[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1998 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
29
Labor
PART 1900 to Sec. 1910.999
Revised as of July 1, 1998
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1998
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1998
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 29:
Subtitle B--Regulations Relating to Labor (Continued):
Chapter XVII--Occupational Safety and Health
Administration, Department of Labor................... 5
Finding Aids:
Material Approved for Incorporation by Reference.......... 923
Table of CFR Titles and Chapters.......................... 933
Alphabetical List of Agencies Appearing in the CFR........ 951
List of CFR Sections Affected............................. 961
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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.
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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
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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
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
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INCORPORATION BY REFERENCE
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This material, like any other properly issued regulation, has the force
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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
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(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.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
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An index to the text of ``Title 3--The President'' is carried within
that volume.
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.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 1998.
[[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, 1998.
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).
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 29--LABOR
(This book contains parts 1900 to 1910.999)
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Part
SUBTITLE B--Regulations Relating to Labor (Continued)
chapter xvii--Occupational Safety and Health Administration,
Department of Labor....................................... 1902
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.
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.
[[Page 3]]
Subtitle B--Regulations Relating to Labor (Continued)
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[[Page 5]]
CHAPTER XVII--OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION,
DEPARTMENT OF LABOR
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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.
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.................................... 50
1906
Administration witnesses and documents in private litigation [Reserved]
1908 Consultation agreements..................... 61
1910 Occupational safety and health standards.... 70
Subject index for 29 CFR part 1910--
Occupational safety and health standards 880
[[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;
[[Page 12]]
(2) Establish alternative standards, procedures, criteria, and rules
which will be measured against each of the indices of effectiveness in
paragraphs (b) and (c) of this section to determine whether the
alternatives are at least as effective as the Federal program 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
[[Page 13]]
hazards, including monitoring or measuring such exposure.
(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.
[[Page 14]]
(ix) Provides that the State agency (or agencies) will have the
necessary legal authority for the enforcement of standards, by such
means as provisions for appropriate compulsory process to obtain
necessary evidence or testimony in connection with inspection and
enforcement proceedings.
(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
[[Page 34]]
the basis of the report the Area Director believes that the employer has
violated a requirement of section 5 of the 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.
[[Page 35]]
(4) For purposes of this policy, the term ``imminent danger'' means
the existence of any condition or practice 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
[[Page 36]]
being proposed. Any notice of proposed penalty shall state that the
proposed 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
[[Page 37]]
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 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:
[[Page 38]]
(i) For an uncontested citation item, the fifteenth working day
after the employer's receipt of the citation;
(ii) For a contested citation item:
(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.
[[Page 39]]
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 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
[[Page 40]]
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;
(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)*________________________________________________________
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]
[[Page 41]]
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.
Appendix C to Section 1903.19--Sample Warning Tag (Nonmandatory)
[GRAPHIC] [TIFF OMITTED] TC27OC91.000
[62 FR 15337, Mar. 31, 1997]
[[Page 42]]
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 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
[[Page 43]]
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]
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
[[Page 44]]
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 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
[[Page 45]]
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 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.
[[Page 46]]
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 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.
[[Page 47]]
(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 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
[[Page 48]]
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 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]
[[Page 49]]
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]
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]
[[Page 50]]
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]
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.
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--
[[Page 51]]
(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 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.
[[Page 52]]
(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 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.
[[Page 53]]
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.
(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
[[Page 54]]
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.
(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
[[Page 55]]
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 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]
[[Page 56]]
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.
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.
[[Page 57]]
(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 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:
[[Page 58]]
(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 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.
[[Page 59]]
(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.
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
[[Page 60]]
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.
(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.
[[Page 61]]
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, 21, Occupational Safety and Health Act of 1970
(29 U.S.C. 656, 670); Secretary of Labor's Order No. 9-83 (48 FR 35736).
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 under sections 7(c)(1) and 21(c) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) under which OSHA
will utilize State personnel to provide consultative services to
employers. 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 offsite
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
[[Page 62]]
by the Assistant Secretary as part of the Cooperative Agreement.
(c) In States operating approved Plans under section 18 of the Act,
the provisions of this art which establish policies governing
enforcement activities do not apply to safety and health issues covered
by the State Plan. States operating such Plans shall, in accord with
section 18(b), establish policies which are at least as effective as
Federal policies.
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.
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 a
business of that employer which affects commerce.
Employer means a person engaged in a business who has employees, but
does not include the United States, 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).
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 Operations Manual or an approved
State Plan counterpart.
RA means the Regional Administrator for Occupational Safety and
Health of the Region in which the State concerned is located.
Serious hazard means any condition or practice which would be
classified as a serious violation of applicable Federal or State
statutes, regulations or standards, based on criteria contained in the
current OSHA Field Operations Manual or an approved State Plan
[[Page 63]]
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.
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.
(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.
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;
(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 through Federal and State funds
for the purpose of assisting the
[[Page 64]]
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 a hazard which
would be classified as a serious hazard. 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 that when an employer requests
and receives a consultative visit covering all conditions and operations
in the place of employment related to occupational safety and health and
meets the other conditions set forth in Sec. 1908.7(b)(4), the employer
may, upon request, be exempt from a general schedule OSHA enforcement
inspection for a period of one year from the end of the closing
conference of the consultative visit.
(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.
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.
(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 walk through the workplace, and a closing conference. An
initial visit may include training
[[Page 65]]
and education for employers and employees, if the need for such training
and education is revealed by the walk through 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 as the employer
requests to provide needed education and training, assistance with the
employer's safety and health program, or 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) In addition, employees, their representatives, and members of a
workplace joint safety and health committee may participate in the
onsite consultative visit to the extent desired by the employer. In the
opening conference, the consultant shall encourage the employer to allow
employee participation to the fullest extent practicable.
(d) Opening conference. In addition to the requirements of
Sec. 1908.6(c), the consultant shall, in the opening conference, explain
to the employer the relationship between onsite consultation and OSHA
enforcement activity and shall explain the obligation to protect
employees in the event that certain hazardous conditions are identified.
(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 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
[[Page 66]]
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 an identified serious
hazard exists, the consultant shall 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 shall
provide, upon request from the employer within 15 working days of
receipt of the consultant's report, an opportunity for an expeditious
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) The employer shall be encouraged to advise affected employees of
the hazards when they are identified, and to notify them of their
correction.
(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 Sec. 1908.6(e)(7) to eliminate or control
employee exposure to any identified serious hazard. In order to
demonstrate that the necessary action is being taken, an employer may be
required to submit periodic reports, permit a followup visit, or take
similar action.
(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. 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).
(h) Confidentiality. The consultant shall preserve the
confidentiality of information obtained as the result of a consultative
visit which contains or
[[Page 67]]
might reveal a trade secret of the employer.
(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. 1908.7 Relationship to enforcement.
(a) Independence. (1) Consultative activity by a State shall be
conducted 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 forwarded or
provided to OSHA for use in any compliance inspection or scheduling
activity, except as provided for in Sec. 1908.6(f) (1) and (4) and
Sec. 1908.7(b)(4).
(b) Effect upon scheduling. (1) An onsite consultative visit already
in progress will have priority over OSHA compliance inspections except
as provided in Sec. 1908.7(b)(2). 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 request from
the beginning of the opening conference through the end of the closing
conference; except that for periods which exceed 30 days from the
initiation of the opening conference, the RA may determine that the
inspection will proceed. For working conditions, hazards, or situations
not covered by the request, the onsite consultative visit shall be
considered in progress only while the consultant is at the place of
employment.
(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) When an employer requests and undergoes a consultative visit at
an establishment covering all conditions and operations in the place of
employment related to occupational safety and health; corrects all
hazards that have been identified during the course of the consultative
visit within established time frames, and posts notice of their
correction when such is completed; demonstrates to the consultant that
certain core elements of an effective safety and health program are in
effect, and that the remaining elements of an effective safety and
health program will be implemented within a reasonable, established time
frame; and agrees to request a consultative visit if major changes in
working conditions or work processes occur which may introduce new
hazards, the employer may, upon request, be exempt from a general
schedule OSHA enforcement inspection for a period of one year from the
end of the closing conference of the consultative visit. Between the
time of election to participate in the process required to qualify
[[Page 68]]
for the exemption and the completion of the process, the employer must
post a notice of such participation.
(5) When an employer requests consideration for an inspection
exemption under Sec. 1908.7(b)(4), the provisions of Sec. 1908.6 (e)(7),
(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 such a written report is required
by 29 CFR 1910.20.
(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]
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 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.''
[[Page 69]]
(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
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
[[Page 70]]
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.
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.
[[Page 71]]
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 Dip tanks containing flammable or combustible liquids.
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.
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.
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.
[[Page 72]]
1910.165 Employee alarm systems.
APPENDICES TO SUBPART L TO PART 1910
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.
1910.267 Agricultural 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.
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]
[[Page 73]]
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]
1910.442--1910.999 [Reserved]
Source: 39 FR 23502, June 27, 1974, unless otherwise noted.
Subpart A--General
Authority: Secs. 4, 6, 8 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033),
or 6-96 (62 FR 111), as applicable.
Sections 1910.7 and 1910.8 also issued under 29 CFR part 1911.
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 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
[[Page 74]]
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 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
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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.
(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:
[[Page 76]]
(1) ACGIH Manual ``Industrial Ventilation'' (1970), incorporation by
reference (IBR) approved for Sec. 1910.94(d) (7)(iv) and (8)(i).
(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).
(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).
[[Page 77]]
(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).
(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 Z9.2-60 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), (c)(7)(iv)(a),
(d)(1)(ii), (d)(3), (d)(7)(iv), (d)(8)(i); 1910.261
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(a)(3)(xx), (g)(1) (i) and (iii), and (h)(2)(ii).
(51) 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).
(52) 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).
(53) ANSI Z21.30-64 Requirements for Gas Appliances and Gas Piping
Installations, IBR approved for Sec. 1910.265(c)(15).
(54) 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).
(55) 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).
(56) 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).
(57) ANSI Z35.1-68 Specifications for Accident Prevention Signs, IBR
approved for Sec. 1910.261 (a)(3)(xxiv) and (c)(16).
(58) 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).
(59) ANSI Z41-91, Personal Protection-Protective Footwear, IBR
approved for Sec. 1910.136(b)(1).
(60) 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).
(61) 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).
(62) ANSI Z49.1-67 Safety in Welding and Cutting, IBR approved for
Sec. 1910.252(c)(1)(iv) (A) and (B).
(63) 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).
(64) 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).
(65) 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).
(66) ANSI Z87.1-89, Practice for Occupational and Educational Eye
and Face Protection, IBR approved for Sec. 1910.133(b)(1).
(67) 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).
(68) 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).
(69) ANSI Z89.1-86, Protective Headwear for Industrial Workers
Requirements, IBR approved for Sec. 1910.135(b)(1).
(70) 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).
[[Page 79]]
(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).
(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).
[[Page 80]]
(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).
(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]
[[Page 81]]
(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), Batterymarch Park, Quincy,
MA 02269:
(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. 1910.94(d)(2)(iv).
(5) NFPA 35-1970 Standard for the Manufacture of Organic Coatings,
IBR approved for Sec. 1910.106(j)(6)(ii).
(6) NFPA 36-1967 Standard for Solvent Extraction Plants, IBR
approved for Sec. 1910.106(j)(6)(iii).
(7) 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).
(8) NFPA 51B-1962 Standard for Fire Protection in Use of Cutting and
Welding Processes, IBR approved for Sec. 1910.252(a)(1) introductory
text.
(9) NFPA 54-1969 Standard for the Installation of Gas Appliances and
Gas Piping, IBR approved for Sec. 1910.110(b)(20)(iv)(a).
(10) 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).
(11) 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).
(12) 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).
(13) 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).
(14) NFPA 68-1954 Guide for Explosion Venting, IBR approved for
Sec. 1910.94(a)(2)(iii).
(15) NFPA 70-1971 National Electrical Code, IBR approved for
Sec. 1910.66 App. D(c)(2).
(16) NFPA 78-1968 Lightning Protection Code, IBR approved for
Sec. 1910.109(i)(6)(ii).
(17) NFPA 80-1968 Standard for Fire Doors and Windows, IBR approved
for Sec. 1910.106(d)(4)(i).
(18) NFPA 80-1970 Standard for the Installation of Fire Doors and
Windows, IBR approved for Sec. 1910.253(f)(6)(i)(I).
(19) 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).
(20) 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).
(21) NFPA 91-1969 Standards for Blower and Exhaust Systems, IBR
approved for Sec. 1910.108(b)(1).
(22) 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).
[[Page 82]]
(23) NFPA 101-1970 Code for Life Safety From Fire in Buildings and
Structures, IBR approved for Sec. 1910.261(a)(4)(ii).
(24) NFPA 203M-1970 Manual on Roof Coverings, IBR approved for
Sec. 1910.109(i)(1)(iii)(c).
(25) 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).
(26) NFPA 302-1968 Fire Protection Standard for Motor-Craft
(Pleasure and Commercial), IBR approved for Sec. 1910.265(d)(2)(iv)
introductory text.
(27) 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).
(28) NFPA 496-1967 Standard for Purged Enclosures for Electrical
Equipment in Hazardous Locations, IBR approved for
Sec. 1910.103(c)(1)(ix)(e)(1).
(29) 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).
(30) 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).
(31) NFPA 656-1959 Code for the Prevention of Dust Ignition in Spice
Grinding Plants, IBR approved for Sec. 1910.263(k)(2)(i).
(32) 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).
(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
[[Page 83]]
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]
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 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
[[Page 84]]
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.
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.
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
[[Page 85]]
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 60
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, 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
[[Page 86]]
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, 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. The application for expansion will be acted upon
and processed by OSHA in accordance with subsection I.B. of this
appendix.
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. The renewal request will be processed in accordance
with subsection I.B. of this appendix.
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
[[Page 87]]
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
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]
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.
[[Page 88]]
------------------------------------------------------------------------
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
------------------------------------------------------------------------
[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.
[[Page 89]]
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.
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]
[[Page 90]]
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)).
(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; and
(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
[[Page 91]]
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)).
(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]
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
[[Page 92]]
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.
(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.
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(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.
(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.
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(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 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
[[Page 95]]
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 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
[[Page 96]]
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 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,
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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.
(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.
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(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 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
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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.
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:
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(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 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.
[[Page 101]]
(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 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.
[[Page 102]]
(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 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,
[[Page 103]]
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 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.
[[Page 104]]
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]
(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
[[Page 105]]
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]
(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
[[Page 106]]
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.
(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]
[[Page 107]]
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.
[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.
[[Page 108]]
(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 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.
[GRAPHIC] [TIFF OMITTED] TLEARANCESI92EC27OC91.003
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).
[[Page 109]]
[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.
[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
[[Page 110]]
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
[GRAPHIC] [TIFF OMITTED] TC27OC91.008
Figure D-8.--Clearance Diagram for Fixed Ladder in Well
[[Page 111]]
[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 112]]
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 113]]
------------------------------------------------------------------------
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 114]]
\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 115]]
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 116]]
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 117]]
(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 118]]
(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 119]]
(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 120]]
(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
2\3/4\ 1\3/4\ x
2\3/4\ 1\3/4\ x 3 1\3/4\ x 3 1\3/4\ x
3\1/2\
At middle (in.)................................... 1\3/4\ x
3\3/4\ 1\3/4\ x
3\3/4\ 1\3/4\ x 4 1\3/4\ x
4\1/4\ 1\3/4\ x 5
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
2\3/4\ \1/2\ x
2\3/4\ \1/2\ x
2\3/4\ \1/2\ x \3/
4\ \1/2\ x
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 121]]
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 122]]
(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 123]]
(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
paragraph (a)(22) of this section are met.
[[Page 124]]
(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 125]]
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 126]]
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 127]]
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 128]]
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 129]]
(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 130]]
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 131]]
(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 132]]
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 133]]
(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 134]]
(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 135]]
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 136]]
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 137]]
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 138]]
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 139]]
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.
[[Page 140]]
(4) Building anchors which extend beyond the face of the building
shall be 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
[[Page 141]]
and to prevent a crushing or shearing hazard.
(5) Maintenance access. Means shall be provided to traverse all
carriages and 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.
[[Page 142]]
(i) Equipment installations shall be designed by or under the
direction of a registered professional engineer experienced in such
design;
(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
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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) 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.
[[Page 144]]
(ii) Each hoisting machine shall be capable of arresting any
overspeed descent of the load.
(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
[[Page 145]]
(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 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
[[Page 146]]
the fall arrest system, provided that each employee is attached to a
horizontal lifeline anchored to the platform.
(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
[[Page 147]]
continuous contact with the building face.
(F) The load carrying components of the button guide stabilization
system 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:
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
[[Page 148]]
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.
(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
[[Page 149]]
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 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;
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(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
(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.
[[Page 151]]
(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.
(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
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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 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
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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 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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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,
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automatically locks the drum and arrests the fall.
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.
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(3) Personal fall arrest systems shall be rigged such that an
employee can neither 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
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the attachment on the body belt or body harness.
(iii) The test weight should fall free from the anchorage level to
its hanging location (a total of 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
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should be fully evaluated or tested by a competent person to determine
that it meets the standard, before the modified system is put in use.
(d) Employee training considerations. Thorough employee training in
the selection and use of personal fall arrest systems is imperative. 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
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should be used. Such alternatives may include use of a snap-hook/dee
ring connection, wire rope tie-off, an effective padding of the
surfaces, or an abrasion-resistance strap around or over the problem
surface.
(6) Horizontal lifelines may, depending on their geometry and angle
of sag, be subjected to greater loads than the impact load imposed by an
attached component. When the angle of horizontal lifeline sag is less
than 30 degrees, the impact force imparted to the lifeline by an
attached lanyard is greatly amplified. For example, with a sag angle of
15 degrees, the force amplification is about 2:1 and at 5 degrees sag,
it is about 6:1. Depending on the angle of sag, and the line's
elasticity, the strength of the horizontal lifeline and the anchorages
to which it is attached should be increased a number of times over that
of the lanyard. Extreme care should be taken in considering a horizontal
lifeline for multiple tie-offs. The reason for this is that in multiple
tie-offs to a horizontal lifeline, if one employee falls, the movement
of the falling employee and the horizontal lifeline during arrest of the
fall may cause other employees to 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
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elongation, whereas activation of a deceleration device will result in a
certain stopping distance. These distances should be available with the
lanyard or device's instructions and must be added to the free fall
distance to arrive at the total fall distance before an employee is
fully stopped. The additional stopping distance may be very significant
if the lanyard or deceleration device is attached near or at the end of
a long lifeline, which may itself add considerable distance due to its
own elongation. As required by the standard, sufficient distance to
allow for all of these factors must also be maintained between the
employee and obstructions below, to prevent an injury due to impact
before the system fully arrests the fall. In addition, a minimum of 12
feet (3.7 m) of lifeline should be allowed below the securing point of a
rope grab type deceleration device, and the end terminated to prevent
the device from sliding off the lifeline. Alternatively, the lifeline
should extend to the ground or the next working level below. These
measures are suggested to prevent the worker from inadvertently moving
past the end of the lifeline and having the rope grab become disengaged
from the lifeline.
(m) Obstruction considerations. The location of the tie-off should
also consider the hazard of obstructions in the potential fall path of
the employee. Tie-offs which minimize the possibilities of exaggerated
swinging should be considered. In addition, when a body belt is used,
the employee's body will go through a horizontal position to a jack-
knifed position during the arrest of all falls. Thus, obstructions which
might interfere with this motion should be avoided or a severe injury
could occur.
(n) Other considerations. Because of the design of some personal
fall arrest systems, additional considerations may be required for
proper tie-off. For example, heavy deceleration devices of the self-
retracting type should be secured overhead in order to avoid the weight
of the device having to be supported by the employee. Also, if
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,
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which serves to control in some predetermined manner the apparatus to
which it is connected.
(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
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upset its normal position. Type T powered 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 166]]
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 167]]
(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 168]]
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 169]]
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 170]]
(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 171]]
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 172]]
(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 173]]
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 174]]
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 175]]
(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: Secs. 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 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 176]]
(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 177]]
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 178]]
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 179]]
(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
[[Page 180]]
Over 30 to 36............................................... 880
------------------------------------------------------------------------
(v) Grinding wheels or discs for horizontal double-spindle disc
grinders shall have a hood enclosing the grinding chamber and the hood
shall be connected to one or more branch pipes having exhaust volumes as
shown in Table 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,
[[Page 181]]
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.
(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 182]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.015
----------------------------------------------------------------------------------------------------------------
Dia D. inches Exhaust E Volume
-------------------------------------------------------------------- Exhausted
at 4,500 Note
Min. Max. No Dia. ft/min ft3/
Pipes 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 183]]
[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 184]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.017
[[Page 185]]
[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 186]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.019
[[Page 187]]
[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 188]]
[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 189]]
[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 190]]
(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 191]]
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 192]]
(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 deg. air at 70
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--
Stoddard Solvent............................... 23.2 1.0
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.
[[Page 193]]
The velocity of air through such doors, dampers, or louvers shall not
exceed 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.
(d) Open surface tanks--(1) General. (i) This paragraph applies to
all operations involving the immersion of materials in liquids, or in
the vapors of such liquids, for the purpose of cleaning or altering the
surface or adding to
[[Page 194]]
or imparting a finish thereto or changing the character of the
materials, and their subsequent removal from the liquid or vapor,
draining, and drying. These operations include washing, electroplating,
anodizing, pickling, quenching, dying, dipping, tanning, dressing,
bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting,
and other similar operations.
(ii) Except where specific construction specifications are
prescribed in this section, hoods, ducts, elbows, fans, blowers, and all
other exhaust system parts, components, and supports thereof shall be so
constructed as to meet conditions of service and to facilitate
maintenance and shall conform in construction to the specifications
contained in American National Standard Fundamentals Governing the
Design and Operation of Local Exhaust Systems, Z9.2-1960.
(2) Classification of open-surface tank operations. (i) Open-surface
tank operations shall be classified into 16 classes, numbered A-1 to D-
4, inclusive.
(ii) Determination of class. Class is determined by two factors,
hazard potential designated by a letter from A to D, inclusive, and rate
of gas, vapor, or mist evolution designated by a number from 1 to 4,
inclusive (for example, B.3).
(iii) Hazard potential is an index, on a scale of from A to D,
inclusive, of the severity of the hazard associated with the substance
contained in the tank because of the toxic, flammable, or explosive
nature of the vapor, gas, or mist produced therefrom. The toxic hazard
is determined from the concentration, measured in parts by volume of a
gas or vapor, per million parts by volume of contaminated air (p.p.m.),
or in milligrams of mist per cubic meter of air (mg./m. 3),
below which ill effects are unlikely to occur to the exposed worker. The
concentrations shall be those in Sec. 1910.1000.
(iv) The relative fire or explosion hazard is measured in degrees
Fahrenheit in terms of the closed-cup flash point of the substance in
the tank. Detailed information on the prevention of fire hazards in dip
tanks may be found in Dip Tanks Containing Flammable or Combustible
Liquids, NFPA No. 34-1966, National Fire Protection Association, which
is incorporated by reference as specified in Sec. 1910.6. Where the tank
contains a mixture of liquids, other than organic solvents, whose
effects are additive, the hygienic standard of the most toxic component
(for example, the one having the lowest p.p.m. or mg./m. 3)
shall be used, except where such substance constitutes an
insignificantly small fraction of the mixture. For mixtures of organic
solvents, their combined effect, rather than that of either
individually, shall determine the hazard potential. In the absence of
information to the contrary, the effects shall be considered as
additive. If the sum of the ratios of the airborne concentration of each
contaminant to the toxic concentration of that contaminant exceeds
unity, the toxic concentration shall be considered to have been
exceeded. (See Note A to subdivision (v) of this subparagraph.)
(v) Hazard potential shall be determined from Table G-12, with the
value indicating greater hazard being used. When the hazardous material
may be either a vapor with a threshhold limit value (TLV) in p.p.m. or a
mist with a TLV in mg./m.3, the TLV indicating the greater
hazard shall be used (for example, A takes precedence over B or C; B
over C; C over D).
Note A:
(c1TLV1)+(c2TLV2)
+(c3TLV3)+; . . .
(cNTLVN)1
where:
c=Concentration measured at the operation in p.p.m.
Table G-12--Determination of Hazard Potential
------------------------------------------------------------------------
Toxicity group
--------------------------------
Flash
Hazard potential Gas or Mist (mg./ point (in
vapor m3) degrees
(p.p.m.) F.)
------------------------------------------------------------------------
A...................................... 0-10 0-0.1 .........
B...................................... 11-100 0.11-1.0 Under 100
C...................................... 101-500 1.1-10 100-200
D...................................... Over 500 Over 10 Over 200
------------------------------------------------------------------------
(vi) Rate of gas, vapor, or mist evolution is a numerical index, on
a scale of from 1 to 4, inclusive, both of the relative capacity of the
tank to produce gas, vapor, or mist and of the
[[Page 195]]
relative energy with which it is projected or carried upwards from the
tank. Rate is evaluated in terms of
(a) The temperature of the liquid in the tank in degrees Fahrenheit;
(b) The number of degrees Fahrenheit that this temperature is below
the boiling point of the liquid in degrees Fahrenheit;
(c) The relative evaporation of the liquid in still air at room
temperature in an arbitrary scale--fast, medium, slow, or nil; and
(d) The extent that the tank gases or produces mist in an arbitrary
scale--high, medium, low, and nil. (See Table G-13, Note 2.) Gassing
depends upon electrochemical or mechanical processes, the effects of
which have to be individually evaluated for each installation (see Table
G-13, Note 3).
(vii) Rate of evolution shall be determined from Table G-13. When
evaporation and gassing yield different rates, the lowest numerical
value shall be used.
Table G-13--Determination of Rate of Gas, Vapor, or Mist Evolution \1\
----------------------------------------------------------------------------------------------------------------
Degrees
Liquid below Relative evaporation
Rate temperature, deg. boiling \2\ Gassing \3\
F. point
----------------------------------------------------------------------------------------------------------------
1.................................. Over 200 0-20 Fast.................. High.
2.................................. 150-200 21-50 Medium................ Medium.
3.................................. 94-149 51-100 Slow.................. Low.
4.................................. Under 94 Over 100 Nil................... Nil.
----------------------------------------------------------------------------------------------------------------
\1\ In certain classes of equipment, specifically vapor degreasers, an internal condenser or vapor level
thermostat is used to prevent the vapor from leaving the tank during normal operation. In such cases, rate of
vapor evolution from the tank into the workroom is not dependent upon the factors listed in the table, but
rather upon abnormalities of operating procedure, such as carryout of vapors from excessively fast action,
dragout of liquid by entrainment in parts, contamination of solvent by water and other materials, or improper
heat balance. When operating procedure is excellent, effective rate of evolution may be taken as 4. When
operating procedure is average, the effective rate of evolution may be taken as 3. When operation is poor, a
rate of 2 or 1 is indicated, depending upon observed conditions.
\2\ Relative evaporation rate is determined according to the methods described by A. K. Doolittle in Industrial
and Engineering Chemistry, vol. 27, p. 1169, (3) where time for 100-percent evaporation is as follows: Fast: 0-
3 hours; Medium: 3-12 hours; Slow: 12-50 hours; Nil: more than 50 hours.
\3\ Gassing means the formation by chemical or electrochemical action of minute bubbles of gas under the surface
of the liquid in the tank and is generally limited to aqueous solutions.
(3) Ventilation. Where ventilation is used to control potential
exposures to workers as defined in subparagraph (2)(iii) of this
paragraph, it shall be adequate to reduce the concentration of the air
contaminant to the degree that a hazard to the worker does not exist.
Methods of ventilation are discussed in American National Standard
Fundamentals Governing the Design and Operation of Local Exhaust
Systems, Z9.2-1960.
(4) Control requirements. (i) Control velocities shall conform to
Table G-14 in all cases where the flow of air past the breathing or
working zone of the operator and into the hoods is undisturbed by local
environmental conditions, such as open windows, wall fans, unit heaters,
or moving machinery.
(ii) All tanks exhausted by means of hoods which
(a) Project over the entire tank;
(b) Are fixed in position in such a location that the head of the
workman, in all his normal operating positions while working at the
tank, is in front of all hood openings; and
(c) Are completely enclosed on at least two sides, shall be
considered to be exhausted through an enclosing hood.
(d) The quantity of air in cubic feet per minute necessary to be
exhausted through an enclosing hood shall be not less than the product
of the control velocity times the net area of all openings in the
enclosure through which air can flow into the hood.
Table G-14--Control Velocities in Feet Per Minute (f.p.m.) for Undisturbed Locations
----------------------------------------------------------------------------------------------------------------
Enclosing hood Canopy hood \2\
------------------------ Lateral -----------------------
Class One open Two open exhaust \1\ Three open Four open
side sides sides sides
----------------------------------------------------------------------------------------------------------------
B-1 and A-2........................................ 100 150 150 Do not use Do not use
A-3 \2\, B-1, B-2, and C-1......................... 75 100 100 125 175
A-3, C-2, and D-1 \3\.............................. 65 90 75 100 150
B-4 \2\, C-3, and D-2 \3\.......................... 50 75 50 75 125
A-4, C-4, D-3 \3\, and D-4 \4\..................... .......... .......... ........... .......... ..........
----------------------------------------------------------------------------------------------------------------
\1\ See Table G-15 for computation of ventilation rate.
\2\ Do not use canopy hood for Hazard Potential A processes.
[[Page 196]]
\3\ Where complete control of hot water is desired, design as next highest class.
\4\ General room ventilation required.
(iii) All tanks exhausted by means of hoods which do not project
over the entire tank, and in which the direction of air movement into
the hood or hoods is substantially horizontal, shall be considered to be
laterally exhausted. The quantity of air in cubic feet per minute
necessary to be laterally exhausted per square foot of tank area in
order to maintain the required control velocity shall be determined from
Table G-15 for all variations in ratio of tank width (W) to tank length
(L). The total quantity of air in cubic feet per minute required to be
exhausted per tank shall be not less than the product of the area of
tank surface times the cubic feet per minute per square foot of tank
area, determined from Table G-15.
(a) For lateral exhaust hoods over 42 inches wide, or where it is
desirable to reduce the amount of air removed from the workroom, air
supply slots or orifices shall be provided along the side or the center
of the tank opposite from the exhaust slots. The design of such systems
shall meet the following criteria:
(1) The supply air volume plus the entrained air shall not exceed 50
percent of the exhaust volume.
(2) The velocity of the supply airstream as it reaches the effective
control area of the exhaust slot shall be less than the effective
velocity over the exhaust slot area.
Table G-15--Minimum Ventilation Rate in Cubic Feet of Air Per Minute Per Square Foot of Tank Area for Lateral
Exhaust
----------------------------------------------------------------------------------------------------------------
C.f.m. per sq. ft. to maintain required minimum velocities
at following ratios (tank width (W)/tank length (L)).\1\,
Required minimum control velocity, f.p.m. (from \2\
Table G-14) -----------------------------------------------------------
0.0-0.09 0.1-0.24 0.25-0.49 0.5-0.99 1.0-2.0
----------------------------------------------------------------------------------------------------------------
Hood along one side or two parallel sides of tank when one hood is against a wall or baffle.\2\
Also for a manifold along tank centerline.\3\
----------------------------------------------------------------------------------------------------------------
50.................................................. 50 60 75 90 100
75.................................................. 75 90 110 130 150
100................................................. 100 125 150 175 200
150................................................. 150 190 225 260 300
----------------------------------------------------------------------------------------------------------------
Hood along one side or two parallel sides of free standing tank not against wall or baffle.
----------------------------------------------------------------------------------------------------------------
50.................................................. 75 90 100 110 125
75.................................................. 110 130 150 170 190
100................................................. 150 175 200 225 250
150................................................. 225 260 300 340 375
----------------------------------------------------------------------------------------------------------------
\1\ It is not practicable to ventilate across the long dimension of a tank whose ratio W/L exceeds 2.0.
It is undesirable to do so when W/L exceeds 1.0. For circular tanks with lateral exhaust along up to 1/2 the
circumference, use W/L=1.0; for over one-half the circumference use W/L=0.5.
\2\ Baffle is a vertical plate the same length as the tank, and with the top of the plate as high as the tank is
wide. If he exhaust hood is on the side of a tank against a building wall or close to it, it is perfectly
baffled.
\3\ Use W/2 as tank width in computing when manifold is along centerline, or when hoods are used on two parallel
sides of a tank.
Tank Width (W) means the effective width over which the hood must pull air to operate (for example, where the
hood face is set back from the edge of the tank, this set back must be added in measuring tank width). The
surface area of tanks can frequently be reduced and better control obtained (particularly on conveyorized
systems) by using covers extending from the upper edges of the slots toward the center of the tank.
(3) The vertical height of the receiving exhaust hood, including any
baffle, shall not be less than one-quarter the width of the tank.
(4) The supply airstream shall not be allowed to impinge on
obstructions between it and the exhaust slot in such a manner as to
significantly interfere with the performance of the exhaust hood.
(5) Since most failure of push-pull systems result from excessive
supply air volumes and pressures, methods of measuring and adjusting the
supply air shall be provided. When satisfactory
[[Page 197]]
control has been achieved, the adjustable features of the hood shall be
fixed so that they will not be altered.
(iv) All tanks exhausted by means of hoods which project over the
entire tank, and which do not conform to the definition of enclosing
hoods, shall be considered to be overhead canopy hoods. The quantity of
air in cubic feet per minute necessary to be exhausted through a canopy
hood shall be not less than the product of the control velocity times
the net area of all openings between the bottom edges of the hood and
the top edges of the tank.
(v) The rate of vapor evolution (including steam or products of
combustion) from the process shall be estimated. If the rate of vapor
evolution is equal to or greater than 10 percent of the calculated
exhaust volume required, the exhaust volume shall be increased in equal
amount.
(5) Spray cleaning and degreasing. Wherever spraying or other
mechanical means are used to disperse a liquid above an open-surface
tank, control must be provided for the airborne spray. Such operations
shall be enclosed as completely as possible. The inward air velocity
into the enclosure shall be sufficient to prevent the discharge of spray
into the workroom. Mechanical baffles may be used to help prevent the
discharge of spray. Spray painting operations are covered by paragraph
(c) of this section.
(6) Control means other than ventilation. Tank covers, foams, beads,
chips, or other materials floating on the tank surface so as to confine
gases, mists, or vapors to the area under the cover or to the foam,
bead, or chip layer; or surface tension depressive agents added to the
liquid in the tank to minimize mist formation, or any combination
thereof, may all be used as gas, mist, or vapor control means for open-
surface tank operations, provided that they effectively reduce the
concentrations of hazardous materials in the vicinity of the worker
below the limits set in accordance with subparagraph (2) of this
paragraph.
(7) System design. (i) The equipment for exhausting air shall have
sufficient capacity to produce the flow of air required in each of the
hoods and openings of the system.
(ii) The capacity required in subdivision (i) of this subparagraph
shall be obtained when the airflow producing equipment is operating
against the following pressure losses, the sum of which is the static
pressure:
(a) Entrance losses into the hood.
(b) Resistance to airflow in branch pipe including bends and
transformations.
(c) Entrance loss into the main pipe.
(d) Resistance to airflow in main pipe including bends and
transformations.
(e) Resistance of mechanical equipment; that is, filters, washers,
condensers, absorbers, etc., plus their entrance and exit losses.
(f) Resistance in outlet duct and discharge stack.
(iii) Two or more operations shall not be connected to the same
exhaust system where either one or the combination of the substances
removed may constitute a fire, explosion, or chemical reaction hazard in
the duct system. Traps or other devices shall be provided to insure that
condensate in ducts does not drain back into any tank.
(iv) The exhaust system, consisting of hoods, ducts, air mover, and
discharge outlet, shall be designed in accordance with American National
Standard Fundamentals Governing the Design and Operation of Local
Exhaust Systems, Z9.2-1960, or the manual, Industrial Ventilation,
published by the American Conference of Governmental Industrial
Hygienists 1970, which is incorporated by reference as specified in
Sec. 1910.6. Airflow and pressure loss data provided by the manufacturer
of any air cleaning device shall be included in the design calculations.
(8) Operation. (i) The required airflow shall be maintained at all
times during which gas, mist, or vapor is emitted from the tank, and at
all times the tank, the draining, or the drying area is in operation or
use. When the system is first installed, the airflow from each hood
shall be measured by means of a pitot traverse in the exhaust duct and
corrective action taken if the flow is less than that required. When the
proper flow is obtained, the hood static pressure shall be measured and
recorded. At intervals of not more than 3 months operation, or after a
prolonged
[[Page 198]]
shutdown period, the hoods and duct system shall be inspected for
evidence of corrosion or damage. In any case where the airflow is found
to be less than required, it shall be increased to the required value.
(Information on airflow and static pressure measurement and calculations
may be found in American National Standard Fundamental Governing the
Design and Operation of Local Exhaust Systems, Z9.2-1960, or in the
manual, Industrial Ventilation, published by the American Conference of
Governmental Industrial Hygienists.)
(ii) The exhaust system shall discharge to the outer air in such a
manner that the possibility of its effluent entering any building is at
a minimum. Recirculation shall only be through a device for contaminant
removal which will prevent the creation of a health hazard in the room
or area to which the air is recirculated.
(iii) A volume of outside air in the range of 90 percent to 110
percent of the exhaust volume shall be provided to each room having
exhaust hoods. The outside air supply shall enter the workroom in such a
manner as not to be detrimental to any exhaust hood. The airflow of the
makeup air system shall be measured on installation. Corrective action
shall be taken when the airflow is below that required. The makeup air
shall be uncontaminated.
(9) Personal protection. (i) All employees working in and around
open-surface tank operations must be instructed as to the hazards of
their respective jobs, and in the personal protection and first aid
procedures applicable to these hazards.
(ii) All persons required to work in such a manner that their feet
may become wet shall be provided with rubber or other impervious boots
or shoes, rubbers, or wooden-soled shoes sufficient to keep feet dry.
(iii) All persons required to handle work wet with a liquid other
than water shall be provided with gloves impervious to such a liquid and
of a length sufficient to prevent entrance of liquid into the tops of
the gloves. The interior of gloves shall be kept free from corrosive or
irritating contaminants.
(iv) All persons required to work in such a manner that their
clothing may become wet shall be provided with such aprons, coats,
jackets, sleeves, or other garments made of rubber, or of other
materials impervious to liquids other than water, as are required to
keep their clothing dry. Aprons shall extend well below the top of boots
to prevent liquid splashing into the boots. Provision of dry, clean,
cotton clothing along with rubber shoes or short boots and an apron
impervious to liquids other than water shall be considered a
satisfactory substitute where small parts are cleaned, plated, or acid
dipped in open tanks and rapid work is required.
(v) Whenever there is a danger of splashing, for example, when
additions are made manually to the tanks, or when acids and chemicals
are removed from the tanks, the employees so engaged shall be required
to wear either tight-fitting chemical goggles or an effective face
shield. See Sec. 1910.133.
(vi) During the emergencies specified in paragraph (d)(11)(v) of
this section, if employees must be in areas where the concentrations of
air contaminants are greater than the limits set by paragraph
(d)(2)(iii) of this section or the oxygen concentration is less than
19.5 percent, they must use respirators that reduce their exposure to a
level below these limits or that provide adequate oxygen. Such
respirators must also be provided in marked, quickly-accessible storage
compartments built for this purpose when the possibility exists that
hazardous concentrations of air contaminants could be released
accidentally. The respirators must be approved by the NIOSH under 42 CFR
part 84, selected by a competent industrial hygienist or other
technically-qualified source, and used in accordance with 29 CFR
1910.134.
(vii) Near each tank containing a liquid which may burn, irritate,
or otherwise be harmful to the skin if splashed upon the worker's body,
there shall be a supply of clean cold water. The water pipe (carrying a
pressure not exceeding 25 pounds) shall be provided with a quick opening
valve and at least 48 inches of hose not smaller than three-fourths
inch, so that no time may be lost in washing off liquids from the
[[Page 199]]
skin or clothing. Alternatively, deluge showers and eye flushes shall be
provided in cases where harmful chemicals may be splashed on parts of
the body.
(viii) Operators with sores, burns, or other skin lesions requiring
medical treatment shall not be allowed to work at their regular
operations until so authorized by a physician. Any small skin abrasions,
cuts, rash, or open sores which are found or reported shall be treated
by a properly designated person so that chances of exposures to the
chemicals are removed. Workers exposed to chromic acids shall have a
periodic examination made of the nostrils and other parts of the body,
to detect incipient ulceration.
(ix) Sufficient washing facilities, including soap, individual
towels, and hot water, shall be provided for all persons required to use
or handle any liquids which may burn, irritate, or otherwise be harmful
to the skin, on the basis of at least one basin (or its equivalent) with
a hot water faucet for every 10 employees. See Sec. 1910.141(d).
(x) Locker space or equivalent clothing storage facilities shall be
provided to prevent contamination of street clothing.
(xi) First aid facilities specific to the hazards of the operations
conducted shall be readily available.
(10) Special precautions for cyanide. Dikes or other arrangements
shall be provided to prevent the possibility of intermixing of cyanide
and acid in the event of tank rupture.
(11) Inspection, maintenance, and installation. (i) Floors and
platforms around tanks shall be prevented from becoming slippery both by
original type of construction and by frequent flushing. They shall be
firm, sound, and of the design and construction to minimize the
possibility of tripping.
(ii) Before cleaning the interior of any tank, the contents shall be
drained off, and the cleanout doors shall be opened where provided. All
pockets in tanks or pits, where it is possible for hazardous vapors to
collect, shall be ventilated and cleared of such vapors.
(iii) Tanks which have been drained to permit employees to enter for
the purposes of cleaning, inspection, or maintenance may contain
atmospheres which are hazardous to life or health, through the presence
of flammable or toxic air contaminants, or through the absence of
sufficient oxygen. Before employees shall be permitted to enter any such
tank, appropriate tests of the atmosphere shall be made to determine if
the limits set by paragraph (d)(2)(iii) of this section are exceeded, or
if the oxygen concentration is less than 19.5 percent.
(iv) If the tests made in accordance with paragraph(d)(11)(iii) of
this section indicate that the atmosphere in the tank is unsafe, before
any employee is permitted to enter the tank, the tank shall be
ventilated until the hazardous atmosphere is removed, and ventilation
shall be continued so as to prevent the occurrence of a hazardous
atmosphere as long as an employee is in the tank.
(v) If, in emergencies, such as rescue work, it is necessary to
enter a tank which may contain a hazardous atmosphere, suitable
respirators, such as self-contained breathing apparatus; hose mask with
blower, if there is a possibility of oxygen deficiency; or a gas mask,
selected and operated in accordance with paragraph (d)(9)(vi) of this
section, shall be used. If a contaminant in the tank can cause
dermatitis, or be absorbed through the skin, the employee entering the
tank shall also wear protective clothing. At least one trained standby
employee, with suitable respirator, shall be present in the nearest
uncontaminated area. The standby employee must be able to communicate
with the employee in the tank and be able to haul him out of the tank
with a lifeline if necessary.
(vi) Maintenance work requiring welding or open flame, where toxic
metal fumes such as cadmium, chromium, or lead may be evolved, shall be
done only with sufficient local exhaust ventilation to prevent the
creation of a health hazard, or be done with respirators selected and
used in accordance with paragraph (d)(9)(vi) of this section. Welding,
or the use of open flames near any solvent cleaning equipment shall be
permitted only after such equipment has first been thoroughly cleared of
solvents and vapors.
[[Page 200]]
(12) Vapor degreasing tanks. (i) In any vapor degreasing tank
equipped with a condenser or vapor level thermostat, the condenser or
thermostat shall keep the level of vapors below the top edge of the tank
by a distance at least equal to one-half the tank width, or at least 36
inches, whichever is shorter.
(ii) Where gas is used as a fuel for heating vapor degreasing tanks,
the combustion chamber shall be of tight construction, except for such
openings as the exhaust flue, and those that are necessary for supplying
air for combustion. Flues shall be of corrosion-resistant construction
and shall extend to the outer air. If mechanical exhaust is used on this
flue, a draft diverter shall be used. Special precautions must be taken
to prevent solvent fumes from entering the combustion air of this or any
other heater when chlorinated or fluorinated hydrocarbon solvents (for
example, trichloroethylene, Freon) are used.
(iii) Heating elements shall be so designed and maintained that
their surface temperature will not cause the solvent or mixture to
decompose, break down, or be converted into an excessive quantity of
vapor.
(iv) Tanks or machines of more than 4 square feet of vapor area,
used for solvent cleaning or vapor degreasing, shall be equipped with
suitable cleanout or sludge doors located near the bottom of each tank
or still. These doors shall be so designed and gasketed that there will
be no leakage of solvent when they are closed.
(13) Scope. (i) This paragraph (d) applies to all operations
involving the immersion of materials in liquids, or in the vapors of
such liquids, for the purpose of cleaning or altering their surfaces, or
adding or imparting a finish thereto, or changing the character of the
materials, and their subsequent removal from the liquids or vapors,
draining, and drying. Such operations include washing, electroplating,
anodizing, pickling, quenching, dyeing, dipping, tanning, dressing,
bleaching, degreasing, alkaline cleaning, stripping, rinsing, digesting,
and other similar operations, but do not include molten materials
handling operations, or surface coating operations.
(ii) Molten materials handling operations means all operations,
other than welding, burning, and soldering operations, involving the
use, melting, smelting, or pouring of metals, alloys, salts, or other
similar substances in the molten state. Such operations also include
heat treating baths, descaling baths, die casting stereotyping,
galvanizing, tinning, and similar operations.
(iii) Surface coating operations means all operations involving the
application of protective, decorative, adhesive, or strengthening
coating or impregnation to one or more surfaces, or into the interstices
of any object or material, by means of spraying, spreading, flowing,
brushing, roll coating, pouring, cementing, or similar means; and any
subsequent draining or drying operations, excluding open-tank
operations.
[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]
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:
[[Page 201]]
[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 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.
[[Page 202]]
(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) 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.
[[Page 203]]
(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 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.
[[Page 204]]
(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;
(ii) The purpose of hearing protectors, the advantages,
disadvantages, and attenuation of various types, and instructions on
selection, fitting, use, and care; and
[[Page 205]]
(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 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.
[[Page 206]]
Table G-16 a
------------------------------------------------------------------------
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
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
101.......................................................... 90.1
102.......................................................... 90.1
103.......................................................... 90.2
104.......................................................... 90.3
105.......................................................... 90.4
106.......................................................... 90.4
107.......................................................... 90.5
[[Page 207]]
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 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
[[Page 208]]
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 (plus-minus 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 plus-minus 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 209]]
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 plus-minus 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 210]]
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 211]]
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,
[[Page 212]]
and the instrument is usually held by an individual who follows the
employee as he or she moves about.
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
[[Page 213]]
individual's hearing threshold levels as a function of frequency.
Audiologist--A professional, specializing in the study and
rehabilitation of hearing, 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.
[[Page 214]]
(ii) American National Standard Safety Color Code for Marking
Physical Hazards and the Identification of Certain Equipment, Z53.1-
1953, which is 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.
[[Page 215]]
[GRAPHIC] [TIFF OMITTED] TC27OC91.024
Figure G-11 Radio-Frequency Radiation Hazard Warning Symbol
(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]
[[Page 216]]
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 Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 6-96
(62 FR 111), as applicable, and 29 CFR part 1911.
Sec. 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 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]
[[Page 217]]
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.''
(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
[[Page 218]]
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.
(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
[[Page 219]]
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 25............................... 25 25
timber or coal.
10. Open flames and other sources of 25............................... 25 25
ignition.
11. Air compressor intakes or inlets to 50............................... 50 50
ventilating or air-conditioning
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 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
[[Page 220]]
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.
(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
[[Page 221]]
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.
(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
[[Page 222]]
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.
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.
[[Page 223]]
(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
\3\...................................... 5 5 5
2. Noncombustible building \3\............ 25 50 75
3. Other buildings \3\.................... 50 75 100
4. Wall openings, air-compressor intakes,
inlets for air-conditioning or
ventilating equipment.................... 75 75 75
5. Flammable liquids (above ground and
vent or fill openings if below ground)
(see 513 and 514)........................ 50 75 100
6. Between stationary liquefied hydrogen
containers............................... 5 5 5
7. Flammable gas storage.................. 50 75 100
8. Liquid oxygen storage and other
oxidizers (see 513 and 514).............. 100 100 100
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.
(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
[[Page 224]]
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 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
[[Page 225]]
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.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
[[Page 226]]
(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 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
[[Page 227]]
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 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
[[Page 228]]
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 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,
[[Page 229]]
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. 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 state or as commercially produced or transported will vigorously
polymerize, decompose, condense, or will become self-reactive under
conditions of shocks, pressure, or temperature.
(21) Low-pressure tank shall mean a storage tank which has been
designed to operate at pressures above 0.5 p.s.i.g. but not more than 15
p.s.i.g.
(22) Marine service station shall mean that portion of a property
where flammable or combustible liquids used as fuels are stored and
dispensed from fixed equipment on shore, piers, wharves, or floating
docks into the fuel tanks of self-propelled craft, and shall include all
facilities used in connection therewith.
(23) Mercantile occupancy shall mean the occupancy or use of a
building or
[[Page 230]]
structure or any portion thereof for the displaying, selling, or buying
of goods, wares, or merchandise.
(24) Office occupancy shall mean the occupancy or use of a building
or structure or any portion thereof for the transaction of business, or
the rendering or receiving of professional services.
(25) Portable tank shall mean a closed container having a liquid
capacity over 60 U.S. gallons and not intended for fixed installation.
(26) Pressure vessel shall mean a storage tank or vessel which has
been designed to operate at pressures above 15 p.s.i.g.
(27) Protection for exposure shall mean adequate fire protection for
structures on property adjacent to tanks, where there are employees of
the establishment.
(28) Refinery shall mean a plant in which flammable or combustible
liquids are produced on a commercial scale from crude petroleum, natural
gasoline, or other hydrocarbon sources.
(29) Safety can shall mean an approved container, of not more than 5
gallons capacity, having a spring-closing lid and spout cover and so
designed that it will safely relieve internal pressure when subjected to
fire exposure.
(30) Vapor pressure shall mean the pressure, measured in pounds per
square inch (absolute) exerted by a volatile liquid as determined by the
``Standard Method of Test for Vapor Pressure of Petroleum Products (Reid
Method),'' American Society for Testing and Materials ASTM D323-68,
which is incorporated by reference as specified in Sec. 1910.6.
(31) Ventilation as specified in this section is for the prevention
of fire and explosion. It is considered adequate if it is sufficient to
prevent accumulation of significant quantities of vapor-air mixtures in
concentration over one-fourth of the lower flammable limit.
(32) Storage: Flammable or combustible liquids shall be stored in a
tank or in a container that complies with paragraph (d)(2) of this
section.
(33) Barrel shall mean a volume of 42 U.S. gallons.
(34) Container shall mean any can, barrel, or drum.
(35) Approved unless otherwise indicated, approved, or listed by a
nationally recognized testing laboratory. Refer to Sec. 1910.7 for
definition of nationally recognized testing laboratory.
(36) Listed see ``approved'' in Sec. 1910.106(a)(35).
(37) SUS means Saybolt Universal Seconds as determined by the
Standard Method of Test for Saybolt Viscosity (ASTM D-88-56), and may be
determined by use of the SUS conversion tables specified in ASTM Method
D2161-66 following determination of viscosity in accordance with the
procedures specified in the Standard Method of Test for Viscosity of
Transparent and Opaque Liquids (ASTM D445-65).
(38) Viscous means a viscosity of 45 SUS or more.
(b) Tank storage--(1) Design and construction of tanks--(i)
Materials. (a) Tanks shall be built of steel except as provided in
paragraphs (b)(1)(i) (b) through (e) of this section.
(b) Tanks may be built of materials other than steel for
installation underground or if required by the properties of the liquid
stored. Tanks located above ground or inside buildings shall be of
noncombustible construction.
(c) Tanks built of materials other than steel shall be designed to
specifications embodying principles recognized as good engineering
design for the material used.
(d) Unlined concrete tanks may be used for storing flammable or
combustible liquids having a gravity of 40 deg. API or heavier. Concrete
tanks with special lining may be used for other services provided the
design is in accordance with sound engineering practice.
(e) [Reserved]
(f) Special engineering consideration shall be required if the
specific gravity of the liquid to be stored exceeds that of water or if
the tanks are designed to contain flammable or combustible liquids at a
liquid temperature below 0 deg.F.
(ii) Fabrication. (a) [Reserved]
(b) Metal tanks shall be welded, riveted, and caulked, brazed, or
bolted, or constructed by use of a combination of these methods. Filler
metal used in brazing shall be nonferrous metal or an alloy having a
melting point above 1000 deg. F. and below that of the metal joined.
[[Page 231]]
(iii) Atmospheric tanks. (a) Atmospheric tanks shall be built in
accordance with acceptable good standards of design. Atmospheric tanks
may be built in accordance with the following consensus standards that
are incorporated by reference as specified in Sec. 1910.6:
(1) Underwriters' Laboratories, Inc., Subjects No. 142, Standard for
Steel Aboveground Tanks for Flammable and Combustible Liquids, 1968; No.
58, Standard for Steel Underground Tanks for Flammable and Combustible
Liquids, Fifth Edition, December 1961; or No. 80, Standard for Steel
Inside Tanks for Oil-Burner Fuel, September 1963.
(2) American Petroleum Institute Standards No. 12A, Specification
for Oil Storage Tanks with Riveted Shells, Seventh Edition, September
1951, or No. 650, Welded Steel Tanks for Oil Storage, Third Edition,
1966.
(3) American Petroleum Institute Standards No. 12B, Specification
for Bolted Production Tanks, Eleventh Edition, May 1958, and Supplement
1, March 1962; No. 12D, Specification for Large Welded Production Tanks,
Seventh Edition, August 1957; or No. 12F, Specification for Small Welded
Production Tanks, Fifth Edition, March 1961. Tanks built in accordance
with these standards shall be used only as production tanks for storage
of crude petroleum in oil-producing areas.
(b) Tanks designed for underground service not exceeding 2,500
gallons capacity may be used aboveground.
(c) Low-pressure tanks and pressure vessels may be used as
atmospheric tanks.
(d) Atmospheric tanks shall not be used for the storage of a
flammable or combustible liquid at a temperature at or above its boiling
point.
(iv) Low pressure tanks. (a) The normal operating pressure of the
tank shall not exceed the design pressure of the tank.
(b) Low-pressure tanks shall be built in accordance with acceptable
standards of design. Low-pressure tanks may be built in accordance with
the following consensus standards that are incorporated by reference as
specified in Sec. 1910.6:
(1) American Petroleum Institute Standard No. 620. Recommended Rules
for the Design and Construction of Large, Welded, Low-Pressure Storage
Tanks, Third Edition, 1966.
(2) The principles of the Code for Unfired Pressure Vessels, Section
VIII of the ASME Boiler and Pressure Vessels Code, 1968.
(c) Atmospheric tanks built according to Underwriters' Laboratories,
Inc., requirements in subdivision (iii)(a) of and shall be limited to
2.5 p.s.i.g. under emergency venting conditions.
This paragraph may be used for operating pressures not exceeding 1
p.s.i.g.
(d) Pressure vessels may be used as low-pressure tanks.
(v) Pressure vessels. (a) The normal operating pressure of the
vessel shall not exceed the design pressure of the vessel.
(b) Pressure vessels shall be built in accordance with the Code for
Unfired Pressure Vessels, Section VIII of the ASME Boiler and Pressure
Vessel Code 1968.
(vi) Provisions for internal corrosion. When tanks are not designed
in accordance with the American Petroleum Institute, American Society of
Mechanical Engineers, or the Underwriters' Laboratories, Inc.'s,
standards, or if corrosion is anticipated beyond that provided for in
the design formulas used, additional metal thickness or suitable
protective coatings or linings shall be provided to compensate for the
corrosion loss expected during the design life of the tank.
(2) Installation of outside aboveground tanks.
(i) [Reserved]
(ii) Spacing (shell-to-shell) between aboveground tanks. (a) The
distance between any two flammable or combustible liquid storage tanks
shall not be less than 3 feet.
(b) Except as provided in paragraph (b)(2)(ii)(c) of this section,
the distance between any two adjacent tanks shall not be less than one-
sixth the sum of their diameters. When the diameter of one tank is less
than one-half the diameter of the adjacent tank, the distance between
the two tanks shall not be less than one-half the diameter of the
smaller tank.
(c) Where crude petroleum in conjunction with production facilities
are located in noncongested areas and have
[[Page 232]]
capacities not exceeding 126,000 gallons (3,000 barrels), the distance
between such tanks shall not be less than 3 feet.
(d) Where unstable flammable or combustible liquids are stored, the
distance between such tanks shall not be less than one-half the sum of
their diameters.
(e) When tanks are compacted in three or more rows or in an
irregular pattern, greater spacing or other means shall be provided so
that inside tanks are accessible for firefighting purposes.
(f) The minimum separation between a liquefied petroleum gas
container and a flammable or combustible liquid storage tank shall be 20
feet, except in the case of flammable or combustible liquid tanks
operating at pressures exceeding 2.5 p.s.i.g. or equipped with emergency
venting which will permit pressures to exceed 2.5 p.s.i.g. in which case
the provisions of subdivisions (a) and (b) of this subdivision shall
apply. Suitable means shall be taken to prevent the accumulation of
flammable or combustible liquids under adjacent liquefied petroleum gas
containers such as by diversion curbs or grading. When flammable or
combustible liquid storage tanks are within a diked area, the liquefied
petroleum gas containers shall be outside the diked area and at least 10
feet away from the centerline of the wall of the diked area. The
foregoing provisions shall not apply when liquefied petroleum gas
containers of 125 gallons or less capacity are installed adjacent to
fuel oil supply tanks of 550 gallons or less capacity.
(iii) [Reserved]
(iv) Normal venting for aboveground tanks. (a) Atmospheric storage
tanks shall be adequately vented to prevent the development of vacuum or
pressure sufficient to distort the roof of a cone roof tank or exceeding
the design pressure in the case of other atmospheric tanks, as a result
of filling or emptying, and atmospheric temperature changes.
(b) Normal vents shall be sized either in accordance with: (1) The
American Petroleum Institute Standard 2000 (1968), Venting Atmospheric
and Low-Pressure Storage Tanks, which is incorporated by reference as
specified in Sec. 1910.6; or (2) other accepted standard; or (3) shall
be at least as large as the filling or withdrawal connection, whichever
is larger but in no case less than 1\1/4\ inch nominal inside diameter.
(c) Low-pressure tanks and pressure vessels shall be adequately
vented to prevent development of pressure or vacuum, as a result of
filling or emptying and atmospheric temperature changes, from exceeding
the design pressure of the tank or vessel. Protection shall also be
provided to prevent overpressure from any pump discharging into the tank
or vessel when the pump discharge pressure can exceed the design
pressure of the tank or vessel.
(d) If any tank or pressure vessel has more than one fill or
withdrawal connection and simultaneous filling or withdrawal can be
made, the vent size shall be based on the maximum anticipated
simultaneous flow.
(e) Unless the vent is designed to limit the internal pressure 2.5
p.s.i. or less, the outlet of vents and vent drains shall be arranged to
discharge in such a manner as to prevent localized overheating of any
part of the tank in the event vapors from such vents are ignited.
(f) Tanks and pressure vessels storing Class IA liquids shall be
equipped with venting devices which shall be normally closed except when
venting to pressure or vacuum conditions. Tanks and pressure vessels
storing Class IB and IC liquids shall be equipped with venting devices
which shall be normally closed except when venting under pressure or
vacuum conditions, or with approved flame arresters.
Exemption: Tanks of 3,000 bbls. capacity or less containing crude
petroleum in crude-producing areas; and, outside aboveground atmospheric
tanks under 1,000 gallons capacity containing other than Class IA
flammable liquids may have open vents. (See subdivision (vi)(b) of this
subparagraph.)
(g) Flame arresters or venting devices required in subdivision (f)
of this subdivision may be omitted for Class IB and IC liquids where
conditions are such that their use may, in case of obstruction, result
in tank damage.
(v) Emergency relief venting for fire exposure for aboveground
tanks. (a) Every aboveground storage tank shall have
[[Page 233]]
some form of construction or device that will relieve excessive internal
pressure caused by exposure fires.
(b) In a vertical tank the construction referred to in subdivision
(a) of this subdivision may take the form of a floating roof, lifter
roof, a weak roof-to-shell seam, or other approved pressure relieving
construction. The weak roof-to-shell seam shall be constructed to fail
preferential to any other seam.
(c) Where entire dependence for emergency relief is placed upon
pressure relieving devices, the total venting capacity of both normal
and emergency vents shall be enough to prevent rupture of the shell or
bottom of the tank if vertical, or of the shell or heads if horizontal.
If unstable liquids are stored, the effects of heat or gas resulting
from polymerization, decomposition, condensation, or self-reactivity
shall be taken into account. The total capacity of both normal and
emergency venting devices shall be not less than that derived from Table
H-10 except as provided in subdivision (e) or (f) of this subdivision.
Such device may be a self-closing manhole cover, or one using long bolts
that permit the cover to lift under internal pressure, or an additional
or larger relief valve or valves. The wetted area of the tank shall be
calculated on the basis of 55 percent of the total exposed area of a
sphere or spheroid, 75 percent of the total exposed area of a horizontal
tank and the first 30 feet above grade of the exposed shell area of a
vertical tank.
Table H-10--Wetted Area Versus Cubic Feet Free Air Per Hour
[14.7 psia and 60 deg. F.]
------------------------------------------------------------------------
Square Square
Square feet CFH feet CFH feet CFH
------------------------------------------------------------------------
20......... 21,100 200 211,000 1,000 524,000
30......... 31,600 250 239,000 1,200 557,000
40......... 42,100 300 265,000 1,400 587,000
50......... 52,700 350 288,000 1,600 614,000
60......... 63,200 400 312,000 1,800 639,000
70......... 73,700 500 354,000 2,000 662,000
80......... 84,200 600 392,000 2,400 704,000
90......... 94,800 700 428,000 2,800 742,000
100........ 105,000 800 462,000 and
120........ 126,000 900 493,000 5over
140........ 147,000 1,000 524,000
160........ 168,000
180........ 190,000
200........ 211,000
------------------------------------------------------------------------
(d) For tanks and storage vessels designed for pressure over 1
p.s.i.g., the total rate of venting shall be determined in accordance
with Table H-10, except that when the exposed wetted area of the surface
is greater than 2,800 square feet, the total rate of venting shall be
calculated by the following formula:
CFH=1,107A 0.82
Where;
CFH=Venting requirement, in cubic feet of free air per hour.
A=Exposed wetted surface, in square feet.
Note: The foregoing formula is based on Q=21,000A 0.82.
(e) The total emergency relief venting capacity for any specific
stable liquid may be determined by the following formula:
V=1337LM
V=Cubic feet of free air per hour from Table H-10.
L=Latent heat of vaporization of specific liquid in B.t.u. per pound.
M=Molecular weight of specific liquids.
(f) The required airflow rate of subdivision (c) or (e) of this
subdivision may be multiplied by the appropriate factor listed in the
following schedule when protection is provided as indicated. Only one
factor may be used for any one tank.
0.5 for drainage in accordance with subdivision (vii)(b) of this
subparagraph for tanks over 200 square feet of wetted area.
0.3 for approved water spray.
[[Page 234]]
0.3 for approved insulation.
0.15 for approved water spray with approved insulation.
(g) The outlet of all vents and vent drains on tanks equipped with
emergency venting to permit pressures exceeding 2.5 p.s.i.g. shall be
arranged to discharge in such a way as to prevent localized overheating
of any part of the tank, in the event vapors from such vents are
ignited.
(h) Each commercial tank venting device shall have stamped on it the
opening pressure, the pressure at which the valve reaches the full open
position, and the flow capacity at the latter pressure, expressed in
cubic feet per hour of air at 60 deg. F. and at a pressure of 14.7
p.s.i.a.
(i) The flow capacity of tank venting devices 12 inches and smaller
in nominal pipe size shall be determined by actual test of each type and
size of vent. These flow tests may be conducted by the manufacturer if
certified by a qualified impartial observer, or may be conducted by an
outside agency. The flow capacity of tank venting devices larger than 12
inches nominal pipe size, including manhole covers with long bolts or
equivalent, may be calculated provided that the opening pressure is
actually measured, the rating pressure and corresponding free orifice
area are stated, the word ``calculated'' appears on the nameplate, and
the computation is based on a flow coefficient of 0.5 applied to the
rated orifice area.
(vi) Vent piping for aboveground tanks. (a) Vent piping shall be
constructed in accordance with paragraph (c) of this section.
(b) Where vent pipe outlets for tanks storing Class I liquids are
adjacent to buildings or public ways, they shall be located so that the
vapors are released at a safe point outside of buildings and not less
than 12 feet above the adjacent ground level. In order to aid their
dispersion, vapors shall be discharged upward or horizontally away from
closely adjacent walls. Vent outlets shall be located so that flammable
vapors will not be trapped by eaves or other obstructions and shall be
at least five feet from building openings.
(c) When tank vent piping is manifolded, pipe sizes shall be such as
to discharge, within the pressure limitations of the system, the vapors
they may be required to handle when manifolded tanks are subject to the
same fire exposure.
(vii) Drainage, dikes, and walls for aboveground tanks--(a) Drainage
and diked areas. The area surrounding a tank or a group of tanks shall
be provided with drainage as in subdivision (b) of this subdivision, or
shall be diked as provided in subdivision (c) of this subdivision, to
prevent accidental discharge of liquid from endangering adjoining
property or reaching waterways.
(b) Drainage. Where protection of adjoining property or waterways is
by means of a natural or manmade drainage system, such systems shall
comply with the following:
(1) [Reserved]
(2) The drainage system shall terminate in vacant land or other area
or in an impounding basin having a capacity not smaller than that of the
largest tank served. This termination area and the route of the drainage
system shall be so located that, if the flammable or combustible liquids
in the drainage system are ignited, the fire will not seriously expose
tanks or adjoining property.
(c) Diked areas. Where protection of adjoining property or waterways
is accomplished by retaining the liquid around the tank by means of a
dike, the volume of the diked area shall comply with the following
requirements:
(1) Except as provided in subdivision (2) of this subdivision, the
volumetric capacity of the diked area shall not be less than the
greatest amount of liquid that can be released from the largest tank
within the diked area, assuming a full tank. The capacity of the diked
area enclosing more than one tank shall be calculated by deducting the
volume of the tanks other than the largest tank below the height of the
dike.
(2) For a tank or group of tanks with fixed roofs containing crude
petroleum with boilover characteristics, the volumetric capacity of the
diked area shall be not less than the capacity of the largest tank
served by the enclosure, assuming a full tank. The capacity of the diked
enclosure shall be calculated
[[Page 235]]
by deducting the volume below the height of the dike of all tanks within
the enclosure.
(3) Walls of the diked area shall be of earth, steel, concrete or
solid masonry designed to be liquidtight and to withstand a full
hydrostatic head. Earthen walls 3 feet or more in height shall have a
flat section at the top not less than 2 feet wide. The slope of an
earthen wall shall be consistent with the angle of repose of the
material of which the wall is constructed.
(4) The walls of the diked area shall be restricted to an average
height of 6 feet above interior grade.
(5) [Reserved]
(6) No loose combustible material, empty or full drum or barrel,
shall be permitted within the diked area.
(viii) Tank openings other than vents for aboveground tanks.
(a)-(c) [Reserved]
(d) Openings for gaging shall be provided with a vaportight cap or
cover.
(e) For Class IB and Class IC liquids other than crude oils,
gasolines, and asphalts, the fill pipe shall be so designed and
installed as to minimize the possibility of generating static
electricity. A fill pipe entering the top of a tank shall terminate
within 6 inches of the bottom of the tank and shall be installed to
avoid excessive vibration.
(f) Filling and emptying connections which are made and broken shall
be located outside of buildings at a location free from any source of
ignition and not less than 5 feet away from any building opening. Such
connection shall be closed and liquidtight when not in use. The
connection shall be properly identified.
(3) Installation of underground tanks--(i) Location. Excavation for
underground storage tanks shall be made with due care to avoid
undermining of foundations of existing structures. Underground tanks or
tanks under buildings shall be so located with respect to existing
building foundations and supports that the loads carried by the latter
cannot be transmitted to the tank. The distance from any part of a tank
storing Class I liquids to the nearest wall of any basement or pit shall
be not less than 1 foot, and to any property line that may be built
upon, not less than 3 feet. The distance from any part of a tank storing
Class II or Class III liquids to the nearest wall of any basement, pit
or property line shall be not less than 1 foot.
(ii) Depth and cover. Underground tanks shall be set on firm
foundations and surrounded with at least 6 inches of noncorrosive, inert
materials such as clean sand, earth, or gravel well tamped in place. The
tank shall be placed in the hole with care since dropping or rolling the
tank into the hole can break a weld, puncture or damage the tank, or
scrape off the protective coating of coated tanks. Tanks shall be
covered with a minimum of 2 feet of earth, or shall be covered with not
less than 1 foot of earth, on top of which shall be placed a slab of
reinforced concrete not less than 4 inches thick. When underground tanks
are, or are likely to be, subject to traffic, they shall be protected
against damage from vehicles passing over them by at least 3 feet of
earth cover, or 18 inches of well-tamped earth, plus 6 inches of
reinforced concrete or 8 inches of asphaltic concrete. When asphaltic or
reinforced concrete paving is used as part of the protection, it shall
extend at least 1 foot horizontally beyond the outline of the tank in
all directions.
(iii) Corrosion protection. Corrosion protection for the tank and
its piping shall be provided by one or more of the following methods:
(a) Use of protective coatings or wrappings;
(b) Cathodic protection; or,
(c) Corrosion resistant materials of construction.
(iv) Vents. (a) Location and arrangement of vents for Class I
liquids. Vent pipes from tanks storing Class I liquids shall be so
located that the discharge point is outside of buildings, higher than
the fill pipe opening, and not less than 12 feet above the adjacent
ground level. Vent pipes shall discharge only upward in order to
disperse vapors. Vent pipes 2 inches or less in nominal inside diameter
shall not be obstructed by devices that will cause excessive back
pressure. Vent pipe outlets shall be so located that flammable vapors
will not enter building openings, or be trapped under eaves or other
obstructions. If the vent pipe is less than 10 feet in length, or
greater than 2 inches
[[Page 236]]
in nominal inside diameter, the outlet shall be provided with a vacuum
and pressure relief device or there shall be an approved flame arrester
located in the vent line at the outlet or within the approved distance
from the outlet.
(b) Size of vents. Each tank shall be vented through piping adequate
in size to prevent blow-back of vapor or liquid at the fill opening
while the tank is being filled. Vent pipes shall be not less than 1\1/4\
inch nominal inside diameter.
Table H-11--Vent Line Diameters
------------------------------------------------------------------------
Pipe length \1\
Maximum flow GPM -----------------------------
50 feet 100 feet 200 feet
------------------------------------------------------------------------
Inches Inches Inches
100....................................... 1\1/4\ 1\1/4\ 1\1/4\
200....................................... 1\1/4\ 1\1/4\ 1\1/4\
300....................................... 1\1/4\ 1\1/4\ 1\1/2\
400....................................... 1\1/4\ 1\1/2\ 2
500....................................... 1\1/2\ 1\1/2\ 2
600....................................... 1\1/2\ 2 2
700....................................... 2 2 2
800....................................... 2 2 3
900....................................... 2 2 3
1,000..................................... 2 2 3
------------------------------------------------------------------------
\1\ Vent lines of 50 ft., 100 ft., and 200 ft. of pipe plus 7 ells.
(c) Location and arrangement of vents for Class II or Class III
liquids. Vent pipes from tanks storing Class II or Class III flammable
liquids shall terminate outside of the building and higher than the fill
pipe opening. Vent outlets shall be above normal snow level. They may be
fitted with return bends, coarse screens or other devices to minimize
ingress of foreign material.
(d) Vent piping shall be constructed in accordance with paragraph
(c) of this section. Vent pipes shall be so laid as to drain toward the
tank without sags or traps in which liquid can collect. They shall be
located so that they will not be subjected to physical damage. The tank
end of the vent pipe shall enter the tank through the top.
(e) When tank vent piping is manifolded, pipe sizes shall be such as
to discharge, within the pressure limitations of the system, the vapors
they may be required to handle when manifolded tanks are filled
simultaneously.
(v) Tank openings other than vents. (a) Connections for all tank
openings shall be vapor or liquid tight.
(b) Openings for manual gaging, if independent of the fill pipe,
shall be provided with a liquid-tight cap or cover. If inside a
building, each such opening shall be protected against liquid overflow
and possible vapor release by means of a spring loaded check valve or
other approved device.
(c) Fill and discharge lines shall enter tanks only through the top.
Fill lines shall be sloped toward the tank.
(d) For Class IB and Class IC liquids other than crude oils,
gasolines, and asphalts, the fill pipe shall be so designed and
installed as to minimize the possibility of generating static
electricity by terminating within 6 inches of the bottom of the tank.
(e) Filling and emptying connections which are made and broken shall
be located outside of buildings at a location free from any source of
ignition and not less than 5 feet away from any building opening. Such
connection shall be closed and liquidtight when not in use. The
connection shall be properly identified.
(4) Installation of tanks inside of buildings--(i) Location. Tanks
shall not be permitted inside of buildings except as provided in
paragraphs (e), (g), (h), or (i) of this section.
(ii) Vents. Vents for tanks inside of buildings shall be as provided
in subparagraphs (2) (iv), (v), (vi)(b), and (3)(iv) of this paragraph,
except that emergency venting by the use of weak roof seams on tanks
shall not be permitted. Vents shall discharge vapors outside the
buildings.
(iii) Vent piping. Vent piping shall be constructed in accordance
with paragraph (c) of this section.
(iv) Tank openings other than vents. (a) Connections for all tank
openings shall be vapor or liquidtight. Vents are covered in subdivision
(ii) of this subparagraph.
(b) Each connection to a tank inside of buildings through which
liquid can normally flow shall be provided with an internal or an
external valve located as close as practical to the shell of the tank.
Such valves, when external, and their connections to the tank shall be
of steel except when the chemical characteristics of the liquid stored
are incompatible with steel. When materials other than steel are
necessary,
[[Page 237]]
they shall be suitable for the pressures, structural stresses, and
temperatures involved, including fire exposures.
(c) Flammable or combustible liquid tanks located inside of
buildings, except in one-story buildings designed and protected for
flammable or combustible liquid storage, shall be provided with an
automatic-closing heat-actuated valve on each withdrawal connection
below the liquid level, except for connections used for emergency
disposal, to prevent continued flow in the event of fire in the vicinity
of the tank. This function may be incorporated in the valve required in
(b) of this subdivision, and if a separate valve, shall be located
adjacent to the valve required in (b) of this subdivision.
(d) Openings for manual gaging, if independent of the fill pipe (see
(f) of this subdivision), shall be provided with a vaportight cap or
cover. Each such opening shall be protected against liquid overflow and
possible vapor release by means of a spring loaded check valve or other
approved device.
(e) For Class IB and Class IC liquids other than crude oils,
gasolines, and asphalts, the fill pipe shall be so designed and
installed as to minimize the possibility of generating static
electricity by terminating within 6 inches of the bottom of the tank.
(f) The fill pipe inside of the tank shall be installed to avoid
excessive vibration of the pipe.
(g) The inlet of the fill pipe shall be located outside of buildings
at a location free from any source of ignition and not less than 5 feet
away from any building opening. The inlet of the fill pipe shall be
closed and liquidtight when not in use. The fill connection shall be
properly identified.
(h) Tanks inside buildings shall be equipped with a device, or other
means shall be provided, to prevent overflow into the building.
(5) Supports, foundations, and anchorage for all tank locations--(i)
General. Tank supports shall be installed on firm foundations. Tank
supports shall be of concrete, masonry, or protected steel. Single wood
timber supports (not cribbing) laid horizontally may be used for outside
aboveground tanks if not more than 12 inches high at their lowest point.
(ii) Fire resistance. Steel supports or exposed piling shall be
protected by materials having a fire resistance rating of not less than
2 hours, except that steel saddles need not be protected if less than 12
inches high at their lowest point. Water spray protection or its
equivalent may be used in lieu of fire-resistive materials to protect
supports.
(iii) Spheres. The design of the supporting structure for tanks such
as spheres shall receive special engineering consideration.
(iv) Load distribution. Every tank shall be so supported as to
prevent the excessive concentration of loads on the supporting portion
of the shell.
(v) Foundations. Tanks shall rest on the ground or on foundations
made of concrete, masonry, piling, or steel. Tank foundations shall be
designed to minimize the possibility of uneven settling of the tank and
to minimize corrosion in any part of the tank resting on the foundation.
(vi) Flood areas. Where a tank is located in an area that may be
subjected to flooding, the applicable precautions outlined in this
subdivision shall be observed.
(a) No aboveground vertical storage tank containing a flammable or
combustible liquid shall be located so that the allowable liquid level
within the tank is below the established maximum flood stage, unless the
tank is provided with a guiding structure such as described in (m), (n),
and (o) of this subdivision.
(b) Independent water supply facilities shall be provided at
locations where there is no ample and dependable public water supply
available for loading partially empty tanks with water.
(c) In addition to the preceding requirements, each tank so located
that more than 70 percent, but less than 100 percent, of its allowable
liquid storage capacity will be submerged at the established maximum
flood stage, shall be safeguarded by one of the following methods: Tank
shall be raised, or its height shall be increased, until its top extends
above the maximum flood stage a distance equivalent to 30 percent or
more of its allowable liquid storage capacity: Provided, however, That
the submerged part of the tank shall not exceed two and one-half times
[[Page 238]]
the diameter. Or, as an alternative to the foregoing, adequate
noncombustible structural guides, designed to permit the tank to float
vertically without loss of product, shall be provided.
(d) Each horizontal tank so located that more than 70 percent of its
storage capacity will be submerged at the established flood stage, shall
be anchored, attached to a foundation of concrete or of steel and
concrete, of sufficient weight to provide adequate load for the tank
when filled with flammable or combustible liquid and submerged by flood
waters to the established flood stage, or adequately secured by other
means.
(e) [Reserved]
(f) At locations where there is no ample and dependable water
supply, or where filling of underground tanks with liquids is
impracticable because of the character of their contents, their use, or
for other reasons, each tank shall be safeguarded against movement when
empty and submerged by high ground water or flood waters by anchoring,
weighting with concrete or other approved solid loading material, or
securing by other means. Each such tank shall be so constructed and
installed that it will safely resist external pressures due to high
ground water or flood waters.
(g) At locations where there is an ample and dependable water supply
available, underground tanks containing flammable or combustible
liquids, so installed that more than 70 percent of their storage
capacity will be submerged at the maximum flood stage, shall be so
anchored, weighted, or secured by other means, as to prevent movement of
such tanks when filled with flammable or combustible liquids, and
submerged by flood waters to the established flood stage.
(h) Pipe connections below the allowable liquid level in a tank
shall be provided with valves or cocks located as closely as practicable
to the tank shell. Such valves and their connections to tanks shall be
of steel or other material suitable for use with the liquid being
stored. Cast iron shall not be permitted.
(i) At locations where an independent water supply is required, it
shall be entirely independent of public power and water supply.
Independent source of water shall be available when flood waters reach a
level not less than 10 feet below the bottom of the lowest tank on a
property.
(j) The self-contained power and pumping unit shall be so located or
so designed that pumping into tanks may be carried on continuously
throughout the rise in flood waters from a level 10 feet below the
lowest tank to the level of the potential flood stage.
(k) Capacity of the pumping unit shall be such that the rate of rise
of water in all tanks shall be equivalent to the established potential
average rate of rise of flood waters at any stage.
(l) Each independent pumping unit shall be tested periodically to
insure that it is in satisfactory operating condition.
(m) Structural guides for holding floating tanks above their
foundations shall be so designed that there will be no resistance to the
free rise of a tank, and shall be constructed of noncombustible
material.
(n) The strength of the structure shall be adequate to resist
lateral movement of a tank subject to a horizontal force in any
direction equivalent to not less than 25 pounds per square foot acting
on the projected vertical cross-sectional area of the tank.
(o) Where tanks are situated on exposed points or bends in a
shoreline where swift currents in flood waters will be present, the
structures shall be designed to withstand a unit force of not less than
50 pounds per square foot.
(p) The filling of a tank to be protected by water loading shall be
started as soon as flood waters reach a dangerous flood stage. The rate
of filling shall be at least equal to the rate of rise of the
floodwaters (or the established average potential rate of rise).
(q) Sufficient fuel to operate the water pumps shall be available at
all times to insure adequate power to fill all tankage with water.
(r) All valves on connecting pipelines shall be closed and locked in
closed position when water loading has been completed.
(s) Where structural guides are provided for the protection of
floating tanks, all rigid connections between
[[Page 239]]
tanks and pipelines shall be disconnected and blanked off or blinded
before the floodwaters reach the bottom of the tank, unless control
valves and their connections to the tank are of a type designed to
prevent breakage between the valve and the tank shell.
(t) All valves attached to tanks other than those used in connection
with water loading operations shall be closed and locked.
(u) If a tank is equipped with a swing line, the swing pipe shall be
raised to and secured at its highest position.
(v) Inspections. The Assistant Secretary or his designated
representative shall make periodic inspections of all plants where the
storage of flammable or combustible liquids is such as to require
compliance with the foregoing requirements, in order to assure the
following:
(1) That all flammable or combustible liquid storage tanks are in
compliance with these requirements and so maintained.
(2) That detailed printed instructions of what to do in flood
emergencies are properly posted.
(3) That station operators and other employees depended upon to
carry out such instructions are thoroughly informed as to the location
and operation of such valves and other equipment necessary to effect
these requirements.
(vii) Earthquake areas. In areas subject to earthquakes, the tank
supports and connections shall be designed to resist damage as a result
of such shocks.
(6) Sources of ignition. In locations where flammable vapors may be
present, precautions shall be taken to prevent ignition by eliminating
or controlling sources of ignition. Sources of ignition may include open
flames, lightning, smoking, cutting and welding, hot surfaces,
frictional heat, sparks (static, electrical, and mechanical),
spontaneous ignition, chemical and physical-chemical reactions, and
radiant heat.
(7) Testing--(i) General. All tanks, whether shop built or field
erected, shall be strength tested before they are placed in service in
accordance with the applicable paragraphs of the code under which they
were built. The American Society of Mechanical Engineers (ASME) code
stamp, American Petroleum Institute (API) monogram, or the label of the
Underwriters' Laboratories, Inc., on a tank shall be evidence of
compliance with this strength test. Tanks not marked in accordance with
the above codes shall be strength tested before they are placed in
service in accordance with good engineering principles and reference
shall be made to the sections on testing in the codes listed in
subparagraphs (1) (iii)(a), (iv)(b), or (v)(b) of this paragraph.
(ii) Strength. When the vertical length of the fill and vent pipes
is such that when filled with liquid the static head imposed upon the
bottom of the tank exceeds 10 pounds per square inch, the tank and
related piping shall be tested hydrostatically to a pressure equal to
the static head thus imposed.
(iii) Tightness. In addition to the strength test called for in
subdivisions (i) and (ii) of this subparagraph, all tanks and
connections shall be tested for tightness. Except for underground tanks,
this tightness test shall be made at operating pressure with air, inert
gas, or water prior to placing the tank in service. In the case of
field-erected tanks the strength test may be considered to be the test
for tank tightness. Underground tanks and piping, before being covered,
enclosed, or placed in use, shall be tested for tightness
hydrostatically, or with air pressure at not less than 3 pounds per
square inch and not more than 5 pounds per square inch.
(iv) Repairs. All leaks or deformations shall be corrected in an
acceptable manner before the tank is placed in service. Mechanical
caulking is not permitted for correcting leaks in welded tanks except
pinhole leaks in the roof.
(v) Derated operations. Tanks to be operated at pressures below
their design pressure may be tested by the applicable provisions of
subdivision (i) or (ii) of this subparagraph, based upon the pressure
developed under full emergency venting of the tank.
(c) Piping, valves, and fittings--(1) General--(i) Design. The
design (including selection of materials) fabrication, assembly, test,
and inspection of piping systems containing flammable or combustible
liquids shall be suitable for
[[Page 240]]
the expected working pressures and structural stresses. Conformity with
the applicable provisions of Pressure Piping, ANSI B31 series and the
provisions of this paragraph, shall be considered prima facie evidence
of compliance with the foregoing provisions.
(ii) Exceptions. This paragraph does not apply to any of the
following:
(a) Tubing or casing on any oil or gas wells and any piping
connected directly thereto.
(b) Motor vehicle, aircraft, boat, or portable or stationary
engines.
(c) Piping within the scope of any applicable boiler and pressures
vessel code.
(iii) Definitions. As used in this paragraph, piping systems consist
of pipe, tubing, flanges, bolting, gaskets, valves, fittings, the
pressure containing parts of other components such as expansion joints
and strainers, and devices which serve such purposes as mixing,
separating, snubbing, distributing, metering, or controlling flow.
(2) Materials for piping, valves, and fittings--(i) Required
materials. Materials for piping, valves, or fittings shall be steel,
nodular iron, or malleable iron, except as provided in paragraph (c)(2)
(ii), (iii) and (iv) of this section.
(ii) Exceptions. Materials other than steel, nodular iron, or
malleable iron may be used underground, or if required by the properties
of the flammable or combustible liquid handled. Material other than
steel, nodular iron, or malleable iron shall be designed to
specifications embodying principles recognized as good engineering
practices for the material used.
(iii) Linings. Piping, valves, and fittings may have combustible or
noncombustible linings.
(iv) Low-melting materials. When low-melting point materials such as
aluminum and brass or materials that soften on fire exposure such as
plastics, or non-ductile materials such as cast iron, are necessary,
special consideration shall be given to their behavior on fire exposure.
If such materials are used in above ground piping systems or inside
buildings, they shall be suitably protected against fire exposure or so
located that any spill resulting from the failure of these materials
could not unduly expose persons, important buildings or structures or
can be readily controlled by remote valves.
(3) Pipe joints. Joints shall be made liquid tight. Welded or
screwed joints or approved connectors shall be used. Threaded joints and
connections shall be made up tight with a suitable lubricant or piping
compound. Pipe joints dependent upon the friction characteristics of
combustible materials for mechanical continuity of piping shall not be
used inside buildings. They may be used outside of buildings above or
below ground. If used above ground, the piping shall either be secured
to prevent disengagement at the fitting or the piping system shall be so
designed that any spill resulting from such disengagement could not
unduly expose persons, important buildings or structures, and could be
readily controlled by remote valves.
(4) Supports. Piping systems shall be substantially supported and
protected against physical damage and excessive stresses arising from
settlement, vibration, expansion, or contraction.
(5) Protection against corrosion. All piping for flammable or
combustible liquids, both aboveground and underground, where subject to
external corrosion, shall be painted or otherwise protected.
(6) Valves. Piping systems shall contain a sufficient number of
valves to operate the system properly and to protect the plant. Piping
systems in connection with pumps shall contain a sufficient number of
valves to control properly the flow of liquid in normal operation and in
the event of physical damage. Each connection to pipelines, by which
equipments such as tankcars or tank vehicles discharge liquids by means
of pumps into storage tanks, shall be provided with a check valve for
automatic protection against backflow if the piping arrangement is such
that backflow from the system is possible.
(7) Testing. All piping before being covered, enclosed, or placed in
use shall be hydrostatically tested to 150 percent of the maximum
anticipated pressure of the system, or pneumatically tested to 110
percent of the maximum anticipated pressure of the system, but not less
than 5 pounds per square inch gage at the highest point
[[Page 241]]
of the system. This test shall be maintained for a sufficient time to
complete visual inspection of all joints and connections, but for at
least 10 minutes.
(d) Container and portable tank storage--(1) Scope--(i) General.
This paragraph shall apply only to the storage of flammable or
combustible liquids in drums or other containers (including flammable
aerosols) not exceeding 60 gallons individual capacity and those
portable tanks not exceeding 660 gallons individual capacity.
(ii) Exceptions. This paragraph shall not apply to the following:
(a) Storage of containers in bulk plants, service stations,
refineries, chemical plants, and distilleries;
(b) Class I or Class II liquids in the fuel tanks of a motor
vehicle, aircraft, boat, or portable or stationary engine;
(c) Flammable or combustible paints, oils, varnishes, and similar
mixtures used for painting or maintenance when not kept for a period in
excess of 30 days;
(d) Beverages when packaged in individual containers not exceeding 1
gallon in size.
(2) Design, construction, and capacity of containers--(i) General.
Only approved containers and portable tanks shall be used. Metal
containers and portable tanks meeting the requirements of and containing
products authorized by chapter I, title 49 of the Code of Federal
Regulations (regulations issued by the Hazardous Materials Regulations
Board, Department of Transportation), shall be deemed to be acceptable.
(ii) Emergency venting. Each portable tank shall be provided with
one or more devices installed in the top with sufficient emergency
venting capacity to limit internal pressure under fire exposure
conditions to 10 p.s.i.g., or 30 percent of the bursting pressure of the
tank, whichever is greater. The total venting capacity shall be not less
than that specified in paragraphs (b)(2)(v) (c) or (e) of this section.
At least one pressure-activated vent having a minimum capacity of 6,000
cubic feet of free air (14.7 p.s.i.a. and 60 deg. F.) shall be used. It
shall be set to open at not less than 5 p.s.i.g. If fusible vents are
used, they shall be actuated by elements that operate at a temperature
not exceeding 300 deg. F.
(iii) Size. Flammable and combustible liquid containers shall be in
accordance with Table H-12, except that glass or plastic containers of
no more than 1-gallon capacity may be used for a Class IA or IB
flammable liquid if:
(a)(1) Such liquid either would be rendered unfit for its intended
use by contact with metal or would excessively corrode a metal container
so as to create a leakage hazard; and
(2) The user's process either would require more than 1 pint of a
Class IA liquid or more than 1 quart of a Class IB liquid of a single
assay lot to be used at one time, or would require the maintenance of an
analytical standard liquid of a quality which is not met by the
specified standards of liquids available, and the quantity of the
analytical standard liquid required to be used in any one control
process exceeds one-sixteenth the capacity of the container allowed
under Table H-12 for the class of liquid; or
(b) The containers are intended for direct export outside the United
States.
Table H-12--Maximum Allowable Size of Containers and Portable Tanks
----------------------------------------------------------------------------------------------------------------
Flammable liquids Combustible liquids
Container type -----------------------------------------------------------
Class IA Class IB Class IC Class II Class III
----------------------------------------------------------------------------------------------------------------
Glass or approved plastic........................... 1 pt 1 qt 1 gal 1 gal 1 gal.
Metal (other than DOT drums)........................ 1 gal 5 gal 5 gal 5 gal 5 gal.
Safety cans......................................... 2 gal 5 gal 5 gal 5 gal 5 gal.
Metal drums (DOT specifications).................... 60 gal 60 gal 60 gal 60 gal 60 gal.
Approved portable tanks............................. 660 gal 660 gal 660 gal 660 gal 660 gal.
----------------------------------------------------------------------------------------------------------------
Note: Container exemptions: (a) Medicines, beverages, foodstuffs, cosmetics, and other common consumer items,
when packaged according to commonly accepted practices, shall be exempt from the requirements of Sec.
1910.106(d)(2) (i) and (ii).
(3) Design, construction, and capacity of storage cabinets--(i)
Maximum capacity. Not more than 60 gallons of Class I or Class II
liquids, nor more than 120
[[Page 242]]
gallons of Class III liquids may be stored in a storage cabinet.
(ii) Fire resistance. Storage cabinets shall be designed and
constructed to limit the internal temperature to not more than 325 deg.
F. when subjected to a 10-minute fire test using the standard time-
temperature curve as set forth in Standard Methods of Fire Tests of
Building Construction and Materials, NFPA 251-1969, which is
incorporated by reference as specified in Sec. 1910.6. All joints and
seams shall remain tight and the door shall remain securely closed
during the fire test. Cabinets shall be labeled in conspicuous
lettering, ``Flammable--Keep Fire Away.''
(a) Metal cabinets constructed in the following manner shall be
deemed to be in compliance. The bottom, top, door, and sides of cabinet
shall be at least No. 18 gage sheet iron and double walled with 1\1/2\-
inch air space. Joints shall be riveted, welded or made tight by some
equally effective means. The door shall be provided with a three-point
lock, and the door sill shall be raised at least 2 inches above the
bottom of the cabinet.
(b) Wooden cabinets constructed in the following manner shall be
deemed in compliance. The bottom, sides, and top shall be constructed of
an approved grade of plywood at least 1 inch in thickness, which shall
not break down or delaminate under fire conditions. All joints shall be
rabbetted and shall be fastened in two directions with flathead
woodscrews. When more than one door is used, there shall be a rabbetted
overlap of not less than 1 inch. Hinges shall be mounted in such a
manner as not to lose their holding capacity due to loosening or burning
out of the screws when subjected to the fire test.
(4) Design and construction of inside storage rooms--(i)
Construction. Inside storage rooms shall be constructed to meet the
required fire-resistive rating for their use. Such construction shall
comply with the test specifications set forth in Standard Methods of
Fire Tests of Building Construction and Materials, NFPA 251-1969. Where
an automatic sprinkler system is provided, the system shall be designed
and installed in an acceptable manner. Openings to other rooms or
buildings shall be provided with noncombustible liquid-tight raised
sills or ramps at least 4 inches in height, or the floor in the storage
area shall be at least 4 inches below the surrounding floor. Openings
shall be provided with approved self-closing fire doors. The room shall
be liquid-tight where the walls join the floor. A permissible alternate
to the sill or ramp is an open-grated trench inside of the room which
drains to a safe location. Where other portions of the building or other
properties are exposed, windows shall be protected as set forth in the
Standard for Fire Doors and Windows, NFPA No. 80-1968, which is
incorporated by reference as specified in Sec. 1910.6, for Class E or F
openings. Wood at least 1 inch nominal thickness may be used for
shelving, racks, dunnage, scuffboards, floor overlay, and similar
installations.
(ii) Rating and capacity. Storage in inside storage rooms shall
comply with Table H-13.
Table H-13--Storage in Inside Rooms
----------------------------------------------------------------------------------------------------------------
Total
allowable
quantities
Fire protection \1\ provided Fire resistance Maximum size (gals./sq.
ft./floor
area)
----------------------------------------------------------------------------------------------------------------
Yes...................................... 2 hours..................... 500 sq. ft................. 10
No....................................... 2 hours..................... 500 sq. ft................. 5
Yes...................................... 1 hour...................... 150 sq. ft................. 4
No....................................... 1 hour...................... 150 sq. ft................. 2
----------------------------------------------------------------------------------------------------------------
\1\ Fire protection system shall be sprinkler, water spray, carbon dioxide, or other system.
(iii) Wiring. Electrical wiring and equipment located in inside
storage rooms used for Class I liquids shall be approved under Subpart S
of this part for Class I, Division 2 Hazardous Locations; for Class II
and Class III liquids, shall be approved for general use.
(iv) Ventilation. Every inside storage room shall be provided with
either a gravity or a mechanical exhaust ventilation system. Such system
shall be designed to provide for a complete change of air within the
room at least six times per hour. If a mechanical exhaust system is
used, it shall be controlled by a switch located outside of the door.
The ventilating equipment and any lighting fixtures shall be operated by
the same switch. A pilot light shall be installed adjacent to the switch
if Class I flammable liquids are
[[Page 243]]
dispensed within the room. Where gravity ventilation is provided, the
fresh air intake, as well as the exhaust outlet from the room, shall be
on the exterior of the building in which the room is located.
(v) Storage in inside storage rooms. In every inside storage room
there shall be maintained one clear aisle at least 3 feet wide.
Containers over 30 gallons capacity shall not be stacked one upon the
other. Dispensing shall be by approved pump or self-closing faucet only.
(5) Storage inside building--(i) Egress. Flammable or combustible
liquids, including stock for sale, shall not be stored so as to limit
use of exits, stairways, or areas normally used for the safe egress of
people.
(ii) Containers. The storage of flammable or combustible liquids in
containers or portable tanks shall comply with subdivisions (iii)
through (v) of this subparagraph.
(iii) Office occupancies. Storage shall be prohibited except that
which is required for maintenance and operation of building and
operation of equipment. Such storage shall be kept in closed metal
containers stored in a storage cabinet or in safety cans or in an inside
storage room not having a door that opens into that portion of the
building used by the public.
(iv) Mercantile occupancies and other retail stores.
(a)-(d) [Reserved]
(e) Leaking containers shall be removed to a storage room or taken
to a safe location outside the building and the contents transferred to
an undamaged container.
(v) General purpose public warehouses. Storage shall be in
accordance with Table H-14 or H-15 and in buildings or in portions of
such buildings cut off by standard firewalls. Material creating no fire
exposure hazard to the flammable or combustible liquids may be stored in
the same area.
Table H-14--Indoor Container Storage
----------------------------------------------------------------------------------------------------------------
Gallons
---------------------------
Protected Unprotected
Class liquid Storage level storage storage
maximum per maximum per
pile pile
----------------------------------------------------------------------------------------------------------------
A............................................. Ground and upper floors............. 2,750 660
(50) (12)
Basement............................ Not Not
permitted permitted
B............................................. Ground and upper floors............. 5,500 1,375
(100) (25)
Basement............................ Not Not
permitted permitted
C............................................. Ground and upper floors............. 16,500 4,125
(300) (75)
Basement............................ Not Not
permitted permitted
II............................................ Ground and upper floors............. 16,500 4,125
(300) (75)
Basement............................ 5,500 Not
permitted
(100)
III........................................... Ground and upper floors............. 55,000 13,750
(1,000) (250)
Basement............................ 8,250 Not
permitted
(450)
----------------------------------------------------------------------------------------------------------------
Note 1: When 2 or more classes of materials are stored in a single pile, the maximum gallonage permitted in that
pile shall be the smallest of the 2 or more separate maximum gallonages.
Note 2: Aisles shall be provided so that no container is more than 12 ft. from an aisle. Main aisles shall be at
least 3 ft. wide and side aisles at least 4 ft. wide.
Note 3: Each pile shall be separated from each other by at least 4 ft.
(Numbers in parentheses indicate corresponding number of 55-gal. drums.)
Table H-15--Indoor Portable Tank Storage
----------------------------------------------------------------------------------------------------------------
Gallons
---------------------------
Protected Unprotected
Class liquid Storage level storage storage
maximum per maximum per
pile pile
----------------------------------------------------------------------------------------------------------------
IA............................................ Ground and upper floors............. Not Not
permitted permitted
Basement............................ Not Not
permitted permitted
IB............................................ Ground and upper floors............. 20,000 2,000
[[Page 244]]
Basement............................ Not Not
permitted permitted
IC............................................ Ground and upper floors............. 40,000 5,500
Basement............................ Not Not
permitted permitted
II............................................ Ground and upper floors............. 40,000 5,500
Basement............................ 20,000 Not
permitted
III........................................... Ground and upper floors............. 60,000 22,000
Basement............................ 20,000 Not
permitted
----------------------------------------------------------------------------------------------------------------
Note 1: When 1 or more classes of materials are stored in a single pile, the maximum gallonage permitted in that
pile shall be the smallest of the 2 or more separate maximum gallonages.
Note 2: Aisles shall be provided so that no portable tank is more than 12 ft. from an aisle. Main aisles shall
be at least 8 ft. wide and side aisles at least 4 ft. wide.
Note 3: Each pile shall be separated from each other by at least 4 ft.
(vi) Flammable and combustible liquid warehouses or storage
buildings. (a) If the storage building is located 50 feet or less from a
building or line of adjoining property that may be built upon, the
exposing wall shall be a blank wall having a fire-resistance rating of
at least 2 hours.
(b) The total quantity of liquids within a building shall not be
restricted, but the arrangement of storage shall comply with Table H-14
or H-15.
(c) Containers in piles shall be separated by pallets or dunnage
where necessary to provide stability and to prevent excessive stress on
container walls.
(d) Portable tanks stored over one tier high shall be designed to
nest securely, without dunnage, and adequate materials handing equipment
shall be available to handle tanks safely at the upper tier level.
(e) No pile shall be closer than 3 feet to the nearest beam, chord,
girder, or other obstruction, and shall be 3 feet below sprinkler
deflectors or discharge orifices of water spray, or other overhead fire
protection systems.
(f) Aisles of at least 3 feet wide shall be provided where necessary
for reasons of access to doors, windows or standpipe connections.
(6) Storage outside buildings--(i) General. Storage outside
buildings shall be in accordance with Table H-16 or H-17, and
subdivisions (ii) and (iv) of this subparagraph.
Table H-16--Outdoor Container Storage
----------------------------------------------------------------------------------------------------------------
4--Distance
3--Distance to property 5--Distance
1--Class 2--Maximum between line that to street,
per pile piles can be alley,
built upon public way
----------------------------------------------------------------------------------------------------------------
gallons feet feet feet
---------------------------------------------------
IA.......................................................... 1,100 5 20 10
IB.......................................................... 2,200 5 20 10
IC.......................................................... 4,400 5 20 10
II.......................................................... 8,800 5 10 5
III......................................................... 22,000 5 10 5
----------------------------------------------------------------------------------------------------------------
Note 1: When 2 or more classes of materials are stored in a single pile, the maximum gallonage in that pile
shall be the smallest of the 2 or more separate gallonages.
Note 2: Within 200 ft. of each container, there shall be a 12-ft. wide access way to permit approach of fire
control apparatus.
Note 3: The distances listed apply to properties that have protection for exposures as defined. If there are
exposures, and such protection for exposures does not exist, the distances in column 4 shall be doubled.
Note 4: When total quantity stored does not exceed 50 percent of maximum per pile, the distances in columns 4
and 5 may be reduced 50 percent, but not less than 3 ft.
(ii) Maximum storage. A maximum of 1,100 gallons of flammable or
combustible liquids may be located adjacent to buildings located on the
same premises and under the same management provided the provisions of
subdivisions
[[Page 245]]
(a) and (b) of this subdivision are complied with.
(a) [Reserved]
(b) Where quantity stored exceeds 1,100 gallons, or provisions of
subdivision (a) of this subdivision cannot be met, a minimum distance of
10 feet between buildings and nearest container of flammable or
combustible liquid shall be maintained.
(iii) Spill containment. The storage area shall be graded in a
manner to divert possible spills away from buildings or other exposures
or shall be surrounded by a curb at least 6 inches high. When curbs are
used, provisions shall be made for draining of accumulations of ground
or rain water or spills of flammable or combustible liquids. Drains
shall terminate at a safe location and shall be accessible to operation
under fire conditions.
(iv) Security. The storage area shall be protected against tampering
or trespassers where necessary and shall be kept free of weeds, debris
and other combustible material not necessary to the storage.
(7) Fire control--(i) Extinguishers. Suitable fire control devices,
such as small hose or portable fire extinguishers, shall be available at
locations where flammable or combustible liquids are stored.
Table H-17--Outdoor Portable Tank Storage
----------------------------------------------------------------------------------------------------------------
4--Distance
3--Distance to property 5--Distance
1--Class 2--Maximum between line that to street,
per pile piles can be alley,
built upon public way
----------------------------------------------------------------------------------------------------------------
gallon feet feet feet
---------------------------------------------------
IA.......................................................... 2,200 5 20 10
IB.......................................................... 4,400 5 20 10
IC.......................................................... 8,800 5 20 10
II.......................................................... 17,600 5 10 5
III......................................................... 44,000 5 10 5
----------------------------------------------------------------------------------------------------------------
Note 1: When 2 or more classes of materials are stored in a single pile, the maximum gallonage in that pile
shall be the the smallest of the 2 or more separate gallonages.
Note 2: Within 200 ft. of each portable tank, there shall be a 12-ft. wide access way to permit approach of fire
control apparatus.
Note 3: The distances listed apply to properties that have protection for exposures as defined. If there are
exposures, and such protection for exposures does not exist, the distances in column 4 shall be doubled.
Note 4: When total quantity stored does not exceed 50 percent of maximum per pile, the distances in columns 4
and 5 may be reduced 50 percent, but not less than 3 ft.
(a) At least one portable fire extinguisher having a rating of not
less than 12-B units shall be located outside of, but not more than 10
feet from, the door opening into any room used for storage.
(b) At least one portable fire extinguisher having a rating of not
less than 12-B units must be located not less than 10 feet, nor more
than 25 feet, from any Class I or Class II liquid storage area located
outside of a storage room but inside a building.
(ii) Sprinklers. When sprinklers are provided, they shall be
installed in accordance with Sec. 1910.159.
(iii) Open flames and smoking. Open flames and smoking shall not be
permitted in flammable or combustible liquid storage areas.
(iv) Water reactive materials. Materials which will react with water
shall not be stored in the same room with flammable or combustible
liquids.
(e) Industrial plants--(1) Scope--(i) Application. This paragraph
shall apply to those industrial plants where:
(a) The use of flammable or combustible liquids is incidental to the
principal business, or
(b) Where flammable or combustible liquids are handled or used only
in unit physical operations such as mixing, drying, evaporating,
filtering, distillation, and similar operations which do not involve
chemical reaction. This paragraph shall not apply to chemical plants,
refineries or distilleries.
(ii) Exceptions. Where portions of such plants involve chemical
reactions such as oxidation, reduction, halogenation, hydrogenation,
alkylation, polymerization, and other chemical processes, those portions
of the plant shall be in
[[Page 246]]
accordance with paragraph (h) of this section.
(2) Incidental storage or use of flammable and combustible liquids--
(i) Application. This subparagraph shall be applicable to those portions
of an industrial plant where the use and handling of flammable or
combustible liquids is only incidental to the principal business, such
as automobile assembly, construction of electronic equipment, furniture
manufacturing, or other similar activities.
(ii) Containers. Flammable or combustible liquids shall be stored in
tanks or closed containers.
(a) Except as provided in subdivisions (b) and (c) of this
subdivision, all storage shall comply with paragraph (d) (3) or (4) of
this section.
(b) The quantity of liquid that may be located outside of an inside
storage room or storage cabinet in a building or in any one fire area of
a building shall not exceed:
(1) 25 gallons of Class IA liquids in containers
(2) 120 gallons of Class IB, IC, II, or III liquids in containers
(3) 660 gallons of Class IB, IC, II, or III liquids in a single
portable tank.
(c) Where large quantities of flammable or combustible liquids are
necessary, storage may be in tanks which shall comply with the
applicable requirements of paragraph (b) of this section.
(iii) Separation and protection. Areas in which flammable or
combustible liquids are transferred from one tank or container to
another container shall be separated from other operations in the
building by adequate distance or by construction having adequate fire
resistance. Drainage or other means shall be provided to control spills.
Adequate natural or mechanical ventilation shall be provided.
(iv) Handling liquids at point of final use. (a) Flammable liquids
shall be kept in covered containers when not actually in use.
(b) Where flammable or combustible liquids are used or handled,
except in closed containers, means shall be provided to dispose promptly
and safely of leakage or spills.
(c) Class I liquids may be used only where there are no open flames
or other sources of ignition within the possible path of vapor travel.
(d) Flammable or combustible liquids shall be drawn from or
transferred into vessels, containers, or portable tanks within a
building only through a closed piping system, from safety cans, by means
of a device drawing through the top, or from a container or portable
tanks by gravity through an approved self-closing valve. Transferring by
means of air pressure on the container or portable tanks shall be
prohibited.
(3) Unit physical operations--(i) Application. This subparagraph
shall be applicable in those portions of industrial plants where
flammable or combustible liquids are handled or used in unit physical
operations such as mixing, drying, evaporating, filtering, distillation,
and similar operations which do not involve chemical change. Examples
are plants compounding cosmetics, pharmaceuticals, solvents, cleaning
fluids, insecticides, and similar types of activities.
(ii) Location. Industrial plants shall be located so that each
building or unit of equipment is accessible from at least one side for
firefighting and fire control purposes. Buildings shall be located with
respect to lines of adjoining property which may be built upon as set
forth in paragraph (h)(2) (i) and (ii) of this section except that the
blank wall referred to in paragraph (h)(2)(ii) of this section shall
have a fire resistance rating of at least 2 hours.
(iii) Chemical processes. Areas where unstable liquids are handled
or small scale unit chemical processes are carried on shall be separated
from the remainder of the plant by a fire wall of 2-hour minimum fire
resistance rating.
(iv) Drainage. (a) Emergency drainage systems shall be provided to
direct flammable or combustible liquid leakage and fire protection water
to a safe location. This may require curbs, scuppers, or special
drainage systems to control the spread of fire; see paragraph
(b)(2)(vii)(b) of this section.
(b) Emergency drainage systems, if connected to public sewers or
discharged into public waterways, shall be equipped with traps or
separator.
(v) Ventilation. (a) Areas as defined in subdivision (i) of this
subparagraph using Class I liquids shall be ventilated
[[Page 247]]
at a rate of not less than 1 cubic foot per minute per square foot of
solid floor area. This shall be accomplished by natural or mechanical
ventilation with discharge or exhaust to a safe location outside of the
building. Provision shall be made for introduction of makeup air in such
a manner as not to short circuit the ventilation. Ventilation shall be
arranged to include all floor areas or pits where flammable vapors may
collect.
(b) Equipment used in a building and the ventilation of the building
shall be designed so as to limit flammable vapor-air mixtures under
normal operating conditions to the interior of equipment, and to not
more than 5 feet from equipment which exposes Class I liquids to the
air. Examples of such equipment are dispensing stations, open
centrifuges, plate and frame filters, open vacuum filters, and surfaces
of open equipment.
(vi) Storage and handling. The storage, transfer, and handling of
liquid shall comply with paragraph (h)(4) of this section.
(4) Tank vehicle and tank car loading and unloading. (i) Tank
vehicle and tank car loading or unloading facilities shall be separated
from aboveground tanks, warehouses, other plant buildings or nearest
line of adjoining property which may be built upon by a distance of 25
feet for Class I liquids and 15 feet for Class II and Class III liquids
measured from the nearest position of any fill stem. Buildings for pumps
or shelters for personnel may be a part of the facility. Operations of
the facility shall comply with the appropriate portions of paragraph
(f)(3) of this section.
(ii) [Reserved]
(5) Fire control--(i) Portable and special equipment. Portable fire
extinguishment and control equipment shall be provided in such
quantities and types as are needed for the special hazards of operation
and storage.
(ii) Water supply. Water shall be available in volume and at
adequate pressure to supply water hose streams, foam-producing
equipment, automatic sprinklers, or water spray systems as the need is
indicated by the special hazards of operation, dispensing and storage.
(iii) Special extinguishers. Special extinguishing equipment such as
that utilizing foam, inert gas, or dry chemical shall be provided as the
need is indicated by the special hazards of operation dispensing and
storage.
(iv) Special hazards. Where the need is indicated by special hazards
of operation, flammable or combustible liquid processing equipment,
major piping, and supporting steel shall be protected by approved water
spray systems, deluge systems, approved fire-resistant coatings,
insulation, or any combination of these.
(v) Maintenance. All plant fire protection facilities shall be
adequately maintained and periodically inspected and tested to make sure
they are always in satisfactory operating condition, and they will serve
their purpose in time of emergency.
(6) Sources of ignition--(i) General. Adequate precautions shall be
taken to prevent the ignition of flammable vapors. Sources of ignition
include but are not limited to open flames; lightning; smoking; cutting
and welding; hot surfaces; frictional heat; static, electrical, and
mechanical sparks; spontaneous ignition, including heat-producing
chemical reactions; and radiant heat.
(ii) Grounding. Class I liquids shall not be dispensed into
containers unless the nozzle and container are electrically
interconnected. Where the metallic floorplate on which the container
stands while filling is electrically connected to the fill stem or where
the fill stem is bonded to the container during filling operations by
means of a bond wire, the provisions of this section shall be deemed to
have been complied with.
(7) Electrical--(i) Equipment. (a) All electrical wiring and
equipment shall be installed according to the requirements of Subpart S
of this part.
(b) Locations where flammable vapor-air mixtures may exist under
normal operations shall be classified Class I, Division 1 according to
the requirements of Subpart S of this part. For those pieces of
equipment installed in accordance with subparagraph (3)(v)(b) of this
paragraph, the Division
[[Page 248]]
1 area shall extend 5 feet in all directions from all points of vapor
liberation. All areas within pits shall be classified Division 1 if any
part of the pit is within a Division 1 or 2 classified area, unless the
pit is provided with mechanical ventilation.
(c) Locations where flammable vapor-air mixtures may exist under
abnormal conditions and for a distance beyond Division 1 locations shall
be classified Division 2 according to the requirements of Subpart S of
this part. These locations include an area within 20 feet horizontally,
3 feet vertically beyond a Division 1 area, and up to 3 feet above floor
or grade level within 25 feet, if indoors, or 10 feet if outdoors, from
any pump, bleeder, withdrawal fitting, meter, or similar device handling
Class I liquids. Pits provided with adequate mechanical ventilation
within a Division 1 or 2 area shall be classified Division 2. If Class
II or Class III liquids only are handled, then ordinary electrical
equipment is satisfactory though care shall be used in locating
electrical apparatus to prevent hot metal from falling into open
equipment.
(d) Where the provisions of subdivisions (a), (b), and (c), of this
subdivision require the installation of electrical equipment suitable
for Class I, Division 1 or Division 2 locations, ordinary electrical
equipment including switchgear may be used if installed in a room or
enclosure which is maintained under positive pressure with respect to
the hazardous area. Ventilation makeup air shall be uncontaminated by
flammable vapors.
(8) Repairs to equipment. Hot work, such as welding or cutting
operations, use of spark-producing power tools, and chipping operations
shall be permitted only under supervision of an individual in
responsible charge. The individual in responsible charge shall make an
inspection of the area to be sure that it is safe for the work to be
done and that safe procedures will be followed for the work specified.
(9) Housekeeping--(i) General. Maintenance and operating practices
shall be in accordance with established procedures which will tend to
control leakage and prevent the accidental escape of flammable or
combustible liquids. Spills shall be cleaned up promptly.
(ii) Access. Adequate aisles shall be maintained for unobstructed
movement of personnel and so that fire protection equipment can be
brought to bear on any part of flammable or combustible liquid storage,
use, or any unit physical operation.
(iii) Waste and residue. Combustible waste material and residues in
a building or unit operating area shall be kept to a minimum, stored in
covered metal receptacles and disposed of daily.
(iv) Clear zone. Ground area around buildings and unit operating
areas shall be kept free of weeds, trash, or other unnecessary
combustible materials.
(f) Bulk plants--(1) Storage--(i) Class I liquids. Class I liquids
shall be stored in closed containers, or in storage tanks above ground
outside of buildings, or underground in accordance with paragraph (b) of
this section.
(ii) Class II and III liquids. Class II and Class III liquids shall
be stored in containers, or in tanks within buildings or above ground
outside of buildings, or underground in accordance with paragraph (b) of
this section.
(iii) Piling containers. Containers of flammable or combustible
liquids when piled one upon the other shall be separated by dunnage
sufficient to provide stability and to prevent excessive stress on
container walls. The height of the pile shall be consistent with the
stability and strength of containers.
(2) Buildings--(i) Exits. Rooms in which flammable or combustible
liquids are stored or handled by pumps shall have exit facilities
arranged to prevent occupants from being trapped in the event of fire.
(ii) Heating. Rooms in which Class I liquids are stored or handled
shall be heated only by means not constituting a source of ignition,
such as steam or hot water. Rooms containing heating appliances
involving sources of ignition shall be located and arranged to prevent
entry of flammable vapors.
(iii) Ventilation. (a) Ventilation shall be provided for all rooms,
buildings, or enclosures in which Class I liquids are pumped or
dispensed. Design of ventilation systems shall take into account the
relatively high specific gravity of the vapors. Ventilation may be
provided by adequate openings in outside
[[Page 249]]
walls at floor level unobstructed except by louvers or coarse screens.
Where natural ventilation is inadequate, mechanical ventilation shall be
provided.
(b) Class I liquids shall not be stored or handled within a building
having a basement or pit into which flammable vapors may travel, unless
such area is provided with ventilation designed to prevent the
accumulation of flammable vapors therein.
(c) Containers of Class I liquids shall not be drawn from or filled
within buildings unless provision is made to prevent the accumulation of
flammable vapors in hazardous concentrations. Where mechanical
ventilation is required, it shall be kept in operation while flammable
liquids are being handled.
(3) Loading and unloading facilities--(i) Separation. Tank vehicle
and tank car loading or unloading facilities shall be separated from
aboveground tanks, warehouses, other plant buildings or nearest line of
adjoining property that may be built upon by a distance of 25 feet for
Class I liquids and 15 feet for Class II and Class III liquids measured
from the nearest position of any fill spout. Buildings for pumps or
shelters for personnel may be a part of the facility.
(ii) Class restriction. Equipment such as piping, pumps, and meters
used for the transfer of Class I liquids between storage tanks and the
fill stem of the loading rack shall not be used for the transfer of
Class II or Class III liquids.
(iii) Valves. Valves used for the final control for filling tank
vehicles shall be of the self-closing type and manually held open except
where automatic means are provided for shutting off the flow when the
vehicle is full or after filling of a preset amount.
(iv) Static protection. (a) Bonding facilities for protection
against static sparks during the loading of tank vehicles through open
domes shall be provided:
(1) Where Class I liquids are loaded, or
(2) Where Class II or Class III liquids are loaded into vehicles
which may contain vapors from previous cargoes of Class I liquids.
(b) Protection as required in (a) of this subdivision (iv) shall
consist of a metallic bond wire permanently electrically connected to
the fill stem or to some part of the rack structure in electrical
contact with the fill stem. The free end of such wire shall be provided
with a clamp or equivalent device for convenient attachment to some
metallic part in electrical contact with the cargo tank of the tank
vehicle.
(c) Such bonding connection shall be made fast to the vehicle or
tank before dome covers are raised and shall remain in place until
filling is completed and all dome covers have been closed and secured.
(d) Bonding as specified in (a), (b), and (c) of this subdivision is
not required:
(1) Where vehicles are loaded exclusively with products not having a
static accumulating tendency, such as asphalt, most crude oils, residual
oils, and water soluble liquids;
(2) Where no Class I liquids are handled at the loading facility and
the tank vehicles loaded are used exclusively for Class II and Class III
liquids; and
(3) Where vehicles are loaded or unloaded through closed bottom or
top connections.
(e) Filling through open domes into the tanks of tank vehicles or
tank cars, that contain vapor-air mixtures within the flammable range or
where the liquid being filled can form such a mixture, shall be by means
of a downspout which extends near the bottom of the tank. This
precaution is not required when loading liquids which are
nonaccumulators of static charges.
(v) Stray currents. Tank car loading facilities where Class I
liquids are loaded through open domes shall be protected against stray
currents by bonding the pipe to at least one rail and to the rack
structure if of metal. Multiple lines entering the rack area shall be
electrically bonded together. In addition, in areas where excessive
stray currents are known to exist, all pipe entering the rack area shall
be provided with insulating sections to electrically isolate the rack
piping from the pipelines. No bonding between the tank car and the rack
or piping is required during either loading or unloading of Class II or
III liquids.
[[Page 250]]
(vi) Container filling facilities. Class I liquids shall not be
dispensed into containers unless the nozzle and container are
electrically interconnected. Where the metallic floorplate on which the
container stands while filling is electrically connected to the fill
stem or where the fill stem is bonded to the container during filling
operations by means of a bond wire, the provisions of this section shall
be deemed to have been complied with.
(4) Wharves--(i) Definition, application. The term wharf shall mean
any wharf, pier, bulkhead, or other structure over or contiguous to
navigable water used in conjunction with a bulk plant, the primary
function of which is the transfer of flammable or combustible liquid
cargo in bulk between the bulk plant and any tank vessel, ship, barge,
lighter boat, or other mobile floating craft; and this subparagraph
shall apply to all such installations except Marine Service Stations as
covered in paragraph (g) of this section.
(ii)-(iii) [Reserved]
(iv) Design and construction. Substructure and deck shall be
substantially designed for the use intended. Deck may employ any
material which will afford the desired combination of flexibility,
resistance to shock, durability, strength, and fire resistance. Heavy
timber construction is acceptable.
(v) [Reserved]
(vi) Pumps. Loading pumps capable of building up pressures in excess
of the safe working pressure of cargo hose or loading arms shall be
provided with bypasses, relief valves, or other arrangement to protect
the loading facilities against excessive pressure. Relief devices shall
be tested at not more than yearly intervals to determine that they
function satisfactorily at the pressure at which they are set.
(vii) Hoses and couplings. All pressure hoses and couplings shall be
inspected at intervals appropriate to the service. The hose and
couplings shall be tested with the hose extended and using the
``inservice maximum operating pressures.'' Any hose showing material
deteriorations, signs of leakage, or weakness in its carcass or at the
couplings shall be withdrawn from service and repaired or discarded.
(viii) Piping and fittings. Piping, valves, and fittings shall be in
accordance with paragraph (c) of this section, with the following
exceptions and additions:
(a) Flexibility of piping shall be assured by appropriate layout and
arrangement of piping supports so that motion of the wharf structure
resulting from wave action, currents, tides, or the mooring of vessels
will not subject the pipe to repeated strain beyond the elastic limit.
(b) Pipe joints depending upon the friction characteristics of
combustible materials or grooving of pipe ends for mechanical continuity
of piping shall not be used.
(c) Swivel joints may be used in piping to which hoses are
connected, and for articulated swivel-joint transfer systems, provided
that the design is such that the mechanical strength of the joint will
not be impaired if the packing material should fail, as by exposure to
fire.
(d) Piping systems shall contain a sufficient number of valves to
operate the system properly and to control the flow of liquid in normal
operation and in the event of physical damage.
(e) In addition to the requirements of subdivision (d) of this
subdivision, each line conveying flammable liquids leading to a wharf
shall be provided with a readily accessible block valve located on shore
near the approach to the wharf and outside of any diked area. Where more
than one line is involved, the valves shall be grouped in one location.
(f) Means of easy access shall be provided for cargo line valves
located below the wharf deck.
(g) Pipelines on flammable or combustible liquids wharves shall be
adequately bonded and grounded. If excessive stray currents are
encountered, insulating joints shall be installed. Bonding and grounding
connections on all pipelines shall be located on wharfside of hose-riser
insulating flanges, if used, and shall be accessible for inspection.
(h) Hose or articulated swivel-joint pipe connections used for cargo
transfer shall be capable of accommodating the combined effects of
change in draft and maximum tidal range, and mooring lines shall be kept
adjusted to prevent
[[Page 251]]
the surge of the vessel from placing stress on the cargo transfer
system.
(i) Hose shall be supported so as to avoid kinking and damage from
chafing.
(ix) Fire protection. Suitable portable fire extinguishers with a
rating of not less than 12-BC shall be located within 75 feet of those
portions of the facility where fires are likely to occur, such as hose
connections, pumps, and separator tanks.
(a) Where piped water is available, ready-connected fire hose in
size appropriate for the water supply shall be provided so that
manifolds where connections are made and broken can be reached by at
least one hose stream.
(b) Material shall not be placed on wharves in such a manner as to
obstruct access to firefighting equipment, or important pipeline control
valves.
(c) Where the wharf is accessible to vehicle traffic, an
unobstructed roadway to the shore end of the wharf shall be maintained
for access of firefighting apparatus.
(x) Operations control. Loading or discharging shall not commence
until the wharf superintendent and officer in charge of the tank vessel
agree that the tank vessel is properly moored and all connections are
properly made. Mechanical work shall not be performed on the wharf
during cargo transfer, except under special authorization based on a
review of the area involved, methods to be employed, and precautions
necessary.
(5) Electrical equipment--(i) Application. This subparagraph shall
apply to areas where Class I liquids are stored or handled. For areas
where Class II or Class III liquids only are stored or handled, the
electrical equipment may be installed in accordance with the provisions
of Subpart S of this part, for ordinary locations.
(ii) Conformance. All electrical equipment and wiring shall be of a
type specified by and shall be installed in accordance with Subpart S of
this part.
(iii) Classification. So far as it applies Table H-18 shall be used
to delineate and classify hazardous areas for the purpose of
installation of electrical equipment under normal circumstances. In
Table H-18 a classified area shall not extend beyond an unpierced wall,
roof, or other solid partition. The area classifications listed shall be
based on the premise that the installation meets the applicable
requirements of this section in all respects.
(6) Sources of ignition. Class I liquids shall not be handled,
drawn, or dispensed where flammable vapors may reach a source of
ignition. Smoking shall be prohibited except in designated localities.
``No Smoking'' signs shall be conspicuously posted where hazard from
flammable liquid vapors is normally present.
(7) Drainage and waste disposal. Provision shall be made to prevent
flammable or combustible liquids which may be spilled at loading or
unloading points from entering public sewers and drainage systems, or
natural waterways. Connection to such sewers, drains, or waterways by
which flammable or combustible liquids might enter shall be provided
with separator boxes or other approved means whereby such entry is
precluded. Crankcase drainings and flammable or combustible liquids
shall not be dumped into sewers, but shall be stored in tanks or tight
drums outside of any building until removed from the premises.
(8) Fire control. Suitable fire-control devices, such as small hose
or portable fire extinguishers, shall be available to locations where
fires are likely to occur. Additional fire-control equipment may be
required where a tank of more than 50,000 gallons individual capacity
contains Class I liquids and where an unusual exposure hazard exists
from surrounding property. Such additional fire-control equipment shall
be sufficient to extinguish a fire in the largest tank. The design and
amount of such equipment shall be in accordance with approved
engineering standards.
(g) Service stations--(1) Storage and handling--(i) General
provisions. (a) Liquids shall be stored in approved closed containers
not exceeding 60 gallons capacity, in tanks located underground, in
tanks in special enclosures as described in paragraph (g)(i) of this
section, or in aboveground tanks as provided for in paragraphs
(g)(4)(ii), (b), (c) and (d) of this section.
(b) Aboveground tanks, located in an adjoining bulk plant, may be
connected
[[Page 252]]
by piping to service station underground tanks if, in addition to valves
at aboveground tanks, a valve is also installed within control of
service station personnel.
(c) Apparatus dispensing Class I liquids into the fuel tanks of
motor vehicles of the public shall not be located at a bulk plant unless
separated by a fence or similar barrier from the area in which bulk
operations are conducted.
(d) [Reserved]
(e) The provisions of paragraph (g)(1)(i)(a) of this section shall
not prohibit the dispensing of flammable liquids in the open from a tank
vehicle to a motor vehicle. Such dispensing shall be permitted provided:
(1) The tank vehicle complies with the requirements covered in the
Standard on Tank Vehicles for Flammable Liquids, NFPA 385-1966.
(2) The dispensing is done on premises not open to the public.
(3) [Reserved]
(4) The dispensing hose does not exceed 50 feet in length.
(5) The dispensing nozzle is a listed automatic-closing type without
a latchopen device.
(f) Class I liquids shall not be stored or handled within a building
having a basement or pit into which flammable vapors may travel, unless
such area is provided with ventilation designed to prevent the
accumulation of flammable vapors therein.
(g) [Reserved]
Table H-18--Electrical Equipment Hazardous Areas--Bulk Plants
------------------------------------------------------------------------
Class I
Location Group D Extent of classified area
division
------------------------------------------------------------------------
Tank vehicle and tank car:
\1\
Loading through open dome.. 1 Within 3 feet of edge of
dome, extending in all
directions.
2 Area between 3 feet and 5
feet from edge of dome,
extending in all directions.
Loading through bottom 1 Within 3 feet of point of
connections with venting to atmosphere
atmospheric venting. extending in all directions.
2 Area between 3 feet and 5
feet from point of venting
to atmosphere, extending in
all directions. Also up to
18 inches above grade within
a horizontal radius of 10
feet from point of loading
connection.
Loading through closed dome 1 Within 3 feet of open end of
with atmospheric venting. 2 vent, extending in all
directions.
Area between 3 feet and 5
feet from open end of vent,
extending in all directions.
Also within 3 feet of edge
of dome, extending in all
directions.
Loading through closed dome 2 Within 3 feet of point of
with vapor recovery. connection of both fill and
vapor lines, extending in
all directions.
Bottom loading with vapor 2 Within 3 feet of point of
recovery or any bottom connections extending in all
unloading. directions. Also up to 18
inches above grade with in a
horizontal radius of 10 feet
from point of connection.
Drum and container filling:
Outdoors, or indoors with 1 Within 3 feet of vent and
adequate ventilation. fill opening, extending in
all directions.
2 Area between 3 feet and 5
feet from vent or fill
opening, extending in all
directions. Also up to 18
inches above floor or grade
level within a horizontal
radius of 10 feet from vent
or fill opening.
Outdoors, or indoors with 1 Within 3 feet of vent and
adequate ventilation. fill opening, extending in
all directions.
2 Area between 3 feet and 5
feet from vent or fill
opening, extending in all
directions. Also up to 18
inches above floor or grade
level within a horizontal
radius of 10 feet from vent
or fill opening.
Tank--Aboveground:
Shell, ends, or roof and 2 Within 10 feet from shell,
dike area. ends, or roof of tank, Area
inside dikes to level of top
of dike.
Vent....................... 1 Within 5 feet of open end of
vent, extending in all
directions.
2 Area between 5 feet and 10
feet from open end of vent,
extending in all directions.
Floating roof.............. 1 Area above the roof and
within the shell.
Pits:
Without mechanical 1 Entire area within pit if any
ventilation. part is within a Division 1
or 2 classified area.
With mechanical ventilation 2 Entire area within pit if any
part is within a Division 1
or 2 classified area.
[[Page 253]]
Containing valves, fittings 2 Entire pit.
or piping, and not within
a Division 1 or 2
classified area.
Pumps, bleeders, withdrawal
fittings, meters and similar
devices:
Indoors.................... 2 Within 5 feet of any edge of
such devices, extending in
all directions. Also up to 3
feet above floor or grade
level within 25 feet
horizontally from any edge
of such devices.
Outdoors................... 2 Within 3 feet of any edge of
such devices, extending in
all directions. Also up to
18 inches above grade level
within 10 feet horizontally
from any edge of such
devices.
Storage and repair garage 1 All pits or spaces below
for tank vehicles. floor level.
2 Area up to 18 inches above
floor or grade level for
entire storage or repair
garage.
Drainage ditches, 2 Area up to 18 inches above
separators, impounding ditch, separator or basin.
basins. Also up to 18 inches above
grade within 15 feet
horizontally from any edge.
Garages for other than tank (\2\ ) If there is any opening to
vehicles. these rooms within the
extent of an outdoor
classified area, the entire
room shall be classified the
same as the area
classification at the point
of the opening.
Outdoor drum storage....... (\2\ )
Indoor warehousing where (\2\ ) If there is any opening to
there is no flammable these rooms within the
liquid transfer. extent of an indoor
classified are, the room
shall be classified the same
as if the wall, curb or
partition did not exist.
Office and rest rooms...... (\2\ )
------------------------------------------------------------------------
\1\ When classifying the extent of the area, consideration shall be
given to the fact that tank cars or tank vehicles may be spotted at
varying points. Therefore, the extremities of the loading or unloading
positions shall be used.
\2\ Ordinary.
(ii) Special enclosures. (a) When installation of tanks in
accordance with paragraph (b)(3) of this section is impractical because
of property or building limitations, tanks for flammable or combustible
liquids may be installed in buildings if properly enclosed.
(b) The enclosure shall be substantially liquid and vaportight
without backfill. Sides, top, and bottom of the enclosure shall be of
reinforced concrete at least 6 inches thick, with openings for
inspection through the top only. Tank connections shall be so piped or
closed that neither vapors nor liquid can escape into the enclosed
space. Means shall be provided whereby portable equipment may be
employed to discharge to the outside any liquid or vapors which might
accumulate should leakage occur.
(iii) Inside buildings. (a) Except where stored in tanks as provided
in subdivision (ii) of this subparagraph, no Class I liquids shall be
stored within any service station building except in closed containers
of aggregate capacity not exceeding 60 gallons. One container not
exceeding 60 gallons capacity equipped with an approved pump is
permitted.
(b) Class I liquids may be transferred from one container to another
in lubrication or service rooms of a service station building provided
the electrical installation complies with Table H-19 and provided that
any heating equipment complies with subparagraph (6) of this paragraph.
(c) Class II and Class III liquids may be stored and dispensed
inside service station buildings from tanks of not more than 120 gallons
capacity each.
(iv) [Reserved]
(v) Dispensing into portable containers. No delivery of any Class I
liquids shall be made into portable containers unless the container is
constructed of metal, has a tight closure with screwed or spring cover,
and is fitted with a spout or so designed that the contents can be
poured without spilling.
(2) [Reserved]
(3) Dispensing systems--(i) Location. Dispensing devices at
automotive service stations shall be so located that all parts of the
vehicle being served will be on the premises of the service station.
[[Page 254]]
(ii) Inside location. Approved dispensing units may be located
inside of buildings. The dispensing area shall be separated from other
areas in an approved manner. The dispensing unit and its piping shall be
mounted either on a concrete island or protected against collision
damage by suitable means and shall be located in a position where it
cannot be struck by a vehicle descending a ramp or other slope out of
control. The dispensing area shall be provided with an approved
mechanical or gravity ventilation system. When dispensing units are
located below grade, only approved mechanical ventilation shall be used
and the entire dispensing area shall be protected by an approved
automatic sprinkler system. Ventilating systems shall be electrically
interlocked with gasoline dispensing units so that the dispensing units
cannot be operated unless the ventilating fan motors are energized.
(iii) Emergency power cutoff. A clearly identified and easily
accessible switch(es) or a circuit breaker(s) shall be provided at a
location remote from dispensing devices, including remote pumping
systems, to shut off the power to all dispensing devices in the event of
an emergency.
(iv) Dispensing units. (a) Class I liquids shall be transferred from
tanks by means of fixed pumps so designed and equipped as to allow
control of the flow and to prevent leakage or accidental discharge.
(b)(1) Only listed devices may be used for dispensing Class I
liquids. No such device may be used if it shows evidence of having been
dismantled.
(2) Every dispensing device for Class I liquids installed after
December 31, 1978, shall contain evidence of listing so placed that any
attempt to dismantle the device will result in damage to such evidence,
visible without disassembly or dismounting of the nozzle.
(c) Class I liquids shall not be dispensed by pressure from drums,
barrels, and similar containers. Approved pumps taking suction through
the top of the container or approved self-closing faucets shall be used.
(d) The dispensing units, except those attached to containers, shall
be mounted either on a concrete island or protected against collision
damage by suitable means.
(v) Remote pumping systems.
(a) This subdivision shall apply to systems for dispensing Class I
liquids where such liquids are transferred from storage to individual or
multiple dispensing units by pumps located elsewhere than at the
dispensing units.
(b) Pumps shall be designed or equipped so that no part of the
system will be subjected to pressures above its allowable working
pressure. Pumps installed above grade, outside of buildings, shall be
located not less than 10 feet from lines of adjoining property which may
be built upon, and not less than 5 feet from any building opening. When
an outside pump location is impractical, pumps may be installed inside
of buildings, as provided for dispensers in subdivision (ii) of this
subparagraph, or in pits as provided in subdivision (c) of this
subdivision. Pumps shall be substantially anchored and protected against
physical damage by vehicles.
(c) Pits for subsurface pumps or piping manifolds of submersible
pumps shall withstand the external forces to which they may be subjected
without damage to the pump, tank, or piping. The pit shall be no larger
than necessary for inspection and maintenance and shall be provided with
a fitted cover.
(d) A control shall be provided that will permit the pump to operate
only when a dispensing nozzle is removed from its bracket on the
dispensing unit and the switch on this dispensing unit is manually
actuated. This control shall also stop the pump when all nozzles have
been returned to their brackets.
(e) An approved impact valve, incorporating a fusible link, designed
to close automatically in the event of severe impact or fire exposure
shall be properly installed in the dispensing supply line at the base of
each individual dispensing device.
(f) Testing. After the completion of the installation, including any
paving, that section of the pressure piping system between the pump
discharge and
[[Page 255]]
the connection for the dispensing facility shall be tested for at least
30 minutes at the maximum operating pressure of the system. Such tests
shall be repeated at 5-year intervals thereafter.
(vi) Delivery nozzles. (a) A listed manual or automatic-closing type
hose nozzle valve shall be provided on dispensers used for the
dispensing of Class I liquids.
(b) Manual-closing type valves shall be held open manually during
dispensing. Automatic-closing type valves may be used in conjunction
with an approved latch-open device.
(4) Marine service stations--(i) Dispensing. (a) The dispensing area
shall be located away from other structures so as to provide room for
safe ingress and egress of craft to be fueled. Dispensing units shall in
all cases be at least 20 feet from any activity involving fixed sources
of ignition.
(b) Dispensing shall be by approved dispensing units with or without
integral pumps and may be located on open piers, wharves, or floating
docks or on shore or on piers of the solid fill type.
(c) Dispensing nozzles shall be automatic-closing without a hold-
open latch.
(ii) Tanks and pumps. (a) Tanks, and pumps not integral with the
dispensing unit, shall be on shore or on a pier of the solid fill type,
except as provided in paragraphs (g)(4)(ii) (b) and (c) of this section.
(b) Where shore location would require excessively long supply lines
to dispensers, tanks may be installed on a pier provided that applicable
portions of paragraph (b) of this section relative to spacing, diking,
and piping are complied with and the quantity so stored does not exceed
1,100 gallons aggregate capacity.
(c) Shore tanks supplying marine service stations may be located
above ground, where rock ledges or high water table make underground
tanks impractical.
(d) Where tanks are at an elevation which would produce gravity head
on the dispensing unit, the tank outlet shall be equipped with a
pressure control valve positioned adjacent to and outside the tank block
valve specified in paragraph (b)(2)(ix)(b) of this section, so adjusted
that liquid cannot flow by gravity from the tank in case of piping or
hose failure.
(iii) Piping. (a) Piping between shore tanks and dispensing units
shall be as described in paragraph (c) of this section, except that,
where dispensing is from a floating structure, suitable lengths of oil-
resistant flexible hose may be employed between the shore piping and the
piping on the floating structure as made necessary by change in water
level or shoreline.
Table H-19--Electrical Equipment Hazardous Areas--Service Stations
------------------------------------------------------------------------
Class I
Location Group D Extent of classified area
division
------------------------------------------------------------------------
Underground tank:
Fill opening............... 1 Any pit, box or space below
grade level, any part of
which is within the Division
1 or 2 classified area.
2 Up to 18 inches above grade
level within a horizontal
radius of 10 feet from a
loose fill connection and
within a horizontal radius
of 5 feet from a tight fill
connection.
Vent--Discharging upward... 1 Within 3 feet of open end of
vent, extending in all
directions.
2 Area between 3 feet and 5
feet of open end of vent,
extending in all directions.
Dispenser:
Pits....................... 1 Any pit, box or space below
grade level, any part of
which is within the Division
1 or 2 classified area.
Dispenser enclosure........ 1 The area 4 feet vertically
above base within the
enclosure and 18 inches
horizontally in all
directions.
Outdoor.................... 2 Up to 18 inches above grade
level within 20 feet
horizontally of any edge of
enclosure.
Indoor:
With mechanical ventilation 2 Up to 18 inches above grade
or floor level within 20
feet horizontally of any
edge of enclosure.
With gravity ventilation... 2 Up to 18 inches above grade
or floor level within 25
feet horizontally of any
edge of enclosure.
Remote pump--Outdoor....... 1 Any pit, box or space below
grade level if any part is
within a horizontal distance
of 10 feet from any edge of
pump.
[[Page 256]]
2 Within 3 feet of any edge of
pump, extending in all
directions. Also up to 18
inches above grade level
within 10 feet horizontally
from any edge of pump.
Remote pump--Indoor........ 1 Entire area within any pit.
2 Within 5 feet of any edge of
pump, extending in all
directions. Also up to 3
feet above floor or grade
level within 25 feet
horizontally from any edge
of pump.
Lubrication or service room 1 Entire area within any pit.
2 Area up to 18 inches above
floor or grade level within
entire lubrication room.
Dispenser for Class I 2 Within 3 feet of any fill or
liquids. dispensing point, extending
in all directions.
Special enclosure inside 1 Entire enclosure.
building per Sec. 1910.-
106(f)(1)(ii).
Sales, storage and rest (\1\ ) If there is any opening to
rooms. these rooms within the
extent of a Division 1 area,
the entire room shall be
classified as Division 1.
------------------------------------------------------------------------
\1\ Ordinary.
(b) A readily accessible valve to shut off the supply from shore
shall be provided in each pipeline at or near the approach to the pier
and at the shore end of each pipeline adjacent to the point where
flexible hose is attached.
(c) Piping shall be located so as to be protected from physical
damage.
(d) Piping handling Class I liquids shall be grounded to control
stray currents.
(5) Electrical equipment--(i) Application. This subparagraph shall
apply to areas where Class I liquids are stored or handled. For areas
where Class II or Class III liquids are stored or handled the electrical
equipment may be installed in accordance with the provisions of subpart
S of this part, for ordinary locations.
(ii) All electrical equipment and wiring shall be of a type
specified by and shall be installed in accordance with subpart S of this
part.
(iii) So far as it applies. Table H-19 shall be used to delineate
and classify hazardous areas for the purpose of installation of
electrical equipment under normal circumstances. A classified area shall
not extend beyond an unpierced wall, roof, or other solid partition.
(iv) The area classifications listed shall be based on the
assumption that the installation meets the applicable requirements of
this section in all respects.
(6) Heating equipment--(i) Conformance. Heating equipment shall be
installed as provided in paragraphs (g)(6) (ii) through (v) of this
section.
(ii) Application. Heating equipment may be installed in the
conventional manner in an area except as provided in paragraph (g)(6)
(iii), (iv), or (v) of this section.
(iii) Special room. Heating equipment may be installed in a special
room separated from an area classified by Table H-19 by walls having a
fire resistance rating of at least 1 hour and without any openings in
the walls within 8 feet of the floor into an area classified in Table H-
19. This room shall not be used for combustible storage and all air for
combustion purposes shall come from outside the building.
(iv) Work areas. Heating equipment using gas or oil fuel may be
installed in the lubrication, sales, or service room where there is no
dispensing or transferring of Class I liquids provided the bottom of the
combustion chamber is at least 18 inches above the floor and the heating
equipment is protected from physical damage by vehicles. Heating
equipment using gas or oil fuel listed for use in garages may be
installed in the lubrication or service room where Class I liquids are
dispensed provided the equipment is installed at least 8 feet above the
floor.
(v) Electric heat. Electrical heating equipment shall conform to
paragraph (g)(5) of this section.
[[Page 257]]
(7) Drainage and waste disposal. Provision shall be made in the area
where Class I liquids are dispensed to prevent spilled liquids from
flowing into the interior of service station buildings. Such provision
may be by grading driveways, raising door sills, or other equally
effective means. Crankcase drainings and flammable or combustible
liquids shall not be dumped into sewers but shall be stored in tanks or
drums outside of any building until removed from the premises.
(8) Sources of ignition. In addition to the previous restrictions of
this paragraph, the following shall apply: There shall be no smoking or
open flames in the areas used for fueling, servicing fuel systems for
internal combustion engines, receiving or dispensing of flammable or
combustible liquids. Conspicuous and legible signs prohibiting smoking
shall be posted within sight of the customer being served. The motors of
all equipment being fueled shall be shut off during the fueling
operation.
(9) Fire control. Each service station shall be provided with at
least one fire extinguisher having a minimum approved classification of
6 B, C, located so that an extinguisher, will be within 75 feet of each
pump, dispenser, underground fill pipe opening, and lubrication or
service room.
(h) Processing plants--(1) Scope. This paragraph shall apply to
those plants or buildings which contain chemical operations such as
oxidation, reduction, halogenation, hydrogenation, alkylation,
polymerization, and other chemical processes but shall not apply to
chemical plants, refineries or distilleries.
(2) Location--(i) Classification. The location of each processing
vessel shall be based upon its flammable or combustible liquid capacity.
(ii) [Reserved]
(3) Processing building--(i) Construction. (a) Processing buildings
shall be of fire-resistance or noncombustible construction, except heavy
timber construction with load-bearing walls may be permitted for plants
utilizing only stable Class II or Class III liquids. Except as provided
in paragraph (h)(2)(ii) of this section or in the case of explosion
resistant walls used in conjunction with explosion relieving facilities,
see paragraph (h)(3)(iv) of this section, load-bearing walls are
prohibited. Buildings shall be without basements or covered pits.
(b) Areas shall have adequate exit facilities arranged to prevent
occupants from being trapped in the event of fire. Exits shall not be
exposed by the drainage facilities described in paragraph (h)(ii) of
this section.
(ii) Drainage. (a) Emergency drainage systems shall be provided to
direct flammable or combustible liquid leakage and fire protection water
to a safe location. This may require curbs, scuppers, or special
drainage systems to control the spread of fire, see paragraph
(b)(2)(vii)(b) of this section.
(b) Emergency drainage systems, if connected to public sewers or
discharged into public waterways, shall be equipped with traps or
separators.
(iii) Ventilation. (a) Enclosed processing buildings shall be
ventilated at a rate of not less than 1 cubic foot per minute per square
foot of solid floor area. This shall be accomplished by natural or
mechanical ventilation with discharge or exhaust to a safe location
outside of the building. Provisions shall be made for introduction of
makeup air in such a manner as not to short circuit the ventilation.
Ventilation shall be arranged to include all floor areas or pits where
flammable vapors may collect.
(b) Equipment used in a building and the ventilation of the building
shall be designed so as to limit flammable vapor-air mixtures under
normal operating conditions to the interior of equipment, and to not
more than 5 feet from equipment which exposes Class I liquids to the
air. Examples of such equipment are dispensing stations, open
centrifuges, plate and frame filters, open vacuum filters, and surfaces
of open equipment.
(iv) Explosion relief. Areas where Class IA or unstable liquids are
processed shall have explosion venting through one or more of the
following methods:
(a) Open air construction.
(b) Lightweight walls and roof.
(c) Lightweight wall panels and roof hatches.
(d) Windows of explosion venting type.
[[Page 258]]
(4) Liquid handling--(i) Storage. (a) The storage of flammable or
combustible liquids in tanks shall be in accordance with the applicable
provisions of paragraph (b) of this section.
(b) If the storage of flammable or combustible liquids in outside
aboveground or underground tanks is not practical because of temperature
or production considerations, tanks may be permitted inside of buildings
or structures in accordance with the applicable provisions of paragraph
(b) of this section.
(c) Storage tanks inside of buildings shall be permitted only in
areas at or above grade which have adequate drainage and are separated
from the processing area by construction having a fire resistance rating
of at least 2 hours.
(d) The storage of flammable or combustible liquids in containers
shall be in accordance with the applicable provisions of paragraph (d)
of this section.
(ii) Piping, valves, and fittings. (a) Piping, valves, and fittings
shall be in accordance with paragraph (c) of this section.
(b) Approved flexible connectors may be used where vibration exists
or where frequent movement is necessary. Approved hose may be used at
transfer stations.
(c) Piping containing flammable or combustible liquids shall be
identified.
(iii) Transfer. (a) The transfer of large quantities of flammable or
combustible liquids shall be through piping by means of pumps or water
displacement. Except as required in process equipment, gravity flow
shall not be used. The use of compressed air as a transferring medium is
prohibited.
(b) Positive displacement pumps shall be provided with pressure
relief discharging back to the tank or to pump suction.
(iv) Equipment. (a) Equipment shall be designed and arranged to
prevent the unintentional escape of liquids and vapors and to minimize
the quantity escaping in the event of accidental release.
(b) Where the vapor space of equipment is usually within the
flammable range, the probability of explosion damage to the equipment
can be limited by inerting, by providing an explosion suppression
system, or by designing the equipment to contain the peak explosion
pressure which may be modified by explosion relief. Where the special
hazards of operation, sources of ignition, or exposures indicate a need,
consideration shall be given to providing protection by one or more of
the above means.
(5) Tank vehicle and tank car loading and unloading. Tank vehicle
and tank car loading or unloading facilities shall be separated from
aboveground tanks, warehouses, other plant buildings, or nearest line of
adjoining property which may be built upon by a distance of 25 feet for
Class I liquids and 15 feet for Class II and Class III liquids measured
from the nearest position of any fill stem. Buildings for pumps or
shelters for personnel may be a part of the facility. Operations of the
facility shall comply with the appropriate portions of paragraph (f)(3)
of this section.
(6) Fire control--(i) Portable extinguishers. Approved portable fire
extinguishers of appropriate size, type, and number shall be provided.
(ii) Other controls. Where the special hazards of operation or
exposure indicate a need, the following fire control provision shall be
provided.
(a) A reliable water supply shall be available in pressure and
quantity adequate to meet the probable fire demands.
(b) Hydrants shall be provided in accordance with accepted good
practice.
(c) Hose connected to a source of water shall be installed so that
all vessels, pumps, and other equipment containing flammable or
combustible liquids can be reached with at least one hose stream.
Nozzles that are capable of discharging a water spray shall be provided.
(d) Processing plants shall be protected by an approved automatic
sprinkler system or equivalent extinguishing system. If special
extinguishing systems including but not limited to those employing foam,
carbon dioxide, or dry chemical are provided, approved equipment shall
be used and installed in an approved manner.
(iii) Alarm systems. An approved means for prompt notification of
fire to those within the plant and any public fire department available
shall be
[[Page 259]]
provided. It may be advisable to connect the plant system with the
public system where public fire alarm system is available.
(iv) Maintenance. All plant fire protection facilities shall be
adequately maintained and periodically inspected and tested to make sure
they are always in satisfactory operating condition and that they will
serve their purpose in time of emergency.
(7) Sources of ignition--(i) General. (a) Precautions shall be taken
to prevent the ignition of flammable vapors. Sources of ignition include
but are not limited to open flames; lightning; smoking; cutting and
welding; hot surfaces; frictional heat; static, electrical, and
mechanical sparks; spontaneous ignition, including heat-producing
chemical reactions; and radiant heat.
(b) Class I liquids shall not be dispensed into containers unless
the nozzle and container are electrically interconnected. Where the
metallic floorplate on which the container stands while filling is
electrically connected to the fill stem or where the fill stem is bonded
to the container during filling operations by means of a bond wire, the
provisions of this section shall be deemed to have been complied with.
(ii) Maintenance and repair. (a) When necessary to do maintenance
work in a flammable or combustible liquid processing area, the work
shall be authorized by a responsible representative of the employer.
(b) Hot work, such as welding or cutting operations, use of spark-
producing power tools, and chipping operations shall be permitted only
under supervision of an individual in responsible charge who shall make
an inspection of the area to be sure that it is safe for the work to be
done and that safe procedures will be followed for the work specified.
(iii) Electrical. (a) All electric wiring and equipment shall be
installed in accordance with subpart S of this part.
(b) Locations where flammable vapor-air mixtures may exist under
normal operations shall be classified Class I, Division 1 according to
the requirements of subpart S of this part. For those pieces of
equipment installed in accordance with paragraph (h)(3)(iii)(b) of this
section, the Division 1 area shall extend 5 feet in all directions from
all points of vapor liberation. All areas within pits shall be
classified Division 1 if any part of the pit is within a Division 1 or 2
classified area, unless the pit is provided with mechanical ventilation.
(c) Locations where flammable vapor-air mixtures may exist under
abnormal conditions and for a distance beyond Division 1 locations shall
be classified Division 2 according to the requirements of subpart S of
this part. These locations include an area within 20 feet horizontally,
3 feet vertically beyond a Division 1 area, and up to 3 feet above floor
or grade level within 25 feet, if indoors, or 10 feet if outdoors, from
any pump, bleeder, withdrawal fitting, meter, or similar device handling
Class I liquids. Pits provided with adequate mechanical ventilation
within a Division 1 or 2 area shall be classified Division 2. If Class
II or Class III liquids only are handled, then ordinary electrical
equipment is satisfactory though care shall be used in locating
electrical apparatus to prevent hot metal from falling into open
equipment.
(d) Where the provisions of paragraphs (h)(7)(iii) (a), (b), and (c)
of this section require the installation of explosion-proof equipment,
ordinary electrical equipment including switchgear may be used if
installed in a room or enclosure which is maintained under positive
pressure with respect to the hazardous area. Ventilation makeup air
shall be uncontaminated by flammable vapors.
(8) Housekeeping--(i) General. Maintenance and operating practices
shall be in accordance with established procedures which will tend to
control leakage and prevent the accidental escape of flammable or
combustible liquids. Spills shall be cleaned up promptly.
(ii) Access. Adequate aisles shall be maintained for unobstructed
movement of personnel and so that fire protection equipment can be
brought to bear on any part of the processing equipment.
(iii) Waste and residues. Combustible waste material and residues in
a building or operating area shall be kept to a minimum, stored in
closed metal waste cans, and disposed of daily.
[[Page 260]]
(iv) Clear zone. Ground area around buildings and operating areas
shall be kept free of tall grass, weeds, trash, or other combustible
materials.
(i) Refineries, chemical plants, and distilleries--(1) Storage
tanks. Flammable or combustible liquids shall be stored in tanks, in
containers, or in portable tanks. Tanks shall be installed in accordance
with paragraph (b) of this section. Tanks for the storage of flammable
or combustible liquids in tank farms and in locations other than process
areas shall be located in accordance with paragraph (b)(2) (i) and (ii)
of this section.
(2) Wharves. Wharves handling flammable or combustible liquids shall
be in accordance with paragraph (f)(4) of this section.
(3) Fired and unfired pressure vessels--(i) Fired vessels. Fired
pressure vessels shall be constructed in accordance with the Code for
Fired Pressure Vessels, Section I of the ASME Boiler and Pressure Vessel
Code--1968.
(ii) Unfired vessels shall be constructed in accordance with the
Code for Unfired Pressure Vessels, Section VIII of the ASME Boiler and
Pressure Vessel Code--1968.
(4) Location of process units. Process units shall be located so
that they are accessible from at least one side for the purpose of fire
control.
(5) Fire control--(i) Portable equipment. Portable fire
extinguishment and control equipment shall be provided in such
quantities and types as are needed for the special hazards of operation
and storage.
(ii) Water supply. Water shall be available in volume and at
adequate pressure to supply water hose streams, foam producing
equipment, automatic sprinklers, or water spray systems as the need is
indicated by the special hazards of operation and storage.
(iii) Special equipment. Special extinguishing equipment such as
that utilizing foam, inert gas, or dry chemical shall be provided as the
need is indicated by the special hazards of operation and storage.
(j) Scope. This section applies to the handling, storage, and use of
flammable and combustible liquids with a flashpoint below 200 deg. F.
This section does not apply to:
(1) Bulk transportation of flammable and combustible liquids;
(2) Storage, handling, and use of fuel oil tanks and containers
connected with oil burning equipment;
(3) Storage of flammable and combustible liquids on farms;
(4) Liquids without flashpoints that may be flammable under some
conditions, such as certain halogenated hydrocarbons and mixtures
containing halogenated hydrocarbons;
(5) Mists, sprays, or foams, except flammable aerosols covered in
paragraph (d) of this section; or
(6) Installations made in accordance with requirements of the
following standards that are incorporated by reference as specified in
Sec. 1910.6:
(i) National Fire Protection Association Standard for Drycleaning
Plants, NFPA No. 32-1970;
(ii) National Fire Protection Association Standard for the
Manufacture of Organic Coatings, NFPA No. 35-1970;
(iii) National Fire Protection Association Standard for Solvent
Extraction Plants, NFPA No. 36-1967; or
(iv) National Fire Protection Association Standard for the
Installation and Use of Stationary Combustion Engines and Gas Turbines,
NFPA No. 37-1970.
[39 FR 23502, June 27, 1974, as amended at 40 FR 3982, Jan. 27, 1975; 40
FR 23743, June 2, 1975; 43 FR 49746, Oct. 24, 1978; 43 FR 51759, Nov. 7,
1978; 47 FR 39164, Sept. 7, 1982; 51 FR 34560, Sept. 29, 1986; 53 FR
12121, Apr. 12, 1988; 55 FR 32015, Aug. 6, 1990; 61 FR 9237, Mar. 7,
1996]
Sec. 1910.107 Spray finishing using flammable and combustible materials.
(a) Definitions applicable to this section--(1) Aerated solid
powders. Aerated powders shall mean any powdered material used as a
coating material which shall be fluidized within a container by passing
air uniformly from below. It is common practice to fluidize such
materials to form a fluidized powder bed and then dip the part to be
coated into the bed in a manner similar to that used in liquid dipping.
Such beds are also used as sources for powder spray operations.
(2) Spraying area. Any area in which dangerous quantities of
flammable vapors or mists, or combustible residues, dusts, or deposits
are present due to the operation of spraying processes.
[[Page 261]]
(3) Spray booth. A power-ventilated structure provided to enclose or
accommodate a spraying operation to confine and limit the escape of
spray, vapor, and residue, and to safely conduct or direct them to an
exhaust system.
(4) Waterwash spray booth. A spray booth equipped with a water
washing system designed to minimize dusts or residues entering exhaust
ducts and to permit the recovery of overspray finishing material.
(5) Dry spray booth. A spray booth not equipped with a water washing
system as described in subparagraph (4) of this paragraph. A dry spray
booth may be equipped with (i) distribution or baffle plates to promote
an even flow of air through the booth or cause the deposit of overspray
before it enters the exhaust duct; or (ii) overspray dry filters to
minimize dusts; or (iii) overspray dry filters to minimize dusts or
residues entering exhaust ducts; or (iv) overspray dry filter rolls
designed to minimize dusts or residues entering exhaust ducts; or (v)
where dry powders are being sprayed, with powder collection systems so
arranged in the exhaust to capture oversprayed material.
(6) Fluidized bed. A container holding powder coating material which
is aerated from below so as to form an air-supported expanded cloud of
such material through which the preheated object to be coated is
immersed and transported.
(7) Electrostatic fluidized bed. A container holding powder coating
material which is aerated from below so as to form an air-supported
expanded cloud of such material which is electrically charged with a
charge opposite to the charge of the object to be coated; such object is
transported, through the container immediately above the charged and
aerated materials in order to be coated.
(8) Approved. Shall mean approved and listed by a nationally
recognized testing laboratory. Refer to Sec. 1910.7 for definition of
nationally recognized testing laboratory.
(9) Listed. See ``approved'' in Sec. 1910.107(a)(8).
(b) Spray booths--(1) Construction. Spray booths shall be
substantially constructed of steel, securely and rigidly supported, or
of concrete or masonry except that aluminum or other substantial
noncombustible material may be used for intermittent or low volume
spraying. Spray booths shall be designed to sweep air currents toward
the exhaust outlet.
(2) Interiors. The interior surfaces of spray booths shall be smooth
and continuous without edges and otherwise designed to prevent pocketing
of residues and facilitate cleaning and washing without injury.
(3) Floors. The floor surface of a spray booth and operator's
working area, if combustible, shall be covered with noncombustible
material of such character as to facilitate the safe cleaning and
removal of residues.
(4) Distribution or baffle plates. Distribution or baffle plates, if
installed to promote an even flow of air through the booth or cause the
deposit of overspray before it enters the exhaust duct, shall be of
noncombustible material and readily removable or accessible on both
sides for cleaning. Such plates shall not be located in exhaust ducts.
(5) Dry type overspray collectors--(exhaust air filters). In
conventional dry type spray booths, overspray dry filters or filter
rolls, if installed, shall conform to the following:
(i) The spraying operations except electrostatic spraying operations
shall be so designed, installed and maintained that the average air
velocity over the open face of the booth (or booth cross section during
spraying operations) shall be not less than 100 linear feet per minute.
Electrostatic spraying operations may be conducted with an air velocity
over the open face of the booth of not less than 60 linear feet per
minute, or more, depending on the volume of the finishing material being
applied and its flammability and explosion characteristics. Visible
gauges or audible alarm or pressure activated devices shall be installed
to indicate or insure that the required air velocity is maintained.
Filter rolls shall be inspected to insure proper replacement of filter
media.
(ii) All discarded filter pads and filter rolls shall be immediately
removed to a safe, well-detached location or placed in a water-filled
metal container and
[[Page 262]]
disposed of at the close of the day's operation unless maintained
completely in water.
(iii) The location of filters in a spray booth shall be so as to not
reduce the effective booth enclosure of the articles being sprayed.
(iv) Space within the spray booth on the downstream and upstream
sides of filters shall be protected with approved automatic sprinklers.
(v) Filters or filter rolls shall not be used when applying a spray
material known to be highly susceptible to spontaneous heating and
ignition.
(vi) Clean filters or filter rolls shall be noncombustible or of a
type having a combustibility not in excess of class 2 filters as listed
by Underwriters' Laboratories, Inc. Filters and filter rolls shall not
be alternately used for different types of coating materials, where the
combination of materials may be conducive to spontaneous ignition. See
also paragraph (g)(6) of this section.
(6) Frontal area. Each spray booth having a frontal area larger than
9 square feet shall have a metal deflector or curtain not less than 2\1/
2\ inches deep installed at the upper outer edge of the booth over the
opening.
(7) Conveyors. Where conveyors are arranged to carry work into or
out of spray booths, the openings therefor shall be as small as
practical.
(8) Separation of operations. Each spray booth shall be separated
from other operations by not less than 3 feet, or by a greater distance,
or by such partition or wall as to reduce the danger from juxtaposition
of hazardous operations. See also paragraph (c)(1) of this section.
(9) Cleaning. Spray booths shall be so installed that all portions
are readily accessible for cleaning. A clear space of not less than 3
feet on all sides shall be kept free from storage or combustible
construction.
(10) Illumination. When spraying areas are illuminated through glass
panels or other transparent materials, only fixed lighting units shall
be used as a source of illumination. Panels shall effectively isolate
the spraying area from the area in which the lighting unit is located,
and shall be of a noncombustible material of such a nature or so
protected that breakage will be unlikely. Panels shall be so arranged
that normal accumulations of residue on the exposed surface of the panel
will not be raised to a dangerous temperature by radiation or conduction
from the source of illumination.
(c) Electrical and other sources of ignition--(1) Conformance. All
electrical equipment, open flames and other sources of ignition shall
conform to the requirements of this paragraph, except as follows:
(i) Electrostatic apparatus shall conform to the requirements of
paragraphs (h) and (i) of this section;
(ii) Drying, curing, and fusion apparatus shall conform to the
requirements of paragraph (j) of this section;
(iii) Automobile undercoating spray operations in garages shall
conform to the requirements of paragraph (k) of this section;
(iv) Powder coating equipment shall conform to the requirements of
paragraph (c)(1) of this section.
(2) Minimum separation. There shall be no open flame or spark
producing equipment in any spraying area nor within 20 feet thereof,
unless separated by a partition.
(3) Hot surfaces. Space-heating appliances, steampipes, or hot
surfaces shall not be located in a spraying area where deposits of
combustible residues may readily accumulate.
(4) Wiring conformance. Electrical wiring and equipment shall
conform to the provisions of this paragraph and shall otherwise be in
accordance with subpart S of this part.
(5) Combustible residues, areas. Unless specifically approved for
locations containing both deposits of readily ignitable residue and
explosive vapors, there shall be no electrical equipment in any spraying
area, whereon deposits of combustible residues may readily accumulate,
except wiring in rigid conduit or in boxes or fittings containing no
taps, splices, or terminal connections.
(6) Wiring type approved. Electrical wiring and equipment not
subject to deposits of combustible residues but located in a spraying
area as herein defined shall be of explosion-proof type approved for
Class I, group D locations and shall otherwise conform to the provisions
of subpart S of this part, for
[[Page 263]]
Class I, Division 1, Hazardous Locations. Electrical wiring, motors, and
other equipment outside of but within twenty (20) feet of any spraying
area, and not separated therefrom by partitions, shall not produce
sparks under normal operating conditions and shall otherwise conform to
the provisions of subpart S of this part for Class I, Division 2
Hazardous Locations.
(7) Lamps. Electric lamps outside of, but within twenty (20) feet of
any spraying area, and not separated therefrom by a partition, shall be
totally enclosed to prevent the falling of hot particles and shall be
protected from mechanical injury by suitable guards or by location.
(8) Portable lamps. Portable electric lamps shall not be used in any
spraying area during spraying operations. Portable electric lamps, if
used during cleaning or repairing operations, shall be of the type
approved for hazardous Class I locations.
(9) Grounding. (i) All metal parts of spray booths, exhaust ducts,
and piping systems conveying flammable or combustible liquids or aerated
solids shall be properly electrically grounded in an effective and
permanent manner.
(ii) [Reserved]
(d) Ventilation--(1) Conformance. Ventilating and exhaust systems
shall be in accordance with the Standard for Blower and Exhaust Systems
for Vapor Removal, NFPA No. 91-1961, which is incorporated by reference
as specified in Sec. 1910.6, where applicable and shall also conform to
the provisions of this section.
(2) General. All spraying areas shall be provided with mechanical
ventilation adequate to remove flammable vapors, mists, or powders to a
safe location and to confine and control combustible residues so that
life is not endangered. Mechanical ventilation shall be kept in
operation at all times while spraying operations are being conducted and
for a sufficient time thereafter to allow vapors from drying coated
articles and drying finishing material residue to be exhausted.
(3) Independent exhaust. Each spray booth shall have an independent
exhaust duct system discharging to the exterior of the building, except
that multiple cabinet spray booths in which identical spray finishing
material is used with a combined frontal area of not more than 18 square
feet may have a common exhaust. If more than one fan serves one booth,
all fans shall be so interconnected that one fan cannot operate without
all fans being operated.
(4) Fan-rotating element. The fan-rotating element shall be
nonferrous or nonsparking or the casing shall consist of or be lined
with such material. There shall be ample clearance between the fan-
rotating element and the fan casing to avoid a fire by friction,
necessary allowance being made for ordinary expansion and loading to
prevent contact between moving parts and the duct or fan housing. Fan
blades shall be mounted on a shaft sufficiently heavy to maintain
perfect alignment even when the blades of the fan are heavily loaded,
the shaft preferably to have bearings outside the duct and booth. All
bearings shall be of the self-lubricating type, or lubricated from the
outside duct.
(5) Electric motors. Electric motors driving exhaust fans shall not
be placed inside booths or ducts. See also paragraph (c) of this
section.
(6) Belts. Belts shall not enter the duct or booth unless the belt
and pulley within the duct or booth are thoroughly enclosed.
(7) Exhaust ducts. Exhaust ducts shall be constructed of steel and
shall be substantially supported. Exhaust ducts without dampers are
preferred; however, if dampers are installed, they shall be maintained
so that they will be in a full open position at all times the
ventilating system is in operation.
(i) Exhaust ducts shall be protected against mechanical damage and
have a clearance from unprotected combustible construction or other
combustible material of not less than 18 inches.
(ii) If combustible construction is provided with the following
protection applied to all surfaces within 18 inches, clearances may be
reduced to the distances indicated:
(a) 28-gage sheet metal on \1/4\-inch 12 inches.
asbestos mill board.
(b) 28-gage sheet metal on \1/8\-inch 9 inches.
asbestos mill board spaced out 1 inch on
noncombustible spacers.
(c) 22-gage sheet metal on 1-inch rockwool 3 inches.
batts reinforced with wire mesh or the
equivalent.
[[Page 264]]
(d) Where ducts are protected with an
approved automatic sprinkler system,
properly maintained, the clearance
required in subdivision (i) of this
subparagraph may be reduced to 6 inches.
(8) Discharge clearance. Unless the spray booth exhaust duct
terminal is from a water-wash spray booth, the terminal discharge point
shall be not less than 6 feet from any combustible exterior wall or roof
nor discharge in the direction of any combustible construction or
unprotected opening in any noncombustible exterior wall within 25 feet.
(9) Air exhaust. Air exhaust from spray operations shall not be
directed so that it will contaminate makeup air being introduced into
the spraying area or other ventilating intakes, nor directed so as to
create a nuisance. Air exhausted from spray operations shall not be
recirculated.
(10) Access doors. When necessary to facilitate cleaning, exhaust
ducts shall be provided with an ample number of access doors.
(11) Room intakes. Air intake openings to rooms containing spray
finishing operations shall be adequate for the efficient operation of
exhaust fans and shall be so located as to minimize the creation of dead
air pockets.
(12) Drying spaces. Freshly sprayed articles shall be dried only in
spaces provided with adequate ventilation to prevent the formation of
explosive vapors. In the event adequate and reliable ventilation is not
provided such drying spaces shall be considered a spraying area. See
also paragraph (j) of this section.
(e) Flammable and combustible liquids--storage and handling--(1)
Conformance. The storage of flammable or combustible liquids in
connection with spraying operations shall conform to the requirements of
Sec. 1910.106, where applicable.
(2) Quantity. The quantity of flammable or combustible liquids kept
in the vicinity of spraying operations shall be the minimum required for
operations and should ordinarily not exceed a supply for 1 day or one
shift. Bulk storage of portable containers of flammable or combustible
liquids shall be in a separate, constructed building detached from other
important buildings or cut off in a standard manner.
(3) Containers. Original closed containers, approved portable tanks,
approved safety cans or a properly arranged system of piping shall be
used for bringing flammable or combustible liquids into spray finishing
room. Open or glass containers shall not be used.
(4) Transferring liquids. Except as provided in paragraph (e)(5) of
this section the withdrawal of flammable and combustible liquids from
containers having a capacity of greater than 60 gallons shall be by
approved pumps. The withdrawal of flammable or combustible liquids from
containers and the filling of containers, including portable mixing
tanks, shall be done only in a suitable mixing room or in a spraying
area when the ventilating system is in operation. Adequate precautions
shall be taken to protect against liquid spillage and sources of
ignition.
(5) Spraying containers. Containers supplying spray nozzles shall be
of closed type or provided with metal covers kept closed. Containers not
resting on floors shall be on metal supports or suspended by wire
cables. Containers supplying spray nozzles by gravity flow shall not
exceed 10 gallons capacity. Original shipping containers shall not be
subject to air pressure for supplying spray nozzles. Containers under
air pressure supplying spray nozzles shall be of limited capacity, not
exceeding that necessary for 1 day's operation; shall be designed and
approved for such use; shall be provided with a visible pressure gage;
and shall be provided with a relief valve set to operate in conformance
with the requirements of the Code for Unfired Pressure Vessels, Section
VIII of the ASME Boiler and Pressure Vessel Code--1968, which is
incorporated by reference as specified in Sec. 1910.6. Containers under
air pressure supplying spray nozzles, air-storage tanks and coolers
shall conform to the standards of the Code for Unfired Pressure Vessels,
Section VIII of the ASME Boiler and Pressure Vessel Code--1968 for
construction, tests, and maintenance.
(6) Pipes and hoses. (i) All containers or piping to which is
attached a hose or flexible connection shall be provided with a shutoff
valve at the connection. Such valves shall be kept shut when
[[Page 265]]
spraying operations are not being conducted.
(ii) When a pump is used to deliver products, automatic means shall
be provided to prevent pressure in excess of the design working pressure
of accessories, piping, and hose.
(iii) All pressure hose and couplings shall be inspected at regular
intervals appropriate to this service. The hose and couplings shall be
tested with the hose extended, and using the ``inservice maximum
operating pressures.'' Any hose showing material deteriorations, signs
of leakage, or weakness in its carcass or at the couplings, shall be
withdrawn from service and repaired or discarded.
(iv) Piping systems conveying flammable or combustible liquids shall
be of steel or other material having comparable properties of resistance
to heat and physical damage. Piping systems shall be properly bonded and
grounded.
(7) Spray liquid heaters. Electrically powered spray liquid heaters
shall be approved and listed for the specific location in which used
(see paragraph (c) of this section). Heaters shall not be located in
spray booths nor other locations subject to the accumulation of deposits
or combustible residue. If an electric motor is used, see paragraph (c)
of this section.
(8) Pump relief. If flammable or combustible liquids are supplied to
spray nozzles by positive displacement pumps, the pump discharge line
shall be provided with an approved relief valve discharging to a pump
suction or a safe detached location, or a device provided to stop the
prime mover if the discharge pressure exceeds the safe operating
pressure of the system.
(9) Grounding. Whenever flammable or combustible liquids are
transferred from one container to another, both containers shall be
effectively bonded and grounded to prevent discharge sparks of static
electricity.
(f) Protection--(1) Conformance. In sprinklered buildings, the
automatic sprinkler system in rooms containing spray finishing
operations shall conform to the requirements of Sec. 1910.159. In
unsprinklered buildings where sprinklers are installed only to protect
spraying areas, the installation shall conform to such standards insofar
as they are applicable. Sprinkler heads shall be located so as to
provide water distribution throughout the entire booth.
(2) Valve access. Automatic sprinklers protecting each spray booth
(together with its connecting exhaust) shall be under an accessibly
located separate outside stem and yoke (OS&Y) subcontrol valve.
(3) Cleaning of heads. Sprinklers protecting spraying areas shall be
kept as free from deposits as practical by cleaning daily if necessary.
(See also paragraph (g) of this section.)
(4) Portable extinguishers. An adequate supply of suitable portable
fire extinguishers shall be installed near all spraying areas.
(g) Operations and maintenance--(1) Spraying. Spraying shall not be
conducted outside of predetermined spraying areas.
(2) Cleaning. All spraying areas shall be kept as free from the
accumulation of deposits of combustible residues as practical, with
cleaning conducted daily if necessary. Scrapers, spuds, or other such
tools used for cleaning purposes shall be of nonsparking material.
(3) Residue disposal. Residue scrapings and debris contaminated with
residue shall be immediately removed from the premises and properly
disposed of. Approved metal waste cans shall be provided wherever rags
or waste are impregnated with finishing material and all such rags or
waste deposited therein immediately after use. The contents of waste
cans shall be properly disposed of at least once daily or at the end of
each shift.
(4) Clothing storage. Spray finishing employees' clothing shall not
be left on the premises overnight unless kept in metal lockers.
(5) Cleaning solvents. The use of solvents for cleaning operations
shall be restricted to those having flashpoints not less than 100 deg.
F.; however, for cleaning spray nozzles and auxiliary equipment,
solvents having flashpoints not less than those normally used in spray
operations may be used. Such cleaning shall be conducted inside spray
booths and ventilating equipment operated during cleaning.
(6) Hazardous materials combinations. Spray booths shall not be
alternately
[[Page 266]]
used for different types of coating materials, where the combination of
the materials may be conducive to spontaneous ignition, unless all
deposits of the first used material are removed from the booth and
exhaust ducts prior to spraying with the second used material.
(7) ``No Smoking'' signs. ``No smoking'' signs in large letters on
contrasting color background shall be conspicuously posted at all
spraying areas and paint storage rooms.
(h) Fixed electrostatic apparatus--(1) Conformance. Where
installation and use of electrostatic spraying equipment is used, such
installation and use shall conform to all other paragraphs of this
section, and shall also conform to the requirements of this paragraph.
(2) Type approval. Electrostatic apparatus and devices used in
connection with coating operations shall be of approved types.
(3) Location. Transformers, power packs, control apparatus, and all
other electrical portions of the equipment, with the exception of high-
voltage grids, electrodes, and electrostatic atomizing heads and their
connections, shall be located outside of the spraying area, or shall
otherwise conform to the requirements of paragraph (c) of this section.
(4) Support. Electrodes and electrostatic atomizing heads shall be
adequately supported in permanent locations and shall be effectively
insulated from the ground. Electrodes and electrostatic atomizing heads
which are permanently attached to their bases, supports, or
reciprocators, shall be deemed to comply with this section. Insulators
shall be nonporous and noncombustible.
(5) Insulators, grounding. High-voltage leads to electrodes shall be
properly insulated and protected from mechanical injury or exposure to
destructive chemicals. Electrostatic atomizing heads shall be
effectively and permanently supported on suitable insulators and shall
be effectively guarded against accidental contact or grounding. An
automatic means shall be provided for grounding the electrode system
when it is electrically deenergized for any reason. All insulators shall
be kept clean and dry.
(6) Safe distance. A safe distance shall be maintained between goods
being painted and electrodes or electrostatic atomizing heads or
conductors of at least twice the sparking distance. A suitable sign
indicating this safe distance shall be conspicuously posted near the
assembly.
(7) Conveyors required. Goods being painted using this process are
to be supported on conveyors. The conveyors shall be so arranged as to
maintain safe distances between the goods and the electrodes or
electrostatic atomizing heads at all times. Any irregularly shaped or
other goods subject to possible swinging or movement shall be rigidly
supported to prevent such swinging or movement which would reduce the
clearance to less than that specified in paragraph (h)(6) of this
section.
(8) Prohibition. This process is not acceptable where goods being
coated are manipulated by hand. When finishing materials are applied by
electrostatic equipment which is manipulated by hand, see paragraph (i)
of this section for applicable requirements.
(9) Fail-safe controls. Electrostatic apparatus shall be equipped
with automatic controls which will operate without time delay to
disconnect the power supply to the high voltage transformer and to
signal the operator under any of the following conditions:
(i) Stoppage of ventilating fans or failure of ventilating equipment
from any cause.
(ii) Stoppage of the conveyor carrying goods through the high
voltage field.
(iii) Occurrence of a ground or of an imminent ground at any point
on the high voltage system.
(iv) Reduction of clearance below that specified in paragraph (h)(6)
of this section.
(10) Guarding. Adequate booths, fencing, railings, or guards shall
be so placed about the equipment that they, either by their location or
character or both, assure that a safe isolation of the process is
maintained from plant storage or personnel. Such railings, fencing, and
guards shall be of conducting material, adequately grounded.
(11) Ventilation. Where electrostatic atomization is used the
spraying area
[[Page 267]]
shall be so ventilated as to insure safe conditions from a fire and
health standpoint.
(12) Fire protection. All areas used for spraying, including the
interior of the booth, shall be protected by automatic sprinklers where
this protection is available. Where this protection is not available,
other approved automatic extinguishing equipment shall be provided.
(i) Electrostatic hand spraying equipment--(1) Application. This
paragraph shall apply to any equipment using electrostatically charged
elements for the atomization and/or, precipitation of materials for
coatings on articles, or for other similar purposes in which the
atomizing device is hand held and manipulated during the spraying
operation.
(2) Conformance. Electrostatic hand spraying equipment shall conform
with the other provisions of this section.
(3) Equipment approval and specifications. Electrostatic hand spray
apparatus and devices used in connection with coating operations shall
be of approved types. The high voltage circuits shall be designed so as
to not produce a spark of sufficient intensity to ignite any vapor-air
mixtures nor result in appreciable shock hazard upon coming in contact
with a grounded object under all normal operating conditions. The
electrostatically charged exposed elements of the handgun shall be
capable of being energized only by a switch which also controls the
coating material supply.
(4) Electrical support equipment. Transformers, powerpacks, control
apparatus, and all other electrical portions of the equipment, with the
exception of the handgun itself and its connections to the power supply
shall be located outside of the spraying area or shall otherwise conform
to the requirements of paragraph (c) of this section.
(5) Spray gun ground. The handle of the spraying gun shall be
electrically connected to ground by a metallic connection and to be so
constructed that the operator in normal operating position is in
intimate electrical contact with the grounded handle.
(6) Grounding--general. All electrically conductive objects in the
spraying area shall be adequately grounded. This requirement shall apply
to paint containers, wash cans, and any other objects or devices in the
area. The equipment shall carry a prominent permanently installed
warning regarding the necessity for this grounding feature.
(7) Maintenance of grounds. Objects being painted or coated shall be
maintained in metallic contact with the conveyor or other grounded
support. Hooks shall be regularly cleaned to insure this contact and
areas of contact shall be sharp points or knife edges where possible.
Points of support of the object shall be concealed from random spray
where feasible and where the objects being sprayed are supported from a
conveyor, the point of attachment to the conveyor shall be so located as
to not collect spray material during normal operation.
(8) Interlocks. The electrical equipment shall be so interlocked
with the ventilation of the spraying area that the equipment cannot be
operated unless the ventilation fans are in operation.
(9) Ventilation. The spraying operation shall take place within a
spray area which is adequately ventilated to remove solvent vapors
released from the operation.
(j) Drying, curing, or fusion apparatus--(1) Conformance. Drying,
curing, or fusion apparatus in connection with spray application of
flammable and combustible finishes shall conform to the Standard for
Ovens and Furnaces, NFPA 86A-1969, which is incorporated by reference as
specified in Sec. 1910.6, where applicable and shall also conform with
the following requirements of this paragraph.
(2) Alternate use prohibited. Spray booths, rooms, or other
enclosures used for spraying operations shall not alternately be used
for the purpose of drying by any arrangement which will cause a material
increase in the surface temperature of the spray booth, room, or
enclosure.
(3) Adjacent system interlocked. Except as specifically provided in
paragraph (j)(4) of this section, drying, curing, or fusion units
utilizing a heating system having open flames or which may produce
sparks shall not be installed in a spraying area, but may be installed
[[Page 268]]
adjacent thereto when equipped with an interlocked ventilating system
arranged to:
(i) Thoroughly ventilate the drying space before the heating system
can be started;
(ii) Maintain a safe atmosphere at any source of ignition;
(iii) Automatically shut down the heating system in the event of
failure of the ventilating system.
(4) Alternate use permitted. Automobile refinishing spray booths or
enclosures, otherwise installed and maintained in full conformity with
this section, may alternately be used for drying with portable
electrical infrared drying apparatus when conforming with the following:
(i) Interior (especially floors) of spray enclosures shall be kept
free of overspray deposits.
(ii) During spray operations, the drying apparatus and electrical
connections and wiring thereto shall not be located within spray
enclosure nor in any other location where spray residues may be
deposited thereon.
(iii) The spraying apparatus, the drying apparatus, and the
ventilating system of the spray enclosure shall be equipped with
suitable interlocks so arranged that:
(a) The spraying apparatus cannot be operated while the drying
apparatus is inside the spray enclosure.
(b) The spray enclosure will be purged of spray vapors for a period
of not less than 3 minutes before the drying apparatus can be energized.
(c) The ventilating system will maintain a safe atmosphere within
the enclosure during the drying process and the drying apparatus will
automatically shut off in the event of failure of the ventilating
system.
(iv) All electrical wiring and equipment of the drying apparatus
shall conform with the applicable sections of subpart S of this part.
Only equipment of a type approved for Class I, Division 2 hazardous
locations shall be located within 18 inches of floor level. All metallic
parts of the drying apparatus shall be properly electrically bonded and
grounded.
(v) The drying apparatus shall contain a prominently located,
permanently attached warning sign indicating that ventilation should be
maintained during the drying period and that spraying should not be
conducted in the vicinity that spray will deposit on apparatus.
(k) Automobile undercoating in garages. Automobile undercoating
spray operations in garages, conducted in areas having adequate natural
or mechanical ventilation, are exempt from the requirements pertaining
to spray finishing operations, when using undercoating materials not
more hazardous than kerosene (as listed by Underwriters' Laboratories in
respect to fire hazard rating 30-40) or undercoating materials using
only solvents listed as having a flash point in excess of 100 deg. F.
Undercoating spray operations not conforming to these provisions are
subject to all requirements of this section pertaining to spray
finishing operations.
(l) Powder coating--(1) Electrical and other sources of ignition.
Electrical equipment and other sources of ignition shall conform to the
requirements of paragraphs (c)(1) (i)-(iv), (8) and (9)(i) of this
section and subpart S of this part.
(2) Ventilation. (i) In addition to the provisions of paragraph (d)
of this section, where applicable, exhaust ventilation shall be
sufficient to maintain the atmosphere below the lowest explosive limits
for the materials being applied. All nondeposited air-suspended powders
shall be safely removed via exhaust ducts to the powder recovery cyclone
or receptacle. Each installation shall be designed and operated to meet
the foregoing performance specification.
(ii) Powders shall not be released to the outside atmosphere.
(3) Drying, curing, or fusion equipment. The provisions of the
Standard for ovens and furnaces, NFPA No. 86A-1969 shall apply where
applicable.
(4) Operation and maintenance. (i) All areas shall be kept free of
the accumulation of powder coating dusts, particularly such horizontal
surfaces as ledges, beams, pipes, hoods, booths, and floors.
(ii) Surfaces shall be cleaned in such manner as to avoid scattering
dust to other places or creating dust clouds.
(iii) ``No Smoking'' signs in large letters on contrasting color
background shall be conspicuously posted at all
[[Page 269]]
powder coating areas and powder storage rooms.
(5) Fixed electrostatic spraying equipment. The provisions of
paragraph (h) of this section and other subparagraphs of this paragraph
shall apply to fixed electrostatic equipment, except that electrical
equipment not covered therein shall conform to paragraph (l)(1) of this
section.
(6) Electrostatic hand spraying equipment. The provisions of
paragraph (i) of this section and other subparagraphs of this paragraph,
shall apply to electrostatic handguns when used in powder coating,
except that electrical equipment not covered therein shall conform to
paragraph (l)(1) of this section.
(7) Electrostatic fluidized beds. (i) Electrostatic fluidized beds
and associated equipment shall be of approved types. The maximum surface
temperature of this equipment in the coating area shall not exceed
150 deg. F. The high voltage circuits shall be so designed as to not
produce a spark of sufficient intensity to ignite any powder-air
mixtures nor result in appreciable shock hazard upon coming in contact
with a grounded object under normal operating conditions.
(ii) Transformers, powerpacks, control apparatus, and all other
electrical portions of the equipment, with the exception of the charging
electrodes and their connections to the power supply shall be located
outside of the powder coating area or shall otherwise conform to the
requirements of paragraph (l)(1) of this section.
(iii) All electrically conductive objects within the charging
influence of the electrodes shall be adequately grounded. The powder
coating equipment shall carry a prominent, permanently installed warning
regarding the necessity for grounding these objects.
(iv) Objects being coated shall be maintained in contact with the
conveyor or other support in order to insure proper grounding. Hangers
shall be regularly cleaned to insure effective contact and areas of
contact shall be sharp points or knife edges where possible.
(v) The electrical equipment shall be so interlocked with the
ventilation system that the equipment cannot be operated unless the
ventilation fans are in operation.
(m) Organic peroxides and dual component coatings--(1) Conformance.
All spraying operations involving the use of organic peroxides and other
dual component coatings shall be conducted in approved sprinklered spray
booths meeting the requirements of this section.
(2) Smoking. Smoking shall be prohibited and ``No Smoking'' signs
shall be prominently displayed and only nonsparking tools shall be used
in any area where organic peroxides are stored, mixed or applied.
(n) Scope. This section applies to flammable and combustible
finishing materials when applied as a spray by compressed air,
``airless'' or ``hydraulic atomization,'' steam, electrostatic methods,
or by any other means in continuous or intermittent processes. The
section also covers the application of combustible powders by powder
spray guns, electrostatic powder spray guns, fluidized beds, or
electrostatic fluidized beds. The section does not apply to outdoor
spray application of buildings, tanks, or other similar structures, nor
to small portable spraying apparatus not used repeatedly in the same
location.
[39 FR 23502, June 27, 1974, as amended at 45 FR 60704, Sept. 12, 1980;
49 FR 5322, Feb. 10, 1984; 53 FR 12121, Apr. 12, 1988; 61 FR 9237, Mar.
7, 1996]
Sec. 1910.108 Dip tanks containing flammable or combustible liquids.
(a) Definitions applicable to this section--(1) Dip tank. Shall mean
a tank, vat, or container of flammable or combustible liquid in which
articles or materials are immersed for the purpose of coating,
finishing, treating, or similar processes.
(2) Vapor area. Shall mean any area containing dangerous quantities
of flammable vapors in the vicinity of dip tanks, their drainboards or
associated drying conveying, or other equipment, during operation or
shutdown periods.
(3) Approved. Unless otherwise indicated, approval or listing by a
nationally recognized testing laboratory. Refer to Sec. 1910.7 for
definition of nationally recognized testing laboratory.
[[Page 270]]
(4) Lister. See ``approved'' in paragraph (a)(3) of this section.
(b) Ventilation--(1) Vapor area ventilation. Vapor areas as defined
in paragraph (a)(2) of this section shall be limited to the smallest
practical space by maintaining a properly designed system of mechanical
ventilation arranged to move air from all directions towards the vapor
area origin and thence to a safe outside location. Ventilating systems
shall conform to the Standards for Blower and Exhaust Systems (NFPA
Pamphlet No. 91-1969), which are incorporated by reference as specified
in Sec. 1910.6. Required ventilating systems shall be so arranged that
the failure of any ventilating fan shall automatically stop any dipping
conveyor system. See also paragraph (c)(6) of this section.
(2) Ventilation combined with drying. When a required ventilating
system serves associated drying operations utilizing a heating system
which may be a source of ignition, means shall be provided for
preventilation before the heating system can be started; the failure of
any ventilating fan shall automatically shut down the heating system;
and the installation shall otherwise conform to the Standard for Ovens
and Furnaces (NFPA No. 86A-1969), which is incorporated by reference as
specified in Sec. 1910.6.
(c) Construction of dip tanks--(1) General. Dip tanks, including
drainboards if provided, shall be constructed of substantial
noncombustible material, and their supports shall be of heavy metal,
reinforced concrete, or masonry.
(2) Overflow pipes. (i) Dip tanks of over 150 gallons in capacity or
10 square feet in liquid surface area shall be equipped with a properly
trapped overflow pipe leading to a safe location outside buildings.
(ii) Overflow pipes shall be of sufficient capacity to overflow the
maximum delivery of dip tank liquid fill pipes but shall not be less
than 3 inches in diameter and shall be increased in size depending upon
the area of the liquid surface and the length and pitch of pipe.
(iii) Piping connections on drains and overflow lines shall be
designed so as to permit ready access for inspection and cleaning of the
interior.
(iv) The bottom of the overflow connection shall be not less than 6
inches below the top of the tank. See also paragraph (c)(6) of this
section and paragraph (g)(3)(ii) of this section.
(3) Bottom drains. (i) Dip tanks over 500 gallons in liquid capacity
shall be equipped with bottom drains automatically and manually arranged
to quickly drain the tank in the event of fire, unless the viscosity of
the liquid at normal atmospheric temperature makes this impractical.
Manual operation shall be from a safely accessible location. Where
gravity flow is not practicable, automatic pumps shall be required.
(ii) Such drain shall be trapped and discharge to a closed properly
vented salvage tank or to a safe location outside which will not
endanger property.
(iii) According to tank capacity the diameter of bottom drainpipe
shall be not less than the following:
------------------------------------------------------------------------
Gallons Inches
------------------------------------------------------------------------
500 to 750.................................................. 3
750 to 1,000................................................ 4
1,000 to 2,500.............................................. 5
2,500 to 4,000.............................................. 6
Over 4,000.................................................. 8
------------------------------------------------------------------------
(4) Salvage tanks. The capacity of the salvage tank shall be greater
than the capacity of the dip tank or tanks to which they are connected.
(5) Automatic extinguishing facilities. Except as noted in paragraph
(h)(1)(v) of this section (applying to hardening and tempering tanks),
all dip tanks exceeding 150 gallons liquid capacity or having a liquid
surface area exceeding 4 square feet shall be protected with at least
one of the automatic extinguishing facilities conforming to paragraph
(g) (2), (3), (4), (5), or (6) of this section.
(6) Conveyor systems. Dip tanks utilizing a conveyor system shall be
so arranged that in the event of fire, the conveyor system shall
automatically cease motion and required bottom drains shall open.
Conveyor systems shall automatically cease motion unless required
ventilation is in full operation. See also paragraph (b)(1) of this
section.
(7) Heating dip tank liquids. When dip tank liquids are artificially
heated, either by the dipping of heated articles, or by other
application of heat to the
[[Page 271]]
liquid, provision shall be made to prevent a temperature rise greater
than 50 deg. F. below the flashpoint of the liquid. See also paragraph
(h)(1) of this section.
(d) Liquids used in dip tanks, storage and handling. The storage of
flammable and combustible liquids in connection with dipping operation
shall conform to the requirements of Sec. 1910.106, where applicable.
Where portable containers are used for the replenishment of flammable
and combustible liquids, provision shall be made so that both the
container and tank shall be positively grounded and electrically bonded
to prevent static electric sparks.
(e) Electrical and other sources of ignition--(1) Vapor areas. (i)
There shall be no open flames, spark producing devices, or heated
surfaces having a temperature sufficient to ignite vapors in any vapor
area. Except as specifically permitted in paragraph (h)(3) of this
section, relating to electrostatic apparatus, electrical wiring and
equipment in any vapor area (as defined in paragraph (a)(2) of this
section) shall be explosion proof type according to the requirements of
subpart S of this part for Class I, Group D locations and shall
otherwise conform to subpart S of this part.
(ii) Unless specifically approved for locations containing both
deposits of readily ignitable residues and explosive vapors, there shall
be no electrical equipment in the vicinity of dip tanks or associated
drainboards or drying operations which are subject to splashing or
dripping of dip tank liquids, except wiring in rigid conduit or in
threaded boxes or fittings containing no taps, splices, or terminal
connections, and except as specifically permitted in paragraph (h)(3) of
this section.
(2) Adjacent areas. In any floorspace outside a vapor area but
within 20 feet therefrom, and not separated by tight partitions, there
shall be no open flames or spark producing devices except as
specifically permitted in NFPA Standard No. 86A-1969, Ovens and
Furnaces, paragraph 200-7, and electrical wiring and equipment shall
conform to the provisions of subpart S of this part.
(f) Operations and maintenance--(1) General. Areas in the vicinity
of dip tanks shall be kept as clear of combustible stock as practical
and shall be kept entirely free of combustible debris.
(2) Waste cans. When waste or rags are used in connection with
dipping operations, approved metal waste cans shall be provided and all
impregnated rags or waste deposited therein immediately after use. The
contents of waste cans shall be properly disposed of at least once daily
at the end of each shift.
(3) Inspection. Periodic inspection or tests of all dip tank
facilities shall be made, including covers, overflow pipe inlets and
discharge, bottom drains and valves, electrical wiring and equipment and
grounding connections, ventilating facilities, and all extinguishing
equipment. Any defects found shall be promptly corrected.
(4) Warning signs. ``No Smoking'' signs in large letters on
contrasting color background shall be conspicuously posted in the
vicinity of dip tanks.
(g) Extinguishment--(1) Extinguishers. Areas in the vicinity of dip
tanks shall be provided with manual fire extinguishers suitable for
flammable and combustible liquid fires, conforming to Sec. 1910.157.
(2) Automatic water spray extinguishing systems. Automatic water
spray extinguishing systems shall conform to Sec. 1910.163 and shall be
arranged to protect tanks, drainboards, and stock over drainboards.
(3) Automatic foam extinguishing systems. Automatic foam
extinguishing systems shall conform to Sec. 1910.163 and;
(i) Foam producing material selected shall be suitable for intended
use, taking into account characteristics of the dip tank liquid;
(ii) Overflow pipe shall be arranged to prevent the floating away of
foam and clogging overflow pipe. This may be accomplished by either of
the following:
(a) Overflow pipe may be extended through tank wall and terminated
in an ell pointing downward.
(b) Overflow pipe inlet may be provided with a removable screen of
\1/4\-inch mesh having an area at least twice the cross-sectional area
of overflow pipe. Screens which may be
[[Page 272]]
clogged by dip tank ingredients shall be inspected and cleaned
periodically.
(4) Automatic carbon dioxide systems. Automatic carbon dioxide
systems shall conform to Sec. 1910.162 and shall be arranged to protect
both dip tanks and drainboards, and unless stock over drainboards is
otherwise protected with automatic extinguishing facilities shall also
be arranged to protect such stock.
(5) Dry chemical extinguishing systems. Dry chemical extinguishing
systems shall conform to Sec. 1910.161 and shall be arranged to protect
both dip tanks and drainboards, and unless stock over drainboards is
otherwise protected with automatic extinguishing facilities, they shall
also be arranged to protect such stock.
(6) Dip tank covers. (i) Covers arranged to close automatically in
the event of fire shall be actuated by approved automatic devices and
shall also be arranged for manual operation.
(ii) Covers shall be of substantial noncombustible material or of
tin-clad type with enclosing metal applied with locked joints.
(iii) Chains or wire rope shall be used for cover support or
operating mechanism where the burning of a cord would interfere with the
action of a device.
(iv) Covers shall be kept closed when tanks are not in use.
(h) Special dip tank applications--(1) Hardening and tempering
tanks. (i) Tanks shall be located as far as practicable from furnaces
and shall not be located on or near combustible floors.
(ii) Tanks shall be provided with a noncombustible hood and vent or
other equally effective means of venting to the outside of the building
to serve as a vent in case of fire. All such vent ducts shall be treated
as flues and be kept well away from combustible roofs or materials.
(iii) Tanks shall be so designed that the maximum workload is
incapable of raising the temperature of the cooling medium to within
50 deg. below its flashpoint, or such tanks shall be equipped with
circulating cooling systems which will accomplish the same result.
(iv) Tanks shall be equipped with a high temperature limit switch
arranged to sound an alarm when the temperature of the quenching medium
reaches within 50 deg. F. below the flashpoint. If practical from an
operating standpoint, such limit switches shall also shut down conveying
equipment supplying work to the tank.
(v) The provisions of paragraph (c)(5) of this section shall apply
to tanks having a liquid surface area of 25 square feet or more or a
capacity of 500 gallons or more.
(vi) Air under pressure shall not be used to fill or to agitate oil
tanks.
(vii) Drain facilities from the bottom of the tank may be combined
with the oil circulating system or arranged independently to drain the
oil to a safe location. The drain valve shall be operated automatically
with approved heat actuated devices or manually, and if the latter, the
valve shall be operated from a safe distance.
(2) Flow coat; general. (i) Except as modified in this paragraph,
all of the preceding standards for dip tanks apply.
(ii) All piping shall be strongly erected and rigidly supported.
(iii) Paint shall be supplied by direct low-pressure pumping
arranged to automatically shut down by means of approved heat actuated
devices, in the case of fire, or paint may be supplied by a gravity tank
not exceeding 10 gallons in capacity.
(iv) The area of the sump and any areas on which paint flows should
be considered the area of dip tank.
(3) Electrostatic apparatus; general. (i) Installation and use of
electrostatic detearing equipment shall conform to paragraphs (a)
through (g) of this section.
(ii) Electrostatic apparatus and devices used in connection with
paint detearing operation shall be of approved types.
(iii) Transformers, powerpacks, control apparatus, and all other
electrical portions of the equipment, with the exception of high voltage
grid and their connections, shall be located outside the vapor area or
shall conform to the requirements of paragraph (e) of this section.
(iv) Electrodes shall be of substantial construction, shall be
rigidly supported in permanent locations and shall be effectively
insulated from ground.
[[Page 273]]
Insulators shall be nonporous and noncombustible.
(v) High voltage leads to electrodes shall be effectively and
permanently supported on suitable insulators, and shall be effectively
guarded against accidental contact or grounding. An automatic means
shall be provided for grounding and discharging any accumulated residual
charge on the electrode assembly or the secondary circuit of the high
voltage transformer when the transformer primary is disconnected from
the source of supply.
(vi) A space shall be maintained between goods being deteared and
electrodes or conductors of at least twice the sparking distance. A
suitable sign stating the sparking distance shall be conspicuously
posted near the assembly.
(vii) Goods being deteared using this electrostatic process are to
be supported on conveyors. The conveyors shall be so arranged as to
maintain safe distances between the goods and the electrodes at all
times. All goods shall be so supported as to prevent any swinging or
movement which would reduce the clearance to less than specified in
paragraph (h)(3)(vi) of this section.
(viii) This electrostatic process is not approved where goods being
deteared are manipulated by hand.
(ix) Electrostatic apparatus shall be equipped with automatic
controls which will operate without time delay to disconnect the power
supply to the high voltage transformer and to signal the operator under
any of the following conditions:
(a) Stoppage of ventilating fans or failure of ventilating equipment
from any cause.
(b) Stoppage of the conveyor carrying goods past the high voltage
grid.
(c) Occurrence of a ground or of an imminent ground at any point on
the high voltage system.
(d) Reduction of clearance below that specified in paragraph (h)(vi)
of this section.
(x) Adequate fencing, railings, or guards shall be so placed about
the equipment that they, either by their location or character or both,
assure that a safe isolation of the process is maintained from plant
storage or personnel. Such railings, fencing and guards shall be of
conducting material, adequately grounded.
(xi) Electrode insulators shall be kept clean and dry.
(xii) The detearing area shall be ventilated by exhausting adequate
air from the area as specified in paragraph (b) of this section.
(xiii) All areas for detearing shall be protected by automatic
sprinklers where this protection is available. Where this protection is
not available, other approved automatic extinguishing equipment shall be
provided.
(xiv) Drip plates and screens subject to paint deposits shall be
removable and shall be taken to a safe place for cleaning.
(4) Roll coating. (i) The processes of roll coating, spreading, and
impregnating, in which fabrics, paper, or other materials are passed
directly through a tank or trough containing flammable or combustible
liquids, or over the surface of a roller that revolves partially
submerged in a Class I or Class II liquid, as these terms are defined in
Sec. 1910.106 (a), shall conform to the applicable requirements of
paragraphs (a) through (g) of this section, and in addition shall
conform to paragraph (h)(4)(ii) of this section.
(ii) Adequate arrangements shall be made to prevent sparks from
static electricity by electrically bonding and grounding all metallic
rotating and other parts of machinery and equipment and by the
installation of static collectors or maintaining a conductive atmosphere
such as a high relative humidity.
[39 FR 23502, June 27, 1974, as amended at 45 FR 60704, Sept. 12, 1980;
49 FR 5322, Feb. 10, 1984; 53 FR 12121, Apr. 12, 1988; 61 FR 9237, Mar.
7, 1996]
Sec. 1910.109 Explosives and blasting agents.
(a) Definitions applicable to this section--(1) Blasting agent.
Blasting agent--any material or mixture, consisting of a fuel and
oxidizer, intended for blasting, not otherwise classified as an
explosive and in which none of the ingredients are classified as an
explosive, provided that the finished product, as mixed and packaged for
use or shipment, cannot be detonated by
[[Page 274]]
means of a No. 8 test blasting cap when unconfined.
(2) Explosive-actuated power devices. Explosive-actuated power
device--any tool or special mechanized device which is actuated by
explosives, but not including propellant-actuated power devices.
Examples of explosive-actuated power devices are jet tappers and jet
perforators.
(3) Explosive. Explosive--any chemical compound, mixture, or device,
the primary or common purpose of which is to function by explosion,
i.e., with substantially instantaneous release of gas and heat, unless
such compound, mixture, or device is otherwise specifically classified
by the U.S. Department of Transportation; see 49 CFR chapter I. The term
``explosives'' shall include all material which is classified as Class
A, Class B, and Class C explosives by the U.S. Department of
Transportation, and includes, but is not limited to dynamite, black
powder, pellet powders, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters, squibs,
cordeau detonant fuse, instantaneous fuse, igniter cord, igniters, small
arms ammunition, small arms ammunition primers, smokeless propellant,
cartridges for propellant-actuated power devices, and cartridges for
industrial guns. Commercial explosives are those explosives which are
intended to be used in commercial or industrial operations.
Note 1: Classification of explosives is described by the U.S.
Department of Transportation as follows (see 49 CFR chapter I):
(i) Class A explosives. Possessing, detonating, or otherwise maximum
hazard; such as dynamite, nitroglycerin, picric acid, lead azide,
fulminate of mercury, black powder, blasting caps, and detonating
primers.
(ii) Class B explosives. Possessing flammable hazard, such as
propellant explosives (including some smokeless propellants),
photographic flash powders, and some special fireworks.
(iii) Class C explosives. Includes certain types of manufactured
articles which contain Class A or Class B explosives, or both, as
components but in restricted quantities.
(iv) Forbidden or not acceptable explosives. Explosives which are
forbidden or not acceptable for transportation by common carriers by
rail freight, rail express, highway, or water in accordance with the
regulations of the U.S. Department of Transportation, 49 CFR chapter I.
(4) Highway. Highway--any public street, public alley, or public
road.
(5) [Reserved]
(6) Magazine. Magazine--any building or structure, other than an
explosives manufacturing building, used for the storage of explosives.
(7) Motor vehicle. Motor vehicle--any self-propelled vehicle, truck,
tractor, semitrailer, or truck-full trailers used for the transportation
of freight over public highways.
(8) Propellant-actuated power devices. Propellant-actuated power
devices--any tool or special mechanized device or gas generator system
which is actuated by a smokeless propellant or which releases and
directs work through a smokeless propellant charge.
(9) [Reserved]
(10) Pyrotechnics. Pyrotechnics--any combustible or explosive
compositions or manufactured articles designed and prepared for the
purpose of producing audible or visible effects which are commonly
referred to as fireworks.
(11) [Reserved]
(12) Semiconductive hose. Semiconductive hose--a hose with an
electrical resistance high enough to limit flow of stray electric
currents to safe levels, yet not so high as to prevent drainage of
static electric charges to ground; hose of not more than 2 megohms
resistance over its entire length and of not less than 5,000 ohms per
foot meets the requirement.
(13) Small arms ammunition. Small arms ammunition--any shotgun,
rifle, pistol, or revolver cartridge, and cartridges for propellant-
actuated power devices and industrial guns. Military-type ammunition
containing explosive-bursting charges, incendiary, tracer, spotting, or
pyrotechnic projectiles is excluded from this definition.
(14) Small arms ammunition primers. Small arms ammunition primers--
small percussion-sensitive explosive charges, encased in a cup, used to
ignite propellant powder.
(15) Smokeless propellants. Smokeless propellants--solid
propellants, commonly called smokeless powders in the
[[Page 275]]
trade, used in small arms ammunition, cannon, rockets, propellant-
actuated power devices, etc.
(16) Special industrial explosives devices. Special industrial
explosives devices--explosive-actuated power devices and propellant-
actuated power devices.
(17) Special industrial explosives materials. Special industrial
explosives materials--shaped materials and sheet forms and various other
extrusions, pellets, and packages of high explosives, which include
dynamite, trinitrotoluene (TNT), pentaerythritol tetranitrate (PETN),
hexahydro-1,3,5-trinitro-s-triazine (RDX), and other similar compounds
used for high-energy-rate forming, expanding, and shaping in metal
fabrication, and for dismemberment and quick reduction of scrap metal.
(18) Water gels or slurry explosives. These comprise a wide variety
of materials used for blasting. They all contain substantial proportions
of water and high proportions of ammonium nitrate, some of which is in
solution in the water. Two broad classes of water gels are (i) those
which are sensitized by a material classed as an explosive, such as TNT
or smokeless powder, (ii) those which contain no ingredient classified
as an explosive; these are sensitized with metals such as aluminum or
with other fuels. Water gels may be premixed at an explosives plant or
mixed at the site immediately before delivery into the borehole.
(19) DOT specifications. Regulations of the Department of
Transportation published in 49 CFR chapter I.
(b) Miscellaneous provisions--(1) General hazard. No person shall
store, handle, or transport explosives or blasting agents when such
storage, handling, and transportation of explosives or blasting agents
constitutes an undue hazard to life.
(2) [Reserved]
(c) Storage of explosives--(1) General provisions. (i) All Class A,
Class B, Class C explosives, and special industrial explosives, and any
newly developed and unclassified explosives, shall be kept in magazines
which meet the requirements of this paragraph.
(ii) Blasting caps, electric blasting caps, detonating primers, and
primed cartridges shall not be stored in the same magazine with other
explosives.
(iii) Ground around magazines shall slope away for drainage. The
land surrounding magazines shall be kept clear of brush, dried grass,
leaves, and other materials for a distance of at least 25 feet.
(iv) Magazines as required by this paragraph shall be of two
classes; namely, Class I magazines, and Class II magazines.
(v) Class I magazines shall be required where the quantity of
explosives stored is more than 50 pounds. Class II magazines may be used
where the quantity of explosives stored is 50 pounds or less.
(vi) Class I magazines shall be located away from other magazines in
conformity with Table H-21.
Table H-21--American Table of Distances for Storage of Explosives \1\-
\5\
[As revised and approved by the Institute of Makers of Explosives, June
5, 1964]
------------------------------------------------------------------------
Explosives Distances in feet when
------------------------------------------------ storage is barricaded:
Pounds over Pounds not over Separation of magazines
------------------------------------------------------------------------
2...................... 5 6
5...................... 10 8
10..................... 20 10
20..................... 30 11
30..................... 40 12
40..................... 50 14
50..................... 75 15
75..................... 100 16
100.................... 125 18
125.................... 150 19
150.................... 200 21
200.................... 250 23
250.................... 300 24
300.................... 400 27
400.................... 500 29
500.................... 600 31
600.................... 700 32
700.................... 800 33
800.................... 900 35
900.................... 1,000 36
1,000.................. 1,200 39
1,200.................. 1,400 41
1,400.................. 1,600 43
1,600.................. 1,800 44
1,800.................. 2,000 45
2,000.................. 2,500 49
2,500.................. 3,000 52
3,000.................. 4,000 58
4,000.................. 5,000 61
5,000.................. 6,000 65
6,000.................. 7,000 68
7,000.................. 8,000 72
8,000.................. 9,000 75
9,000.................. 10,000 78
10,000................. 12,000 82
12,000................. 14,000 87
14,000................. 16,000 90
[[Page 276]]
16,000................. 18,000 94
18,000................. 20,000 98
20,000................. 25,000 105
25,000................. 30,000 112
30,000................. 35,000 119
35,000................. 40,000 124
40,000................. 45,000 129
45,000................. 50,000 135
50,000................. 55,000 140
55,000................. 60,000 145
60,000................. 65,000 150
65,000................. 70,000 155
70,000................. 75,000 160
75,000................. 80,000 165
80,000................. 85,000 170
85,000................. 90,000 175
90,000................. 95,000 180
95,000................. 100,000 185
100,000................ 110,000 195
110,000................ 120,000 205
120,000................ 130,000 215
130,000................ 140,000 225
140,000................ 150,000 235
150,000................ 160,000 245
160,000................ 170,000 255
170,000................ 180,000 265
180,000................ 190,000 275
190,000................ 200,000 285
200,000................ 210,000 295
210,000................ 230,000 315
230,000................ 250,000 335
250,000................ 275,000 360
275,000................ 300,000 385
------------------------------------------------------------------------
\1\ ``Natural barricade'' means natural features of the ground, such as
hills, or timber of sufficient density that the surrounding exposures
which require protection cannot be seen from the magazine when the
trees are bare of leaves.
\2\ ``Artificial barricade'' means an artificial mound or revetted wall
of earth of a minimum thickness of three feet.
\3\ ``Barricaded'' means that a building containing explosives is
effectually screened from a magazine, building, railway, or highway,
either by a natural barricade, or by an artificial barricade of such
height that a straight line from the top of any sidewall of the
building containing explosives to the eave line of any magazine, or
building, or to a point 12 feet above the center of a railway or
highway, will pass through such intervening natural or artificial
barricade.
\4\ When two or more storage magazines are located on the same property,
each magazine must comply with the minimum distances specified from
inhabited buildings, railways, and highways, and in addition, they
should be separated from each other by not less than the distances
shown for ``Separation of Magazines,'' except that the quantity of
explosives contained in cap magazines shall govern in regard to the
spacing of said cap magazines from magazines containing other
explosives. If any two or more magazines are separated from each other
by less than the specified ``Separation of Magazines'' distances, then
such two or more magazines, as a group, must be considered as one
magazine, and the total quantity of explosives stored in such group
must be treated as if stored in a single magazine located on the site
of any magazine of the group, and must comply with the minimum of
distances specified from other magazines, inhabited buildings,
railways, and highways.
\5\ This table applies only to the permanent storage of commercial
explosives. It is not applicable to transportation of explosives, or
any handling or temporary storage necessary or incident thereto. It is
not intended to apply to bombs, projectiles, or other heavily encased
explosives.
(vii) Except as provided in subdivision (viii) of this subparagraph,
class II magazines shall be located in conformity with Table H-21, but
may be permitted in warehouses and in wholesale and retail
establishments when located on a floor which has an entrance at outside
grade level and the magazine is located not more than 10 feet from such
an entrance. Two class II magazines may be located in the same building
when one is used only for blasting caps in quantities not in excess of
5,000 caps and a distance of 10 feet is maintained between magazines.
(viii) When used for temporary storage at a site for blasting
operations, class II magazines shall be located away from other
magazines. A distance of at least one hundred and fifty (150) feet shall
be maintained between class II magazines and the work in progress when
the quantity of explosives kept therein is in excess of 25 pounds, and
at least 50 feet when the quantity of explosives is 25 pounds, or less.
(ix) This paragraph (c) does not apply to:
(a) Stocks of small arms ammunition, propellant-actuated power
cartridges, small arms ammunition primers in quantities of less than
750,000, or of smokeless propellants in quantities less than 750 pounds;
(b) Explosive-actuated power devices when in quantities less than 50
pounds net weight of explosives;
(c) Fuse lighters and fuse igniters;
(d) Safety fuses other than cordeau detonant fuses.
(2) Construction of magazines--general. (i) Magazines shall be
constructed in conformity with the provisions of this paragraph.
(ii) Magazines for the storage of explosives, other than black
powder, Class B and Class C explosives shall be bullet resistant,
weather resistant, fire resistant, and ventilated sufficiently to
protect the explosive in the specific locality. Magazines used only for
storage of black powder, Class B and Class C explosives shall be weather
resistant, fire-resistant, and have ventilation. Magazines for storage
of blasting and electric blasting caps shall be weather resistant, fire-
resistant, and ventilated.
[[Page 277]]
(iii) Property upon which Class I magazines are located and property
where Class II magazines are located outside of buildings shall be
posted with signs reading ``Explosives--Keep Off.''
(iv) Magazines requiring heat shall be heated by either hot-water
radiant heating with the magazine building; or air directed into the
magazine building over either hot water or low pressure steam (15
p.s.i.g.) coils located outside the magazine building.
(v) The magazine heating systems shall meet the following
requirements:
(a) The radiant heating coils within the building shall be installed
in such a manner that the explosives or explosives containers cannot
contact the coils and air is free to circulate between the coils and the
explosives or explosives containers.
(b) The heating ducts shall be installed in such a manner that the
hot-air discharge from the duct is not directed against the explosives
or explosives containers.
(c) The heating device used in connection with a magazine shall have
controls which prevent the ambient building temperature from exceeding
130 deg. F.
(d) The electric fan or pump used in the heating system for a
magazine shall be mounted outside and separate from the wall of the
magazine and shall be grounded.
(e) The electric fan motor and the controls for electrical heating
devices used in heating water or steam shall have overloads and
disconnects, which comply with subpart S of this part. All electrical
switch gear shall be located a minimum distance of 25 feet from the
magazine.
(f) The heating source for water or steam shall be separated from
the magazine by a distance of not less than 25 feet when electrical and
50 feet when fuel fired. The area between the heating unit and the
magazine shall be cleared of all combustible materials.
(g) The storage of explosives and explosives containers in the
magazine shall allow uniform air circulation so product temperature
uniformity can be maintained.
(vi) When lights are necessary inside the magazine, electric safety
flashlight, or electric safety lanterns shall be used.
(3) Construction of Class I magazines. (i) Class I magazines shall
be of masonry construction or of wood or of metal construction, or a
combination of these types. Thickness of masonry units shall not be less
than 8 inches. Hollow masonry units used in construction required to be
bullet resistant shall have all hollow spaces filled with weak cement or
well-tamped sand. Wood constructed walls, required to be bullet
resistant, shall have at least a 6-inch space between interior and
exterior sheathing and the space between sheathing shall be filled with
well-tamped sand. Metal wall construction, when required to be bullet
resistant, shall be lined with brick at least 4 inches in thickness or
shall have at least a 6-inch sandfill between interior and exterior
walls.
(ii) Floors and roofs of masonry magazines may be of wood
construction. Wood floors shall be tongue and grooved lumber having a
nominal thickness of 1 inch.
(iii) Roofs required to be bullet resistant shall be protected by a
sand tray located at the line of eaves and covering the entire area
except that necessary for ventilation. Sand in the sand tray shall be
maintained at a depth of not less than 4 inches.
(iv) All wood at the exterior of magazines, including eaves, shall
be protected by being covered with black or galvanized steel or aluminum
metal of thickness of not less than No. 26 gage. All nails exposed to
the interior of magazines shall be well countersunk.
(v) Foundations for magazines shall be of substantial construction
and arranged to provide good cross ventilation.
(vi) Magazines shall be ventilated sufficiently to prevent dampness
and heating of stored explosives. Ventilating openings shall be screened
to prevent the entrance of sparks.
(vii) Openings to magazines shall be restricted to that necessary
for the placement and removal of stocks of explosives. Doors for
openings in magazines for Class A explosives shall be bullet resistant.
Doors for magazines not required to be bullet resistant shall
[[Page 278]]
be designed to prevent unauthorized entrance to the magazine.
(viii) [Reserved]
(ix) Provisions shall be made to prevent the piling of stocks of
explosives directly against masonry walls, brick-lined or sand-filled
metal walls and single-thickness metal walls; such protection, however,
shall not interfere with proper ventilation at the interior of side and
end walls.
(4) Construction of Class II magazines. (i) Class II magazines shall
be of wood or metal construction, or a combination thereof.
(ii) Wood magazines of this class shall have sides, bottom, and
cover constructed of 2-inch hardwood boards well braced at corners and
protected by being entirely covered with sheet metal of not less than
No. 20 gage. All nails exposed to the interior of the magazine shall be
well countersunk. All metal magazines of this class shall have sides,
bottom, and cover constructed of sheet metal, and shall be lined with
three-eighths-inch plywood or equivalent. Edges of metal covers shall
overlap sides at least 1 inch.
(iii) Covers for both wood- and metal-constructed magazines of this
class shall be provided with substantial strap hinges and shall be
provided with substantial means for locking.
(iv) Magazines of this class shall be painted red and shall bear
lettering in white, on all sides and top, at least 3 inches high,
``Explosives--Keep Fire Away.'' Class II magazines when located in
warehouses, and in wholesale and retail establishments shall be provided
with substantial wheels or casters to facilitate easy removal in the
case of fire. Where necessary due to climatic conditions, Class II
magazines shall be ventilated.
(5) Storage within magazines. (i) Packages of explosives shall be
laid flat with top side up. Black powder when stored in magazines with
other explosives shall be stored separately. Black powder stored in kegs
shall be stored on ends, bungs down, or on side, seams down.
Corresponding grades and brands shall be stored together in such a
manner that brands and grade marks show. All stocks shall be stored so
as to be easily counted and checked. Packages of explosives shall be
piled in a stable manner. When any kind of explosive is removed from a
magazine for use, the oldest explosive of that particular kind shall
always be taken first.
(ii) Packages of explosives shall not be unpacked or repacked in a
magazine nor within 50 feet of a magazine or in close proximity to other
explosives. Tools used for opening packages of explosives shall be
constructed of nonsparking materials, except that metal slitters may be
used for opening fiberboard boxes. A wood wedge and a fiber, rubber, or
wood mallet shall be used for opening or closing wood packages of
explosives. Opened packages of explosives shall be securely closed
before being returned to a magazine.
(iii) Magazines shall not be used for the storage of any metal tools
nor any commodity except explosives, but this restriction shall not
apply to the storage of blasting agents and blasting supplies.
(iv) Magazine floors shall be regularly swept, kept clean, dry, free
of grit, paper, empty used packages, and rubbish. Brooms and other
cleaning utensils shall not have any spark-producing metal parts.
Sweepings from floors of magazines shall be properly disposed of.
Magazine floors stained with nitroglycerin shall be cleaned according to
instructions by the manufacturer.
(v) When any explosive has deteriorated to an extent that it is in
an unstable or dangerous condition, or if nitroglycerin leaks from any
explosives, then the person in possession of such explosive shall
immediately proceed to destroy such explosive in accordance with the
instructions of the manufacturer. Only experienced persons shall be
allowed to do the work of destroying explosives.
(vi) When magazines need inside repairs, all explosives shall be
removed therefrom and the floors cleaned. In making outside repairs, if
there is a possibility of causing sparks or fire the explosives shall be
removed from the magazine. Explosives removed from a magazine under
repair shall either be placed in another magazine or placed a safe
distance from the magazine where
[[Page 279]]
they shall be properly guarded and protected until repairs have been
completed, when they shall be returned to the magazine.
(vii) Smoking, matches, open flames, spark-producing devices, and
firearms (except firearms carried by guards) shall not be permitted
inside of or within 50 feet of magazines. The land surrounding a
magazine shall be kept clear of all combustible materials for a distance
of at least 25 feet. Combustible materials shall not be stored within 50
feet of magazines.
(viii) Magazines shall be in the charge of a competent person at all
times and who shall be held responsible for the enforcement of all
safety precautions.
(ix) Explosives recovered from blasting misfires shall be placed in
a separate magazine until competent personnel has determined from the
manufacturer the method of disposal. Caps recovered from blasting
misfires shall not be reused. Such explosives and caps shall then be
disposed of in the manner recommended by the manufacturer.
(d) Transportation of explosives--(1) General provisions. (i) No
employee shall be allowed to smoke, carry matches or any other flame-
producing device, or carry any firearms or loaded cartridges while in or
near a motor vehicle transporting explosives; or drive, load, or unload
such vehicle in a careless or reckless manner.
(ii) [Reserved]
(iii) Explosives shall not be transferred from one vehicle to
another within the confines of any jurisdiction (city, county, State, or
other area) without informing the fire and police departments thereof.
In the event of breakdown or collision the local fire and police
departments shall be promptly notified to help safeguard such
emergencies. Explosives shall be transferred from the disabled vehicle
to another only, when proper and qualified supervision is provided.
(iv) Blasting caps or electric blasting caps shall not be
transported over the highways on the same vehicles with other
explosives, unless packaged, segregated, and transported in accordance
with the Department of Transportation's Hazardous Materials Regulations
(49 CFR parts 177-180).
(2) Transportation vehicles. (i) Vehicles used for transporting
explosives shall be strong enough to carry the load without difficulty
and be in good mechanical condition. If vehicles do not have a closed
body, the body shall be covered with a flameproof and moistureproof
tarpaulin or other effective protection against moisture and sparks. All
vehicles used for the transportation of explosives shall have tight
floors and any exposed spark-producing metal on the inside of the body
shall be covered with wood or other nonsparking materials to prevent
contact with packages of explosives. Packages of explosives shall not be
loaded above the sides of an open-body vehicle.
(ii) Every vehicle used for transporting explosives and oxidizing
materials listed in paragraph (d)(2)(ii)(a) of this section shall be
marked as follows:
(a) Exterior markings or placards required on applicable vehicles
shall be as follows for the various classes of commodities:
------------------------------------------------------------------------
Commodity Type of marking or placard
------------------------------------------------------------------------
Explosives, Class A, any quantity or a Explosives A (Red letters on
combination of Class A and Class B white background).
explosives.
Explosives, Class B, and quantity......... Explosives B (Red letters on
white background).
Oxidizing material (blasting agents, Oxidizers (Yellow letters on
ammonium nitrate, etc.), 1,000 pounds or black background).
more gross weight.
------------------------------------------------------------------------
(b) [Reserved]
(c) Such markings or placards shall be displayed at the front, rear,
and on each side of the motor vehicle or trailer, or other cargo
carrying body while it contains explosives or other dangerous articles
of such type and in such quantity as specified in paragraph
(d)(1)(ii)(a) of this subdivision. The front marking or placard may be
displayed on the front of either the truck, truck body, truck tractor or
the trailer.
(d) Any motor vehicle, trailer, or other cargo-carrying body
containing more than one kind of explosive as well as an oxidizing
material requiring a placard under the provisions of paragraph
(d)(2)(ii)(a), the aggregate gross weight of which totals 1,000 pounds
or more, shall be marked or placarded ``Dangerous'' as well as
``Explosive A''
[[Page 280]]
or ``Explosive B'' as appropriate. If explosives Class A and explosives
Class B are loaded on the same vehicle, the ``Explosives B'' marking
need not be displayed.
(e) In any combination of two or more vehicles containing explosives
or other dangerous articles each vehicle shall be marked or placarded as
to its contents and in accordance with paragraphs (d)(2)(ii) (a) and (c)
of this subdivision.
(iii) Each motor vehicle used for transporting explosives shall be
equipped with a minimum of two extinguishers, each having a rating of at
least 10-BC.
(a) Only extinguishers listed or approved by a nationally recognized
testing laboratory shall be deemed suitable for use on explosives-
carrying vehicles. Refer to Sec. 1910.155(c)(3)(iv)(A) for definition of
listed, and Sec. 1910.7 for nationally recognized testing laboratory.
(b) Extinguishers shall be filled and ready for immediate use and
located near the driver's seat. Extinguishers shall be examined
periodically by a competent person.
(iv) A motor vehicle used for transporting explosives shall be given
the following inspection to determine that it is in proper condition for
safe transportation of explosives:
(a) Fire extinguishers shall be filled and in working order.
(b) All electrical wiring shall be completely protected and securely
fastened to prevent short-circuiting.
(c) Chassis, motor, pan, and underside of body shall be reasonably
clean and free of excess oil and grease.
(d) Fuel tank and feedline shall be secure and have no leaks.
(e) Brakes, lights, horn, windshield wipers, and steering apparatus
shall function properly.
(f) Tires shall be checked for proper inflation and defects.
(g) The vehicle shall be in proper condition in every other respect
and acceptable for handling explosives.
(3) Operation of transportation vehicles. (i) Vehicles transporting
explosives shall only be driven by and be in the charge of a driver who
is familiar with the traffic regulations, State laws, and the provisions
of this section.
(ii) Except under emergency conditions, no vehicle transporting
explosives shall be parked before reaching its destination, even though
attended, on any public street adjacent to or in proximity to any place
where people work.
(iii) Every motor vehicle transporting any quantity of Class A or
Class B explosives shall, at all times, be attended by a driver or other
attendant of the motor carrier. This attendant shall have been made
aware of the class of the explosive material in the vehicle and of its
inherent dangers, and shall have been instructed in the measures and
procedures to be followed in order to protect the public from those
dangers. He shall have been made familiar with the vehicle he is
assigned, and shall be trained, supplied with the necessary means, and
authorized to move the vehicle when required.
(a) For the purpose of this subdivision, a motor vehicle shall be
deemed ``attended'' only when the driver or other attendant is
physically on or in the vehicle, or has the vehicle within his field of
vision and can reach it quickly and without any kind of interference
``attended'' also means that the driver or attendant is awake, alert,
and not engaged in other duties or activities which may divert his
attention from the vehicle, except for necessary communication with
public officers, or representatives of the carrier shipper, or
consignee, or except for necessary absence from the vehicle to obtain
food or to provide for his physical comfort.
(b) However, an explosive-laden vehicle may be left unattended if
parked within a securely fenced or walled area with all gates or
entrances locked where parking of such vehicle is otherwise permissible,
or at a magazine site established solely for the purpose of storing
explosives.
(iv) No spark-producing metal, spark-producing metal tools, oils,
matches, firearms, electric storage batteries, flammable substances,
acids, oxidizing materials, or corrosive compounds shall be carried in
the body of any motor truck and/or vehicle transporting explosives,
unless the loading of such dangerous articles and the explosives comply
with U.S. Department of Transportation regulations.
[[Page 281]]
(v) Vehicles transporting explosives shall avoid congested areas and
heavy traffic. Where routes through congested areas have been designated
by local authorities such routes shall be followed.
(vi) Delivery shall only be made to authorized persons and into
authorized magazines or authorized temporary storage or handling areas.
(e) Use of explosives and blasting agents--(1) General provisions.
(i) While explosives are being handled or used, smoking shall not be
permitted and no one near the explosives shall possess matches, open
light or other fire or flame. No person shall be allowed to handle
explosives while under the influence of intoxicating liquors, narcotics,
or other dangerous drugs.
(ii) Original containers or Class II magazines shall be used for
taking detonators and other explosives from storage magazines to the
blasting area.
(iii) When blasting is done in congested areas or in close proximity
to a structure, or any other installation that may be damaged, the blast
shall be covered before firing with a mat constructed so that it is
capable of preventing fragments from being thrown.
(iv) Persons authorized to prepare explosive charges or conduct
blasting operations shall use every reasonable precaution, including but
not limited to warning signals, flags, barricades, or woven wire mats to
insure the safety of the general public and workmen.
(v) Blasting operations shall be conducted during daylight hours.
(vi) Whenever blasting is being conducted in the vicinity of gas,
electric, water, fire alarm, telephone, telegraph, and steam utilities,
the blaster shall notify the appropriate representatives of such
utilities at least 24 hours in advance of blasting, specifying the
location and intended time of such blasting. Verbal notice shall be
confirmed with written notice.
(vii) Due precautions shall be taken to prevent accidental discharge
of electric blasting caps from current induced by radar, radio
transmitters, lightning, adjacent powerlines, dust storms, or other
sources of extraneous electricity. These precautions shall include:
(a) The suspension of all blasting operations and removal of persons
from the blasting area during the approach and progress of an electric
storm.
(b) The posting of signs warning against the use of mobile radio
transmitters on all roads within 350 feet of the blasting operations.
(2) Storage at use sites. (i) Empty containers and paper and fiber
packing materials which have previously contained explosive materials
shall be disposed of in a safe manner, or reused in accordance with the
Department of Transportation's Hazardous Materials Regulations (49 CFR
parts 177-180).
(ii) Containers of explosives shall not be opened in any magazine or
within 50 feet of any magazine. In opening kegs or wooden cases, no
sparking metal tools shall be used; wooden wedges and either wood, fiber
or rubber mallets shall be used. Nonsparking metallic slitters may be
used for opening fiberboard cases.
(iii) Explosives or blasting equipment that are obviously
deteriorated or damaged shall not be used.
(iv) No explosives shall be abandoned.
(3) Loading of explosives in blast holes. (i) All drill holes shall
be sufficiently large to admit freely the insertion of the cartridges of
explosives.
(ii) Tamping shall be done only with wood rods without exposed metal
parts, but nonsparking metal connectors may be used for jointed poles.
Violent tamping shall be avoided. Primed cartridges shall not be tamped.
(iii) When loading blasting agents pneumatically over electric
blasting caps, semiconductive delivery hose shall be used and the
equipment shall be bonded and grounded.
(iv) No holes shall be loaded except those to be fired in the next
round of blasting. After loading, all remaining explosives shall be
immediately returned to an authorized magazine.
(v) Drilling shall not be started until all remaining butts of old
holes are examined with a wooden stick for unexploded charges, and if
any are found, they shall be refired before work proceeds.
(vi) No person shall be allowed to deepen drill holes which have
contained explosives.
(vii) After loading for a blast is completed, all excess blasting
caps or electric blasting caps and other explosives
[[Page 282]]
shall immediately be returned to their separate storage magazines.
(4) Initiation of explosive charges.
(i) [Reserved]
(ii) When fuse is used, the blasting cap shall be securely attached
to the safety fuse with a standard-ring type cap crimper. All primers
shall be assembled at least 50 feet from any magazine.
(iii) Primers shall be made up only as required for each round of
blasting.
(iv) No blasting cap shall be inserted in the explosives without
first making a hole in the cartridge for the cap with a wooden punch of
proper size or standard cap crimper.
(v) Explosives shall not be extracted from a hole that has once been
charged or has misfired unless it is impossible to detonate the
unexploded charge by insertion of a fresh additional primer.
(vi) If there are any misfires while using cap and fuse, all persons
shall be required to remain away from the charge for at least 1 hour. If
electric blasting caps are used and a misfire occurs, this waiting
period may be reduced to 30 minutes. Misfires shall be handled under the
direction of the person in charge of the blasting and all wires shall be
carefully traced and search made for unexploded charges.
(vii) Blasters, when testing circuits to charged holes, shall use
only blasting galvanometers designed for this purpose.
(viii) Only the employee making leading wire connections in
electrical firing shall be allowed to fire the shot. Leading wires shall
remain shorted and not be connected to the blasting machine or other
source of current until the charge is to be fired.
(5) Warning required. Before a blast is fired, the employer shall
require that a loud warning signal be given by the person in charge, who
has made certain that all surplus explosives are in a safe place, all
persons and vehicles are at a safe distance or under sufficient cover,
and that an adequate warning has been given.
(f) Explosives at piers, railway stations, and cars or vessels not
otherwise specified in this standard--(1) Railway cars. Except in an
emergency and with permission of the local authority, no person shall
have or keep explosives in a railway car unless said car and contents
and methods of loading are in accordance with the U.S. Department of
Transportation Regulations for the Transportation of Explosives, 49 CFR
chapter I.
(2) Packing and marking. No person shall deliver any explosive to
any carrier unless such explosive conforms in all respects, including
marking and packing, to the U.S. Department of Transportation
Regulations for the Transportation of Explosives.
(3) Marking cars. Every railway car containing explosives which has
reached its designation, or is stopped in transit so as no longer to be
in interstate commerce, shall have attached to both sides and ends of
the car, cards with the words ``Explosives--Handle Carefully--Keep Fire
Away'' in red letters at least 1\1/2\ inches high on a white background.
(4) Storage. Any explosives at a railway facility, truck terminal,
pier, wharf harbor facility, or airport terminal whether for delivery to
a consignee, or forwarded to some other destination shall be kept in a
safe place, isolated as far as practicable and in such manner that they
can be easily and quickly removed.
(5) Hours of transfer. Explosives shall not be delivered to or
received from any railway station, truck terminal, pier, wharf, harbor
facility, or airport terminal between the hours of sunset and sunrise.
(g) Blasting agents--(1) General. Unless otherwise set forth in this
paragraph, blasting agents, excluding water gels, shall be transported,
stored, and used in the same manner as explosives. Water gels are
covered in paragraph (h) of this section.
(2) Fixed location mixing. (i) [Reserved]
(ii) Buildings used for the mixing of blasting agents shall conform
to the requirements of this section.
(a) Buildings shall be of noncombustible construction or sheet metal
on wood studs.
(b) Floors in a mixing plant shall be of concrete or of other
nonabsorbent materials.
(c) All fuel oil storage facilities shall be separated from the
mixing plant and located in such a manner that in case
[[Page 283]]
of tank rupture, the oil will drain away from the mixing plant building.
(d) The building shall be well ventilated.
(e) Heating units which do not depend on combustion processes, when
properly designed and located, may be used in the building. All direct
sources of heat shall be provided exclusively from units located outside
the mixing building.
(f) All internal-combustion engines used for electric power
generation shall be located outside the mixing plant building, or shall
be properly ventilated and isolated by a firewall. The exhaust systems
on all such engines shall be located so any spark emission cannot be a
hazard to any materials in or adjacent to the plant.
(iii) Equipment used for mixing blasting agents shall conform to the
requirements of this subdivision.
(a) The design of the mixer shall minimize the possibility of
frictional heating, compaction, and especially confinement. All bearings
and drive assemblies shall be mounted outside the mixer and protected
against the accumulation of dust. All surfaces shall be accessible for
cleaning.
(b) Mixing and packaging equipment shall be constructed of materials
compatible with the fuel-ammonium nitrate composition.
(c) Suitable means shall be provided to prevent the flow of fuel oil
to the mixer in case of fire. In gravity flow systems an automatic
spring-loaded shutoff valve with fusible link shall be installed.
(iv) The provisions of this subdivision shall be considered when
determining blasting agent compositions.
(a) The sensitivity of the blasting agent shall be determined by
means of a No. 8 test blasting cap at regular intervals and after every
change in formulation.
(b) Oxidizers of small particle size, such as crushed ammonium
nitrate prills or fines, may be more sensitive than coarser products and
shall, therefore, be handled with greater care.
(c) No hydrocarbon liquid fuel with flashpoint lower than that of
No. 2 diesel fuel oil 125 deg. F. minimum shall be used.
(d) Crude oil and crankcase oil shall not be used.
(e) Metal powders such as aluminum shall be kept dry and shall be
stored in containers or bins which are moisture-resistant or
weathertight. Solid fuels shall be used in such manner as to minimize
dust explosion hazards.
(f) Peroxides and chlorates shall not be used.
(v) All electrical switches, controls, motors, and lights located in
the mixing room shall conform to the requirements in subpart S of this
part for Class II, Division 2 locations; otherwise they shall be located
outside the mixing room. The frame of the mixer and all other equipment
that may be used shall be electrically bonded and be provided with a
continuous path to the ground.
(vi) Safety precautions at mixing plants shall include the
requirements of this subdivision.
(a) Floors shall be constructed so as to eliminate floor drains and
piping into which molten materials could flow and be confined in case of
fire.
(b) The floors and equipment of the mixing and packaging room shall
be cleaned regularly and thoroughly to prevent accumulation of oxidizers
or fuels and other sensitizers.
(c) The entire mixing and packaging plant shall be cleaned regularly
and thoroughly to prevent excessive accumulation of dust.
(d) Smoking, matches, open flames, spark-producing devices, and
firearms (except firearms carried by guards) shall not be permitted
inside of or within 50 feet of any building or facility used for the
mixing of blasting agents.
(e) The land surrounding the mixing plant shall be kept clear of
brush, dried grass, leaves, and other materials for a distance of at
least 25 feet.
(f) Empty ammonium nitrate bags shall be disposed of daily in a safe
manner.
(g) No welding shall be permitted or open flames used in or around
the mixing or storage area of the plant unless the equipment or area has
been completely washed down and all oxidizer material removed.
(h) Before welding or repairs to hollow shafts, all oxidizer
material shall
[[Page 284]]
be removed from the outside and inside of the shaft and the shaft vented
with a minimum one-half inch diameter opening.
(i) Explosives shall not be permitted inside of or within 50 feet of
any building or facility used for the mixing of blasting agents.
(3) Bulk delivery and mixing vehicles. (i) The provisions of this
paragraph shall apply to off-highway private operations as well as to
all public highway movements.
(ii) A bulk vehicle body for delivering and mixing blasting agents
shall conform with the requirements of this paragraph (ii).
(a) The body shall be constructed of noncombustible materials.
(b) Vehicles used to transport bulk premixed blasting agents on
public highways shall have closed bodies.
(c) All moving parts of the mixing system shall be designed as to
prevent a heat buildup. Shafts or axles which contact the product shall
have outboard bearings with 1-inch minimum clearance between the
bearings and the outside of the product container. Particular attention
shall be given to the clearances on all moving parts.
(d) A bulk delivery vehicle shall be strong enough to carry the load
without difficulty and be in good mechanical condition.
(iii) Operation of bulk delivery vehicles shall conform to the
requirements of this subdivision. These include the placarding
requirements as specified by Department of Transportation.
(a) The operator shall be trained in the safe operation of the
vehicle together with its mixing, conveying, and related equipment. The
employer shall assure that the operator is familiar with the commodities
being delivered and the general procedure for handling emergency
situations.
(b) The hauling of either blasting caps or other explosives but not
both, shall be permitted on bulk trucks provided that a special wood or
nonferrous-lined container is installed for the explosives. Such
blasting caps or other explosives shall be in DOT-specified shipping
containers: see 49 CFR chapter I.
(c) No person shall smoke, carry matches or any flame-producing
device, or carry any firearms while in or about bulk vehicles effecting
the mixing transfer or down-the-hole loading of blasting agents at or
near the blasting site.
(d) Caution shall be exercised in the movement of the vehicle in the
blasting area to avoid driving the vehicle over or dragging hoses over
firing lines, cap wires, or explosive materials. The employer shall
assure that the driver, in moving the vehicle, has assistance of a
second person to guide his movements.
(e) No intransit mixing of materials shall be performed.
(iv) Pneumatic loading from bulk delivery vehicles into blastholes
primed with electric blasting caps or other static-sensitive systems
shall conform to the requirements of this subdivision.
(a) A positive grounding device shall be used to prevent the
accumulation of static electricity.
(b) A discharge hose shall be used that has a resistance range that
will prevent conducting stray currents, but that is conductive enough to
bleed off static buildup.
(c) A qualified person shall evaluate all systems to determine if
they will adequately dissipate static under potential field conditions.
(v) Repairs to bulk delivery vehicles shall conform to the
requirements of this section.
(a) No welding or open flames shall be used on or around any part of
the delivery equipment unless it has been completely washed down and all
oxidizer material removed.
(b) Before welding or making repairs to hollow shafts, the shaft
shall be thoroughly cleaned inside and out and vented with a minimum
one-half-inch diameter opening.
(4) Bulk storage bins. (i) The bin, including supports, shall be
constructed of compatible materials, waterproof, and adequately
supported and braced to withstand the combination of all loads including
impact forces arising from product movement within the bin and
accidental vehicle contact with the support legs.
(ii) The bin discharge gate shall be designed to provide a closure
tight enough to prevent leakage of the
[[Page 285]]
stored product. Provision shall also be made so that the gate can be
locked.
(iii) Bin loading manways or access hatches shall be hinged or
otherwise attached to the bin and be designed to permit locking.
(iv) Any electrically driven conveyors for loading or unloading bins
shall conform to the requirements of subpart S of this part. They shall
be designed to minimize damage from corrosion.
(v) Bins containing blasting agent shall be located, with respect to
inhabited buildings, passenger railroads, and public highways, in
accordance with Table-21 and separation from other blasting agent
storage and explosives storage shall be in conformity with Table H-22.
(vi) Bins containing ammonium nitrate shall be separated from
blasting agent storage and explosives storage in conformity with Table
H-22.
Table H-22--Table of Recommended Separation Distances of Ammonium
Nitrate and Blasting Agents From Explosives or Blasting Agents \1\-\6\
------------------------------------------------------------------------
Donor weight Minimum separation distance
----------------------- of receptor when barricaded Minimum thickness
\2\ (ft.) of artificial
Pounds Pounds not ------------------------------- barricades \5\
over over Ammonium Blasting (in.)
nitrate \3\ agent \4\
------------------------------------------------------------------------
........ 100 3 11 12
100....... 300 4 14 12
300....... 600 5 18 12
600....... 1,000 6 22 12
1,000..... 1,600 7 25 12
1,600..... 2,000 8 29 12
2,000..... 3,000 9 32 15
3,000..... 4,000 10 36 15
4,000..... 6,000 11 40 15
6,000..... 8,000 12 43 20
8,000..... 10,000 13 47 20
10,000.... 12,000 14 50 20
12,000.... 16,000 15 54 25
16,000.... 20,000 16 58 25
20,000.... 25,000 18 65 25
25,000.... 30,000 19 68 30
30,000.... 35,000 20 72 30
35,000.... 40,000 21 76 30
40,000.... 45,000 22 79 35
45,000.... 50,000 23 83 35
50,000.... 55,000 24 86 35
55,000.... 60,000 25 90 35
60,000.... 70,000 26 94 40
70,000.... 80,000 28 101 40
80,000.... 90,000 30 108 40
90,000.... 100,000 32 115 40
100,000... 120,000 34 122 50
120,000... 140,000 37 133 50
140,000... 160,000 40 144 50
160,000... 180,000 44 158 50
180,000... 200,000 48 173 50
200,000... 220,000 52 187 60
220,000... 250,000 56 202 60
250,000... 275,000 60 216 60
275,000... 300,000 64 230 60
------------------------------------------------------------------------
\1\ These distances apply to the separation of stores only. Table H-21
shall be used in determining separation distances from inhabited
buildings, passenger railways, and public highways.
\2\ When the ammonium nitrate and/or blasting agent is not barricaded,
the distances shown in the table shall be multiplied by six. These
distances allow for the possibility of high velocity metal fragments
from mixers, hoppers, truck bodies, sheet metal structures, metal
container, and the like which may enclose the ``donor''. Where storage
is in bullet-resistant magazines recommended for explosives or where
the storage is protected by a bullet-resistant wall, distances, and
barricade thicknesses in excess of those prescribed in Table H-21 are
not required.
\3\ The distances in the table apply to ammonium nitrate that passes the
insensitivity test prescribed in the definition of ammonium nitrate
fertilizer promulgated by the National Plant Food Institute*; and
ammonium nitrate failing to pass said test shall be stored at
separation distances determined by competent persons. (*Definition and
Test Procedures for Ammonium Nitrate Fertilizer, National Plant Food
Institute, November 1964.)
\4\ These distances apply to nitro-carbo-nitrates and blasting agents
which pass the insensitivity test prescribed in the U.S. Department of
Transportation (DOT) regulations.
\5\ Earth, or sand dikes, or enclosures filled with the prescribed
minimum thickness of earth or sand are acceptable artificial
barricades. Natural barricades, such as hills or timber of sufficient
density that the surrounding exposures which require protection cannot
be seen from the ``donor'' when the trees are bare of leaves, are also
acceptable.
\6\ When the ammonium nitrate must be counted in determining the
distances to be maintained from inhabited buildings, passenger
railways and public highways, it may be counted at one-half its actual
weight because its blast effect is lower.
Note 7: Guide to use of table of recommended separation distances of
ammonium nitrate and blasting agents from explosives or blasting
agents.
(a) Sketch location of all potential donor and acceptor materials
together with the maximum mass of material to be allowed in that
vicinity. (Potential donors are high explosives, blasting agents, and
combination of masses of detonating materials. Potential acceptors are
high explosives, blasting agents, and ammonium nitrate.)
(b) Consider separately each donor mass in combination with each
acceptor mass. If the masses are closer than table allowance
(distances measured between nearest edges), the combination of masses
becomes a new potential donor of weight equal to the total mass. When
individual masses are considered as donors, distances to potential
acceptors shall be measured between edges. When combined masses within
propagating distance of each other are considered as a donor, the
appropriate distance to the edge of potential acceptors shall be
computed as a weighted distance from the combined masses.
Calculation of weighted distance from combined masses:
Let M2, M3 . . . Mn be donor masses to be combined.
M1 is a potential acceptor mass.
D