------------------------------------------------------------

    (7) How do I decide if a case is work-related when the employee is 
working at home? Injuries and illnesses that occur while an employee is 
working at home, including work in a home office, will be considered 
work-related if the injury or illness occurs while the employee is 
performing work for pay or compensation in the home, and the injury or 
illness is directly related to the performance of work rather than to 
the general home environment or setting. For example, if an employee 
drops a box of work documents and injures his or her foot, the case is 
considered work-related. If an employee's fingernail is punctured by a 
needle from a sewing machine used to perform garment work at home, 
becomes infected and requires medical treatment, the injury is 
considered work-related. If an employee is injured because he or she 
trips on the family dog while rushing to answer a work phone call, the 
case is not considered work-related. If an employee working at home is 
electrocuted because of faulty home wiring, the injury is not considered 
work-related.

Sec. 1904.6  Determination of new cases.

    (a) Basic requirement. You must consider an injury or illness to be 
a ``new case'' if:
    (1) The employee has not previously experienced a recorded injury or 
illness of the same type that affects the same part of the body, or
    (2) The employee previously experienced a recorded injury or illness 
of the same type that affected the same part of the body but had 
recovered completely (all signs and symptoms had disappeared) from the 
previous injury or illness and an event or exposure in the work 
environment caused the signs or symptoms to reappear.
    (b) Implementation. (1) When an employee experiences the signs or 
symptoms of a chronic work-related illness, do I need to consider each 
recurrence of signs or symptoms to be a new case? No, for occupational 
illnesses where the signs or symptoms may recur or continue in the 
absence of an exposure in the workplace, the case must only be recorded 
once. Examples may include occupational cancer, asbestosis, byssinosis 
and silicosis.
    (2) When an employee experiences the signs or symptoms of an injury 
or illness as a result of an event or exposure in the workplace, such as 
an episode of occupational asthma, must I treat the episode as a new 
case? Yes, because the episode or recurrence was caused by an event or 
exposure in the workplace, the incident must be treated as a new case.
    (3) May I rely on a physician or other licensed health care 
professional to determine whether a case is a new case or a recurrence 
of an old case? You are not required to seek the advice of a physician 
or other licensed health care professional. However, if you do seek such 
advice, you must follow the physician or other licensed health care 
professional's recommendation about whether the case is a new case or a 
recurrence. If you receive recommendations from two or more physicians 
or other licensed health care professionals, you must make a decision as 
to which recommendation is the most authoritative (best documented, best 
reasoned, or most authoritative), and record the case based upon that 
recommendation.

Sec. 1904.7  General recording criteria.

    (a) Basic requirement. You must consider an injury or illness to 
meet the general recording criteria, and therefore to be recordable, if 
it results in any of the following: death, days away from work, 
restricted work or transfer to another job, medical treatment beyond 
first aid, or loss of consciousness. You must also consider a case to 
meet the general recording criteria if it involves a significant injury 
or illness diagnosed by a physician or other licensed health care 
professional, even if it does not result in death, days away from work, 
restricted work or job transfer, medical treatment beyond first aid, or 
loss of consciousness.

[[Page 56]]

    (b) Implementation. (1) How do I decide if a case meets one or more 
of the general recording criteria? A work-related injury or illness must 
be recorded if it results in one or more of the following:
    (i) Death. See Sec. 1904.7(b)(2).
    (ii) Days away from work. See Sec. 1904.7(b)(3).
    (iii) Restricted work or transfer to another job. See 
Sec. 1904.7(b)(4).
    (iv) Medical treatment beyond first aid. See Sec. 1904.7(b)(5).
    (v) Loss of consciousness. See Sec. 1904.7(b)(6).
    (vi) A significant injury or illness diagnosed by a physician or 
other licensed health care professional. See Sec. 1904.7(b)(7).
    (2) How do I record a work-related injury or illness that results in 
the employee's death? You must record an injury or illness that results 
in death by entering a check mark on the OSHA 300 Log in the space for 
cases resulting in death. You must also report any work-related fatality 
to OSHA within eight (8) hours, as required by Sec. 1904.39.
    (3) How do I record a work-related injury or illness that results in 
days away from work? When an injury or illness involves one or more days 
away from work, you must record the injury or illness on the OSHA 300 
Log with a check mark in the space for cases involving days away and an 
entry of the number of calendar days away from work in the number of 
days column. If the employee is out for an extended period of time, you 
must enter an estimate of the days that the employee will be away, and 
update the day count when the actual number of days is known.
    (i) Do I count the day on which the injury occurred or the illness 
began? No, you begin counting days away on the day after the injury 
occurred or the illness began.
    (ii) How do I record an injury or illness when a physician or other 
licensed health care professional recommends that the worker stay at 
home but the employee comes to work anyway? You must record these 
injuries and illnesses on the OSHA 300 Log using the check box for cases 
with days away from work and enter the number of calendar days away 
recommended by the physician or other licensed health care professional. 
If a physician or other licensed health care professional recommends 
days away, you should encourage your employee to follow that 
recommendation. However, the days away must be recorded whether the 
injured or ill employee follows the physician or licensed health care 
professional's recommendation or not. If you receive recommendations 
from two or more physicians or other licensed health care professionals, 
you may make a decision as to which recommendation is the most 
authoritative, and record the case based upon that recommendation.
    (iii) How do I handle a case when a physician or other licensed 
health care professional recommends that the worker return to work but 
the employee stays at home anyway? In this situation, you must end the 
count of days away from work on the date the physician or other licensed 
health care professional recommends that the employee return to work.
    (iv) How do I count weekends, holidays, or other days the employee 
would not have worked anyway? You must count the number of calendar days 
the employee was unable to work as a result of the injury or illness, 
regardless of whether or not the employee was scheduled to work on those 
day(s). Weekend days, holidays, vacation days or other days off are 
included in the total number of days recorded if the employee would not 
have been able to work on those days because of a work-related injury or 
illness.
    (v) How do I record a case in which a worker is injured or becomes 
ill on a Friday and reports to work on a Monday, and was not scheduled 
to work on the weekend? You need to record this case only if you receive 
information from a physician or other licensed health care professional 
indicating that the employee should not have worked, or should have 
performed only restricted work, during the weekend. If so, you must 
record the injury or illness as a case with days away from work or 
restricted work, and enter the day counts, as appropriate.
    (vi) How do I record a case in which a worker is injured or becomes 
ill on the day before scheduled time off such as a holiday, a planned 
vacation, or a temporary plant closing? You need to record a case of 
this type only if you receive information from a physician or other 
licensed health care professional indicating that the employee should 
not have worked, or should have performed only restricted work, during 
the scheduled time off. If so, you must record the injury or illness as 
a case with days away from work or restricted work, and enter the day 
counts, as appropriate.
    (vii) Is there a limit to the number of days away from work I must 
count? Yes, you may ``cap'' the total days away at 180 calendar days. 
You are not required to keep track of the number of calendar days away 
from work if the injury or illness resulted in more than 180 calendar 
days away from work and/or days of job transfer or restriction. In such 
a case, entering 180 in the total days away column will be considered 
adequate.
    (viii) May I stop counting days if an employee who is away from work 
because of an injury or illness retires or leaves my company? Yes, if 
the employee leaves your company for some reason unrelated to the injury 
or illness, such as retirement, a plant closing, or to take another job, 
you may stop counting days away from work or days of restriction/job 
transfer. If the employee leaves your company because of the injury or 
illness, you must estimate the total number of days away or days of 
restriction/job transfer and enter the day count on the 300 Log.

[[Page 57]]

    (ix) If a case occurs in one year but results in days away during 
the next calendar year, do I record the case in both years? No, you only 
record the injury or illness once. You must enter the number of calendar 
days away for the injury or illness on the OSHA 300 Log for the year in 
which the injury or illness occurred. If the employee is still away from 
work because of the injury or illness when you prepare the annual 
summary, estimate the total number of calendar days you expect the 
employee to be away from work, use this number to calculate the total 
for the annual summary, and then update the initial log entry later when 
the day count is known or reaches the 180-day cap.
    (4) How do I record a work-related injury or illness that results in 
restricted work or job transfer? When an injury or illness involves 
restricted work or job transfer but does not involve death or days away 
from work, you must record the injury or illness on the OSHA 300 Log by 
placing a check mark in the space for job transfer or restriction and an 
entry of the number of restricted or transferred days in the restricted 
workdays column.
    (i) How do I decide if the injury or illness resulted in restricted 
work? Restricted work occurs when, as the result of a work-related 
injury or illness:
    (A) You keep the employee from performing one or more of the routine 
functions of his or her job, or from working the full workday that he or 
she would otherwise have been scheduled to work; or
    (B) A physician or other licensed health care professional 
recommends that the employee not perform one or more of the routine 
functions of his or her job, or not work the full workday that he or she 
would otherwise have been scheduled to work.
    (ii) What is meant by ``routine functions''? For recordkeeping 
purposes, an employee's routine functions are those work activities the 
employee regularly performs at least once per week.
    (iii) Do I have to record restricted work or job transfer if it 
applies only to the day on which the injury occurred or the illness 
began? No, you do not have to record restricted work or job transfers if 
you, or the physician or other licensed health care professional, impose 
the restriction or transfer only for the day on which the injury 
occurred or the illness began.
    (iv) If you or a physician or other licensed health care 
professional recommends a work restriction, is the injury or illness 
automatically recordable as a ``restricted work'' case? No, a 
recommended work restriction is recordable only if it affects one or 
more of the employee's routine job functions. To determine whether this 
is the case, you must evaluate the restriction in light of the routine 
functions of the injured or ill employee's job. If the restriction from 
you or the physician or other licensed health care professional keeps 
the employee from performing one or more of his or her routine job 
functions, or from working the full workday the injured or ill employee 
would otherwise have worked, the employee's work has been restricted and 
you must record the case.
    (v) How do I record a case where the worker works only for a partial 
work shift because of a work-related injury or illness? A partial day of 
work is recorded as a day of job transfer or restriction for 
recordkeeping purposes, except for the day on which the injury occurred 
or the illness began.
    (vi) If the injured or ill worker produces fewer goods or services 
than he or she would have produced prior to the injury or illness but 
otherwise performs all of the routine functions of his or her work, is 
the case considered a restricted work case? No, the case is considered 
restricted work only if the worker does not perform all of the routine 
functions of his or her job or does not work the full shift that he or 
she would otherwise have worked.
    (vii) How do I handle vague restrictions from a physician or other 
licensed health care professional, such as that the employee engage only 
in ``light duty'' or ``take it easy for a week''? If you are not clear 
about the physician or other licensed health care professional's 
recommendation, you may ask that person whether the employee can do all 
of his or her routine job functions and work all of his or her normally 
assigned work shift. If the answer to both of these questions is 
``Yes,'' then the case does not involve a work restriction and does not 
have to be recorded as such. If the answer to one or both of these 
questions is ``No,'' the case involves restricted work and must be 
recorded as a restricted work case. If you are unable to obtain this 
additional information from the physician or other licensed health care 
professional who recommended the restriction, record the injury or 
illness as a case involving restricted work.
    (viii) What do I do if a physician or other licensed health care 
professional recommends a job restriction meeting OSHA's definition, but 
the employee does all of his or her routine job functions anyway? You 
must record the injury or illness on the OSHA 300 Log as a restricted 
work case. If a physician or other licensed health care professional 
recommends a job restriction, you should ensure that the employee 
complies with that restriction. If you receive recommendations from two 
or more physicians or other licensed health care professionals, you may 
make a decision as to which recommendation is the most authoritative, 
and record the case based upon that recommendation.
    (ix) How do I decide if an injury or illness involved a transfer to 
another job? If you assign an injured or ill employee to a job other 
than his or her regular job for part of the day, the case involves 
transfer to another job. Note:

[[Page 58]]

This does not include the day on which the injury or illness occurred.
    (x) Are transfers to another job recorded in the same way as 
restricted work cases? Yes, both job transfer and restricted work cases 
are recorded in the same box on the OSHA 300 Log. For example, if you 
assign, or a physician or other licensed health care professional 
recommends that you assign, an injured or ill worker to his or her 
routine job duties for part of the day and to another job for the rest 
of the day, the injury or illness involves a job transfer. You must 
record an injury or illness that involves a job transfer by placing a 
check in the box for job transfer.
    (xi) How do I count days of job transfer or restriction? You count 
days of job transfer or restriction in the same way you count days away 
from work, using Sec. 1904.7(b)(3)(i) to (viii), above. The only 
difference is that, if you permanently assign the injured or ill 
employee to a job that has been modified or permanently changed in a 
manner that eliminates the routine functions the employee was restricted 
from performing, you may stop the day count when the modification or 
change is made permanent. You must count at least one day of restricted 
work or job transfer for such cases.
    (5) How do I record an injury or illness that involves medical 
treatment beyond first aid? If a work-related injury or illness results 
in medical treatment beyond first aid, you must record it on the OSHA 
300 Log. If the injury or illness did not involve death, one or more 
days away from work, one or more days of restricted work, or one or more 
days of job transfer, you enter a check mark in the box for cases where 
the employee received medical treatment but remained at work and was not 
transferred or restricted.
    (i) What is the definition of medical treatment? ``Medical 
treatment'' means the management and care of a patient to combat disease 
or disorder. For the purposes of Part 1904, medical treatment does not 
include:
    (A) Visits to a physician or other licensed health care professional 
solely for observation or counseling;
    (B) The conduct of diagnostic procedures, such as x-rays and blood 
tests, including the administration of prescription medications used 
solely for diagnostic purposes (e.g., eye drops to dilate pupils); or
    (C) ``First aid'' as defined in paragraph (b)(5)(ii) of this 
section.
    (ii) What is ``first aid''? For the purposes of Part 1904, ``first 
aid'' means the following:
    (A) Using a non-prescription medication at nonprescription strength 
(for medications available in both prescription and non-prescription 
form, a recommendation by a physician or other licensed health care 
professional to use a non-prescription medication at prescription 
strength is considered medical treatment for recordkeeping purposes);
    (B) Administering tetanus immunizations (other immunizations, such 
as Hepatitis B vaccine or rabies vaccine, are considered medical 
treatment);
    (C) Cleaning, flushing or soaking wounds on the surface of the skin;
    (D) Using wound coverings such as bandages, Band-AidsTM, 
gauze pads, etc.; or using butterfly bandages or Steri-
StripsTM (other wound closing devices such as sutures, 
staples, etc., are considered medical treatment);
    (E) Using hot or cold therapy;
    (F) Using any non-rigid means of support, such as elastic bandages, 
wraps, non-rigid back belts, etc. (devices with rigid stays or other 
systems designed to immobilize parts of the body are considered medical 
treatment for recordkeeping purposes);
    (G) Using temporary immobilization devices while transporting an 
accident victim (e.g., splints, slings, neck collars, back boards, 
etc.).
    (H) Drilling of a fingernail or toenail to relieve pressure, or 
draining fluid from a blister;
    (I) Using eye patches;
    (J) Removing foreign bodies from the eye using only irrigation or a 
cotton swab;
    (K) Removing splinters or foreign material from areas other than the 
eye by irrigation, tweezers, cotton swabs or other simple means;
    (L) Using finger guards;
    (M) Using massages (physical therapy or chiropractic treatment are 
considered medical treatment for recordkeeping purposes); or
    (N) Drinking fluids for relief of heat stress.
    (iii) Are any other procedures included in first aid? No, this is a 
complete list of all treatments considered first aid for Part 1904 
purposes.
    (iv) Does the professional status of the person providing the 
treatment have any effect on what is considered first aid or medical 
treatment? No, OSHA considers the treatments listed in 
Sec. 1904.7(b)(5)(ii) of this Part to be first aid regardless of the 
professional status of the person providing the treatment. Even when 
these treatments are provided by a physician or other licensed health 
care professional, they are considered first aid for the purposes of 
Part 1904. Similarly, OSHA considers treatment beyond first aid to be 
medical treatment even when it is provided by someone other than a 
physician or other licensed health care professional.
    (v) What if a physician or other licensed health care professional 
recommends medical treatment but the employee does not follow the 
recommendation? If a physician or other licensed health care 
professional recommends medical treatment, you should encourage the 
injured or ill employee to follow that recommendation. However, you must 
record the case even if the injured or ill employee

[[Page 59]]

does not follow the physician or other licensed health care 
professional's recommendation.
    (6) Is every work-related injury or illness case involving a loss of 
consciousness recordable? Yes, you must record a work-related injury or 
illness if the worker becomes unconscious, regardless of the length of 
time the employee remains unconscious.
    (7) What is a ``significant'' diagnosed injury or illness that is 
recordable under the general criteria even if it does not result in 
death, days away from work, restricted work or job transfer, medical 
treatment beyond first aid, or loss of consciousness? Work-related cases 
involving cancer, chronic irreversible disease, a fractured or cracked 
bone, or a punctured eardrum must always be recorded under the general 
criteria at the time of diagnosis by a physician or other licensed 
health care professional.

    Note to Sec. 1904.7: OSHA believes that most significant injuries 
and illnesses will result in one of the criteria listed in 
Sec. 1904.7(a): death, days away from work, restricted work or job 
transfer, medical treatment beyond first aid, or loss of consciousness. 
However, there are some significant injuries, such as a punctured 
eardrum or a fractured toe or rib, for which neither medical treatment 
nor work restrictions may be recommended. In addition, there are some 
significant progressive diseases, such as byssinosis, silicosis, and 
some types of cancer, for which medical treatment or work restrictions 
may not be recommended at the time of diagnosis but are likely to be 
recommended as the disease progresses. OSHA believes that cancer, 
chronic irreversible diseases, fractured or cracked bones, and punctured 
eardrums are generally considered significant injuries and illnesses, 
and must be recorded at the initial diagnosis even if medical treatment 
or work restrictions are not recommended, or are postponed, in a 
particular case.

Sec. 1904.8  Recording criteria for needlestick and sharps injuries.

    (a) Basic requirement. You must record all work-related needlestick 
injuries and cuts from sharp objects that are contaminated with another 
person's blood or other potentially infectious material (as defined by 
29 CFR 1910.1030). You must enter the case on the OSHA 300 Log as an 
injury. To protect the employee's privacy, you may not enter the 
employee's name on the OSHA 300 Log (see the requirements for privacy 
cases in paragraphs 1904.29(b)(6) through 1904.29(b)(9)).
    (b) Implementation. (1) What does ``other potentially infectious 
material'' mean? The term ``other potentially infectious materials'' is 
defined in the OSHA Bloodborne Pathogens standard at Sec. 1910.1030(b). 
These materials include:
    (i) Human bodily fluids, tissues and organs, and
    (ii) Other materials infected with the HIV or hepatitis B (HBV) 
virus such as laboratory cultures or tissues from experimental animals.
    (2) Does this mean that I must record all cuts, lacerations, 
punctures, and scratches? No, you need to record cuts, lacerations, 
punctures, and scratches only if they are work-related and involve 
contamination with another person's blood or other potentially 
infectious material. If the cut, laceration, or scratch involves a clean 
object, or a contaminant other than blood or other potentially 
infectious material, you need to record the case only if it meets one or 
more of the recording criteria in Sec. 1904.7.
    (3) If I record an injury and the employee is later diagnosed with 
an infectious bloodborne disease, do I need to update the OSHA 300 Log? 
Yes, you must update the classification of the case on the OSHA 300 Log 
if the case results in death, days away from work, restricted work, or 
job transfer. You must also update the description to identify the 
infectious disease and change the classification of the case from an 
injury to an illness.
    (4) What if one of my employees is splashed or exposed to blood or 
other potentially infectious material without being cut or scratched? Do 
I need to record this incident? You need to record such an incident on 
the OSHA 300 Log as an illness if:
    (i) It results in the diagnosis of a bloodborne illness, such as 
HIV, hepatitis B, or hepatitis C; or
    (ii) It meets one or more of the recording criteria in Sec. 1904.7.

Sec. 1904.9  Recording criteria for cases involving medical removal 
          under OSHA standards.

    (a) Basic requirement. If an employee is medically removed under the 
medical surveillance requirements of an OSHA standard, you must record 
the case on the OSHA 300 Log.
    (b) Implementation. (1) How do I classify medical removal cases on 
the OSHA 300 Log? You must enter each medical removal case on the OSHA 
300 Log as either a case involving days away from work or a case 
involving restricted work activity, depending on how you decide to 
comply with the medical removal requirement. If the medical removal is 
the result of a chemical exposure, you must enter the case on the OSHA 
300 Log by checking the ``poisoning'' column.
    (2) Do all of OSHA's standards have medical removal provisions? No, 
some OSHA standards, such as the standards covering bloodborne pathogens 
and noise, do not have medical removal provisions. Many OSHA standards 
that cover specific chemical substances have medical removal provisions. 
These standards include, but are not limited

[[Page 60]]

to, lead, cadmium, methylene chloride, formaldehyde, and benzene.
    (3) Do I have to record a case where I voluntarily removed the 
employee from exposure before the medical removal criteria in an OSHA 
standard are met? No, if the case involves voluntary medical removal 
before the medical removal levels required by an OSHA standard, you do 
not need to record the case on the OSHA 300 Log.

Sec. 1904.10  Recording criteria for cases involving occupational 
          hearing loss.

    (a) Basic requirement. If an employee's hearing test (audiogram) 
reveals that a Standard Threshold Shift (STS) has occurred, you must 
record the case on the OSHA 300 Log by checking the ``hearing loss'' 
column.
    (b) Implementation. (1) What is a Standard Threshold Shift? A 
Standard Threshold Shift, or STS, is defined in the occupational noise 
exposure standard at 29 CFR 1910.95(c)(10)(i) as a change in hearing 
threshold, relative to the most recent audiogram for that employee, of 
an average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz in 
one or both ears.
    (2) How do I determine whether an STS has occurred? If the employee 
has never previously experienced a recordable hearing loss, you must 
compare the employee's current audiogram with that employee's baseline 
audiogram. If the employee has previously experienced a recordable 
hearing loss, you must compare the employee's current audiogram with the 
employee's revised baseline audiogram (the audiogram reflecting the 
employee's previous recordable hearing loss case).
    (3) May I adjust the audiogram results to reflect the effects of 
aging on hearing? Yes, when comparing audiogram results, you may adjust 
the results for the employee's age when the audiogram was taken using 
Tables F-1 or F-2, as appropriate, in Appendix F of 29 CFR 1910.95.
    (4) Do I have to record the hearing loss if I am going to retest the 
employee's hearing? No, if you retest the employee's hearing within 30 
days of the first test, and the retest does not confirm the STS, you are 
not required to record the hearing loss case on the OSHA 300 Log. If the 
retest confirms the STS, you must record the hearing loss illness within 
seven (7) calendar days of the retest.
    (5) Are there any special rules for determining whether a hearing 
loss case is work-related? Yes, hearing loss is presumed to be work-
related if the employee is exposed to noise in the workplace at an 8-
hour time-weighted average of 85 dBA or greater, or to a total noise 
dose of 50 percent, as defined in 29 CFR 1910.95. For hearing loss cases 
where the employee is not exposed to this level of noise, you must use 
the rules in Sec. 1904.5 to determine if the hearing loss is work-
related.
    (6) If a physician or other licensed health care professional 
determines the hearing loss is not work-related, do I still need to 
record the case? If a physician or other licensed health care 
professional determines that the hearing loss is not work-related or has 
not been significantly aggravated by occupational noise exposure, you 
are not required to consider the case work-related or to record the case 
on the OSHA 300 Log.

Sec. 1904.11  Recording criteria for work-related tuberculosis cases.

    (a) Basic requirement. If any of your employees has been 
occupationally exposed to anyone with a known case of active 
tuberculosis (TB), and that employee subsequently develops a 
tuberculosis infection, as evidenced by a positive skin test or 
diagnosis by a physician or other licensed health care professional, you 
must record the case on the OSHA 300 Log by checking the ``respiratory 
condition'' column.
    (b) Implementation. (1) Do I have to record, on the Log, a positive 
TB skin test result obtained at a pre-employment physical? No, you do 
not have to record it because the employee was not occupationally 
exposed to a known case of active tuberculosis in your workplace.
    (2) May I line-out or erase a recorded TB case if I obtain evidence 
that the case was not caused by occupational exposure? Yes, you may 
line-out or erase the case from the Log under the following 
circumstances:
    (i) The worker is living in a household with a person who has been 
diagnosed with active TB;
    (ii) The Public Health Department has identified the worker as a 
contact of an individual with a case of active TB unrelated to the 
workplace; or
    (iii) A medical investigation shows that the employee's infection 
was caused by exposure to TB away from work, or proves that the case was 
not related to the workplace TB exposure.

Sec. 1904.12  Recording criteria for cases involving work-related 
          musculoskeletal disorders.

    (a) Basic requirement. If any of your employees experiences a 
recordable work-related musculoskeletal disorder (MSD), you must record 
it on the OSHA 300 Log by checking the ``musculoskeletal disorder'' 
column.
    (b) Implementation. (1) What is a ``musculoskeletal disorder'' or 
MSD? Musculoskeletal disorders (MSDs) are disorders of the muscles, 
nerves, tendons, ligaments, joints, cartilage and spinal discs. MSDs do 
not include disorders caused by slips, trips, falls, motor vehicle 
accidents, or other similar accidents. Examples of MSDs include: Carpal 
tunnel syndrome, Rotator cuff syndrome, De Quervain's disease, Trigger 
finger, Tarsal

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tunnel syndrome, Sciatica, Epicondylitis, Tendinitis, Raynaud's 
phenomenon, Carpet layers knee, Herniated spinal disc, and Low back 
pain.
    (2) How do I decide which musculoskeletal disorders to record? There 
are no special criteria for determining which musculoskeletal disorders 
to record. An MSD case is recorded using the same process you would use 
for any other injury or illness. If a musculoskeletal disorder is work-
related, and is a new case, and meets one or more of the general 
recording criteria, you must record the musculoskeletal disorder. The 
following table will guide you to the appropriate section of the rule 
for guidance on recording MSD cases.
    (i) Determining if the MSD is work-related. See Sec. 1904.5.
    (ii) Determining if the MSD is a new case. See Sec. 1904.6.
    (iii) Determining if the MSD meets one or more of the general 
recording criteria:
    (A) Days away from work, see Sec. 1904.7(b)(3).
    (B) Restricted work or transfer to another job, or see 
Sec. 1904.7(b)(4).
    (C) Medical treatment beyond first aid. See Sec. 1904.7(b)(5).
    (3) If a work-related MSD case involves only subjective symptoms 
like pain or tingling, do I have to record it as a musculoskeletal 
disorder? The symptoms of an MSD are treated the same as symptoms for 
any other injury or illness. If an employee has pain, tingling, burning, 
numbness or any other subjective symptom of an MSD, and the symptoms are 
work-related, and the case is a new case that meets the recording 
criteria, you must record the case on the OSHA 300 Log as a 
musculoskeletal disorder.

Secs. 1904.13-1904.28  [Reserved]

Sec. 1904.29  Forms

    (a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms, 
or equivalent forms, for recordable injuries and illnesses. The OSHA 300 
form is called the Log of Work-Related Injuries and Illnesses, the 300-A 
is the Summary of Work-Related Injuries and Illnesses, and the OSHA 301 
form is called the Injury and Illness Incident Report.
    (b) Implementation. (1) What do I need to do to complete the OSHA 
300 Log? You must enter information about your business at the top of 
the OSHA 300 Log, enter a one or two line description for each 
recordable injury or illness, and summarize this information on the OSHA 
300-A at the end of the year.
    (2) What do I need to do to complete the OSHA 301 Incident Report? 
You must complete an OSHA 301 Incident Report form, or an equivalent 
form, for each recordable injury or illness entered on the OSHA 300 Log.
    (3) How quickly must each injury or illness be recorded? You must 
enter each recordable injury or illness on the OSHA 300 Log and 301 
Incident Report within seven (7) calendar days of receiving information 
that a recordable injury or illness has occurred.
    (4) What is an equivalent form? An equivalent form is one that has 
the same information, is as readable and understandable, and is 
completed using the same instructions as the OSHA form it replaces. Many 
employers use an insurance form instead of the OSHA 301 Incident Report, 
or supplement an insurance form by adding any additional information 
required by OSHA.
    (5) May I keep my records on a computer? Yes, if the computer can 
produce equivalent forms when they are needed, as described under 
Secs. 1904.35 and 1904.40, you may keep your records using the computer 
system.
    (6) Are there situations where I do not put the employee's name on 
the forms for privacy reasons? Yes, if you have a ``privacy concern 
case,'' you may not enter the employee's name on the OSHA 300 Log. 
Instead, enter ``privacy case'' in the space normally used for the 
employee's name. This will protect the privacy of the injured or ill 
employee when another employee, a former employee, or an authorized 
employee representative is provided access to the OSHA 300 Log under 
Sec. 1904.35(b)(2). You must keep a separate, confidential list of the 
case numbers and employee names for your privacy concern cases so you 
can update the cases and provide the information to the government if 
asked to do so.
    (7) How do I determine if an injury or illness is a privacy concern 
case? You must consider the following injuries or illnesses to be 
privacy concern cases:
    (i) An injury or illness to an intimate body part or the 
reproductive system;
    (ii) An injury or illness resulting from a sexual assault;
    (iii) Mental illnesses;
    (iv) HIV infection, hepatitis, or tuberculosis;
    (v) Needlestick injuries and cuts from sharp objects that are 
contaminated with another person's blood or other potentially infectious 
material (see Sec. 1904.8 for definitions); and
    (vi) Other illnesses, if the employee independently and voluntarily 
requests that his or her name not be entered on the log. Musculoskeletal 
disorders (MSDs) are not considered privacy concern cases.
    (8) May I classify any other types of injuries and illnesses as 
privacy concern cases? No, this is a complete list of all injuries and 
illnesses considered privacy concern cases for Part 1904 purposes.
    (9) If I have removed the employee's name, but still believe that 
the employee may be identified from the information on the forms, is 
there anything else that I can do to further protect the employee's 
privacy? Yes, if you have a reasonable basis to believe that information 
describing the privacy concern case may be

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personally identifiable even though the employee's name has been 
omitted, you may use discretion in describing the injury or illness on 
both the OSHA 300 and 301 forms. You must enter enough information to 
identify the cause of the incident and the general severity of the 
injury or illness, but you do not need to include details of an intimate 
or private nature. For example, a sexual assault case could be described 
as ``injury from assault,'' or an injury to a reproductive organ could 
be described as ``lower abdominal injury.''
    (10) What must I do to protect employee privacy if I wish to provide 
access to the OSHA Forms 300 and 301 to persons other than government 
representatives, employees, former employees or authorized 
representatives? If you decide to voluntarily disclose the Forms to 
persons other than government representatives, employees, former 
employees or authorized representatives (as required by Secs. 1904.35 
and 1904.40), you must remove or hide the employees' names and other 
personally identifying information, except for the following cases. You 
may disclose the Forms with personally identifying information only:
    (i) to an auditor or consultant hired by the employer to evaluate 
the safety and health program;
    (ii) to the extent necessary for processing a claim for workers' 
compensation or other insurance benefits; or
    (iii) to a public health authority or law enforcement agency for 
uses and disclosures for which consent, an authorization, or opportunity 
to agree or object is not required under Department of Health and Human 
Services Standards for Privacy of Individually Identifiable Health 
Information, 45 CFR 164.512.

   Subpart D--Other OSHA Injury and Illness Recordkeeping Requirements

Sec. 1904.30  Multiple business establishments.

    (a) Basic requirement. You must keep a separate OSHA 300 Log for 
each establishment that is expected to be in operation for one year or 
longer.
    (b) Implementation. (1) Do I need to keep OSHA injury and illness 
records for short-term establishments (i.e., establishments that will 
exist for less than a year)? Yes, however, you do not have to keep a 
separate OSHA 300 Log for each such establishment. You may keep one OSHA 
300 Log that covers all of your short-term establishments. You may also 
include the short-term establishments' recordable injuries and illnesses 
on an OSHA 300 Log that covers short-term establishments for individual 
company divisions or geographic regions.
    (2) May I keep the records for all of my establishments at my 
headquarters location or at some other central location? Yes, you may 
keep the records for an establishment at your headquarters or other 
central location if you can:
    (i) Transmit information about the injuries and illnesses from the 
establishment to the central location within seven (7) calendar days of 
receiving information that a recordable injury or illness has occurred; 
and
    (ii) Produce and send the records from the central location to the 
establishment within the time frames required by Sec. 1904.35 and 
Sec. 1904.40 when you are required to provide records to a government 
representative, employees, former employees or employee representatives.
    (3) Some of my employees work at several different locations or do 
not work at any of my establishments at all. How do I record cases for 
these employees? You must link each of your employees with one of your 
establishments, for recordkeeping purposes. You must record the injury 
and illness on the OSHA 300 Log of the injured or ill employee's 
establishment, or on an OSHA 300 Log that covers that employee's short-
term establishment.
    (4) How do I record an injury or illness when an employee of one of 
my establishments is injured or becomes ill while visiting or working at 
another of my establishments, or while working away from any of my 
establishments? If the injury or illness occurs at one of your 
establishments, you must record the injury or illness on the OSHA 300 
Log of the establishment at which the injury or illness occurred. If the 
employee is injured or becomes ill and is not at one of your 
establishments, you must record the case on the OSHA 300 Log at the 
establishment at which the employee normally works.

Sec. 1904.31  Covered employees.

    (a) Basic requirement. You must record on the OSHA 300 Log the 
recordable injuries and illnesses of all employees on your payroll, 
whether they are labor, executive, hourly, salary, part-time, seasonal, 
or migrant workers. You also must record the recordable injuries and 
illnesses that occur to employees who are not on your payroll if you 
supervise these employees on a day-to-day basis. If your business is 
organized as a sole proprietorship or partnership, the owner or partners 
are not considered employees for recordkeeping purposes.
    (b) Implementation. (1) If a self-employed person is injured or 
becomes ill while doing work at my business, do I need to record the 
injury or illness? No, self-employed individuals are not covered by the 
OSH Act or this regulation.
    (2) If I obtain employees from a temporary help service, employee 
leasing service, or personnel supply service, do I have to record an 
injury or illness occurring to one of those employees? You must record 
these injuries and illnesses if you supervise these employees on a day-
to-day basis.
    (3) If an employee in my establishment is a contractor's employee, 
must I record an injury

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or illness occurring to that employee? If the contractor's employee is 
under the day-to-day supervision of the contractor, the contractor is 
responsible for recording the injury or illness. If you supervise the 
contractor employee's work on a day-to-day basis, you must record the 
injury or illness.
    (4) Must the personnel supply service, temporary help service, 
employee leasing service, or contractor also record the injuries or 
illnesses occurring to temporary, leased or contract employees that I 
supervise on a day-to-day basis? No, you and the temporary help service, 
employee leasing service, personnel supply service, or contractor should 
coordinate your efforts to make sure that each injury and illness is 
recorded only once: either on your OSHA 300 Log (if you provide day-to-
day supervision) or on the other employer's OSHA 300 Log (if that 
company provides day-to-day supervision).

Sec. 1904.32  Annual summary.

    (a) Basic requirement. At the end of each calendar year, you must:
    (1) Review the OSHA 300 Log to verify that the entries are complete 
and accurate, and correct any deficiencies identified;
    (2) Create an annual summary of injuries and illnesses recorded on 
the OSHA 300 Log;
    (3) Certify the summary; and
    (4) Post the annual summary.
    (b) Implementation. (1) How extensively do I have to review the OSHA 
300 Log entries at the end of the year? You must review the entries as 
extensively as necessary to make sure that they are complete and 
correct.
    (2) How do I complete the annual summary? You must:
    (i) Total the columns on the OSHA 300 Log (if you had no recordable 
cases, enter zeros for each column total); and
    (ii) Enter the calendar year covered, the company's name, 
establishment name, establishment address, annual average number of 
employees covered by the OSHA 300 Log, and the total hours worked by all 
employees covered by the OSHA 300 Log.
    (iii) If you are using an equivalent form other than the OSHA 300-A 
summary form, as permitted under Sec. 1904.6(b)(4), the summary you use 
must also include the employee access and employer penalty statements 
found on the OSHA 300-A Summary form.
    (3) How do I certify the annual summary? A company executive must 
certify that he or she has examined the OSHA 300 Log and that he or she 
reasonably believes, based on his or her knowledge of the process by 
which the information was recorded, that the annual summary is correct 
and complete.
    (4) Who is considered a company executive? The company executive who 
certifies the log must be one of the following persons:
    (i) An owner of the company (only if the company is a sole 
proprietorship or partnership);
    (ii) An officer of the corporation;
    (iii) The highest ranking company official working at the 
establishment; or
    (iv) The immediate supervisor of the highest ranking company 
official working at the establishment.
    (5) How do I post the annual summary? You must post a copy of the 
annual summary in each establishment in a conspicuous place or places 
where notices to employees are customarily posted. You must ensure that 
the posted annual summary is not altered, defaced or covered by other 
material.
    (6) When do I have to post the annual summary? You must post the 
summary no later than February 1 of the year following the year covered 
by the records and keep the posting in place until April 30.

Sec. 1904.33  Retention and updating.

    (a) Basic requirement. You must save the OSHA 300 Log, the privacy 
case list (if one exists), the annual summary, and the OSHA 301 Incident 
Report forms for five (5) years following the end of the calendar year 
that these records cover.
    (b) Implementation. (1) Do I have to update the OSHA 300 Log during 
the five-year storage period? Yes, during the storage period, you must 
update your stored OSHA 300 Logs to include newly discovered recordable 
injuries or illnesses and to show any changes that have occurred in the 
classification of previously recorded injuries and illnesses. If the 
description or outcome of a case changes, you must remove or line out 
the original entry and enter the new information.
    (2) Do I have to update the annual summary? No, you are not required 
to update the annual summary, but you may do so if you wish.
    (3) Do I have to update the OSHA 301 Incident Reports? No, you are 
not required to update the OSHA 301 Incident Reports, but you may do so 
if you wish.

Sec. 1904.34  Change in business ownership.

    If your business changes ownership, you are responsible for 
recording and reporting work-related injuries and illnesses only for 
that period of the year during which you owned the establishment. You 
must transfer the Part 1904 records to the new owner. The new owner must 
save all records of the establishment kept by the prior owner, as 
required by Sec. 1904.33 of this Part, but need not update or correct 
the records of the prior owner.

Sec. 1904.35  Employee involvement.

    (a) Basic requirement. Your employees and their representatives must 
be involved in the recordkeeping system in several ways.

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    (1) You must inform each employee of how he or she is to report an 
injury or illness to you.
    (2) You must provide limited access to your injury and illness 
records for your employees and their representatives.
    (b) Implementation. (1) What must I do to make sure that employees 
report work-related injuries and illnesses to me?
    (i) You must set up a way for employees to report work-related 
injuries and illnesses promptly; and
    (ii) You must tell each employee how to report work-related injuries 
and illnesses to you.
    (2) Do I have to give my employees and their representatives access 
to the OSHA injury and illness records? Yes, your employees, former 
employees, their personal representatives, and their authorized employee 
representatives have the right to access the OSHA injury and illness 
records, with some limitations, as discussed below.
    (i) Who is an authorized employee representative? An authorized 
employee representative is an authorized collective bargaining agent of 
employees.
    (ii) Who is a ``personal representative'' of an employee or former 
employee? A personal representative is:
    (A) Any person that the employee or former employee designates as 
such, in writing; or
    (B) The legal representative of a deceased or legally incapacitated 
employee or former employee.
    (iii) If an employee or representative asks for access to the OSHA 
300 Log, when do I have to provide it? When an employee, former 
employee, personal representative, or authorized employee representative 
asks for copies of your current or stored OSHA 300 Log(s) for an 
establishment the employee or former employee has worked in, you must 
give the requester a copy of the relevant OSHA 300 Log(s) by the end of 
the next business day.
    (iv) May I remove the names of the employees or any other 
information from the OSHA 300 Log before I give copies to an employee, 
former employee, or employee representative? No, you must leave the 
names on the 300 Log. However, to protect the privacy of injured and ill 
employees, you may not record the employee's name on the OSHA 300 Log 
for certain ``privacy concern cases,'' as specified in paragraphs 
1904.29(b)(6) through 1904.29(b)(9).
    (v) If an employee or representative asks for access to the OSHA 301 
Incident Report, when do I have to provide it?
    (A) When an employee, former employee, or personal representative 
asks for a copy of the OSHA 301 Incident Report describing an injury or 
illness to that employee or former employee, you must give the requester 
a copy of the OSHA 301 Incident Report containing that information by 
the end of the next business day.
    (B) When an authorized employee representative asks for a copies of 
the OSHA 301 Incident Reports for an establishment where the agent 
represents employees under a collective bargaining agreement, you must 
give copies of those forms to the authorized employee representative 
within 7 calendar days. You are only required to give the authorized 
employee representative information from the OSHA 301 Incident Report 
section titled ``Tell us about the case.'' You must remove all other 
information from the copy of the OSHA 301 Incident Report or the 
equivalent substitute form that you give to the authorized employee 
representative.
    (vi) May I charge for the copies? No, you may not charge for these 
copies the first time they are provided. However, if one of the 
designated persons asks for additional copies, you may assess a 
reasonable charge for retrieving and copying the records.

Sec. 1904.36  Prohibition against discrimination.

    Section 11(c) of the Act prohibits you from discriminating against 
an employee for reporting a work-related fatality, injury or illness. 
That provision of the Act also protects the employee who files a safety 
and health complaint, asks for access to the Part 1904 records, or 
otherwise exercises any rights afforded by the OSH Act.

Sec. 1904.37  State recordkeeping regulations.

    (a) Basic requirement. Some States operate their own OSHA programs, 
under the authority of a State Plan approved by OSHA. States operating 
OSHA-approved State Plans must have occupational injury and illness 
recording and reporting requirements that are substantially identical to 
the requirements in this Part (see 29 CFR 1902.3(k), 29 CFR 1952.4 and 
29 CFR 1956.10(i)).
    (b) Implementation. (1) State-Plan States must have the same 
requirements as Federal OSHA for determining which injuries and 
illnesses are recordable and how they are recorded.
    (2) For other Part 1904 provisions (for example, industry 
exemptions, reporting of fatalities and hospitalizations, record 
retention, or employee involvement), State-Plan State requirements may 
be more stringent than or supplemental to the Federal requirements, but 
because of the unique nature of the national recordkeeping program, 
States must consult with and obtain approval of any such requirements.
    (3) Although State and local government employees are not covered 
Federally, all State-Plan States must provide coverage, and must develop 
injury and illness statistics, for these workers. State Plan recording 
and reporting requirements for State and local government entities may 
differ from those for the private sector but must meet

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the requirements of paragraphs 1904.37(b)(1) and (b)(2).
    (4) A State-Plan State may not issue a variance to a private sector 
employer and must recognize all variances issued by Federal OSHA.
    (5) A State Plan State may only grant an injury and illness 
recording and reporting variance to a State or local government employer 
within the State after obtaining approval to grant the variance from 
Federal OSHA.

Sec. 1904.38  Variances from the recordkeeping rule.

    (a) Basic requirement. If you wish to keep records in a different 
manner from the manner prescribed by the Part 1904 regulations, you may 
submit a variance petition to the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, Washington, DC 
20210. You can obtain a variance only if you can show that your 
alternative recordkeeping system:
    (1) Collects the same information as this Part requires;
    (2) Meets the purposes of the Act; and
    (3) Does not interfere with the administration of the Act.
    (b) Implementation. (1) What do I need to include in my variance 
petition? You must include the following items in your petition:
    (i) Your name and address;
    (ii) A list of the State(s) where the variance would be used;
    (iii) The address(es) of the business establishment(s) involved;
    (iv) A description of why you are seeking a variance;
    (v) A description of the different recordkeeping procedures you 
propose to use;
    (vi) A description of how your proposed procedures will collect the 
same information as would be collected by this Part and achieve the 
purpose of the Act; and
    (vii) A statement that you have informed your employees of the 
petition by giving them or their authorized representative a copy of the 
petition and by posting a statement summarizing the petition in the same 
way as notices are posted under Sec. 1903.2(a).
    (2) How will the Assistant Secretary handle my variance petition? 
The Assistant Secretary will take the following steps to process your 
variance petition.
    (i) The Assistant Secretary will offer your employees and their 
authorized representatives an opportunity to submit written data, views, 
and arguments about your variance petition.
    (ii) The Assistant Secretary may allow the public to comment on your 
variance petition by publishing the petition in the Federal Register. If 
the petition is published, the notice will establish a public comment 
period and may include a schedule for a public meeting on the petition.
    (iii) After reviewing your variance petition and any comments from 
your employees and the public, the Assistant Secretary will decide 
whether or not your proposed recordkeeping procedures will meet the 
purposes of the Act, will not otherwise interfere with the Act, and will 
provide the same information as the Part 1904 regulations provide. If 
your procedures meet these criteria, the Assistant Secretary may grant 
the variance subject to such conditions as he or she finds appropriate.
    (iv) If the Assistant Secretary grants your variance petition, OSHA 
will publish a notice in the Federal Register to announce the variance. 
The notice will include the practices the variance allows you to use, 
any conditions that apply, and the reasons for allowing the variance.
    (3) If I apply for a variance, may I use my proposed recordkeeping 
procedures while the Assistant Secretary is processing the variance 
petition? No, alternative recordkeeping practices are only allowed after 
the variance is approved. You must comply with the Part 1904 regulations 
while the Assistant Secretary is reviewing your variance petition.
    (4) If I have already been cited by OSHA for not following the Part 
1904 regulations, will my variance petition have any effect on the 
citation and penalty? No, in addition, the Assistant Secretary may elect 
not to review your variance petition if it includes an element for which 
you have been cited and the citation is still under review by a court, 
an Administrative Law Judge (ALJ), or the OSH Review Commission.
    (5) If I receive a variance, may the Assistant Secretary revoke the 
variance at a later date? Yes, the Assistant Secretary may revoke your 
variance if he or she has good cause. The procedures revoking a variance 
will follow the same process as OSHA uses for reviewing variance 
petitions, as outlined in paragraph 1904.38(b)(2). Except in cases of 
willfulness or where necessary for public safety, the Assistant 
Secretary will:
    (i) Notify you in writing of the facts or conduct that may warrant 
revocation of your variance; and
    (ii) Provide you, your employees, and authorized employee 
representatives with an opportunity to participate in the revocation 
procedures.

  Subpart E--Reporting Fatality, Injury and Illness Information to the 
                               Government

Sec. 1904.39  Reporting fatalities and multiple hospitalization 
          incidents to OSHA.

    (a) Basic requirement. Within eight (8) hours after the death of any 
employee from a work-related incident or the in-patient hospitalization 
of three or more employees as a result of a work-related incident, you 
must

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orally report the fatality/multiple hospitalization by telephone or in 
person to the Area Office of the Occupational Safety and Health 
Administration (OSHA), U.S. Department of Labor, that is nearest to the 
site of the incident. You may also use the OSHA toll-free central 
telephone number, 1-800-321-OSHA (1-800-321-6742).
    (b) Implementation. (1) If the Area Office is closed, may I report 
the incident by leaving a message on OSHA's answering machine, faxing 
the area office, or sending an e-mail? No, if you can't talk to a person 
at the Area Office, you must report the fatality or multiple 
hospitalization incident using the 800 number.
    (2) What information do I need to give to OSHA about the incident? 
You must give OSHA the following information for each fatality or 
multiple hospitalization incident:
    (i) The establishment name;
    (ii) The location of the incident;
    (iii) The time of the incident;
    (iv) The number of fatalities or hospitalized employees;
    (v) The names of any injured employees;
    (vi) Your contact person and his or her phone number; and
    (vii) A brief description of the incident.
    (3) Do I have to report every fatality or multiple hospitalization 
incident resulting from a motor vehicle accident? No, you do not have to 
report all of these incidents. If the motor vehicle accident occurs on a 
public street or highway, and does not occur in a construction work 
zone, you do not have to report the incident to OSHA. However, these 
injuries must be recorded on your OSHA injury and illness records, if 
you are required to keep such records.
    (4) Do I have to report a fatality or multiple hospitalization 
incident that occurs on a commercial or public transportation system? 
No, you do not have to call OSHA to report a fatality or multiple 
hospitalization incident if it involves a commercial airplane, train, 
subway or bus accident. However, these injuries must be recorded on your 
OSHA injury and illness records, if you are required to keep such 
records.
    (5) Do I have to report a fatality caused by a heart attack at work? 
Yes, your local OSHA Area Office director will decide whether to 
investigate the incident, depending on the circumstances of the heart 
attack.
    (6) Do I have to report a fatality or hospitalization that occurs 
long after the incident? No, you must only report each fatality or 
multiple hospitalization incident that occurs within thirty (30) days of 
an incident.
    (7) What if I don't learn about an incident right away? If you do 
not learn of a reportable incident at the time it occurs and the 
incident would otherwise be reportable under paragraphs (a) and (b) of 
this section, you must make the report within eight (8) hours of the 
time the incident is reported to you or to any of your agent(s) or 
employee(s).

Sec. 1904.40  Providing records to government representatives.

    (a) Basic requirement. When an authorized government representative 
asks for the records you keep under Part 1904, you must provide copies 
of the records within four (4) business hours.
    (b) Implementation. (1) What government representatives have the 
right to get copies of my Part 1904 records? The government 
representatives authorized to receive the records are:
    (i) A representative of the Secretary of Labor conducting an 
inspection or investigation under the Act;
    (ii) A representative of the Secretary of Health and Human Services 
(including the National Institute for Occupational Safety and Health--
NIOSH) conducting an investigation under section 20(b) of the Act, or
    (iii) A representative of a State agency responsible for 
administering a State plan approved under section 18 of the Act.
    (2) Do I have to produce the records within four (4) hours if my 
records are kept at a location in a different time zone? OSHA will 
consider your response to be timely if you give the records to the 
government representative within four (4) business hours of the request. 
If you maintain the records at a location in a different time zone, you 
may use the business hours of the establishment at which the records are 
located when calculating the deadline.

Sec. 1904.41  Annual OSHA injury and illness survey of ten or more 
          employers.

    (a) Basic requirement. If you receive OSHA's annual survey form, you 
must fill it out and send it to OSHA or OSHA's designee, as stated on 
the survey form. You must report the following information for the year 
described on the form:
    (1) the number of workers you employed;
    (2) the number of hours worked by your employees; and
    (3) the requested information from the records that you keep under 
Part 1904.
    (b) Implementation. (1) Does every employer have to send data to 
OSHA? No, each year, OSHA sends injury and illness survey forms to 
employers in certain industries. In any year, some employers will 
receive an OSHA survey form and others will not. You do not have to send 
injury and illness data to OSHA unless you receive a survey form.
    (2) How quickly do I need to respond to an OSHA survey form? You 
must send the survey reports to OSHA, or OSHA's designee, by mail or 
other means described in the survey form, within 30 calendar days, or by 
the date stated in the survey form, whichever is later.
    (3) Do I have to respond to an OSHA survey form if I am normally 
exempt from keeping OSHA injury and illness records? Yes, even if you 
are exempt from keeping injury and illness records under Sec. 1904.1 to 
Sec. 1904.3, OSHA may inform you in writing that it will be

[[Page 67]]

collecting injury and illness information from you in the following 
year. If you receive such a letter, you must keep the injury and illness 
records required by Sec. 1904.5 to Sec. 1904.15 and make a survey report 
for the year covered by the survey.
    (4) Do I have to answer the OSHA survey form if I am located in a 
State-Plan State? Yes, all employers who receive survey forms must 
respond to the survey, even those in State-Plan States.
    (5) Does this section affect OSHA's authority to inspect my 
workplace? No, nothing in this section affects OSHA's statutory 
authority to investigate conditions related to occupational safety and 
health.

Sec. 1904.42  Requests from the Bureau of Labor Statistics for data.

    (a) Basic requirement. If you receive a Survey of Occupational 
Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), 
or a BLS designee, you must promptly complete the form and return it 
following the instructions contained on the survey form.
    (b) Implementation. (1) Does every employer have to send data to the 
BLS? No, each year, the BLS sends injury and illness survey forms to 
randomly selected employers and uses the information to create the 
Nation's occupational injury and illness statistics. In any year, some 
employers will receive a BLS survey form and others will not. You do not 
have to send injury and illness data to the BLS unless you receive a 
survey form.
    (2) If I get a survey form from the BLS, what do I have to do? If 
you receive a Survey of Occupational Injuries and Illnesses Form from 
the Bureau of Labor Statistics (BLS), or a BLS designee, you must 
promptly complete the form and return it, following the instructions 
contained on the survey form.
    (3) Do I have to respond to a BLS survey form if I am normally 
exempt from keeping OSHA injury and illness records? Yes, even if you 
are exempt from keeping injury and illness records under Sec. 1904.1 to 
Sec. 1904.3, the BLS may inform you in writing that it will be 
collecting injury and illness information from you in the coming year. 
If you receive such a letter, you must keep the injury and illness 
records required by Sec. 1904.5 to Sec. 1904.15 and make a survey report 
for the year covered by the survey.
    (4) Do I have to answer the BLS survey form if I am located in a 
State-Plan State? Yes, all employers who receive a survey form must 
respond to the survey, even those in State-Plan States.

               Subpart F--Transition From the Former Rule

Sec. 1904.43  Summary and posting of the 2001 data.

    (a) Basic requirement. If you were required to keep OSHA 200 Logs in 
2001, you must post a 2000 annual summary from the OSHA 200 Log of 
occupational injuries and illnesses for each establishment.
    (b) Implementation. (1) What do I have to include in the summary?
    (i) You must include a copy of the totals from the 2001 OSHA 200 Log 
and the following information from that form:
    (A) The calendar year covered;
    (B) Your company name;
    (C) The name and address of the establishment; and
    (D) The certification signature, title and date.
    (ii) If no injuries or illnesses occurred at your establishment in 
2001, you must enter zeros on the totals line and post the 2001 summary.
    (2) When am I required to summarize and post the 2001 information?
    (i) You must complete the summary by February 1, 2002; and
    (ii) You must post a copy of the summary in each establishment in a 
conspicuous place or places where notices to employees are customarily 
posted. You must ensure that the summary is not altered, defaced or 
covered by other material.
    (3) You must post the 2001 summary from February 1, 2002 to March 1, 
2002.

Sec. 1904.44  Retention and updating of old forms.

    You must save your copies of the OSHA 200 and 101 forms for five 
years following the year to which they relate and continue to provide 
access to the data as though these forms were the OSHA 300 and 301 
forms. You are not required to update your old 200 and 101 forms.

Sec. 1904.45  OMB control numbers under the Paperwork Reduction Act

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

------------------------------------------------------------------------
                                                                  OMB
                       29 CFR citation                          Control
                                                                  No.
------------------------------------------------------------------------
1904.4-35...................................................   1218-0176
1904.39-41..................................................   1218-0176
1904.42.....................................................   1220-0045
1904.43-44..................................................   1218-0176
------------------------------------------------------------------------


[[Page 68]]

                         Subpart G--Definitions

Sec. 1904.46  Definitions

    The Act. The Act means the Occupational Safety and Health Act of 
1970 (29 U.S.C. 651 et seq.). The definitions contained in section 3 of 
the Act (29 U.S.C. 652) and related interpretations apply to such terms 
when used in this Part 1904.
    Establishment. An establishment is a single physical location where 
business is conducted or where services or industrial operations are 
performed. For activities where employees do not work at a single 
physical location, such as construction; transportation; communications, 
electric, gas and sanitary services; and similar operations, the 
establishment is represented by main or branch offices, terminals, 
stations, etc. that either supervise such activities or are the base 
from which personnel carry out these activities.
    (1) Can one business location include two or more establishments? 
Normally, one business location has only one establishment. Under 
limited conditions, the employer may consider two or more separate 
businesses that share a single location to be separate establishments. 
An employer may divide one location into two or more establishments only 
when:
    (i) Each of the establishments represents a distinctly separate 
business;
    (ii) Each business is engaged in a different economic activity;
    (iii) No one industry description in the Standard Industrial 
Classification Manual (1987) applies to the joint activities of the 
establishments; and
    (iv) Separate reports are routinely prepared for each establishment 
on the number of employees, their wages and salaries, sales or receipts, 
and other business information. For example, if an employer operates a 
construction company at the same location as a lumber yard, the employer 
may consider each business to be a separate establishment.
    (2) Can an establishment include more than one physical location? 
Yes, but only under certain conditions. An employer may combine two or 
more physical locations into a single establishment only when:
    (i) The employer operates the locations as a single business 
operation under common management;
    (ii) The locations are all located in close proximity to each other; 
and
    (iii) The employer keeps one set of business records for the 
locations, such as records on the number of employees, their wages and 
salaries, sales or receipts, and other kinds of business information. 
For example, one manufacturing establishment might include the main 
plant, a warehouse a few blocks away, and an administrative services 
building across the street.
    (3) If an employee telecommutes from home, is his or her home 
considered a separate establishment? No, for employees who telecommute 
from home, the employee's home is not a business establishment and a 
separate 300 Log is not required. Employees who telecommute must be 
linked to one of your establishments under Sec. 1904.30(b)(3).
    Injury or illness. An injury or illness is an abnormal condition or 
disorder. Injuries include cases such as, but not limited to, a cut, 
fracture, sprain, or amputation. Illnesses include both acute and 
chronic illnesses, such as, but not limited to, a skin disease, 
respiratory disorder, or poisoning. (Note: Injuries and illnesses are 
recordable only if they are new, work-related cases that meet one or 
more of the Part 1904 recording criteria.)
    Physician or Other Licensed Health Care Professional. A physician or 
other licensed health care professional is an individual whose legally 
permitted scope of practice (i.e., license, registration, or 
certification) allows him or her to independently perform, or be 
delegated the responsibility to perform, the activities described by 
this regulation.
    You. ``You'' means an employer as defined in Section 3 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 652).



PART 1905--RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970--Table of Contents




                           Subpart A--General

Sec.
1905.1  Purpose and scope.
1905.2  Definitions.
1905.3  Petitions for amendments to this part.
1905.4  Amendments to this part.
1905.5  Effect of variances.
1905.6  Public notice of a granted variance, limitation, variation, 
          tolerance, or exemption.
1905.7  Form of documents; subscription; copies.

    Subpart B--Applications for Variances, Limitations, Variations, 
                 Tolerances, Exemptions and Other Relief

1905.10  Variances and other relief under section 6(b)(6)(A).
1905.11  Variances and other relief under section 6(d).
1905.12  Limitations, variations, tolerances, or exemptions under 
          section 16.

[[Page 69]]

1905.13  Modification, revocation, and renewal of rules or orders.
1905.14  Action on applications.
1905.15  Requests for hearings on applications.
1905.16  Consolidation of proceedings.

                           Subpart C--Hearings

1905.20  Notice of hearing.
1905.21  Manner of service.
1905.22  Hearing examiners; powers and duties.
1905.23  Prehearing conferences.
1905.24  Consent findings and rules or orders.
1905.25  Discovery.
1905.26  Hearings.
1905.27  Decisions of hearing examiners.
1905.28  Exceptions.
1905.29  Transmission of record.
1905.30  Decision of the Assistant Secretary.

                      Subpart D--Summary Decisions

1905.40  Motion for summary decision.
1905.41  Summary decision.

                 Subpart E--Effect of Initial Decisions

1905.50  Effect of appeal of a hearing examiner's decision.
1905.51  Finality for purposes of judicial review.

    Authority: Secs. 6, 8, 16, Occupational Safety and Health Act of 
1970 (29 U.S.C. 655, 657, 665), Secretary of Labor's Order No. 12-71 (36 
FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736) as applicable.

    Source: 36 FR 12290, June 30, 1971, unless otherwise noted.



                           Subpart A--General



Sec. 1905.1  Purpose and scope.

    (a) This part contains rules of practice for administrative 
proceedings
    (1) To grant variances and other relief under sections 6(b)(6)(A) 
and 6(d) of the Williams-Steiger Occupational Safety and Health Act of 
1970, and
    (2) To provide limitations, variations, tolerances, and exemptions 
under section 16 of the Act.
    (b) These rules shall be construed to secure a prompt and just 
conclusion of proceedings subject thereto.
    (c) The rules of practice in this part do not apply to the granting 
of variances under section 6(b)(6)(C). Whenever appropriate, the 
procedure for granting such a variance shall be published in the Federal 
Register.



Sec. 1905.2  Definitions.

    As used in this part, unless the context clearly requires 
otherwise--
    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970.
    (b) Secretary means the Secretary of Labor.
    (c) Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    (d) Person means an individual, partnership, association, 
corporation, business trust, legal representative, and organized group 
of individuals, or an agency, authority, or instrumentality of the 
United States or of a State.
    (e) Party means a person admitted to participate in a hearing 
conducted in accordance with subpart C of this part. An applicant for 
relief and any affected employee shall be entitled to be named parties. 
The Department of Labor, represented by the Office of the Solicitor, 
shall be deemed to be a party without the necessity of being named.
    (f) Affected employee means an employee who would be affected by the 
grant or denial of a variance, limitation, variation, tolerance, or 
exemption, or any one of his authorized representatives, such as his 
collective bargaining agent.



Sec. 1905.3  Petitions for amendments to this part.

    Any person may at any time petition the Assistant Secretary in 
writing to revise, amend, or revoke any provisions of this part. The 
petition should set forth either the terms or the substance of the rule 
desired, with a concise statement of the reasons therefor and the 
effects thereof.



Sec. 1905.4  Amendments to this part.

    The Assistant Secretary may at any time revise, amend, or revoke any 
provisions of this part, on his own motion or upon the written petition 
of any person.



Sec. 1905.5  Effect of variances.

    All variances granted pursuant to this part shall have only future 
effect. In his discretion, the Assistant Secretary may decline to 
entertain an application for a variance on a subject or issue concerning 
which a citation has

[[Page 70]]

been issued to the employer involved and a proceeding on the citation or 
a related issue concerning a proposed penalty or period of abatement is 
pending before the Occupational Safety and Health Review Commission or 
appropriate State review authority until the completion of such 
proceeding.

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]



Sec. 1905.6  Public notice of a granted variance, limitation, variation, tolerance, or exemption.

    Every final action granting a variance, limitation, variation, 
tolerance, or exemption under this part shall be published in the 
Federal Register. Every such final action shall specify the alternative 
to the standard involved which the particular variance permits.



Sec. 1905.7  Form of documents; subscription; copies.

    (a) No particular form is prescribed for applications and other 
papers which may be filed in proceedings under this part. However, any 
applications and other papers shall be clearly legible. An original and 
six copies of any application or other papers shall be filed. The 
original shall be typewritten. Clear carbon copies, or printed or 
processed copies are acceptable copies.
    (b) Each application or other paper which is filed in proceedings 
under this part shall be subscribed by the person filing the same or by 
his attorney or other authorized representative.



    Subpart B--Applications for Variances, Limitations, Variations, 
                 Tolerances, Exemptions and Other Relief



Sec. 1905.10  Variances and other relief under section 6(b)(6)(A).

    (a) Application for variance. Any employer, or class of employers, 
desiring a variance from a standard, or portion thereof, authorized by 
section 6(b)(6)(A) of the Act may file a written application containing 
the information specified in paragraph (b) of this section with the 
Assistant Secretary for Occupational Safety and Health, U.S. Department 
of Labor, Washington, DC 20210.
    (b) Contents. An application filed pursuant to paragraph (a) of this 
section shall include:
    (1) The name and address of the applicant;
    (2) The address of the place or places of employment involved;
    (3) A specification of the standard or portion thereof from which 
the applicant seeks a variance;
    (4) A representation by the applicant, supported by representations 
from qualified persons having first-hand knowledge of the facts 
represented, that he is unable to comply with the standard or portion 
thereof by its effective date and a detailed statement of the reasons 
therefor;
    (5) A statement of the steps the applicant has taken and will take, 
with specific dates where appropriate, to protect employees against the 
hazard covered by the standard;
    (6) A statement of when the applicant expects to be able to comply 
with the standard and of what steps he has taken and will take, with 
specific dates where appropriate, to come into compliance with the 
standard;
    (7) A statement of the facts the applicant would show to establish 
that
    (i) The applicant is unable to comply with a standard by its 
effective date because of unavailability of professional or technical 
personnel or of materials and equipment needed to come into compliance 
with the standard or because necessary construction or alteration of 
facilities cannot be completed by the effective date;
    (ii) He is taking all available steps to safeguard his employees 
against the hazards covered by the standard; and
    (iii) He has an effective program for coming into compliance with 
the standard as quickly as practicable;
    (8) Any request for a hearing, as provided in this part;
    (9) A statement that the applicant has informed his affected 
employees of the application by giving a copy thereof to their 
authorized representative, posting a statement, giving a summary of the 
application and specifying where a copy may be examined, at the place or 
places where notices to employees

[[Page 71]]

are normally posted, and by other appropriate means; and
    (10) A description of how affected employees have been informed of 
the application and of their right to petition the Assistant Secretary 
for a hearing.
    (11) Where the requested variance would be applicable to employment 
or places of employment in more than one State, including at least one 
State with a State plan approved under section 18 of the Act, and 
involves a standard, or portion thereof, identical to a State standard 
effective under such plan:
    (i) A side-by-side comparison of the Federal standard, or portion 
thereof, involved with the State standard, or portion thereof, identical 
in substance and requirements;
    (ii) A certification that the employer or employers have not filed 
for such variance on the same material facts for the same employment or 
place of employment with any State authority having jurisdiction under 
an approval plan over any employment or place of employment covered in 
the application; and
    (iii) A statement as to whether, with an identification of, any 
citations for violations of the State standard, or portion thereof, 
involved have been issued to the employer or employers by any of the 
State authorities enforcing the standard under a plan, and are pending.
    (c) Interim order--(1) Application. An application may also be made 
for an interim order to be effective until a decision is rendered on the 
application for the variance filed previously or concurrently. An 
application for an interim order may include statements of fact and 
arguments as to why the order should be granted. The Assistant Secretary 
may rule ex parte upon the application.
    (2) Notice of denial of application. If an application filed 
pursuant to paragraph (c)(1) of this section is denied, the applicant 
shall be given prompt notice of the denial, which shall include, or be 
accompanied by, a brief statement of the grounds therefor.
    (3) Notice of the grant of an interim order. If an interim order is 
granted, a copy of the order shall be served upon the applicant for the 
order and other parties and the terms of the order shall be published in 
the Federal Register. It shall be a condition of the order that the 
affected employer shall give notice thereof to affected employees by the 
same means to be used to inform them of an application for a variance.

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]



Sec. 1905.11  Variances and other relief under section 6(d).

    (a) Application for variance. Any employer, or class of employers, 
desiring a variance authorized by section 6(d) of the Act may file a 
written application containing the information specified in paragraph 
(b) of this section, with the Assistant Secretary for Occupational 
Safety and Health, U.S. Department of Labor, Washington, DC 20210.
    (b) Contents. An application filed pursuant to paragraph (a) of this 
section shall include:
    (1) The name and address of the applicant;
    (2) The address of the place or places of employment involved;
    (3) A description of the conditions, practices, means, methods, 
operations, or processes used or proposed to be used by the applicant:
    (4) A statement showing how the conditions, practices, means, 
methods, operations, or processes used or proposed to be used would 
provide employment and places of employment to employees which are as 
safe and healthful as those required by the standard from which a 
variance is sought:
    (5) A certification that the applicant has informed his employees of 
the application by
    (i) Giving a copy thereof to their authorized representative;
    (ii) Posting a statement giving a summary of the application and 
specifying where a copy may be examined, at the place or places where 
notices to employees are normally posted (or in lieu of such summary, 
the posting of the application itself); and
    (iii) By other appropriate means;
    (6) Any request for a hearing, as provided in this part; and
    (7) A description of how employees have been informed of the 
application and of their right to petition the Assistant Secretary for a 
hearing.

[[Page 72]]

    (8) Where the requested variance would be applicable to employment 
or places of employment in more than one State, including at least one 
State with a State plan approved under section 18 of the Act, and 
involves a standard, or portion thereof, identical to a State standard 
effective under such plan:
    (i) A side-by-side comparison of the Federal standard, or portion 
thereof, involved with the State standard, or portion thereof, identical 
in substance and requirements;
    (ii) A certification that the employer or employers have not filed 
for such variance on the same material facts for the same employment or 
place of employment with any State authority having jurisdiction under 
an approved plan over any employment or place of employment covered in 
the application; and
    (iii) A statement as to whether, with an identification of, any 
citations for violations of the State standard, or portion thereof, 
involved have been issued to the employer or employers by any of the 
State authorities enforcing the standard under a plan, and are pending.
    (c) Interim order--(1) Application. An application may also be made 
for an interim order to be effective until a decision is rendered on the 
application for the variance filed previously or concurrently. An 
application for an interim order may include statements of fact and 
arguments as to why the order should be granted. The Assistant Secretary 
may rule ex parte upon the application.
    (2) Notice of denial of application. If an application filed 
pursuant to paragraph (c)(1) of this section is denied, the applicant 
shall be given prompt notice of the denial, which shall include, or be 
accompanied by; a brief statement of the grounds therefor.
    (3) Notice of the grant of an interim order. If an interim order is 
granted, a copy of the order shall be served upon the applicant for the 
order and other parties, and the terms of the order shall be published 
in the Federal Register. It shall be a condition of the order that the 
affected employer shall give notice thereof to affected employees by the 
same means to be used to inform them of an application for a variance.

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]



Sec. 1905.12  Limitations, variations, tolerances, or exemptions under section 16.

    (a) Application. Any person, or class of persons, desiring a 
limitation, variation, tolerance, or exemption authorized by section 16 
of the Act may file an application containing the information specified 
in paragraph (b) of this section, with the Assistant Secretary for 
Occupational Safety and Health, U.S. Department of Labor, Washington, DC 
20210.
    (b) Contents. An application filed pursuant to paragraph (a) of this 
section shall include:
    (1) The name and address of the applicant;
    (2) The address of the place or places of employment involved;
    (3) A specification of the provision of the Act to or from which the 
applicant seeks a limitation, variation, tolerance, or exemption;
    (4) A representation showing that the limitation, variation, 
tolerance, or exemption sought is necessary and proper to avoid serious 
impairment of the national defense;
    (5) Any request for a hearing, as provided in this part; and
    (6) A description of how employees have been informed of the 
application and of their right to petition the Assistant Secretary for a 
hearing.
    (c) Interim order--(1) Application. An application may also be made 
for an interim order to be effective until a decision is rendered on the 
application for the limitation, variation, tolerance, or exemption filed 
previously or concurrently. An application for an interim order may 
include statements of fact and arguments as to why the order should be 
granted. The Assistant Secretary may rule ex parte upon the application.
    (2) Notice of denial of application. If an application filed 
pursuant to paragraph (c)(1) of this section is denied, the applicant 
shall be given prompt notice of the denial, which shall include, or be 
accompanied, by a brief statement of the grounds therefor.

[[Page 73]]

    (3) Notice of the grant of an interim order. If an interim order is 
granted, a copy of the order shall be served upon the applicant for the 
order and other parties, and the terms of the order shall be published 
in the Federal Register. It shall be a condition of the order that the 
affected employer shall give notice thereof to affected employees by the 
same means to be used to inform them of an application for a variance.



Sec. 1905.13  Modification, revocation, and renewal of rules or orders.

    (a) Modification or revocation. (1) An affected employer or an 
affected employee may apply in writing to the Assistant Secretary of 
Labor for Occupational Safety and Health for a modification or 
revocation of a rule or order issued under section 6(b) (6) (A), 6(d), 
or 16 of the Act. The application shall contain:
    (i) The name and address of the applicant;
    (ii) A description of the relief which is sought;
    (iii) A statement setting forth with particularity the grounds for 
relief;
    (iv) If the applicant is an employer, a certification that the 
applicant has informed his affected employees of the application by:
    (a) Giving a copy thereof to their authorized representative;
    (b) Posting at the place or places where notices to employees are 
normally posted, a statement giving a summary of the application and 
specifying where a copy of the full application may be examined (or, in 
lieu of the summary, posting the application itself); and
    (c) Other appropriate means.
    (v) If the applicant is an affected employee, a certification that a 
copy of the application has been furnished to the employer; and
    (vi) Any request for a hearing, as provided in this part.
    (2) The Assistant Secretary may on his own motion proceed to modify 
or revoke a rule or order issued under section 6(b) (6) (A), 6(d), or 16 
of the Act. In such event, the Assistant Secretary shall cause to be 
published in the Federal Register a notice of his intention, affording 
interested persons an opportunity to submit written data, views, or 
arguments regarding the proposal and informing the affected employer and 
employees of their right to request a hearing, and shall take such other 
action as may be appropriate to give actual notice to affected 
employees. Any request for a hearing shall include a short and plain 
statement of:
    (i) How the proposed modification or revocation would affect the 
requesting party; and
    (ii) What the requesting party would seek to show on the subjects or 
issues involved.
    (b) Renewal. Any final rule or order issued under section 6(b) (6) 
(A) or 16 of the Act may be renewed or extended as permitted by the 
applicable section and in the manner prescribed for its issuance.
    (c) Multi-state variances. Where a Federal variance has been granted 
with multi-state applicability, including applicability in a State 
operating under a State plan approved under section 18 of the Act, from 
a standard, or portion thereof, identical to a State standard, or 
portion thereof, without filing the information required in 
Sec. 1905.10(b)(11) or Sec. 1905.11(b)(8) of this chapter, such variance 
shall likewise be deemed an authoritative interpretation of the 
employer(s)' compliance obligations with regard to the State standard, 
or portion thereof, upon filing the information required under 
Sec. 1905.10(b)(11) or Sec. 1905.11(b)(8) of this chapter, provided no 
objections of substance are found to be interposed by the State 
authority under Sec. 1905.14 of this chapter.

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]



Sec. 1905.14  Action on applications.

    (a) Defective applications. (1) If an application filed pursuant to 
Sec. 1905.10(a), Sec. 1905.11(a), Sec. 1905.12(a), or Sec. 1905.13 does 
not conform to the applicable section, the Assistant Secretary may deny 
the application.
    (2) Prompt notice of the denial of an application shall be given to 
the applicant.
    (3) A notice of denial shall include, or be accompanied by, a brief 
statement of the grounds for the denial.
    (4) A denial of an application pursuant to this paragraph shall be 
without

[[Page 74]]

prejudice to the filing of another application.
    (b) Adequate applications. (1) If an application has not been denied 
pursuant to paragraph (a) of this section, the Assistant Secretary shall 
cause to be published in the Federal Register a notice of the filing of 
the application.
    (2) A notice of the filing of an application shall include:
    (i) The terms, or an accurate summary, of the application;
    (ii) A reference to the section of the Act under which the 
application has been filed;
    (iii) An invitation to interested persons to submit within a stated 
period of time written data, views, or arguments regarding the 
application; and
    (iv) Information to affected employers, employees, and appropriate 
State authority having jurisdiction over employment or places of 
employment covered in the application of any right to request a hearing 
on the application.
    (3) Where the requested variance, or any proposed modification or 
extension thereof, involves a Federal standard, or any portion thereof, 
identical to a State standard, or any portion thereof, as provided in 
Secs. 1905.10(b)(11) and 1905.11(b)(8) of this chapter, the Assistant 
Secretary will promptly furnish a copy of the application to the 
appropriate State authority and provide an opportunity for comment, 
including the opportunity to participate as a party, on the application 
by such authority, which shall be taken into consideration in 
determining the merits of the proposed action.
    (4) A copy of each final decision of the Assistant Secretary with 
respect to an application filed under Sec. 1905.10, Sec. 1905.11, or 
Sec. 1905.13 shall be furnished, within 10 days of issuance, the State 
authorities having jurisdiction over the employment or place of 
employment covered in the application.

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]



Sec. 1905.15  Requests for hearings on applications.

    (a) Request for hearing. Within the time allowed by a notice of the 
filing of an application, any affected employer, employee, or 
appropriate State agency having jurisdiction over employment or places 
of employment covered in an application may file with the Assistant 
Secretary, in quadruplicate, a request for a hearing on the application.
    (b) Contents of a request for a hearing. A request for a hearing 
filed pursuant to paragraph (a) of this section shall include:
    (1) A concise statement of facts showing how the employer or 
employee would be affected by the relief applied for;
    (2) A specification of any statement or representation in the 
application which is denied, and a concise summary of the evidence that 
would be adduced in support of each denial; and
    (3) Any views or arguments on any issue of fact or law presented.

[36 FR 12290, June 30, 1971, as amended at 40 FR 25450, June 16, 1975]



Sec. 1905.16  Consolidation of proceedings.

    The Assistant Secretary on his own motion or that of any party may 
consolidate or contemporaneously consider two or more proceedings which 
involve the same or closely related issues.



                           Subpart C--Hearings



Sec. 1905.20  Notice of hearing.

    (a) Service. Upon request for a hearing as provided in this part, or 
upon his own initiative, the Assistant Secretary shall serve, or cause 
to be served, a reasonable notice of hearing.
    (b) Contents. A notice of hearing served under paragraph (a) of this 
section shall include:
    (1) The time, place, and nature of the hearing;
    (2) The legal authority under which the hearing is to be held;
    (3) A specification of issues of fact and law; and
    (4) A designation of a hearing examiner appointed under 5 U.S.C. 
3105 to preside over the hearing.
    (c) Referral to hearing examiner. A copy of a notice of hearing 
served pursuant to paragraph (a) of this section shall be referred to 
the hearing examiner designated therein, together with the original 
application and any written request for a hearing thereon filed pursuant 
to this part.

[[Page 75]]



Sec. 1905.21  Manner of service.

    Service of any document upon any party may be made by personal 
delivery of, or by mailing, a copy of the document to the last known 
address of the party. The person serving the document shall certify to 
the manner and the date of the service.



Sec. 1905.22  Hearing examiners; powers and duties.

    (a) Powers. A hearing examiner designated to preside over a hearing 
shall have all powers necessary or appropriate to conduct a fair, full, 
and impartial hearing, including the following:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and receive relevant evidence;
    (3) To provide for discovery and to determine its scope;
    (4) To regulate the course of the hearing and the conduct of the 
parties and their counsel therein;
    (5) To consider and rule upon procedural requests;
    (6) To hold conferences for the settlement or simplification of the 
issues by consent of the parties;
    (7) To make, or to cause to be made, an inspection of the employment 
or place of employment involved.
    (8) To make decisions in accordance with the Act, this part, and the 
Administrative Procedure Act (5 U.S.C. Ch. 5); and
    (9) To take any other appropriate action authorized by the Act, this 
part, or the Administrative Procedure Act.
    (b) Private consultation. Except to the extent required for the 
disposition of ex parte matters, a hearing examiner may not consult a 
person or a party on any fact at issue, unless upon notice and 
opportunity for all parties to participate.
    (c) Disqualification. (1) When a hearing examiner deems himself 
disqualified to preside over a particular hearing, he shall withdraw 
therefrom by notice on the record directed to the Chief Hearing 
Examiner.
    (2) Any party who deems a hearing examiner for any reason to be 
disqualified to preside, or to continue to preside, over a particular 
hearing, may file with the Chief Hearing Examiner of the Department of 
Labor a motion to disqualify and remove the hearing examiner, such 
motion to be supported by affidavits setting forth the alleged grounds 
for disqualification. The Chief Hearing Examiner shall rule upon the 
motion.
    (d) Contumacious conduct; failure or refusal to appear or obey the 
rulings of a presiding hearing examiner. (1) Contumacious conduct at any 
hearing before the hearing examiner shall be grounds for exclusion from 
the hearing.
    (2) If a witness or a party refuses to answer a question after being 
directed to do so, or refuses to obey an order to provide or permit 
discovery, the hearing examiner may make such orders with regard to the 
refusal as are just and appropriate, including an order denying the 
application of an applicant or regulating the contents of the record of 
the hearing.
    (e) Referral to Federal Rules of Civil Procedure. On any procedural 
question not regulated by this part, the Act, or the Administrative 
Procedure Act, a hearing examiner shall be guided to the extent 
practicable by any pertinent provisions of the Federal Rules of Civil 
Procedure.



Sec. 1905.23  Prehearing conferences.

    (a) Convening a conference. Upon his own motion or the motion of a 
party, the hearing examiner may direct the parties or their counsel to 
meet with him for a conference to consider:
    (1) Simplification of the issues;
    (2) Necessity or desirability of amendments to documents for 
purposes of clarification, simplification, or limitation;
    (3) Stipulations, admissions of fact, and of contents and 
authenticity of documents;
    (4) Limitation of the number of parties and of expert witnesses; and
    (5) Such other matters as may tend to expedite the disposition of 
the proceeding, and to assure a just conclusion thereof.
    (b) Record of conference. The hearing examiner shall make an order 
which recites the action taken at the conference, the amendments allowed 
to any documents which have been filed, and the agreements made between 
the

[[Page 76]]

parties as to any of the matters considered, and which limits the issues 
for hearing to those not disposed of by admissions or agreements; and 
such order when entered controls the subsequent course of the hearing, 
unless modified at the hearing, to prevent manifest injustice.



Sec. 1905.24  Consent findings and rules or orders.

    (a) General. At any time before the reception of evidence in any 
hearing, or during any hearing a reasonable opportunity may be afforded 
to permit negotiation by the parties of an agreement containing consent 
findings and a rule or order disposing of the whole or any part of the 
proceeding. The allowance of such opportunity and the duration thereof 
shall be in the discretion of the presiding hearing examiner, after 
consideration of the nature of the proceeding, the requirements of the 
public interest, the representations of the parties, and the probability 
of an agreement which will result in a just disposition of the issues 
involved.
    (b) Contents. Any agreement containing consent findings and rule or 
order disposing of a proceeding shall also provide:
    (1) That the rule or order shall have the same force and effect as 
if made after a full hearing;
    (2) That the entire record on which any rule or order may be based 
shall consist solely of the application and the agreement;
    (3) A waiver of any further procedural steps before the hearing 
examiner and the Assistant Secretary; and
    (4) A waiver of any right to challenge or contest the validity of 
the findings and of the rule or order made in accordance with the 
agreement.
    (c) Submission. On or before the expiration of the time granted for 
negotiations, the parties or their counsel may:
    (1) Submit the proposed agreement to the presiding hearing examiner 
for his consideration; or
    (2) Inform the presiding hearing examiner that agreement cannot be 
reached.
    (d) Disposition. In the event an agreement containing consent 
findings and rule or order is submitted within the time allowed 
therefor, the presiding hearing examiner may accept such agreement by 
issuing his decision based upon the agreed findings.



Sec. 1905.25  Discovery.

    (a) Depositions. (1) For reasons of unavailability or for other good 
cause shown, the testimony of any witness may be taken by deposition. 
Depositions may be taken orally or upon written interrogatories before 
any person designated by the presiding hearing examiner and having power 
to administer oaths.
    (2) Application. Any party desiring to take the deposition of a 
witness may make application in writing to the presiding hearing 
examiner, setting forth:
    (i) The reasons why such deposition should be taken;
    (ii) The time when, the place where, and the name and post office 
address of the person before whom the deposition is to be taken;
    (iii) The name and address of each witness; and
    (iv) The subject matter concerning which each witness is expected to 
testify.
    (3) Notice. Such notice as the presiding hearings examiner may order 
shall be given by the party taking the deposition to every other party.
    (4) Taking and receiving in evidence. Each witness testifying upon 
deposition shall be sworn, and the parties not calling him shall have 
the right to cross-examine him. The questions propounded and the answers 
thereto, together with all objections made, shall be reduced to writing, 
read to the witness, subscribed by him, and certified by the officer 
before whom the deposition is taken. Thereafter, the officer shall seal 
the deposition, with two copies thereof, in an envelope and mail the 
same by registered mail to the presiding hearing examiner. Subject to 
such objections to the questions and answers as were noted at the time 
of taking the deposition and would be valid were the witness personally 
present and testifying, such deposition may be read and offered in 
evidence by the party taking it as against any party who was present, 
represented at the taking of the deposition, or who had due notice 
thereof. No part of a

[[Page 77]]

deposition shall be admitted in evidence unless there is a showing that 
the reasons for the taking of the deposition in the first instance exist 
at the time of hearing.
    (b) Other discovery. Whenever appropriate to a just disposition of 
any issue in a hearing, the presiding hearing examiner may allow 
discovery by any other appropriate procedure, such as by written 
interrogatories upon a party, production of documents by a party, or by 
entry for inspection of the employment or place of employment involved.



Sec. 1905.26  Hearings.

    (a) Order of proceeding. Except as may be ordered otherwise by the 
presiding hearing examiner, the party applicant for relief shall proceed 
first at a hearing.
    (b) Burden of proof. The party applicant shall have the burden of 
proof.
    (c) Evidence--(1) Admissibility. A party shall be entitled to 
present his case or defense by oral or documentary evidence, to submit 
rebuttal evidence, and to conduct such cross-examination as may be 
required for a full and true disclosure of the facts. Any oral or 
documentary evidence may be received, but a presiding hearing examiner 
shall exclude evidence which is irrelevant, immaterial, or unduly 
repetitious.
    (2) Testimony of witnesses. The testimony of a witness shall be upon 
oath or affirmation administered by the presiding hearing examiner.
    (3) Objections. If a party objects to the admission or rejection of 
any evidence, or to the limitation of the scope of any examination or 
cross-examination, or to the failure to limit such scope, he shall state 
briefly the grounds for such objection. Rulings on all objections shall 
appear in the record. Only objections made before the presiding hearing 
examiner may be relied upon subsequently in a proceeding.
    (4) Exceptions. Formal exception to an adverse ruling is not 
required.
    (d) Official notice. Official notice may be taken of any material 
fact not appearing in evidence in the record, which is among the 
traditional matters of judicial notice or concerning which the 
Department of Labor by reason of its functions is presumed to be expert: 
Provided, That the parties shall be given adequate notice, at the 
hearing or by reference in the presiding hearing examiner's decision, of 
the matters so noticed, and shall be given adequate opportunity to show 
the contrary.
    (e) Transcript. Hearings shall be stenographically reported. Copies 
of the transcript may be obtained by the parties upon written 
application filed with the reporter, and upon the payment of fees at the 
rate provided in the agreement with the reporter.



Sec. 1905.27  Decisions of hearing examiners.

    (a) Proposed findings of fact, conclusions, and rules or orders. 
Within 10 days after receipt of notice that the transcript of the 
testimony has been filed or such additional time as the presiding 
hearing examiner may allow, each party may file with the hearing 
examiner proposed findings of fact, conclusions of law, and rule or 
order, together with a supporting brief expressing the reasons for such 
proposals. Such proposals and brief shall be served on all other 
parties, and shall refer to all portions of the record and to all 
authorities relied upon in support of each proposal.
    (b) Decision of the hearing examiner. Within a reasonable time after 
the time allowed for the filing of proposed findings of fact, 
conclusions of law, and rule or order, the presiding hearing examiner 
shall make and serve upon each party his decision, which shall become 
final upon the 20th day after service thereof, unless exceptions are 
filed thereto, as provided in Sec. 1905.28. The decision of the hearing 
examiner shall include (1) a statement of findings and conclusions, with 
reasons and bases therefor, upon each material issue of fact, law, or 
discretion presented on the record, and (2) the appropriate rule, order, 
relief, or denial thereof. The decision of the hearing examiner shall be 
based upon a consideration of the whole record and shall state all facts 
officially noticed and relied upon. It shall be made on the basis of a 
preponderance of reliable and probative evidence.

[[Page 78]]



Sec. 1905.28  Exceptions.

    Within 20 days after service of a decision of a presiding hearing 
examiner, any party may file with the hearing examiner written 
exceptions thereto with supporting reasons. Such exceptions shall refer 
to the specific findings of fact, conclusions of law, or terms of the 
rule or order excepted to, the specific pages of transcript relevant to 
the suggestions, and shall suggest corrected findings of fact, 
conclusions of law, or terms of the rule or order. Upon receipt of any 
exceptions, the hearing examiner shall fix a time for filing any 
objections to the exceptions and any supporting reasons.



Sec. 1905.29  Transmission of record.

    If exceptions are filed, the hearing examiner shall transmit the 
record of the proceeding to the Assistant Secretary for review. The 
record shall include: The application, any request for hearing thereon, 
motions and requests filed in written form, rulings thereon, the 
transcript of the testimony taken at the hearing, together with the 
exhibits admitted in evidence, any documents or papers filed in 
connection with prehearing conferences, such proposed findings of fact, 
conclusions of law, rules or orders, and supporting reasons, as may have 
been filed, the hearing examiner's decision, and such exceptions, 
statements of objections, and briefs in support thereof, as may have 
been filed in the proceeding.



Sec. 1905.30  Decision of the Assistant Secretary.

    If exceptions to a decision of a hearing examiner are taken pursuant 
to Sec. 1905.28, the Assistant Secretary shall upon consideration 
thereof, together with the record references and authorities cited in 
support thereof, and any objections to exceptions and supporting 
reasons, make his decision. The decision may affirm, modify, or set 
aside, in whole or part, the findings, conclusions, and the rule or 
order contained in the decision of the presiding hearing examiner, and 
shall include a statement of reasons or bases for the actions taken on 
each exception presented.



                      Subpart D--Summary Decisions



Sec. 1905.40  Motion for summary decision.

    (a) Any party may, at least 20 days before the date fixed for any 
hearing under subpart C of this part, move with or without supporting 
affidavits for a summary decision in his favor on all or any part of the 
proceeding. Any other party may, within 10 days after service of the 
motion, serve opposing affidavits or countermove for summary decision. 
The presiding hearing examiner may, in his discretion, set the matter 
for argument and call for the submission of briefs.
    (b) The filing of any documents under paragraph (a) of this section 
shall be with the hearing examiner, and copies of any such documents 
shall be served in accordance with Sec. 1905.21.
    (c) The hearing examiner may grant such motion if the pleadings, 
affidavits, material obtained by discovery or otherwise obtained, or 
matters officially noticed show that there is no genuine issue as to any 
material fact and that a party is entitled to summary decision. The 
hearing examiner may deny such motion whenever the moving party denies 
access to information by means of discovery to a party opposing the 
motion.
    (d) Affidavits shall set forth such facts as would be admissible in 
evidence in a proceeding subject to 5 U.S.C. 556 and 557 and shall show 
affirmatively that the affiant is competent to testify to the matters 
stated therein. When a motion for summary decision is made and supported 
as provided in this section, a party opposing the motion may not rest 
upon the mere allegations or denials of his pleading; his response must 
set forth specific facts showing that there is a genuine issue of fact 
for the hearing.
    (e) Should it appear from the affidavits of a party opposing the 
motion that he cannot for reasons stated present by affidavit facts 
essential to justify his opposition, the hearing examiner may deny the 
motion for summary decision or may order a continuance to permit 
affidavits to be obtained or discovery to be had or may make such other 
order as is just.

[[Page 79]]

    (f) The denial of all or any part of a motion for summary decision 
by the hearing examiner shall not be subject to interlocutory appeal to 
the Assistant Secretary unless the hearing examiner certifies in writing 
(1) that the ruling involves an important question of law or policy as 
to which there is substantial ground for difference of opinion, and (2) 
that an immediate appeal from the ruling may materially advance the 
ultimate termination of the proceeding. The allowance of such an 
interlocutory appeal shall not stay the proceeding before the hearing 
examiner unless the Assistant Secretary shall so order.



Sec. 1905.41  Summary decision.

    (a) No genuine issue of material fact. (1) Where no genuine issue of 
a material fact is found to have been raised, the hearing examiner may 
issue an initial decision to become final 20 days after service thereof, 
unless, within such period of time any party has filed written 
exceptions to the decision. If any timely exception is filed, the 
hearing examiner shall fix a time for filing any objections to the 
exception and any supporting reasons. Thereafter, the Assistant 
Secretary, after consideration of the exceptions and any supporting 
briefs filed therewith and of any objections to the exceptions and any 
supporting reasons, may issue a final decision.
    (2) An initial decision and a final decision made under this 
paragraph shall include a statement of:
    (i) Findings and conclusions, and the reasons or bases therefor, on 
all issues presented; and
    (ii) The terms and conditions of the rule or order made.
    (3) A copy of an initial decision and a final decision under this 
paragraph shall be served on each party.
    (b) Hearings on issues of fact. Where a genuine material question of 
fact is raised, the hearing examiner shall, and in any other case he 
may, set the case for an evidentiary hearing in accordance with subpart 
C of this part.



                 Subpart E--Effect of Initial Decisions



Sec. 1905.50  Effect of appeal of a hearing examiner's decision.

    A hearing examiner's decision under this part shall not be operative 
pending a decision on appeal by the Assistant Secretary.



Sec. 1905.51  Finality for purposes of judicial review.

    Only a decision by the Assistant Secretary shall be deemed final 
agency action for purposes of judicial review. A decision by a hearing 
examiner which becomes final for lack of appeal is not deemed final 
agency action for purposes of 5 U.S.C. 704.



PART 1906--ADMINISTRATION WITNESSES AND DOCUMENTS IN PRIVATE LITIGATION [RESERVED]




PART 1908--CONSULTATION AGREEMENTS--Table of Contents




Sec.
1908.1  Purpose and scope.
1908.2  Definitions.
1908.3  Eligibility and funding.
1908.4  Offsite consultation.
1908.5  Requests and scheduling for onsite consultation.
1908.6  Conduct of a visit.
1908.7  Relationship to enforcement.
1908.8  Consultant specifications.
1908.9  Monitoring and evaluation.
1908.10  Cooperative Agreements.
1908.11  Exclusions.

    Authority: Secs. 7(c), 8, 21(d), Occupational Safety and Health Act 
of 1970 (29 U.S.C. 656, 657, 670) and Secretary of Labor's Order No. 6-
96 (62 FR 111, January 2, 1997).

    Source: 49 FR 25094, June 19, 1984, unless otherwise noted.



Sec. 1908.1  Purpose and scope.

    (a) This part contains requirements for Cooperative Agreements 
between states and the Federal Occupational Safety and Health 
Administration (OSHA) under sections 21(c) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 651 et seq.) and section 21(d), the 
Occupational Safety and

[[Page 80]]

Health Administration Compliance Assistance Authorization Act of 1998 
(which amends the Occupational Safety and Health Act,) under which OSHA 
will utilize state personnel to provide consultative services to 
employers. Priority in scheduling such consultation visits must be 
assigned to requests received from small businesses which are in higher 
hazard industries or have the most hazardous conditions at issue in the 
request. Consultation programs operated under the authority of a state 
plan approved under Section 18 of the Act (and funded under Section 
23(g), rather than under a Cooperative Agreement) which provide 
consultative services to private sector employers, must be ``at least as 
effective as'' the section 21(d) Cooperative Agreement programs 
established by this part. The service will be made available at no cost 
to employers to assist them in establishing effective occupational 
safety and health programs for providing employment and places of 
employment which are safe and healthful. The overall goal is to prevent 
the occurrence of injuries and illnesses which may result from exposure 
to hazardous workplace conditions and from hazardous work practices. The 
principal assistance will be provided at the employer's worksite, but 
off-site assistance may also be provided by telephone and correspondence 
and at locations other than the employer's worksite, such as the 
consultation project offices. At the worksite, the consultant will, 
within the scope of the employer's request, evaluate the employer's 
program for providing employment and a place of employment which is safe 
and healthful, as well as identify specific hazards in the workplace, 
and will provide appropriate advice and assistance in establishing or 
improving the employer's safety and health program and in correcting any 
hazardous conditions identified.
    (b) Assistance may include education and training of the employer, 
the employer's supervisors, and the employer's other employees as needed 
to make the employer self-sufficient in ensuring safe and healthful work 
and working conditions. Although onsite consultation will be conducted 
independent of any OSHA enforcement activity, and the discovery of 
hazards will not mandate citation or penalties, the employer remains 
under a statutory obligation to protect employees, and in certain 
instances will be required to take necessary protective action. Employer 
correction of hazards identified by the consultant during a 
comprehensive workplace survey, and implementation of certain core 
elements of an effective safety and health program and commitment to the 
completion of others may serve as the basis for employer exemption from 
certain OSHA enforcement activities. States entering into Agreements 
under this part will receive ninety percent Federal reimbursement for 
allowable costs, and will provide consultation to employers requesting 
the service, subject to scheduling priorities, available resources, and 
any other limitations established by the Assistant Secretary as part of 
the Cooperative Agreement.
    (c) States operating approved Plans under section 18 of the Act 
shall, in accord with section 18(b), establish enforcement policies 
applicable to the safety and health issues covered by the State Plan 
which are at least as effective as the enforcement policies established 
by this part, including a recognition and exemption program.

[49 FR 25094, June 19, 1984, as amended at 65 FR 64290, Oct. 26, 2000]



Sec. 1908.2  Definitions.

    As used in this part:
    Act means the Federal Occupational Safety and Health Act of 1970.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    Compliance Officer means a Federal compliance safety and health 
officer.
    Consultant means an employee under a Cooperative Agreement pursuant 
to this part who provides consultation.
    Consultation means all activities related to the provision of 
consultative assistance under this part, including offsite consultation 
and onsite consultation.
    Cooperative Agreement means the legal instrument which enables the 
States to collaborate with OSHA to provide consultation in accord with 
this part.

[[Page 81]]

    Designee means the State official designated by the Governor to be 
responsible for entering into a Cooperative Agreement in accord with 
this part.
    Education means planned and organized activity by a consultant to 
impart information to employers and employees to enable them to 
establish and maintain employment and a place of employment which is 
safe and healthful.
    Employee means an employee of an employer who is employed in the 
business of that employer which affects interstate commerce.
    Employee representative, as used in the OSHA consultation program 
under this part, means the authorized representative of employees at a 
site where there is a recognized labor organization representing 
employees.
    Employer means a person engaged in a business who has employees, but 
does not include the United States (not including the United States 
Postal Service,) or any state or political subdivision of a state.
    Hazard correction means the elimination or control of a workplace 
hazard in accord with the requirements of applicable Federal or State 
statutes, regulations or standards.
    Imminent danger means any conditions or practices in a place of 
employment which are such that a danger exists which could reasonably be 
expected to cause death or serious physical harm immediately or before 
the imminence of such danger can be eliminated through the procedures 
set forth in Sec. 1908.6(e)(4), (f) (2) and (3), and (g).
    List of Hazards means a list of all serious hazards that are 
identified by the consultant and the correction due dates agreed upon by 
the employer and the consultant. Serious hazards include hazards 
addressed under section 5(a)(1) of the OSH Act and recordkeeping 
requirements classified as serious. The List of Hazards will accompany 
the consultant's written report but is separate from the written report 
to the employer.
    Offsite consultation means the provision of consultative assistance 
on occupational safety and health issues away from an employer's 
worksite by such means as telephone and correspondence, and at locations 
other than the employer's worksite, such as the consultation project 
offices. It may, under limited conditions specified by the Assistant 
Secretary, include training and education.
    Onsite consultation means the provision of consultative assistance 
on an employer's occupational safety and health program and on specific 
workplace hazards through a visit to an employer's worksite. It includes 
a written report to the employer on the findings and recommendations 
resulting from the visit. It may include training and education needed 
to address hazards, or potential hazards, at the worksite.
    OSHA means the Federal Occupational Safety and Health Administration 
or the State agency responsible under a Plan approved under section 18 
of the Act for the enforcement of occupational safety and health 
standards in that State.
    Other-than-serious hazard means any condition or practice which 
would be classified as an other-than-serious violation of applicable 
federal or state statutes, regulations or standards, based on criteria 
contained in the current OSHA field instructions or approved State Plan 
counterpart.
    Programmed inspection means OSHA worksite inspections which are 
scheduled based upon objective or neutral criteria. These inspections do 
not include imminent danger, fatality/catastrophe, and formal 
complaints.
    Programmed inspection schedule means OSHA inspections scheduled in 
accordance with criteria contained in the current OSHA field 
instructions or approved State Plan counterpart.
    RA means the Regional Administrator for Occupational Safety and 
Health of the Region in which the State concerned is located.
    Recognition and exemption program means an achievement recognition 
program of the OSHA consultation services which recognizes small 
employers who operate, at a particular worksite, an exemplary program 
that results in the immediate and long term prevention of job related 
injuries and illnesses.
    Serious hazard means any condition or practice which would be 
classified as a serious violation of applicable federal

[[Page 82]]

or state statutes, regulations or standards, based on criteria contained 
in the current OSHA field instructions or approved State Plan 
counterpart, except that the element of employer knowledge shall not be 
considered.
    State includes a State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
Trust Territory of the Pacific Islands.
    Training means the planned and organized activity of a consultant to 
impart skills, techniques and methodologies to employers and their 
employees to assist them in establishing and maintaining employment and 
a place of employment which is safe and healthful.

[49 FR 25094, June 19, 1984, as amended at 65 FR 64290, Oct. 26, 2000]



Sec. 1908.3  Eligibility and funding.

    (a) State eligibility. Any state may enter into an agreement with 
the Assistant Secretary to perform consultation for private sector 
employers; except that a state having a plan approved under section 18 
of the Act is eligible to participate in the program only if that Plan 
does not include provisions for federally funded consultation to private 
sector employers as a part of its plan.
    (b) Reimbursement. (1) The Assistant Secretary will reimburse 90 
percent of the costs incurred under a Cooperative Agreement entered into 
pursuant to this part. Approved training of State staff operating under 
a Cooperative Agreement and specified out-of-State travel by such staff 
will be fully reimbursed.
    (2) Reimbursement to States under this part is limited to costs 
incurred in providing consultation to private sector employers only.
    (i) In all States with Plans approved under section 18 of the Act, 
consultation provided to State and local governments, as well as the 
remaining range of voluntary compliance activities referred to in 29 CFR 
1902.4(c)(2)(xiii), will not be affected by the provisions of this part. 
Federal reimbursement for these activities will be made in accordance 
with the provisions of section 23(g) of the Act.
    (ii) In States without Plans approved under section 18, no Federal 
reimbursement for consultation provided to State and local governments 
will be allowed, although this activity may be conducted independently 
by a State with 100 percent State funding.

[49 FR 25094, June 19, 1984, as amended at 65 FR 64291, Oct. 26, 2000]



Sec. 1908.4  Offsite consultation.

    The State may provide consultative services to employers on 
occupational safety and health issues by telephone and correspondence, 
and at locations other than the employer's worksite, such as the 
consultation project offices. It may, under limited conditions specified 
by the Assistant Secretary, include training and education.



Sec. 1908.5  Requests and scheduling for onsite consultation.

    (a) Encouraging requests--(1) State responsibility. The State shall 
be responsible for encouraging employers to request consultative 
assistance and shall publicize the availability of its consultative 
service and the scope of the service which will be provided. The 
Assistant Secretary will also engage in activities to publicize and 
promote the program.
    (2) Promotional methods. To inform employers of the availability of 
its consultative service and to encourage requests, the State may use 
methods such as the following:
    (i) Paid newspaper advertisements;
    (ii) Newspaper, magazine, and trade publication articles;
    (iii) Special direct mailings or telephone solicitations to 
establishments based on workers' compensation data or other appropriate 
listings;
    (iv) In-person visits to workplaces to explain the availability of 
the service, and participation at employer conferences and seminars;
    (v) Solicitation of support from State business and labor 
organizations and leaders, and public officials;
    (vi) Solicitation of publicizing by employers and employees who have 
received consultative services;
    (vii) Preparation and dissemination of publications, descriptive 
materials, and other appropriate items on consultative services;

[[Page 83]]

    (viii) Free public service announcements on radio and television.
    (3) Scope of service. In its publicity for the program, in response 
to any inquiry, and before an employer's request for a consultative 
visit may be accepted, the state shall clearly explain that the service 
is provided at no cost to an employer with federal and state funds for 
the purpose of assisting the employer in establishing and maintaining 
effective programs for providing safe and healthful places of employment 
for employees, in accord with the requirements of the applicable state 
or federal laws and regulations. The state shall explain that while 
utilizing this service, an employer remains under a statutory obligation 
to provide safe and healthful work and working conditions for employees. 
In addition, while the identification of hazards by a consultant will 
not mandate the issuance of citations or penalties, the employer is 
required to take necessary action to eliminate employee exposure to a 
hazard which in the judgment of the consultant represents an imminent 
danger to employees, and to take action to correct within a reasonable 
time any serious hazards that are identified. The state shall emphasize, 
however, that the discovery of such a hazard will not initiate any 
enforcement activity, and that referral will not take place, unless the 
employer fails to eliminate the identified hazard within the established 
time frame. The state shall also explain the requirements for 
participation in the recognition and exemption program as set forth in 
Sec. 1908.7(b)(4), and shall ensure that the employer understands his or 
her obligation to post the List of Hazards accompanying the consultant's 
written report.
    (b) Employer requests. (1) An onsite consultative visit will be 
provided only at the request of the employer, and shall not result from 
the enforcement of any right of entry under state law.
    (2) When making a request, an employer in a small, high hazard 
establishment shall generally be encouraged to include within the scope 
of such request all working conditions at the worksite and the 
employer's entire safety and health program. However, a more limited 
scope may be encouraged in larger and less hazardous establishments. 
Moreover, any employer may specify a more limited scope for the visit by 
indicating working conditions, hazards, or situations on which onsite 
consultation will be focused. When such limited requests are at issue, 
the consultant will limit review and provide assistance only with 
respect to those working conditions, hazards, or situations specified; 
except that if the consultant observes, in the course of the onsite 
visit, hazards which are outside the scope of the request, the 
consultant must treat such hazards as though they were within the scope 
of the request.
    (3) Employers may request onsite consultation to assist in the 
abatement of hazards cited during an OSHA enforcement inspection. 
However, an onsite consultative visit may not take place after an 
inspection until the conditions set forth in Sec. 1908.7(b)(3) have been 
met.
    (c) Scheduling priority. Priority shall be assigned to requests from 
businesses with the most hazardous operations, with primary attention to 
smaller businesses. Preference shall be given to the smaller businesses 
which are in higher hazard industries or which have the most hazardous 
conditions at issue in the request.

[49 FR 25094, June 19, 1984, as amended at 65 FR 64291, Oct. 26, 2000]



Sec. 1908.6  Conduct of a visit.

    (a) Preparation. (1) An onsite consultative visit shall be made only 
after appropriate preparation by the consultant. Prior to the visit, the 
consultant shall become familiar with as many factors concerning the 
establishment's operation as possible. The consultant shall review all 
applicable codes and standards. In addition, the consultant shall assure 
that all necessary technical and personal protective equipment is 
available and functioning properly.
    (2) At the time of any promotional visit conducted by a consultant 
to encourage the use of the onsite consultative services, a consultation 
may be performed without delay if the employer so requests and the 
consultant is otherwise prepared to conduct such consultation.

[[Page 84]]

    (b) Structured format. An initial onsite consultative visit will 
consist of an opening conference, an examination of those aspects of the 
employer's safety and health program which relate to the scope of the 
visit, a walkthrough of the workplace, and a closing conference. An 
initial visit may include training and education for employers and 
employees, if the need for such training and education is revealed by 
the walkthrough of the workplace and the examination of the employer's 
safety and health program, and if the employer so requests. The visit 
shall be followed by a written report to the employer. Additional visits 
may be conducted at the employer's request to provide needed education 
and training, assistance with the employer's safety and health program, 
technical assistance in the correction of hazards, or as necessary to 
verify the correction of serious hazards identified during previous 
visits. A compliance inspection may in some cases be the basis for a 
visit limited to education and training, assistance with the employer's 
safety and health program, or technical assistance in the correction of 
hazards.
    (c) Employee participation. (1) The consultant shall retain the 
right to confer with individual employees during the course of the visit 
in order to identify and judge the nature and extent of particular 
hazards within the scope of the employer's request, and to evaluate the 
employer's safety and health program. The consultant shall explain the 
necessity for this contact to the employer during the opening 
conference, and an employer must agree to permit such contact before a 
visit can proceed.
    (2)(i) In addition, an employee representative of affected employees 
must be afforded an opportunity to accompany the consultant and the 
employer's representative during the physical inspection of the 
workplace. The consultant may permit additional employees (such as 
representatives of a joint safety and health committee, if one exists at 
the worksite) to participate in the walkaround, where the consultant 
determines that such additional representatives will further aid the 
visit.
    (ii) If there is no employee representative, or if the consultant is 
unable with reasonable certainty to determine who is such a 
representative, or if the employee representative declines the offer to 
participate, the consultant must confer with a reasonable number of 
employees concerning matters of occupational safety and health.
    (iii) The consultant is authorized to deny the right to accompany 
under this section to any person whose conduct interferes with the 
orderly conduct of the visit.
    (d) Opening and closing conferences. (1) The consultant will 
encourage a joint opening conference with employer and employee 
representatives. If there is an objection to a joint conference, the 
consultant will conduct separate conferences with employer and employee 
representatives. The consultant must inform affected employees, with 
whom he confers, of the purpose of the consultation visit.
    (2) In addition to the requirements of paragraph (c) of this 
section, the consultant will, in the opening conference, explain to the 
employer the relationship between onsite consultation and OSHA 
enforcement activity, explain the obligation to protect employees in the 
event that certain hazardous conditions are identified, and emphasize 
the employer's obligation to post the List of Hazards accompanying the 
consultant's written report as described in paragraph (e)(8) of this 
section.
    (3) At the conclusion of the consultation visit, the consultant will 
conduct a closing conference with employer and employee representatives, 
jointly or separately. The consultant will describe hazards identified 
during the visit and other pertinent issues related to employee safety 
and health.
    (e) Onsite activity. (1) Activity during the onsite consultative 
visit will focus primarily on those areas, conditions, or hazards 
regarding which the employer has requested assistance. An employer may 
expand or reduce the scope of the request at any time during the onsite 
visit. The consultant shall, if prepared and if scheduling priorities 
permit, expand the scope of the visit at the time of the request. If the 
employer's request for expansion necessitates further preparation by the 
consultant or the expertise of another consultant, or if other employer 
requests may merit higher priority, the consultant shall

[[Page 85]]

refer the request to the consultation manager for scheduling. In all 
cases in which the scope of the visit is reduced, the consultant remains 
obligated to work with the employer to ensure correction of those 
serious hazards which are identified during the visit.
    (2) The consultant shall advise the employer as to the employer's 
obligations and responsibilities under applicable Federal or State law 
and implementing regulations.
    (3) Within the scope of the employer's request, consultants shall 
review the employer's safety and health program and provide advice on 
modifications or additions to make such programs more effective.
    (4) Consultants shall identify and provide advice on correction of 
those hazards included in the employer's request and any other safety or 
health hazards observed in the workplace during the course of the onsite 
consultative visit. This advice shall include basic information 
indicating the possibility of a solution and describing the general form 
of the solution. The consultant shall conduct sampling and testing, with 
subsequent analyses. as may be necessary to confirm the existence of 
safety and health hazards.
    (5) Advice and technical assistance on the correction of identified 
safety and health hazards may be provided to employers during and after 
the onsite consultative visit. Descriptive materials may be provided on 
approaches, means, techniques, and other appropriate items commonly 
utilized for the elimination or control of such hazards. The consultants 
shall also advise the employers of additional sources of assistance, if 
known.
    (6) When a hazard is identified in the workplace, the consultant 
shall indicate to the employer the consultant's best judgment as to 
whether the situation would be classified as a ``serious'' or ``other-
than-serious'' hazard.
    (7) At the time the consultant determines that a serious hazard 
exists, the consultant will assist the employer to develop a specific 
plan to correct the hazard, affording the employer a reasonable period 
of time to complete the necessary action. The state must provide, upon 
request from the employer within 15 working days of receipt of the 
consultant's report, a prompt opportunity for an informal discussion 
with the consultation manager regarding the period of time established 
for the correction of a hazard or any other substantive finding of the 
consultant.
    (8) As a condition for receiving the consultation service, the 
employer must agree to post the List of Hazards accompanying the 
consultant's written report, and to notify affected employees when 
hazards are corrected. When received, the List of Hazards must be 
posted, unedited, in a prominent place where it is readily observable by 
all affected employees for 3 working days, or until the hazards are 
corrected, whichever is later. A copy of the List of Hazards must be 
made available to the employee representative who participates in the 
visit. In addition, the employer must agree to make information on the 
corrective actions proposed by the consultant, as well as other-than-
serious hazards identified, available at the worksite for review by 
affected employees or the employee representative. OSHA will not 
schedule a compliance inspection in response to a complaint based upon a 
posted List of Hazards unless the employer fails to meet his obligations 
under paragraph (f) of this section, or fails to provide interim 
protection for exposed employees.
    (f) Employer obligations. (1) An employer must take immediate action 
to eliminate employee exposure to a hazard which, in the judgment of the 
consultant, presents an imminent danger to employees. If the employer 
fails to take the necessary action, the consultant must immediately 
notify the affected employees and the appropriate OSHA enforcement 
authority and provide the relevant information.
    (2) An employer must also take the necessary action in accordance 
with the plan developed under paragraph (e)(7) of this section to 
eliminate or control employee exposure to any identified serious hazard, 
and meet the posting requirements of paragraph (e)(8) of this section. 
In order to demonstrate that the necessary action is being taken, an 
employer may be required to submit periodic reports, permit a follow-up 
visit, or take similar action that achieves the same end.

[[Page 86]]

    (3) An employer may request, and the consultation manager may grant, 
an extension of the time frame established for correction of a serious 
hazard when the employer demonstrates having made a good faith effort to 
correct the hazard within the established time frame; shows evidence 
that correction has not been completed because of factors beyond the 
employer's reasonable control; and shows evidence that the employer is 
taking all available interim steps to safeguard the employees against 
the hazard during the correction period.
    (4) If the employer fails to take the action necessary to correct a 
serious hazard within the established time frame or any extensions 
thereof, the consultation manager shall immediately notify the 
appropriate OSHA enforcement authority and provide the relevant 
information. The OSHA enforcement authority will make a determination, 
based on a review of the facts, whether enforcement activity is 
warranted.
    (5) After correction of all serious hazards, the employer shall 
notify the consultation manager by written confirmation of the 
correction of the hazards, unless correction of the serious hazards is 
verified by direct observation by the consultant.
    (g) Written report. (1) A written report shall be prepared for each 
visit which results in substantive findings or recommendations, and 
shall be sent to the employer. The timing and format of the report shall 
be approved by the Assistant Secretary. The report shall restate the 
employer's request and describe the working conditions examined by the 
consultant; shall, within the scope of the request, evaluate the 
employer's program for ensuring safe and healthful employment and 
provide recommendations for making such programs effective; shall 
identify specific hazards and describe their nature, including reference 
to applicable standards or codes; shall identify the seriousness of the 
hazards; and, to the extent possible, shall include suggested means or 
approaches to their correction. Additional sources of assistance shall 
also be indicated, if known, including the possible need to procure 
specific engineering consultation, medical advice and assistance, and 
other appropriate items. The report shall also include reference to the 
completion dates for the situations described in Sec. 1908.6(f) (1) and 
(2).
    (2) Because the consultant's written report contains information 
considered confidential, and because disclosure of such reports would 
adversely affect the operation of the OSHA consultation program, the 
state shall not disclose the consultant's written report except to the 
employer for whom it was prepared and as provided for in 
Sec. 1908.7(a)(3). The state may also disclose information contained in 
the consultant's written report to the extent required by 29 CFR 
1910.1020 or other applicable OSHA standards or regulations.
    (h) Confidentiality. (1) The consultant shall preserve the 
confidentiality of information obtained as the result of a consultative 
visit which contains or might reveal a trade secret of the employer.
    (2) Disclosure of consultation program information which identifies 
employers who have requested the services of a consultant would 
adversely affect the operation of the OSHA consultation program as well 
as breach the confidentiality of commercial information not customarily 
disclosed by the employer. Accordingly, the state shall keep such 
information confidential. The state shall provide consultation program 
information requested by OSHA, including information which identifies 
employers who have requested consultation services. OSHA may use such 
information to administer the consultation program and to evaluate state 
and federal performance under that program, but shall, to the maximum 
extent permitted by law, treat information which identifies specific 
employers as exempt from public disclosure.

(Approved by the Office of Management and Budget under control number 
1218-0110)

[49 FR 25094, June 19, 1984, as amended at 54 FR 24333, June 7, 1989; 65 
FR 64291, Oct. 26, 2000]



Sec. 1908.7  Relationship to enforcement.

    (a) Independence. (1) Consultative activity by a State shall be 
conducted

[[Page 87]]

independently of any OSHA enforcement activity.
    (2) The consultative activity shall have its own identifiable 
managerial staff. In States with Plans approved under section 18 of the 
Act, this staff will be separate from the managing of compliance 
inspections and scheduling.
    (3) The identity of employers requesting onsite consultation, as 
well as the file of the consultant's visit, shall not be provided to 
OSHA for use in any compliance activity, except as provided for in 
Sec. 1908.6(f)(1) (failure to eliminate imminent danger,) 
Sec. 1908.6(f)(4) (failure to eliminate serious hazards,) paragraph 
(b)(1) of this section (inspection deferral) and paragraph (b)(4) of 
this section (recognition and exemption program).
    (b) Effect upon scheduling. (1) An onsite consultative visit already 
in progress will have priority over OSHA compliance inspections except 
as provided in paragraph (b)(2) of this section. The consultant and the 
employer shall notify the compliance officer of the visit in progress 
and request delay of the inspection until after the visit is completed. 
An onsite consultative visit shall be considered ``in progress'' in 
relation to the working conditions, hazards, or situations covered by 
the visit from the beginning of the opening conference through the end 
of the correction due dates and any extensions thereof. OSHA may, in 
exercising its authority to schedule compliance inspections, assign a 
lower priority to worksites where consultation visits are scheduled.
    (2) The consultant shall terminate an onsite consultative visit 
already in progress where one of the following kinds of OSHA compliance 
inspections is about to take place:
    (i) Imminent danger investigations;
    (ii) Fatality/catastrophe investigations;
    (iii) Complaint investigations;
    (iv) Other critical inspections as determined by the Assistant 
Secretary.
    (3) An onsite consultation visit may not take place while an OSHA 
enforcement inspection is in progress at the establishment. An 
enforcement inspection shall be deemed ``in progress'' from the time a 
compliance officer initially seeks entry to the workplace to the end of 
the closing conference. An enforcement inspection will also be 
considered ``in progress'' in cases where entry is refused, until such 
times as: the inspection is conducted; the RA determines that a warrant 
to require entry to the workplace will not be sought; or the RA 
determines that allowing a consultative visit to proceed is in the best 
interest of employee safety and health. An onsite consultative visit 
shall not take place subsequent to an OSHA enforcement inspection until 
a determination has been made that no citation will be issued, or if a 
citation is issued, onsite consultation shall only take place with 
regard to those citation items which have become final orders.
    (4) The recognition and exemption program operated by the OSHA 
consultation projects provide incentives and support to smaller, high-
hazard employers to work with their employees to develop, implement, and 
continuously improve the effectiveness of their workplace safety and 
health management system.
    (i) Programmed Inspection Schedule. (A) When an employer requests 
participation in a recognition and exemption program, and undergoes a 
consultative visit covering all conditions and operations in the place 
of employment related to occupational safety and health; corrects all 
hazards that were identified during the course of the consultative visit 
within established time frames; has began to implement all the elements 
of an effective safety and health program; and agrees to request a 
consultative visit if major changes in working conditions or work 
processes occur which may introduce new hazards, OSHA's Programmed 
Inspections at that particular site may be deferred while the employer 
is working to achieve recognition and exemption status.
    (B) Employers who meet all the requirements for recognition and 
exemption will have the names of their establishments removed from 
OSHA's Programmed Inspection Schedule for a period of not less than one 
year. The exemption period will extend from the date of issuance by the 
Regional Office of the certificate of recognition.

[[Page 88]]

    (ii) Inspections. OSHA will continue to make inspections in the 
following categories at sites that achieved recognition status and have 
been granted exemption from OSHA's Programmed Inspection Schedule; and 
at sites granted inspection deferrals as provided for under paragraph 
(b)(4)(i)(A) of this section:
    (A) Imminent danger.
    (B) Fatality/Catastrophe.
    (C) Formal Complaints.
    (5) When an employer requests consideration for participation in the 
recognition and exemption program under paragraph (b)(4) of this 
section, the provisions of Sec. 1908.6(e)(7), (e)(8), (f)(3), and (f)(5) 
shall apply to other-than-serious hazards as well as serious hazards.
    (c) Effect upon enforcement. (1) The advice of the consultant and 
the consultant's written report will not be binding on a compliance 
officer in a subsequent enforcement inspection. In a subsequent 
inspection, a compliance officer is not precluded from finding hazardous 
conditions, or violations of standards, rules or regulations, for which 
citations would be issued and penalties proposed.
    (2) The hazard identification and correction assistance given by a 
State consultant, or the failure of a consultant to point out a specific 
hazard, or other possible errors or omissions by the consultant, shall 
not be binding upon a compliance officer and need not affect the regular 
conduct of a compliance inspection or preclude the finding of alleged 
violations and the issuance of citations, or constitute a defense to any 
enforcement action.
    (3) In the event of a subsequent inspection, the employer is not 
required to inform the compliance officer of the prior visit. The 
employer is not required to provide a copy of the state consultant's 
written report to the compliance officer, except to the extent that 
disclosure of information contained in the report is required by 29 CFR 
1910.1020 or other applicable OSHA standard or regulation. If, during a 
subsequent enforcement investigation, OSHA independently determines 
there is reason to believe that the employer: failed to correct serious 
hazards identified during the course of a consultation visit; created 
the same hazard again; or made false statements to the state or OSHA in 
connection with participation in the consultation program, OSHA may 
exercise its authority to obtain the consultation report.
    (4) If, however, the employer chooses to provide a copy of the 
consultant's report to a compliance officer, it may be used as a factor 
in determining the extent to which an inspection is required and as a 
factor in determining proposed penalties. When, during the course of a 
compliance inspection, an OSHA compliance officer identifies the 
existence of serious hazards previously identified as a result of a 
consultative visit, the Area Director shall have authority to assess 
minimum penalties if the employer is in good faith complying with the 
recommendations of a consultant after such consultative visit.

(Approved by the Office of Management and Budget under control number 
1218-0110)

[49 FR 25094, June 19, 1984, as amended at 54 FR 24333, June 7, 1989; 65 
FR 64292, Oct. 26, 2000]



Sec. 1908.8  Consultant specifications.

    (a) Number. (1) The number of consultant positions which will be 
funded under a Cooperative Agreement pursuant to this part for the 
purpose of providing consultation to private sector employers will be 
determined by the Assistant Secretary on the basis of program 
performance, demand for services, industrial mix, resources available, 
and the recommendation of the RA, and may be adjusted periodically.
    (2) States shall make efforts to utilize consultants with the safety 
and health expertise necessary to properly meet the demand for 
consultation by the various industries within a State. The RA will 
determine and negotiate a reasonable balance with the State on an annual 
basis.
    (b) Qualifications. (1) All consultants utilized under Cooperative 
Agreements pursuant to this part shall be employees of the State, 
qualified under State requirements for employment in occupational safety 
and health. They must demonstrate adequate education and experience to 
satisfy the RA before assignment to work under an Agreement, and 
annually thereafter, that they

[[Page 89]]

meet the requirements set out in Sec. 1908.8(b)(2), and that they have 
the ability to perform satisfactorily pursuant to the Cooperative 
Agreement. Persons who have the potential but do not yet demonstrate 
adequate education and experience to satisfy the RA that they have the 
ability to perform consultant duties independently may, with RA 
approval, be trained under a Cooperative Agreement to perform consultant 
duties. Such persons may not, however, perform consultant duties 
independently until it has been determined by the RA that they meet the 
requirements and have the ability indicated. All consultants shall be 
selected in accordance with the provisions of Executive Order 11246 of 
September 24, 1965, as amended, entitled ``Equal Employment 
Opportunity.''
    (2) Minimum requirements of consultants shall include the following:
    (i) The ability to identify hazards; the ability to assess employee 
exposure and risk; knowledge of OSHA standards; knowledge of hazard 
correction techniques and practices; knowledge of workplace safety and 
health program requirements; and the ability to effectively communicate, 
both orally and in writing.
    (ii) Consultants shall meet any additional degree and/or experience 
requirements as may be established by the Assistant Secretary.
    (c) Training. As necessary, the Assistant Secretary will specify 
immediate and continuing training requirements for consultants. Expenses 
for training which is required by the Assistant Secretary or approved by 
the RA will be reimbursed in full.



Sec. 1908.9  Monitoring and evaluation.

    (a) Assistant Secretary responsibility. A State's performance under 
a Cooperative Agreement will be regularly monitored and evaluated by the 
Assistant Secretary as part of a systematic Federal plan for this 
activity. The Assistant Secretary may require changes as a result of 
these evaluations to foster conformance with consultation policy. If the 
State policies or practices which require change are such that the 
State's assurance of correction of serious hazards and of the 
effectiveness of employers' safety and health programs is in doubt, the 
Assistant Secretary may, pending the completion of the changes, suspend 
recognition of a State's consultative visits as a basis for exemption 
from compliance inspection as permitted under Sec. 1908.7(b)(4).
    (b) Consultant performance--(1) State activity. The State shall 
establish and maintain an organized consultant performance monitoring 
system under the Cooperative Agreement:
    (i) Operation of the system shall conform to all requirements 
established by the Assistant Secretary. The system shall be approved by 
the Assistant Secretary before it is placed in operation.
    (ii) A performance evaluation of each State consultant performing 
consultation services for employers shall be prepared annually. All 
aspects of a consultant's performance shall be reviewed at that time. 
Recommendation for remedial action shall be made and acted upon. The 
annual evaluation report shall be a confidential State personnel record 
and may be timed to coincide with regular personnel evaluations.
    (iii) Performance of individual consultants shall be measured in 
terms of their ability to identify hazards in the workplaces which they 
have visited; their ability to determine employee exposure and risk, and 
in particular their performance under Sec. 1908.6 (e) and (f); their 
knowledge and application of applicable Federal or State statutes, 
regulations or standards; their knowledge and application of appropriate 
hazard correction techniques and approaches; their knowledge and 
application of the requirements of an effective workplace safety and 
health program; and their ability to communicate effectively their 
findings and recommendations and the reasons for them to employers, and 
relevant information, skills and techniques to employers and employees.
    (iv) Accompanied visits to observe consultants during onsite 
consultative visits shall be conducted periodically in accord with a 
plan established in each annual Cooperative Agreement. The State may 
also conduct unaccompanied visits to workplaces which received onsite 
consultation, for the purpose of evaluating consultants. A written 
report of each visit shall be provided to the consultant. These visits

[[Page 90]]

shall be conducted only with the expressed permission of the employer 
who requests the onsite consultative visit.
    (v) The State will report quarterly to the RA on system operations, 
including copies of accompanied visit reports completed that quarter.
    (2) Federal activity. State consultant performance monitoring as set 
out in Sec. 1908.9(b)(1) shall not preclude Federal monitoring activity 
by methods determined to be appropriate by the Assistant Secretary.
    (c) State reporting. For Federal monitoring and evaluation purposes, 
the State shall compile and submit such factual and statistical data in 
the format and at the frequency required by the Assistant Secretary. The 
State shall prepare and submit to the RA any narrative reports, 
including copies of written reports to employers as may be required by 
the Assistant Secretary.

(Approved by the Office of Management and Budget under control number 
1218-0110)

[49 FR 25094, June 19, 1984, as amended at 54 FR 24333, June 7, 1989]



Sec. 1908.10  Cooperative Agreements.

    (a) Who may make Agreements. The Assistant Secretary may make a 
Cooperative Agreement under this part with the Governor of a State or 
with any State agency designated for that purpose by the Governor.
    (b) Negotiations. (1) Procedures for negotiations may be obtained 
through the RA who will negotiate for the Assistant Secretary and make 
final recommendations on each Agreement to the Assistant Secretary.
    (2) States with Plans approved under section 18 of the Act may 
initiate negotiations in anticipation of the withdrawal from the Plan of 
Federally funded onsite consultation services to private sector 
employers.
    (3) Renegotiation of existing Agreements funded under this part 
shall be initiated within 30 days of the effective date of these 
revisions.
    (c) Contents of Cooperative Agreement. (1) Any Agreement and 
subsequent modifications shall be in writing and signed by both parties.
    (2) Each Agreement shall provide that the State will conform its 
operations under the Agreement to:
    (i) The requirements contained in this part 1908;
    (ii) All related formal directives subsequently issued by the 
Assistant Secretary implementing this regulation.
    (3) Each Agreement shall contain such other explicit written 
commitments in conformance with the provisions of this part as may be 
required by the Assistant Secretary. Each Agreement shall also include a 
budget of the State's anticipated expenditures under the Agreement, in 
the detail and format required by the Assistant Secretary.
    (d) Location of sample Cooperative Agreement. A sample Agreement is 
available for inspection at all Regional Offices of the Occupational 
Safety and Health Administration of the U.S. Department of Labor.
    (e) Action upon requests. The State will be notified within a 
reasonable period of time of any decision concerning its request for a 
Cooperative Agreement. If a request is denied, the State will be 
informed in writing of the reasons supporting the decision. If a 
Cooperative Agreement is negotiated, the initial finding will specify 
the period for the Agreement. Additional funds may be added at a later 
time provided the activity is satisfactorily carried out and 
appropriations are available. The State may also be required to amend 
the Agreement for continued support.
    (f) Termination. Either party may terminate a Cooperative Agreement 
under this part upon 30 days' written notice to the other party.

(Approved by the Office of Management and Budget under control number 
1218-0110)

[49 FR 25094, June 19, 1984, as amended at 54 FR 24333, June 7, 1989]



Sec. 1908.11  Exclusions.

    A Cooperative Agreement under this part will not restrict in any 
manner the authority and responsibility of the Assistant Secretary under 
sections 8, 9, 10, 13, and 17 of the Act, or any corresponding State 
authority.

[[Page 91]]



PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents




                           Subpart A--General

Sec.
1910.1  Purpose and scope.
1910.2  Definitions.
1910.3  Petitions for the issuance, amendment, or repeal of a standard.
1910.4  Amendments to this part.
1910.5  Applicability of standards.
1910.6  Incorporation by reference.
1910.7  Definition and requirements for a nationally recognized testing 
          laboratory.
1910.8  OMB control numbers under the Paperwork Reduction Act.

   Subpart B--Adoption and Extension of Established Federal Standards

1910.11  Scope and purpose.
1910.12  Construction work.
1910.15  Shipyard employment.
1910.16  Longshoring and marine terminals.
1910.17  Effective dates.
1910.18  Changes in established Federal standards.
1910.19  Special provisions for air contaminants.

Subpart C [Reserved]

                   Subpart D--Walking-Working Surfaces

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

                       Subpart E--Means of Egress

1910.35  Definitions.
1910.36  General requirements.
1910.37  Means of egress, general.
1910.38  Employee emergency plans and fire prevention plans.

Appendix to Subpart E to Part 1910--Means of Egress

    Subpart F--Powered Platforms, Manlifts, and Vehicle-Mounted Work 
                                Platforms

1910.66  Powered platforms for building maintenance.
1910.67  Vehicle-mounted elevating and rotating work platforms.
1910.68  Manlifts.

        Subpart G--Occupational Health and Environmental Control

1910.94  Ventilation.
1910.95  Occupational noise exposure.
1910.97  Nonionizing radiation.
1910.98  Effective dates.

                     Subpart H--Hazardous Materials

1910.101  Compressed gases (general requirements).
1910.102  Acetylene.
1910.103  Hydrogen.
1910.104  Oxygen.
1910.105  Nitrous oxide.
1910.106  Flammable and combustible liquids.
1910.107  Spray finishing using flammable and combustible materials.
1910.108  [Reserved]
1910.109  Explosives and blasting agents.
1910.110  Storage and handling of liquified petroleum gases.
1910.111  Storage and handling of anhydrous ammonia.
1910.112-1910.113  [Reserved]
1910.119  Process safety management of highly hazardous chemicals.
1910.120  Hazardous waste operations and emergency response.
1910.121  [Reserved]

                     Dipping and Coating Operations

1910.122  Table of contents.
1910.123  Dipping and coating operations: Coverage and definitions.
1910.124  General requirements for dipping and coating operations.
1910.125  Additional requirements for dipping and coating operations 
          that use flammable or combustible liquids.
1910.126  Additional requirements for special dipping and coating 
          operations.

                Subpart I--Personal Protective Equipment

1910.132  General requirements.
1910.133  Eye and face protection.
1910.134  Respiratory protection.
1910.135  Head protection.
1910.136  Foot protection.
1910.137  Electrical protective equipment.
1910.138  Hand protection.
1910.139  Respiratory protection for M. tuberculosis.

Appendix A to Subpart I to Part 1910--References for Further Information 
          (Non-mandatory)
Appendix B to Subpart I to Part 1910--Non-mandatory Compliance 
          Guidelines for Hazard Assessment and Personal Protective 
          Equipment Selection

                Subpart J--General Environmental Controls

1910.141  Sanitation.

[[Page 92]]

1910.142  Temporary labor camps.
1910.143  Nonwater carriage disposal systems. [Reserved]
1910.144  Safety color code for marking physical hazards.
1910.145  Specifications for accident prevention signs and tags.
1910.146  Permit-required confined spaces.
1910.147  The control of hazardous energy (lockout/tagout).

                    Subpart K--Medical and First Aid

1910.151  Medical services and first aid.
1910.152  [Reserved]

                       Subpart L--Fire Protection

1910.155  Scope, application and definitions applicable to this subpart.
1910.156  Fire brigades.

                   Portable Fire Suppression Equipment

1910.157  Portable fire extinguishers.
1910.158  Standpipe and hose systems.

                    Fixed Fire Suppression Equipment

1910.159  Automatic sprinkler systems.
1910.160  Fixed extinguishing systems, general.
1910.161  Fixed extinguishing systems, dry chemical.
1910.162  Fixed extinguishing systems, gaseous agent.
1910.163  Fixed extinguishing systems, water spray and foam.

                      Other Fire Protection Systems

1910.164  Fire detection systems.
1910.165  Employee alarm systems.

Appendix A to Subpart L to Part 1910--Fire Protection
Appendix B to Subpart L to Part 1910--National Consensus Standards
Appendix C to Subpart L to Part 1910--Fire Protection References For 
          Further Information
Appendix D to Subpart L to Part 1910--Availability of Publications 
          Incorporated by Reference in Section 1910.156 Fire Brigades
Appendix E to Subpart L to Part 1910--Test Methods for Protective 
          Clothing

         Subpart M--Compressed Gas and Compressed Air Equipment

1910.166-1910.168  [Reserved]
1910.169  Air receivers.

                Subpart N--Materials Handling and Storage

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

                Subpart O--Machinery and Machine Guarding

1910.211  Definitions.
1910.212  General requirements for all machines.
1910.213  Woodworking machinery requirements.
1910.214  Cooperage machinery. [Reserved]
1910.215  Abrasive wheel machinery.
1910.216  Mills and calenders in the rubber and plastics industries.
1910.217  Mechanical power presses.
1910.218  Forging machines.
1910.219  Mechanical power-transmission apparatus.

Subpart P--Hand and Portable Powered Tools and Other Hand-Held Equipment

1910.241  Definitions.
1910.242  Hand and portable powered tools and equipment, general.
1910.243  Guarding of portable powered tools.
1910.244  Other portable tools and equipment.

                 Subpart Q--Welding, Cutting and Brazing

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

                      Subpart R--Special Industries

1910.261  Pulp, paper, and paperboard mills.
1910.262  Textiles.
1910.263  Bakery equipment.
1910.264  Laundry machinery and operations.
1910.265  Sawmills.
1910.266  Logging operations.
1910.268  Telecommunications.
1910.269  Electric power generation, transmission, and distribution.
1910.272  Grain handling facilities.

                          Subpart S--Electrical

                                 General

1910.301  Introduction.

             Design Safety Standards for Electrical Systems

1910.302  Electric utilization systems.
1910.303  General requirements.
1910.304  Wiring design and protection.

[[Page 93]]

1910.305  Wiring methods, components, and equipment for general use.
1910.306  Specific purpose equipment and installations.
1910.307  Hazardous (classified) locations.
1910.308  Special systems.
1910.309-1910.330  [Reserved]

                      Safety-Related Work Practices

1910.331  Scope.
1910.332  Training.
1910.333  Selection and use of work practices.
1910.334  Use of equipment.
1910.335  Safeguards for personnel protection.
1910.336-1910.360  [Reserved]

                 Safety-Related Maintenance Requirements

1910.361-1910.380  [Reserved]

                Safety Requirements for Special Equipment

1910.381-1910.398  [Reserved]

                               Definitions

1910.399  Definitions applicable to this subpart.

Appendix A to Subpart S to Part 1910--Reference Documents
Appendix B to Subpart S to Part 1910--Explanatory Data [Reserved]
Appendix C to Subpart S to Part 1910--Tables, Notes, and Charts 
          [Reserved]

                 Subpart T--Commercial Diving Operations

                                 General

1910.401  Scope and application.
1910.402  Definitions.

                         Personnel Requirements

1910.410  Qualifications of dive team.

                      General Operations Procedures

1910.420  Safe practices manual.
1910.421  Pre-dive procedures.
1910.422  Procedures during dive.
1910.423  Post-dive procedures.

                     Specific Operations Procedures

1910.424  SCUBA diving.
1910.425  Surface-supplied air diving.
1910.426  Mixed-gas diving.
1910.427  Liveboating.

                  Equipment Procedures and Requirements

1910.430  Equipment.

                              Recordkeeping

1910.440  Recordkeeping requirements.
1910.441  Effective date.

Appendix A to Subpart T to Part 1910--Examples of Conditions Which May 
          Restrict or Limit Exposure to Hyperbaric Conditions
Appendix B to Subpart T to Part 1910--Guidelines for Scientific Diving

                        Subparts U-Y  [Reserved]

1910.901-1910.999  [Reserved]

    Source: 39 FR 23502, June 27, 1974, unless otherwise noted.



                           Subpart A--General

    Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 
(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), or 
6-96 (62 FR 111), as applicable.
    Sections 1910.7 and 1910.8 also issued under 29 CFR Part 1911. 
Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5 
U.S.C. 553; Pub. L. 106-113 (113 Stat. 1501A-222); and OMB Circular A-25 
(dated July 8, 1993) (58 FR 38142, July 15, 1993).



Sec. 1910.1  Purpose and scope.

    (a) Section 6(a) of the Williams-Steiger Occupational Safety and 
Health Act of 1970 (84 Stat. 1593) provides that ``without regard to 
chapter 5 of title 5, United States Code, or to the other subsections of 
this section, the Secretary shall, as soon as practicable during the 
period beginning with the effective date of this Act and ending 2 years 
after such date, by rule promulgate as an occupational safety or health 
standard any national consensus standard, and any established Federal 
standard, unless he determines that the promulgation of such a standard 
would not result in improved safety or health for specifically 
designated employees.'' The legislative purpose of this provision is to 
establish, as rapidly as possible and without regard to the rule-making 
provisions of the Administrative Procedure Act, standards with which 
industries are generally familiar, and on whose adoption interested and 
affected persons have already had an opportunity to express their views. 
Such standards are either (1) national concensus standards on whose 
adoption affected persons have reached substantial agreement, or (2) 
Federal standards already established by Federal statutes or 
regulations.
    (b) This part carries out the directive to the Secretary of Labor 
under section

[[Page 94]]

6(a) of the Act. It contains occupational safety and health standards 
which have been found to be national consensus standards or established 
Federal standards.



Sec. 1910.2  Definitions.

    As used in this part, unless the context clearly requires otherwise:
    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970 (84 Stat. 1590).
    (b) Assistant Secretary of Labor means the Assistant Secretary of 
Labor for Occupational Safety and Health;
    (c) Employer means a person engaged in a business affecting commerce 
who has employees, but does not include the United States or any State 
or political subdivision of a State;
    (d) Employee means an employee of an employer who is employed in a 
business of his employer which affects commerce;
    (e) Commerce means trade, traffic, commerce, transportation, or 
communication among the several States, or between a State and any place 
outside thereof, or within the District of Columbia, or a possession of 
the United States (other than the Trust Territory of the Pacific 
Islands), or between points in the same State but through a point 
outside thereof;
    (f) Standard means a standard which requires conditions, or the 
adoption or use of one or more practices, means, methods, operations, or 
processes, reasonably necessary or appropriate to provide safe or 
healthful employment and places of employment;
    (g) National consensus standard means any standard or modification 
thereof which (1) has been adopted and promulgated by a nationally 
recognized standards-producing organization under procedures whereby it 
can be determined by the Secretary of Labor or by the Assistant 
Secretary of Labor that persons interested and affected by the scope or 
provisions of the standard have reached substantial agreement on its 
adoption, (2) was formulated in a manner which afforded an opportunity 
for diverse views to be considered, and (3) has been designated as such 
a standard by the Secretary or the Assistant Secretary, after 
consultation with other appropriate Federal agencies; and
    (h) Established Federal standard means any operative standard 
established by any agency of the United States and in effect on April 
28, 1971, or contained in any Act of Congress in force on the date of 
enactment of the Williams-Steiger Occupational Safety and Health Act.



Sec. 1910.3  Petitions for the issuance, amendment, or repeal of a standard.

    (a) Any interested person may petition in writing the Assistant 
Secretary of Labor to promulgate, modify, or revoke a standard. The 
petition should set forth the terms or the substance of the rule 
desired, the effects thereof if promulgated, and the reasons therefor.
    (b)(1) The relevant legislative history of the Act indicates 
congressional recognition of the American National Standards Institute 
and the National Fire Protection Association as the major sources of 
national consensus standards. National consensus standards adopted on 
May 29, 1971, pursuant to section 6(a) of the Act are from those two 
sources. However, any organization which deems itself a producer of 
national consensus standards, within the meaning of section 3(9) of the 
Act, is invited to submit in writing to the Assistant Secretary of Labor 
at any time prior to February 1, 1973, all relevant information which 
may enable the Assistant Secretary to determine whether any of its 
standards satisfy the requirements of the definition of ``national 
consensus standard'' in section 3(9) of the Act.
    (2) Within a reasonable time after the receipt of a submission 
pursuant to paragraph (b)(1) of this section, the Assistant Secretary of 
Labor shall publish or cause to be published in the Federal Register a 
notice of such submission, and shall afford interested persons a 
reasonable opportunity to present written data, views, or arguments with 
regard to the question whether any standards of the organization making 
the submission are national consensus standards.



Sec. 1910.4  Amendments to this part.

    (a) The Assistant Secretary of Labor shall have all of the authority 
of the

[[Page 95]]

Secretary of Labor under sections 3(9) and 6(a) of the Act.
    (b) The Assistant Secretary of Labor may at any time before April 
28, 1973, on his own motion or upon the written petition of any person, 
by rule promulgate as a standard any national consensus standard and any 
established Federal standard, pursuant to and in accordance with section 
6(a) of the Act, and, in addition, may modify or revoke any standard in 
this part 1910. In the event of conflict among any such standards, the 
Assistant Secretary of Labor shall take the action necessary to 
eliminate the conflict, including the revocation or modification of a 
standard in this part, so as to assure the greatest protection of the 
safety or health of the affected employees.



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, 
Trust Territory of the Pacific Islands, Wake Island, Outer Continental 
Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston 
Island, and the Canal Zone.
    (b) None of the standards in this part shall apply to working 
conditions of employees with respect to which Federal agencies other 
than the Department of Labor, or State agencies acting under section 274 
of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise 
statutory authority to prescribe or enforce standards or regulations 
affecting occupational safety or health.
    (c)(1) If a particular standard is specifically applicable to a 
condition, practice, means, method, operation, or process, it shall 
prevail over any different general standard which might otherwise be 
applicable to the same condition, practice, means, method, operation, or 
process. For example, Sec. 1915.23(c)(3) of this title prescribes 
personal protective equipment for certain ship repairmen working in 
specified areas. Such a standard shall apply, and shall not be deemed 
modified nor superseded by any different general standard whose 
provisions might otherwise be applicable, to the ship repairmen working 
in the areas specified in Sec. 1915.23(c)(3).
    (2) On the other hand, any standard shall apply according to its 
terms to any employment and place of employment in any industry, even 
though particular standards are also prescribed for the industry, as in 
subpart B or subpart R of this part, to the extent that none of such 
particular standards applies. To illustrate, the general standard 
regarding noise exposure in Sec. 1910.95 applies to employments and 
places of employment in pulp, paper, and paperboard mills covered by 
Sec. 1910.261.
    (d) In the event a standard protects on its face a class of persons 
larger than employees, the standard shall be applicable under this part 
only to employees and their employment and places of employment.
    (e) [Reserved]
    (f) An employer who is in compliance with any standard in this part 
shall be deemed to be in compliance with the requirement of section 
5(a)(1) of the Act, but only to the extent of the condition, practice, 
means, method, operation, or process covered by the standard.

[39 FR 23502, June 27, 1974, as amended at 58 FR 35308, June 30, 1993]



Sec. 1910.6  Incorporation by reference.

    (a)(1) The standards of agencies of the U.S. Government, and 
organizations which are not agencies of the U.S. Government which are 
incorporated by reference in this part, have the same force and effect 
as other standards in this part. Only the mandatory provisions (i.e., 
provisions containing the word ``shall'' or other mandatory language) of 
standards incorporated by reference are adopted as standards under the 
Occupational Safety and Health Act.
    (2) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection at the national office of the Occupational Safety and Health 
Administration, U.S. Department of Labor, Washington, DC 20210.

[[Page 96]]

    (3) The materials listed in paragraphs (b) through (w) of this 
section are incorporated by reference in the corresponding sections 
noted as they exist on the date of the approval, and a notice of any 
change in these materials will be published in the Federal Register. 
These incorporations by reference were approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (4) Copies of the following standards that are issued by the 
respective private standards organizations may be obtained from the 
issuing organizations. The materials are available for purchase at the 
corresponding addresses of the private standards organizations noted 
below. In addition, all are available for inspection at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington DC, and through the OSHA Docket Office, room N2625, U.S. 
Department of Labor, 200 Constitution Ave., Washington, DC 20210, or any 
of its regional offices.
    (b) The following material is available for purchase from the 
American Conference of Governmental Industrial Hygienists (ACGIH), 1014 
Broadway, Cincinnati OH 45202:
    (1) ``Industrial Ventilation: A Manual of Recommended Practice'' 
(22nd ed., 1995), incorporation by reference (IBR) approved for 
Sec. 1910.124(b)(4)(iii).
    (2) Threshold Limit Values and Biological Exposure Indices for 1986-
87 (1986), IBR approved for Sec. 1910.120, PEL definition.
    (c) The following material is available for purchase from the 
American Society of Agricultural Engineers (ASAE), 2950 Niles Road, Post 
Office Box 229, St. Joseph, MI 49085:
    (1) ASAE Emblem for Identifying Slow Moving Vehicles, ASAE S276.2 
(1968), IBR approved for Sec. 1910.145(d)(10).
    (2) [Reserved]
    (d) The following material is available for purchase from the 
Agriculture Ammonia Institute-Rubber Manufacturers (AAI-RMA) 
Association, 1400 K St. NW, Washington DC 20005:
    (1) AAI-RMA Specifications for Anhydrous Ammonia Hose, IBR approved 
for Sec. 1910.111(b)(8)(i).
    (2) [Reserved]
    (e) The following material is available for purchase from the 
American National Standards Institute (ANSI), 11 West 42nd St., New 
York, NY 10036:
    (1) ANSI A10.2-44 Safety Code for Building Construction, IBR 
approved for Sec. 1910.144(a)(1)(ii).
    (2) ANSI A10.3-70 Safety Requirements for Explosive-Actuated 
Fastening Tools, IBR approved for Sec. 1910.243(d)(1)(i).
    (3) ANSI A11.1-65 (R 70) Practice for Industrial Lighting, IBR 
approved for Secs. 1910.219(c)(5)(iii); 1910.261 (a)(3)(i), (c)(10), and 
(k)(21); and 1910.265(c)(2).
    (4) ANSI A11.1-65 Practice for Industrial Lighting, IBR approved for 
Secs. 1910.262(c)(6) and 1910.265(d)(2)(i)(a).
    (5) ANSI A12.1-67 Safety Requirements for Floor and Wall Openings, 
Railings, and Toe Boards, IBR approved for Secs. 1910.66 appendix D, 
(c)(4); 1910.68 (b)(4) and (b)(8)(ii); 1910.261 (a)(3)(ii), (b)(3), 
(c)(3)(i), (c)(15)(ii), (e)(4), (g)(13), (h)(1), (h)(3)(vi), (j)(4) (ii) 
and (iv), (j)(5)(i), (k)(6), (k)(13)(i), and (k)(15).
    (6) ANSI A13.1-56 Scheme for the Identification of Piping Systems, 
IBR approved for Secs. 1910.253(d)(4)(ii); 1910.261(a)(3)(iii); 
1910.262(c)(7).
    (7) ANSI A14.1-68 Safety Code for Portable Wood Ladders, 
Supplemented by ANSI A14.1a-77, IBR approved for Sec. 1910.261 
(a)(3)(iv) and (c)(3)(i).
    (8) ANSI A14.2-56 Safety Code for Portable Metal Ladders, 
Supplemented by ANSI A14.2a-77, IBR approved for Sec. 1910.261 (a)(3)(v) 
and (c)(3)(i).
    (9) ANSI A14.3-56 Safety Code for Fixed Ladders, IBR approved for 
Secs. 1910.68(b) (4) and (12); 1910.179(c)(2); and 1910.261 (a)(3)(vi) 
and (c)(3)(i).
    (10) ANSI A17.1-65 Safety Code for Elevators, Dumbwaiters and Moving 
Walks, Including Supplements, A17.1a (1967); A17.1b (1968); A17.1c 
(1969); A17.1d (1970), IBR approved for Sec. 1910.261 (a)(3)(vii), 
(g)(11)(i), and (l)(4).
    (11) ANSI A17.2-60 Practice for the Inspection of Elevators, 
Including Supplements, A17.2a (1965), A17.2b (1967), IBR approved for 
Sec. 1910.261(a)(3)(viii).
    (12) ANSI A90.1-69 Safety Standard for Manlifts, IBR approved for 
Sec. 1910.68(b)(3).
    (13) ANSI A92.2-69 Standard for Vehicle Mounted Elevating and 
Rotating Work Platforms, IBR approved for Sec. 1910.67 (b)(1), (2), 
(c)(3), and (4) and 1910.268(s)(1)(v).

[[Page 97]]

    (14) ANSI A120.1-70 Safety Code for Powered Platforms for Exterior 
Building Maintenance, IBR approved for Sec. 1910.66 app. D (b) through 
(d).
    (15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of 
Abrasive Wheels, IBR approved for Secs. 1910.94(b)(5)(i)(a); 
1910.215(b)(12); and 1910.218(j)(5).
    (16) ANSI B15.1-53 (R 58) Safety Code for Mechanical Power 
Transmission Apparatus, IBR approved for Secs. 1910.68(b)(4) and 
1910.261 (a)(3)(ix), (b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv), 
(k)(12), and (l)(3).
    (17) ANSI B20.1-57 Safety Code for Conveyors, Cableways, and Related 
Equipment, IBR approved for Secs. 1910.218(j)(3); 1910.261 (a)(3)(x), 
(b)(1), (c)(15)(iv), (f)(4), and (j)(2); 1910.265(c)(18)(i).
    (18) ANSI B30.2-43 (R 52) Safety Code for Cranes, Derricks, and 
Hoists, IBR approved for Sec. 1910.261 (a)(3)(xi), (c)(2)(vi), and 
(c)(8) (i) and (iv).
    (19) ANSI B30.2.0-67 Safety Code for Overhead and Gantry Cranes, IBR 
approved for Secs. 1910.179(b)(2); 1910.261 (a)(3)(xii), (c)(2)(v), and 
(c)(8) (i) and (iv).
    (20) ANSI B30.5-68 Safety Code for Crawler, Locomotive, and Truck 
Cranes, IBR approved for Secs. 1910.180(b)(2) and 1910.261(a)(3)(xiii).
    (21) ANSI B30.6-69 Safety Code for Derricks, IBR approved for 
Secs. 1910.181(b)(2) and 1910.268(j)(4)(iv) (E) and (H).
    (22) ANSI B31.1-55 Code for Pressure Piping, IBR approved for 
Sec. 1910.261(g)(18)(iii).
    (23) ANSI B31.1-67, IBR approved for Sec. 1910.253(d)(1)(i)(A)
    (24) ANSI B31.1a-63 Addenda to ANSI B31.1 (1955), IBR approved for 
Sec. 1910.261(g)(18)(iii).
    (25) ANSI B31.1-67 and Addenda B31.1 (1969) Code for Pressure 
Piping, IBR approved for Secs. 1910.103(b)(1)(iii)(b); 
1910.104(b)(5)(ii); 1910.218 (d)(4) and (e)(1)(iv); and 1910.261 
(a)(3)(xiv) and (g)(18)(iii).
    (26) ANSI B31.2-68 Fuel Gas Piping, IBR approved for 
Sec. 1910.261(g)(18)(iii).
    (27) ANSI B31.3-66 Petroleum Refinery Piping, IBR approved for 
Sec. 1910.103(b)(3)(v)(b).
    (28) ANSI B31.5-66 Addenda B31.5a (1968) Refrigeration Piping, IB 
approved for Secs. 1910.103(b)(3)(v)(b) and 1910.111(b)(7)(iii).
    (29) ANSI B56.1-69 Safety Standard for Powered Industrial Trucks, 
IBR approved for Secs. 1910.178(a) (2) and (3) and 1910.261 (a)(3)(xv), 
(b)(6), (m)(2), and (m)(5)(iii).
    (30) ANSI B57.1-65 Compressed Gas Cylinder Valve Outlet and Inlet 
Connections, IBR approved for Sec. 1910.253(b)(1)(iii).
    (31) ANSI B71.1-68 Safety Specifications for Power Lawn Mowers, IBR 
approved for Sec. 1910.243(e)(1)(i).
    (32) ANSI B175.1-1991, Safety Requirements for Gasoline-Powered 
Chain Saws 1910.266(e)(2)(i).
    (33) ANSI C1-71 National Electrical Code, IBR approved for 
Sec. 1910.66 appendix D (c)(22) (i) and (vii).
    (34) ANSI C33.2-56 Safety Standard for Transformer-Type Arc Welding 
Machines, IBR approved for Sec. 1910.254(b)(1).
    (35) ANSI D8.1-67 Practices for Railroad Highway Grade Crossing 
Protection, IBR approved for Sec. 1910.265(c)(31)(i).
    (36) ANSI H23.1-70 Seamless Copper Water Tube Specification, IBR 
approved for Sec. 1910.110(b) (8)(ii) and (13)(ii)(b)(1).
    (37) ANSI H38.7-69 Specification for Aluminum Alloy Seamless Pipe 
and Seamless Extruded Tube, IBR approved for Sec. 1910.110(b)(8)(i).
    (38) ANSI J6.4-71 Standard Specification for Rubber Insulating 
Blankets, IBR approved for Sec. 1910.268 (f)(1) and (n)(11)(v).
    (39) ANSI J6.6-71 Standard Specification for Rubber Insulating 
Gloves, IBR approved for Sec. 1910.268 (f)(1) and (n)(11)(iv).
    (40) ANSI K13.1-67 Identification of Gas Mask Canisters, IBR 
approved for Sec. 1910.261 (a)(3)(xvi) and (h)(2)(iii).
    (41) ANSI K61.1-60 Safety Requirements for the Storage and Handling 
of Anhydrous Ammonia, IBR approved for Sec. 1910.111(b)(11)(i).
    (42) ANSI K61.1-66 Safety Requirements for the Storage and Handling 
of Anhydrous Ammonia, IBR approved for Sec. 1910.111(b)(11)(i).
    (43) ANSI O1.1-54 (R 61) Safety Code for Woodworking Machinery, IBR 
approved for Sec. 1910.261 (a)(3)(xvii), (e)(7), and (i)(2).

[[Page 98]]

    (44) ANSI S1.4-71 (R 76) Specification for Sound Level Meters, IBR 
approved for Sec. 1910.95 appendixes D and I.
    (45) ANSI S1.11-71 (R 76) Specification for Octave, Half-Octave and 
Third-Octave Band Filter Sets, IBR approved for Sec. 1910.95 appendix D.
    (46) ANSI S3.6-69 Specifications for Audiometers, IBR approved for 
Sec. 1910.95(h)(2) and (5)(ii) and appendix D.
    (47) ANSI Z4.1-68 Requirements for Sanitation in Places of 
Employment, IBR approved for Sec. 1910.261 (a)(3)(xviii) and 
(g)(15)(vi).
    (48) ANSI Z4.2-42 Standard Specifications for Drinking Fountains, 
IBR approved for Sec. 1910.142(c)(4).
    (49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open 
Surface Tanks, IBR approved for Secs. 1910.94(c)(5)(iii)(e) and 1910.261 
(a)(3)(xix), (g)(18)(v), and (h)(2)(i).
    (50) ANSI Z9.1-71 Practices for Ventilation and Operation of Open-
Surface Tanks, IBR approved for Sec. 1910.124(b)(4)(iv).
    (51) ANSI Z9.2-60 Fundamentals Governing the Design and Operation of 
Local Exhaust Systems, IBR approved for Secs. 1910.94(a)(4)(i) 
introductory text, (a)(6) introductory text, (b)(3)(ix), (b)(4)(i) and 
(ii), (c)(3)(i) introductory text, (c)(5)(iii)(b), and (c)(7)(iv)(a); 
1910.261(a)(3)(xx), (g)(1)(i) and (iii), and (h)(2)(ii).
    (52) ANSI Z9.2-79 Fundamentals Governing the Design and Operation of 
Local Exhaust Systems, IBR approved for Sec. 1910.124(b)(4)(i).
    (53) ANSI Z12.12-68 Standard for the Prevention of Sulfur Fires and 
Explosions, IBR approved for Sec. 1910.261 (a)(3)(xxi), (d)(1)(i), 
(f)(2)(iv), and (g)(1)(i).
    (54) ANSI Z12.20-62 (R 69) Code for the Prevention of Dust 
Explosions in Woodworking and Wood Flour Manufacturing Plants, IBR 
approved for Sec. 1910.265(c)(20)(i).
    (55) ANSI Z21.30-64 Requirements for Gas Appliances and Gas Piping 
Installations, IBR approved for Sec. 1910.265(c)(15).
    (56) ANSI Z24.22-57 Method of Measurement of Real-Ear Attenuation of 
Ear Protectors at Threshold, IBR approved for Sec. 1910.261(a)(3)(xxii).
    (57) ANSI Z33.1-61 Installation of Blower and Exhaust Systems for 
Dust, Stock, and Vapor Removal or Conveying, IBR approved for 
Secs. 1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii) and (f)(5); and 
1910.265(c)(20)(i).
    (58) ANSI Z33.1-66 Installation of Blower and Exhaust Systems for 
Dust, Stock, and Vapor Removal or Conveying, IBR approved for 
Sec. 1910.94(a)(2)(ii).
    (59) ANSI Z35.1-68 Specifications for Accident Prevention Signs, IBR 
approved for Sec. 1910.261 (a)(3)(xxiv) and (c)(16).
    (60) ANSI Z41.1-67 Men's Safety Toe Footwear, IBR approved for 
Secs. 1910.94(a)(5)(v); 1910.136(b)(2) and 1910.261(i)(4).
    (61) ANSI Z41-91, Personal Protection-Protective Footwear, IBR 
approved for Sec. 1910.136(b)(1).
    (62) ANSI Z48.1-54 Method for Marking Portable Compressed Gas 
Containers to Identify the Material Contained, IBR approved for 
Secs. 1910.103(b)(1)(i)(c); 1910.110(b)(5)(iii); and 1910.253(b)(1)(ii).
    (63) ANSI Z48.1-54 (R 70) Method for Marking Portable Compressed Gas 
Containers To Identify the Material Contained, IBR approved for 
Secs. 1910.111(e)(1) and 1910.134(d)(4).
    (64) ANSI Z49.1-67 Safety in Welding and Cutting, IBR approved for 
Sec. 1910.252(c)(1)(iv) (A) and (B).
    (65) ANSI Z53.1-67 Safety Color Code for Marking Physical Hazards 
and the Identification of Certain Equipment, IBR approved for 
Secs. 1910.97(a)(3)(ii); 1910.145(d) (2), (4), and (6).
    (66) ANSI Z54.1-63 Safety Standard for Non-Medical X-Ray and Sealed 
Gamma Ray Sources, IBR approved for Sec. 1910.252(d) (1)(vii) and 
(2)(ii).
    (67) ANSI Z87.1-68 Practice of Occupational and Educational Eye and 
Face Protection, IBR approved for Secs. 1910.133(b)(2); 
1910.252(b)(2)(ii)(I); and 1910.261 (a)(3)(xxv), (d)(1)(ii), (f)(5), 
(g)(10), (g)(15)(v), (g)(18)(ii), and (i)(4).
    (68) ANSI Z87.1-89, Practice for Occupational and Educational Eye 
and Face Protection, IBR approved for Sec. 1910.133(b)(1).
    (69) ANSI Z88.2-69 Practices for Respiratory Protection, IBR 
approved for Secs. 1910.94(c)(6)(iii)(a); 1910.134(c); and 1910.261 
(a)(3)(xxvi), (b)(2), (f)(5), (g)(15)(v), (h)(2) (iii) and (iv), and 
(i)(4).

[[Page 99]]

    (70) ANSI Z89.1-69 Safety Requirements for Industrial Head 
Protection, IBR approved for Secs. 1910.135(b)(2); and 1910.261 
(a)(3)(xxvii), (b)(2), (g)(15)(v), and (i)(4).
    (71) ANSI Z89.1-86, Protective Headwear for Industrial Workers 
Requirements, IBR approved for Sec. 1910.135(b)(1).
    (72) ANSI Z89.2-71 Safety Requirements for Industrial Protective 
Helmets for Electrical Workers, Class B, IBR approved for 
Sec. 1910.268(i)(1).
    (f) The following material is available for purchase from the 
American Petroleum Institute (API), 1220 L Street NW, Washington DC 
20005:
    (1) API 12A (Sept. 1951) Specification for Oil Storage Tanks With 
Riveted Shells, 7th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(2).
    (2) API 12B (May 1958) Specification for Bolted Production Tanks, 
11th Ed., With Supplement No. 1, Mar. 1962, IBR approved for 
Sec. 1910.106(b)(1)(i)(a)(3).
    (3) API 12D (Aug. 1957) Specification for Large Welded Production 
Tanks, 7th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(3).
    (4) API 12F (Mar. 1961) Specification for Small Welded Production 
Tanks, 5th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(3).
    (5) API 620, Fourth Ed. (1970) Including appendix R, Recommended 
Rules for Design and Construction of Large Welded Low Pressure Storage 
Tanks, IBR approved for Secs. 1910.103(c)(1)(i)(a); 
1910.106(b)(1)(iv)(b)(1); and 1910.111(d)(1) (ii) and (iii).
    (6) API 650 (1966) Welded Steel Tanks for Oil Storage, 3rd Ed., IBR 
approved for Sec. 1910.106(b)(1)(iii)(a)(2).
    (7) API 1104 (1968) Standard for Welding Pipelines and Related 
Facilities, IBR approved for Sec. 1910.252(d)(1)(v).
    (8) API 2000 (1968) Venting Atmospheric and Low Pressure Storage 
Tanks, IBR approved for Sec. 1910.106(b)(2)(iv)(b)(1).
    (9) API 2201 (1963) Welding or Hot Tapping on Equipment Containing 
Flammables, IBR approved for Sec. 1910.252(d)(1)(vi).
    (g) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), United Engineering 
Center, 345 East 47th Street, New York, NY 10017:
    (1) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1949, 1950, 
1952, 1956, 1959, and 1962 Ed., IBR approved for Secs. 1910.110 
(b)(10)(iii) (Table H-26), (d)(2) (Table H-31); (e)(3)(i) (Table H-32), 
(h)(2) (Table H-34); and 1910.111(b)(2)(vi);
    (2) ASME Code for Pressure Vessels, 1968 Ed., IBR approved for 
Secs. 1910.106(i)(3)(i); 1910.110(g)(2)(iii)(b)(2); and 1910.217(b)(12);
    (3) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1968, IBR 
approved for Secs. 1910.103; 1910.104(b)(4)(ii); 1910.106 
(b)(1)(iv)(b)(2) and (i)(3)(ii); 1910.107; 1910.110(b)(11) (i)(b) and 
(iii)(a)(1); 1910.111(b)(2) (i), (ii), and (iv); and 1910.169(a)(2) (i) 
and (ii);
    (4) ASME Boiler and Pressure Vessel Code, Sec. VIII, Paragraph UG-
84, 1968, IBR approved for Sec. 1910.104 (b)(4)(ii) and (b)(5)(iii);
    (5) ASME Boiler and Pressure Vessel Code, Sec. VIII, Unfired 
Pressure Vessels, Including Addenda (1969), IBR approved for 
Secs. 1910.261; 1910.262; 1910.263(i)(24)(ii);
    (6) Code for Unfired Pressure Vessels for Petroleum Liquids and 
Gases of the API and the ASME, 1951 Ed., IBR approved for 
Sec. 1910.110(b)(3)(iii); and
    (7) ASME B56.6-1992 (with addenda), Safety Standard for Rough 
Terrain Forklift Trucks, IBR approved for Sec. 1910.266(f)(4).
    (h) The following material is available for purchase from the 
American Society for Testing and Materials (ASTM), 1916 Race Street, 
Philadelphia, PA 19103:
    (1) ASTM A 47-68 Malleable Iron Castings, IBR approved for 
Sec. 1910.111(b)(7)(vi).
    (2) ASTM A 53-69 Welded and Seamless Steel Pipe, IBR approved for 
Secs. 1910.110(b)(8)(i) (a) and (b) and 1910.111(b)(7)(iv).
    (3) ASTM A 126-66 Gray Iron Casting for Valves, Flanges and Pipe 
Fitting, IBR approved for Sec. 1910.111(b)(7)(vi).
    (4) ASTM A 391-65 (ANSI G61.1-1968) Alloy Steel Chain, IBR approved 
for Sec. 1910.184(e)(4).
    (5) ASTM A 395-68 Ductile Iron for Use at Elevated Temperatures, IBR 
approved for Sec. 1910.111(b)(7)(vi).

[[Page 100]]

    (6) ASTM B 88-69 Seamless Copper Water Tube, IBR approved for 
Sec. 1910.110(b) (8)(i)(a) and (13)(ii)(b)(1).
    (7) ASTM B 88-66A Seamless Copper Water Tube, IBR approved for 
Sec. 1910.252(d)(1)(i)(A)(2).
    (8) ASTM B 117-64 Salt Spray (Fog) Test, IBR approved for 
Sec. 1910.268(g)(2)(i)(A).
    (9) ASTM B 210-68 Aluminum-Alloy Drawn Seamless Tubes, IBR approved 
for Sec. 1910.110(b)(8)(ii).
    (10) ASTM B 241-69, IBR approved for Sec. 1910.110(b)(8)(i) 
introductory text.
    (11) ASTM D 5-65 Test for Penetration by Bituminous Materials, IBR 
approved for Sec. 1910.106(a)(17).
    (12) ASTM D 56-70 Test for Flash Point by Tag Closed Tester, IBR 
approved for Sec. 1910.106(a)(14)(i).
    (13) ASTM D 86-62 Test for Distillation of Petroleum Products, IBR 
approved for Secs. 1910.106(a)(5) and 1910.119(b) ``Boiling point.''
    (14) ASTM D 88-56 Test for Saybolt Viscosity, IBR approved for 
Sec. 1910.106(a)(37).
    (15) ASTM D 93-71 Test for Flash Point by Pensky Martens, IBR 
approved for Sec. 1910.106(a)(14)(ii).
    (16) ASTM D 323-68, IBR approved for Sec. 1910.106(a)(30)
    (17) ASTM D 445-65 Test for Viscosity of Transparent and Opaque 
Liquids, IBR approved for Sec. 1910.106(a)(37).
    (18) ASTM D 1692-68 Test for Flammability of Plastic Sheeting and 
Cellular Plastics, IBR approved for Sec. 1910.103(c)(1)(v)(d).
    (19) ASTM D 2161-66 Conversion Tables For SUS, IBR approved for 
Sec. 1910.106(a)(37).
    (i) The following material is available for purchase from the 
American Welding Society (AWS), 550 NW, LeJeune Road, P.O. Box 351040, 
Miami FL 33135:
    (1) AWS A3.0 (1969) Terms and Definitions, IBR approved for 
Sec. 1910.251(c).
    (2) AWS A6.1 (1966) Recommended Safe Practices for Gas Shielded Arc 
Welding, IBR approved for Sec. 1910.254(d)(1).
    (3) AWS B3.0-41 Standard Qualification Procedure, IBR approved for 
Sec. 1910.67(c)(5)(i).
    (4) AWS D1.0-1966 Code for Welding in Building Construction, IBR 
approved for Sec. 1910.27(b)(6).
    (5) AWS D2.0-69 Specifications for Welding Highway and Railway 
Bridges, IBR approved for Sec. 1910.67(c)(5)(iv).
    (6) AWS D8.4-61 Recommended Practices for Automotive Welding Design, 
IBR approved for Sec. 1910.67(c)(5)(ii).
    (7) AWS D10.9-69 Standard Qualification of Welding Procedures and 
Welders for Piping and Tubing, IBR approved for Sec. 1910.67(c)(5)(iii).
    (j) The following material is available for purchase from the 
Department of Commerce:
    (1) Commercial Standard, CS 202-56 (1961) ``Industrial Lifts and 
Hinged Loading Ramps,'' IBR approved for Sec. 1910.30(a)(3).
    (2) Publication ``Model Performance Criteria for Structural Fire 
Fighters' Helmets,'' IBR approved for Sec. 1910.156(e)(5)(i).
    (k) The following material is available for purchase from the 
Compressed Gas Association (CGA), 1235 Jefferson Davis Highway, 
Arlington, VA 22202:
    (1) CGA C-6 (1968) Standards for Visual Inspection of Compressed Gas 
Cylinders, IBR approved for Sec. 1910.101(a).
    (2) CGA C-8 (1962) Standard for Requalification of ICC-3HT 
Cylinders, IBR approved for Sec. 1910.101(a).
    (3) CGA G-1 (1966) Acetylene, IBR approved for Sec. 1910.102(a).
    (4) CGA G-1.3 (1959) Acetylene Transmission for Chemical Synthesis, 
IBR approved for Sec. 1910.102(b).
    (5) CGA G-1.4 (1966) Standard for Acetylene Cylinder Charging 
Plants, IBR approved for Sec. 1910.102(b).
    (6) CGA G-7.1 (1966) Commodity Specification, IBR approved for 
Sec. 1910.134(d)(1).
    (7) CGA G-8.1 (1964) Standard for the Installation of Nitrous Oxide 
Systems at Consumer Sites, IBR approved for Sec. 1910.105.
    (8) CGA P-1 (1965) Safe Handling of Compressed Gases, IBR approved 
for Sec. 1910.101(b).
    (9) CGA P-3 (1963) Specifications, Properties, and Recommendations 
for Packaging, Transportation, Storage and Use of Ammonium Nitrate, IBR 
approved for Sec. 1910.109(i)(1)(ii)(b).
    (10) CGA S-1.1 (1963) and 1965 Addenda. Safety Release Device 
Standards--Cylinders for Compressed Gases, IBR approved for 
Secs. 1910.101(c); 1910.103(c)(1)(iv)(a)(2).

[[Page 101]]

    (11) CGA S-1.2 (1963) Safety Release Device Standards, Cargo and 
Portable Tanks for Compressed Gases, IBR approved for Secs. 1910.101(c); 
1910.103(c)(1)(iv)(a)(2).
    (12) CGA S-1.3 (1959) Safety Release Device Standards-Compressed Gas 
Storage Containers, IBR approved for Secs. 1910.103(c)(1)(iv)(a)(2); 
1910.104(b)(6)(iii); and 1910.111(d)(4)(ii)(b).
    (13) CGA 1957 Standard Hose Connection Standard, IBR approved for 
Sec. 1910.253(e) (4)(v) and (5)(iii).
    (14) CGA and RMA (Rubber Manufacturer's Association) Specification 
for Rubber Welding Hose (1958), IBR approved for Sec. 1910.253(e)(5)(i).
    (15) CGA 1958 Regulator Connection Standard, IBR approved for 
Sec. 1910.253(e) (4)(iv) and (6).
    (l) The following material is available for purchase from the Crane 
Manufacturer's Association of America, Inc. (CMAA), 1 Thomas Circle NW, 
Washington DC 20005:
    (1) CMAA Specification 1B61, Specifications for Electric Overhead 
Traveling Cranes, IBR approved for Sec. 1910.179(b)(6)(i).
    (2) [Reserved]
    (m) The following material is available for purchase from the 
General Services Administration:
    (1) GSA Pub. GG-B-0067b, Air Compressed for Breathing Purposes, or 
Interim Federal Specifications, Apr. 1965, IBR approved for 
Sec. 1910.134(d)(4).
    (2) [Reserved]
    (n) The following material is available for purchase from the 
Department of Health and Human Services:
    (1) Publication No. 76-120 (1975), List of Personal Hearing 
Protectors and Attenuation Data, IBR approved for Sec. 1910.95 App. B.
    (2) [Reserved]
    (o) The following material is available for purchase from the 
Institute of Makers of Explosives (IME), 420 Lexington Avenue, New York, 
NY 10017:
    (1) IME Pamphlet No. 17, 1960, Safety in the Handling and Use of 
Explosives, IBR approved for Secs. 1910.261 (a)(4)(iii) and (c)(14)(ii).
    (2) [Reserved]
    (p) The following material is available for purchase from the 
National Electrical Manufacturer's Association (NEMA):
    (1) NEMA EW-1 (1962) Requirements for Electric Arc Welding 
Apparatus, IBR approved for Secs. 1910.254(b)(1).
    (2) [Reserved]
    (q) The following material is available for purchase from the 
National Fire Protection Association (NFPA), 11 Tracy Drive, Avon, MA 
02322:
    (1) NFPA 30 (1969) Flammable and Combustible Liquids Code, IBR 
approved for Sec. 1910.178(f)(1).
    (2) NFPA 32-1970 Standard for Dry Cleaning Plants, IBR approved for 
Sec. 1910.106(j)(6)(i).
    (3) NFPA 33-1969 Standard for Spray Finishing Using Flammable and 
Combustible Material, IBR approved for Secs. 1910.94(c) (1)(ii), (2), 
(3) (i) and (iii), and (5).
    (4) NFPA 34-1966 Standard for Dip Tanks Containing Flammable or 
Combustible Liquids, IBR approved for Sec. 1910.124(b)(4)(iv).
    (5) NFPA 34-1995 Standard for Dip Tanks Containing Flammable or 
Combustible Liquids, IBR approved for Sec. 1910.124(b)(4)(ii).
    (6) NFPA 35-1970 Standard for the Manufacture of Organic Coatings, 
IBR approved for Sec. 1910.106(j)(6)(ii).
    (7) NFPA 36-1967 Standard for Solvent Extraction Plants, IBR 
approved for Sec. 1910.106(j)(6)(iii).
    (8) NFPA 37-1970 Standard for the Installation and Use of Stationary 
Combustion Engines and Gas Turbines, IBR approved for 
Secs. 1910.106(j)(6)(iv) and 1910.110 (b)(20)(iv)(c) and (e)(11).
    (9) NFPA 51B-1962 Standard for Fire Protection in Use of Cutting and 
Welding Processes, IBR approved for Sec. 1910.252(a)(1) introductory 
text.
    (10) NFPA 54-1969 Standard for the Installation of Gas Appliances 
and Gas Piping, IBR approved for Sec. 1910.110(b)(20)(iv)(a).
    (11) NFPA 54A-1969 Standard for the Installation of Gas Piping and 
Gas Equipment on Industrial Premises and Certain Other Premises, IBR 
approved for Sec. 1910.110(b)(20)(iv)(b).
    (12) NFPA 58-1969 Standard for the Storage and Handling of Liquefied 
Petroleum Gases (ANSI Z106.1-1970), IBR approved for Secs. 1910.110 
(b)(3)(iv) and (i)(3) (i) and (ii); and 1910.178(f)(2).

[[Page 102]]

    (13) NFPA 59-1968 Standard for the Storage and Handling of Liquefied 
Petroleum Gases at Utility Gas Plants, IBR approved for Secs. 1910.110 
(b)(3)(iv) and (i)(2)(iv).
    (14) NFPA 62-1967 Standard for the Prevention of Dust Explosions in 
the Production, Packaging, and Handling of Pulverized Sugar and Cocoa, 
IBR approved for Sec. 1910.263(k)(2)(i).
    (15) NFPA 68-1954 Guide for Explosion Venting, IBR approved for 
Sec. 1910.94(a)(2)(iii).
    (16) NFPA 70-1971 National Electrical Code, IBR approved for 
Sec. 1910.66 App. D(c)(2).
    (17) NFPA 78-1968 Lightning Protection Code, IBR approved for 
Sec. 1910.109(i)(6)(ii).
    (18) NFPA 80-1968 Standard for Fire Doors and Windows, IBR approved 
for Sec. 1910.106(d)(4)(i).
    (19) NFPA 80-1970 Standard for the Installation of Fire Doors and 
Windows, IBR approved for Sec. 1910.253(f)(6)(i)(I).
    (20) NFPA 86A-1969 Standard for Oven and Furnaces Design, Location 
and Equipment, IBR approved for Secs. 1910.107 (j)(1) and (l)(3) and 
1910.108 (b)(2) and (d)(2).
    (21) NFPA 91-1961 Standard for the Installation of Blower and 
Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying (ANSI 
Z33.1-61), IBR approved for Sec. 1910.107(d)(1).
    (22) NFPA 91-1969 Standards for Blower and Exhaust Systems, IBR 
approved for Sec. 1910.108(b)(1).
    (23) NFPA 96-1970 Standard for the Installation of Equipment for the 
Removal of Smoke and Grease Laden Vapors from Commercial Cooking 
Equipment, IBR approved for Sec. 1910.110(b)(20)(iv)(d).
    (24) NFPA 101-1970 Code for Life Safety From Fire in Buildings and 
Structures, IBR approved for Sec. 1910.261(a)(4)(ii).
    (25) NFPA 203M-1970 Manual on Roof Coverings, IBR approved for 
Sec. 1910.109(i)(1)(iii)(c).
    (26) NFPA 251-1969 Standard Methods of Fire Tests of Building 
Construction and Materials, IBR approved for Secs. 1910.106 (d)(3)(ii) 
introductory text and (d)(4)(i).
    (27) NFPA 302-1968 Fire Protection Standard for Motor-Craft 
(Pleasure and Commercial), IBR approved for Sec. 1910.265(d)(2)(iv) 
introductory text.
    (28) NFPA 385-1966 Recommended Regulatory Standard for Tank Vehicles 
for Flammable and Combustible Liquids, IBR approved for 
Sec. 1910.106(g)(1)(i)(e)(1).
    (29) NFPA 496-1967 Standard for Purged Enclosures for Electrical 
Equipment in Hazardous Locations, IBR approved for 
Sec. 1910.103(c)(1)(ix)(e)(1).
    (30) NFPA 505-1969 Standard for Type Designations, Areas of Use, 
Maintenence, and Operation of Powered Industrial Trucks, IBR approved 
for Sec. 1910.110(e)(2)(iv).
    (31) NFPA 566-1965 Standard for the Installation of Bulk Oxygen 
Systems at Consumer Sites, IBR approved for Secs. 1910.253 (b)(4)(iv) 
and (c)(2)(v).
    (32) NFPA 656-1959 Code for the Prevention of Dust Ignition in Spice 
Grinding Plants, IBR approved for Sec. 1910.263(k)(2)(i).
    (33) NFPA 1971-1975 Protective Clothing for Structural Fire 
Fighting, IBR approved for Sec. 1910.156(e)(3)(ii) introductory text.
    (r) The following material is available for purchase from the 
National Food Plant Institute, 1700 K St. NW., Washington, DC 20006:
    (1) Definition and Test Procedures for Ammonium Nitrate Fertilizer 
(Nov. 1964), IBR approved for Sec. 1910.109 Table H-22, ftn. 3.
    (2) [Reserved]
    (s) The following material is available for purchase from the 
National Institute for Occupational Safety and Health (NIOSH):
    (1) Registry of Toxic Effects of Chemical Substances, 1978, IBR 
approved for Sec. 1910.20(c)(13)(i) and appendix B.
    (2) Development of Criteria for Fire Fighters Gloves; Vol. II, Part 
II; Test Methods, 1976, IBR approved for Sec. 1910.156(e)(4)(i) 
introductory text.
    (3) NIOSH Recommendations for Occupational Safety and Health 
Standards (Sept. 1987), IBR approved for Sec. 1910.120 PEL definition.
    (t) The following material is available for purchase from the Public 
Health Service:
    (1) U.S. Pharmacopeia, IBR approved for Sec. 1910.134(d)(1).

[[Page 103]]

    (2) Publication No. 934 (1962), Food Service Sanitation Ordinance 
and Code, Part V of the Food Service Sanitation Manual, IBR approved for 
Sec. 1910.142(i)(1).
    (u) The following material is available for purchase from the 
Society of Automotive Engineers (SAE), 485 Lexington Avenue, New York, 
NY 10017:
    (1) SAE J185, June 1988, Recommended Practice for Access Systems for 
Off-Road Machines, IBR approved for Sec. 1910.266(f)(5)(i).
    (2) SAE J231, January 1981, Minimum Performance Criteria for Falling 
Object Protective Structure (FOPS), IBR approved for 
Sec. 1910.266(f)(3)(ii).
    (3) SAE J386, June 1985, Operator Restraint Systems for Off-Road 
Work Machines, IBR approved for Sec. 1910.266(d)(3)(iv).
    (4) SAE J397, April 1988, Deflection Limiting Volume-ROPS/FOPS 
Laboratory Evaluation, IBR approved for Sec. 1910.266(f)(3)(iv).
    (5) SAE 765 (1961) SAE Recommended Practice: Crane Loading Stability 
Test Code, IBR approved for Sec. 1910.180 (c)(1)(iii) and 
(e)(2)(iii)(a).
    (6) SAE J1040, April 1988, Performance Criteria for Rollover 
Protective Structures (ROPS) for Construction, Earthmoving, Forestry and 
Mining Machines, IBR approved for Sec. 1910.266(f)(3)(ii).
    (v) The following material is available for purchase from the 
Fertilizer Institute, 1015 18th Street NW, Washington, DC 20036:
    (1) Standard M-1 (1953, 1955, 1957, 1960, 1961, 1963, 1965, 1966, 
1967, 1968), Superseded by ANSI K61.1-1972, IBR approved for 
Sec. 1910.111(b)(1) (i) and (iii).
    (2) [Reserved]
    (w) The following material is available for purchase from 
Underwriters Laboratories (UL), 207 East Ohio Street, Chicago, IL 60611:
    (1) UL 58-61 Steel Underground Tanks for Flammable and Combustible 
Liquids, 5th Ed., IBR approved for Sec. 1910.106(b)(1)(iii)(a)(1).
    (2) UL 80-63 Steel Inside Tanks for Oil-Burner Fuel, IBR approved 
for Sec. 1910.106(b)(1)(iii)(a)(1).
    (3) UL 142-68 Steel Above Ground Tanks for Flammable and Combustible 
Liquids, IBR approved for Sec. 1910.106(b)(1)(iii)(a)(1).

[39 FR 23502, June 27, 1974, as amended at 49 FR 5321, Feb. 10, 1984; 61 
FR 9231, Mar. 7, 1996; 64 FR 13908, Mar. 23, 1999]



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

    (a) Application. This section shall apply only when the term 
nationally recognized testing laboratory is used in other sections of 
this part.
    (b) Laboratory requirements. The term nationally recognized testing 
laboratory (NRTL) means an organization which is recognized by OSHA in 
accordance with appendix A of this section and which tests for safety, 
and lists or labels or accepts, equipment or materials and which meets 
all of the following criteria:
    (1) For each specified item of equipment or material to be listed, 
labeled or accepted, the NRTL has the capability (including proper 
testing equipment and facilities, trained staff, written testing 
procedures, and calibration and quality control programs) to perform:
    (i) Testing and examining of equipment and materials for workplace 
safety purposes to determine conformance with appropriate test 
standards; or
    (ii) Experimental testing and examining of equipment and materials 
for workplace safety purposes to determine conformance with appropriate 
test standards or performance in a specified manner.
    (2) The NRTL shall provide, to the extent needed for the particular 
equipment or materials listed, labeled, or accepted, the following 
controls or services:
    (i) Implements control procedures for identifying the listed and 
labeled equipment or materials;
    (ii) Inspects the run of production of such items at factories for 
product evaluation purposes to assure conformance with the test 
standards; and
    (iii) Conducts field inspections to monitor and to assure the proper 
use of its identifying mark or labels on products;
    (3) The NRTL is completely independent of employers subject to the 
tested equipment requirements, and of

[[Page 104]]

any manufacturers or vendors of equipment or materials being tested for 
these purposes; and,
    (4) The NRTL maintains effective procedures for:
    (i) Producing creditable findings or reports that are objective and 
without bias; and
    (ii) Handling complaints and disputes under a fair and reasonable 
system.
    (c) Test standards. An appropriate test standard referred to in 
Sec. 1910.7(b)(1) (i) and (ii) is a document which specifies the safety 
requirements for specific equipment or class of equipment and is:
    (1) Recognized in the United States as a safety standard providing 
an adequate level of safety, and
    (2) Compatible with and maintained current with periodic revisions 
of applicable national codes and installation standards, and
    (3) Developed by a standards developing organization under a method 
providing for input and consideration of views of industry groups, 
experts, users, consumers, governmental authorities, and others having 
broad experience in the safety field involved, or
    (4) In lieu of paragraphs (c) (1), (2), and (3), the standard is 
currently designated as an American National Standards Institute (ANSI) 
safety-designated product standard or an American Society for Testing 
and Materials (ASTM) test standard used for evaluation of products or 
materials.
    (d) Alternative test standard. If a testing laboratory desires to 
use a test standard other than one allowed under paragraph (c) of this 
section, then the Assistant Secretary of Labor shall evaluate the 
proposed standard to determine that it provides an adequate level of 
safety before it is used.
    (e) Implementation. A testing organization desiring recognition by 
OSHA as an NRTL shall request that OSHA evaluate its testing and control 
programs against the requirements in this section for any equipment or 
material it may specify. The recognition procedure shall be conducted in 
accordance with appendix A to this section.
    (f) Fees. (1) Each applicant for NRTL recognition and each NRTL must 
pay fees for services provided by OSHA. OSHA will assess fees for the 
following services:
    (i) Processing of applications for initial recognition, expansion of 
recognition, or renewal of recognition, including on-site reviews; 
review and evaluation of the applications; and preparation of reports, 
evaluations and Federal Register notices; and
    (ii) Audits of sites.
    (2) The fee schedule established by OSHA reflects the cost of 
performing the activities for each service listed in paragraph (f)(1) of 
this section. OSHA calculates the fees based on either the average or 
actual time required to perform the work necessary; the staff costs per 
hour (which include wages, fringe benefits, and expenses other than 
travel for personnel that perform or administer the activities covered 
by the fees); and the average or actual costs for travel when on-site 
reviews are involved. The formula for the fee calculation is as follows:


Activity Fee = [Average (or Actual) Hours to Complete the Activity  x  
Staff Costs per Hour] + Average (or Actual) Travel Costs

    (3) (i) OSHA will review costs annually and will propose a revised 
fee schedule, if warranted. In its review, OSHA will apply the formula 
established in paragraph (f)(2) of this section to the current estimated 
costs for the NRTL Program. If a change is warranted, OSHA will follow 
the implementation table in paragraph (f)(4) of this section.
    (ii) OSHA will publish all fee schedules in the Federal Register. 
Once published, a fee schedule remains in effect until it is superseded 
by a new fee schedule. Any member of the public may request a change to 
the fees included in the current fee schedule. Such a request must 
include appropriate documentation in support of the suggested change. 
OSHA will consider such requests during its annual review of the fee 
schedule.
    (4) OSHA will implement fee assessment, collection, and payment as 
follows:

[[Page 105]]



------------------------------------------------------------------------
         Approximate dates                     Action required
------------------------------------------------------------------------
                    I. Annual Review of Fee Schedule
------------------------------------------------------------------------
November 1........................  OSHA will publish any proposed new
                                     Fee Schedule in the Federal
                                     Register, if OSHA determines
                                     changes in the schedule are
                                     warranted.
November 16.......................  Comments due on the proposed new Fee
                                     Schedule.
December 15.......................  OSHA will publish the final Fee
                                     Schedule in the Federal Register,
                                     making it effective.
------------------------------------------------------------------------
                     II. Application Processing Fees
------------------------------------------------------------------------
Time of application...............  Applicant must pay the applicable
                                     fees shown in the Fee Schedule when
                                     submitting the application; OSHA
                                     will not begin processing until
                                     fees are received.
Publication of preliminary notice.  Applicant must pay remainder of
                                     fees; OSHA cancels application if
                                     fees are not paid when due.
------------------------------------------------------------------------
                            III. Audit Fees
After audit performed.............  OSHA will bill each existing NRTL
                                     for the audit fees in effect at the
                                     time of audit, but will reflect
                                     actual travel costs and staff time
                                     in the bill.
30 days after bill date...........  NRTLs must pay audit fees; OSHA will
                                     assess late fee if audit fees are
                                     not paid.
45 days after bill date...........  OSHA will send a letter to the NRTL
                                     requesting immediate payment of the
                                     audit fees and late fee
60 days after bill date...........  OSHA will publish a notice in the
                                     Federal Register announcing its
                                     intent to revoke recognition for
                                     NRTLs that have not paid these
                                     audit fees.
------------------------------------------------------------------------

    (5) OSHA will provide details about how to pay the fees through 
appropriate OSHA Program Directives, which will be available on the OSHA 
web site.

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

                              Introduction

    This appendix provides requirements and criteria which OSHA will use 
to evaluate and recognize a Nationally Recognized Testing Laboratory 
(NRTL). This process will include the the evaluation of the product 
evaluation and control programs being operated by the NRTL, as well as 
the NRTL's testing facilities being used in its program. In the 
evaluation of the NRTLs, OSHA will use either consensus-based standards 
currently in use nationally, or other standards or criteria which may be 
considered appropriate. This appendix implements the definition of NRTL 
in 29 CFR 1910.7 which sets out the criteria that a laboratory must meet 
to be recognized by OSHA (initially and on a continuing basis). The 
appendix is broader in scope, providing procedures for renewal, 
expansion and revocation of OSHA recognition. Except as otherwise 
provided, the burden is on the applicant to establish by a preponderance 
of the evidence that it is entitled to recognition as an NRTL. If 
further detailing of these requirements and criteria will assist the 
NRTLs or OSHA in this activity, this detailing will be done through 
appropriate OSHA Program Directives.

               I. Procedures for Initial OSHA Recognition

                            A. Applications.

    1. Eligibility. a. Any testing agency or organization considering 
itself to meet the definition of nationally recognized testing 
laboratory as specified in Sec. 1910.7 may apply for OSHA recognition as 
an NRTL.
    b. However, in determining eligibility for a foreign-based testing 
agency or organization, OSHA shall take into consideration the policy of 
the foreign government regarding both the acceptance in that country of 
testing data, equipment acceptances, and listings, and labeling, which 
are provided through nationally recognized testing laboratories 
recognized by the Assistant Secretary, and the accessibility to 
government recognition or a similar system in that country by U.S.-based 
safety-related testing agencies, whether recognized by the Assistant 
Secretary or not, if such recognition or a similar system is required by 
that country.
    2. Content of application. a. The applicant shall provide sufficient 
information and detail demonstrating that it meets the requirements set 
forth in Sec. 1910.7, in order for an informed decision concerning 
recognition to be made by the Assistant Secretary.
    b. The applicant also shall identify the scope of the NRTL-related 
activity for which the applicant wishes to be recognized. This will 
include identifying the testing methods it will use to test or judge the 
specific equipment and materials for which recognition is being 
requested, unless such test methods are already specified in the test 
standard. If requested to do so by OSHA, the applicant shall provide 
documentation of the efficacy of these testing methods.

[[Page 106]]

    c. The applicant may include whatever enclosures, attachments, or 
exhibits the applicant deems appropriate. The application need not be 
submitted on a Federal form.
    3. Filing office location. The application shall be filed with: NRTL 
Recognition Program, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
    4. Amendments and withdrawals. a. An application may be revised by 
an applicant at any time prior to the completion of activity under 
paragraph I.B.4. of this appendix.
    b. An application may be withdrawn by an applicant, without 
prejudice, at any time prior to the final decision by the Assistant 
Secretary in paragraph I.B.7.c. of this appendix.

          B. Review and Decision Process; Issuance or Renewal.

    1. Acceptance and on-site review. a. Applications submitted by 
eligible testing agencies will be accepted by OSHA, and their receipt 
acknowledged in writing. After receipt of an application, OSHA may 
request additional information if it believes information relevant to 
the requirements for recognition has been omitted.
    b. OSHA shall, as necessary, conduct an on-site review of the 
testing facilities of the applicant, as well as the applicant's 
administrative and technical practices, and, if necessary, review any 
additional documentation underlying the application.
    c. These on-site reviews will be conducted by qualified individuals 
technically expert in these matters, including, as appropriate, non-
Federal consultants/contractors acceptable to OSHA. The protocol for 
each review will be based on appropriate national consensus standards or 
international guides, with such additions, changes, or deletions as may 
be considered necessary and appropriate in each case by OSHA. A written 
report shall be made of each on-site review and a copy shall be provided 
to the applicant.
    2. Positive finding by staff. If, after review of the application, 
and additional information, and the on-site review report, the applicant 
appears to have met the requirements for recognition, a written 
recommendation shall be submitted by the responsible OSHA personnel to 
the Assistant Secretary that the application be approved, accompanied by 
a supporting explanation.
    3. Negative finding by staff.--a. Notification to applicant. If, 
after review of the application, any additional information and the on-
site review report, the applicant does not appear to have met the 
requirements for recognition, the responsible OSHA personnel shall 
notify the applicant in writing, listing the specific requirements of 
Sec. 1910.7 and this appendix which the applicant has not met, and allow 
a reasonable period for response.
    b. Revision of application. (i) After receipt of a notification of 
negative finding (i.e., for intended disapproval of the application), 
and within the response period provided, the applicant may:
    (a) Submit a revised application for further review, which could 
result in a positive finding by the responsible OSHA personnel pursuant 
to subsection I.B.2. of this appendix; or
    (b) Request that the original application be submitted to the 
Assistant Secretary with an attached statement of reasons, supplied by 
the applicant of why the application should be approved.
    (ii) This procedure for applicant notification and potential 
revision shall be used only once during each recognition process.
    4. Preliminary finding by Assistant Secretary. a. The Assistant 
Secretary, or a special designee for this purpose, will make a 
preliminary finding as to whether the applicant has or has not met the 
requirements for recognition, based on the completed application file, 
the written staff recommendation, and the statement of reasons supplied 
by the applicant if there remains a staff recommendation of disapproval.
    b. Notification of this preliminary finding will be sent to the 
applicant and subsequently published in the Federal Register.
    c. This preliminary finding shall not be considered an official 
decision by the Assistant Secretary or OSHA, and does not confer any 
change in status or any interim or temporary recognition for the 
applicant.
    5. Public review and comment period--a. The Federal Register notice 
of preliminary finding will provide a period of not less than 30 
calendar days for written comments on the applicant's fulfillment of the 
requirements for recognition. The application, supporting documents, 
staff recommendation, statement of applicant's reasons, and any comments 
received, will be available for public inspection in the OSHA Docket 
Office.
    b. Any member of the public, including the applicant, may supply 
detailed reasons and evidence supporting or challenging the sufficiency 
of the applicant's having met the requirements of the definition in 29 
CFR Sec. 1910.7 and this appendix. Submission of pertinent documents and 
exhibits shall be made in writing by the close of the comment period.
    6. Action after public comment.-- a. Final decision by Assistant 
Secretary. Where the public review and comment record supports the 
Assistant Secretary's preliminary finding concerning the application, 
i.e., absent any serious objections or substantive claims contrary to 
the preliminary finding having been received in writing from the public 
during the comment period, the Assistant Secretary will proceed to final 
written decision on the application. The reasons supporting this 
decision shall be derived from the evidence available as a result of the 
full application,

[[Page 107]]

the supporting documentation, the staff finding, and the written 
comments and evidence presented during the public review and comment 
period.
    b. Public announcement. A copy of the Assistant Secretary's final 
decision will be provided to the applicant. Subsequently, a notification 
of the final decision shall be published in the Federal Register. The 
publication date will be the effective date of the recognition.
    c. Review of final decision. There will be no further review 
activity available within the Department of Labor from the final 
decision of the Assistant Secretary.
    7. Action after public objection.-- a. Review of negative 
information. At the discretion of the Assistant Secretary or his 
designee, OSHA may authorize Federal or contract personnel to initiate a 
special review of any information provided in the public comment record 
which appears to require resolution, before a final decision can be 
made.
    b. Supplementation of record. The contents and results of special 
reviews will be made part of this record by the Assistant Secretary by 
either:
    (i) Reopening the written comment period for public comments on 
these reviews; or
    (ii) Convening an informal hearing to accept public comments on 
these reviews, conducted under applicable OSHA procedures for similar 
hearings.
    c. Final decision by the Assistant Secretary. The Assistant 
Secretary shall issue a decision as to whether it has been demonstrated, 
based on a preponderance of the evidence, that the applicant meets the 
requirements for recognition. The reasons supporting this decision shall 
be derived from the evidence available as a result of the full 
application, the supporting documentation, the staff finding, the 
comments and evidence presented during the public review and comment 
period, and written to transcribed evidence received during any 
subsequent reopening of the written comment period or informal public 
hearing held.
    d. Public announcement. A copy of the Assistant Secretary's final 
decision will be provided to the applicant, and a notification will be 
published in the Federal Register subsequently announcing the decision.
    e. Review of final decision. There will be no further review 
activity available within the Department of Labor from the final 
decision of the Assistant Secretary.
    c. Terms and conditions of recognition. The following terms and 
conditions shall be part of every recognition:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. Temporary Recognition of Certain NRTLs. a. Notwithstanding all 
other requirements and provisions of Sec. 1910.7 and this appendix, the 
following two organizations are recognized temporarily as nationally 
recognized testing laboratories by the Assistant Secretary for a period 
of five years beginning June 13, 1988 and ending on July 13, 1993:
    (i) Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, 
Illinois 60062.
    (ii) Factory Mutual Research Corporation, 1151 Boston-Providence 
Turnpike, Norwood, Massachusetts 02062.
    b. At the end of the five-year period, the two temporarily 
recognized laboratories shall apply for renewal of OSHA recognition 
utilizing the following procedures established for renewal of OSHA 
recognition.

                      II. Supplementary Procedures.

                        A. Test standard changes.

    A recognized NRTL may change a testing standard or elements 
incorporated in the standard such as testing methods or pass-fail 
criteria by notifying the Assistant Secretary of the change, certifying 
that the revised standard will be at least as effective as the prior 
standard, and providing the supporting data upon which its conclusions 
are based. The NRTL need not inform the Assistant Secretary of minor 
deviations from a test standard such as the use of new instrumentation 
that is more accurate or sensitive than originally called for in the 
standard. The NRTL also need not inform the Assistant Secretary of its 
adoption of revisions to third-party testing standards meeting the 
requirements of Sec. 1910.7(c)(4), if such revisions have been developed 
by the standards developing organization, or of its adoption of 
revisions to other third-party test standards which the developing 
organization has submitted to OSHA. If, upon review, the Assistant 
Secretary or his designee determines that the proposed revised standard 
is not ``substantially equivalent'' to the previous version with regard 
to the level of safety obtained, OSHA will not accept the proposed 
testing standard by the recognized NRTL,

[[Page 108]]

and will initiate discontinuance of that aspect of OSHA-recognized 
activity by the NRTL by modification of the official letter of 
recognition. OSHA will publicly announce this action and the NRTL will 
be required to communicate this OSHA decision directly to affected 
manufacturers.

                   B. Expansion of current recognition

    1. Eligibility. A recognized NRTL may apply to OSHA for an expansion 
of its current recognition to cover other categories of NRTL testing in 
addition to those included in the current recognition.
    2. Procedure. a. OSHA will act upon and process the application for 
expansion in accordance with subsection I.B. of this appendix, except 
that the period for written comments, specified in paragraph 5.a of 
subsection I.B. of this appendix, will be not less than 15 calendar 
days.
    b. In that process, OSHA may decide not to conduct an on-site 
review, where the substantive scope of the request to expand recognition 
is closely related to the current area of recognition.
    c. The expiration date for each expansion of recognition shall 
coincide with the expiration date of the current basic recognition 
period.

                     C. Renewal of OSHA recognition

    1. Eligibility. A recognized NRTL may renew its recognition by 
filing a renewal request at the address in paragraph I.A.3. of this 
appendix not less than nine months, nor more than one year, before the 
expiration date of its current recognition.
    2. Procedure. a. OSHA will process the renewal request in accordance 
with subsection I.B. of this appendix, except that the period for 
written comments, specified in paragraph 5.a of subsection I.B. of this 
appendix, will be not less than 15 calendar days.
    b. In that process, OSHA may determine not to conduct the on-site 
reviews in I.B.1.a. where appropriate.
    c. When a recognized NRTL has filed a timely and sufficient renewal 
request, its current recognition will not expire until a final decision 
has been made by OSHA on the request.
    d. After the first renewal has been granted to the NRTL, the NRTL 
shall apply for a continuation of its recognition status every five 
years by submitting a renewal request. In lieu of submitting a renewal 
request after the initial renewal, the NRTL may certify its continuing 
compliance with the terms of its letter of recognition and 29 CFR 
1910.7.
    3. Alternative procedure. After the initial recognition and before 
the expiration thereof, OSHA may (for good cause) determine that there 
is a sufficient basis to dispense with the renewal requirement for a 
given laboratory and will so notify the laboratory of such a 
determination in writing. In lieu of submitting a renewal request, any 
laboratory so notified shall certify its continuing compliance with the 
terms of its letter of recognition and 29 CFR 1910.7.

                D. Voluntary termination of recognition.

    At any time, a recognized NRTL may voluntarily terminate its 
recognition, either in its entirety or with respect to any area covered 
in its recognition, by giving written notice to OSHA. The written notice 
shall state the date as of which the termination is to take effect. The 
Assistant Secretary shall inform the public of any voluntary termination 
by Federal Register notice.

                  E. Revocation of recognition by OSHA.

    1. Potential causes. If an NRTL either has failed to continue to 
substantially satisfy the requirements of Sec. 1910.7 or this appendix, 
or has not been reasonably performing the NRTL testing requirements 
encompassed within its letter of recognition, or has materially 
misrepresented itself in its applications or misrepresented the scope or 
conditions of its recognition, the Assistant Secretary may revoke the 
recognition of a recognized NRTL, in whole or in part. OSHA may initiate 
revocation procedures on the basis of information provided by any 
interested person.
    2. Procedure. a. Before proposing to revoke recognition, the Agency 
will notify the recognized NRTL in writing, giving it the opportunity to 
rebut or correct the alleged deficiencies which would form the basis of 
the proposed revocation, within a reasonable period.
    b. If the alleged deficiencies are not corrected or reconciled 
within a reasonable period, OSHA will propose, in writing to the 
recognized NRTL, to revoke recognition. If deemed appropriate, no other 
announcement need be made by OSHA.
    c. The revocation shall be effective in 60 days unless within that 
period the recognized NRTL corrects the deficiencies or requests a 
hearing in writing.
    d. If a hearing is requested, it shall be held before an 
administrative law judge of the Department of Labor pursuant to the 
rules specified in 29 CFR part 1905, subpart C.
    e. The parties shall be OSHA and the recognized NRTL. The Assistant 
Secretary may allow other interested persons to participate in these 
hearings if such participation would contribute to the resolution of 
issues germane to the proceeding and not cause undue delay.
    f. The burden of proof shall be on OSHA to demonstrate by a 
preponderance of the evidence that the recognition should be revoked

[[Page 109]]

because the NRTL is not meeting the requirements for recognition, has 
not been reasonably performing the product testing functions as required 
by Sec. 1910.7, this appendix A, or the letter of recognition, or has 
materially misrepresented itself in its applications or publicity.
    3. Final decision. a. After the hearing, the Administrative Law 
Judge shall issue a decision stating the reasons based on the record as 
to whether it has been demonstrated, based on a preponderance of 
evidence, that the applicant does not continue to meet the requirements 
for its current recognition.
    b. Upon issuance of the decision, any party to the hearing may file 
exceptions within 20 days pursuant to 29 CFR 1905.28. If no exceptions 
are filed, this decision is the final decision of the Assistant 
Secretary. If objections are filed, the Administrative Law Judge shall 
forward the decision, exceptions and record to the Assistant Secretary 
for the final decision on the proposed revocation.
    c. The Assistant Secretary will review the record, the decision by 
the Administrative Law Judge, and the exceptions filed. Based on this, 
the Assistant Secretary shall issue the final decision as to whether it 
has been demonstrated, by a preponderance of evidence, that the 
recognized NRTL has not continued to meet the requirements for OSHA 
recognition. If the Assistant Secretary finds that the NRTL does not 
meet the NRTL recognition requirements, the recognition will be revoked.
    4. Public announcement. A copy of the Assistant Secretary's final 
decision will be provided to the applicant, and a notification will be 
published in the Federal Register announcing the decision, and the 
availability of the complete record of this proceeding at OSHA. The 
effective date of any revocation will be the date the final decision 
copy is sent to the NRTL.
    5. Review of final decision. There will be no further review 
activity available within the Department of Labor from the final 
decision of the Assistant Secretary.

[53 FR 12120, Apr. 12, 1988; 53 FR 16838, May 11, 1988, as amended at 54 
FR 24333, June 7, 1989; 65 FR 46818, 46819, July 31, 2000]



Sec. 1910.8  OMB control numbers under the Paperwork Reduction Act.

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

------------------------------------------------------------------------
                                                                  OMB
                       29 CFR citation                          control
                                                                  No.
------------------------------------------------------------------------
1910.7......................................................   1218-0147
1910.23.....................................................   1218-0199
1910.66.....................................................   1218-0121
1910.67(b)..................................................   1218-0230
1910.68.....................................................   1218-0226
1910.95.....................................................   1218-0048
1910.111....................................................   1218-0208
1910.119....................................................   1218-0200
1910.120....................................................   1218-0202
1910.132....................................................   1218-0205
1910.134....................................................   1218-0099
1910.137....................................................   1218-0190
1910.142....................................................   1218-0096
1910.145....................................................   1218-0132
1910.146....................................................   1218-0203
1910.147....................................................   1218-0150
1910.156....................................................   1218-0075
1910.157(e)(3)..............................................   1218-0210
1910.157(f)(16).............................................   1218-0218
1910.177(d)(3)(iv)..........................................   1218-0219
1910.179(j)(2)(iii) and (iv)................................   1218-0224
1910.179(m)(1) and (m)(2)...................................   1218-0224
1910.180(d)(6)..............................................   1218-0221
1910.180(g)(1) and (g)(2)(ii)...............................   1218-0221
1910.181(g)(1) and (g)(3)...................................   1218-0222
1910.184(e)(4), (f)(4) and (i)(8)(ii).......................   1218-0223
1910.217(e)(1)(i) and (ii)..................................   1218-0229
1910.217(g).................................................   1218-0070
1910.217(h).................................................   1218-0143
1910.218(a)(2)(i) and (ii)..................................   1218-0228
1910.252(a)(2)(xiii)(c).....................................   1218-0207
1910.255(e).................................................   1218-0207
1910.266....................................................   1218-0198
1910.268....................................................   1218-0225
1910.269....................................................   1218-0190
1910.272....................................................   1218-0206
1910.420....................................................   1218-0069
1910.421....................................................   1218-0069
1910.423....................................................   1218-0069
1910.430....................................................   1218-0069
1910.440....................................................   1218-0069
1910.1001...................................................   1218-0133
1910.1003...................................................   1218-0085
1910.1004...................................................   1218-0084
1910.1006...................................................   1218-0086
1910.1007...................................................   1218-0083
1910.1008...................................................   1218-0087
1910.1009...................................................   1218-0089
1910.1010...................................................   1218-0082
1910.1011...................................................   1218-0090
1910.1012...................................................   1218-0080
1910.1013...................................................   1218-0079
1910.1014...................................................   1218-0088
1910.1015...................................................   1218-0044
1910.1016...................................................   1218-0081
1910.1017...................................................   1218-0010
1910.1018...................................................   1218-0104
1910.1020...................................................   1218-0065
1910.1025...................................................   1218-0092
1910.1027...................................................   1218-0185
1910.1028...................................................   1218-0129
1910.1029...................................................   1218-0128
1910.1030...................................................   1218-0180
1910.1043...................................................   1218-0061
1910.1044...................................................   1218-0101
1910.1045...................................................   1218-0126
1910.1047...................................................   1218-0108
1910.1048...................................................   1218-0145
1910.1050...................................................   1218-0184
1910.1051...................................................   1218-0170
1910.1052...................................................   1218-0179
1910.1096...................................................   1218-0103
1910.1200...................................................   1218-0072
1910.1450...................................................   1218-0131
------------------------------------------------------------------------


[[Page 110]]


[61 FR 5508, Feb. 13, 1996, as amended at 62 FR 29668, June 2, 1997; 62 
FR 42666, Aug. 8, 1997; 62 FR 43581, Aug. 14, 1997; 62 FR 65203, Dec. 
11, 1997; 63 FR 13340, Mar. 19, 1998; 63 FR 17093, Apr. 8, 1998]



   Subpart B--Adoption and Extension of Established Federal Standards

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and Health 
Act, 29 U.S.C. 653, 655, 657; Walsh-Healey Act, 41 U.S.C. 35 et seq.; 
Service Contract Act of 1965, 41 U.S.C. 351 et seq.; Sec.107, Contract 
Work Hours and Safety Standards Act (Construction Safety Act), 40 U.S.C. 
333; Sec. 41, Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 
941; National Foundation of Arts and Humanities Act, 20 U.S.C. 951 et 
seq.; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
1911), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as 
applicable.



Sec. 1910.11  Scope and purpose.

    (a) The provisions of this subpart B adopt and extend the 
applicability of, established Federal standards in effect on April 28, 
1971, with respect to every employer, employee, and employment covered 
by the Act.
    (b) It bears emphasis that only standards (i.e., substantive rules) 
relating to safety or health are adopted by any incorporations by 
reference of standards prescribed elsewhere in this chapter or this 
title. Other materials contained in the referenced parties are not 
adopted. Illustrations of the types of materials which are not adopted 
are these. The incorporations by reference of parts 1915, 1916, 1917, 
1918 in Secs. 1910.13, 1910.14, 1910.15, and 1910.16 are not intended to 
include the discussion in those parts of the coverage of the 
Longshoremen's and Harbor Workers' Compensation Act or the penalty 
provisions of the Act. Similarly, the incorporation by reference of part 
1926 in Sec. 1910.12 is not intended to include references to 
interpretative rules having relevance to the application of the 
Construction Safety Act, but having no relevance to the application to 
the Occupational Safety and Health Act.



Sec. 1910.12  Construction work.

    (a) Standards. The standards prescribed in part 1926 of this chapter 
are adopted as occupational safety and health standards under section 6 
of the Act and shall apply, according to the provisions thereof, to 
every employment and place of employment of every employee engaged in 
construction work. Each employer shall protect the employment and places 
of employment of each of his employees engaged in construction work by 
complying with the appropriate standards prescribed in this paragraph.
    (b) Definition. For purposes of this section, Construction work 
means work for construction, alteration, and/or repair, including 
painting and decorating. See discussion of these terms in Sec. 1926.13 
of this title.
    (c) Construction Safety Act distinguished. This section adopts as 
occupational safety and health standards under section 6 of the Act the 
standards which are prescribed in part 1926 of this chapter. Thus, the 
standards (substantive rules) published in subpart C and the following 
subparts of part 1926 of this chapter are applied. This section does not 
incorporate subparts A and B of part 1926 of this chapter. Subparts A 
and B have pertinence only to the application of section 107 of the 
Contract Work Hours and Safety Standards Act (the Construction Safety 
Act). For example, the interpretation of the term ``subcontractor'' in 
paragraph (c) of Sec. 1926.13 of this chapter is significant in 
discerning the coverage of the Construction Safety Act and duties 
thereunder. However, the term ``subcontractor'' has no significance in 
the application of the Act, which was enacted under the Commerce Clause 
and which establishes duties for ``employers'' which are not dependent 
for their application upon any contractual relationship with the Federal 
Government or upon any form of Federal financial assistance.
    (d) For the purposes of this part, to the extent that it may not 
already be included in paragraph (b) of this section, ``construction 
work'' includes the erection of new electric transmission and 
distribution lines and equipment, and the alteration, conversion, and 
improvement of the existing transmission and distribution lines and 
equipment.

[[Page 111]]



Sec. 1910.15  Shipyard employment.

    (a) Adoption and extension of established safety and health 
standards for shipyard employment. The standards prescribed by part 1915 
(formerly parts 1501-1503) of this title and in effect on April 28, 1971 
(as revised), are adopted as occupational safety or health standards 
under section 6(a) of the Act and shall apply, according to the 
provisions thereof, to every employment and place of employment of every 
employee engaged in ship repair, shipbreaking, and shipbuilding, or a 
related employment. Each employer shall protect the employment and 
places of employment of each of his employees engaged in ship repair, 
shipbreaking, and shipbuilding, or a related employment, by complying 
with the appropriate standards prescribed by this paragraph.
    (b) Definitions. For purposes of this section:
    (1) Ship repair means any repair of a vessel, including, but not 
restricted to, alterations, conversions, installations, cleaning, 
painting, and maintenance work;
    (2) Shipbreaking means any breaking down of a vessel's structure for 
the purpose of scrapping the vessel, including the removal of gear, 
equipment, or any component of a vessel;
    (3) Shipbuilding means the construction of a vessel, including the 
installation of machinery and equipment;
    (4) Related employment means any employment performed as an incident 
to, or in conjunction with, ship repair, shipbreaking, and shipbuilding 
work, including, but not restricted to, inspection, testing, and 
employment as a watchman; and
    (5) Vessel includes every description of watercraft or other 
artificial contrivance used, or capable of being used, as a means of 
transportation on water, including special purpose floating structures 
not primarily designed for, or used as a means of, transportation on 
water.

[58 FR 35308, June 30, 1993]



Sec. 1910.16  Longshoring and marine terminals.

    (a) Safety and health standards for longshoring. (1) Part 1918 of 
this chapter shall apply exclusively, according to the provisions 
thereof, to all employment of every employee engaged in longshoring 
operations or related employment aboard any vessel. All cargo transfer 
accomplished with the use of shore-based material handling devices shall 
be governed by part 1917 of this chapter.
    (2) Part 1910 does not apply to longshoring operations except for 
the following provisions:
    (i) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (ii) Commercial diving operations. Subpart T;
    (iii) Electrical. Subpart S when shore-based electrical 
installations provide power for use aboard vessels;
    (iv) Hazard communication. Subpart Z, Sec. 1910.1200;
    (v) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (vi) Noise. Subpart G, Sec. 1910.95;
    (vii) Nonionizing radiation. Subpart G, Sec. 1910.97;
    Note to paragraph (a)(2)(vii): Exposures to nonionizing radiation 
emissions from commercial vessel transmitters are considered hazardous 
under the following conditions: (1) where the radar is transmitting, the 
scanner is stationary, and the exposure distance is 18.7 feet (6 m.) or 
less; or (2) where the radar is transmitting, the scanner is rotating, 
and the exposure distance is 5.2 feet (1.8 m.) or less.
    (viii) Respiratory protection. Subpart I, Sec. 1910.134;
    (ix) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements;\1\
---------------------------------------------------------------------------

    \1\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with the 
international legal requirements of the International Convention for the 
Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (B) Bloodborne pathogens, Sec. 1910.1030;
    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1918.94 (a)); and
    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1918.94 (f)).
    (x) Powered industrial truck operator training, Subpart N, 
Sec. 1910.178(l).

[[Page 112]]

    (b) Safety and health standards for marine terminals. Part 1917 of 
this chapter shall apply exclusively, according to the provisions 
thereof, to employment within a marine terminal, except as follows:
    (1) The provisions of part 1917 of this chapter do not apply to the 
following:
    (i) Facilities used solely for the bulk storage, handling, and 
transfer of flammable and combustible liquids and gases.
    (ii) Facilities subject to the regulations of the Office of Pipeline 
Safety of the Research and Special Programs Administration, Department 
of Transportation (49 CFR chapter I, subchapter D), to the extent such 
regulations apply to specific working conditions.
    (iii) Fully automated bulk coal handling facilities contiguous to 
electrical power generating plants.
    (2) Part 1910 does not apply to marine terminals except for the 
following:
    (i) Abrasive blasting. Subpart G, Sec. 1910.94(a);
    (ii) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (iii) Commercial diving operations. Subpart T;
    (iv) Electrical. Subpart S;
    (v) Grain handling facilities. Subpart R, Sec. 1910.272;
    (vi) Hazard communication. Subpart Z, Sec. 1910.1200;
    (vii) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (viii) Noise. Subpart G, Sec. 1910.95;
    (ix) Nonionizing radiation. Subpart G, Sec. 1910.97.
    (x) Respiratory protection. Subpart I, Sec. 1910.134.
    (xi) Safety requirements for scaffolding. Subpart D, Sec. 1910.28;
    (xii) Servicing multi-piece and single piece rim wheels. Subpart N, 
Sec. 1910.177;
    (xiii) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements; \2\
---------------------------------------------------------------------------

    \2\ The International Maritime Organization publishes the 
International Maritime Dangerous Goods Code to aid compliance with the 
international legal requirements of the International Convention for the 
Safety of Life at Sea, 1960.
---------------------------------------------------------------------------

    (B) Bloodborne pathogens, Sec. 1910.1030;
    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1917.24(a)); and
    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1917.73(a)(2)); and
    (xiv) Powered industrial truck operator training, Subpart N, 
Sec. 1910.178(l).
    (c) Definitions. For purposes of this section:
    (1) Longshoring operation means the loading, unloading, moving, or 
handling of, cargo, ship's stores, gear, etc., into, in, on, or out of 
any vessel;
    (2) Related employment means any employment performed as an incident 
to or in conjunction with, longshoring operations including, but not 
restricted to, securing cargo, rigging, and employment as a porter, 
checker, or watchman; and
    (3) Vessel includes every description of watercraft or other 
artificial contrivance used, or capable of being used, as a means of 
transportation on water, including special purpose floating structures 
not primarily designed for, or used as a means of, transportation on 
water.
    (4) Marine terminal means wharves, bulkheads, quays, piers, docks 
and other berthing locations and adjacent storage or adjacent areas and 
structures associated with the primary movement of cargo or materials 
from vessel to shore or shore to vessel including structures which are 
devoted to receiving, handling, holding, consolidation and loading or 
delivery of waterborne shipments or passengers, including areas devoted 
to the maintenance of the terminal or equipment. The term does not 
include production or manufacturing areas having their own docking 
facilities and located at a marine terminal nor does the term include 
storage facilities directly associated with those production or 
manufacturing areas.

[39 FR 23502, June 27, 1974, as amended at 48 FR 30908, July 5, 1983; 52 
FR 36026, Sept. 25, 1987; 62 FR 40195, July 25, 1997; 63 FR 66270, Dec. 
1, 1998]

[[Page 113]]



Sec. 1910.17  Effective dates.

    (a)-(b) [Reserved]
    (c) Except whenever any employment or place of employment is, or 
becomes, subject to any safety and health standard prescribed in part 
1915, 1916, 1917, 1918, or 1926 of this title on a date before August 
27, 1971, by virtue of the Construction Safety Act or the Longshoremen's 
and Harbor Workers' Compensation Act, that occupational safety and 
health standard as incorporated by reference in this subpart shall also 
become effective under the Williams-Steiger Occupational Safety and 
Health Act of 1970 on that date.

[39 FR 23502, June 27, 1974, as amended at 61 FR 9235, Mar. 7, 1996]



Sec. 1910.18  Changes in established Federal standards.

    Whenever an occupational safety and health standard adopted and 
incorporated by reference in this subpart B is changed pursuant to 
section 6(b) of the Act and the statute under which the standard was 
originally promulgated, and in accordance with part 1911 of this 
chapter, the standard shall be deemed changed for purposes of that 
statute and this subpart B, and shall apply under this subpart B. For 
the purposes of this section, a change in a standard includes any 
amendment, addition, or repeal, in whole or in part, of any standard.



Sec. 1910.19  Special provisions for air contaminants.

    (a) Asbestos, tremolite, anthophyllite, and actinolite dust. Section 
1910.1001 shall apply to the exposure of every employee to asbestos, 
tremolite, anthophyllite, and actinolite dust in every employment and 
place of employment covered by Sec. 1910.16, in lieu of any different 
standard on exposure to asbestos, tremolite, anthophyllite, and 
actinolite dust which would otherwise be applicable by virtue of any of 
those sections.
    (b) Vinyl chloride. Section 1910.1017 shall apply to the exposure of 
every employee to vinyl chloride in every employment and place of 
employment covered by Secs. 1910.12, 1910.13, 1910.14, 1910.15, or 
1910.16, in lieu of any different standard on exposure to vinyl chloride 
which would otherwise be applicable by virtue of any of those sections.
    (c) Acrylonitrile. Section 1910.1045 shall apply to the exposure of 
every employee to acrylonitrile in every employment and place of 
employment covered by Secs. 1910.12, 1910.13, 1910.14, 1910.15, or 
Sec. 1910.16, in lieu of any different standard on exposure to 
acrylonitrile which would otherwise be applicable by virtue of any of 
those sections.
    (d) [Reserved]
    (e) Inorganic arsenic. Section 1910.1018 shall apply to the exposure 
of every employee to inorganic arsenic in every employment covered by 
Secs. 1910.12, 1910.13, 1910.14, 1910.15, or Sec. 1910.16, in lieu of 
any different standard on exposure to inorganic arsenic which would 
otherwise be applicable by virtue of any of those sections.
    (f) [Reserved]
    (g) Lead. Section 1910.1025 shall apply to the exposure of every 
employee to lead in every employment and place of employment covered by 
Secs. 1910.13, 1910.14, 1910.15, and 1910.16, in lieu of any different 
standard on exposure to lead which would otherwise be applicable by 
virtue of those sections.
    (h) Ethylene oxide. Section 1910.1047 shall apply to the exposure of 
every employee to ethylene oxide in every employment and place of 
employment covered by Secs. 1910.12, 1910.13, 1910.14, 1910.15, or 
1910.16, in lieu of any different standard on exposure to ethylene oxide 
which would otherwise be applicable by virtue of those sections.
    (i) 4,4'-Methylenedianiline (MDA). Section 1910.1050 shall apply to 
the exposure of every employee to MDA in every employment and place of 
employment covered by Secs. 1910.13, 1910.14, 1910.15, or 1910.16, in 
lieu of any different standard on exposure to MDA which would otherwise 
be applicable by virtue of those sections.
    (j) Formaldehyde. Section 1910.1048 shall apply to the exposure of 
every employee to formaldehyde in every employment and place of 
employment covered by Sec. 1910.12, 1910.13, 1910.14, 1910.15 or 1910.16 
in lieu of any different standard on exposure to formaldehyde which 
would otherwise be applicable by virtue of those sections.

[[Page 114]]

    (k) Cadmium. Section 1910.1027 shall apply to the exposure of every 
employee to cadmium in every employment and place of employment covered 
by 1910.16 in lieu of any different standard on exposures to cadmium 
that would otherwise be applicable by virtue of those sections.
    (l) 1,3-Butadiene (BD). Section 1910.1051 shall apply to the 
exposure of every employee to BD in every employment and place of 
employment covered by Secs. 1910.12, 1910.13, 1910.14, 1910.15, or 
1910.16, in lieu of any different standard on exposure to BD which would 
otherwise be applicable by virtue of those sections.
    (m) Methylene chloride (MC). Section 1910.1052 shall apply to the 
exposure of every employee to MC in every employment and place of 
employment covered by Sec. 1910.16 in lieu of any different standard on 
exposure to MC which would otherwise be applicable by virtue of that 
section when it is not present in sealed, intact containers.

[43 FR 28473, June 30, 1978, as amended at 43 FR 45809, Oct. 3, 1978; 43 
FR 53007, Nov. 14, 1978; 44 FR 5447, Jan. 26, 1979; 46 FR 32022, June 
19, 1981; 49 FR 25796, June 22, 1984; 50 FR 51173, Dec. 13, 1985; 52 FR 
46291, Dec. 4, 1987; 57 FR 35666, Aug. 10, 1992; 57 FR 42388, Sept. 14, 
1992; 59 FR 41057, Aug. 10, 1994; 61 FR 56831, Nov. 4, 1996; 62 FR 1600, 
Jan. 10, 1997]

Subpart C [Reserved]



                   Subpart D--Walking-Working Surfaces

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



Sec. 1910.21  Definitions.

    (a) As used in Sec. 1910.23, unless the context requires otherwise, 
floor and wall opening, railing and toe board terms shall have the 
meanings ascribed in this paragraph.
    (1) Floor hole. An opening measuring less than 12 inches but more 
than 1 inch in its least dimension, in any floor, platform, pavement, or 
yard, through which materials but not persons may fall; such as a belt 
hole, pipe opening, or slot opening.
    (2) Floor opening. An opening measuring 12 inches or more in its 
least dimension, in any floor, platform, pavement, or yard through which 
persons may fall; such as a hatchway, stair or ladder opening, pit, or 
large manhole. Floor openings occupied by elevators, dumb waiters, 
conveyors, machinery, or containers are excluded from this subpart.
    (3) Handrail. A single bar or pipe supported on brackets from a wall 
or partition, as on a stairway or ramp, to furnish persons with a 
handhold in case of tripping.
    (4) Platform. A working space for persons, elevated above the 
surrounding floor or ground; such as a balcony or platform for the 
operation of machinery and equipment.
    (5) Runway. A passageway for persons, elevated above the surrounding 
floor or ground level, such as a footwalk along shafting or a walkway 
between buildings.
    (6) Standard railing. A vertical barrier erected along exposed edges 
of a floor opening, wall opening, ramp, platform, or runway to prevent 
falls of persons.
    (7) Standard strength and construction. Any construction of 
railings, covers, or other guards that meets the requirements of 
Sec. 1910.23.
    (8) Stair railing. A vertical barrier erected along exposed sides of 
a stairway to prevent falls of persons.
    (9) Toeboard. A vertical barrier at floor level erected along 
exposed edges of a floor opening, wall opening, platform, runway, or 
ramp to prevent falls of materials.
    (10) Wall hole. An opening less than 30 inches but more than 1 inch 
high, of unrestricted width, in any wall or partition; such as a 
ventilation hole or drainage scupper.
    (11) Wall opening. An opening at least 30 inches high and 18 inches 
wide, in any wall or partition, through which persons may fall; such as 
a yard-arm doorway or chute opening.
    (b) As used in Sec. 1910.24, unless the context requires otherwise, 
fixed industrial stair terms shall have the meaning ascribed in this 
paragraph.

[[Page 115]]

    (1) Handrail. A single bar or pipe supported on brackets from a wall 
or partition to provide a continuous handhold for persons using a stair.
    (2) Nose, nosing. That portion of a tread projecting beyond the face 
of the riser immediately below.
    (3) Open riser. The air space between the treads of stairways 
without upright members (risers).
    (4) Platform. An extended step or landing breaking a continuous run 
of stairs.
    (5) Railing. A vertical barrier erected along exposed sides of 
stairways and platforms to prevent falls of persons. The top member of 
railing usually serves as a handrail.
    (6) Rise. The vertical distance from the top of a tread to the top 
of the next higher tread.
    (7) Riser. The upright member of a step situated at the back of a 
lower tread and near the leading edge of the next higher tread.
    (8) Stairs, stairway. A series of steps leading from one level or 
floor to another, or leading to platforms, pits, boiler rooms, 
crossovers, or around machinery, tanks, and other equipment that are 
used more or less continuously or routinely by employees, or only 
occasionally by specific individuals. A series of steps and landings 
having three or more risers constitutes stairs or stairway.
    (9) Tread. The horizontal member of a step.
    (10) Tread run. The horizontal distance from the leading edge of a 
tread to the leading edge of an adjacent tread.
    (11) Tread width. The horizontal distance from front to back of 
tread including nosing when used.
    (c) As used in Sec. 1910.25, unless the context requires otherwise, 
portable wood ladders terms shall have the meanings ascribed in this 
paragraph.
    (1) Ladders. A ladder is an appliance usually consisting of two side 
rails joined at regular intervals by cross- pieces called steps, rungs, 
or cleats, on which a person may step in ascending or descending.
    (2) Stepladder. A stepladder is a selfsupporting portable ladder, 
nonadjustable in length, having flat steps and a hinged back. Its size 
is designated by the overall length of the ladder measured along the 
front edge of the side rails.
    (3) Single ladder. A single ladder is a non-self-supporting portable 
ladder, nonadjustable in length, consisting of but one section. Its size 
is designated by the overall length of the side rail.
    (4) Extension ladder. An extension ladder is a non-self-supporting 
portable ladder adjustable in length. It consists of two or more 
sections traveling in guides or brackets so arranged as to permit length 
adjustment. Its size is designated by the sum of the lengths of the 
sections measured along the side rails.
    (5) Sectional ladder. A sectional ladder is a non-self-supporting 
portable ladder, nonadjustable in length, consisting of two or more 
sections of ladder so constructed that the sections may be combined to 
function as a single ladder. Its size is designated by the overall 
length of the assembled sections.
    (6) Trestle ladder. A trestle ladder is a self-supporting portable 
ladder, nonadjustable in length, consisting of two sections hinged at 
the top to form equal angles with the base. The size is designated by 
the length of the side rails measured along the front edge.
    (7) Extension trestle ladder. An extension trestle ladder is a self-
supporting portable ladder, adjustable in length, consisting of a 
trestle ladder base and a vertically adjustable single ladder, with 
suitable means for locking the ladders together. The size is designated 
by the length of the trestle ladder base.
    (8) Special-purpose ladder. A special-purpose ladder is a portable 
ladder which represents either a modification or a combination of design 
or construction features in one of the general-purpose types of ladders 
previously defined, in order to adapt the ladder to special or specific 
uses.
    (9) Trolley ladder. A trolley ladder is a semifixed ladder, 
nonadjustable in length, supported by attachments to an overhead track, 
the plane of the ladder being at right angles to the plane of motion.
    (10) Side-rolling ladder. A side-rolling ladder is a semifixed 
ladder, nonadjustable in length, supported by attachments to a guide 
rail, which is generally fastened to shelving, the plane of

[[Page 116]]

the ladder being also its plane of motion.
    (11) Wood characteristics. Wood characteristics are distinguishing 
features which by their extent and number determine the quality of a 
piece of wood.
    (12) Wood irregularities. Wood irregularities are natural 
characteristics in or on wood that may lower its durability, strength, 
or utility.
    (13) Cross grain. Cross grain (slope of grain) is a deviation of the 
fiber direction from a line parallel to the sides of the piece.
    (14) Knot. A knot is a branch or limb, imbedded in the tree and cut 
through in the process of lumber manufacture, classified according to 
size, quality, and occurrence. The size of the knot is determined as the 
average diameter on the surface of the piece.
    (15) Pitch and bark pockets. A pitch pocket is an opening extending 
parallel to the annual growth rings containing, or that has contained, 
pitch, either solid or liquid. A bark pocket is an opening between 
annual growth rings that contains bark.
    (16) Shake. A shake is a separation along the grain, most of which 
occurs between the rings of annual growth.
    (17) Check. A check is a lengthwise separation of the wood, most of 
which occurs across the rings of annual growth.
    (18) Wane. Wane is bark, or the lack of wood from any cause, on the 
corner of a piece.
    (19) Decay. Decay is disintegration of wood substance due to action 
of wood-destroying fungi. It is also known as dote and rot.
    (20) Compression failure. A compression failure is a deformation 
(buckling) of the fibers due to excessive compression along the grain.
    (21) Compression wood. Compression wood is an aberrant (abnormal) 
and highly variable type of wood structure occurring in softwood 
species. The wood commonly has density somewhat higher than does normal 
wood, but somewhat lower stiffness and tensile strength for its weight 
in addition to high longitudinal shrinkage.
    (22) Low density. Low-density wood is that which is exceptionally 
light in weight and usually deficient in strength properties for the 
species.
    (d) As used in Sec. 1910.26, unless the context requires otherwise, 
portable metal ladder terms shall have the meanings ascribed in this 
paragraph.
    (1) Ladder. A ladder is an appliance usually consisting of two side 
rails joined at regular intervals by cross- pieces called steps, rungs, 
or cleats, on which a person may step in ascending or descending.
    (2) Step ladder. A step ladder is a self-supporting portable ladder, 
nonadjustable in length, having flat steps and a hinged back. Its size 
is designated by the overall length of the ladder measured along the 
front edge of the side rails.
    (3) Single ladder. A single ladder is a non-self-supporting portable 
ladder, nonadjustable in length, consisting of but one section. Its size 
is designated by the overall length of the side rail.
    (4) Extension ladder. An extension ladder is a non-self-supporting 
portable ladder adjustable in length. It consists of two or more 
sections traveling in guides or brackets so arranged as to permit length 
adjustment. Its size is designated by the sum of the lengths of the 
sections measured along the side rails.
    (5) Platform ladder. A self-supporting ladder of fixed size with a 
platform provided at the working level. The size is determined by the 
distance along the front rail from the platform to the base of the 
ladder.
    (6) Sectional ladder. A sectional ladder is a non-self-supporting 
portable ladder, non-adjustable in length, consisting of two or more 
sections so constructed that the sections may be combined to function as 
a single ladder. Its size is designated by the overall length of the 
assembled sections.
    (7) Trestle ladder. A trestle ladder is a self-supporting portable 
ladder, non-adjustable in length, consisting of two sections, hinged at 
the top to form equal angles with the base. The size is designated by 
the length of the side rails measured along the front edge.
    (8) Extension trestle ladder. An extension trestle ladder is a self-
supporting portable ladder, adjustable in length, consisting of a 
trestle ladder base and a vertically adjustable single ladder, with 
suitable means for locking the

[[Page 117]]

ladders together. The size is designated by the length of the trestle 
ladder base.
    (9) Special-purpose ladder. A special-purpose ladder is a portable 
ladder which represents either a modification or a combination of design 
or construction features in one of the general-purpose types of ladders 
previously defined, in order to adapt the ladder to special or specific 
uses.
    (e) As used in Sec. 1910.27, unless the context requires otherwise, 
fixed ladder terms shall have the meanings ascribed in this paragraph.
    (1) Ladder. A ladder is an appliance usually consisting of two side 
rails joined at regular intervals by cross- pieces called steps, rungs, 
or cleats, on which a person may step in ascending or descending.
    (2) Fixed ladder. A fixed ladder is a ladder permanently attached to 
a structure, building, or equipment.
    (3) Individual-rung ladder. An individual-rung ladder is a fixed 
ladder each rung of which is individually attached to a structure, 
building, or equipment.
    (4) Rail ladder. A rail ladder is a fixed ladder consisting of side 
rails joined at regular intervals by rungs or cleats and fastened in 
full length or in sections to a building, structure, or equipment.
    (5) Railings. A railing is any one or a combination of those 
railings constructed in accordance with Sec. 1910.23. A standard railing 
is a vertical barrier erected along exposed edges of floor openings, 
wall openings, ramps, platforms, and runways to prevent falls of 
persons.
    (6) Pitch. Pitch is the included angle between the horizontal and 
the ladder, measured on the opposite side of the ladder from the 
climbing side.
    (7) Fastenings. A fastening is a device to attach a ladder to a 
structure, building, or equipment.
    (8) Rungs. Rungs are ladder cross- pieces of circular or oval cross-
section on which a person may step in ascending or descending.
    (9) Cleats. Cleats are ladder cross- pieces of rectangular cross-
section placed on edge on which a person may step in ascending or 
descending.
    (10) Steps. Steps are the flat cross- pieces of a ladder on which a 
person may step in ascending or descending.
    (11) Cage. A cage is a guard that may be referred to as a cage or 
basket guard which is an enclosure that is fastened to the side rails of 
the fixed ladder or to the structure to encircle the climbing space of 
the ladder for the safety of the person who must climb the ladder.
    (12) Well. A well is a permanent complete enclosure around a fixed 
ladder, which is attached to the walls of the well. Proper clearances 
for a well will give the person who must climb the ladder the same 
protection as a cage.
    (13) Ladder safety device. A ladder safety device is any device, 
other than a cage or well, designed to eliminate or reduce the 
possibility of accidental falls and which may incorporate such features 
as life belts, friction brakes, and sliding attachments.
    (14) Grab bars. Grab bars are individual handholds placed adjacent 
to or as an extension above ladders for the purpose of providing access 
beyond the limits of the ladder.
    (15) Through ladder. A through ladder is one from which a man 
getting off at the top must step through the ladder in order to reach 
the landing.
    (16) Side-step ladder. A side-step ladder is one from which a man 
getting off at the top must step sideways from the ladder in order to 
reach the landing.
    (f) As used in Sec. 1910.28, unless the context requires otherwise, 
scaffolding terms shall have the meaning ascribed in this paragraph.
    (1) Bearer. A horizontal member of a scaffold upon which the 
platform rests and which may be supported by ledgers.
    (2) Boatswain's chair. A seat supported by slings attached to a 
suspended rope, designed to accommodate one workman in a sitting 
position.
    (3) Brace. A tie that holds one scaffold member in a fixed position 
with respect to another member.
    (4) Bricklayers' square scaffold. A scaffold composed of framed wood 
squares which support a platform limited to light and medium duty.
    (5) Carpenters' bracket scaffold. A scaffold consisting of wood or 
metal brackets supporting a platform.
    (6) Coupler. A device for locking together the component parts of a 
tubular metal scaffold. The material used for the couplers shall be of a 
structural

[[Page 118]]

type, such as a drop-forged steel, malleable iron, or structural grade 
aluminum. The use of gray cast iron is prohibited.
    (7) Crawling board or chicken ladder. A plank with cleats spaced and 
secured at equal intervals, for use by a worker on roofs, not designed 
to carry any material.
    (8) Double pole or independent pole scaffold. A scaffold supported 
from the base by a double row of uprights, independent of support from 
the walls and constructed of uprights, ledgers, horizontal platform 
bearers, and diagonal bracing.
    (9) Float or ship scaffold. A scaffold hung from overhead supports 
by means of ropes and consisting of a substantial platform having 
diagonal bracing underneath, resting upon and securely fastened to two 
parallel plank bearers at right angles to the span.
    (10) Guardrail. A rail secured to uprights and erected along the 
exposed sides and ends of platforms.
    (11) Heavy duty scaffold. A scaffold designed and constructed to 
carry a working load not to exceed 75 pounds per square foot.
    (12) Horse scaffold. A scaffold for light or medium duty, composed 
of horses supporting a work platform.
    (13) Interior hung scaffold. A scaffold suspended from the ceiling 
or roof structure.
    (14) Ladder jack scaffold. A light duty scaffold supported by 
brackets attached to ladders.
    (15) Ledger (stringer). A horizontal scaffold member which extends 
from post to post and which supports the putlogs or bearer forming a tie 
between the posts.
    (16) Light duty scaffold. A scaffold designed and constructed to 
carry a working load not to exceed 25 pounds per square foot.
    (17) Manually propelled mobile scaffold. A portable rolling scaffold 
supported by casters.
    (18) Masons' adjustable multiple-point suspension scaffold. A 
scaffold having a continuous platform supported by bearers suspended by 
wire rope from overhead supports, so arranged and operated as to permit 
the raising or lowering of the platform to desired working positions.
    (19) Maximum intended load. The total of all loads including the 
working load, the weight of the scaffold, and such other loads as may be 
reasonably anticipated.
    (20) Medium duty scaffold. A scaffold designed and constructed to 
carry a working load not to exceed 50 pounds per square foot.
    (21) Mid-rail. A rail approximately midway between the guardrail and 
platform, used when required, and secured to the uprights erected along 
the exposed sides and ends of platforms.
    (22) Needle beam scaffold. A light duty scaffold consisting of 
needle beams supporting a platform.
    (23) Outrigger scaffold. A scaffold supported by outriggers or 
thrustouts projecting beyond the wall or face of the building or 
structure, the inboard ends of which are secured inside of such a 
building or structure.
    (24) Putlog. A scaffold member upon which the platform rests.
    (25) Roofing bracket. A bracket used in sloped roof construction, 
having provisions for fastening to the roof or supported by ropes 
fastened over the ridge and secured to some suitable object.
    (26) Runner. The lengthwise horizontal bracing or bearing members or 
both.
    (27) Scaffold. Any temporary elevated platform and its supporting 
structure used for supporting workmen or materials or both.
    (28) Single-point adjustable suspension scaffold. A manually or 
power-operated unit designed for light duty use, supported by a single 
wire rope from an overhead support so arranged and operated as to permit 
the raising or lowering of the platform to desired working positions.
    (29) Single pole scaffold. Platforms resting on putlogs or 
crossbeams, the outside ends of which are supported on ledgers secured 
to a single row of posts or uprights and the inner ends of which are 
supported on or in a wall.
    (30) Stone setters' adjustable multiple-point suspension scaffold. A 
swinging-type scaffold having a platform supported by hangers suspended 
at four points so as to permit the raising or lowering of the platform 
to the desired working position by the use of hoisting machines.

[[Page 119]]

    (31) Toeboard. A barrier secured along the sides and ends of a 
platform, to guard against the falling of material.
    (32) Tube and coupler scaffold. An assembly consisting of tubing 
which serves as posts, bearers, braces, ties, and runners, a base 
supporting the posts, and special couplers which serve to connect the 
uprights and to join the various members.
    (33) Tubular welded frame scaffold. A sectional, panel, or frame 
metal scaffold substantially built up of prefabricated welded sections 
which consist of posts and horizontal bearer with intermediate members. 
Panels or frames shall be braced with diagonal or cross braces.
    (34) Two-point suspension scaffold (swinging scaffold). A scaffold, 
the platform of which is supported by hangers (stirrups) at two points, 
suspended from overhead supports so as to permit the raising or lowering 
of the platform to the desired working position by tackle or hoisting 
machines.
    (35) Window jack scaffold. A scaffold, the platform of which is 
supported by a bracket or jack which projects through a window opening.
    (36) Working load. Load imposed by men, materials, and equipment.
    (g) As used in Sec. 1910.29, unless the context requires otherwise, 
manually propelled mobile ladder stand and scaffold (tower) terms shall 
have the meaning ascribed in this paragraph.
    (1) Bearer. A horizontal member of a scaffold upon which the 
platform rests and which may be supported by ledgers.
    (2) Brace. A tie that holds one scaffold member in a fixed position 
with respect to another member.
    (3) Climbing ladder. A separate ladder with equally spaced rungs 
usually attached to the scaffold structure for climbing and descending.
    (4) Coupler. A device for locking together the components of a 
tubular metal scaffold which shall be designed and used to safely 
support the maximum intended loads.
    (5) Design working load. The maximum intended load, being the total 
of all loads including the weight of the men, materials, equipment, and 
platform.
    (6) Equivalent. Alternative design or features, which will provide 
an equal degree or factor of safety.
    (7) Guardrail. A barrier secured to uprights and erected along the 
exposed sides and ends of platforms to prevent falls of persons.
    (8) Handrail. A rail connected to a ladder stand running parallel to 
the slope and/or top step.
    (9) Ladder stand. A mobile fixed size self-supporting ladder 
consisting of a wide flat tread ladder in the form of stairs. The 
assembly may include handrails.
    (10) Ledger (stringer). A horizontal scaffold member which extends 
from post to post and which supports the bearer forming a tie between 
the posts.
    (11) Mobile scaffold (tower). A light, medium, or heavy duty 
scaffold mounted on casters or wheels.
    (12) Mobile. ``Manually propelled.''
    (13) Mobile work platform. Generally a fixed work level one frame 
high on casters or wheels, with bracing diagonally from platform to 
vertical frame.
    (14) Runner. The lengthwise horizontal bracing and/or bearing 
members.
    (15) Scaffold. Any temporary elevated platform and its necessary 
vertical, diagonal, and horizontal members used for supporting workmen 
and materials. (Also known as a scaffold tower.)
    (16) Toeboard. A barrier at platform level erected along the exposed 
sides and ends of a scaffold platform to prevent falls of materials.
    (17) Tube and coupler scaffold. An assembly consisting of tubing 
which serves as posts, bearers, braces, ties, and runners, a base 
supporting the posts, and uprights, and serves to join the various 
members, usually used in fixed locations.
    (18) Tubular welded frame scaffold. A sectional, panel, or frame 
metal scaffold substantially built up of prefabricated welded sections, 
which consist of posts and bearers with intermediate connecting members 
and braced with diagonal or cross braces.
    (19) Tubular welded sectional folding scaffold. A sectional, folding 
metal scaffold either of ladder frame or inside stairway design, 
substantially built of prefabricated welded sections, which consist of 
end frames, platform frame, inside inclined stairway frame and

[[Page 120]]

braces, or hinged connected diagonal and horizontal braces, capable of 
being folded into a flat package when the scaffold is not in use.
    (20) Work level. The elevated platform, used for supporting workmen 
and their materials, comprising the necessary vertical, horizontal, and 
diagonal braces, guardrails, and ladder for access to the work platform.



Sec. 1910.22  General requirements.

    This section applies to all permanent places of employment, except 
where domestic, mining, or agricultural work only is performed. Measures 
for the control of toxic materials are considered to be outside the 
scope of this section.
    (a) Housekeeping. (1) All places of employment, passageways, 
storerooms, and service rooms shall be kept clean and orderly and in a 
sanitary condition.
    (2) The floor of every workroom shall be maintained in a clean and, 
so far as possible, a dry condition. Where wet processes are used, 
drainage shall be maintained, and false floors, platforms, mats, or 
other dry standing places should be provided where practicable.
    (3) To facilitate cleaning, every floor, working place, and 
passageway shall be kept free from protruding nails, splinters, holes, 
or loose boards.
    (b) Aisles and passageways. (1) Where mechanical handling equipment 
is used, sufficient safe clearances shall be allowed for aisles, at 
loading docks, through doorways and wherever turns or passage must be 
made. Aisles and passageways shall be kept clear and in good repairs, 
with no obstruction across or in aisles that could create a hazard.
    (2) Permanent aisles and passageways shall be appropriately marked.
    (c) Covers and guardrails. Covers and/or guardrails shall be 
provided to protect personnel from the hazards of open pits, tanks, 
vats, ditches, etc.
    (d) Floor loading protection. (1) In every building or other 
structure, or part thereof, used for mercantile, business, industrial, 
or storage purposes, the loads approved by the building official shall 
be marked on plates of approved design which shall be supplied and 
securely affixed by the owner of the building, or his duly authorized 
agent, in a conspicuous place in each space to which they relate. Such 
plates shall not be removed or defaced but, if lost, removed, or 
defaced, shall be replaced by the owner or his agent.
    (2) It shall be unlawful to place, or cause, or permit to be placed, 
on any floor or roof of a building or other structure a load greater 
than that for which such floor or roof is approved by the building 
official.



Sec. 1910.23  Guarding floor and wall openings and holes.

    (a) Protection for floor openings. (1) Every stairway floor opening 
shall be guarded by a standard railing constructed in accordance with 
paragraph (e) of this section. The railing shall be provided on all 
exposed sides (except at entrance to stairway). For infrequently used 
stairways where traffic across the opening prevents the use of fixed 
standard railing (as when located in aisle spaces, etc.), the guard 
shall consist of a hinged floor opening cover of standard strength and 
construction and removable standard railings on all exposed sides 
(except at entrance to stairway).
    (2) Every ladderway floor opening or platform shall be guarded by a 
standard railing with standard toeboard on all exposed sides (except at 
entrance to opening), with the passage through the railing either 
provided with a swinging gate or so offset that a person cannot walk 
directly into the opening.
    (3) Every hatchway and chute floor opening shall be guarded by one 
of the following:
    (i) Hinged floor opening cover of standard strength and construction 
equipped with standard railings or permanently attached thereto so as to 
leave only one exposed side. When the opening is not in use, the cover 
shall be closed or the exposed side shall be guarded at both top and 
intermediate positions by removable standard railings.
    (ii) A removable railing with toeboard on not more than two sides of 
the opening and fixed standard railings with toeboards on all other 
exposed sides. The removable railings shall be kept in place when the 
opening is not in use.

[[Page 121]]


Where operating conditions necessitate the feeding of material into any 
hatchway or chute opening, protection shall be provided to prevent a 
person from falling through the opening.
    (4) Every skylight floor opening and hole shall be guarded by a 
standard skylight screen or a fixed standard railing on all exposed 
sides.
    (5) Every pit and trapdoor floor opening, infrequently used, shall 
be guarded by a floor opening cover of standard strength and 
construction. While the cover is not in place, the pit or trap opening 
shall be constantly attended by someone or shall be protected on all 
exposed sides by removable standard railings.
    (6) Every manhole floor opening shall be guarded by a standard 
manhole cover which need not be hinged in place. While the cover is not 
in place, the manhole opening shall be constantly attended by someone or 
shall be protected by removable standard railings.
    (7) Every temporary floor opening shall have standard railings, or 
shall be constantly attended by someone.
    (8) Every floor hole into which persons can accidentally walk shall 
be guarded by either:
    (i) A standard railing with standard toeboard on all exposed sides, 
or
    (ii) A floor hole cover of standard strength and construction. While 
the cover is not in place, the floor hole shall be constantly attended 
by someone or shall be protected by a removable standard railing.
    (9) Every floor hole into which persons cannot accidentally walk (on 
account of fixed machinery, equipment, or walls) shall be protected by a 
cover that leaves no openings more than 1 inch wide. The cover shall be 
securely held in place to prevent tools or materials from falling 
through.
    (10) Where doors or gates open directly on a stairway, a platform 
shall be provided, and the swing of the door shall not reduce the 
effective width to less than 20 inches.
    (b) Protection for wall openings and holes. (1) Every wall opening 
from which there is a drop of more than 4 feet shall be guarded by one 
of the following:
    (i) Rail, roller, picket fence, half door, or equivalent barrier. 
Where there is exposure below to falling materials, a removable toe 
board or the equivalent shall also be provided. When the opening is not 
in use for handling materials, the guard shall be kept in position 
regardless of a door on the opening. In addition, a grab handle shall be 
provided on each side of the opening with its center approximately 4 
feet above floor level and of standard strength and mounting.
    (ii) Extension platform onto which materials can be hoisted for 
handling, and which shall have side rails or equivalent guards of 
standard specifications.
    (2) Every chute wall opening from which there is a drop of more than 
4 feet shall be guarded by one or more of the barriers specified in 
paragraph (b)(1) of this section or as required by the conditions.
    (3) Every window wall opening at a stairway landing, floor, 
platform, or balcony, from which there is a drop of more than 4 feet, 
and where the bottom of the opening is less than 3 feet above the 
platform or landing, shall be guarded by standard slats, standard grill 
work (as specified in paragraph (e)(11) of this section), or standard 
railing.

Where the window opening is below the landing, or platform, a standard 
toe board shall be provided.
    (4) Every temporary wall opening shall have adequate guards but 
these need not be of standard construction.
    (5) Where there is a hazard of materials falling through a wall 
hole, and the lower edge of the near side of the hole is less than 4 
inches above the floor, and the far side of the hole more than 5 feet 
above the next lower level, the hole shall be protected by a standard 
toeboard, or an enclosing screen either of solid construction, or as 
specified in paragraph (e)(11) of this section.
    (c) Protection of open-sided floors, platforms, and runways. (1) 
Every open-sided floor or platform 4 feet or more above adjacent floor 
or ground level shall be guarded by a standard railing (or the 
equivalent as specified in paragraph (e)(3) of this section) on all open 
sides except where there is entrance to a ramp, stairway, or fixed 
ladder. The railing shall be provided with a

[[Page 122]]

toeboard wherever, beneath the open sides,
    (i) Persons can pass,
    (ii) There is moving machinery, or
    (iii) There is equipment with which falling materials could create a 
hazard.
    (2) Every runway shall be guarded by a standard railing (or the 
equivalent as specified in paragraph (e)(3) of this section) on all open 
sides 4 feet or more above floor or ground level. Wherever tools, 
machine parts, or materials are likely to be used on the runway, a 
toeboard shall also be provided on each exposed side.

Runways used exclusively for special purposes (such as oiling, shafting, 
or filling tank cars) may have the railing on one side omitted where 
operating conditions necessitate such omission, providing the falling 
hazard is minimized by using a runway of not less than 18 inches wide. 
Where persons entering upon runways become thereby exposed to machinery, 
electrical equipment, or other danger not a falling hazard, additional 
guarding than is here specified may be essential for protection.
    (3) Regardless of height, open-sided floors, walkways, platforms, or 
runways above or adjacent to dangerous equipment, pickling or 
galvanizing tanks, degreasing units, and similar hazards shall be 
guarded with a standard railing and toe board.
    (d) Stairway railings and guards. (1) Every flight of stairs having 
four or more risers shall be equipped with standard stair railings or 
standard handrails as specified in paragraphs (d)(1) (i) through (v) of 
this section, the width of the stair to be measured clear of all 
obstructions except handrails:
    (i) On stairways less than 44 inches wide having both sides 
enclosed, at least one handrail, preferably on the right side 
descending.
    (ii) On stairways less than 44 inches wide having one side open, at 
least one stair railing on open side.
    (iii) On stairways less than 44 inches wide having both sides open, 
one stair railing on each side.
    (iv) On stairways more than 44 inches wide but less than 88 inches 
wide, one handrail on each enclosed side and one stair railing on each 
open side.
    (v) On stairways 88 or more inches wide, one handrail on each 
enclosed side, one stair railing on each open side, and one intermediate 
stair railing located approximately midway of the width.
    (2) Winding stairs shall be equipped with a handrail offset to 
prevent walking on all portions of the treads having width less than 6 
inches.
    (e) Railing, toe boards, and cover specifications. (1) A standard 
railing shall consist of top rail, intermediate rail, and posts, and 
shall have a vertical height of 42 inches nominal from upper surface of 
top rail to floor, platform, runway, or ramp level. The top rail shall 
be smooth-surfaced throughout the length of the railing. The 
intermediate rail shall be approximately halfway between the top rail 
and the floor, platform, runway, or ramp. The ends of the rails shall 
not overhang the terminal posts except where such overhang does not 
constitute a projection hazard.
    (2) A stair railing shall be of construction similar to a standard 
railing but the vertical height shall be not more than 34 inches nor 
less than 30 inches from upper surface of top rail to surface of tread 
in line with face of riser at forward edge of tread.
    (3) [Reserved]
    (i) For wood railings, the posts shall be of at least 2-inch by 4-
inch stock spaced not to exceed 6 feet; the top and intermediate rails 
shall be of at least 2-inch by 4-inch stock. If top rail is made of two 
right-angle pieces of 1-inch by 4-inch stock, posts may be spaced on 8-
foot centers, with 2-inch by 4-inch intermediate rail.
    (ii) For pipe railings, posts and top and intermediate railings 
shall be at least 1\1/2\ inches nominal diameter with posts spaced not 
more than 8 feet on centers.
    (iii) For structural steel railings, posts and top and intermediate 
rails shall be of 2-inch by 2-inch by \3/8\-inch angles or other metal 
shapes of equivalent bending strength with posts spaced not more than 8 
feet on centers.
    (iv) The anchoring of posts and framing of members for railings of 
all types shall be of such construction that the completed structure 
shall be capable of withstanding a load of at least 200

[[Page 123]]

pounds applied in any direction at any point on the top rail.
    (v) Other types, sizes, and arrangements of railing construction are 
acceptable provided they meet the following conditions:
    (a) A smooth-surfaced top rail at a height above floor, platform, 
runway, or ramp level of 42 inches nominal;
    (b) A strength to withstand at least the minimum requirement of 200 
pounds top rail pressure;
    (c) Protection between top rail and floor, platform, runway, ramp, 
or stair treads, equivalent at least to that afforded by a standard 
intermediate rail;
    (4) A standard toeboard shall be 4 inches nominal in vertical height 
from its top edge to the level of the floor, platform, runway, or ramp. 
It shall be securely fastened in place and with not more than \1/4\-inch 
clearance above floor level. It may be made of any substantial material 
either solid or with openings not over 1 inch in greatest dimension.

Where material is piled to such height that a standard toeboard does not 
provide protection, paneling from floor to intermediate rail, or to top 
rail shall be provided.
    (5)(i) A handrail shall consist of a lengthwise member mounted 
directly on a wall or partition by means of brackets attached to the 
lower side of the handrail so as to offer no obstruction to a smooth 
surface along the top and both sides of the handrail. The handrail shall 
be of rounded or other section that will furnish an adequate handhold 
for anyone grasping it to avoid falling. The ends of the handrail should 
be turned in to the supporting wall or otherwise arranged so as not to 
constitute a projection hazard.
    (ii) The height of handrails shall be not more than 34 inches nor 
less than 30 inches from upper surface of handrail to surface of tread 
in line with face of riser or to surface of ramp.
    (iii) The size of handrails shall be: When of hardwood, at least 2 
inches in diameter; when of metal pipe, at least 1\1/2\ inches in 
diameter. The length of brackets shall be such as will give a clearance 
between handrail and wall or any projection thereon of at least 3 
inches. The spacing of brackets shall not exceed 8 feet.
    (iv) The mounting of handrails shall be such that the completed 
structure is capable of withstanding a load of at least 200 pounds 
applied in any direction at any point on the rail.
    (6) All handrails and railings shall be provided with a clearance of 
not less than 3 inches between the handrail or railing and any other 
object.
    (7) Floor opening covers may be of any material that meets the 
following strength requirements:
    (i) Trench or conduit covers and their supports, when located in 
plant roadways, shall be designed to carry a truck rear-axle load of at 
least 20,000 pounds.
    (ii) Manhole covers and their supports, when located in plant 
roadways, shall comply with local standard highway requirements if any; 
otherwise, they shall be designed to carry a truck rear-axle load of at 
least 20,000 pounds.
    (iii) The construction of floor opening covers may be of any 
material that meets the strength requirements. Covers projecting not 
more than 1 inch above the floor level may be used providing all edges 
are chamfered to an angle with the horizontal of not over 30 degrees. 
All hinges, handles, bolts, or other parts shall set flush with the 
floor or cover surface.
    (8) Skylight screens shall be of such construction and mounting that 
they are capable of withstanding a load of at least 200 pounds applied 
perpendicularly at any one area on the screen. They shall also be of 
such construction and mounting that under ordinary loads or impacts, 
they will not deflect downward sufficiently to break the glass below 
them. The construction shall be of grillwork with openings not more than 
4 inches long or of slatwork with openings not more than 2 inches wide 
with length unrestricted.
    (9) Wall opening barriers (rails, rollers, picket fences, and half 
doors) shall be of such construction and mounting that, when in place at 
the opening, the barrier is capable of withstanding a load of at least 
200 pounds applied in any direction (except upward) at any point on the 
top rail or corresponding member.
    (10) Wall opening grab handles shall be not less than 12 inches in 
length and shall be so mounted as to give 3 inches

[[Page 124]]

clearance from the side framing of the wall opening. The size, material, 
and anchoring of the grab handle shall be such that the completed 
structure is capable of withstanding a load of at least 200 pounds 
applied in any direction at any point of the handle.
    (11) Wall opening screens shall be of such construction and mounting 
that they are capable of withstanding a load of at least 200 pounds 
applied horizontally at any point on the near side of the screen. They 
may be of solid construction, of grillwork with openings not more than 8 
inches long, or of slatwork with openings not more than 4 inches wide 
with length unrestricted.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49744, Oct. 24, 1978; 
49 FR 5321, Feb. 10, 1984]



Sec. 1910.24  Fixed industrial stairs.

    (a) Application of requirements. This section contains 
specifications for the safe design and construction of fixed general 
industrial stairs. This classification includes interior and exterior 
stairs around machinery, tanks, and other equipment, and stairs leading 
to or from floors, platforms, or pits. This section does not apply to 
stairs used for fire exit purposes, to construction operations to 
private residences, or to articulated stairs, such as may be installed 
on floating roof tanks or on dock facilities, the angle of which changes 
with the rise and fall of the base support.
    (b) Where fixed stairs are required. Fixed stairs shall be provided 
for access from one structure level to another where operations 
necessitate regular travel between levels, and for access to operating 
platforms at any equipment which requires attention routinely during 
operations. Fixed stairs shall also be provided where access to 
elevations is daily or at each shift for such purposes as gauging, 
inspection, regular maintenance, etc., where such work may expose 
employees to acids, caustics, gases, or other harmful substances, or for 
which purposes the carrying of tools or equipment by hand is normally 
required. (It is not the intent of this section to preclude the use of 
fixed ladders for access to elevated tanks, towers, and similar 
structures, overhead traveling cranes, etc., where the use of fixed 
ladders is common practice.) Spiral stairways shall not be permitted 
except for special limited usage and secondary access situations where 
it is not practical to provide a conventional stairway. Winding 
stairways may be installed on tanks and similar round structures where 
the diameter of the structure is not less than five (5) feet.
    (c) Stair strength. Fixed stairways shall be designed and 
constructed to carry a load of five times the normal live load 
anticipated but never of less strength than to carry safely a moving 
concentrated load of 1,000 pounds.
    (d) Stair width. Fixed stairways shall have a minimum width of 22 
inches.
    (e) Angle of stairway rise. Fixed stairs shall be installed at 
angles to the horizontal of between 30 deg. and 50 deg.. Any uniform 
combination of rise/tread dimensions may be used that will result in a 
stairway at an angle to the horizontal within the permissible range. 
Table D-1 gives rise/tread dimensions which will produce a stairway 
within the permissible range, stating the angle to the horizontal 
produced by each combination. However, the rise/tread combinations are 
not limited to those given in Table D-1.

                                Table D-1
------------------------------------------------------------------------
                                                                  Tread
                 Angle to horizontal                  Rise (in   run (in
                                                       inches)   inches)
------------------------------------------------------------------------
30 deg.35'..........................................    6\1/2\        11
32 deg.08'..........................................    6\3/4\   10\3/4\
33 deg.41'..........................................         7   10\1/2\
35 deg.16'..........................................    7\1/4\   10\1/4\
36 deg.52'..........................................    7\1/2\        10
38 deg.29'..........................................    7\3/4\    9\3/4\
40 deg.08'..........................................         8    9\1/2\
41 deg.44'..........................................    8\1/4\    9\1/4\
43 deg.22'..........................................    8\1/2\         9
45 deg.00'..........................................    8\3/4\    8\3/4\
46 deg.38'..........................................         9    8\1/2\
48 deg.16'..........................................    9\1/4\    8\1/4\
49 deg.54'..........................................    9\1/2\         8
------------------------------------------------------------------------

    (f) Stair treads. All treads shall be reasonably slip-resistant and 
the nosings shall be of nonslip finish. Welded bar grating treads 
without nosings are acceptable providing the leading edge can be readily 
identified by personnel descending the stairway and provided the tread 
is serrated or is of definite nonslip design. Rise height and tread 
width shall be uniform throughout any flight of stairs including any 
foundation

[[Page 125]]

structure used as one or more treads of the stairs.
    (g) Stairway platforms. Stairway platforms shall be no less than the 
width of a stairway and a minimum of 30 inches in length measured in the 
direction of travel.
    (h) Railings and handrails. Standard railings shall be provided on 
the open sides of all exposed stairways and stair platforms. Handrails 
shall be provided on at least one side of closed stairways preferably on 
the right side descending. Stair railings and handrails shall be 
installed in accordance with the provisions of Sec. 1910.23.
    (i) Vertical clearance. Vertical clearance above any stair tread to 
an overhead obstruction shall be at least 7 feet measured from the 
leading edge of the tread.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49744, Oct. 24, 1978; 
49 FR 5321, Feb. 10, 1984]



Sec. 1910.25  Portable wood ladders.

    (a) Application of requirements. This section is intended to 
prescribe rules and establish minimum requirements for the construction, 
care, and use of the common types of portable wood ladders, in order to 
insure safety under normal conditions of usage. Other types of special 
ladders, fruitpicker's ladders, combination step and extension ladders, 
stockroom step ladders, aisle-way step ladders, shelf ladders, and 
library ladders are not specifically covered by this section.
    (b) Materials--(1) Requirements applicable to all wood parts. (i) 
All wood parts shall be free from sharp edges and splinters; sound and 
free from accepted visual inspection from shake, wane, compression 
failures, decay, or other irregularities. Low density wood shall not be 
used.
    (ii) [Reserved]
    (2) [Reserved]
    (c) Construction requirements.
    (1) [Reserved]
    (2) Portable stepladders. Stepladders longer than 20 feet shall not 
be supplied. Stepladders as hereinafter specified shall be of three 
types:

    Type I--Industrial stepladder, 3 to 20 feet for heavy duty, such as 
utilities, contractors, and industrial use.
    Type II--Commercial stepladder, 3 to 12 feet for medium duty, such 
as painters, offices, and light industrial use.
    Type III--Household stepladder, 3 to 6 feet for light duty, such as 
light household use.

    (i) General requirements.
    (a) [Reserved]
    (b) A uniform step spacing shall be employed which shall be not more 
than 12 inches. Steps shall be parallel and level when the ladder is in 
position for use.
    (c) The minimum width between side rails at the top, inside to 
inside, shall be not less than 11\1/2\ inches. From top to bottom, the 
side rails shall spread at least 1 inch for each foot of length of 
stepladder.
    (d)-(e) [Reserved]
    (f) A metal spreader or locking device of sufficient size and 
strength to securely hold the front and back sections in open positions 
shall be a component of each stepladder. The spreader shall have all 
sharp points covered or removed to protect the user. For Type III 
ladder, the pail shelf and spreader may be combined in one unit (the so-
called shelf-lock ladder).
    (3) Portable rung ladders.
    (i) [Reserved]
    (ii) Single ladder. (a) Single ladders longer than 30 feet shall not 
be supplied.
    (b) [Reserved]
    (iii) Two-section ladder. (a) Two-section extension ladders longer 
than 60 feet shall not be supplied. All ladders of this type shall 
consist of two sections, one to fit within the side rails of the other, 
and arranged in such a manner that the upper section can be raised and 
lowered.
    (b) [Reserved]
    (iv) Sectional ladder. (a) Assembled combinations of sectional 
ladders longer than lengths specified in this subdivision shall not be 
used.
    (b) [Reserved]
    (v) Trestle and extension trestle ladder. (a) Trestle ladders, or 
extension sections or base sections of extension trestle ladders longer 
than 20 feet shall not be supplied.
    (b) [Reserved]
    (4) Special-purpose ladders.
    (i) [Reserved]

[[Page 126]]

    (ii) Painter's stepladder. (a) Painter's stepladders longer than 12 
feet shall not be supplied.
    (b) [Reserved]
    (iii) Mason's ladder. A mason's ladder is a special type of single 
ladder intended for use in heavy construction work.
    (a) Mason's ladders longer than 40 feet shall not be supplied.
    (b) [Reserved]
    (5) Trolley and side-rolling ladders--(i) Length. Trolley ladders 
and side-rolling ladders longer than 20 feet should not be supplied.
    (ii) [Reserved]
    (d) Care and use of ladders--(1) Care. To insure safety and 
serviceability the following precautions on the care of ladders shall be 
observed:
    (i) Ladders shall be maintained in good condition at all times, the 
joint between the steps and side rails shall be tight, all hardware and 
fittings securely attached, and the movable parts shall operate freely 
without binding or undue play.
    (ii) Metal bearings of locks, wheels, pulleys, etc., shall be 
frequently lubricated.
    (iii) Frayed or badly worn rope shall be replaced.
    (iv) Safety feet and other auxiliary equipment shall be kept in good 
condition to insure proper performance.
    (v)-(ix) [Reserved]
    (x) Ladders shall be inspected frequently and those which have 
developed defects shall be withdrawn from service for repair or 
destruction and tagged or marked as ``Dangerous, Do Not Use.''
    (xi) Rungs should be kept free of grease and oil.
    (2) Use. The following safety precautions shall be observed in 
connection with the use of ladders:
    (i) Portable rung and cleat ladders shall, where possible, be used 
at such a pitch that the horizontal distance from the top support to the 
foot of the ladder is one-quarter of the working length of the ladder 
(the length along the ladder between the foot and the top support). The 
ladder shall be so placed as to prevent slipping, or it shall be lashed, 
or held in position. Ladders shall not be used in a horizontal position 
as platforms, runways, or scaffolds;
    (ii) Ladders for which dimensions are specified should not be used 
by more than one man at a time nor with ladder jacks and scaffold planks 
where use by more than one man is anticipated. In such cases, specially 
designed ladders with larger dimensions of the parts should be procured;
    (iii) Portable ladders shall be so placed that the side rails have a 
secure footing. The top rest for portable rung and cleat ladders shall 
be reasonably rigid and shall have ample strength to support the applied 
load;
    (iv) Ladders shall not be placed in front of doors opening toward 
the ladder unless the door is blocked upon, locked, or guarded;
    (v) Ladders shall not be placed on boxes, barrels, or other unstable 
bases to obtain additional height;
    (vi)-(vii) [Reserved]
    (viii) Ladders with broken or missing steps, rungs, or cleats, 
broken side rails, or other faulty equipment shall not be used; 
improvised repairs shall not be made;
    (ix) Short ladders shall not be spliced together to provide long 
sections;
    (x) Ladders made by fastening cleats across a single rail shall not 
be used;
    (xi) Ladders shall not be used as guys, braces, or skids, or for 
other than their intended purposes;
    (xii) Tops of the ordinary types of stepladders shall not be used as 
steps;
    (xiii) On two-section extension ladders the minimum overlap for the 
two sections in use shall be as follows:

------------------------------------------------------------------------
                                                                Overlap
                    Size of ladder (feet)                       (feet)
------------------------------------------------------------------------
Up to and including 36......................................           3
Over 36 up to and including 48..............................           4
Over 48 up to and including 60..............................           5
------------------------------------------------------------------------

    (xiv) Portable rung ladders with reinforced rails (see paragraphs 
(c)(3) (ii)(c) and (iii)(d) this section) shall be used only with the 
metal reinforcement on the under side;
    (xv) No ladder should be used to gain access to a roof unless the 
top of the ladder shall extend at least 3 feet above the point of 
support, at eave, gutter, or roofline;
    (xvi) [Reserved]

[[Page 127]]

    (xvii) Middle and top sections of sectional or window cleaner's 
ladders should not be used for bottom section unless the user equips 
them with safety shoes;
    (xviii) [Reserved]
    (xix) The user should equip all portable rung ladders with nonslip 
bases when there is a hazard of slipping. Nonslip bases are not intended 
as a substitute for care in safely placing, lashing, or holding a ladder 
that is being used upon oily, metal, concrete, or slippery surfaces;
    (xx) The bracing on the back legs of step ladders is designed solely 
for increasing stability and not for climbing.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49744, Oct. 24, 1978; 
49 FR 5321, Feb. 10, 1984]



Sec. 1910.26  Portable metal ladders.

    (a) Requirements--(1) General. Specific design and construction 
requirements are not part of this section because of the wide variety of 
metals and design possibilities. However, the design shall be such as to 
produce a ladder without structural defects or accident hazards such as 
sharp edges, burrs, etc. The metal selected shall be of sufficient 
strength to meet the test requirements, and shall be protected against 
corrosion unless inherently corrosion-resistant.
    (i)-(ii) [Reserved]
    (iii) The spacing of rungs or steps shall be on 12-inch centers.
    (iv) [Reserved]
    (v) Rungs and steps shall be corrugated, knurled, dimpled, coated 
with skid-resistant material, or otherwise treated to minimize the 
possibility of slipping.
    (2) General specifications--straight and extension ladders. (i) The 
minimum width between side rails of a straight ladder or any section of 
an extension ladder shall be 12 inches.
    (ii) The length of single ladders or individual sections of ladders 
shall not exceed 30 feet. Two-section ladders shall not exceed 48 feet 
in length and over two-section ladders shall not exceed 60 feet in 
length.
    (iii) Based on the nominal length of the ladder, each section of a 
multisection ladder shall overlap the adjacent section by at least the 
number of feet stated in the following:

------------------------------------------------------------------------
                                                                Overlap
               Normal length of ladder (feet)                   (feet)
------------------------------------------------------------------------
Up to and including 36......................................           3
Over 36, up to and including 48.............................           4
Over 48, up to 60...........................................           5
------------------------------------------------------------------------

    (iv) Extension ladders shall be equipped with positive stops which 
will insure the overlap specified in the table above.
    (3) General specifications--step ladders.
    (i)-(ii) [Reserved]
    (iii) The length of a stepladder is measured by the length of the 
front rail. To be classified as a standard length ladder, the measured 
length shall be within plus or minus one-half inch of the specified 
length. Stepladders shall not exceed 20 feet in length.
    (iv)-(vi) [Reserved]
    (vii) The bottoms of the four rails are to be supplied with 
insulating nonslip material for the safety of the user.
    (viii) A metal spreader or locking device of sufficient size and 
strength to securely hold the front and back sections in the open 
position shall be a component of each stepladder. The spreader shall 
have all sharp points or edges covered or removed to protect the user.
    (4) General specifications--trestles and extension trestle ladders. 
(i) Trestle ladders or extension sections or base sections of extension 
trestle ladders shall be not more than 20 feet in length.
    (ii) [Reserved]
    (5) General specifications--platform ladders. (i) The length of a 
platform ladder shall not exceed 20 feet. The length of a platform 
ladder shall be measured along the front rail from the floor to the 
platform.
    (ii) [Reserved]
    (b) [Reserved]
    (c) Care and maintenance of ladders--(1) General. To get maximum 
serviceability, safety, and to eliminate unnecessary damage of 
equipment, good safe practices in the use and care of ladder equipment 
must be employed by the users.
    The following rules and regulations are essential to the life of the 
equipment and the safety of the user.
    (2) Care of ladders.

[[Page 128]]

    (i)-(iii) [Reserved]
    (iv) Ladders must be maintained in good usable condition at all 
times.
    (v) [Reserved]
    (vi) If a ladder is involved in any of the following, immediate 
inspection is necessary:
    (a) If ladders tip over, inspect ladder for side rails dents or 
bends, or excessively dented rungs; check all rung-to- side-rail 
connections; check hardware connections; check rivets for shear.
    (b)-(c) [Reserved]
    (d) If ladders are exposed to oil and grease, equipment should be 
cleaned of oil, grease, or slippery materials. This can easily be done 
with a solvent or steam cleaning.
    (vii) Ladders having defects are to be marked and taken out of 
service until repaired by either maintenance department or the 
manufacturer.
    (3) Use of ladders. (i). A simple rule for setting up a ladder at 
the proper angle is to place the base a distance from the vertical wall 
equal to one-fourth the working length of the ladder.
    (ii) Portable ladders are designed as a one-man working ladder based 
on a 200-pound load.
    (iii) The ladder base section must be placed with a secure footing.
    (iv) The top of the ladder must be placed with the two rails 
supported, unless equipped with a single support attachment.
    (v) When ascending or descending, the climber must face the ladder.
    (vi) Ladders must not be tied or fastened together to provide longer 
sections. They must be equipped with the hardware fittings necessary if 
the manufacturer endorses extended uses.
    (vii) Ladders should not be used as a brace, skid, guy or gin pole, 
gangway, or for other uses than that for which they were intended, 
unless specifically recommended for use by the manufacturer.
    (viii) See Sec. 1910.333(c) for work practices to be used when work 
is performed on or near electric circuits.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49745, Oct. 24, 1978; 
49 FR 5321, Feb. 10, 1984; 55 FR 32014, Aug. 6, 1990]



Sec. 1910.27  Fixed ladders.

    (a) Design requirements--(1) Design considerations. All ladders, 
appurtenances, and fastenings shall be designed to meet the following 
load requirements:
    (i) The minimum design live load shall be a single concentrated load 
of 200 pounds.
    (ii) The number and position of additional concentrated live-load 
units of 200 pounds each as determined from anticipated usage of the 
ladder shall be considered in the design.
    (iii) The live loads imposed by persons occupying the ladder shall 
be considered to be concentrated at such points as will cause the 
maximum stress in the structural member being considered.
    (iv) The weight of the ladder and attached appurtenances together 
with the live load shall be considered in the design of rails and 
fastenings.
    (2) Design stresses. Design stresses for wood components of ladders 
shall not exceed those specified in Sec. 1910.25. All wood parts of 
fixed ladders shall meet the requirements of Sec. 1910.25(b).

For fixed ladders consisting of wood side rails and wood rungs or 
cleats, used at a pitch in the range 75 degrees to 90 degrees, and 
intended for use by no more than one person per section, single ladders 
as described in Sec. 1910.25(c)(3)(ii) are acceptable.
    (b) Specific features--(1) Rungs and cleats. (i) All rungs shall 
have a minimum diameter of three-fourths inch for metal ladders, except 
as covered in paragraph (b)(7)(i) of this section and a minimum diameter 
of 1\1/8\ inches for wood ladders.
    (ii) The distance between rungs, cleats, and steps shall not exceed 
12 inches and shall be uniform throughout the length of the ladder.
    (iii) The minimum clear length of rungs or cleats shall be 16 
inches.
    (iv) Rungs, cleats, and steps shall be free of splinters, sharp 
edges, burrs, or projections which may be a hazard.
    (v) The rungs of an individual-rung ladder shall be so designed that 
the foot cannot slide off the end. A suggested design is shown in figure 
D-1.

[[Page 129]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.001

   Figure D-1.--Suggested design for rungs on individual-rung ladders.
    (2) Side rails. Side rails which might be used as a climbing aid 
shall be of such cross sections as to afford adequate gripping surface 
without sharp edges, splinters, or burrs.
    (3) Fastenings. Fastenings shall be an integral part of fixed ladder 
design.
    (4) Splices. All splices made by whatever means shall meet design 
requirements as noted in paragraph (a) of this section. All splices and 
connections shall have smooth transition with original members and with 
no sharp or extensive projections.
    (5) Electrolytic action. Adequate means shall be employed to protect 
dissimilar metals from electrolytic action when such metals are joined.
    (6) Welding. All welding shall be in accordance with the ``Code for 
Welding in Building Construction'' (AWSD1.0-1966).
    (7) Protection from deterioration. (i) Metal ladders and 
appurtenances shall be painted or otherwise treated to resist corrosion 
and rusting when location demands. Ladders formed by individual metal 
rungs imbedded in concrete, which serve as access to pits and to other 
areas under floors, are frequently located in an atmosphere that causes 
corrosion and rusting. To increase rung life in such atmosphere, 
individual metal rungs shall have a minimum diameter of 1 inch or shall 
be painted or otherwise treated to resist corrosion and rusting.
    (ii) Wood ladders, when used under conditions where decay may occur, 
shall be treated with a nonirritating preservative, and the details 
shall be such as to prevent or minimize the accumulation of water on 
wood parts.
    (iii) When different types of materials are used in the construction 
of a ladder, the materials used shall be so treated as to have no 
deleterious effect one upon the other.
[GRAPHIC] [TIFF OMITTED] TC27OC91.002

   Figure D-2.--Rail Ladder With Bar Steel Rails and Round Steel Rungs
    (c) Clearance--(1) Climbing side. On fixed ladders, the 
perpendicular distance from the centerline of the rungs to the nearest 
permanent object on the climbing side of the ladder shall be 36 inches 
for a pitch of 76 degrees, and 30 inches for a pitch of 90 degrees (fig. 
D-2 of this section), with minimum clearances for intermediate pitches 
varying between these two limits in proportion to the slope, except as 
provided in subparagraphs (3) and (5) of this paragraph.
    (2) Ladders without cages or wells. A clear width of at least 15 
inches shall be provided each way from the centerline of the ladder in 
the climbing space, except when cages or wells are necessary.
    (3) Ladders with cages or baskets. Ladders equipped with cage or 
basket are

[[Page 130]]

excepted from the provisions of subparagraphs (1) and (2) of this 
paragraph, but shall conform to the provisions of paragraph (d)(1)(v) of 
this section. Fixed ladders in smooth-walled wells are excepted from the 
provisions of subparagraph (1) of this paragraph, but shall conform to 
the provisions of paragraph (d)(1)(vi) of this section.
    (4) Clearance in back of ladder. The distance from the centerline of 
rungs, cleats, or steps to the nearest permanent object in back of the 
ladder shall be not less than 7 inches, except that when unavoidable 
obstructions are encountered, minimum clearances as shown in figure D-3 
shall be provided.
                        Minimum Ladder Clearances
[GRAPHIC] [TIFF OMITTED] TC27OC91.003

  Figure D-3.--Clearance for Unavoidable Obstruction at Rear of Fixed 
                                 Ladder
    (5) Clearance in back of grab bar. The distance from the centerline 
of the grab bar to the nearest permanent object in back of the grab bars 
shall be not less than 4 inches. Grab bars shall not protrude on the 
climbing side beyond the rungs of the ladder which they serve.
    (6) Step-across distance. The step-across distance from the nearest 
edge of ladder to the nearest edge of equipment or structure shall be 
not more than 12 inches, or less than 2\1/2\ inches (fig. D-4).
[GRAPHIC] [TIFF OMITTED] TC27OC91.004

                    Figure D-4.--Ladder Far from Wall
    (7) Hatch cover. Counterweighted hatch covers shall open a minimum 
of 60 degrees from the horizontal. The distance from the centerline of 
rungs or cleats to the edge of the hatch opening on the climbing side 
shall be not less than 24 inches for offset wells or 30 inches for 
straight wells. There shall be not protruding potential hazards within 
24 inches of the centerline of rungs or cleats; any such hazards within 
30 inches of the centerline of the rungs or cleats shall be fitted with 
deflector plates placed at an angle of 60 degrees from the horizontal as 
indicated in figure D-5. The relationship of a fixed ladder to an 
acceptable counterweighted hatch cover is illustrated in figure D-6.
    (d) Special requirements--(1) Cages or wells. (i) Cages or wells 
(except on chimney ladders) shall be built, as shown on the applicable 
drawings, covered in detail in figures D-7, D-8, and D-9, or of 
equivalent construction.
    (ii) Cages or wells (except as provided in subparagraph (5) of this 
paragraph) conforming to the dimensions shown in figures D-7, D-8, and 
D-9 shall be provided on ladders of more than 20 feet to a maximum 
unbroken length of 30 feet.

[[Page 131]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.005

             Figure D-5.--Deflector Plates for Head Hazards
[GRAPHIC] [TIFF OMITTED] TC27OC91.006

    Figure D-6.--Relationship of Fixed Ladder to a Safe Access Hatch
    (iii) Cages shall extend a minimum of 42 inches above the top of 
landing, unless other acceptable protection is provided.
    (iv) Cages shall extend down the ladder to a point not less than 7 
feet nor more than 8 feet above the base of the ladder, with bottom 
flared not less than 4 inches, or portion of cage opposite ladder shall 
be carried to the base.
    (v) Cages shall not extend less than 27 nor more than 28 inches from 
the centerline of the rungs of the ladder. Cage shall not be less than 
27 inches in width. The inside shall be clear of projections. Vertical 
bars shall be located at a maximum spacing of 40 degrees around the 
circumference of the cage; this will give a maximum spacing of 
approximately 9\1/2\ inches, center to center.
    (vi) Ladder wells shall have a clear width of at least 15 inches 
measured each way from the centerline of the ladder. Smooth-walled wells 
shall be a minimum of 27 inches from the centerline of rungs to the well 
wall on the climbing side of the ladder. Where other obstructions on the 
climbing side of the ladder exist, there shall be a minimum of 30 inches 
from the centerline of the rungs.
[GRAPHIC] [TIFF OMITTED] TC27OC91.007

          Figure D-7.--Cages for Ladders More Than 20 Feet High

[[Page 132]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.008

         Figure D-8.--Clearance Diagram for Fixed Ladder in Well

[[Page 133]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.009

                Figure D-9.--Cages--Special applications.
    (2) Landing platforms. When ladders are used to ascend to heights 
exceeding 20 feet (except on chimneys), landing platforms shall be 
provided for each 30 feet of height or fraction thereof, except that, 
where no cage, well, or ladder safety device is provided, landing 
platforms shall be provided for each 20 feet of height or fraction 
thereof. Each ladder section shall be offset from adjacent sections. 
Where installation conditions (even for a short, unbroken length) 
require that adjacent sections be offset, landing platforms shall be 
provided at each offset.
    (i) Where a man has to step a distance greater than 12 inches from 
the centerline of the rung of a ladder to the nearest edge of structure 
or equipment, a landing platform shall be provided. The minimum step-
across distance shall be 2\1/2\ inches.
    (ii) All landing platforms shall be equipped with standard railings 
and toeboards, so arranged as to give safe access to the ladder. 
Platforms shall be not less than 24 inches in width and 30 inches in 
length.
    (iii) One rung of any section of ladder shall be located at the 
level of the landing laterally served by the ladder. Where access to the 
landing is through the ladder, the same rung spacing as used on the 
ladder shall be used from the landing platform to the first rung below 
the landing.
    (3) Ladder extensions. The side rails of through or side-step ladder 
extensions shall extend 3\1/2\ feet above parapets and landings. For 
through ladder extensions, the rungs shall be omitted from the extension 
and shall have not less than 18 nor more than 24 inches clearance 
between rails. For side-step or offset fixed ladder sections, at 
landings, the side rails and rungs shall be carried to the next regular 
rung beyond or above the 3\1/2\ feet minimum (fig. D-10).
[GRAPHIC] [TIFF OMITTED] TC27OC91.010

               Figure D-10.--Offset Fixed Ladder Sections
    (4) Grab bars. Grab bars shall be spaced by a continuation of the 
rung spacing when they are located in the horizontal position. Vertical 
grab bars shall have the same spacing as the ladder side rails. Grab-bar 
diameters shall be the equivalent of the round-rung diameters.
    (5) Ladder safety devices. Ladder safety devices may be used on 
tower, water tank, and chimney ladders over 20 feet in unbroken length 
in lieu of cage protection. No landing platform is required in these 
cases. All ladder safety devices such as those that incorporate 
lifebelts, friction brakes, and sliding

[[Page 134]]

attachments shall meet the design requirements of the ladders which they 
serve.
    (e) Pitch--(1) Preferred pitch. The preferred pitch of fixed ladders 
shall be considered to come in the range of 75 degrees and 90 degrees 
with the horizontal (fig. D-11).
[GRAPHIC] [TIFF OMITTED] TC27OC91.011

                  Figure D-11.--Pitch of Fixed Ladders
    (2) Substandard pitch. Fixed ladders shall be considered as 
substandard if they are installed within the substandard pitch range of 
60 and 75 degrees with the horizontal. Substandard fixed ladders are 
permitted only where it is found necessary to meet conditions of 
installation. This substandard pitch range shall be considered as a 
critical range to be avoided, if possible.
    (3) Scope of coverage in this section. This section covers only 
fixed ladders within the pitch range of 60 degrees and 90 degrees with 
the horizontal.
    (4) Pitch greater than 90 degrees. Ladders having a pitch in excess 
of 90 degrees with the horizontal are prohibited.
    (f) Maintenance. All ladders shall be maintained in a safe 
condition. All ladders shall be inspected regularly, with the intervals 
between inspections being determined by use and exposure.



Sec. 1910.28  Safety requirements for scaffolding.

    (a) General requirements for all scaffolds. (1) Scaffolds shall be 
furnished and erected in accordance with this standard for persons 
engaged in work that cannot be done safely from the ground or from solid 
construction, except that ladders used for such work shall conform to 
Sec. 1910.25 and Sec. 1910.26.
    (2) The footing or anchorage for scaffolds shall be sound, rigid, 
and capable of carrying the maximum intended load without settling or 
displacement. Unstable objects such as barrels, boxes, loose brick, or 
concrete blocks shall not be used to support scaffolds or planks.
    (3) [Reserved]
    (4) Scaffolds and their components shall be capable of supporting 
without failure at least four times the maximum intended load.
    (5) Scaffolds and other devices mentioned or described in this 
section shall be maintained in safe condition. Scaffolds shall not be 
altered or moved horizontally while they are in use or occupied.
    (6) Any scaffold damaged or weakened from any cause shall be 
immediately repaired and shall not be used until repairs have been 
completed.
    (7) Scaffolds shall not be loaded in excess of the working load for 
which they are intended.
    (8) All load-carrying timber members of scaffold framing shall be a 
minimum of 1,500 f. (Stress Grade) construction grade lumber. All 
dimensions are nominal sizes as provided in the American Lumber 
Standards, except that where rough sizes are noted, only rough or 
undressed lumber of the size specified will satisfy minimum 
requirements. (Note: Where nominal sizes of lumber are used in place of 
rough sizes, the nominal size lumber shall be such as to provide 
equivalent strength to that specified in tables D-7 through D-12 and D-
16.)
    (9) All planking shall be Scaffold Grade as recognized by grading 
rules for the species of wood used. The maximum permissible spans for 2- 
 x  9-inch or wider planks are shown in the following table:

[[Page 135]]



------------------------------------------------------------------------
                                                 Material
                                 ---------------------------------------
                                      Full thickness          Nominal
                                     undressed lumber        thickness
                                 ------------------------     lumber
                                                         ---------------
 
------------------------------------------------------------------------
Working load (p.s.f.)...........      25      50      75      25      50
Permissible span (ft.)..........      10       8       6       8       9
------------------------------------------------------------------------


The maximum permissible span for 1\1/4\ x 9-inch or wider plank of full 
thickness is 4 feet with medium loading of 50 p.s.f.
    (10) Nails or bolts used in the construction of scaffolds shall be 
of adequate size and in sufficient numbers at each connection to develop 
the designed strength of the scaffold. Nails shall not be subjected to a 
straight pull and shall be driven full length.
    (11) All planking or platforms shall be overlapped (minimum 12 
inches) or secured from movement.
    (12) An access ladder or equivalent safe access shall be provided.
    (13) Scaffold planks shall extend over their end supports not less 
than 6 inches nor more than 18 inches.
    (14) The poles, legs, or uprights of scaffolds shall be plumb, and 
securely and rigidly braced to prevent swaying and displacement.
    (15) Materials being hoisted onto a scaffold shall have a tag line.
    (16) Overhead protection shall be provided for men on a scaffold 
exposed to overhead hazards.
    (17) Scaffolds shall be provided with a screen between the toeboard 
and the guardrail, extending along the entire opening, consisting of No. 
18 gauge U.S. Standard Wire one-half-inch mesh or the equivalent, where 
persons are required to work or pass under the scaffolds.
    (18) Employees shall not work on scaffolds during storms or high 
winds.
    (19) Employees shall not work on scaffolds which are covered with 
ice or snow, unless all ice or snow is removed and planking sanded to 
prevent slipping.
    (20) Tools, materials, and debris shall not be allowed to accumulate 
in quantities to cause a hazard.
    (21) Only treated or protected fiber rope shall be used for or near 
any work involving the use of corrosive substances or chemicals.
    (22) Wire or fiber rope used for scaffold suspension shall be 
capable of supporting at least six times the intended load.
    (23) When acid solutions are used for cleaning buildings over 50 
feet in height, wire rope supported scaffolds shall be used.
    (24) The use of shore scaffolds or lean-to scaffolds is prohibited.
    (25) Lumber sizes, when used in this section, refer to nominal sizes 
except where otherwise stated.
    (26) Scaffolds shall be secured to permanent structures, through use 
of anchor bolts, reveal bolts, or other equivalent means. Window 
cleaners' anchor bolts shall not be used.
    (27) Special precautions shall be taken to protect scaffold members, 
including any wire or fiber ropes, when using a heat-producing process.
    (b) General requirements for wood pole scaffolds. (1) Scaffold poles 
shall bear on a foundation of sufficient size and strength to spread the 
load from the poles over a sufficient area to prevent settlement. All 
poles shall be set plumb.
    (2) Where wood poles are spliced, the ends shall be squared and the 
upper section shall rest squarely on the lower section. Wood splice 
plates shall be provided on at least two adjacent sides and shall not be 
less than 4 feet 0 inches in length, overlapping the abutted ends 
equally, and have the same width and not less than the cross-sectional 
area of the pole. Splice plates of other materials of equivalent 
strength may be used.
    (3) Independent pole scaffolds shall be set as near to the wall of 
the building as practicable.
    (4) All pole scaffolds shall be securely guyed or tied to the 
building or structure. Where the height or length exceeds 25 feet, the 
scaffold shall be secured at intervals not greater than 25 feet 
vertically and horizontally.
    (5) Putlogs or bearers shall be set with their greater dimensions 
vertical, long enough to project over the ledgers of the inner and outer 
rows of poles at least 3 inches for proper support.
    (6) Every wooden putlog on single pole scaffolds shall be reinforced 
with a

[[Page 136]]

\3/16\ x 2-inch steel strip or equivalent secured to its lower edge 
throughout its entire length.
    (7) Ledgers shall be long enough to extend over two pole spaces. 
Ledgers shall not be spliced between the poles. Ledgers shall be 
reinforced by bearing blocks securely nailed to the side of the pole to 
form a support for the ledger.
    (8) Diagonal bracing shall be provided to prevent the poles from 
moving in a direction parallel with the wall of the building, or from 
buckling.
    (9) Cross bracing shall be provided between the inner and outer sets 
of poles in independent pole scaffolds. The free ends of pole scaffolds 
shall be cross braced.
    (10) Full diagonal face bracing shall be erected across the entire 
face of pole scaffolds in both directions. The braces shall be spliced 
at the poles.
    (11) Platform planks shall be laid with their edges close together 
so the platform will be tight with no spaces through which tools or 
fragments of material can fall.
    (12) Where planking is lapped, each plank shall lap its end supports 
at least 12 inches. Where the ends of planks abut each other to form a 
flush floor, the butt joint shall be at the centerline of a pole. The 
abutted ends shall rest on separate bearers. Intermediate beams shall be 
provided where necessary to prevent dislodgment of planks due to 
deflection, and the ends shall be nailed or cleated to prevent their 
dislodgment.
    (13) When a scaffold turns a corner, the platform planks shall be 
laid to prevent tipping. The planks that meet the corner putlog at an 
angle shall be laid first, extending over the diagonally placed putlog 
far enough to have a good safe bearing, but not far enough to involve 
any danger from tipping. The planking running in the opposite direction 
at right angles shall be laid so as to extend over and rest on the first 
layer of planking.
    (14) When moving platforms to the next level, the old platform shall 
be left undisturbed until the new putlogs or bearers have been set in 
place, ready to receive the platform planks.
    (15) Guardrails not less than 2  x  4 inches or the equivalent and 
not less than 36 inches or more than 42 inches high, with a mid-rail, 
when required, of 1  x  4-inch lumber or equivalent, and toeboards, 
shall be installed at all open sides on all scaffolds more than 10 feet 
above the ground or floor. Toeboards shall be a minimum of 4 inches in 
height. Wire mesh shall be installed in accordance with paragraph 
(a)(17) of this section.
    (16) All wood pole scaffolds 60 feet or less in height shall be 
constructed and erected in accordance with tables D-7 through D-12 of 
this section. If they are over 60 feet in height they shall be designed 
by a registered professional engineer and constructed and erected in 
accordance with such design. A copy of the typical drawings and 
specifications shall be made available to the employer and for 
inspection purposes.
    (17) Wood-pole scaffolds shall not be erected beyond the reach of 
effective firefighting apparatus.

Table D-7--Minimum Nominal Size and Maximum Spacing of Members of Single
                       Pole Scaffolds--Light Duty
------------------------------------------------------------------------
                                        Maximum height of scaffold
                                ----------------------------------------
                                       20 feet              60 feet
------------------------------------------------------------------------
Uniformly distributed load.....  Not to exceed 25
                                  pounds per square
                                  foot..
Poles or uprights..............  2 by 4 in..........  4 by 4 in.
Pole spacing (longitudinal)....  6 ft. 0 in.........  10 ft. 0 in.
Maximum width of scaffold......  5 ft. 0 in.........  5 ft. 0 in.
Bearers or putlogs to 3 ft. 0    2 by 4 in..........  2 by 4 in.
 in. width.
Bearers or putlogs to 5 ft. 0    2 by 6 in. or 3 by   2 by 6 in. or 3 by
 in. width.                       4 in.                4 in.(rough).
Ledgers........................  1 by 4 in..........  1\1/4\ by 9 in.
Planking.......................  1\1/4\ by 9 in.      2 by 9 in.
                                  (rough).
Vertical spacing of horizontal   7 ft. 0 in.........  7 ft. 0 in.
 members.
Bracing, horizontal and          1 by 4 in..........  1 by 4 in.
 diagonal.
Tie-ins........................  1 by 4 in..........  1 by 4 in.
Toeboards......................  4 in. high           4 in. high
                                  (minimum).           (minimum).

[[Page 137]]

 
Guardrail......................  2 by 4 in..........  2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.


Table D-8--Minimum Nominal Size and Maximum Spacing of Members of Single
                       Pole Scaffolds--Medium Duty
Uniformly distributed load................  Not to exceed 50 pounds per
                                             square foot.
Maximum height of scaffold................  60 ft.
Poles or uprights.........................  4 by 4 in.
Pole spacing (longitudinal)...............  8 ft. 0 in.
Maximum width of scaffold.................  5 ft. 0 in.
Bearers or putlogs........................  2 by 9 in. or 3 by 4 in.
Spacing of bearers or putlogs.............  8 ft. 0 in.
Ledgers...................................  2 by 9 in.
Vertical spacing of horizontal members....  9 ft. 0 in.
Bracing, horizontal.......................  1 by 6 in. or 1\1/4\ by 4
                                             in.
Bracing, diagonal.........................  1 by 4 in.
Tie-ins...................................  1 by 4 in.
Planking..................................  2 by 9 in.
Toeboards.................................  4 in. high (minimum).
Guardrail.................................  2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.


Table D-9--Minimum Nominal Size and Maximum Spacing of Members of Single
                       Pole Scaffolds--Heavy Duty
Uniformly distributed load................  Not to exceed 75 pounds per
                                             square foot.
Maximum height of scaffold................  60 ft.
Poles or uprights.........................  4 by 4 in.
Pole spacing (longitudinal)...............  6 ft. 0 in.
Maximum width of scaffold.................  5 ft. 0 in.
Bearers or putlogs........................  2 by 9 in. or 3 by 5 in.
                                             (rough).
Spacing of bearers or putlogs.............  6 ft. 0 in.
Ledgers...................................  2 by 9 in.
Vertical spacing of horizontal members....  6 ft. 6 in.
Bracing, horizontal and diagonal..........  2 by 4 in.
Tie-ins...................................  1 by 4 in.
Planking..................................  2 by 9 in.
Toeboards.................................  4 in. high (minimum).
Guardrail.................................  2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.


   Table D-10--Minimum Nominal Size and Maximum Spacing of Members of
                 Independent Pole Scaffolds--Light Duty
------------------------------------------------------------------------
                                        Maximum height of scaffold
                                ----------------------------------------
                                       20 feet              60 feet
------------------------------------------------------------------------
Uniformly distributed load.....  Not to exceed 25
                                  pounds per square
                                  foot..
Poles or uprights..............  2 by 4 in..........  4 by 4 in.
Pole spacing (longitudinal)....  6 ft. 0 in.........  10 ft. 0 in.
Pole spacing (transverse)......  6 ft. 0 in.........  10 ft. 0 in.
Ledgers........................  1\1/4\ by 4 in.....  1\1/4\ by 9 in.
Bearers to 3 ft. 0 in. span....  2 by 4 in..........  2 by 4 in.
Bearers to 10 ft. 0 in. span...  2 by 6 in. or 3 by   2 by 9 (rough) or
                                  4 in.                3 by 8 in.
Planking.......................  1\1/4\ by 9 in.....  2 by 9 in.
Vertical spacing of horizontal   7 ft. 0 in.........  7 ft. 0 in.
 members.
Bracing, horizontal and          1 by 4 in..........  1 by 4 in.
 diagonal.
Tie-ins........................  1 by 4 in..........  1 by 4 in.
Toeboards......................  4 in. high.........  4 in. high
                                                       (minimum).
Guardrail......................  2 by 4 in..........  2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.


   Table D-11--Minimum Nominal Size and Maximum Spacing of Members of
                 Independent Pole Scaffolds--Medium Duty
Uniformly distributed load................  Not to exceed 50 pounds per
                                             square foot.
Maximum height of scaffold................  60 ft.
Poles or uprights.........................  4 by 4 in.
Pole spacing (longitudinal)...............  8 ft. 0 in.
Pole spacing (transverse).................  8 ft. 0 in.
Ledgers...................................  2 by 9 in.
Vertical spacing of horizontal members....  6 ft. 0 in.
Spacing of bearers........................  8 ft. 0 in.
Bearers...................................  2 by 9 in. (rough) or 2 by
                                             10 in.
Bracing, horizontal.......................  1 by 6 in. or 1\1/4\ by 4
                                             in.
Bracing, diagonal.........................  1 by 4 in.
Tie-ins...................................  1 by 4 in.
Planking..................................  2 by 9 in.
Toeboards.................................  4 in. high (minimum).
Guardrail.................................  2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.


[[Page 138]]


   Table D-12--Minimum Nominal Size and Maximum Spacing of Members of
                 Independent Pole Scaffolds--Heavy Duty
Uniformly distributed load................  Not to exceed 75 pounds per
                                             square foot.
Maximum height of scaffold................  60 ft.
Poles or uprights.........................  4 by 4 in.
Pole spacing (longitudinal)...............  6 ft. 0 in.
Pole spacing (transverse).................  8 ft. 0 in.
Ledgers...................................  2 by 9 in.
Vertical spacing of horizontal members....  4 ft. 6 in.
Bearers...................................  2 by 9 in. (rough).
Bracing, horizontal and diagonal..........  2 by 4 in.
Tie-ins...................................  1 by 4 in.
Planking..................................  2 by 9 in.
Toeboards.................................  4 in. high (minimum).
Guardrail.................................  2 by 4 in.
------------------------------------------------------------------------
All members except planking are used on edge.


           Table D-13--Tube and Coupler Scaffolds--Light Duty
Uniformly distributed load................  Not to exceed 25 p.s.f.
post spacing (longitudinal)...............  10 ft. 0 in.
Post spacing (transverse).................  6 ft. 0 in.
------------------------------------------------------------------------


------------------------------------------------------------------------
                            Additional planked
     Working levels               levels              Maximum height
------------------------------------------------------------------------
                1                        8                 125 ft.
                2                        4                 125 ft.
                3                        0            91 ft. 0 in.
------------------------------------------------------------------------


           Table D-14--Tube and Coupler Scaffolds--Medium Duty
Uniformly distributed load................  Not to exceed 50 p.s.f.
Post spacing (longitudinal)...............  8 ft. 0 in.
Post spacing (transverse).................  6 ft. 0 in.
------------------------------------------------------------------------


------------------------------------------------------------------------
                            Additional planked
     Working levels               levels              Maximum height
------------------------------------------------------------------------
                1                        6                 125 ft.
                2                        0            78 ft. 0 in.
------------------------------------------------------------------------


           Table D-15--Tube and Coupler Scaffolds--Heavy Duty
Uniformly distributed load................  Not to exceed 75 p.s.f.
Post spacing (longitudinal)...............  6 ft. 6 in.
Post spacing (transverse).................  6 ft. 0 in.
------------------------------------------------------------------------


------------------------------------------------------------------------
                            Additional planked
     Working levels               levels              Maximum height
------------------------------------------------------------------------
                1                        6                 125 ft.
------------------------------------------------------------------------

    (c) Tube and coupler scaffolds. (1) A light-duty tube and coupler 
scaffold shall have all posts, bearers, runners, and bracing of nominal 
2-inch O.D. steel tubing. The posts shall be spaced no more than 6 feet 
apart by 10 feet along the length of the scaffold. Other structural 
metals when used must be designed to carry an equivalent load.
    (2) A medium-duty tube and coupler scaffold shall have all posts, 
runners, and bracing of nominal 2-inch O.D. steel tubing. Posts spaced 
not more than 6 feet apart by 8 feet along the length of the scaffold 
shall have bearers of nominal 2\1/2\-inch O.D. steel tubing. Posts 
spaced not more than 5 feet apart by 8 feet along the length of the 
scaffold shall have bearers of nominal 2-inch O.D. steel tubing. Other 
structural metals when used must be designed to carry an equivalent 
load.
    (3) A heavy-duty tube and coupler scaffold shall have all posts, 
runners, and bracing of nominal 2-inch O.D. steel tubing, with the posts 
spaced not more than 6 feet apart by 6 feet 6 inches along the length of 
the scaffold. Other structural metals when used must be designed to 
carry an equivalent load.
    (4) Tube and coupler scaffolds shall be limited in heights and 
working levels to those permitted in tables D-13, 14, and 15, of this 
section. Drawings and specifications of all tube and coupler scaffolds 
above the limitations in tables D-13, 14, and 15 of this section shall 
be designed by a registered professional engineer and copies made 
available to the employer and for inspection purposes.
    (5) All tube and coupler scaffolds shall be constructed and erected 
to support four times the maximum intended loads as set forth in tables 
D-13, 14, and 15 of this section, or as set forth in the specifications 
by a registered professional engineer, copies which shall be made 
available to the employer and for inspection purposes.
    (6) All tube and coupler scaffolds shall be erected by competent and 
experienced personnel.
    (7) Posts shall be accurately spaced, erected on suitable bases, and 
maintained plumb.
    (8) Runners shall be erected along the length of the scaffold 
located on both the inside and the outside posts at even height. Runners 
shall be interlocked to form continuous lengths and coupled to each 
post. The bottom runners shall be located as close to the base as 
possible. Runners shall be placed not more than 6 feet 6 inches on 
centers.

[[Page 139]]

    (9) Bearers shall be installed transversely between posts and shall 
be securely coupled to the posts bearing on the runner coupler. When 
coupled directly to the runners, the coupler must be kept as close to 
the posts as possible.
    (10) Bearers shall be at least 4 inches but not more than 12 inches 
longer than the post spacing or runner spacing. Bearers may be 
cantilevered for use as brackets to carry not more than two planks.
    (11) Cross bracing shall be installed across the width of the 
scaffold at least every third set of posts horizontally and every fourth 
runner vertically. Such bracing shall extend diagonally from the inner 
and outer runners upward to the next outer and inner runners.
    (12) Longitudinal diagonal bracing shall be installed at 
approximately a 45-degree angle from near the base of the first outer 
post upward to the extreme top of the scaffold. Where the longitudinal 
length of the scaffold permits, such bracing shall be duplicated 
beginning at every fifth post. In a similar manner, longitudinal 
diagonal bracing shall also be installed from the last post extending 
back and upward toward the first post. Where conditions preclude the 
attachment of this bracing to the posts, it may be attached to the 
runners.
    (13) The entire scaffold shall be tied to and securely braced 
against the building at intervals not to exceed 30 feet horizontally and 
26 feet vertically.
    (14) Guardrails not less than 2 x 4 inches or the equivalent and not 
less than 36 inches or more than 42 inches high, with a mid-rail, when 
required, of 1 x 4-inch lumber or equivalent, and toeboards, shall be 
installed at all open sides on all scaffolds more than 10 feet above the 
ground or floor. Toeboards shall be a minimum of 4 inches in height. 
Wire mesh shall be installed in accordance with paragraph (a)(17) of 
this section.
    (d) Tubular welded frame scaffolds. (1) Metal tubular frame 
scaffolds, including accessories such as braces, brackets, trusses, 
screw legs, ladders, etc., shall be designed and proved to safely 
support four times the maximum intended load.
    (2) Spacing of panels or frames shall be consistent with the loads 
imposed.
    (3) Scaffolds shall be properly braced by cross bracing or diagonal 
braces, or both, for securing vertical members together laterally, and 
the cross braces shall be of such length as will automatically square 
and aline vertical members so that the erected scaffold is always plumb, 
square, and rigid. All brace connections shall be made secure.
    (4) Scaffold legs shall be set on adjustable bases or plain bases 
placed on mud sills or other foundations adequate to support the maximum 
intended load.
    (5) The frames shall be placed one on top of the other with coupling 
or stacking pins to provide proper vertical alinement of the legs.
    (6) Where uplift may occur, panels shall be locked together 
vertically by pins or other equivalent suitable means.
    (7) Guardrails not less than 2  x  4 inches or the equivalent and 
not less than 36 inches or more than 42 inches high, with a mid-rail, 
when required, of 1-  x  4-inch lumber or equivalent, and toeboards, 
shall be installed at all open sides on all scaffolds more than 10 feet 
above the ground or floor. Toeboards shall be a minimum of 4 inches in 
height. Wire mesh shall be installed in accordance with paragraph 
(a)(17) of this section.
    (8) All tubular metal scaffolds shall be constructed and erected to 
support four times the maximum intended loads.
    (9) To prevent movement, the scaffold shall be secured to the 
building or structure at intervals not to exceed 30 feet horizontally 
and 26 feet vertically.
    (10) Maximum permissible spans of planking shall be in conformity 
with paragraph (a)(9) of this section.
    (11) Drawings and specifications for all frame scaffolds over 125 
feet in height above the base plates shall be designed by a registered 
professional engineer and copies made available to the employer and for 
inspection purposes.
    (12) All tubular welded frame scaffolds shall be erected by 
competent and experienced personnel.

[[Page 140]]

    (13) Frames and accessories for scaffolds shall be maintained in 
good repair and every defect, unsafe condition, or noncompliance with 
this section shall be immediately corrected before further use of the 
scaffold. Any broken, bent, excessively rusted, altered, or otherwise 
structurally damaged frames or accessories shall not be used.
    (14) Periodic inspections shall be made of all welded frames and 
accessories, and any maintenance, including painting, or minor 
corrections authorized by the manufacturer, shall be made before further 
use.
    (e) Outrigger scaffolds. (1) Outrigger beams shall extend not more 
than 6 feet beyond the face of the building. The inboard end of 
outrigger beams, measured from the fulcrum point to the extreme point of 
support, shall be not less than one and one-half times the outboard end 
in length. The beams shall rest on edge, the sides shall be plumb, and 
the edges shall be horizontal. The fulcrum point of the beam shall rest 
on a secure bearing at least 6 inches in each horizontal dimension. The 
beam shall be secured in place against movement and shall be securely 
braced at the fulcrum point against tipping.
    (2) The inboard ends of outrigger beams shall be securely supported 
either by means of struts bearing against sills in contact with the 
overhead beams or ceiling, or by means of tension members secured to the 
floor joists underfoot, or by both if necessary. The inboard ends of 
outrigger beams shall be secured against tipping and the entire 
supporting structure shall be securely braced in both directions to 
prevent any horizontal movement.
    (3) Unless outrigger scaffolds are designed by a licensed 
professional engineer, they shall be constructed and erected in 
accordance with table D-16. Outrigger scaffolds designed by a registered 
professional engineer shall be constructed and erected in accordance 
with such design. A copy of the detailed drawings and specifications 
showing the sizes and spacing of members shall be kept on the job.
    (4) Planking shall be laid tight and shall extend to within 3 inches 
of the building wall. Planking shall be nailed or bolted to outriggers.
    (5) Where there is danger of material falling from the scaffold, a 
wire mesh or other enclosure shall be provided between the guardrail and 
the toeboard.
    (6) Where additional working levels are required to be supported by 
the outrigger method, the plans and specifications of the outrigger and 
scaffolding structure shall be designed by a registered professional 
engineer.
    (f) Masons' adjustable multiple-point suspension scaffolds. (1) The 
scaffold shall be capable of sustaining a working load of 50 pounds per 
square foot and shall not be loaded in excess of that figure.
    (2) The scaffold shall be provided with hoisting machines that meet 
the requirements of a nationally recognized testing laboratory. Refer to 
Sec. 1910.7 for definition of nationally recognized testing laboratory.

   Table D-16--Minimum Nominal Size and Maximum Spacing of Members of
                           Outrigger Scaffolds
------------------------------------------------------------------------
                                      Light duty          Medium duty
------------------------------------------------------------------------
Maximum scaffold load...........  25 p.s.f..........  50 p.s.f.
Outrigger size..................  2 x 10 in.........  3 x 10 in.
Maximum outrigger spacing.......  10 ft 0 in........  6 ft 0 in.
Planking........................  2 x 9 in..........  2 x 9 in.
Guardrail.......................  2 x 4 in..........  2 x 4 in.
Guardrail uprights..............  2 x 4 in..........  2 x 4 in.
Toeboards (minimum).............  4 in..............  4 in.
------------------------------------------------------------------------

    (3) The platform shall be supported by wire ropes in conformity with 
paragraph (a)(22) of this section, suspended from overhead outrigger 
beams.
    (4) The scaffold outrigger beams shall consist of structural metal 
securely fastened or anchored to the frame or floor system of the 
building or structure.
    (5) Each outrigger beam shall be equivalent in strength to at least 
a standard 7-inch, 15.3-pound steel I-beam, be at least 15 feet long, 
and shall not project more than 6 feet 6 inches beyond the bearing 
point.
    (6) Where the overhang exceeds 6 feet 6 inches, outrigger beams 
shall be composed of stronger beams or multiple beams and be installed 
in accordance with approved designs and instructions.

[[Page 141]]

    (7) If channel iron outrigger beams are used in place of I-beams, 
they shall be securely fastened together with the flanges turned out.
    (8) All outrigger beams shall be set and maintained with their webs 
into vertical position.
    (9) A stop bolt shall be placed at each end of every outrigger beam.
    (10) The outrigger beam shall rest on suitable wood-bearing blocks.
    (11) All parts of the scaffold such as bolts, nuts, fittings, 
clamps, wire rope, and outrigger beams and their fastenings, shall be 
maintained in sound and good working condition and shall be inspected 
before each installation and periodically thereafter.
    (12) The free end of the suspension wire ropes shall be equipped 
with proper size thimbles and be secured by splicing or other equivalent 
means. The running ends shall be securely attached to the hoisting drum 
and at least four turns of rope shall at all times remain on the drum.
    (13) Where a single outrigger beam is used, the steel shackles or 
clevises with which the wire ropes are attached to the outrigger beams 
shall be placed directly over the hoisting drums.
    (14) The scaffold platform shall be equivalent in strength to at 
least 2-inch planking. (For maximum planking spans see paragraph (a)(9) 
of this section.)
    (15) Guardrails not less than 2  x  4 inches or the equivalent and 
not less than 36 inches or more than 42 inches high, with a mid-rail, 
when required, of 1  x  4-inch lumber or equivalent, and toeboards, 
shall be installed at all open sides on all scaffolds more than 10 feet 
above the ground or floor. Toeboards shall be a minimum of 4 inches in 
height. Wire mesh shall be installed in accordance with paragraph 
(a)(17) of this section.
    (16) Overhead protection shall be provided on the scaffold, not more 
than 9 feet above the platform, consisting of 2-inch planking or 
material of equivalent strength laid tight, when men are at work on the 
scaffold and an overhead hazard exists.
    (17) Each scaffold shall be installed or relocated in accordance 
with designs and instructions, of a registered professional engineer, 
and supervised by a competent, designated person.
    (g) Two-point suspension scaffolds (swinging scaffolds). (1) Two-
point suspension scaffold platforms shall be not less than 20 inches no 
more than 36 inches wide overall. The platform shall be securely 
fastened to the hangers by U-bolts or by other equivalent means.
    (2) The hangers of two-point suspension scaffolds shall be made of 
wrought iron, mild steel, or other equivalent material having a cross-
sectional area capable of sustaining four times the maximum intended 
load, and shall be designed with a support for guardrail, intermediate 
rail, and toeboard.
    (3) When hoisting machines are used on two-point suspension 
scaffolds, such machines shall be of a design tested and approved by a 
nationally recognized testing laboratory. Refer to Sec. 1910.7 for 
definition of nationally recognized testing laboratory.
    (4) The roof irons or hooks shall be of wrought iron, mild steel, or 
other equivalent material of proper size and design, securely installed 
and anchored. Tie-backs of three-fourth inch manila rope or the 
equivalent shall serve as a secondary means of anchorage, installed at 
right angles to the face of the building whenever possible and secured 
to a structurally sound portion of the building.
    (5) Guardrails not less than 2  x  4 inches or the equivalent and 
not less than 36 inches or more than 42 inches high, with a mid-rail, 
when required, of 1-  x  4-inch lumber or equivalent, and toeboards, 
shall be installed at all open sides on all scaffolds more than 10 feet 
above the ground or floor. Toeboards shall be a minimum of 4 inches in 
height. Wire mesh shall be installed in accordance with paragraph 
(a)(17) of this section.
    (6) Two-point suspension scaffolds shall be suspended by wire or 
fiber ropes. Wire and fiber ropes shall conform to paragraph (a)(22) of 
this section.
    (7) The blocks for fiber ropes shall be of standard 6-inch size, 
consisting of at least one double and one single block. The sheaves of 
all blocks shall fit the size of rope used.

[[Page 142]]

    (8) All wire ropes, fiber ropes, slings, hangers, platforms, and 
other supporting parts shall be inspected before every installation. 
Periodic inspections shall be made while the scaffold is in use.
    (9) On suspension scaffolds designed for a working load of 500 
pounds no more than two men shall be permitted to work at one time. On 
suspension scaffolds with a working load of 750 pounds, no more than 
three men shall be permitted to work at one time. Each workman shall be 
protected by a safety lifebelt attached to a lifeline. The lifeline 
shall be securely attached to substantial members of the structure (not 
scaffold), or to securely rigged lines, which will safely suspend the 
workman in case of a fall.
    (10) Where acid solutions are used, fiber ropes are not permitted 
unless acid-proof.
    (11) Two-point suspension scaffolds shall be securely lashed to the 
building or structure to prevent them from swaying. Window cleaners' 
anchors shall not be used for this purpose.
    (12) The platform of every two-point suspension scaffold shall be 
one of the following types:
    (i) The side stringer of ladder-type platforms shall be clear 
straight-grained spruce or materials of equivalent strength and 
durability. The rungs shall be of straight-grained oak, ash, or hickory, 
at least 1\1/8\ inch in diameter, with seven-eighth inch tenons mortised 
into the side stringers at least seven-eighth inch. The stringers shall 
be tied together with the tie rods not less than one-quarter inch in 
diameter, passing through the stringers and riveted up tight against 
washers on both ends. The flooring strips shall be spaced not more than 
five-eighth inch apart except at the side rails where the space may be 1 
inch. Ladder-type platforms shall be constructed in accordance with 
table D-17.
    (ii) Plank-type platforms shall be composed of not less than nominal 
2- x 8-inch unspliced planks, properly cleated together on the underside 
starting 6 inches from each end; intervals in between shall not exceed 4 
feet. The plank-type platform shall not extend beyond the hangers more 
than 18 inches. A bar or other effective means shall be securely 
fastened to the platform at each end to prevent its slipping off the 
hanger. The span between hangers for plank-type platforms shall not 
exceed 10 feet.
    (iii) Beam platforms shall have side stringers of lumber not less 
than 2 x 6 inches set on edge. The span between hangers shall not exceed 
12 feet when beam platforms are used. The flooring shall be supported on 
2- and 6-inch crossbeams, laid flat and set into the upper edge of the 
stringers with a snug fit, at intervals of not more than 4 feet, 
securely nailed in place. The flooring shall be of 1- x 6-inch material 
properly nailed. Floorboards shall not be spaced more than one-half inch 
apart.

                                 Table D-17--Schedule for Ladder-Type Platforms
----------------------------------------------------------------------------------------------------------------
                                                                       Length of platform (feet)
                                                     -----------------------------------------------------------
                                                          12        14 & 16     18 & 20     22 & 24     28 & 30
----------------------------------------------------------------------------------------------------------------
Side stringers, minimum cross section (finished
 sizes):
  At ends (in.).....................................    1\3/4\ x    1\3/4\ x  1\3/4\ x 3  1\3/4\ x 3    1\3/4\ x
                                                          2\3/4\      2\3/4\                              3\1/2\
  At middle (in.)...................................    1\3/4\ x    1\3/4\ x  1\3/4\ x 4    1\3/4\ x  1\3/4\ x 5
                                                          3\3/4\      3\3/4\                  4\1/4\
Reinforcing strip (minimum) \1\.....................  ..........  ..........  ..........  ..........  ..........
Rungs \2\...........................................  ..........  ..........  ..........  ..........  ..........
Tie rods:
  Number (minimum)..................................           3           4           4           5           6
  Diameter (minimum)................................    \1/4\ in    \1/4\ in    \1/4\ in    \1/4\ in   \1/4\ in.
Flooring, minimum finished size (in.)...............     \1/2\ x     \1/2\ x     \1/2\ x  \1/2\ x \3/    \1/2\ x
                                                          2\3/4\      2\3/4\      2\3/4\          4\      2\3/4\
----------------------------------------------------------------------------------------------------------------
\1\ A \1/8\x\7/8\-in. steel reinforcing strip or its equivalent shall be attached to the side or underside full
  length.
\2\ Rungs shall be 1\1/8\-in. minimum, diameter with at least \7/8\-in. diameter tenons, and the maximum spacing
  shall be 12 in. center to center.

    (h) Stone setters' adjustable multiple-point suspension scaffolds. 
(1) The scaffold shall be capable of sustaining a working load of 25 
pounds per square

[[Page 143]]

foot and shall not be overloaded. Scaffolds shall not be used for 
storage of stone or other heavy materials.
    (2) The hoisting machine and its supports shall be of a type tested 
and listed by a nationally recognized testing laboratory. Refer to 
Sec. 1910.399(a)(77) for definition of listed, and Sec. 1910.7 for 
nationally recognized testing laboratory.
    (3) The platform shall be securely fastened to the hangers by U-
bolts or other equivalent means.
    (4) The scaffold unit shall be suspended from metal outriggers, iron 
brackets, wire rope slings, or iron hooks which will safely support the 
maximum intended load.
    (5) Outriggers when used shall be set with their webs in a vertical 
position, securely anchored to the building or structure and provided 
with stop bolts at each end.
    (6) The scaffold shall be supported by wire rope conforming with 
paragraph (a)(22) of this section, suspended from overhead supports.
    (7) The free ends of the suspension wire ropes shall be equipped 
with proper size thimbles, secured by splicing or other equivalent 
means. The running ends shall be securely attached to the hoisting drum 
and at least four turns of rope shall remain on the drum at all times.
    (8) Guardrails not less than 2 by 4 inches or the equivalent and not 
less than 36 inches or more than 42 inches high, with a mid-rail, when 
required, of 1- by 4-inch lumber or equivalent, and toeboards, shall be 
installed at all open sides on all scaffolds more than 10 feet above the 
ground or floor. Toeboards shall be a minimum of 4 inches in height. 
Wire mesh shall be installed in accordance with paragraph (a)(17) of 
this section.
    (9) When two or more scaffolds are used on a building or structure 
they shall not be bridged one to the other but shall be maintained at 
even height with platforms butting closely.
    (10) Each scaffold shall be installed or relocated in accordance 
with designs and instructions of a registered professional engineer, and 
such installation or relocation shall be supervised by a competent 
designated person.
    (i) Single-point adjustable suspension scaffolds. (1) The 
scaffolding, including power units or manually operated winches, shall 
be a type tested and listed by a nationally recognized testing 
laboratory. Refer to Sec. 1910.399(a)(77) for definition of listed, and 
Sec. 1910.7 for nationally recognized testing laboratory.
    (2) [Reserved]
    (3) All power-operated gears and brakes shall be enclosed.
    (4) In addition to the normal operating brake, all-power driven 
units must have an emergency brake which engages automatically when the 
normal speed of descent is exceeded.
    (5) Guards, mid-rails, and toeboards shall completely enclose the 
cage or basket. Guardrails shall be no less than 2 by 4 inches or the 
equivalent installed no less than 36 inches nor more than 42 inches 
above the platform. Mid-rails shall be 1 by 6 inches or the equivalent, 
installed equidistant between the guardrail and the platform. Toeboards 
shall be a minimum of 4 inches in height.
    (6) The hoisting machines, cables, and equipment shall be regularly 
serviced and inspected after each installation and every 30 days 
thereafter.
    (7) The units may be combined to form a two-point suspension 
scaffold. Such scaffold shall comply with paragraph (g) of this section.
    (8) The supporting cable shall be straight for its entire length, 
and the operator shall not sway the basket and fix the cable to any 
intermediate points to change his original path of travel.
    (9) Equipment shall be maintained and used in accordance with the 
manufacturers' instructions.
    (10) Suspension methods shall conform to applicable provisions of 
paragraphs (f) and (g) of this section.
    (j) Boatswain's chairs. (1) The chair seat shall be not less than 12 
by 24 inches, and of 1-inch thickness. The seat shall be reinforced on 
the underside to prevent the board from splitting.
    (2) The two fiber rope seat slings shall be of \5/8\-inch diameter, 
reeved through the four seat holes so as to cross each other on the 
underside of the seat.

[[Page 144]]

    (3) Seat slings shall be of at least \3/8\-inch wire rope when a 
workman is conducting a heat producing process such as gas or arc 
welding.
    (4) The workman shall be protected by a safety life belt attached to 
a lifeline. The lifeline shall be securely attached to substantial 
members of the structure (not scaffold), or to securely rigged lines, 
which will safely suspend the worker in case of a fall.
    (5) The tackle shall consist of correct size ball bearing or bushed 
blocks and properly spliced \5/8\-inch diameter first-grade manila rope.
    (6) The roof irons, hooks, or the object to which the tackle is 
anchored shall be securely installed. Tiebacks when used shall be 
installed at right angles to the face of the building and securely 
fastened to a chimney.
    (k) Carpenters' bracket scaffolds. (1) The brackets shall consist of 
a triangular wood frame not less than 2 by 3 inches in cross section, or 
of metal of equivalent strength. Each member shall be properly fitted 
and securely joined.
    (2) Each bracket shall be attached to the structure by means of one 
of the following:
    (i) A bolt no less than five-eighths inch in diameter which shall 
extend through the inside of the building wall.
    (ii) A metal stud attachment device.
    (iii) Welding to steel tanks.
    (iv) Hooking over a well-secured and adequately strong supporting 
member.

The brackets shall be spaced no more than 10 feet apart.
    (3) No more than two persons shall occupy any given 10 feet of a 
bracket scaffold at any one time. Tools and materials shall not exceed 
75 pounds in addition to the occupancy.
    (4) The platform shall consist of not less than two 2- by 9-inch 
nominal size planks extending not more than 18 inches or less than 6 
inches beyond each end support.
    (5) Guardrails not less than 2 by 4 inches or the equivalent and not 
less than 36 inches or more than 42 inches high, with a mid-rail, when 
required, of 1- by 4-inch lumber or equivalent, and toeboards, shall be 
installed at all open sides on all scaffolds more than 10 feet above the 
ground or floor. Toeboards shall be a minimum of 4 inches in height. 
Wire mesh shall be installed in accordance with paragraph (a)(17) of 
this section.
    (l) Bricklayers' square scaffolds. (1) The squares shall not exceed 
5 feet in width and 5 feet in height.
    (2) Members shall be not less than those specified in Table D-18.
    (3) The squares shall be reinforced on both sides of each corner 
with 1- by 6-inch gusset pieces. They shall also have braces 1 by 8 
inches on both sides running from center to center of each member, or 
other means to secure equivalent strength and rigidity.
    (4) The squares shall be set not more than 5 feet apart for medium 
duty scaffolds, and not more than 8 feet apart for light duty scaffolds. 
Bracing 1 x 8 inches, extending from the bottom of each square to the 
top of the next square, shall be provided on both front and rear sides 
of the scaffold.

 Table D-18--Minimum Dimensions for Bricklayers' Square Scaffold Members
------------------------------------------------------------------------
                  Members                        Dimensions (inches)
------------------------------------------------------------------------
Bearers or horizontal members..............  2 by 6.
Legs.......................................  2 by 6.
Braces at corners..........................  1 by 6.
Braces diagonally from center frame........  1 by 8.
------------------------------------------------------------------------

    (5) Platform planks shall be at least 2- by 9-inch nominal size. The 
ends of the planks shall overlap the bearers of the squares and each 
plank shall be supported by not less than three squares.
    (6) Bricklayers' square scaffolds shall not exceed three tiers in 
height and shall be so constructed and arranged that one square shall 
rest directly above the other. The upper tiers shall stand on a 
continuous row of planks laid across the next lower tier and be nailed 
down or otherwise secured to prevent displacement.
    (7) Scaffolds shall be level and set upon a firm foundation.
    (m) Horse scaffolds. (1) Horse scaffolds shall not be constructed or 
arranged more than two tiers or 10 feet in height.
    (2) The members of the horses shall be not less than those specified 
in Table D-19.
    (3) Horses shall be spaced not more than 5 feet for medium duty and 
not more than 8 feet for light duty.

[[Page 145]]

    (4) When arranged in tiers, each horse shall be placed directly over 
the horse in the tier below.
    (5) On all scaffolds arranged in tiers, the legs shall be nailed 
down to the planks to prevent displacement or thrust and each tier shall 
be substantially cross braced.

        Table D-19--Minimum Dimensions for Horse Scaffold Members
------------------------------------------------------------------------
                  Members                        Dimensions (inches)
------------------------------------------------------------------------
Horizontal members or bearers..............  3 by 4.
Legs.......................................  1\1/4\ by 4\1/2\.
Longitudinal brace between legs............  1 by 6.
Gusset brace at top of legs................  1 by 8.
Half diagonal braces.......................  1\1/4\ by 4\1/2\.
------------------------------------------------------------------------

    (6) Horses or parts which have become weak or defective shall not be 
used.
    (7) Guardrails not less than 2 by 4 inches or the equivalent and not 
less than 36 inches or more than 42 inches high with a mid-rail, when 
required, of 1- by 4-inch lumber or equivalent and toeboards, shall be 
installed at all open sides on all scaffolds more than 10 feet above the 
ground or floor. Toeboards shall be a minimum of 4 inches in height. 
Wire mesh shall be installed in accordance with paragraph (a)(17) of 
this section.
    (n) Needle beam scaffold. (1) Wood needle beams shall be in 
accordance with paragraph (a) (5) and (9) of this section, and shall be 
not less than 4 by 6 inches in size, with the greater dimension placed 
in a vertical direction. Metal beams or the equivalent conforming to 
paragraph (a) (4) and (8) of this section may be used.
    (2) Ropes or hangers shall be provided for supports. The span 
between supports on the needle beam shall not exceed 10 feet for 4- by 
6-inch timbers. Rope supports shall be equivalent in strength to 1-inch 
diameter first-grade manila rope.
    (3) The ropes shall be attached to the needle beams by a scaffold 
hitch or a properly made eye splice. The loose end of the rope shall be 
tied by a bowline knot or by a round turn and one-half hitch.
    (4) The platform span between the needle beams shall not exceed 8 
feet when using 2-inch scaffold plank. For spans greater than 8 feet, 
platforms shall be designed based on design requirements for the special 
span. The overhang of each end of the platform planks shall be not less 
than 1 foot and not more than 18 inches.
    (5) When one needle beam is higher than the other or when the 
platform is not level the platform shall be secured against slipping.
    (6) All unattached tools, bolts, and nuts used on needle beam 
scaffolds shall be kept in suitable containers.
    (7) One end of a needle beam scaffold may be supported by a 
permanent structural member conforming to paragraphs (a) (4) and (8) of 
this section.
    (8) Each man working on a needle beam scaffold 20 feet or more above 
the ground or floor and working with both hands, shall be protected by a 
safety life belt attached to a lifeline. The lifeline shall be securely 
attached to substantial members of the structure (not scaffold), or to 
securely rigged lines, which will safely suspend the workman in case of 
a fall.
    (o) Plasterers', decorators', and large area scaffolds. (1) 
Plasterers', decorators', lathers', and ceiling workers' inside 
scaffolds shall be constructed in accordance with the general 
requirements set forth for independent wood pole scaffolds.
    (2) Guardrails not less than 2 by 4 inches or the equivalent and not 
less than 36 inches or more than 42 inches high, with a mid-rail, when 
required, of 1- by 4-inch lumber or equivalent, and toeboards, shall be 
installed at all open sides on all scaffolds more than 10 feet above the 
ground or floor. Toeboards shall be a minimum of 4 inches in height. 
Wire mesh shall be installed in accordance with paragraph (a)(17) of 
this section.
    (3) All platform planks shall be laid with the edges close together.
    (4) When independent pole scaffold platforms are erected in 
sections, such sections shall be provided with connecting runways 
equipped with substantial guardrails.
    (p) Interior hung scaffolds.
    (1) [Reserved]
    (2) The suspended steel wire rope shall conform to paragraph (a)(22) 
of this section. Wire may be used providing the strength requirements of

[[Page 146]]

paragraph (a)(22) of this section are met.
    (3) For hanging wood scaffolds, the following minimum nominal size 
material is recommended:
    (i) Supporting bearers 2 by 9 inches on edge.
    (ii) Planking 2 by 9 inches or 2 by 10 inches, with maximum span 7 
feet for heavy duty and 10 feet for light duty or medium duty.
    (4) Steel tube and coupler members may be used for hanging scaffolds 
with both types of scaffold designed to sustain a uniform distributed 
working load up to heavy duty scaffold loads with a safety factor of 
four.
    (5) When a hanging scaffold is supported by means of wire rope, such 
wire rope shall be wrapped at least twice around the supporting members 
and twice around the bearers of the scaffold, with each end of the wire 
rope secured by at least three standard wire-rope clips.
    (6) All overhead supporting members shall be inspected and checked 
for strength before the scaffold is erected.
    (7) Guardrails not less than 2 by 4 inches or the equivalent and not 
less than 36 inches or more than 42 inches high, with a mid-rail, when 
required, of 1- by 4-inch lumber or equivalent, and toeboards, shall be 
installed at all open sides on all scaffolds more than 10 feet above the 
ground or floor. Toeboards shall be a minimum of 4 inches in height. 
Wire mesh shall be installed in accordance with paragraph (a)(17) of 
this section.
    (q) Ladder-jack scaffolds. (1) All ladder-jack scaffolds shall be 
limited to light duty and shall not exceed a height of 20 feet above the 
floor or ground.
    (2) All ladders used in connection with ladder-jack scaffolds shall 
be heavy-duty ladders and shall be designed and constructed in 
accordance with Sec. 1910.25 and Sec. 1910.26.
    (3) The ladder jack shall be so designed and constructed that it 
will bear on the side rails in addition to the ladder rungs, or if 
bearing on rungs only, the bearing area shall be at least 10 inches on 
each rung.
    (4) Ladders used in conjunction with ladder jacks shall be so 
placed, fastened, held, or equipped with devices so as to prevent 
slipping.
    (5) The wood platform planks shall be not less than 2 inches nominal 
in thickness. Both metal and wood platform planks shall overlap the 
bearing surface not less than 12 inches. The span between supports for 
wood shall not exceed 8 feet. Platform width shall be not less than 18 
inches.
    (6) Not more than two persons shall occupy any given 8 feet of any 
ladder-jack scaffold at any one time.
    (r) Window-jack scaffolds. (1) Window-jack scaffolds shall be used 
only for the purpose of working at the window opening through which the 
jack is placed.
    (2) Window jacks shall not be used to support planks placed between 
one window jack and another or for other elements of scaffolding.
    (3) Window-jack scaffolds shall be provided with suitable guardrails 
unless safety belts with lifelines are attached and provided for the 
workman. Window-jack scaffolds shall be used by one man only.
    (s) Roofing brackets. (1) Roofing brackets shall be constructed to 
fit the pitch of the roof.
    (2) Brackets shall be secured in place by nailing in addition to the 
pointed metal projections. The nails shall be driven full length into 
the roof. When rope supports are used, they shall consist of first-grade 
manila of at least three-quarter-inch diameter, or equivalent.
    (3) A substantial catch platform shall be installed below the 
working area of roofs more than 20 feet from the ground to eaves with a 
slope greater than 3 inches in 12 inches without a parapet. In width the 
platform shall extend 2 feet beyond the projection of the eaves and 
shall be provided with a safety rail, mid-rail, and toeboard. This 
provision shall not apply where employees engaged in work upon such 
roofs are protected by a safety belt attached to a lifeline.
    (t) Crawling boards or chicken ladders. (1) Crawling boards shall be 
not less than 10 inches wide and 1 inch thick, having cleats 1 x 1\1/2\ 
inches. The cleats shall be equal in length to the width of the board 
and spaced at equal intervals not to exceed 24 inches. Nails shall be

[[Page 147]]

driven through and clinched on the underside. The crawling board shall 
extend from the ridge pole to the eaves when used in connection with 
roof construction, repair, or maintenance.
    (2) A firmly fastened lifeline of at least three-quarter-inch rope 
shall be strung beside each crawling board for a handhold.
    (3) Crawling boards shall be secured to the roof by means of 
adequate ridge hooks or equivalent effective means.
    (u) Float or ship scaffolds. (1) Float or ship scaffolds shall 
support not more than three men and a few light tools, such as those 
needed for riveting, bolting, and welding. They shall be constructed in 
accordance with paragraphs (u) (2) through (6) of this section, unless 
substitute designs and materials provide equivalent strength, stability, 
and safety.
    (2) The platform shall be not less than 3 feet wide and 6 feet long, 
made of three-quarter-inch plywood, equivalent to American Plywood 
Association Grade B-B, Group I, Exterior.
    (3) Under the platform, there shall be two supporting bearers made 
from 2- x 4-inch, or 1- x 10-inch rough, selected lumber, or better. 
They shall be free of knots or other flaws and project 6 inches beyond 
the platform on both sides. The ends of the platform shall extend about 
6 inches beyond the outer edges of the bearers. Each bearer shall be 
securely fastened to the platform.
    (4) An edging of wood not less than \3/4\ x 1\1/2\ inches, or 
equivalent, shall be placed around all sides of the platform to prevent 
tools from rolling off.
    (5) Supporting ropes shall be 1-inch diameter manila rope or 
equivalent, free from deterioration, chemical damage, flaws, or other 
imperfections. Rope connections shall be such that the platform cannot 
shift or slip. If two ropes are used with each float, each of the two 
supporting ropes shall be hitched around one end of a bearer and pass 
under the platforms to the other end of the bearer where it is hitched 
again, leaving sufficient rope at each end for the supporting ties.
    (6) Each workman shall be protected by a safety lifebelt attached to 
a lifeline. The lifeline shall be securely attached to substantial 
members of the structure (not scaffold), or to securely rigged lines, 
which will safely suspend the workman in case of a fall.
    (v) Scope. This section establishes safety requirements for the 
construction, operation, maintenance, and use of scaffolds used in the 
maintenance of buildings and structures.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978; 
49 FR 5321, Feb. 10, 1984; 53 FR 12121, Apr. 12, 1988]



Sec. 1910.29  Manually propelled mobile ladder stands and scaffolds (towers).

    (a) General requirements--(1) Application. This section is intended 
to prescribe rules and requirements for the design, construction, and 
use of mobile work platforms (including ladder stands but not including 
aerial ladders) and rolling (mobile) scaffolds (towers). This standard 
is promulgated to aid in providing for the safety of life, limb, and 
property, by establishing minimum standards for structural design 
requirements and for the use of mobile work platforms and towers.
    (2) Working loads. (i) Work platforms and scaffolds shall be capable 
of carrying the design load under varying circumstances depending upon 
the conditions of use. Therefore, all parts and appurtenances necessary 
for their safe and efficient utilization must be integral parts of the 
design.
    (ii) Specific design and construction requirements are not a part of 
this section because of the wide variety of materials and design 
possibilities. However, the design shall be such as to produce a mobile 
ladder stand or scaffold that will safely sustain the specified loads. 
The material selected shall be of sufficient strength to meet the test 
requirements and shall be protected against corrosion or deterioration.
    (a) The design working load of ladder stands shall be calculated on 
the basis of one or more 200-pound persons together with 50 pounds of 
equipment each.
    (b) The design load of all scaffolds shall be calculated on the 
basis of:

    Light-- Designed and constructed to carry a working load of 25 
pounds per square foot.
    Medium-- Designed and constructed to carry a working load of 50 
pounds per square foot.

[[Page 148]]

    Heavy-- Designed and constructed to carry a working load of 75 
pounds per square foot.


All ladder stands and scaffolds shall be capable of supporting at least 
four times the design working load.
    (iii) The materials used in mobile ladder stands and scaffolds shall 
be of standard manufacture and conform to standard specifications of 
strength, dimensions, and weights, and shall be selected to safely 
support the design working load.
    (iv) Nails, bolts, or other fasteners used in the construction of 
ladders, scaffolds, and towers shall be of adequate size and in 
sufficient numbers at each connection to develop the designed strength 
of the unit. Nails shall be driven full length. (All nails should be 
immediately withdrawn from dismantled lumber.)
    (v) All exposed surfaces shall be free from sharp edges, burrs or 
other safety hazards.
    (3) Work levels. (i) The maximum work level height shall not exceed 
four (4) times the minimum or least base dimensions of any mobile ladder 
stand or scaffold. Where the basic mobile unit does not meet this 
requirement, suitable outrigger frames shall be employed to achieve this 
least base dimension, or provisions shall be made to guy or brace the 
unit against tipping.
    (ii) The minimum platform width for any work level shall not be less 
than 20 inches for mobile scaffolds (towers). Ladder stands shall have a 
minimum step width of 16 inches.
    (iii) The supporting structure for the work level shall be rigidly 
braced, using adequate cross bracing or diagonal bracing with rigid 
platforms at each work level.
    (iv) The steps of ladder stands shall be fabricated from slip 
resistant treads.
    (v) The work level platform of scaffolds (towers) shall be of wood, 
aluminum, or plywood planking, steel or expanded metal, for the full 
width of the scaffold, except for necessary openings. Work platforms 
shall be secured in place. All planking shall be 2-inch (nominal) 
scaffold grade minimum 1,500 f. (stress grade) construction grade lumber 
or equivalent.
    (vi) All scaffold work levels 10 feet or higher above the ground or 
floor shall have a standard (4-inch nominal) toeboard.
    (vii) All work levels 10 feet or higher above the ground or floor 
shall have a guardrail of 2- by 4-inch nominal or the equivalent 
installed no less than 36 inches or more than 42 inches high, with a 
mid-rail, when required, of 1- by 4-inch nominal lumber or equivalent.
    (viii) A climbing ladder or stairway shall be provided for proper 
access and egress, and shall be affixed or built into the scaffold and 
so located that its use will not have a tendency to tip the scaffold. A 
landing platform shall be provided at intervals not to exceed 30 feet.
    (4) Wheels or casters. (i) Wheels or casters shall be properly 
designed for strength and dimensions to support four (4) times the 
design working load.
    (ii) All scaffold casters shall be provided with a positive wheel 
and/or swivel lock to prevent movement. Ladder stands shall have at 
least two (2) of the four (4) casters and shall be of the swivel type.
    (iii) Where leveling of the elevated work platform is required, 
screw jacks or other suitable means for adjusting the height shall be 
provided in the base section of each mobile unit.
    (b) Mobile tubular welded frame scaffolds--(1) General. Units shall 
be designed to comply with the requirements of paragraph (a) of this 
section.
    (2) Bracing. Scaffolds shall be properly braced by cross braces and/
or diagonal braces for securing vertical members together laterally. The 
cross braces shall be of a length that will automatically square and 
align vertical members so the erected scaffold is always plumb, square, 
and rigid.
    (3) Spacing. Spacing of panels or frames shall be consistent with 
the loads imposed. The frames shall be placed one on top of the other 
with coupling or stacking pins to provide proper vertical alignment of 
the legs.
    (4) Locking. Where uplift may occur, panels shall be locked together 
vertically by pins or other equivalent means.
    (5) Erection. Only the manufacturer of a scaffold or his qualified 
designated

[[Page 149]]

agent shall be permitted to erect or supervise the erection of scaffolds 
exceeding 50 feet in height above the base, unless such structure is 
approved in writing by a registered professional engineer, or erected in 
accordance with instructions furnished by the manufacturer.
    (c) Mobile tubular welded sectional folding scaffolds--(1) General. 
Units including sectional stairway and sectional ladder scaffolds shall 
be designed to comply with the requirements of paragraph (a) of this 
section.
    (2) Stairway. An integral stairway and work platform shall be 
incorporated into the structure of each sectional folding stairway 
scaffold.
    (3) Bracing. An integral set of pivoting and hinged folding diagonal 
and horizontal braces and a detachable work platform shall be 
incorporated into the structure of each sectional folding ladder 
scaffold.
    (4) Sectional folding stairway scaffolds. Sectional folding stairway 
scaffolds shall be designed as medium duty scaffolds except for high 
clearance. These special base sections shall be designed as light duty 
scaffolds. When upper sectional folding stairway scaffolds are used with 
a special high clearance base, the load capacity of the entire scaffold 
shall be reduced accordingly. The width of a sectional folding stairway 
scaffold shall not exceed 4\1/2\ feet. The maximum length of a sectional 
folding stairway scaffold shall not exceed 6 feet.
    (5) Sectional folding ladder scaffolds. Sectional folding ladder 
scaffolds shall be designed as light duty scaffolds including special 
base (open end) sections which are designed for high clearance. For 
certain special applications the six-foot (6') folding ladder scaffolds, 
except for special high clearance base sections, shall be designed for 
use as medium duty scaffolds. The width of a sectional folding ladder 
scaffold shall not exceed 4\1/2\ feet. The maximum length of a sectional 
folding ladder scaffold shall not exceed 6 feet 6 inches for a six-foot 
(6') long unit, 8 feet 6 inches for an eight-foot (8') unit or 10 feet 6 
inches for a ten-foot (10') long unit.
    (6) End frames. The end frames of sectional ladder and stairway 
scaffolds shall be designed so that the horizontal bearers provide 
supports for multiple planking levels.
    (7) Erection. Only the manufacturer of the scaffold or his qualified 
designated agent shall be permitted to erect or supervise the erection 
of scaffolds exceeding 50 feet in height above the base, unless such 
structure is approved in writing by a licensed professional engineer, or 
erected in accordance with instructions furnished by the manufacturer.
    (d) Mobile tube and coupler scaffolds--(1) Design. Units shall be 
designed to comply with the applicable requirements of paragraph (a) of 
this section.
    (2) Material. The material used for the couplers shall be of a 
structural type, such as a drop-forged steel, malleable iron or 
structural grade aluminum. The use of gray cast iron is prohibited.
    (3) Erection. Only the manufacturer of the scaffold or his qualified 
designated agent shall be permitted to erect or supervise the erection 
of scaffolds exceeding 50 feet in height above the base, unless such 
structure is approved in writing by a licensed professional engineer, or 
erected in accordance with instructions furnished by the manufacturer.
    (e) Mobile work platforms--(1) Design. Units shall be designed for 
the use intended and shall comply with the requirements of paragraph (a) 
of this section.
    (2) Base width. The minimum width of the base of mobile work 
platforms shall not be less than 20 inches.
    (3) Bracing. Adequate rigid diagonal bracing to vertical members 
shall be provided.
    (f) Mobile ladder stands--(1) Design. Units shall comply with 
applicable requirements of paragraph (a) of this section.
    (2) Base width. The minimum base width shall conform to paragraph 
(a)(3)(i) of this section. The maximum length of the base section shall 
be the total length of combined steps and top assembly, measured 
horizontally, plus five-eighths inch per step of rise.
    (3) Steps. Steps shall be uniformly spaced, and sloped, with a rise 
of not less than nine (9) inches, nor more than ten (10) inches, and a 
depth of not less seven (7) inches. The slope of the steps section shall 
be a minimum of fifty-

[[Page 150]]

five (55) degrees and a maximum of sixty (60) degrees measured from the 
horizontal.
    (4) Handrails. (i) Units having more than five (5) steps or 60 
inches vertical height to the top step shall be equipped with handrails.
    (ii) Handrails shall be a minimum of 29 inches high. Measurements 
shall be taken vertically from the center of the step.
    (5) Loading. The load (see paragraph (a)(2)(ii)(a) of this section) 
shall be applied uniformly to a 3\1/2\ inches wide area front to back at 
the center of the width span with a safety factor of four (4).



Sec. 1910.30  Other working surfaces.

    (a) Dockboards (bridge plates). (1) Portable and powered dockboards 
shall be strong enough to carry the load imposed on them.
    (2) Portable dockboards shall be secured in position, either by 
being anchored or equipped with devices which will prevent their 
slipping.
    (3) Powered dockboards shall be designed and constructed in 
accordance with Commercial Standard CS202-56 (1961) ``Industrial Lifts 
and Hinged Loading Ramps published by the U.S. Department of Commerce, 
which is incorporated by reference as specified in Sec. 1910.6.
    (4) Handholds, or other effective means, shall be provided on 
portable dockboards to permit safe handling.
    (5) Positive protection shall be provided to prevent railroad cars 
from being moved while dockboards or bridge plates are in position.
    (b) Forging machine area. (1) Machines shall be so located as to 
give (i) enough clearance between machines so that the movement of one 
operator will not interfere with the work of another, (ii) ample room 
for cleaning machines and handling the work, including material and 
scrap. The arrangement of machines shall be such that operators will not 
stand in aisles.
    (2) Aisles shall be provided of sufficient width to permit the free 
movement of employees bringing and removing material. This aisle space 
is to be independent of working and storage space.
    (3) Wood platforms used on the floor in front of machines shall be 
substantially constructed.
    (c) Veneer machinery. (1) Sides of steam vats shall extend to a 
height of not less than 36 inches above the floor, working platform, or 
ground.
    (2) Large steam vats divided into sections shall be provided with 
substantial walkways between sections. Each walkway shall be provided 
with a standard handrail on each exposed side. These handrails may be 
removable, if necessary.
    (3) Covers shall be removed only from that portion of steaming vats 
on which men are working and a portable railing shall be placed at this 
point to protect the operators.
    (4) Workmen shall not ride or step on logs in steam vats.

[39 FR 23502, June 27, 1974, as amended at 49 FR 5322, Feb. 10, 1984; 61 
FR 9235, Mar. 7, 1996]



                       Subpart E--Means of Egress

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



Sec. 1910.35  Definitions.

    As used in this subpart.
    (a) Means of egress. A means of egress is a continuous and 
unobstructed way of exit travel from any point in a building or 
structure to a public way and consists of three separate and distinct 
parts: the way of exit access, the exit, and the way of exit discharge. 
A means of egress comprises the vertical and horizontal ways of travel 
and shall include intervening room spaces, doorways, hallways, 
corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, 
escalators, horizontal exits, courts, and yards.
    (b) Exit access. Exit access is that portion of a means of egress 
which leads to an entrance to an exit.
    (c) Exit. Exit is that portion of a means of egress which is 
separated from all other spaces of the building or structure by 
construction or equipment as required in this subpart to provide a 
protected way of travel to the exit discharge.

[[Page 151]]

    (d) Exit discharge. Exit discharge is that portion of a means of 
egress between the termination of an exit and a public way.
    (e) Low hazard contents. Low hazard contents shall be classified as 
those of such low combustibility that no self- propagating fire therein 
can occur and that consequently the only probable danger requiring the 
use of emergency exits will be from panic, fumes, or smoke, or fire from 
some external source.
    (f) High-hazard contents. High-hazard contents shall be classified 
as those which are liable to burn with extreme rapidity or from which 
poisonous fumes or explosions are to be feared in the event of fire.
    (g) Ordinary hazard contents. Ordinary hazard contents shall be 
classified as those which are liable to burn with moderate rapidity and 
to give off a considerable volume of smoke but from which neither 
poisonous fumes nor explosions are to be feared in case of fire.
    (h) Approved. For the purpose of this subpart approved shall mean 
listed or approved equipment by a nationally recognized testing 
laboratory. Refer to Sec. 1910.155(c)(3)(iv)(A) for definition of 
listed, and Sec. 1910.7 for nationally recognized testing laboratory.
    (i) Emergency action plan means a plan for a workplace, or parts 
thereof, describing what procedures the employer and employees must take 
to ensure employee safety from fire or other emergencies.
    (j) Emergency escape route means the route that employees are 
directed to follow in the event they are required to evacuate the 
workplace or seek a designated refuge area.

[39 FR 23502, June 27, 1974, as amended at 45 FR 60703, Sept. 12, 1980; 
53 FR 12121, Apr. 12, 1988]



Sec. 1910.36  General requirements.

    (a) Application. This subpart contains general fundamental 
requirements essential to providing a safe means of egress from fire and 
like emergencies. Nothing in this subpart shall be construed to prohibit 
a better type of building construction, more exits, or otherwise safer 
conditions than the minimum requirements specified in this subpart. 
Exits from vehicles, vessels, or other mobile structures are not covered 
by this subpart.
    (b) Fundamental requirements. (1) Every building or structure, new 
or old, designed for human occupancy shall be provided with exits 
sufficient to permit the prompt escape of occupants in case of fire or 
other emergency. The design of exits and other safeguards shall be such 
that reliance for safety to life in case of fire or other emergency will 
not depend solely on any single safeguard; additional safeguards shall 
be provided for life safety in case any single safeguard is ineffective 
due to some human or mechanical failure.
    (2) Every building or structure shall be so constructed, arranged, 
equipped, maintained, and operated as to avoid undue danger to the lives 
and safety of its occupants from fire, smoke, fumes, or resulting panic 
during the period of time reasonably necessary for escape from the 
building or structure in case of fire or other emergency.
    (3) Every building or structure shall be provided with exits of 
kinds, numbers, location, and capacity appropriate to the individual 
building or structure, with due regard to the character of the 
occupancy, the number of persons exposed, the fire protection available, 
and the height and type of construction of the building or structure, to 
afford all occupants convenient facilities for escape.
    (4) In every building or structure exits shall be so arranged and 
maintained as to provide free and unobstructed egress from all parts of 
the building or structure at all times when it is occupied. No lock or 
fastening to prevent free escape from the inside of any building shall 
be installed except in mental, penal, or corrective institutions where 
supervisory personnel is continually on duty and effective provisions 
are made to remove occupants in case of fire or other emergency.
    (5) Every exit shall be clearly visible or the route to reach it 
shall be conspicuously indicated in such a manner that every occupant of 
every building or structure who is physically and mentally capable will 
readily know the direction of escape from any point, and each path of 
escape, in its entirety, shall be so arranged or marked that

[[Page 152]]

the way to a place of safety outside is unmistakable. Any doorway or 
passageway not constituting an exit or way to reach an exit, but of such 
a character as to be subject to being mistaken for an exit, shall be so 
arranged or marked as to minimize its possible confusion with an exit 
and the resultant danger of persons endeavoring to escape from fire 
finding themselves trapped in a dead-end space, such as a cellar or 
storeroom, from which there is no other way out.
    (6) In every building or structure equipped for artificial 
illumination, adequate and reliable illumination shall be provided for 
all exit facilities.
    (7) In every building or structure of such size, arrangement, or 
occupancy that a fire may not itself provide adequate warning to 
occupants, fire alarm facilities shall be provided where necessary to 
warn occupants of the existence of fire so that they may escape, or to 
facilitate the orderly conduct of fire exit drills.
    (8) Every building or structure, section, or area thereof of such 
size, occupancy, and arrangement that the reasonable safety of numbers 
of occupants may be endangered by the blocking of any single means of 
egress due to fire or smoke, shall have at least two means of egress 
remote from each other, so arranged as to minimize any possibility that 
both may be blocked by any one fire or other emergency conditions.
    (9) Compliance with this subpart shall not be construed as 
eliminating or reducing the necessity for other provisions for safety of 
persons using a structure under normal occupancy conditions, nor shall 
any provision of the subpart be construed as requiring or permitting any 
condition that may be hazardous under normal occupancy conditions.
    (c) Protection of employees exposed by construction and repair 
operations. (1) No building or structure under construction shall be 
occupied in whole or in part until all exit facilities required for the 
part occupied are completed and ready for use.
    (2) No existing building shall be occupied during repairs or 
alterations unless all existing exits and any existing fire protection 
are continuously maintained, or in lieu thereof other measures are taken 
which provide equivalent safety.
    (3) No flammable or explosive substances or equipment for repairs or 
alterations shall be introduced in a building of normally low or 
ordinary hazard classification while the building is occupied, unless 
the condition of use and safeguards provided are such as not to create 
any additional danger or handicap to egress beyond the normally 
permissible conditions in the building.
    (d) Maintenance. (1) Every required exit, way of approach thereto, 
and way of travel from the exit into the street or open space, shall be 
continuously maintained free of all obstructions or impediments to full 
instant use in the case of fire or other emergency.
    (2) Every automatic sprinkler system, fire detection and alarm 
system, exit lighting, fire door, and other item of equipment, where 
provided, shall be continuously in proper operating condition.



Sec. 1910.37  Means of egress, general.

    (a) Permissible exit components. An exit shall consist only of the 
approved components. Exit components shall be constructed as an integral 
part of the building or shall be permanently affixed thereto.
    (b) Protective enclosure of exits. When an exit is protected by 
separation from other parts of the building the separating construction 
shall meet the following requirements.
    (1) The separation shall have at least a 1-hour fire resistance 
rating when the exit connects three stories or less. This applies 
whether the stories connected are above or below the story at which exit 
discharge begins.
    (2) The separation shall have at least a 2-hour fire resistance 
rating when the exit connects four or more stories, whether above or 
below the floor of discharge. It shall be constructed of noncombustible 
materials, and shall be supported by construction having at least a 2-
hour fire resistance rating.
    (3) Any opening therein shall be protected by an approved self-
closing fire door.

[[Page 153]]

    (4) Openings in exit enclosures shall be confined to those necessary 
for access to the enclosure from normally occupied spaces and for egress 
from the enclosure.
    (c) Width and capacity of means of egress. (1) The capacity in 
number of persons per unit of exit width for approved components of 
means of egress shall be as follows:
    (i) Level Egress Components (including Class A Ramps) 100 persons.
    (ii) Inclined Egress Components (including Class B Ramps) 60 
persons.
    (iii) A ramp shall be designated as Class A or Class B in accordance 
with the following Table E-1:

                                Table E-1
------------------------------------------------------------------------
                                        Class A             Class B
------------------------------------------------------------------------
Width...........................  44 inches and       30 to 44 inches.
                                   greater.
Slope...........................  1 to 1\3/16\        1\3/16\ to 2
                                   inches in 12        inches in 12
                                   inches.             inches.
Maximum height between landings.  No limit..........  12 feet.
------------------------------------------------------------------------

    (2) Means of egress shall be measured in units of exit width of 22 
inches. Fractions of a unit shall not be counted, except that 12 inches 
added to one or more full units shall be counted as one-half a unit of 
exit width.
    (3) Units of exit width shall be measured in the clear at the 
narrowest point of the means of egress except that a handrail may 
project inside the measured width on each side not more than 5 inches 
and a stringer may project inside the measured width not more than 1\1/
2\ inches. An exit or exit access door swinging into an aisle or 
passageway shall not restrict the effective width thereof at any point 
during its swing to less than the minimum widths hereafter specified.
    (d) Egress capacity and occupant load. (1) The capacity of means of 
egress for any floor, balcony, tier, or other occupied space shall be 
sufficient for the occupant load thereof. The occupant load shall be the 
maximum number of persons that may be in the space at any time.
    (2) Where exits serve more than one floor, only the occupant load of 
each floor considered individually need be used in computing the 
capacity of the exits at that floor, provided that exit capacity shall 
not be decreased in the direction of exit travel.
    (e) Arrangement of exits. When more than one exit is required from a 
story, at least two of the exits shall be remote from each other and so 
arranged as to minimize any possibility that both may be blocked by any 
one fire or other emergency condition.
    (f) Access to exits. (1) Exits shall be so located and exit access 
shall be so arranged that exits are readily accessible at all times. 
Where exits are not immediately accessible from an open floor area, safe 
and continuous passageways, aisles, or corridors leading directly to 
every exit and so arranged as to provide convenient access for each 
occupant to at least two exits by separate ways of travel, except as a 
single exit or limited dead ends are permitted by other provisions of 
this subpart, shall be maintained.
    (2) A door from a room to an exit or to a way of exit access shall 
be of the side-hinged, swinging type. It shall swing with exit travel 
when the room is occupied by more than 50 persons or used for a high 
hazard occupancy.
    (3) In no case shall access to an exit be through a bathroom, or 
other room subject to locking, except where the exit is required to 
serve only the room subject to locking.
    (4) Ways of exit access and the doors to exits to which they lead 
shall be so designed and arranged as to be clearly recognizable as such. 
Hangings or draperies shall not be placed over exit doors or otherwise 
so located as to conceal or obscure any exit. Mirrors shall not be 
placed on exit doors. Mirrors shall not be placed in or adjacent to any 
exit in such a manner as to confuse the direction of exit.
    (5) Exit access shall be so arranged that it will not be necessary 
to travel toward any area of high hazard occupancy in order to reach the 
nearest exit, unless the path of travel is effectively shielded from the 
high hazard location by suitable partitions or other physical barriers.
    (6) The minimum width of any way of exit access shall in no case be 
less than 28 inches. Where a single way of exit access leads to an exit, 
its capacity in terms of width shall be at least equal to the required 
capacity of the exit to

[[Page 154]]

which it leads. Where more than one way of exit access leads to an exit, 
each shall have a width adequate for the number of persons it must 
accommodate.
    (g) Exterior ways of exit access. (1) Access to an exit may be by 
means of any exterior balcony, porch, gallery, or roof that conforms to 
the requirements of this section.
    (2) Exterior ways of exit access shall have smooth, solid floors, 
substantially level, and shall have guards on the unenclosed sides.
    (3) Where accumulation of snow or ice is likely because of the 
climate, the exterior way of exit access shall be protected by a roof, 
unless it serves as the sole normal means of access to the rooms or 
spaces served, in which case it may be assumed that snow and ice will be 
regularly removed in the course of normal occupancy.
    (4) A permanent, reasonably straight path of travel shall be 
maintained over the required exterior way of exit access. There shall be 
no obstruction by railings, barriers, or gates that divide the open 
space into sections appurtenant to individual rooms, apartments, or 
other uses. Where the Assistant Secretary of Labor or his duly 
authorized representative finds the required path of travel to be 
obstructed by furniture or other movable objects, he may require that 
they be fastened out of the way or he may require that railings or other 
permanent barriers be installed to protect the path of travel against 
encroachment.
    (5) An exterior way of exit access shall be so arranged that there 
are no dead ends in excess of 20 feet. Any unenclosed exit served by an 
exterior way of exit access shall be so located that no part of the exit 
extends past a vertical plane 20 feet and one-half the required width of 
the exit from the end of and at right angles to the way of exit access.
    (6) Any gallery, balcony, bridge, porch, or other exterior exit 
access that projects beyond the outside wall of the building shall 
comply with the requirements of this section as to width and 
arrangement.
    (h) Discharge from exits. (1) All exits shall discharge directly to 
the street, or to a yard, court, or other open space that gives safe 
access to a public way. The streets to which the exits discharge shall 
be of width adequate to accommodate all persons leaving the building. 
Yards, courts, or other open spaces to which exits discharge shall also 
be of adequate width and size to provide all persons leaving the 
building with ready access to the street.
    (2) Stairs and other exits shall be so arranged as to make clear the 
direction of egress to the street. Exit stairs that continue beyond the 
floor of discharge shall be interrupted at the floor of discharge by 
partitions, doors, or other effective means.
    (i) Headroom. Means of egress shall be so designed and maintained as 
to provide adequate headroom, but in no case shall the ceiling height be 
less than 7 feet 6 inches nor any projection from the ceiling be less 
than 6 feet 8 inches from the floor.
    (j) Changes in elevation. Where a means of egress is not 
substantially level, such differences in elevation shall be negotiated 
by stairs or ramps.
    (k) Maintenance and workmanship. (1) Doors, stairs, ramps, passages, 
signs, and all other components of means of egress shall be of 
substantial, reliable construction and shall be built or installed in a 
workmanlike manner.
    (2) Means of egress shall be continuously maintained free of all 
obstructions or impediments to full instant use in the case of fire or 
other emergency.
    (3) Any device or alarm installed to restrict the improper use of an 
exit shall be so designed and installed that it cannot, even in cases of 
failure, impede or prevent emergency use of such exit.
    (l) Furnishings and decorations. (1) No furnishings, decorations, or 
other objects shall be so placed as to obstruct exits, access thereto, 
egress therefrom, or visibility thereof.
    (2) No furnishings or decorations of an explosive or highly 
flammable character shall be used in any occupancy.
    (m) Automatic sprinkler systems. All automatic sprinkler systems 
shall be continuously maintained in reliable operating condition at all 
times, and such periodic inspections and tests shall be made as are 
necessary to assure proper maintenance.

[[Page 155]]

    (n) Fire alarm signaling systems. The employer shall assure that 
fire alarm signaling systems are maintained and tested in accordance 
with the requirements of Sec. 1910.165(d).
    (o) Fire retardant paints. Fire retardant paints or solutions shall 
be renewed at such intervals as necessary to maintain the necessary 
flame retardant properties.
    (p) [Reserved]
    (q) Exit marking. (1) Exits shall be marked by a readily visible 
sign. Access to exits shall be marked by readily visible signs in all 
cases where the exit or way to reach it is not immediately visible to 
the occupants.
    (2) Any door, passage, or stairway which is neither an exit nor a 
way of exit access, and which is so located or arranged as to be likely 
to be mistaken for an exit, shall be identified by a sign reading ``Not 
an Exit'' or similar designation, or shall be identified by a sign 
indicating its actual character, such as ``To Basement,'' ``Storeroom,'' 
``Linen Closet,'' or the like.
    (3) Every required sign designating an exit or way of exit access 
shall be so located and of such size, color, and design as to be readily 
visible. No decorations, furnishings, or equipment which impair 
visibility of an exit sign shall be permitted, nor shall there be any 
brightly illuminated sign (for other than exit purposes), display, or 
object in or near the line of vision to the required exit sign of such a 
character as to so detract attention from the exit sign that it may not 
be noticed.
    (4) Every exit sign shall be distinctive in color and shall provide 
contrast with decorations, interior finish, or other signs.
    (5) A sign reading ``Exit'', or similar designation, with an arrow 
indicating the directions, shall be placed in every location where the 
direction of travel to reach the nearest exit is not immediately 
apparent.
    (6) Every exit sign shall be suitably illuminated by a reliable 
light source giving a value of not less than 5 foot-candles on the 
illuminated surface. Artificial lights giving illumination to exit signs 
other than the internally illuminated types shall have screens, discs, 
or lenses of not less than 25 square inches area made of translucent 
material to show red or other specified designating color on the side of 
the approach.
    (7) Each internally illuminated exit sign shall be provided in all 
occupancies where reduction of normal illumination is permitted.
    (8) Every exit sign shall have the word ``Exit'' in plainly legible 
letters not less than 6 inches high, with the principal strokes of 
letters not less than three-fourths-inch wide.

[39 FR 23502, June 27, 1974, as amended at 45 FR 60703, Sept. 12, 1980]



Sec. 1910.38  Employee emergency plans and fire prevention plans.

    (a) Emergency action plan--(1) Scope and application. This paragraph 
(a) applies to all emergency action plans required by a particular OSHA 
standard. The emergency action plan shall be in writing (except as 
provided in the last sentence of paragraph (a)(5)(iii) of this section) 
and shall cover those designated actions employers and employees must 
take to ensure employee safety from fire and other emergencies.
    (2) Elements. The following elements, at a minimum, shall be 
included in the plan:
    (i) Emergency escape procedures and emergency escape route 
assignments;
    (ii) Procedures to be followed by employees who remain to operate 
critical plant operations before they evacuate;
    (iii) Procedures to account for all employees after emergency 
evacuation has been completed;
    (iv) Rescue and medical duties for those employees who are to 
perform them;
    (v) The preferred means of reporting fires and other emergencies; 
and
    (vi) Names or regular job titles of persons or departments who can 
be contacted for further information or explanation of duties under the 
plan.
    (3) Alarm system. (i) The employer shall establish an employee alarm 
system which complies with Sec. 1910.165.
    (ii) If the employee alarm system is used for alerting fire brigade 
members, or for other purposes, a distinctive signal for each purpose 
shall be used.
    (4) Evacuation. The employer shall establish in the emergency action 
plan the types of evacuation to be used in emergency circumstances.

[[Page 156]]

    (5) Training. (i) Before implementing the emergency action plan, the 
employer shall designate and train a sufficient number of persons to 
assist in the safe and orderly emergency evacuation of employees.
    (ii) The employer shall review the plan with each employee covered 
by the plan at the following times:
    (A) Initially when the plan is developed,
    (B) Whenever the employee's responsibilities or designated actions 
under the plan change, and
    (C) Whenever the plan is changed.
    (iii) The employer shall review with each employee upon initial 
assignment those parts of the plan which the employee must know to 
protect the employee in the event of an emergency. The written plan 
shall be kept at the workplace and made available for employee review. 
For those employers with 10 or fewer employees the plan may be 
communicated orally to employees and the employer need not maintain a 
written plan.
    (b) Fire prevention plan--(1) Scope and application. This paragraph 
(b) applies to all fire prevention plans required by a particular OSHA 
standard. The fire prevention plan shall be in writing, except as 
provided in the last sentence of paragraph (b)(4)(ii) of this section.
    (2) Elements. The following elements, at a minimum, shall be 
included in the fire prevention plan:
    (i) A list of the major workplace fire hazards and their proper 
handling and storage procedures, potential ignition sources (such as 
welding, smoking and others) and their control procedures, and the type 
of fire protection equipment or systems which can control a fire 
involving them;
    (ii) Names or regular job titles of those personnel responsible for 
maintenance of equipment and systems installed to prevent or control 
ignitions or fires; and
    (iii) Names or regular job titles of those personnel responsible for 
control of fuel source hazards.
    (3) Housekeeping. The employer shall control accumulations of 
flammable and combustible waste materials and residues so that they do 
not contribute to a fire emergency. The housekeeping procedures shall be 
included in the written fire prevention plan.
    (4) Training. (i) The employer shall apprise employees of the fire 
hazards of the materials and processes to which they are exposed.
    (ii) The employer shall review with each employee upon initial 
assignment those parts of the fire prevention plan which the employee 
must know to protect the employee in the event of an emergency. The 
written plan shall be kept in the workplace and made available for 
employee review. For those employers with 10 or fewer employees, the 
plan may be communicated orally to employees and the employer need not 
maintain a written plan.
    (5) Maintenance. The employer shall regularly and properly maintain, 
according to established procedures, equipment and systems installed on 
heat producing equipment to prevent accidental ignition of combustible 
materials. The maintenance procedures shall be included in the written 
fire prevention plan.

[45 FR 60703, Sept. 12, 1980]

           Appendix to Subpart E to Part 1910--Means of Egress

    This appendix serves as a nonmandatory guideline to assist employers 
in complying with the appropriate requirements of subpart E.

                 Sec. 1910.38  Employee emergency plans.

    1. Emergency action plan elements. The emergency action plan should 
address emergencies that the employer may reasonably expect in the 
workplace. Examples are: fire; toxic chemical releases; hurricanes; 
tornadoes; blizzards; floods; and others. The elements of the emergency 
action plan presented in paragraph 1910.38(a)(2) can be supplemented by 
the following to more effectively achieve employee safety and health in 
an emergency. The employer should list in detail the procedures to be 
taken by those employees who have been selected to remain behind to care 
for essential plant operations until their evacuation becomes absolutely 
necessary. Essential plant operations may include the monitoring of 
plant power supplies, water supplies, and other essential services which 
cannot be shut down for every emergency alarm. Essential plant 
operations may also include chemical or manufacturing processes which 
must be shut down in stages or steps where certain employees must be 
present to assure that safe shut down procedures are completed.

[[Page 157]]

    The use of floor plans or workplace maps which clearly show the 
emergency escape routes should be included in the emergency action plan. 
Color coding will aid employees in determining their route assignments.
    The employer should also develop and explain in detail what rescue 
and medical first aid duties are to be performed and by whom. All 
employees are to be told what actions they are to take in these 
emergency situations that the employer anticipates may occur in the 
workplace.
    2. Emergency evacuation. At the time of an emergency, employees 
should know what type of evacuation is necessary and what their role is 
in carrying out the plan. In some cases where the emergency is very 
grave, total and immediate evacuation of all employees is necessary. In 
other emergencies, a partial evacuation of nonessential employees with a 
delayed evacuation of others may be necessary for continued plant 
operation. In some cases, only those employees in the immediate area of 
the fire may be expected to evacuate or move to a safe area such as when 
a local application fire suppression system discharge employee alarm is 
sounded. Employees must be sure that they know what is expected of them 
in all such emergency possibilities which have been planned in order to 
provide assurance of their safety from fire or other emergency.
    The designation of refuge or safe areas for evacuation should be 
determined and identified in the plan. In a building divided into fire 
zones by fire walls, the refuge area may still be within the same 
building but in a different zone from where the emergency occurs.
    Exterior refuge or safe areas may include parking lots, open fields 
or streets which are located away from the site of the emergency and 
which provide sufficient space to accommodate the employees. Employees 
should be instructed to move away from the exit discharge doors of the 
building, and to avoid congregating close to the building where they may 
hamper emergency operations.
    3. Emergency action plan training. The employer should assure that 
an adequate number of employees are available at all times during 
working hours to act as evacuation wardens so that employees can be 
swiftly moved from the danger location to the safe areas. Generally, one 
warden for each twenty employees in the workplace should be able to 
provide adequate guidance and instruction at the time of a fire 
emergency. The employees selected or who volunteer to serve as wardens 
should be trained in the complete workplace layout and the various 
alternative escape routes from the workplace. All wardens and fellow 
employees should be made aware of handicapped employees who may need 
extra assistance, such as using the buddy system, and of hazardous areas 
to be avoided during emergencies. Before leaving, wardens should check 
rooms and other enclosed spaces in the workplace for employees who may 
be trapped or otherwise unable to evacuate the area.
    After the desired degree of evacuation is completed, the wardens 
should be able to account for or otherwise verify that all employees are 
in the safe areas.
    In buildings with several places of employment, employers are 
encouraged to coordinate their plans with the other employers in the 
building. A building-wide or standardized plan for the whole building is 
acceptable provided that the employers inform their respective employees 
of their duties and responsibilities under the plan. The standardized 
plan need not be kept by each employer in the multi-employer building, 
provided there is an accessible location within the building where the 
plan can be reviewed by affected employees. When multi-employer 
building-wide plans are not feasible, employers should coordinate their 
plans with the other employers within the building to assure that 
conflicts and confusion are avoided during times of emergencies. In 
multi-story buildings where more than one employer is on a single floor, 
it is essential that these employers coordinate their plans with each 
other to avoid conflicts and confusion.
    4. Fire prevention housekeeping. The standard calls for the control 
of accumulations of flammable and combustible waste materials.
    It is the intent of this standard to assure that hazardous 
accumulations of combustible waste materials are controlled so that a 
fast developing fire, rapid spread of toxic smoke, or an explosion will 
not occur. This does not necessarily mean that each room has to be swept 
each day. Employers and employees should be aware of the hazardous 
properties of materials in their workplaces, and the degree of hazard 
each poses. Certainly oil soaked rags have to be treated differently 
than general paper trash in office areas. However, large accumulations 
of waste paper or corrugated boxes, etc., can pose a significant fire 
hazard. Accumulations of materials which can cause large fires or 
generate dense smoke that are easily ignited or may start from 
spontaneous combustion, are the types of materials with which this 
standard is concerned. Such combustible materials may be easily ignited 
by matches, welder's sparks, cigarettes and similar low level energy 
ignition sources.
    5. Maintenance of equipment under the fire prevention plan. Certain 
equipment is often installed in workplaces to control heat sources or to 
detect fuel leaks. An example is a temperature limit switch often found 
on deep-fat food fryers found in restaurants. There may be similar 
switches for high temperature dip tanks, or flame failure and flashback 
arrester devices on furnaces and similar heat producing equipment. If 
these devices are not properly maintained or if

[[Page 158]]

they become inoperative, a definite fire hazard exists. Again employees 
and supervisors should be aware of the specific type of control devices 
on equipment involved with combustible materials in the workplace and 
should make sure, through periodic inspection or testing, that these 
controls are operable. Manufacturers' recommendations should be followed 
to assure proper maintenance procedures.

[45 FR 60714, Sept. 12, 1980]



    Subpart F--Powered Platforms, Manlifts, and Vehicle-Mounted Work 
                                Platforms

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



Sec. 1910.66  Powered platforms for building maintenance.

    (a) Scope. This section covers powered platform installations 
permanently dedicated to interior or exterior building maintenance of a 
specific structure or group of structures. This section does not apply 
to suspended scaffolds (swinging scaffolds) used to service buildings on 
a temporary basis and covered under subpart D of this part, nor to 
suspended scaffolds used for construction work and covered under subpart 
L of 29 CFR part 1926. Building maintenance includes, but is not limited 
to, such tasks as window cleaning, caulking, metal polishing and 
reglazing.
    (b) Application--(1) New installations. This section applies to all 
permanent installations completed after July 23, 1990. Major 
modifications to existing installations completed after that date are 
also considered new installations under this section.
    (2) Existing installations. (i) Permanent installations in existence 
and/or completed before July 23, 1990 shall comply with paragraphs (g), 
(h), (i), (j) and appendix C of this section.
    (ii) In addition, permanent installations completed after August 27, 
1971, and in existence and/or completed before July 23, 1990, shall 
comply with appendix D of this section.
    (c) Assurance. (1) Building owners of new installations shall inform 
the employer before each use in writing that the installation meets the 
requirements of paragraphs (e)(1) and (f)(1) of this section and the 
additional design criteria contained in other provisions of paragraphs 
(e) and (f) of this section relating to: required load sustaining 
capabilities of platforms, building components, hoisting and supporting 
equipment; stability factors for carriages, platforms and supporting 
equipment; maximum horizontal force for movement of carriages and 
davits; design of carriages, hoisting machines, wire rope and 
stabilization systems; and design criteria for electrical wiring and 
equipment.
    (2) Building owners shall base the information required in paragraph 
(c)(1) of this section on the results of a field test of the 
installation before being placed into service and following any major 
alteration to an existing installation, as required in paragraph (g)(1) 
of this section. The assurance shall also be based on all other relevant 
available information, including, but not limited to, test data, 
equipment specifications and verification by a registered professional 
engineer.
    (3) Building owners of all installations, new and existing, shall 
inform the employer in writing that the installation has been inspected, 
tested and maintained in compliance with the requirements of paragraphs 
(g) and (h) of this section and that all protection anchorages meet the 
requirements of paragraph (I)(c)(10) of appendix C.
    (4) The employer shall not permit employees to use the installation 
prior to receiving assurance from the building owner that the 
installation meets the requirements contained in paragraphs (c)(1) and 
(c)(3) of this section.
    (d) Definitions.
    Anemometer means an instrument for measuring wind velocity.
    Angulated roping means a suspension method where the upper point of 
suspension is inboard from the attachments on the suspended unit, thus 
causing the suspended unit to bear against the face of the building.
    Building face roller means a rotating cylindrical member designed to 
ride on the face of the building wall to prevent the platform from 
abrading the face of

[[Page 159]]

the building and to assist in stabilizing the platform.
    Building maintenance means operations such as window cleaning, 
caulking, metal polishing, reglazing, and general maintenance on 
building surfaces.
    Cable means a conductor, or group of conductors, enclosed in a 
weatherproof sheath, that may be used to supply electrical power and/or 
control current for equipment or to provide voice communication 
circuits.
    Carriage means a wheeled vehicle used for the horizontal movement 
and support of other equipment.
    Certification means a written, signed and dated statement confirming 
the performance of a requirement of this section.
    Combination cable means a cable having both steel structural members 
capable of supporting the platform, and copper or other electrical 
conductors insulated from each other and the structural members by 
nonconductive barriers.
    Competent person means a person who, because of training and 
experience, is capable of identifying hazardous or dangerous conditions 
in powered platform installations and of training employees to identify 
such conditions.
    Continuous pressure means the need for constant manual actuation for 
a control to function.
    Control means a mechanism used to regulate or guide the operation of 
the equipment.
    Davit means a device, used singly or in pairs, for suspending a 
powered platform from work, storage and rigging locations on the 
building being serviced. Unlike outriggers, a davit reacts its operating 
load into a single roof socket or carriage attachment.
    Equivalent means alternative designs, materials or methods which the 
employer can demonstrate will provide an equal or greater degree of 
safety for employees than the methods, materials or designs specified in 
the standard.
    Ground rigging means a method of suspending a working platform 
starting from a safe surface to a point of suspension above the safe 
surface.
    Ground rigged davit means a davit which cannot be used to raise a 
suspended working platform above the building face being serviced.
    Guide button means a building face anchor designed to engage a guide 
track mounted on a platform.
    Guide roller means a rotating cylindrical member, operating 
separately or as part of a guide assembly, designed to provide 
continuous engagement between the platform and the building guides or 
guideways.
    Guide shoe means a device attached to the platform designed to 
provide a sliding contact between the platform and the building guides.
    Hoisting machine means a device intended to raise and lower a 
suspended or supported unit.
    Hoist rated load means the hoist manufacturer's maximum allowable 
operating load.
    Installation means all the equipment and all affected parts of a 
building which are associated with the performance of building 
maintenance using powered platforms.
    Interlock means a device designed to ensure that operations or 
motions occur in proper sequence.
    Intermittent stabilization means a method of platform stabilization 
in which the angulated suspension wire rope(s) are secured to regularly 
spaced building anchors.
    Lanyard means a flexible line of rope, wire rope or strap which is 
used to secure the body belt or body harness to a deceleration device, 
lifeline or anchorage.
    Lifeline means a component consisting of a flexible line for 
connection to an anchorage at one end to hang vertically (vertical 
lifeline), or for connection to anchorages at both ends to stretch 
horizontally (horizontal lifeline), and which serves as a means for 
connecting other components of a personal fall arrest system to the 
anchorage.
    Live load means the total static weight of workers, tools, parts, 
and supplies that the equipment is designed to support.
    Obstruction detector means a control that will stop the suspended or 
supported unit in the direction of travel if an obstruction is 
encountered, and will allow the unit to move only in a direction away 
from the obstruction.

[[Page 160]]

    Operating control means a mechanism regulating or guiding the 
operation of equipment that ensures a specific operating mode.
    Operating device means a device actuated manually to activate a 
control.
    Outrigger means a device, used singly or in pairs, for suspending a 
working platform from work, storage, and rigging locations on the 
building being serviced. Unlike davits, an outrigger reacts its 
operating moment load as at least two opposing vertical components 
acting into two or more distinct roof points and/or attachments.
    Platform rated load means the combined weight of workers, tools, 
equipment and other material which is permitted to be carried by the 
working platform at the installation, as stated on the load rating 
plate.
    Poured socket means the method of providing wire rope terminations 
in which the ends of the rope are held in a tapered socket by means of 
poured spelter or resins.
    Primary brake means a brake designed to be applied automatically 
whenever power to the prime mover is interrupted or discontinued.
    Prime mover means the source of mechanical power for a machine.
    Rated load means the manufacturer's recommended maximum load.
    Rated strength means the strength of wire rope, as designated by its 
manufacturer or vendor, based on standard testing procedures or 
acceptable engineering design practices.
    Rated working load means the combined static weight of men, 
materials, and suspended or supported equipment.
    Registered professional engineer means a person who has been duly 
and currently registered and licensed by an authority within the United 
States or its territories to practice the profession of engineering.
    Roof powered platform means a working platform where the hoist(s) 
used to raise or lower the platform is located on the roof.
    Roof rigged davit means a davit used to raise the suspended working 
platform above the building face being serviced. This type of davit can 
also be used to raise a suspended working platform which has been 
ground-rigged.
    Rope means the equipment used to suspend a component of an equipment 
installation, i.e., wire rope.
    Safe surface means a horizontal surface intended to be occupied by 
personnel, which is so protected by a fall protection system that it can 
be reasonably assured that said occupants will be protected against 
falls.
    Secondary brake means a brake designed to arrest the descent of the 
suspended or supported equipment in the event of an overspeed condition.
    Self powered platform means a working platform where the hoist(s) 
used to raise or lower the platform is mounted on the platform.
    Speed reducer means a positive type speed reducing machine.
    Stability factor means the ratio of the stabilizing moment to the 
overturning moment.
    Stabilizer tie means a flexible line connecting the building anchor 
and the suspension wire rope supporting the platform.
    Supported equipment means building maintenance equipment that is 
held or moved to its working position by means of attachment directly to 
the building or extensions of the building being maintained.
    Suspended equipment means building maintenance equipment that is 
suspended and raised or lowered to its working position by means of 
ropes or combination cables attached to some anchorage above the 
equipment.
    Suspended scaffold (swinging scaffold) means a scaffold supported on 
wire or other ropes, used for work on, or for providing access to, 
vertical sides of structures on a temporary basis. Such scaffold is not 
designed for use on a specific structure or group of structures.
    Tail line means the nonsupporting end of the wire rope used to 
suspend the platform.
    Tie-in guides means the portion of a building that provides 
continuous positive engagement between the building and a suspended or 
supported unit during its vertical travel on the face of the building.
    Traction hoist means a type of hoisting machine that does not 
accumulate the suspension wire rope on the hoisting drum or sheave, and 
is designed to

[[Page 161]]

raise and lower a suspended load by the application of friction forces 
between the suspension wire rope and the drum or sheave.
    Transportable outriggers means outriggers designed to be moved from 
one work location to another.
    Trolley carriage means a carriage suspended from an overhead track 
structure.
    Verified means accepted by design, evaluation, or inspection by a 
registered professional engineer.
    Weatherproof means so constructed that exposure to adverse weather 
conditions will not affect or interfere with the proper use or functions 
of the equipment or component.
    Winding drum hoist means a type of hoisting machine that accumulates 
the suspension wire rope on the hoisting drum.
    Working platform means suspended or supported equipment intended to 
provide access to the face of a building and manned by persons engaged 
in building maintenance.
    Wrap means one complete turn of the suspension wire rope around the 
surface of a hoist drum.
    (e) Powered platform installations--Affected parts of buildings--(1) 
General requirements. The following requirements apply to affected parts 
of buildings which utilize working platforms for building maintenance.
    (i) Structural supports, tie-downs, tie-in guides, anchoring devices 
and any affected parts of the building included in the installation 
shall be designed by or under the direction of a registered professional 
engineer experienced in such design;
    (ii) Exterior installations shall be capable of withstanding 
prevailing climatic conditions;
    (iii) The building installation shall provide safe access to, and 
egress from, the equipment and sufficient space to conduct necessary 
maintenance of the equipment;
    (iv) The affected parts of the building shall have the capability of 
sustaining all the loads imposed by the equipment; and,
    (v) The affected parts of the building shall be designed so as to 
allow the equipment to be used without exposing employees to a hazardous 
condition.
    (2) Tie-in guides. (i) The exterior of each building shall be 
provided with tie-in guides unless the conditions in paragraph 
(e)(2)(ii) or (e)(2)(iii) of this section are met.

    Note: See Figure 1 in appendix B of this section for a description 
of a typical continuous stabilization system utilizing tie-in guides.

    (ii) If angulated roping is employed, tie-in guides required in 
paragraph (e)(2)(i) of this section may be eliminated for not more than 
75 feet (22.9 m) of the uppermost elevation of the building, if 
infeasible due to exterior building design, provided an angulation force 
of at least 10 pounds (44.4 n) is maintained under all conditions of 
loading.
    (iii) Tie-in guides required in paragraph (e)(2)(i) of this section 
may be eliminated if one of the guide systems in paragraph 
(e)(2)(iii)(A), (e)(2)(iii)(B) or (e)(2)(iii)(C) of this section is 
provided, or an equivalent.
    (A) Intermittent stabilization system. The system shall keep the 
equipment in continuous contact with the building facade, and shall 
prevent sudden horizontal movement of the platform. The system may be 
used together with continuous positive building guide systems using tie-
in guides on the same building, provided the requirements for each 
system are met.
    (1) The maximum vertical interval between building anchors shall be 
three floors or 50 feet (15.3 m), whichever is less.
    (2) Building anchors shall be located vertically so that attachment 
of the stabilizer ties will not cause the platform suspension ropes to 
angulate the platform horizontally across the face of the building. The 
anchors shall be positioned horizontally on the building face so as to 
be symmetrical about the platform suspension ropes.
    (3) Building anchors shall be easily visible to employees and shall 
allow a stabilizer tie attachment for each of the platform suspension 
ropes at each vertical interval. If more than two suspension ropes are 
used on a platform, only the two building-side suspension ropes at the 
platform ends shall require a stabilizer attachment.
    (4) Building anchors which extend beyond the face of the building 
shall be

[[Page 162]]

free of sharp edges or points. Where cables, suspension wire ropes and 
lifelines may be in contact with the building face, external building 
anchors shall not interfere with their handling or operation.
    (5) The intermittent stabilization system building anchors and 
components shall be capable of sustaining without failure at least four 
times the maximum anticipated load applied or transmitted to the 
components and anchors. The minimum design wind load for each anchor 
shall be 300 (1334 n) pounds, if two anchors share the wind load.
    (6) The building anchors and stabilizer ties shall be capable of 
sustaining anticipated horizontal and vertical loads from winds 
specified for roof storage design which may act on the platform and wire 
ropes if the platform is stranded on a building face. If the building 
anchors have different spacing than the suspension wire rope or if the 
building requires different suspension spacings on one platform, one 
building anchor and stabilizer tie shall be capable of sustaining the 
wind loads.

    Note: See Figure 2 in appendix B of this section for a description 
of a typical intermittent stabilization system.

    (B) Button guide stabilization system.
    (1) Guide buttons shall be coordinated with platform mounted 
equipment of paragraph (f)(5)(vi) of this section.
    (2) Guide buttons shall be located horizontally on the building face 
so as to allow engagement of each of the guide tracks mounted on the 
platform.
    (3) Guide buttons shall be located in vertical rows on the building 
face for proper engagement of the guide tracks mounted on the platform.
    (4) Two guide buttons shall engage each guide track at all times 
except for the initial engagement.
    (5) Guide buttons which extend beyond the face of the building shall 
be free of sharp edges or points. Where cables, ropes and lifelines may 
be in contact with the building face, guide buttons shall not interfere 
with their handling or operation.
    (6) Guide buttons, connections and seals shall be capable of 
sustaining without damage at least the weight of the platform, or 
provision shall be made in the guide tracks or guide track connectors to 
prevent the platform and its attachments from transmitting the weight of 
the platform to the guide buttons, connections and seals. In either 
case, the minimum design load shall be 300 pounds (1334 n) per building 
anchor.

    Note: See paragraph (f)(5)(vi) of this section for relevant 
equipment provisions.
    Note: See Figure 3 in appendix B of this section for a a description 
of a typical button guide stabilization system.

    (C) System utilizing angulated roping and building face rollers. The 
system shall keep the equipment in continuous contact with the building 
facade, and shall prevent sudden horizontal movement of the platform. 
This system is acceptable only where the suspended portion of the 
equipment in use does not exceed 130 feet (39.6 m) above a safe surface 
or ground level, and where the platform maintains no less than 10 pounds 
(44.4 n) angulation force on the building facade.
    (iv) Tie-in guides for building interiors (atriums) may be 
eliminated when a registered professional engineer determines that an 
alternative stabilization system, including systems in paragraphs 
(e)(2)(iii) (A), (B) and (C), or a platform tie-off at each work station 
will provide equivalent safety.
    (3) Roof guarding. (i) Employees working on roofs while performing 
building maintenance shall be protected by a perimeter guarding system 
which meets the requirements of paragraph (c)(1) of Sec. 1910.23 of this 
part.
    (ii) The perimeter guard shall not be more than six inches (152 mm) 
inboard of the inside face of a barrier, i.e. the parapet wall, or roof 
edge curb of the building being serviced; however, the perimeter guard 
location shall not exceed an 18 inch (457 mm) setback from the exterior 
building face.
    (4) Equipment stops. Operational areas for trackless type equipment 
shall be provided with structural stops, such as curbs, to prevent 
equipment from traveling outside its intended travel areas and to 
prevent a crushing or shearing hazard.
    (5) Maintenance access. Means shall be provided to traverse all 
carriages and

[[Page 163]]

their suspended equipment to a safe area for maintenance and storage.
    (6) Elevated track. (i) An elevated track system which is located 
four feet (1.2 m) or more above a safe surface, and traversed by 
carriage supported equipment, shall be provided with a walkway and 
guardrail system; or
    (ii) The working platform shall be capable of being lowered, as part 
of its normal operation, to the lower safe surface for access and egress 
of the personnel and shall be provided with a safe means of access and 
egress to the lower safe surface.
    (7) Tie-down anchors. Imbedded tie-down anchors, fasteners, and 
affected structures shall be resistant to corrosion.
    (8) Cable stabilization. (i) Hanging lifelines and all cables not in 
tension shall be stabilized at each 200 foot (61 m) interval of vertical 
travel of the working platform beyond an initial 200 foot (61 m) 
distance.
    (ii) Hanging cables, other than suspended wire ropes, which are in 
constant tension shall be stabilized when the vertical travel exceeds an 
initial 600 foot (183 m) distance, and at further intervals of 600 feet 
(183 m) or less.
    (9) Emergency planning. A written emergency action plan shall be 
developed and implemented for each kind of working platform operation. 
This plan shall explain the emergency procedures which are to be 
followed in the event of a power failure, equipment failure or other 
emergencies which may be encountered. The plan shall also explain that 
employees inform themselves about the building emergency escape routes, 
procedures and alarm systems before operating a platform. Upon initial 
assignment and whenever the plan is changed the employer shall review 
with each employee those parts of the plan which the employee must know 
to protect himself or herself in the event of an emergency.
    (10) Building maintenance. Repairs or major maintenance of those 
building portions that provide primary support for the suspended 
equipment shall not affect the capability of the building to meet the 
requirements of this standard.
    (11) Electrical requirements. The following electrical requirements 
apply to buildings which utilize working platforms for building 
maintenance.
    (i) General building electrical installations shall comply with 
Secs. 1910.302 through 1910.308 of this part, unless otherwise specified 
in this section;
    (ii) Building electrical wiring shall be of such capacity that when 
full load is applied to the equipment power circuit not more than a five 
percent drop from building service-vault voltage shall occur at any 
power circuit outlet used by equipment regulated by this section;
    (iii) The equipment power circuit shall be an independent electrical 
circuit that shall remain separate from all other equipment within or on 
the building, other than power circuits used for hand tools that will be 
used in conjunction with the equipment. If the building is provided with 
an emergency power system, the equipment power circuit may also be 
connected to this system;
    (iv) The power circuit shall be provided with a disconnect switch 
that can be locked in the ``OFF'' and ``ON'' positions. The switch shall 
be conveniently located with respect to the primary operating area of 
the equipment to allow the operators of the equipment access to the 
switch;
    (v) The disconnect switch for the power circuit shall be locked in 
the ``ON'' position when the equipment is in use; and
    (vi) An effective two-way voice communication system shall be 
provided between the equipment operators and persons stationed within 
the building being serviced. The communications facility shall be 
operable and shall be manned at all times by persons stationed within 
the building whenever the platform is being used.
    (f) Powered platform installations--Equipment--(1) General 
requirements. The following requirements apply to equipment which are 
part of a powered platform installation, such as platforms, stabilizing 
components, carriages, outriggers, davits, hoisting machines, wire ropes 
and electrical components.
    (i) Equipment installations shall be designed by or under the 
direction of a registered professional engineer experienced in such 
design;

[[Page 164]]

    (ii) The design shall provide for a minimum live load of 250 pounds 
(113.6 kg) for each occupant of a suspended or supported platform;
    (iii) Equipment that is exposed to wind when not in service shall be 
designed to withstand forces generated by winds of at least 100 miles 
per hour (44.7 m/s) at 30 feet (9.2 m) above grade; and
    (iv) Equipment that is exposed to wind when in service shall be 
designed to withstand forces generated by winds of at least 50 miles per 
hour (22.4 m/s) for all elevations.
    (2) Construction requirements. Bolted connections shall be self-
locking or shall otherwise be secured to prevent loss of the connections 
by vibration.
    (3) Suspension methods. Elevated building maintenance equipment 
shall be suspended by a carriage, outriggers, davits or an equivalent 
method.
    (i) Carriages. Carriages used for suspension of elevated building 
maintenance equipment shall comply with the following:
    (A) The horizontal movement of a carriage shall be controlled so as 
to ensure its safe movement and allow accurate positioning of the 
platform for vertical travel or storage;
    (B) Powered carriages shall not exceed a traversing speed of 50 feet 
per minute (0.3 m/s);
    (C) The initiation of a traversing movement for a manually propelled 
carriage on a smooth level surface shall not require a person to exert a 
horizontal force greater than 40 pounds (444.8 n);
    (D) Structural stops and curbs shall be provided to prevent the 
traversing of the carriage beyond its designed limits of travel;
    (E) Traversing controls for a powered carriage shall be of a 
continuous pressure weatherproof type. Multiple controls when provided 
shall be arranged to permit operation from only one control station at a 
time. An emergency stop device shall be provided on each end of a 
powered carriage for interrupting power to the carriage drive motors;
    (F) The operating controls(s) shall be so connected that in the case 
of suspended equipment, traversing of a carriage is not possible until 
the suspended portion of the equipment is located at its uppermost 
designed position for traversing; and is free of contact with the face 
of the building or building guides. In addition, all protective devices 
and interlocks are to be in the proper position to allow traversing of 
the carriage;
    (G) Stability for underfoot supported carriages shall be obtained by 
gravity, by an attachment to a structural support, or by a combination 
of gravity and a structural support. The use of flowing counterweights 
to achieve stability is prohibited.
    (1) The stability factor against overturning shall not be less than 
two for horizontal traversing of the carriage, including the effects of 
impact and wind.
    (2) The carriages and their anchorages shall be capable of resisting 
accidental over-tensioning of the wire ropes suspending the working 
platform, and this calculated value shall include the effect of one and 
one-half times the stall capacity of the hoist motor. All parts of the 
installation shall be capable of withstanding without damage to any part 
of the installation the forces resulting from the stall load of the 
hoist and one half the wind load.
    (3) Roof carriages which rely on having tie-down devices secured to 
the building to develop the required stability against overturning shall 
be provided with an interlock which will prevent vertical platform 
movement unless the tie-down is engaged;
    (H) An automatically applied braking or locking system, or 
equivalent, shall be provided that will prevent unintentional traversing 
of power traversed or power assisted carriages;
    (I) A manual or automatic braking or locking system or equivalent, 
shall be provided that will prevent unintentional traversing of manually 
propelled carriages;
    (J) A means to lock out the power supply for the carriage shall be 
provided;
    (K) Safe access to and egress from the carriage shall be provided 
from a safe surface. If the carriage traverses an elevated area, any 
operating area on the carriage shall be protected by a guardrail system 
in compliance with the provisions of paragraph (f)(5)(i)(F)

[[Page 165]]

of this section. Any access gate shall be self-closing and self-
latching, or provided with an interlock;
    (L) Each carriage work station position shall be identified by 
location markings and/or position indicators; and
    (M) The motors shall stall if the load on the hoist motors is at any 
time in excess of three times that necessary for lifting the working 
platform with its rated load.
    (ii) Transportable outriggers. (A) Transportable outriggers may be 
used as a method of suspension for ground rigged working platforms where 
the point of suspension does not exceed 300 feet (91.5 m) above a safe 
surface. Tie-in guide system(s) shall be provided which meet the 
requirements of paragraph (e)(2) of this section.
    (B) Transportable outriggers shall be used only with self-powered, 
ground rigged working platforms.
    (C) Each transportable outrigger shall be secured with a tie-down to 
a verified anchorage on the building during the entire period of its 
use. The anchorage shall be designed to have a stability factor of not 
less than four against overturning or upsetting of the outrigger.
    (D) Access to and egress from the working platform shall be from and 
to a safe surface below the point of suspension.
    (E) Each transportable outrigger shall be designed for lateral 
stability to prevent roll-over in the event an accidental lateral load 
is applied to the outrigger. The accidental lateral load to be 
considered in this design shall be not less than 70 percent of the rated 
load of the hoist.
    (F) Each transportable outrigger shall be designed to support an 
ultimate load of not less than four times the rated load of the hoist.
    (G) Each transportable outrigger shall be so located that the 
suspension wire ropes for two point suspended working platforms are hung 
parallel.
    (H) A transportable outrigger shall be tied-back to a verified 
anchorage on the building with a rope equivalent in strength to the 
suspension rope.
    (I) The tie-back rope shall be installed parallel to the centerline 
of the outrigger.
    (iii) Davits. (A) Every davit installation, fixed or transportable, 
rotatable or non-rotatable shall be designed and installed to insure 
that it has a stability factor against overturning of not less than 
four.
    (B) The following requirements apply to roof rigged davit systems:
    (1) Access to and egress from the working platform shall be from a 
safe surface. Access or egress shall not require persons to climb over a 
building's parapet or guard railing; and
    (2) The working platform shall be provided with wheels, casters or a 
carriage for traversing horizontally.
    (C) The following requirements apply to ground rigged davit systems:
    (1) The point of suspension shall not exceed 300 feet (91.5 m) above 
a safe surface. Guide system(s) shall be provided which meet the 
requirements of paragraph (e)(2) of this section;
    (2) Access and egress to and from the working platform shall only be 
from a safe surface below the point of suspension.
    (D) A rotating davit shall not require a horizontal force in excess 
of 40 pounds (177.9 n) per person to initiate a rotating movement.
    (E) The following requirements shall apply to transportable davits:
    (1) A davit or part of a davit weighing more than 80 pounds (36 kg) 
shall be provided with a means for its transport, which shall keep the 
center of gravity of the davit at or below 36 inches (914 mm) above the 
safe surface during transport;
    (2) A davit shall be provided with a pivoting socket or with a base 
that will allow the insertion or removal of a davit at a position of not 
more than 35 degrees above the horizontal, with the complete davit 
inboard of the building face being serviced; and
    (3) Means shall be provided to lock the davit to its socket or base 
before it is used to suspend the platform.
    (4) Hoisting machines. (i) Raising and lowering of suspended or 
supported equipment shall be performed only by a hoisting machine.
    (ii) Each hoisting machine shall be capable of arresting any 
overspeed descent of the load.

[[Page 166]]

    (iii) Each hoisting machine shall be powered only by air, electric 
or hydraulic sources.
    (iv) Flammable liquids shall not be carried on the working platform.
    (v) Each hoisting machine shall be capable of raising or lowering 
125 percent of the rated load of the hoist.
    (vi) Moving parts of a hoisting machine shall be enclosed or guarded 
in compliance with paragraphs (a)(1) and (2) of Sec. 1910.212 of this 
part.
    (vii) Winding drums, traction drums and sheaves and directional 
sheaves used in conjunction with hoisting machines shall be compatible 
with, and sized for, the wire rope used.
    (viii) Each winding drum shall be provided with a positive means of 
attaching the wire rope to the drum. The attachment shall be capable of 
developing at least four times the rated load of the hoist.
    (ix) Each hoisting machine shall be provided with a primary brake 
and at least one independent secondary brake, each capable of stopping 
and holding not less than 125 percent of the lifting capacity of the 
hoist.
    (A) The primary brake shall be directly connected to the drive train 
of the hoisting machine, and shall not be connected through belts, 
chains, clutches, or set screw type devices. The brake shall 
automatically set when power to the prime mover is interrupted.
    (B)(1) The secondary brake shall be an automatic emergency type of 
brake that, if actuated during each stopping cycle, shall not engage 
before the hoist is stopped by the primary brake.
    (2) When a secondary brake is actuated, it shall stop and hold the 
platform within a vertical distance of 24 inches (609.6 mm).
    (x) Any component of a hoisting machine which requires lubrication 
for its protection and proper functioning shall be provided with a means 
for that lubrication to be applied.
    (5) Suspended equipment--(i) General requirements. (A) Each 
suspended unit component, except suspension ropes and guardrail systems, 
shall be capable of supporting, without failure, at least four times the 
maximum intended live load applied or transmitted to that component.
    (B) Each suspended unit component shall be constructed of materials 
that will withstand anticipated weather conditions.
    (C) Each suspended unit shall be provided with a load rating plate, 
conspicuously located, stating the unit weight and rated load of the 
suspended unit.
    (D) When the suspension points on a suspended unit are not at the 
unit ends, the unit shall be capable of remaining continuously stable 
under all conditions of use and position of the live load, and shall 
maintain at least a 1.5 to 1 stability factor against unit upset.
    (E) Guide rollers, guide shoes or building face rollers shall be 
provided, and shall compensate for variations in building dimensions and 
for minor horizontal out-of-level variations of each suspended unit.
    (F) Each working platform of a suspended unit shall be secured to 
the building facade by one or more of the following methods, or by an 
equivalent method:
    (1) Continuous engagement to building anchors as provided in 
paragraph (e)(2)(i) of this section;
    (2) Intermittent engagement to building anchors as provided in 
paragraph (e)(2)(iii)(A) of this section;
    (3) Button guide engagement as provided in paragraph (e)(2)(iii)(B) 
of this section; or
    (4) Angulated roping and building face rollers as provided in 
paragraph (e)(2)(iii)(C) of this section.
    (G) Each working platform of a suspended unit shall be provided with 
a guardrail system on all sides which shall meet the following 
requirements:
    (1) The system shall consist of a top guardrail, midrail, and a 
toeboard;
    (2) The top guardrail shall not be less than 36 inches (914 mm) high 
and shall be able to withstand at least a 100-pound (444 n) force in any 
downward or outward direction;
    (3) The midrail shall be able to withstand at least a 75-pound (333 
n) force in any downward or outward direction; and
    (4) The areas between the guardrail and toeboard on the ends and 
outboard side, and the area between the midrail and toeboard on the 
inboard side, shall

[[Page 167]]

be closed with a material that is capable of withstanding a load of 100 
pounds (45.4 KG.) applied horizontally over any area of one square foot 
(.09 m\2\). The material shall have all openings small enough to reject 
passage of life lines and potential falling objects which may be 
hazardous to persons below.
    (5) Toeboards shall be capable of withstanding, without failure, a 
force of at least 50 pounds (222 n) applied in any downward or 
horizontal direction at any point along the toeboard.
    (6) Toeboards shall be three and one-half inches (9 cm) minimum in 
length from their top edge to the level of the platform floor.
    (7) Toeboards shall be securely fastened in place at the outermost 
edge of the platform and have no more than one-half inch (1.3 cm) 
clearance above the platform floor.
    (8) Toeboards shall be solid or with an opening not over one inch 
(2.5 cm) in the greatest dimension.
    (ii) Two and four-point suspended working platforms. (A) The working 
platform shall be not less than 24 inches (610 mm) wide and shall be 
provided with a minimum of a 12 inch (305 mm) wide passage at or past 
any obstruction on the platform.
    (B) The flooring shall be of a slip-resistant type and shall contain 
no opening that would allow the passage of life lines, cables and other 
potential falling objects. If a larger opening is provided, it shall be 
protected by placing a material under the opening which shall prevent 
the passage of life lines, cables and potential falling objects.
    (C) The working platfrom shall be provided with a means of 
suspension that will restrict the platform's inboard to outboard roll 
about its longitudinal axis to a maximum of 15 degrees from a horizontal 
plane when moving the live load from the inboard to the outboard side of 
the platform.
    (D) Any cable suspended from above the platform shall be provided 
with a means for storage to prevent accumulation of the cable on the 
floor of the platform.
    (E) All operating controls for the vertical travel of the platform 
shall be of the continuous-pressure type, and shall be located on the 
platform.
    (F) Each operating station of every working platform shall be 
provided with a means of interrupting the power supply to all hoist 
motors to stop any further powered ascent or descent of the platform.
    (G) The maximum rated speed of the platform shall not exceed 50 feet 
per minute (0.3 ms) with single speed hoists, nor 75 feet per minute 
(0.4 ms) with multi-speed hoists.
    (H) Provisions shall be made for securing all tools, water tanks, 
and other accessories to prevent their movement or accumulation on the 
floor of the platform.
    (I) Portable fire extinguishers conforming to the provisions of 
Sec. 1910.155 and Sec. 1910.157 of this part shall be provided and 
securely attached on all working platforms.
    (J) Access to and egress from a working platfrom, except for those 
that land directly on a safe surface, shall be provided by stairs, 
ladders, platforms and runways conforming to the provisions of subpart D 
of this part. Access gates shall be self-closing and self-latching.
    (K) Means of access to or egress from a working platform which is 48 
inches (1.2 m) or more above a safe surface shall be provided with a 
guardrail system or ladder handrails that conform to the provisions of 
subpart D of this part.
    (L) The platform shall be provided with a secondary wire rope 
suspension system if the platform contains overhead structures which 
restrict the emergency egress of employees. A horizontal lifeline or a 
direct connection anchorage shall be provided, as part of a fall arrest 
system which meets the requirements of appendix C, for each employee on 
such a platform.
    (M) A vertical lifeline shall be provided as part of a fall arrest 
system which meets the requirements of appendix C, for each employee on 
a working platform suspended by two or more wire ropes, if the failure 
of one wire rope or suspension attachment will cause the platform to 
upset. If a secondary wire rope suspension is used, vertical lifelines 
are not required for the fall arrest system, provided that each employee 
is attached to a horizontal lifeline anchored to the platform.

[[Page 168]]

    (N) An emergency electric operating device shall be provided on roof 
powered platforms near the hoisting machine for use in the event of 
failure of the normal operating device located on the working platform, 
or failure of the cable connected to the platform. The emergency 
electric operating device shall be mounted in a secured compartment, and 
the compartment shall be labeled with instructions for use. A means for 
opening the compartment shall be mounted in a break-glass receptable 
located near the emergency electric operating device or in an equivalent 
secure and accessible location.
    (iii) Single point suspended working platforms. (A) The requirements 
of paragraphs (f)(5)(ii) (A) through (K) of this section shall also 
apply to a single point working platform.
    (B) Each single point suspended working platform shall be provided 
with a secondary wire rope suspension system, which will prevent the 
working platform from falling should there be a failure of the primary 
means of support, or if the platform contains overhead structures which 
restrict the egress of the employees. A horizontal life line or a direct 
connection anchorage shall be provided, as part of a fall arrest system 
which meets the requirements of appendix C, for each employee on the 
platform.
    (iv) Ground-rigged working platforms. (A) Groundrigged working 
platforms shall comply with all the requirements of paragraphs 
(f)(5)(ii) (A) through (M) of this section.
    (B) After each day's use, the power supply within the building shall 
be disconnected from a ground-rigged working platform, and the platform 
shall be either disengaged from its suspension points or secured and 
stored at grade.
    (v) Intermittently stabilized platforms. (A) The platform shall 
comply with paragraphs (F)(5)(ii) (A) through (M) of this section.
    (B) Each stabilizer tie shall be equipped with a ``quick connect-
quick disconnect'' device which cannot be accidently disengaged, for 
attachment to the building anchor, and shall be resistant to adverse 
environmental conditions.
    (C) The platform shall be provided with a stopping device that will 
interrupt the hoist power supply in the event the platform contacts a 
stabilizer tie during its ascent.
    (D) Building face rollers shall not be placed at the anchor setting 
if exterior anchors are used on the building face.
    (E) Stabilizer ties used on intermittently stabilized platforms 
shall allow for the specific attachment length needed to effect the 
predetermined angulation of the suspended wire rope. The specific 
attachment length shall be maintained at all building anchor locations.
    (F) The platform shall be in continuous contact with the face of the 
building during ascent and descent.
    (G) The attachment and removal of stabilizer ties shall not require 
the horizontal movement of the platform.
    (H) The platform-mounted equipment and its suspension wire ropes 
shall not be physically damaged by the loads from the stabilizer tie or 
its building anchor. The platform, platform mounted equipment and wire 
ropes shall be able to withstand a load that is at least twice the 
ultimate strength of the stabilizer tie.

    Note: See Figure II in appendix B of this section for a description 
of a typical intermittent stabilization system.

    (vi) Button-guide stabilized platforms. (A) The platform shall 
comply with paragraphs (f)(5)(ii) (A) through (M) of this section.
    (B) Each guide track on the platform shall engage a minimum of two 
guide buttons during any vertical travel of the platform following the 
initial button engagement.
    (C) Each guide track on a platform that is part of a roof rigged 
system shall be provided with a storage position on the platform.
    (D) Each guide track on the platform shall be sufficiently 
maneuverable by platform occupants to permit easy engagement of the 
guide buttons, and easy movement into and out of its storage position on 
the platform.
    (E) Two guide tracks shall be mounted on the platform and shall 
provide continuous contact with the building face.
    (F) The load carrying components of the button guide stabilization 
system

[[Page 169]]

which transmit the load into the platform shall be capable of supporting 
the weight of the platform, or provision shall be made in the guide 
track connectors or platform attachments to prevent the weight of the 
platform from being transmitted to the platform attachments.

    Note: See Figure III in appendix B of this section for a description 
of a typical button guide stabilization system.

    (6) Supported equipment. (i) Supported equipment shall maintain a 
vertical position in respect to the face of the building by means other 
than friction.
    (ii) Cog wheels or equivalent means shall be incorporated to provide 
climbing traction between the supported equipment and the building 
guides. Additional guide wheels or shoes shall be incorporated as may be 
necessary to ensure that the drive wheels are continuously held in 
positive engagement with the building guides.
    (iii) Launch guide mullions indexed to the building guides and 
retained in alignment with the building guides shall be used to align 
drive wheels entering the building guides.
    (iv) Manned platforms used on supported equipment shall comply with 
the requirements of paragraphs (f)(5)(ii)(A), (f)(5)(ii)(B), and 
(f)(5)(ii) (D) through (K) of this section covering suspended equipment.
    (7) Suspension wire ropes and rope connections. (i) Each specific 
installation shall use suspension wire ropes or combination cable and 
connections meeting the specification recommended by the manufacturer of 
the hoisting machine used. Connections shall be capable of developing at 
least 80 percent of the rated breaking strength of the wire rope.
    (ii) Each suspension rope shall have a ``Design Factor'' of at least 
10. The ``Design Factor'' is the ratio of the rated strength of the 
suspension wire rope to the rated working load, and shall be calculated 
using the following formula:

 
                                                                   S(N)
                              F                               = --------
                                                                    W
------------------------------------------------------------------------
 

Where:

F = Design factor
S = Manufacturer's rated strength of one suspension rope
N = Number of suspension ropes under load
W = Rated working load on all ropes at any point of travel

    (iii) Suspension wire rope grade shall be at least improved plow 
steel or equivalent.
    (iv) Suspension wire ropes shall be sized to conform with the 
required design factor, but shall not be less than 5/16 inch (7.94 mm) 
in diameter.
    (v) No more than one reverse bend in six wire rope lays shall be 
permitted.
    (vi) A corrosion-resistant tag shall be securely attached to one of 
the wire rope fastenings when a suspension wire rope is to be used at a 
specific location and will remain in that location. This tag shall bear 
the following wire rope data:
    (A) The diameter (inches and/or mm);
    (B) Construction classification;
    (C) Whether non-preformed or preformed;
    (D) The grade of material;
    (E) The manufacturer's rated strength;
    (F) The manufacturer's name;
    (G) The month and year the ropes were installed; and
    (H) The name of the person or company which installed the ropes.
    (vii) A new tag shall be installed at each rope renewal.
    (viii) The original tag shall be stamped with the date of the 
resocketing, or the original tag shall be retained and a supplemental 
tag shall be provided when ropes are resocketed. The supplemental tag 
shall show the date of resocketing and the name of the person or company 
that resocketed the rope.
    (ix) Winding drum type hoists shall contain at least three wraps of 
the suspension wire rope on the drum when the suspended unit has reached 
the lowest possible point of its vertical travel.
    (x) Traction drum and sheave type hoists shall be provided with a 
wire rope of sufficient length to reach the lowest possible point of 
vertical travel of the suspended unit, and an additional length of the 
wire rope of at least four feet (1.2 m).
    (xi) The lengthening or repairing of suspension wire ropes is 
prohibited.

[[Page 170]]

    (xii) Babbitted fastenings for suspension wire rope are prohibited.
    (8) Control circuits, power circuits and their components. (i) 
Electrical wiring and equipment shall comply with subpart S of this 
part, except as otherwise required by this section.
    (ii) Electrical runway conductor systems shall be of a type designed 
for use in exterior locations, and shall be located so that they do not 
come into contact with accumulated snow or water.
    (iii) Cables shall be protected against damage resulting from 
overtensioning or from other causes.
    (iv) Devices shall be included in the control system for the 
equipment which will provide protection against electrical overloads, 
three phase reversal and phase failure. The control system shall have a 
separate method, independent of the direction control circuit, for 
breaking the power circuit in case of an emergency or malfunction.
    (v) Suspended or supported equipment shall have a control system 
which will require the operator of the equipment to follow predetermined 
procedures.
    (vi) The following requirements shall apply to electrical protection 
devices:
    (A) On installations where the carriage does not have a stability 
factor of at least four against overturning, electrical contact(s) shall 
be provided and so connected that the operating devices for the 
suspended or supported equipment shall be operative only when the 
carriage is located and mechanically retained at an established 
operating point.
    (B) Overload protection shall be provided in the hoisting or 
suspension system to protect against the equipment operating in the 
``up'' direction with a load in excess of 125 percent of the rated load 
of the platform; and
    (C) An automatic detector shall be provided for each suspension 
point that will interrupt power to all hoisting motors for travel in the 
``down'' direction, and apply the primary brakes if any suspension wire 
rope becomes slack. A continuous-pressure rigging-bypass switch designed 
for use during rigging is permitted. This switch shall only be used 
during rigging.
    (vii) Upper and lower directional switches designed to prevent the 
travel of suspended units beyond safe upward and downward levels shall 
be provided.
    (viii) Emergency stop switches shall be provided on remote 
controlled, roof-powered manned platforms adjacent to each control 
station on the platform.
    (ix) Cables which are in constant tension shall have overload 
devices which will prevent the tension in the cable from interfering 
with the load limiting device required in paragraph (f)(8)(vi)(B) of 
this section, or with the platform roll limiting device required in 
paragraph (f)(5)(ii)(C) of this section. The setting of these devices 
shall be coordinated with other overload settings at the time of design 
of the system, and shall be clearly indicated on or near the device. The 
device shall interrupt the equipment travel in the ``down'' direction.
    (g) Inspection and tests--(1) Installations and alterations. All 
completed building maintenance equipment installations shall be 
inspected and tested in the field before being placed in initial service 
to determine that all parts of the installation conform to applicable 
requirements of this standard, and that all safety and operating 
equipment is functioning as required. A similar inspection and test 
shall be made following any major alteration to an existing 
installation. No hoist in an installation shall be subjected to a load 
in excess of 125 percent of its rated load.
    (2) Periodic inspections and tests. (i) Related building supporting 
structures shall undergo periodic inspection by a competent person at 
intervals not exceeding 12 months.
    (ii) All parts of the equipment including control systems shall be 
inspected, and, where necessary, tested by a competent person at 
intervals specified by the manufacturer/supplier, but not to exceed 12 
months, to determine that they are in safe operating condition. Parts 
subject to wear, such as wire ropes, bearings, gears, and governors 
shall be inspected and/or tested to determine that they have not worn to 
such an extent as to affect the safe operation of the installation.
    (iii) The building owner shall keep a certification record of each 
inspection

[[Page 171]]

and test required under paragraphs (g)(2)(i) and (ii) of this section. 
The certification record shall include the date of the inspection, the 
signature of the person who performed the inspection, and the number, or 
other identifier, of the building support structure and equipment which 
was inspected. This certification record shall be kept readily available 
for review by the Assistant Secretary of Labor or the Assistant 
Secretary's representative and by the employer.
    (iv) Working platforms and their components shall be inspected by 
the employer for visible defects before every use and after each 
occurrence which could affect the platform's structural integrity.
    (3) Maintenance inspections and tests. (i) A maintenance inspection 
and, where necessary, a test shall be made of each platform installation 
every 30 days, or where the work cycle is less than 30 days such 
inspection and/or test shall be made prior to each work cycle. This 
inspection and test shall follow procedures recommended by the 
manufacturer, and shall be made by a competent person.
    (ii) The building owner shall keep a certification record of each 
inspection and test performed under paragraph (g)(3)(i) of this section. 
The certification record shall include the date of the inspection and 
test, the signature of the person who performed the inspection and/or 
test, and an identifier for the platform installation which was 
inspected. The certification record shall be kept readily available for 
review by the Assistant Secretary of Labor or the Assistant Secretary's 
representative and by the employer.
    (4) Special inspection of governors and secondary brakes. (i) 
Governors and secondary brakes shall be inspected and tested at 
intervals specified by the manufacturer/supplier but not to exceed every 
12 months.
    (ii) The results of the inspection and test shall confirm that the 
initiating device for the secondary braking system operates at the 
proper overspeed.
    (iii) The results of the inspection and test shall confirm that the 
secondary brake is functioning properly.
    (iv) If any hoisting machine or initiating device for the secondary 
brake system is removed from the equipment for testing, all reinstalled 
and directly related components shall be reinspected prior to returning 
the equipment installation to service.
    (v) Inspection of governors and secondary brakes shall be performed 
by a competent person.
    (vi) The secondary brake governor and actuation device shall be 
tested before each day's use. Where testing is not feasible, a visual 
inspection of the brake shall be made instead to ensure that it is free 
to operate.
    (5) Suspension wire rope maintenance, inspection and replacement. 
(i) Suspension wire rope shall be maintained and used in accordance with 
procedures recommended by the wire rope manufacturer.
    (ii) Suspension wire rope shall be inspected by a competent person 
for visible defects and gross damage to the rope before every use and 
after each occurrence which might affect the wire rope's integrity.
    (iii) A thorough inspection of suspension wire ropes in service 
shall be made once a month. Suspension wire ropes that have been 
inactive for 30 days or longer shall have a thorough inspection before 
they are placed into service. These thorough inspections of suspension 
wire ropes shall be performed by a competent person.
    (iv) The need for replacement of a suspension wire rope shall be 
determined by inspection and shall be based on the condition of the wire 
rope. Any of the following conditions or combination of conditions will 
be cause for removal of the wire rope:
    (A) Broken wires exceeding three wires in one strand or six wires in 
one rope lay;
    (B) Distortion of rope structure such as would result from crushing 
or kinking;
    (C) Evidence of heat damage;
    (D) Evidence of rope deterioration from corrosion;
    (E) A broken wire within 18 inches (460.8 mm) of the end 
attachments;
    (F) Noticeable rusting and pitting;
    (G) Evidence of core failure (a lengthening of rope lay, protrusion 
of the rope core and a reduction in rope diameter suggests core 
failure); or

[[Page 172]]

    (H) More than one valley break (broken wire).
    (I) Outer wire wear exceeds one-third of the original outer wire 
diameter.
    (J) Any other condition which the competent person determines has 
significantly affected the integrity of the rope.
    (v) The building owner shall keep a certification record of each 
monthly inspection of a suspension wire rope as required in paragraph 
(g)(5)(iii) of this section. The record shall include the date of the 
inspection, the signature of the person who performed the inspection, 
and a number, or other identifier, of the wire rope which was inspected. 
This record of inspection shall be made available for review by the 
Assistant Secretary of Labor or the Assistant Secretary's representative 
and by the employer.
    (6) Hoist inspection. Before lowering personnel below the top 
elevation of the building, the hoist shall be tested each day in the 
lifting direction with the intended load to make certain it has 
sufficient capacity to raise the personnel back to the boarding level.
    (h) Maintenance--(1) General maintenance. All parts of the equipment 
affecting safe operation shall be maintained in proper working order so 
that they may perform the functions for which they were intended. The 
equipment shall be taken out of service when it is not in proper working 
order.
    (2) Cleaning. (i) Control or power contactors and relays shall be 
kept clean.
    (ii) All other parts shall be kept clean if their proper functioning 
would be affected by the presence of dirt or other contaminants.
    (3) Periodic resocketing of wire rope fastenings. (i) Hoisting ropes 
utilizing poured socket fastenings shall be resocketed at the non-drum 
ends at intervals not exceeding 24 months. In resocketing the ropes, a 
sufficient length shall be cut from the end of the rope to remove 
damaged or fatigued portions.
    (ii) Resocketed ropes shall conform to the requirements of paragraph 
(f)(7) of this section.
    (iii) Limit switches affected by the resocketed ropes shall be 
reset, if necessary.
    (4) Periodic reshackling of suspension wire ropes. The hoisting 
ropes shall be reshackled at the nondrum ends at intervals not exceeding 
24 months. When reshackling the ropes, a sufficient length shall be cut 
from the end of the rope to remove damaged or fatigued portions.
    (5) Roof systems. Roof track systems, tie-downs, or similar 
equipment shall be maintained in proper working order so that they 
perform the function for which they were intended.
    (6) Building face guiding members.  T-rails, indented mullions, or 
equivalent guides located in the face of a building shall be maintained 
in proper working order so that they perform the functions for which 
they were intended. Brackets for cable stabilizers shall similarly be 
maintained in proper working order.
    (7) Inoperative safety devices. No person shall render a required 
safety device or electrical protective device inoperative, except as 
necessary for tests, inspections, and maintenance. Immediately upon 
completion of such tests, inspections and maintenance, the device shall 
be restored to its normal operating condition.
    (i) Operations--(1) Training. (i) Working platforms shall be 
operated only by persons who are proficient in the operation, safe use 
and inspection of the particular working platform to be operated.
    (ii) All employees who operate working platforms shall be trained in 
the following:
    (A) Recognition of, and preventive measures for, the safety hazards 
associated with their individual work tasks.
    (B) General recognition and prevention of safety hazards associated 
with the use of working platforms, including the provisions in the 
section relating to the particular working platform to be operated.
    (C) Emergency action plan procedures required in paragraph (e)(9) of 
this section.
    (D) Work procedures required in paragraph (i)(1)(iv) of this 
section.
    (E) Personal fall arrest system inspection, care, use and system 
performance.

[[Page 173]]

    (iii) Training of employees in the operation and inspection of 
working platforms shall be done by a competent person.
    (iv) Written work procedures for the operation, safe use and 
inspection of working platforms shall be provided for employee training. 
Pictorial methods of instruction, may be used, in lieu of written work 
procedures, if employee communication is improved using this method. The 
operating manuals supplied by manufacturers for platform system 
components can serve as the basis for these procedures.
    (v) The employer shall certify that employees have been trained in 
operating and inspecting a working platform by preparing a certification 
record which includes the identity of the person trained, the signature 
of the employer or the person who conducted the training and the date 
that training was completed. The certification record shall be prepared 
at the completion of the training required in paragraph (i)(1)(ii) of 
this section, and shall be maintained in a file for the duration of the 
employee's employment. The certification record shall be kept readily 
available for review by the Assistant Secretary of Labor or the 
Assistant Secretary's representative.
    (2) Use. (i) Working platforms shall not be loaded in excess of the 
rated load, as stated on the platform load rating plate.
    (ii) Employees shall be prohibited from working on snow, ice, or 
other slippery material covering platforms, except for the removal of 
such materials.
    (iii) Adequate precautions shall be taken to protect the platform, 
wire ropes and life lines from damage due to acids or other corrosive 
substances, in accordance with the recommendations of the corrosive 
substance producer, supplier, platform manufacturer or other equivalent 
information sources. Platform members which have been exposed to acids 
or other corrosive substances shall be washed down with a neutralizing 
solution, at a frequency recommended by the corrosive substance producer 
or supplier.
    (iv) Platform members, wire ropes and life lines shall be protected 
when using a heat producing process. Wire ropes and life lines which 
have been contacted by the heat producing process shall be considered to 
be permanently damaged and shall not be used.
    (v) The platform shall not be operated in winds in excess of 25 
miles per hour (40.2 km/hr) except to move it from an operating to a 
storage position. Wind speed shall be determined based on the best 
available information, which includes on-site anemometer readings and 
local weather forecasts which predict wind velocities for the area.
    (vi) On exterior installations, an anemometer shall be mounted on 
the platform to provide information of on-site wind velocities prior to 
and during the use of the platform. The anemometer may be a portable 
(hand held) unit which is temporarily mounted during platform use.
    (vii) Tools, materials and debris not related to the work in 
progress shall not be allowed to accumulate on platforms. Stabilizer 
ties shall be located so as to allow unencumbered passage along the full 
length of the platform and shall be of such length so as not to become 
entangled in rollers, hoists or other machinery.
    (j) Personal fall protection. Employees on working platforms shall 
be protected by a personal fall arrest system meeting the requirements 
of appendix C, section I, of this standard, and as otherwise provided by 
this standard.

            Appendix A to Sec. 1910.66, Guidelines (Advisory)

    1. Use of the Appendix. Appendix A provides examples of equipment 
and methods to assist the employer in meeting the requirements of the 
indicated provision of the standard. Employers may use other equipment 
or procedures which conform to the requirements of the standard. This 
appendix neither adds to nor detracts from the mandatory requirements 
set forth in Sec. 1910.66.
    2. Assurance. Paragraph (c) of the standard requires the building 
owner to inform the employer in writing that the powered platform 
installation complies with certain requirements of the standard, since 
the employer may not have the necessary information to make these 
determinations. The employer, however, remains responsible for meeting 
these requirements which have not been set off in paragraph (c)(1).
    3. Design Requirements. The design requirements for each 
installation should be based

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on the limitations (stresses, deflections, etc.), established by 
nationally recognized standards as promulgated by the following 
organizations, or to equivalent standards:

AA--The Aluminum Association, 818 Connecticut Avenue, NW., Washington, 
          DC, 20006
Aluminum Construction Manual
Specifications For Aluminum Structures
Aluminum Standards and Data
AGMA--American Gear Manufacturers Association, 101 North Fort Meyer Dr., 
          Suite 1000, Arlington, VA 22209
AISC--American Institute of Steel Construction, 400 North Michigan 
          Avenue, Chicago, IL 60611
ANSI--American National Standards Institute, Inc., 1430 Broadway, New 
          York, NY 10018
ASCE--American Society of Civil Engineers, 345 East 47th Street, New 
          York, NY 10017
ASME--American Society of Mechanical Engineers, 345 East 47th Street, 
          New York, NY 10017
ASTM--American Society for Testing and Materials, 1916 Race Street, 
          Philadelphia, PA 19103
AWS--American Welding Society, Inc., Box 351040, 550 NW. LeJeunne Road, 
          Miami, FL 33126
JIC--Joint Industrial Council, 2139 Wisconsin Avenue NW., Washington, DC 
          20007
NEMA--National Electric Manufacturers Association, 2101 L Street, NW., 
          Washington, DC 20037

    4. Tie-in-guides. Indented mullions, T-rails or other equivalent 
guides are acceptable as tie-in guides in a building face for a 
continuous stabilization system. Internal guides are embedded in other 
building members with only the opening exposed (see Figure 1 of appendix 
B). External guides, however, are installed external to the other 
building members and so are fully exposed. The minimum opening for tie-
in guides is three-quarters of an inch (19 mm), and the minimum inside 
dimensions are one-inch (25 mm) deep and two inches (50 mm) wide.
    Employers should be aware of the hazards associated with tie-in 
guides in a continuous stabilization system which was not designed 
properly. For example, joints in these track systems may become extended 
or discontinuous due to installation or building settlement. If this 
alignment problem is not corrected, the system could jam when a guide 
roller or guide shoe strikes a joint and this would cause a hazardous 
situation for employees. In another instance, faulty design will result 
in guide rollers being mounted in a line so they will jam in the track 
at the slightest misalignment.
    5. Building anchors (intermittent stabilization system). In the 
selection of the vertical distance between building anchors, certain 
factors should be given consideration. These factors include building 
height and architectural design, platform length and weight, wire rope 
angulation, and the wind velocities in the building area. Another factor 
to consider is the material of the building face, since this material 
may be adversely affected by the building rollers.
    External or indented type building anchors are acceptable. 
Receptacles in the building facade used for the indented type should be 
kept clear of extraneous materials which will hinder their use. During 
the inspection of the platform installation, evidence of a failure or 
abuse of the anchors should be brought to the attention of the employer.
    6. Stabilizer tie length. A stabilizer tie should be long enough to 
provide for the planned angulation of the suspension cables. However, 
the length of the tie should not be excessive and become a problem by 
possibly becoming entangled in the building face rollers or parts of the 
platform machinery.
    The attachment length may vary due to material elongation and this 
should be considered when selecting the material to be used. 
Consideration should also be given to the use of ties which are easily 
installed by employees, since this will encourage their use.
    7. Intermittent stabilization system. Intermittent stabilization 
systems may use different equipment, tie-in devices and methods to 
restrict the horizontal movement of a powered platform with respect to 
the face of the building. One acceptable method employs corrosion-
resistant building anchors secured in the face of the building in 
vertical rows every third floor or 50 feet (15.3 m), whichever is less. 
The anchors are spaced horizontally to allow a stabilization attachment 
(stabilizer tie) for each of the two platform suspension wire ropes. The 
stabilizer tie consists of two parts. One part is a quick connect-quick 
disconnect device which utilizes a corrosion-resistant yoke and retainer 
spring that is designed to fit over the building anchors. The second 
part of the stabilizer tie is a lanyard which is used to maintain a 
fixed distance between the suspension wire rope and the face of the 
building.
    In this method, as the suspended powered platform descends past the 
elevation of each anchor, the descent is halted and each of the platform 
occupants secures a stabilizer tie between a suspension wire rope and a 
building anchor. The procedure is repeated as each elevation of a 
building anchor is reached during the descent of the powered platform.
    As the platform ascends, the procedure is reversed; that is, the 
stabilizer ties are removed as each elevation of a building anchor is 
reached. The removal of each stabilizer tie is assured since the 
platform is provided with stopping devices which will interrupt

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power to its hoist(s) in the event either stopping device contacts a 
stabilizer during the ascent of the platform.
    Figure 2 of appendix B illustrates another type of acceptable 
intermittent stabilization system which utilizes retaining pins as the 
quick connect-quick disconnect device in the stabilizer tie.
    8. Wire Rope Inspection. The inspection of the suspension wire rope 
is important since the rope gradually loses strength during its useful 
life. The purpose of the inspection is to determine whether the wire 
rope has sufficient integrity to support a platform with the required 
design factor.
    If there is any doubt concerning the condition of a wire rope or its 
ability to perform the required work, the rope should be replaced. The 
cost of wire rope replacement is quite small if compared to the cost in 
terms of human injuries, equipment down time and replacement.
    No listing of critical inspection factors, which serve as a basis 
for wire rope replacement in the standard, can be a substitute for an 
experienced inspector of wire rope. The listing serves as a user's guide 
to the accepted standards by which ropes must be judged.
    Rope life can be prolonged if preventive maintenance is performed 
regularly. Cutting off an appropriate length of rope at the end 
termination before the core degrades and valley breaks appear minimizes 
degradation at these sections.
    9. General Maintenance. In meeting the general maintenance 
requirement in paragraph (h)(1) of the standard, the employer should 
undertake the prompt replacement of broken, worn and damaged parts, 
switch contacts, brushes, and short flexible conductors of electrical 
devices. The components of the electrical service system and traveling 
cables should be replaced when damaged or significantly abraded. In 
addition, gears, shafts, bearings, brakes and hoisting drums should be 
kept in proper alignment.
    10. Training. In meeting the training requirement of paragraph 
(i)(1) of the standard, employers should use both on the job training 
and formal classroom training. The written work procedures used for this 
training should be obtained from the manufacturer, if possible, or 
prepared as necessary for the employee's information and use.
    Employees who will operate powered platforms with intermittent 
stabilization systems should receive instruction in the specific ascent 
and descent procedures involving the assembly and disassembly of the 
stabilizer ties.
    An acceptable training program should also include employee 
instruction in basic inspection procedures for the purpose of 
determining the need for repair and replacement of platform equipment. 
In addition, the program should cover the inspection, care and use of 
the personal fall protection equipment required in paragraph (j)(1) of 
the standard.
    In addition, the training program should also include emergency 
action plan elements. OSHA brochure 1B3088 (Rev.) 1985, ``How to 
Prepare for Workplace Emergencies,'' details the basic steps needed to 
prepare to handle emergencies in the workplace.
    Following the completion of a training program, the employee should 
be required to demonstrate competency in operating the equipment safely. 
Supplemental training of the employee should be provided by the 
employer, as necessary, if the equipment used or other working 
conditions should change.
    An employee who is required to work with chemical products on a 
platform should receive training in proper cleaning procedures, and in 
the hazards, care and handling of these products. In addition, the 
employee should be supplied with the appropriate personal protective 
equipment, such as gloves and eye and face protection.
    11. Suspension and Securing of Powered Platforms (Equivalency). One 
acceptable method of demonstrating the equivalency of a method of 
suspending or securing a powered platform, as required in paragraphs 
(e)(2)(iii), (f)(3) and (f)(5)(i)(F), is to provide an engineering 
analysis by a registered professional engineer. The analysis should 
demonstrate that the proposed method will provide an equal or greater 
degree of safety for employees than any one of the methods specified in 
the standard.

             Appendix B to Sec. 1910.66--Exhibits (Advisory)

    The three drawings in appendix B illustrate typical platform 
stabilization systems which are addressed in the standard. The drawings 
are to be used for reference purposes only, and do not illustrate all 
the mandatory requirements for each system.

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[GRAPHIC] [TIFF OMITTED] TC27OC91.012


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[GRAPHIC] [TIFF OMITTED] TC27OC91.013


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[GRAPHIC] [TIFF OMITTED] TC27OC91.014


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  Appendix C to Sec. 1910.66--Personal Fall Arrest System (Section I--
             Mandatory; Sections II and III--Non-Mandatory)

                           Use of the Appendix

    Section I of appendix C sets out the mandatory criteria for personal 
fall arrest systems used by all employees using powered platforms, as 
required by paragraph (j)(1) of this standard. Section II sets out 
nonmandatory test procedures which may be used to determine compliance 
with applicable requirements contained in section I of this appendix. 
Section III provides nonmandatory guidelines which are intended to 
assist employers in complying with these provisions.
    I. Personal fall arrest systems--(a) Scope and application. This 
section establishes the application of and performance criteria for 
personal fall arrest systems which are required for use by all employees 
using powered platforms under paragraph 1910.66(j).
    (b) Definitions. Anchorage means a secure point of attachment for 
lifelines, lanyards or deceleration devices, and which is independent of 
the means of supporting or suspending the employee.
    Body belt means a strap with means both for securing it about the 
waist and for attaching it to a lanyard, lifeline, or deceleration 
device.
    Body harness means a design of straps which may be secured about the 
employee in a manner to distribute the fall arrest forces over at least 
the thighs, pelvis, waist, chest and shoulders with means for attaching 
it to other components of a personal fall arrest system.
    Buckle means any device for holding the body belt or body harness 
closed around the employee's body.
    Competent person means a person who is capable of identifying 
hazardous or dangerous conditions in the personal fall arrest system or 
any component thereof, as well as in their application and use with 
related equipment.
    Connector means a device which is used to couple (connect) parts of 
the system together. It may be an independent component of the system 
(such as a carabiner), or an integral component of part of the system 
(such as a buckle or dee-ring sewn into a body belt or body harness, or 
a snap-hook spliced or sewn to a lanyard or self-retracting lanyard).
    Deceleration device means any mechanism, such as a rope grab, 
ripstitch lanyard, specially woven lanyard, tearing or deforming 
lanyard, or automatic self retracting-lifeline/lanyard, which serves to 
dissipate a substantial amount of energy during a fall arrest, or 
otherwise limits the energy imposed on an employee during fall arrest.
    Deceleration distance means the additional vertical distance a 
falling employee travels, excluding lifeline elongation and free fall 
distance, before stopping, from the point at which the deceleration 
device begins to operate. It is measured as the distance between the 
location of an employee's body belt or body harness attachment point at 
the moment of activation (at the onset of fall arrest forces) of the 
deceleration device during a fall, and the location of that attachment 
point after the employee comes to a full stop.
    Equivalent means alternative designs, materials or methods which the 
employer can demonstrate will provide an equal or greater degree of 
safety for employees than the methods, materials or designs specified in 
the standard.
    Free fall means the act of falling before the personal fall arrest 
system begins to apply force to arrest the fall.
    Free fall distance means the vertical displacement of the fall 
arrest attachment point on the employee's body belt or body harness 
between onset of the fall and just before the system begins to apply 
force to arrest the fall. This distance excludes deceleration distance, 
lifeline and lanyard elongation but includes any deceleration device 
slide distance or self-retracting lifeline/lanyard extension before they 
operate and fall arrest forces occur.
    Lanyard means a flexible line of rope, wire rope, or strap which is 
used to secure the body belt or body harness to a deceleration device, 
lifeline, or anchorage.
    Lifeline means a component consisting of a flexible line for 
connection to an anchorage at one end to hang vertically (vertical 
lifeline), or for connection to anchorages at both ends to stretch 
horizontally (horizontal lifeline), and which serves as a means for 
connecting other components of a personal fall arrest system to the 
anchorage.
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a working level. It consists of an anchorage, 
connectors, a body belt or body harness and may include a lanyard, 
deceleration device, lifeline, or suitable combinations of these.
    Qualified person means one with a recognized degree or professional 
certificate and extensive knowledge and experience in the subject field 
who is capable of design, analysis, evaluation and specifications in the 
subject work, project, or product.
    Rope grab means a deceleration device which travels on a lifeline 
and automatically frictionally engages the lifeline and locks so as to 
arrest the fall of an employee. A rope grab usually employs the 
principle of inertial locking, cam/lever locking, or both.
    Self-retracting lifeline/lanyard means a deceleration device which 
contains a drum-wound line which may be slowly extracted from, or 
retracted onto, the drum under slight tension during normal employee 
movement, and which, after onset of a fall, automatically locks the drum 
and arrests the fall.

[[Page 180]]

    Snap-hook means a connector comprised of a hookshaped member with a 
normally closed keeper, or similar arrangement, which may be opened to 
permit the hook to receive an object and, when released, automatically 
closes to retain the object. Snap-hooks are generally one of two types:
    1. The locking type with a self-closing, self-locking keeper which 
remains closed and locked until unlocked and pressed open for connection 
or disconnection, or
    2. The non-locking type with a self-closing keeper which remains 
closed until pressed open for connection or disconnection.
    Tie-off means the act of an employee, wearing personal fall 
protection equipment, connecting directly or indirectly to an anchorage. 
It also means the condition of an employee being connected to an 
anchorage.
    (c) Design for system components. (1) Connectors shall be drop 
forged, pressed or formed steel, or made of equivalent materials.
    (2) Connectors shall have a corrosion-resistant finish, and all 
surfaces and edges shall be smooth to prevent damage to interfacing 
parts of the system.
    (3) Lanyards and vertical lifelines which tie-off one employee shall 
have a minimum breaking strength of 5,000 pounds (22.2 kN).
    (4) Self-retracting lifelines and lanyards which automatically limit 
free fall distance to two feet (0.61 m) or less shall have components 
capable of sustaining a minimum static tensile load of 3,000 pounds 
(13.3 kN) applied to the device with the lifeline or lanyard in the 
fully extended position.
    (5) Self-retracting lifelines and lanyards which do not limit free 
fall distance to two feet (0.61 m) or less, ripstitch lanyards, and 
tearing and deforming lanyards shall be capable of sustaining a minimum 
tensile load of 5,000 pounds (22.2 kN) applied to the device with the 
lifeline or lanyard in the fully extended position.
    (6) Dee-rings and snap-hooks shall be capable of sustaining a 
minimum tensile load of 5,000 pounds (22.2 kN).
    (7) Dee-rings and snap-hooks shall be 100 percent proof-tested to a 
minimum tensile load of 3,600 pounds (16 kN) without cracking, breaking, 
or taking permanent deformation.
    (8) Snap-hooks shall be sized to be compatible with the member to 
which they are connected so as to prevent unintentional disengagement of 
the snap-hook by depression of the snap-hook keeper by the connected 
member, or shall be a locking type snap-hook designed and used to 
prevent disengagement of the snap-hook by the contact of the snaphook 
keeper by the connected member.
    (9) Horizontal lifelines, where used, shall be designed, and 
installed as part of a complete personal fall arrest system, which 
maintains a safety factor of at least two, under the supervision of a 
qualified person.
    (10) Anchorages to which personal fall arrest equipment is attached 
shall be capable of supporting at least 5,000 pounds (22.2 kN) per 
employee attached, or shall be designed, installed, and used as part of 
a complete personal fall arrest system which maintains a safety factor 
of at least two, under the supervision of a qualified person.
    (11) Ropes and straps (webbing) used in lanyards, lifelines, and 
strength components of body belts and body harnesses, shall be made from 
synthetic fibers or wire rope.
    (d) System performance criteria. (1) Personal fall arrest systems 
shall, when stopping a fall:
    (i) Limit maximum arresting force on an employee to 900 pounds (4 
kN) when used with a body belt;
    (ii) Limit maximum arresting force on an employee to 1,800 pounds (8 
kN) when used with a body harness;
    (iii) Bring an employee to a complete stop and limit maximum 
deceleration distance an employee travels to 3.5 feet (1.07 m); and
    (iv) Shall have sufficient strength to withstand twice the potential 
impact energy of an employee free falling a distance of six feet (1.8 
m), or the free fall distance permitted by the system, whichever is 
less.
    (2)(i) When used by employees having a combined person and tool 
weight of less than 310 pounds (140 kg), personal fall arrest systems 
which meet the criteria and protocols contained in paragraphs (b), (c) 
and (d) in section II of this appendix shall be considered as complying 
with the provisions of paragraphs (d)(1)(i) through (d)(1)(iv) above.
    (ii) When used by employees having a combined tool and body weight 
of 310 pounds (140 kg) or more, personal fall arrest systems which meet 
the criteria and protocols contained in paragraphs (b), (c) and (d) in 
section II may be considered as complying with the provisions of 
paragraphs (d)(1)(i) through (d)(1)(iv) provided that the criteria and 
protocols are modified appropriately to provide proper protection for 
such heavier weights.
    (e) Care and use. (1) Snap-hooks, unless of a locking type designed 
and used to prevent disengagement from the following connections, shall 
not be engaged:
    (i) Directly to webbing, rope or wire rope;
    (ii) To each other;
    (iii) To a dee-ring to which another snap-hook or other connector is 
attached;
    (iv) To a horizontal lifeline; or
    (v) To any object which is incompatibly shaped or dimensioned in 
relation to the snap-hook such that the connected object could depress 
the snap-hook keeper a sufficient amount to release itself.
    (2) Devices used to connect to a horizontal lifeline which may 
become a vertical lifeline shall be capable of locking in either 
direction on the lifeline.
    (3) Personal fall arrest systems shall be rigged such that an 
employee can neither

[[Page 181]]

free fall more than six feet (1.8 m), nor contact any lower level.
    (4) The attachment point of the body belt shall be located in the 
center of the wearer's back. The attachment point of the body harness 
shall be located in the center of the wearer's back near shoulder level, 
or above the wearer's head.
    (5) When vertical lifelines are used, each employee shall be 
provided with a separate lifeline.
    (6) Personal fall arrest systems or components shall be used only 
for employee fall protection.
    (7) Personal fall arrest systems or components subjected to impact 
loading shall be immediately removed from service and shall not be used 
again for employee protection unless inspected and determined by a 
competent person to be undamaged and suitable for reuse.
    (8) The employer shall provide for prompt rescue of employees in the 
event of a fall or shall assure the self-rescue capability of employees.
    (9) Before using a personal fall arrest system, and after any 
component or system is changed, employees shall be trained in accordance 
with the requirements of paragraph 1910.66(i)(1), in the safe use of the 
system.
    (f) Inspections. Personal fall arrest systems shall be inspected 
prior to each use for mildew, wear, damage and other deterioration, and 
defective components shall be removed from service if their strength or 
function may be adversely affected.
    II. Test methods for personal fall arrest systems (non-mandatory)--
(a) General. Paragraphs (b), (c), (d) and (e), of this section II set 
forth test procedures which may be used to determine compliance with the 
requirements in paragraph (d)(1)(i) through (d)(1)(iv) of section I of 
this appendix.
    (b) General conditions for all tests in section II. (1) Lifelines, 
lanyards and deceleration devices should be attached to an anchorage and 
connected to the body-belt or body harness in the same manner as they 
would be when used to protect employees.
    (2) The anchorage should be rigid, and should not have a deflection 
greater than .04 inches (1 mm) when a force of 2,250 pounds (10 kN) is 
applied.
    (3) The frequency response of the load measuring instrumentation 
should be 120 Hz.
    (4) The test weight used in the strength and force tests should be a 
rigid, metal, cylindrical or torso-shaped object with a girth of 38 
inches plus or minus four inches (96 cm plus or minus 10 cm).
    (5) The lanyard or lifeline used to create the free fall distance 
should be supplied with the system, or in its absence, the least elastic 
lanyard or lifeline available to be used with the system.
    (6) The test weight for each test should be hoisted to the required 
level and should be quickly released without having any appreciable 
motion imparted to it.
    (7) The system's performance should be evaluated taking into account 
the range of environmental conditions for which it is designed to be 
used.
    (8) Following the test, the system need not be capable of further 
operation.
    (c) Strength test. (1) During the testing of all systems, a test 
weight of 300 pounds plus or minus five pounds (135 kg plus or minus 2.5 
kg) should be used. (See paragraph (b)(4), above.)
    (2) The test consists of dropping the test weight once. A new unused 
system should be used for each test.
    (3) For lanyard systems, the lanyard length should be six feet plus 
or minus two inches (1.83 m plus or minus 5 cm) as measured from the 
fixed anchorage to the attachment on the body belt or body harness.
    (4) For rope-grab-type deceleration systems, the length of the 
lifeline above the centerline of the grabbing mechanism to the 
lifeline's anchorage point should not exceed two feet (0.61 m).
    (5) For lanyard systems, for systems with deceleration devices which 
do not automatically limit free fall distance to two feet (0.61 m) or 
less, and for systems with deceleration devices which have a connection 
distance in excess of one foot (0.3 m) (measured between the centerline 
of the lifeline and the attachment point to the body belt or harness), 
the test weight should be rigged to free fall a distance of 7.5 feet 
(2.3 m) from a point that is 1.5 feet (46 cm) above the anchorage point, 
to its hanging location (six feet below the anchorage). The test weight 
should fall without interference, obstruction, or hitting the floor or 
ground during the test. In some cases a non-elastic wire lanyard of 
sufficient length may need to be added to the system (for test purposes) 
to create the necessary free fall distance.
    (6) For deceleration device systems with integral lifelines or 
lanyards which automatically limit free fall distance to two feet (0.61 
m) or less, the test weight should be rigged to free fall a distance of 
four feet (1.22 m).
    (7) Any weight which detaches from the belt or harness should 
constitute failure for the strength test.
    (d) Force test--(1) General. The test consists of dropping the 
respective test weight specified in (d)(2)(i) or (d)(3)(i) once. A new, 
unused system should be used for each test.
    (2) For lanyard systems. (i) A test weight of 220 pounds plus or 
minus three pounds (100 kg plus or minus 1.6 kg) should be used. (See 
paragraph (b)(4), above.)
    (ii) Lanyard length should be six feet plus or minus two inches 
(1.83 m plus or minus 5 cm) as measured from the fixed anchorage to the 
attachment on the body belt or body harness.

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    (iii) The test weight should fall free from the anchorage level to 
its hanging location (a total of six feet (1.83 m) free fall distance) 
without interference, obstruction, or hitting the floor or ground during 
the test.
    (3) For all other systems. (i) A test weight of 220 pounds plus or 
minus three pounds (100 kg plus or minus 1.6 kg) should be used. (See 
paragraph (b)(4), above.)
    (ii) The free fall distance to be used in the test should be the 
maximum fall distance physically permitted by the system during normal 
use conditions, up to a maximum free fall distance for the test weight 
of six feet (1.83 m), except as follows:
    (A) For deceleration systems which have a connection link or 
lanyard, the test weight should free fall a distance equal to the 
connection distance (measured between the centerline of the lifeline and 
the attachment point to the body belt or harness).
    (B) For deceleration device systems with integral lifelines or 
lanyards which automatically limit free fall distance to two feet (0.61 
m) or less, the test weight should free fall a distance equal to that 
permitted by the system in normal use. (For example, to test a system 
with a self-retracting lifeline or lanyard, the test weight should be 
supported and the system allowed to retract the lifeline or lanyard as 
it would in normal use. The test weight would then be released and the 
force and deceleration distance measured).
    (4) A system fails the force test if the recorded maximum arresting 
force exceeds 1,260 pounds (15.6 kN) when using a body belt, and/or 
exceeds 2,520 pounds (11.2 kN) when using a body harness.
    (5) The maximum elongation and deceleration distance should be 
recorded during the force test.
    (e) Deceleration device tests--(1) General. The device should be 
evaluated or tested under the environmental conditions, (such as rain, 
ice, grease, dirt, type of lifeline, etc.), for which the device is 
designed.
    (2) Rope-grab-type deceleration devices. (i) Devices should be moved 
on a lifeline 1,000 times over the same length of line a distance of not 
less than one foot (30.5 cm), and the mechanism should lock each time.
    (ii) Unless the device is permanently marked to indicate the type(s) 
of lifeline which must be used, several types (different diameters and 
different materials), of lifelines should be used to test the device.
    (3) Other self-activatinq-type deceleration devices. The locking 
mechanisms of other self-activating-type deceleration devices designed 
for more than one arrest should lock each of 1,000 times as they would 
in normal service.
    III. Additional non-mandatory guidelines for personal fall arrest 
systems. The following information constitutes additional guidelines for 
use in complying with requirements for a personal fall arrest system.
    (a) Selection and use considerations. The kind of personal fall 
arrest system selected should match the particular work situation, and 
any possible free fall distance should be kept to a minimum. 
Consideration should be given to the particular work environment. For 
example, the presence of acids, dirt, moisture, oil, grease, etc., and 
their effect on the system, should be evaluated. Hot or cold 
environments may also have an adverse affect on the system. Wire rope 
should not be used where an electrical hazard is anticipated. As 
required by the standard, the employer must plan to have means available 
to promptly rescue an employee should a fall occur, since the suspended 
employee may not be able to reach a work level independently.
    Where lanyards, connectors, and lifelines are subject to damage by 
work operations such as welding, chemical cleaning, and sandblasting, 
the component should be protected, or other securing systems should be 
used. The employer should fully evaluate the work conditions and 
environment (including seasonal weather changes) before selecting the 
appropriate personal fall protection system. Once in use, the system's 
effectiveness should be monitored. In some cases, a program for cleaning 
and maintenance of the system may be necessary.
    (b) Testing considerations. Before purchasing or putting into use a 
personal fall arrest system, an employer should obtain from the supplier 
information about the system based on its performance during testing so 
that the employer can know if the system meets this standard. Testing 
should be done using recognized test methods. Section II of this 
appendix C contains test methods recognized for evaluating the 
performance of fall arrest systems. Not all systems may need to be 
individually tested; the performance of some systems may be based on 
data and calculations derived from testing of similar systems, provided 
that enough information is available to demonstrate similarity of 
function and design.
    (c) Component compatibility considerations. Ideally, a personal fall 
arrest system is designed, tested, and supplied as a complete system. 
However, it is common practice for lanyards, connectors, lifelines, 
deceleration devices, body belts and body harnesses to be interchanged 
since some components wear out before others. The employer and employee 
should realize that not all components are interchangeable. For 
instance, a lanyard should not be connected between a body belt (or 
harness) and a deceleration device of the self-retracting type since 
this can result in additional free fall for which the system was not 
designed. Any substitution or change to a personal fall arrest system 
should be fully evaluated or tested by a competent person to determine 
that it meets the

[[Page 183]]

standard, before the modified system is put in use.
    (d) Employee training considerations. Thorough employee training in 
the selection and use of personal fall arrest systems is imperative. As 
stated in the standard, before the equipment is used, employees must be 
trained in the safe use of the system. This should include the 
following: Application limits; proper anchoring and tie-off techniques; 
estimation of free fall distance, including determination of 
deceleration distance, and total fall distance to prevent striking a 
lower level; methods of use; and inspection and storage of the system. 
Careless or improper use of the equipment can result in serious injury 
or death. Employers and employees should become familiar with the 
material in this appendix, as well as manufacturer's recommendations, 
before a system is used. Of uppermost importance is the reduction in 
strength caused by certain tie-offs (such as using knots, tying around 
sharp edges, etc.) and maximum permitted free fall distance. Also, to be 
stressed are the importance of inspections prior to use, the limitations 
of the equipment, and unique conditions at the worksite which may be 
important in determining the type of system to use.
    (e) Instruction considerations. Employers should obtain 
comprehensive instructions from the supplier as to the system's proper 
use and application, including, where applicable:
    (1) The force measured during the sample force test;
    (2) The maximum elongation measured for lanyards during the force 
test;
    (3) The deceleration distance measured for deceleration devices 
during the force test;
    (4) Caution statements on critical use limitations;
    (5) Application limits;
    (6) Proper hook-up, anchoring and tie-off techniques, including the 
proper dee-ring or other attachment point to use on the body belt and 
harness for fall arrest;
    (7) Proper climbing techniques;
    (8) Methods of inspection, use, cleaning, and storage; and
    (9) Specific lifelines which may be used. This information should be 
provided to employees during training.
    (f) Inspection considerations. As stated in the standard (section I, 
Paragraph (f)), personal fall arrest systems must be regularly 
inspected. Any component with any significant defect, such as cuts, 
tears, abrasions, mold, or undue stretching; alterations or additions 
which might affect its efficiency; damage due to deterioration; contact 
with fire, acids, or other corrosives; distorted hooks or faulty hook 
springs; tongues unfitted to the shoulder of buckles; loose or damaged 
mountings; non-functioning parts; or wearing or internal deterioration 
in the ropes must be withdrawn from service immediately, and should be 
tagged or marked as unusable, or destroyed.
    (g) Rescue considerations. As required by the standard (section I, 
Paragraph (e)(8)), when personal fall arrest systems are used, the 
employer must assure that employees can be promptly rescued or can 
rescue themselves should a fall occur. The availability of rescue 
personnel, ladders or other rescue equipment should be evaluated. In 
some situations, equipment which allows employees to rescue themselves 
after the fall has been arrested may be desirable, such as devices which 
have descent capability.
    (h) Tie-off considerations. (1) One of the most important aspects of 
personal fall protection systems is fully planning the system before it 
is put into use. Probably the most overlooked component is planning for 
suitable anchorage points. Such planning should ideally be done before 
the structure or building is constructed so that anchorage points can be 
incorporated during construction for use later for window cleaning or 
other building maintenance. If properly planned, these anchorage points 
may be used during construction, as well as afterwards.
    (2) Employers and employees should at all times be aware that the 
strength of a personal fall arrest system is based on its being attached 
to an anchoring system which does not significantly reduce the strength 
of the system (such as a properly dimensioned eye-bolt/snap-hook 
anchorage). Therefore, if a means of attachment is used that will reduce 
the strength of the system, that component should be replaced by a 
stronger one, but one that will also maintain the appropriate maximum 
arrest force characteristics.
    (3) Tie-off using a knot in a rope lanyard or lifeline (at any 
location) can reduce the lifeline or lanyard strength by 50 percent or 
more. Therefore, a stronger lanyard or lifeline should be used to 
compensate for the weakening effect of the knot, or the lanyard length 
should be reduced (or the tie-off location raised) to minimize free fall 
distance, or the lanyard or lifeline should be replaced by one which has 
an appropriately incorporated connector to eliminate the need for a 
knot.
    (4) Tie-off of a rope lanyard or lifeline around an ``H'' or ``I'' 
beam or similar support can reduce its strength as much as 70 percent 
due to the cutting action of the beam edges. Therefore, use should be 
made of a webbing lanyard or wire core lifeline around the beam; or the 
lanyard or lifeline should be protected from the edge; or free fall 
distance should be greatly minimized.
    (5) Tie-off where the line passes over or around rough or sharp 
surfaces reduces strength drastically. Such a tie-off should be avoided 
or an alternative tie-off rigging should be used. Such alternatives may 
include use of a snap-hook/dee ring connection, wire rope tie-off, an 
effective padding of the

[[Page 184]]

surfaces, or an abrasion-resistance strap around or over the problem 
surface.
    (6) Horizontal lifelines may, depending on their geometry and angle 
of sag, be subjected to greater loads than the impact load imposed by an 
attached component. When the angle of horizontal lifeline sag is less 
than 30 degrees, the impact force imparted to the lifeline by an 
attached lanyard is greatly amplified. For example, with a sag angle of 
15 degrees, the force amplification is about 2:1 and at 5 degrees sag, 
it is about 6:1. Depending on the angle of sag, and the line's 
elasticity, the strength of the horizontal lifeline and the anchorages 
to which it is attached should be increased a number of times over that 
of the lanyard. Extreme care should be taken in considering a horizontal 
lifeline for multiple tie-offs. The reason for this is that in multiple 
tie-offs to a horizontal lifeline, if one employee falls, the movement 
of the falling employee and the horizontal lifeline during arrest of the 
fall may cause other employees to also fall. Horizontal lifeline and 
anchorage strength should be increased for each additional employee to 
be tied-off. For these and other reasons, the design of systems using 
horizontal lifelines must only be done by qualified persons. Testing of 
installed lifelines and anchors prior to use is recommended.
    (7) The strength of an eye-bolt is rated along the axis of the bolt 
and its strength is greatly reduced if the force is applied at an angle 
to this axis (in the direction of shear). Also, care should be exercised 
in selecting the proper diameter of the eye to avoid accidental 
disengagement of snap-hooks not designed to be compatible for the 
connection.
    (8) Due to the significant reduction in the strength of the 
lifeline/lanyard (in some cases, as much as a 70 percent reduction), the 
sliding hitch knot should not be used for lifeline/lanyard connections 
except in emergency situations where no other available system is 
practical. The ``one-and-one'' sliding hitch knot should never be used 
because it is unreliable in stopping a fall. The ``two-and-two,'' or 
``three-and-three'' knot (preferable), may be used in emergency situa-
tions; however, care should be taken to limit free fall distance to a 
minimum because of reduced lifeline/lanyard strength.
    (i) Vertical lifeline considerations. As required by the standard, 
each employee must have a separate lifeline when the lifeline is 
vertical. The reason for this is that in multiple tie-offs to a single 
lifeline, if one employee falls, the movement of the lifeline during the 
arrest of the fall may pull other employees' lanyards, causing them to 
fall as well.
    (j) Snap-hook considerations. Although not required by this standard 
for all connections, locking snap-hooks designed for connection to 
suitable objects (of sufficient strength) are highly recommended in lieu 
of the non-locking type. Locking snap-hooks incorporate a positive 
locking mechanism in addition to the spring loaded keeper, which will 
not allow the keeper to open under moderate pressure without someone 
first releasing the mechanism. Such a feature, properly designed, 
effectively prevents roll-out from occurring.
    As required by the standard (section I, paragraph (e)(1)) the 
following connections must be avoided (unless properly designed locking 
snap-hooks are used) because they are conditions which can result in 
roll-out when a nonlocking snap-hook is used:
     Direct connection of a snap-hook to a horizontal lifeline.
     Two (or more) snap-hooks connected to one dee-ring.
     Two snap-hooks connected to each other.
     A snap-hook connected back on its integral lanyard.
     A snap-hook connected to a webbing loop or webbing lanyard.
     Improper dimensions of the dee-ring, rebar, or other 
connection point in relation to the snap-hook dimensions which would 
allow the snap-hook keeper to be depressed by a turning motion of the 
snap-hook.
    (k) Free fall considerations. The employer and employee should at 
all times be aware that a system's maximum arresting force is evaluated 
under normal use conditions established by the manufacturer, and in no 
case using a free fall distance in excess of six feet (1.8 m). A few 
extra feet of free fall can significantly increase the arresting force 
on the employee, possibly to the point of causing injury. Because of 
this, the free fall distance should be kept at a minimum, and, as 
required by the standard, in no case greater than six feet (1.8 m). To 
help assure this, the tie-off attachment point to the lifeline or anchor 
should be located at or above the connection point of the fall arrest 
equipment to belt or harness. (Since otherwise additional free fall 
distance is added to the length of the connecting means (i.e. lanyard)). 
Attaching to the working surface will often result in a free fall 
greater than six feet (1.8 m). For instance, if a six foot (1.8 m) 
lanyard is used, the total free fall distance will be the distance from 
the working level to the body belt (or harness) attachment point plus 
the six feet (1.8 m) of lanyard length. Another important consideration 
is that the arresting force which the fall system must withstand also 
goes up with greater distances of free fall, possibly exceeding the 
strength of the system.
    (l) Elongation and deceleration distance considerations. Other 
factors involved in a proper tie-off are elongation and deceleration 
distance. During the arresting of a fall, a lanyard will experience a 
length of stretching or elongation, whereas activation of a deceleration 
device will result in a certain stopping distance. These distances 
should be available

[[Page 185]]

with the lanyard or device's instructions and must be added to the free 
fall distance to arrive at the total fall distance before an employee is 
fully stopped. The additional stopping distance may be very significant 
if the lanyard or deceleration device is attached near or at the end of 
a long lifeline, which may itself add considerable distance due to its 
own elongation. As required by the standard, sufficient distance to 
allow for all of these factors must also be maintained between the 
employee and obstructions below, to prevent an injury due to impact 
before the system fully arrests the fall. In addition, a minimum of 12 
feet (3.7 m) of lifeline should be allowed below the securing point of a 
rope grab type deceleration device, and the end terminated to prevent 
the device from sliding off the lifeline. Alternatively, the lifeline 
should extend to the ground or the next working level below. These 
measures are suggested to prevent the worker from inadvertently moving 
past the end of the lifeline and having the rope grab become disengaged 
from the lifeline.
    (m) Obstruction considerations. The location of the tie-off should 
also consider the hazard of obstructions in the potential fall path of 
the employee. Tie-offs which minimize the possibilities of exaggerated 
swinging should be considered. In addition, when a body belt is used, 
the employee's body will go through a horizontal position to a jack-
knifed position during the arrest of all falls. Thus, obstructions which 
might interfere with this motion should be avoided or a severe injury 
could occur.
    (n) Other considerations. Because of the design of some personal 
fall arrest systems, additional considerations may be required for 
proper tie-off. For example, heavy deceleration devices of the self-
retracting type should be secured overhead in order to avoid the weight 
of the device having to be supported by the employee. Also, if 
selfretracting equipment is connected to a horizontal lifeline, the sag 
in the lifeline should be minimized to prevent the device from sliding 
down the lifeline to a position which creates a swing hazard during fall 
arrest. In all cases, manufacturer's instructions should be followed.

     Appendix D to Sec. 1910.66--Existing Installations (Mandatory)

                           Use of the Appendix

    Appendix D sets out the mandatory building and equipment 
requirements for applicable permanent installations completed after 
August 27, 1971, and no later than July 23, 1990 which are exempt from 
the paragraphs (a), (b)(1), (b)(2), (c), (d), (e), and (f) of this 
standard. The requirements in appendix D are essentially the same as 
unrevised building and equipment provisions which previously were 
designated as 29 CFR 1910.66 (a), (b), (c) and (d) and which were 
effective on August 27, 1971.

    Note: All existing installations subject to this appendix shall also 
comply with paragraphs (g), (h), (i), (j) and appendix C of the standard 
29 CFR 1910.66.

    (a) Definitions applicable to this appendix--(1) Angulated roping. A 
system of platform suspension in which the upper wire rope sheaves or 
suspension points are closer to the plane of the building face than the 
corresponding attachment points on the platform, thus causing the 
platform to press against the face of the building during its vertical 
travel.
    (2) ANSI. American National Standards Institute.
    (3) Babbitted fastenings. The method of providing wire rope 
attachments in which the ends of the wire strands are bent back and are 
held in a tapered socket by means of poured molten babbitt metal.
    (4) Brake--disc type. A brake in which the holding effect is 
obtained by frictional resistance between one or more faces of discs 
keyed to the rotating member to be held and fixed discs keyed to the 
stationary or housing member (pressure between the discs being applied 
axially).
    (5) Brake--self-energizing band type. An essentially undirectional 
brake in which the holding effect is obtained by the snubbing action of 
a flexible band wrapped about a cylindrical wheel or drum affixed to the 
rotating member to be held, the connections and linkages being so 
arranged that the motion of the brake wheel or drum will act to increase 
the tension or holding force of the band.
    (6) Brake--shoe type. A brake in which the holding effect is 
obtained by applying the direct pressure of two or more segmental 
friction elements held to a stationary member against a cylindrical 
wheel or drum affixed to the rotating member to be held.
    (7) Building face rollers. A specialized form of guide roller 
designed to contact a portion of the outer face or wall structure of the 
building, and to assist in stabilizing the operators' platform during 
vertical travel.
    (8) Continuous pressure. Operation by means of buttons or switches, 
any one of which may be used to control the movement of the working 
platform or roof car, only as long as the button or switch is manually 
maintained in the actuating position.
    (9) Control. A system governing starting, stopping, direction, 
acceleration, speed, and retardation of moving members.
    (10) Controller. A device or group of devices, usually contained in 
a single enclosure, which serves to control in some predetermined manner 
the apparatus to which it is connected.

[[Page 186]]

    (11) Electrical ground. A conducting connection between an 
electrical circuit or equipment and the earth, or some conducting body 
which serves in place of the earth.
    (12) Guide roller. A rotating, bearing-mounted, generally 
cylindrical member, operating separately or as part of a guide shoe 
assembly, attached to the platform, and providing rolling contact with 
building guideways, or other building contact members.
    (13) Guide shoe. An assembly of rollers, slide members, or the 
equivalent, attached as a unit to the operators' platform, and designed 
to engage with the building members provided for the vertical guidance 
of the operators' platform.
    (14) Interlock. A device actuated by the operation of some other 
device with which it is directly associated, to govern succeeding 
operations of the same or allied devices.
    (15) Operating device. A pushbutton, lever, or other manual device 
used to actuate a control.
    (16) Powered platform. Equipment to provide access to the exterior 
of a building for maintenance, consisting of a suspended power-operated 
working platform, a roof car, or other suspension means, and the 
requisite operating and control devices.
    (17) Rated load. The combined weight of employees, tools, equipment, 
and other material which the working platform is designed and installed 
to lift.
    (18) Relay, direction. An electrically energized contactor 
responsive to an initiating control circuit, which in turn causes a 
moving member to travel in a particular direction.
    (19) Relay, potential for vertical travel. An electrically energized 
contactor responsive to initiating control circuit, which in turn 
controls the operation of a moving member in both directions. This relay 
usually operates in conjunction with direction relays, as covered under 
the definition, ``relay, direction.''
    (20) Roof car. A structure for the suspension of a working platform, 
providing for its horizontal movement to working positions.
    (21) Roof-powered platform. A powered platform having the raising 
and lowering mechanism located on a roof car.
    (22) Self-powered platform. A powered platform having the raising 
and lowering mechanism located on the working platform.
    (23) Traveling cable. A cable made up of electrical or communication 
conductors or both, and providing electrical connection between the 
working platform and the roof car or other fixed point.
    (24) Weatherproof. Equipment so constructed or protected that 
exposure to the weather will not interfere with its proper operation.
    (25) Working platform. The suspended structure arranged for vertical 
travel which provides access to the exterior of the building or 
structure.
    (26) Yield point. The stress at which the material exhibits a 
permanent set of 0.2 percent.
    (27) Zinced fastenings. The method of providing wire rope 
attachments in which the splayed or fanned wire ends are held in a 
tapered socket by means of poured molten zinc.
    (b) General requirements. (1) Design requirements. All powered 
platform installations for exterior building maintenance completed as of 
August 27, 1971, but no later than [insert date, 180 days after the 
effective date], shall meet all of the design, construction and 
installation requirements of Part II and III of the ``American National 
Standard Safety Requirements for Powered Platforms for Exterior Building 
Maintenance ANSI A120.1-1970'' and of this appendix. References shall be 
made to appropriate parts of ANSI A120.1-1970 for detail specifications 
for equipment and special installations.
    (2) Limitation. The requirements of this appendix apply only to 
electric powered platforms. It is not the intent of this appendix to 
prohibit the use of other types of power. Installation of powered 
platforms using other types of power is permitted, provided such 
platforms have adequate protective devices for the type of power used, 
and otherwise provide for reasonable safety of life and limb to users of 
equipment and to others who may be exposed.
    (3) Types of powered platforms. (i) For the purpose of applying this 
appendix, powered platforms are divided into two basic types, Type F and 
Type T.
    (ii) Powered platforms designated as Type F shall meet all the 
requirements in Part II of ANSI A 120.1-1970, American National Standard 
Safety Requirements for Powered Platforms for Exterior Building 
Maintenance. A basic requirement of Type F equipment is that the work 
platform is suspended by at least four wire ropes and designed so that 
failure of any one wire rope will not substantially alter the normal 
position of the working platform. Another basic requirement of Type F 
equipment is that only one layer of hoisting rope is permitted on 
winding drums. Type F powered platforms may be either roof-powered or 
self-powered.
    (iii) Powered platforms designated as Type T shall meet all the 
requirements in Part III of ANSI A120.1-1970 American National Standard 
Safety Requirements for Powered Platforms for Exterior Building 
Maintenance, except for section 28, Safety Belts and Life Lines. A basic 
requirement of Type T equipment is that the working platform is 
suspended by at least two wire ropes. Failure of one wire rope would not 
permit the working platform to fall to the ground, but would upset its 
normal position. Type T powered

[[Page 187]]

platforms may be either roof-powered or self-powered.
    (iv) The requirements of this section apply to powered platforms 
with winding drum type hoisting machines. It is not the intent of this 
section to prohibit powered platforms using other types of hoisting 
machines such as, but not limited to, traction drum hoisting machines, 
air powered machines, hydraulic powered machines, and internal 
combustion machines. Installation of powered platforms with other types 
of hoisting machines is permitted, provided adequate protective devices 
are used, and provided reasonable safety of life and limb to users of 
the equipment and to others who may be exposed is assured.
    (v) Both Type F and Type T powered platforms shall comply with the 
requirements of appendix C of this standard.
    (c) Type F powered platforms--(1) Roof car, general. (i) A roof car 
shall be provided whenever it is necessary to move the working platform 
horizontally to working or storage positions.
    (ii) The maximum rated speed at which a power traversed roof car may 
be moved in a horizontal direction shall be 50 feet per minute.
    (2) Movement and positioning of roof car. (i) Provision shall be 
made to protect against having the roof car leave the roof or enter roof 
areas not designed for travel.
    (ii) The horizontal motion of the roof cars shall be positively 
controlled so as to insure proper movement and positioning of the roof 
car.
    (iii) Roof car positioning devices shall be provided to insure that 
the working platform is placed and retained in proper position for 
vertical travel and during storage.
    (iv) Mechanical stops shall be provided to prevent the traversing of 
the roof car beyond its normal limits of travel. Such stops shall be 
capable of withstanding a force equal to 100 percent of the inertial 
effect of the roof car in motion with traversing power applied.
    (v)(a) The operating device of a power-operated roof car for 
traversing shall be located on the roof car, the working platform, or 
both, and shall be of the continuous pressure weather-proof electric 
type. If more than one operating device is provided, they shall be so 
arranged that traversing is possible only from one operating device at a 
time.
    (b) The operating device shall be so connected that it is not 
operable until:
    (1) The working platform is located at its uppermost position of 
travel and is not in contact with the building face or fixed vertical 
guides in the face of the building; and
    (2) All protective devices and interlocks are in a position for 
traversing.
    (3) Roof car stability. Roof car stability shall be determined by 
either paragraph (c)(3) (i) or (ii) of this appendix, whichever is 
greater.
    (i) The roof car shall be continuously stable, considering 
overturning moment as determined by 125 percent rated load, plus maximum 
dead load and the prescribed wind loading.
    (ii) The roof car and its anchorages shall be capable of resisting 
accidental over-tensioning of the wire ropes suspending the working 
platform and this calculated value shall include the effect of one and 
one-half times the value. For this calculation, the simultaneous effect 
of one-half wind load shall be included, and the design stresses shall 
not exceed those referred to in paragraph (b)(1) of this appendix.
    (iii) If the load on the motors is at any time in excess of three 
times that required for lifting the working platform with its rated load 
the motor shall stall.
    (4) Access to the roof car. Safe access to the roof car and from the 
roof car to the working platform shall be provided. If the access to the 
roof car at any point of its travel is not over the roof area or where 
otherwise necessary for safety, self-closing, self-locking gates shall 
be provided. Applicable provisions of the American National Standard 
Safety Requirements for Floor and Wall Openings, Railings and Toeboard, 
A12.1-1967, shall apply.
    (5) Means for maintenance, repair, and storage. Means shall be 
provided to run the roof car away from the roof perimeter, where 
necessary, and to provide a safe area for maintenance, repairs, and 
storage. Provisions shall be made to secure the machine in the stored 
position. For stored machines subject to wind forces, see special design 
and anchorage requirements for ``wind forces'' in Part II, section 
10.5.1.1 of ANSI A120.1-1970 American National Standard Safety 
Requirements for Powered Platforms for Exterior Building Maintenance.
    (6) General requirements for working platforms. The working platform 
shall be of girder or truss construction and shall be adequate to 
support its rated load under any position of loading, and comply with 
the provisions set forth in section 10 of ANSI A120.1-1970, American 
National Standard Safety Requirements for Powered Platforms for Exterior 
Building Maintenance.
    (7) Load rating plate. Each working platform shall bear a 
manufacturer's load rating plate, conspicuously posted; stating the 
maximum permissible rated load. Load rating plates shall be made of 
noncorrosive material and shall have letters and figures stamped, 
etched, or cast on the surface. The minimum height of the letters and 
figures shall be one-fourth inch.
    (8) Minimum size. The working platform shall have a minimum net 
width of 24 inches.
    (9) Guardrails. Working platforms shall be furnished with permanent 
guard rails not

[[Page 188]]

less than 36 inches high, and not more than 42 inches high at the front 
(building side). At the rear, and on the sides, the rail shall not be 
less than 42 inches high. An intermediate guardrail shall be provided 
around the entire platform between the top guardrail and the toeboard.
    (10) Toeboards. A four-inch toeboard shall be provided along all 
sides of the working platform.
    (11) Open spaces between guardrails and toeboards. The spaces 
between the intermediate guardrail and platform toeboard on the building 
side of the working platform, and between the top guardrail and the 
toeboard on other sides of the platform, shall be filled with metalic 
mesh or similar material that will reject a ball one inch in diameter. 
The installed mesh shall be capable of withstanding a load of 100 pounds 
applied horizontally over any area of 144 square inches. If the space 
between the platform and the building face does not exceed eight inches, 
and the platform is restrained by guides, the mesh may be omitted on the 
front side.
    (12) Flooring. The platform flooring shall be of the nonskid type, 
and if of open construction, shall reject a \9/16\-inch diameter ball, 
or be provided with a screen below the floor to reject a \9/16\-inch 
diameter ball.
    (13) Access gates. Where access gates are provided, they shall be 
self-closing and self-locking.
    (14) Operating device for vertical movement of the working platform. 
(i) The normal operating device for the working platform shall be 
located on the working platform and shall be of the continuous pressure 
weatherproof electric type.
    (ii) The operating device shall be operable only when all electrical 
protective devices and interlocks on the working platform are in 
position for normal service and, the roof car, if provided, is at an 
established operating point.
    (15) Emergency electric operative device. (i) In addition, on roof-
powered platforms, an emergency electric operating device shall be 
provided near the hoisting machine for use in the event of failure of 
the normal operating device for the working platform, or failure of the 
traveling cable system. The emergency operating device shall be mounted 
in a locked compartment and shall have a legend mounted thereon reading: 
``For Emergency Operation Only. Establish Communication With Personnel 
on Working Platform Before Use.''
    (ii) A key for unlocking the compartment housing the emergency 
operating device shall be mounted in a break-glass receptacle located 
near the emergency operating device.
    (16) Manual cranking for emergency operation. Emergency operation of 
the main drive machine may be provided to allow manual cranking. This 
provision for manual operation shall be designed so that not more than 
two persons will be required to perform this operation. The access to 
this provision shall include a means to automatically make the machine 
inoperative electrically while under the emergency manual operation. The 
design shall be such that the emergency brake is operative at or below 
governor tripping speed during manual operation.
    (17) Arrangement and guarding of hoisting equipment.
    (i) Hoisting equipment shall consist of a power-driven drum or drum 
contained in the roof car (roof-powered platforms) or contained on the 
working platform (self-powered platform).
    (ii) The hoisting equipment shall be power-operated in both up and 
down directions.
    (iii) Guard or other protective devices shall be installed wherever 
rotating shafts or other mechanisms or gears may expose personnel to a 
hazard.
    (iv) Friction devices or clutches shall not be used for connecting 
the main driving mechanism to the drum or drums. Belt or chain-driven 
machines are prohibited.
    (18) Hoisting motors. (i) Hoisting motors shall be electric and of 
weather-proof construction.
    (ii) Hoisting motors shall be in conformance with applicable 
provisions of paragraph (c)(22) of this appendix, Electric Wiring and 
Equipment.
    (iii) Hoisting motors shall be directly connected to the hoisting 
machinery. Motor couplings, if used, shall be of steel construction.
    (19) Brakes. The hoisting machine(s) shall have two independent 
braking means, each designed to stop and hold the working platform with 
125 percent of rated load.
    (20) Hoisting ropes and rope connections. (i) Working platforms 
shall be suspended by wire ropes of either 6 x 19 or 6 x 37 
classification, preformed or nonpreformed.
    (ii) [Reserved]
    (iii) The minimum factor of safety shall be 10, and shall be 
calculated by the following formula:

F = S x N/W

Where
S = Manufacturer's rated breaking strength of one rope.
N = Number of ropes under load.
W = Maximum static load on all ropes with the platform and its rated 
load at any point of its travel.

    (iv) Hoisting ropes shall be sized to conform with the required 
factor of safety, but in no case shall the size be less than \5/16\ inch 
diameter.
    (v) Winding drums shall have at least three turns of rope remaining 
when the platform has landed at the lowest possible point of its travel.

[[Page 189]]

    (vi) The lengthening or repairing of wire rope by the joining of two 
or more lengths is prohibited.
    (vii) The nondrum ends of the hoisting ropes shall be provided with 
individual shackle rods which will permit individual adjustment of rope 
lengths, if required.
    (viii) More than two reverse bends in each rope is prohibited.
    (21) Rope tag data. (i) A metal data tag shall be securely attached 
to one of the wire rope fastenings. This data tag shall bear the 
following wire rope data:
    (a) The diameter in inches.
    (b) Construction classification.
    (c) Whether nonpreformed or preformed.
    (d) The grade of material used.
    (e) The manufacturer's rated breaking strength.
    (f) Name of the manufacturer of the rope.
    (g) The month and year the ropes were installed.
    (22) Electrical wiring and equipment. (i) All electrical equipment 
and wiring shall conform to the requirements of the National Electrical 
Code, NFPA 70-1971; ANSI C1-1971 (Rev. of C1-1968), except as modified 
by ANSI A120.1-1970 ``American National Standard Safety Requirements for 
Powered Platforms for Exterior Building Maintenance.'' For detail design 
specifications for electrical equipment, see Part 2, ANSI A120.1-1970.
    (ii) All motors and operation and control equipment shall be 
supplied from a single power source.
    (iii) The power supply for the powered platform shall be an 
independent circuit supplied through a fused disconnect switch.
    (iv) Electrical conductor parts of the power supply system shall be 
protected against accidental contact.
    (v) Electrical grounding shall be provided.
    (a) Provisions for electrical grounding shall be included with the 
power-supply system.
    (b) Controller cabinets, motor frames, hoisting machines, the 
working platform, roof car and roof car track system, and noncurrent 
carrying parts of electrical equipment, where provided, shall be 
grounded.
    (c) The controller, where used, shall be so designed and installed 
that a single ground or short circuit will not prevent both the normal 
and final stopping device from stopping the working platform.
    (d) Means shall be provided on the roof car and working platform for 
grounding portable electric tools.
    (e) The working platform shall be grounded through a grounding 
connection in a traveling cable. Electrically powered tools utilized on 
the working platform shall be grounded.
    (vi) Electrical receptacles located on the roof or other exterior 
location shall be of a weatherproof type and shall be located so as not 
to be subject to contact with water or accumulated snow. The receptacles 
shall be grounded and the electric cable shall include a grounding 
conductor. The receptacle and plug shall be a type designed to avoid 
hazard to persons inserting or withdrawing the plug. Provision shall be 
made to prevent application of cable strain directly to the plug and 
receptacle.
    (vii) Electric runway conductor systems shall be of the type 
designed for use in exterior locations and shall be located so as not to 
be subject to contact with water or accumulated snow. The conductors, 
collectors, and disconnecting means shall conform to the same 
requirements as those for cranes and hoists in Article 610 of the 
National Electrical Code, NFPA 70-1971; ANSI C1-1971 (Rev. of C1-1968). 
A grounded conductor shall parallel the power conductors and be so 
connected that it cannot be opened by the disconnecting means. The 
system shall be designed to avoid hazard to persons in the area.
    (viii) Electrical protective devices and interlocks of the 
weatherproof type shall be provided.
    (ix) Where the installation includes a roof car, electric contact(s) 
shall be provided and so connected that the operating devices for the 
working platform shall be operative only when the roof car is located 
and mechanically retained at an established operating point.
    (x) Where the powered platform includes a powered-operated roof car, 
the operating device for the roof car shall be inoperative when the roof 
car is mechanically retained at an established operating point.
    (xi) An electric contact shall be provided and so connected that it 
will cause the down direction relay for vertical travel to open if the 
tension in the traveling cable exceeds safe limits.
    (xii) An automatic overload device shall be provided to cut off the 
electrical power to the circuit in all hoisting motors for travel in the 
up direction, should the load applied to the hoisting ropes at either 
end of the working platform exceed 125 percent of its normal tension 
with rated load, as shown on the manufacturer's data plate on the 
working platform.
    (xiii) An automatic device shall be provided for each hoisting rope 
which will cut off the electrical power to the hoisting motor or motors 
in the down direction and apply the brakes if any hoisting rope becomes 
slack.
    (xiv) Upper and lower directional limit devices shall be provided to 
prevent the travel of the working platform beyond the normal upper and 
lower limits of travel.
    (xv) Operation of a directional limit device shall prevent further 
motion in the appropriate direction, if the normal limit of travel has 
been reached.
    (xvi) Directional limit devices, if driven from the hoisting machine 
by chains, tapes,

[[Page 190]]

or cables, shall incorporate a device to disconnect the electric power 
from the hoisting machine and apply both the primary and secondary 
brakes in the event of failure of the driving means.
    (xvii) Final terminal stopping devices of the working platform:
    (a) Final terminal stopping devices for the working platform shall 
be provided as a secondary means of preventing the working platform from 
over-traveling at the terminals.
    (b) The device shall be set to function as close to each terminal 
landing as practical, but in such a way that under normal operating 
conditions it will not function when the working platform is stopped by 
the normal terminal stopping device.
    (c) Operation of the final terminal stopping device shall open the 
potential relay for vertical travel, thereby disconnecting the electric 
power from the hoisting machine, and applying both the primary and 
secondary brakes.
    (d) The final terminal stopping device for the upper limit of travel 
shall be mounted so that it is operated directly by the motion of the 
working platform itself.
    (xviii) Emergency stop switches shall be provided in or adjacent to 
each operating device.
    (xix) Emergency stop switches shall:
    (a) Have red operating buttons or handles.
    (b) Be conspicuously and permanently marked ``Stop.''
    (c) Be the manually opened and manually closed type.
    (d) Be positively opened with the opening not solely dependent on 
springs.
    (xx) The manual operation of an emergency stop switch associated 
with an operating device for the working platform shall open the 
potential relay for vertical travel, thereby disconnecting the electric 
power from the hoisting machine and applying both the primary and 
secondary brakes.
    (xxi) The manual operation of the emergency stop switch associated 
with the operating device for a power-driven roof car shall cause the 
electrical power to the traverse machine to be interrupted, and the 
traverse machine brake to apply.
    (23) Requirements for emergency communications. (i) Communication 
equipment shall be provided for each powered platform for use in an 
emergency.
    (ii) Two-way communication shall be established between personnel on 
the roof and personnel on the stalled working platform before any 
emergency operation of the working platform is undertaken by personnel 
on the roof.
    (iii) The equipment shall permit two-way voice communication between 
the working platform and
    (a) Designated personnel continuously available while the powered 
platform is in use; and
    (b) Designated personnel on roof-powered platforms, undertaking 
emergency operation of the working platform by means of the emergency 
operating device located near the hoisting machine.
    (iv) The emergency communication equipment shall be one of the 
following types:
    (a) Telephone connected to the central telephone exchange system; or
    (b) Telephones on a limited system or an approved two-way radio 
system, provided designated personnel are available to receive a message 
during the time the powered platform is in use.
    (d) Type T powered platforms--(1) Roof car. The requirements of 
paragraphs (c)(1) through (c)(5) of this appendix shall apply to Type T 
powered platforms.
    (2) Working platform. The requirements of paragraphs (c)(6) through 
(c)(16) of this appendix apply to Type T powered platforms.
    (i) The working platform shall be suspended by at least two wire 
ropes.
    (ii) The maximum rated speed at which the working platform of self-
powered platforms may be moved in a vertical direction shall not exceed 
35 feet per minute.
    (3) Hoisting equipment. The requirements of paragraphs (c) (17) and 
(18) of this appendix shall apply to Type T powered platforms.
    (4) Brakes. Brakes requirements of paragraph (c)(19) of this 
appendix shall apply.
    (5) Hoisting ropes and rope connections. (i) Paragraphs (c)(20) (i) 
through (vi) and (viii) of this appendix shall apply to Type T powered 
platforms.
    (ii) Adjustable shackle rods in subparagraph (c)(20)(vii) of this 
appendix shall apply to Type T powered platforms, if the working 
platform is suspended by more than two wire ropes.
    (6) Electrical wiring and equipment. (i) The requirements of 
paragraphs (c)(22) (i) through (vi) of this appendix shall apply to Type 
T powered platforms. ``Circuit protection limitation,'' ``powered 
platform electrical service system,'' all operating services and control 
equipment shall comply with the specifications contained in Part 2, 
section 26, ANSI A120.1-1970.
    (ii) For electrical protective devices the requirements of 
paragraphs (c)(22) (i) through (viii) of this appendix shall apply to 
Type T powered platforms. Requirements for the ``circuit potential 
limitation'' shall be in accordance with specifications contained in 
Part 2, section 26, of ANSI A120.1-1970.
    (7) Emergency communications. All the requirements of paragraph 
(c)(23) of this appendix shall apply to Type T powered platforms.

[54 FR 31456, July 28, 1989, as amended at 61 FR 9235, Mar. 7, 1996]

[[Page 191]]



Sec. 1910.67  Vehicle-mounted elevating and rotating work platforms.

    (a) Definitions applicable to this section--(1) Aerial device. Any 
vehicle--mounted device, telescoping or articulating, or both, which is 
used to position personnel.
    (2) Aerial ladder. An aerial device consisting of a single- or 
multiple-section extensible ladder.
    (3) Articulating boom platform. An aerial device with two or more 
hinged boom sections.
    (4) Extensible boom platform. An aerial device (except ladders) with 
a telescopic or extensible boom. Telescopic derricks with personnel 
platform attachments shall be considered to be extensible boom platforms 
when used with a personnel platform.
    (5) Insulated aerial device. An aerial device designed for work on 
energized lines and apparatus.
    (6) Mobile unit. A combination of an aerial device, its vehicle, and 
related equipment.
    (7) Platform. Any personnel-carrying device (basket or bucket) which 
is a component of an aerial device.
    (8) Vehicle. Any carrier that is not manually propelled.
    (9) Vertical tower. An aerial device designed to elevate a platform 
in a substantially vertical axis.
    (b) General requirements. (1) Unless otherwise provided in this 
section, aerial devices (aerial lifts) acquired on or after July 1, 
1975, shall be designed and constructed in conformance with the 
applicable requirements of the American National Standard for ``Vehicle 
Mounted Elevating and Rotating Work Platforms,'' ANSI A92.2--1969, 
including appendix, which is incorporated by reference as specified in 
Sec. 1910.6. Aerial lifts acquired for use before July 1, 1975 which do 
not meet the requirements of ANSI A92.2--1969, may not be used after 
July 1, 1976, unless they shall have been modified so as to conform with 
the applicable design and construction requirements of ANSI A92.2--1969. 
Aerial devices include the following types of vehicle-mounted aerial 
devices used to elevate personnel to jobsites above ground: (i) 
Extensible boom platforms, (ii) aerial ladders, (iii) articulating boom 
platforms, (iv) vertical towers, and (v) a combination of any of the 
above. Aerial equipment may be made of metal, wood, fiberglass 
reinforced plastic (FRP), or other material; may be powered or manually 
operated; and are deemed to be aerial lifts whether or not they are 
capable of rotating about a substantially vertical axis.
    (2) Aerial lifts may be ``field modified'' for uses other than those 
intended by the manufacturer, provided the modification has been 
certified in writing by the manufacturer or by any other equivalent 
entity, such as a nationally recognized testing laboratory, to be in 
conformity with all applicable provisions of ANSI A92.2--1969 and this 
section, and to be at least as safe as the equipment was before 
modification.
    (3) The requirements of this section do not apply to firefighting 
equipment or to the vehicles upon which aerial devices are mounted, 
except with respect to the requirement that a vehicle be a stable 
support for the aerial device.
    (4) For operations near overhead electric lines, see 
Sec. 1910.333(c)(3).
    (c) Specific requirements--(1) Ladder trucks and tower trucks. 
Before the truck is moved for highway travel, aerial ladders shall be 
secured in the lower traveling position by the locking device above the 
truck cab, and the manually operated device at the base of the ladder, 
or by other equally effective means (e.g., cradles which prevent 
rotation of the ladder in combination with positive acting linear 
actuators).
    (2) Extensible and articulating boom platforms. (i) Lift controls 
shall be tested each day prior to use to determine that such controls 
are in safe working condition.
    (ii) Only trained persons shall operate an aerial lift.
    (iii) Belting off to an adjacent pole, structure, or equipment while 
working from an aerial lift shall not be permitted.
    (iv) Employees shall always stand firmly on the floor of the basket, 
and shall not sit or climb on the edge of the basket or use planks, 
ladders, or other devices for a work position.
    (v) A body belt shall be worn and a lanyard attached to the boom or 
basket when working from an aerial lift.
    (vi) Boom and basket load limits specified by the manufacturer shall 
not be exceeded.

[[Page 192]]

    (vii) The brakes shall be set and outriggers, when used, shall be 
positioned on pads or a solid surface. Wheel chocks shall be installed 
before using an aerial lift on an incline.
    (viii) An aerial lift truck may not be moved when the boom is 
elevated in a working position with men in the basket, except for 
equipment which is specifically designed for this type of operation in 
accordance with the provisions of paragraphs (b)(1) and (b)(2) of this 
section.
    (ix) Articulating boom and extensible boom platforms, primarily 
designed as personnel carriers, shall have both platform (upper) and 
lower controls. Upper controls shall be in or beside the platform within 
easy reach of the operator. Lower controls shall provide for overriding 
the upper controls. Controls shall be plainly marked as to their 
function. Lower level controls shall not be operated unless permission 
has been obtained from the employee in the lift, except in case of 
emergency.
    (x) Climbers shall not be worn while performing work from an aerial 
lift.
    (xi) The insulated portion of an aerial lift shall not be altered in 
any manner that might reduce its insulating value.
    (xii) Before moving an aerial lift for travel, the boom(s) shall be 
inspected to see that it is properly cradled and outriggers are in 
stowed position, except as provided in paragraph (c)(2)(viii) of this 
section.
    (3) Electrical tests. Electrical tests shall be made in conformance 
with the requirements of ANSI A92.2--1969, Section 5. However, 
equivalent DC voltage tests may be used in lieu of the AC voltage test 
specified in A92.2--1969. DC voltage tests which are approved by the 
equipment manufacturer or equivalent entity shall be considered an 
equivalent test for the purpose of this paragraph (c)(3).
    (4) Bursting safety factor. All critical hydraulic and pneumatic 
components shall comply with the provisions of the American National 
Standards Institute standard, ANSI A92.2--1969, Section 4.9 Bursting 
Safety Factor. Critical components are those in which a failure would 
result in a free fall or free rotation of the boom. All noncritical 
components shall have a bursting safety factor of at least two to one.
    (5) Welding standards. All welding shall conform to the following 
Automotive Welding Society (AWS) Standards, which are incorporated by 
reference as specified in Sec. 1910.6, as applicable:
    (i) Standard Qualification Procedure, AWS B3.0--41.
    (ii) Recommended Practices for Automotive Welding Design, AWS D8.4-
61.
    (iii) Standard Qualification of Welding Procedures and Welders for 
Piping and Tubing, AWS D10.9-69.
    (iv) Specifications for Welding Highway and Railway Bridges, AWS 
D2.0-69.

[39 FR 23502, June 27, 1974, as amended at 40 FR 13439, Mar. 26, 1975; 
55 FR 32014, Aug. 6, 1990; 61 FR 9235, Mar. 7, 1996]



Sec. 1910.68  Manlifts.

    (a) Definitions applicable to this section--(1) Handhold (Handgrip). 
A handhold is a device attached to the belt which can be grasped by the 
passenger to provide a means of maintaining balance.
    (2) Open type. One which has a handgrip surface fully exposed and 
capable of being encircled by the passenger's fingers.
    (3) Closed type. A cup-shaped device, open at the top in the 
direction of travel of the step for which it is to be used, and closed 
at the bottom, into which the passenger may place his fingers.
    (4) Limit switch. A device, the purpose of which is to cut off the 
power to the motor and apply the brake to stop the carrier in the event 
that a loaded step passes the terminal landing.
    (5) Manlift. A device consisting of a power-driven endless belt 
moving in one direction only, and provided with steps or platforms and 
handholds attached to it for the transportation of personnel from floor 
to floor.
    (6) Rated speed. Rated speed is the speed for which the device is 
designed and installed.
    (7) Split-rail switch. An electric limit switch operated 
mechanically by the rollers on the manlift steps. It consists of an 
additional hinged or ``split'' rail, mounted on the regular guide rail, 
over which the step rollers pass. It is springloaded in the ``split'' 
position. If the step supports no load, the rollers

[[Page 193]]

will ``bump'' over the switch; if a loaded step should pass over the 
section, the split rail will be forced straight, tripping the switch and 
opening the electrical circuit.
    (8) Step (platform). A step is a passenger carrying unit.
    (9) Travel. The travel is the distance between the centers of the 
top and bottom pulleys.
    (b) General requirements--(1) Application. This section applies to 
the construction, maintenance, inspection, and operation of manlifts in 
relation to accident hazards. Manlifts covered by this section consist 
of platforms or brackets and accompanying handholds mounted on, or 
attached to an endless belt, operating vertically in one direction only 
and being supported by, and driven through pulleys, at the top and 
bottom. These manlifts are intended for conveyance of persons only. It 
is not intended that this section cover moving stairways, elevators with 
enclosed platforms (``Paternoster'' elevators), gravity lifts, nor 
conveyors used only for conveying material. This section applies to 
manlifts used to carry only personnel trained and authorized by the 
employer in their use.
    (2) Purpose. The purpose of this section is to provide reasonable 
safety for life and limb.
    (3) Design requirements. All new manlift installations and equipment 
installed after the effective date of these regulations shall meet the 
design requirements of the ``American National Safety Standard for 
Manlifts ANSI A90.1-1969'', which is incorporated by reference as 
specified in Sec. 1910.6, and the requirements of this section.
    (4) Reference to other codes and subparts. The following codes, and 
subparts of this part, are applicable to this section: Safety Code for 
Mechanical Power Transmission Apparatus, ANSI B15.1-1953 (R 1958), and 
subpart O; subpart S; Safety Code for Fixed Ladders, ANSI A14.3-1956, 
and Safety Requirements for Floor and Wall Openings, Railings and 
Toeboards, ANSI A12.1-1967, and subpart D. The preceding ANSI standards 
are incorporated by reference as specified in Sec. 1910.6.
    (5) Floor openings--(i) Allowable size. Floor openings for both the 
``up'' and ``down'' runs shall be not less than 28 inches nor more than 
36 inches in width for a 12-inch belt; not less than 34 inches nor more 
than 38 inches for a 14-inch belt; and not less than 36 inches nor more 
than 40 inches for a 16-inch belt and shall extend not less than 24 
inches, nor more than 28 inches from the face of the belt.
    (ii) Uniformity. All floor openings for a given manlift shall be 
uniform in size and shall be approximately circular, and each shall be 
located vertically above the opening below it.
    (6) Landing--(i) Vertical clearance. The clearanace between the 
floor or mounting platform and the lower edge for the conical guard 
above it required by subparagraph (7) of this paragraph shall not be 
less than 7 feet 6 inches. Where this clearance cannot be obtained no 
access to the manlift shall be provided and the manlift runway shall be 
enclosed where it passes through such floor.
    (ii) Clear landing space. The landing space adjacent to the floor 
openings shall be free from obstruction and kept clear at all times. 
This landing space shall be at least 2 feet in width from the edge of 
the floor opening used for mounting and dismounting.
    (iii) Lighting and landing. Adequate lighting, not less than 5-foot 
candles, shall be provided at each floor landing at all times when the 
lift is in operation.
    (iv) Landing surface. The landing surfaces at the entrances and 
exits to the manlift shall be constructed and maintained as to provide 
safe footing at all times.
    (v) Emergency landings. Where there is a travel of 50 feet or more 
between floor landings, one or more emergency landings shall be provided 
so that there will be a landing (either floor or emergency) for every 25 
feet or less of manlift travel.
    (a) Emergency landings shall be accessible from both the ``up'' and 
``down'' rungs of the manlift and shall give access to the ladder 
required in subparagraph (12) of this paragraph.
    (b) Emergency landings shall be completely enclosed with a standard 
railing and toeboard.

[[Page 194]]

    (c) Platforms constructed to give access to bucket elevators or 
other equipment for the purpose of inspection, lubrication, and repair 
may also serve as emergency landings under this rule. All such platforms 
will then be considered part of the emergency landing and shall be 
provided with standard railings and toeboards.
    (7) Guards on underside of floor openings--(i) Fixed type. On the 
ascending side of the manlift floor openings shall be provided with a 
bevel guard or cone meeting the following requirements:
    (a) The cone shall make an angle of not less than 45 deg. with the 
horizontal. An angle of 60 deg. or greater shall be used where ceiling 
heights permit.
    (b) The lower edge of this guard shall extend at least 42 inches 
outward from any handhold on the belt. It shall not extend beyond the 
upper surface of the floor above.
    (c) The cone shall be made of not less than No. 18 U.S. gauge sheet 
steel or material of equivalent strength or stiffness. The lower edge 
shall be rolled to a minimum diameter of one-half inch and the interior 
shall be smooth with no rivets, bolts or screws protruding.
    (ii) Floating type. In lieu of the fixed guards specified in 
subdivision (i) of this subparagraph a floating type safety cone may be 
used, such floating cones to be mounted on hinges at least 6 inches 
below the underside of the floor and so constructed as to actuate a 
limit switch should a force of 2 pounds be applied on the edge of the 
cone closest to the hinge. The depth of this floating cone need not 
exceed 12 inches.
    (8) Protection of entrances and exits--(i) Guard rail requirement. 
The entrances and exits at all floor landings affording access to the 
manlift shall be guarded by a maze (staggered railing) or a handrail 
equipped with self-closing gates.
    (ii) Construction. The rails shall be standard guardrails with 
toeboards meeting the provisions of the Safety Requirements for Floor 
and Wall Openings, Railings and Toeboards, ANSI A12.1-1967 and 
Sec. 1910.23.
    (iii) Gates. Gates, if used, shall open outward and shall be self-
closing. Corners of gates shall be rounded.
    (iv) Maze. Maze or staggered openings shall offer no direct passage 
between enclosure and outer floor space.
    (v) Except where building layout prevents, entrances at all landings 
shall be in the same relative position.
    (9) Guards for openings--(i) Construction. The floor opening at each 
landing shall be guarded on sides not used for entrance or exit by a 
wall, a railing and toeboard or by panels of wire mesh of suitable 
strength.
    (ii) Height and location. Such rails or guards shall be at least 42 
inches in height on the up-running side and 66 inches on the down-
running side.
    (10) Bottom arrangement--(i) Bottom landing. At the bottom landing 
the clear area shall be not smaller than the area enclosed by the 
guardrails on the floors above, and any wall in front of the down-
running side of the belt shall be not less than 48 inches from the face 
of the belt. This space shall not be encroached upon by stairs or 
ladders.
    (ii) Location of lower pulley. The lower (boot) pulley shall be 
installed so that it is supported by the lowest landing served. The 
sides of the pulley support shall be guarded to prevent contact with the 
pulley or the steps.
    (iii) Mounting platform. A mounting platform shall be provided in 
front or to one side of the uprun at the lowest landing, unless the 
floor level is such that the following requirement can be met: The floor 
or platform shall be at or above the point at which the upper surface of 
the ascending step completes its turn and assumes a horizontal position.
    (iv) Guardrails. To guard against persons walking under a descending 
step, the area on the downside of the manlift shall be guarded in 
accordance with subparagraph (8) of this paragraph. To guard against a 
person getting between the mounting platform and an ascending step, the 
area between the belt and the platform shall be protected by a 
guardrail.
    (11) Top arrangements--(i) Clearance from floor. A top clearance 
shall be provided of at least 11 feet above the top terminal landing. 
This clearance shall be maintained from a plane through each face of the 
belt to a vertical cylindrical plane having a diameter 2 feet greater 
than the diameter of the floor

[[Page 195]]

opening, extending upward from the top floor to the ceiling on the up-
running side of the belt. No encroachment of structural or machine 
supporting members within this space will be permitted.
    (ii) Pulley clearance. (a) There shall be a clearance of at least 5 
feet between the center of the head pulley shaft and any ceiling 
obstruction.
    (b) The center of the head pulley shaft shall be not less than 6 
feet above the top terminal landing.
    (iii) Emergency grab rail. An emergency grab bar or rail and 
platform shall be provided at the head pulley when the distance to the 
head pulley is over 6 feet above the top landing, otherwise only a grab 
bar or rail is to be provided to permit the rider to swing free should 
the emergency stops become inoperative.
    (12) Emergency exit ladder. A fixed metal ladder accessible from 
both the ``up'' and ``down'' run of the manlift shall be provided for 
the entire travel of the manlift. Such ladder shall be in accordance 
with the existing ANSI A14.3-1956 Safety Code for Fixed Ladders and 
Sec. 1910.27.
    (13) Superstructure bracing. Manlift rails shall be secured in such 
a manner as to avoid spreading, vibration, and misalinement.
    (14) Illumination--(i) General. Both runs of the manlift shall be 
illuminated at all times when the lift is in operation. An intensity of 
not less than 1-foot candle shall be maintained at all points. (However, 
see subparagraph (6)(iii) of this paragraph for illumination 
requirements at landings.)
    (ii) Control of illumination. Lighting of manlift runways shall be 
by means of circuits permanently tied in to the building circuits (no 
switches), or shall be controlled by switches at each landing. Where 
separate switches are provided at each landing, any switch shall turn on 
all lights necessary to illuminate the entire runway.
    (15) Weather protection. The entire manlift and its driving 
mechanism shall be protected from the weather at all times.
    (c) Mechanical requirements--(1) Machines, general--(i) Brakes. 
Brakes provided for stopping and holding a manlift shall be inherently 
self-engaging, by requiring power or force from an external source to 
cause disengagement. The brake shall be electrically released, and shall 
be applied to the motor shaft for direct-connected units or to the input 
shaft for belt-driven units. The brake shall be capable of stopping and 
holding the manlift when the descending side is loaded with 250 lb on 
each step.
    (ii) Belt. (a) The belts shall be of hard-woven canvas, rubber-
coated canvas, leather, or other material meeting the strength 
requirements of paragraph (b)(3) of this section and having a 
coefficient of friction such that when used in conjunction with an 
adequate tension device it will meet the brake test specified in 
subdivision (i) of this subparagraph.
    (b) The width of the belt shall be not less than 12 inches for a 
travel not exceeding 100 feet, not less than 14 inches for a travel 
greater than 100 feet but not exceeding 150 feet and 16 inches for a 
travel exceeding 150 feet.
    (c) A belt that has become torn while in use on a manlift shall not 
be spliced and put back in service.
    (2) Speed--(i) Maximum speed. No manlift designed for a speed in 
excess of 80 feet per minute shall be installed.
    (ii) [Reserved]
    (3) Platforms or steps--(i) Minimum depth. Steps or platforms shall 
be not less than 12 inches nor more than 14 inches deep, measured from 
the belt to the edge of the step or platform.
    (ii) Width. The width of the step or platform shall be not less than 
the width of the belt to which it is attached.
    (iii) Distance between steps. The distance between steps shall be 
equally spaced and not less than 16 feet measured from the upper surface 
of one step to the upper surface of the next step above it.
    (iv) Angle of step. The surface of the step shall make approximately 
a right angle with the ``up'' and ``down'' run of the belt, and shall 
travel in the approximate horizontal position with the ``up'' and 
``down'' run of the belt.
    (v) Surfaces. The upper or working surfaces of the step shall be of 
a material having inherent nonslip characteristics (coefficient of 
friction not less than 0.5) or shall be covered completely

[[Page 196]]

by a nonslip tread securely fastened to it.
    (vi) Strength of step supports. When subjected to a load of 400 
pounds applied at the approximate center of the step, step frames, or 
supports and their guides shall be of adequate strength to:
    (a) Prevent the disengagement of any step roller.
    (b) Prevent any appreciable misalinement.
    (c) Prevent any visible deformation of the steps or its support.
    (vii) Prohibition of steps without handholds. No steps shall be 
provided unless there is a corresponding handhold above or below it 
meeting the requirements of paragraph (c)(4) of this section. If a step 
is removed for repairs or permanently, the handholds immediately above 
and below it shall be removed before the lift is again placed in 
service.
    (4) Handholds--(i) Location. Handholds attached to the belt shall be 
provided and installed so that they are not less than 4 feet nor more 
than 4 feet 8 inches above the step tread. These shall be so located as 
to be available on the both ``up'' and ``down'' run of the belt.
    (ii) Size. The grab surface of the handhold shall be not less than 
4\1/2\ inches in width, not less than 3 inches in depth, and shall 
provide 2 inches of clearance from the belt. Fastenings for handholds 
shall be located not less than 1 inch from the edge of the belt.
    (iii) Strength. The handhold shall be capable of withstanding, 
without damage, a load of 300 pounds applied parallel to the run of the 
belt.
    (iv) Prohibition of handhold without steps. No handhold shall be 
provided without a corresponding step. If a handhold is removed 
permanently or temporarily, the corresponding step and handhold for the 
opposite direction of travel shall also be removed before the lift is 
again placed in service.
    (v) Type. All handholds shall be of the closed type.
    (5) Up limit stops--(i) Requirements. Two separate automatic stop 
devices shall be provided to cut off the power and apply the brake when 
a loaded step passes the upper terminal landing. One of these shall 
consist of a split-rail switch mechanically operated by the step roller 
and located not more than 6 inches above the top terminal landing. The 
second automatic stop device may consist of any of the following:
    (a) Any split-rail switch placed 6 inches above and on the side 
opposite the first limit switch.
    (b) An electronic device.
    (c) A switch actuated by a lever, rod, or plate, the latter to be 
placed on the ``up'' side of the head pulley so as to just clear a 
passing step.
    (ii) Manual reset location. After the manlift has been stopped by a 
stop device it shall be necessary to reset the automatic stop manually. 
The device shall be so located that a person resetting it shall have a 
clear view of both the ``up'' and ``down'' runs of the manlift. It shall 
not be possible to reset the device from any step or platform.
    (iii) Cut-off point. The initial limit stop device shall function so 
that the manlift will be stopped before the loaded step has reached a 
point 24 inches above the top terminal landing.
    (iv) Electrical requirements. (a) Where such switches open the main 
motor circuit directly they shall be of the multipole type.
    (b) Where electronic devices are used they shall be so designed and 
installed that failure will result in shutting off the power to the 
driving motor.
    (c) Where flammable vapors or combustible dusts may be present, 
electrical installations shall be in accordance with the requirements of 
subpart S of this part for such locations.
    (d) Unless of the oil-immersed type controller contacts carrying the 
main motor current shall be copper to carbon or equal, except where the 
circuit is broken at two or more points simultaneously.
    (6) Emergency stop--(i) General. An emergency stop means shall be 
provided.
    (ii) Location. This stop means shall be within easy reach of the 
ascending and descending runs of the belt.
    (iii) Operation. This stop means shall be so connected with the 
control lever or operating mechanism that it will cut off the power and 
apply the brake when pulled in the direction of travel.

[[Page 197]]

    (iv) Rope. If rope is used, it shall be not less than three-eights 
inch in diameter. Wire rope, unless marlin-covered, shall not be used.
    (7) Instruction and warning signs--(i) Instruction signs at landings 
or belts. Signs of conspicuous and easily read style giving instructions 
for the use of the manlift shall be posted at each landing or stenciled 
on the belt.
    (a) [Reserved]
    (b) The instructions shall read approximately as follows:

Face the Belt.
Use the Handholds.
To Stop--Pull Rope.

    (ii) Top floor warning sign and light. (a) At the top floor an 
illuminated sign shall be displayed bearing the following wording:


``TOP FLOOR--GET OFF''


Signs shall be in block letters not less than 2 inches in height. This 
sign shall be located within easy view of an ascending passenger and not 
more than 2 feet above the top terminal landing.
    (b) In addition to the sign required by paragraph (c)(7)(ii)(a) of 
this section, a red warning light of not less than 40- watt rating shall 
be provided immediately below the upper landing terminal and so located 
as to shine in the passenger's face.
    (iii) Visitor warning. A conspicuous sign having the following 
legend--AUTHORIZED PERSONNEL ONLY--shall be displayed at each landing.
    (d) Operating rules--(1) Proper use of manlifts. No freight, 
packaged goods, pipe, lumber, or construction materials of any kind 
shall be handled on any manlift.
    (2) [Reserved]
    (e) Periodic inspection--(1) Frequency. All manlifts shall be 
inspected by a competent designated person at intervals of not more than 
30 days. Limit switches shall be checked weekly. Manlifts found to be 
unsafe shall not be operated until properly repaired.
    (2) Items covered. This periodic inspection shall cover but is not 
limited to the following items:

Steps.
Step Fastenings.
Rails.
Rail Supports and Fastenings.
Rollers and Slides.
Belt and Belt Tension.
Handholds and Fastenings.
Floor Landings.
Guardrails.
Lubrication.
Limit Switches.
Warning Signs and Lights.
Illumination.
Drive Pulley.
Bottom (boot) Pulley and Clearance.
Pulley Supports.
Motor.
Driving Mechanism.
Brake.
Electrical Switches.
Vibration and Misalignment.
``Skip'' on up or down run when mounting step (indicating worn gears).

    (3) Inspection record. A certification record shall be kept of each 
inspection which includes the date of the inspection, the signature of 
the person who performed the inspection and the serial number, or other 
identifier, of the manlift which was inspected. This record of 
inspection shall be made available to the Assistant Secretary of Labor 
or a duly authorized representative.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978; 
51 FR 34560, Sept. 29, 1986; 54 FR 24334, June 7, 1989; 55 FR 32014, 
Aug. 6, 1990; 61 FR 9235, Mar. 7, 1996]



        Subpart G--Occupational Health and Environmental Control

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Orders Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 
1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; and 29 CFR part 
1911.



Sec. 1910.94  Ventilation.

    (a) Abrasive blasting--(1) Definitions applicable to this 
paragraph--(i) Abrasive. A solid substance used in an abrasive blasting 
operation.
    (ii) Abrasive-blasting respirator. A respirator constructed so that 
it covers the wearer's head, neck, and shoulders to protect the wearer 
from rebounding abrasive.
    (iii) Blast cleaning barrel. A complete enclosure which rotates on 
an axis, or which has an internal moving tread to tumble the parts, in 
order to expose various surfaces of the parts to the action of an 
automatic blast spray.

[[Page 198]]

    (iv) Blast cleaning room. A complete enclosure in which blasting 
operations are performed and where the operator works inside of the room 
to operate the blasting nozzle and direct the flow of the abrasive 
material.
    (v) Blasting cabinet. An enclosure where the operator stands outside 
and operates the blasting nozzle through an opening or openings in the 
enclosure.
    (vi) Clean air. Air of such purity that it will not cause harm or 
discomfort to an individual if it is inhaled for extended periods of 
time.
    (vii) Dust collector. A device or combination of devices for 
separating dust from the air handled by an exhaust ventilation system.
    (viii) Exhaust ventilation system. A system for removing 
contaminated air from a space, comprising two or more of the following 
elements (a) enclosure or hood, (b) duct work, (c) dust collecting 
equipment, (d) exhauster, and (e) discharge stack.
    (ix) Particulate-filter respirator. An air purifying respirator, 
commonly referred to as a dust or a fume respirator, which removes most 
of the dust or fume from the air passing through the device.
    (x) Respirable dust. Airborne dust in sizes capable of passing 
through the upper respiratory system to reach the lower lung passages.
    (xi) Rotary blast cleaning table. An enclosure where the pieces to 
be cleaned are positioned on a rotating table and are passed 
automatically through a series of blast sprays.
    (xii) Abrasive blasting. The forcible application of an abrasive to 
a surface by pneumatic pressure, hydraulic pressure, or centrifugal 
force.
    (2) Dust hazards from abrasive blasting. (i) Abrasives and the 
surface coatings on the materials blasted are shattered and pulverized 
during blasting operations and the dust formed will contain particles of 
respirable size. The composition and toxicity of the dust from these 
sources shall be considered in making an evaluation of the potential 
health hazards.
    (ii) The concentration of respirable dust or fume in the breathing 
zone of the abrasive-blasting operator or any other worker shall be kept 
below the levels specified in Sec. 1910.1000.
    (iii) Organic abrasives which are combustible shall be used only in 
automatic systems. Where flammable or explosive dust mixtures may be 
present, the construction of the equipment, including the exhaust system 
and all electric wiring, shall conform to the requirements of American 
National Standard Installation of Blower and Exhaust Systems for Dust, 
Stock, and Vapor Removal or Conveying, Z33.1-1961 (NFPA 91-1961), which 
is incorporated by reference as specified in Sec. 1910.6, and subpart S 
of this part. The blast nozzle shall be bonded and grounded to prevent 
the build up of static charges. Where flammable or explosive dust 
mixtures may be present, the abrasive blasting enclosure, the ducts, and 
the dust collector shall be constructed with loose panels or explosion 
venting areas, located on sides away from any occupied area, to provide 
for pressure relief in case of explosion, following the principles set 
forth in the National Fire Protection Association Explosion Venting 
Guide, NFPA 68-1954, which is incorporated by reference as specified in 
Sec. 1910.6.
    (3) Blast-cleaning enclosures. (i) Blast-cleaning enclosures shall 
be exhaust ventilated in such a way that a continuous inward flow of air 
will be maintained at all openings in the enclosure during the blasting 
operation.
    (a) All air inlets and access openings shall be baffled or so 
arranged that by the combination of inward air flow and baffling the 
escape of abrasive or dust particules into an adjacent work area will be 
minimized and visible spurts of dust will not be observed.
    (b) The rate of exhaust shall be sufficient to provide prompt 
clearance of the dust-laden air within the enclosure after the cessation 
of blasting.
    (c) Before the enclosure is opened, the blast shall be turned off 
and the exhaust system shall be run for a sufficient period of time to 
remove the dusty air within the enclosure.
    (d) Safety glass protected by screening shall be used in observation 
windows, where hard deep-cutting abrasives are used.
    (e) Slit abrasive-resistant baffles shall be installed in multiple 
sets at all small access openings where dust

[[Page 199]]

might escape, and shall be inspected regularly and replaced when needed.
    (1) Doors shall be flanged and tight when closed.
    (2) Doors on blast-cleaning rooms shall be operable from both inside 
and outside, except that where there is a small operator access door, 
the large work access door may be closed or opened from the outside 
only.
    (ii) [Reserved]
    (4) Exhaust ventilation systems. (i) The construction, installation, 
inspection, and maintenance of exhaust systems shall conform to the 
principles and requirements set forth in American National Standard 
Fundamentals Governing the Design and Operation of Local Exhaust 
Systems, Z9.2-1960, and ANSI Z33.1-1961, which is incorporated by 
reference as specified in Sec. 1910.6.
    (a) When dust leaks are noted, repairs shall be made as soon as 
possible.
    (b) The static pressure drop at the exhaust ducts leading from the 
equipment shall be checked when the installation is completed and 
periodically thereafter to assure continued satisfactory operation. 
Whenever an appreciable change in the pressure drop indicates a partial 
blockage, the system shall be cleaned and returned to normal operating 
condition.
    (ii) In installations where the abrasive is recirculated, the 
exhaust ventilation system for the blasting enclosure shall not be 
relied upon for the removal of fines from the spent abrasive instead of 
an abrasive separator. An abrasive separator shall be provided for the 
purpose.
    (iii) The air exhausted from blast-cleaning equipment shall be 
discharged through dust collecting equipment. Dust collectors shall be 
set up so that the accumulated dust can be emptied and removed without 
contaminating other working areas.
    (5) Personal protective equipment. (i) Employers must use only 
respirators approved by the National Institute for Occupational Safety 
and Health (NIOSH) under 42 CFR part 84 to protect employees from dusts 
produced during abrasive-blasting operations.
    (ii) Abrasive-blasting respirators shall be worn by all abrasive-
blasting operators:
    (a) When working inside of blast-cleaning rooms, or
    (b) When using silica sand in manual blasting operations where the 
nozzle and blast are not physically separated from the operator in an 
exhaust ventilated enclosure, or
    (c) Where concentrations of toxic dust dispersed by the abrasive 
blasting may exceed the limits set in Sec. 1910.1000 and the nozzle and 
blast are not physically separated from the operator in an exhaust-
ventilated enclosure.
    (iii) Properly fitted particulate-filter respirators, commonly 
referred to as dust-filter respirators, may be used for short, 
intermittent, or occasional dust exposures such as cleanup, dumping of 
dust collectors, or unloading shipments of sand at a receiving point 
when it is not feasible to control the dust by enclosure, exhaust 
ventilation, or other means. The respirators used must be approved by 
NIOSH under 42 CFR part 84 for protection against the specific type of 
dust encountered.
    (a) Dust-filter respirators may be used to protect the operator of 
outside abrasive-blasting operations where nonsilica abrasives are used 
on materials having low toxicities.
    (b) Dust-filter respirators shall not be used for continuous 
protection where silica sand is used as the blasting abrasive, or toxic 
materials are blasted.
    (iv) For employees who use respirators required by this section, the 
employer must implement a respiratory protection program in accordance 
with 29 CFR 1910.134.
    (v) Operators shall be equipped with heavy canvas or leather gloves 
and aprons or equivalent protection to protect them from the impact of 
abrasives. Safety shoes shall be worn to protect against foot injury 
where heavy pieces of work are handled.
    (a) Safety shoes shall conform to the requirements of American 
National Standard for Men's Safety-Toe Footwear, Z41.1-1967, which is 
incorporated by reference as specified in Sec. 1910.6.
    (b) Equipment for protection of the eyes and face shall be supplied 
to the operator when the respirator design does not provide such 
protection and to any other personnel working in the vicinity of 
abrasive blasting operations.

[[Page 200]]

This equipment shall conform to the requirements of Sec. 1910.133.
    (6) Air supply and air compressors. Air for abrasive-blasting 
respirators must be free of harmful quantities of dusts, mists, or 
noxious gases, and must meet the requirements for supplied-air quality 
and use specified in 29 CFR 1910.134(i).
    (7) Operational procedures and general safety. Dust shall not be 
permitted to accumulate on the floor or on ledges outside of an 
abrasive-blasting enclosure, and dust spills shall be cleaned up 
promptly. Aisles and walkways shall be kept clear of steel shot or 
similar abrasive which may create a slipping hazard.
    (8) Scope. This paragraph (a) applies to all operations where an 
abrasive is forcibly applied to a surface by pneumatic or hydraulic 
pressure, or by centrifugal force. It does not apply to steam blasting, 
or steam cleaning, or hydraulic cleaning methods where work is done 
without the aid of abrasives.
    (b) Grinding, polishing, and buffing operations--(1) Definitions 
applicable to this paragraph--(i) Abrasive cutting-off wheels. Organic-
bonded wheels, the thickness of which is not more than one forty-eighth 
of their diameter for those up to, and including, 20 inches in diameter, 
and not more than one-sixtieth of their diameter for those larger than 
20 inches in diameter, used for a multitude of operations variously 
known as cutting, cutting off, grooving, slotting, coping, and jointing, 
and the like. The wheels may be ``solid'' consisting of organic-bonded 
abrasive material throughout, ``steel centered'' consisting of a steel 
disc with a rim of organic-bonded material moulded around the periphery, 
or of the ``inserted tooth'' type consisting of a steel disc with 
organic-bonded abrasive teeth or inserts mechanically secured around the 
periphery.
    (ii) Belts. All power-driven, flexible, coated bands used for 
grinding, polishing, or buffing purposes.
    (iii) Branch pipe. The part of an exhaust system piping that is 
connected directly to the hood or enclosure.
    (iv) Cradle. A movable fixture, upon which the part to be ground or 
polished is placed.
    (v) Disc wheels. All power-driven rotatable discs faced with 
abrasive materials, artificial or natural, and used for grinding or 
polishing on the side of the assembled disc.
    (vi) Entry loss. The loss in static pressure caused by air flowing 
into a duct or hood. It is usually expressed in inches of water gauge.
    (vii) Exhaust system. A system consisting of branch pipes connected 
to hoods or enclosures, one or more header pipes, an exhaust fan, means 
for separating solid contaminants from the air flowing in the system, 
and a discharge stack to outside.
    (viii) Grinding wheels. All power-driven rotatable grinding or 
abrasive wheels, except disc wheels as defined in this standard, 
consisting of abrasive particles held together by artificial or natural 
bonds and used for peripheral grinding.
    (ix) Header pipe (main pipe). A pipe into which one or more branch 
pipes enter and which connects such branch pipes to the remainder of the 
exhaust system.
    (x) Hoods and enclosures. The partial or complete enclosure around 
the wheel or disc through which air enters an exhaust system during 
operation.
    (xi) Horizontal double-spindle disc grinder. A grinding machine 
carrying two power-driven, rotatable, coaxial, horizontal spindles upon 
the inside ends of which are mounted abrasive disc wheels used for 
grinding two surfaces simultaneously.
    (xii) Horizontal single-spindle disc grinder. A grinding machine 
carrying an abrasive disc wheel upon one or both ends of a power-driven, 
rotatable single horizontal spindle.
    (xiii) Polishing and buffing wheels. All power-driven rotatable 
wheels composed all or in part of textile fabrics, wood, felt, leather, 
paper, and may be coated with abrasives on the periphery of the wheel 
for purposes of polishing, buffing, and light grinding.
    (xiv) Portable grinder. Any power-driven rotatable grinding, 
polishing, or buffing wheel mounted in such manner that it may be 
manually manipulated.
    (xv) Scratch brush wheels. All power-driven rotatable wheels made 
from wire or bristles, and used for scratch cleaning and brushing 
purposes.

[[Page 201]]

    (xvi) Swing-frame grinder. Any power-driven rotatable grinding, 
polishing, or buffing wheel mounted in such a manner that the wheel with 
its supporting framework can be manipulated over stationary objects.
    (xvii) Velocity pressure (vp). The kinetic pressure in the direction 
of flow necessary to cause a fluid at rest to flow at a given velocity. 
It is usually expressed in inches of water gauge.
    (xviii) Vertical spindle disc grinder. A grinding machine having a 
vertical, rotatable power-driven spindle carrying a horizontal abrasive 
disc wheel.
    (2) Application. Wherever dry grinding, dry polishing or buffing is 
performed, and employee exposure, without regard to the use of 
respirators, exceeds the permissible exposure limits prescribed in 
Sec. 1910.1000 or other sections of this part, a local exhaust 
ventilation system shall be provided and used to maintain employee 
exposures within the prescribed limits.
    (3) Hood and branch pipe requirements. (i) Hoods connected to 
exhaust systems shall be used, and such hoods shall be designed, 
located, and placed so that the dust or dirt particles shall fall or be 
projected into the hoods in the direction of the air flow. No wheels, 
discs, straps, or belts shall be operated in such manner and in such 
direction as to cause the dust and dirt particles to be thrown into the 
operator's breathing zone.
    (ii) Grinding wheels on floor stands, pedestals, benches, and 
special-purpose grinding machines and abrasive cutting-off wheels shall 
have not less than the minimum exhaust volumes shown in Table G-4 with a 
recommended minimum duct velocity of 4,500 feet per minute in the branch 
and 3,500 feet per minute in the main. The entry losses from all hoods 
except the vertical-spindle disc grinder hood, shall equal 0.65 velocity 
pressure for a straight takeoff and 0.45 velocity pressure for a tapered 
takeoff. The entry loss for the vertical-spindle disc grinder hood is 
shown in figure G-1 (following Sec. 1910.94(b)).

           Table G-4--Grinding and Abrasive Cutting-Off Wheels
------------------------------------------------------------------------
                                                                Minimum
                                                     Wheel      exhaust
             Wheel diameter (inches)                 width      volume
                                                   (inches)   (feet \3\/
                                                                 min.)
------------------------------------------------------------------------
To 9............................................      1\1/2\         220
Over 9 to 16....................................           2         390
Over 16 to 19...................................           3         500
Over 19 to 24...................................           4         610
Over 24 to 30...................................           5         880
Over 30 to 36...................................           6       1,200
------------------------------------------------------------------------


For any wheel wider than wheel diameters shown in Table G-4, increase 
the exhaust volume by the ratio of the new width to the width shown.

    Example: If wheel width=4\1/2\ inches, then

4.54 x 610 = 686 (rounded to 690).

    (iii) Scratch-brush wheels and all buffing and polishing wheels 
mounted on floor stands, pedestals, benches, or special-purpose machines 
shall have not less than the minimum exhaust volume shown in Table G-5.

                 Table G-5--Buffing and Polishing Wheels
------------------------------------------------------------------------
                                                                Minimum
                                                     Wheel      exhaust
             Wheel diameter (inches)                 width      volume
                                                   (inches)   (feet \3\/
                                                                 min.)
------------------------------------------------------------------------
To 9............................................           2         300
Over 9 to 16....................................           3         500
Over 16 to 19...................................           4         610
Over 19 to 24...................................           5         740
Over 24 to 30...................................           6       1,040
Over 30 to 36...................................           6       1,200
------------------------------------------------------------------------

    (iv) Grinding wheels or discs for horizontal single-spindle disc 
grinders shall be hooded to collect the dust or dirt generated by the 
grinding operation and the hoods shall be connected to branch pipes 
having exhaust volumes as shown in Table G-6.

            Table G-6--Horizontal Single-Spindle Disc Grinder
------------------------------------------------------------------------
                                                                Exhaust
                                                                volume
                   Disc diameter (inches)                      (ft.\ 3\/
                                                                 min.)
------------------------------------------------------------------------
Up to 12....................................................         220
Over 12 to 19...............................................         390
Over 19 to 30...............................................         610
Over 30 to 36...............................................         880
------------------------------------------------------------------------


[[Page 202]]

    (v) Grinding wheels or discs for horizontal double-spindle disc 
grinders shall have a hood enclosing the grinding chamber and the hood 
shall be connected to one or more branch pipes having exhaust volumes as 
shown in Table G-7.

            Table G-7--Horizontal Double-Spindle Disc Grinder
------------------------------------------------------------------------
                                                                Exhaust
                                                                volume
                   Disc diameter (inches)                      (ft.\ 3\/
                                                                 min.)
------------------------------------------------------------------------
Up to 19....................................................         610
Over 19 to 25...............................................         880
Over 25 to 30...............................................       1,200
Over 30 to 53...............................................       1,770
Over 53 to 72...............................................       6,280
------------------------------------------------------------------------

    (vi) Grinding wheels or discs for vertical single-spindle disc 
grinders shall be encircled with hoods to remove the dust generated in 
the operation. The hoods shall be connected to one or more branch pipes 
having exhaust volumes as shown in Table G-8.

                                    Table G-8--Vertical Spindle Disc Grinder
----------------------------------------------------------------------------------------------------------------
                                                                     One-half or more of      Disc not covered
                                                                         disc covered     ----------------------
                                                                   -----------------------
                      Disc diameter (inches)                                     Exhaust                Exhaust
                                                                    Number \1\  foot \3\/  Number \1\  foot \3\/
                                                                                   min.                   min.
----------------------------------------------------------------------------------------------------------------
Up to 20..........................................................          1        500           2        780
Over 20 to 30.....................................................          2        780           2      1,480
Over 30 to 53.....................................................          2      1,770           4      3,530
Over 53 to 72.....................................................          2      3,140           5      6,010
----------------------------------------------------------------------------------------------------------------
\1\ Number of exhaust outlets around periphery of hood, or equal distribution provided by other means.

    (vii) Grinding and polishing belts shall be provided with hoods to 
remove dust and dirt generated in the operations and the hoods shall be 
connected to branch pipes having exhaust volumes as shown in Table G-9.

                 Table G-9--Grinding and Polishing Belts
------------------------------------------------------------------------
                                                                Exhaust
                                                                volume
                    Belts width (inches)                       (ft.\ 3\/
                                                                 min.)
------------------------------------------------------------------------
Up to 3.....................................................         220
Over 3 to 5.................................................         300
Over 5 to 7.................................................         390
Over 7 to 9.................................................         500
Over 9 to 11................................................         610
Over 11 to 13...............................................         740
------------------------------------------------------------------------

    (viii) Cradles and swing-frame grinders. Where cradles are used for 
handling the parts to be ground, polished, or buffed, requiring large 
partial enclosures to house the complete operation, a minimum average 
air velocity of 150 feet per minute shall be maintained over the entire 
opening of the enclosure. Swing-frame grinders shall also be exhausted 
in the same manner as provided for cradles. (See fig. G-3)
    (ix) Where the work is outside the hood, air volumes must be 
increased as shown in American Standard Fundamentals Governing the 
Design and Operation of Local Exhaust Systems, Z9.2-1960 (section 4, 
exhaust hoods).
    (4) Exhaust systems. (i) Exhaust systems for grinding, polishing, 
and buffing operations should be designed in accordance with American 
Standard Fundamentals Governing the Design and Operation of Local 
Exhaust Systems, Z9.2-1960.
    (ii) Exhaust systems for grinding, polishing, and buffing operations 
shall be tested in the manner described in American Standard 
Fundamentals Governing the Design and Operation of Local Exhaust 
Systems, Z9.2-1960.
    (iii) All exhaust systems shall be provided with suitable dust 
collectors.
    (5) Hood and enclosure design. (i)(a) It is the dual function of 
grinding and abrasive cutting-off wheel hoods to protect the operator 
from the hazards of bursting wheels as well as to provide a means for 
the removal of dust and dirt generated. All hoods shall be not less in 
structural strength than specified in the American National Standard 
Safety Code for the Use, Care, and Protection of Abrasive Wheels, B7.1-
1970, which is incorporated by reference as specified in Sec. 1910.6.
    (b) Due to the variety of work and types of grinding machines 
employed, it is necessary to develop hoods adaptable to the particular 
machine in question, and such hoods shall be located as close as 
possible to the operation.
    (ii) Exhaust hoods for floor stands, pedestals, and bench grinders 
shall be designed in accordance with figure G-2. The adjustable tongue 
shown in the figure shall be kept in working order and shall be adjusted 
within one-fourth inch of the wheel periphery at all times.

[[Page 203]]

    (iii) Swing-frame grinders shall be provided with exhaust booths as 
indicated in figure G-3.
    (iv) Portable grinding operations, whenever the nature of the work 
permits, shall be conducted within a partial enclosure. The opening in 
the enclosure shall be no larger than is actually required in the 
operation and an average face air velocity of not less than 200 feet per 
minute shall be maintained.
    (v) Hoods for polishing and buffing and scratch-brush wheels shall 
be constructed to conform as closely to figure G-4 as the nature of the 
work will permit.
    (vi) Cradle grinding and polishing operations shall be performed 
within a partial enclosure similar to figure G-5. The operator shall be 
positioned outside the working face of the opening of the enclosure. The 
face opening of the enclosure should not be any greater in area than 
that actually required for the performance of the operation and the 
average air velocity into the working face of the enclosure shall not be 
less than 150 feet per minute.
    (vii) Hoods for horizontal single-spindle disc grinders shall be 
constructed to conform as closely as possible to the hood shown in 
figure G-6. It is essential that there be a space between the back of 
the wheel and the hood, and a space around the periphery of the wheel of 
at least 1 inch in order to permit the suction to act around the wheel 
periphery. The opening on the side of the disc shall be no larger than 
is required for the grinding operation, but must never be less than 
twice the area of the branch outlet.
    (viii) Horizontal double-spindle disc grinders shall have a hood 
encircling the wheels and grinding chamber similar to that illustrated 
in figure G-7. The openings for passing the work into the grinding 
chamber should be kept as small as possible, but must never be less than 
twice the area of the branch outlets.
    (ix) Vertical-spindle disc grinders shall be encircled with a hood 
so constructed that the heavy dust is drawn off a surface of the disc 
and the lighter dust exhausted through a continuous slot at the top of 
the hood as shown in figure G-1.
    (x) Grinding and polishing belt hoods shall be constructed as close 
to the operation as possible. The hood should extend almost to the belt, 
and 1-inch wide openings should be provided on either side. Figure G-8 
shows a typical hood for a belt operation.

[[Page 204]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.015


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


[[Page 205]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.016


----------------------------------------------------------------------------------------------------------------
                                 Wheel dimension, inches
-----------------------------------------------------------------------------------------   Exhaust    Volume of
                                  Diameter                                                  outlet,     air at
----------------------------------------------------------------------------- Width, Max   inches E    4,500 ft/
                              Min=d                                  Max=D                                min
----------------------------------------------------------------------------------------------------------------
                                                                           9      1\1/2\           3         220
Over 9..........................................................          16           2           4         390
Over 16.........................................................          19           3      4\1/2\         500
Over 19.........................................................          24           4           5         610
Over 24.........................................................          30           5           6         880
Over 30.........................................................          36           6           7       1,200
----------------------------------------------------------------------------------------------------------------
Entry loss = 0.45 velocity pressure for tapered takeoff 0.65 velocity pressure for straight takeoff.


[[Page 206]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.017


[[Page 207]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.018


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


[[Page 208]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.019


[[Page 209]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.020


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


[[Page 210]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.021


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


[[Page 211]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.022


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

    (6) Scope. This paragraph (b), prescribes the use of exhaust hood 
enclosures and systems in removing dust, dirt, fumes, and gases 
generated through the grinding, polishing, or buffing of ferrous and 
nonferrous metals.
    (c) Spray finishing operations--(1) Definitions applicable to this 
paragraph--(i) Spray-finishing operations. Spray-finishing operations 
are employment of methods wherein organic or inorganic materials are 
utilized in dispersed form for deposit on surfaces to be coated, 
treated, or cleaned. Such methods of deposit may involve either 
automatic, manual, or electrostatic deposition but do not include metal 
spraying or metallizing, dipping, flow coating, roller coating, 
tumbling, centrifuging, or spray washing and degreasing as conducted in 
self-contained washing and degreasing machines or systems.
    (ii) Spray booth. Spray booths are defined and described in 
Sec. 1910.107(a). (See sections 103, 104, and 105 of the Standard for 
Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-
1969, which is incorporated by reference as specified in Sec. 1910.6).
    (iii) Spray room. A spray room is a room in which spray-finishing 
operations not conducted in a spray booth are performed separately from 
other areas.
    (iv) Minimum maintained velocity. Minimum maintained velocity is the 
velocity of air movement which must be maintained in order to meet 
minimum specified requirements for health and safety.
    (2) Location and application. Spray booths or spray rooms are to be 
used to enclose or confine all operations. Spray-finishing operations 
shall be located as provided in sections 201 through 206 of the Standard 
for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 
33-1969.
    (3) Design and construction of spray booths. (i) Spray booths shall 
be designed and constructed in accordance with Sec. 1910.107(b) (1) 
through (4) and (6) through (10) (see sections 301-304 and 306-310 of 
the Standard for Spray Finishing Using Flammable and Combustible 
Materials, NFPA No. 33-1969), for general construction specifications. 
For a more detailed discussion of fundamentals relating to this subject, 
see ANSI Z9.2-1960
    (a) Lights, motors, electrical equipment, and other sources of 
ignition shall conform to the requirements of Sec. 1910.107 (b)(10) and 
(c). (See section 310 and chapter 4 of the Standard for Spray Finishing 
Using Flammable and Combustible Materials NFPA No. 33-1969.)
    (b) In no case shall combustible material be used in the 
construction of a spray booth and supply or exhaust duct connected to 
it.

[[Page 212]]

    (ii) Unobstructed walkways shall not be less than 6\1/2\ feet high 
and shall be maintained clear of obstruction from any work location in 
the booth to a booth exit or open booth front. In booths where the open 
front is the only exit, such exits shall be not less than 3 feet wide. 
In booths having multiple exits, such exits shall not be less than 2 
feet wide, provided that the maximum distance from the work location to 
the exit is 25 feet or less. Where booth exits are provided with doors, 
such doors shall open outward from the booth.
    (iii) Baffles, distribution plates, and dry-type overspray 
collectors shall conform to the requirements of Sec. 1910.107(b) (4) and 
(5). (See sections 304 and 305 of the Standard for Spray Finishing Using 
Flammable and Combustible Materials, NFPA No. 33-1969.)
    (a) Overspray filters shall be installed and maintained in 
accordance with the requirements of Sec. 1910.107 (b)(5), (see section 
305 of the Standard for Spray Finishing Using Flammable and Combustible 
Materials, NFPA No. 33-1969), and shall only be in a location easily 
accessible for inspection, cleaning, or replacement.
    (b) Where effective means, independent of the overspray filters, are 
installed which will result in design air distribution across the booth 
cross section, it is permissible to operate the booth without the 
filters in place.
    (iv) (a) For wet or water-wash spray booths, the water-chamber 
enclosure, within which intimate contact of contaminated air and 
cleaning water or other cleaning medium is maintained, if made of steel, 
shall be 18 gage or heavier and adequately protected against corrosion.
    (b) Chambers may include scrubber spray nozzles, headers, troughs, 
or other devices. Chambers shall be provided with adequate means for 
creating and maintaining scrubbing action for removal of particulate 
matter from the exhaust air stream.
    (v) Collecting tanks shall be of welded steel construction or other 
suitable non-combustible material. If pits are used as collecting tanks, 
they shall be concrete, masonry, or other material having similar 
properties.
    (a) Tanks shall be provided with weirs, skimmer plates, or screens 
to prevent sludge and floating paint from entering the pump suction box. 
Means for automatically maintaining the proper water level shall also be 
provided. Fresh water inlets shall not be submerged. They shall 
terminate at least one pipe diameter above the safety overflow level of 
the tank.
    (b) Tanks shall be so constructed as to discourage accumulation of 
hazardous deposits.
    (vi) Pump manifolds, risers, and headers shall be adequately sized 
to insure sufficient water flow to provide efficient operation of the 
water chamber.
    (4) Design and construction of spray rooms. (i) Spray rooms, 
including floors, shall be constructed of masonry, concrete, or other 
noncombustible material.
    (ii) Spray rooms shall have noncombustible fire doors and shutters.
    (iii) Spray rooms shall be adequately ventilated so that the 
atmosphere in the breathing zone of the operator shall be maintained in 
accordance with the requirements of paragraph (c)(6)(ii) of this 
section.
    (iv) Spray rooms used for production spray-finishing operations 
shall conform to the requirements for spray booths.
    (5) Ventilation. (i) Ventilation shall be provided in accordance 
with provisions of Sec. 1910.107(d) (see chapter 5 of the Standard for 
Spray Finishing Using Flammable or Combustible Materials, NFPA No. 33-
1969), and in accordance with the following:
    (a) Where a fan plenum is used to equalize or control the 
distribution of exhaust air movement through the booth, it shall be of 
sufficient strength or rigidity to withstand the differential air 
pressure or other superficially imposed loads for which the equipment is 
designed and also to facilitate cleaning. Construction specifications 
shall be at least equivalent to those of paragraph (c)(5)(iii) of this 
section.
    (b) [Reserved]
    (ii) Inlet or supply ductwork used to transport makeup air to spray 
booths or surrounding areas shall be constructed of noncombustible 
materials.
    (a) If negative pressure exists within inlet ductwork, all seams and 
joints

[[Page 213]]

shall be sealed if there is a possibility of infiltration of harmful 
quantities of noxious gases, fumes, or mists from areas through which 
ductwork passes.
    (b) Inlet ductwork shall be sized in accordance with volume flow 
requirements and provide design air requirements at the spray booth.
    (c) Inlet ductwork shall be adequately supported throughout its 
length to sustain at least its own weight plus any negative pressure 
which is exerted upon it under normal operating conditions.
    (iii)(a) Exhaust ductwork shall be adequately supported throughout 
its length to sustain its weight plus any normal accumulation in 
interior during normal operating conditions and any negative pressure 
exerted upon it.
    (b) Exhaust ductwork shall be sized in accordance with good design 
practice which shall include consideration of fan capacity, length of 
duct, number of turns and elbows, variation in size, volume, and 
character of materials being exhausted. See American National Standard 
Z9.2-1960 for further details and explanation concerning elements of 
design.
    (c) Longitudinal joints in sheet steel ductwork shall be either 
lock-seamed, riveted, or welded. For other than steel construction, 
equivalent securing of joints shall be provided.
    (d) Circumferential joints in ductwork shall be substantially 
fastened together and lapped in the direction of airflow. At least every 
fourth joint shall be provided with connecting flanges, bolted together, 
or of equivalent fastening security.
    (e) Inspection or clean-out doors shall be provided for every 9 to 
12 feet of running length for ducts up to 12 inches in diameter, but the 
distance between cleanout doors may be greater for larger pipes. (See 
8.3.21 of American National Standard Z9.1-1951, which is incorporated by 
reference as specified in Sec. 1910.6.) A clean-out door or doors shall 
be provided for servicing the fan, and where necessary, a drain shall be 
provided.
    (f) Where ductwork passes through a combustible roof or wall, the 
roof or wall shall be protected at the point of penetration by open 
space or fire-resistive material between the duct and the roof or wall. 
When ducts pass through firewalls, they shall be provided with automatic 
fire dampers on both sides of the wall, except that three-eighth-inch 
steel plates may be used in lieu of automatic fire dampers for ducts not 
exceeding 18 inches in diameter.
    (g) Ductwork used for ventilating any process covered in this 
standard shall not be connected to ducts ventilating any other process 
or any chimney or flue used for conveying any products of combustion.
    (6) Velocity and air flow requirements. (i) Except where a spray 
booth has an adequate air replacement system, the velocity of air into 
all openings of a spray booth shall be not less than that specified in 
Table G-10 for the operating conditions specified. An adequate air 
replacement system is one which introduces replacement air upstream or 
above the object being sprayed and is so designed that the velocity of 
air in the booth cross section is not less than that specified in Table 
G-10 when measured upstream or above the object being sprayed.

                           Table G-10--Minimum Maintained Velocities Into Spray Booths
----------------------------------------------------------------------------------------------------------------
                                                                                Airflow velocities, f.p.m.
     Operating conditions for objects            Crossdraft, f.p.m.     ----------------------------------------
          completely inside booth                                                   Design               Range
----------------------------------------------------------------------------------------------------------------
Electrostatic and automatic airless         Negligible.................  50 large booth.............       50-75
 operation contained in booth without
 operator.
                                                                         100 small booth............      75-125
Air-operated guns, manual or automatic....  Up to 50...................  100 large booth............      75-125
----------------------------------------------------------------------------------------------------------------
                                                                         150 small booth............     125-175
Air-operated guns, manual or automatic....  Up to 100..................  150 large booth............     125-175
----------------------------------------------------------------------------------------------------------------
                                                                         200 small booth............     150-250
----------------------------------------------------------------------------------------------------------------
Notes:
  (1) Attention is invited to the fact that the effectiveness of the spray booth is dependent upon the
  relationship of the depth of the booth to its height and width.

[[Page 214]]

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

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

    Example: To determine the lower explosive limits of the most common 
solvents used in spray finishing, see Table G-11. Column 1 gives the 
number of cubic feet of vapor per gallon of solvent and column 2 gives 
the lower explosive limit (LEL) in percentage by volume of air. Note 
that the quantity of solvent will be diminished by the quantity of 
solids and nonflammables contained in the finish.
    To determine the volume of air in cubic feet necessary to dilute the 
vapor from 1 gallon of solvent to 25 percent of the lower explosive 
limit, apply the following formula:

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


Using toluene as the solvent.
    (1) LEL of toluene from Table G-11, column 2, is 1.4 percent.
    (2) Cubic feet of vapor per gallon from Table G-11, column 1, is 
30.4 cubic feet per gallon.
    (3) Dilution volume required=

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

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

    Table G-11--Lower Explosive Limit of Some Commonly Used Solvents
------------------------------------------------------------------------
                                                                 Lower
                                                  Cubic feet   explosive
                                                  per gallon   limit in
                     Solvent                       of vapor   percent by
                                                   of liquid   volume of
                                                     at 70     air at 70
                                                    deg.F.       deg.F
------------------------------------------------------------------------
                                                    Column 1    Column 2
 
Acetone.........................................        44.0         2.6
Amyl Acetate (iso)..............................        21.6     \1\ 1.0
Amyl Alcohol (n)................................        29.6         1.2
Amyl Alcohol (iso)..............................        29.6         1.2
Benzene.........................................        36.8     \1\ 1.4
Butyl Acetate (n)...............................        24.8         1.7
Butyl Alcohol (n)...............................        35.2         1.4
Butyl Cellosolve................................        24.8         1.1
Cellosolve......................................        33.6         1.8
Cellosolve Acetate..............................        23.2         1.7
Cyclohexanone...................................        31.2     \1\ 1.1
1,1 Dichloroethylene............................        42.4         5.9
1,2 Dichloroethylene............................        42.4         9.7
Ethyl Acetate...................................        32.8         2.5
Ethyl Alcohol...................................        55.2         4.3
Ethyl Lactate...................................        28.0     \1\ 1.5
Methyl Acetate..................................        40.0         3.1
Methyl Alcohol..................................        80.8         7.3
Methyl Cellosolve...............................        40.8         2.5
Methyl Ethyl Ketone.............................        36.0         1.8
Methyl n-Propyl Ketone..........................        30.4         1.5
Naphtha (VM&P) (76 deg. Naphtha)................        22.4         0.9
Naphtha (100  deg.Flash) Safety Solvent--               23.2         1.0
 Stoddard Solvent...............................
Propyl Acetate (n)..............................        27.2         2.8
Propyl Acetate (iso)............................        28.0         1.1
Propyl Alcohol (n)..............................        44.8         2.1
Propyl Alcohol (iso)............................        44.0         2.0
Toluene.........................................        30.4         1.4
Turpentine......................................        20.8         0.8
Xylene (o)......................................        26.4         1.0
------------------------------------------------------------------------
\1\ At 212  deg.F.

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

[[Page 215]]

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

[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 40 
FR 24522, June 9, 1975; 43 FR 49746, Oct. 24, 1978; 49 FR 5322, Feb. 10, 
1984; 55 FR 32015, Aug. 6, 1990; 58 FR 35308, June 30, 1993; 61 FR 9236, 
Mar. 7, 1996; 63 FR 1269, Jan. 8, 1998; 64 FR 13909, Mar. 23, 1999]

[[Page 216]]



Sec. 1910.95  Occupational noise exposure.

    (a) Protection against the effects of noise exposure shall be 
provided when the sound levels exceed those shown in Table G-16 when 
measured on the A scale of a standard sound level meter at slow 
response. When noise levels are determined by octave band analysis, the 
equivalent A-weighted sound level may be determined as follows:
[GRAPHIC] [TIFF OMITTED] TC27OC91.023

                               Figure G-9
Equivalent sound level contours. Octave band sound pressure levels may 
be converted to the equivalent A-weighted sound level by plotting them 
on this graph and noting the A-weighted sound level corresponding to the 
point of highest penetration into the sound level contours. This 
equivalent A-weighted sound level, which may differ from the actual A-
weighted sound level of the noise, is used to determine exposure limits 
from Table 1.G-16.

    (b)(1) When employees are subjected to sound exceeding those listed 
in Table G-16, feasible administrative or engineering controls shall be 
utilized. If such controls fail to reduce sound levels within the levels 
of Table G-16, personal protective equipment shall be provided and used 
to reduce sound levels within the levels of the table.
    (2) If the variations in noise level involve maxima at intervals of 
1 second or less, it is to be considered continuous.

               Table G-16--Permissible Noise Exposures \1\
------------------------------------------------------------------------
                                                                 Sound
                                                               level dBA
                   Duration per day, hours                       slow
                                                               response
------------------------------------------------------------------------
8...........................................................          90
6...........................................................          92
4...........................................................          95
3...........................................................          97
2...........................................................         100
1\1/2\......................................................         102
1...........................................................         105
\1/2\.......................................................         110
\1/4\ or less...............................................         115
------------------------------------------------------------------------
\1\ When the daily noise exposure is composed of two or more periods of
  noise exposure of different levels, their combined effect should be
  considered, rather than the individual effect of each. If the sum of
  the following fractions: C1/T1+C2/T2Cn/Tn exceeds unity, then, the
  mixed exposure should be considered to exceed the limit value. Cn
  indicates the total time of exposure at a specified noise level, and
  Tn indicates the total time of exposure permitted at that level.
Exposure to impulsive or impact noise should not exceed 140 dB peak
  sound pressure level.

    (c) Hearing conservation program. (1) The employer shall administer 
a continuing, effective hearing conservation program, as described in 
paragraphs (c) through (o) of this section, whenever employee noise 
exposures equal or exceed an 8-hour time-weighted average sound level 
(TWA) of 85 decibels measured on the A scale (slow response) or, 
equivalently, a dose of fifty percent. For purposes of the hearing 
conservation program, employee noise exposures shall be computed in 
accordance with appendix A and Table G-16a, and without regard to any 
attenuation provided by the use of personal protective equipment.
    (2) For purposes of paragraphs (c) through (n) of this section, an 
8-hour time-weighted average of 85 decibels or a dose of fifty percent 
shall also be referred to as the action level.
    (d) Monitoring. (1) When information indicates that any employee's 
exposure may equal or exceed an 8-hour time-weighted average of 85 
decibels, the employer shall develop and implement a monitoring program.
    (i) The sampling strategy shall be designed to identify employees 
for inclusion in the hearing conservation program and to enable the 
proper selection of hearing protectors.
    (ii) Where circumstances such as high worker mobility, significant 
variations

[[Page 217]]

in sound level, or a significant component of impulse noise make area 
monitoring generally inappropriate, the employer shall use 
representative personal sampling to comply with the monitoring 
requirements of this paragraph unless the employer can show that area 
sampling produces equivalent results.
    (2)(i) All continuous, intermittent and impulsive sound levels from 
80 decibels to 130 decibels shall be integrated into the noise 
measurements.
    (ii) Instruments used to measure employee noise exposure shall be 
calibrated to ensure measurement accuracy.
    (3) Monitoring shall be repeated whenever a change in production, 
process, equipment or controls increases noise exposures to the extent 
that:
    (i) Additional employees may be exposed at or above the action 
level; or
    (ii) The attenuation provided by hearing protectors being used by 
employees may be rendered inadequate to meet the requirements of 
paragraph (j) of this section.
    (e) Employee notification. The employer shall notify each employee 
exposed at or above an 8-hour time-weighted average of 85 decibels of 
the results of the monitoring.
    (f) Observation of monitoring. The employer shall provide affected 
employees or their representatives with an opportunity to observe any 
noise measurements conducted pursuant to this section.
    (g) Audiometric testing program. (1) The employer shall establish 
and maintain an audiometric testing program as provided in this 
paragraph by making audiometric testing available to all employees whose 
exposures equal or exceed an 8-hour time-weighted average of 85 
decibels.
    (2) The program shall be provided at no cost to employees.
    (3) Audiometric tests shall be performed by a licensed or certified 
audiologist, otolaryngologist, or other physician, or by a technician 
who is certified by the Council of Accreditation in Occupational Hearing 
Conservation, or who has satisfactorily demonstrated competence in 
administering audiometric examinations, obtaining valid audiograms, and 
properly using, maintaining and checking calibration and proper 
functioning of the audiometers being used. A technician who operates 
microprocessor audiometers does not need to be certified. A technician 
who performs audiometric tests must be responsible to an audiologist, 
otolaryngologist or physician.
    (4) All audiograms obtained pursuant to this section shall meet the 
requirements of appendix C: Audiometric Measuring Instruments.
    (5) Baseline audiogram. (i) Within 6 months of an employee's first 
exposure at or above the action level, the employer shall establish a 
valid baseline audiogram against which subsequent audiograms can be 
compared.
    (ii) Mobile test van exception. Where mobile test vans are used to 
meet the audiometric testing obligation, the employer shall obtain a 
valid baseline audiogram within 1 year of an employee's first exposure 
at or above the action level. Where baseline audiograms are obtained 
more than 6 months after the employee's first exposure at or above the 
action level, employees shall wearing hearing protectors for any period 
exceeding six months after first exposure until the baseline audiogram 
is obtained.
    (iii) Testing to establish a baseline audiogram shall be preceded by 
at least 14 hours without exposure to workplace noise. Hearing 
protectors may be used as a substitute for the requirement that baseline 
audiograms be preceded by 14 hours without exposure to workplace noise.
    (iv) The employer shall notify employees of the need to avoid high 
levels of non-occupational noise exposure during the 14-hour period 
immediately preceding the audiometric examination.
    (6) Annual audiogram. At least annually after obtaining the baseline 
audiogram, the employer shall obtain a new audiogram for each employee 
exposed at or above an 8-hour time-weighted average of 85 decibels.
    (7) Evaluation of audiogram. (i) Each employee's annual audiogram 
shall be compared to that employee's baseline audiogram to determine if 
the audiogram is valid and if a standard threshold shift as defined in 
paragraph (g)(10)

[[Page 218]]

of this section has occurred. This comparison may be done by a 
technician.
    (ii) If the annual audiogram shows that an employee has suffered a 
standard threshold shift, the employer may obtain a retest within 30 
days and consider the results of the retest as the annual audiogram.
    (iii) The audiologist, otolaryngologist, or physician shall review 
problem audiograms and shall determine whether there is a need for 
further evaluation. The employer shall provide to the person performing 
this evaluation the following information:
    (A) A copy of the requirements for hearing conservation as set forth 
in paragraphs (c) through (n) of this section;
    (B) The baseline audiogram and most recent audiogram of the employee 
to be evaluated;
    (C) Measurements of background sound pressure levels in the 
audiometric test room as required in appendix D: Audiometric Test Rooms.
    (D) Records of audiometer calibrations required by paragraph (h)(5) 
of this section.
    (8) Follow-up procedures. (i) If a comparison of the annual 
audiogram to the baseline audiogram indicates a standard threshold shift 
as defined in paragraph (g)(10) of this section has occurred, the 
employee shall be informed of this fact in writing, within 21 days of 
the determination.
    (ii) Unless a physician determines that the standard threshold shift 
is not work related or aggravated by occupational noise exposure, the 
employer shall ensure that the following steps are taken when a standard 
threshold shift occurs:
    (A) Employees not using hearing protectors shall be fitted with 
hearing protectors, trained in their use and care, and required to use 
them.
    (B) Employees already using hearing protectors shall be refitted and 
retrained in the use of hearing protectors and provided with hearing 
protectors offering greater attenuation if necessary.
    (C) The employee shall be referred for a clinical audiological 
evaluation or an otological examination, as appropriate, if additional 
testing is necessary or if the employer suspects that a medical 
pathology of the ear is caused or aggravated by the wearing of hearing 
protectors.
    (D) The employee is informed of the need for an otological 
examination if a medical pathology of the ear that is unrelated to the 
use of hearing protectors is suspected.
    (iii) If subsequent audiometric testing of an employee whose 
exposure to noise is less than an 8-hour TWA of 90 decibels indicates 
that a standard threshold shift is not persistent, the employer:
    (A) Shall inform the employee of the new audiometric interpretation; 
and
    (B) May discontinue the required use of hearing protectors for that 
employee.
    (9) Revised baseline. An annual audiogram may be substituted for the 
baseline audiogram when, in the judgment of the audiologist, 
otolaryngologist or physician who is evaluating the audiogram:
    (i) The standard threshold shift revealed by the audiogram is 
persistent; or
    (ii) The hearing threshold shown in the annual audiogram indicates 
significant improvement over the baseline audiogram.
    (10) Standard threshold shift. (i) As used in this section, a 
standard threshold shift is a change in hearing threshold relative to 
the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 
4000 Hz in either ear.
    (ii) In determining whether a standard threshold shift has occurred, 
allowance may be made for the contribution of aging (presbycusis) to the 
change in hearing level by correcting the annual audiogram according to 
the procedure described in appendix F: Calculation and Application of 
Age Correction to Audiograms.
    (h) Audiometric test requirements. (1) Audiometric tests shall be 
pure tone, air conduction, hearing threshold examinations, with test 
frequencies including as a minimum 500, 1000, 2000, 3000, 4000, and 6000 
Hz. Tests at each frequency shall be taken separately for each ear.
    (2) Audiometric tests shall be conducted with audiometers (including 
microprocessor audiometers) that meet

[[Page 219]]

the specifications of, and are maintained and used in accordance with, 
American National Standard Specification for Audiometers, S3.6-1969, 
which is incorporated by reference as specified in Sec. 1910.6.
    (3) Pulsed-tone and self-recording audiometers, if used, shall meet 
the requirements specified in appendix C: Audiometric Measuring 
Instruments.
    (4) Audiometric examinations shall be administered in a room meeting 
the requirements listed in appendix D: Audiometric Test Rooms.
    (5) Audiometer calibration. (i) The functional operation of the 
audiometer shall be checked before each day's use by testing a person 
with known, stable hearing thresholds, and by listening to the 
audiometer's output to make sure that the output is free from distorted 
or unwanted sounds. Deviations of 10 decibels or greater require an 
acoustic calibration.
    (ii) Audiometer calibration shall be checked acoustically at least 
annually in accordance with appendix E: Acoustic Calibration of 
Audiometers. Test frequencies below 500 Hz and above 6000 Hz may be 
omitted from this check. Deviations of 15 decibels or greater require an 
exhaustive calibration.
    (iii) An exhaustive calibration shall be performed at least every 
two years in accordance with sections 4.1.2; 4.1.3.; 4.1.4.3; 4.2; 
4.4.1; 4.4.2; 4.4.3; and 4.5 of the American National Standard 
Specification for Audiometers, S3.6-1969. Test frequencies below 500 Hz 
and above 6000 Hz may be omitted from this calibration.
    (i) Hearing protectors. (1) Employers shall make hearing protectors 
available to all employees exposed to an 8-hour time-weighted average of 
85 decibels or greater at no cost to the employees. Hearing protectors 
shall be replaced as necessary.
    (2) Employers shall ensure that hearing protectors are worn:
    (i) By an employee who is required by paragraph (b)(1) of this 
section to wear personal protective equipment; and
    (ii) By any employee who is exposed to an 8-hour time-weighted 
average of 85 decibels or greater, and who:
    (A) Has not yet had a baseline audiogram established pursuant to 
paragraph (g)(5)(ii); or
    (B) Has experienced a standard threshold shift.
    (3) Employees shall be given the opportunity to select their hearing 
protectors from a variety of suitable hearing protectors provided by the 
employer.
    (4) The employer shall provide training in the use and care of all 
hearing protectors provided to employees.
    (5) The employer shall ensure proper initial fitting and supervise 
the correct use of all hearing protectors.
    (j) Hearing protector attenuation. (1) The employer shall evaluate 
hearing protector attenuation for the specific noise environments in 
which the protector will be used. The employer shall use one of the 
evaluation methods described in appendix B: Methods for Estimating the 
Adequacy of Hearing Protection Attenuation.
    (2) Hearing protectors must attenuate employee exposure at least to 
an 8-hour time-weighted average of 90 decibels as required by paragraph 
(b) of this section.
    (3) For employees who have experienced a standard threshold shift, 
hearing protectors must attenuate employee exposure to an 8-hour time-
weighted average of 85 decibels or below.
    (4) The adequacy of hearing protector attenuation shall be re-
evaluated whenever employee noise exposures increase to the extent that 
the hearing protectors provided may no longer provide adequate 
attenuation. The employer shall provide more effective hearing 
protectors where necessary.
    (k) Training program. (1) The employer shall institute a training 
program for all employees who are exposed to noise at or above an 8-hour 
time-weighted average of 85 decibels, and shall ensure employee 
participation in such program.
    (2) The training program shall be repeated annually for each 
employee included in the hearing conservation program. Information 
provided in the training program shall be updated to be consistent with 
changes in protective equipment and work processes.
    (3) The employer shall ensure that each employee is informed of the 
following:
    (i) The effects of noise on hearing;

[[Page 220]]

    (ii) The purpose of hearing protectors, the advantages, 
disadvantages, and attenuation of various types, and instructions on 
selection, fitting, use, and care; and
    (iii) The purpose of audiometric testing, and an explanation of the 
test procedures.
    (l) Access to information and training materials. (1) The employer 
shall make available to affected employees or their representatives 
copies of this standard and shall also post a copy in the workplace.
    (2) The employer shall provide to affected employees any 
informational materials pertaining to the standard that are supplied to 
the employer by the Assistant Secretary.
    (3) The employer shall provide, upon request, all materials related 
to the employer's training and education program pertaining to this 
standard to the Assistant Secretary and the Director.
    (m) Recordkeeping--(1) Exposure measurements. The employer shall 
maintain an accurate record of all employee exposure measurements 
required by paragraph (d) of this section.
    (2) Audiometric tests. (i) The employer shall retain all employee 
audiometric test records obtained pursuant to paragraph (g) of this 
section:
    (ii) This record shall include:
    (A) Name and job classification of the employee;
    (B) Date of the audiogram;
    (C) The examiner's name;
    (D) Date of the last acoustic or exhaustive calibration of the 
audiometer; and
    (E) Employee's most recent noise exposure assessment.
    (F) The employer shall maintain accurate records of the measurements 
of the background sound pressure levels in audiometric test rooms.
    (3) Record retention. The employer shall retain records required in 
this paragraph (m) for at least the following periods.
    (i) Noise exposure measurement records shall be retained for two 
years.
    (ii) Audiometric test records shall be retained for the duration of 
the affected employee's employment.
    (4) Access to records. All records required by this section shall be 
provided upon request to employees, former employees, representatives 
designated by the individual employee, and the Assistant Secretary. The 
provisions of 29 CFR 1910.20 (a)-(e) and (g)-(i) apply to access to 
records under this section.
    (5) Transfer of records. If the employer ceases to do business, the 
employer shall transfer to the successor employer all records required 
to be maintained by this section, and the successor employer shall 
retain them for the remainder of the period prescribed in paragraph 
(m)(3) of this section.
    (n) Appendices. (1) Appendices A, B, C, D, and E to this section are 
incorporated as part of this section and the contents of these 
appendices are mandatory.
    (2) Appendices F and G to this section are informational and are not 
intended to create any additional obligations not otherwise imposed or 
to detract from any existing obligations.
    (o) Exemptions. Paragraphs (c) through (n) of this section shall not 
apply to employers engaged in oil and gas well drilling and servicing 
operations.
    (p) Startup date. Baseline audiograms required by paragraph (g) of 
this section shall be completed by March 1, 1984.

         Appendix A to Sec. 1910.95--Noise Exposure Computation

                       This Appendix is Mandatory

    I. Computation of Employee Noise Exposure
    (1) Noise dose is computed using Table G-16a as follows:
    (i) When the sound level, L, is constant over the entire work shift, 
the noise dose, D, in percent, is given by: D=100 C/T where C is the 
total length of the work day, in hours, and T is the reference duration 
corresponding to the measured sound level, L, as given in Table G-16a or 
by the formula shown as a footnote to that table.
    (ii) When the workshift noise exposure is composed of two or more 
periods of noise at different levels, the total noise dose over the work 
day is given by:

D = 100 (C1/T1+C2/T2+ . . . 
+ Cn/Tn),

where Cn indicates the total time of exposure at a specific 
noise level, and Tn indicates the reference duration for that 
level as given by Table G-16a.
    (2) The eight-hour time-weighted average sound level (TWA), in 
decibels, may be computed from the dose, in percent, by means of the 
formula: TWA=16.61 log10 (D/100)+90. For

[[Page 221]]

an eight-hour workshift with the noise level constant over the entire 
shift, the TWA is equal to the measured sound level.
    (3) A table relating dose and TWA is given in Section II.

                               Table G-16a
------------------------------------------------------------------------
                                                               Reference
             A-weighted sound level, L (decibel)               duration,
                                                                T (hour)
------------------------------------------------------------------------
80...........................................................         32
81...........................................................       27.9
82...........................................................       24.3
83...........................................................       21.1
84...........................................................       18.4
85...........................................................         16
86...........................................................       13.9
87...........................................................       12.1
88...........................................................       10.6
89...........................................................        9.2
90...........................................................          8
91...........................................................        7.0
92...........................................................        6.1
93...........................................................        5.3
94...........................................................        4.6
95...........................................................          4
96...........................................................        3.5
97...........................................................        3.0
98...........................................................        2.6
99...........................................................        2.3
100..........................................................          2
101..........................................................        1.7
102..........................................................        1.5
103..........................................................        1.3
104..........................................................        1.1
105..........................................................          1
106..........................................................       0.87
107..........................................................       0.76
108..........................................................       0.66
109..........................................................       0.57
110..........................................................        0.5
111..........................................................       0.44
112..........................................................       0.38
113..........................................................       0.33
114..........................................................       0.29
115..........................................................       0.25
116..........................................................       0.22
117..........................................................       0.19
118..........................................................       0.16
119..........................................................       0.14
120..........................................................      0.125
121..........................................................       0.11
122..........................................................      0.095
123..........................................................      0.082
124..........................................................      0.072
125..........................................................      0.063
126..........................................................      0.054
127..........................................................      0.047
128..........................................................      0.041
129..........................................................      0.036
130..........................................................      0.031
------------------------------------------------------------------------

    In the above table the reference duration, T, is computed by

 
                                                8
                                  T     ----------------
                                      =     2(L-90)/5
------------------------------------------------------------------------
 

where L is the measured A-weighted sound level.

  II. Conversion Between ``Dose'' and ``8-Hour Time-Weighted Average'' 
                               Sound Level

    Compliance with paragraphs (c)-(r) of this regulation is determined 
by the amount of exposure to noise in the workplace. The amount of such 
exposure is usually measured with an audiodosimeter which gives a 
readout in terms of ``dose.'' In order to better understand the 
requirements of the amendment, dosimeter readings can be converted to an 
``8-hour time-weighted average sound level.'' (TWA).
    In order to convert the reading of a dosimeter into TWA, see Table 
A-1, below. This table applies to dosimeters that are set by the 
manufacturer to calculate dose or percent exposure according to the 
relationships in Table G-16a. So, for example, a dose of 91 percent over 
an eight hour day results in a TWA of 89.3 dB, and, a dose of 50 percent 
corresponds to a TWA of 85 dB.
    If the dose as read on the dosimeter is less than or greater than 
the values found in Table A-1, the TWA may be calculated by using the 
formula: TWA=16.61 log10 (D/100)+90 where TWA=8-hour time-
weighted average sound level and D=accumulated dose in percent exposure.

Table A-1--Conversion From ``Percent Noise Exposure'' or ``Dose'' to ``8-
             Hour Time-Weighted Average Sound Level'' (TWA)
------------------------------------------------------------------------
                Dose or percent noise exposure                    TWA
------------------------------------------------------------------------
10...........................................................       73.4
15...........................................................       76.3
20...........................................................       78.4
25...........................................................       80.0
30...........................................................       81.3
35...........................................................       82.4
40...........................................................       83.4
45...........................................................       84.2
50...........................................................       85.0
55...........................................................       85.7
60...........................................................       86.3
65...........................................................       86.9
70...........................................................       87.4
75...........................................................       87.9
80...........................................................       88.4
81...........................................................       88.5
82...........................................................       88.6
83...........................................................       88.7
84...........................................................       88.7
85...........................................................       88.8
86...........................................................       88.9
87...........................................................       89.0
88...........................................................       89.1
89...........................................................       89.2
90...........................................................       89.2
91...........................................................       89.3
92...........................................................       89.4
93...........................................................       89.5
94...........................................................       89.6
95...........................................................       89.6
96...........................................................       89.7
97...........................................................       89.8
98...........................................................       89.9
99...........................................................       89.9
100..........................................................       90.0

[[Page 222]]

 
101..........................................................       90.1
102..........................................................       90.1
103..........................................................       90.2
104..........................................................       90.3
105..........................................................       90.4
106..........................................................       90.4
107..........................................................       90.5
108..........................................................       90.6
109..........................................................       90.6
110..........................................................       90.7
111..........................................................       90.8
112..........................................................       90.8
113..........................................................       90.9
114..........................................................       90.9
115..........................................................       91.1
116..........................................................       91.1
117..........................................................       91.1
118..........................................................       91.2
119..........................................................       91.3
120..........................................................       91.3
125..........................................................       91.6
130..........................................................       91.9
135..........................................................       92.2
140..........................................................       92.4
145..........................................................       92.7
150..........................................................       92.9
155..........................................................       93.2
160..........................................................       93.4
165..........................................................       93.6
170..........................................................       93.8
175..........................................................       94.0
180..........................................................       94.2
185..........................................................       94.4
190..........................................................       94.6
195..........................................................       94.8
200..........................................................       95.0
210..........................................................       95.4
220..........................................................       95.7
230..........................................................       96.0
240..........................................................       96.3
250..........................................................       96.6
260..........................................................       96.9
270..........................................................       97.2
280..........................................................       97.4
290..........................................................       97.7
300..........................................................       97.9
310..........................................................       98.2
320..........................................................       98.4
330..........................................................       98.6
340..........................................................       98.8
350..........................................................       99.0
360..........................................................       99.2
370..........................................................       99.4
380..........................................................       99.6
390..........................................................       99.8
400..........................................................      100.0
410..........................................................      100.2
420..........................................................      100.4
430..........................................................      100.5
440..........................................................      100.7
450..........................................................      100.8
460..........................................................      101.0
470..........................................................      101.2
480..........................................................      101.3
490..........................................................      101.5
500..........................................................      101.6
510..........................................................      101.8
520..........................................................      101.9
530..........................................................      102.0
540..........................................................      102.2
550..........................................................      102.3
560..........................................................      102.4
570..........................................................      102.6
580..........................................................      102.7
590..........................................................      102.8
600..........................................................      102.9
610..........................................................      103.0
620..........................................................      103.2
630..........................................................      103.3
640..........................................................      103.4
650..........................................................      103.5
660..........................................................      103.6
670..........................................................      103.7
680..........................................................      103.8
690..........................................................      103.9
700..........................................................      104.0
710..........................................................      104.1
720..........................................................      104.2
730..........................................................      104.3
740..........................................................      104.4
750..........................................................      104.5
760..........................................................      104.6
770..........................................................      104.7
780..........................................................      104.8
790..........................................................      104.9
800..........................................................      105.0
810..........................................................      105.1
820..........................................................      105.2
830..........................................................      105.3
840..........................................................      105.4
850..........................................................      105.4
860..........................................................      105.5
870..........................................................      105.6
880..........................................................      105.7
890..........................................................      105.8
900..........................................................      105.8
910..........................................................      105.9
920..........................................................      106.0
930..........................................................      106.1
940..........................................................      106.2
950..........................................................      106.2
960..........................................................      106.3
970..........................................................      106.4
980..........................................................      106.5
990..........................................................      106.5
999..........................................................      106.6
------------------------------------------------------------------------

   Appendix B to Sec. 1910.95--Methods for Estimating the Adequacy of 
                      Hearing Protector Attenuation

                       This Appendix is Mandatory

    For employees who have experienced a significant threshold shift, 
hearing protector attenuation must be sufficient to reduce employee 
exposure to a TWA of 85 dB. Employers must select one of the following 
methods by which to estimate the adequacy of hearing protector 
attenuation.
    The most convenient method is the Noise Reduction Rating (NRR) 
developed by the Environmental Protection Agency (EPA). According to EPA 
regulation, the NRR must

[[Page 223]]

be shown on the hearing protector package. The NRR is then related to an 
individual worker's noise environment in order to assess the adequacy of 
the attenuation of a given hearing protector. This appendix describes 
four methods of using the NRR to determine whether a particular hearing 
protector provides adequate protection within a given exposure 
environment. Selection among the four procedures is dependent upon the 
employer's noise measuring instruments.
    Instead of using the NRR, employers may evaluate the adequacy of 
hearing protector attenuation by using one of the three methods 
developed by the National Institute for Occupational Safety and Health 
(NIOSH), which are described in the ``List of Personal Hearing 
Protectors and Attenuation Data,'' HEW Publication No. 76-120, 1975, 
pages 21-37. These methods are known as NIOSH methods 1B1, 1B2 and 
1B3. The NRR described below is a simplification of NIOSH method 1B2. 
The most complex method is NIOSH method 1B1, which is probably the most 
accurate method since it uses the largest amount of spectral information 
from the individual employee's noise environment. As in the case of the 
NRR method described below, if one of the NIOSH methods is used, the 
selected method must be applied to an individual's noise environment to 
assess the adequacy of the attenuation. Employers should be careful to 
take a sufficient number of measurements in order to achieve a 
representative sample for each time segment.
    Note: The employer must remember that calculated attenuation values 
reflect realistic values only to the extent that the protectors are 
properly fitted and worn.
    When using the NRR to assess hearing protector adequacy, one of the 
following methods must be used:
    (i) When using a dosimeter that is capable of C-weighted 
measurements:
    (A) Obtain the employee's C-weighted dose for the entire workshift, 
and convert to TWA (see appendix A, II).
    (B) Subtract the NRR from the C-weighted TWA to obtain the estimated 
A-weighted TWA under the ear protector.
    (ii) When using a dosimeter that is not capable of C-weighted 
measurements, the following method may be used:
    (A) Convert the A-weighted dose to TWA (see appendix A).
    (B) Subtract 7 dB from the NRR.
    (C) Subtract the remainder from the A-weighted TWA to obtain the 
estimated A-weighted TWA under the ear protector.
    (iii) When using a sound level meter set to the A-weighting network:
    (A) Obtain the employee's A-weighted TWA.
    (B) Subtract 7 dB from the NRR, and subtract the remainder from the 
A-weighted TWA to obtain the estimated A-weighted TWA under the ear 
protector.
    (iv) When using a sound level meter set on the C-weighting network:
    (A) Obtain a representative sample of the C-weighted sound levels in 
the employee's environment.
    (B) Subtract the NRR from the C-weighted average sound level to 
obtain the estimated A-weighted TWA under the ear protector.
    (v) When using area monitoring procedures and a sound level meter 
set to the A-weighing network.
    (A) Obtain a representative sound level for the area in question.
    (B) Subtract 7 dB from the NRR and subtract the remainder from the 
A-weighted sound level for that area.
    (vi) When using area monitoring procedures and a sound level meter 
set to the C-weighting network:
    (A) Obtain a representative sound level for the area in question.
    (B) Subtract the NRR from the C-weighted sound level for that area.

      Appendix C to Sec. 1910.95--Audiometric Measuring Instruments

                       This Appendix is Mandatory

    1. In the event that pulsed-tone audiometers are used, they shall 
have a tone on-time of at least 200 milliseconds.
    2. Self-recording audiometers shall comply with the following 
requirements:
    (A) The chart upon which the audiogram is traced shall have lines at 
positions corresponding to all multiples of 10 dB hearing level within 
the intensity range spanned by the audiometer. The lines shall be 
equally spaced and shall be separated by at least \1/4\ inch. Additional 
increments are optional. The audiogram pen tracings shall not exceed 2 
dB in width.
    (B) It shall be possible to set the stylus manually at the 10-dB 
increment lines for calibration purposes.
    (C) The slewing rate for the audiometer attenuator shall not be more 
than 6 dB/sec except that an initial slewing rate greater than 6 dB/sec 
is permitted at the beginning of each new test frequency, but only until 
the second subject response.
    (D) The audiometer shall remain at each required test frequency for 
30 seconds ( 3 seconds). The audiogram shall be clearly 
marked at each change of frequency and the actual frequency change of 
the audiometer shall not deviate from the frequency boundaries marked on 
the audiogram by more than  3 seconds.
    (E) It must be possible at each test frequency to place a horizontal 
line segment parallel to the time axis on the audiogram, such that the 
audiometric tracing crosses the line segment at least six times at that 
test frequency. At each test frequency the threshold shall be the 
average of the midpoints of the tracing excursions.

[[Page 224]]

           Appendix D to Sec. 1910.95--Audiometric Test Rooms

                       This Appendix is Mandatory

    Rooms used for audiometric testing shall not have background sound 
pressure levels exceeding those in Table D-1 when measured by equipment 
conforming at least to the Type 2 requirements of American National 
Standard Specification for Sound Level Meters, S1.4-1971 (R1976), and to 
the Class II requirements of American National Standard Specification 
for Octave, Half-Octave, and Third-Octave Band Filter Sets, S1.11-1971 
(R1976).

   Table D-1--Maximum Allowable Octave-Band Sound Pressure Levels for
                         Audiometric Test Rooms
Octave-band center frequency (Hz)....    500   1000   2000   4000   8000
Sound pressure level (dB)............     40     40     47     57     62
------------------------------------------------------------------------

     Appendix E to Sec. 1910.95--Acoustic Calibration of Audiometers

                       This Appendix is Mandatory

    Audiometer calibration shall be checked acoustically, at least 
annually, according to the procedures described in this appendix. The 
equipment necessary to perform these measurements is a sound level 
meter, octave-band filter set, and a National Bureau of Standards 9A 
coupler. In making these measurements, the accuracy of the calibrating 
equipment shall be sufficient to determine that the audiometer is within 
the tolerances permitted by American Standard Specification for 
Audiometers, S3.6-1969.

                     (1) Sound Pressure Output Check

    A. Place the earphone coupler over the microphone of the sound level 
meter and place the earphone on the coupler.
    B. Set the audiometer's hearing threshold level (HTL) dial to 70 dB.
    C. Measure the sound pressure level of the tones at each test 
frequency from 500 Hz through 6000 Hz for each earphone.
    D. At each frequency the readout on the sound level meter should 
correspond to the levels in Table E-1 or Table E-2, as appropriate, for 
the type of earphone, in the column entitled ``sound level meter 
reading.''

                           (2) Linearity Check

    A. With the earphone in place, set the frequency to 1000 Hz and the 
HTL dial on the audiometer to 70 dB.
    B. Measure the sound levels in the coupler at each 10-dB decrement 
from 70 dB to 10 dB, noting the sound level meter reading at each 
setting.
    C. For each 10-dB decrement on the audiometer the sound level meter 
should indicate a corresponding 10 dB decrease.
    D. This measurement may be made electrically with a voltmeter 
connected to the earphone terminals.

                             (3) Tolerances

    When any of the measured sound levels deviate from the levels in 
Table E-1 or Table E-2 by  3 dB at any test frequency 
between 500 and 3000 Hz, 4 dB at 4000 Hz, or 5 dB at 6000 Hz, an 
exhaustive calibration is advised. An exhaustive calibration is required 
if the deviations are greater than 15 dB or greater at any test 
frequency.

 Table E-1--Reference Threshold Levels for Telephonics--TDH-39 Earphones
------------------------------------------------------------------------
                                                   Reference
                                                   threshold     Sound
                                                   level for     level
                  Frequency, Hz                     TDH-39       meter
                                                  earphones,   reading,
                                                      dB          dB
------------------------------------------------------------------------
500.............................................        11.5        81.5
1000............................................         7          77
2000............................................         9          79
3000............................................        10          80
4000............................................         9.5        79.5
6000............................................        15.5        85.5
------------------------------------------------------------------------


 Table E-2--Reference Threshold Levels for Telephonics--TDH-49 Earphones
------------------------------------------------------------------------
                                                    Reference
                                                    threshold    Sound
                                                    level for    level
                  Frequency, Hz                      TDH-49      meter
                                                   earphones,   reading,
                                                       dB          dB
------------------------------------------------------------------------
500..............................................        13.5       83.5
1000.............................................         7.5       77.5
2000.............................................          11       81.0
3000.............................................         9.5       79.5
4000.............................................        10.5       80.5
6000.............................................        13.5       83.5
------------------------------------------------------------------------

    Appendix F to Sec. 1910.95--Calculations and Application of Age 
                        Corrections to Audiograms

                     This Appendix Is Non-Mandatory

    In determining whether a standard threshold shift has occurred, 
allowance may be made for the contribution of aging to the change in 
hearing level by adjusting the most recent audiogram. If the employer 
chooses to adjust the audiogram, the employer shall follow the procedure 
described below. This procedure and the age correction tables were 
developed by the National Institute for Occupational Safety and Health 
in the criteria document entitled ``Criteria for

[[Page 225]]

a Recommended Standard . . . Occupational Exposure to Noise,'' ((HSM)-
11001).
    For each audiometric test frequency;
    (i) Determine from Tables F-1 or F-2 the age correction values for 
the employee by:
    (A) Finding the age at which the most recent audiogram was taken and 
recording the corresponding values of age corrections at 1000 Hz through 
6000 Hz;
    (B) Finding the age at which the baseline audiogram was taken and 
recording the corresponding values of age corrections at 1000 Hz through 
6000 Hz.
    (ii) Subtract the values found in step (i)(B) from the value found 
in step (i)(A).
    (iii) The differences calculated in step (ii) represented that 
portion of the change in hearing that may be due to aging.
    Example: Employee is a 32-year-old male. The audiometric history for 
his right ear is shown in decibels below.

------------------------------------------------------------------------
                                      Audiometric test frequency (Hz)
         Employee's age          ---------------------------------------
                                   1000    2000    3000    4000    6000
------------------------------------------------------------------------
26..............................      10       5       5      10       5
*27.............................       0       0       0       5       5
28..............................       0       0       0      10       5
29..............................       5       0       5      15       5
30..............................       0       5      10      20      10
31..............................       5      10      20      15      15
*32.............................       5      10      10      25      20
------------------------------------------------------------------------

    The audiogram at age 27 is considered the baseline since it shows 
the best hearing threshold levels. Asterisks have been used to identify 
the baseline and most recent audiogram. A threshold shift of 20 dB 
exists at 4000 Hz between the audiograms taken at ages 27 and 32.
    (The threshold shift is computed by subtracting the hearing 
threshold at age 27, which was 5, from the hearing threshold at age 32, 
which is 25). A retest audiogram has confirmed this shift. The 
contribution of aging to this change in hearing may be estimated in the 
following manner:
    Go to Table F-1 and find the age correction values (in dB) for 4000 
Hz at age 27 and age 32.

------------------------------------------------------------------------
                                              Frequency (Hz)
                                 ---------------------------------------
                                   1000    2000    3000    4000    6000
------------------------------------------------------------------------
Age 32..........................       6       5       7      10      14
Age 27..........................       5       4       6       7      11
                                 ---------------------------------------
    Difference..................       1       1       1       3       3
------------------------------------------------------------------------

    The difference represents the amount of hearing loss that may be 
attributed to aging in the time period between the baseline audiogram 
and the most recent audiogram. In this example, the difference at 4000 
Hz is 3 dB. This value is subtracted from the hearing level at 4000 Hz, 
which in the most recent audiogram is 25, yielding 22 after adjustment. 
Then the hearing threshold in the baseline audiogram at 4000 Hz (5) is 
subtracted from the adjusted annual audiogram hearing threshold at 4000 
Hz (22). Thus the age-corrected threshold shift would be 17 dB (as 
opposed to a threshold shift of 20 dB without age correction).

         Table F-1--Age Correction Values in Decibels for Males
------------------------------------------------------------------------
                                     Audiometric Test Frequencies (Hz)
              Years              ---------------------------------------
                                   1000    2000    3000    4000    6000
------------------------------------------------------------------------
20 or younger...................       5       3       4       5       8
21..............................       5       3       4       5       8
22..............................       5       3       4       5       8
23..............................       5       3       4       6       9
24..............................       5       3       5       6       9
25..............................       5       3       5       7      10
26..............................       5       4       5       7      10
27..............................       5       4       6       7      11
28..............................       6       4       6       8      11
29..............................       6       4       6       8      12
30..............................       6       4       6       9      12
31..............................       6       4       7       9      13
32..............................       6       5       7      10      14
33..............................       6       5       7      10      14
34..............................       6       5       8      11      15
35..............................       7       5       8      11      15
36..............................       7       5       9      12      16
37..............................       7       6       9      12      17
38..............................       7       6       9      13      17
39..............................       7       6      10      14      18
40..............................       7       6      10      14      19
41..............................       7       6      10      14      20
42..............................       8       7      11      16      20
43..............................       8       7      12      16      21
44..............................       8       7      12      17      22
45..............................       8       7      13      18      23
46..............................       8       8      13      19      24
47..............................       8       8      14      19      24
48..............................       9       8      14      20      25
49..............................       9       9      15      21      26
50..............................       9       9      16      22      27
51..............................       9       9      16      23      28
52..............................       9      10      17      24      29
53..............................       9      10      18      25      30
54..............................      10      10      18      26      31
55..............................      10      11      19      27      32
56..............................      10      11      20      28      34
57..............................      10      11      21      29      35
58..............................      10      12      22      31      36
59..............................      11      12      22      32      37
60 or older.....................      11      13      23      33      38
------------------------------------------------------------------------


        Table F-2--Age Correction Values in Decibels for Females
------------------------------------------------------------------------
                                     Audiometric Test Frequencies (Hz)
              Years              ---------------------------------------
                                   1000    2000    3000    4000    6000
------------------------------------------------------------------------
20 or younger...................       7       4       3       3       6
21..............................       7       4       4       3       6
22..............................       7       4       4       4       6
23..............................       7       5       4       4       7
24..............................       7       5       4       4       7
25..............................       8       5       4       4       7
26..............................       8       5       5       4       8
27..............................       8       5       5       5       8
28..............................       8       5       5       5       8
29..............................       8       5       5       5       9
30..............................       8       6       5       5       9
31..............................       8       6       6       5       9
32..............................       9       6       6       6      10

[[Page 226]]

 
33..............................       9       6       6       6      10
34..............................       9       6       6       6      10
35..............................       9       6       7       7      11
36..............................       9       7       7       7      11
37..............................       9       7       7       7      12
38..............................      10       7       7       7      12
39..............................      10       7       8       8      12
40..............................      10       7       8       8      13
41..............................      10       8       8       8      13
42..............................      10       8       9       9      13
43..............................      11       8       9       9      14
44..............................      11       8       9       9      14
45..............................      11       8      10      10      15
46..............................      11       9      10      10      15
47..............................      11       9      10      11      16
48..............................      12       9      11      11      16
49..............................      12       9      11      11      16
50..............................      12      10      11      12      17
51..............................      12      10      12      12      17
52..............................      12      10      12      13      18
53..............................      13      10      13      13      18
54..............................      13      11      13      14      19
55..............................      13      11      14      14      19
56..............................      13      11      14      15      20
57..............................      13      11      15      15      20
58..............................      14      12      15      16      21
59..............................      14      12      16      16      21
60 or older.....................      14      12      16      17      22
------------------------------------------------------------------------

   Appendix G to Sec. 1910.95--Monitoring Noise Levels Non-Mandatory 
                         Informational Appendix

    This appendix provides information to help employers comply with the 
noise monitoring obligations that are part of the hearing conservation 
amendment.
    What is the purpose of noise monitoring?
    This revised amendment requires that employees be placed in a 
hearing conservation program if they are exposed to average noise levels 
of 85 dB or greater during an 8 hour workday. In order to determine if 
exposures are at or above this level, it may be necessary to measure or 
monitor the actual noise levels in the workplace and to estimate the 
noise exposure or ``dose'' received by employees during the workday.
    When is it necessary to implement a noise monitoring program?
    It is not necessary for every employer to measure workplace noise. 
Noise monitoring or measuring must be conducted only when exposures are 
at or above 85 dB. Factors which suggest that noise exposures in the 
workplace may be at this level include employee complaints about the 
loudness of noise, indications that employees are losing their hearing, 
or noisy conditions which make normal conversation difficult. The 
employer should also consider any information available regarding noise 
emitted from specific machines. In addition, actual workplace noise 
measurements can suggest whether or not a monitoring program should be 
initiated.
    How is noise measured?
    Basically, there are two different instruments to measure noise 
exposures: the sound level meter and the dosimeter. A sound level meter 
is a device that measures the intensity of sound at a given moment. 
Since sound level meters provide a measure of sound intensity at only 
one point in time, it is generally necessary to take a number of 
measurements at different times during the day to estimate noise 
exposure over a workday. If noise levels fluctuate, the amount of time 
noise remains at each of the various measured levels must be determined.
    To estimate employee noise exposures with a sound level meter it is 
also generally necessary to take several measurements at different 
locations within the workplace. After appropriate sound level meter 
readings are obtained, people sometimes draw ``maps'' of the sound 
levels within different areas of the workplace. By using a sound level 
``map'' and information on employee locations throughout the day, 
estimates of individual exposure levels can be developed. This 
measurement method is generally referred to as area noise monitoring.
    A dosimeter is like a sound level meter except that it stores sound 
level measurements and integrates these measurements over time, 
providing an average noise exposure reading for a given period of time, 
such as an 8-hour workday. With a dosimeter, a microphone is attached to 
the employee's clothing and the exposure measurement is simply read at 
the end of the desired time period. A reader may be used to read-out the 
dosimeter's measurements. Since the dosimeter is worn by the employee, 
it measures noise levels in those locations in which the employee 
travels. A sound level meter can also be positioned within the immediate 
vicinity of the exposed worker to obtain an individual exposure 
estimate. Such procedures are generally referred to as personal noise 
monitoring.
    Area monitoring can be used to estimate noise exposure when the 
noise levels are relatively constant and employees are not mobile. In 
workplaces where employees move about in different areas or where the 
noise intensity tends to fluctuate over time, noise exposure is 
generally more accurately estimated by the personal monitoring approach.
    In situations where personal monitoring is appropriate, proper 
positioning of the microphone is necessary to obtain accurate 
measurements. With a dosimeter, the microphone is generally located on 
the shoulder and remains in that position for the entire workday. With a 
sound level meter, the microphone is stationed near the employee's head, 
and the instrument is usually held by an individual who follows the 
employee as he or she moves about.

[[Page 227]]

    Manufacturer's instructions, contained in dosimeter and sound level 
meter operating manuals, should be followed for calibration and 
maintenance. To ensure accurate results, it is considered good 
professional practice to calibrate instruments before and after each 
use.
    How often is it necessary to monitor noise levels?
    The amendment requires that when there are significant changes in 
machinery or production processes that may result in increased noise 
levels, remonitoring must be conducted to determine whether additional 
employees need to be included in the hearing conservation program. Many 
companies choose to remonitor periodically (once every year or two) to 
ensure that all exposed employees are included in their hearing 
conservation programs.
    Where can equipment and technical advice be obtained?
    Noise monitoring equipment may be either purchased or rented. Sound 
level meters cost about $500 to $1,000, while dosimeters range in price 
from about $750 to $1,500. Smaller companies may find it more economical 
to rent equipment rather than to purchase it. Names of equipment 
suppliers may be found in the telephone book (Yellow Pages) under 
headings such as: ``Safety Equipment,'' ``Industrial Hygiene,'' or 
``Engineers-Acoustical.'' In addition to providing information on 
obtaining noise monitoring equipment, many companies and individuals 
included under such listings can provide professional advice on how to 
conduct a valid noise monitoring program. Some audiological testing 
firms and industrial hygiene firms also provide noise monitoring 
services. Universities with audiology, industrial hygiene, or acoustical 
engineering departments may also provide information or may be able to 
help employers meet their obligations under this amendment.
    Free, on-site assistance may be obtained from OSHA-supported state 
and private consultation organizations. These safety and health 
consultative entities generally give priority to the needs of small 
businesses.

    Appendix H to Sec. 1910.95--Availability of Referenced Documents

    Paragraphs (c) through (o) of 29 CFR 1910.95 and the accompanying 
appendices contain provisions which incorporate publications by 
reference. Generally, the publications provide criteria for instruments 
to be used in monitoring and audiometric testing. These criteria are 
intended to be mandatory when so indicated in the applicable paragraphs 
of Sec. 1910.95 and appendices.
    It should be noted that OSHA does not require that employers 
purchase a copy of the referenced publications. Employers, however, may 
desire to obtain a copy of the referenced publications for their own 
information.
    The designation of the paragraph of the standard in which the 
referenced publications appear, the titles of the publications, and the 
availability of the publications are as follows:

------------------------------------------------------------------------
                                    Referenced
     Paragraph designation         publication        Available from--
------------------------------------------------------------------------
Appendix B....................  ``List of          National Technical
                                 Personal Hearing   Information Service,
                                 Protectors and     Port Royal Road,
                                 Attenuation        Springfield, VA
                                 Data,'' HEW Pub.   22161.
                                 No. 76-120,
                                 1975. NTIS-
                                 PB267461.
Appendix D....................  ``Specification    American National
                                 for Sound Level    Standards Institute,
                                 Meters,'' S1.4-    Inc., 1430 Broadway,
                                 1971 (R1976).      New York, NY 10018.
Sec.  1910.95(k)(2), appendix   ``Specifications   American National
 E.                              for                Standards Institute,
                                 Audiometers,''     Inc., 1430 Broadway,
                                 S3.6-1969.         New York, NY 10018.
Appendix D....................  ``Specification    Back Numbers
                                 for Octave, Half-  Department, Dept.
                                 Octave and Third-  STD, American
                                 Octave Band        Institute of
                                 Filter Sets,''     Physics, 333 E. 45th
                                 S1.11-1971         St., New York, NY
                                 (R1976).           10017; American
                                                    National Standards
                                                    Institute, Inc.,
                                                    1430 Broadway, New
                                                    York, NY 10018.
------------------------------------------------------------------------

    The referenced publications (or a microfiche of the publications) 
are available for review at many universities and public libraries 
throughout the country. These publications may also be examined at the 
OSHA Technical Data Center, Room N2439, United States Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 219-
7500 or at any OSHA Regional Office (see telephone directories under 
United States Government--Labor Department).

                 Appendix I to Sec. 1910.95--Definitions

    These definitions apply to the following terms as used in paragraphs 
(c) through (n) of 29 CFR 1910.95.
Action level--An 8-hour time-weighted average of 85 decibels measured on 
the A-scale, slow response, or equivalently, a dose of fifty percent.
Audiogram--A chart, graph, or table resulting from an audiometric test 
showing an individual's hearing threshold levels as a function of 
frequency.
Audiologist--A professional, specializing in the study and 
rehabilitation of hearing,

[[Page 228]]

who is certified by the American Speech-Language-Hearing Association or 
licensed by a state board of examiners.
Baseline audiogram--The audiogram against which future audiograms are 
compared.
Criterion sound level--A sound level of 90 decibels.
Decibel (dB)--Unit of measurement of sound level.
Hertz (Hz)--Unit of measurement of frequency, numerically equal to 
cycles per second.
Medical pathology--A disorder or disease. For purposes of this 
regulation, a condition or disease affecting the ear, which should be 
treated by a physician specialist.
Noise dose--The ratio, expressed as a percentage, of (1) the time 
integral, over a stated time or event, of the 0.6 power of the measured 
SLOW exponential time-averaged, squared A-weighted sound pressure and 
(2) the product of the criterion duration (8 hours) and the 0.6 power of 
the squared sound pressure corresponding to the criterion sound level 
(90 dB).
Noise dosimeter--An instrument that integrates a function of sound 
pressure over a period of time in such a manner that it directly 
indicates a noise dose.
Otolaryngologist--A physician specializing in diagnosis and treatment of 
disorders of the ear, nose and throat.
Representative exposure--Measurements of an employee's noise dose or 8-
hour time-weighted average sound level that the employers deem to be 
representative of the exposures of other employees in the workplace.
Sound level--Ten times the common logarithm of the ratio of the square 
of the measured A-weighted sound pressure to the square of the standard 
reference pressure of 20 micropascals. Unit: decibels (dB). For use with 
this regulation, SLOW time response, in accordance with ANSI S1.4-1971 
(R1976), is required.
Sound level meter--An instrument for the measurement of sound level.
Time-weighted average sound level--That sound level, which if constant 
over an 8-hour exposure, would result in the same noise dose as is 
measured.

[39 FR 23502, June 27, 1974, as amended at 46 FR 4161, Jan. 16, 1981; 46 
FR 62845, Dec. 29, 1981; 48 FR 9776, Mar. 8, 1983; 48 FR 29687, June 28, 
1983; 54 FR 24333, June 7, 1989; 61 FR 9236, Mar. 7, 1996]



Sec. 1910.97  Nonionizing radiation.

    (a) Electromagnetic radiation--(1) Definitions applicable to this 
paragraph. (i) The term electromagnetic radiation is restricted to that 
portion of the spectrum commonly defined as the radio frequency region, 
which for the purpose of this specification shall include the microwave 
frequency region.
    (ii) Partial body irradiation. Pertains to the case in which part of 
the body is exposed to the incident electromagnetic energy.
    (iii) Radiation protection guide. Radiation level which should not 
be exceeded without careful consideration of the reasons for doing so.
    (iv) The word ``symbol'' as used in this specification refers to the 
overall design, shape, and coloring of the rf radiation sign shown in 
figure G-11.
    (v) Whole body irradiation. Pertains to the case in which the entire 
body is exposed to the incident electromagnetic energy or in which the 
cross section of the body is smaller than the cross section of the 
incident radiation beam.
    (2) Radiation protection guide. (i) For normal environmental 
conditions and for incident electromagnetic energy of frequencies from 
10 MHz to 100 GHz, the radiation protection guide is 10 mW/cm.\ 2\ 
(milliwatt per square centimeter) as averaged over any possible 0.1-hour 
period. This means the following:

Power density: 10 mW./cm.\ 2\ for periods of 0.1-hour or more.
Energy density: 1 mW.-hr./cm.\ 2\ (milliwatt hour per square centimeter) 
during any 0.1-hour period.


This guide applies whether the radiation is continuous or intermittent.
    (ii) These formulated recommendations pertain to both whole body 
irradiation and partial body irradiation. Partial body irradiation must 
be included since it has been shown that some parts of the human body 
(e.g., eyes, testicles) may be harmed if exposed to incident radiation 
levels significantly in excess of the recommended levels.
    (3) Warning symbol. (i) The warning symbol for radio frequency 
radiation hazards shall consist of a red isosceles triangle above an 
inverted black isosceles triangle, separated and outlined by an aluminum 
color border. The words ``Warning--Radio-Frequency Radiation Hazard'' 
shall appear in the upper triangle. See figure G-11.
    (ii) American National Standard Safety Color Code for Marking 
Physical Hazards and the Identification of Certain Equipment, Z53.1-
1953, which is

[[Page 229]]

incorporated by reference as specified in Sec. 1910.6, shall be used for 
color specification. All lettering and the border shall be of aluminum 
color.
    (iii) The inclusion and choice of warning information or 
precautionary instructions is at the discretion of the user. If such 
information is included it shall appear in the lower triangle of the 
warning symbol.
[GRAPHIC] [TIFF OMITTED] TC27OC91.024

       Figure G-11 Radio-Frequency Radiation Hazard Warning Symbol

[[Page 230]]

    (4) Scope. This section applies to all radiations originating from 
radio stations, radar equipment, and other possible sources of 
electromagnetic radiation such as used for communication, radio 
navigation, and industrial and scientific purposes. This section does 
not apply to the deliberate exposure of patients by, or under the 
direction of, practitioners of the healing arts.
    (b) [Reserved]

[39 FR 23502, June 27, 1974, as amended at 61 FR 9236, Mar. 7, 1996]



Sec. 1910.98  Effective dates.

    (a) The provisions of this Subpart G shall become effective on 
August 27, 1971, except as provided in the remaining paragraphs of this 
section.
    (b) The following provisions shall become effective on February 15, 
1972:

Sec. 1910.94 (a)(2)(iii), (a)(3), (a)(4), (b), (c)(2), (c)(3), (c)(4), 
(c)(5), (c)(6)(i), (c)(6)(ii), (d)(1)(ii), (d)(3), (d)(4), (d)(5), and 
(d)(7).

    (c) Notwithstanding anything in paragraph (a), (b), or (d) of this 
section, any provision in any other section of this subpart which 
contains in itself a specific effective date or time limitation shall 
become effective on such date or shall apply in accordance with such 
limitation.
    (d) Notwithstanding anything in paragraph (a) of this section, if 
any standard in 41 CFR part 50-204, other than a national consensus 
standard incorporated by reference in Sec. 50-204.2(a)(1), is or becomes 
applicable at any time to any employment and place of employment, by 
virtue of the Walsh-Healey Public Contracts Act, or the Service Contract 
Act of 1965, or the National Foundation on Arts and Humanities Act of 
1965, any corresponding established Federal standard in this Subpart G 
which is derived from 41 CFR part 50-204 shall also become effective, 
and shall be applicable to such employment and place of employment, on 
the same date.



                     Subpart H--Hazardous Materials

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Orders Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 
1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; and 29 CFR part 
11.
    Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR part 
1911.
    Section 1910.119 also issued under Section 304, Clean Air Act 
Amendments of 1990 (Pub.L. 101-549), reprinted at 29 U.S.C. 655 Note.
    Section 1910.120 also issued under Section 126, Superfund Amendments 
and Reauthorization Act of 1986 as amended (29 U.S.C. 655 Note), and 5 
U.S.C. 553.



Sec. 1910.101  Compressed gases (general requirements).

    (a) Inspection of compressed gas cylinders. Each employer shall 
determine that compressed gas cylinders under his control are in a safe 
condition to the extent that this can be determined by visual 
inspection. Visual and other inspections shall be conducted as 
prescribed in the Hazardous Materials Regulations of the Department of 
Transportation (49 CFR parts 171-179 and 14 CFR part 103). Where those 
regulations are not applicable, visual and other inspections shall be 
conducted in accordance with Compressed Gas Association Pamphlets C-6-
1968 and C-8-1962, which is incorporated by reference as specified in 
Sec. 1910.6.
    (b) Compressed gases. The in-plant handling, storage, and 
utilization of all compressed gases in cylinders, portable tanks, rail 
tankcars, or motor vehicle cargo tanks shall be in accordance with 
Compressed Gas Association Pamphlet P-1-1965, which is incorporated by 
reference as specified in Sec. 1910.6.
    (c) Safety relief devices for compressed gas containers. Compressed 
gas cylinders, portable tanks, and cargo tanks shall have pressure 
relief devices installed and maintained in accordance with Compressed 
Gas Association Pamphlets S-1.1-1963 and 1965 addenda and S-1.2-1963, 
which is incorporated by reference as specified in Sec. 1910.6.

[39 FR 23502, June 27, 1974, as amended at 61 FR 9236, Mar. 7, 1996]



Sec. 1910.102  Acetylene.

    (a) Cylinders. The in-plant transfer, handling, storage, and 
utilization of

[[Page 231]]

acetylene in cylinders shall be in accordance with Compressed Gas 
Association Pamphlet G-1-1966, which is incorporated by reference as 
specified in Sec. 1910.6.
    (b) Piped systems. The piped systems for the inplant transfer and 
distribution of acetylene shall be designed, installed, maintained, and 
operated in accordance with Compressed Gas Association Pamphlet G-1.3-
1959, which is incorporated by reference as specified in Sec. 1910.6.
    (c) Generators and filling cylinders. Plants for the generation of 
acetylene and the charging (filling) of acetylene cylinders shall be 
designed, constructed, and tested in accordance with the standards 
prescribed in Compressed Gas Association Pamphlet G-1.4-1966, which is 
incorporated by reference as specified in Sec. 1910.6.

[39 FR 23502, June 27, 1974, as amended at 61 FR 9236, Mar. 7, 1996]



Sec. 1910.103  Hydrogen.

    (a) General--(1) Definitions. As used in this section (i) Gaseous 
hydrogen system is one in which the hydrogen is delivered, stored and 
discharged in the gaseous form to consumer's piping. The system includes 
stationary or movable containers, pressure regulators, safety relief 
devices, manifolds, interconnecting piping and controls. The system 
terminates at the point where hydrogen at service pressure first enters 
the consumer's distribution piping.
    (ii) Approved--Means, unless otherwise indicated, listed or approved 
by a nationally recognized testing laboratory. Refer to Sec. 1910.7 for 
definition of nationally recognized testing laboratory.
    (iii) Listed--See ``approved''.
    (iv) ASME--American Society of Mechanical Engineers.
    (v) DOT Specifications--Regulations of the Department of 
Transportation published in 49 CFR Chapter I.
    (vi) DOT regulations--See Sec. 1910.103 (a)(1)(v).
    (2) Scope--(i) Gaseous hydrogen systems. (a) Paragraph (b) of this 
section applies to the installation of gaseous hydrogen systems on 
consumer premises where the hydrogen supply to the consumer premises 
originates outside the consumer premises and is delivered by mobile 
equipment.
    (b) Paragraph (b) of this section does not apply to gaseous hydrogen 
systems having a total hydrogen content of less than 400 cubic feet, nor 
to hydrogen manufacturing plants or other establishments operated by the 
hydrogen supplier or his agent for the purpose of storing hydrogen and 
refilling portable containers, trailers, mobile supply trucks, or tank 
cars.
    (ii) Liquefied hydrogen systems. (a) Paragraph (c) of this section 
applies to the installation of liquefied hydrogen systems on consumer 
premises.
    (b) Paragraph (c) of this section does not apply to liquefied 
hydrogen portable containers of less than 150 liters (39.63 gallons) 
capacity; nor to liquefied hydrogen manufacturing plants or other 
establishments operated by the hydrogen supplier or his agent for the 
sole purpose of storing liquefied hydrogen and refilling portable 
containers, trailers, mobile supply trucks, or tank cars.
    (b) Gaseous hydrogen systems--(1) Design--(i) Containers. (a) 
Hydrogen containers shall comply with one of the following:
    (1) Designed, constructed, and tested in accordance with appropriate 
requirements of ASME Boiler and Pressure Vessel Code, Section VIII--
Unfired Pressure Vessels--1968, which is incorporated by reference as 
specified in Sec. 1910.6.
    (2) Designed, constructed, tested and maintained in accordance with 
U.S. Department of Transportation Specifications and Regulations.
    (b) Permanently installed containers shall be provided with 
substantial noncombustible supports on firm noncombustible foundations.
    (c) Each portable container shall be legibly marked with the name 
``Hydrogen'' in accordance with ``Marking Portable Compressed Gas 
Containers to Identify the Material Contained'' ANSI Z48.1--1954, which 
is incorporated by reference as specified in Sec. 1910.6. Each 
manifolded hydrogen supply unit shall be legibly marked with the name 
Hydrogen or a legend such as ``This unit contains hydrogen.''

[[Page 232]]

    (ii) Safety relief devices. (a) Hydrogen containers shall be 
equipped with safety relief devices as required by the ASME Boiler and 
Pressure Vessel Code, Section VIII Unfired Pressure Vessels, 1968 or the 
DOT Specifications and Regulations under which the container is 
fabricated.
    (b) Safety relief devices shall be arranged to discharge upward and 
unobstructed to the open air in such a manner as to prevent any 
impingement of escaping gas upon the container, adjacent structure or 
personnel. This requirement does not apply to DOT Specification 
containers having an internal volume of 2 cubic feet or less.
    (c) Safety relief devices or vent piping shall be designed or 
located so that moisture cannot collect and freeze in a manner which 
would interfere with proper operation of the device.
    (iii) Piping, tubing, and fittings. (a) Piping, tubing, and fittings 
shall be suitable for hydrogen service and for the pressures and 
temperatures involved. Cast iron pipe and fittings shall not be used.
    (b) Piping and tubing shall conform to Section 2--``Industrial Gas 
and Air Piping''--Code for Pressure Piping, ANSI B31.1-1967 with addenda 
B31.1-1969, which is incorporated by reference as specified in 
Sec. 1910.6.
    (c) Joints in piping and tubing may be made by welding or brazing or 
by use of flanged, threaded, socket, or compression fittings. Gaskets 
and thread sealants shall be suitable for hydrogen service.
    (iv) Equipment assembly. (a) Valves, gauges, regulators, and other 
accessories shall be suitable for hydrogen service.
    (b) Installation of hydrogen systems shall be supervised by 
personnel familiar with proper practices with reference to their 
construction and use.
    (c) Storage containers, piping, valves, regulating equipment, and 
other accessories shall be readily accessible, and shall be protected 
against physical damage and against tampering.
    (d) Cabinets or housings containing hydrogen control or operating 
equipment shall be adequately ventilated.
    (e) Each mobile hydrogen supply unit used as part of a hydrogen 
system shall be adequately secured to prevent movement.
    (f) Mobile hydrogen supply units shall be electrically bonded to the 
system before discharging hydrogen.
    (v) Marking. The hydrogen storage location shall be permanently 
placarded as follows: ``HYDROGEN--FLAMMABLE GAS--NO SMOKING--NO OPEN 
FLAMES,'' or equivalent.
    (vi) Testing. After installations, all piping, tubing, and fittings 
shall be tested and proved hydrogen gas tight at maximum operating 
pressure.
    (2) Location--(i) General. (a) The system shall be located so that 
it is readily accessible to delivery equipment and to authorized 
personnel.
    (b) Systems shall be located above ground.
    (c) Systems shall not be located beneath electric power lines.
    (d) Systems shall not be located close to flammable liquid piping or 
piping of other flammable gases.
    (e) Systems near aboveground flammable liquid storage shall be 
located on ground higher than the flammable liquid storage except when 
dikes, diversion curbs, grading, or separating solid walls are used to 
prevent accumulation of flammable liquids under the system.
    (ii) Specific requirements. (a) The location of a system, as 
determined by the maximum total contained volume of hydrogen, shall be 
in the order of preference as indicated by Roman numerals in Table H-1.

                                                    Table H-1
----------------------------------------------------------------------------------------------------------------
                                                                Size of hydrogen system
          Nature of location          --------------------------------------------------------------------------
                                          Less than 3,000 CF     3,000 CF to 15,000 CF    In excess of 15,000 CF
----------------------------------------------------------------------------------------------------------------
Outdoors.............................  I......................  IDI....................
In a separate building...............  II.....................  II.....................  II.
In a special room....................  III....................  III....................  Not permitted.
Inside buildings not in a special      IV.....................  Not permitted..........  Not permitted.
 room and exposed to other
 occupancies.
----------------------------------------------------------------------------------------------------------------

    (b) The minimum distance in feet from a hydrogen system of indicated 
capacity located outdoors, in separate buildings or in special rooms to 
any specified outdoor exposure shall be in accordance with Table H-2.

[[Page 233]]

    (c) The distances in Table H-2 Items 1, 14, and 3 to 10 inclusive do 
not apply where protective structures such as adequate fire walls are 
located between the system and the exposure.

                                                    Table H-2
----------------------------------------------------------------------------------------------------------------
                          Type of outdoor exposure                                  Size of hydrogen system
----------------------------------------------------------------------------------------------------------------
                                                                                           3,000 CF    In excess
                                                                               Less than   to 15,000   of 15,000
                                                                               3,000 CF       CF          CF
----------------------------------------------------------------------------------------------------------------
1. Building or structure.................  Wood frame construction \1\......          10          25          50
                                           Heavy timber, noncombustible or             0          10      \2\ 25
                                            ordinary construction \1\.
                                           Fire-resistive construction \1\..           0           0           0
2. Wall openings.........................  Not above any part of a system...          10          10          10
                                           Above any part of a system.......          25          25          25
3. Flammable liquids above ground........  0 to 1,000 gallons...............          10          25          25
                                           In excess of 1,000 gallons.......          25          50          50
4. Flammable liquids below ground--0 to    Tank.............................          10          10          10
 1,000 gallons.                            Vent or fill opening of tank.....          25          25          25
5. Flammable liquids below ground--in      Tank.............................          20          20          20
 excess of 1,000 gallons..                 Vent or fill opening of tank.....          25          25          25
6. Flammable gas storage, either high      0 to 15,000 CF capacity..........          10          25          25
 pressure or low pressure..                In excess of 15,000 CF capacity..          25          50          50
7. Oxygen storage........................  12,000 CF or less \4\............  ..........  ..........  ..........
                                           More than 12,000 CF \5\..........  ..........  ..........  ..........
8. Fast burning solids such as ordinary lumber, excelsior or paper..........          50          50          50
9. Slow burning solids such as heavy timber or coal.........................          25          25          25
10. Open flames and other sources of ignition...............................          25          25          25
11. Air compressor intakes or inlets to ventilating or air-conditioning               50          50          50
 equipment.
12. Concentration of people \3\.............................................          25          50          50
----------------------------------------------------------------------------------------------------------------
\1\ Refer to NFPA No. 220 Standard Types of Building Construction for definitions of various types of
  construction. (1969 Ed.)
\2\ But not less than one-half the height of adjacent side wall of the structure.
\3\ In congested areas such as offices, lunchrooms, locker rooms, time-clock areas.
\4\ Refer to NFPA No. 51, gas systems for welding and cutting (1969).
\5\ Refer to NFPA No. 566, bulk oxygen systems at consumer sites (1969).

    (d) Hydrogen systems of less than 3,000 CF when located inside 
buildings and exposed to other occupancies shall be situated in the 
building so that the system will be as follows:
    (1) In an adequately ventilated area as in paragraph (b)(3)(ii)(b) 
of this section.
    (2) Twenty feet from stored flammable materials or oxidizing gases.
    (3) Twenty-five feet from open flames, ordinary electrical equipment 
or other sources of ignition.
    (4) Twenty-five feet from concentrations of people.
    (5) Fifty feet from intakes of ventilation or air-conditioning 
equipment and air compressors.
    (6) Fifty feet from other flammable gas storage.
    (7) Protected against damage or injury due to falling objects or 
working activity in the area.
    (8) More than one system of 3,000 CF or less may be installed in the 
same room, provided the systems are separated by at least 50 feet. Each 
such system shall meet all of the requirements of this paragraph.
    (3) Design consideration at specific locations--(i) Outdoor 
locations. (a) Where protective walls or roofs are provided, they shall 
be constructed of noncombustible materials.
    (b) Where the enclosing sides adjoin each other, the area shall be 
properly ventilated.
    (c) Electrical equipment within 15 feet shall be in accordance with 
subpart S of this part.
    (ii) Separate buildings. (a) Separate buildings shall be built of at 
least noncombustible construction. Windows and doors shall be located so 
as to be readily accessible in case of emergency. Windows shall be of 
glass or plastic in metal frames.
    (b) Adequate ventilation to the outdoors shall be provided. Inlet 
openings shall be located near the floor in exterior walls only. Outlet 
openings shall be located at the high point of the room in exterior 
walls or roof. Inlet and outlet openings shall each have

[[Page 234]]

minimum total area of one (1) square foot per 1,000 cubic feet of room 
volume. Discharge from outlet openings shall be directed or conducted to 
a safe location.
    (c) Explosion venting shall be provided in exterior walls or roof 
only. The venting area shall be equal to not less than 1 square foot per 
30 cubic feet of room volume and may consist of any one or any 
combination of the following: Walls of light, noncombustible material, 
preferably single thickness, single strength glass; lightly fastened 
hatch covers; lightly fastened swinging doors in exterior walls opening 
outward; lightly fastened walls or roof designed to relieve at a maximum 
pressure of 25 pounds per square foot.
    (d) There shall be no sources of ignition from open flames, 
electrical equipment, or heating equipment.
    (e) Electrical equipment shall be in accordance with subpart S of 
this part for Class I, Division 2 locations.
    (f) Heating, if provided, shall be by steam, hot water, or other 
indirect means.
    (iii) Special rooms. (a) Floor, walls, and ceiling shall have a 
fire-resistance rating of at least 2 hours. Walls or partitions shall be 
continuous from floor to ceiling and shall be securely anchored. At 
least one wall shall be an exterior wall. Openings to other parts of the 
building shall not be permitted. Windows and doors shall be in exterior 
walls and shall be located so as to be readily accessible in case of 
emergency. Windows shall be of glass or plastic in metal frames.
    (b) Ventilation shall be as provided in paragraph (b)(3)(ii)(b) of 
this section.
    (c) Explosion venting shall be as provided in paragraph 
(b)(3)(ii)(c) of this section.
    (d) There shall be no sources of ignition from open flames, 
electrical equipment, or heating equipment.
    (e) Electric equipment shall be in accordance with the requirements 
of subpart S of this part for Class I, Division 2 locations.
    (f) Heating, if provided, shall be by steam, hot water, or indirect 
means.
    (4) Operating instructions. For installations which require any 
operation of equipment by the user, legible instructions shall be 
maintained at operating locations.
    (5) Maintenance. The equipment and functioning of each charged 
gaseous hydrogen system shall be maintained in a safe operating 
condition in accordance with the requirements of this section. The area 
within 15 feet of any hydrogen container shall be kept free of dry 
vegetation and combustible material.
    (c) Liquefied hydrogen systems--(1) Design--(i) Containers. (a) 
Hydrogen containers shall comply with the following: Storage containers 
shall be designed, constructed, and tested in accordance with 
appropriate requirements of the ASME Boiler and Pressure Vessel Code, 
Section VIII--Unfired Pressure Vessels (1968) or applicable provisions 
of API Standard 620, Recommended Rules for Design and Construction of 
Large, Welded, Low-Pressure Storage Tanks, Second Edition (June 1963) 
and appendix R (April 1965), which is incorporated by reference as 
specified in Sec. 1910.6.
    (b) Portable containers shall be designed, constructed and tested in 
accordance with DOT Specifications and Regulations.
    (ii) Supports. Permanently installed containers shall be provided 
with substantial noncombustible supports securely anchored on firm 
noncombustible foundations. Steel supports in excess of 18 inches in 
height shall be protected with a protective coating having a 2-hour 
fire-resistance rating.
    (iii) Marking. Each container shall be legibly marked to indicate 
``LIQUEFIED HYDROGEN--FLAMMABLE GAS.''
    (iv) Safety relief devices. (a)(1) Stationary liquefied hydrogen 
containers shall be equipped with safety relief devices sized in 
accordance with CGA Pamphlet S-1, Part 3, Safety Relief Device Standards 
for Compressed Gas Storage Containers, which is incorporated by 
reference as specified in Sec. 1910.6.

[[Page 235]]

    (2) Portable liquefied hydrogen containers complying with the U.S. 
Department of Transportation Regulations shall be equipped with safety 
relief devices as required in the U.S. Department of Transportation 
Specifications and Regulations. Safety relief devices shall be sized in 
accordance with the requirements of CGA Pamphlet S-1, Safety Relief 
Device Standards, Part 1, Compressed Gas Cylinders and Part 2, Cargo and 
Portable Tank Containers.
    (b) Safety relief devices shall be arranged to discharge 
unobstructed to the outdoors and in such a manner as to prevent 
impingement of escaping liquid or gas upon the container, adjacent 
structures or personnel. See paragraph (c)(2)(i)(f) of this section for 
venting of safety relief devices in special locations.
    (c) Safety relief devices or vent piping shall be designed or 
located so that moisture cannot collect and freeze in a manner which 
would interfere with proper operation of the device.
    (d) Safety relief devices shall be provided in piping wherever 
liquefied hydrogen could be trapped between closures.
    (v) Piping, tubing, and fittings. (a) Piping, tubing, and fittings 
and gasket and thread sealants shall be suitable for hydrogen service at 
the pressures and temperatures involved. Consideration shall be given to 
the thermal expansion and contraction of piping systems when exposed to 
temperature fluctuations of ambient to liquefied hydrogen temperatures.
    (b) Gaseous hydrogen piping and tubing (above -20  deg.F.) shall 
conform to the applicable sections of Pressure Piping Section 2--
Industrial Gas and Air Piping, ANSI B31.1-1967 with addenda B31.1-1969. 
Design of liquefied hydrogen or cold (-20  deg.F. or below) gas piping 
shall use Petroleum Refinery Piping ANSI B31.3-1966 or Refrigeration 
Piping ANSI B31.5-1966 with addenda B31.5a-1968 as a guide, which are 
incorporated by reference as specified in Sec. 1910.6.
    (c) Joints in piping and tubing shall preferably be made by welding 
or brazing; flanged, threaded, socket, or suitable compression fittings 
may be used.
    (d) Means shall be provided to minimize exposure of personnel to 
piping operating at low temperatures and to prevent air condensate from 
contacting piping, structural members, and surfaces not suitable for 
cryogenic temperatures. Only those insulating materials which are rated 
nonburning in accordance with ASTM Procedures D1692-68, which is 
incorporated by reference as specified in Sec. 1910.6, may be used. 
Other protective means may be used to protect personnel. The insulation 
shall be designed to have a vapor-tight seal in the outer covering to 
prevent the condensation of air and subsequent oxygen enrichment within 
the insulation. The insulation material and outside shield shall also be 
of adequate design to prevent attrition of the insulation due to normal 
operating conditions.
    (e) Uninsulated piping and equipment which operate at liquefied-
hydrogen temperature shall not be installed above asphalt surfaces or 
other combustible materials in order to prevent contact of liquid air 
with such materials. Drip pans may be installed under uninsulated piping 
and equipment to retain and vaporize condensed liquid air.
    (vi) Equipment assembly. (a) Valves, gauges, regulators, and other 
accessories shall be suitable for liquefied hydrogen service and for the 
pressures and temperatures involved.
    (b) Installation of liquefied hydrogen systems shall be supervised 
by personnel familiar with proper practices and with reference to their 
construction and use.
    (c) Storage containers, piping, valves, regulating equipment, and 
other accessories shall be readily accessible and shall be protected 
against physical damage and against tampering. A shutoff valve shall be 
located in liquid product withdrawal lines as close to the container as 
practical. On containers of over 2,000 gallons capacity, this shutoff 
valve shall be of the remote control type with no connections, flanges, 
or other appurtenances (other than a welded manual shutoff valve) 
allowed in the piping between the shutoff valve and its connection to 
the inner container.
    (d) Cabinets or housings containing hydrogen control equipment shall 
be ventilated to prevent any accumulation of hydrogen gas.

[[Page 236]]

    (vii) Testing. (a) After installation, all field-erected piping 
shall be tested and proved hydrogen gas-tight at operating pressure and 
temperature.
    (b) Containers if out of service in excess of 1 year shall be 
inspected and tested as outlined in (a) of this subdivision. The safety 
relief devices shall be checked to determine if they are operable and 
properly set.
    (viii) Liquefied hydrogen vaporizers. (a) The vaporizer shall be 
anchored and its connecting piping shall be sufficiently flexible to 
provide for the effect of expansion and contraction due to temperature 
changes.
    (b) The vaporizer and its piping shall be adequately protected on 
the hydrogen and heating media sections with safety relief devices.
    (c) Heat used in a liquefied hydrogen vaporizer shall be indirectly 
supplied utilizing media such as air, steam, water, or water solutions.
    (d) A low temperature shutoff switch shall be provided in the 
vaporizer discharge piping to prevent flow of liquefied hydrogen in the 
event of the loss of the heat source.
    (ix) Electrical systems. (a) Electrical wiring and equipment located 
within 3 feet of a point where connections are regularly made and 
disconnected, shall be in accordance with subpart S of this part, for 
Class I, Group B, Division 1 locations.
    (b) Except as provided in (a) of this subdivision, electrical 
wiring, and equipment located within 25 feet of a point where 
connections are regularly made and disconnected or within 25 feet of a 
liquid hydrogen storage container, shall be in accordance with subpart S 
of this part, for Class I, Group B, Division 2 locations. When equipment 
approved for class I, group B atmospheres is not commercially available, 
the equipment may be--
    (1) Purged or ventilated in accordance with NFPA No. 496-1967, 
Standard for Purged Enclosures for Electrical Equipment in Hazardous 
Locations,
    (2) Intrinsically safe, or
    (3) Approved for Class I, Group C atmospheres. This requirement does 
not apply to electrical equipment which is installed on mobile supply 
trucks or tank cars from which the storage container is filled.
    (x) Bonding and grounding. The liquefied hydrogen container and 
associated piping shall be electrically bonded and grounded.
    (2) Location of liquefied hydrogen storage--(i) General 
requirements. (a) The storage containers shall be located so that they 
are readily accessible to mobile supply equipment at ground level and to 
authorized personnel.
    (b) The containers shall not be exposed by electric power lines, 
flammable liquid lines, flammable gas lines, or lines carrying oxidizing 
materials.
    (c) When locating liquified hydrogen storage containers near above-
ground flammable liquid storage or liquid oxygen storage, it is 
advisable to locate the liquefied hydrogen container on ground higher 
than flammable liquid storage or liquid oxygen storage.
    (d) Where it is necessary to locate the liquefied hydrogen container 
on ground that is level with or lower than adjacent flammable liquid 
storage or liquid oxygen storage, suitable protective means shall be 
taken (such as by diking, diversion curbs, grading), with respect to the 
adjacent flammable liquid storage or liquid oxygen storage, to prevent 
accumulation of liquids within 50 feet of the liquefied hydrogen 
container.
    (e) Storage sites shall be fenced and posted to prevent entrance by 
unauthorized personnel. Sites shall also be placarded as follows: 
``Liquefied Hydrogen--Flammable Gas--No Smoking--No Open Flames.''
    (f) If liquified hydrogen is located in (as specified in Table H-3) 
a separate building, in a special room, or inside buildings when not in 
a special room and exposed to other occupancies, containers shall have 
the safety relief devices vented unobstructed to the outdoors at a 
minimum elevation of 25 feet above grade to a safe location as required 
in paragraph (c)(1)(iv)(b) of this section.
    (ii) Specific requirements. (a) The location of liquefied hydrogen 
storage, as determined by the maximum total quantity of liquified 
hydrogen, shall be in the order of preference as indicated by Roman 
numerals in the following Table H-3.

[[Page 237]]



                    Table H-3--Maximum Total Quantity of Liquefied Hydrogen Storage Permitted
----------------------------------------------------------------------------------------------------------------
                                                  Size of hydrogen storage (capacity in gallons)
                                 -------------------------------------------------------------------------------
       Nature of location         39.63 (150 liters)
                                         to 50             51 to 300          301 to 600       In excess of 600
----------------------------------------------------------------------------------------------------------------
Outdoors........................  I.................  I.................  I.................  I.
In a separate building..........  II................  II................  II................  Not permitted.
In a special room...............  III...............  III...............  Not permitted.....      Do.
Inside buildings not in a         IV................  Not permitted.....  ......do..........      Do.
 special room and exposed to
 other occupancies.
----------------------------------------------------------------------------------------------------------------
Note: This table does not apply to the storage in dewars of the type generally used in laboratories for
  experimental purposes.

    (b) The minimum distance in feet from liquefied hydrogen systems of 
indicated storage capacity located outdoors, in a separate building, or 
in a special room to any specified exposure shall be in accordance with 
Table H-4.

  Table H-4--Minimum Distance (Feet) From Liquefied Hydrogen Systems to
                            Exposure \1\ \2\
------------------------------------------------------------------------
                                             Liquefied hydrogen storage
                                                (capacity in gallons)
                                           -----------------------------
             Type of exposure                 39.63
                                              (150    3,501 to   15,001
                                             liters)   15,000      to
                                            to 3,500             30,000
------------------------------------------------------------------------
1. Fire-resistive building and fire walls          5         5         5
 \3\......................................
2. Noncombustible building \3\............        25        50        75
3. Other buildings \3\....................        50        75       100
4. Wall openings, air-compressor intakes,         75        75        75
 inlets for air-conditioning or
 ventilating equipment....................
5. Flammable liquids (above ground and            50        75       100
 vent or fill openings if below ground)
 (see 513 and 514)........................
6. Between stationary liquefied hydrogen           5         5         5
 containers...............................
7. Flammable gas storage..................        50        75       100
8. Liquid oxygen storage and other               100       100       100
 oxidizers (see 513 and 514)..............
9. Combustible solids.....................        50        75       100
10. Open flames, smoking and welding......        50        50        50
11. Concentrations of people..............        75        75        75
------------------------------------------------------------------------
\1\ The distance in Nos. 2, 3, 5, 7, 9, and 12 in Table H-4 may be
  reduced where protective structures, such as firewalls equal to height
  of top of the container, to safeguard the liquefied hydrogen storage
  system, are located between the liquefied hydrogen storage
  installation and the exposure.
\2\ Where protective structures are provided, ventilation and
  confinement of product should be considered. The 5-foot distance in
  Nos. 1 and 6 facilitates maintenance and enhances ventilation.
\3\ Refer to Standard Types of Building Construction, NFPA No. 220-1969
  for definitions of various types of construction.
In congested areas such as offices, lunchrooms, locker rooms, time-clock
  areas.

    (iii) Handling of liquefied hydrogen inside buildings other than 
separate buildings and special rooms. Portable liquefied hydrogen 
containers of 50 gallons or less capacity as permitted in Table H-3 and 
in compliance with subdivision (i)(f) of this subparagraph when housed 
inside buildings not located in a special room and exposed to other 
occupancies shall comply with the following minimum requirements:
    (a) Be located 20 feet from flammable liquids and readily 
combustible materials such as excelsior or paper.
    (b) Be located 25 feet from ordinary electrical equipment and other 
sources of ignition including process or analytical equipment.
    (c) Be located 25 feet from concentrations of people.
    (d) Be located 50 feet from intakes of ventilation and air-
conditioning equipment or intakes of compressors.
    (e) Be located 50 feet from storage of other flammable-gases or 
storage of oxidizing gases.
    (f) Containers shall be protected against damage or injury due to 
falling objects or work activity in the area.
    (g) Containers shall be firmly secured and stored in an upright 
position.
    (h) Welding or cutting operations, and smoking shall be prohibited 
while hydrogen is in the room.
    (i) The area shall be adequately ventilated. Safety relief devices 
on the containers shall be vented directly outdoors or to a suitable 
hood. See paragraphs (c)(1)(iv)(b) and (c)(2)(i)(f) of this section.
    (3) Design considerations at specific locations--(i) Outdoor 
locations. (a) Outdoor location shall mean outside of any building or 
structure, and includes locations under a weather shelter or canopy 
provided such locations are not enclosed by more than two walls set at 
right angles and are provided with vent-space between the walls and 
vented roof or canopy.

[[Page 238]]

    (b) Roadways and yard surfaces located below liquefied hydrogen 
piping, from which liquid air may drip, shall be constructed of 
noncombustible materials.
    (c) If protective walls are provided, they shall be constructed of 
noncombustible materials and in accordance with the provisions of 
paragraph (c)(3)(i)(a) of this section.
    (d) Electrical wiring and equipment shall comply with paragraph 
(c)(1)(ix) (a) and (b) of this section.
    (e) Adequate lighting shall be provided for nighttime transfer 
operation.
    (ii) Separate buildings. (a) Separate buildings shall be of light 
noncombustible construction on a substantial frame. Walls and roofs 
shall be lightly fastened and designed to relieve at a maximum internal 
pressure of 25 pounds per square foot. Windows shall be of shatterproof 
glass or plastic in metal frames. Doors shall be located in such a 
manner that they will be readily accessible to personnel in an 
emergency.
    (b) Adequate ventilation to the outdoors shall be provided. Inlet 
openings shall be located near the floor level in exterior walls only. 
Outlet openings shall be located at the high point of the room in 
exterior walls or roof. Both the inlet and outlet vent openings shall 
have a minimum total area of 1 square foot per 1,000 cubic feet of room 
volume. Discharge from outlet openings shall be directed or conducted to 
a safe location.
    (c) There shall be no sources of ignition.
    (d) Electrical wiring and equipment shall comply with paragraphs 
(c)(1)(ix) (a) and (b) of this section except that the provisions of 
paragraph (c)(1)(ix)(b) of this section shall apply to all electrical 
wiring and equipment in the separate building.
    (e) Heating, if provided, shall be by steam, hot water, or other 
indirect means.
    (iii) Special rooms. (a) Floors, walls, and ceilings shall have a 
fire resistance rating of at least 2 hours. Walls or partitions shall be 
continuous from floor to ceiling and shall be securely anchored. At 
least one wall shall be an exterior wall. Openings to other parts of the 
building shall not be permitted. Windows and doors shall be in exterior 
walls and doors shall be located in such a manner that they will be 
accessible in an emergency. Windows shall be of shatterproof glass or 
plastic in metal frames.
    (b) Ventilation shall be as provided in paragraph (c)(3)(ii)(b) of 
this section.
    (c) Explosion venting shall be provided in exterior walls or roof 
only. The venting area shall be equal to not less than 1 square foot per 
30 cubic feet of room volume and may consist of any one or any 
combination of the following: Walls of light noncombustible material; 
lightly fastened hatch covers; lightly fastened swinging doors opening 
outward in exterior walls; lightly fastened walls or roofs designed to 
relieve at a maximum pressure of 25 pounds per square foot.
    (d) There shall be no sources of ignition.
    (e) Electrical wiring and equipment shall comply with paragraph 
(c)(1)(ix) (a) and (b) of this section except that the provision of 
paragraph (c)(1)(ix)(b) of this section shall apply to all electrical 
wiring and equipment in the special room.
    (f) Heating, if provided, shall be steam, hot water, or by other 
indirect means.
    (4) Operating instructions--(i) Written instructions. For 
installation which require any operation of equipment by the user, 
legible instructions shall be maintained at operating locations.
    (ii) Attendant. A qualified person shall be in attendance at all 
times while the mobile hydrogen supply unit is being unloaded.
    (iii) Security. Each mobile liquefied hydrogen supply unit used as 
part of a hydrogen system shall be adequately secured to prevent 
movement.
    (iv) Grounding. The mobile liquefied hydrogen supply unit shall be 
grounded for static electricity.
    (5) Maintenance. The equipment and functioning of each charged 
liquefied hydrogen system shall be maintained in a safe operating 
condition in accordance with the requirements of this section. Weeds or 
similar combustibles

[[Page 239]]

shall not be permitted within 25 feet of any liquefied hydrogen 
equipment.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978; 
53 FR 12121, Apr. 12, 1988; 55 FR 32015, Aug. 6, 1990; 58 FR 35309, June 
30, 1993; 61 FR 9236, 9237, Mar. 7, 1996]



Sec. 1910.104  Oxygen.

    (a) Scope. This section applies to the installation of bulk oxygen 
systems on industrial and institutional consumer premises. This section 
does not apply to oxygen manufacturing plants or other establishments 
operated by the oxygen supplier or his agent for the purpose of storing 
oxygen and refilling portable containers, trailers, mobile supply 
trucks, or tank cars, nor to systems having capacities less than those 
stated in paragraph (b)(1) of this section.
    (b) Bulk oxygen systems--(1) Definition. As used in this section: A 
bulk oxygen system is an assembly of equipment, such as oxygen storage 
containers, pressure regulators, safety devices, vaporizers, manifolds, 
and interconnecting piping, which has storage capacity of more than 
13,000 cubic feet of oxygen, Normal Temperature and Pressure (NTP), 
connected in service or ready for service, or more than 25,000 cubic 
feet of oxygen (NTP) including unconnected reserves on hand at the site. 
The bulk oxygen system terminates at the point where oxygen at service 
pressure first enters the supply line. The oxygen containers may be 
stationary or movable, and the oxygen may be stored as gas or liquid.
    (2) Location--(i) General. Bulk oxygen storage systems shall be 
located above ground out of doors, or shall be installed in a building 
of noncombustible construction, adequately vented, and used for that 
purpose exclusively. The location selected shall be such that containers 
and associated equipment shall not be exposed by electric power lines, 
flammable or combustible liquid lines, or flammable gas lines.
    (ii) Accessibility. The system shall be located so that it is 
readily accessible to mobile supply equipment at ground level and to 
authorized personnel.
    (iii) Leakage. Where oxygen is stored as a liquid, noncombustible 
surfacing shall be provided in an area in which any leakage of liquid 
oxygen might fall during operation of the system and filling of a 
storage container. For purposes of this paragraph, asphaltic or 
bituminous paving is considered to be combustible.
    (iv) Elevation. When locating bulk oxygen systems near above-ground 
flammable or combustible liquid storage which may be either indoors or 
outdoors, it is advisable to locate the system on ground higher than the 
flammable or combustible liquid storage.
    (v) Dikes. Where it is necessary to locate a bulk oxygen system on 
ground lower than adjacent flammable or combustible liquid storage 
suitable means shall be taken (such as by diking, diversion curbs, or 
grading) with respect to the adjacent flammable or combustible liquid 
storage to prevent accumulation of liquids under the bulk oxygen system.
    (3) Distance between systems and exposures--(i) General. The minimum 
distance from any bulk oxygen storage container to exposures, measured 
in the most direct line except as indicated in paragraphs (b)(3) (vi) 
and (viii) of this section, shall be as indicated in paragraphs (b)(3) 
(ii) to (xviii) of this section inclusive.
    (ii) Combustible structures. Fifty feet from any combustible 
structures.
    (iii) Fire resistive structures. Twenty-five feet from any 
structures with fire-resistive exterior walls or sprinklered buildings 
of other construction, but not less than one-half the height of adjacent 
side wall of the structure.
    (iv) Openings. At least 10 feet from any opening in adjacent walls 
of fire resistive structures. Spacing from such structures shall be 
adequate to permit maintenance, but shall not be less than 1 foot.
    (v) Flammable liquid storage above-ground.

------------------------------------------------------------------------
              Distance (feet)                    Capacity (gallons)
------------------------------------------------------------------------
50........................................  0 to 1000.
90........................................  1001 or more.
------------------------------------------------------------------------

    (vi) Flammable liquid storage below-ground.

[[Page 240]]



------------------------------------------------------------------------
                                     Distance from
                                    oxygen storage
                                     container to
 Distance measured horizontally    filling and vent
from oxygen storage container to    connections or     Capacity gallons
  flammable liquid tank (feet)        openings to
                                   flammable liquid
                                      tank (feet)
------------------------------------------------------------------------
15..............................  50................  0 to 1000.
30..............................  50................  1001 or more.
------------------------------------------------------------------------

    (vii) Combustible liquid storage above-ground.

------------------------------------------------------------------------
              Distance (feet)                    Capacity (gallons)
------------------------------------------------------------------------
25........................................  0 to 1000.
50........................................  1001 or more.
------------------------------------------------------------------------

    (viii) Combustible liquid storage belowground.

------------------------------------------------------------------------
                                            Distance from oxygen storage
Distance measured horizontally from oxygen    container to filling and
  storage container to combustible liquid   vent connections or openings
                tank (feet)                  to combustible liquid tank
                                                       (feet)
------------------------------------------------------------------------
15........................................  40.
------------------------------------------------------------------------

    (ix) Flammable gas storage. (Such as compressed flammable gases, 
liquefied flammable gases and flammable gases in low pressure gas 
holders):

------------------------------------------------------------------------
              Distance (feet)                  Capacity (cu. ft. NTP)
------------------------------------------------------------------------
50........................................  Less than 5000.
90........................................  5000 or more.
------------------------------------------------------------------------

    (x) Highly combustible materials. Fifty feet from solid materials 
which burn rapidly, such as excelsior or paper.
    (xi) Slow-burning materials. Twenty-five feet from solid materials 
which burn slowly, such as coal and heavy timber.
    (xii) Ventilation. Seventy-five feet in one direction and 35 feet in 
approximately 90 deg. direction from confining walls (not including 
firewalls less than 20 feet high) to provide adequate ventilation in 
courtyards and similar confining areas.
    (xiii) Congested areas. Twenty-five feet from congested areas such 
as offices, lunchrooms, locker rooms, time clock areas, and similar 
locations where people may congregate.
    (xiv)-(xvii) [Reserved]
    (xviii) Exceptions. The distances in paragraphs (b)(3) (ii), (iii), 
(v) to (xi) inclusive, of this section do not apply where protective 
structures such as firewalls of adequate height to safeguard the oxygen 
storage systems are located between the bulk oxygen storage installation 
and the exposure. In such cases, the bulk oxygen storage installation 
may be a minimum distance of 1 foot from the firewall.
    (4) Storage containers--(i) Foundations and supports. Permanently 
installed containers shall be provided with substantial noncombustible 
supports on firm noncombustible foundations.
    (ii) Construction--liquid. Liquid oxygen storage containers shall be 
fabricated from materials meeting the impact test requirements of 
paragraph UG-84 of ASME Boiler and Pressure Vessel Code, Section VIII--
Unfired Pressure Vessels--1968, which is incorporated by reference as 
specified in Sec. 1910.6. Containers operating at pressures above 15 
pounds per square inch gage (p.s.i.g.) shall be designed, constructed, 
and tested in accordance with appropriate requirements of ASME Boiler 
and Pressure Vessel Code, Section VII--Unfired Pressure Vessels--1968. 
Insulation surrounding the liquid oxygen container shall be 
noncombustible.
    (iii) Construction--gaseous. High- pressure gaseous oxygen 
containers shall comply with one of the following:
    (a) Designed, constructed, and tested in accordance with appropriate 
requirements of ASME Boiler and Pressure Vessel Code, Section VIII--
Unfired Pressure Vessels--1968.
    (b) Designed, constructed, tested, and maintained in accordance with 
DOT Specifications and Regulations.
    (5) Piping, tubing, and fittings--(i) Selection. Piping, tubing, and 
fittings shall be suitable for oxygen service and for the pressures and 
temperatures involved.
    (ii) Specification. Piping and tubing shall conform to Section 2--
Gas and Air Piping Systems of Code for Pressure Piping, ANSI, B31.1-1967 
with addenda B31.10a-1969, which is incorporated by reference as 
specified in Sec. 1910.6.
    (iii) Fabrication. Piping or tubing for operating temperatures below 
-20  deg.F. shall be fabricated from materials meeting the impact test 
requirements of paragraph UG-84 of ASME Boiler and Pressure Vessel Code, 
Section VIII--Unfired Pressure Vessels--1968, when tested at the minimum 
operating

[[Page 241]]

temperature to which the piping may be subjected in service.
    (6) Safety relief devices--(i) General. Bulk oxygen storage 
containers, regardless of design pressure shall be equipped with safety 
relief devices as required by the ASME code or the DOT specifications 
and regulations.
    (ii) DOT containers. Bulk oxygen storage containers designed and 
constructed in accordance with DOT specification shall be equipped with 
safety relief devices as required thereby.
    (iii) ASME containers. Bulk oxygen storage containers designed and 
constructed in accordance with the ASME Boiler and Pressure Vessel Code, 
Section VIII--Unfired Pressure Vessel--1968 shall be equipped with 
safety relief devices meeting the provisions of the Compressed Gas 
Association Pamphlet ``Safety Relief Device Standards for Compressed Gas 
Storage Containers,'' S-1, Part 3, which is incorporated by reference as 
specified in Sec. 1910.6.
    (iv) Insulation. Insulation casings on liquid oxygen containers 
shall be equipped with suitable safety relief devices.
    (v) Reliability. All safety relief devices shall be so designed or 
located that moisture cannot collect and freeze in a manner which would 
interfere with proper operation of the device.
    (7) Liquid oxygen vaporizers--(i) Mounts and couplings. The 
vaporizer shall be anchored and its connecting piping be sufficiently 
flexible to provide for the effect of expansion and contraction due to 
temperature changes.
    (ii) Relief devices. The vaporizer and its piping shall be 
adequately protected on the oxygen and heating medium sections with 
safety relief devices.
    (iii) Heating. Heat used in an oxygen vaporizer shall be indirectly 
supplied only through media such as steam, air, water, or water 
solutions which do not react with oxygen.
    (iv) Grounding. If electric heaters are used to provide the primary 
source of heat, the vaporizing system shall be electrically grounded.
    (8) Equipment assembly and installation--(i) Cleaning. Equipment 
making up a bulk oxygen system shall be cleaned in order to remove oil, 
grease or other readily oxidizable materials before placing the system 
in service.
    (ii) Joints. Joints in piping and tubing may be made by welding or 
by use of flanged, threaded, slip, or compression fittings. Gaskets or 
thread sealants shall be suitable for oxygen service.
    (iii) Accessories. Valves, gages, regulators, and other accessories 
shall be suitable for oxygen service.
    (iv) Installation. Installation of bulk oxygen systems shall be 
supervised by personnel familiar with proper practices with reference to 
their construction and use.
    (v) Testing. After installation all field erected piping shall be 
tested and proved gas tight at maximum operating pressure. Any medium 
used for testing shall be oil free and nonflammable.
    (vi) Security. Storage containers, piping, valves, regulating 
equipment, and other accessories shall be protected against physical 
damage and against tampering.
    (vii) Venting. Any enclosure containing oxygen control or operating 
equipment shall be adequately vented.
    (viii) Placarding. The bulk oxygen storage location shall be 
permanently placarded to indicate: ``OXYGEN--NO SMOKING--NO OPEN 
FLAMES'', or an equivalent warning.
    (ix) Electrical wiring. Bulk oxygen installations are not hazardous 
locations as defined and covered in subpart S of this part. Therefore, 
general purpose or weatherproof types of electrical wiring and equipment 
are acceptable depending upon whether the installation is indoors or 
outdoors. Such equipment shall be installed in accordance with the 
applicable provisions of subpart S of this part.
    (9) Operating instructions. For installations which require any 
operation of equipment by the user, legible instructions shall be 
maintained at operating locations.
    (10) Maintenance. The equipment and functioning of each charged bulk 
oxygen system shall be maintained in a safe operating condition in 
accordance with the requirements of this section. Wood and long dry 
grass shall be cut

[[Page 242]]

back within 15 feet of any bulk oxygen storage container.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978; 
61 FR 9237, Mar. 7, 1996]



Sec. 1910.105  Nitrous oxide.

    The piped systems for the in-plant transfer and distribution of 
nitrous oxide shall be designed, installed, maintained, and operated in 
accordance with Compressed Gas Association Pamphlet G-8.1-1964, which is 
incorporated by reference as specified in Sec. 1910.6.

[39 FR 23502, June 27, 1974, as amended at 61 FR 9237, Mar. 7, 1996]



Sec. 1910.106  Flammable and combustible liquids.

    (a) Definitions. As used in this section:
    (1) Aerosol shall mean a material which is dispensed from its 
container as a mist, spray, or foam by a propellant under pressure.
    (2) Atmospheric tank shall mean a storage tank which has been 
designed to operate at pressures from atmospheric through 0.5 p.s.i.g.
    (3) Automotive service station shall mean that portion of property 
where flammable or combustible liquids used as motor fuels are stored 
and dispensed from fixed equipment into the fuel tanks of motor vehicles 
and shall include any facilities available for the sale and service of 
tires, batteries, and accessories, and for minor automotive maintenance 
work. Major automotive repairs, painting, body and fender work are 
excluded.
    (4) Basement shall mean a story of a building or structure having 
one-half or more of its height below ground level and to which access 
for fire fighting purposes is unduly restricted.
    (5) Boiling point shall mean the boiling point of a liquid at a 
pressure of 14.7 pounds per square inch absolute (p.s.i.a.) (760 mm.). 
Where an accurate boiling point is unavailable for the material in 
question, or for mixtures which do not have a constant boiling point, 
for purposes of this section the 10 percent point of a distillation 
performed in accordance with the Standard Method of Test for 
Distillation of Petroleum Products, ASTM D-86-62, which is incorporated 
by reference as specified in Sec. 1910.6, may be used as the boiling 
point of the liquid.
    (6) Boilover shall mean the expulsion of crude oil (or certain other 
liquids) from a burning tank. The light fractions of the crude oil 
burnoff producing a heat wave in the residue, which on reaching a water 
strata may result in the expulsion of a portion of the contents of the 
tank in the form of froth.
    (7) Bulk plant shall mean that portion of a property where flammable 
or combustible liquids are received by tank vessel, pipelines, tank car, 
or tank vehicle, and are stored or blended in bulk for the purpose of 
distributing such liquids by tank vessel, pipeline, tank car, tank 
vehicle, or container.
    (8) Chemical plant shall mean a large integrated plant or that 
portion of such a plant other than a refinery or distillery where 
flammable or combustible liquids are produced by chemical reactions or 
used in chemical reactions.
    (9) Closed container shall mean a container as herein defined, so 
sealed by means of a lid or other device that neither liquid nor vapor 
will escape from it at ordinary temperatures.
    (10) Crude petroleum shall mean hydrocarbon mixtures that have a 
flash point below 150  deg.F. and which have not been processed in a 
refinery.
    (11) Distillery shall mean a plant or that portion of a plant where 
flammable or combustible liquids produced by fermentation are 
concentrated, and where the concentrated products may also be mixed, 
stored, or packaged.
    (12) Fire area shall mean an area of a building separated from the 
remainder of the building by construction having a fire resistance of at 
least 1 hour and having all communicating openings properly protected by 
an assembly having a fire resistance rating of at least 1 hour.
    (13) Flammable aerosol shall mean an aerosol which is required to be 
labeled ``Flammable'' under the Federal Hazardous Substances Labeling 
Act (15 U.S.C. 1261). For the purposes of paragraph (d) of this section, 
such aerosols are considered Class IA liquids.
    (14) Flashpoint means the minimum temperature at which a liquid 
gives off vapor within a test vessel in sufficient

[[Page 243]]

concentration to form an ignitable mixture with air near the surface of 
the liquid, and shall be determined as follows:
    (i) For a liquid which has a viscosity of less than 45 SUS at 100 
deg.F. (37.8  deg.C.), does not contain suspended solids, and does not 
have a tendency to form a surface film while under test, the procedure 
specified in the Standard Method of Test for Flashpoint by Tag Closed 
Tester (ASTM D-56-70), which is incorporated by reference as specified 
in Sec. 1910.6, shall be used.
    (ii) For a liquid which has a viscosity of 45 SUS or more at 100 
deg.F. (37.8  deg.C.), or contains suspended solids, or has a tendency 
to form a surface film while under test, the Standard Method of Test for 
Flashpoint by Pensky-Martens Closed Tester (ASTM D-93-71) shall be used, 
except that the methods specified in Note 1 to section 1.1 of ASTM D-93-
71 may be used for the respective materials specified in the Note. The 
preceding ASTM standards are incorporated by reference as specified in 
Sec. 1910.6.
    (iii) For a liquid that is a mixture of compounds that have 
different volatilities and flashpoints, its flashpoint shall be 
determined by using the procedure specified in paragraph (a)(14) (i) or 
(ii) of this section on the liquid in the form it is shipped. If the 
flashpoint, as determined by this test, is 100  deg.F. (37.8  deg.C.) or 
higher, an additional flashpoint determination shall be run on a sample 
of the liquid evaporated to 90 percent of its original volume, and the 
lower value of the two tests shall be considered the flashpoint of the 
material.
    (iv) Organic peroxides, which undergo autoaccelerating thermal 
decomposition, are excluded from any of the flashpoint determination 
methods specified in this subparagraph.
    (15) Hotel shall mean buildings or groups of buildings under the 
same management in which there are sleeping accommodations for hire, 
primarily used by transients who are lodged with or without meals 
including but not limited to inns, clubs, motels, and apartment hotels.
    (16) Institutional occupancy shall mean the occupancy or use of a 
building or structure or any portion thereof by persons harbored or 
detained to receive medical, charitable or other care or treatment, or 
by persons involuntarily detained.
    (17) Liquid shall mean, for the purpose of this section, any 
material which has a fluidity greater than that of 300 penetration 
asphalt when tested in accordance with ASTM Test for Penetration for 
Bituminous Materials, D-5-65, which is incorporated by reference as 
specified in Sec. 1910.6. When not otherwise identified, the term liquid 
shall include both flammable and combustible liquids.
    (18) Combustible liquid means any liquid having a flashpoint at or 
above 100  deg.F. (37.8  deg.C.) Combustible liquids shall be divided 
into two classes as follows:
    (i) Class II liquids shall include those with flashpoints at or 
above 100  deg.F. (37.8  deg.C.) and below 140  deg.F. (60  deg.C.), 
except any mixture having components with flashpoints of 200  deg.F. 
(93.3  deg.C.) or higher, the volume of which make up 99 percent or more 
of the total volume of the mixture.
    (ii) Class III liquids shall include those with flashpoints at or 
above 140  deg.F. (60  deg.C.) Class III liquids are subdivided into two 
subclasses:
    (a) Class IIIA liquids shall include those with flashpoints at or 
above 140  deg.F. (60  deg.C.) and below 200  deg.F. (93.3  deg.C.), 
except any mixture having components with flashpoints of 200  deg.F. 
(93.3  deg.C.), or higher, the total volume of which make up 99 percent 
or more of the total volume of the mixture.
    (b) Class IIIB liquids shall include those with flashpoints at or 
above 200  deg.F. (93.3  deg.C.). This section does not cover Class IIIB 
liquids. Where the term ``Class III liquids is used in this section, it 
shall mean only Class IIIA liquids.
    (iii) When a combustible liquid is heated for use to within 30 
deg.F. (16.7  deg.C.) of its flashpoint, it shall be handled in 
accordance with the requirements for the next lower class of liquids.
    (19) Flammable liquid means any liquid having a flashpoint below 100 
 deg.F. (37.8  deg.C.), except any mixture having components with 
flashpoints of 100  deg.F. (37.8  deg.C.) or higher, the total of which 
make up 99 percent or more of the total volume of the mixture. Flammable 
liquids shall be known as Class I liquids.

[[Page 244]]

Class I liquids are divided into three classes as follows:
    (i) Class IA shall include liquids having flashpoints below 73 
deg.F. (22.8  deg.C.) and having a boiling point below 100  deg.F. (37.8 
 deg.C.).
    (ii) Class IB shall include liquids having flashpoints below 73 
deg.F. (22.8  deg.C.) and having a boiling point at or above 100  deg.F. 
(37.8  deg.C.).
    (iii) Class IC shall include liquids having flashpoints at or above 
73  deg.F. (22.8  deg.C.) and below 100  deg.F. (37.8  deg.C.).
    (20) Unstable (reactive) liquid shall mean a liquid which in the 
pure s