[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2007 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
29
Parts 1911 to 1925
Revised as of July 1, 2007
Labor
________________________
Containing a codification of documents of general
applicability and future effect
As of July 1, 2007
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[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........ 341
Table of CFR Titles and Chapters........................ 345
Alphabetical List of Agencies Appearing in the CFR...... 363
List of CFR Sections Affected........................... 373
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 29 CFR 1911.1 refers
to title 29, part 1911,
section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
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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
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[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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[[Page vii]]
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July 1, 2007.
[[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, part 1900-Sec. 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, 2007.
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.
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, Jonn V. Lilyea was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Ann Worley.
[[Page 1]]
TITLE 29--LABOR
(This book contains parts 1911 to 1925)
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Part
SUBTITLE B--Regulations Relating to Labor (Continued)
chapter xvii--Occupational Safety and Health Administration,
Department of Labor....................................... 1911
[[Page 3]]
Subtitle B--Regulations Relating to Labor (Continued)
[[Page 5]]
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR (CONTINUED)
(Parts 1911 to 1925)
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Part Page
1911 Rules of procedure for promulgating,
modifying, or revoking occupational
safety or health standards.............. 7
1912 Advisory committees on standards............ 11
1912a National Advisory Committee on Occupational
Safety and Health....................... 19
1913 Rules of agency practice and procedure
concerning OSHA access to employee
medical records......................... 22
1915 Occupational safety and health standards for
shipyard employment..................... 27
1917 Marine terminals............................ 201
1918 Safety and health regulations for
longshoring............................. 253
Subject index for 29 CFR 1918--Longshoring.. 306
1919 Gear certification.......................... 309
Subject index for 29 CFR 1919--Gear
certification........................... 328
1920 Procedure for variations from safety and
health regulations under the
Longshoremen's and Harbor Workers'
Compensation Act........................ 329
1921 Rules of practice in enforcement proceedings
under section 41 of the Longshoremen's
and Harbor Workers' Compensation Act.... 330
1922 Investigational hearings under section 41 of
the Longshoremen's and Harbor Workers'
Compensation Act........................ 336
1924 Safety standards applicable to workshops and
rehabilitation facilities assisted by
grants.................................. 337
1925 Safety and health standards for Federal
service contracts....................... 337
[[Page 7]]
PART 1911_RULES OF PROCEDURE FOR PROMULGATING, MODIFYING, OR REVOKING
OCCUPATIONAL SAFETY OR HEALTH STANDARDS--Table of Contents
Sec.
1911.1 Purpose and scope.
1911.2 Definitions.
1911.3 Petition for the promulgation, modification, or revocation of a
standard.
1911.4 Additional or alternative procedural requirements.
1911.5 Minor changes in standards.
Commencement of Rulemaking
1911.10 Construction standards.
1911.11 Other standards.
1911.12 Emergency standards.
Hearings
1911.15 Nature of hearing.
1911.16 Powers of presiding officer.
1911.17 Certification of the record of a hearing.
1911.18 Decision.
Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); secs. 1, 4, Walsh-Healey Public Contracts Act
(41 U.S.C. 35, 38); secs. 2, 4, Service Contracts Act of 1965 (41 U.S.C.
351, 353); sec. 107, Contract Work Hours and Safety Standards Act
(Construction Safety Act) (40 U.S.C. 333); sec. 41, Longshoremen's and
Harbor Workers' Compensation Act (33 U.S.C. 941); sec. 5(j)(2), National
Foundation on Arts and Humanities Act (20 U.S.C. 954(j)(2)); 5 U.S.C.
553; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), or 9-83 (48 FR 35736), as applicable. Sections 1911.12 and
1911.18 also issued under 29 CFR part 1911.
Source: 36 FR 17507, Sept. 1, 1971, unless otherwise noted.
Sec. 1911.1 Purpose and scope.
This part sets forth rules of procedure for promulgating, modifying,
or revoking occupational safety or health standards under section 6(b)
(1), (2), (3), and (4) of the Williams-Steiger Occupational Safety and
Health Act of 1970 and under any of the particular statutes listed in
Sec. 1911.2(d) which may also cover the employments affected by the
standards. The purpose of the rules is to provide for single proceedings
in the setting of standards under the several statutes, in order to
assure uniformity of the standards to be enforced under the several
statutes and in order to avoid needless multiplicity of rulemaking
proceedings dealing with the same subjects and issues relating to
occupational safety and health standards.
Sec. 1911.2 Definitions.
As used in this part, unless the context clearly requires
otherwise--
(a) Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health.
(b) Act means the Williams-Steiger Occupational Safety and Health
Act of 1970 (84 Stat. 1590; 29 U.S.C. 650).
(c) Standard means an occupational safety and health 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, and which is to be promulgated, modified, or revoked in
accordance with section 6(b) (1), (2), (3), and (4) of the Act.
(d) Particular statute means any of the following statutes of
particular application: The Act of June 30, 1936, commonly known as the
Walsh-Healey Public Contracts Act (41 U.S.C. 35 et seq.), the Service
Contract Act of 1965 (41 U.S.C. 351 et seq.), the Construction Safety
Act (40 U.S.C. 333), the Longshoremen's and Harbor Workers' Compensation
Act (33 U.S.C. 941), or the National Foundation on Arts and Humanities
Act (20 U.S.C. 951 et seq.).
Sec. 1911.3 Petition for the promulgation, modification, or revocation of a
standard.
Any interested person may file with the Assistant Secretary,
Occupational Safety and Health Administration, U.S. Department of Labor,
Washington, D.C. 20210, a written petition for the promulgation,
modification, or revocation of a standard. The petition should include,
or be accompanied by, the proposed rule desired and a statement of the
reasons therefor and intended effect thereof.
Sec. 1911.4 Additional or alternative procedural requirements.
Upon reasonable notice to interested persons, the Assistant
Secretary may in any particular proceeding prescribe additional or
alternative procedural requirements:
[[Page 8]]
(a) In order to expedite the conduct of the proceeding;
(b) In order to provide greater procedural protection to interested
persons whenever it is found necessary or appropriate to do so; or
(c) For any other good cause which may be consistent with the
applicable laws.
Sec. 1911.5 Minor changes in standards.
Section 6(b), when construed in light of the rulemaking provisions
of the Administrative Procedure Act (5 U.S.C. 553), is read as
permitting the making of minor rules or amendments in which the public
is not particularly interested without the notice and public procedure
which is otherwise required. Whenever such a minor rule or amendment is
adopted, it shall incorporate a finding of good cause to this effect for
not providing notice and public procedure.
[37 FR 8664, Apr. 29, 1972]
Commencement of Rulemaking
Sec. 1911.10 Construction standards.
The Assistant Secretary may promulgate, modify, or revoke a standard
applicable to employments in construction work, as defined in Sec.
1910.12(b) of this chapter, in the following manner:
(a) The Assistant Secretary shall consult with the Advisory
Committee on Construction Safety and Health, established pursuant to
section 107 of the Contract Work Hours and Safety Standards Act, in the
formulation of a rule to promulgate, modify, or revoke a standard. The
Assistant Secretary shall provide the committee with any proposal of his
own or the Secretary of Health, Education, and Welfare, together with
all pertinent factual information available to him, including the
results of research, demonstrations, and experiments. The committee
shall submit to the Assistant Secretary its recommendations regarding
the rule to be promulgated within the period prescribed by the Assistant
Secretary, which in no event shall be longer than 270 days from the date
of initial consultation.
(b) Within 60 days after the submission of the committee's
recommendations or after the expiration of the period prescribed for
such submissions, whichever date is earlier, the Assistant Secretary, if
he determines that a rule should be issued, shall publish in the Federal
Register a notice of proposed rulemaking. The notice shall include:
(1) The terms of the proposed rule;
(2) A reference to section 6(b) of the Act and to section 107 of the
Contract Work Hours and Safety Standards Act;
(3) An invitation to interested persons to submit within 30 days
after publication of the notice written data, views, and arguments,
which shall be available for public inspection and copying, except as to
matters the disclosure of which is prohibited by law;
(4) The time and place for an informal hearing to be commenced not
earlier than 10 days following the end of the period for written
comments;
(5) A 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 proposed rule and of the evidence to be adduced in support
of the position;
(6) Designation of a presiding officer to conduct the hearing; and
(7) Any other appropriate provisions pertinent to the proceeding.
(c) Any interested person who files an intention to appear in
accordance with paragraph (b) of this section shall have a right to
participate at the informal hearing.
(d) In lieu of the procedure prescribed in paragraph (b) of this
section, the Assistant Secretary may follow the procedure prescribed in
paragraph (b) of Sec. 1911.11 providing an opportunity for informal
hearing.
[36 FR 17507, Sept. 1, 1971, as amended at 37 FR 12231, June 21, 1972]
Sec. 1911.11 Other standards.
The Assistant Secretary may promulgate, modify, or revoke a standard
applicable to employments other than those in construction work, as
defined in Sec. 1910.12(b) of this chapter, in the following manner:
(a) The Assistant Secretary may request the recommendations of an
advisory committee appointed under section 7 of the Act. In such event,
the Assistant Secretary shall submit to the committee any proposal of
his own or of the Secretary of Health, Education,
[[Page 9]]
and Welfare, together with all pertinent factual information available
to him, including the results of research, demonstrations, and
experiments. The committee shall submit to the Assistant Secretary its
recommendations regarding the rule to be promulgated within the period
prescribed by the Assistant Secretary, which in no event shall be longer
than 270 days.
(b) The Assistant Secretary shall publish in the Federal Register a
notice of proposed rulemaking. Where an advisory committee has been
consulted and the Assistant Secretary determines that a rule should be
issued, the notice shall be published within 60 days after the
submission of the committee's recommendations or the expiration of the
period prescribed for such submissions, whichever date is earlier. The
notice shall include:
(1) The terms of the proposed rule;
(2) A reference to section 6(b) of the Act and to the appropriate
section of any particular statute applicable to the employments affected
by the rule;
(3) An invitation to interested persons to submit within 30 days
after publication of the notice written data, views, and arguments,
which shall be available for public inspection and copying, except as to
matters the disclosure of which is prohibited by law;
(4) Either the time and place of an informal hearing on the proposed
rule to be held not earlier than 10 days from the last day of the period
for written comments, or information to interested persons that they may
file on or before the 30th day after publication of the notice written
objections to the proposed rule meeting the requirements of paragraph
(c) of this section and request an informal hearing on the objections;
and
(5) Any other appropriate provisions with regard to the proceeding.
(c) Objections to be submitted pursuant to paragraph (b) of this
section shall comply with the following conditions:
(1) The objections must include the name and address of the
objector;
(2) The objections must be postmarked on or before the 30th day
after the date of publication of the notice of proposed rulemaking;
(3) The objections must specify with particularity the provision of
the proposed rule to which objection is taken, and must state the
grounds therefor;
(4) Each objection must be separately stated and numbered; and
(5) The objections must be accompanied by a summary of the evidence
proposed to be adduced at the requested hearing.
(d) Within 30 days after the last day for filing objections, if
objections are filed in substantial compliance with paragraph (c) of
this section, the Assistant Secretary shall, and in any other case may,
publish in the Federal Register a notice of informal hearing. The notice
shall contain:
(1) A statement of the time, place, and nature of the hearing;
(2) A reference to the authority under which the hearing is to be
held;
(3) A specification of the provisions of the proposed rule which
have been objected to, and on which an informal hearing has been
requested;
(4) A specification of the issues on which the hearing is to be had,
which shall include at least all the issues raised by any objections
properly filed, on which a hearing has been requested;
(5) 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;
(6) The designation of a presiding officer to conduct the hearing;
and
(7) Any other appropriate provisions with regard to the proceeding.
(e) Any objector requesting a hearing on proposed rule, and any
interested person who files a proper intention to appear shall be
entitled to participate at a hearing.
Sec. 1911.12 Emergency standards.
(a)(1) Whenever an emergency standard is published pursuant to
section 6(c) of the Act, the Assistant Secretary must commence a
proceeding under section 6(b) of the Act, and the standard as published
must serve as a proposed rule. Any notice of proposed rulemaking shall
also give notice of any appropriate subsidiary proposals.
(2) An emergency standard promulgated pursuant to section 6(c) of
the
[[Page 10]]
Act shall be considered issued at the time when the standard is
officially filed in the Office of the Federal Register. The time of
official filing in the Office of the Federal Register is established for
the purpose of determining the prematurity, timeliness, or lateness of
petitions for judicial review.
(b) If the Assistant Secretary wishes to consult an advisory
committee on any of the proposals as permitted by section 7(b) of the
Act, he shall afford interested persons an opportunity to inspect and
copy any recommendations of the advisory committee within a reasonable
time before the commencement of any informal hearing which may be held
under this part, or before the termination of the period for the
submission of written comments whenever an informal hearing is not
initially noticed under Sec. 1910.11(b)(4) of this chapter.
(c) Section 6(c) requires that any standard must be promulgated
following the rulemaking proceeding within 6 months after the
publication of the emergency standard. Because of the shortness of this
period, the conduct of the proceeding shall be expedited to the extent
practicable.
[37 FR 8664, Apr. 29, 1972, as amended at 42 FR 65166, Dec. 30, 1977]
Hearings
Sec. 1911.15 Nature of hearing.
(a)(1) The legislative history of section 6 indicates that Congress
intended informal rather than formal rulemaking procedures to apply. See
the Conference Report, H. Rept. No. 91-1765, 91st Cong., second sess.,
34 (1970). The informality of the proceedings is also suggested by the
fact that section 6(b) permits the making of a decision on the basis of
written comments alone (unless an objection to a rule is made and a
hearing is requested), the use of advisory committees, and the inherent
legislative nature of the tasks involved. For these reasons, the
proceedings pursuant to Sec. 1911.10 or Sec. 1911.11 shall be
informal.
(2) Section 6(b)(3) provides an opportunity for a hearing on
objections to proposed rulemaking, and section 6(f) provides in
connection with the judicial review of standards, that determinations of
the Secretary shall be conclusive if supported by substantial evidence
in the record as a whole. Although these sections are not read as
requiring a rulemaking proceeding within the meaning of the last
sentence of 5 U.S.C. 553(c) requiring the application of the formal
requirements of 5 U.S.C. 556 and 557, they do suggest a congressional
expectation that the rulemaking would be on the basis of a record to
which a substantial evidence test, where pertinent, may be applied in
the event an informal hearing is held.
(3) The oral hearing shall be legislative in type. However, fairness
may require an opportunity for cross-examination on crucial issues. The
presiding officer is empowered to permit cross- examination under such
circumstances. The essential intent is to provide an opportunity for
effective oral presentation by interested persons which can be carried
out with expedition and in the absence of rigid procedures which might
unduly impede or protract the rulemaking process.
(b) Although any hearing shall be informal and legislative in type,
this part is intended to provide more than the bare essentials of
informal rulemaking 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 crucial 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.
[37 FR 8664, Apr. 29, 1972, as amended at 37 FR 12231, June 21, 1972]
Sec. 1911.16 Powers of presiding officer.
The officer presiding at a hearing shall have all the powers
necessary or appropriate to conduct a fair and full hearing, including
the powers:
(a) To regulate the course of the proceedings;
(b) To dispose of procedural requests, objections, and comparable
matters;
(c) To confine the presentations to the issues specified in the
notice of
[[Page 11]]
hearing, or, where no issues are specified, to matters pertinent to the
proposed rule;
(d) To regulate the conduct of those present at the hearing by
appropriate means;
(e) In his discretion, to permit cross- examination of any witness;
(f) To take official notice of material facts not appearing in the
evidence in the record, so long as parties are entitled, on timely
request, to an opportunity to show the contrary; and
(g) In his discretion, to keep the record open for a reasonable,
stated time to receive written recommendations, and supporting reasons,
and additional data, views, and arguments from any person who has
participated in the oral proceeding.
Sec. 1911.17 Certification of the record of a hearing.
Upon completion of the oral presentations, the transcript thereof,
together with written submissions on the proposed rule, 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. 1911.18 Decision.
(a)(1) Within 60 days after the expiration of the period provided
for the submission of written data, views, and arguments on a proposed
rule on which no hearing is held, or within 60 days after the
certification of the record of a hearing, the Assistant Secretary shall
publish in the Federal Register either an appropriate rule promulgating,
modifying, or revoking a standard, or a determination that such a rule
should not be issued. The action of the Assistant Secretary shall be
taken after consideration of all relevant matter presented in written
submissions and in any hearings held under this part.
(2) A determination that a rule should not be issued on the basis of
existing relevant matter may be accompanied by an invitation for the
submission of additional data, views, or arguments from interested
persons on the issue or issues involved. In which event, an appropriate
rule or other determination shall be made within 60 days following the
end of the period allowed for the submission of the additional comments.
(b) Any rule or standard adopted under paragraph (a) of this section
shall incorporate a concise general statement of its basis and purpose.
The statement is not required to include specific and detailed findings
and conclusions of the kind customarily associated with formal
proceedings. However, the statement will show the significant issues
which have been faced, and will articulate the rationale for their
solution.
(c) Where an advisory committee has been consulted in the
formulation of a proposed rule, the Assistant Secretary may seek the
advice of the advisory committee as to the disposition of the
proceeding. In giving advice to the Assistant Secretary, an advisory
committee shall consider all matter presented to the Assistant
Secretary. The advice of an advisory committee shall take the form of
written recommendations to be submitted to the Assistant Secretary
within a period to be prescribed by him. When the recommendations are
contained in the transcript of the meeting of an advisory committee,
they shall be summary in form. See Sec. Sec. 1912.33 and 1912.34 of
this chapter.
(d) A rule promulgating, modifying, or revoking a standard, or a
determination that a rule should not be promulgated, shall be considered
issued at the time when the rule or determination is officially filed in
the Office of the Federal Register. The time of official filing in the
Office of the Federal Register is established for the purpose of
determining the prematurity, timeliness, or lateness of petitions for
judicial review.
[37 FR 8665, Apr. 29, 1972, as amended at 42 FR 65166, Dec. 30, 1977]
PART 1912_ADVISORY COMMITTEES ON STANDARDS--Table of Contents
Sec.
1912.1 Purpose and scope.
Organizational Matters
1912.2 Types of standards advisory committees.
[[Page 12]]
1912.3 Advisory Committee on Construction Safety and Health.
1912.4 Avoidance of duplication.
1912.5 National Advisory Committee on Occupational Safety and Health.
1912.6 Conflict of interest.
1912.7 Reports.
1912.8 Committee charters.
1912.9 Representation on section 7(b) committees.
1912.10 Terms of continuing committee members.
1912.11 Terms of ad hoc committee members.
1912.12 Termination of advisory committees; renewal.
Operation of Advisory Committees
1912.25 Call of meetings.
1912.26 Approval of agenda.
1912.27 Notice of meetings.
1912.28 Contents of notice.
1912.29 Attendance by members.
1912.30 Quorum; committee procedure.
1912.31 Experts and consultants.
1912.32 Presence of OSHA officer or employee.
1912.33 Minutes.
1912.34 Freedom of Information Act.
1912.35 Availability and cost of transcripts.
1912.36 Advice of advisory committees.
Miscellaneous
1912.40 General services.
1912.41 Legal services.
1912.42 Reservation.
1912.43 Petitions for changes in the rules; complaints.
1912.44 Definitions.
Authority: Secs. 4, 6, 7, 8, Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 656, 657); 5 U.S.C. 553; Federal Advisory
Committee Act (5 U.S.C. App. 2); sec. 107, Contract Work Hours and
Safety Standards Act (Construction Safety Act) (40 U.S.C. 333);
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059),
9-83 (48 FR 35736), or 3-2000 (65 FR 50017), as applicable.
Source: 38 FR 28035, Oct. 11, 1973, unless otherwise noted.
Sec. 1912.1 Purpose and scope.
(a) This part prescribes the policies and procedures governing the
composition and functions of advisory committees which have been, or may
be, appointed under section 7(b) of the Act to assist the Assistant
Secretary in carrying out the standards-setting duties of the Secretary
of Labor under section 6 of the Act. Such committees are specifically
authorized by section 7(b). The part also prescribes the policies and
procedures governing the composition and functions of the Advisory
Committee on Construction Safety and Health.
(b) The policies and practices herein are intended to reflect those
expressed in the Federal Advisory Committee Act (Pub. L. 92-463, 86
Stat. 770) and will be applied in a manner consistent with the Act,
Office of Management and Budget Circular A-63, ``Committee Management'',
and the Department of Labor's general rules under that Act which are
published in part 15 of this title.
Organizational Matters
Sec. 1912.2 Types of standards advisory committees.
The Assistant Secretary establishes two types of advisory committees
under section 7(b) of the Act to assist him in his standards-setting
duties. These are:
(a) Continuing committees which have been, or may be established
from time to time, to assist in the development of standards in areas
where there is frequent rulemaking and the use of ad hoc committees is
impractical; and
(b) Ad hoc committees which are established to render advice in
particular rulemaking proceedings.
Sec. 1912.3 Advisory Committee on Construction Safety and Health.
(a) This part applies to the Advisory Committee on Construction
Safety and Health which has been established under section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 333), commonly
known as the Construction Safety Act. The aforesaid section 107 requires
the Secretary of Labor to seek the advice of the Advisory Committee in
formulating construction standards thereunder. The standards which have
been issued under section 107 are published in part 1926 of this
chapter. In view of the far-reaching coverage of the Construction Safety
Act, the myriad of standards which may be issued thereunder, and the
fact that the Construction Safety Act would also apply to much of the
work which is covered by the Williams-Steiger Occupational Safety and
Health Act of 1970, whenever occupational safety or health standards for
[[Page 13]]
construction activities are proposed, the Assistant Secretary shall
consult the Advisory Committee. The composition of the Advisory
Committee is consistent with that of advisory committees which may be
appointed under section 7(b) of the Act. See paragraph (c) of this
section. An additional advisory committee will not normally be
established under section 7(b) of the Act, unless the issue or issues
involved include, but extend beyond construction activity. See Sec.
1912.4 concerning the general policy against duplication of activity by
advisory committees.
(b) The Advisory Committee is a continuing advisory body. It is
composed of 15 members appointed by the Assistant Secretary, one of whom
is appointed by him as Chairman. The composition of the Advisory
Committee is as follows:
(1) One member who is a designee of the Secretary of Health,
Education, and Welfare;
(2) Five members who are qualified by experience and affiliation to
present the viewpoint of the employers involved, and five members who
are similarly qualified to present the viewpoint of the employees
involved;
(3) Two representatives of State safety and health agencies; and
(4) Two members who are qualified by knowledge and experience to
make a useful contribution to the work of the Committee.
(c) As originally constituted, the Advisory Committee was composed
of nine members. However, pursuant to section 105 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 331), it has been found
necessary and proper in the public interest and in order to prevent
possible injustice, to vary the composition of the Advisory Committee:
(1) By having its membership and representation conform to the
provisions of section 7(b) of the Williams-Steiger Occupational Safety
and Health Act, and
(2) By increasing its membership to 15 members as permitted under
the aforementioned section 7(b).
Greater membership and greater representation serve the public interest
and avoids possible injustice by permitting for the most part the use of
one advisory committee, rather than possibly several advisory
committees, in situations where both the Contract Work Hours and Safety
Standards Act and the Williams-Steiger Occupational Safety and Health
Act may be expected to apply to construction activity and by affording a
greater opportunity for representation on the Advisory Committee within
the construction industry.
(d) See paragraph (c) of Sec. 1912.5 regarding the general policy
role of the Advisory Committee.
(e) Except as provided in paragraphs (f) through (j) of this
section, each member of the Advisory Committee shall serve for a period
of 2 years. Appointment of a member to the Committee for a fixed time
period shall not affect the authority of the Secretary to remove, in his
or her discretion, any member at any time. If a member resigns or is
removed before his or her term expires, the Secretary of Labor may
appoint for the remainder of the unexpired term a new member who shall
represent the same interest as his or her predecessor.
(f) The designee of the Secretary of Health, Education, and Welfare
shall have no fixed term.
(g) To provide for continuity in the membership of the Committee,
the terms of the members may be appropriately staggered.
(h) Members may be appointed to successive terms.
(i) A member who is otherwise qualified may continue to serve until
a successor is appointed.
(j) There shall be filed on behalf of the Advisory Committee on
Construction Safety and Health, an advisory committee established by the
Construction Safety Act, a charter in accordance with section 9(c) of
the Federal Advisory Committee Act upon the expiration of each
successive 2-year period following the date of enactment of the
Construction Safety Act (i.e., August 9, 1969).
[38 FR 28035, Oct. 11, 1973, as amended at 67 FR 659, Jan. 7, 2002]
Sec. 1912.4 Avoidance of duplication.
No standards advisory committee shall be created if its duties are
being, or could be, performed by an existing
[[Page 14]]
advisory committee established under section 7(b) of the Act.
Sec. 1912.5 National Advisory Committee on Occupational Safety and Health.
(a) Section 7(a) of the Act established a National Advisory
Committee on Occupational Safety and Health. The Committee is to advise,
consult with, and make recommendations to the Secretary and the
Secretary of Health, Education, and Welfare on matters relating to
general administration of the Act.
(b) Advisory committees appointed under section 7(b) of the Act,
which are the subject of this part, have a more limited role. Such
advisory committees are concerned exclusively with assisting the
Assistant Secretary in his standards-setting functions under section 6
of the Act.
(c) On the other hand, the Advisory Committee on Construction Safety
and Health, established under the Construction Safety Act, provides
assistance in both the setting of standards thereunder and policy
matters arising in the administration of the Construction Safety Act. To
the extent that the Advisory Committee on Construction Safety and Health
renders advice to the Assistant Secretary on general policy matters, its
activities should be coordinated with those of the National Advisory
Committee on Occupational Safety and Health.
Sec. 1912.6 Conflict of interest.
No members of any advisory committee other than members representing
employers or employees shall have an economic interest in any proposed
rule.
Sec. 1912.7 Reports.
The Assistant Secretary shall prepare, or cause to be prepared, for
the Department of Labor's Committee Management Officer reports
describing the committee's membership, functions, and actions as may be
necessary for the performance of the duties of the Committee Management
officer.
Sec. 1912.8 Committee charters.
(a) Filing. No advisory committee shall take any action or conduct
any business subsequent to January 5, 1973, until a committee charter
has been filed with the Secretary of Labor, the standing committees of
the Congress having legislative jurisdiction of the Department of Labor
and the Library of Congress.
(b) Committee charter information. Each Advisory committee charter
shall contain the following information:
(1) The committee's official designation;
(2) The committee's objectives and scope of activity; i.e., the
standard or standards to be developed;
(3) The period of time necessary for the committee to carry out its
purposes;
(4) The agency to whom the advisory committee reports (i.e., the
Assistant Secretary);
(5) The agency responsible for providing support (i.e., the
Occupational Safety and Health Administration);
(6) Description of the committee's duties;
(7) The estimated number and frequency of committee meetings;
(8) The estimated annual operating costs in dollars and man-years;
(9) The committee's termination date or other fixed period of
termination, if less than 2 years (see Sec. 1912.3(j) concerning the
Advisory Committee on Construction Safety and Health); and
(10) The date the charter is filed with the Department of Labor's
Committee Management Officer.
(c) Applicability of this section to subgroups The applicability of
this section to subgroups of an advisory committee depends upon the
nature of the subgroup. With regard to formal subgroups, such as a
formal subcommittee of an advisory committee, the requisite information
should be set forth either in the charter of the parent committee or in
a separate charter. Informal subgroups of an advisory committee,
particularly those temporary in nature, need not be reflected expressly
in a charter.
(d) The Assistant Secretary shall file each charter with the
Department's Committee Management Officer.
Sec. 1912.9 Representation on section 7(b) committees.
(a) Any advisory committee appointed by the Assistant Secretary
[[Page 15]]
under section 7(b) of the Act shall contain the following:
(1) At least one member who is a designee of the Secretary of
Health, Education, and Welfare;
(2) At least one member who is qualified by experience and
affiliation to present the viewpoint of the employers involved, and at
least one member who is similarly qualified to present the viewpoint of
the employees involved. There shall be an equal number of
representatives of employers and employees involved; and
(3) At least one representative of State health and safety agencies.
(b) The advisory committee may include such other persons as the
Assistant Secretary may appoint who are qualified by knowledge and
experience to make a useful contribution to the work of the committee,
including one or more representatives of professional organizations of
technicians or professionals specializing in occupational safety or
health and one or more persons of nationally recognized standards-
producing organizations, but the number of persons so appointed shall
not exceed the number of persons appointed as representatives of Federal
and State agencies.
(c) Each committee shall consist of not more than 15 members.
(d) The representation in the Advisory Committee on Construction
Safety and Health is described in Sec. 1912.3.
Sec. 1912.10 Terms of continuing committee members.
(a) Each member of a continuing committee established under section
7(b) of the Act, other than those appointed to a committee when it is
formed initially shall serve for a period of 2 years. Appointment of a
member to the Committee for a fixed time period shall not affect the
authority of the Secretary to remove, in his or her discretion, any
member at any time. If a member resigns or is removed before his or her
term expires, the Secretary of Labor may appoint for the remainder of
the unexpired term a new member who shall represent the same interest as
his or her predecessor.
(b) To provide for continuity in the membership of continuing
committees the initial appointments of its members may be varied. For
example, in the case of a 15-member committee, the Assistant Secretary
could appoint two members representing Federal and State agencies, two
members representing employers, two members representing employees, and
two members representing other interests to one year terms. He could
appoint two members representing Federal and State agencies, two members
representing employers, two members representing employees, and one
member representing other interests for two year terms. Thereafter, at
the expiration of such terms, members would be appointed or reappointed
for regular terms of two years. The initial appointments to committees
with fewer than 15 members could be similarly varied.
[38 FR 28035, Oct. 11, 1973, as amended at 67 FR 659, Jan. 7, 2002]
Sec. 1912.11 Terms of ad hoc committee members.
Each member of an ad hoc advisory committee shall serve for such
period as the Assistant Secretary may prescribe in his notice of
appointment. Appointment of a member to the Committee for a fixed time
period shall not affect the authority of the Secretary to remove, in his
or her discretion, any member at any time. If a member resigns or is
removed before his or her term expires, the Secretary of Labor may
appoint a new member to serve for the remaining portion of the period
prescribed in the notice appointing the original member of the
committee.
[67 FR 659, Jan. 7, 2002]
Sec. 1912.12 Termination of advisory committees; renewal.
(a) Every standards advisory committee established under section
7(b) of the Act shall terminate not later than 2 years after its charter
has been filed, unless its charter is renewed by appropriate action for
a successive period of not more than 2 years. The procedure for renewal
shall be the same as that specified in paragraph (b) of this section.
(b) Each advisory committee established under section 7(b) of the
Act which is in existence on January 5, 1973, shall terminate by January
5,
[[Page 16]]
1975, unless it is renewed before the latter date. Before any advisory
committee can be renewed, the Assistant Secretary must determine that
such renewal is necessary, and so inform the Department of Labor's
Committee Management Officer. The OMB Secretariat must be informed of
this determination and the reasons for it. Such determination shall be
made not more than 60 days before the scheduled date of termination. If
the OMB Secretariat concurs, a new charter shall be filed renewing the
advisory committee and a notice of the renewal shall be published in the
Federal Register.
(c) Unless provided otherwise by the Assistant Secretary, the
duration of a subgroup of a committee shall not be longer than that of
the parent committee.
(d) No advisory committee required to file a new charter under this
section shall take any action (other than the preparation and filing of
charter) before the date on which the charter is filed.
Operation of Advisory Committees
Sec. 1912.25 Call of meetings.
No advisory committee shall hold any meeting except at the call of,
or with the advance approval, of the Assistant Secretary or his
representative designated for this purpose. The Department of Labor's
Committee Management Officer shall be promptly informed of any meeting
that is called.
Sec. 1912.26 Approval of agenda.
Each meeting of an advisory committee shall be conducted in
accordance with an agenda approved by the Assistant Secretary or his
representative designated for this purpose. No particular form for the
agency is prescribed.
Sec. 1912.27 Notice of meetings.
Public notice of any meeting of an advisory committee shall be given
by the officer or employee calling the meeting at least fifteen (15)
days in advance of the meeting; except when it is impractical to do so,
or in an emergency situation, in which event shorter advance notice may
be given to the extent that any advance notice is practical. It shall,
however, be a general policy to publish notices as far in advance of the
meeting as circumstances will permit. Such notice shall be given by
publication in the Federal Register. In addition, notice may be given by
such other means as press releases.
[48 FR 23185, May 24, 1983]
Sec. 1912.28 Contents of notice.
(a) The notice shall give the name of the committee, and the time
and place of the meeting.
(b) The notice shall describe fully or summarize adequately the
agenda.
(c) The notice shall announce that the meeting is open to the
public.
(d) The notice shall indicate that interested persons have an
opportunity to file statements in written form with the committee. The
notice may specify whether the statements are to be filed before or
during the meeting.
(1) The chairman may permit oral statements before the committee by
interested persons. In exercising his discretion in this regard, the
chairman shall take into consideration the number of persons in
attendance, the nature and extent of their proposed individual
participation, the extent to which presentations would anticipate
presentations which may be made in any rulemaking proceeding under
section 6 of the Act subsequent to the recommendations of the committee,
and the time, resources, and facilities available to the committee. When
counsel is made available to the committee, the chairman shall consult
counsel before making a decision on whether to permit oral statements.
In his discretion, the chairman, upon consultation with counsel if made
available to the committee, may allow or preclude the questioning of
committee members or other participants.
(2) The person calling the meeting may provide in the notice of the
meeting that summaries of any proposed oral presentations be filed in
advance of the meeting, and may allow or preclude the questioning of
committee members or other participants.
Sec. 1912.29 Attendance by members.
Any person appointed by the Assistant Secretary to an advisory
committee has a right to be present at any
[[Page 17]]
duly called meeting. If any person representing the interests of
employers, employees, or the States is unable to be present at a duly
called meeting, he may notify the Assistant Secretary or his designee,
and request that another member of the Committee representing the same
interests be permitted to vote in his place on any matters coming before
the advisory committee in the particular meeting. The request may be
oral or in writing, and shall be accompanied by a statement of reasons
for the anticipated absence. The Assistant Secretary or his designee
shall grant the request whenever he is convinced that the reasons for
absence are valid and that number of requested proxies for any
particular meeting will not be so numerous as to impede materially the
deliberations of the advisory committee.
Sec. 1912.30 Quorum; committee procedure.
(a) A majority of the members of any advisory committee, including
the Construction Safety Advisory Committee, shall constitute a quorum,
so long as there are present at least one member who is a representative
of employees and one member who is a representative of employers.
(b) In the absence of its chairman, the committee may designate a
member to preside at any meeting thereof.
Sec. 1912.31 Experts and consultants.
At the request of an advisory committee or the person calling a
meeting of an advisory committee, the Assistant Secretary may make
available to the committee any experts or consultants in the field
involved. Any expert or consultant so made available may participate in
the deliberations of the committee with the consent of the committee.
Sec. 1912.32 Presence of OSHA officer or employee.
The meetings of all advisory committees shall be in the presence of
an OSHA officer or employee designated for this purpose. Such officer or
employee shall be empowered to adjourn any meeting whenever he
determines adjournment to be in the public interest.
Sec. 1912.33 Minutes.
(a) Detailed minutes of advisory committee meetings shall be
prepared, as directed, and certified as accurate, by the Chairman of the
committee. In addition to the minutes there shall be kept verbatim
transcripts of all advisory committee meetings.
(b) The minutes shall include at least the following:
(1) A list of the advisory committee members and agency employees
who were present at the meeting;
(2) Any significant conclusions reached which are not
recommendations;
(3) Any written information made available for consideration by the
committee, including copies of all reports received, issued, or approved
by the committee;
(4) Any recommendations made by the committee to the Assistant
Secretary and the reasons therefor;
(5) An explanation of the extent, if any, of public participation,
including a list of interested persons who presented oral or written
statements; and an estimate of the number of the members of the public
who attended the meeting.
Sec. 1912.34 Freedom of Information Act.
Subject to the Freedom of Information Act (5 U.S.C. 552) and part 70
of this title and part 1913 of this chapter, there shall be available
for public inspection and copying in the Office of Standards,
Occupational Safety and Health Administration, documents which were made
available to or prepared for or by each advisory committee.
Sec. 1912.35 Availability and cost of transcripts.
Except where prohibited by contractual agreements entered into
before the effective date of the Federal Advisory Committee Act (January
5, 1973), any transcripts of advisory committee meetings are to be made
available to any person at the actual cost of duplication.
Sec. 1912.36 Advice of advisory committees.
(a) Approval by a majority of all members of an advisory committee
is
[[Page 18]]
encouraged for rendering advice or making recommendations. However, a
failure to marshal a majority of all members of an advisory committee
shall not be a reason for not giving advice to the Assistant Secretary.
The Assistant Secretary shall be informed of any concurring or
dissenting views.
(b) An advisory committee shall submit to the Assistant Secretary
its recommendations within 90 days from the date of its commencement of
its assigned tasks, or within such longer or shorter period otherwise
prescribed by the Assistant Secretary or one of his representatives. If
a committee believes that it cannot submit its recommendations within
the applicable period, its chairman may make a written request for an
extension of time to the Director of the Office of Standards, before the
expiration of the period. The Director of the Office of Standards may
grant such a request, provided that the period of the extension or
extensions, together with the original period for the submission of
recommendations, is not longer than 270 days from the date the advisory
committee commenced its assigned tasks.
(c) In a case where an advisory committee has not submitted its
recommendations by the end of the applicable period therefor, the
Assistant Secretary may dissolve the committee and direct the immediate
transmittal to him of any materials submitted to, or prepared by, the
advisory committee.
Miscellaneous
Sec. 1912.40 General services.
The Assistant Secretary shall provide supporting services to
advisory committees. Such services shall include clerical, stenographic,
and other forms of technical assistance.
Sec. 1912.41 Legal services.
The Solicitor of Labor shall provide such legal assistance as may be
necessary or appropriate for advisory committees to carry out their
functions in accordance with the requirements of this part.
Sec. 1912.42 Reservation.
The policies and procedures set forth in this part are intended for
general application. In specific situations where the Assistant
Secretary determines that different policies or procedures would better
serve the objectives of the Act, such policies or procedures may be
modified upon appropriate notice to any persons affected by the
modification to the extent that such policies or procedures are
consistent with the Federal Advisory Committee Act and OMB Circular A-
63, and are approved by the Solicitor under part 15 of this title.
Sec. 1912.43 Petitions for changes in the rules; complaints.
(a) Each interested person shall have the right to petition for the
issuance, amendment, or repeal of rules published in this part. Any such
petition will be considered in a reasonable time. Prompt notice shall be
given of the denial in whole or in part of any petition. Except in
affirming a prior denial or when the denial is self-explanatory, the
notice shall be accompanied by a brief statement of the reasons
therefor.
(b) Any advisory committee member or any other aggrieved person may
file a written complaint with the Assistant Secretary alleging
noncompliance with the rules in this part. Any complaint must be timely
filed, but in no case shall any complaint be filed later than thirty
(30) days following the act of alleged noncompliance. Any complaint
shall be acted upon promptly and a written notice of the disposition of
the complaint shall be provided to the complainant.
Sec. 1912.44 Definitions.
As used in this part 1912, unless the context clearly requires
otherwise:
(a) Act means the Williams-Steiger Occupational Safety and Health
Act of 1970 (84 Stat. 1590; 29 U.S.C. 650).
(b)(1) For purposes of implementing the Federal Advisory Committee
Act, the term Advisory Committee has the same meaning as set forth in
section 3 (2) thereof. Hence, the term includes subcommittees to the
extent that the conduct of their meetings relates to matters regulated
by the Federal Advisory Committee Act. Consistent with that definition
as interpreted in Office
[[Page 19]]
of Management and Budget (OMB) Circular A-63, the term does not include
informal subgroups having few characteristics of formal advisory
committees.
(2)(i) For purposes of the Act, the term means any committee
appointed under section 7(b) thereof to provide advice to the Assistant
Secretary in the development of occupational safety and health standards
under the Act.
(ii) The term also includes the Advisory Committee on Construction
Safety and Health established under the Construction Safety Act.
(c) Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health.
(d) Committee charter means an order, statement or proclamation of
the Assistant Secretary establishing, continuing, or using an advisory
committee, as the case may be.
(e) Construction Safety Act means section 107 of the Contract Work
Hours and Safety Standards Act (83 Stat. 96; 40 U.S.C. 333).
PART 1912a_NATIONAL ADVISORY COMMITTEE ON OCCUPATIONAL SAFETY AND HEALTH--
Table of Contents
Sec.
1912a.1 Purpose and scope.
1912a.2 Membership.
1912a.3 Terms of membership.
1912a.4 Meetings.
1912a.5 Advice and recommendations.
1912a.6 Quorum.
1912a.7 Notice of meetings.
1912a.8 Contents of notice.
1912a.9 Assistance to the committee.
1912a.10 Presence of OSHA officer or employee.
1912a.11 Minutes; transcript.
1912a.12 Charter.
1912a.13 Subcommittees and subgroups.
1912a.14 Petitions for changes in the rules; complaints.
Authority: Secs. 4, 6, 7, 8, Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 656, 657); 5 U.S.C. 553; Federal Advisory
Committee Act (5 U.S.C. App. 2); Secretary of Labor's Order No. 12-71
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 3-2000 (65 FR
50017), as applicable.
Source: 38 FR 28934, Oct. 18, 1973, unless otherwise noted.
Sec. 1912a.1 Purpose and scope.
(a) Section 7(a) of the Williams-Steiger Occupational Safety and
Health Act of 1970 establishes a National Advisory Committee on
Occupational Safety and Health (hereinafter referred to as the
Committee), to advise, consult with, and make recommendations to the
Secretary of Labor and the Secretary of Health, Education, and Welfare,
on matters relating to the administration of the Act.
(b) This part 1912a sets forth the procedures used by the Committee
in fulfilling its responsibilities. They are intended to comply with the
requirements of the Federal Advisory Committee Act (Pub. L. 92-463),
which obligates advisory committees used by federal agencies to adhere
to certain basic methods of operation and administration.
Sec. 1912a.2 Membership.
The Committee is a continuing advisory body of 12 members. Two
members will represent management, two members will represent labor, two
members will represent the occupational health professions, two members
will represent the occupational safety professions, and four members
will represent the public. The Secretary of Health, Education, and
Welfare will designate the two members representative of the
occupational health professions and two of the members representative of
the public. All the members will be selected upon the basis of their
experience and competence in the field of occupational safety and
health. All the members will be appointed by the Secretary of Labor, who
will designate one of the public members as Chairman.
Sec. 1912a.3 Terms of membership.
Commencing on July 1, 1973, the terms of membership shall be divided
into two classes, each consisting of six members. Members of the first
class shall be appointed for a term of one year. Members of the second
class shall be appointed for a term of two years. Thereafter, members
shall be appointed for regular terms of two years. At all times the
Committee shall be composed of representatives of management, labor, and
occupational safety and health professions, and of the
[[Page 20]]
public. Appointment of a member to the Committee for a fixed time period
shall not affect the authority of the Secretary to remove, in his or her
discretion, any member at any time. If a member resigns or is removed
before his or her term expires, the Secretary of Labor may appoint for
the remainder of the unexpired term a new member who shall represent the
same interest as his or her predecessor.
[67 FR 660, Jan. 7, 2002]
Sec. 1912a.4 Meetings.
(a) The Committee shall hold no fewer than two meetings during each
calendar year and, it is contemplated that no more than six meetings a
year will be held. No meeting shall be held except at the call of or
with the advance approval of:
(1) The Secretary of Labor, or his duly authorized representative;
or
(2) The Secretary of Health, Education, and Welfare, or his duly
authorized representative.
(b) An agenda shall be approved in advance by the person calling or
approving the meeting, in consultation with the Chairman or his
delegate. No particular form for the agenda is prescribed. Members of
the Committee may propose items for the agenda to the Chairman.
Sec. 1912a.5 Advice and recommendations.
Any advice or recommendations of the Committee shall be given or
made with approval of a majority of all Committee members present. The
Chairman shall include in any report of such advice or recommendations
any concurring or dissenting views as well as abstentions and absences.
Any member may submit his own advice and recommendations in the form of
individual views with respect to any matter which has been considered by
the Committee.
Sec. 1912a.6 Quorum.
(a) A majority of the members of the Committee shall constitute a
quorum.
(b) In an absence of brief duration of its Chairman, the Committee
may designate a public member to preside at any meeting thereof. In case
of an extended absence, the Secretary of Labor or his delegate shall
appoint a public member to preside.
[38 FR 28934, Oct. 18, 1973, as amended at 48 FR 23185, May 24, 1983]
Sec. 1912a.7 Notice of meetings.
Public notice of any meeting of the Committee shall be given by the
person calling the meeting in accordance with Sec. 1912a.4 or at his
direction at least fifteen (15) days in advance of the meeting; except
when it is impractical to do so, or in an emergency situation, in which
event shorter advance notice may be given. Such notice shall be given by
publication in the Federal Register as much in advance of the meeting as
circumstances will permit. In addition, notice may be given by such
other means as press releases.
[48 FR 23185, May 24, 1983]
Sec. 1912a.8 Contents of notice.
(a) Notices of meetings shall describe fully or summarize adequately
the agenda.
(b) The notice shall announce that the meeting is open to the
public.
(c) The notice shall indicate that interested persons have an
opportunity to file statements in written form with the Committee. The
notice shall specify when the statements are to be filed with the
Committee.
(d) In the discretion of the Chairman of the meeting, oral
statements may be made before the Committee by interested persons after
taking into consideration the number of persons in attendance, the
nature and extent of their proposed individual participation, and the
time, resources, and facilities available to the Committee. As a general
policy, time for such presentations will be made available only at
subcommittee meetings. The time for a meeting of the full committee does
not normally permit the reception of such presentations without
substantially intruding upon the frequently limited time that the
members may be able to devote to the meeting. The person calling the
meeting may provide in the notice of the meeting that summaries of any
proposed oral presentations be filed in advance of the meeting.
[[Page 21]]
Sec. 1912a.9 Assistance to the committee.
(a) At the request of the Committee or the person calling a meeting,
the Assistant Secretary of Labor for Occupational Safety and Health may
make available to the Committee any needed experts or consultants. Any
expert or consultant so made available may participate in the
deliberations of the Committee with the consent of the Committee.
(b) The Assistant Secretary shall furnish the Committee an executive
secretary. He shall also furnish such secretarial, clerical, and other
services as are deemed necessary to the conduct of its business.
(c) The Solicitor of Labor shall provide such legal assistance as
may be necessary or appropriate for the Committee to carry out its
functions in accordance with the requirements of this part.
Sec. 1912a.10 Presence of OSHA officer or employee.
The meetings of all advisory committees shall be in the presence of
an officer or employee of the Federal Government referred to in Sec.
1912a.4. Such officer or employee shall be empowered to adjourn any
meeting whenever he determines adjournment to be in the public interest.
Sec. 1912a.11 Minutes; transcript.
(a) Detailed minutes of the Committee meetings shall be prepared,
and shall be certified as accurate by the Chairman. In addition to the
minutes there shall be kept verbatim transcripts of the Committee
meetings.
(b) The minutes shall include at least the following:
(1) A list of the Committee members and agency employees who were
present at the meeting;
(2) Any significant conclusions reached which are not
recommendations;
(3) Any written information made available for consideration by the
Committee, including copies of all reports received, issued, or approved
by the Committee;
(4) Any recommendations made by the Committee and the reasons
therefor;
(5) An explanation of the extent, if any, of public participation,
including a list of interested persons who presented oral or written
statements; and an estimate of the number of the members of the public
who attended the meeting.
Sec. 1912a.12 Charter.
The Committee shall operate in accordance with its charter. In
accordance with section 14(b)(2) of the Federal Advisory Committee Act,
there shall be filed on behalf of the Committee a charter in accordance
with section 9(c) thereof upon the expiration of each successive two-
year period following December 28, 1970, the date of enactment of the
Occupational Safety and Health Act.
Sec. 1912a.13 Subcommittees and subgroups.
(a) The Chairman may appoint from among the members of the Committee
any number of subcommittees for the purpose of assisting the Committee
in carrying out its functions. All the provisions of this part regarding
the conduct of Committee meetings are applicable to the conduct of
subcommittee meetings. For example, any meeting of subcommittees shall
be open to the public, and notice of subcommittee meetings shall be
published in the Federal Register.
(b) The purpose of any subcommittee is to give advice and make
recommendations solely to the full Committee and under no circumstances
may any subcommittee act outside this purpose. The Chairman may appoint
any member of a Subcommittee to act as Chairman.
(c) Subcommittee shall operate in accordance with the Committee's
charter and the procedures set forth in this part.
(d) The Chairman may appoint temporary informal subgroups from among
the members to perform such services as assisting the Committee or the
Chairman by gathering technical information or for suggesting schedules,
plans, agenda, terms or methods of operation.
[[Page 22]]
Sec. 1912a.14 Petitions for changes in the rules; complaints.
(a) Any interested person shall have the right to petition for the
issuance, amendment, or repeal of rules published in this part. Any such
petition will be considered in a reasonable time. Prompt notice shall be
given of the denial in whole or in part of any petition. Except in
affirming a prior denial or when the denial is self-explanatory the
notice shall be accompanied by a brief statement of the reasons
therefor.
(b) Any advisory committee member or any other aggrieved person may
file a written complaint with the Assistant Secretary alleging
noncompliance with the rules in this part. Any complaint must be timely
filed, but in no case shall any complaint be filed later than thirty
(30) days following the day on which the act of alleged noncompliance
occurred. Any complaint shall be acted upon promptly and a written
notice of the disposition of the complaint shall be provided to the
complainant.
(c) Complaints and petitions should make reference to this Sec.
1912a.14 and be filed and addressed as follows:
Assistant Secretary of Labor for Occupational Safety and Health
United States Department of Labor
Washington, D.C. 20210.
PART 1913_RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA ACCESS TO
EMPLOYEE MEDICAL RECORDS--Table of Contents
Authority: Sec. 8, Occupational Safety and Health Act of 1970 (29
U.S.C. 657); Sec. e, Privacy Act (5 U.S.C. 552a(e); 5 U.S.C. 301);
Secretary of Labor's Order No. 8-76 (41 FR 25059), or 5-2002 (67 FR
65008) as applicable.
Sec. 1913.10 Rules of agency practice and procedure concerning OSHA access
to employee medical records.
(a) General policy. OSHA access to employee medical records will in
certain circumstances be important to the agency's performance of its
statutory functions. Medical records, however, contain personal details
concerning the lives of employees. Due to the substantial personal
privacy interests involved, OSHA authority to gain access to personally
identifiable employee medical information will be exercised only after
the agency has made a careful determination of its need for this
information, and only with appropriate safeguards to protect individual
privacy. Once this information is obtained, OSHA examination and use of
it will be limited to only that information needed to accomplish the
purpose for access. Personally identifiable employee medical information
will be retained by OSHA only for so long as needed to accomplish the
purpose for access, will be kept secure while being used, and will not
be disclosed to other agencies or members of the public except in
narrowly defined circumstances. This section establishes procedures to
implement these policies.
(b) Scope and application. (1) Except as provided in paragraphs (b)
(3) through (6) below, this section applies to all requests by OSHA
personnel to obtain access to records in order to examine or copy
personally identifiable employee medical information, whether or not
pursuant to the access provisions of 29 CFR 1910.1020(e).
(2) For the purposes of this section, ``personally identifiable
employee medical information'' means employee medical information
accompanied by either direct identifiers (name, address, social security
number, payroll number, etc.) or by information which could reasonably
be used in the particular circumstances indirectly to identify specific
employees (e.g., exact age, height, weight, race, sex, date of initial
employment, job title, etc.).
(3) This section does not apply to OSHA access to, or the use of,
aggregate employee medical information or medical records on individual
employees which is not in a personally identifiable form. This section
does not apply to records required by 29 CFR part 1904, to death
certificates, or to employee exposure records, including biological
monitoring records treated by 29 CFR 1910.1020(c)(5) or by specific
occupational safety and health standards as exposure records.
(4) This section does not apply where OSHA compliance personnel
conduct an examination of employee medical records solely to verify
employer compliance with the medical surveillance
[[Page 23]]
recordkeeping requirements of an occupational safety and health
standard, or with 29 CFR 1910.1020. An examination of this nature shall
be conducted on-site and, if requested, shall be conducted under the
observation of the recordholder. The OSHA compliance personnel shall not
record and take off-site any information from medical records other than
documentation of the fact of compliance or non-compliance.
(5) This section does not apply to agency access to, or the use of,
personally identifiable employee medical information obtained in the
course of litigation.
(6) This section does not apply where a written directive by the
Assistant Secretary authorizes appropriately qualified personnel to
conduct limited reviews of specific medical information mandated by an
occupational safety and health standard, or of specific biological
monitoring test results.
(7) Even if not covered by the terms of this section, all medically
related information reported in a personally identifiable form shall be
handled with appropriate discretion and care befitting all information
concerning specific employees. There may, for example, be personal
privacy interests involved which militate against disclosure of this
kind of information to the public (See, 29 CFR 70.26 and 70a.3).
(c) Responsible persons--(1) Assistant Secretary. The Assistant
Secretary of Labor for Occupational Safety and Health (Assistant
Secretary) shall be responsible for the overall administration and
implementation of the procedures contained in this section, including
making final OSHA determinations concerning:
(i) Access to personally identifiable employee medical information
(paragraph (d)), and
(ii) Inter-agency transfer or public disclosure of personally
identifiable employee medical information (paragraph (m)).
(2) OSHA Medical Records Officer. The Assistant Secretary shall
designate an OSHA official with experience or training in the
evaluation, use, and privacy protection of medical records to be the
OSHA Medical Records Officer. The OSHA Medical Records Officer shall
report directly to the Assistant Secretary on matters concerning this
section and shall be responsible for:
(i) Making recommendations to the Assistant Secretary as to the
approval or denial of written access orders (paragraph (d)),
(ii) Assuring that written access orders meet the requirements of
paragraphs (d) (2) and (3) of this section,
(iii) Responding to employee, collective bargaining agent, and
employer objections concerning written access orders (paragraph (f)),
(iv) Regulating the use of direct personal identifiers (paragraph
(g)),
(v) Regulating internal agency use and security of personally
identifiable employee medical information (paragraphs (h) through (j)),
(vi) Assuring that the results of agency analyses of personally
identifiable medical information are, where appropriate, communicated to
employees (paragraph (k)),
(vii) Preparing an annual report of OSHA's experience under this
section (paragraph (l)), and
(viii) Assuring that advance notice is given of intended inter-
agency transfers or public disclosures (paragraph (m)).
(3) Principal OSHA Investigator. The Principal OSHA Investigator
shall be the OSHA employee in each instance of access to personally
identifiable employee medical information who is made primarily
responsible for assuring that the examination and use of this
information is performed in the manner prescribed by a written access
order and the requirements of this section (paragraphs (d) through (m).
When access is pursuant to a written access order, the Principal OSHA
Investigator shall be professionally trained in medicine, public health,
or allied fields (epidemiology, toxicology, industrial hygiene,
biostatistics, environmental health, etc.).
(d) Written access orders--(1) Requirement for written access order.
Except as provided in paragraph (d)(4) below, each request by an OSHA
representative to examine or copy personally identifiable employee
medical information contained in a record held by an employer or other
recordholder shall be made pursuant to a written access
[[Page 24]]
order which has been approved by the Assistant Secretary upon the
recommendation of the OSHA Medical Records Officer. If deemed
appropriate, a written access order may constitute, or be accompanied
by, an administrative subpoena.
(2) Approval criteria for written access order. Before approving a
written access order, the Assistant Secretary and the OSHA Medical
Records Officer shall determine that:
(i) The medical information to be examined or copied is relevant to
a statutory purpose and there is a need to gain access to this
personally identifiable information,
(ii) The personally identifiable medical information to be examined
or copied is limited to only that information needed to accomplish the
purpose for access, and
(iii) The personnel authorized to review and analyze the personally
identifiable medical information are limited to those who have a need
for access and have appropriate professional qualifications.
(3) Content of written access order. Each written access order shall
state with reasonable particularity:
(i) The statutory purposes for which access is sought,
(ii) A general description of the kind of employee medical
information that will be examined and why there is a need to examine
personally identifiable information,
(iii) Whether medical information will be examined on-site, and what
type of information will be copied and removed off-site,
(iv) The name, address, and phone number of the Principal OSHA
Investigator and the names of any other authorized persons who are
expected to review and analyze the medical information.
(v) The name, address, and phone number of the OSHA Medical Records
Officer, and
(vi) The anticipated period of time during which OSHA expects to
retain the employee medical information in a personally identifiable
form.
(4) Special situations. Written access orders need not be obtained
to examine or copy personally identifiable employee medical information
under the following circumstances:
(i) Specific written consent. If the specific written consent of an
employee is obtained pursuant to 29 CFR 1910.1020(e)(2)(ii), and the
agency or an agency employee is listed on the authorization as the
designated representative to receive the medical information, then a
written access order need not be obtained. Whenever personally
identifiable employee medical information is obtained through specific
written consent and taken off-site, a Principal OSHA Investigator shall
be promptly named to assure protection of the information, and the OSHA
Medical Records Officer shall be notified of this person's identity. The
personally identifiable medical information obtained shall thereafter be
subject to the use and security requirements of paragraphs (h) through
(m) of this section.
(ii) Physician consultations. A written access order need not be
obtained where an OSHA staff or contract physician consults with an
employer's physician concerning an occupational safety or health issue.
In a situation of this nature, the OSHA physician may conduct on-site
evaluation of employee medical records in consultation with the
employer's physician, and may make necessary personal notes of his or
her findings. No employee medical records, however, shall be taken off-
site in the absence of a written access order or the specific written
consent of an employee, and no notes of personally identifiable employee
medical information made by the OSHA physician shall leave his or her
control without the permission of the OSHA Medical Records Officer.
(e) Presentation of written access order and notice to employees.
(1) The Principal OSHA Investigator, or someone under his or her
supervision, shall present at least two (2) copies each of the written
access order and an accompanying cover letter to the employer prior to
examining or obtaining medical information subject to a written access
order. At least one copy of the written access order shall not identify
specific employees by direct personal identifier. The accompanying cover
letter shall summarize the requirements
[[Page 25]]
of this section and indicate that questions or objections concerning the
written access order may be directed to the Principal OSHA Investigator
or to the OSHA Medical Records Officer.
(2) The Principal OSHA Investigator shall promptly present a copy of
the written access order (which does not identify specific employees by
direct personal identifier) and its accompanying cover letter to each
collective bargaining agent representing employees whose medical records
are subject to the written access order.
(3) The Principal OSHA Investigator shall indicate that the employer
must promptly post a copy of the written access order which does not
identify specific employees by direct personal identifier, as well as
post its accompanying cover letter (See, 29 CFR 1910.1020(e)(3)(ii)).
(4) The Principal OSHA Investigator shall discuss with any
collective bargaining agent and with the employer the appropriateness of
individual notice to employees affected by the written access order.
Where it is agreed that individual notice is appropriate, the Principal
OSHA Investigator shall promptly provide to the employer an adequate
number of copies of the written access order (which does not identify
specific employees by direct personal identifier) and its accompanying
cover letter to enable the employer either to individually notify each
employee or to place a copy in each employee's medical file.
(f) Objections concerning a written access order. All employee,
collective bargaining agent, and employer written objections concerning
access to records pursuant to a written access order shall be
transmitted to the OSHA Medical Records Officer. Unless the agency
decides otherwise, access to the records shall proceed without delay
notwithstanding the lodging of an objection. The OSHA Medical Records
Officer shall respond in writing to each employee's and collective
bargaining agent's written objection to OSHA access. Where appropriate,
the OSHA Medical Records Officer may revoke a written access order and
direct that any medical information obtained by it be returned to the
original recordholder or destroyed. The Principal OSHA Investigator
shall assure that such instructions by the OSHA Medical Records Officer
are promptly implemented.
(g) Removal of direct personal identifiers. Whenever employee
medical information obtained pursuant to a written access order is taken
off-site with direct personal identifiers included, the Principal OSHA
Investigator shall, unless otherwise authorized by the OSHA Medical
Records Officer, promptly separate all direct personal identifiers from
the medical information, and code the medical information and the list
of direct identifiers with a unique identifying number for each
employee. The medical information with its numerical code shall
thereafter be used and kept secured as though still in a directly
identifiable form. The Principal OSHA Investigator shall also hand
deliver or mail the list of direct personal identifiers with their
corresponding numerical codes to the OSHA Medical Records Officer. The
OSHA Medical Records Officer shall thereafter limit the use and
distribution of the list of coded identifiers to those with a need to
know its contents.
(h) Internal agency use of personally identifiable employee medical
information. (1) The Principal OSHA Investigator shall in each instance
of access be primarily responsible for assuring that personally
identifiable employee medical information is used and kept secured in
accordance with this section.
(2) The Principal OSHA Investigator, the OSHA Medical Records
Officer, the Assistant Secretary, and any other authorized person listed
on a written access order may permit the examination or use of
personally identifiable employee medical information by agency employees
and contractors who have a need for access, and appropriate
qualifications for the purpose for which they are using the information.
No OSHA employee or contractor is authorized to examine or otherwise use
personally identifiable employee medical information unless so
permitted.
(3) Where a need exists, access to personally identifiable employee
medical information may be provided to attorneys in the Office of the
Solicitor of Labor, and to agency contractors who
[[Page 26]]
are physicians or who have contractually agreed to abide by the
requirements of this section and implementing agency directives and
instructions.
(4) OSHA employees and contractors are only authorized to use
personally identifiable employee medical information for the purposes
for which it was obtained, unless the specific written consent of an
employee is obtained as to a secondary purpose, or the procedures of
paragraphs (d) through (g) of this section are repeated with respect to
the secondary purpose.
(5) Whenever practicable, the examination of personally identifiable
employee medical information shall be performed on-site with a minimum
of medical information taken off-site in a personally identifiable form.
(i) Security procedures. (1) Agency files containing personally
identifiable employee medical information shall be segregated from other
agency files. When not in active use, files containing this information
shall be kept secured in a locked cabinet or vault.
(2) The OSHA Medical Records Officer and the Principal OSHA
Investigator shall each maintain a log of uses and transfers of
personally identifiable employee medical information and lists of coded
direct personal identifiers, except as to necessary uses by staff under
their direct personal supervision.
(3) The photocopying or other duplication of personally identifiable
employee medical information shall be kept to the minimum necessary to
accomplish the purposes for which the information was obtained.
(4) The protective measures established by this section apply to all
worksheets, duplicate copies, or other agency documents containing
personally identifiable employee medical information.
(5) Intra-agency transfers of personally identifiable employee
medical information shall be by hand delivery, United States mail, or
equally protective means. Inter-office mailing channels shall not be
used.
(j) Retention and destruction of records. (1) Consistent with OSHA
records disposition programs, personally identifiable employee medical
information and lists of coded direct personal identifiers shall be
destroyed or returned to the original recordholder when no longer needed
for the purposes for which they were obtained.
(2) Personally identifiable employee medical information which is
currently not being used actively but may be needed for future use shall
be transferred to the OSHA Medical Records Officer. The OSHA Medical
Records Officer shall conduct an annual review of all centrally-held
information to determine which information is no longer needed for the
purposes for which it was obtained.
(k) Results of an agency analysis using personally identifiable
employee medical information. The OSHA Medical Records Officer shall, as
appropriate, assure that the results of an agency analysis using
personally identifiable employee medical information are communicated to
the employees whose personal medical information was used as a part of
the analysis.
(l) Annual report. The OSHA Medical Records Officer shall on an
annual basis review OSHA's experience under this section during the
previous year, and prepare a report to the Assistant Secretary which
shall be made available to the public. This report shall discuss:
(1) The number of written access orders approved and a summary of
the purposes for access,
(2) The nature and disposition of employee, collective bargaining
agent, and employer written objections concerning OSHA access to
personally identifiable employee medical information, and
(3) The nature and disposition of requests for inter-agency transfer
or public disclosure of personally identifiable employee medical
information.
(m) Inter-agency transfer and public disclosure. (1) Personally
identifiable employee medical information shall not be transferred to
another agency or office outside of OSHA (other than to the Office of
the Solicitor of Labor) or disclosed to the public (other than to the
affected employee or the original recordholder) except when required by
law or when approved by the Assistant Secretary.
[[Page 27]]
(2) Except as provided in paragraph (m)(3) of this section, the
Assistant Secretary shall not approve a request for an inter-agency
transfer of personally identifiable employee medical information, which
has not been consented to by the affected employees, unless the request
is by a public health agency which:
(i) Needs the requested information in a personally identifiable
form for a substantial public health purpose,
(ii) Will not use the requested information to make individual
determinations concerning affected employees which could be to their
detriment,
(iii) Has regulations or established written procedures providing
protection for personally identifiable medical information substantially
equivalent to that of this section, and
(iv) Satisfies an exemption to the Privacy Act to the extent that
the Privacy Act applies to the requested information (See, 5 U.S.C.
552a(b); 29 CFR 70a.3).
(3) Upon the approval of the Assistant Secretary, personally
identifiable employee medical information may be transferred to:
(i) The National Institute for Occupational Safety and Health
(NIOSH) and
(ii) The Department of Justice when necessary with respect to a
specific action under the Occupational Safety and Health Act.
(4) The Assistant Secretary shall not approve a request for public
disclosure of employee medical information containing direct personal
identifiers unless there are compelling circumstances affecting the
health or safety of an individual.
(5) The Assistant Secretary shall not approve a request for public
disclosure of employee medical information which contains information
which could reasonably be used indirectly to identify specific employees
when the disclosure would constitute a clearly unwarranted invasion of
personal privacy (See, 5 U.S.C. 552(b)(6); 29 CFR 70.26).
(6) Except as to inter-agency transfers to NIOSH or the Department
of Justice, the OSHA Medical Records Officer shall assure that advance
notice is provided to any collective bargaining agent representing
affected employees and to the employer on each occasion that OSHA
intends to either transfer personally identifiable employee medical
information to another agency or disclose it to a member of the public
other than to an affected employee. When feasible, the OSHA Medical
Records Officer shall take reasonable steps to assure that advance
notice is provided to affected employees when the employee medical
information to be transferred or disclosed contains direct personal
identifiers.
[45 FR 35294, May 23, 1980; 45 FR 54334, Aug. 15, 1980, as amended at 71
FR 16674, Apr. 3, 2006]
PART 1915_OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT--
Table of Contents
Subpart A_General Provisions
Sec.
1915.1 Purpose and authority.
1915.2 Scope and application.
1915.3 Responsibility.
1915.4 Definitions.
1915.5 Incorporation by reference.
1915.6 Commercial diving operations.
1915.7 Competent person.
1915.8 OMB control numbers under the Paperwork Reduction Act.
Subpart B_Confined and Enclosed Spaces and Other Dangerous Atmospheres
in Shipyard Employment
1915.11 Scope, application, and definitions applicable to this subpart.
1915.12 Precautions and the order of testing before entering confined
and enclosed spaces and other dangerous atmospheres.
1915.13 Cleaning and other cold work.
1915.14 Hot work.
1915.15 Maintenance of safe conditions.
1915.16 Warning signs and labels.
Appendix A to Subpart B--Compliance Assistance Guidelines for Confined
and Enclosed Spaces and Other Dangerous Atmospheres
Appendix B to Subpart B--Reprint of U.S. Coast Guard Regulations
Referenced in Subpart B, for Determination of Coast Guard
Authorized Persons
Subpart C_Surface Preparation and Preservation
1915.31 Scope and application of subpart.
1915.32 Toxic cleaning solvents.
1915.33 Chemical paint and preservative removers.
1915.34 Mechanical paint removers.
1915.35 Painting.
[[Page 28]]
1915.36 Flammable liquids.
Subpart D_Welding, Cutting and Heating
1915.51 Ventilation and protection in welding, cutting and heating.
1915.53 Welding, cutting and heating in way of preservative coatings.
1915.54 Welding, cutting and heating of hollow metal containers and
structures not covered by Sec. 1915.12.
1915.55 Gas welding and cutting.
1915.56 Arc welding and cutting.
1915.57 Uses of fissionable material in ship repairing and shipbuilding.
Subpart E_Scaffolds, Ladders and Other Working Surfaces
1915.71 Scaffolds or staging.
1915.72 Ladders.
1915.73 Guarding of deck openings and edges.
1915.74 Access to vessels.
1915.75 Access to and guarding of dry docks and marine railways.
1915.76 Access to cargo spaces and confined spaces.
1915.77 Working surfaces.
Subpart F_General Working Conditions
1915.91 Housekeeping.
1915.92 Illumination.
1915.93 Utilities.
1915.94 Work in confined or isolated spaces.
1915.95 Ship repairing and shipbuilding work on or in the vicinity of
radar and radio.
1915.96 Work in or on lifeboats.
1915.97 Health and sanitation.
1915.98 First aid.
1915.100 Retention of DOT markings, placards and labels.
Subpart G_Gear and Equipment for Rigging and Materials Handling
1915.111 Inspection.
1915.112 Ropes, chains and slings.
1915.113 Shackles and hooks.
1915.114 Chain falls and pull-lifts.
1915.115 Hoisting and hauling equipment.
1915.116 Use of gear.
1915.117 Qualifications of operators.
1915.118 Tables.
1915.120 Powered industrial truck operator training.
Subpart H_Tools and Related Equipment
1915.131 General precautions.
1915.132 Portable electric tools.
1915.133 Hand tools.
1915.134 Abrasive wheels.
1915.135 Powder actuated fastening tools.
1915.136 Internal combustion engines, other than ship's equipment.
Subpart I_Personal Protective Equipment (PPE)
1915.151 Scope, application and definitions.
1915.152 General requirements.
1915.153 Eye and face protection.
1915.154 Respiratory protection.
1915.155 Head protection.
1915.156 Foot protection.
1915.157 Hand and body protection.
1915.158 Lifesaving equipment.
1915.159 Personal fall arrest systems (PFAS).
1915.160 Positioning device systems.
Appendix A to Subpart I--Non-Mandatory Guidelines for Hazard Assessment,
Personal Protective Equipment (PPE) Selection, and PPE
Training Program
Appendix B to Subpart I--General Testing Conditions and Additional
Guidelines for Personal Fall Protection Systems (Non-
Mandatory)
Subpart J_Ship's Machinery and Piping Systems
1915.161 Scope and application of subpart.
1915.162 Ship's boilers.
1915.163 Ship's piping systems.
1915.164 Ship's propulsion machinery.
1915.165 Ship's deck machinery.
Subpart K_Portable, Unfired Pressure Vessels, Drums and Containers,
Other Than Ship's Equipment
1915.171 Scope and application of subpart.
1915.172 Portable air receivers and other unfired pressure vessels.
1915.173 Drums and containers.
Subpart L_Electrical Machinery
1915.181 Electrical circuits and distribution boards.
Subparts M-O [Reserved]
Subpart P_Fire Protection in Shipyard Employment
1915.501 General provisions.
1915.502 Fire safety plan.
1915.503 Precautions for hot work.
1915.504 Fire watches.
1915.505 Fire response.
1915.506 Hazards of fixed extinguishing systems on board vessels and
vessel sections.
1915.507 Land-side fire protection systems.
1915.508 Training.
1915.509 Definitions applicable to this subpart.
Appendix A to Subpart P of Part 1915--Model Fire Safety Plan (Non-
Mandatory)
[[Page 29]]
Subparts Q-Y [Reserved]
Subpart Z_Toxic and Hazardous Substances
1915.1000 Air contaminants.
1915.1001 Asbestos.
1915.1002 Coal tar pitch volatiles; interpretation of term.
1915.1003 13 carcinogens (4-Nitrobiphenyl, etc.).
1915.1004 alpha-Naphthylamine.
1915.1005 [Reserved]
1915.1006 Methyl chloromethyl ether.
1915.1007 3,3'-Dichlorobenzidiene (and its salts).
1915.1008 bis-Chloromethyl ether.
1915.1009 beta-Naphthylamine.
1915.1010 Benzidine.
1915.1011 4-Aminodiphenyl.
1915.1012 Ethyleneimine.
1915.1013 beta-Propiolactone.
1915.1014 2-Acetylaminofluorene.
1915.1015 4-Dimethylaminoazobenzene.
1915.1016 N-Nitrosodimethylamine.
1915.1017 Vinyl chloride.
1915.1018 Inorganic arsenic.
1915.1020 Access to employee exposure and medical records.
1915.1025 Lead.
1915.1026 Chromium (VI).
1915.1027 Cadmium.
1915.1028 Benzene.
1915.1030 Bloodborne pathogens.
1915.1044 1,2-dibromo-3-chloropropane.
1915.1045 Acrylonitrile.
1915.1047 Ethylene oxide.
1915.1048 Formaldehyde.
1915.1050 Methylenedianiline.
1915.1052 Methylene chloride.
1915.1200 Hazard communication.
1915.1450 Occupational exposure to hazardous chemicals in laboratories.
Authority: Section 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (20 U.S.C. 653, 655, and 687); and Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (62 FR 50017), or 5-
2002 (67 FR 65008) as applicable.
Sections 1915.120 and 1915.152 of 29 CFR also issued under 29 CFR
part 1911.
Source: 47 FR 16986, Apr. 20, 1982, unless otherwise noted.
Subpart A_General Provisions
Sec. 1915.1 Purpose and authority.
The provisions in this part constitute safety and health regulations
issued by the Secretary pursuant to section 41 of the Longshoremen's and
Harbor Workers' Compensation Act, as amended (33 U.S.C. 941) and
occupational safety and health standards issued by the Secretary
pursuant to section 6 of the Occupational Safety and Health Act of 1970
(29 U.S.C. 655).
Sec. 1915.2 Scope and application.
(a) Except where otherwise provided, the provisions of this part
shall apply to all ship repairing, shipbuilding and shipbreaking
employments and related employments.
(b) This part does not apply to matters under the control of the
United States Coast Guard within the scope of Title 52 of the Revised
Statutes and acts supplementary or amendatory thereto (46 U.S.C. secs.
1-1388 passim) including, but not restricted to, the master, ship's
officer, crew members, design, construction and maintenance of the
vessel, its gear and equipment; to matters within the regulatory
authority of the United States Coast Guard to safeguard vessels,
harbors, ports and waterfront facilities under the provisions of the
Espionage Act of June 17, 1917, as amended (50 U.S.C. 191 et seq.; 22
U.S.C. 401 et seq.); including the provisions of Executive Order 10173,
as amended by Executive Orders 10277 and 10352 (3 CFR, 1949-1953 Comp.,
pp. 356, 778 and 873); or to matters within the regulatory authority of
the United States Coast Guard with respect to lights, warning devices,
safety equipment and other matters relating to the promotion of safety
of lives and property under section 4(e) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1333).
Sec. 1915.3 Responsibility.
(a) The responsibility for compliance with the regulations of this
part is placed upon ``employers'' as defined in Sec. 1915.4.
(b) This part does not apply to owners, operators, agents or masters
of vessels unless such persons are acting as ``employers.'' However,
this part is not intended to relieve owners, operators, agents or
masters of vessels who are not ``employers'' from responsibilities or
duties now placed upon them by law, regulation or custom.
(c) The responsibilities placed upon the competent person herein
shall be
[[Page 30]]
deemed to be the responsibilities of the employer.
Sec. 1915.4 Definitions.
(a) The term shall indicates provisions which are mandatory.
(b) The term Secretary means the Secretary of Labor.
(c) The term employer means an employer, any of whose employees are
employed, in whole or in part, in ship repairing, shipbuilding,
shipbreaking or related employments as defined in this section on the
navigable waters of the United States, including dry docks, graving
docks and marine railways.
(d) The term employee means any person engaged in ship repairing,
shipbuilding, shipbreaking or related employments on the navigable
waters of the United States, including dry docks, graving docks and
marine railways, other than the master, ship's officers, crew of the
vessel, or any person engaged by the master to repair any vessel under
18 net tons.
(e) The term gangway means any ramp-like or stair-like means of
access provided to enable personnel to board or leave a vessel including
accommodation ladders, gangplanks and brows.
(f) The term 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.
(g) For purposes of Sec. 1915.74, the term barge means an
unpowered, flat bottom, shallow draft vessel including scows, carfloats
and lighters. For purposes of this section, the term does not include
ship shaped or deep draft barges.
(h) For purposes of Sec. 1915.74, the term river tow boat means a
shallow draft, low free board, self-propelled vessel designed to tow
river barges by pushing ahead. For purposes of this section, the term
does not include other towing vessels.
(i) The term shipyard employment means ship repairing, shipbuilding,
shipbreaking and related employments.
(j) The terms ship repair and ship repairing mean any repair of a
vessel including, but not restricted to, alterations, conversions,
installations, cleaning, painting, and maintenance work.
(k) The term shipbuilding means the construction of a vessel
including the installation of machinery and equipment.
(l) The term 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 part of a vessel.
(m) The term related employment means any employment performed as an
incident to or in conjunction with ship repairing, shipbuilding or
shipbreaking work, including, but not restricted to, inspection,
testing, and employment as a watchman.
(n) The term hazardous substance means a substance which by reason
of being explosive, flammable, poisonous, corrosive, oxidizing,
irritant, or otherwise harmful is likely to cause injury.
(o) The term competent person for purposes of this part means a
person who is capable of recognizing and evaluating employee exposure to
hazardous substances or to other unsafe conditions and is capable of
specifying the necessary protection and precautions to be taken to
ensure the safety of employees as required by the particular regulation
under the condition to which it applies. For the purposes of subparts B,
C, and D of this part, except for Sec. 1915.35(b)(8) and Sec.
1915.36(a)(5), to which the above definition applies, the competent
person must also meet the additional requirements of Sec. 1915.7.
(p) The term confined space means a compartment of small size and
limited access such as a double bottom tank, cofferdam, or other space
which by its small size and confined nature can readily create or
aggravate a hazardous exposure.
(q) The term enclosed space means any space, other than a confined
space, which is enclosed by bulkheads and overhead. It includes cargo
holds, tanks, quarters, and machinery and boiler spaces.
(r) The term hot work means riveting, welding, burning or other fire
or spark producing operations.
(s) The term cold work means any work which does not involve
riveting,
[[Page 31]]
welding, burning or other fire or spark producing operations.
(t) The term portable unfired pressure vessel means any pressure
container or vessel used aboard ship, other than the ship's equipment,
containing liquids or gases under pressure, excepting pressure vessels
built to Department of Transportation regulations under 49 CFR part 178,
subparts C and H.
(u) The term powder actuated fastening tool means a tool or machine
which drives a stud, pin, or fastener by means of an explosive charge.
(v) For purposes of Sec. 1915.97, the term hazardous material means
a material which has one or more of the following characteristics:
(1) Has a flash point below 140 [deg]F., closed cup, or is subject
to spontaneous heating;
(2) Has a threshold limit value below 500 p.p.m. in the case of a
gas or vapor, below 500 mg./m.\3\ for fumes, and below 25 m.p.p.c.f. in
case of a dust;
(3) Has a single dose oral LD50 below 500 mg./kg.;
(4) Is subject to polymerization with the release of large amounts
of energy;
(5) Is a strong oxidizing or reducing agent;
(6) Causes first degree burns to skin in short time exposure, or is
systemically toxic by skin contact; or
(7) In the course of normal operations, may produce dusts, gases,
fumes, vapors, mists, or smokes which have one or more of the above
characteristics.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]
Sec. 1915.5 Incorporation by reference.
(a) Specifications, standards, and codes of agencies of the U.S.
Government, to the extent specified in the text, form a part of the
regulations of this part. In addition, under the authority vested in the
Secretary under the Act, the specifications, standards, and codes of
organizations which are not agencies of the U.S. Government, in effect
on the date of the promulgation of the regulations of this part as
listed below, to the extent specified in the text, form a part of the
regulations of this part.
(b) The materials listed in paragraph (d) 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.
(c) 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 through the OSHA
Docket Office, room N2625, U.S. Department of Labor, 200 Constitution
Ave., NW., Washington, DC 20210, or any of its regional offices or at
the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or go
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
(d)(1) The following material is available for purchase from the
American National Standards Institute, 11 West 42nd Street, New York, NY
10036.
(i) ANSI A14.1-1975 Safety Requirements for Portable Wood Ladders,
IBR approved for Sec. 1915.72(a)(6).
(ii) ANSI A14.2-1972 Safety Requirements for Portable Metal Ladders,
IBR approved for Sec. 1915.72(a)(4).
(iii) ANSI B7.1-1964 Safety Code for the Use, Care, and Protection
of Abrasive Wheels, IBR approval for Sec. 1915.134(c)
(iv) ANSI Z87.1-1989 Practice for Occupational and Educational Eye
and Face Protection, IBR approved for Sec. 1915.153(b)(1).
(v) ANSI Z87.1-1979 Practice for Occupational and Educational Eye
and Face Protection, IBR approved for Sec. 1915.153(b)(2).
(vi) ANSI Z89.1-1986 Personnel Protection--Protective Headgear for
Industrial Workers Requirements, IBR approved for Sec. 1915.155(b)(1)
(vii) ANSI Z89.1-1969 Safety Requirement for Industrial Head
Protection, IBR approved for Sec. 1915.155(b)(2).
[[Page 32]]
(viii) ANSI Z41-1991 Personal Protection--Protective Footwear, IBR
approved for Sec. 1915.156(b)(1)
(ix) ANSI Z41-1983 Personal Protection--Protective Footwear, IBR
approved for Sec. 1915.156(b)(2).
(2) The following material is available for purchase from the
American Society of Mechanical Engineers, 345 East 47th Street, New
York, New York 10017:
(i) ASME Boiler and Pressure Vessel Code, Section VIII, Rules for
Construction of Unfired Pressure Vessels, 1963, IBR approved for Sec.
1915.172(a).
(3) The following material is available for purchase from the
American Conference of Governmental Industrial Hygienists (ACGIH), 1014
Broadway, Cincinnati, OH 45202:
(i) Threshold limit values, 1970, IBR approved for Sec. Sec.
1915.12(b) and 1915.1000, table Z.
(4) The following material is available for purchase from the
National Fire Protection Association, 1 Batterymarch Park, PO Box 9101,
Quincy, MA 02269-9101:
(i) NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing
Apparatus for Fire and Emergency Services, IBR approved for
1915.505(e)(3)(v).
(ii) NFPA 1971-2000, Standard on Protective Ensemble for Structural
Fire Fighting, IBR approved for Sec. 1915.505(e)(4)(ii).
(iii) NFPA 1976-2000, Standard on Protective Ensemble for Proximity
Fire Fighting, IBR approved for Sec. 1915.505(e)(5).
(iv) NFPA 1982-1998, Standard on Personal Alert Safety Systems
(PASS), IBR approved for Sec. 1915.505(e)(6)(ii).
(v) NFPA 1983-2001, Standard on Fire Service Life Safety Rope and
System Components, IBR approved for Sec. 1915.505(e)(7)(i).
(vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR
approved for Sec. Sec. 1915.507(b)(1) and (b)(2).
(vii) NFPA 14-2003 Standard for the Installation of Standpipe and
Hose Systems, IBR approved for Sec. Sec. 1915.507(b)(2) and (d)(1).
(viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for Sec.
1915.507(c)(6).
(ix) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems, IBR approved for Sec. 1915.507(d)(2).
(x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems,
IBR approved for Sec. 1915.507(d)(2).
(xi) NFPA 25-2002, Inspection, Testing, and Maintenance of Water-
Based Fire Protection Systems, IBR approved for Sec. 1915.507(d)(2).
(xii) NFPA 15-2001, Standard for Water Spray Fixed Systems for Fire
Protection, IBR approved for Sec. 1915.507(d)(3).
(xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
Foam, IBR approved for Sec. 1915.507(d)(3).
(xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing Systems,
IBR approved for Sec. 1915.507(d)(4).
(xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing Systems,
IBR approved for Sec. 1915.507(d)(5).
(xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions,
IBR approved for Sec. 1915.508(d)(8).
[61 FR 26359, May 24, 1996, as amended at 67 FR 44541, July 3, 2002; 69
FR 18803, Apr. 9, 2004; 69 FR 55702, Sept. 15, 2004; 71 FR 60846, Oct.
17, 2006]
Sec. 1915.6 Commerical diving operations.
Commerical diving operations shall be subject to subpart T of part
1910, Sec. Sec. 1910.401-1910.441 of this chapter.
Sec. 1915.7 Competent person.
(a) Application. This section applies to shipyard employment.
(b) Designation. (1) One or more competent persons shall be
designated by the employer in accordance with the applicable
requirements of this section, unless the requirements of subparts B, C,
D and H of this part are always carried out by a Marine Chemist.
Exception: The employer may designate any person who meets the
applicable portions of the criteria set forth in paragraph (c) of this
section as a competent person who is limited to performing testing to
the following situations:
[[Page 33]]
(i) Repair work on small craft in boat yards where only combustible
gas indicator tests are required for fuel tank leaks or when using
flammable paints below decks;
(ii) Building of wooden vessels where only knowledge of the
precautions to be taken when using flammable paints is required;
(iii) The breaking of vessels where there is no fuel oil or other
flammable hazard; and
(iv) Tests and inspections performed to comply with Sec. Sec.
1915.35(b)(8) and 1915.36(a)(5).
(2)(i) The employer shall maintain either a roster of designated
competent persons or a statement that a Marine Chemist will perform the
tests or inspections which require a competent person.
(ii) The employer shall make the roster of designated persons or the
statement available to employees, the employee's representative, the
Director or the Assistant Secretary upon request.
(iii) The roster shall contain, as a minimum, the following:
(A) The employers' name,
(B) The designated competent person's name(s), and
(C) The date the employee was trained as a competent person.
(c) Criteria. The employer shall ensure that each designated
competent person has the following skills and knowledge:
(1) Ability to understand and carry out written or oral information
or instructions left by Marine Chemist, Coast Guard authorized persons
and Certified Industrial Hygienists;
(2) Knowledge of subparts B, C, D and H of this part;
(3) Knowledge of the structure, location, and designation of spaces
where work is done;
(4) Ability to calibrate and use testing equipment including but not
limited to, oxygen indicators, combustible gas indicators, carbon
monoxide indicators, and carbon dioxide indicators, and to interpret
accurately the test results of that equipment;
(5) Ability to perform all required tests and inspections which are
or may be performed by a competent person as set forth in subparts B, C,
D and H of this part.
(6) Ability to inspect, test, and evaluate spaces to determine the
need for further testing by a Marine Chemist or a Certified Industrial
Hygienist; and
(7) Ability to maintain records required by this section.
(d) Recordkeeping. (1) When tests and inspections are performed by a
competent person, Marine Chemist, or Certified Industrial Hygienist as
required by any provisions of subparts B, C, D, or H of this part, the
employer shall ensure that the person performing the test and inspection
records the location, time, date, location of inspected spaces, and the
operations performed, as well as the test results and any instructions.
(2) The employer shall ensure that the records are posted in the
immediate vicinity of the affected operations while work in the spaces
is in progress. The records shall be kept on file for a period of at
least three months from the completion date of the specific job for
which they were generated.
(3) The employer shall ensure that the records are available for
inspection by the Assistant Secretary, Director, and employees and their
representatives.
[59 FR 37856, July 25, 1994]
Sec. 1915.8 OMB control numbers under the Paperwork Reduction Act.
The following sections or paragraphs contain a collection of
information requirement which has been approved by the Office of
Management and Budget under the control number listed.
------------------------------------------------------------------------
OMB
29 CFR citation control
No.
------------------------------------------------------------------------
1915.11-1915.16............................................. 1218-0011
1915.113.................................................... 1218-0220
1915.152(b)................................................. 1218-0215
1915.152(e)................................................. 1218-0215
1915.159(d)................................................. 1218-0215
1915.160(d)................................................. 1218-0215
1915.172.................................................... 1218-0220
1915.501(d)................................................. 1218-0248
1915.502(a)................................................. 1218-0248
1915.502(b)................................................. 1218-0248
1915.502(c)................................................. 1218-0248
1915.502(d)................................................. 1218-0248
1915.504(a)................................................. 1218-0248
1915.505(a)................................................. 1218-0248
1915.505(b)................................................. 1218-0248
1915.505(d)................................................. 1218-0248
1915.506(b)................................................. 1218-0248
1915.507(c)................................................. 1218-0248
1915.508(a)................................................. 1218-0248
[[Page 34]]
1915.508(b)................................................. 1218-0248
1915.508(c)................................................. 1218-0248
1915.508(d)................................................. 1218-0248
1915.508(e)................................................. 1218-0248
1915.508(f)................................................. 1218-0248
1915.1001................................................... 1218-0195
1915.1003................................................... 1218-0085
1915.1004................................................... 1218-0084
1915.1006................................................... 1218-0086
1915.1007................................................... 1218-0083
1915.1008................................................... 1218-0087
1915.1009................................................... 1218-0089
1915.1010................................................... 1218-0082
1915.1011................................................... 1218-0090
1915.1012................................................... 1218-0080
1915.1013................................................... 1218-0079
1915.1014................................................... 1218-0088
1915.1015................................................... 1218-0044
1915.1016................................................... 1218-0081
1915.1017................................................... 1218-0010
1915.1018................................................... 1218-0104
1915.1025................................................... 1218-0092
1915.1026................................................... 1218-0252
1915.1027................................................... 1218-0185
1915.1028................................................... 1218-0129
1915.1030................................................... 1218-0180
1915.1044................................................... 1218-0101
1915.1045................................................... 1218-0126
1915.1047................................................... 1218-0108
1915.1048................................................... 1218-0145
1915.1050................................................... 1218-0184
1915.1120................................................... 1218-0065
1915.1200................................................... 1218-0072
1915.1450................................................... 1218-0131
------------------------------------------------------------------------
[61 FR 5509, Feb. 13, 1996, as amended at 62 FR 33547, June 20, 1997; 63
FR 13340, Mar. 19, 1998; 70 FR 13371, Mar. 21, 2005; 71 FR 38086, July
5, 2006]
Subpart B_Confined and Enclosed Spaces and Other Dangerous Atmospheres
in Shipyard Employment
Source: 59 FR 37857, July 25, 1994, unless otherwise noted.
Sec. 1915.11 Scope, application and definitions applicable to this subpart.
(a) Scope and application. This subpart applies to work in confined
and enclosed spaces and other dangerous atmospheres in shipyard
employment, including vessels, vessel sections, and on land-side
operations regardless of geographic location.
(b) Definitions applicable to this subpart. Adjacent spaces means
those spaces bordering a subject space in all directions, including all
points of contact, corners, diagonals, decks, tank tops, and bulkheads.
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, or designated representative.
Certified Industrial Hygienist (CIH) means an industrial hygienist
who is certified by the American Board of Industrial Hygiene.
Coast Guard authorized person means an individual who meets the
requirement of appendix B to subpart B of this part 1915 for tank
vessels, for passenger vessels, and for cargo and miscellaneous vessels.
Dangerous atmosphere means an atmosphere that may expose employees
to the risk of death, incapacitation, impairment of ability to self-
rescue (i.e., escape unaided from a confined or enclosed space), injury,
or acute illness.
Director means the Director of the National Institute for
Occupational Safety and Health, U.S. Department of Health and Human
Services, or designated representative.
Enter with Restrictions denotes a space where entry for work is
permitted only if engineering controls, personal protective equipment,
clothing, and time limitations are as specified by the Marine Chemist,
Certified Industrial Hygienist, or the shipyard competent person.
Entry means the action by which a person passes through an opening
into a space. Entry includes ensuing work activities in that space and
is considered to have occurred as soon as any part of the entrant's body
breaks the plane of an opening into the space.
Hot work means any activity involving riveting, welding, burning,
the use of powder-actuated tools or similar fire-producing operations.
Grinding, drilling, abrasive blasting, or similar spark-producing
operations are also considered hot work except when such operations are
isolated physically from any atmosphere containing more than 10 percent
of the lower explosive limit of a flammable or combustible substance.
Immediately dangerous to life or health (IDLH) means an atmosphere
that poses an immediate threat to life or that is likely to result in
acute or immediate severe health effects.
[[Page 35]]
Inert or inerted atmosphere means an atmospheric condition where:
(1) The oxygen content of the atmosphere in the space is maintained
at a level equal to or less than 8.0 percent by volume or at a level at
or below 50 percent of the amount required to support combustion,
whichever is less; or
(2) The space is flooded with water and the vapor concentration of
flammable or combustible materials in the free space atmosphere above
the water line is less than 10 percent of the lower explosive limit for
the flammable or combustible material.
Labeled means identified with a sign, placard, or other form of
written communication, including pictograms, that provides information
on the status or condition of the work space to which it is attached.
Lower explosive limit (LEL) means the minimum concentration of vapor
in air below which propagation of a flame does not occur in the presence
of an ignition source.
Marine Chemist means an individual who possesses a current Marine
Chemist Certificate issued by the National Fire Protection Association.
Not Safe for Hot Work denotes a space where hot work may not be
performed because the conditions do not meet the criteria for Safe for
Hot Work.
Nationally Recognized Testing Laboratory (NRTL) means an
organization recognized by OSHA, in accordance with appendix A of 29 CFR
1910.7, which tests for safety and lists or labels or accepts equipment
and materials that meet all the criteria found in Sec. 1910.7(b)(1)
through (b)(4)(ii).
Not Safe for Workers denotes a space where an employee may not enter
because the conditions do not meet the criteria for Safe for Workers.
Oxygen-deficient atmosphere means an atmosphere having an oxygen
concentration of less than 19.5 percent by volume.
Oxygen-enriched atmosphere means an atmosphere that contains 22.0
percent or more oxygen by volume.
Safe for Hot Work denotes a space that meets all of the following
criteria:
(1) The oxygen content of the atmosphere does not exceed 22.0
percent by volume;
(2) The concentration of flammable vapors in the atmosphere is less
than 10 percent of the lower explosive limit;
(3) The residues or materials in the space are not capable of
producing a higher concentration than permitted in paragraph (1) or (2)
of the above, under existing atmospheric conditions in the presence of
hot work and while maintained as directed by the Marine Chemist or
competent person, and
(4) All adjacent spaces have been cleaned, or inerted, or treated
sufficiently to prevent the spread of fire.
Safe for Workers denotes a space that meets the following criteria:
(1) The oxygen content of the atmosphere is at least 19.5 percent
and below 22 percent by volume;
(2) The concentration of flammable vapors is below 10 percent of the
lower explosive limit (LEL);
(3) Any toxic materials in the atmosphere associated with cargo,
fuel, tank coatings, or inerting media are within permissible
concentrations at the time of the inspection; and
(4) Any residues or materials associated with the work authorized by
the Marine Chemist, Certified Industrial Hygienist, or competent person
will not produce uncontrolled release of toxic materials under existing
atmospheric conditions while maintained as directed.
Space means an area on a vessel or vessel section or within a
shipyard such as, but not limited to: cargo tanks or holds; pump or
engine rooms; storage lockers; tanks containing flammable or combustible
liquids, gases, or solids; rooms within buildings; crawl spaces;
tunnels; or accessways. The atmosphere within a space is the entire area
within its bounds.
Upper explosive limit (UEL) means the maximum concentration of
flammable vapor in air above which propagation of flame does not occur
on contact with a source of ignition.
Vessel section means a sub-assembly, module, or other component of a
vessel being built, repaired, or broken.
Visual inspection means the physical survey of the space, its
surroundings and contents to identify hazards such as, but not limited
to, restricted accessibility, residues, unguarded machinery, and piping
or electrical systems.
[[Page 36]]
Sec. 1915.12 Precautions and the order of testing before entering confined
and enclosed spaces and other dangerous atmospheres.
The employer shall ensure that atmosphereic testing is performed in
the following sequence: oxygen content, flammability, toxicity.
(a) Oxygen content. (1) The employer shall ensure that the following
spaces are visually inspected and tested by a competent person to
determine the atmosphere's oxygen content prior to initial entry into
the space by an employee:
(i) Spaces that have been sealed, such as, but not limited to,
spaces that have been coated and closed up, and non-ventilated spaces
that have been freshly painted;
(ii) Spaces and adjacent spaces that contain or have contained
combustible or flammable liquids or gases;
(iii) Spaces and adjacent spaces that contain or have contained
liquids, gases, or solids that are toxic, corrosive, or irritant;
(iv) Spaces and adjacent spaces that have been fumigated; and
(v) Spaces containing materials or residues of materials that create
an oxygen-deficient atmosphere.
(2) If the space to be entered contains an oxygen deficient
atmosphere, the space shall be labeled ``Not Safe for Workers'' or, if
oxygen-enriched, ``Not Safe for Workers--Not Safe for Hot Work.'' If an
oxygen-deficient or oxygen-enriched atmosphere is found, ventilation
shall be provided at volumes and flow rates sufficient to ensure that
the oxygen content is maintained at or above 19.5 percent and below 22.0
percent by volume. The warning label may be removed when the oxygen
content is equal to or greater than 19.5 and less than 22.0 percent by
volume.
(3) An employee may not enter a space where the oxygen content, by
volume, is below 19.5 percent or above 22.0 percent. Exception: An
employee may enter for emergency rescue or for a short duration for
installation of ventilation equipment necessary to start work in the
space provided:
(i) The atmosphere in the space is monitored for oxygen content, by
volume, continuously; and
(ii) Respiratory protection and other appropriate personal
protective equipment and clothing are provided in accordance with
subpart I of this part.
Note to paragraph (a): Other provisions for work in IDLH atmospheres
are located in subpart I of this part.
(b) Flammable atmospheres. (1) The employer shall ensure that spaces
and adjacent spaces that contain or have contained combustible or
flammable liquids or gases are:
(i) Inspected visually by the competent person to determine the
presence of combustible or flammable liquids; and
(ii) Tested by a competent person prior to entry by an employee to
determine the concentration of flammable vapors and gases within the
space.
(2) If the concentration of flammable vapors or gases in the space
to be entered is equal to or greater than 10 percent of the lower
explosive limit, the space shall be labeled ``Not Safe for Workers'' and
``Not Safe for Hot Work.'' Ventilation shall be provided at volumes and
flow rates sufficient to ensure that the concentration of flammable
vapors is maintained below 10 percent of the lower explosive limit. The
warning labels may be removed when the concentration of flammable vapors
is below 10 percent of the lower explosive limit.
(3) An employee may not enter a space where the concentration of
flammable vapors or gases is equal to or greater than 10 percent of the
lower explosive limit. Exception: An employee may enter for emergency
rescue or for a short duration for installation of ventilation equipment
necessary to start work in the space, provided:
(i) No ignition sources are present;
(ii) The atmosphere in the space is monitored continuously;
(iii) Atmospheres at or above the upper explosive limit are
maintained; and
(iv) Respiratory protection and other appropriate personal
protective equipment and clothing are provided in accordance with
subpart I of this part.
Note 1 to paragraph (b): Additional provisions for work in IDLH
atmospheres are located in subpart I of this part.
[[Page 37]]
Note 2 to paragraph (b): Additional provisions for work in spaces
containing a flammable substance which also has a permissible exposure
limit, are located in subpart Z of 29 CFR part 1915, and Sec.
1915.12(c).
(c) Toxic, corrosive, irritant or fumigated atmospheres and
residues. (1) The employer shall ensure that spaces or adjacent spaces
that contain or have contained liquids, gases, or solids that are toxic,
corrosive or irritant are:
(i) Inspected visually by the competent person to determine the
presence of toxic, corrosive, or irritant residue contaminants; and
(ii) Tested by a competent person prior to initial entry by an
employee to determine the air concentration of toxics, corrosives, or
irritants within the space.
(2) If a space contains an air concentration of a material which
exceeds a part 1915 subpart Z permissible exposure limit (PEL) or is
IDLH, the space shall be labeled ``Not Safe for Workers.'' Ventilation
shall be provided at volumes and flow rates which will ensure that air
concentrations are maintained within the PEL or, in the case of
contaminants for which there is no established PEL, below the IDLH. The
warning label may be removed when the concentration of contaminants is
maintained within the PEL or below IDLH level.
(3) If a space cannot be ventilated to within the PELs or is IDLH, a
Marine Chemist or CIH must re-test until the space can be certified
``Enter with Restrictions'' or ``Safe for Workers.''
(4) An employee may not enter a space whose atmosphere exceeds a PEL
or is IDLH. Exception: An employee may enter for emergency rescue, or
for a short duration for installation of ventilation equipment provided:
(i) The atmosphere in the space is monitored continuously;
(ii) Respiratory protection and other necessary and appropriate
personal protective equipment and clothing are provided in accordance
with subpart I of this part.
Note to paragraph (c): Other provisions for work in IDLH atmospheres
are located in subpart I of this part.
(d) Training of employees entering confined and enclosed spaces or
other dangerous atmospheres. (1) The employer shall ensure that each
employee that enters a confined or enclosed space and other areas with
dangerous atmospheres is trained to perform all required duties safely.
(2) The employer shall ensure that each employee who enters a
confined space, enclosed space, or other areas with dangerous
atmospheres is trained to:
(i) Recognize the characteristics of the confined space;
(ii) Anticipate and be aware of the hazards that may be faced during
entry;
(iii) Recognize the adverse health effects that may be caused by the
exposure to a hazard;
(iv) Understand the physical signs and reactions related to
exposures to such hazards;
(v) Know what personal protective equipment is needed for safe entry
into and exit from the space;
(vi) Use personal protective equipment; and
(vii) Where necessary, be aware of the presence and proper use of
barriers that may be needed to protect an entrant from hazards.
(3) The employer shall ensure that each entrant into confined or
enclosed spaces or other dangerous atmospheres is trained to exit the
space or dangerous atmosphere whenever:
(i) The employer or his or her representative orders evacuation;
(ii) An evacuation signal such as an alarm is activated ; or
(iii) The entrant perceives that he or she is in danger.
(4) The employer shall provide each employee with training:
(i) Before the entrant begins work addressed by this section; and
(ii) Whenever there is a change in operations or in an employee's
duties that presents a hazard about which the employee has not
previously been trained.
(5) The employer shall certify that the training required by
paragraphs (d)(1) through (d)(4) of this section has been accomplished.
(i) The certification shall contain the employee's name, the name of
the certifier, and the date(s) of the certification.
[[Page 38]]
(ii) The certification shall be available for inspection by the
Assistant Secretary, the Director, employees, and their representatives.
(e) Rescue teams. The employer shall either establish a shipyard
rescue team or arrange for an outside rescue team which will respond
promptly to a request for rescue service.
(1) Shipyard rescue teams shall meet the following criteria:
(i) Each employee assigned to the shipyard team shall be provided
with and trained to use the personal protective equipment he or she will
need, including respirators and any rescue equipment necessary for
making rescues from confined and enclosed spaces and other dangerous
atmospheres.
(ii) Each employee assigned to the shipyard rescue team shall be
trained to perform his or her rescue functions including confined and
enclosed and other dangerous atmosphere entry.
(iii) Shipyard rescue teams shall practice their skills at least
once every 12 months. Practice drills shall include the use of
mannequins and rescue equipment during simulated rescue operations
involving physical facilities that approximate closely those facilities
from which rescue may be needed.
Note to paragraph (e)(1)(iii): If the team performs an actual rescue
during the 12 month period, an additional practice drill for that type
of rescue is not required.
(iv) At least one person on each rescue team shall maintain current
certification in basic first aid which includes maintenance of an
airway, control of bleeding, maintenance of circulation and
cardiopulmonary resuscitation (CPR) skills.
(2) The employer shall inform outside rescue teams of the hazards
that the team may encounter when called to perform confined and enclosed
space or other dangerous atmosphere rescue at the employer's facility so
that the rescue team can be trained and equipped.
Note to paragraph (e): The criteria for in-house rescue, listed in
paragraph (e)(1) can be used by the employer in evaluating outside
rescue services.
(f) Exchanging hazard information between employers. Each employer
whose employees work in confined and enclosed spaces or other dangerous
atmospheres shall ensure that all available information on the hazards,
safety rules, and emergency procedures concerning those spaces and
atmospheres is exchanged with any other employer whose employees may
enter the same spaces.
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995]
Sec. 1915.13 Cleaning and other cold work.
(a) Locations covered by this section. The employer shall ensure
that manual cleaning and other cold work are not performed in the
following spaces unless the conditions of paragraph (b) of this section
have been met:
(1) Spaces containing or having last contained bulk quantities of
combustible or flammable liquids or gases; and
(2) Spaces containing or having last contained bulk quantities of
liquids, gases or solids that are toxic, corrosive or irritating.
(b) Requirements for performing cleaning or cold work. (1) Liquid
residues of hazardous materials shall be removed from work spaces as
thoroughly as practicable before employees start cleaning operations or
cold work in a space. Special care shall be taken to prevent the
spilling or the draining of these materials into the water surrounding
the vessel, or for shore-side operations, onto the surrounding work
area.
(2) Testing shall be conducted by a competent person to determine
the concentration of flammable, combustible, toxic, corrosive, or
irritant vapors within the space prior to the beginning of cleaning or
cold work.
(3) Continuous ventilation shall be provided at volumes and flow
rates sufficient to ensure that the concentration(s) of:
(i) Flammable vapor is maintained below 10 percent of the lower
explosive limit; and
Note to paragraph (b)(3)(i): Spaces containing highly volatile
residues may require additional ventilation to keep the concentration of
flammable vapors below 10 percent of the lower explosive limit and
within the permissible exposure limit.
[[Page 39]]
(ii) Toxic, corrosive, or irritant vapors are maintained within the
permissible exposure limits and below IDLH levels.
(4) Testing shall be conducted by the competent person as often as
necessary during cleaning or cold work to assure that air concentrations
are below 10 percent of the lower explosive limit and within the PELs
and below IDLH levels. Factors such as, but not limited to, temperature,
volatility of the residues and other existing conditions in and about
the spaces are to be considered in determining the frequency of testing
necessary to assure a safe atmosphere.
Note to paragraph (b)(4): See appendix A for additional information
on frequency of testing.
(5) Spills or other releases of flammable, combustible, toxic,
corrosive, and irritant materials shall be cleaned up as work
progresses.
(6) An employee may not enter a confined or enclosed space or other
dangerous atmosphere if the concentration of flammable or combustible
vapors in work spaces exceeds 10 percent of the lower explosive limit.
Exception: An employee may enter for emergency rescue or for a short
duration for installation of ventilation equipment provided:
(i) No ignition sources are present;
(ii) The atmosphere in the space is monitored continuously;
(iii) The atmosphere in the space is maintained above the upper
explosive limit; and
(iv) Respiratory protection, personal protective equipment, and
clothing are provided in accordance with subpart I of this part.
Note to paragraph (b)(6): Other provisions for work in IDLH and
other dangerous atmospheres are located in subpart I of this part.
(7) A competent person shall test ventilation discharge areas and
other areas where discharged vapors may collect to determine if vapors
discharged from the spaces being ventilated are accumulating in
concentrations hazardous to employees.
(8) If the tests required in paragraph (b)(7) of this section
indicate that concentrations of exhaust vapors that are hazardous to
employees are accumulating, all work in the contaminated area shall be
stopped until the vapors have dissipated or been removed.
(9) Only explosion-proof, self-contained portable lamps, or other
electric equipment approved by a National Recognized Testing Laboratory
(NRTL) for the hazardous location shall be used in spaces described in
paragraph (a) of this section until such spaces have been certified as
``Safe for Workers.''
Note to paragraph (b)(9): Battery-fed, portable lamps or other
electric equipment bearing the approval of a NRTL for the class, and
division of the location in which they are used are deemed to meet the
requirements of this paragraph.
(10) The employer shall prominently post signs that prohibit sources
of ignition within or near a space that has contained flammable or
combustible liquids or gases in bulk quantities:
(i) At the entrance to those spaces;
(ii) In adjacent spaces; and
(iii) In the open area adjacent to those spaces.
(11) All air moving equipment and its component parts, including
duct work, capable of generating a static electric discharge of
sufficient energy to create a source of ignition, shall be bonded
electrically to the structure of a vessel or vessel section or, in the
case of land-side spaces, grounded to prevent an electric discharge in
the space.
(12) Fans shall have non-sparking blades, and portable air ducts
shall be of non-sparking materials.
Note to paragraph (b): See Sec. 1915.12(c) of this part and
applicable requirements of 29 CFR part 1915, subpart Z for other
provisions affecting cleaning and cold work.
Sec. 1915.14 Hot work.
(a) Hot work requiring testing by a Marine Chemist or Coast Guard
authorized person. (1) The employer shall ensure that hot work is not
performed in or on any of the following confined and enclosed spaces and
other dangerous atmospheres, boundaries of spaces or pipelines until the
work area has been tested and certified by a Marine Chemist or a U.S.
Coast Guard authorized person as ``Safe for Hot Work'':
(i) Within, on, or immediately adjacent to spaces that contain or
have contained combustible or flammable liquids or gases.
[[Page 40]]
(ii) Within, on, or immediately adjacent to fuel tanks that contain
or have last contained fuel; and
(iii) On pipelines, heating coils, pump fittings or other
accessories connected to spaces that contain or have last contained
fuel.
(iv) Exception: On dry cargo, miscellaneous and passenger vessels
and in the landside operations within spaces which meet the standards
for oxygen, flammability and toxicity in Sec. 1915.12, but are adjacent
to spaces containing flammable gases or liquids, with a flash point
below 150 [deg]F (65.6 [deg]C) when the distance between such spaces and
the work is 25 feet (7.62 m) or greater.
Note to paragraph (a)(1)(iv): For flammable liquids with flash
points above 150 [deg]F (65.6 [deg]C), see paragraph (b) of this
section.
(2) The certificate issued by the Marine Chemist or Coast Guard
authorized person shall be posted in the immediate vicinity of the
affected operations while they are in progress and kept on file for a
period of at least three months from the date of the completion of the
operation for which the certificate was generated.
(b) Hot work requiring testing by a competent person. (1) Hot work
is not permitted in or on the following spaces or adjacent spaces or
other dangerous atmospheres until they have been tested by a competent
person and determined to contain no concentrations of flammable vapors
equal to or greater than 10 percent of the lower explosive limit:
(i) Dry cargo holds,
(ii) The bilges,
(iii) The engine room and boiler spaces for which a Marine Chemist
or a Coast Guard authorized person certificate is not required under
paragraph (a)(1)(i) of this section.
(iv) Vessels and vessel sections for which a Marine Chemist or Coast
Guard authorized person certificate is not required under paragraph
(a)(1)(iv) of this section.
(v) Land-side confined and enclosed spaces or other dangerous
atmospheres not covered by paragraph (a)(1) of this section.
(2) If the concentration of flammable vapors or gases is equal to or
greater than 10 percent of the lower explosive limit in the space or an
adjacent space where the hot work is to be done, then the space shall be
labeled ``Not Safe for Hot Work'' and ventilation shall be provided at
volumes and flow rates sufficient to ensure that the concentration of
flammable vapors or gases is below 10 percent by volume of the lower
explosive limit. The warning label may be removed when the concentration
of flammable vapors and gases are below 10 percent lower explosive
limit.
Note to Sec. 1915.14: See appendix A of this subpart for additional
information relevant to performing hot work safely.
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995;
67 FR 44541, July 3, 2002]
Sec. 1915.15 Maintenance of safe conditions.
(a) Preventing hazardous materials from entering. Pipelines that
could carry hazardous materials into spaces that have been certified
``Safe for Workers'' or ``Safe for Hot Work'' shall be disconnected,
blanked off, or otherwise blocked by a positive method to prevent
hazardous materials from being discharged into the space.
(b) Alteration of existing conditions. When a change that could
alter conditions within a tested confined or enclosed space or other
dangerous atmosphere occurs, work in the affected space or area shall be
stopped. Work may not be resumed until the affected space or area is
visually inspected and retested and found to comply with Sec. Sec.
1915.12, 1915.13, and 1915.14 of this part, as applicable.
Note to paragraph (b): Examples of changes that would warrant the
stoppage of work include: The opening of manholes or other closures or
the adjusting of a valve regulating the flow of hazardous materials.
(c) Tests to maintain the conditions of a Marine Chemist's or Coast
Guard authorized person's certificates. A competent person shall
visually inspect and test each space certified as ``Safe for Workers''
or ``Safe for Hot Work,'' as often as necessary to ensure that
atmospheric conditions within that space are maintained within the
conditions established by the certificate after the certificate has been
issued.
[[Page 41]]
(d) Change in the conditions of a Marine Chemist's or Coast Guard
authorized person's certificate. If a competent person finds that the
atmospheric conditions within a certified space fail to meet the
applicable requirements of Sec. Sec. 1915.12, 1915.13, and 1915.14 of
this part, work in the certified space shall be stopped and may not be
resumed until the space has been retested by a Marine Chemist or Coast
Guard authorized person and a new certificate issued in accordance with
Sec. 1915.14(a).
(e) Tests to maintain a competent person's findings. After a
competent person has conducted a visual inspection and tests required in
Sec. Sec. 1915.12, 1915.13, and 1915.14 of this part and determined a
space to be safe for an employee to enter, he or she shall continue to
test and visually inspect spaces as often as necessary to ensure that
the required atmospheric conditions within the tested space are
maintained.''
(f) Changes in conditions determined by competent person's findings.
After the competent person has determined initially that a space is safe
for an employee to enter and he or she finds subsequently that the
conditions within the tested space fail to meet the requirements of
Sec. Sec. 1915.12, 1915.13, and 1915.14, of this part, as applicable,
work shall be stopped until the conditions in the tested space are
corrected to comply with Sec. Sec. 1915.12, 1915.13, and 1915.14, as
applicable.
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995;
67 FR 44541, July 3, 2002]
Sec. 1915.16 Warning signs and labels.
(a) Employee comprehension of signs and labels. The Employer shall
ensure that each sign or label posted to comply with the requirements of
this subpart is presented in a manner that can be perceived and
understood by all employees.
(b) Posting of large work areas. A warning sign or label required by
paragraph (a) of this section need not be posted at an individual tank,
compartment or work space within a work area if the entire work area has
been tested and certified: not safe for workers, not safe for hot work,
and if the sign or label to this effect is posted conspicuously at each
means of access to the work area.
Appendix A to Subpart B of Part 1915--Compliance Assistance Guidelines
for Confined and Enclosed Spaces and Other Dangerous Atmospheres
This appendix is a non-mandatory set of guidelines provided to
assist employers in complying with the requirements of this subpart.
This appendix neither creates additional obligations nor detracts from
obligations otherwise contained in the standard. It is intended to
provide explanatory information and educational material to employers
and employees to foster understanding of, and compliance with, the
standard.
Sections 1915.11 through 1915.16. These standards are minimum safety
standards for entering and working safely in vessel tanks and
compartments.
Section 1915.11(b) Definition of ``Hot work.'' There are several
instances in which circumstances do not necessitate that grinding,
drilling, abrasive blasting be regarded as hot work. Some examples are:
1. Abrasive blasting of the hull for paint preparation does not
necessitate pumping and cleaning the tanks of a vessel.
2. Prior to hot work on any hollow structure, the void space should
be tested and appropriate precautions taken.
Section 1915.11(b) Definition of ``Lower explosive limit.'' The
terms lower flammable limit (LFL) and lower explosive limit (LEL) are
used interchangeably in fire science literature.
Section 1915.11(b) Definition of ``Upper explosive limit.'' The
terms upper flammable limit (UFL) and upper explosive limit (UEL) are
used interchangeably in fire science literature.
Section 1915.12(a)(3). After a tank has been properly washed and
ventilated, the tank should contain 20.8 percent oxygen by volume. This
is the same amount found in our normal atmosphere at sea level. However,
it is possible that the oxygen content will be lower. When this is the
case, the reasons for this deficiency should be determined and
corrective action taken.
An oxygen content of 19.5 percent can support life and is adequate
for entry. However, any oxygen level greater than 20.8 percent by volume
should alert the competent person to look for the cause of the oxygen-
enriched atmosphere and correct it prior to entry. In addition, any
oxygen level lower than 19.5 percent level should also alert the
competent person to look for the cause of the oxygen-deficiency and
correct it prior to entry.
Section 1915.12(b)(3) Flammable atmospheres. Atmospheres with a
concentration of flammable vapors at or above 10 percent of the
[[Page 42]]
lower explosive limit (LEL) are considered hazardous when located in
confined spaces. However, atmospheres with flammable vapors below 10
percent of the LEL are not necessarily safe.
Such atmospheres are too lean to burn. Nevertheless, when a space
contains or produces measurable flammable vapors below the 10 percent
LEL, it might indicate that flammable vapors are being released or
introduced into the space and could present a hazard in time. Therefore,
the cause of the vapors should be investigated and, if possible,
eliminated prior to entry.
Some situations that have produced measurable concentrations of
flammable vapors that could exceed 10 percent of the LEL in time are:
1. Pipelines that should have been blanked or disconnected have
opened, allowing product into the space.
2. The vessel may have shifted, allowing product not previously
cleaned and removed during washing to move into other areas of the
vessel.
3. Residues may be producing the atmosphere by releasing flammable
vapor.
Section 1915.12(b)(6) Flammable atmospheres that are toxic. An
atmosphere with a measurable concentration of a flammable substance
below 10 percent of the LEL may be above the OSHA permissible exposure
limit for that substance. In that case, refer to Sec. 1915.12(c) (2),
(3), and (4).
Sections 1915.13(b)(4), 1915.15(c), and 1915.15(e). The frequency
with which a tank is monitored to determine if atmospheric conditions
are being maintained is a function of several factors that are discussed
below:
1. Temperature. Higher temperatures will cause a combustible or
flammable liquid to vaporize at a faster rate than lower temperatures.
This is important since hotter days may cause tank residues to produce
more vapors and that may result in the vapors exceeding 10 percent of
the LEL or an overexposure to toxic contaminants.
2. Work in the tank. Any activity in the tank could change the
atmospheric conditions in that tank. Oxygen from a leaking oxyfuel hose
or torch could result in an oxygen-enriched atmosphere that would more
easily propagate a flame. Some welding operations use inert gas, and
leaks can result in an oxygen-deficient atmosphere. Manual tank cleaning
with high pressure spray devices can stir up residues and result in
exposures to toxic contaminants. Simple cleaning or mucking out, where
employees walk through and shovel residues and sludge, can create a
change in atmospheric conditions.
3. Period of time elapsed. If a period of time has elapsed since a
Marine Chemist or Coast Guard authorized person has certified a tank as
safe, the atmospheric condition should be rechecked by the competent
person prior to entry and starting work.
4. Unattended tanks or spaces. When a tank or space has been tested
and declared safe, then subsequently left unattended for a period of
time, it should be retested prior to entry and starting work. For
example, when barges are left unattended at night, unidentified products
from another barge are sometimes dumped into their empty tanks. Since
this would result in a changed atmosphere, the tanks should be retested
prior to entry and starting work.
5. Work break. When workers take a break or leave at the end of the
shift, equipment sometimes is inadvertently left in the tanks. At lunch
or work breaks and at the end of the shift are the times when it is most
likely someone will leave a burning or cutting torch in the tank,
perhaps turned on and leaking oxygen or an inert gas. Since the former
can produce an oxygen-enriched atmosphere, and the latter an oxygen-
deficient atmosphere, tanks should be checked for equipment left behind,
and atmosphere, monitored if necessary prior to re-entering and resuming
work. In an oxygen-enriched atmosphere, the flammable range is severely
broadened. This means that an oxygen-enriched atmosphere can promote
very rapid burning.
6. Ballasting or trimming. Changing the position of the ballast, or
trimming or in any way moving the vessel so as to expose cargo that had
been previously trapped, can produce a change in the atmosphere of the
tank. The atmosphere should be retested after any such move and prior to
entry or work.
Section 1915.14 (a) and (b) Hot work. This is a reminder that other
sections of the OSHA shipyard safety and health standards in part 1915
should be reviewed prior to starting any hot work. Most notably, subpart
D, Welding, Cutting and Heating, places additional restrictions on hot
work. The requirements of Sec. Sec. 1915.51 and 1915.53 must be met
before hot work is begun on any metal that is toxic or is covered by a
preservative coating respectively; the requirements of Sec. 1915.54
must be met before welding, cutting, or heating is begun on any hollow
containers or structures not covered by Sec. 1915.12.
Section 1915.12(a)(2). During hot work, more than 20.8 percent
oxygen by volume can be unsafe since it extends the normal flammable
range. The standard permits the oxygen level to reach 22 percent by
volume in order to account for instrument error. However, the cause of
excess oxygen should be investigated and the source removed.
Section 1915.16(b). If the entire vessel has been found to be in the
same condition, then employers shall be considered to be in compliance
with this requirement when signs using appropriate warning language in
accordance with Sec. 1915.16(a) are posted at the
[[Page 43]]
gangway and at all other means of access to the vessel.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]
Appendix B to Subpart B of Part 1915--Reprint of U.S. Coast Guard
Regulations Referenced in Subpart B, for Determination of Coast Guard
Authorized Persons
This appendix provides a complete reprint of U.S. Coast Guard
regulations as of October 1, 1993, referenced in subpart B for purposes
of determining who is a Coast Guard authorized person.
1. Title 46 CFR 35.01-1 (a) through (c) covering hot work on tank
vessels reads as follows:
(a) The provisions of ``Standard for the Control of Gas Hazards on
Vessels to be Repaired,'' NFPA No. 306, published by National Fire
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be
used as a guide in conducting the inspections and issuance of
certificates required by this section.
(b) Until an inspection has been made to determine that such
operation can be undertaken with safety, no alterations, repairs, or
other such operations involving riveting, welding, burning, or like
fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks that have been used
to carry flammable or combustible liquid or chemicals in bulk, or within
spaces adjacent to such cargo tanks; or
(2) Within or on the boundaries of fuel tanks; or
(3) To pipe lines, heating coils, pumps, fittings, or other
appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and
possessions, the inspection shall be made by a Marine Chemist
certificated by the National Fire Protection Association; however, if
the services of such certified Marine Chemists are not reasonably
available, the Officer in Charge, Marine Inspection, upon the
recommendation of the vessel owner and his contractor or their
representative, shall select a person who, in the case of an individual
vessel, shall be authorized to make such inspection. If the inspection
indicates that such operations can be undertaken with safety, a
certificate setting forth the fact in writing and qualified as may be
required, shall be issued by the certified Marine Chemist or the
authorized person before the work is started. Such qualifications shall
include any requirements as may be deemed necessary to maintain, insofar
as can reasonably be done, the safe conditions in the spaces certified,
throughout the operation and shall include such additional tests and
certifications as considered required. Such qualifications and
requirements shall include precautions necessary to eliminate or
minimize hazards that may be present from protective coatings or
residues from cargoes.
2. Title 46 CFR 71.60(c)(1) covering hot work on passenger vessels
reads as follows:
(a) The provisions of ``Standard for the Control of Gas Hazards on
Vessels to be Repaired,'' NFPA No. 306, published by National Fire
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be
used as a guide in conducting the inspections and issuance of
certificates required by this section.
(b) Until an inspection has been made to determine that such
operation can be undertaken with safety, no alterations, repairs, or
other such operations involving riveting, welding, burning, or like
fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks which have been used
to carry flammable or combustible liquid or chemicals in bulk, or within
spaces adjacent to such cargo tanks; or
(2) Within or on the boundaries of fuel tanks; or
(3) To pipe lines, heating coils, pumps, fittings, or other
appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and
possessions the inspection shall be made by a Marine Chemist
certificated by the National Fire Protection Association; however, if
the services of such certified Marine Chemist are not reasonably
available, the Officer in Charge, Marine Inspection, upon the
recommendation of the vessel owner and his contractor or their
representative, shall select a person who, in the case of an individual
vessel, shall be authorized to make such inspection. If the inspection
indicated that such operations can be undertaken with safety, a
certificate setting forth the fact in writing and qualified as may be
required, shall be issued by the certified Marine Chemist or the
authorized person before the work is started. Such qualifications shall
include any requirements as may be deemed necessary to maintain, insofar
as can reasonably be done, the safe conditions in the spaces certified
throughout the operation and shall include such additional tests and
certifications as considered required. Such qualifications and
requirements shall include precautions necessary to eliminate or
minimize hazards that may be present from protective coatings or
residues from cargoes.
[[Page 44]]
3. Title 46 CFR 91.50-1(c)(1) covering hot work on cargo and
miscellaneous vessels as follows:
(a) The provisions of ``Standard for the Control of Gas Hazards on
Vessels to be Repaired,'' NFPA No. 306, published by National Fire
Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be
used as a guide in conducting the inspections and issuance of
certificates required by this section.
(b) Until an inspection has been made to determine that such
operation can be undertaken with safety, no alterations, repairs, or
other such operations involving riveting, welding, burning, or like
fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks which have been used
to carry flammable or combustible liquid or chemicals in bulk, or within
spaces adjacent to such cargo tanks; or,
(2) Within or on the boundaries of fuel tanks; or,
(3) To pipe lines, heating coils, pumps, fittings, or other
appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and
possessions the inspection shall be made by a Marine Chemist
certificated by the National Fire Protection Association; however, if
the services of such certified Marine Chemist are not reasonably
available, the Officer in Charge, Marine Inspection, upon the
recommendation of the vessel owner and his contractor or their
representative, shall select a person who, in the case of an individual
vessel, shall be authorized to make such inspection. If the inspection
indicated that such operations can be undertaken with safety, a
certificate setting forth the fact in writing and qualified as may be
required, shall be issued by the certified Marine Chemist or the
authorized person before the work is started. Such qualifications shall
include any requirements as may be deemed necessary to maintain, insofar
as can reasonably be done, the safe conditions in the spaces certified
throughout the operation and shall include such additional tests and
certifications as considered required. Such qualifications and
requirements shall include precautions necessary to eliminate or
minimize hazards that may be present from protective coatings or
residues from cargoes.
Subpart C_Surface Preparation and Preservation
Sec. 1915.31 Scope and application of subpart.
The standards contained in this subpart shall apply to ship
repairing and shipbuilding and shall not apply to shipbreaking.
Sec. 1915.32 Toxic cleaning solvents.
(a) When toxic solvents are used, the employer shall employ one or
more of the following measures to safeguard the health of employees
exposed to these solvents.
(1) The cleaning operation shall be completely enclosed to prevent
the escape of vapor into the working space.
(2) Either natural ventilation or mechanical exhaust ventilation
shall be used to remove the vapor at the source and to dilute the
concentration of vapors in the working space to a concentration which is
safe for the entire work period.
(3) Employees shall be protected against toxic vapors by suitable
respiratory protective equipment in accordance with the requirements of
subpart I of this part and, where necessary, against exposure of skin
and eye contact with toxic solvents and their vapors by suitable
clothing and equipment.
(b) The principles in the threshold limit values to which attention
is directed in Sec. 1915.4 will be used by the Department of Labor in
enforcement proceedings in defining a safe concentration of air
contaminants.
(c) When flammable solvents are used, precautions shall be taken in
accordance with the requirements of Sec. 1915.36.
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]
Sec. 1915.33 Chemical paint and preservative removers.
(a) Employees shall be protected against skin contact during the
handling and application of chemical paint and preservative removers and
shall be protected against eye injury by goggles or face shields in
accordance with the requirements of subpart I of this part.
[[Page 45]]
(b) When using flammable paint and preservative removers,
precautions shall be taken in accordance with the requirements of Sec.
1915.36.
(c) When using chemical paint and preservative removers which
contain volatile and toxic solvents, such as benzol, acetone and amyl
acetate, the provisions of Sec. 1915.32 shall be applicable.
(d) When using paint and rust removers containing strong acids or
alkalies, employees shall be protected by suitable face shields to
prevent chemical burns on the face and neck.
(e) When steam guns are used, all employees working within range of
the blast shall be protected by suitable face shields. Metal parts of
the steam gun itself shall be insulated to protect the operator against
heat burns.
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]
Sec. 1915.34 Mechanical paint removers.
(a) Power tools. (1) Employees engaged in the removal of paints,
preservatives, rusts, or other coatings by means of power tools shall be
protected against eye injury by using goggles or face shields in
accordance with the requirements of subpart I of this part.
(2) All portable rotating tools used for the removal of paints,
preservatives, rusts or other coatings shall be adequately guarded to
protect both the operator and nearby workers from flying missiles.
(3) Portable electric tools shall be grounded in accordance with the
requirements of Sec. 1915.132.
(4) In a confined space, mechanical exhaust ventilation sufficient
to keep the dust concentration to a minimum shall be used, or employees
shall be protected by respiratory protective equipment in accordance
with the requirements of subpart I of this part.
(b) Flame removal. (1) Hardened preservative coatings shall not be
removed by flame in enclosed spaces unless the employees exposed to
fumes are protected by air line respirators in accordance with the
requirements of subpart I. Employees performing such an operation in the
open air, and those exposed to the resulting fumes shall be protected by
a fume filter type respirator in accordance with the requirements of
subpart I of this part.
(2) Flame or heat shall not be used to remove soft and greasy
preservative coatings.
(c) Abrasive blasting--(1) Equipment. Hoses and fittings used for
abrasive blasting shall meet the following requirements:
(i) Hoses. Hose of a type to prevent shocks from static electricity
shall be used.
(ii) Hose couplings. Hose lengths shall be joined by metal couplings
secured to the outside of the hose to avoid erosion and weakening of the
couplings.
(iii) Nozzles. Nozzles shall be attached to the hose by fittings
that will prevent the nozzle from unintentionally becoming disengaged.
Nozzle attachments shall be of metal and shall fit onto the hose
externally.
(iv) Dead man control. A dead man control device shall be provided
at the nozzle end of the blasting hose either to provide direct cutoff
or to signal the pot tender by means of a visual and audible signal to
cut off the flow, in the event the blaster loses control of the hose.
The pot tender shall be available at all times to respond immediately to
the signal.
(2) Replacement. Hoses and all fittings used for abrasive blasting
shall be inspected frequently to insure timely replacement before an
unsafe amount of wear has occurred.
(3) Personal protective equipment. (i) Abrasive blasters working in
enclosed spaces shall be protected by hoods and air line respirators, or
by air helmets of a positive pressure type in accordance with the
requirements of subpart I of this part.
(ii) Abrasive blasters working in the open shall be protected as
indicated in paragraph (c)(3)(i) of this section except that when
synthetic abrasive containing less than one percent free silica are
used, filter type respirators approved jointly by the National Institute
for Occupational Safety and Health and the Mine Safety and Health
Administration for exposure to lead dusts, used in conjunction with the
proper eye, face and head protection, may be used in accordance with
subpart I of this part.
[[Page 46]]
(iii) Employees, other than blasters, including machine tenders and
abrasive recovery men, working in areas where unsafe concentrations of
abrasive materials and dusts are present shall be protected by eye and
respiratory protective equipment in accordance with the requirements of
subpart I of this part.
(iv) The blaster shall be protected against injury from exposure to
the blast by appropriate protective clothing, including gloves.
(v) Since surges from drops in pressure in the hose line can be of
sufficient proportions to throw the blaster off the staging, the blaster
shall be protected by a safety belt when blasting is being done from
elevations where adequate protection against falling cannot be provided
by railings.
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]
Sec. 1915.35 Painting.
(a) Paints mixed with toxic vehicles or solvents. (1) When paints
mixed with toxic vehicles or solvents are sprayed, the following
conditions shall apply:
(i) In confined spaces, employees continuously exposed to such
spraying shall be protected by air line respirators in accordance with
the requirements of subpart I of this part.
(ii) In tanks or compartments, employees continuously exposed to
such spraying shall be protected by air line respirators in accordance
with the requirements of subpart I. Where mechanical ventilation is
provided, employees shall be protected by respirators in accordance with
the requirements of subpart I of this part.
(iii) In large and well ventilated areas, employees exposed to such
spraying shall be protected by respirators in accordance with the
requirements of subpart I of this part.
(2) Where brush application of paints with toxic solvents is done in
confined spaces or in other areas where lack of ventilation creates a
hazard, employees shall be protected by filter respirators in accordance
with the requirements of subpart I of this part.
(3) When flammable paints or vehicles are used, precautions shall be
taken in accordance with the requirements of Sec. 1915.36.
(4) The metallic parts of air moving devices, including fans,
blowers, and jet-type air movers, and all duct work shall be
electrically bonded to the vessel's structure.
(b) Paints and tank coatings dissolved in highly volatile, toxic and
flammable solvents. Several organic coatings, adhesives and resins are
dissolved in highly toxic, flammable and explosive solvents with flash
points below 80 [deg]F. Work involving such materials shall be done only
when all of the following special precautions have been taken:
(1) Sufficient exhaust ventilation shall be provided to keep the
concentration of solvent vapors below ten (10) percent of the lower
explosive limit. Frequent tests shall be made by a competent person to
ascertain the concentration.
(2) If the ventilation fails or if the concentration of solvent
vapors reaches or exceeds ten (10) percent of the lower explosive limit,
painting shall be stopped and the compartment shall be evacuated until
the concentration again falls below ten (10) percent of the lower
explosive limit. If the concentration does not fall when painting is
stopped, additional ventilation to bring the concentration to below ten
(10) percent of the lower explosive limit shall be provided.
(3) Ventilation shall be continued after the completion of painting
until the space or compartment is gas free. The final determination as
to whether the space or compartment is gas free shall be made after the
ventilating equipment has been shut off for at least 10 minutes.
(4) Exhaust ducts shall discharge clear of working areas and away
from sources of possible ignition. Periodic tests shall be made to
ensure that the exhausted vapors are not accumulating in other areas
within or around the vessel or dry dock.
(5) All motors and control equipment shall be of the explosion-proof
type. Fans shall have nonferrous blades. Portable air ducts shall also
be of nonferrous materials. All motors and associated control equipment
shall be properly maintained and grounded.
(6) Only non-sparking paint buckets, spray guns and tools shall be
used. Metal parts of paint brushes and rollers
[[Page 47]]
shall be insulated. Staging shall be erected in a manner which ensures
that it is non-sparking.
(7) Only explosion proof lights, approved by the Underwriters'
Laboratories for use in Class I, Group D atmospheres, or approved as
permissible by the Mine Safety and Health Administration or the U.S.
Coast Guard, shall be used.
(8) A competent person shall inspect all power and lighting cables
to ensure that the insulation is in excellent condition, free of all
cracks and worn spots, that there are no connections within fifty (50)
feet of the operation, that lines are not overloaded, and that they are
suspended with sufficient slack to prevent undue stress or chafing.
(9) The face, eyes, head, hands, and all other exposed parts of the
bodies of employees handling such highly volatile paints shall be
protected. All footwear shall be non-sparking, such as rubbers, rubber
boots or rubber soled shoes without nails. Coveralls or other outer
clothing shall be of cotton. Rubber, rather than plastic, gloves shall
be used because of the danger of static sparks.
(10) No matches, lighted cigarettes, cigars, or pipes, and no
cigarette lighters or ferrous articles shall be taken into the area
where work is being done.
(11) All solvent drums taken into the compartment shall be placed on
nonferrous surfaces and shall be grounded to the vessel. Metallic
contact shall be maintained between containers and drums when materials
are being transferred from one to another.
(12) Spray guns, paint pots, and metallic parts of connecting tubing
shall be electrically bonded, and the bonded assembly shall be grounded
to the vessel.
(13) All employees continuously in a compartment in which such
painting is being performed shall be protected by air line respirators
in accordance with the requirements of subpart I of this part and by
suitable protective clothing. Employees entering such compartments for a
limited time shall be protected by filter cartridge type respirators in
accordance with the requirements of subpart I of this part.
(14) All employees doing exterior paint spraying with such paints
shall be protected by suitable filter cartridge type respirators in
accordance with the requirements of subpart I of this part and by
suitable protective clothing.
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67
FR 44541, July 3, 2002]
Sec. 1915.36 Flammable liquids.
(a) In all cases when liquid solvents, paint and preservative
removers, paints or vehicles, other than those covered by Sec.
1915.35(b), are capable of producing a flammable atmosphere under the
conditions of use, the following precautions shall be taken:
(1) Smoking, open flames, arcs and spark-producing equipment shall
be prohibited in the area.
(2) Ventilation shall be provided in sufficient quantities to keep
the concentration of vapors below ten (10) percent of their lower
explosive limit. Frequent tests shall be made by a competent person to
ascertain the concentration.
(3) Scrapings and rags soaked with these materials shall be kept in
a covered metal container.
(4) Only explosion proof lights, approved by the Underwriters'
Laboratories for use in Class I, Group D atmospheres, or approved as
permissible by the Mine Safety and Health Administration or the U.S.
Coast Guard, shall be used.
(5) A competent person shall inspect all power and lighting cables
to ensure that the insulation is in excellent condition, free of all
cracks and worn spots, that there are no connections within fifty (50)
feet of the operation, that lines are not overloaded, and that they are
suspended with sufficient slack to prevent undue stress or chafing.
(6) Suitable fire extinguishing equipment shall be immediately
available in the work area and shall be maintained in a state of
readiness for instant use.
[[Page 48]]
Subpart D_Welding, Cutting and Heating
Sec. 1915.51 Ventilation and protection in welding, cutting and heating.
(a) The provisions of this section shall apply to all ship
repairing, shipbuilding, and shipbreaking operations; except that
paragraph (e) of this section shall apply only to ship repairing and
shipbuilding. Paragraph (g) of this section shall apply only to ship
repairing.
(b) Mechanical ventilation requirements. (1) For purposes of this
section, mechanical ventilation shall meet the following requirements:
(i) Mechanical ventilation shall consist of either general
mechanical ventilation systems or local exhaust systems.
(ii) General mechanical ventilation shall be of sufficient capacity
and so arranged as to produce the number of air changes necessary to
maintain welding fumes and smoke within safe limits.
(iii) Local exhaust ventilation shall consist of freely movable
hoods intended to be placed by the welder or burner as close as
practicable to the work. This system shall be of sufficient capacity and
so arranged as to remove fumes and smoke at the source and keep the
concentration of them in the breathing zone within safe limits.
(iv) Contaminated air exhausted from a working space shall be
discharged into the open air or otherwise clear of the source of intake
air.
(v) All air replacing that withdrawn shall be clean and respirable.
(vi) Oxygen shall not be used for ventilation purposes, comfort
cooling, blowing dust or dirt from clothing, or for cleaning the work
area.
(c) Welding, cutting and heating in confined spaces. (1) Except as
provided in paragraphs (c)(3) and (d)(2) of this section either general
ventilation meeting the requirements of paragraph (b) of this section
shall be provided whenever welding, cutting or heating is performed in a
confined space.
(2) The means of access shall be provided to a confined space and
ventilation ducts to this space shall be arranged in accordance with
Sec. 1915.76(b) (1) and (2).
(3) When sufficient ventilation cannot be obtained without blocking
the means of access, employees in the confined space shall be protected
by air line respirators in accordance with the requirements of Sec.
1915.154, and an employee on the outside of such a confined space shall
be assigned to maintain communication with those working within it and
to aid them in an emergency.
(d) Welding, cutting or heating of metals of toxic significance. (1)
Welding, cutting or heating in any enclosed spaces aboard the vessel
involving the metals specified below shall be performed with either
general mechanical or local exhaust ventilation meeting the requirements
of paragraph (b) of this section:
(i) Zinc-bearing base or filler metals or metals coated with zinc-
bearing materials.
(ii) Lead base metals.
(iii) Cadmium-bearing filler materials.
(iv) Chromium-bearing metals or metals coated with chromium-bearing
materials.
(2) Welding, cutting or heating in any enclosed spaces aboard the
vessel involving the metals specified below shall be performed with
local exhaust ventilation in accordance with the requirements of
paragraph (b) of this section or employees shall be protected by air
line respirators in accordance with the requirements of Sec. 1915.154:
(i) Metals containing lead, other than as an impurity, or metals
coated with lead-bearing materials.
(ii) Cadmium-bearing or cadmium coated base metals.
(iii) Metals coated with mercury-bearing metals.
(iv) Beryllium-containing base or filler metals. Because of its high
toxicity, work involving beryllium shall be done with both local exhaust
ventilation and air line respirators.
(3) Employees performing such operations in the open air shall be
protected by filter type respirators, and employees performing such
operations on beryllium-containing base or filler metals shall be
protected by air line respirators, in accordance with the requirements
of Sec. 1915.154.
(4) Other employees exposed to the same atmosphere as the welders or
[[Page 49]]
burners shall be protected in the same manner as the welder or burner.
(e) Inert-gas metal-arc welding. (1) Since the inert-gas metal-arc
welding process involves the production of ultraviolet radiation of
intensities of 5 to 30 times that produced during shielded metal-arc
welding, the decomposition of chlorinated solvents by ultraviolet rays,
and the liberation of toxic fumes and gases, employees shall not be
permitted to engage in, or be exposed to the process until the following
special precautions have been taken:
(i) The use of chlorinated solvents shall be kept at least two
hundred (200) feet from the exposed arc, and surfaces prepared with
chlorinated solvents shall be thoroughly dry before welding is permitted
on such surfaces.
(ii) Helpers and other employees in the area not protected from the
arc by screening as provided in Sec. 1915.56(e) shall be protected by
filter lenses meeting the requirements of Sec. 1915.153. When two or
more welders are exposed to each other's arc, filter lens goggles of a
suitable type meeting the requirements of Sec. 1915.153 shall be worn
under welding helmets or hand shields to protect the welder against
flashes and radiant energy when either the helmet is lifted or the
shield is removed.
(iii) Welders and other employees who are exposed to radiation shall
be suitably protected so that the skin is covered completely to prevent
burns and other damage by ultraviolet rays. Welding helmets and hand
shields shall be free of leaks and openings, and free of highly
reflective surfaces.
(iv) When inert-gas metal-arc welding is being performed on
stainless steel, the requirements of paragraph (d)(2) of this section
shall be met to protect against dangerous concentrations of nitrogen
dioxide.
(f) General welding, cutting, and heating. (1) Welding, cutting and
heating not involving conditions or materials described in paragraph
(c), (d) or (e) of this section may normally be done without mechanical
ventilation or respiratory protective equipment, but where, because of
unusual physical or atmospheric conditions, an unsafe accumulation of
contaminants exists, suitable mechanical ventilation or respiratory
protective equipment shall be provided.
(2) Employees performing any type of welding, cutting or heating
shall be protected by suitable eye protective equipment in accordance
with the requirements of Sec. 1915.153.
(g) Residues and cargoes of metallic ores. (1) Residues and cargoes
of metallic ores of toxic significance shall be removed from the area or
protected from the heat before ship repair work which involves welding,
cutting or heating is begun.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44541, July 3, 2002]
Sec. 1915.53 Welding, cutting and heating in way of preservative coatings.
(a) The provisions in this section shall apply to all ship
repairing, shipbuilding and shipbreaking operations except for
paragraphs (e) and (f) of this section which shall apply to ship
repairing and shipbulding and shall not apply to shipbreaking.
(b) Before welding, cutting or heating is commenced on any surface
covered by a preservative coating whose flammability is not known, a
test shall be made by a competent person to determine its flammability.
Preservative coatings shall be considered to be highly flammable when
scrapings burn with extreme rapidity.
(c) Precautions shall be taken to prevent ignition of highly
flammable hardened preservative coatings. When coatings are determined
to be highly flammable they shall be stripped from the area to be heated
to prevent ignition, or, where shipbreaking is involved, the coatings
may be burned away under controlled conditions. A 1\1/2\ inch or larger
fire hose with fog nozzle, which has been uncoiled and placed under
pressure, shall be immediately available for instant use in the
immediate vicinity, consistent with avoiding freezing of the hose.
(d) Protection against toxic preservative coatings. (1) In enclosed
spaces, all surfaces covered with toxic preservatives shall be stripped
of all toxic coatings for a distance of at least 4 inches from the area
of heat application or the employees shall be protected by air line
respirators meeting the requirements of Sec. 1915.154.
[[Page 50]]
(2) In the open air, employees shall be protected by a filter type
respirator in accordance with the requirements of Sec. 1915.154.
(e) Before welding, cutting or heating is commenced in enclosed
spaces on metals covered by soft and greasy preservatives, the following
precautions shall be taken:
(1) A competent person shall test the atmosphere in the space to
ensure that it does not contain explosive vapors, since there is a
possibility that some soft and greasy preservatives may have flash
points below temperatures which may be expected to occur naturally. If
such vapors are determined to be present, no hot work shall be commenced
until such precautions have been taken as will ensure that the welding,
cutting or heating can be performed in safety.
(2) The preservative coatings shall be removed for a sufficient
distance from the area to be heated to ensure that the temperature of
the unstripped metal will not be appreciably raised. Artificial cooling
of the metal surrounding the heated area may be used to limit the size
of the area required to be cleaned. The prohibition contained in Sec.
1915.34(b)(2) shall apply.
(f) Immediately after welding, cutting or heating is commenced in
enclosed spaces on metal covered by soft and greasy preservatives, and
at frequent intervals thereafter, a competent person shall make tests to
ensure that no flammable vapors are being produced by the coatings. If
such vapors are determined to be present, the operation shall be stopped
immediately and shall not be resumed until such additional precautions
have been taken as are necessary to ensure that the operation can be
resumed safely.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
Sec. 1915.54 Welding, cutting and heating of hollow metal containers and
structures not covered by Sec. 1915.12.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Drums, containers, or hollow structures which have contained
flammable substances shall, before welding, cutting, or heating is
undertaken on them, either be filled with water or thoroughly cleaned of
such substances and ventilated and tested.
(b) Before heat is applied to a drum, container, or hollow
structure, a vent or opening shall be provided for the release of any
built-up pressure during the application of heat.
(c) Before welding, cutting, heating or brazing is begun on
structural voids such as skegs, bilge keels, fair waters, masts, booms,
support stanchions, pipe stanchions or railings, a competent person
shall inspect the object and, if necessary, test it for the presence of
flammable liquids or vapors. If flammable liquids or vapors are present,
the object shall be made safe.
(d) Objects such as those listed in paragraph (c) of this section
shall also be inspected to determine whether water or other non-
flammable liquids are present which, when heated, would build up
excessive pressure. If such liquids are determined to be present, the
object shall be vented, cooled, or otherwise made safe during the
application of heat.
(e) Jacketed vessels shall be vented before and during welding,
cutting or heating operations in order to release any pressure which may
build up during the application of heat.
Sec. 1915.55 Gas welding and cutting.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Transporting, moving and storing compressed gas cylinders. (1)
Valve protection caps shall be in place and secure. Oil shall not be
used to lubricate protection caps.
(2) When cylinders are hoisted, they shall be secured on a cradle,
slingboard or pallet. They shall not be hoisted by means of magnets or
choker slings.
(3) Cylinders shall be moved by tilting and rolling them on their
bottom edges. They shall not be intentionally dropped, struck, or
permitted to strike each other violently.
(4) When cylinders are transported by vehicle, they shall be secured
in position.
(5) Valve protection caps shall not be used for lifting cylinders
from one vertical position to another. Bars shall
[[Page 51]]
not be used under valves or valve protection caps to pry cylinders loose
when frozen. Warm, not boiling, water shall be used to thaw cylinders
loose.
(6) Unless cylinders are firmly secured on a special carrier
intended for this purpose, regulators shall be removed and valve
protection caps put in place before cylinders are moved.
(7) A suitable cylinder truck, chain, or other steadying device
shall be used to keep cylinders from being knocked over while in use.
(8) When work is finished, when cylinders are empty or when
cylinders are moved at any time, the cylinder valves shall be closed.
(9) Acetylene cylinders shall be secured in an upright position at
all times except, if necessary, for short periods of time while
cylinders are actually being hoisted or carried.
(b) Placing cylinders. (1) Cylinders shall be kept far enough away
from the actual welding or cutting operation so that sparks, hot slag or
flame will not reach them. When this is impractical, fire resistant
shields shall be provided.
(2) Cylinders shall be placed where they cannot become part of an
electrical circuit. Electrodes shall not be struck against a cylinder to
strike an arc.
(3) Fuel gas cylinders shall be placed with valve end up whenever
they are in use. They shall not be placed in a location where they would
be subject to open flame, hot metal, or other sources of artificial
heat.
(4) Cylinders containing oxygen or acetylene or other fuel gas shall
not be taken into confined spaces.
(c) Treatment of cylinders. (1) Cylinders, whether full or empty,
shall not be used as rollers or supports.
(2) No person other than the gas supplier shall attempt to mix gases
in a cylinder. No one except the owner of the cylinder or person
authorized by him shall refill a cylinder. No one shall use a cylinder's
contents for purposes other than those intended by the supplier. Only
cylinders bearing Interstate Commerce Commission identification and
inspection markings shall be used.
(3) No damaged or defective cylinder shall be used.
(d) Use of fuel gas. The employer shall thoroughly instruct
employees in the safe use of fuel gas, as follows:
(1) Before connecting a regulator to a cylinder valve, the valve
shall be opened slightly and closed immediately. (This action is
generally termed ``cracking'' and is intended to clear the valve of dust
or dirt that might otherwise enter the regulator.) The person cracking
the valve shall stand to one side of the outlet, not in front of it. The
valve of a fuel gas cylinder shall not be cracked where the gas would
reach welding work, sparks, flame or other possible sources of ignition.
(2) The cylinder valve shall always be opened slowly to prevent
damage to the regulator. To permit quick closing, valves on fuel gas
cylinders shall not be opened more than 1\1/2\ turns. When a special
wrench is required, it shall be left in position on the stem of the
valve while the cylinder is in use so that the fuel gas flow can be shut
off quickly in case of an emergency. In the case of manifolded or
coupled cylinders, at least one such wrench shall always be available
for immediate use. Nothing shall be placed on top of a fuel gas
cylinder, when in use, which may damage the safety device or interfere
with the quick closing of the valve.
(3) Fuel gas shall not be used from cylinders through torches or
other devices which are equipped with shut-off valves without reducing
the pressure through a suitable regulator attached to the cylinder valve
or manifold.
(4) Before a regulator is removed from a cylinder valve, the
cylinder valve shall always be closed and the gas released from the
regulator.
(5) If, when the valve on a fuel gas cylinder is opened, there is
found to be a leak around the valve stem, the valve shall be closed and
the gland nut tightened. If this action does not stop the leak, the use
of the cylinder shall be discontinued, and it shall be properly tagged
and removed from the vessel. In the event that fuel gas should leak from
the cylinder valve rather than from the valve stem and the gas cannot be
shut off, the cylinder shall be properly tagged and removed from the
vessel. If a regulator attached to a cylinder valve will effectively
stop a leak
[[Page 52]]
through the valve seat, the cylinder need not be removed from the
vessel.
(6) If a leak should develop at a fuse plug or other safety device,
the cylinder shall be removed from the vessel
(e) Fuel gas and oxygen manifolds. (1) Fuel gas and oxygen manifolds
shall bear the name of the substance they contain in letters at least
one (1) inch high which shall be either painted on the manifold or on a
sign permanently attached to it.
(2) Fuel gas and oxygen manifolds shall be placed in safe and
accessible locations in the open air. They shall not be located within
enclosed spaces.
(3) Manifold hose connections, including both ends of the supply
hose that lead to the manifold, shall be such that the hose cannot be
interchanged between fuel gas and oxygen manifolds and supply header
connections. Adapters shall not be used to permit the interchange of
hose. Hose connections shall be kept free of grease and oil.
(4) When not in use, manifold and header hose connections shall be
capped.
(5) Nothing shall be placed on top of a manifold, when in use, which
will damage the manifold or interfere with the quick closing of the
valves.
(f) Hose. (1) Fuel gas hose and oxygen hose shall be easily
distinguishable from each other. The contrast may be made by different
colors or by surface characteristics readily distinguishable by the
sense of touch. Oxygen and fuel gas hoses shall not be interchangeable.
A single hose having more than one gas passage, a wall failure of which
would permit the flow of one gas into the other gas passage, shall not
be used.
(2) When parallel sections of oxygen and fuel gas hose are taped
together not more than 4 inches out of 8 inches shall be covered by
tape.
(3) All hose carrying acetylene, oxygen, natural or manufactured
fuel gas, or any gas or substance which may ignite or enter into
combustion or be in any way harmful to employees, shall be inspected at
the beginning of each shift. Defective hose shall be removed from
service.
(4) Hose which has been subjected to flashback or which shows
evidence of severe wear or damage shall be tested to twice the normal
pressure to which it is subject, but in no case less than two hundered
(200) psi. Defective hose or hose in doubtful condition shall not be
used.
(5) Hose couplings shall be of the type that cannot be unlocked or
disconnected by means of a straight pull without rotary motion.
(6) Boxes used for the stowage of gas hose shall be ventilated.
(g) Torches. (1) Clogged torch tip openings shall be cleaned with
suitable cleaning wires, drills or other devices designed for such
purpose.
(2) Torches shall be inspected at the beginning of each shift for
leaking shutoff valves, hose couplings, and tip connections. Defective
torches shall not be used.
(3) Torches shall be lighted by friction lighters or other approved
devices, and not by matches or from hot work.
(h) Pressure regulators. Oxygen and fuel gas pressure regulators
including their related gauges shall be in proper working order while in
use.
Sec. 1915.56 Arc welding and cutting.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Manual electrode holders. (1) Only manual electrode holders
which are specifically designed for arc welding and cutting and are of a
capacity capable of safely handling the maximum rated current required
by the electrodes shall be used.
(2) Any current carrying parts passing through the portion of the
holder which the arc welder or cutter grips in his hand, and the outer
surfaces of the jaws of the holder, shall be fully insulated against the
maximum voltage encountered to ground.
(b) Welding cables and connectors. (1) All arc welding and cutting
cables shall be of the completely insulated, flexible type, capable of
handling the maximum current requirements of the work in progress,
taking into account the duty cycle under which the arc welder or cutter
is working.
(2) Only cable free from repair or splices for a minimum distance of
ten (10) feet from the cable end to which the electrode holder is
connected shall be used, except that cables with standard insulated
connectors or with
[[Page 53]]
splices whose insulating quality is equal to that of the cable are
permitted.
(3) When it becomes necessary to connect or splice lengths of cable
one to another, substantial insulated connectors of a capacity at least
equivalent to that of the cable shall be used. If connections are
effected by means of cable lugs, they shall be securely fastened
together to give good electrical contact, and the exposed metal parts of
the lugs shall be completely insulated.
(4) Cables in poor repair shall not be used. When a cable other than
the cable lead referred to in paragraph (b)(2) of this section becomes
worn to the extent of exposing bare conductors, the portion thus exposed
shall be protected by means of rubber and friction tapes or other
equivalent insulation.
(c) Ground returns and machine grounding. (1) A ground return cable
shall have a safe current carrying capacity equal to or exceeding the
specified maximum output capacity of the arc welding or cutting unit
which it services. When a single ground return cable services more than
one unit, its safe current carrying capacity shall equal or exceed the
total specified maximum output capacities of all the units which it
services.
(2) Structures or pipe lines, except pipe lines containing gases of
flammable liquids or conduits containing electrical circuits, may be
used as part of the ground return circuit, provided that the pipe or
structure has a current carrying capacity equal to that required by
paragraph (c)(1) of this section.
(3) When a structure or pipe line is employed as a ground return
circuit, it shall be determined that the required electrical contact
exists at all joints. The generation of an arc, sparks or heat at any
point shall cause rejection of the structure as a ground circuit.
(4) When a structure or pipe line is continuously employed as a
ground return circuit, all joints shall be bonded, and periodic
inspections shall be conducted to ensure that no condition of
electrolysis or fire hazard exists by virtue of such use.
(5) The frames of all arc welding and cutting machines shall be
grounded either through a third wire in the cable containing the circuit
conductor or through a separate wire which is grounded at the source of
the current. Grounding circuits, other than by means of the vessel's
structure, shall be checked to ensure that the circuit between the
ground and the grounded power conductor has resistance low enough to
permit sufficient current to flow to cause the fuse or circuit breaker
to interrupt the current.
(6) All ground connections shall be inspected to ensure that they
are mechanically strong and electrically adequate for the required
current.
(d) Operating instructions. Employers shall instruct employees in
the safe means of arc welding and cutting as follows:
(1) When electrode holders are to be left unattended, the electrodes
shall be removed and the holders shall be so placed or protected that
they cannot make electrical contact with employees or conducting
objects.
(2) Hot electrode holders shall not be dipped in water, since to do
so may expose the arc welder or cutter to electric shock.
(3) When the arc welder or cutter has occasion to leave his work or
to stop work for any appreciable length of time, or when the arc welding
or cutting machine is to be moved, the power supply switch to the
equipment shall be opened.
(4) Any faulty or defective equipment shall be reported to the
supervisor.
(e) Shielding. Whenever practicable, all arc welding and cutting
operations shall be shielded by noncombustible or flame-proof screens
which will protect employees and other persons working in the vicinity
from the direct rays of the arc.
Sec. 1915.57 Uses of fissionable material in ship repairing and
shipbuilding.
The provisions of this section apply to ship repairing and
shipbuilding only.
(a) In activities involving the use of and exposure to sources of
ionizing radiation not only on conventionally powered but also on
nuclear powered vessels, the applicable provisions of the Nuclear
Regulatory Commission's
[[Page 54]]
Standards for Protection Against Radiation (10 CFR part 20), relating to
protection against occupational radiation exposure, shall apply.
(b) Any activity which involves the use of radiocative material,
whether or not under license from the Nuclear Regulatory Commission,
shall be performed by competent persons specially trained in the proper
and safe operation of such equipment. In the case of materials used
under Commission license, only persons actually licensed, or competent
persons under direction and supervision of the licensee, shall perform
such work.
Subpart E_Scaffolds, Ladders and Other Working Surfaces
Sec. 1915.71 Scaffolds or staging.
(a) Scope and application. The provisions of this section shall
apply to all ship repairing, shipbuilding and shipbreaking operations
except that paragraphs (b)(8) through (b)(10) and paragraphs (c) through
(f) of this section shall only apply to ship repairing and shipbuilding
operations and shall not apply to shipbreaking.
(b) General requirements. (1) All scaffolds and their supports
whether of lumber, steel or other material, shall be capable of
supporting the load they are designed to carry with a safety factor of
not less than four (4).
(2) All lumber used in the construction of scaffolds shall be
spruce, fir, long leaf yellow pine, Oregon pine or wood of equal
strength. The use of hemlock, short leaf yellow pine, or short fiber
lumber is prohibited.
(3) Lumber dimensions as given in this subpart are nominal except
where given in fractions of an inch.
(4) All lumber used in the construction of scaffolds shall be sound,
straight-grained, free from cross grain, shakes and large, loose or dead
knots. It shall also be free from dry rot, large checks, worm holes or
other defects which impair its strength or durability.
(5) Scaffolds shall be maintained in a safe and secure condition.
Any component of the scaffold which is broken, burned or otherwise
defective shall be replaced.
(6) Barrels, boxes, cans, loose bricks, or other unstable objects
shall not be used as working platforms or for the support of planking
intended as scaffolds or working platforms.
(7) No scaffold shall be erected, moved, dismantled or altered
except under the supervision of competent persons.
(8) No welding, burning, riveting or open flame work shall be
performed on any staging suspended by means of fiber rope.
(9) Lifting bridles on working platforms suspended from cranes shall
consist of four legs so attached that the stability of the platform is
assured.
(10) Unless the crane hook has a safety latch or is moused, the
lifting bridles on working platforms suspended from cranes shall be
attached by shackles to the lower lifting block or other positive means
shall be taken to prevent them from becoming accidentally disengaged
from the crane hook.
(c) Independent pole wood scaffolds. (1) All pole uprights shall be
set plump. Poles shall rest on a foundation of sufficient size and
strength to distribute the loan and to prevent displacement.
(2) In light-duty scaffolds, not more than 24 feet in height, poles
may be spliced by overlapping the ends not less than 4 feet and securely
nailing them together. A substantial cleat shall be nailed to the lower
section to form a support for the upper section except when bolted
connections are used.
(3) All other poles to be spliced shall be squared at the ends of
each splice, abutted, and rigidly fastened together by not less than two
cleats securely nailed or bolted thereto. Each cleat shall overlap each
pole end by at least 24 inches and shall have a width equal to the face
of the pole to which it is attached. The combined cross sectional area
of the cleats shall be not less than the cross sectional area of the
pole.
(4) Ledgers shall extend over two consecutive pole spaces and shall
overlap the poles at each end by not less than 4 inches. They shall be
left in position to brace the poles as the platform is raised with the
progress of the work. Ledgers shall be level and shall be securely
nailed or bolted to each pole and shall be placed against the inside
face of each pole.
[[Page 55]]
(5) All bearers shall be set with their greater dimension vertical
and shall extend beyond the ledgers upon which they rest.
(6) Diagonal bracing shall be provided between the parallel poles,
and cross bracing shall be provided between the inner and outer poles or
from the outer poles to the ground.
(7) Minimum dimensions and spacing of members shall be in accordance
with Table E-1 in Sec. 1915.118.
(8) Platform planking shall be in accordance with the requirements
of paragraph (i) of this section.
(9) Backrails and toeboards shall be in accordance with the
requirements of paragraph (j) of this section.
(d) Independent pole metal scaffolds. (1) Metal scaffold members
shall be maintained in good repair and free of corrosion.
(2) All vertical and horizontal members shall be fastened together
with a coupler or locking device which will form a positive connection.
The locking device shall be of a type which has no loose parts.
(3) Posts shall be kept plumb during erection and the scaffold shall
be subsequently kept plumb and rigid by means of adequate bracing.
(4) Posts shall be fitted with bases supported on a firm foundation
to distribute the load. When wooden sills are used, the bases shall be
fastened thereto.
(5) Bearers shall be located at each set of posts, at each level,
and at each intermediate level where working platforms are installed.
(6) Tubular bracing shall be applied both lengthwise and crosswise
as required.
(7) Platform planking shall be in accordance with the requirements
of paragraph (h) of this section.
(8) Backrails and toeboards shall be in accordance with the
requirements of paragraph (j) of this section.
(e) Wood trestle and extension trestle ladders. (1) The use of
trestle ladders, or extension sections or base sections of extension
trestle ladders longer than 20 feet is prohibited. The total height of
base and extension may, however, be more than 20 feet.
(2) The minimum dimensions of the side rails of the trestle ladder,
or the base sections of the extension trestle ladder, shall be as
follows:
(i) Ladders up to and including those 16 feet long shall have side
rails of not less than 1\5/16\x2\3/4\ inch lumber.
(ii) Ladders over 16 feet long and up to and including those 20 feet
long shall have side rails of not less than 1\5/16\ x 3 inch lumber.
(3) The side rails of the extension section of the extension trestle
ladder shall be parallel and shall have minimum dimensions as follows:
(i) Ladders up to and including 12 feet long shall have side rails
of not less than 1\5/16\x2\1/4\ inch lumber.
(ii) Ladders over 12 feet long and up to and including those 16 feet
long shall have side rails of not less than 1\5/16\x2\1/2\ inch lumber.
(iii) Ladders over 16 feet long and up to and including those 20
feet long shall have side rails of not less than 1\5/16\x2\3/4\ inch
lumber.
(4) Trestle ladders and base sections of extension trestle ladders
shall be so spread that when in an open position the spread of the
trestle at the bottom, inside to inside, shall be not less than 5\1/2\
inches per foot of the length of the ladder.
(5) The width between the side rails at the bottom of the trestle
ladder or of the base section of the extension trestle ladder shall be
not less than 21 inches for all ladders and sections 6 feet or less in
length. For longer lengths of ladder, the width shall be increased at
least 1 inch for each additional foot of length. The width between the
side rails of the extension section of the trestle ladder shall be not
less than 12 inches.
(6) In order to limit spreading, the top ends of the side rails of
both the trestle ladder and of the base section of the extension trestle
ladder shall be beveled, or of equivalent construction, and shall be
provided with a metal hinge.
(7) A metal spreader or locking device to hold the front and back
sections in an open position, and to hold the extension section securely
in the elevated position, shall be a component of each trestle ladder or
extension ladder.
(8) Rungs shall be parallel and level. On the trestle ladder, or on
the base section of the extension trestle ladder,
[[Page 56]]
rungs shall be spaced not less than 8 inches nor more than 18 inches
apart; on the extension section of the extension trestle ladder, rungs
shall be spaced not less than 6 inches nor more than 12 inches apart.
(9) Platform planking shall be in accordance with the requirements
of paragraph (i) of this section, except that the width of the platform
planking shall not exceed the distance between the side rails.
(10) Backrails and toeboards shall be in accordance with the
requirements of paragraph (j) of this section.
(f) Painters' suspended scaffolds. (1) The supporting hooks of
swinging scaffolds shall be constructed to be equivalent in strength to
mild steel or wrought iron, shall be forged with care, shall be not less
than \7/8\ inch in diameter, and shall be secured to a safe anchorage at
all times.
(2) The ropes supporting a swinging scaffold shall be equivalent in
strength to first-grade \3/4\ inch diameter manila rope properly rigged
into a set of standard 6 inch blocks consisting of at least one double
and one single block.
(3) Manila and wire ropes shall be carefully examined before each
operation and thereafter as frequently as may be necessary to ensure
their safe condition.
(4) Each end of the scaffold platform shall be supported by a
wrought iron or mild steel stirrup or hanger, which in turn is supported
by the suspension ropes.
(5) Stirrups shall be constructed so as to be equivalent in strength
to wrought iron \3/4\ inch in diameter.
(6) The stirrups shall be formed with a horizontal bottom member to
support the platform, shall be provided with means to support the
guardrail and midrail and shall have a loop or eye at the top for
securing the supporting hook on the block.
(7) Two or more swinging scaffolds shall not at any time be combined
into one by bridging the distance between them with planks or any other
form of platform.
(8) No more than two persons shall be permitted to work at one time
on a swinging scaffold built to the minimum specifications contained in
this paragraph. Where heavier construction is used, the number of
persons permitted to work on the scaffold shall be determined by the
size and the safe working load of the scaffold.
(9) Backrails and toeboards shall be in accordance with the
requirements of paragraph (j) of this section.
(10) The swinging scaffold platform shall be one of the three types
described in paragraphs (f)(11), (12), and (13) of this section.
(11) The ladder-type platform consists of boards upon a horizontal
ladder-like structure, referred to herein as the ladder, the side rails
of which are parallel. If this type of platform is used the following
requirements shall be met.
(i) The width between the side rails shall be no more than 20
inches.
(ii) The side rails of ladders in ladder-type platforms shall be
equivalent in strength to a beam of clear straight-grained spruce of the
dimensions contained in Table E-2 in Sec. 1915.118.
(iii) The side rails shall be tied together with tie rods. The tie
rods shall be not less than \5/16\ inch in diameter, located no more
than 5 feet apart, pass through the rails, and be riveted up tight
against washers at both ends.
(iv) The rungs shall be of straight-grained oak, ash, or hickory,
not less than 1\1/8\ inches diameter, with \7/8\ inch tenons mortised
into the side rails not less than \7/8\ inch and shall be spaced no more
than 18 inches on centers.
(v) Flooring strips shall be spaced no more than \5/8\ inch apart
except at the side rails, where 1 inch spacing is permissible.
(vi) Flooring strips shall be cleated on their undersides.
(12) The plank-type platform consists of planks supported on the
stirrups or hangers. If this type of platform is used, the following
requirements shall be met:
(i) The planks of plank-type platforms shall be of not less than
2x10 inch lumber.
(ii) The platform shall be no more than 24 inches in width.
(iii) The planks shall be tied together by cleats of not less than
1x6 inch lumber, nailed on their undersides at intervals of not more
than 4 feet.
[[Page 57]]
(iv) The planks shall extend not less than 6 inches nor more than 18
inches beyond the supporting stirrups.
(v) A cleat shall be nailed across the platform on the underside at
each end outside the stirrup to prevent the platform from slipping off
the stirrup.
(vi) Stirrup supports shall be not more than 10 feet apart.
(13) The beam-type platform consists of longitudinal side stringers
with cross beams set on edge and spaced not more than 4 feet apart on
which longitudinal platform planks are laid. If this type platform is
used, the following requirements shall be met:
(i) The side stringers shall be of sound, straight-grained lumber,
free from knots, and of not less than 2x6 inch lumber, set on edge.
(ii) The stringers shall be supported on the stirrups with a clear
span between stirrups of not more than 16 feet.
(iii) The stringers shall be bolted to the stirrups by U-bolts
passing around the stirrups and bolted through the stringers with nuts
drawn up tight on the inside face.
(iv) The ends of the stringers shall extend beyond the stirrups not
less than 6 inches nor more than 12 inches at each end of the platform.
(v) The platform shall be supported on cross beams of 2x6 inch
lumber between the side stringers securely nailed thereto and spaced not
more than 4 feet on centers.
(vi) The platform shall be not more than 24 inches wide.
(vii) The platform shall be formed of boards \7/8\ inch in thickness
by not less than 6 inches in width, nailed tightly together, and
extending to the outside face of the stringers.
(viii) The ends of all platform boards shall rest on the top of the
cross beams, shall be securely nailed, and at no intermediate points in
the length of the platform shall there be any cantilever ends.
(g) Horse scaffolds. (1) The minimum dimensions of lumber used in
the construction of horses shall be in accordance with Table E-3 in
Sec. 1915.118.
(2) Horses constructed of materials other than lumber shall provide
the strength, rigidity and security required of horses constructed of
lumber.
(3) The lateral spread of the legs shall be equal to not less than
one-third of the height of the horse.
(4) All horses shall be kept in good repair, and shall be properly
secured when used in staging or in locations where they may be insecure.
(5) Platform planking shall be in accordance with the requirements
of paragraph (i) of this section.
(6) Backrails and toeboards shall be in accordance with paragraph
(j) of this section.
(h) Other types of scaffolds. (1) Scaffolds of a type for which
specifications are not contained in this section shall meet the general
requirements of paragraphs (b), (i), and (j) of this section, shall be
in accordance with recognized principles of design and shall be
constructed in accordance with accepted standards covering such
equipment.
(i) Scaffold or platform planking. (1) Except as otherwise provided
in paragraphs (f)(11) and (13) of this section, platform planking shall
be of not less than 2x10 inch lumber. Platform planking shall be
straight-grained and free from large or loose knots and may be either
rough or dressed.
(2) Platforms of staging shall be not less than two 10 inch planks
in width except in such cases as the structure of the vessel or the
width of the trestle ladders make it impossible to provide such a width.
(3) Platform planking shall project beyond the supporting members at
either end by at least 6 inches but in no case shall project more than
12 inches unless the planks are fastened to the supporting members.
(4) Table E-4 in Sec. 1915.118 shall be used as a guide in
determining safe loads for scaffold planks.
(j) Backrails and toeboards. (1) Scaffolding, staging, runways, or
working platforms which are supported or suspended more than 5 feet
above a solid surface, or at any distance above the water, shall be
provided with a railing which has a top rail whose upper surface is from
42 to 45 inches above the upper surface of the staging, platform, or
runway and a midrail located halfway between the upper rail and the
staging, platform, or runway.
(2) Rails shall be of 2x4 inch lumber, flat bar or pipe. When used
with rigid
[[Page 58]]
supports, taut wire or fiber rope of adequate strength may be used. If
the distance between supports is more than 8 feet, rails shall be
equivalent in strength to 2x4 inch lumber. Rails shall be firmly
secured. Where exposed to hot work or chemicals, fiber rope rails shall
not be used.
(3) Rails may be omitted where the structure of the vessel prevents
their use. When rails are omitted, employees working more than 5 feet
above solid surfaces shall be protected by safety belts and life lines
meeting the requirements of Sec. Sec. 1915.159 and 1915.160, and
employees working over water shall be protected by buoyant work vests
meeting the requirements of Sec. 1915.158(a).
(4) Employees working from swinging scaffolds which are triced out
of a vertical line below their supports or from scaffolds on paint
floats subject to surging, shall be protected against falling toward the
vessel by a railing or a safety belt and line attached to the backrail.
(5) When necessary, to prevent tools and materials from falling on
men below, toeboards of not less than 1x4 inch lumber shall be provided.
(k) Access to staging. (1) Access from below to staging more than 5
feet above a floor, deck or the ground shall consist of well secured
stairways, cleated ramps, fixed or portable ladders meeting the
applicable requirements of Sec. 1915.72 or rigid type non-collapsible
trestles with parallel and level rungs.
(2) Ramps and stairways shall be provided with 36-inch handrails
with midrails.
(3) Ladders shall be so located or other means shall be taken so
that it is not necessary for employees to step more than one foot from
the ladder to any intermediate landing or platform.
(4) Ladders forming integral parts of prefabricated staging are
deemed to meet the requirements of these regulations.
(5) Access from above to staging more than 3 feet below the point of
access shall consist of a straight, portable ladder meeting the
applicable requirements of Sec. 1915.72 or a Jacob's ladder properly
secured, meeting the requirements of Sec. 1915.74(d).
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
Sec. 1915.72 Ladders.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) General requirements. (1) The use of ladders with broken or
missing rungs or steps, broken or split side rails, or other faulty or
defective construction is prohibited. When ladders with such defects are
discovered, they shall be immediately withdrawn from service. Inspection
of metal ladders shall include checking for corrosion of interiors of
open end, hollow rungs.
(2) When sections of ladders are spliced, the ends shall be abutted,
and not fewer than 2 cleats shall be securely nailed or bolted to each
rail. The combined cross sectional area of the cleats shall be not less
than the cross sectional area of the side rail. The dimensions of side
rails for their total length shall be those specified in paragraph (b)
or (c) of this section.
(3) Portable ladders shall be lashed, blocked or otherwise secured
to prevent their being displaced. The side rails of ladders used for
access to any level shall extend not less than 36 inches above that
level. When this is not practical, grab rails which will provide a
secure grip for an employee moving to or from the point of access shall
be installed.
(4) Portable metal ladders shall be of strength equivalent to that
of wood ladders. Manufactured portable metal ladders provided by the
employer shall be in accordance with the provisions of ANSI Standard
A14.2-1972: Safety Requirements for Portable Metal Ladders (incorporated
by reference, see Sec. 1915.5).
(5) Portable metal ladders shall not be used near electrical
conductors nor for electric arc welding operations.
(6) Manufactured portable wood ladders provided by the employer
shall be in accordance with the provisions of ANSI Standard A14.1-1975:
Safety Requirements for Portable Wood Ladders (incorporated by
reference, see Sec. 1915.5).
(b) Construction of portable wood cleated ladders up to 30 feet in
length. (1) Wood side rails shall be made from West Coast hemlock,
Eastern spruce, Sitka spruce, or wood of equivalent strength. Material
shall be seasoned, straight-grained wood, and free from shakes, checks,
decay or other defects
[[Page 59]]
which will impair its strength. The use of low density woods is
prohibited.
(2) Side rails shall be dressed on all sides and kept free of
splinters.
(3) All knots shall be sound and hard. The use of material
containing loose knots is prohibited. Knots shall not appear on the
narrow face of the rail and, when in the side face, shall be not more
than \1/2\ inch in diameter or within \1/2\ inch of the edge of the rail
or nearer than 3 inches to a tread or rung.
(4) Pitch pockets not exceeding \1/8\ inch in width, 2 inches in
length and \1/2\ inch in depth are permissible in wood side rails,
provided that not more than one such pocket appears in each 4 feet of
length.
(5) The width between side rails at the base shall be not less than
11\1/2\ inches for ladders 10 feet or less in length. For longer ladders
this width shall be increased at least \1/4\ inch for each additional 2
feet in length.
(6) Side rails shall be at least 1\5/8\x3\5/8\ inches in cross
section.
(7) Cleats (meaning rungs rectangular in cross section with the wide
dimension parallel to the rails) shall be of the material used for side
rails, straight-grained and free from knots. Cleats shall be mortised
into the edges of the side rails \1/2\ inch, or filler blocks shall be
used on the rails between the cleats. The cleats shall be secured to
each rail with three 10d common wire nails or fastened with through
bolts or other fasteners of equivalent strength. Cleats shall be
uniformly spaced not more than 12 inches apart.
(8) Cleats 20 inches or less in length shall be at least 25/32x3
inches in cross section. Cleats over 20 inches but not more than 30
inches in length shall be at least 25/32x3\3/4\ inches in cross section.
(c) Construction of portable wood cleated ladders from 30 to 60 feet
in length. (1) Ladders from 30 to 60 feet in length shall be in
accordance with the specifications of paragraph (b) of this section with
the following exceptions:
(i) Rails shall be of not less than 2x6 inch lumber.
(ii) Cleats shall be of not less than 1x4 inch lumber.
(iii) Cleats shall be nailed to each rail with five 10d common wire
nails or fastened with through bolts or other fasteners of equivalent
strength.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
Sec. 1915.73 Guarding of deck openings and edges.
(a) The provisions of this section shall apply to ship repairing and
shipbuilding operations and shall not apply to shipbreaking.
(b) When employees are working in the vicinity of flush manholes and
other small openings of comparable size in the deck and other working
surfaces, such openings shall be suitably covered or guarded to a height
of not less than 30 inches, except where the use of such guards is made
impracticable by the work actually in progress.
(c) When employees are working around open hatches not protected by
coamings to a height of 24 inches or around other large openings, the
edge of the opening shall be guarded in the working area to height of 36
to 42 inches, except where the use of such guards is made impracticable
by the work actually in progress.
(d) When employees are exposed to unguarded edges of decks,
platforms, flats, and similar flat surfaces, more than 5 feet above a
solid surface, the edges shall be guarded by adequate guardrails meeting
the requirements of Sec. 1915.71(j) (1) and (2), unless the nature of
the work in progress or the physical conditions prohibit the use or
installation of such guardrails.
(e) When employees are working near the unguarded edges of decks of
vessels afloat, they shall be protected by personal flotation devices,
meeting the requirements of Sec. 1915.158(a).
(f) Sections of bilges from which floor plates or gratings have been
removed shall be guarded by guardrails except where they would interfere
with work in progress. If these open sections are in a walkway at least
two 10-inch planks placed side by side, or equivalent, shall be laid
across the opening to provide a safe walking surface.
(g) Gratings, walkways, and catwalks, from which sections or ladders
have been removed, shall be barricaded with adequate guardrails.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
[[Page 60]]
Sec. 1915.74 Access to vessels.
(a) Access to vessels afloat. The employer shall not permit
employees to board or leave any vessel, except a barge or river towboat,
until the following requirements have been met:
(1) Whenever practicable, a gangway of not less than 20 inches
walking surface of adequate strength, maintained in safe repair and
safely secured shall be used. If a gangway is not practicable, a
substantial straight ladder, extending at least 36 inches above the
upper landing surface and adequately secured against shifting or
slipping shall be provided. When conditions are such that neither a
gangway nor a straight ladder can be used, a Jacob's ladder meeting the
requirements of paragraphs (d) (1) and (2) of this section may be used.
(2) Each side of such gangway, and the turn table if used, shall
have a railing with a minimum height of approximately 33 inches measured
perpendicularly from rail to walking surface at the stanchion, with a
midrail. Rails shall be of wood, pipe, chain, wire or rope and shall be
kept taut at all times.
(3) Gangways on vessels inspected and certificated by the U.S. Coast
Guard are deemed to meet the foregoing requirements, except in cases
where the vessel's regular gangway is not being used.
(4) The gangway shall be kept properly trimmed at all times.
(5) When a fixed tread accommodations ladder is used, and the angle
is low enough to require employees to walk on the edge of the treads,
cleated duckboards shall be laid over and secured to the ladder.
(6) When the lower end of a gangway overhangs the water between the
ship and the dock in such a manner that there is danger of employees
falling between the ship and the dock, a net or other suitable
protection shall be rigged at the foot of the gangway in such a manner
as to prevent employees from falling from the end of the gangway.
(7) If the foot of the gangway is more than one foot away from the
edge of the apron, the space between them shall be bridged by a firm
walkway equipped with railings, with a minimum height of approximately
33 inches with midrails on both sides.
(8) Supporting bridles shall be kept clear so as to permit
unobstructed passage for employees using the gangway.
(9) When the upper end of the means of access rests on or flush with
the top of the bulwark, substantial steps properly secured and equipped
with at least one substantial handrail approximately 33 inches in height
shall be provided between the top of the bulwark and the deck.
(10) Obstructions shall not be laid on or across the gangway.
(11) The means of access shall be adequately illuminated for its
full length.
(12) Unless the construction of the vessel makes it impossible, the
means of access shall be so located that drafts of cargo do not pass
over it. In any event, loads shall not be passed over the means of
access while employees are on it.
(b) Access to vessels in drydock or between vessels. Gangways
meeting the requirements of paragraphs (a) (1), (2), (9), (10), (11) of
this section shall be provided for access from wingwall to vessel or,
when two or more vessels, other than barges or river towboats, are lying
abreast, from one vessel to another.
(c) Access to barges and river towboats. (1) Ramps for access of
vehicles to or between barges shall be of adequate strength, provided
with side boards, well maintained and properly secured.
(2) Unless employees can step safely to or from the wharf, float,
barge, or river towboat, either a ramp meeting the requirements of
paragraph (c)(1) of this section or a safe walkway meeting the
requirements of paragraph (a)(7) of this section shall be provided. When
a walkway is impracticable, a substantial straight ladder, extending at
least 36 inches above the upper landing surface and adequately secured
against shifting or slipping, shall be provided. When conditions are
such that neither a walkway nor a straight ladder can be used, a Jacob's
ladder in accordance with the requirements of paragraph (d) of this
section may be used.
(3) The means of access shall be in accordance with the requirements
of paragraphs (a) (9), (10), and (11) of this section.
[[Page 61]]
(d) Jacob's ladders. (1) Jacob's ladders shall be of the double rung
or flat tread type. They shall be well maintained and properly secured.
(2) A Jacob's ladder shall either hang without slack from its
lashings or be pulled up entirely.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
Sec. 1915.75 Access to and guarding of dry docks and marine railways.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) A gangway, ramp or permanent stairway of not less than 20 inches
walking surface, of adequate strength, maintained in safe repair and
securely fastened, shall be provided between a floating dry dock and the
pier or bulkhead.
(b) Each side of such gangway, ramp or permanent stairway, including
those which are used for access to wing walls from dry dock floors,
shall have a railing with a midrail. Such railings on gangways or ramps
shall be approximately 42 inches in height; and railings on permanent
stairways shall be not less than approximately 30 or more than
approximately 34 inches in height. Rails shall be of wood, pipe, chain,
wire, or rope, and shall be kept taut at all times.
(c) Railings meeting the requirements of paragraph (b) of this
section shall be provided on the means of access to and from the floors
of graving docks.
(d) Railings approximately 42 inches in height, with a midrail,
shall be provided on the edges of wing walls of floating dry docks and
on edges of graving docks. Sections of the railings may be temporarily
removed where necessary to permit line handling while a vessel is
entering or leaving the dock.
(e) When employees are working on the floor of a floating dry dock
where they are exposed to the hazard of falling into the water, the end
of the dry dock shall be equipped with portable stanchions and 42 inch
railings with a midrail. When such a railing would be impracticable or
ineffective, other effective means shall be provided to prevent
employees from falling into the water.
(f) Access to wing walls from floors of dry docks shall be by ramps,
permanent stairways or ladders meeting the applicable requirements of
Sec. 1915.72.
(g) Catwalks on stiles of marine railways shall be no less than 20
inches wide and shall have on at least one side a guardrail and midrail
meeting the requirements of Sec. 1915.71(j) (1) and (2).
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44542, July 3, 2002]
Sec. 1915.76 Access to cargo spaces and confined spaces.
The provisions of this section apply to ship repairing, shipbuilding
and shipbreaking except that paragraph (a)(4) of this section applies to
ship repairing only.
(a) Cargo spaces. (1) There shall be at least one safe and
accessible ladder in any cargo space which employees must enter.
(2) When any fixed ladder is visibly unsafe, the employer shall
prohibit its use by employees.
(3) Straight ladders of adequate strength and suitably secured
against shifting or slipping shall be provided as necessary when fixed
ladders in cargo spaces do not meet the requirements of paragraph (a)(1)
of this section. When conditions are such that a straight ladder cannot
be used, a Jacob's ladder meeting the requirements of Sec. 1915.74(d)
may be used.
(4) When cargo is stowed within 4 inches of the back of ladder
rungs, the ladder shall be deemed ``unsafe'' for the purpose of this
section.
(5) Fixed ladders or straight ladders provided for access to cargo
spaces shall not be used at the same time that cargo drafts, equipment,
materials, scrap or other loads are entering or leaving the hold. Before
using these ladders to enter or leave the hold, the employee shall be
required to inform the winchman or crane signalman of his intention.
(b) Confined spaces. (1) More than one means of access shall be
provided to a confined space in which employees are working and in which
the work may generate a hazardous atmosphere in the space except where
the structure or arrangement of the vessel makes this provision
impractical.
[[Page 62]]
(2) When the ventilation ducts required by these regulations must
pass through these means of access, the ducts shall be of such a type
and so arranged as to permit free passage of an employee through at
least two of these means of access.
Sec. 1915.77 Working surfaces.
(a) Paragraphs (b) through (d) of this section shall apply to ship
repairing and shipbuilding operations, and shall not apply to
shipbreaking. Paragraph (e) of this section shall apply to shipbuilding,
ship repairing and shipbreaking operations.
(b) When firebox floors present tripping hazards of exposed tubing
or of missing or removed refractory, sufficient planking to afford safe
footing shall be laid while work is being carried on within the boiler.
(c) When employees are working aloft, or elsewhere at elevations
more than 5 feet above a solid surface, either scaffolds or a sloping
ladder, meeting the requirements of this subpart, shall be used to
afford safe footing, or the employees shall be protected by safety belts
and lifelines meeting the requirements of Sec. Sec. 1915.159 and
1915.160. Employees visually restricted by blasting hoods, welding
helmets, and burning goggles shall work from scaffolds, not from
ladders, except for the initial and final welding or burning operation
to start or complete a job, such as the erection and dismantling of hung
scaffolding, or other similar, nonrepetitive jobs of brief duration.
(d) For work performed in restricted quarters, such as behind
boilers and in between congested machinery units and piping, work
platforms at least 20 inches wide meeting the requirements of Sec.
1915.71(i)(1) shall be used. Backrails may be omitted if bulkheading,
boilers, machinery units, or piping afford proper protection against
falling.
(e) When employees are boarding, leaving, or working from small
boats or floats, they shall be protected by personal flotation devices
meeting the requirements of Sec. 1915.158(a).
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
Subpart F_General Working Conditions
Sec. 1915.91 Housekeeping.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking except that paragraphs (c) and (e) of this
section do not apply to shipbreaking.
(a) Good housekeeping conditions shall be maintained at all times.
Adequate aisles and passageways shall be maintained in all work areas.
All staging platforms, ramps, stairways, walkways, aisles, and
passageways on vessels or dry docks shall be kept clear of all tools,
materials, and equipment except that which is in use, and all debris
such as welding rod tips, bolts, nuts, and similar material. Hose and
electric conductors shall be elevated over or placed under the walkway
or working surfaces or covered by adequate crossover planks.
(b) All working areas on or immediately surrounding vessels and dry
docks, graving docks, or marine railways shall be kept reasonably free
of debris, and construction material shall be so piled as not to present
a hazard to employees.
(c) Slippery conditions on walkways or working surfaces shall be
eliminated as they occur.
(d) Free access shall be maintained at all times to all exits and to
all fire-alarm boxes or fire-extinguishing equipment.
(e) All oils, paints thinners, solvents, waste, rags, or other
flammable substances shall be kept in fire resistant covered containers
when not in use.
Sec. 1915.92 Illumination.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) All means of access and walkways leading to working areas as
well as the working areas themselves shall be adequately illuminated.
(b) Temporary lights shall meet the following requirements:
(1) Temporary lights shall be equipped with guards to prevent
accidental contact with the bulb, except that guards are not required
when the construction of the reflector is such that the bulb is deeply
recessed.
[[Page 63]]
(2) Temporary lights shall be equipped with heavy duty electric
cords with connections and insulation maintained in safe condition.
Temporary lights shall not be suspended by their electric cords unless
cords and lights are designed for this means of suspension. Splices
which have insulation equal to that of the cable are permitted.
(3) Cords shall be kept clear of working spaces and walkways or
other locations in which they are readily exposed to damage.
(c) Exposed non-current-carrying metal parts of temporary lights
furnished by the employer shall be grounded either through a third wire
in the cable containing the circuit conductors or through a separate
wire which is grounded at the source of the current. Grounding shall be
in accordance with the requirements of Sec. 1915.132(b).
(d) Where temporary lighting from sources outside the vessel is the
only means of illumination, portable emergency lighting equipment shall
be available to provide illumination for safe movement of employees.
(e) Employees shall not be permitted to enter dark spaces without a
suitable portable light. The use of matches and open flame lights is
prohibited. In nongas free spaces, portable lights shall meet the
requirements of Sec. 1915.13(b)(9).
(f) Temporary lighting stringers or streamers shall be so arranged
as to avoid overloading of branch circuits. Each branch circuit shall be
equipped with overcurrent protection of capacity not exceeding the rated
current carrying capacity of the cord used.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
Sec. 1915.93 Utilities.
The provisions of this section shall apply to ship repairing,
shipbuilding, and shipbreaking except that paragraph (c) of this section
applies to ship repairing and shipbuilding only.
(a) Steam supply and hoses. (1) Prior to supplying a vessel with
steam from a source outside the vessel, the employer shall ascertain
from responsible vessel's representatives, having knowledge of the
condition of the plant, the safe working pressure of the vessel's steam
system. The employer shall install a pressure gauge and a relief valve
of proper size and capacity at the point where the temporary steam hose
joins the vessel's steam piping system or systems. The relief valve
shall be set and capable of relieving at a pressure not exceeding the
safe working pressure of the vessel's system in its present condition,
and there shall be no means of isolating the relief valve from the
system which it protects. The pressure gauge and relief valve shall be
located so as to be visible and readily accessible.
(2) Steam hose and fittings shall have a safety factor of not less
than five (5).
(3) When steam hose is hung in a bight or bights, the weight shall
be relieved by appropriate lines. The hose shall be protected against
chafing.
(4) Steam hose shall be protected from damage and hose and temporary
piping shall be so shielded where passing through normal work areas as
to prevent accidental contact by employees.
(b) Electric power. (1) When the vessel is supplied with electric
power from a source outside the vessel, the following precautions shall
be taken prior to energizing the vessel's circuits:
(i) If in dry dock, the vessel shall be adequately grounded.
(ii) The employer shall ascertain from responsible vessel's
representatives, having knowledge of the condition of the vessel's
electrical system, that all circuits to be energized are in a safe
condition.
(iii) All circuits to be energized shall be equipped with
overcurrent protection of capacity not exceeding the rated current
carrying capacity of the cord used.
(c) Infrared electrical heat lamps. (1) All infrared electrical heat
lamps shall be equipped with guards that surround the lamps with the
exception of the face, to minimize accidental contact with the lamps.
Sec. 1915.94 Work in confined or isolated spaces.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking. When any work is performed in a confined
space, except
[[Page 64]]
as provided in Sec. 1915.51(c)(3), or when an employee is working alone
in an isolated location, frequent checks shall be made to ensure the
safety of the employees.
Sec. 1915.95 Ship repairing and shipbuilding work on or in the vicinity of
radar and radio.
The provisions of this section shall apply to ship repairing and
shipbuilding.
(a) No employees other than radar or radio repairmen shall be
permitted to work on masts, king posts or other aloft areas unless the
radar and radio are secured or otherwise made incapable of radiation. In
either event, the radio and radar shall be appropriately tagged.
(b) Testing of radar or radio shall not be done until the employer
can schedule such tests at a time when no work is in progress aloft or
personnel can be cleared from the danger area according to minimum safe
distances established for and based on the type, model, and power of the
equipment.
[47 FR 16986, Apr. 20, 1982, as amended at 49 FR 18295, Apr. 30, 1984;
54 FR 24334, June 7, 1989]
Sec. 1915.96 Work in or on lifeboats.
The provisions of this section shall apply to ship repairing,
shipbuilding, and shipbreaking except that paragraph (b) of this section
applies to ship repairing and shipbuilding only.
(a) Before employees are permitted to work in or on a lifeboat,
either stowed or in a suspended position, the employer shall ensure that
the boat is secured independently of the releasing gear to prevent the
boat from falling due to accidental tripping of the releasing gear and
movement of the davits or capsizing of a boat in chocks.
(b) Employees shall not be permitted to remain in boats while the
boats are being hoisted into final stowed position.
(c) Employees shall not be permitted to work on the outboard side of
lifeboats stowed on their chocks unless the boats are secured by gripes
or otherwise secured to prevent them from swinging outboard.
Sec. 1915.97 Health and sanitation.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking, except where indicated otherwise.
(a) The employer shall provide all necessary controls, and the
employees shall be protected by suitable personal protective equipment
against the hazards identified in Sec. 1915.1200 of this part and those
hazards for which specific precautions are required in subparts B, C,
and D of this part.
(b) The employer shall provide adequate washing facilities for
employees engaged in the application of paints or coatings or in other
operations where contaminants can, by ingestion or absorption, be
detrimental to the health of the employees. The employer shall encourage
good personal hygiene practices by informing the employees of the need
for removing surface contaminants by thorough washing or hands and face
prior to eating or smoking.
(c) The employer shall not permit employees to eat or smoke in areas
undergoing surface preparation or preservation or where shipbreaking
operations produce atmospheric contaminants.
(d) The employer shall not permit employees engaged in ship repair
work on a vessel to work in the immediate vicinity of uncovered garbage
and shall ensure that employees working beneath or on the outboard side
of a vessel are not subject to contamination by drainage or waste from
overboard discharges.
(e) No minor under 18 years of age shall be employed in shipbreaking
or related employments.
[52 FR 31886, Aug. 24, 1987, as amended at 67 FR 44543, July 3, 2002]
Sec. 1915.98 First aid.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Unless a first aid room and a qualified attendant are close at
hand and prepared to render first aid to employees on behalf of the
employer, the employer shall furnish a first aid kit for each vessel on
which work is being performed, except that when work is being performed
on more than one
[[Page 65]]
small vessel at one pier, only one kit shall be required. The kit, when
required, shall be kept close to the vessel and at least one employee,
close at hand, shall be qualified to administer first aid to the
injured.
(b) The first aid kit shall consist of a weatherproof container with
individual sealed packages for each type of item. The contents of such
kit shall contain a sufficient quantity of at least the following types
of items:
Gauze roller bandages, 1 inch and 2 inch.
Gauze compress bandages, 4 inch.
Adhesive bandages, 1 inch.
Triangular bandage, 40 inch.
Ammonia inhalants and ampules.
Antiseptic applicators or swabs.
Burn dressing.
Eye dressing.
Wire or thin board splints.
Forceps and tourniquet.
(c) The contents of the first aid kit shall be checked before being
sent out on each job and at least weekly on each job to ensure that the
expended items are replaced.
(d) There shall be available for each vessel on which ten (10) or
more employees are working one Stokes basket stretcher, or equivalent,
permanently equipped with bridles for attaching to the hoisting gear,
except that no more than two strechers are required on each job
location. A blanket or other liner suitable for transferring the patient
to and from the stretcher shall be provided. Stretchers shall be kept
close to the vessels. This paragraph does not apply where ambulance
services which are available are known to carry such stretchers.
Sec. 1915.100 Retention of DOT markings, placards and labels.
(a) Any employer who receives a package of hazardous material which
is required to be marked, labeled or placarded in accordance with the U.
S. Department of Transportation's Hazardous Materials Regulations (49
CFR parts 171 through 180) shall retain those markings, labels and
placards on the package until the packaging is sufficiently cleaned of
residue and purged of vapors to remove any potential hazards.
(b) Any employer who receives a freight container, rail freight car,
motor vehicle, or transport vehicle that is required to be marked or
placarded in accordance with the Hazardous Materials Regulations shall
retain those markings and placards on the freight container, rail
freight car, motor vehicle or transport vehicle until the hazardous
materials which require the marking or placarding are sufficiently
removed to prevent any potential hazards.
(c) Markings, placards and labels shall be maintained in a manner
that ensures that they are readily visible.
(d) For non-bulk packages which will not be reshipped, the
provisions of this section are met if a label or other acceptable
marking is affixed in accordance with the Hazard Communication Standard
(29 CFR 1910.1200).
(e) For the purposes of this section, the term ``hazardous
material'' and any other terms not defined in this section have the same
definition as in the Hazardous Materials Regulations (49 CFR parts 171
through 180).
[59 FR 36700, July 19, 1994]
Subpart G_Gear and Equipment for Rigging and Materials Handling
Sec. 1915.111 Inspection.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) All gear and equipment provided by the employer for rigging and
materials handling shall be inspected before each shift and when
necessary, at intervals during its use to ensure that it is safe.
Defective gear shall be removed and repaired or replaced before further
use.
(b) The safe working load of gear as specified in Sec. Sec.
1915.112 and 1915.113 shall not be exceeded.
Sec. 1915.112 Ropes, chains and slings.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Manila rope and manila rope slings. (1) Table G-1 in Sec.
1915.118 shall be used to determine the safe working load of various
sizes of manila rope and manila rope slings at various angles, except
[[Page 66]]
that higher safe working loads are permissible when recommended by the
manufacturer for specific, identifiable products, provided that a safety
factor of not less than five (5) is maintained.
(b) Wire rope and wire rope slings. (1) Tables G-2 through G-5 in
Sec. 1915.118 shall be used to determine the safe working loads of
various sizes and classifications of improved plow steel wire rope and
wire rope slings with various types of terminals. For sizes,
classifications and grades not included in these tables, the safe
working load recommended by the manufacturer for specific, identifiable
products shall be followed, provided that a safety factor of not less
than five (5) is maintained.
(2) Protruding ends of strands in splices on slings and bridles
shall be covered or blunted.
(3) Where U-bolt wire rope clips are used to form eyes, Table G-6 in
Sec. 1915.118 shall be used to determine the number and spacing of
clips. The U-bolt shall be applied so that the ``U'' section is in
contact with the dead end of the rope.
(4) Wire rope shall not be secured by knots.
(c) Chains and chain slings. (1) Tables G-7 and G-8 in Sec.
1915.118 shall be used to determine the working load limit of various
sizes of wrought iron and alloy steel chains and chain slings, except
that higher safe working loads are permissible when recommended by the
manufacturer for specific, identifiable products.
(2) All sling chains, including end fastenings, shall be given a
visual inspection before being used on the job. A thorough inspection of
all chains in use shall be made every 3 months. Each chain shall bear an
indication of the month in which it was thoroughly inspected. The
thorough inspection shall include inspection for wear, defective welds,
deformation and increase in length or stretch.
(3) Interlink wear, not accompanied by stretch in excess of 5
percent, shall be noted and the chain removed from service when maximum
allowable wear at any point of link, as indicated in Table G-9 in Sec.
1915.118, has been reached.
(4) Chain slings shall be removed from service when, due to stretch,
the increase in length of a measured section exceeds five (5) percent;
when a link is bent, twisted or otherwise damaged; or when raised scarfs
or defective welds appear.
(5) All repairs to chains shall be made under qualified supervision.
Links or portions of the chain found to be defective as described in
paragraph (c)(4) of this section shall be replaced by links having
proper dimensions and made of material similar to that of the chain.
Before repaired chains are returned to service, they shall be proof
tested to the proof test load recommended by the manufacturer.
(6) Wrought iron chains in constant use shall be annealed or
normalized at intervals not exceeding six months when recommended by the
manufacturer. The chain manufacturer shall be consulted for recommended
procedures for annealing or normalizing. Alloy chains shall never be
annealed.
(7) A load shall not be lifted with a chain having a kink or knot in
it. A chain shall not be shortened by bolting, wiring or knotting.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
Sec. 1915.113 Shackles and hooks.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Shackles. (1) Table G-10 in Sec. 1915.118 shall be used to
determine the safe working loads of various sizes of shackles, except
that higher safe working loads are permissible when recommended by the
manufacturer for specific, identifiable products, provided that a safety
factor of not less than (5) is maintained.
(b) Hooks. (1) The manufacturer's recommendations shall be followed
in determining the safe working loads of the various sizes and types of
specific and identifiable hooks. All hooks for which no applicable
manufacturer's recommendations are available shall be tested to twice
the intended safe working load before they are initially put into use.
The employer shall maintain and keep readily available a certification
record which includes the date of such tests, the signature of the
person who performed the test and an
[[Page 67]]
identifier for the hook which was tested.
(2) Loads shall be applied to the throat of the hook since loading
the point overstresses and bends or springs the hook.
(3) Hooks shall be inspected periodically to see that they have not
been bent by overloading. Bent or sprung hooks shall not be used.
[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986]
Sec. 1915.114 Chain falls and pull-lifts.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Chain falls and pull-lifts shall be clearly marked to show the
capacity and the capacity shall not be exceeded.
(b) Chain falls shall be regularly inspected to ensure that they are
safe, particular attention being given to the lift chain, pinion,
sheaves and hooks for distortion and wear. Pull-lifts shall be regularly
inspected to ensure that they are safe, particular attention being given
to the ratchet, pawl, chain and hooks for distortion and wear.
(c) Straps, shackles, and the beam or overhead structure to which a
chain fall or pull-lift is secured shall be of adequate strength to
support the weight of load plus gear. The upper hook shall be moused or
otherwise secured against coming free of its support.
(d) Scaffolding shall not be used as a point of attachment for
lifting devices such as tackles, chain falls, and pull-lifts unless the
scaffolding is specifically designed for that purpose.
Sec. 1915.115 Hoisting and hauling equipment.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Derrick and crane certification. (1) Derricks and cranes which
are part of, or regularly placed aboard barges, other vessels, or on
wingwalls of floating drydocks, and are used to transfer materials or
equipment from or to a vessel or drydock, shall be tested and
certificated in accordance with the standards provided in part 1919 of
this title by persons accredited for the purpose.
(b) The moving parts of hoisting and hauling equipment shall be
guarded.
(c) Mobile crawler or truck cranes used on a vessel. (1) The maximum
manufacturer's rated safe working loads for the various working radii of
the boom and the maximum and minimum radii at which the boom may be
safely used with and without outriggers shall be conspicuously posted
near the controls and shall be visible to the operator. A radius
indicator shall be provided.
(2) The posted safe working loads of mobile crawler or truck cranes
under the conditions of use shall not be exceeded.
(d) Accessible areas within the swing radius of the outermost part
of the body of a revolving derrick or crane, whether permanently or
temporarily mounted, shall be guarded in such a manner as to prevent an
employee from being in such a position as to be struck by the crane or
caught between the crane and fixed parts of the vessel or of the crane
itself.
(e) Marine railways. (1) The cradle or carriage on the marine
railway shall be positively blocked or secured when in the hauled
position to prevent it from being accidentally released.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
Sec. 1915.116 Use of gear.
(a) The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking except that paragraphs (c) and (d) of this
section shall apply to ship repairing and shipbuilding only.
(b) Loads shall be safely rigged before being hoisted.
(c) Plates shall be handled on and off hulls by means of shackles
whenever possible. Clips or pads of ample size shall be welded to the
plate to receive the shackle pins when there are no holes in the plate.
When it is not possible to make holes in or to weld pads to the plate,
alligator tongs, grab clamps or screw clamps may be used. In such cases
special precautions shall be taken to keep employees from under such
lifts.
(d) Tag lines shall be provided on loads likely to swing or to need
guidance.
[[Page 68]]
(e) When slings are secured to eye-bolts, the slings shall be so
arranged, using spreaders if necessary, that the pull is within 20
degrees of the axis of the bolt.
(f) Slings shall be padded by means of wood blocks or other suitable
material where they pass over sharpe edges or corners of loads so as to
prevent cutting or kinking.
(g) Skips shall be rigged to be handled by not less than 3 legged
bridles, and all legs shall always be used. When open end skips are
used, means shall be taken to prevent the contents from falling.
(h) Loose ends of idle legs of slings in use shall be hung on the
hook.
(i) Employees shall not be permitted to ride the hook or the load.
(j) Loads (tools, equipment or other materials) shall not be swung
or suspended over the heads of employees.
(k) Pieces of equipment or structure susceptible to falling or
dislodgement shall be secured or removed as early as possible.
(l) An individual who is familiar with the signal code in use shall
be assigned to act as a signalman when the hoist operator cannot see the
load being handled. Communications shall be made by means of clear and
distinct visual or auditory signals except that verbal signals shall not
be permitted.
(m) Pallets, when used, shall be of such material and contruction
and so maintained as to safely support and carry the loads being handled
on them.
(n) A section of hatch through which materials or equipment are
being raised, lowered, moved, or otherwise shifted manually or by a
crane, winch, hoist, or derrick, shall be completely opened. The beam or
pontoon left in place adjacent to an opening shall be sufficiently
lashed, locked or otherwise secured to prevent it from moving so that it
cannot be displaced by accident.
(o) Hatches shall not be open or closed while employees are in the
square of the hatch below.
(p) Before loads or empty lifting gear are raised, lowered, or
swung, clear and sufficient advance warning shall be given to employees
in the vincinity of such operations.
(q) At no time shall an employee be permitted to place himself in a
hazardous position between a swinging load and a fixed object.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
Sec. 1915.117 Qualifications of operators.
Paragraphs (a) and (d) of this section shall apply to ship repairing
and shipbuilding only. Paragraphs (b) and (c) of this section shall
apply to ship repairing, shipbuilding and shipbreaking.
(a) When ship's gear is used to hoist materials aboard, a competent
person shall determine that the gear is properly rigged, that it is in
safe condition, and that it will not be overloaded by the size and
weight of the lift.
(b) Only those employees who understand the signs, notices, and
operating instructions, and are familiar with the signal code in use,
shall be permitted to operate a crane, winch, or other power operated
hoisting apparatus.
(c) No employee known to have defective uncorrected eyesight or
hearing, or to be suffering from heart disease, epilepsy, or similar
ailments which may suddenly incapacitate him, shall be permitted to
operate a crane, winch or other power operated hoisting apparatus.
(d) No minor under eighteen (18) years of age shall be employed in
occupations involving the operation of any power-driven hoisting
apparatus or assisting in such operations by work such as hooking on,
loading slings, rigging gear, etc.
Sec. 1915.118 Tables.
The provisions of this section apply to ship repairing, shipbuilding
and shipbreaking.
Table E-1--Dimensions and Spacing of Wood Independent-Pole Scaffold Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
Light duty (Up to 25 pounds per square foot)-- Heavy duty (25 to 75 pounds per square foot)--
Height in feet Height in feet
Structural members -------------------------------------------------------------------------------------------------------
<=24 24<=40 40<=60 <=24 24<=40 40<=60
--------------------------------------------------------------------------------------------------------------------------------------------------------
Poles or uprights (in inches)................... 2 x 4 3 x 4 or 2 x 6 4 x 4 3 x 4 4 x 4 4 x 6
Bearers (in inches)............................. 2 x 6 2 x 6 2 x 6 2 x 8 2 x 8 2 x 10
[[Page 69]]
Ledgers (in inches)............................. 2 x 6 2 x 6 2 x 6 2 x 8 2 x 8 2 x 8
Stringers (not supporting bearers) (in inches).. 1 x 6 1 x 6 1 x 6 1 x 6 1 x 6 1 x 6
Braces (in inches).............................. 1 x 4 1 x 6 1 x 6 1 x 6 1 x 6 1 x 6
Pole spacing--longitudinally (in feet).......... 7\1/2\ 7\1/2\ 7\1/2\ 7 7 7
Pole spacing--transversely (in feet)............ 6\1/2\ min 7\1/2\ min 8\1/2\ min 6\1/2\ 10 10
Ledger spacing--vertically (in feet)............ 7 7 7 4\1/2\ 4\1/2\ 4\1/2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table E-2--Specifications for Side Rails of Ladders
------------------------------------------------------------------------
Cross section (in inches)
Length (in feet) ---------------------------
At ends At center
------------------------------------------------------------------------
15.......................................... 1\7/8\ x 2\3/ 1\7/8\ x 3\3/
4\ 4\
16.......................................... 1\7/8\ x 2\3/ 1\7/8\ x 3\3/
4\ 4\
18.......................................... 1\7/8\ x 3 1\7/8\ x 4
20.......................................... 1\7/8\ x 3 1\7/8\ x 4
24.......................................... 1\7/8\ x 3 1\7/8\ x 4\1/
2\
------------------------------------------------------------------------
Table E-3--Specifications for the Construction of Horses
------------------------------------------------------------------------
Height in feet
Structural members ------------------------------------------
<=10 10<=16 16<=20
------------------------------------------------------------------------
inches inches inches
Legs......................... 2 x 4 3 x 4 4 x 6
Bearers or headers........... 2 x 6 2 x 8 4 x 6
Crossbraces.................. 2 x 4 2 x 4 2 x 6
or
1 x 8
Longitudinal braces.......... 2 x 4 2 x 6 2 x 6
------------------------------------------------------------------------
Table E-4--Safe Center Loads for Scaffold Plank of 1,100 Pounds Fibre Stress
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lumber dimensions in inches
Span in feet --------------------------------------------------------------------------------------------------------
A B A B A B A B A B
--------------------------------------------------------------------------------------------------------------------------------------------------------
2 x 10 1\5/8\ x 2 x 12 1\5/8\ x 3 x 8 2\5/8\ x 3 x 10 2\5/8\ x 3 x 12 2\5/8\ x
9\1/2\ 11\1/2\ 7\1/2\ 9\1/2\ 11\1/2\
--------------------------------------------------------------------------------------------------------
6.............................................. 256 .......... 309 .......... 526 .......... 667 .......... 807
8.............................................. 192 .......... 232 .......... 395 .......... 500 .......... 605
10............................................. 153 .......... 186 .......... 316 .......... 400 .......... 484
12............................................. 128 .......... 155 .......... 263 .......... 333 .......... 404
14............................................. 110 .......... 133 .......... 225 .......... 286 .......... 346
16............................................. ....... .......... 116 .......... 197 .......... 250 .......... 303
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Rough lumber.
(B)--Dressed lumber.
Table G-1--Manila Rope
[In pounds or tons of 2,000 pounds]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diameter in
Circumferences inches Single leg 60[deg] bridle 45[deg] bridle 30[deg] bridle
--------------------------------------------------------------------------------------------------------------------------------------------------------
............... lbs. lbs. lbs. lbs.
\3/4\.............................................................. \1/4\ 120 204 170 120
1.................................................................. \5/16\ 200 346 282 200
1\1/8\............................................................. \3/8\ 270 467 380 270
1\1/4\............................................................. \7/16\ 350 605 493 350
1\3/8\............................................................. \15/32\ 450 775 635 450
[[Page 70]]
1\1/2\............................................................. \1/2\ 530 915 798 530
1\3/4\............................................................. \9/16\ 690 1190 973 690
2.................................................................. \5/8\ 880 1520 1240 880
2\1/4\............................................................. \3/4\ 1080 1870 1520 1080
2\1/2\............................................................. \13/16\ 1300 2250 1830 1300
2\3/4\............................................................. \7/8\ 1540 2660 2170 1540
3.................................................................. 1 1800 3120 2540 1800
............... Tons Tons Tons Tons
3\1/4\............................................................. 1\1/16\ 1.0 1.7 1.4 1.0
3\1/2\............................................................. 1\1/8\ 1.2 2.1 1.7 1.2
3\3/4\............................................................. 1\1/4\ 1.35 2.3 1.9 1.35
4.................................................................. 1\5/16\ 1.5 2.6 2.1 1.5
4\1/2\............................................................. 1\1/2\ 1.8 3.1 2.5 1.8
5.................................................................. 1\5/8\ 2.25 3.9 3.2 2.25
5\1/2\............................................................. 1\3/4\ 2.6 4.5 3.7 2.6
6.................................................................. 2 3.1 5.4 4.4 3.1
6\1/2\............................................................. 2\1/8\ 3.6 6.2 5.1 3.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table G-2--Rated Capacities for Improved Plow Steel, Independent Wire Rope Core, Wire Rope and Wire Rope Slings
[In tons of 2,000 pounds]
----------------------------------------------------------------------------------------------------------------
Single leg
-----------------------------------------------------------------------------------
Rope diameter Vertical Choker
-----------------------------------------------------------------------------------
A B C A B C
----------------------------------------------------------------------------------------------------------------
6x19 Classification
----------------------------------------------------------------------------------------------------------------
\1/4\............ .59 .56 .53 .44 .42 .40
\3/8\............ 1.3 1.2 1.1 .98 .93 .86
\1/2\............ 2.3 2.2 2.0 1.7 1.6 1.5
\5/8\............ 3.6 3.4 3.0 2.7 2.5 2.2
\3/4\............ 5.1 4.9 4.2 3.8 3.6 3.1
\7/8\............ 6.9 6.6 5.5 5.2 4.9 4.1
1................ 9.0 8.5 7.2 6.7 6.4 5.4
1\1/8\........... 11 10 9.0 8.5 7.8 6.8
----------------------------------------------------------------------------------------------------------------
6x37 Classification
----------------------------------------------------------------------------------------------------------------
1\1/4\........... 13 12 10 9.9 9.2 7.9
1\3/8\........... 16 15 13 12 11 9.6
1\1/2\........... 19 17 15 14 13 11
1\3/4\........... 26 24 20 19 18 15
2................ 33 30 26 25 23 20
2\1/4\........... 41 38 33 31 29 25
----------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.
(B)--Mechanical Sleeve attachment.
(C)--Hand Tucked Splice attachment.
Table G-3--Rated Capacities for Improved Plow Steel, Independent Wire Rope Core, Wire Rope Slings
[in tons of 2,000 pounds]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-leg bridle or basket hitch
---------------------------------------------------------------------------------------------------------------------------------------------------------
Vertical 60[deg] bridle 45[deg] bridle 30[deg] bridle
Rope diameter -----------------------------------------------------------------------------------------------------------
A B C A B C A B C A B C
--------------------------------------------------------------------------------------------------------------------------------------------------------
6x19 Classification
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\............................ 1.2 1.1 1.0 1.0 .97 .92 .83 .79 .75 .59 .56 .53
\3/8\............................ 2.6 2.5 2.3 2.3 2.1 2.0 1.8 1.8 1.6 1.3 1.2 1.1
\1/2\............................ 4.6 4.4 3.9 4.0 3.8 3.4 3.2 3.1 2.8 2.3 2.2 2.0
\5/8\............................ 7.2 6.8 6.0 6.2 5.9 5.2 5.1 4.8 4.2 3.6 3.4 3.0
\3/4\............................ 10 9.7 8.4 8.9 8.4 7.3 7.2 6.9 5.9 5.1 4.9 4.2
[[Page 71]]
\7/8\............................ 14 13 11 12 11 9.6 9.8 9.3 7.8 6.9 6.6 5.5
1................................ 18 17 14 15 15 12 13 12 10 9.0 8.5 7.2
1\1/8\........................... 23 21 18 19 18 16 16 15 13 11 10 9.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
6x37 Classification
--------------------------------------------------------------------------------------------------------------------------------------------------------
1\1/4\........................... 26 24 21 23 21 18 19 17 15 13 12 10
1\3/8\........................... 32 29 25 28 25 22 22 21 18 16 15 13
1\1/2\........................... 38 35 30 33 30 26 27 25 21 19 17 15
1\3/4\........................... 51 47 41 44 41 35 36 33 29 26 24 20
2................................ 66 61 53 57 53 46 47 43 37 33 30 26
2\1/4\........................... 83 76 66 72 66 57 58 54 47 41 38 33
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal Attachment.
(B)--Mechanical Sleeve Attachment.
(C)--Hand Tucked Splice Attachment.
Table G-4--Rated Capacities for Improved Plow Steel, Fiber Core, Wire Rope and Wire Rope Slings
[in tons of 2,000 pounds]
----------------------------------------------------------------------------------------------------------------
Single leg
-----------------------------------------------------------------------------------
Rope diameter Vertical Choker
-----------------------------------------------------------------------------------
A B C A B C
----------------------------------------------------------------------------------------------------------------
6x19 Classification
----------------------------------------------------------------------------------------------------------------
\1/4\............ .55 .51 .49 .41 .38 .37
\3/8\............ 1.2 1.1 1.1 .91 .85 .80
\1/2\............ 2.1 2.0 1.8 1.6 1.5 1.4
\5/8\............ 3.3 3.1 2.8 2.5 2.3 2.1
\3/4\............ 4.8 4.4 3.9 3.6 3.3 2.9
\7/8\............ 6.4 5.9 5.1 4.8 4.5 3.9
1................ 8.4 7.7 6.7 6.3 5.8 5.0
1\1/8\........... 10 9.5 8.4 7.9 7.1 6.3
----------------------------------------------------------------------------------------------------------------
6x37 Classification
----------------------------------------------------------------------------------------------------------------
1\1/4\........... 12 11 9.8 9.2 8.3 7.4
1\3/8\........... 15 13 12 11 10 8.9
1\1/2\........... 17 16 14 13 12 10
1\3/4\........... 24 21 19 18 16 14
2................ 31 28 25 23 21 18
----------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.
(B)--Mechanical Sleeve attachment.
(C)--Hand Tucked Splice attachment.
Table G-5--Rated Capacities for Improved Plow Steel, Fiber Core, Wire Rope Slings
[In tons of 2,000 pounds]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Two-leg bridle or basket hitch
---------------------------------------------------------------------------------------------------------------------------------------------------------
Vertical 60[deg] bridle 45[deg] bridle 30[deg] bridle
Rope diameter -----------------------------------------------------------------------------------------------
A B C A B C A B C A B C
--------------------------------------------------------------------------------------------------------------------------------------------------------
6 x 19 Classification
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\........................................ 1.1 1.0 .99 .95 .88 .85 .77 .72 .70 .55 .51 .49
\3/8\........................................ 2.4 2.2 2.1 2.1 1.9 1.8 1.7 1.6 1.5 1.2 1.1 1.1
\1/2\........................................ 4.3 3.9 3.7 3.7 3.4 3.2 3.0 2.8 2.6 2.1 2.0 1.8
\5/8\........................................ 6.7 6.2 5.6 5.8 5.3 4.8 4.7 4.4 4.0 3.3 3.1 2.8
\3/4\........................................ 9.5 8.8 7.8 8.2 7.6 6.8 6.7 6.2 5.5 4.8 4.4 3.9
\7/8\........................................ 13 12 10 11 10 8.9 9.1 8.4 7.3 6.4 5.9 5.1
1............................................ 17 15 13 14 13 11 12 11 9.4 8.4 7.7 6.7
[[Page 72]]
1\1/8\....................................... 21 19 17 18 16 14 15 13 12 10 9.5 8.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
6 x 37 Classification
--------------------------------------------------------------------------------------------------------------------------------------------------------
1\1/4\....................................... 25 22 20 21 19 17 17 16 14 12 11 9.8
1\3/8\....................................... 30 27 24 26 23 20 21 19 17 15 13 12
1\1/2\....................................... 35 32 28 30 27 24 25 22 20 17 16 14
1\3/4\....................................... 48 43 38 41 37 33 34 30 27 24 21 19
2............................................ 62 55 49 53 48 43 43 39 35 31 28 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A)--Socket or Swaged Terminal attachment.
(B)--Mechanical Sleeve attachment.
(C)--Hand Tucked Splice attachment.
Table G-6--Number and Spacing of U-Bolt Wire Rope Clips
------------------------------------------------------------------------
Number of clips
-------------------- Minimum
Improved plow steel, rope diameter, inches Drop Other spacing,
forged material inches
------------------------------------------------------------------------
(\1\)..................................... ........ ........ ........
\1/2\..................................... 3 4 3
\5/8\..................................... 3 4 3\3/4\
\3/4\..................................... 4 5 4\1/2\
\7/8\..................................... 4 5 5\1/4\
1......................................... 4 6 6
1\1/8\.................................... 5 6 6\3/4\
1\1/4\.................................... 5 7 7\1/2\
1\3/8\.................................... 6 7 8\1/4\
1\1/2\.................................... 6 8 9
------------------------------------------------------------------------
\1\ Three clips shall be used on wire size less than \1/2\-inch
diameter.
Table G-7--Wrought Iron Chain
[In pounds or tons of 2,000 pounds]
------------------------------------------------------------------------
Single 60[deg] 45[deg] 30[deg]
Nominal size chains stock leg bridle bridle bridle
------------------------------------------------------------------------
\1/4\ \1\................. 1060 1835 1500 1060
\5/16\ \1\................ 1655 2865 2340 1655
\3/8\ \1\................. 2385 2.1 3370 2385
\7/16\ \1\................ 3250 2.8 2.3 3250
\1/2\..................... 2.1 3.7 3.0 2.1
\9/16\ \1\................ 2.7 4.6 3.8 2.7
\5/8\..................... 3.3 5.7 4.7 3.3
\3/4\..................... 4.8 8.3 6.7 4.8
\7/8\..................... 6.5 11.2 9.2 6.5
1......................... 8.5 14.7 12.0 8.5
1\1/8\.................... 10.0 17.3 14.2 10.0
1\1/4\.................... 12.4 21.4 17.5 12.4
1\3/8\.................... 15.0 25.9 21.1 15.0
1\1/2\.................... 17.8 30.8 25.2 17.8
1\5/8\.................... 20.9 36.2 29.5 20.9
1\3/4\.................... 24.2 42.0 34.3 24.2
1\7/8\.................... 27.6 47.9 39.1 27.6
2......................... 31.6 54.8 44.8 31.6
------------------------------------------------------------------------
\1\ These sizes of wrought iron chain are no longer manufactured in the
United States.
Table G-8--Alloy Steel Chain
(In tons of 2,000 pounds)
------------------------------------------------------------------------
Single 60[deg] 45[deg] 30[deg]
Nominal size chain stock leg bridle bridle bridle
------------------------------------------------------------------------
\1/4\..................... 1.62 2.82 2.27 1.62
\3/8\..................... 3.30 5.70 4.65 3.30
\1/2\..................... 5.62 9.75 7.90 5.62
\5/8\..................... 8.25 14.25 11.65 8.25
\3/4\..................... 11.5 19.9 16.2 11.5
\7/8\..................... 14.3 24.9 20.3 14.3
1......................... 19.3 33.5 27.3 19.8
1\1/8\.................... 22.2 38.5 31.5 22.2
1\1/4\.................... 28.7 49.7 40.5 28.7
1\3/8\.................... 33.5 58.0 47.0 33.5
1\1/2\.................... 39.7 68.5 56.0 39.7
1\5/8\.................... 42.5 73.5 59.5 42.5
1\3/4\.................... 47.0 81.5 62.0 47.0
------------------------------------------------------------------------
Table G-9--Maximum Allowable Wear at Any Point of Link
------------------------------------------------------------------------
Maximum
allowable
Chain size in inches wear in
fraction
of inches
------------------------------------------------------------------------
\1/4\(\9/32\)................................................ \3/64\
\3/8\........................................................ \5/64\
\1/2\........................................................ \7/64\
\5/8\........................................................ \9/64\
\3/4\........................................................ \5/32\
\7/8\........................................................ \11/64\
1............................................................ \3/16\
1\1/8\....................................................... \7/32\
1\1/4\....................................................... \1/4\
1\3/8\....................................................... \9/32\
1\1/2\....................................................... \5/16\
1\3/4\....................................................... \11/32\
------------------------------------------------------------------------
[[Page 73]]
Table G-10--Safe Working Loads for Shackles
[In tons of 2,000 pounds]
------------------------------------------------------------------------
Pin Safe
Material size (inches) diameter working
(inches) load
------------------------------------------------------------------------
\1/2\............................................... \5/8\ 1.4
\5/8\............................................... \3/4\ 2.2
\3/4\............................................... \7/8\ 3.2
\7/8\............................................... 1 4.3
1................................................... 1\1/8\ 5.6
1\1/8\.............................................. 1\1/4\ 6.7
1\1/4\.............................................. 1\3/8\ 8.2
1\3/8\.............................................. 1\1/2\ 10.0
1\1/2\.............................................. 1\5/8\ 11.9
1\3/4\.............................................. 2 16.2
2................................................... 2\1/4\ 21.2
------------------------------------------------------------------------
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67
FR 44543, July 3, 2002]
Sec. 1915.120 Powered industrial truck operator training.
Note: The requirements applicable to shipyard employment under this
section are identical to those set forth at Sec. 1910.178(l) of this
chapter.
[63 FR 66274, Dec. 1, 1998]
Subpart H_Tools and Related Equipment
Sec. 1915.131 General precautions.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Hand lines, slings, tackles of adequate strength, or carriers
such as tool bags with shoulder straps shall be provided and used to
handle tools, materials, and equipment so that employees will have their
hands free when using ship's ladders and access ladders. The use of hose
or electric cords for this purpose is prohibited.
(b) When air tools of the reciprocating type are not in use, the
dies and tools shall be removed.
(c) All portable, power-driven circular saws shall be equipped with
guards above and below the base plate or shoe. The upper guard shall
cover the saw to the depth of the teeth, except for the minimum arc
required to permit the base to be tilted for bevel cuts. The lower guard
shall cover the saw to the depth of the teeth, except for the minimum
arc required to allow proper retraction and contact with the work. When
the tool is withdrawn from the work, the lower guard shall automatically
and instantly return to the covering position.
(d) The moving parts of machinery on a dry dock shall be guarded.
(e) Before use, pneumatic tools shall be secured to the extension
hose or whip by some positive means to prevent the tool from becoming
accidentally disconnected from the whip.
(f) The moving parts of drive mechanisms, such as gearing and
belting on large portable tools, shall be adequately guarded.
(g) Headers, manifolds and widely spaced hose connections on
compressed air lines shall bear the word ``air'' in letters at least 1-
inch high, which shall be painted either on the manifolds or separate
hose connections, or on signs permanently attached to the manifolds or
connections. Grouped air connections may be marked in one location.
(h) Before use, compressed air hose shall be examined. Visibly
damaged and unsafe hose shall not be used.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44543, July 3, 2002]
Sec. 1915.132 Portable electric tools.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking except that paragraph (e) of this section
applies to ship repairing only.
(a) The frames of portable electric tools and appliances, except
double insulated tools approved by Underwriters' Laboratories, shall be
grounded either through a third wire in the cable containing the circuit
conductors or through a separate wire which is grounded at the source of
the current.
(b) Grounding circuits, other than by means of the structure of the
vessel on which the tool is being used, shall be checked to ensure that
the circuit between the ground and the grounded power conductor has
resistance which is low enough to permit sufficient current to flow to
cause the fuse or circuit breaker to interrupt the current.
(c) Portable electric tools which are held in the hand shall be
equipped with switches of a type which must be manually held in the
closed position.
(d) Worn or frayed electric cables shall not be used.
[[Page 74]]
(e) The employer shall notify the officer in charge of the vessel
before using electric power tools operated with the vessel's current.
Sec. 1915.133 Hand tools.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) Employers shall not issue or permit the use of unsafe hand
tools.
(b) Wrenches, including crescent, pipe, end and socket wrenches,
shall not be used when jaws are sprung to the point that slippage
occurs.
(c) Impact tools, such as drift pins, wedges, and chisels, shall be
kept free of mushroomed heads.
(d) The wooden handles of tools shall be kept free of splinters or
cracks and shall be kept tight in the tool.
Sec. 1915.134 Abrasive wheels.
This section shall apply to ship repairing, shipbuilding and
shipbreaking.
(a) Floor stand and bench mounted abrasive wheels used for external
grinding shall be provided with safety guards (protection hoods). The
maximum angular exposure of the grinding wheel periphery and sides shall
be not more than 90 degrees, except that when work requires contact with
the wheel below the horizontal plane of the spindle, the angular
exposure shall not exceed 125 degrees. In either case the exposure shall
begin not more than 65 degrees above the horizontal plane of the
spindle. Safety guards shall be strong enough to withstand the effect of
a bursting wheel.
(b) Floor and bench mounted grinders shall be provided with work
rests which are rigidly supported and readily adjustable. Such work
rests shall be kept a distance not to exceed \1/8\ inch from the surface
of the wheel.
(c) Cup type wheels used for external grinding shall be protected by
either a revolving cup guard or a band type guard in accordance with the
provisions of the United States of America Standard Safety Code for the
Use, Care, and Protection of Abrasive Wheels, B7.1-1964. All other
portable abrasive wheels used for external grinding shall be provided
with safety guards (protection hoods) meeting the requirements of
paragraph (e) of this section, except as follows:
(1) When the work location makes it impossible, in which case a
wheel equipped with safety flanges as described in paragraph (f) of this
section shall be used.
(2) When wheels 2 inches or less in diameter which are securely
mounted on the end of a steel mandrel are used.
(d) Portable abrasive wheels used for internal grinding shall be
provided with safety flanges (protection flanges) meeting the
requirements of paragraph (f) of this section, except as follows:
(1) When wheels 2 inches or less in diameter which are securely
mounted on the end of a steel mandrel are used.
(2) If the wheel is entirely within the work being ground while in
use.
(e) When safety guards are required, they shall be so mounted as to
maintain proper alignment with the wheel, and the guard and its
fastenings shall be of sufficient strength to retain fragments of the
wheel in case of accidental breakage. The maximum angular exposure of
the grinding wheel periphery and sides shall not exceed 180 degrees.
(f) When safety flanges are required, they shall be used only with
wheels designed to fit the flanges. Only safety flanges of a type and
design and properly assembled so as to insure that the pieces of the
wheel will be retained in case of accidental breakage shall be used.
(g) All abrasive wheels shall be closely inspected and ring tested
before mounting to ensure that they are free from cracks or defects.
(h) Grinding wheels shall fit freely on the spindle and shall not be
forced on. The spindle nut shall be tightened only enough to hold the
wheel in place.
(i) The power supply shall be sufficient to maintain the rated
spindle speed under all conditions of normal grinding. The rated maximum
speed of the wheel shall not be exceeded.
(j) All employees using abrasive wheels shall be protected by eye
protection equipment in accordance with the requirements of subpart I of
this part except when adequate eye protection is afforded by eye shields
which
[[Page 75]]
are permanently attached to the bench or floor stand.
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67
FR 44543, July 3, 2002]
Sec. 1915.135 Powder actuated fastening tools.
(a) The section shall apply to ship repairing and shipbuilding only.
(b) General precautions. (1) Powder actuated fastening tools shall
be tested each day before loading to ensure that the safety devices are
in proper working condition. Any tool found not to be in proper working
order shall be immediately removed from service until repairs are made.
(2) Powder actuated fastening tools shall not be used in an
explosive or flammable atmosphere.
(3) All tools shall be used with the type of shield or muzzle guard
appropriate for a particular use.
(4) Fasteners shall not be driven into very hard or brittle
materials such as cast iron, glazed tile, surface hardened steel, glass
block, live rock, face brick or hollow title.
(5) Fasteners shall not be driven into soft materials unless such
materials are backed by a substance that will prevent the pin or
fastener from passing completely through and creating a flying missile
hazard on the opposite side.
(6) Unless a special guard, fixture or jig is used, fasteners shall
not be driven directly into materials such as brick or concrete within 3
inches of the unsupported edge or corner, or into steel surfaces within
\1/2\ inch of the unsupported edge or corner. When fastening other
material, such as 2x4 inch lumber to a concrete surface, fasteners of
greater than \7/32\ inch shank diameter shall not be used and fasteners
shall not be driven within 2 inches of the unsupported edge or corner of
the work surface.
(7) Fasteners shall not be driven through existing holes unless a
positive guide is used to secure accurate alignment.
(8) No attempt shall be made to drive a fastener into a spalled area
caused by an unsatisfactory fastening.
(9) Employees using powder actuated fastening tools shall be
protected by personal protective equipment in accordance with the
requirements of subpart I of this part.
(c) Instruction of operators. Before employees are permitted to use
powder actuated tools, they shall have been thoroughly instructed by a
competent person with respect to the requirements of paragraph (b) of
this section and the safe use of such tools as follows:
(1) Before using a tool, the operator shall inspect it to determine
that it is clean, that all moving parts operate freely and that the
barrel is free from obstructions.
(2) When a tool develops a defect during use, the operator shall
immediately cease to use it and shall notify his supervisor.
(3) Tools shall not be loaded until just prior to the intended
firing time and the tool shall not be left unattended while loaded.
(4) The tool, whether loaded or empty, shall not be pointed at any
person, and hands shall be kept clear of the open barrel end.
(5) In case of a misfire, the operator shall hold the tool in the
operating position for at least 15 seconds and shall continue to hold
the muzzle against the work surface during disassembly or opening of the
tool and removal of the powder load.
(6) Neither tools nor powder charges shall be left unattended in
places where they would be available to unauthorized persons.
[47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996]
Sec. 1915.136 Internal combustion engines, other than ship's equipment.
The provisions of this section shall apply to ship repairing,
shipbuilding and shipbreaking.
(a) When internal combustion engines furnished by the employer are
used in a fixed position below decks, for such purposes as driving
pumps, generators, and blowers, the exhaust shall be led to the open
air, clear of any ventilation intakes and openings through which it
might enter the vessel.
(b) All exhaust line joints and connections shall be checked for
tightness immediately upon starting the engine, and any leaks shall be
corrected at once.
[[Page 76]]
(c) When internal combustion engines on vehicles, such as forklifts
and mobile cranes, or on portable equipment such as fans, generators,
and pumps exhaust into the atmosphere below decks, the competent person
shall make tests of the carbon monoxide content of the atmosphere as
frequently as conditions require to ensure that dangerous concentrations
do not develop. Employees shall be removed from the compartment involved
when the carbon monoxide concentration exceeds 50 parts per million
(0.005%). The employer shall use blowers sufficient in size and number
and so arranged as to maintain the concentration below this allowable
limit before work is resumed.
Subpart I_Personal Protective Equipment (PPE)
Source: 61 FR 26352, May 24, 1996, unless otherwise noted.
Sec. 1915.151 Scope, application and definitions.
(a) Scope and application. This subpart applies to all work in
shipyard employment regardless of geographic location.
(b) Definitions applicable to this subpart. Anchorage means a secure
point of attachment for lifelines, lanyards, or deceleration devices.
Body belt means a strap with means for both securing it about the
waist and attaching it to a lanyard, lifeline, or deceleration device.
Body harness means straps which may be secured about the employee in
a manner that will distribute the fall arrest forces over at least the
thighs, shoulders, chest and pelvis with means for attaching it to other
components of a personal fall arrest system.
Connector means a device which is used to couple (connect) parts of
a personal fall arrest system or parts of a positioning device system
together. It may be an independent component of the system, such as a
carabiner, or it may be an integral component of part of the system
(such as a buckle or D-ring sewn into a body belt or body harness or a
snaphook 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 limit 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 to
protect against a hazard which the employer can demonstrate will provide
an equal or greater degree of safety for employees than the method or
item specified in the standard.
Free fall means the act of falling before a 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,
and lifeline/lanyard elongation, but includes any deceleration device
slide distance or self-retracting lifeline/lanyard extension before the
device operates and fall arrest forces occur.
Lanyard means a flexible line of rope, wire rope, or strap which
generally has a connector at each end for connecting 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
[[Page 77]]
connecting other components of a personal fall arrest system to the
anchorage.
Lower levels means those areas or surfaces to which an employee can
fall. Such areas or surfaces include but are not limited to ground
levels, floors, ramps, tanks, materials, water, excavations, pits,
vessels, structures, or portions thereof.
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, body belt or body harness and may include a lanyard, a
deceleration device, a lifeline, or a suitable combination of these. As
of January 1, 1998, the use of a body belt for fall arrest is
prohibited.
Positioning device system means a body belt or body harness system
rigged to allow an employee to be supported at an elevated vertical
surface, such as a wall or window, and to be able to work with both
hands free while leaning.
Qualified person means a person who by possession of a recognized
degree or certificate of professional standing, or who, by extensive
knowledge, training, and experience, has successfully demonstrated the
ability to solve or resolve problems related to the subject matter and
work.
Restraint (tether) line means a line from an anchorage, or between
anchorages, to which the employee is secured in such a way as to prevent
the employee from walking or falling off an elevated work surface. Note:
A restraint line is not necessarily designed to withstand forces
resulting from a fall.
Rope grab means a deceleration device which travels on a lifeline
and automatically, by friction, 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/level locking or both.
Sec. 1915.152 General requirements.
(a) Provision and use of equipment. The employer shall provide and
shall ensure that each affected employee uses the appropriate personal
protective equipment (PPE) for the eyes, face, head, extremities, torso,
and respiratory system, including protective clothing, protective
shields, protective barriers, personal fall protection equipment, and
life saving equipment, meeting the applicable provisions of this
subpart, wherever employees are exposed to work activity hazards that
require the use of PPE.
(b) Hazard assessment and equipment. The employer shall assess its
work activity to determine whether there are hazards present, or likely
to be present, which necessitate the employee's use of PPE. If such
hazards are present, or likely to be present, the employer shall:
(1) Select the type of PPE that will protect the affected employee
from the hazards identified in the occupational hazard assessment;
(2) Communicate selection decisions to affected employees;
(3) Select PPE that properly fits each affected employee; and
(4) Verify that the required occupational hazard assessment has been
performed through a document that contains the following information:
occupation, the date(s) of the hazard assessment, and the name of the
person performing the hazard assessment.
Note 1 to paragraph (b): A hazard assessment conducted according to
the trade or occupation of affected employees will be considered to
comply with paragraph (b) of this section, if the assessment addresses
any PPE-related hazards to which employees are exposed in the course of
their work activities.
Note 2 to paragraph (b): Non-mandatory appendix A to this subpart
contains examples of procedures that will comply with the requirement
for an occupational hazard assessment.
(c) Defective and damaged equipment. Defective or damaged PPE shall
not be used.
(d) Reissued equipment. The employer shall ensure that all
unsanitary PPE, including that which has been used by employees, be
cleaned and disinfected before it is reissued.
(e) Training. (1) The employer shall provide training to each
employee who is required, by this section, to use PPE (exception:
training in the use of personal fall arrest systems and positioning
device systems training is covered in Sec. Sec. 1915.159 and 1915.160).
Each employee shall be trained to understand at least the following:
(i) When PPE is necessary;
[[Page 78]]
(ii) What PPE is necessary;
(iii) How to properly don, doff, adjust, and wear PPE;
(iv) The limitations of the PPE; and,
(v) The proper care, maintenance, useful life and disposal of the
PPE.
(2) The employer shall ensure that each affected employee
demonstrates the ability to use PPE properly before being allowed to
perform work requiring the use of PPE.
(3) The employer shall retrain any employee who does not understand
or display the skills required by paragraph (e)(2) of this section.
Circumstances where retraining is required include, but are not limited
to, situations where:
(i) Changes in occupation or work render previous training obsolete;
or
(ii) Changes in the types of PPE to be used render previous training
obsolete; or
(iii) Inadequacies in an affected employee's knowledge or use of
assigned PPE indicate that the employee has not retained the requisite
understanding or skill.
(4) The employer shall verify that each affected employee has
received the required training through a document that contains the
following information: name of each employee trained, the date(s) of
training, and type of training the employee received.
[61 FR 26352, May 24, 1996; 61 FR 29957, June 13, 1996, as amended at 67
FR 44543, July 3, 2002]
Sec. 1915.153 Eye and face protection.
(a) General requirements. (1) The employer shall ensure that each
affected employee uses appropriate eye or face protection where there
are exposures to eye or face hazards caused by flying particles, molten
metal, liquid chemicals, acid or caustic liquids, chemical gases or
vapors, or potentially injurious light radiation.
(2) The employer shall ensure that each affected employee uses eye
or face protection that provides side protection when there is a hazard
from flying objects. Detachable side protectors (e.g., a clip-on or
slide-on side shield) meeting the pertinent requirements of this section
are acceptable.
(3) The employer shall ensure that each affected employee who wears
prescription lenses while engaged in operations that involve eye hazards
wears eye protection that incorporates the prescription in its design,
unless the employee is protected by eye protection that can be worn over
prescription lenses without disturbing the proper position of either the
PPE or the prescription lenses.
(4) The employer shall ensure that each affected employee uses
equipment with filter lenses that have a shade number that provides
appropriate protection from injurious light radiation. Table I-1 is a
listing of appropriate shade numbers for various operations. If filter
lenses are used in goggles worn under a helmet which has a lens, the
shade number of the lens in the helmet may be reduced so that the shade
numbers of the two lenses will equal the value as shown in Table I-1,
Sec. 1915.153.
Table I-1--Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
Minimum
Operations Electrode size \1/32\ in. Arc current protective
shade
----------------------------------------------------------------------------------------------------------------
Shielded metal arc welding............... Less than 3................ Less than.................. 7
3-5........................ 60......................... 8
5-8........................ 60-160..................... 10
More than 8................ 160-250.................... 11
........................... 250-550.................... ...........
Gas metal arc welding and flux cored arc ........................... Less than.................. 7
welding.
........................... 60......................... 10
........................... 60-160..................... 10
........................... 160-250.................... 10
........................... 250-500.................... ...........
Gas Tungsten arc welding................. ........................... Less than.................. 8
........................... 50......................... 8
........................... 50-150..................... 10
........................... 150-500.................... ...........
[[Page 79]]
Air carbon............................... (Light).................... Less than.................. 10
Arc cutting.............................. (Heavy).................... 500........................ 11
500-1000................... ...........
Plasma arc welding....................... ........................... Less than.................. 6
........................... 20......................... 8
........................... 20-........................ 10
........................... 100........................ 11
........................... 100-....................... ...........
........................... 400........................ ...........
........................... 400-....................... ...........
........................... 800........................ ...........
Plasma arc cutting....................... (light)**.................. Less than 300.............. 8
(medium)**................. 300-400.................... 9
(heavy)**.................. 400-800.................... 10
Torch brazing............................ ........................... ........................... 3
Torch soldering.......................... ........................... ........................... 2
Carbon Arc welding....................... ........................... ........................... 14
----------------------------------------------------------------------------------------------------------------
** These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden
by the workpiece.
Filter Lenses for Protection Against Radiant Energy
----------------------------------------------------------------------------------------------------------------
Minimum*
Operations Plate thickness--inches Plate thickness--mm protective
shade
----------------------------------------------------------------------------------------------------------------
Gas welding:
Light............................... Under \1/8\.................. Under 3.2................. 4
Medium.............................. \1/8\ to \1/2\............... 3.2 to 12.7............... 5
Heavy............................... Over \1/2\................... Over 12.7................. 6
Oxygen cutting
Light............................... Under 1...................... Under 25.................. 3
Medium.............................. 1 to 6....................... 25 to 150................. 4
Heavy............................... Over 6....................... Over 150.................. 5
----------------------------------------------------------------------------------------------------------------
* As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which
gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting
where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or
sodium line in the visible light of the (spectrum) operation.
(b) Criteria for protective eye and face devices. (1) Protective eye
and face devices purchased after May 20, 1982, shall comply with the
American National Standards Institute, ANSI Z87.1-1989, ``Practice for
Occupational and Educational Eye and Face Protection,'' which is
incorporated by reference as specified in Sec. 1915.5, or shall be
demonstrated by the employer to be equally effective.
(2) Eye and face protective devices purchased before May 20, 1982,
shall comply with ``American National Standard Practice for Occupational
and Educational Eye and Face Protection, Z87.1 -1979,'' which is
incorporated by reference as specified in Sec. 1915.5, or shall be
demonstrated by the employer to be equally effective.
Sec. 1915.154 Respiratory protection.
Respiratory protection for shipyard employment is covered by 29 CFR
1910.134.
Sec. 1915.155 Head protection.
(a) Use. (1) The employer shall ensure that each affected employee
wears a protective helmet when working in areas where there is a
potential for injury to the head from falling objects.
(2) The employer shall ensure that each affected employee wears a
protective helmet designed to reduce electrical shock hazards where
there is potential for electric shock or burns due to contact with
exposed electrical conductors which could contact the head.
(b) Criteria for protective helmets. (1) Protective helmets
purchased after August 22, 1996, shall comply with ANSI
[[Page 80]]
Z89.l-1986, ``Personnel Protection--Protective Headwear for Industrial
Workers-Requirements,'' which is incorporated by reference, as specified
in Sec. 1915.5, or shall be demonstrated by the employer to be equally
effective.
(2) Protective helmets purchased before August 22, 1996, shall
comply with the ``American National Standard Safety Requirements for
Industrial Head Protection, Z89.1-1969,'' which is incorporated by
reference as specified in 1915.5, or shall be demonstrated by the
employer to be equally effective.
Sec. 1915.156 Foot protection.
(a) Use. The employer shall ensure that each affected employee wears
protective footwear when working in areas where there is a danger of
foot injuries due to falling or rolling objects or objects piercing the
sole.
(b) Criteria for protective footwear. (1) Protective footwear
purchased after August 22, 1996, shall comply with ANSI Z41-1991,
``American National Standard for Personal Protection-Protective
Footwear,'' which is incorporated by reference, as specified in Sec.
1915.5, or shall be demonstrated by the employer to be equally as
effective.
(2) Protective footwear purchased before August 22, 1996, shall
comply with the ``American National Standard for Personal Protection-
Protective Footwear Z41-1983,'' which is incorporated by reference, as
specified in Sec. 1915.5, or shall be demonstrated by the employer to
be equally effective.
Sec. 1915.157 Hand and body protection.
(a) Use. The employer shall ensure that each affected employee uses
appropriate hand protection and other protective clothing where there is
exposure to hazards such as skin absorption of harmful substances,
severe cuts or lacerations, severe abrasions, punctures, chemical burns,
thermal burns, harmful temperature extremes, and sharp objects.
(b) Hot work operations. The employer shall ensure that no employee
wears clothing impregnated or covered in full or in part with flammable
or combustible materials (such as grease or oil) while engaged in hot
work operations or working near an ignition source.
(c) Electrical protective devices. The employer shall ensure that
each affected employee wears protective electrical insulating gloves and
sleeves or other electrical protective equipment, if that employee is
exposed to electrical shock hazards while working on electrical
equipment.
Sec. 1915.158 Lifesaving equipment.
(a) Personal flotation devices. (1) PFDs (life preservers, life
jackets, or work vests) worn by each affected employee must be United
States Coast Guard (USCG) approved pursuant to 46 CFR part 160 (Type I,
II, III, or V PFD) and marked for use as a work vest, for commercial
use, or for use on vessels. USCG approval is pursuant to 46 CFR part
160, Coast Guard Lifesaving Equipment Specifications.
(2) Prior to each use, personal floatation devices shall be
inspected for dry rot, chemical damage, or other defects which may
affect their strength and buoyancy. Defective personal floatation
devices shall not be used.
(b) Ring life buoys and ladders. (1) When work is being performed on
a floating vessel 200 feet (61 m) or more in length, at least three 30-
inch (0.76 m) U.S. Coast Guard approved ring life buoys with lines
attached shall be located in readily visible and accessible places. Ring
life buoys shall be located one forward, one aft, and one at the access
to the gangway.
(2) On floating vessels under 200 feet (61 m) in length, at least
one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with line
attached shall be located at the gangway.
(3) At least one 30-inch (0.76 m) U. S. Coast Guard approved ring
life buoy with a line attached shall be located on each staging
alongside of a floating vessel on which work is being performed.
(4) At least 90 feet (27.43m) of line shall be attached to each ring
life buoy.
(5) There shall be at least one portable or permanent ladder in the
vicinity of each floating vessel on which work is being performed. The
ladder shall be of sufficient length to assist
[[Page 81]]
employees to reach safety in the event they fall into the water.
[61 FR 26352, May 24, 1996, as amended at 67 FR 44543, July 3, 2002]
Sec. 1915.159 Personal fall arrest systems (PFAS).
The criteria of this section apply to PFAS and their use. Effective
January 1, 1998, body belts and non-locking snaphooks are not acceptable
as part of a personal fall arrest system.
(a) Criteria for connectors and anchorages. (1) Connectors shall be
made of drop forged, pressed, or formed steel or shall be made of
materials with equivalent strength.
(2) Connectors shall have a corrosion-resistant finish, and all
surfaces and edges shall be smooth to prevent damage to the interfacing
parts of the system.
(3) D-rings and snaphooks shall be capable of sustaining a minimum
tensile load of 5,000 pounds (22.24 Kn).
(4) D-rings and snaphooks shall be proof-tested to a minimum tensile
load of 3,600 pounds (16 Kn) without cracking, breaking, or being
permanently deformed.
(5) Snaphooks shall be sized to be compatible with the member to
which they are connected to prevent unintentional disengagement of the
snaphook caused by depression of the snaphook keeper by the connected
member, or shall be of a locking type that is designed and used to
prevent disengagement of the snap-hook by contact of the snaphook keeper
by the connected member.
(6) Snaphooks, 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 D-ring to which another snaphook or other connector is
attached;
(iv) To a horizontal lifeline; or
(v) To any object that is incompatibly shaped or dimensioned in
relation to the snaphook such that unintentional disengagement could
occur by the connected object being able to depress the snaphook keeper
and release itself.
(7) On suspended scaffolds or similar work platforms with horizontal
lifelines that may become vertical lifelines, the devices used for
connection to the horizontal lifeline shall be capable of locking in any
direction on the lifeline.
(8) Anchorages used for attachment of personal fall arrest equipment
shall be independent of any anchorage being used to support or suspend
platforms.
(9) Anchorages shall be capable of supporting at least 5,000 pounds
(22.24 Kn) per employee attached, or shall be designed, installed, and
used as follows:
(i) As part of a complete personal fall arrest system which
maintains a safety factor of at least two; and
(ii) Under the direction and supervision of a qualified person.
(b) Criteria for lifelines, lanyards, and personal fall arrest
systems. (1) When vertical lifelines are used, each employee shall be
provided with a separate lifeline.
(2) Vertical lifelines and lanyards shall have a minimum tensile
strength of 5,000 pounds (22.24 Kn).
(3) Self-retracting lifelines and lanyards that automatically limit
free fall distances to 2 feet (0.61 m) or less shall be capable of
sustaining a minimum tensile load of 3,000 pounds (13.34 Kn) applied to
a self-retracting lifeline or lanyard with the lifeline or lanyard in
the fully extended position.
(4) Self-retracting lifelines and lanyards which do not limit free
fall distance to 2 feet (0.61 m) or less, ripstitch lanyards and tearing
and deforming lanyards shall be capable of sustaining a minimum static
tensile load of 5,000 pounds (22.24 Kn) applied to the device when they
are in the fully extended position.
(5) Horizontal lifelines shall be designed, installed, and used
under the supervision of a qualified person, and shall only be used as
part of a complete personal fall arrest system that maintains a safety
factor of at least two.
(6) Effective November 20, 1996, personal fall arrest systems shall:
(i) Limit the maximum arresting force on a falling employee to 900
pounds (4 Kn) when used with a body belt;
(ii) Limit the maximum arresting force on a falling employee to
1,800
[[Page 82]]
pounds (8 Kn) when used with a body harness;
(iii) Bring a falling employee to a complete stop and limit the
maximum deceleration distance an employee travels to 3.5 feet (1.07 m),
and
(iv) Have sufficient strength to withstand twice the potential
impact energy of an employee free falling a distance of 6 feet (1.83 m),
or the free fall distance permitted by the system, whichever is less;
Note to Paragraph (b)(6) of this Section: A personal fall arrest
system which meets the criteria and protocols contained in appendix B,
is considered to comply with paragraph (b)(6). If the combined tool and
body weight is 310 pounds (140.62 kg) or more, systems that meet the
criteria and protocols contained in appendix B will be deemed to comply
with the provisions of paragraph (b)(6) only if they are modified
appropriately to provide protection for the extra weight of the employee
and tools.
(7) Personal fall arrest systems shall be rigged such that an
employee can neither free fall more than 6 feet (1.83 m) nor contact any
lower level.
(c) Criteria for selection, use and care of systems and system
components. (1) Lanyards shall be attached to employees using personal
fall arrest systems, as follows:
(i) The attachment point of a body harness shall be located in the
center of the wearer's back near the shoulder level, or above the
wearer's head. If the free fall distance is limited to less than 20
inches (50.8 cm), the attachment point may be located in the chest
position; and
(ii) The attachment point of a body belt shall be located in the
center of the wearer's back.
(2) 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.
(3) Ropes, belts, harnesses, and lanyards shall be compatible with
their hardware.
(4) Lifelines and lanyards shall be protected against cuts,
abrasions, burns from hot work operations and deterioration by acids,
solvents, and other chemicals.
(5) Personal fall arrest systems shall be inspected prior to each
use for mildew, wear, damage, and other deterioration. Defective
components shall be removed from service.
(6) Personal fall arrest systems and components subjected to impact
loading shall be immediately removed from service and shall not be used
again for employee protection until inspected and determined by a
qualified person to be undamaged and suitable for reuse.
(7) The employer shall provide for prompt rescue of employees in the
event of a fall or shall ensure that employees are able to rescue
themselves.
(8) Body belts shall be at least one and five-eighths inches (4.13
cm) wide.
(9) Personal fall arrest systems and components shall be used only
for employee fall protection and not to hoist materials.
(d) Training. Before using personal fall arrest equipment, each
affected employee shall be trained to understand the application limits
of the equipment and proper hook-up, anchoring, and tie-off techniques.
Affected employees shall also be trained so that they can demonstrate
the proper use, inspection, and storage of their equipment.
[61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002]
Sec. 1915.160 Positioning device systems.
Positioning device systems and their use shall conform to the
following provisions:
(a) Criteria for connectors and anchorages. (1) Connectors shall
have a corrosion-resistant finish, and all surfaces and edges shall be
smooth to prevent damage to interfacing parts of this system.
(2) Connecting assemblies shall have a minimum tensile strength of
5,000 pounds (22.24 Kn).
(3) Positioning device systems shall be secured to an anchorage
capable of supporting at least twice the potential impact load of an
employee's fall.
(4) Snaphooks, unless each is of a locking type designed and used to
prevent disengagement, shall not be connected to each other. As of
January 1, 1998, only locking type snaphooks shall be used in
positioning device systems.
(b) Criteria for positioning device systems. (1) Restraint (tether)
lines shall have a minimum breaking strength of 3,000 pounds (13.34 Kn).
[[Page 83]]
(2) The following system performance criteria for positioning device
systems are effective November 20, 1996:
(i) A window cleaner's positioning system shall be capable of
withstanding without failure a drop test consisting of a 6 foot (1.83 m)
drop of a 250-pound (113.4 kg) weight. The system shall limit the
initial arresting force to not more than 2,000 pounds (8.9 Kn), with a
duration not to exceed 2 milliseconds. The system shall limit any
subsequent arresting forces imposed on the falling employee to not more
than 1,000 pounds (4.45 Kn);
(ii) All other positioning device systems shall be capable of
withstanding without failure a drop test consisting of a 4 foot (1.22 m)
drop of a 250-pound (113.4 kg) weight.
Note to paragraph (b)(2) of this section: Positioning device systems
which comply with the provisions of section 2 of non-mandatory appendix
B to this subpart shall be deemed to meet the requirements of this
paragraph (b)(2).
(c) Criteria for the use and care of positioning device systems. (1)
Positioning device systems shall be inspected before each use for
mildew, wear, damage, and other deterioration. Defective components
shall be removed from service.
(2) A positioning device system or component 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
qualified person to be undamaged and suitable for reuse.
(d) Training. Before using a positioning device system, employees
shall be trained in the application limits, proper hook-up, anchoring
and tie-off techniques, methods of use, inspection, and storage of
positioning device systems.
[61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002]
Appendix A to Subpart I of Part 1915--Non-Mandatory Guidelines for
Hazard Assessment, Personal Protective Equipment (PPE) Selection, and
PPE Training Program
This appendix is intended to provide compliance assistance for
hazard assessment, selection of personal protective equipment (PPE) and
PPE training. It neither adds to or detracts from the employer's
responsibility to comply with the provisions of this subpart.
1. Controlling hazards. Employers and employees should not rely
exclusively on PPE for protection from hazards. PPE should be used,
where appropriate, in conjunction with engineering controls, guards, and
safe work practices and procedures.
2. Assessment and selection. Employers need to consider certain
general guidelines for assessing the hazardous situations that are
likely to arise under foreseeable work activity conditions and to match
employee PPE to the identified hazards. The employer should designate a
safety officer or some other qualified person to exercise common sense
and appropriate expertise to assess work activity hazards and select
PPE.
3. Assessment guidelines. In order to assess the need for PPE the
following steps should be taken:
a. Survey. Conduct a walk-through survey of the area in question to
identify sources of hazards.
Categories for Consideration:
(1) Impact
(2) Penetration
(3) Compression (roll-over)
(4) Chemical
(5) Heat
(6) Harmful dust
(7) Light (optical) radiation
(8) Drowning
(9) Falling
b. Sources. During the walk-through survey the safety officer should
observe:
(1) Sources of motion; for example, machinery or processes where any
movement of tools, machine elements or particles could exist, or
movement of personnel that could result in collision with stationary
objects.
(2) Sources of high temperatures that could result in burns, eye
injury or ignition of protective equipment.
(3) Types of chemical exposures.
(4) Sources of harmful dust.
(5) Sources of light radiation, for instance, welding, brazing,
cutting, heat treating, furnaces, and high intensity lights.
(6) Sources of falling objects or potential for dropping objects.
(7) Sources of sharp objects which might pierce or cut the hands.
(8) Sources of rolling or pinching objects which could crush the
feet.
(9) Layout of work place and location of co-workers.
(10) Any electrical hazards.
(11) Review injury/accident data to help identify problem areas.
Organize data. Following the walk-through survey, it is necessary to
organize the data and other information obtained. That material provides
the basis for hazard assessment
[[Page 84]]
that enables the employer to select the appropriate PPE.
d. Analyze data. Having gathered and organized data regarding a
particular occupation, employers need to estimate the potential for
injuries. Each of the identified hazards (see paragraph 3.a.) should be
reviewed and classified as to its type, the level of risk, and the
seriousness of any potential injury. Where it is foreseeable that an
employee could be exposed to several hazards simultaneously, the
consequences of such exposure should be considered.
4. Selection guidelines. After completion of the procedures in
paragraph 3, the general procedure for selection of protective equipment
is to:
(a) become familiar with the potential hazards and the types of
protective equipment that are available, and what they can do; for
example, splash protection, and impact protection;
(b) compare the hazards associated with the environment; for
instance, impact velocities, masses, projectile shapes, radiation
intensities, with the capabilities of the available protective
equipment;
(c) select the protective equipment which ensures a level of
protection greater than the minimum required to protect employees from
the hazards; and
(d) fit the user with the protective device and give instructions on
care and use of the PPE. It is very important that users be made aware
of all warning labels and limitations of their PPE.
5. Fitting the device. Careful consideration must be given to
comfort and fit. The employee will be most likely to wear the protective
device if it fits comfortably. PPE that does not fit properly may not
provide the necessary protection, and may create other problems for
wearers. Generally, protective devices are available in a variety of
sizes and choices. Therefore employers should be careful to select the
appropriate sized PPE.
6. Devices with adjustable features. (a) Adjustments should be made
on an individual basis so the wearer will have a comfortable fit that
maintains the protective device in the proper position. Particular care
should be taken in fitting devices for eye protection against dust and
chemical splash to ensure that the seal is appropriate for the face.
(b) In addition, proper fitting of hard hats is important to ensure
that the hard hat will not fall off during work operations. In some
cases a chin strap may be necessary to keep the hard hat on an
employee's head. (Chin straps should break at a reasonably low force to
prevent a strangulation hazard). Where manufacturer's instructions are
available, they should be followed carefully.
7. Reassessment of hazards. Compliance with the hazard assessment
requirements of Sec. 1915.152(b) will involve the reassessment of work
activities where changing circumstances make it necessary. a. The
employer should have a safety officer or other qualified person reassess
the hazards of the work activity area as necessary. This reassessment
should take into account changes in the workplace or work practices,
such as those associated with the installation of new equipment, and the
lessons learned from reviewing accident records, and a reevaluation
performed to determine the suitability of PPE selected for use.
8. Selection chart guidelines for eye and face protection. Examples
of occupations for which eye protection should be routinely considered
are carpenters, engineers, coppersmiths, instrument technicians,
insulators, electricians, machinists, mobile equipment mechanics and
repairers, plumbers and ship fitters, sheet metal workers and tinsmiths,
grinding equipment operators, machine operators, welders, boiler
workers, painters, laborers, grit blasters, ship fitters and burners.
This is not a complete list of occupations that require the use of eye
protection. The following chart provides general guidance for the proper
selection of eye and face protection to protect against hazards
associated with the listed hazard ``source'' operations.
Eye and Face Protection Selection Chart
------------------------------------------------------------------------
Assessment of
Source hazard Protection
------------------------------------------------------------------------
Impact:
Chipping, grinding Flying fragments, Spectacles with side
machining, masonry work, objects, large protection, goggles,
woodworking, sawing, chips, face shields. See
drilling, chiseling, particles, sand, notes (1), (3), (5),
powered fastening, dirt, etc. (6), (10). For
riveting, and sanding. severe exposure, use
face shield.
Heat:
Furnace operations, Hot sparks....... Face shields,
pouring, casting, hot goggles, spectacles
dipping, and welding. with side
protection. For
severe exposure use
face shield. See
notes (1), (2), (3).
Splash from Face shields worn
molten metals. over goggles. See
notes (1), (2), (3).
High temperature Screen face shields,
exposure. reflective face
shields. See notes
(1), (2), (3).
Chemicals:
Acid and chemicals Splash........... Goggles, eyecup and
handling, degreasing, cover types. For
plating. severe exposure, use
face shield. See
notes (3), (11).
[[Page 85]]
Irritating mists. Special-purpose
goggles.
Dust:
Woodworking, buffing, Nuisance dust.... Goggles, eyecup and
general dusty conditions. cover types. See
note (8).
Light and/or Radiation:
Welding: Electric arc..... Optical radiation Welding helmets or
welding shields.
Typical shades: 10-
14. See notes (9),
(12).
Welding: Gas.............. Optical radiation Welding goggles or
welding face shield.
Typical shades: gas
welding 4-8, cutting
3-6, brazing 3-4.
See note (9).
Cutting, Torch brazing, Optical radiation Spectacles or welding
Torch soldering. face-shield. Typical
shades, 1.5-3. See
notes (3), (9).
Glare..................... Poor vision...... Spectacles with
shaded or special-
purpose lenses, as
suitable. See notes
(9), (10).
------------------------------------------------------------------------
Notes to Eye and Face Protection Selection Chart
(a) Care should be taken to recognize the possibility of multiple
and simultaneous exposure to a variety of hazards. Adequate protection
against the highest level of each of the hazards should be provided.
Protective devices do not provide unlimited protection.
(b) Operations involving heat may also involve light radiation. As
required by the standard, protection from both hazards must be provided.
(c) Face shields should only be worn over primary eye protection
(spectacles or goggles).
(d) As required by the standard, filter lenses must meet the
requirements for shade designations in Sec. 1915.153(a)(4). Tinted and
shaded lenses are not filter lenses unless they are marked or identified
as such.
(e) As required by the standard, persons whose vision requires the
use of prescription (Rx) lenses must wear either protective devices
fitted with prescription (Rx) lenses or protective devices designed to
be worn over regular prescription (Rx) eye wear.
(f) Wearers of contact lenses must also wear appropriate eye and
face protection devices in a hazardous environment. It should be
recognized that dusty and/or chemical environments may represent an
additional hazard to contact lens wearers.
(g) Caution should be exercised in the use of metal frame protective
devices in electrical hazard areas.
(h) Atmospheric conditions and the restricted ventilation of the
protector can cause lenses to fog. Frequent cleansing may be necessary.
(i) Welding helmets or face shields should be used only over primary
eye protection (spectacles or goggles).
(j) Non-side shield spectacles are available for frontal protection
only, but are not acceptable eye protection for the sources and
operations listed for ``impact.''
(k) Ventilation should be adequate, but well protected from splash
entry. Eye and face protection should be designed and used so that it
provides both adequate ventilation and protects the wearer from splash
entry.
(l) Protection from light radiation is directly related to filter
lens density. See note (d). Select the darkest shade that allows task
performance.
9. Selection guidelines for head protection. (a) Hard hats are
designed to provide protection from impact and penetration hazards
caused by falling objects. Head protection is also available which
provides protection from electric shock and burn. When selecting head
protection, knowledge of potential electrical hazards is important.
Class A helmets, in addition to impact and penetration resistance,
provide electrical protection from low-voltage conductors. (They are
proof tested to 2,200 volts.) Class B helmets, in addition to impact and
penetration resistance, provide electrical protection from high-voltage
conductors. (They are proof tested to 20,000 volts.) Class C helmets
provide impact and penetration resistance. (They are usually made of
aluminum, which conducts electricity and should not be used around
electrical hazards.)
(b) Where falling object hazards are present, head protection must
be worn. Some examples of exposure include: working below other workers
who are using tools and materials which could fall; working around or
under conveyor belts which are carrying parts or materials; working
below machinery or processes which might cause material or objects to
fall; and working on exposed energized conductors.
(c) Examples of occupations for which head protection should be
considered are: carpenters, electricians, machinists, boilermakers,
erectors, plumbers, coppersmiths, ship fitters, welders, laborers and
material handlers.
10. Selection guidelines for foot protection. (a) Safety shoes and
boots must meet ANSI Z41-1991 and provide impact and compression
[[Page 86]]
protection to the foot. Where necessary, safety shoes can be obtained
which provide puncture protection. In some work situations, metatarsal
(top of foot) protection should be provided, and in some other special
situations, electrical conductive or insulating safety shoes would be
appropriate.
(b) Safety shoes or boots with impact protection would be required
for carrying or handling materials such as packages, objects, parts or
heavy tools, which could be dropped, and for other activities where
objects might fall onto the feet. Safety shoes or boots with compression
protection would be required for work activities involving skid trucks
(manual material handling carts) around bulk rolls (such as paper rolls)
and around heavy pipes, all of which could potentially roll over an
employees' feet. Safety shoes or boots with puncture protection would be
required where sharp objects such as nails, wire, tacks, screws, large
staples, scrap metal etc., could be stepped on by employees, causing an
injury.
(c) Some occupations (not a complete list) for which foot protection
should be routinely considered are: shipping and receiving clerks, stock
clerks, carpenters, electricians, machinists, boiler makers, plumbers,
copper smiths, pipe fitters, ship fitters, burners, chippers and
grinders, erectors, press operators, welders, laborers, and material
handlers.
11. Selection guidelines for hand protection. (a) Gloves are often
relied upon to prevent cuts, abrasions, burns, and skin contact with
chemicals that are capable of causing local or systemic effects
following dermal exposure. OSHA is unaware of any gloves that provide
protection against all potential hand hazards, and commonly available
glove materials provide only limited protection against many chemicals.
Therefore, it is important to select the most appropriate glove for a
particular application and to determine how long it can be worn, and
whether it can be reused.
(b) It is also important to know the performance characteristics of
gloves relative to the specific hazard anticipated, e.g., chemical
hazards, cut hazards, and flame hazards. These performance
characteristics should be assessed by using standard test procedures.
Before purchasing gloves, the employer should request documentation from
the manufacturer that the gloves meet the appropriate test standard(s)
for the hazard(s) anticipated.
(c) other general factors to be considered for glove selection are:
(A) As long as the performance characteristics are acceptable, in
certain circumstances, it may be more cost effective to regularly change
cheaper gloves than to reuse more expensive types; and,
(B) The work activities of the employee should be studied to
determine the degree of dexterity required, the duration, frequency, and
degree of exposure to the hazard, and the physical stresses that will be
applied.
(d) With respect to selection of gloves for protection against
chemical hazards:
(A) The toxic properties of the chemical(s) must be determined; in
particular, the ability of the chemical to cause local effects on the
skin or to pass through the skin and cause systemic effects or both;
(B) Generally, any ``chemical resistant'' glove can be used for dry
powders;
(C) For mixtures and formulated products (unless specific test data
are available), a glove should be selected on the basis of the chemical
component with the shortest breakthrough time, since it is possible for
solvents to carry active ingredients through polymeric materials; and,
(D) Employees must be able to remove the gloves in such a manner as
to prevent skin contamination.
12. Cleaning and maintenance. (a) It is important that all PPE be
kept clean and be properly maintained. Cleaning is particularly
important for eye and face protection where dirty or fogged lenses could
impair vision.
(b) For the purposes of compliance, PPE should be inspected,
cleaned, and maintained at regular intervals so that the PPE provides
the requisite protection.
(c) It is important to ensure that contaminated PPE which cannot be
decontaminated is disposed of in a manner that protects employees from
exposure to hazards.
13. Examples of work activities, trades and selection of basic PPE.
Example 1: Welder. Based on an assessment of the work activity area
hazards to which welders are exposed, the equipment listed below is the
basic PPE required for this occupation. This does not take into account
a job location in which additional PPE may be required, such as where
the welder works from an elevated platform without guard rails. In this
situation the welder must also wear the proper fall protection
equipment, such as a body harness.
--Hard hat
--Welding Shield (Face)
--Welding Gloves
--Safety Glasses
--Safety Shoes
--Welding Sleeves (welding in the overhead position)
(Signed and dated)
Example 2: Yard Maintenance Worker. Based on an assessment of the
workplace hazards to which shipyard maintenance workers are exposed, the
equipment listed below is the basic PPE required for this occupation.
Where maintenance workers are exposed to other hazards, such as
asbestos, the insulation on a pipe is being repaired, maintenance
[[Page 87]]
workers must be provided with the appropriate supplemental PPE
(requirements for asbestos PPE are set out in 1915.1001).
--Hard Hat
--Safety Glasses
--Work Gloves
--Safety Shoes
(Signed and Dated)
Example 3: Chipper and Grinder Worker. Based on an assessment of the
workplace hazards to which shipyard chipper and grinder workers are
exposed, the equipment listed below is the basic PPE required for this
occupation. Where workers are exposed to other hazards, such as
hazardous dust from chipping or grinding operations, chipper and grinder
workers must be provided with the appropriate supplemental PPE.
--Safety Glasses
--Transparent Face Shields
--Hearing Protection
--Foot Protection
--Gloves
(Signed and Dated)
Example 4: Painter. Based on an assessment of the workplace hazards
to which shipyard painters are exposed, the equipment listed below is
the basic PPE required for this occupation. Where painters are exposed
to other hazards, such as a fall from an elevation where no guardrails
are present, painters must be provided with the appropriate supplemental
PPE.
--Hard Hats
--Safety Glasses
--Disposable Clothing
--Gloves
--Respiratory Protection, including Airline Respirators when working in
Confined Spaces
--Barrier Creams
(Signed and Dated)
Example 5: Tank Cleaner. Tank cleaning operations and the basic PPE
required for them depend largely upon the type of cargo shipped in the
tank. Therefore, the following example is given for a tank in which
gasoline has been shipped. Based on an assessment of the workplace
hazards to which shipyard tank cleaners are exposed, specifically
benzene and flammability hazards, the equipment listed below is the
basic PPE required for this situation. Other tank cleaning operations
will require variations in the PPE listed below.
--Respiratory Protection, Airline Respirators for working in confined
spaces or where personal exposure limits could be exceeded.
--Chemically resistant clothing
--Face Shields
--Chemically resistant boots
--Chemically resistant gloves
--Fall Protection
--Non sparking tools and equipment
--Explosion-proof Lighting
(Signed and Dated)
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44544, July 3, 2002]
Appendix B to Subpart I of Part 1915--General Testing Conditions and
Additional Guidelines for Personal Fall Protection Systems (Non-
Mandatory)
1. Personal fall arrest systems--(a) General test conditions. (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, except that
lanyards should be tested only when connected directly to the anchorage,
and not when connected to a lifeline.
(2) The anchorage should be rigid, and should not have a deflection
greater than .04 inches (1 cm) when a force of 2,250 pounds (10.01 Kn)
is applied.
(3) The frequency response of the load measuring instrumentation
should be 100 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 4 inches (96.5 cm plus or minus 10.16 cm).
(5) The lanyard or lifeline used to create the free fall distance
should be the one supplied with the system, or in its absence, the least
elastic lanyard or lifeline available to be used by the employee 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.
(b) Strength test. (1) During the testing of all systems, a test
weight of 300 pounds plus or minus 5 pounds (136.08 kg plus or minus
2.27 kg) should be used. (See paragraph (a)(4) above.)
(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 6 feet plus or
minus 2 inches (1.83 m plus or minus 5.08 cm) as measured from the fixed
anchorage to the attachment on the body belt or harness.
(4) For rope-grab-type deceleration systems, the length of the
lifeline above the center line of the grabbing mechanism to the
lifeline's anchorage point should not exceed 2 feet (0.61 m).
(5) For lanyard systems, for systems with deceleration devices which
do not automatically limit free fall distance to 2 feet (0.61 m)
[[Page 88]]
or less, and for systems with deceleration devices which have a
connection distance in excess of 1 foot (0.31 m) (measured between the
centerline of the lifeline and the attachment point to the body belt or
harness), the test weight should be rigged to free fall a distance of
7.5 feet (2.29 m) from a point that is 1.5 feet (45.72 cm) above the
anchorage point, to its hanging location (6 feet (1.83 m) below the
anchorage). The test weight should fall without interference,
obstruction, or hitting the floor or the ground during the test. In some
cases, a 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 2 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.
(c) Force test general. The test consists of dropping the respective
test weight once. A new, unused system should be used for each test.
(1) For lanyard systems. (i) A test weight of 220 pounds plus or
minus three pounds (99.79 kg plus or minus 1.36 kg) should be used (see
paragraph (a)(4) above).
(ii) Lanyard length should be 6 feet plus or minus 2 inches (1.83 m
plus or minus 5.08 cm) as measured from the fixed anchorage to the
attachment on the body belt or body harness.
(iii) The test weight should fall free from the anchorage level to
its handling location (a total of 6 feet (1.83 m) free fall distance)
without interference, obstruction, or hitting the floor or ground during
the test.
(2) For all other systems. (i) A test weight of 220 pounds plus or
minus 3 pounds (99.79 kg plus or minus 1.36 kg) should be used (see
paragraph (a)(4) above).
(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 6 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 center line of the lifeline
and the attachment point to the body belt or harness).
(B) For deceleration device systems with integral life lines or
lanyards which automatically limit free fall distance to 2 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.)
(3) Failure. A system fails the force test if the recorded maximum
arresting force exceeds 1,260 pounds (5.6 Kn) when using a body belt, or
exceeds 2,520 pounds (11.21 Kn) when using a body harness.
(4) Distances. The maximum elongation and deceleration distance
should be recorded during the force test.
(d) Deceleration device tests--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.
(1) Rope-grab-type deceleration devices. (i) Devices should be moved
on a lifeline 1,000 times over the same length of line a distance of not
less than 1 foot (30.48 cm), and the mechanism should lock each time.
(ii) Unless the device is permanently marked to indicate the type of
lifelines which must be used, several types (different diameters and
different materials) of lifelines should be used to test the device.
(2) Other-self-activating-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.
2. Positioning device systems--(a) Test Conditions. (1) The fixed
anchorage should be rigid and should not have a deflection greater than
.04 inches (1.02 mm) when a force of 2,250 pounds (10.01 Kn) is applied.
(2) For lineman's body belts and pole straps, the body belt should
be secured to a 250 pound (113.4 kg) bag of sand at a point which
simulates the waist of an employee. One end of the pole strap should be
attached to the rigid anchorage and the other end to the body belt. The
sand bag should be allowed to free fall a distance of 4 feet (1.22 m).
Failure of the pole strap and body belt should be indicated by any
breakage or slippage sufficient to permit the bag to fall free to the
ground.
(3) For window cleaner's belts, the complete belt should withstand a
drop test consisting of a 250 pound (113.4 kg) weight falling free for a
distance of 6 feet (1.83 m). The weight should be a rigid object with a
girth of 38 inches plus or minus four inches (96.52 cm plus or minus
10.16 cm.) The weight should be placed in the waistband with the belt
buckle drawn firmly against the weight, as when the belt is worn by a
window cleaner. One belt terminal should be attached to a rigid anchor
and the other terminal should hang free. The terminals should be
adjusted to their maximum span. The weight fastened in the freely
suspended belt should then be lifted exactly 6 feet (1.83 m) above its
``at
[[Page 89]]
rest'' position and released so as to permit a free fall of 6 feet (1.83
m) vertically below the point of attachment of the terminal anchor. The
belt system should be equipped with devices and instrumentation capable
of measuring the duration and magnitude of the arrest forces. Any
breakage or slippage which permits the weight to fall free of the system
constitutes failure of the test. In addition, the initial and subsequent
arresting force peaks should be measured and should not exceed 2,000
pounds (8.9 Kn) for more than 2 milliseconds for the initial impact, nor
exceed 1,000 pounds (4.45 Kn) for the remainder of the arrest time.
(4) All other positioning device systems (except for restraint line
systems) should withstand a drop test consisting of a 250-pound (113.4
kg) weight falling free for a distance of 4 feet (1.22 m). The weight
should be a rigid object with a girth of 38 inches plus or minus 4
inches (96.52 cm plus or minus 10.16 cm). The body belt or harness
should be affixed to the test weight as it would be to an employee. The
system should be connected to the rigid anchor in the manner that the
system would be connected in normal use. The weight should be lifted
exactly 4 feet (1.22 m) above its ``at rest'' position and released so
as to permit a vertical free fall of 4 feet (1.22 m). Any breakage or
slippage which permits the weight to fall free to the ground should
constitute failure of the system.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44544, July 3, 2002]
Subpart J_Ship's Machinery and Piping Systems
Sec. 1915.161 Scope and application of subpart.
The standards contained in this subpart shall apply to ship
repairing and shipbuilding and shall not apply to shipbreaking.
Sec. 1915.162 Ship's boilers.
(a) Before work is performed in the fire, steam, or water spaces of
a boiler where employees may be subject to injury from the direct escape
of a high temperature medium such as steam, or water, oil, or other
medium at a high temperature entering from an interconnecting system,
the employer shall insure that the following steps are taken:
(1) The isolation and shutoff valves connecting the dead boiler with
the live system or systems shall be secured, blanked, and tagged
indicating that employees are working in the boiler. This tag shall not
be removed nor the valves unblanked until it is determined that this may
be done without creating a hazard to the employees working in the
boiler, or until the work in the boiler is completed. Where valves are
welded instead of bolted at least two isolation and shutoff valves
connecting the dead boiler with the live system or systems shall be
secured, locked, and tagged.
(2) Drain connections to atmosphere on all of the dead
interconnecting systems shall be opened for visual observation of
drainage.
(3) A warning sign calling attention to the fact that employees are
working in the boilers shall be hung in a conspicuous location in the
engine room. This sign shall not be removed until it is determined that
the work is completed and all employees are out of the boilers.
Sec. 1915.163 Ship's piping systems.
(a) Before work is performed on a valve, fitting, or section of
piping in a piping system where employees may be subject to injury from
the direct escape of steam, or water, oil, or other medium at a high
temperature, the employer shall insure that the following steps are
taken:
(1) The isolation and shutoff valves connecting the dead system with
the live system or systems shall be secured, blanked, and tagged to
indicate that employees are working on the systems. This tag shall not
be removed nor the valves unblanked until it is determined that this may
be done without creating a hazard to the employees working on the
system, or until the work on the system is completed. Where valves are
welded instead of bolted at least two isolation and shutoff valves
connecting the dead system with the live system or systems shall be
secured, locked, and tagged.
(2) Drain connections to the atmosphere on all of the dead
interconnecting systems shall be opened for visual observation of
drainage.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002]
[[Page 90]]
Sec. 1915.164 Ship's propulsion machinery.
(a) Before work is performed on the main engine, reduction gear, or
connecting accessories, the employer shall ensure that the following
steps are taken:
(1) The jacking gear shall be engaged to prevent the main engine
from turning over. A sign shall be posted at the throttle indicating
that the jacking gear is engaged. This sign shall not be removed until
the jacking gear can be safely disengaged.
(2) If the jacking gear is steam driven, the stop valves to the
jacking gear shall be secured, locked, and tagged indicating that
employees are working on the main engine.
(3) If the jacking gear is electrically driven, the circuit
controlling the jacking gear shall be deenergized by tripping the
circuit breaker, opening the switch or removing the fuse, whichever is
appropriate. The breaker, switch, or fuse location shall be tagged
indicating that employees are working on the main engine.
(b) Before the jacking engine is operated, the following precautions
shall be taken:
(1) A check shall be made to ensure that all employees, equipment,
and tools are clear of the engine, reduction gear, and its connecting
accessories.
(2) A check shall be made to ensure that all employees, equipment
and tools are free of the propeller.
(c) Before work is started on or in the immediate vicinity of the
propeller, a warning sign calling attention to the fact that employees
are working in that area shall be hung in a conspicuous location in the
engine room. This sign shall not be removed until it is determined that
the work is completed and all employees are free of the propeller.
(d) Before the main engine is turned over (e.g., when warming up
before departure or testing after an overhaul) a check shall be made to
ensure that all employees, equipment, and tools are free of the
propeller.
Sec. 1915.165 Ship's deck machinery.
(a) Before work is performed on the anchor windlass or any of its
attached accessories, the employer shall ensure that the following steps
are taken:
(1) The devil claws (also known as chain stoppers) shall be made
fast to the anchor chains.
(2) The riding pawls shall be in the engaged position.
(3) In the absence of devil claws and riding pawls, the anchor
chains shall be secured to a suitable fixed structure of the vessel.
[47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002]
Subpart K_Portable, Unfired Pressure Vessels, Drums and Containers,
Other Than Ship's Equipment
Sec. 1915.171 Scope and application of subpart.
The standards contained in this subpart shall apply to ship
repairing and shipbuilding and shall not apply to shipbreaking.
Sec. 1915.172 Portable air receivers and other unfired pressure vessels.
(a) Portable, unfired pressure vessels, built after the effective
date of this regulation, shall be marked and reported indicating that
they have been designed and constructed to meet the standards of the
American Society of Mechanical Engineers Boiler and Pressure Vessel
Code, Section VIII, Rules for Construction of Unfired Pressure Vessels,
1963. They shall be subjected to a hydrostatic pressure test of one and
one-half times the working pressure of the vessels.
(b) Portable, unfired pressure vessels, not built to the code
requirements of paragraph (a) of this section, and built prior to the
effective date of this regulation, shall be examined quarterly by a
competent person. They shall be subjected yearly to a hydrostatic
pressure test of one and one-half times the working pressure of the
vessels.
(c) The relief valves on the portable, unfired pressure vessels in
paragraphs (a) and (b) of this section shall be set to the safe working
pressure of the vessels, or set to the lowest safe working pressure of
the systems, whichever is lower.
[[Page 91]]
(d) A certification record of such examinations and tests made in
compliance with the requirements of paragraphs (a) and (b) of this
section shall be maintained. The certification record shall include the
date of examinations and tests, the signature of the person who
performed the examinations or tests and the serial number, or other
identifier, of the equipment examined and tested.
[47 FR 16986, Apr. 20, 1982, as amended at 51 FR 34562, Sept. 29, 1986;
67 FR 44545, July 3, 2002]
Sec. 1915.173 Drums and containers.
(a) Shipping drums and containers shall not be pressurized to remove
their contents.
(b) A temporarily assembled pressurized piping system conveying
hazardous liquids or gases shall be provided with a relief valve and by-
pass to prevent rupture of the system and the escape of such hazardous
liquids or gases.
(c) Pressure vessels, drums and containers containing toxic or
flammable liquids or gases shall not be stored or used where they are
subject to open flame, hot metal, or other sources of artificial heat.
(d) Unless pressure vessels, drums and containers of 30 gallon
capacity or over containing flammable or toxic liquids or gases are
placed in an out-of-the-way area where they will not be subject to
physical injury from an outside source, barriers or guards shall be
erected to protect them from such physical injury.
(e) Containers of 55 gallons or more capacity containing flammable
or toxic liquid shall be surrounded by dikes or pans which enclose a
volume equal to at least 35 percent of the total volume of the
containers.
(f) Fire extinguishers adequate in number and suitable for the
hazard shall be provided. These extinguishers shall be located in the
immediate area where pressure vessels, drums and containers containing
flammable liquids or gases are stored or in use. Such extinguishers
shall be ready for use at all times.