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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.
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Title 42 through Title 50
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Title 29—
The OMB control numbers for title 29 CFR part 1910 appear in § 1910.8. For the convenience of the user, § 1910.8 appears in the Finding Aids section of the volume containing § 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.
(This book contains parts 1911 to 1925)
(Parts 1911 to 1925)
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.
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 § 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.
As used in this part, unless the context clearly requires otherwise—
(a)
(b)
(c)
(d)
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.
Upon reasonable notice to interested persons, the Assistant Secretary may in any particular proceeding prescribe additional or alternative procedural requirements:
(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.
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.
The Assistant Secretary may promulgate, modify, or revoke a standard applicable to employments in construction work, as defined in § 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
(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 § 1911.11 providing an opportunity for informal hearing.
The Assistant Secretary may promulgate, modify, or revoke a standard applicable to employments other than those in construction work, as defined in § 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,
(b) The Assistant Secretary shall publish in the
(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
(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.
(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
(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 § 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.
(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 § 1911.10 or § 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.
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
(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.
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.
(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
(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 §§ 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.
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.
(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.
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.
(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
(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).
(d) See paragraph (c) of § 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).
No standards advisory committee shall be created if its duties are being, or could be, performed by an existing
(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.
No members of any advisory committee other than members representing employers or employees shall have an economic interest in any proposed rule.
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.
(a)
(b)
(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 § 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)
(d) The Assistant Secretary shall file each charter with the Department's Committee Management Officer.
(a) Any advisory committee appointed by the Assistant Secretary
(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 § 1912.3.
(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.
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.
(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,
(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.
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.
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.
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
(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.
Any person appointed by the Assistant Secretary to an advisory committee has a right to be present at any
(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.
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.
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.
(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.
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.
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.
(a) Approval by a majority of all members of an advisory committee is
(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.
The Assistant Secretary shall provide supporting services to advisory committees. Such services shall include clerical, stenographic, and other forms of technical assistance.
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.
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.
(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.
As used in this part 1912, unless the context clearly requires otherwise:
(a)
(b)(1) For purposes of implementing the Federal Advisory Committee Act, the term
(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)
(d)
(e)
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.
(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.
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.
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
(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.
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.
(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.
Public notice of any meeting of the Committee shall be given by the person calling the meeting in accordance with § 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
(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.
(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.
The meetings of all advisory committees shall be in the presence of an officer or employee of the Federal Government referred to in § 1912a.4. Such officer or employee shall be empowered to adjourn any meeting whenever he determines adjournment to be in the public interest.
(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.
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.
(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
(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.
(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 § 1912a.14 and be filed and addressed as follows:
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.
(a)
(b)
(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
(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 (
(c)
(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)
(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)
(d)
(2)
(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)
(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)
(i)
(ii)
(e)
(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 (
(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)
(g)
(h)
(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
(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)
(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)
(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)
(l)
(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)
(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 (
(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 (
(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.
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.
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).
(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).
(a) The responsibility for compliance with the regulations of this part is placed upon “employers” as defined in § 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
(a) The term
(b) The term
(c) The term
(d) The term
(e) The term
(f) The term
(g) For purposes of § 1915.74, the term
(h) For purposes of § 1915.74, the term
(i) The term
(j) The terms
(k) The term
(l) The term
(m) The term
(n) The term
(o) The term
(p) The term
(q) The term
(r) The term
(s) The term
(t) The term
(u) The term
(v) For purposes of § 1915.97, the term
(1) Has a flash point below 140 °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) Has a single dose oral LD
(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.
(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
(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:
(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 § 1915.72(a)(6).
(ii) ANSI A14.2-1972 Safety Requirements for Portable Metal Ladders, IBR approved for § 1915.72(a)(4).
(iii) ANSI B7.1-1964 Safety Code for the Use, Care, and Protection of Abrasive Wheels, IBR approval for § 1915.134(c)
(iv) ANSI Z87.1-1989 Practice for Occupational and Educational Eye and Face Protection, IBR approved for § 1915.153(b)(1).
(v) ANSI Z87.1-1979 Practice for Occupational and Educational Eye and Face Protection, IBR approved for § 1915.153(b)(2).
(vi) ANSI Z89.1-1986 Personnel Protection—Protective Headgear for Industrial Workers Requirements, IBR approved for § 1915.155(b)(1)
(vii) ANSI Z89.1-1969 Safety Requirement for Industrial Head Protection, IBR approved for § 1915.155(b)(2).
(viii) ANSI Z41-1991 Personal Protection—Protective Footwear, IBR approved for § 1915.156(b)(1)
(ix) ANSI Z41-1983 Personal Protection—Protective Footwear, IBR approved for § 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 § 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 §§ 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 § 1915.505(e)(4)(ii).
(iii) NFPA 1976-2000, Standard on Protective Ensemble for Proximity Fire Fighting, IBR approved for § 1915.505(e)(5).
(iv) NFPA 1982-1998, Standard on Personal Alert Safety Systems (PASS), IBR approved for § 1915.505(e)(6)(ii).
(v) NFPA 1983-2001, Standard on Fire Service Life Safety Rope and System Components, IBR approved for § 1915.505(e)(7)(i).
(vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR approved for §§ 1915.507(b)(1) and (b)(2).
(vii) NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems, IBR approved for §§ 1915.507(b)(2) and (d)(1).
(viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for § 1915.507(c)(6).
(ix) NFPA 13-2002 Standard for the Installation of Sprinkler Systems, IBR approved for § 1915.507(d)(2).
(x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems, IBR approved for § 1915.507(d)(2).
(xi) NFPA 25-2002, Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, IBR approved for § 1915.507(d)(2).
(xii) NFPA 15-2001, Standard for Water Spray Fixed Systems for Fire Protection, IBR approved for § 1915.507(d)(3).
(xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion Foam, IBR approved for § 1915.507(d)(3).
(xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing Systems, IBR approved for § 1915.507(d)(4).
(xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing Systems, IBR approved for § 1915.507(d)(5).
(xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing Systems, IBR approved for § 1915.507(d)(5).
(xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing Systems, IBR approved for § 1915.507(d)(5).
(xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions, IBR approved for § 1915.508(d)(8).
Commerical diving operations shall be subject to subpart T of part 1910, §§ 1910.401-1910.441 of this chapter.
(a)
(b)
(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 §§ 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)
(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)
(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.
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.
(a)
(b)
(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.
(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.
(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.
The employer shall ensure that atmosphereic testing is performed in the following sequence: oxygen content, flammability, toxicity.
(a)
(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.
Other provisions for work in IDLH atmospheres are located in subpart I of this part.
(b)
(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.
Additional provisions for work in IDLH atmospheres are located in subpart I of this part.
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 § 1915.12(c).
(c)
(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.
Other provisions for work in IDLH atmospheres are located in subpart I of this part.
(d)
(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.
(ii) The certification shall be available for inspection by the Assistant Secretary, the Director, employees, and their representatives.
(e)
(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.
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.
The criteria for in-house rescue, listed in paragraph (e)(1) can be used by the employer in evaluating outside rescue services.
(f)
(a)
(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)
(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
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.
(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.
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.
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.”
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.
See § 1915.12(c) of this part and applicable requirements of 29 CFR part 1915, subpart Z for other provisions affecting cleaning and cold work.
(a)
(i) Within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids or gases.
(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 § 1915.12, but are adjacent to spaces containing flammable gases or liquids, with a flash point below 150 °F (65.6 °C) when the distance between such spaces and the work is 25 feet (7.62 m) or greater.
For flammable liquids with flash points above 150 °F (65.6 °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)
(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.
See appendix A of this subpart for additional information relevant to performing hot work safely.
(a)
(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)
(d)
(e)
(f)
(a)
(b)
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.
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.
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.
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.
1.
2.
3.
4.
5.
6.
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.
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.
The standards contained in this subpart shall apply to ship repairing and shipbuilding and shall not apply to shipbreaking.
(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 § 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 § 1915.36.
(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.
(b) When using flammable paint and preservative removers, precautions shall be taken in accordance with the requirements of § 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 § 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.
(a)
(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 § 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)
(2) Flame or heat shall not be used to remove soft and greasy preservative coatings.
(c)
(i)
(ii)
(iii)
(iv)
(2)
(3)
(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.
(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.
(a)
(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 § 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)
(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
(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.
(a) In all cases when liquid solvents, paint and preservative removers, paints or vehicles, other than those covered by § 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.
(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)
(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)
(2) The means of access shall be provided to a confined space and ventilation ducts to this space shall be arranged in accordance with § 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 § 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)
(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 § 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 § 1915.154.
(4) Other employees exposed to the same atmosphere as the welders or
(e)
(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 § 1915.56(e) shall be protected by filter lenses meeting the requirements of § 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 § 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)
(2) Employees performing any type of welding, cutting or heating shall be protected by suitable eye protective equipment in accordance with the requirements of § 1915.153.
(g)
(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
(d)
(2) In the open air, employees shall be protected by a filter type respirator in accordance with the requirements of § 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 § 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.
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.
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a)
(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
(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)
(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)
(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)
(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
(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
(6) If a leak should develop at a fuse plug or other safety device, the cylinder shall be removed from the vessel
(e)
(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)
(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)
(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)
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a)
(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)
(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
(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)
(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)
(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)
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
(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.
(a)
(b)
(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)
(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.
(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 § 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)
(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)
(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
(ii) Ladders over 16 feet long and up to and including those 20 feet long shall have side rails of not less than 1
(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
(ii) Ladders over 12 feet long and up to and including those 16 feet long shall have side rails of not less than 1
(iii) Ladders over 16 feet long and up to and including those 20 feet long shall have side rails of not less than 1
(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
(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,
(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)
(2) The ropes supporting a swinging scaffold shall be equivalent in strength to first-grade
(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
(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 § 1915.118.
(iii) The side rails shall be tied together with tie rods. The tie rods shall be not less than
(iv) The rungs shall be of straight-grained oak, ash, or hickory, not less than 1
(v) Flooring strips shall be spaced no more than
(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 2×10 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 1×6 inch lumber, nailed on their undersides at intervals of not more than 4 feet.
(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 2×6 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 2×6 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
(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)
(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)
(i)
(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 § 1915.118 shall be used as a guide in determining safe loads for scaffold planks.
(j)
(2) Rails shall be of 2×4 inch lumber, flat bar or pipe. When used with rigid
(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 §§ 1915.159 and 1915.160, and employees working over water shall be protected by buoyant work vests meeting the requirements of § 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 1×4 inch lumber shall be provided.
(k)
(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 § 1915.72 or a Jacob's ladder properly secured, meeting the requirements of § 1915.74(d).
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a)
(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 § 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 § 1915.5).
(b)
(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
(4) Pitch pockets not exceeding
(5) The width between side rails at the base shall be not less than 11
(6) Side rails shall be at least 1
(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
(8) Cleats 20 inches or less in length shall be at least 25/32×3 inches in cross section. Cleats over 20 inches but not more than 30 inches in length shall be at least 25/32×3
(c)
(i) Rails shall be of not less than 2×6 inch lumber.
(ii) Cleats shall be of not less than 1×4 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.
(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 § 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 § 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.
(a)
(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)
(c)
(2) Unless employees can step safely to or from the wharf, float, barge, or river towboat, either a ramp meeting the requirements of paragraph (c)(1) of this section or a safe walkway meeting the requirements of paragraph (a)(7) of this section shall be provided. 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.
(d)
(2) A Jacob's ladder shall either hang without slack from its lashings or be pulled up entirely.
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 § 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 § 1915.71(j) (1) and (2).
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)
(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 § 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)
(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.
(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 §§ 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 § 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 § 1915.158(a).
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.
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.
(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 § 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 § 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.
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)
(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)
(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)
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking. When any work is performed in a confined space, except
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.
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.
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 § 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.
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
(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:
(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.
(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).
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 §§ 1915.112 and 1915.113 shall not be exceeded.
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a)
(b)
(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 § 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)
(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 § 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.
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a)
(b)
(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.
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.
The provisions of this section shall apply to ship repairing, shipbuilding and shipbreaking.
(a)
(b) The moving parts of hoisting and hauling equipment shall be guarded.
(c)
(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)
(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.
(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.
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.
The provisions of this section apply to ship repairing, shipbuilding and shipbreaking.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.178(l) of this chapter.
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.
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.
(e) The employer shall notify the officer in charge of the vessel before using electric power tools operated with the vessel's current.
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.
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
(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
(a) The section shall apply to ship repairing and shipbuilding only.
(b)
(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
(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)
(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.
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.
(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.
(a)
(b)
(a)
(b)
(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.
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.
Non-mandatory appendix A to this subpart contains examples of procedures that will comply with the requirement for an occupational hazard assessment.
(c)
(d)
(e)
(i) When PPE is necessary;
(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.
(a)
(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, § 1915.153.
(b)
(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 § 1915.5, or shall be demonstrated by the employer to be equally effective.
Respiratory protection for shipyard employment is covered by 29 CFR 1910.134.
(a)
(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)
(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.
(a)
(b)
(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 § 1915.5, or shall be demonstrated by the employer to be equally effective.
(a)
(b)
(c)
(a)
(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)
(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
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)
(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)
(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
(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;
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)
(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)
Positioning device systems and their use shall conform to the following provisions:
(a)
(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)
(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.
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)
(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)
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:
b.
(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.
d.
4.
(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.
6.
(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.
8.
(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 § 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.
(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.
(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.
(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.
(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.
1.
(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)
(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)
(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)
(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)
(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.
(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
(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.
The standards contained in this subpart shall apply to ship repairing and shipbuilding and shall not apply to shipbreaking.
(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.
(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.
(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.
(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.
The standards contained in this subpart shall apply to ship repairing and shipbuilding and shall not apply to shipbreaking.
(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.
(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.
(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.
(a) The provisions of this section shall apply to ship repairing and shipbuilding and shall not apply to shipbreaking.
(b) Before an employee is permitted to work on an electrical circuit, except when the circuit must remain energized for testing and adjusting, the circuit shall be deenergized and checked at the point at which the work is to be done to insure that it is actually deenergized. When testing or adjusting an energized circuit a rubber mat, duck board, or other suitable insulation shall be used underfoot where an insulated deck does not exist.
(c) Deenergizing the circuit shall be accomplished by opening the circuit breaker, opening the switch, or removing the fuse, whichever method is appropriate. The circuit breaker, switch, or fuse location shall be tagged to indicate that an employee is working on the circuit. Such tags shall not be removed nor the circuit energized until it is definitely determined that the work on the circuit has been completed.
(d) When work is performed immediately adjacent to an open-front energized board or in back of an energized board, the board shall be covered or some other equally safe means shall be used to prevent contact with any of the energized parts.
(a)
(b)
(c)
(d)
(i) Inform all employers at the worksite about the content of the fire safety plan including hazards, controls, fire safety and health rules, and emergency procedures;
(ii) Make sure the safety and health responsibilities for fire protection are assigned as appropriate to other employers at the worksite; and
(iii) If there is more than one host employer, each host employer must communicate relevant information about fire-related hazards to other host employers. When a vessel owner or operator (temporarily) becomes a host shipyard employer by directing the work of ships' crews on repair or modification of the vessel or by hiring other contractors directly, the vessel owner or operator must also comply with these provisions for host employers.
(2)
(i) Make sure that the host employer knows about the fire-related hazards associated with the contract employer's work and what the contract employer is doing to address them; and
(ii) Advise the host employer of any previously unidentified fire-related hazards that the contract employer identifies at the worksite.
(a)
(b)
(1) Identification of the significant fire hazards;
(2) Procedures for recognizing and reporting unsafe conditions;
(3) Alarm procedures;
(4) Procedures for notifying employees of a fire emergency;
(5) Procedures for notifying fire response organizations of a fire emergency;
(6) Procedures for evacuation;
(7) Procedures to account for all employees after an evacuation; and
(8) Names, job titles, or departments for individuals who can be contacted for further information about the plan.
(c)
(1) Within 90 days of December 14, 2004, for employees who are currently working;
(2) Upon initial assignment for new employees; and
(3) When the actions the employee must take under the plan change because of a change in duties or a change in the plan.
(d)
(1) Keep the plan accessible to employees, employee representatives, and OSHA;
(2) Review and update the plan whenever necessary, but at least annually;
(3) Document that affected employees have been informed about the plan as required by paragraph (c) of this section; and
(4) Ensure any outside fire response organization that the employer expects to respond to fires at the employer's worksite has been given a copy of the current plan.
(e)
(a)
(2)
(ii) The employer shall authorize employees to perform hot work only in areas that are free of fire hazards, or that have been controlled by physical isolation, fire watches, or other positive means.
The requirements of paragraph (a)(2) apply to all hot work operations in shipyard employment except those covered by § 1915.14.
(b)
(2)
(i) No unattended fuel gas and oxygen hose lines or torches are in confined spaces;
(ii) No unattended charged fuel gas and oxygen hose lines or torches are in enclosed spaces for more than 15 minutes; and
(iii) All fuel gas and oxygen hose lines are disconnected at the supply manifold at the end of each shift;
(iv) All disconnected fuel gas and oxygen hose lines are rolled back to the supply manifold or to open air to disconnect the torch; or extended fuel gas and oxygen hose lines are not reconnected at the supply manifold unless the lines are given a positive means of identification when they were first connected and the lines are tested using a drop test or other positive means to ensure the integrity of fuel gas and oxygen burning system.
(a)
(1) The training employees must be given (§ 1915.508(c) contains detailed fire watch training requirements);
(2) The duties employees are to perform;
(3) The equipment employees must be given; and
(4) The personal protective equipment (PPE) that must be made available and worn as required by 29 CFR Part 1915, Subpart I.
(b)
(1) Slag, weld splatter, or sparks might pass through an opening and cause a fire;
(2) Fire-resistant guards or curtains are not used to prevent ignition of combustible materials on or near decks, bulkheads, partitions, or overheads;
(3) Combustible material closer than 35 ft. (10.7m) to the hot work in either the horizontal or vertical direction cannot be removed, protected with flame-proof covers, or otherwise shielded with metal or fire-resistant guards or curtains;
(4) The hot work is carried out on or near insulation, combustible coatings, or sandwich-type construction that cannot be shielded, cut back, or removed, or in a space within a sandwich type construction that cannot be inerted;
(5) Combustible materials adjacent to the opposite sides of bulkheads, decks, overheads, metal partitions, or sandwich-type construction may be ignited by conduction or radiation;
(6) The hot work is close enough to cause ignition through heat radiation or conduction on the following:
(i) Insulated pipes, bulkheads, decks, partitions, or overheads; or
(ii) Combustible materials and/or coatings;
(7) The work is close enough to unprotected combustible pipe or cable runs to cause ignition; or
(8) A Marine Chemist, a Coast Guard-authorized person, or a shipyard Competent Person, as defined in 29 CFR Part 1915, Subpart B, requires that a fire watch be posted.
(c)
(2) Employers must ensure that employees assigned to fire watch duty:
(i) Have a clear view of and immediate access to all areas included in the fire watch;
(ii) Are able to communicate with workers exposed to hot work;
(iii) Are authorized to stop work if necessary and restore safe conditions within the hot work area;
(iv) Remain in the hot work area for at least 30 minutes after completion of the hot work, unless the employer or its representative surveys the exposed area and makes a determination that there is no further fire hazard;
(v) Are trained to detect fires that occur in areas exposed to the hot work;
(vi) Attempt to extinguish any incipient stage fires in the hot work area that are within the capability of available equipment and within the fire watch's training qualifications, as defined in § 1915.508;
(vii) Alert employees of any fire beyond the incipient stage; and
(viii) If unable to extinguish fire in the areas exposed to the hot work, activate the alarm.
(3) The employer must ensure that employees assigned to fire watch are physically capable of performing these duties.
(a)
(1) Decide what type of response will be provided and who will provide it; and
(2) Create, maintain, and update a written policy that:
(i) Describes the internal and outside fire response organizations that the employer will use; and
(ii) Defines what evacuation procedures employees must follow, if the employer chooses to require a total or partial evacuation of the worksite at the time of a fire.
(b)
(i) The basic structure of the fire response organization;
(ii) The number of trained fire response employees;
(iii) The fire response functions that may need to be carried out;
(iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each type of fire response at the employer's facility;
(v) The type, amount, and frequency of training that must be given to fire response employees; and
(vi) The procedures for using protective clothing and equipment.
(2)
(i) The types of fire suppression incidents to which the fire response organization is expected to respond at the employer's facility or worksite;
(ii) The liaisons between the employer and the outside fire response organizations; and
(iii) A plan for fire response functions that:
(A) Addresses procedures for obtaining assistance from the outside fire response organization;
(B) Familiarizes the outside fire response organization with the layout of the employer's facility or worksite, including access routes to controlled areas, and site-specific operations, occupancies, vessels or vessel sections, and hazards; and,
(C) Sets forth how hose and coupling connection threads are to be made compatible and includes where the adapter couplings are kept; or
(D) States that the employer will not allow the use of incompatible hose connections.
(3)
(i) The basic organizational structure of the combined fire response;
(ii) The number of combined trained fire responders;
(iii) The fire response functions that may need to be carried out;
(iv) The minimum number of fire response employees necessary, the number and types of apparatuses, and a description of the fire suppression operations established by written standard operating procedures for each particular type of fire response at the worksite; and
(v) The type, amount, and frequency of joint training with outside fire response organizations if given to fire response employees.
(4)
(i) Emergency escape procedures;
(ii) Procedures to be followed by employees who may remain longer at the worksite to perform critical shipyard employment operations during the evacuation;
(iii) Procedures to account for all employees after emergency evacuation is completed;
(iv) The preferred means of reporting fires and other emergencies; and
(v) Names or job titles of the employees or departments to be contacted for further information or explanation of duties.
(5)
(i) A description of the emergency rescue procedures; and
(ii) Names or job titles of the employees who are assigned to perform them.
(c)
(1) All fire response employees receive medical examinations to assure that they are physically and medically fit for the duties they are expected to perform;
(2) Fire response employees, who are required to wear respirators in performing their duties, meet the medical requirements of § 1915.154;
(3) Each fire response employee has an annual medical examination; and
(4) The medical records of fire response employees are kept in accordance with § 1915.1020.
(d)
(1) Organize fire response functions to ensure enough resources to conduct emergency operations safely;
(2) Establish lines of authority and assign responsibilities to ensure that the components of the internal fire response are accomplished;
(3) Set up an incident management system to coordinate and direct fire response functions, including:
(i) Specific fire emergency responsibilities;
(ii) Accountability for all fire response employees participating in an emergency operation; and
(iii) Resources offered by outside organizations; and
(4) Provide the information required in this paragraph (d) to the outside fire response organization to be used.
(e)
(i) Supply to all fire response employees, at no cost, the appropriate personal protective clothing and equipment they may need to perform expected duties; and
(ii) Ensure that fire response employees wear the appropriate personal protective clothing and use the equipment, when necessary, to protect them from hazardous exposures.
(2)
(i) Ensure that each fire response employee exposed to the hazards of flame does not wear clothing that could increase the extent of injury that could be sustained; and
(ii) Prohibit wearing clothing made from acetate, nylon, or polyester, either alone or in blends, unless it can be shown that:
(A) The fabric will withstand the flammability hazard that may be encountered; or
(B) The clothing will be worn in such a way to eliminate the flammability hazard that may be encountered.
(3)
(i) Provide self-contained breathing apparatus (SCBA) to all fire response employees involved in an emergency operation in an atmosphere that is immediately dangerous to life or health (IDLH), potentially IDLH, or unknown;
(ii) Provide SCBA to fire response employees performing emergency operations during hazardous chemical emergencies that will expose them to known hazardous chemicals in vapor form or to unknown chemicals;
(iii) Provide fire response employees who perform or support emergency operations that will expose them to hazardous chemicals in liquid form either:
(A) SCBA, or
(B) Respiratory protective devices certified by the National Institute for Occupational Safety and Health (NIOSH) under 42 CFR Part 84 as suitable for the specific chemical environment;
(iv) Ensure that additional outside air supplies used in conjunction with SCBA result in positive pressure systems that are certified by NIOSH under 42 CFR Part 84;
(v) Provide only SCBA that meet the requirements of NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services (incorporated by reference, see § 1915.5); and
(vi) Ensure that the respiratory protection program and all respiratory protection equipment comply with § 1915.154.
(4)
(i) Supply at no cost to all fire response employees exposed to the hazards of shipyard fire response, a helmet, gloves, footwear, and protective hoods, and either a protective coat and trousers or a protective coverall; and
(ii) Ensure that this equipment meets the applicable recommendations in NFPA 1971-2000 Standard on Protective Ensemble for Structural Fire Fighting (incorporated by reference, see § 1915.5).
(5)
(6)
(i) Provide each fire response employee involved in firefighting operations with a PASS device; and
(ii) Ensure that each PASS device meets the recommendations in NFPA 1982-1998 Standard on Personal Alert Safety Systems (PASS), (incorporated by reference, see § 1915.5).
(7)
(i) All life safety ropes, body harnesses, and hardware used by fire response employees for emergency operations meet the applicable recommendations in NFPA 1983-2001, Standard on Fire Service Life Safety Rope and System Components (incorporated by reference, see § 1915.5);
(ii) Fire response employees use only Class I body harnesses to attach to ladders and aerial devices; and
(iii) Fire response employees use only Class II and Class III body harnesses for fall arrest and rappelling operations.
(f)
(2)
(i) Keep fire response equipment in a state of readiness;
(ii) Standardize all fire hose coupling and connection threads throughout the facility and on vessels and vessel sections by providing the same type of hose coupling and connection threads for hoses of the same or similar diameter; and
(iii) Ensure that either all fire hoses and coupling connection threads are the same within a facility or vessel or vessel section as those used by the outside fire response organization, or supply suitable adapter couplings if such
(a)
(b)
(1) Physically isolate the systems or use other positive means to prevent the systems' discharge; or
(2) Ensure employees are trained to recognize:
(i) Systems' discharge and evacuation alarms and the appropriate escape routes; and
(ii) Hazards associated with the extinguishing systems and agents including the dangers of disturbing system components and equipment such as piping, cables, linkages, detection devices, activation devices, and alarm devices.
(c)
(d)
(1) Take protective measures to ensure that all doors, hatches, scuttles, and other exit openings remain working and accessible for escape in the event the systems are activated; and
(2) Ensure that all inward opening doors, hatches, scuttles, and other potential barriers to safe exit are removed, locked open, braced, or otherwise secured so that they remain open and accessible for escape if systems' activation could result in a positive pressure in the protected spaces sufficient to impede escape.
(e)
(2) When testing a fixed extinguishing system does not involve a total discharge of the systems extinguishing medium, the employer must make sure that the system's extinguishing medium is physically isolated and that all employees not directly involved in the testing are evacuated from the protected space.
(f)
(g)
(1) Only authorized employees are allowed to activate the system;
(2) Authorized employees are trained to operate and activate the systems; and
(3) All employees are evacuated from the protected spaces, and accounted for, before the fixed manual extinguishing system is activated.
(a)
(b)
(2) The employer is permitted to use Class II or Class III hose systems, in accordance with NFPA 10-2002 (incorporated by reference, see § 1915.5), as
(c)
(1) Ensure that any fixed extinguishing system component or extinguishing agent is approved by an OSHA Nationally Recognized Testing Laboratory, meeting the requirements of 29 CFR 1910.7, for use on the specific hazards the employer expects it to control or extinguish;
(2) Notify employees and take the necessary precautions to ensure employees are safe from fire if for any reason a fire extinguishing system stops working, until the system is working again;
(3) Ensure all repairs to fire extinguishing systems and equipment are done by a qualified technician or mechanic;
(4) Provide and ensure employees use proper personal protective equipment when entering discharge areas in which the atmosphere remains hazardous to employee safety or health, or provide safeguards to prevent employees from entering those areas. See § 1915.12 for additional requirements applicable to safe entry into spaces containing dangerous atmospheres;
(5) Post hazard warning or caution signs at both the entrance to and inside of areas protected by fixed extinguishing systems that use extinguishing agents in concentrations known to be hazardous to employee safety or health; and
(6) Select, install, inspect, maintain, and test all automatic fire detection systems and emergency alarms according to NFPA 72-2002 National Fire Alarm Code (incorporated by reference, see § 1915.5)
(d)
(1) Standpipe and hose systems according to NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems (incorporated by reference, see § 1915.5);
(2) Automatic sprinkler systems according to NFPA 25-2002 Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems, (incorporated by reference, see § 1915.5), and either (i) NFPA 13-2002 Standard for the Installation of Sprinkler Systems (incorporated by reference, see § 1915.5), or (ii) NFPA 750-2003 Standard on Water Mist Fire Protection Systems (incorporated by reference, see § 1915.5);
(3) Fixed extinguishing systems that use water or foam as the extinguishing agent according to NFPA 15-2001 Standard for Water Spray Fixed Systems for Fire Protection (incorporated by reference, see § 1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion Foam (incorporated by reference, see § 1915.5);
(4) Fixed extinguishing systems using dry chemical as the extinguishing agent according to NFPA 17-2002 Standard for Dry Chemical Extinguishing Systems (incorporated by reference, see § 1915.5); and
(5) Fixed extinguishing systems using gas as the extinguishing agent according to NFPA 12-2005 Standard on Carbon Dioxide Extinguishing Systems (incorporated by reference, see § 1915.5); NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems (incorporated by reference, see § 1915.5); and NFPA 2001-2004 Standard on Clean Agent Fire Extinguishing Systems (incorporated by reference, see § 1915.5).
(a) The employer must train employees in the applicable requirements of this section:
(1) Within 90 days of December 14, 2004, for employees currently working;
(2) Upon initial assignment for new employees; and
(3) When necessary to maintain proficiency for employees previously trained.
(b)
(1) The emergency alarm signals, including system discharge alarms and employee evacuation alarms; and
(2) The primary and secondary evacuation routes that employees must use in the event of a fire in the workplace. While all vessels and vessel sections must have a primary evacuation route, a secondary evacuation route is not required when impracticable.
(c)
(1) The general principles of using fire extinguishers or hose lines, the hazards involved with incipient firefighting, and the procedures used to reduce these hazards;
(2) The hazards associated with fixed and portable fire protection systems that employees may use or to which they may be exposed during discharge of those systems; and
(3) The activation and operation of fixed and portable fire protection systems that the employer expects employees to use in the workplace.
(d)
(1) Have a written training policy stating that fire response employees must be trained and capable of carrying out their duties and responsibilities at all times;
(2) Keep written standard operating procedures that address anticipated emergency operations and update these procedures as necessary;
(3) Review fire response employee training programs and hands-on sessions before they are used in fire response training to make sure that fire response employees are protected from hazards associated with fire response training;
(4) Provide training for fire response employees that ensures they are capable of carrying out their duties and responsibilities under the employer's standard operating procedures;
(5) Train new fire response employees before they engage in emergency operations;
(6) At least quarterly, provide training on the written operating procedures to fire response employees who are expected to fight fires;
(7) Use qualified instructors to conduct the training;
(8) Conduct any training that involves live fire response exercises in accordance with NFPA 1403-2002 Standard on Live Fire Training Evolutions (incorporated by reference, see § 1915.5);
(9) Conduct semi-annual drills according to the employer's written procedures for fire response employees that cover site-specific operations, occupancies, buildings, vessels and vessel sections, and fire-related hazards; and
(10) Prohibit the use of smoke generating devices that create a dangerous atmosphere in training exercises.
(e)
(i) Before being assigned to fire watch duty;
(ii) Whenever there is a change in operations that presents a new or different hazard;
(iii) Whenever the employer has reason to believe that the fire watch's knowledge, skills, or understanding of the training previously provided is inadequate; and
(iv) Annually.
(2) The employer must ensure that each employee who stands fire watch duty is trained in:
(i) The basics of fire behavior, the different classes of fire and of extinguishing agents, the stages of fire, and methods for extinguishing fires;
(ii) Extinguishing live fire scenarios whenever allowed by local and federal law;
(iii) The recognition of the adverse health effects that may be caused by exposure to fire;
(iv) The physical characteristics of the hot work area;
(v) The hazards associated with fire watch duties;
(vi) The personal protective equipment (PPE) needed to perform fire watch duties safely;
(vii) The use of PPE;
(viii) The selection and use of any fire extinguishers and fire hoses likely to be used by a fire watch in the work area;
(ix) The location and use of barriers;
(x) The means of communication designated by the employer for fire watches;
(xi) When and how to start fire alarm procedures; and
(xii) The employer's evacuation plan.
(3) The employer must ensure that each fire watch is trained to alert others to exit the space whenever:
(i) The fire watch perceives an unsafe condition;
(ii) The fire watch perceives that a worker performing hot work is in danger;
(iii) The employer or a representative of the employer orders an evacuation; or
(iv) An evacuation signal, such as an alarm, is activated.
(f)
(1) The employer must ensure that the records include the employee's name; the trainer's name; the type of training; and the date(s) on which the training took place.
(2) The employer must keep each training record for one year from the time it was made or until it is replaced with a new training record, whichever is shorter, and make it available for inspection and copying by OSHA on request.
This appendix is non-mandatory and provides guidance to assist employers in establishing a Fire Safety Plan as required in § 1915.502.
The purpose of this fire safety plan is to inform our employees of how we will control and reduce the possibility of fire in the workplace and to specify what equipment employees may use in case of fire.
A. Measures to contain fires.
B. Teaching selected employees how to use fire protection equipment.
C. What to do if you discover a fire.
D. Potential ignition sources for fires and how to control them.
E. Types of fire protection equipment and systems that can control a fire.
F. The level of firefighting capability present in the facility, vessel, or vessel section.
G. Description of the personnel responsible for maintaining equipment, alarms, and systems that are installed to prevent or control fire ignition sources, and to control fuel source hazards.
A. A demonstration of alarm procedures, if more than one type exists.
B. The work site emergency alarm system.
C. Procedures for reporting fires.
A. Emergency escape procedures and route assignments.
B. Procedures to account for all employees after completing an emergency evacuation.
C. What type of evacuation is needed and what the employee's role is in carrying out the plan.
D. Helping physically impaired employees.
Names, job titles, or departments of individuals who can be contacted for further information about this plan.
Wherever this section applies, an employees's exposure to any substance listed in Table Z—Shipyards of this section shall be limited in accordance with the requirements of the following paragraphs of this section.
(a)(1)
(2)
(b)-(c) [Reserved]
(d)
(1)(i) The cumulative exposure for an 8-hour work shift shall be computed as follows:
(ii) To illustrate the formula prescribed in paragraph (d)(1)(i) of this section, assume that Substance A has an 8-hour time weighted average limit of 100 ppm noted in Table Z—Shipyards. Assume that an employee is subject to the following exposure:
Substituting this information in the formula, we have
Since 81.25 ppm is less than 100 ppm, the 8-hour time weighted average limit, the exposure is acceptable.
(2)(i) in case of a mixture of air contaminants an employer shall compute the equivalent exposure as follows:
(ii) To illustrate the formula prescribed in paragraph (d)(2)(i) of this section, consider the following exposures:
(a)
(1) Demolition or salvage of structures, vessels, and vessel sections where asbestos is present;
(2) Removal or encapsulation of materials containing asbestos;
(3) Construction, alteration, repair, maintenance, or renovation of vessels, vessel sections, structures, substrates, or portions thereof, that contain asbestos;
(4) Installation of products containing asbestos;
(5) Asbestos spill/emergency cleanup; and
(6) Transportation, disposal, storage, containment of and housekeeping activities involving asbestos or products containing asbestos, on the site or location at which construction activities are performed.
(7) Coverage under this standard shall be based on the nature of the work operation involving asbestos exposure.
(8) This section does not apply to asbestos-containing asphalt roof cements, coatings and mastics.
(b)
(c)
(2)
(d)
(2) Asbestos hazards at a multi-employer worksite shall be abated by the contractor who created or controls the source of asbestos contamination. For example, if there is a significant breach of an enclosure containing Class I work, the employer responsible for erecting the enclosure shall repair the breach immediately.
(3) In addition, all employers of employees exposed to asbestos hazards shall comply with applicable protective provisions to protect their employees. For example, if employees working immediately adjacent to a Class I asbestos job are exposed to asbestos due to
(4) All employers of employees working adjacent to regulated areas established by another employer on a multi-employer worksite shall take steps on a daily basis to ascertain the integrity of the enclosure and/or the effectiveness of the control method relied on by the primary asbestos contractor to assure that asbestos fibers do not migrate to such adjacent areas.
(5) All general contractors on a shipyard project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos “qualified person” as defined by paragraph (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary.
(e)
(2)
(3)
(4)
(5)
(6)
(f)
(ii) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee.
(iii) Representative 8-hour TWA employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for employees in each work area. Representative 30-minute short-term employee exposures shall be determined on the basis of one or more samples representing 30 minute exposures associated with operations that are most likely to produce exposures above the excursion limit for employees in each work area.
(2)
(ii)
(iii)
(A) Objective data demonstrating that the product or material containing asbestos minerals or the activity involving such product or material cannot release airborne fibers in concentrations exceeding the TWA and excursion limit under those work conditions having the greatest potential for releasing asbestos; or
(B) Where the employer has monitored prior asbestos jobs for the PEL and the excursion limit within 12 months of the current or projected job, the monitoring and analysis were performed in compliance with the asbestos standard in effect; and the data were obtained during work operations conducted under workplace conditions “closely resembling” the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the operations were conducted by employees whose training and experience are no more extensive than that of employees performing the current job, and these data show that under the conditions prevailing and which will prevail in the current workplace there is a high degree of certainty that employee exposures will not exceed the TWA and excursion limit; or
(C) The results of initial exposure monitoring of the current job made from breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee covering operations which are most likely during the performance of the entire asbestos job to result in exposures over the PELs.
(3)
(ii)
(iii)
(4)
(ii)
(5)
(6)
(ii) When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer shall be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.
(g)
(i) Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except as provided in paragraph (g)(8)(ii) of this section in the case of roofing material;
(ii) Wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provided in paragraph (g)(8)(ii) of this section; and
(iii) Prompt clean-up and disposal of wastes and debris contaminated with asbestos in leak-tight containers except in roofing operations, where the procedures specified in paragraph (g)(8)(ii) of this section apply.
(2) In addition to the requirements of paragraph (g)(1) of this section above, the employer shall use the following control methods to achieve compliance with the TWA permissible exposure limit and excursion limit prescribed by paragraph (c) of this section;
(i) Local exhaust ventilation equipped with HEPA filter dust collection systems;
(ii) Enclosure or isolation of processes producing asbestos dust;
(iii) Ventilation of the regulated area to move contaminated air away from the breathing zone of employees and toward a filtration or collection device equipped with a HEPA filter;
(iv) Use of other work practices and engineering controls that the Assistant Secretary can show to be feasible.
(v) Wherever the feasible engineering and work practice controls described above are not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit prescribed in paragraph (c) of this section, the employer shall use them to reduce employee exposure to the lowest levels attainable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of paragraph (h) of this section.
(3)
(i) High-speed abrasive disc saws that are not equipped with point of cut ventilator or enclosures with HEPA filtered exhaust air.
(ii) Compressed air used to remove asbestos, or materials containing asbestos, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air.
(iii) Dry sweeping, shoveling or other dry clean-up of dust and debris containing ACM and PACM.
(iv) Employee rotation as a means of reducing employee exposure to asbestos.
(4)
(i) All Class I work, including the installation and operation of the control system shall be supervised by a qualified person as defined in paragraph (b) of this section;
(ii) For all Class I jobs involving the removal of more than 25 linear or 10 square feet of TSI or surfacing ACM or PACM; for all other Class I jobs, where the employer cannot produce a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, or where employees are working in areas adjacent to the regulated area, while the Class I work is being performed, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:
(A) Critical barriers shall be placed over all the openings to the regulated area, except where activities are performed outdoors; or
(B) The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area surveillance during each work shift at each boundary of the regulated area, showing no visible asbestos dust; and perimeter area monitoring showing that clearance levels contained in 40 CFR part 763, subpart E of the EPA Asbestos in Schools Rule are met, or that perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more than background levels representing the same area before the asbestos work began. The results of such monitoring shall be made known to the employer no later than 24 hours from the end of the work shift represented by such monitoring. Exception: For work completed outdoors where employees are not working in areas adjacent to the regulated areas, this paragraph (g)(4)(ii) is satisfied when the specific control methods in paragraph (g)(5) of this section are used.
(iii) For all Class I jobs, HVAC systems shall be isolated in the regulated area by sealing with a double layer of 6 mil plastic or the equivalent;
(iv) For all Class I jobs, impermeable dropcloths shall be placed on surfaces beneath all removal activity;
(v) For all Class I jobs, all objects within the regulated area shall be covered with impermeable dropcloths or plastic sheeting which is secured by duct tape or an equivalent.
(vi) For all Class I jobs where the employer cannot produce a negative exposure assessment or where exposure monitoring shows the PELs are exceeded, the employer shall ventilate the regulated area to move contaminated air away from the breathing zone of employees toward a HEPA filtration or collection device.
(5)
(i)
(A)
(
(
(
(
(B)
(
(ii) Glove bag systems may be used to remove PACM and/or ACM from straight runs of piping and elbows and other connections with the following specifications and work practices:
(A)
(
(B)
(
(
(
(
(
(
(
(
(iii)
(A)
(B)
(
(
(iv)
(A)
(
(
(
(
(
(
(B)
(
(
(
(v)
(A)
(
(
(B)
(
(
(
(vi) A small walk-in enclosure which accommodates no more than two persons (mini-enclosure) may be used if the disturbance or removal can be completely contained by the enclosure, with the following specifications and work practices.
(A)
(
(B)
(
(
(6)
(i) The control method shall enclose, contain or isolate the processes or source of airborne asbestos dust, or otherwise capture or redirect such dust before it enters the breathing zone of employees.
(ii) A certified industrial hygienist or licensed professional engineer who is also qualified as a project designer as defined in paragraph (b) of this section, shall evaluate the work area, the projected work practices and the engineering controls and shall certify in writing that: the planned control method is adequate to reduce direct and indirect employee exposure to below the PELs under worst-case conditions of use, and that the planned control method will prevent asbestos contamination outside the regulated area, as measured by clearance sampling which meets the requirements of EPA's Asbestos in Schools Rule issued under AHERA, or perimeter monitoring which meets the criteria in paragraph (g)(4)(ii)(B) of this section.
(A) Where the TSI or surfacing material to be removed is 25 linear or 10 square feet or less , the evaluation required in paragraph (g)(6) of this section may be performed by a “qualified person”, and may omit consideration
(B) The evaluation of employee exposure required in paragraph (g)(6) of this section, shall include and be based on sampling and analytical data representing employee exposure during the use of such method under worst-case conditions and by employees whose training and experience are equivalent to employees who are to perform the current job.
(7)
(ii) For all indoor Class II jobs, where the employer has not produced a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area;
(A) Critical barriers shall be placed over all openings to the regulated area; or,
(B) The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area monitoring or clearance monitoring which meets the criteria set out in paragraph (g)(4)(ii)(B) of this section.
(C) Impermeable dropcloths shall be placed on surfaces beneath all removal activity;
(iii) [Reserved]
(iv) All Class II asbestos work shall be performed using the work practices and requirements set out above in paragraph (g)(1)(i) through (g)(1)(iii) of this section.
(8)
(i) For removing vinyl and asphalt flooring/deck materials which contain ACM or for which in buildings constructed not later than 1980, the employer has not verified the absence of ACM pursuant to paragraph (g)(8)(i)(I): the employer shall ensure that employees comply with the following work practices and that employees are trained in these practices pursuant to paragraph (k)(9) of this section:
(A) Flooring/deck materials or its backing shall not be sanded.
(B) Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) shall be used to clean floors.
(C) Resilient sheeting shall be removed by cutting with wetting of the snip point and wetting during delamination. Rip-up of resilient sheet floor material is prohibited.
(D) All scraping of residual adhesive and/or backing shall be performed using wet methods.
(E) Dry sweeping is prohibited.
(F) Mechanical chipping is prohibited unless performed in a negative pressure enclosure which meets the requirements of paragraph (g)(5)(i) of this section.
(G) Tiles shall be removed intact, unless the employer demonstrates that intact removal is not possible.
(H) When tiles are heated and can be removed intact, wetting may be omitted.
(I) Resilient flooring/deck material in buildings/vessels constructed no later than 1980, including associated mastic and backing shall be assumed to be asbestos-containing unless an industrial hygienist determines that it is asbestos-free using recognized analytical techniques.
(ii) For removing roofing material which contains ACM the employer shall ensure that the following work practices are followed:
(A) Roofing material shall be removed in an intact state to the extent feasible.
(B) Wet methods shall be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards.
(C) Cutting machines shall be continuously misted during use, unless a competent person determines that misting substantially decreases worker safety.
(D) When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting from the cutting operation shall be collected by a HEPA dust collector, or shall be HEPA vacuumed by vacuuming along the cut line. When removing built-up roofs with asbestos-containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the cutting operation shall be collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still-wet dust and debris left along the cut line. The dust and debris shall be immediately bagged or placed in covered containers.
(E) Asbestos-containing material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dust-tight chute, crane or hoist:
(
(
(F) Upon being lowered, unwrapped material shall be transferred to a closed receptacle in such manner so as to preclude the dispersion of dust.
(G) Roof level heating and ventilation air intake sources shall be isolated or the ventilation system shall be shut down.
(H) Notwithstanding any other provision of this section, removal or repair of sections of intact roofing less than 25 square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material non-intact are used to remove the material and no visible dust is created by the removal method used. In determining whether a job involves less than 25 square feet, the employer shall include all removal and repair work performed on the same roof on the same day.
(iii) When removing cementitious asbestos-containing siding and shingles or transite panels containing ACM on building exteriors (other than roofs, where paragraph (g)(8)(ii) of this section applies) the employer shall ensure that the following work practices are followed:
(A) Cutting, abrading or breaking siding, shingles, or transite panels shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used.
(B) Each panel or shingle shall be sprayed with amended water prior to removal.
(C) Unwrapped or unbagged panels or shingles shall be immediately lowered to the ground via a covered dust-tight chute, crane or hoist, or be placed in an impervious waste bag or wrapped in plastic sheeting and lowered to the ground no later than the end of the work shift.
(D) Nails shall be cut with flat, sharp instruments.
(iv) When removing gaskets containing ACM, the employer shall ensure that the following work practices are followed:
(A) If a gasket is visibly deteriorated and unlikely to be removed intact, removal shall be undertaken within a glovebag as described in paragraph (g)(5)(ii) of this section.
(B) [Reserved]
(C) The gasket shall be immediately placed in a disposal container.
(D) Any scraping to remove residue must be performed wet.
(v) When performing any other Class II removal of asbestos containing material for which specific controls have not been listed in paragraph (g)(8)(iv)
(A) The material shall be thoroughly wetted with amended water prior to and during its removal.
(B) The material shall be removed in an intact state unless the employer demonstrates that intact removal is not possible.
(C) Cutting, abrading or breaking the material shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release are not feasible.
(D) Asbestos-containing material removed, shall be immediately bagged or wrapped, or kept wetted until transferred to a closed receptacle, no later than the end of the work shift.
(vi)
(A) The employer shall demonstrate by data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used, that employee exposure will not exceed the PELs under any anticipated circumstances.
(B) A qualified person shall evaluate the work area, the projected work practices and the engineering controls, and shall certify in writing, that the different or modified controls are adequate to reduce direct and indirect employee exposure to below the PELs under all expected conditions of use and that the method meets the requirements of this standard. The evaluation shall include and be based on data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used for the current job, and by employees whose training and experience are equivalent to employees who are to perform the current job.
(9)
(i) The work shall be performed using wet methods.
(ii) To the extent feasible, the work shall be performed using local exhaust ventilation.
(iii) Where the disturbance involves drilling, cutting, abrading, sanding, chipping, breaking, or sawing of thermal system insulation or surfacing material, the employer shall use impermeable dropcloths and shall isolate the operation using mini-enclosures or glove bag systems pursuant to paragraph (g)(5) of this section or another isolation method.
(iv) Where the employer does not demonstrate by a negative exposure assessment performed in compliance with paragraph (f)(2)(iii) of this section that the PELs will not be exceeded, or where monitoring results show exceedances of a PEL, the employer shall contain the area using impermeable dropcloths and plastic barriers or their equivalent, or shall isolate the operation using mini-enclosure or glove bag systems pursuant to paragraph (g)(5) of this section.
(v) Employees performing Class III jobs which involve the disturbance of TSI or surfacing ACM or PACM or where the employer does not demonstrate by a “negative exposure assessment” in compliance with paragraph (f)(2)(iii) of this section that the PELs will not be exceeded or where monitoring results show exceedances of the PEL, shall wear respirators which are selected, used and fitted pursuant to provisions of paragraph (h) of this section.
(10)
(i) Employees cleaning up debris and waste in a regulated area where respirators are required shall wear respirators which are selected, used and
(ii) Employers of employees cleaning up waste and debris in an area where friable TSI or surfacing ACM/PACM is accessible, shall assume that such waste and debris contain asbestos.
(11)
(ii) The employer may also comply by using an equivalent method which follows written procedures, which the employer demonstrates can achieve equivalent exposure reductions as do the two “preferred methods.” Such demonstration must include monitoring data conducted under workplace conditions closely resembling the process, type of asbestos containing materials, control method, work practices and environmental conditions which the equivalent method will be used, or objective data, which document that under all reasonably foreseeable conditions of brake and clutch repair applications, the method results in exposures which are equivalent to the methods set out in appendix L to this section.
(12)
(i) Before work begins and as needed during the job, a qualified person who is capable of identifying asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate such hazards, shall conduct an inspection of the worksite and determine that the roofing material is intact and will likely remain intact.
(ii) All employees performing work covered by this paragraph (g)(12) shall be trained in a training program that meets the requirements of paragraph (k)(9)(viii) of this section.
(iii) The material shall not be sanded, abraded, or ground. Manual methods which do not render the material non-intact shall be used.
(iv) Material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dust-tight chute, crane or hoist. All such material shall be removed from the roof as soon as is practicable, but in any event no later than the end of the work shift.
(v) Where roofing products which have been labeled as containing asbestos pursuant to paragraph (k)(8) of this section are installed on non-residential roofs during operations covered by this paragraph (g)(12), the employer shall notify the building owner of the presence and location of such materials no later than the end of the job.
(vi) All removal or disturbance of pipeline asphaltic wrap shall be performed using wet methods.
(h)
(i) During all Class I asbestos jobs.
(ii) During all Class II work where the ACM is not removed in a substantially intact state.
(iii) During all Class II and III work which is not performed using wet methods, provided, however, that respirators need not be worn during removal of ACM from sloped roofs when a negative exposure assessment has been made and the ACM is removed in an intact state.
(iv) During all Class II and III asbestos jobs where the employer does not produce a “negative exposure assessment.”
(v) During all Class III jobs where TSI or surfacing ACM or PACM is being disturbed.
(vi) During all Class IV work performed within regulated areas where employees performing other work are required to wear respirators.
(vii) During all work covered by this section where employees are exposed above the TWA or excursion limit.
(viii) In emergencies.
(2)
(ii) Employers are to provide HEPA filters for powered and non-powered air-purifying respirators.
(iii) Employers must:
(A) Inform employees that they may require the employer to provide a tight-fitting, powered air-purifying respirator (PAPR) permitted for use under paragraph (h)(2)(i) of this standard instead of a negative pressure respirator.
(B) Provide employees with a tight-fitting PAPR instead of a negative pressure respirator when the employees choose to use a tight-fitting PAPR and it provides them with the required protection against asbestos.
(iv) Employers must provide employees with an air-purifying, half mask respirator, other than a filtering facepiece respirator, whenever the employees perform:
(A) Class II or Class III asbestos work for which no negative exposure assessment is available.
(B) Class III asbestos work involving disturbance of TSI or surfacing ACM or PACM.
(v) Employers must provide employees with:
(A) A tight-fitting, powered air-purifying respirator or a full facepiece, supplied-air respirator operated in the pressure-demand mode and equipped with either HEPA egress cartridges or an auxiliary positive-pressure, self-contained breathing apparatus (SCBA) whenever the employees are in a regulated area performing Class I asbestos work for which a negative exposure assessment is not available and the exposure assessment indicates that the exposure level will be at or below 1 f/cc as an 8-hour time-weighted average (TWA).
(B) A full facepiece, supplied-air respirator operated in the pressure-demand mode and equipped with an auxiliary positive-pressure SCBA whenever the employees are in a regulated area performing Class I asbestos work for which a negative exposure assessment is not available and the exposure assessment indicates that the exposure level will be above 1 f/cc as an 8-hour TWA.
(3)
(ii) The employer shall permit each employee who uses a filter respirator to change the filter elements whenever an increase in breathing resistance is detected and shall maintain an adequate supply of filter elements for this purpose.
(iii) Employees who wear respirators shall be permitted to leave work areas to wash their faces and respirator facepieces whenever necessary to prevent skin irritation associated with respirator use.
(iv) No employee shall be assigned to tasks requiring the use of respirators if, based on his or her most recent examination, an examining physician determines that the employee will be unable to function normally wearing a respirator, or that the safety or health
(4)
(ii) Employers shall perform either quantitative or qualitative face fit tests at the time of initial fitting and at least every 6 months thereafter for each employee wearing a negative-pressure respirator. The qualitative fit tests may be used only for testing the fit of half-mask respirators where they are permitted to be worn, or of full-facepiece air purifying respirators where they are worn at levels at which half-facepiece air purifying respirators are permitted. Qualitative and quantitative fit tests shall be conducted in accordance with appendix C to this section. The tests shall be used to select facepieces that provide the required protection as prescribed in table 1, in paragraph (h)(2)(i) of this section.
(i)
(2)
(ii) Any employer who gives contaminated clothing to another person for laundering shall inform such person of the requirement in paragraph (i)(2)(i) of this section to effectively prevent the release of airborne asbestos in excess of the TWA excursion limit prescribed in paragraph (c) of this section.
(3)
(4)
(ii) When rips or tears are detected while an employee is working, rips and tears shall be immediately mended, or the worksuit shall be immediately replaced.
(j)
(i)
(A)
(B)
(
(
(C)
(ii)
(A) Enter the decontamination area through the clean room;
(B) Remove and deposit street clothing within a locker provided for their use; and
(C) Put on protective clothing and respiratory protection before leaving the clean room.
(D) Before entering the regulated area, the employer shall ensure that employees pass through the equipment room.
(iii)
(A) Before leaving the regulated area, employees shall remove all gross contamination and debris from their protective clothing.
(B) Employees shall remove their protective clothing in the equipment room and deposit the clothing in labeled impermeable bags or containers.
(C) Employees shall not remove their respirators in the equipment room.
(D) Employees shall shower prior to entering the clean room.
(E) After showering, employees shall enter the clean room before changing into street clothes.
(iv)
(2)
(ii) The area must be of sufficient size as to accommodate cleaning of equipment and removing personal protective equipment without spreading contamination beyond the area (as determined by visible accumulations).
(iii) Work clothing must be cleaned with a HEPA vacuum before it is removed.
(iv) All equipment and surfaces of containers filled with ACM must be cleaned prior to removing them from the equipment room or area.
(v) The employer shall ensure that employees enter and exit the regulated area through the equipment room or area.
(3)
(4)
(k)
(2)
(ii) Building/vessel and/or facility owners shall notify the following persons of the presence, location and quantity of ACM or PACM, at work sites in their buildings/facilities/vessels. Notification either shall be in writing or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives:
(A) Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material;
(B) Employees of the owner who will work in or adjacent to areas containing such material:
(C) On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials;
(D) Tenants who will occupy areas containing such materials.
(3)
(i) Before work in areas containing ACM and PACM is begun, employers shall identify the presence, location, and quantity of ACM, and/or PACM therein pursuant to paragraph (k)(1) of this section.
(ii) Before work under this standard is performed employers of employees who will perform such work shall inform the following persons of the location and quantity of ACM and/or PACM present at the worksite and the precautions to be taken to ensure that airborne asbestos is confined to the area.
(iii) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, shall inform the building/vessel or facility owner and employers of employees who will be working in the area of the current location
(4) In addition to the above requirements, all employers who discover ACM and/or PACM on a work site shall convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the work site, within 24 hours of the discovery.
(5) Criteria to rebut the designation of installed material as PACM. (i) At any time, an employer and/or building/vessel owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building/vessel owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration pursuant to the requirements of paragraph (k)(5)(ii) of this section has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, shall be retained pursuant to paragraph (n) of this section.
(ii) An employer or owner may demonstrate that PACM does not contain more than 1% asbestos by the following:
(A) Having completed an inspection conducted pursuant to the requirements of AHERA (40 CFR part 763, subpart E) which demonstrates that the material is not ACM; or
(B) Performing tests of the material containing PACM which demonstrate that no ACM is present in the material. Such tests shall include analysis of bulk samples collected in the manner described in 40 CFR 763.86. The tests, evaluation and sample collection shall be conducted by an accredited inspector or by a CIH. Analysis of samples shall be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) or the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association (AIHA), or an equivalent nationally-recognized round robin testing program.
(iii) The employer and/or building/vessel owner may demonstrate that flooring material including associated mastic and backing does not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that the material is not ACM.
(6) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain ACM and/or PACM, the building/vessel owner shall post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.
(7)
(ii)(A) The warning signs required by paragraph (k)(7) of this section shall bear the following information:
(B) In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following:
(iii) The employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by paragraph (k)(7)(i) of this section. Means to ensure employee comprehension may include the use of foreign languages, pictographs and graphics.
(8)
(ii) Labels shall be printed in large, bold letters on a contrasting background.
(iii) Labels shall be used in accordance with the requirements of 29 CFR 1910.1200(f) of OSHA's Hazard Communication standard, and shall contain the following information:
(iv) [Reserved]
(v) Labels shall contain a warning statement against breathing asbestos fibers.
(vi) The provisions for labels required by paragraphs (k)(8) (i) through (k)(8) (iii) of this section do not apply where:
(A) Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer can demonstrate that, during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released, or
(B) Asbestos is present in a product in concentrations less than 1.0 percent.
(vii) When a building/vessel owner or employer identifies previously installed PACM and/or ACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM. The employer shall attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical room/areas. Signs required by paragraph (k)(6) of this section may be posted in lieu of labels so long as they contain information required for labelling. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs or labels can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.
(9)
(ii) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter.
(iii) Training for Class I operations and for Class II operations that require the use of critical barriers (or equivalent isolation methods) and/or negative pressure enclosures under this section shall be the equivalent in curriculum, training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers training (40 CFR part 763, subpart E, appendix C).
(iv) Training for other Class II work.
(A) For work with asbestos containing roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to that category. Such course shall include “hands-on” training and shall take at least 8 hours.
(B) An employee who works with more than one of the categories of material specified in paragraph (k)(9)(iv)(A) of this section shall receive training in the work practices applicable to each category of material that the employee removes and each
(C) For Class II operations not involving the categories of material specified in paragraph (k)(9)(iv)(A) of this section, training shall be provided which shall include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to the category of material being removed, and shall include “hands-on” training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses.
(v) Training for Class III employees shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall also include “hands-on” training and shall take at least 16 hours. Exception: For Class III operations for which the competent person determines that the EPA curriculum does not adequately cover the training needed to perform that activity, training shall include as a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to that activity, and shall include “hands-on” training in the work practices applicable to each category of material that the employee disturbs.
(vi) Training for employees performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a course shall include available information concerning the locations of thermal system insulation and surfacing ACM/PACM, and asbestos-containing flooring material, or flooring material where the absence of asbestos has not yet been certified; and instruction in the recognition of damage, deterioration, and delamination of asbestos containing building materials. Such a course shall take at least 2 hours.
(vii) Training for employees who are likely to be exposed in excess of the PEL and who are not otherwise required to be trained under paragraph (k)(9) (iii) through (vi) of this section, shall meet the requirements of paragraph (k)(9)(viii) of this section.
(viii) The training program shall be conducted in a manner that the employee is able to understand. In addition to the content required by the provisions in paragraphs (k)(9)(iii) through (vi) of this section, the employer shall ensure that each such employee is informed of the following:
(A) Methods of recognizing asbestos, including the requirement in paragraph (k)(1) of this section to presume that certain building materials contain asbestos;
(B) The health effects associated with asbestos exposure;
(C) The relationship between smoking and asbestos in producing lung cancer;
(D) The nature of operations that could result in exposure to asbestos, the importance of necessary protective controls to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamination procedures, emergency procedures, and waste disposal procedures, and any necessary instruction in the use of these controls and procedures; where Class III and IV work will be or is performed, the contents of EPA 20T-2003, “Managing Asbestos In-Place” July 1990 or its equivalent in content;
(E) The purpose, proper use, fitting instructions, and limitations of respirators as required by 29 CFR 1910.134;
(F) The appropriate work practices for performing the asbestos job;
(G) Medical surveillance program requirements;
(H) The content of this standard including appendices;
(I) The names, addresses and phone numbers of public health organizations which provide information, materials and/or conduct programs concerning smoking cessation. The employer may distribute the list of such organizations contained in appendix J to this section, to comply with this requirement; and
(J) The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels.
(10) Access to training materials. (i) The employer shall make readily available to affected employees without cost, written materials relating to the employee training program, including a copy of this regulation.
(ii) The employer shall provide to the Assistant Secretary and the Director, upon request, all information and training materials relating to the employee information and training program.
(iii) The employer shall inform all employees concerning the availability of self-help smoking cessation program material. Upon employee request, the employer shall distribute such material, consisting of NIH Publication No, 89-1647, or equivalent self-help material, which is approved or published by a public health organization listed in appendix J to this section.
(l)
(2)
(3)
(ii) Sanding of flooring/deck material is prohibited.
(iii) Stripping of finishes shall be conducted using low abrasion pads at speeds lower than 300 rpm and wet methods.
(iv) Burnishing or dry buffing may be performed only on flooring/deck which has sufficient finish so that the pad cannot contact the flooring/deck material.
(4) Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/PACM or visibly deteriorated ACM:
(i) Shall not be dusted or swept dry, or vacuumed without using a HEPA filter;
(ii) Shall be promptly cleaned up and disposed of in leak tight containers.
(m)
(B) For employees otherwise required by this standard to wear a negative pressure respirator, employers shall ensure employees are physically able to perform the work and use the equipment. This determination shall be made under the supervision of a physician.
(ii)
(B) Persons other than such licensed physicians who administer the pulmonary function testing required by this section shall complete a training course in spirometry sponsored by an appropriate academic or professional institution.
(2)
(A) Prior to assignment of the employee to an area where negative-pressure respirators are worn;
(B) When the employee is assigned to an area where exposure to asbestos may be at or above the permissible exposure limit for 30 or more days per year, or engage in Class I, II, or III work for a combined total of 30 or more days per year, a medical examination must be given within 10 working days following the thirtieth day of exposure;
(C) And at least annually thereafter.
(D) If the examining physician determines that any of the examinations should be provided more frequently than specified, the employer shall provide such examinations to affected employees at the frequencies specified by the physician.
(E) Exception: No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with this paragraph within the past 1-year period.
(ii)
(A) A medical and work history with special emphasis directed to the pulmonary, cardiovascular, and gastrointestinal systems.
(B) On initial examination, the standardized questionnaire contained in part 1 of appendix D to this section and, on annual examination, the abbreviated standardized questionnaire contained in part 2 of appendix D to this section.
(C) A physical examination directed to the pulmonary and gastrointestinal systems, including a chest x-ray to be administered at the discretion of the physician, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV(1)). Interpretation and classification of chest roentgenogram shall be conducted in accordance with appendix E to this section.
(D) Any other examinations or tests deemed necessary by the examining physician.
(3)
(i) A copy of this standard and appendices D, E, and I to this section;
(ii) A description of the affected employee's duties as they relate to the employee's exposure;
(iii) The employee's representative exposure level or anticipated exposure level;
(iv) A description of any personal protective and respiratory equipment used or to be used; and
(v) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician.
(4)
(A) The physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos;
(B) Any recommended limitations on the employee or on the use of personal protective equipment such as respirators; and
(C) A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions that may result from asbestos exposure.
(D) A statement that the employee has been informed by the physician of the increased risk of lung cancer attributable to the combined effect of smoking and asbestos exposure.
(ii) The employer shall instruct the physician not to reveal in the written opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to asbestos.
(iii) The employer shall provide a copy of the physician's written opinion to the affected employee within 30 days from its receipt.
(n)
(ii) The record shall include at least the following information:
(A) The product qualifying for exemption;
(B) The source of the objective data;
(C) The testing protocol, results of testing, and/or analysis of the material for the release of asbestos;
(D) A description of the operation exempted and how the data support the exemption; and
(E) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.
(iii) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(2)
(ii) This record shall include at least the following information:
(A) The date of measurement;
(B) The operation involving exposure to asbestos that is being monitored;
(C) Sampling and analytical methods used and evidence of their accuracy;
(D) Number, duration, and results of samples taken;
(E) Type of protective devices worn, if any; and
(F) Name, social security number, and exposure of the employees whose exposures are represented.
(iii) The employer shall maintain this record for at least thirty (30) years, in accordance with 29 CFR 1910.1020.
(3)
(ii) The record shall include at least the following information:
(A) The name and social security number of the employee;
(B) A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations.
(C) Physician's written opinions;
(D) Any employee medical complaints related to exposure to asbestos; and
(E) A copy of the information provided to the physician as required by paragraph (m) of this section.
(iii) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with 29 CFR 1910.1020.
(4)
(5)
(ii) [Reserved]
(6)
(ii) [Reserved]
(7)
(ii) The employer, upon request, shall make any exposure records required by paragraphs (f) and (n) of this section available for examination and copying
(iii) The employer, upon request, shall make employee medical records required by paragraphs (m) and (n) of this section available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee, and the Assistant Secretary, in accordance with 29 CFR 1910.1020.
(8)
(ii) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the Director at least 90 days prior to disposal and, upon request, transmit them to the Director.
(o)
(2)
(3)
(i) On all worksites where employees are engaged in Class I or II asbestos work, the qualified person designated in accordance with paragraph (e)(6) of this section shall perform or supervise the following duties, as applicable:
(A) Set up the regulated area, enclosure, or other containment;
(B) Ensure (by on-site inspection) the integrity of the enclosure or containment;
(C) Set up procedures to control entry to and exit from the enclosure and/or area;
(D) Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by paragraph (f) of this section;
(E) Ensure that employees working within the enclosure and/or using glove bags wear respirators and protective clothing as required by paragraphs (h) and (i) of this section;
(F) Ensure through on-site supervision, that employees set up, use, and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements;
(G) Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in paragraph (j) of this section;
(H) Ensure that through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and
(I) Ensure that notification requirements in paragraph (k) of this section are met.
(4)
(ii) For Class III and IV asbestos work, the qualified person shall be trained in aspects of asbestos handling
(p)
(2) Appendices B, F, H, I, J, and K to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
This mandatory appendix specifies the procedure for analyzing air samples for asbestos, and specifies quality control procedures that must be implemented by laboratories performing the analysis. The sampling and analytical methods described below represent the elements of the available monitoring methods (such as appendix B to this section, the most current version of the OSHA method ID-160, or the most current version of the NIOSH Method 7400) which OSHA considers to be essential to achieve adequate employee exposure monitoring while allowing employers to use methods that are already established within their organizations. All employers who are required to conduct air monitoring under paragraph (f) of this section are required to utilize analytical laboratories that use this procedure, or an equivalent method, for collecting and analyzing samples.
1. The sampling medium for air samples shall be mixed cellulose ester filter membranes. These shall be designated by the manufacturer as suitable for asbestos counting. See below for rejection of blanks.
2. The preferred collection device shall be the 25-mm diameter cassette with an open-faced 50-mm extension cowl. The 37-mm cassette may be used if necessary but only if written justification for the need to use the 37-mm filter cassette accompanies the sample results in the employee's exposure monitoring record. Other cassettes such as the Bell-mouth may be used within the limits of their validation. Do not reuse or reload cassettes for asbestos sample collection.
3. An air flow rate between 0.5 liter/min and 5 liters/min shall be selected for the 25-mm cassette. If the 37-mm cassette is used, an air flow rate between 1 liter/min and 5 liters/min shall be selected.
4. Where possible, a sufficient air volume for each air sample shall be collected to yield between 100 and 1,300 fibers per square millimeter on the membrane filter. If a filter darkens in appearance or if loose dust is seen on the filter, a second sample shall be started.
5. Ship the samples in a rigid container with sufficient packing material to prevent dislodging the collected fibers. Packing material that has a high electrostatic charge on its surface (e.g., expanded polystyrene) cannot be used because such material can cause loss of fibers to the sides of the cassette.
6. Calibrate each personal sampling pump before and after use with a representative filter cassette installed between the pump and the calibration devices.
7. Personal samples shall be taken in the “breathing zone” of the employee (i.e., attached to or near the collar or lapel near the worker's face).
8. Fiber counts shall be made by positive phase contrast using a microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a total magnification of approximately 400 X and a numerical aperture of 0.65 to 0.75. The microscope shall also be fitted with a green or blue filter.
9. The microscope shall be fitted with a Walton-Beckett eyepiece graticule calibrated for a field diameter of 100 micrometers (±2 micrometers).
10. The phase-shift detection limit of the microscope shall be about 3 degrees measured using the HSE phase shift test slide as outlined below.
a. Place the test slide on the microscope stage and center it under the phase objective.
b. Bring the blocks of grooved lines into focus.
The slide consists of seven sets of grooved lines (ca. 20 grooves to each block) in descending order of visibility from sets 1 to 7, seven being the least visible. The requirements for asbestos, tremolite, anthophyllite, and actinolite counting are that the microscope optics must resolve the grooved lines in set 3 completely, although they may appear somewhat faint, and that the grooved lines in sets 6 and 7 must be invisible. Sets 4 and 5 must be at least partially visible but may vary slightly in visibility between microscopes. A microscope
c. If the image deteriorates, clean and adjust the microscope optics. If the problem persists, consult the microscope manufacturer.
11. Each set of samples taken will include 10% field blanks or a minimum of 2 field blanks. These blanks must come from the same lot as the filters used for sample collection. The field blank results shall be averaged and subtracted from the analytical results before reporting. A set consists of any sample or group of samples for which an evaluation for this standard must be made. Any samples represented by a field blank having a fiber count in excess of the detection limit of the method being used shall be rejected.
12. The samples shall be mounted by the acetone/triacetin method or a method with an equivalent index of refraction and similar clarity.
13. Observe the following counting rules.
a. Count only fibers equal to or longer than 5 micrometers. Measure the length of curved fibers along the curve.
b. In the absence of other information, count all particles as asbestos that have a length-to-width ratio (aspect ratio) of 3 to 1 or greater.
c. Fibers lying entirely within the boundary of the Walton-Beckett graticule field shall receive a count of 1. Fibers crossing the boundary once, having one end within the circle, shall receive the count of one half (
d. Count bundles of fibers as one fiber unless individual fibers can be identified by observing both ends of an individual fiber.
e. Count enough graticule fields to yield 100 fibers. Count a minimum of 20 fields; stop counting at 100 fields regardless of fiber count.
14. Blind recounts shall be conducted at the rate of 10 percent.
1. Intra-laboratory program. Each laboratory and/or each company with more than one microscopist counting slides shall establish a statistically designed quality assurance program involving blind recounts and comparisons between microscopists to monitor the variability of counting by each microscopist and between microscopists. In a company with more than one laboratory, the program shall include all laboratories and shall also evaluate the laboratory-to-laboratory variability.
2. a. Interlaboratory program. Each laboratory analyzing asbestos, tremolite, anthophyllite, and actinolite samples for compliance determination shall implement an interlaboratory quality assurance program that as a minimum includes participation of at least two other independent laboratories. Each laboratory shall participate in round robin testing at least once every 6 months with at least all the other laboratories in its interlaboratory quality assurance group. Each laboratory shall submit slides typical of its own work load for use in this program. The round robin shall be designed and results analyzed using appropriate statistical methodology.
b. All laboratories should participate in a national sample testing scheme such as the Proficiency Analytical Testing Program (PAT), the Asbestos Registry sponsored by the American Industrial Hygiene Association (AIHA).
3. All individuals performing asbestos, tremolite, anthophyllite, and actinolite analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos, tremolite, anthophyllite, and actinolite dust or an equivalent course.
4. When the use of different microscopes contributes to differences between counters and laboratories, the effect of the different microscope shall be evaluated and the microscope shall be replaced, as necessary.
5. Current results of these quality assurance programs shall be posted in each laboratory to keep the microscopists informed.
Analytical Procedure: A portion of the sample filter is cleared and prepared for asbestos fiber counting by Phase Contrast Microscopy (PCM) at 400X.
Commercial manufacturers and products mentioned in this method are for descriptive use only and do not constitute endorsements by USDOL-OSHA. Similar products from other sources can be substituted.
This method describes the collection of airborne asbestos fibers using calibrated sampling pumps with mixed-cellulose ester (MCE) filters and analysis by phase contrast microscopy (PCM). Some terms used are unique to this method and are defined below:
Early surveys to determine asbestos exposures were conducted using impinger counts of total dust with the counts expressed as million particles per cubic foot. The British Asbestos Research Council recommended filter membrane counting in 1969. In July 1969, the Bureau of Occupational Safety and Health published a filter membrane method for counting asbestos fibers in the United States. This method was refined by NIOSH and published as P & CAM 239. On May 29, 1971, OSHA specified filter membrane sampling with phase contrast counting for evaluation of asbestos exposures at work sites in the United States. The use of this technique was again required by OSHA in 1986. Phase contrast microscopy has continued to be the method of choice for the measurement of occupational exposure to asbestos.
Air is drawn through a MCE filter to capture airborne asbestos fibers. A wedge shaped portion of the filter is removed, placed on a glass microscope slide and made transparent. A measured area (field) is viewed by PCM. All the fibers meeting defined criteria for asbestos are counted and considered a measure of the airborne asbestos concentration.
There are four main advantages of PCM over other methods:
(1) The technique is specific for fibers. Phase contrast is a fiber counting technique which excludes non-fibrous particles from the analysis.
(2) The technique is inexpensive and does not require specialized knowledge to carry out the analysis for total fiber counts.
(3) The analysis is quick and can be performed on-site for rapid determination of air concentrations of asbestos fibers.
(4) The technique has continuity with historical epidemiological studies so that estimates of expected disease can be inferred from long-term determinations of asbestos exposures.
The main disadvantage of PCM is that it does not positively identify asbestos fibers. Other fibers which are not asbestos may be included in the count unless differential counting is performed. This requires a great
Asbestos is used by the construction industry in such products as shingles, floor tiles, asbestos cement, roofing felts, insulation and acoustical products. Non-construction uses include brakes, clutch facings, paper, paints, plastics, and fabrics. One of the most significant exposures in the workplace is the removal and encapsulation of asbestos in schools, public buildings, and homes. Many workers have the potential to be exposed to asbestos during these operations.
About 95% of the asbestos in commercial use in the United States is chrysotile. Crocidolite and amosite make up most of the remainder. Anthophyllite and tremolite or actinolite are likely to be encountered as contaminants in various industrial products.
Asbestos fiber possesses a high tensile strength along its axis, is chemically inert, non-combustible, and heat resistant. It has a high electrical resistance and good sound absorbing properties. It can be weaved into cables, fabrics or other textiles, and also matted into asbestos papers, felts, or mats.
2.1. The ideal counting range on the filter is 100 to 1,300 fibers/mm
2.2. The detection limit for this method is 4.0 fibers per 100 fields or 5.5 fibers/mm
This value was compared with CV vs. count curves. The count at which CV = 0.61 for Leidel-Busch counting statistics (8.9.) or for an OSHA Salt Lake Technical Center (OSHA-SLTC) CV curve (see appendix A for further information) was 4.4 fibers or 3.9 fibers per 100 fields, respectively. Although a lower detection limit of 4 fibers per 100 fields is supported by the OSHA-SLTC data, both data sets support the 4.5 fibers per 100 fields value.
Precision is dependent upon the total number of fibers counted and the uniformity of the fiber distribution on the filter. A general rule is to count at least 20 and not more than 100 fields. The count is discontinued when 100 fibers are counted, provided that 20 fields have already been counted. Counting more than 100 fibers results in only a small gain in precision. As the total count drops below 10 fibers, an accelerated loss of precision is noted.
At this time, there is no known method to determine the absolute accuracy of the asbestos analysis. Results of samples prepared through the Proficiency Analytical Testing (PAT) Program and analyzed by the OSHA-SLTC showed no significant bias when compared to PAT reference values. The PAT samples were analyzed from 1987 to 1989 (N=36) and the concentration range was from 120 to 1,300 fibers/mm
Fibrous substances, if present, may interfere with asbestos analysis.
Some common fibers are:
The use of electron microscopy or optical tests such as polarized light, and dispersion staining may be used to differentiate these materials from asbestos when necessary.
(a) DO NOT RE-USE CASSETTES.
(b) Fully conductive cassettes are required to reduce fiber loss to the sides of the cassette due to electrostatic attraction.
(c) Purchase filters which have been selected by the manufacturer for asbestos counting or analyze representative filters for fiber background before use. Discard the filter lot if more than 4 fibers/100 fields are found.
(d) To decrease the possibility of contamination, the sampling system (filter-backup pad-cassette) for asbestos is usually preassembled by the manufacturer.
(e) Other cassettes, such as the Bell-mouth, may be used within the limits of their validation.
Each pump must be a battery operated, self-contained unit small enough to be placed on the monitored employee and not interfere with the work being performed. The pump must be capable of sampling at the collection rate for the required sampling time.
Stopwatch and bubble tube/burette or electronic meter.
If sampling site calibration is not possible, environmental influences may affect the flow rate. The extent is dependent on the type of pump used. Consult with the pump manufacturer to determine dependence on environmental influences. If the pump is affected by temperature and pressure changes, correct the flow rate by using the formula shown in the section “Sampling Pump Flow Rate Corrections” at the end of this appendix.
While sampling, observe the filter with a small flashlight. If there is a visible layer of dust on the filter, stop sampling, remove and seal the cassette, and replace with a new sampling assembly. The total dust loading should not exceed 1 mg.
A way to prepare standard asbestos samples of known concentration has not been developed. It is possible to prepare replicate samples of nearly equal concentration. This has been performed through the PAT program. These asbestos samples are distributed by the AIHA to participating laboratories.
Since only about one-fourth of a 25-mm sample membrane is required for an asbestos count, any PAT sample can serve as a “standard” for replicate counting.
See Safety Precautions in Section 6.1. before proceeding. The objective is to produce samples with a smooth (non-grainy) background in a medium with a refractive index of approximately 1.46. The technique below collapses the filter for easier focusing and produces permanent mounts which are useful for quality control and interlaboratory comparison.
An aluminum block or similar device is required for sample preparation.
Completely align the microscope according to the manufacturer's instructions. Then, align the microscope using the following general alignment routine at the beginning of every counting session and more often if necessary.
(1) Clean all optical surfaces. Even a small amount of dirt can significantly degrade the image.
(2) Rough focus the objective on a sample.
(3) Close down the field iris so that it is visible in the field of view. Focus the image of the iris with the condenser focus. Center the image of the iris in the field of view.
(4) Install the phase telescope and focus on the phase rings. Critically center the rings. Misalignment of the rings results in astigmatism which will degrade the image.
(5) Place the phase-shift test slide on the microscope stage and focus on the lines. The analyst must see line set 3 and should see at least parts of 4 and 5 but, not see line set 6 or 6. A microscope/microscopist combination which does not pass this test may not be used.
(1) Place the prepared sample slide on the mechanical stage of the microscope. Position the center of the wedge under the objective lens and focus upon the sample.
(2) Start counting from one end of the wedge and progress along a radial line to the other end (count in either direction from perimeter to wedge tip). Select fields randomly, without looking into the eyepieces, by slightly advancing the slide in one direction with the mechanical stage control.
(3) Continually scan over a range of focal planes (generally the upper 10 to 15 µm of the filter surface) with the fine focus control during each field count. Spend at least 5 to 15 seconds per field.
(4) Most samples will contain asbestos fibers with fiber diameters less than 1 µm. Look carefully for faint fiber images. The small diameter fibers will be very hard to see. However, they are an important contribution to the total count.
(5) Count only fibers equal to or longer than 5 µm. Measure the length of curved fibers along the curve.
(6) Count fibers which have a length to width ratio of 3:1 or greater.
(7) Count all the fibers in at least 20 fields. Continue counting until either 100 fibers are counted or 100 fields have been viewed; whichever occurs first. Count all the fibers in the final field.
(8) Fibers lying entirely within the boundary of the Walton-Beckett graticule field shall receive a count of 1. Fibers crossing the boundary once, having one end within the circle shall receive a count of
(9) Count bundles of fibers as one fiber unless individual fibers can be clearly identified and each individual fiber is clearly not connected to another counted fiber. See figure 1 for counting conventions.
(10) Record the number of fibers in each field in a consistent way such that filter non-uniformity can be assessed.
(11) Regularly check phase ring alignment.
(12) When an agglomerate (mass of material) covers more than 25% of the field of view, reject the field and select another. Do not include it in the number of fields counted.
(13) Perform a “blind recount” of 1 in every 10 filter wedges (slides). Re-label the slides using a person other than the original counter.
As previously mentioned in Section 1.3., PCM does not provide positive confirmation
A great deal of experience is required to routinely and correctly perform differential counting. It is discouraged unless it is legally necessary. Then, only if a fiber is obviously not asbestos should it be excluded from the count. Further discussion of this technique can be found in reference 8.10.
If there is a question whether a fiber is asbestos or not, follow the rule:
“WHEN IN DOUBT, COUNT.”
The analyses done by the counters to establish the slide bank may be used for an interim quality control program if the data are treated in a proper statistical fashion.
7.1. Calculate the estimated airborne asbestos fiber concentration on the filter sample using the following formula:
The collection area of a filter is seldom equal to 385 mm
Since a given analyst always has the same interpupillary distance, the number of fields per filter for a particular analyst will remain constant for a given size filter. The field size for that analyst is constant (i.e. the analyst is using an assigned microscope and is not changing the reticle).
For example, if the exposed area of the filter is always 385 mm
As mentioned in step 13 of Section 6.6.2., a “blind recount” of 10% of the slides is performed. In all cases, differences will be observed between the first and second counts of the same filter wedge. Most of these differences will be due to chance alone, that is, due to the random variability (precision) of the count method. Statistical recount criteria enables one to decide whether observed
The following recount criterion is for a pair of counts that estimate AC in fibers/cc. The criterion is given at the type-I error level. That is, there is 5% maximum risk that we will reject a pair of counts for the reason that one might be biased, when the large observed difference is really due to chance.
Reject a pair of counts if:
If a pair of counts are rejected by this criterion then, recount the rest of the filters in the submitted set. Apply the test and reject any other pairs failing the test. Rejection shall include a memo to the industrial hygienist stating that the sample failed a statistical test for homogeneity and the true air concentration may be significantly different than the reported value.
Report results to the industrial hygienist as fibers/cc. Use two significant figures. If multiple analyses are performed on a sample, an average of the results is to be reported unless any of the results can be rejected for cause.
8.1. Dreesen, W.C., et al,
8.2.
8.3. Bayer, S.G., Zumwalde, R.D., Brown, T.A.,
8.4.
8.5.
8.6.
8.7.
8.8.
8.9. Leidel, N.A., Bayer, S.G., Zumwalde, R.D., Busch, K.A.,
8.10. Dixon, W.C.,
The OSHA asbestos regulations require each laboratory to establish a quality control program. The following is presented as an example of how the OSHA-SLTC constructed its internal CV curve as part of meeting this requirement. Data is from 395 samples collected during OSHA compliance inspections and analyzed from October 1980 through April 1986.
Each sample was counted by 2 to 5 different counters independently of one another. The standard deviation and the CV statistic was calculated for each sample. This data was then plotted on a graph of CV vs. fibers/mm
Application of least squares gave:
Using these values, the equation becomes:
This correction is used if a difference greater than 5% in ambient temperature and/or pressure is noted between calibration and
When ordering the Graticule for asbestos counting, specify the exact disc diameter needed to fit the ocular of the microscope and the diameter (mm) of the circular counting area. Instructions for measuring the dimensions necessary are listed:
(1) Insert any available graticule into the focusing eyepiece and focus so that the graticule lines are sharp and clear.
(2) Align the microscope.
(3) Place a stage micrometer on the microscope object stage and focus the microscope on the graduated lines.
(4) Measure the magnified grid length, PL (µm), using the stage micrometer.
(5) Remove the graticule from the microscope and measure its actual grid length, AL (mm). This can be accomplished by using a mechanical stage fitted with verniers, or a jeweler's loupe with a direct reading scale.
(6) Let D=100 µm. Calculate the circle diameter, d
Example: If PL=108 µm, AL=2.93 mm and D=100 µm, then,
(7) Each eyepiece-objective-reticle combination on the microscope must be calibrated. Should any of the three be changed (by zoom adjustment, disassembly, replacement, etc.), the combination must be recalibrated. Calibration may change if interpupillary distance is changed.
Measure the field diameter, D (acceptable range: 100 ±2 µm) with a stage micrometer upon receipt of the graticule from the manufacturer. Determine the field area (mm
The Graticule is available from: Graticules Ltd., Morley Road, Tonbridge TN9 IRN, Kent, England (Telephone 011-44-732-359061). Also available from PTR Optics Ltd., 145 Newton Street, Waltham, MA 02154 [telephone (617) 891-6000] or McCrone Accessories and Components, 2506 S. Michigan Ave., Chicago, IL 60616 [phone (312) 842-7100]. The graticule is custom made for each microscope.
A. Odor threshold screening. 1. Three 1-liter glass jars with metal lids (e.g. Mason or Bell jars) are required.
2. Odor-free water (e.g. distilled or spring water) at approximately 25 °C shall be used for the solutions.
3. The isoamyl acetate (IAA) (also known as isopentyl acetate) stock solution is prepared by adding 1 cc of pure IAA to 800 cc of odor free water in a 1-liter jar and shaking for 30 seconds. This solution shall be prepared new at least weekly.
4. The screening test shall be conducted in a room separate from the room used for actual fit testing. The two rooms shall be well ventilated but shall not be connected to the same recirculating ventilation system.
5. The odor test solution is prepared in a second jar by placing 0.4 cc of the stock solution into 500 cc of odor free water using a clean dropper or pipette. Shake for 30 seconds and allow to stand for two to three minutes so that the IAA concentration above the liquid may reach equilibrium. This solution may be used for only one day.
6. A test blank is prepared in a third jar by adding 500 cc of odor free water.
7. The odor test and test blank jars shall be labelled 1 and 2 for jar identification. If the labels are put on the lids they can be periodically peeled, dried off and switched to maintain the integrity of the test.
8. The following instructions shall be typed on a card and placed on the table in front of the two test jars (i.e. 1 and 2): “The purpose of this test is to determine if you can smell banana oil at a low concentration. The two bottles in front of you contain water. One of these bottles also contains a small amount of banana oil. Be sure the covers are on tight, then shake each bottle for two seconds. Unscrew the lid of each bottle, one at a time, and sniff at the mouth of the bottle. Indicate to the test conductor which bottle contains banana oil.”
9. The mixtures used in the IAA odor detection test shall be prepared in an area separate from where the test is performed, in order to prevent olfactory fatigue in the subject.
10. If the test subject is unable to correctly identify the jar containing the odor test solution, the IAA qualitative fit test may not be used.
11. If the test subject correctly identifies the jar containing the odor test solution, the test subject may proceed to respirator selection and fit testing.
B.
2. The selection process shall be conducted in a room separate from the fit-test chamber to prevent odor fatigue. Prior to the selection process, the test subject shall be shown how to put on a respirator, how it should be positioned on the face, how to set strap tension and how to determine a “comfortable” respirator. A mirror shall be available to assist the subject in evaluating the fit and positioning of the respirator. This instruction may not constitute the subject's formal training on respirator use, as it is only a review.
3. The test subject should understand that the employee is being asked to select the respirator which provides the most comfortable fit. Each respirator represents a different size and shape and, if fit properly and used properly will provide adequate protection.
4. The test subject holds each facepiece up to the face and eliminates those which obviously do not give a comfortable fit. Normally, selection will begin with a half-mask and if a good fit cannot be found, the subject will be asked to test the full facepiece respirators. (A small percentage of users will not be able to wear any half-mask.)
5. The more comfortable facepieces are noted; the most comfortable mask is donned and
6. Assessment of comfort shall include reviewing the following points with the test subject and allowing the test subject adequate time to determine the comfort of the respirator:
• Positioning of mask on nose.
• Room for eye protection.
• Room to talk.
• Positioning mask on face and cheeks.
7. The following criteria shall be used to help determine the adequacy of the respirator fit:
• Chin properly placed.
• Strap tension.
• Fit across nose bridge.
• Distance from nose to chin.
• Tendency to slip.
• Self-observation in mirror.
8. The test subject shall conduct the conventional negative and positive-pressure fit
9. The test subject is now ready for fit testing.
10. After passing the fit test, the test subject shall be questioned again regarding the comfort of the respirator. If it has become uncomfortable, another model of respirator shall be tried.
11. The employee shall be given the opportunity to select a different facepiece and be retested if the chosen facepiece becomes increasingly uncomfortable at any time.
2. Each respirator used for the fitting and fit testing shall be equipped with organic vapor cartridges or offer protection against organic vapors. The cartridges or masks shall be changed at least weekly.
3. After selecting, donning, and properly adjusting a respirator, the test subject shall wear it to the fit testing room. This room shall be separate from the room used for odor threshold screening and respirator selection, and shall be well ventilated, as by an exhaust fan or lab hood, to prevent general room contamination.
4. A copy of the following test exercises and rainbow passage shall be taped to the inside of the test chamber:
i. Breathe normally.
ii. Breathe deeply. Be certain breaths are
iii. Turn head all the way from one side to the other. Inhale on each side. Be certain movement is complete. Do not bump the respirator against the shoulders.
iv. Nod head up-and-down. Inhale when head is in the full up position (looking toward ceiling). Be certain motions are complete and made about every second. Do not bump the respirator on the chest.
v. Talking. Talk aloud and slowly for several minutes. The following paragraph is called the Rainbow Passage. Reading it will result in a wide range of facial movements, and thus be useful to satisfy this requirement. Alternative passages which serve the same purpose may also be used.
vi. Jogging in place.
vii. Breathe normally.
When the sunlight strikes raindrops in the air, they act like a prism and form a rainbow. The rainbow is a division of white light into many beautiful colors. These take the shape of a long round arch, with its path high above, and its two ends apparently beyond the horizon. There is, according to legend, a boiling pot of gold at one end. People look, but no one ever finds it. When a man looks for something beyond reach, his friends say he is looking for the pot of gold at the end of the rainbow.
5. Each test subject shall wear the respirator for at a least 10 minutes before starting the fit test.
6. Upon entering the test chamber, the test subject shall be given a 6 inch by 5 inch piece of paper towel or other porous absorbent single ply material, folded in half and wetted with three-quarters of one cc of pure IAA. The test subject shall hang the wet towel on the hook at the top of the chamber.
7. Allow two minutes for the IAA test concentration to be reached before starting the fit-test exercises. This would be an appropriate time to talk with the test subject, to explain the fit test, the importance of cooperation, the purpose for the head exercises, or to demonstrate some of the exercises.
8. Each exercise described in #4 above shall be performed for at least one minute.
9. If at any time during the test, the subject detects the banana-like odor of IAA, the test has failed. The subject shall quickly exit from the test chamber and leave the test area to avoid olfactory fatigue.
10. If the test is failed, the subject shall return to the selection room and remove the respirator, repeat the odor sensitivity test, select and put on another respirator, return to the test chamber, and again begin the procedure described in the c(4) through c(8) above. The process continues until a respirator that fits well has been found. Should the odor sensitivity test be failed, the subject shall wait about 5 minutes before retesting. Odor sensitivity will usually have returned by this time.
11. If a person cannot pass the fit test described above wearing a half-mask respirator from the available selection, full facepiece models must be used.
12. When a respirator is found that passes the test, the subject breaks the faceseal and takes a breath before exiting the chamber. This is to assure that the reason the test subject is not smelling the IAA is the good fit of the respirator facepiece seal and not olfactory fatigue.
13. When the test subject leaves the chamber, the subject shall remove the saturated towel and return it to the person conducting the test. To keep the area from becoming contaminated, the used towels shall be kept in a self-sealing bag so there is no significant
14. At least two facepieces shall be selected for the IAA test protocol. The test subject shall be given the opportunity to wear them for one week to choose the one which is more comfortable to wear.
15. Persons who have successfully passed this fit test with a half-mask respirator may be assigned the use of the test respirator in atmospheres with up to 10 times the PEL of airborne asbestos. In atmospheres greater than 10 times, and less than 100 times the PEL (up to 100 ppm), the subject must pass the IAA test using a full face negative pressure respirator. (The concentration of the 1AA inside the test chamber must be increased by ten times for QLFT of the full facepiece.)
16. The test shall not be conducted if there is any hair growth between the skin the facepiece sealing surface.
17. If hair growth or apparel interfere with a satisfactory fit, then they shall be altered or removed so as to eliminate interference and allow a satisfactory fit. If a satisfactory fit is still not attained, the test subject must use a positive-pressure respirator such as powered air-purifying respirators, supplied air respirator, or self-contained breathing apparatus.
18. If a test subject exhibits difficulty in breathing during the tests, she or he shall be referred to a physician trained in respirator diseases or pulmonary medicine to determine whether the test subject can wear a respirator while performing her or his duties.
19. Qualitative fit testing shall be repeated at least every six months.
20. In addition, because the sealing of the respirator may be affected, qualitative fit testing shall be repeated immediately when the test subject has a:
(1) Weight change of 20 pounds or more,
(2) Significant facial scarring in the area of the facepiece seal,
(3) Significant dental changes; i.e.; multiple extractions without prothesis, or acquiring dentures,
(4) Reconstructive or cosmetic surgery, or
(5) Any other condition that may interfere with facepiece sealing.
D.
(1) Name of test subject.
(2) Date of testing.
(3) Name of the test conductor.
(4) Respirators selected (indicate manufacturer, model, size and approval number).
(5) Testing agent.
A.
B.
1. An enclosure about head and shoulders shall be used for threshold screening (to determine if the individual can taste saccharin) and for fit testing. The enclosure shall be approximately 12 inches in diameter by 14 inches tall with at least the front clear to allow free movement of the head when a respirator is worn.
2. The test enclosure shall have a three-quarter inch hole in front of the test subject's nose and mouth area to accommodate the nebulizer nozzle.
3. The entire screening and testing procedure shall be explained to the test subject prior to conducting the screening test.
4. During the threshold screening test, the test subject shall don the test enclosure and breathe with open mouth with tongue extended.
5. Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or equivalent, the test conductor shall spray the threshold check solution into the enclosure. This nebulizer shall be clearly marked to distinguish it from the fit test solution nebulizer.
6. The threshold check solution consists of 0.83 grams of sodium saccharin, USP in water. It can be prepared by putting 1 cc of the test solution (see C 7 below) in 100 cc of water.
7. To produce the aerosol, the nebulizer bulb is firmly squeezed so that it collapses completely, then is released and allowed to fully expand.
8. Ten squeezes of the nebulizer bulb are repeated rapidly and then the test subject is asked whether the saccharin can be tasted.
9. If the first response is negative, ten more squeezes of the nebulizer bulb are repeated rapidly and the test subject is again asked whether the saccharin can be tasted.
10. If the second response is negative ten more squeezes are repeated rapidly and the test subject is again asked whether the saccharin can be tasted.
11. The test conductor will take note of the number of squeezes required to elicit a taste response.
12. If the saccharin is not tasted after 30 squeezes (Step 10), the saccharin fit test cannot be performed on the test subject.
13. If a taste response is elicited, the test subject shall be asked to take note of the taste for reference in the fit test.
14. Correct use of the nebulizer means that approximately 1 cc of liquid is used at a time in the nebulizer body.
15. The nebulizer shall be thoroughly rinsed in water, shaken dry, and refilled at least every four hours.
2. The fit test uses the same enclosure described in IIB above.
3. Each test subject shall wear the respirator for a least 10 minutes before starting the fit test.
4. The test subject shall don the enclosure while wearing the respirator selected in section IB above. This respirator shall be properly adjusted and equipped with a particulate filter.
5. The test subject may not eat, drink (except plain water), or chew gum for 15 minutes before the test.
6. A second DeVilbiss Model 40 Inhalation Medication Nebulizer is used to spray the fit test solution into the enclosure. This nebulizer shall be clearly marked to distinguish it from the screening test solution nebulizer.
7. The fit test solution is prepared by adding 83 grams of sodium saccharin to 100 cc of warm water.
8. As before, the test subject shall breathe with mouth open and tongue extended.
9. The nebulizer is inserted into the hole in the front of the enclosure and the fit test solution is sprayed into the enclosure using the same technique as for the taste threshold screening and the same number of squeezes required to elicit a taste response in the screening. (See B8 through B10 above).
10. After generation of the aerosol read the following instructions to the test subject. The test subject shall perform the exercises for one minute each.
i. Breathe normally.
ii. Breathe deeply. Be certain breaths are
iii. Turn head all the way from one side to the other. Be certain movement is complete. Inhale on each side. Do not bump the respirator against the shoulders.
iv. Nod head up-and-down. Be certain motions are complete. Inhale when head is in the full up position (when looking toward the ceiling). Do not to bump the respirator on the chest.
v. Talking. Talk aloud and slowly for several minutes. The following paragraph is called the Rainbow Passage. Reading it will result in a wide range of facial movements, and thus be useful to satisfy this requirement. Alternative passages which serve the same purpose may also be used.
vi. Jogging in place.
vii. Breathe normally.
When the sunlight strikes raindrops in the air, they act like a prism and form a rainbow. The rainbow is a division of white light into many beautiful colors. These take the shape of a long round arch, with its path high above, and its two ends apparently beyond the horizon. There is, according to legend, a boiling pot of gold at one end. People look, but no one ever finds it. When a man looks for something beyond his reach, his friends say he is looking for the pot of gold at the end of the rainbow.
11. At the beginning of each exercise, the aerosol concentration shall be replenished using one-half the number of squeezes as initially described in C9.
12. The test subject shall indicate to the test conductor if at any time during the fit test the taste of saccharin is detected.
13. If the saccharin is detected the fit is deemed unsatisfactory and a different respirator shall be tried.
14. At least two facepieces shall be selected by the IAA test protocol. The test subject shall be given the opportunity to wear them for one week to choose the one which is more comfortable to wear.
15. Successful completion of the test protocol shall allow the use of the half mask tested respirator in contaminated atmospheres up to 10 times the PEL of asbestos. In other words this protocol may be used to assign protection factors no higher than ten.
16. The test shall not be conducted if there is any hair growth between the skin and the facepiece sealing surface.
17. If hair growth or apparel interfere with a satisfactory fit, then they shall be altered or removed so as to eliminate interference and allow a satisfactory fit. If a satisfactory fit is still not attained, the test subject must use a positive-pressure respirator such as powered air-purifying respirators, supplied air respirator, or self-contained breathing apparatus.
18. If a test subject exhibits difficulty in breathing during the tests, she or he shall be referred to a physician trained in respirator diseases or pulmonary medicine to determine whether the test subject can wear a respirator while performing her or his duties.
19. Qualitative fit testing shall be repeated at least every six months.
20. In addition, because the sealing of the respirator may be affected, qualitative fit testing shall be repeated immediately when the test subject has a:
(1) Weight change of 20 pounds or more,
(2) Significant facial scarring in the area of the facepiece seal,
(3) Significant dental changes; i.e.; multiple extractions without prothesis, or acquiring dentures,
(4) Reconstructive or cosmetic surgery, or
(5) Any other condition that may interfere with facepiece sealing.
(1) Name of test subject
(2) Date of testing.
(3) Name of test conductor.
(4) Respirators selected (indicate manufacturer, model, size and approval number).
(5) Testing agent.
2. The test subject shall properly don the respirator selected as above, and wear it for at least 10 minutes before starting the fit test.
3. The test conductor shall review this protocol with the test subject before testing.
4. The test subject shall perform the conventional positive pressure and negative pressure fit checks (see ANSI Z88.2 1980). Failure of either check shall be cause to select an alternate respirator.
5. Break both ends of a ventilation smoke tube containing stannic oxychloride, such as the MSA part #5645, or equivalent. Attach a short length of tubing to one end of the smoke tube. Attach the other end of the smoke tube to a low pressure air pump set to deliver 200 milliliters per minute.
6. Advise the test subject that the smoke can be irritating to the eyes and instruct the subject to keep the eyes closed while the test is performed.
7. The test conductor shall direct the stream of irritant smoke from the tube towards the faceseal area of the test subject. The person conducting the test shall begin with the tube at least 12 inches from the facepiece and gradually move to within one inch, moving around the whole perimeter of the mask.
8. The test subject shall be instructed to do the following exercises while the respirator is being challenged by the smoke. Each exercise shall be performed for one minute.
i. Breathe normally.
ii. Breathe deeply. Be certain breaths are
iii. Turn head all the way from one side to the other. Be certain movement is complete. Inhale on each side. Do not bump the respirator against the shoulders.
iv. Nod head up-and-down. Be certain motions are complete and made every second. Inhale when head is in the full up position (looking toward ceiling). Do not bump the respirator against the chest.
v. Talking. Talk aloud and slowly for several minutes. The following paragraph is called the Rainbow Passage. Reading it will result in a wide range of facial movements, and thus be useful to satisfy this requirement. Alternative passages which serve the same purpose may also be used.
When the sunlight strikes raindrops in the air, they act like a prism and form a rainbow. The rainbow is a division of white light into many beautiful colors. These take the shape of a long round arch, with its path high above, and its two end apparently beyond the horizon. There is, according to legend, a boiling pot of gold at one end. People look, but no one ever finds it. When a man looks for something beyond his reach, his friends say he is looking for the pot of gold at the end of the rainbow.
vi. Jogging in Place.
vii. Breathe normally.
9. The test subject shall indicate to the test conductor if the irritant smoke is detected. If smoke is detected, the test conductor shall stop the test. In this case, the tested respirator is rejected and another respirator shall be selected.
10. Each test subject passing the smoke test (i.e. without detecting the smoke) shall be given a sensitivity check of smoke from the same tube to determine if the test subject reacts to the smoke. Failure to evoke a response shall void the fit test.
11. Steps B4, B9, B10 of this fit test protocol shall be performed in a location with exhaust ventilation sufficient to prevent general contamination of the testing area by the test agents.
12. At least two facepieces shall be selected by the IAA test protocol. The test subject shall be given the opportunity to wear them for one week to choose the one which is more comfortable to wear.
13. Respirators successfully tested by the protocol may be used in contaminated atmospheres up to ten times the PEL of asbestos.
14. The test shall not be conducted if there is any hair growth between the skin and the facepiece sealing surface.
15. If hair growth or apparel interfere with a satisfactory fit, then they shall be altered or removed so as to eliminate interference and allow a satisfactory fit. If a satisfactory fit is still not attained, the test subject must use a positive-pressure respirator such as powered air-purifying respirators, supplied air respirator, or self-contained breathing apparatus.
16. If a test subject exhibits difficulty in breathing during the tests, she or he shall be referred to a physician trained in respirator diseases or pulmonary medicine to determine whether the test subject can wear a respirator while performing her or his duties.
17. Qualitative fit testing shall be repeated at least every six months.
18. In addition, because the sealing of the respirator may be affected, qualitative fit testing shall be repeated immediately when the test subject has a:
(1) Weight change of 20 pounds or more,
(2) Significant facial scarring in the area of the facepiece seal,
(3) Significant dental changes; i.e.; multiple extractions without prothesis, or acquiring dentures,
(4) Reconstructive or cosmetic surgery, or
(5) Any other condition that may interfere with facepiece sealing.
(1) Name of test subject
(2) Date of testing.
(3) Name of test conductor.
(4) Respirators selected (indicate manufacturer, model, size and approval number).
(5) Testing agent
a. The method applies to negative-pressure non-powered air-purifying respirators only.
b. The employer shall assign one individual who shall assume the full responsibility for implementing the respirator quantitative fit test program.
a. “Quantitative Fit Test” means the measurement of the effectiveness of a respirator seal in excluding the ambient atmosphere. The test is performed by dividing the measured concentration of challenge agent in a test chamber by the measured concentration of the challenge agent inside the respirator facepiece when the normal air purifying element has been replaced by an essentially perfect purifying element.
b. “Challenge Agent” means the air contaminant introduced into a test chamber so that its concentration inside and outside the respirator may be compared.
c. “Test Subject” means the person wearing the respirator for quantitative fit testing.
d. “Normal Standing Position” means standing erect and straight with arms down along the sides and looking straight ahead.
e. “Fit Factor” means the ratio of challenge agent concentration outside with respect to the inside of a respirator inlet covering (facepiece or enclosure).
a.
b.
c. When testing air-purifying respirators, the normal filter or cartridge element shall be replaced with a high-efficiency particular filter supplied by the same manufacturer.
d. The sampling instrument shall be selected so that a strip chart record may be made of the test showing the rise and fall of challenge agent concentration with each inspiration and expiration at fit factors of at least 2,000.
e. The combination of substitute air-purifying elements (if any), challenge agent, and challenge agent concentration in the test chamber shall be such that the test subject is not exposed in excess of PEL to the challenge agent at any time during the testing process.
f. The sampling port on the test specimen respirator shall be placed and constructed so that there is no detectable leak around the port, a free air flow is allowed into the sampling line at all times and so there is no interference with the fit or performance of the respirator.
g. The test chamber and test set-up shall permit the person administering the test to observe one test subject inside the chamber during the test.
h. The equipment generating the challenge atmosphere shall maintain the concentration of challenge agent constant within a 10 percent variation for the duration of the test.
i. The time lag (interval between an event and its being recorded on the strip chart) of the instrumentation may not exceed 2 seconds.
j. The tubing for the test chamber atmosphere and for the respirator sampling port shall be the same diameter, length and material. It shall be kept as short as possible. The smallest diameter tubing recommended by the manufacturer shall be used.
k. The exhaust flow from the test chamber shall pass through a high-efficiency filter before release to the room.
l. When sodium chloride aerosol is used, the relative humidity inside the test chamber shall not exceed 50 percent.
a. The fitting of half-mask respirators should be started with those having multiple sizes and a variety of interchangeable cartridges and canisters such as the MSA Comfo II-M, Norton M, Survivair M, A-O M, or Scott-M. Use either of the tests outlined below to assure that the facepiece is properly adjusted.
(1)
(2)
b. After a facepiece is adjusted, the test subject shall wear the facepiece for at least 5 minutes before conducting a qualitative test by using either of the methods described below and using the exercise regime described in 5.a., b., c., d. and e.
(1)
(2)
c. The test subject may enter the quantitative testing chamber only if she or he has obtained a satisfactory fit as stated in 4.b. of this appendix.
d. Before the subject enters the test chamber, a reasonably stable challenge agent concentration shall be measured in the test chamber.
e. Immediately after the subject enters the test chamber, the challenge agent concentration inside the respirator shall be measured to ensure that the peak penetration does not exceed 5 percent for a half-mask and 1 percent for a full facepiece.
f. A stable challenge agent concentration shall be obtained prior to the actual start of testing.
1. Respirator restraining straps may not be over-tightened for testing. The straps shall be adjusted by the wearer to give a reasonably comfortable fit typical of normal use.
Prior to entering the test chamber, the test subject shall be given complete instructions as to her/his part in the test procedures. The test subject shall perform the following exercises, in the order given, for each independent test.
a.
b.
c.
d.
e.
f.
g.
h.
i.
When the sunlight strikes raindrops in the air, they act like a prism and form a rainbow. The rainbow is a division of white light into many beautiful colors. These take the shape of a long round arch, with its path high above, and its two ends apparently beyond the horizon. There is, according to legend, a boiling pot of gold at one end. People look, but no one ever finds it. When a man looks for something beyond reach, his friends say he is looking for the pot of gold at the end of the rainbow.
The test shall be terminated whenever any single peak penetration exceeds 5 percent for half-masks and 1 percent for full facepieces. The test subject may be refitted and retested. If two of the three required tests are terminated, the fit shall be deemed inadequate. (See paragraph 4.h)
6. The test shall be terminated whenever any single peak penetration exceeds 5 percent for half-masks and 1 percent for full facepieces. The test subject may be refitted and retested. If two the three required tests are terminated, the fit shall be deemed inadequate. (See paragraph 4.h.).
a. The fit factor determined by the quantitative fit test equals the average concentration inside the respirator.
b. The average test chamber concentration is the arithmetic average of the test chamber concentration at the beginning and of the end of the test.
c. The average peak concentration of the challenge agent inside the respirator shall be the arithmetic average peak concentrations for each of the nine exercises of the test which are computed as the arithmetic average of the peak concentrations found for each breath during the exercise.
d. The average peak concentration for an exercise may be determined graphically if there is not a great variation in the peak concentrations during a single exercise.
The fit factor measured by the quantitative fit testing shall be the lowest of the three protection factors resulting from three independent tests.
a. The test subject shall not be permitted to wear a half-mask or full facepiece mask if the minimum fit factor of 100 or 1,000, respectively, cannot be obtained. If hair growth or apparel interfere with a satisfactory fit, then they shall be altered or removed so as to eliminate interference and allow a satisfactory fit. If a satisfactory fit is still not attained, the test subject must use a positive-pressure respirator such as powered air-purifying respirators, supplied air respirator, or self-contained breathing apparatus.
b. The test shall not be conducted if there is any hair growth between the skin and the facepiece sealing surface.
c. If a test subject exhibits difficulty in breathing during the tests, she or he shall be referred to a physician trained in respirator diseases or pulmonary medicine to determine whether the test subject can wear a respirator while performing her or his duties.
d. The test subject shall be given the opportunity to wear the assigned respirator for one week. If the respirator does not provide a satisfactory fit during actual use, the test subject may request another QNFT which shall be performed immediately.
e. A respirator fit factor card shall be issued to the test subject with the following information:
(1) Name
(2) Date of fit test.
(3) Protection factors obtained through each manufacturer, model and approval number of respirator tested.
(4) Name and signature of the person that conducted the test.
f. Filters used for qualitative or quantitative fit testing shall be replaced weekly, whenever increased breathing resistance is encountered, or when the test agent has altered the integrity of the filter media. Organic vapor cartridges/canisters shall be replaced daily or sooner if there is any indication of breakthrough by the test agent.
10. In addition, because the sealing of the respirator may be affected, quantitative fit testing shall be repeated immediately when the test subject has a:
(1) Weight change of 20 pounds or more,
(2) Significant facial scarring in the area of the facepiece seal,
(3) Significant dental changes; i.e.; multiple extractions without prothesis, or acquiring dentures,
(4) Reconstructive or cosmetic surgery, or
(5) Any other condition that may interfere with facepiece sealing.
A summary of all test results shall be maintained in for 3 years. The summary shall include:
(1) Name of test subject
(2) Date of testing.
(3) Name of the test conductor.
(4) Fit factors obtained from every respirator tested (indicate manufacturer, model, size and approval number).
This mandatory appendix contains the medical questionnaires that must be administered to all employees who are exposed to asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals above the permissible exposure limit (0.1 f/cc), and who will therefore be included in their employer's medical surveillance program. Part 1 of the appendix contains the Initial Medical Questionnaire, which must be obtained for all new hires who will be covered by the medical surveillance requirements. Part 2 includes the abbreviated Periodical Medical Questionnaire, which must be administered to all employees who are provided periodic medical examinations under the medical surveillance provisions of the standard.
(a) Chest roentgenograms shall be interpreted and classified in accordance with a professionally accepted classification system and recorded on an interpretation form following the format of the CDC/NIOSH (M) 2.8 form. As a minimum, the content within the bold lines of this form (items 1 through 4) shall be included. This form is not to be submitted to NIOSH.
(b) Roentgenograms shall be interpreted and classified only by a B-reader, a board eligible/certified radiologist, or an experienced physician with known expertise in pneumoconioses.
(c) All interpreters, whenever interpreting chest roentgenograms made under this section, shall have immediately available for reference a complete set of the ILO-U/C International Classification of Radiographs for Pneumoconioses, 1980.
This is a non-mandatory appendix to the asbestos standards for construction and for shipyards. It describes criteria and procedures for erecting and using negative pressure enclosures for Class I Asbestos Work, when NPEs are used as an allowable control method to comply with paragraph (g)(5) (i) of this section. Many small and variable details are involved in the erection of a negative pressure enclosure. OSHA and most participants in the rulemaking agreed that only the major, more performance oriented criteria should be made mandatory. These criteria are set out in paragraph (g) of this section. In addition, this appendix includes these mandatory specifications and procedures in its guidelines in order to make this appendix coherent and helpful. The mandatory nature of the criteria which appear in the regulatory text is not changed because they are included in this “non-mandatory” appendix. Similarly, the additional criteria and procedures included as guidelines in the appendix, do not become mandatory because mandatory criteria are also included in these comprehensive guidelines.
In addition, none of the criteria, both mandatory and recommended, are meant to specify or imply the need for use of patented or licensed methods or equipment. Recommended specifications included in this attachment should not discourage the use of creative alternatives which can be shown to reliably achieve the objectives of negative-pressure enclosures.
Requirements included in this appendix, cover general provisions to be followed in all asbestos jobs, provisions which must be followed for all Class I asbestos jobs, and provisions governing the construction and testing of negative pressure enclosures. The first category includes the requirement for use of wet methods, HEPA vacuums, and immediate bagging of waste; Class I work must conform to the following provisions:
• oversight by competent person
• use of critical barriers over all openings to work area
• isolation of HVAC systems
• use of impermeable dropcloths and coverage of all objects within regulated areas
In addition, more specific requirements for NPEs include:
• maintenance of −0.02 inches water gauge within enclosure
• manometric measurements
• air movement away from employees performing removal work
• smoke testing or equivalent for detection of leaks and air direction
• deactivation of electrical circuits, if not provided with ground-fault circuit interrupters.
The standard requires that an exposure assessment be conducted before the asbestos job is begun § 1915.1001(f)(1). Information needed for that assessment, includes data relating to prior similar jobs, as applied to the specific variables of the current job. The information needed to conduct the assessment will be useful in planning the project, and in complying with any reporting requirements under this standard, when significant changes are being made to a control system listed in the standard, [see paragraph (k) of this section], as well as those of USEPA (40 CFR part 61, subpart M). Thus, although the standard does not explicitly require the preparation of a written asbestos removal plan, the usual constituents of such a plan, i.e., a description of the enclosure, the equipment, and the procedures to be used throughout the project, must be determined before the enclosure can be erected. The following information should be included in the planning of the system:
A physical description of the work area;
A description of the approximate amount of material to be removed;
A schedule for turning off and sealing existing ventilation systems;
Personnel hygiene procedures;
A description of personal protective equipment and clothing to worn by employees;
A description of the local exhaust ventilation systems to be used and how they are to be tested;
A description of work practices to be observed by employees;
An air monitoring plan;
A description of the method to be used to transport waste material; and
The location of the dump site.
Although individual asbestos removal projects vary in terms of the equipment required to accomplish the removal of the materials, some equipment and materials are common to most asbestos removal operations.
Plastic sheeting used to protect horizontal surfaces, seal HVAC openings or to seal vertical openings and ceilings should have a minimum thickness of 6 mils. Tape or other adhesive used to attach plastic sheeting should be of sufficient adhesive strength to support the weight of the material plus all stresses encountered during the entire duration of the project without becoming detached from the surface.
Other equipment and materials which should be available at the beginning of each project are:
—HEPA Filtered Vacuum is essential for cleaning the work area after the asbestos has been removed. It should have a long hose capable of reaching out-of-the-way places, such as areas above ceiling tiles, behind pipes, etc.
—Portable air ventilation systems installed to provide the negative air pressure and air removal from the enclosure must be equipped with a HEPA filter. The number and capacity of units required to ventilate an enclosure depend on the size of the area to be ventilated. The filters for these systems should be designed in such a manner that they can be replaced when the air flow volume is reduced by the build-up of dust in the filtration material. Pressure monitoring devices with alarms and strip chart recorders attached to each system to indicate the pressure differential and the loss due to dust buildup on the filter are recommended.
Disabling HVAC Systems: The power to the heating, ventilation, and air conditioning systems that service the restricted area must be deactivated and locked off. All ducts, grills, access ports, windows and vents must be sealed off with two layers of plastic to prevent entrainment of contaminated air.
Operating HVAC Systems in the Restricted Area: If components of a HVAC system located in the restricted area are connected to a system that will service another zone during the project, the portion of the duct in the restricted area must be sealed and pressurized. Necessary precautions include caulking the duct joints, covering all cracks and openings with two layers of sheeting, and pressurizing the duct throughout the duration of the project by restricting the return air flow. The power to the fan supplying the positive pressure should be locked “on” to prevent pressure loss.
Sealing Elevators: If an elevator shaft is located in the restricted area, it should be either shut down or isolated by sealing with two layers of plastic sheeting. The sheeting should provide enough slack to accommodate the pressure changes in the shaft without breaking the air-tight seal.
Removing Mobile Objects: All movable objects should be cleaned and removed from the work area before an enclosure is constructed unless moving the objects creates a hazard. Mobile objects will be assumed to be contaminated and should be either cleaned with amended water and a HEPA vacuum and then removed from the area or wrapped and then disposed of as hazardous waste.
Cleaning and Sealing Surfaces: After cleaning with water and a HEPA vacuum, surfaces of stationary objects should be covered with two layers of plastic sheeting. The sheeting should be secured with duct tape or an equivalent method to provide a tight seal around the object.
Bagging Waste: In addition to the requirement for immediate bagging of waste for disposal, it is further recommended that the waste material be double-bagged and sealed in plastic bags designed for asbestos disposal. The bags should be stored in a waste storage area that can be controlled by the workers conducting the removal. Filters removed from air handling units and rubbish removed from the area are to be bagged and handled as hazardous waste.
The enclosure should be constructed to provide an air-tight seal around ducts and
Size: An enclosure should be the minimum volume to encompass all of the working surfaces yet allow unencumbered movement by the worker(s), provide unrestricted air flow past the worker(s), and ensure walking surfaces can be kept free of tripping hazards.
Shape: The enclosure may be any shape that optimizes the flow of ventilation air past the worker(s).
Structural Integrity: The walls, ceilings and floors must be supported in such a manner that portions of the enclosure will not fall down during normal use.
Openings: It is not necessary that the structure be airtight; openings may be designed to direct air flow. Such openings should be located at a distance from active removal operations. They should be designed to draw air into the enclosure under all anticipated circumstances. In the event that negative pressure is lost, they should be fitted with either HEPA filters to trap dust or automatic trap doors that prevent dust from escaping the enclosure. Openings for exits should be controlled by an airlock or a vestibule.
Barrier Supports: Frames should be constructed to support all unsupported spans of sheeting.
Sheeting: Walls, barriers, ceilings, and floors should be lined with two layers of plastic sheeting having a thickness of at least 6 mil.
Seams: Seams in the sheeting material should be minimized to reduce the possibilities of accidental rips and tears in the adhesive or connections. All seams in the sheeting should overlap, be staggered and not be located at corners or wall-to- floor joints. Areas Within an Enclosure: Each enclosure consists of a work area, a decontamination area, and waste storage area. The work area where the asbestos removal operations occur should be separated from both the waste storage area and the contamination control area by physical curtains, doors, and/or airflow patterns that force any airborne contamination back into the work area.
See paragraph (j) of § 1915.1001 for requirements for hygiene facilities.
During egress from the work area, each worker should step into the equipment room, clean tools and equipment, and remove gross contamination from clothing by wet cleaning and HEPA vacuuming. Before entering the shower area, foot coverings, head coverings, hand coverings, and coveralls are removed and placed in impervious bags for disposal or cleaning. Airline connections from airline respirators with HEPA disconnects and power cables from powered air-purifying respirators (PAPRs) will be disconnected just prior to entering the shower room.
Negative Pressure: Air is to be drawn into the enclosure under all anticipated conditions and exhausted through a HEPA filter for 24 hours a day during the entire duration of the project.
Air Flow Tests: Air flow patterns will be checked before removal operations begin, at least once per operating shift and any time there is a question regarding the integrity of the enclosure. The primary test for air flow is to trace air currents with smoke tubes or other visual methods. Flow checks are made at each opening and at each doorway to demonstrate that air is being drawn into the enclosure and at each worker's position to show that air is being drawn away from the breathing zone.
Monitoring Pressure Within the Enclosure: After the initial air flow patterns have been checked, the static pressure must be monitored within the enclosure. Monitoring may be made using manometers, pressure gauges, or combinations of these devices. It is recommended that they be attached to alarms and strip chart recorders at points identified by the design engineer.
Corrective Actions: If the manometers or pressure gauges demonstrate a reduction in pressure differential below the required level, work should cease and the reason for the change investigated and appropriate changes made. The air flow patterns should be retested before work begins again.
Pressure Differential: The design parameters for static pressure differentials between the inside and outside of enclosures typically range from 0.02 to 0.10 inches of water gauge, depending on conditions. All zones inside the enclosure must have less pressure than the ambient pressure outside of the enclosure (-0.02 inches water gauge differential). Design specifications for the differential vary according to the size, configuration, and shape of the enclosure as well as ambient and mechanical air pressure conditions around the enclosure.
Air Flow Patterns: The flow of air past each worker shall be enhanced by positioning the intakes and exhaust ports to remove contaminated air from the worker's breathing zone, by positioning HEPA vacuum cleaners to draw air from the worker's breathing zone, by forcing relatively uncontaminated air past the worker toward an exhaust port, or by using a combination of methods to reduce the worker's exposure.
Air Handling Unit Exhaust: The exhaust plume from air handling units should be located away from adjacent personnel and intakes for HVAC systems.
Air Flow Volume: The air flow volume (cubic meters per minute) exhausted (removed) from the workplace must exceed the amount of makeup air supplied to the enclosure. The rate of air exhausted from the enclosure should be designed to maintain a negative pressure in the enclosure and air movement past each worker. The volume of air flow removed from the enclosure should replace the volume of the container at every 5 to 15 minutes. Air flow volume will need to be relatively high for large enclosures, enclosures with awkward shapes, enclosures with multiple openings, and operations employing several workers in the enclosure.
Air Flow Velocity: At each opening, the air flow velocity must visibly “drag” air into the enclosure. The velocity of air flow within the enclosure must be adequate to remove airborne contamination from each worker's breathing zone without disturbing the asbestos-containing material on surfaces.
Airlocks: Airlocks are mechanisms on doors and curtains that control the air flow patterns in the doorways. If air flow occurs, the patterns through doorways must be such that the air flows toward the inside of the enclosure. Sometimes vestibules, double doors, or double curtains are used to prevent air movement through the doorways. To use a vestibule, a worker enters a chamber by opening the door or curtain and then closing the entry before opening the exit door or curtain.
Airlocks should be located between the equipment room and shower room, between the shower room and the clean room, and between the waste storage area and the outside of the enclosure. The air flow between adjacent rooms must be checked using smoke tubes or other visual tests to ensure the flow patterns draw air toward the work area without producing eddies.
In addition to the breathing zone samples taken as outlined in paragraph (f) of § 1915.1001 , samples of air should be taken to demonstrate the integrity of the enclosure, the cleanliness of the clean room and shower area, and the effectiveness of the HEPA filter. If the clean room is shown to be contaminated, the room must be relocated to an uncontaminated area.
Samples taken near the exhaust of portable ventilation systems must be done with care.
Preventing dust dispersion is the primary means of controlling the spread of asbestos within the enclosure. Whenever practical, the point of removal should be isolated, enclosed, covered, or shielded from the workers in the area. Waste asbestos containing materials must be bagged during or immediately after removal; the material must remain saturated until the waste container is sealed.
Waste material with sharp points or corners must be placed in hard air-tight containers rather than bags.
Whenever possible, large components should be sealed in plastic sheeting and removed intact.
Bags or containers of waste will be moved to the waste holding area, washed, and wrapped in a bag with the appropriate labels.
Surfaces within the work area should be kept free of visible dust and debris to the extent feasible. Whenever visible dust appears on surfaces, the surfaces within the enclosure must be cleaned by wiping with a wet sponge, brush, or cloth and then vacuumed with a HEPA vacuum.
All surfaces within the enclosure should be cleaned before the exhaust ventilation system is deactivated and the enclosure is disassembled. An approved encapsulant may be sprayed onto areas after the visible dust has been removed.
A. Substance: “Asbestos” is the name of a class of magnesium-silicate minerals that occur in fibrous form. Minerals that are included in this group are chrysotile, crocidolite, amosite, anthophyllite asbestos, tremolite asbestos, and actinolite asbestos.
B. Asbestos is and was used in the manufacture of heat-resistant clothing, automotive brake and clutch linings, and a variety of building materials including floor tiles, roofing felts, ceiling tiles, asbestos-cement pipe and sheet, and fire-resistant drywall. Asbestos is also present in pipe and boiler insulation materials and in sprayed-on materials located on beams, in crawlspaces, and between walls.
C. The potential for an asbestos-containing product to release breathable fibers depends largely on its degree of friability. Friable means that the material can be crumbled with hand pressure and is therefore likely to emit fibers. The fibrous fluffy sprayed-on materials used for fireproofing, insulation, or sound proofing are considered to be friable, and they readily release airborne fibers if disturbed. Materials such as vinyl-asbestos floor tile or roofing felt are considered non-friable if intact and generally do not emit airborne fibers unless subjected to sanding, sawing and other aggressive operations. Asbestos—cement pipe or sheet can emit airborne fibers if the materials are cut or sawed, or if they are broken.
D. Permissible exposure: Exposure to airborne asbestos fibers may not exceed 0.1 fibers per cubic centimeter of air (0.1 f/cc) averaged over the 8-hour workday, and 1 fiber per cubic centimeter of air (1.0 f/cc) averaged over a 30 minute work period.
A. Asbestos can cause disabling respiratory disease and various types of cancers if the fibers are inhaled. Inhaling or ingesting fibers from contaminated clothing or skin can also result in these diseases. The symptoms of these diseases generally do not appear for 20 or more years after initial exposure.
B. Exposure to asbestos has been shown to cause lung cancer, mesothelioma, and cancer of the stomach and colon. Mesothelioma is a rare cancer of the thin membrane lining of the chest and abdomen. Symptoms of mesothelioma include shortness of breath, pain in the walls of the chest, and/or abdominal pain.
A. Respirators: You are required to wear a respirator when performing tasks that result in asbestos exposure that exceeds the permissible exposure limit (PEL) of 0.1 f/cc and when performing certain designated operations. Air-purifying respirators equipped with a high-efficiency particulate air (HEPA) filter can be used where airborne asbestos fiber concentrations do not exceed 1.0 f/cc; otherwise, more protective respirators such as air-supplied, positive-pressure, full facepiece respirators must be used. Disposable respirators or dust masks are not permitted to be used for asbestos work. For effective protection, respirators must fit your face and head snugly. Your employer is required to conduct a fit test when you are first assigned a respirator and every 6 months thereafter. Respirators should not be loosened or removed in work situations where their use is required.
B. Protective Clothing: You are required to wear protective clothing in work areas where asbestos fiber concentrations exceed the permissible exposure limit (PEL) of 0.1 f/cc.
A. Wastes that are generated by processes where asbestos is present include:
1. Empty asbestos shipping containers.
2. Process wastes such as cuttings, trimmings, or reject materials.
3. Housekeeping waste from wet-sweeping or HEPA-vacuuming.
4. Asbestos fireproofing or insulating material that is removed from buildings.
5. Asbestos-containing building products removed during building renovation or demolition.
6. Contaminated disposable protective clothing.
B. Empty shipping bags can be flattened under exhaust hoods and packed into airtight containers for disposal. Empty shipping drums are difficult to clean and should be sealed.
C. Vacuum bags or disposable paper filters should not be cleaned, but should be sprayed with a fine water mist and placed into a labeled waste container.
D. Process waste and housekeeping waste should be wetted with water or a mixture of water and surfactant prior to packaging in disposable containers.
E. Asbestos-containing material that is removed from buildings must be disposed of in leak-tight 6-mil plastic bags, plastic-lined cardboard containers, or plastic-lined metal containers. These wastes, which are removed while wet, should be sealed in containers before they dry out to minimize the release of asbestos fibers during handling.
A. Each year, your employer is required to inform you of the information contained in this standard and appendices for asbestos. In addition, your employer must instruct you in the proper work practices for handling asbestos-containing materials, and the correct use of protective equipment.
B. Your employer is required to determine whether you are being exposed to asbestos. Your employer must treat exposure to thermal system insulation and sprayed-on and troweled-on surfacing material as asbestos exposure, unless results of laboratory analysis show that the material does not contain asbestos. You or your representative has the right to observe employee measurements and to record the results obtained. Your employer is required to inform you of your exposure, and, if you are exposed above the permissible exposure limit, he or she is required to inform you of the actions that are being taken to reduce your exposure to within the permissible limit.
C. Your employer is required to keep records of your exposures and medical examinations. These exposure records must be kept for at least thirty (30) years. Medical records must be kept for the period of your employment plus thirty (30) years.
D. Your employer is required to release your exposure and medical records to your physician or designated representative upon your written request.
Inhalation, ingestion.
Clinical evidence of the adverse effects associated with exposure to asbestos is present in the form of several well- conducted epidemiological studies of occupationally exposed workers, family contacts of workers, and persons living near asbestos mines. These studies have shown a definite association between exposure to asbestos and an increased incidence of lung cancer, pleural and peritoneal mesothelioma, gastrointestinal cancer, and asbestosis. The latter is a disabling fibrotic lung disease that is caused only by exposure to asbestos. Exposure to asbestos has also been associated with an increased incidence of esophageal, kidney, laryngeal, pharyngeal, and buccal cavity cancers. As with other known chronic occupational diseases, disease associated with asbestos generally appears about 20 years following the first occurrence of exposure: There are no known acute effects associated with exposure to asbestos.
Epidemiological studies indicate that the risk of lung cancer among exposed workers who smoke cigarettes is greatly increased over the risk of lung cancer among non-exposed smokers or exposed nonsmokers. These studies suggest that cessation of smoking will reduce the risk of lung cancer for a person exposed to asbestos but will not reduce it to the same level of risk as that existing for an exposed worker who has never smoked.
The signs and symptoms of lung cancer or gastrointestinal cancer induced by exposure to asbestos are not unique, except that a chest X-ray of an exposed patient with lung cancer may show pleural plaques, pleural calcification, or pleural fibrosis. Symptoms characteristic of mesothelioma include shortness of breath, pain in the walls of the chest, or abdominal pain. Mesothelioma has a much longer latency period compared with lung cancer (40 years versus 15-20 years), and mesothelioma is therefore more likely to be found among workers who were first exposed to asbestos at an early age. Mesothelioma is always fatal.
Asbestosis is pulmonary fibrosis caused by the accumulation of asbestos fibers in the lungs. Symptoms include shortness of breath, coughing, fatigue, and vague feelings of sickness. When the fibrosis worsens, shortness of breath occurs even at rest. The diagnosis of asbestosis is based on a history of exposure to asbestos, the presence of characteristics radiologic changes, end-inspiratory crackles (rales), and other clinical features of fibrosing lung disease. Pleural plaques and thickening are observed on X-rays taken during the early sates of the disease. Asbestosis is often a progressive disease even in the absence of continued exposure, although this appears to be a highly individualized characteristic. In severe cases, death may be caused by respiratory or cardiac failure.
As noted above, exposure to asbestos have been linked to an increased risk of lung cancer, mesothelioma, gastrointestinal cancer, and asbestosis among occupationally exposed workers. Adequate screening tests to determine an employee's potential for developing serious chronic diseases, such as a cancer, from exposure to asbestos do not presently exist. However, some tests, particularly chest X-rays and pulmonary function tests, may indicate that an employee has been overexposed to asbestos increasing his or her risk of developing exposure related chronic diseases. It is important for the physician to become familiar with the operating conditions in which occupational exposure to asbestos is likely to occur. This is particularly important in evaluating medical and work histories and in conducting physical examinations. When an active employee has been identified as having been overexposed to asbestos measures taken by the employer to eliminate or mitigate further exposure should also lower the risk of serious long-term consequences.
The employer is required to institute a medical surveillance program for all employees who are or will be exposed to asbestos at or above the permissible exposure limits (0.1 fiber per cubic centimeter of air) for 30 or more days per year and for all employees who are assigned to wear a negative-pressure respirator. All examinations and procedures must be performed by or under the supervision of licensed physician at a reasonable time and place, and at no cost to the employee.
Although broad latitude is given to the physician in prescribing specific tests to be included in the medical surveillance program, OSHA requires inclusion of the following elements in the routine examination,
(i) Medical and work histories with special emphasis directed to symptoms of the respiratory system, cardiovascular system, and digestive tract.
(ii) Completion of the respiratory disease questionnaire contained in appendix D to this section.
(iii) A physical examination including a chest roentgenogram and pulmonary function test that include measurement of the employee's forced vital capacity (FYC) and forced expiratory volume at one second (FEV
(iv) Any laboratory or other test that the examining physician deems by sound medical practice to be necessary.
The employer is required to make the prescribed tests available at least annually to those employees covered; more often than specified if recommended by the examining
The employer is required to provide the physician with the following information: A copy of this standard and appendices; a description of the employee's duties as they relate to asbestos exposure; the employee's representative level of exposure to asbestos; a description of any personal protective and respiratory equipment used; and information from previous medical examinations of the affected employee that is not otherwise available to the physician. Making this information available to the physician will aid in the evaluation of the employee's health in relation to assigned duties and fitness to wear personal protective equipment, if required.
The employer is required to obtain a written opinion from the examining physician containing the results of the medical examination; the physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of exposure-related disease; any recommended limitations on the employee or on the use of personal protective equipment; and a statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions related to asbestos exposure that require further explanation or treatment. This written opinion must not reveal specific findings or diagnoses unrelated to exposure to asbestos, and a copy of the opinion must be provided to the affected employee.
The following organizations provide smoking cessation information.
1. The National Cancer Institute operates a toll-free Cancer Information Service (CIS) with trained personnel to help you. Call 1-800-4-CANCER* to reach the CIS office serving your area, or write: Office of Cancer Communications, National Cancer Institute, National Institutes of Health, Building 31, Room 10A24, Bethesda, Maryland 20892.
2. American Cancer Society, 3340 Peachtree Road, N.E., Atlanta, Georgia 30026, (404) 320-3333.
The American Cancer Society (ACS) is a voluntary organization composed of 58 divisions and 3,100 local units. Through “The Great American Smokeout” in November, the annual Cancer Crusade in April, and numerous educational materials, ACS helps people learn about the health hazards of smoking and become successful ex-smokers.
3. American Heart Association, 7320 Greenville Avenue, Dallas, Texas 75231, (214) 750-5300.
The American Heart Association (AHA) is a voluntary organization with 130,000 members (physicians, scientists, and laypersons) in 55 state and regional groups. AHA produces a variety of publications and audiovisual materials about the effects of smoking on the heart. AHA also has developed a guidebook for incorporating a weight-control component into smoking cessation programs.
4. American Lung Association, 1740 Broadway, New York, New York 10019, (212) 245-8000.
A voluntary organization of 7,500 members (physicians, nurses, and laypersons), the American Lung Association (ALA) conducted numerous public information programs about the health effects of smoking. ALA has 59 state and 85 local units. The organization actively supports legislation and information campaigns for non-smokers' rights and provides help for smokers who want to quit, for example, through “Freedom From Smoking,” a self-help smoking cessation program.
5. Office on Smoking and Health, U.S. Department of Health and Human Services 5600 Fishers Lane, Park Building, Room 110, Rockville, Maryland 20857.
The Office on Smoking and Health (OSHA) is the Department of Health and Human Services' lead agency in smoking control. OSHA has sponsored distribution of publications on smoking-related topics, such as free flyers on relapse after initial quitting, helping a friend or family member quit smoking, the health hazards of smoking, and the effects of parental smoking on teenagers.
*In Hawaii, on Oahu call 524-1234 (call collect from neighboring islands),
Spanish-speaking staff members are available during daytime hours to callers from the following areas: California, Florida, Georgia, Illinois, New Jersey (area code 201), New York, and Texas. Consult your local telephone directory for listings of local chapters.
Collect approximately 1 to 2 grams of each type of material and place into separate 20 mL scintillation vials.
A portion of each separate phase is analyzed by gross examination, phase-polar examination, and central stop dispersion microscopy.
Commercial manufacturers and products mentioned in this method are for descriptive use only and do not constitute endorsements by USDOL-OSHA. Similar products from other sources may be substituted.
This method describes the collection and analysis of asbestos bulk materials by light microscopy techniques including phase- polar illumination and central-stop dispersion microscopy. Some terms unique to asbestos analysis are defined below:
Light microscopy has been used for well over 100 years for the determination of mineral species. This analysis is carried out using specialized polarizing microscopes as well as bright field microscopes. The identification of minerals is an on-going process with many new minerals described each year. The first recorded use of asbestos was in Finland about 2500 B.C. where the material was used in the mud wattle for the wooden huts the people lived in as well as strengthening for pottery. Adverse health aspects of the mineral were noted nearly 2000 years ago when Pliny the Younger wrote about the poor health of slaves in the asbestos mines. Although known to be injurious for centuries, the first modern references to its toxicity were by the British Labor Inspectorate when it banned asbestos dust from the workplace in 1898. Asbestosis cases were described in the literature after the turn of the century. Cancer was first suspected in the mid 1930's and a causal link to mesothelioma was made in 1965. Because of the public concern for worker and public safety with the use of this material, several different types of analysis were applied to the determination of asbestos content. Light microscopy requires a great deal of experience and craft. Attempts were made to apply less subjective methods to the analysis. X-ray diffraction was partially successful in determining the mineral types but was unable to separate out the fibrous portions
When electron microscopy was applied to asbestos analysis, hundreds of fibers were discovered present too small to be visible in any light microscope. There are two different types of electron microscope used for asbestos analysis: Scanning Electron Microscope (SEM) and Transmission Electron Microscope (TEM). Scanning Electron Microscopy is useful in identifying minerals. The SEM can provide two of the three pieces of information required to identify fibers by electron microscopy: morphology and chemistry. The third is structure as determined by Selected Area Electron Diffraction—SAED which is performed in the TEM. Although the resolution of the SEM is sufficient for very fine fibers to be seen, accuracy of chemical analysis that can be performed on the fibers varies with fiber diameter in fibers of less than 0.2 µm diameter. The TEM is a powerful tool to identify fibers too small to be resolved by light microscopy and should be used in conjunction with this method when necessary. The TEM can provide all three pieces of information required for fiber identification. Most fibers thicker than 1 µm can adequately be defined in the light microscope. The light microscope remains as the best instrument for the determination of mineral type. This is because the minerals under investigation were first described analytically with the light microscope. It is inexpensive and gives positive identification for most samples analyzed. Further, when optical techniques are inadequate, there is ample indication that alternative techniques should be used for complete identification of the sample.
Minerals consist of atoms that may be arranged in random order or in a regular arrangement. Amorphous materials have atoms in random order while crystalline materials have long range order. Many materials are transparent to light, at least for small particles or for thin sections. The properties of these materials can be investigated by the effect that the material has on light passing through it. The six asbestos minerals are all crystalline with particular properties that have been identified and cataloged. These six minerals are anisotropic. They have a regular array of atoms, but the arrangement is not the same in all directions. Each major direction of the crystal presents a different regularity. Light photons travelling in each of these main directions will encounter different electrical neighborhoods, affecting the path and time of travel. The techniques outlined in this method use the fact that light traveling through fibers or crystals in different directions will behave differently, but predictably. The behavior of the light as it travels through a crystal can be measured and compared with known or determined values to identify the mineral species. Usually, Polarized Light Microscopy (PLM) is performed with strain-free objectives on a bright-field microscope platform. This would limit the resolution of the microscope to about 0.4 µm. Because OSHA requires the counting and identification of fibers visible in phase contrast, the phase contrast platform is used to visualize the fibers with the polarizing elements added into the light path. Polarized light methods cannot identify fibers finer than about 1µm in diameter even though they are visible. The finest fibers are usually identified by inference from the presence of larger, identifiable fiber bundles. When fibers are present, but not identifiable by light microscopy, use either SEM or TEM to determine the fiber identity.
The advantages of light microcopy are:
(a) Basic identification of the materials was first performed by light microscopy and gross analysis. This provides a large base of published information against which to check analysis and analytical technique.
(b) The analysis is specific to fibers. The minerals present can exist in asbestiform, fibrous, prismatic, or massive varieties all at the same time. Therefore, bulk methods of analysis such as X-ray diffraction, IR analysis, DTA, etc. are inappropriate where the material is not known to be fibrous.
(c) The analysis is quick, requires little preparation time, and can be performed on-site if a suitably equipped microscope is available.
The disadvantages are:
(a) Even using phase-polar illumination, not all the fibers present may be seen. This is a problem for very low asbestos concentrations where agglomerations or large bundles of fibers may not be present to allow identification by inference.
(b) The method requires a great degree of sophistication on the part of the microscopist. An analyst is only as useful as his mental catalog of images. Therefore, a microscopist's accuracy is enhanced by experience. The mineralogical training of the analyst is very important. It is the basis on which subjective decisions are made.
(c) The method uses only a tiny amount of material for analysis. This may lead to sampling bias and false results (high or low).
(d) Fibers may be bound in a matrix and not distinguishable as fibers so identification cannot be made.
Any material which is long, thin, and small enough to be viewed under the microscope can be considered an interference for asbestos. There are literally hundreds of interferences in workplaces. The techniques described in this method are normally sufficient to eliminate the interferences. An analyst's success in eliminating the interferences depends on proper training.
Asbestos minerals belong to two mineral families: the serpentines and the amphiboles. In the serpentine family, the only common fibrous mineral is chrysotile. Occasionally, the mineral antigorite occurs in a fibril habit with morphology similar to the amphiboles. The amphibole minerals consist of a score of different minerals of which only five are regulated by federal standard: amosite, crocidolite, anthophyllite asbestos, tremolite asbestos and actinolite asbestos. These are the only amphibole minerals that have been commercially exploited for their fibrous properties; however, the rest can and do occur occasionally in asbestiform habit.
In addition to the related mineral interferences, other minerals common in building material may present a problem for some microscopists: gypsum, anhydrite, brucite, quartz fibers, talc fibers or ribbons, wollastonite, perlite, attapulgite, etc. Other fibrous materials commonly present in workplaces are: fiberglass, mineral wool, ceramic wool, refractory ceramic fibers, kevlar, nomex, synthetic fibers, graphite or carbon fibers, cellulose (paper or wood) fibers, metal fibers, etc.
Matrix embedding material can sometimes be a negative interference. The analyst may not be able to easily extract the fibers from the matrix in order to use the method. Where possible, remove the matrix before the analysis, taking careful note of the loss of weight. Some common matrix materials are: vinyl, rubber, tar, paint, plant fiber, cement, and epoxy. A further negative interference is that the asbestos fibers themselves may be either too small to be seen in Phase contrast Microscopy (PCM) or of a very low fibrous quality, having the appearance of plant fibers. The analyst's ability to deal with these materials increases with experience.
Asbestos is ubiquitous in the environment. More than 40% of the land area of the United States is composed of minerals which may contain asbestos. Fortunately, the actual formation of great amounts of asbestos is relatively rare. Nonetheless, there are locations in which environmental exposure can be severe such as in the Serpentine Hills of California.
There are thousands of uses for asbestos in industry and the home. Asbestos abatement workers are the most current segment of the population to have occupational exposure to great amounts of asbestos. If the material is undisturbed, there is no exposure. Exposure occurs when the asbestos-containing material is abraded or otherwise disturbed during maintenance operations or some other activity. Approximately 95% of the asbestos in place in the United States is chrysotile.
Amosite and crocidolite make up nearly all the difference. Tremolite and anthophyllite make up a very small percentage. Tremolite is found in extremely small
The nominal chemical compositions for the asbestos minerals were given in Section 1. Compared to cleavage fragments of the same minerals, asbestiform fibers possess a high tensile strength along the fiber axis. They are chemically inert, non-combustible, and heat resistant. Except for chrysotile, they are insoluble in Hydrochloric acid (HCl). Chrysotile is slightly soluble in HCl. Asbestos has high electrical resistance and good sound absorbing characteristics. It can be woven into cables, fabrics or other textiles, or matted into papers, felts, and mats.
Possible physiologic results of respiratory exposure to asbestos are mesothelioma of the pleura or peritoneum, interstitial fibrosis, asbestosis, pneumoconiosis, or respiratory cancer. The possible consequences of asbestos exposure are detailed in the NIOSH Criteria Document or in the OSHA Asbestos Standards 29 CFR 1910.1001 and 29 CFR 1926.1101 and 29 CFR 1915.1001.
(a) Tube or cork borer sampling device
(b) Knife
(c) 20 mL scintillation vial or similar vial
(d) Sealing encapsulant
Asbestos is a known carcinogen. Take care when sampling. While in an asbestos-containing atmosphere, a properly selected and fit-tested respirator should be worn. Take samples in a manner to cause the least amount of dust. Follow these general guidelines:
(a) Do not make unnecessary dust.
(b) Take only a small amount (1 to 2 g).
(c) Tightly close the sample container.
(d) Use encapsulant to seal the spot where the sample was taken, if necessary.
Samples of any suspect material should be taken from an inconspicuous place. Where the material is to remain, seal the sampling wound with an encapsulant to eliminate the potential for exposure from the sample site. Microscopy requires only a few milligrams of material. The amount that will fill a 20 mL scintillation vial is more than adequate. Be sure to collect samples from all layers and phases of material. If possible, make separate samples of each different phase of the material. This will aid in determining the actual hazard.
If a cork-borer type sampler is available, push the tube through the material all the way, so that all layers of material are sampled. Some samplers are intended to be disposable. These should be capped and sent to the laboratory. If a non-disposable cork borer is used, empty the contents into a scintillation vial and send to the laboratory. Vigorously and completely clean the cork borer between samples.
Samples packed in glass vials must not touch or they might break in shipment.
(a) Seal the samples with a sample seal over the end to guard against tampering and to identify the sample.
(b) Package the bulk samples in separate packages from the air samples. They may cross-contaminate each other and will invalidate the results of the air samples.
(c) Include identifying paperwork with the samples, but not in contact with the suspected asbestos.
(d) To maintain sample accountability, ship the samples by certified mail, overnight express, or hand carry them to the laboratory.
The analysis of asbestos samples can be divided into two major parts: sample preparation and microscopy. Because of the different asbestos uses that may be encountered by the analyst, each sample may need different preparation steps. The choices are outlined below. There are several different tests that are performed to identify the asbestos species and determine the percentage. They will be explained below.
(a) Do not create unnecessary dust. Handle the samples in HEPA-filter equipped hoods. If samples are received in bags, envelopes or other inappropriate container, open them only in a hood having a face velocity at or greater than 100 fpm. Transfer a small amount to a scintillation vial and only handle the smaller amount.
(b) Open samples in a hood, never in the open lab area.
(c) Index of refraction oils can be toxic. Take care not to get this material on the skin. Wash immediately with soap and water if this happens.
(d) Samples that have been heated in the muffle furnace or the drying oven may be hot. Handle them with tongs until they are cool enough to handle.
(e) Some of the solvents used, such as THF (tetrahydrofuran), are toxic and should only be handled in an appropriate fume hood and according to instructions given in the Material Safety Data Sheet (MSDS).
(a) Phase contrast microscope with 10x, 16x and 40x objectives, 10x wide-field eyepieces, G-22 Walton-Beckett graticule, Whipple disk, polarizer, analyzer and first order red or gypsum plate, 100 Watt illuminator, rotating position condenser with oversize phase rings, central stop dispersion objective, Kohler illumination and a rotating mechanicalstage. (See figure 1).
(b) Stereo microscope with reflected light illumination, transmitted light illumination, polarizer, analyzer and first order red or gypsum plate, and rotating stage.
(c) Negative pressure hood for the stereo microscope
(d) Muffle furnace capable of 600 °C
(e) Drying oven capable of 50-150 °C
(f) Aluminum specimen pans
(g) Tongs for handling samples in the furnace
(h) High dispersion index of refraction oils (Special for dispersion staining.)
(i) A set of index of refraction oils from about n=1.350 to n=2.000 in n=0.005 increments. (Standard for Becke line analysis.)
(j) Glass slides with painted or frosted ends 1×3 inches 1mm thick, precleaned.
(k) Cover Slips 22×22 mm, #1
(l) Paper clips or dissection needles
(m) Hand grinder
(n) Scalpel with both #10 and #11 blades
(o) 0.1 molar HCl
(p) Decalcifying solution (Baxter Scientific Products) Ethylenediaminetetraacetic Acid,
(q) Tetrahydrofuran (THF)
(r) Hotplate capable of 60 °C
(s) Balance
(t) Hacksaw blade
(u) Ruby mortar and pestle
Sample preparation begins with pre-preparation which may include chemical reduction of the matrix, heating the sample to dryness or heating in the muffle furnace. The end result is a sample which has been reduced to a powder that is sufficiently fine to fit under the cover slip. Analyze different phases of samples separately, e.g., tile and the tile mastic should be analyzed separately as the mastic may contain asbestos while the tile may not.
Samples with a high water content will not give the proper dispersion colors and must be dried prior to sample mounting. Remove the lid of the scintillation vial, place the bottle in the drying oven and heat at 100 °C to dryness (usually about 2 h). Samples which are not submitted to the lab in glass must be removed and placed in glass vials or aluminum weighing pans before placing them in the drying oven.
These may include samples with tar as a matrix, vinyl asbestos tile, or any other organic that can be reduced by heating. Remove the sample from the vial and weigh in a balance to determine the weight of the submitted portion. Place the sample in a muffle furnace at 500 °C for 1 to 2 h or until all obvious organic material has been removed. Retrieve, cool and weigh again to determine the weight loss on ignition. This is necessary to determine the asbestos content of the submitted sample, because the analyst will be looking at a reduced sample.
Heating above 600 °C will cause the sample to undergo a structural change which, given sufficient time, will convert the chrysotile to forsterite. Heating even at lower temperatures for 1 to 2 h may have a measurable effect on the optical properties of the minerals. If the analyst is unsure of what to expect, a sample of standard asbestos should be heated to the same temperature for the same length of time so that it can be examined for the proper interpretation.
Vinyl asbestos tile is the most common material treated with this solvent, although, substances containing tar will sometimes yield to this treatment. Select a portion of the material and then grind it up if possible. Weigh the sample and place it in a test tube. Add sufficient THF to dissolve the organic matrix. This is usually about 4 to 5 mL.
Carbonate material is often found on fibers and sometimes must be removed in order to perform dispersion microscopy. Weigh out a portion of the material and place it in a test tube. Add a sufficient amount of 0.1 M HCl or decalcifying solution in the tube to react all the carbonate as evidenced by gas formation; i.e., when the gas bubbles stop, add a little more solution. If no more gas forms, the reaction is complete. Filter the material out through a tared silver membrane, dry and weigh to determine the weight lost.
Samples must be prepared so that accurate determination can be made of the asbestos type and amount present. The following steps are carried out in the low-flow hood (a low-flow hood has less than 50 fpm flow):
(1) If the sample has large lumps, is hard, or cannot be made to lie under a cover slip, the grain size must be reduced. Place a small amount between two slides and grind the material between them or grind a small amount in a clean mortar and pestle. The choice of whether to use an alumina, ruby, or diamond mortar depends on the hardness of the material. Impact damage can alter the asbestos mineral if too much mechanical shock occurs. (Freezer mills can completely destroy the observable crystallinity of asbestos and should not be used). For some samples, a portion of material can be shaved off with a scalpel, ground off with a hand grinder or hack saw blade.
The preparation tools should either be disposable or cleaned thoroughly. Use vigorous scrubbing to loosen the fibers during the washing. Rinse the implements with copious amounts of water and air-dry in a dust-free environment.
(2) If the sample is powder or has been reduced as in 1) above, it is ready to mount. Place a glass slide on a piece of optical tissue and write the identification on the painted or frosted end. Place two drops of index of refraction medium n=1.550 on the slide. (The medium n=1.550 is chosen because it is the matching index for chrysotile. Dip the end of a clean paper-clip or dissecting needle into the droplet of refraction medium
Treat at least two different areas of each phase in this fashion. Choose representative areas of the sample. It may be useful to select particular areas or fibers for analysis. This is useful to identify asbestos in severely inhomogeneous samples.
When it is determined that amphiboles may be present, repeat the above process using the appropriate high- dispersion oils until an identification is made or all six asbestos minerals have been ruled out. Note that percent determination must be done in the index medium 1.550 because amphiboles tend to disappear in their matching mediums.
This method presumes some knowledge of mineralogy and optical petrography.
The analysis consists of three parts: The determination of whether there is asbestos present, what type is present and the determination of how much is present. The general flow of the analysis is:
(1) Gross examination.
(2) Examination under polarized light on the stereo microscope.
(3) Examination by phase-polar illumination on the compound phase microscope.
(4) Determination of species by dispersion stain. Examination by Becke line analysis may also be used; however, this is usually more cumbersome for asbestos determination.
(5) Difficult samples may need to be analyzed by SEM or TEM, or the results from those techniques combined with light microscopy for a definitive identification. Identification of a particle as asbestos requires that it be asbestiform. Description of particles should follow the suggestion of Campbell. (Figure 1)
For the purpose of regulation, the mineral must be one of the six minerals covered and must be in the asbestos growth habit. Large specimen samples of asbestos generally have the gross appearance of wood. Fibers are easily parted from it. Asbestos fibers are very long compared with their widths. The fibers
Most cleavage fragments of the asbestos minerals are easily distinguishable from true asbestos fibers. This is because true cleavage fragments usually have larger diameters than 1 µm. Internal structure of particles larger than this usually shows them to have no internal fibrillar structure. In addition, cleavage fragments of the monoclinic amphiboles show inclined extinction under crossed polars with no compensator. Asbestos fibers usually show extinction at zero degrees or ambiguous extinction if any at all. Morphologically, the larger cleavage fragments are obvious by their blunt or stepped ends showing prismatic habit. Also, they tend to be acicular rather than filiform.
Where the particles are less than 1 µm in diameter and have an aspect ratio greater than or equal to 3:1, it is recommended that the sample be analyzed by SEM or TEM if there is any question whether the fibers are cleavage fragments or asbestiform particles.
Care must be taken when analyzing by electron microscopy because the interferences are different from those in light microscopy and may structurally be very similar to asbestos. The classic interference is between anthophyllite and biopyribole or intermediate fiber. Use the same morphological clues for electron microscopy as are used for light microscopy, e.g. fibril splitting, internal longitudinal striation, fraying, curvature, etc.
(1) Gross examination:
Examine the sample, preferably in the glass vial. Determine the presence of any obvious fibrous component. Estimate a percentage based on previous experience and current observation. Determine whether any pre-preparation is necessary. Determine the number of phases present. This step may be carried out or augmented by observation at 6 to 40× under a stereo microscope.
(2) After performing any necessary pre-preparation, prepare slides of each phase as described above. Two preparations of the same phase in the same index medium can be made side-by-side on the same glass for convenience. Examine with the polarizing stereo microscope. Estimate the percentage of asbestos based on the amount of birefringent fiber present.
(3) Examine the slides on the phase-polar microscopes at magnifications of 160 and 400×. Note the morphology of the fibers. Long, thin, very straight fibers with little curvature are indicative of fibers from the amphibole family. Curved, wavy fibers are usually indicative of chrysotile. Estimate the percentage of asbestos on the phase-polar microscope under conditions of crossed polars and a gypsum plate. Fibers smaller than 1.0 µm in thickness must be identified by inference to the presence of larger, identifiable fibers and morphology. If no larger fibers are visible, electron microscopy should be performed. At this point, only a tentative identification can be made. Full identification must be made with dispersion microscopy. Details of the tests are included in the appendices.
(4) Once fibers have been determined to be present, they must be identified. Adjust the microscope for dispersion mode and observe the fibers. The microscope has a rotating stage, one polarizing element, and a system for generating dark-field dispersion microscopy (see Section 4.6. of this appendix). Align a fiber with its length parallel to the polarizer and note the color of the Becke lines. Rotate the stage to bring the fiber length perpendicular to the polarizer and note the color. Repeat this process for every fiber or fiber bundle examined. The colors must be consistent with the colors generated by standard asbestos reference materials for a positive identification. In n=1.550, amphiboles will generally show a yellow to straw-yellow color indicating that the fiber indices of refraction are higher than the liquid. If long, thin fibers are noted and the colors are yellow, prepare further slides as above in the suggested matching liquids listed below:
Where more than one liquid is suggested, the first is preferred; however, in some cases this liquid will not give good dispersion color. Take care to avoid interferences in the other liquid; e.g., wollastonite in n=1.620 will give the same colors as tremolite. In n=1.605 wollastonite will appear yellow in all directions. Wollastonite may be determined under crossed polars as it will change from blue to
Determination of the angle of extinction may, when present, aid in the determination of anthophyllite from tremolite. True asbestos fibers usually have 0° extinction or ambiguous extinction, while cleavage fragments have more definite extinction.
Continue analysis until both preparations have been examined and all present species of asbestos are identified. If there are no fibers present, or there is less than 0.1% present, end the analysis with the minimum number of slides (2).
(5) Some fibers have a coating on them which makes dispersion microscopy very difficult or impossible. Becke line analysis or electron microscopy may be performed in those cases. Determine the percentage by light microscopy. TEM analysis tends to overestimate the actual percentage present.
(6) Percentage determination is an estimate of occluded area, tempered by gross observation. Gross observation information is used to make sure that the high magnification microscopy does not greatly over- or under-estimate the amount of fiber present. This part of the analysis requires a great deal of experience. Satisfactory models for asbestos content analysis have not yet been developed, although some models based on metallurgical grain-size determination have found some utility. Estimation is more easily handled in situations where the grain sizes visible at about 160× are about the same and the sample is relatively homogeneous.
View all of the area under the cover slip to make the percentage determination. View the fields while moving the stage, paying attention to the clumps of material. These are not usually the best areas to perform dispersion microscopy because of the interference from other materials. But, they are the areas most likely to represent the accurate percentage in the sample. Small amounts of asbestos require slower scanning and more frequent analysis of individual fields.
Report the area occluded by asbestos as the concentration. This estimate does not generally take into consideration the difference in density of the different species present in the sample. For most samples this is adequate. Simulation studies with similar materials must be carried out to apply microvisual estimation for that purpose and is beyond the scope of this procedure.
(7) Where successive concentrations have been made by chemical or physical means, the amount reported is the percentage of the material in the “as submitted” or original state. The percentage determined by microscopy is multiplied by the fractions remaining after pre-preparation steps to give the percentage in the original sample. For example:
The reported result is:
(8) Report the percent and type of asbestos present. For samples where asbestos was identified, but is less than 1.0%, report “Asbestos present, less than 1.0%.” There must have been at least two observed fibers or fiber bundles in the two preparations to be reported as present. For samples where asbestos was not seen, report as “None Detected.”
Because of the subjective nature of asbestos analysis, certain concepts and procedures need to be discussed in more depth. This information will help the analyst understand why some of the procedures are carried out the way they are.
Light is electromagnetic energy. It travels from its source in packets called quanta. It is instructive to consider light as a plane wave. The light has a direction of travel. Perpendicular to this and mutually perpendicular to each other, are two vector components. One is the magnetic vector and the other is the electric vector. We shall only be concerned with the electric vector. In this description, the interaction of the vector and the mineral will describe all the observable phenomena. From a light source such a microscope illuminator, light travels in all different direction from the filament.
In any given direction away from the filament, the electric vector is perpendicular to the direction of travel of a light ray. While perpendicular, its orientation is random about the travel axis. If the electric vectors from all the light rays were lined up by passing the light through a filter that would only let light rays with electric vectors oriented in one direction pass, the light would then be
Polarized light interacts with matter in the direction of the electric vector. This is the polarization direction. Using this property it is possible to use polarized light to probe different materials and identify them by how they interact with light. The speed of light in a vacuum is a constant at about 2.99×10
Materials are either amorphous or crystalline. The difference between these two descriptions depends on the positions of the atoms in them. The atoms in amorphous materials are randomly arranged with no long range order. An example of an amorphous material is glass. The atoms in crystalline materials, on the other hand, are in regular arrays and have long range order. Most of the atoms can be found in highly predictable locations. Examples of crystalline material are salt, gold, and the asbestos minerals.
It is beyond the scope of this method to describe the different types of crystalline materials that can be found, or the full description of the classes into which they can fall. However, some general crystallography is provided below to give a foundation to the procedures described.
With the exception of anthophyllite, all the asbestos minerals belong to the monoclinic crystal type. The unit cell is the basic repeating unit of the crystal and for monoclinic crystals can be described as having three unequal sides, two 90° angles and one angle not equal to 90°. The orthorhombic group, of which anthophyllite is a member has three unequal sides and three 90° angles. The unequal sides are a consequence of the complexity of fitting the different atoms into the unit cell. Although the atoms are in a regular array, that array is not symmetrical in all directions. There is long range order in the three major directions of the crystal. However, the order is different in each of the three directions. This has the effect that the index of refraction is different in each of the three directions. Using polarized light, we can investigate the index of refraction in each of the directions and identify the mineral or material under investigation. The indices α, β, and γ are used to identify the lowest, middle, and highest index of refraction respectively. The x direction, associated with α is called the fast axis. Conversely, the z direction is associated with γ and is the slow direction. Crocidolite has α along the fiber length making it “length-fast”. The remainder of the asbestos minerals have the γ axis along the fiber length. They are called “length-slow”. This orientation to fiber length is used to aid in the identification of asbestos.
Polarized light microscopy as described in this section uses the phase-polar microscope described in Section 3.2. A phase contrast microscope is fitted with two polarizing elements, one below and one above the sample. The polarizers have their polarization directions at right angles to each other. Depending on the tests performed, there may be a compensator between these two polarizing elements. Light emerging from a polarizing element has its electric vector pointing in the polarization direction of the element. The light will not be subsequently transmitted through a second element set at a right angle to the first element. Unless the light is altered as it passes from one element to the other, there is no transmission of light.
Crystals which have different crystal regularity in two or three main directions are said to be anisotropic. They have a different index of refraction in each of the main directions. When such a crystal is inserted between the crossed polars, the field of view is no longer dark but shows the crystal in color. The color depends on the properties of the crystal. The light acts as if it travels through the crystal along the optical axes. If a crystal optical axis were lined up along one of the polarizing directions (either the polarizer or the analyzer) the light would appear to travel only in that direction, and it would blink out or go dark. The difference in degrees between the fiber direction and the angle at which it blinks out is called the angle of extinction. When this angle can be measured, it is useful in identifying the mineral. The procedure for measuring the angle of extinction is to first identify the polarization direction in the microscope. A commercial alignment slide can be used to establish the polarization directions or use anthophyllite or another suitable mineral. This mineral has a zero degree angle of extinction and will go dark to extinction as it aligns with the polarization directions. When a fiber of anthophyllite has gone to extinction, align the eyepiece reticle or graticule with the fiber so that there is a visual cue as to the direction of polarization in the field of view. Tape or otherwise secure the eyepiece in this position so it will not shift.
After the polarization direction has been identified in the field of view, move the particle of interest to the center of the field of
The angle measured may vary as the orientation of the fiber changes about its long axis. Tables of mineralogical data usually report the maximum angle of extinction. Asbestos forming minerals, when they exhibit an angle of extinction, usually do show an angle of extinction close to the reported maximum, or as appropriate depending on the substitution chemistry.
When the optical axes of a crystal are not lined up along one of the polarizing directions (either the polarizer or the analyzer) part of the light travels along one axis and part travels along the other visible axis. This is characteristic of birefringent materials.
The color depends on the difference of the two visible indices of refraction and the thickness of the crystal. The maximum difference available is the difference between the α and the γ axes. This maximum difference is usually tabulated as the birefringence of the crystal.
For this test, align the fiber at 45° to the polarization directions in order to maximize the contribution to each of the optical axes. The colors seen are called retardation colors. They arise from the recombination of light which has traveled through the two separate directions of the crystal. One of the rays is retarded behind the other since the light in that direction travels slower. On recombination, some of the colors which make up white light are enhanced by constructive interference and some are suppressed by destructive interference. The result is a color dependent on the difference between the indices and the thickness of the crystal. The proper colors, thicknesses, and retardations are shown on a Michel-Levy chart. The three items, retardation, thickness and birefringence are related by the following relationship:
Examination of the equation for asbestos minerals reveals that the visible colors for almost all common asbestos minerals and fiber sizes are shades of gray and black. The eye is relatively poor at discriminating different shades of gray. It is very good at discriminating different colors. In order to compensate for the low retardation, a compensator is added to the light train between the polarization elements. The compensator used for this test is a gypsum plate of known thickness and birefringence. Such a compensator when oriented at 45° to the polarizer direction, provides a retardation of 530 nm of the 530 nm wavelength color. This enhances the red color and gives the background a characteristic red to red-magenta color. If this “full-wave” compensator is in place when the asbestos preparation is inserted into the light train, the colors seen on the fibers are quite different. Gypsum, like asbestos has a fast axis and a slow axis. When a fiber is aligned with its fast axis in the same direction as the fast axis of the gypsum plate, the ray vibrating in the slow direction is retarded by both the asbestos and the gypsum. This results in a higher retardation than would be present for either of the two minerals. The color seen is a second order blue. When the fiber is rotated 90° using the rotating stage, the slow direction of the fiber is now aligned with the fast direction of the gypsum and the fast direction of the fiber is aligned with the slow direction of the gypsum. Thus, one ray vibrates faster in the fast direction of the gypsum, and slower in the slow direction of the fiber; the other ray will vibrate slower in the slow direction of the gypsum and faster in the fast direction of the fiber. In this case, the effect is subtractive and the color seen is a first order yellow. As long as the fiber thickness does not add appreciably to the color, the same basic colors will be seen for all asbestos types except crocidolite. In crocidolite the colors will be weaker, may be in the opposite directions, and will be altered by the blue absorption color natural to crocidolite. Hundreds of other materials will give the same colors as asbestos, and therefore, this test is not definitive for asbestos. The test is useful in discriminating against fiberglass or other amorphous fibers such as some synthetic fibers. Certain synthetic fibers will show retardation colors different than asbestos; however, there are some forms of polyethylene and aramid which will show morphology and retardation colors similar to asbestos minerals. This test must be supplemented with a positive identification test when birefringent fibers are present which can not be excluded by morphology. This test is relatively ineffective for use on fibers less than 1 µm in diameter. For positive confirmation TEM or SEM should be used if no larger bundles or fibers are visible.
Dispersion microscopy or dispersion staining is the method of choice for the identification of asbestos in bulk materials. Becke line analysis is used by some laboratories and yields the same results as does dispersion staining for asbestos and can be used in lieu of dispersion staining. Dispersion staining is performed on the same platform as the
Make a preparation in the suspected matching high dispersion oil, e.g., n=1.550 for chrysotile. Perform the preliminary tests to determine whether the fibers are birefringent or not. Take note of the morphological character. Wavy fibers are indicative of chrysotile while long, straight, thin, frayed fibers are indicative of amphibole asbestos. This can aid in the selection of the appropriate matching oil. The microscope is set up and the polarization direction is noted as in Section 4.4. Align a fiber with the polarization direction. Note the color. This is the color parallel to the polarizer. Then rotate the fiber rotating the stage 90° so that the polarization direction is across the fiber. This is the perpendicular position. Again note the color. Both colors must be consistent with standard asbestos minerals in the correct direction for a positive identification of asbestos. If only one of the colors is correct while the other is not, the identification is not positive. If the colors in both directions are bluish-white, the analyst has chosen a matching index oil which is higher than the correct matching oil, e.g. the analyst has used n = 1.620 where chrysotile is present. The next lower oil (Section 3.5.) should be used to prepare another specimen. If the color in both directions is yellow-white to straw-yellow-white, this indicates that the index of the oil is lower than the index of the fiber, e.g. the preparation is in n = 1.550 while anthophyllite is present. Select the next higher oil (Section 3.5.) and prepare another slide. Continue in this fashion until a positive identification of all asbestos species present has been made or all possible asbestos species have been ruled out by negative results in this test. Certain plant fibers can have similar dispersion colors as asbestos. Take care to note and evaluate the morphology of the fibers or remove the plant fibers in pre-preparation. Coating material on the fibers such as carbonate or vinyl may destroy the dispersion color. Usually, there will be some outcropping of fiber which will show the colors sufficient for identification. When this is not the case, treat the sample as described in Section 3.3. and then perform dispersion staining. Some samples will yield to Becke line analysis if they are coated or electron microscopy can be used for identification.
5.1. Crane, D.T.,
5.2. Ford, W.E.,
5.3. Selikoff,.I.J., Lee, D.H.K.,
5.4.
5.5. Selikoff,.I.J., Lee, D.H.K.,
5.6. Campbell, W.J., et al,
5.7.
5.8.
5.9. Ross, M.
5.10. Lilis, R., Fibrous Zeolites and Endemic Mesothelioma in Cappadocia, Turkey,
5.11.
5.12. Campbell,W.J., et al, Relationship of Mineral Habit to Size
5.13. Mefford, D., DCM Laboratory, Denver, private communication, July 1987.
5.14. Deer, W.A., Howie, R.A., Zussman, J.,
5.15. Kerr, P.F.,
5.16. Veblen, D.R. (Ed.),
5.17. Dixon, W.C.,
5.18. Polarized Light Microscopy, McCrone Research Institute, Chicago, 1976.
5.19. Asbestos Identification, McCrone Research Institute, G & G printers, Chicago, 1987.
5.20. McCrone, W.C., Calculation of Refractive Indices from Dispersion Staining Data, The Microscope, No 37, Chicago, 1989.
5.21. Levadie, B. (Ed.),
5.22. Steel, E. and Wylie, A., Riordan, P.H. (Ed.), Mineralogical Characteristics of Asbestos,
5.23. Zussman, J., The Mineralogy of Asbestos,
This mandatory appendix specifies engineering controls and work practices that must be implemented by the employer during automotive brake and clutch inspection, disassembly, repair, and assembly operations. Proper use of these engineering controls and work practices by trained employees will reduce employees' asbestos exposure below the permissible exposure level during clutch and brake inspection, disassembly, repair, and assembly operations. The employer shall institute engineering controls and work practices using either the method set forth in paragraph [A] or paragraph [B] of this appendix, or any other method which the employer can demonstrate to be equivalent in terms of reducing employee exposure to asbestos as defined and which meets the requirements described in paragraph [C] of this appendix, for those facilities in which no more than 5 pairs of brakes or 5 clutches are inspected, disassembled, reassembled and/or repaired per week, the method set forth in paragraph [D] of this appendix may be used:
(1) The brake and clutch inspection, disassembly, repair, and assembly operations shall be enclosed to cover and contain the clutch or brake assembly and to prevent the release of asbestos fibers into the worker's breathing zone.
(2) The enclosure shall be sealed tightly and thoroughly inspected for leaks before work begins on brake and clutch inspection, disassembly, repair, and assembly.
(3) The enclosure shall be such that the worker can clearly see the operation and shall provide impermeable sleeves through which the worker can handle the brake and clutch inspection, disassembly, repair and assembly. The integrity of the sleeves and ports shall be examined before work begins.
(4) A HEPA-filtered vacuum shall be employed to maintain the enclosure under negative pressure throughout the operation. Compressed-air may be used to remove asbestos fibers or particles from the enclosure.
(5) The HEPA vacuum shall be used first to loosen the asbestos containing residue from the brake and clutch parts and then to evacuate the loosened asbestos containing material from the enclosure and capture the material in the vacuum filter.
(6) The vacuum's filter, when full, shall be first wetted with a fine mist of water, then removed and placed immediately in an impermeable container, labeled according to paragraph (k)(8) of this section and disposed of according to paragraph (l) of this section.
(7) Any spills or releases of asbestos containing waste material from inside of the enclosure or vacuum hose or vacuum filter shall be immediately cleaned up and disposed of according to paragraph (l) of the section.
(1) A catch basin shall be placed under the brake assembly, positioned to avoid splashes and spills.
(2) The reservoir shall contain water containing an organic solvent or wetting agent. The flow of liquid shall be controlled such that the brake assembly is gently flooded to
(3) The aqueous solution shall be allowed to flow between the brake drum and brake support before the drum is removed.
(4) After removing the brake drum, the wheel hub and back of the brake assembly shall be thoroughly wetted to suppress dust.
(5) The brake support plate, brake shoes and brake components used to attach the brake shoes shall be thoroughly washed before removing the old shoes.
(6) In systems using filters, the filters, when full, shall be first wetted with a fine mist of water, then removed and placed immediately in an impermeable container, labeled according to paragraph (k)(8) of this section and disposed of according to paragraph (l) of this section.
(7) Any spills of asbestos-containing aqueous solution or any asbestos-containing waste material shall be cleaned up immediately and disposed of according to paragraph (l) of this section.
(8) The use of dry brushing during low pressure/wet cleaning operations is prohibited.
An equivalent method is one which has sufficient written detail so that it can be reproduced and has been demonstrated that the exposures resulting from the equivalent method are equal to or less than the exposures which would result from the use of the method described in paragraph [A] of this appendix. For purposes of making this comparison, the employer shall assume that exposures resulting from the use of the method described in paragraph [A] of this appendix shall not exceed 0.016 f/cc, as measured by the OSHA reference method and as averaged over at least 18 personal samples.
(1) A spray bottle, hose nozzle, or other implement capable of delivering a fine mist of water or amended water or other delivery system capable of delivering water at low pressure, shall be used to first thoroughly wet the brake and clutch parts. Brake and clutch components shall then be wiped clean with a cloth.
(2) The cloth shall be placed in an impermeable container, labelled according to paragraph (k)(8) of this section and then disposed of according to paragraph (l) of this section, or the cloth shall be laundered in a way to prevent the release of asbestos fibers in excess of 0.1 fiber per cubic centimeter of air.
(3) Any spills of solvent or any asbestos containing waste material shall be cleaned up immediately according to paragraph (l) of this section.
(4) The use of dry brushing during the wet method operations is prohibited.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1002 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1003 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1017 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1018 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1020 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1025 of this chapter.
(a)
(2) Exposures that occur in the application of pesticides regulated by the Environmental Protection Agency or another Federal government agency (e.g., the treatment of wood with preservatives);
(3) Exposures to portland cement; or
(4) Where the employer has objective data demonstrating that a material containing chromium or a specific process, operation, or activity involving chromium cannot release dusts, fumes, or mists of chromium (VI) in concentrations at or above 0.5 µgm/m
(b)
(c)
(d)
(2)
(ii) If initial monitoring indicates that employee exposures are below the action level, the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.
(iii) If monitoring reveals employee exposures to be at or above the action level, the employer shall perform periodic monitoring at least every six months.
(iv) If monitoring reveals employee exposures to be above the PEL, the employer shall perform periodic monitoring at least every three months.
(v) If periodic monitoring indicates that employee exposures are below the action level, and the result is confirmed by the result of another monitoring taken at least seven days later, the employer may discontinue the monitoring for those employees whose
(vi) The employer shall perform additional monitoring when there has been any change in the production process, raw materials, equipment, personnel, work practices, or control methods that may result in new or additional exposures to chromium (VI), or when the employer has any reason to believe that new or additional exposures have occurred.
(3)
(4)
(ii) Whenever the exposure determination indicates that employee exposure is above the PEL, the employer shall describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL.
(5)
(6)
(ii) When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with clothing and equipment and shall assure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.
(e)
(ii) Where the employer can demonstrate that a process or task does not result in any employee exposure to chromium (VI) above the PEL for 30 or more days per year (12 consecutive months), the requirement to implement engineering and work practice controls to achieve the PEL does not apply to that process or task.
(2)
(f)
(i) Periods necessary to install or implement feasible engineering and work practice controls;
(ii) Work operations, such as maintenance and repair activities, for which engineering and work practice controls are not feasible;
(iii) Work operations for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL;
(iv) Work operations where employees are exposed above the PEL for fewer than 30 days per year, and the
(v) Emergencies.
(2)
(g)
(2)
(ii) The employer shall ensure that no employee removes chromium (VI)-contaminated protective clothing or equipment from the workplace, except for those employees whose job it is to launder, clean, maintain, or dispose of such clothing or equipment.
(iii) When contaminated protective clothing or equipment is removed for laundering, cleaning, maintenance, or disposal, the employer shall ensure that it is stored and transported in sealed, impermeable bags or other closed, impermeable containers.
(iv) Bags or containers of contaminated protective clothing or equipment that are removed from change rooms for laundering, cleaning, maintenance, or disposal shall be labeled in accordance with the requirements of the Hazard Communication Standard, 29 CFR 1910.1200.
(3)
(ii) The employer shall prohibit the removal of chromium (VI) from protective clothing and equipment by blowing, shaking, or any other means that disperses chromium (VI) into the air or onto an employee's body.
(iii) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with chromium (VI) of the potentially harmful effects of exposure to chromium (VI) and that the clothing and equipment should be laundered or cleaned in a manner that minimizes skin or eye contact with chromium (VI) and effectively prevents the release of airborne chromium (VI) in excess of the PEL.
(h)
(2)
(3)
(ii) The employer shall ensure that employees who have skin contact with chromium (VI) wash their hands and faces at the end of the work shift and prior to eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet.
(4)
(ii) The employer shall ensure that employees do not enter eating and drinking areas with protective work clothing or equipment unless surface chromium (VI) has been removed from the clothing and equipment by methods that do not disperse chromium (VI)
(5)
(i)
(A) Who are or may be occupationally exposed to chromium (VI) at or above the action level for 30 or more days a year;
(B) Experiencing signs or symptoms of the adverse health effects associated with chromium (VI) exposure; or
(C) Exposed in an emergency.
(ii) The employer shall assure that all medical examinations and procedures required by this section are performed by or under the supervision of a PLHCP.
(2)
(i) Within 30 days after initial assignment, unless the employee has received a chromium (VI) related medical examination that meets the requirements of this paragraph within the last twelve months;
(ii) Annually;
(iii) Within 30 days after a PLHCP's written medical opinion recommends an additional examination;
(iv) Whenever an employee shows signs or symptoms of the adverse health effects associated with chromium (VI) exposure;
(v) Within 30 days after exposure during an emergency which results in an uncontrolled release of chromium (VI); or
(vi) At the termination of employment, unless the last examination that satisfied the requirements of paragraph (i) of this section was less than six months prior to the date of termination.
(3)
(i) A medical and work history, with emphasis on: past, present, and anticipated future exposure to chromium (VI); any history of respiratory system dysfunction; any history of asthma, dermatitis, skin ulceration, or nasal septum perforation; and smoking status and history;
(ii) A physical examination of the skin and respiratory tract; and
(iii) Any additional tests deemed appropriate by the examining PLHCP.
(4)
(i) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to chromium (VI);
(ii) The employee's former, current, and anticipated levels of occupational exposure to chromium (VI);
(iii) A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used that equipment; and
(iv) Information from records of employment-related medical examinations previously provided to the affected employee, currently within the control of the employer.
(5)
(A) The PLHCP's opinion as to whether the employee has any detected medical condition(s) that would place the employee at increased risk of material impairment to health from further exposure to chromium (VI);
(B) Any recommended limitations upon the employee's exposure to chromium (VI) or upon the use of personal protective equipment such as respirators;
(C) A statement that the PLHCP has explained to the employee the results of the medical examination, including any medical conditions related to chromium (VI) exposure that require further evaluation or treatment, and any special provisions for use of protective clothing or equipment.
(ii) The PLHCP shall not reveal to the employer specific findings or diagnoses unrelated to occupational exposure to chromium (VI).
(iii) The employer shall provide a copy of the PLHCP's written medical opinion to the examined employee within two weeks after receiving it.
(j)
(2)
(A) The contents of this section; and
(B) The purpose and a description of the medical surveillance program required by paragraph (i) of this section.
(ii) The employer shall make a copy of this section readily available without cost to all affected employees.
(k)
(ii) This record shall include at least the following information:
(A) The date of measurement for each sample taken;
(B) The operation involving exposure to chromium (VI) that is being monitored;
(C) Sampling and analytical methods used and evidence of their accuracy;
(D) Number, duration, and the results of samples taken;
(E) Type of personal protective equipment, such as respirators worn; and
(F) Name, social security number, and job classification of all employees represented by the monitoring, indicating which employees were actually monitored.
(iii) The employer shall ensure that exposure records are maintained and made available in accordance with 29 CFR 1910.1020.
(2)
(ii) The record shall include information that reflects the following conditions:
(A) The data were collected using methods that meet the accuracy requirements of paragraph (d)(5) of this section;
(B) The processes and work practices that were in use when the historical monitoring data were obtained are essentially the same as those to be used during the job for which exposure is being determined;
(C) The characteristics of the chromium (VI) containing material being handled when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined;
(D) Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined; and
(E) Other data relevant to the operations, materials, processing, or employee exposures covered by the exception.
(iii) The employer shall ensure that historical exposure records are maintained and made available in accordance with 29 CFR 1910.1020.
(3)
(ii) This record shall include at least the following information:
(A) The chromium containing material in question;
(B) The source of the objective data;
(C) The testing protocol and results of testing, or analysis of the material for the release of chromium (VI);
(D) A description of the process, operation, or activity and how the data support the determination; and
(E) Other data relevant to the process, operation, activity, material, or employee exposures.
(iii) The employer shall ensure that objective data are maintained and made available in accordance with 29 CFR 1910.1020.
(4)
(ii) The record shall include the following information about the employee:
(A) Name and social security number;
(B) A copy of the PLHCP's written opinions;
(C) A copy of the information provided to the PLHCP as required by paragraph (i)(4) of this section.
(iii) The employer shall ensure that medical records are maintained and made available in accordance with 29 CFR 1910.1020.
(l)
(2) For employers with 19 or fewer employees, all obligations of this section, except engineering controls required by paragraph (e) of this section, commence May 30, 2007.
(3) For all employers, engineering controls required by paragraph (e) of this section shall be implemented no later than May 31, 2010.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1027 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1028 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1030 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1044 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1045 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1047 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1048 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1050 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at 29 CFR 1910.1052.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1200 of this chapter.
The requirements applicable to shipyard employment under this section are identical to those set forth at § 1910.1450 of this chapter.
Section 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); sections 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 6-96 (62 FR 111), or 5-2002 (67 FR 65008), as applicable; and 29 CFR part 1911.
Section 1917.28 also issued under 5 U.S.C. 553.
Section 1917.29 also issued under Sec.29, Hazardous Materials Transportation Uniform Safety Act of 1990 (49 U.S.C. 1801-1819 and 5 U.S.C. 553).
(a) The regulations of this part apply to employment within a marine terminal as defined in § 1917.2, including the loading, unloading, movement or other handling of cargo, ship's stores or gear within the terminal or into or out of any land carrier, holding or consolidation area, any other activity within and associated with the overall operation and functions of the terminal, such as the use and routine maintenance of facilities and equipment. All cargo transfer accomplished with the use of shore-based material handling devices shall be regulated by this part.
(1) The provisions of this part 1917 do not apply to the following:
(i) Facilities used solely for the bulk storage, handling and transfer of flammable, non-flammable and combustible liquids and gases.
(ii) Facilities subject to the regulations of the Office of Pipeline Safety Regulation of the Materials Transportation Bureau, Department of Transportation, to the extent such regulations apply.
(iii) Fully automated bulk coal handling facilities contiguous to electrical power generating plants.
(2) Part 1910 of this chapter does not apply to marine terminals except for the following provisions:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(A) When a substance or cargo is contained within a sealed, intact means of packaging or containment complying with Department of Transportation or International Maritime Organization requirements;
(B) Bloodborne pathogens, § 1910.1030;
(C) Carbon monoxide, § 1910.1000 (See § 1917.24(a)); and
(D) Hydrogen sulfide, § 1910.1000 (See § 1917.73(a)(2)); and
(E) Hexavalent chromium § 1910.1026 (See § 1915.1026)
(xiv) Powered industrial truck operator training, Subpart N, § 1910.178(1).
The compliance dates of December 1, 1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, 2000 for Marine Terminals.
(b) Section 1915.1026 applies to any occupational exposures to hexavalent chromium in workplaces covered by this Part.
(1) A space having all of the following characteristics:
(i) Small size;
(ii) Severely limited natural ventilation;
(iii) Capability to accumulate or contain a hazardous atmosphere;
(iv) Exits that are not readily accessible; and
(v) A design not meant for continuous human occupancy.
(2) Examples of confined spaces are intermodal tank containers, bailwater tanks and portable tanks.
(2) As applied to cranes, means various attachments applied to the basic machine for the performance of functions such as lifting, clamshell or magnet services.
(1) Any substance listed in 29 CFR part 1910, subpart Z;
(2) Any material in the Hazardous Materials Table and Hazardous Materials Communications Regulations of the Department of Transportation, 49 CFR part 172;
(3) Any article not properly described by a name in the Hazardous Materials Table and Hazardous Materials Communications Regulations of the Department of Transportation, 49 CFR part 172 but which is properly classified under the definition of those categories of dangerous articles given in 49 CFR Part 173; or
(4) Any atmosphere with an oxygen content of less than 19.5%.
(a) (1) The standards of agencies of the U.S. Government, and organizations which are not agencies of the U.S. Government which are incorporated by reference in this part, have the same force and effect as other standards in this part. Only the mandatory provisions (i.e. provisions containing the word “shall” or other mandatory language) of standards incorporated by reference are adopted as standards under the Occupational Safety and Health Act.
(2) Any changes in the standards incorporated by reference in this part and an official historic file of such changes are available for inspection at the national office of the Occupational Safety and Health Administration, U.S. Department of Labor, Washington, DC 20210.
(3) The materials listed in paragraph (b) 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
(4) Copies of the following standards that are issued by the respective private standards organizations may be obtained from the issuing organizations. The materials are available for purchase at the corresponding addresses of the private standards organizations noted in paragraph (b) of this section. In addition, all are available for inspection through the OSHA Docket Office, room N2625, U.S. Department of Labor, 200 Constitution Ave., Washington, DC 20210, or any of OSHA's 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:
(b) The following material is available for purchase from the American National Standards Institute (ANSI), 11 West 42nd St., New York, NY 10036:
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; IBR approved for § 1917.119(c).
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders; IBR approved for § 1917.119(c).
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic Ladders; IBR approved for § 1917.119(c).
(4) ANSI Z-87.1-1989, Practice for Occupational and Educational Eye and Face Protection; IBR approved for § 1917.91(a)(1).
(5) ANSI Z-89.1-1986, Personnel Protection-Protective Headwear for Industrial Workers-Requirements; IBR approved for § 1917.93(b).
(6) ANSI Z-41-1991, American National Standard for Personal Protection-Protective Footwear; IBR approved for § 1917.94(b).
(7) ASME B56.1, 1959, Safety Code for Powered Industrial Trucks, pages 8 and 13; IBR approved for § 1917.50(j)(1).
The following list identifies the 29 CFR citations for sections or paragraphs in this part that contain a collection of information requirement approved by the Office of Management and Budget (OMB). The list also provides the control number assigned by OMB to each approved requirement; control number 1218-0196 expires on May 31, 2002 and control number 1218-0003 expires on July 31, 2001. The list follows:
(a) Active work areas shall be kept free of equipment and materials not in use, and clear of debris, projecting nails, strapping and other sharp objects not necessary for the work in progress.
(b) Hatch beams, covers and pontoons placed in terminal working areas shall be stowed in stable piles with beams secured against tipping or falling. Alternatively, beams may be laid on their sides. When beams and pontoons are stowed in tiers more than one high, dunnage or other suitable material shall be used under and between tiers.
(c) Cargo and material shall not obstruct access to vessels, cranes, vehicles or buildings. Means of access and egress within buildings shall be similarly unobstructed.
(d) Dunnage, lumber, or shoring material in which there are visibly protruding nails shall be removed from the immediate work area or if left in the area, the nails shall be rendered harmless.
The employer shall eliminate, to the extent possible, conditions causing slippery working and walking surfaces in immediate work areas used by employees.
(a) Drafts shall be safely slung before being hoisted. Loose dunnage or debris hanging or protruding from loads shall be removed.
(b) Bales of cotton, wool, cork, wood pulp, gunny bags or similar articles shall be hoisted only by straps strong enough to support the weight of the bale. At least two hooks, each in a separate strap, shall be used.
(c) Unitized loads bound by bands or straps may be hoisted by the banding or strapping only if the banding or strapping is suitable for hoisting and is strong enough to support the weight of the load.
(d) Additional means of hoisting shall be employed to ensure safe lifting of unitized loads having damaged banding or strapping.
(e) Case hooks shall be used only with cases designed to be hoisted by these hooks.
(f) Loads requiring continuous manual guidance during handling shall be guided by guide ropes (tag lines) that are long enough to control the load.
(g) Intermodal containers shall be handled in accordance with § 1917.71(f).
(h) The employer shall require employees to stay clear of the area beneath overhead drafts or descending lifting gear.
(i) Employees shall not be permitted to ride the hook or the load.
Cargo, pallets and other material stored in tiers shall be stacked in such a manner as to provide stability against sliding and collapse.
Repair and reconditioning of damaged or leaking cargo packaging (coopering) shall be performed so as not to endanger employees.
(a) In order to provide safe access for handling lines while mooring and unmooring vessels, cargo or material shall not be stowed or vehicles placed where they obstruct the work surface to be used.
(b) When stringpiece or apron width is insufficient for safe footing, grab lines or rails shall be installed on the sides of permanent structures. (“Stringpiece” means a narrow walkway between the water edge of a berth and a shed or other structure.)
(a) Work shall be performed in railcars only if floors of the railcars are in visibly safe condition for the work activity being conducted and equipment being used.
(b) A route shall be established to allow employees to pass to and from places of employment without passing under, over or through railcars, or between cars less than 10 feet (3 m) apart on the same track.
(c) The employer shall direct that no employees remain in railcars after work is concluded.
(d) Railcars shall be chocked or otherwise prevented from moving:
(1) While dockboards or carplates are in position; or
(2) While employees are working within, on or under the railcars or near the tracks at the ends of the cars.
(e) When employees are working in, on, or under a railcar, positive means shall be taken to protect them from exposure to impact from moving railcars.
(f) Before cars are moved, unsecured and overhanging stakes, wire straps, banding and similar objects shall be removed or placed so as not to create hazards.
(g) The employer shall institute all necessary controls during railcar movement to safeguard personnel. If winches or capstans are employed for movement, employees shall stand clear of the hauling rope and shall not stand between the rope and the cars.
(h) Before being opened fully, doors shall be opened slightly to ensure that the load has not shifted during transit. Special precautions shall be taken if the doors being opened are visibly damaged.
(i) If powered industrial trucks are used to open railcar doors, the trucks or the railcar doors shall be equipped with door opening attachments. Employees shall stand clear of the railcar doors while they are being opened and closed.
(j) Only railcar door openers or powered industrial trucks equipped with door opening attachments shall be used to open jammed doors.
(k) Employees shall not remain in or on gondolas or flat cars when drafts that create overhead, caught-in, caught-between or struck-by hazards are being landed in or on the railcar; end gates, if raised, shall be secured.
(l) Operators of railcar dumps shall have an unrestricted view of dumping operations and shall have emergency means of stopping movement.
(m) Recessed railroad switches shall be enclosed to provide a level surface.
(n) Warning signs shall be posted where doorways open onto tracks, at blind corners and at similar places where vision may be restricted.
(o) Warning signs shall be posted if insufficient clearance for personnel exists between railcars and structures.
(a) The employer shall ensure that structures (bunks) used to contain logs have rounded corners and rounded structural parts to avoid sling damage.
(b) Two or more binders or equivalently safe means of containment shall remain on logging trucks and railcars to secure logs during movement of the truck or car within the terminal. During unloading, logs shall be prevented from moving while binders are being removed.
(c) Logs shall be hoisted by two slings or by other gear designed for safe hoisting.
(d) Logs placed adjacent to vehicle curbs on the dock shall not be over one tier high unless placed in bunks or so stacked as not to roll or otherwise create a hazard to employees.
(e) Before logs are slung up from the dock, they shall be stably supported to prevent spreading and to allow passage of slings beneath the load. When bunks or similar retaining devices are used, no log shall be higher than the stanchions or retaining members of the device.
Barges and railcars shall not be moved by cargo runners (running rigging) from vessel cargo booms, cranes or other equipment not suitable for the purpose.
Cargo handling operations shall not be carried on when noise-producing, maintenance, construction or repair work interferes with the communication of warnings or instructions.
Open fires and fires in drums or similar containers are prohibited.
(a) Before cargo handling operations begin, the employer shall ascertain whether any hazardous cargo is to be handled and shall determine the nature of the hazard. The employer shall inform employees of the nature of any hazard and any special precautions to be taken to prevent employee exposure, and shall instruct employees to notify him of any leaks or spills.
(b) All hazardous cargo shall be slung and secured so that neither the draft nor individual packages can fall as a result of tipping the draft or slacking of the supporting gear.
(c) If hazardous cargo is spilled or if its packaging leaks, employees shall be removed from the affected area until the employer has ascertained the specific hazards, provided any equipment, clothing and ventilation and fire protection equipment necessary to eliminate or protect against the hazard, and has instructed cleanup employees in a safe method of cleaning up and disposing of a spill and handling and disposing of leaking containers. Actual cleanup or disposal work shall be conducted under the supervision of a designated person.
(a)
(b)
(2) Records of results of any tests required by this section shall be maintained for at least thirty (30) days.
(c)
(d)
(1) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of subpart E of this part;
(2) Persons entering a space containing a hazardous atmosphere shall be instructed in the nature of the hazard, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such space;
(3) Except for emergency or rescue operations, employees shall not enter into any atmosphere which has been identified as flammable or oxygen deficient (less than 19.5% oxygen). Persons who may be required to enter flammable or oxygen deficient atmospheres in emergency operations shall be instructed in the dangers attendant to those atmospheres and instructed in the use of self-contained breathing apparatus, which shall be utilized.
(4) To prevent inadvertent employee entry into spaces that have been identified as having hazardous, flammable or oxygen deficient atmospheres, appropriate warning signs or equivalent means shall be posted at all means of access to those spaces.
(e) When the packaging of asbestos cargo leaks, spillage shall be cleaned up by designated employees protected
(a)
(b)
(c)
(d)
(a) At any time that the concentration in any space reaches the level specified as hazardous by the fumigant manufacturer or by Table Z-1 of 29 CFR 1910.1000, whichever is lower, all employees shall be removed from the space and shall not be permitted to re-enter until such time as tests demonstrate that the atmosphere is safe.
(b) Tests to determine the atmospheric concentration of chemicals used to treat cargo shall be:
(1) Appropriate for the hazard involved;
(2) Conducted by designated persons; and
(3) Performed at the intervals necessary to ensure that employee exposure does not exceed the permissible exposure limit for the chemical involved.
(c) Results of any tests shall be available for at least 30 days. Such records may be entered on any retrievable medium, and shall be available for inspection.
(d) Chemicals shall only be applied to cargoes by designated persons.
(e) Only designated persons shall enter hazardous atmospheres, in which case the following provisions apply.
(1) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of subpart E of this part; and
(2) Persons entering a space containing a hazardous atmosphere shall be instructed in the nature of the hazard, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such a space.
(f) Signs shall be clearly posted where fumigants, pesticides or hazardous preservatives have created a hazardous atmosphere. These signs shall note the danger, identify specific chemical hazards, and give appropriate information and precautions, including instructions for the emergency treatment of employees affected by any chemical in use.
(g) In the case of containerized shipments of fumigated tobacco, the contents of the container shall be aerated by opening the container doors for a period of 48 hours after the completion of fumigation and prior to loading. When tobacco is within shipping cases having polyethylene or similar bag liners, the aeration period shall be 72 hours. The employer shall obtain a written warranty from the fumigation facility stating that the appropriate aeration period has been met.
(a) Employers shall instruct employees to report every injury, regardless of severity, to the employer.
(b) A first aid kit shall be available at the terminal, and at least one person holding a valid first aid certificate shall be at the terminal when work is in progress.
(c)
(d)
(2) Stretchers shall be kept close to vessels and shall be positioned to avoid damage to the stretcher.
(3) A blanket or other suitable covering shall be available.
(4) Stretchers shall have at least four sets of effective patient restraints in operable condition.
(5) Lifting bridles shall be of adequate strength, capable of lifting 1,000 pounds (454 kg) with a safety factor of five, and shall be maintained in operable condition. Lifting bridles shall be provided for making vertical patient lifts at container berths. Stretchers for vertical lifts shall have foot plates.
(6) Stretchers shall be maintained in operable condition. Struts and braces shall be inspected for damage. Wire mesh shall be secured and have no burrs. Damaged stretchers shall not be used until repaired.
(7) Stretchers in permanent locations shall be mounted to prevent damage and shall be protected from the elements if located out-of-doors. If concealed from view, closures shall be marked to indicate the location of the life saving equipment.
(e) Telephone or equivalent means of communication shall be readily available.
(f) A U.S. Coast Guard approved 30-inch (76.2 cm) life ring, with at least 90 feet (27.43m) of line attached, shall be available at readily accessible points at each waterside work area where the employees' work exposes them to the hazard of drowning. Employees working on any bridge or structure leading to a detached vessel berthing installation shall wear U.S. Coast Guard approved personal flotation devices except where protected by railings, nets, or safety belts and lifelines. A readily available portable or permanent ladder giving access to the water shall also be provided within 200 feet (61 m) of such work areas.
(a)
(2) No employee known to have defective uncorrected eyesight or hearing, or to be suffering from heart disease, epilepsy, or similar ailments that may suddenly incapacitate the employee, shall be permitted to operate a crane, winch or other power-operated cargo handling apparatus or a power-operated vehicle.
OSHA is defining suddenly incapacitating medical ailments consistent with the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 (1990). Therefore, employers who act in accordance with the employment provisions (Title I) of the ADA (42 U.S.C. 12111-12117), the regulations implementing Title I (29 CFR Part 1630), and the Technical Assistance Manual for Title I issued by the Equal Employment Opportunity Commission (Publication number: EEOC—M1A), will be considered as being in compliance with this paragraph.
(b)
(2) The course shall consist of instruction suited to the particular operations involved.
(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).
(a)
(2)
(i) Emergency escape procedures and emergency escape route assignments;
(ii) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;
(iii) Procedures to account for all employees after emergency evacuation has been completed;
(iv) Rescue and medical duties for those employees who are to perform them;
(v) The preferred means of reporting fires and other emergencies; and
(vi) Names or regular job titles of persons or departments that can be contacted for further information or explanation of duties under the plan.
(3)
(4)
(5)
(ii) The employer shall review the plan with each employee covered by the plan at the following times:
(A) Initially when the plan is developed;
(B) Whenever the employee's responsibilities or designated actions under the plan change; and
(C) Whenever the plan is changed.
(iii) The employer shall review with each employee upon initial assignment those parts of the plan that the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and be made available for employee review.
(iv) Employers with 10 or fewer employees may communicate the plan orally to employees and need not maintain a written plan
(b) [Reserved]
(a) Span beams shall be secured to prevent accidental dislodgement.
(b) A safe means of access shall be provided for employees working with house fall blocks.
(c) Designated employees shall inspect chains, links, shackles, swivels, blocks and other loose gear used in house fall operations before each day's use. Defective gear shall not be used.
(a)
(2) All loose gear shall be inspected by the employer or his authorized representative before each use and, when necessary, at intervals during its use, to ensure that it is safe. Any gear which is found upon such inspection to be visibly unsafe shall not be used until it is made safe.
(3) Defective gear shall not be used. Distorted hooks, shackles or similar gear shall be discarded.
(b)
(i) In specialized equipment, such as but not limited to cranes, designed to be used with lesser wire rope safety factors;
(ii) In accordance with design factors in standing rigging applications; or
(iii) For heavy lifts or other purposes for which a safety factor of five is impracticable and for which the employer can demonstrate that equivalent safety is ensured.
(2) Wire rope or wire rope slings having any of the following conditions shall not be used:
(i) Ten randomly distributed broken wires in one rope lay or three or more broken wires in one strand in one rope lay;
(ii) Kinking, crushing, bird caging or other damage resulting in distortion of the wire rope structure;
(iii) Evidence of heat damage;
(iv) Excessive wear or corrosion, deformation or other defect in the wire or attachments, including cracks in attachments;
(v) Any indication of strand or wire slippage in end attachments; or
(vi) More than one broken wire in the close vicinity of a socket or swaged fitting.
(3) Protruding ends of strands in splices on slings and bridles shall be covered or blunted. Coverings shall be removable so that splices can be examined. Means used to cover or blunt ends shall not damage the wire.
(4) Where wire rope clips are used to form eyes, the employer shall adhere to the manufacturers' recommendations, which shall be made available for inspection. If “U” bolt clips are used and the manufacturers' recommendations are not available, Table C-1 shall be used to determine the number and spacing of the clips. “U” bolts shall be applied with the “U” section in contact with the dead end of the rope.
(5) Wire rope shall not be secured by knots.
(6) Eyes in wire rope bridles, slings, bull wires, or in single parts used for hoisting shall not be formed by wire rope clips or knots.
(7) Eye splices in wire ropes shall have at least three tucks with a whole strand of the rope and two tucks with one-half of the wire cut from each strand. Other forms of splices or connections which are shown to be equivalently safe may be used.
(8) Except for eye splices in the ends of wires and for endless rope slings, each wire rope used in hoisting or lowering, or in bulling cargo, shall consist of one continuous piece without knot or splice.
(c)
(2) Eye splices shall consist of at least three full tucks. Short splices shall consist of at least six full tucks, three on each side of the center line.
(d)
(2)(i) Unless otherwise recommended by the manufacturer, when synthetic fiber ropes are substituted for fiber ropes of less than three inches (7.62 cm) in circumference, the substitute shall be of equal size. Where substituted for fiber rope of three inches or more in circumference, the size of the synthetic rope shall be determined from the formula:
(ii) In making such substitution, it shall be ascertained that the inherent characteristics of the synthetic fiber are suitable for hoisting.
(e)
(1) Abnormal wear;
(2) Powdered fiber between strands;
(3) Sufficient cut or broken fibers to affect the capability of the rope;
(4) Variations in the size or roundness of strands;
(5) Discolorations other than stains not associated with rope damage;
(6) Rotting; or
(7) Distortion or other damage to attached hardware.
(f)
(g)
(2) Synthetic web slings shall be removed from service if they exhibit any of the following defects:
(i) Acid or caustic burns;
(ii) Melting or charring of any part of the sling surface;
(iii) Snags, punctures, tears or cuts;
(iv) Broken or worn stitches; or
(v) Distortion or damage to fittings.
(vi) Display of visible warning threads or markers designed to indicate excessive wear or damage.
(3) Defective synthetic web slings removed from service shall not be returned to service unless repaired by a sling manufacturer or similar entity. Each repaired sling shall be proof tested by the repairer to twice the slings' rated capacity prior to its return to service. The employer shall retain a certificate of the proof test and make it available for examination.
(4) Synthetic web slings provided by the employer shall only be used in accordance with the manufacturer's use recommendations, which shall be available.
(5) Fittings shall have a breaking strength at least equal to that of the sling to which they are attached and shall be free of sharp edges.
(h)
(2) Proof coil steel chain, also known as common or hardware chain, and other chain not recommended by the manufacturer for slinging or hoisting shall not be used for slinging or hoisting.
(3)(i) Sling chains, including end fastenings, shall be inspected for visible defects before each day's use and as often as necessary during use to ensure integrity of the sling.
(ii) Thorough inspections of chains in use shall be made quarterly to detect wear, defective welds, deformation or increase in length or stretch. The month of inspection shall be indicated on each chain by color of paint on a link or by other equally effective means.
(iii) Chains shall be removed from service when maximum allowable wear, as indicated in Table C-2, is reached at any point of link.
(iv) Chain slings shall be removed from service when stretch has increased the length of a measured section by more than five percent; when a link is bent, twisted or otherwise damaged; or when a link has a raised scarf or defective weld.
(v) Only designated persons shall inspect chains used for slinging and hoisting.
(4) Chains shall be repaired only under qualified supervision. Links or portions of chain defective under any of the criteria of paragraph (h)(3)(iii) of this section shall be replaced with properly dimensioned links or connections of material similar to those of the original chain. Before repaired chains are returned to service, they shall be tested to the proof load recommended by the manufacturer of the original chain. Tests shall be performed by the manufacturer or shall be certified by an agency accredited for the purpose under part 1919 of this chapter. Test certificates shall be available for inspection.
(5) Wrought iron chains in constant use shall be annealed or normalized at intervals not exceeding six months. Heat treatment certificates shall be
(6) Kinked or knotted chains shall not be used for lifting. Chains shall not be shortened by bolting, wiring or knotting. Makeshift links or fasteners such as wire, bolts or rods shall not be used.
(7) Hooks, rings, links and attachments affixed to sling chains shall have rated capacities at least equal to that of the chains to which they are attached.
(8) Chain slings shall bear identification of size, grade and rated capacity.
(i)
(2) Screw pin shackles used aloft in house fall or other gear, except in cargo hook assemblies, shall have their pins moused or otherwise effectively secured.
(j)
(2) Bent or sprung hooks shall be discarded.
(3) Teeth of case hooks shall be maintained in safe condition.
(4) Jaws of patent clamp-type plate hooks shall be maintained in condition to grip plates securely.
(5) Loads shall be applied to the throat of the hook only.
(k)
(2) Damaged pallets shall be stored in designated areas and identified.
(3) Reusable wing or lip-type pallets shall be hoisted by bar bridles or other suitable gear and shall have an overhanging wing or lip of at least three inches (7.62cm). They shall not be hoisted by wire slings alone.
(4) Loaded pallets that do not meet the requirements of this paragraph shall be hoisted only after being placed on pallets meeting such requirements or shall be handled by other means providing equivalent safety.
(5) Bridles for handling flush end or box-type pallets shall be designed to prevent disengagement from the pallet under load.
(6) Pallets shall be stacked or placed to prevent falling, collapsing or otherwise causing a hazard under standard operating conditions.
(7) Disposable pallets intended only for one use shall not be reused for hoisting.
(a)
(b)
(2) Unauthorized personnel shall not ride on powered industrial trucks. A safe place to ride shall be provided when riding is authorized.
(3) When a powered industrial truck is left unattended, load-engaging means shall be fully lowered, controls neutralized and brakes set. Unless the truck is in view and within 25 feet (7.62 m) of the operator, power shall be shut off. Wheels shall be blocked or curbed if the truck is on an incline.
(4) Powered industrial trucks shall not be operated inside highway vehicles or railcars having damage which could affect operational safety.
(5) Powered industrial trucks shall be marked with their rated capacities, which shall be visible to the operator.
(6) Only stable and safely arranged loads within the rated capacity of the truck shall be handled.
(7) The employer shall direct drivers to ascend and descend grades slowly.
(8) The employer shall direct drivers to slow down and sound the horn at crossaisles and other locations where visibility is obstructed.
(9) If the load obstructs the forward view, the employer shall direct drivers to travel with the load trailing.
(10) Steering knobs shall not be used unless the truck is equipped with power steering.
(11) When powered industrial trucks use cargo lifting devices that have a means of engagement hidden from the operator, a means shall be provided to enable the operator to determine that the cargo has been engaged.
(12) When cargo is being towed on pipe trucks or similar equipment, a safe means shall be provided to protect the driver from sliding loads.
(c)
(2) Batteries on all powered trucks shall be disconnected during repairs to the primary electrical system unless power is necessary for testing and repair. On trucks equipped with systems capable of storing residual energy, that energy shall be safely discharged before work on the primary electrical system begins.
(3) Replacement parts whose function might affect operational safety shall be equivalent in strength and performance capability to the original parts which they replace.
(4) Braking systems or other mechanisms used for braking shall be operable and in safe condition.
(5) Powered industrial trucks shall be maintained in safe working order. Safety devices shall not be removed or made inoperative except as otherwise provided in this section. Trucks with a fuel system leak or any other safety defect shall not be operated.
(6) Those repairs to the fuel and ignition systems of industrial trucks which involve fire hazards shall be conducted only in locations designated as safe for such repairs.
(d)
(2) Approved trucks acquired and used after February 15, 1972, shall bear a label or other identification indicating testing laboratory approval.
(3) When the atmosphere in an area is hazardous and the provisions of United States Coast Guard regulations at 33 CFR 126.15(e) do not apply, only power-operated industrial trucks approved for such locations shall be used.
(e)
(ii) Overhead guards shall not obstruct the operator's view, and openings in the top of the guard shall not exceed six inches (15.24 cm) in one of the two directions, width or length. Larger openings are permitted if no opening allows the smallest unit of cargo being handled to fall through the guard.
(iii) Overhead guards shall be built so that failure of the vehicle's mast tilting mechanism will not displace the guard.
(iv) An overhead guard, otherwise required by this paragraph, may be removed only when it would prevent a truck from entering a work space and if the operator is not exposed to low overhead obstructions in the work space.
(v) Overhead guards shall be large enough to extend over the operator during all truck operations, including forward tilt.
(2)
(3)
(4)
(5)
(ii) If loads are lifted by two or more trucks working in unison, the total weight of the load shall not exceed the combined rated lifting capacity of all trucks involved.
(6)
(i) The platform shall have a railing complying with § 1917.112(c).
(ii) The platform shall have toeboards complying with § 1917.112(d) if tools or other objects could fall on employees below.
(iii) An employee shall be at the truck's controls whenever employees are elevated.
(iv) Employees on the platform shall be protected from exposure to moving truck parts.
(v) The platform floor shall be skid resistant.
(vi) When the truck has controls elevated with the lifting carriage, means shall be provided for employees on the platform to shut off power to the vehicle.
(vii) While employees are elevated, the truck may be moved only to make minor placement adjustments.
(f)
(2) Guards and their attachment points shall be so designed as to be able to withstand, without excessive deflection, a load applied horizontally at the operator's shoulder level equal to the drawbar pull of the machine.
(3) After July 26, 1999 bulk cargo-moving vehicles shall be equipped with rollover protection of such design and construction as to prevent the possibility of the operator being crushed because of a rollover or upset.
(g)
(2)
(A) The upper sprocket shall be enclosed;
(B) The upper half of the lower sprocket shall be enclosed; and
(C) The drive chain shall be enclosed to a height of eight feet (2.44 m) except for that portion at the lower half of the lower sprocket.
(ii) Gears shall be enclosed and revolving parts which may be contacted by the operator shall be guarded.
(iii) When straddle trucks are used in the vicinity of employees, personnel-deflecting guards shall be provided around leading edges of front and rear wheels.
(3)
(h)
(2) Rear cab windows shall be of safety glass or of equivalent material.
(a) The requirements
(b) Private vehicle parking in marine terminals shall be allowed only in designated areas.
(c) Trailers shall not be disconnected from tractors at loading docks until the road wheels have been immobilized. The road wheels shall be immobilized from the time the brake system is disconnected until braking is again provided. Supplementary front end support shall be employed as necessary to prevent tipping when a trailer is entered by a material handling vehicle. Rear end support shall be employed if rear wheels are so far forward as to allow tipping when the trailer is entered.
(d) The employer shall direct motor vehicle operators to comply with any posted speed limits and other traffic control signs or signals, and written traffic instructions.
(e) Stop signs shall be posted at main entrances and exits of structures where visibility is impaired, and at blind intersections, unless direct traffic control or warning mirror systems or other systems of equivalent safety are provided.
(f) Vehicular routes, traffic rules, and parking areas shall be established, identified, and used.
(g) The employer shall direct vehicle drivers to warn employees in traffic lanes of the vehicle's approach.
(h) Signs indicating pedestrian traffic shall be clearly posted at vehicular check-in and check-out lines and similar locations where employees may be working.
(i) A distance of not less than 20 feet (6.1 m) shall be maintained between the first two vehicles in a check-in, check-out, roadability, or vessel loading/discharging line. This distance shall be maintained between any subsequent vehicles behind which employees are required to work.
(j) No unattended vehicle shall be left with its engine running unless secured against movement (see § 1917.43(b)(3) for powered industrial trucks).
(k) When the rear of a vehicle is elevated to facilitate loading or discharging, a ramp shall be provided and secured. The vehicle shall be secured against accidental movement during loading or discharging.
(l) Only highway vehicle floors in safe condition shall be used.
(m) When flatbed trucks, platform containers or similar conveyances are loaded or discharged and the cargo consists of pipe or other products which could spread or roll to endanger employees, the cargo shall be contained to prevent movement.
(n) Vehicles used to transport employees within a terminal shall be maintained in safe working order and safety devices shall not be removed or made inoperative.
(o)
(1)
(2)
(3)
(ii) Employees assigned such duties shall have demonstrated their ability by the safe performance of the following tasks:
(A) Tire demounting (including deflation);
(B) Inspection of wheel components;
(C) Mounting of tires;
(D) Inflation of tires, including use of a restraining device;
(E) Handling of wheels;
(F) Inflation of tires when a wheel is mounted on the vehicle; and
(G) Installation and removal of wheels.
(4)
(i) Tires shall be completely deflated before demounting by removal of the valve core;
(ii) The valve core shall be removed before the wheel is removed from the axle when:
(A) The tire has been operated underinflated at 80% or less of its recommended pressure, or
(B) There is discernible or suspected damage to the tire or wheel components;
(iii) Mating surfaces shall be free of dirt, surface rust, scale and rubber buildup before mounting;
(iv) Rubber lubricant shall be applied to bead and rim mating surfaces upon wheel assembly and inflation of the tire;
(v) Air pressure shall not exceed 3 psig (0.21 kg/cm
(vi) While the tire is pressurized, components shall not be struck or forced to correct the seating of side or lock rings;
(vii) There shall not be any contact between an employee or unit of equipment and a restraining device during tire inflation;
(viii) After inflation, tires, rims and rings shall be inspected while within the restraining device to ensure seating and locking. If adjustment is necessary the tire shall first be deflated by valve core removal; and
(ix) Before assembly, wheel components shall be inspected, and damaged rim components shall not be reused.
(5)
(ii) A current rim manual containing the manufacturer's instructions for mounting, demounting, maintenance and safety precautions relating to the multi-piece rim wheels being serviced shall be available in the terminal's service area.
(6)
(ii) Restraining devices shall be kept in good repair and be capable of preventing rim components from being thrown outside the device.
(7)
(8)
(ii) Wheel components shall not be interchanged except as provided in the applicable chart or manual.
(a)
(2) This section does not apply to small industrial truck-type cranes, container handling top-loaders and sideloaders, chain hoists, and mobile straddle-type cranes incapable of straddling two or more intermodal containers (16 feet (4.88 m) in width).
(b)
(2) The manufacturer's (or design) rated loads for the conditions of use shall not be exceeded.
(3) Designated working loads shall not be increased beyond the manufacturer's ratings or original design limitations unless such increase receives the manufacturer's approval. When the manufacturer's services are not available or where the equipment is of foreign manufacture, engineering design analysis shall be performed or approved by a person accredited for certificating the equipment under part 1919 of this chapter. Engineering design analysis shall be performed by a registered professional engineer competent in the field of cranes and derricks. Any structural changes necessitated by the change in rating shall be carried out.
(c)
(d)
(2) No crane or derrick having a visible or known defect that affects safe operation shall be used.
(e)
(2) Crane hooks shall be latched or otherwise secured to prevent accidental load disengagement.
(f)
(ii) After October 3, 1984, overhead bridge and container gantry crane operating control levers shall be self-centering so that they will automatically move to the “off” position when the operator releases the control.
(2)
(3)
(4)
(i) Footwalks shall be of rigid construction, and shall be capable of supporting a load of 100 pounds (4.79 kPa) per square foot.
(ii) If more than 20 feet (6.1 m) in height, vertical ladders shall comply with § 1917.118 (d), (e)(1), (e)(2)(iii), and (e)(2)(iv).
(iii) Stairways on cranes shall be equipped with rigid handrails meeting the requirements of § 1917.112(e).
(iv) If the top of a ladder or stairway or any position thereof is located where a moving part of a crane, such as a revolving house, could strike an employee ascending or descending the ladder or stairway, a prominent warning sign shall be posted at the foot of the ladder or stairway. A system of communication (such as a buzzer or bell) shall be established and maintained between the foot of the ladder or stairway and the operator's cab.
(5)
(ii) A seat (lap) belt, meeting the requirements of 49 CFR 571.208-210 for a Type 1 seat belt assembly, shall be installed on the operator's seat of high speed container gantry cranes where the seat trolleys.
(6)
(7)
(8)
(9) Electrical equipment shall be so located or enclosed that live parts will not be exposed to accidental contact. Designated persons may work on energized equipment only if necessary during inspection, maintenance, or repair.
(10)
(ii) No portable fire extinguisher using carbon tetrachloride or chlorobromomethane extinguishing agents shall be used.
(11)
(12)
(13)
(ii) Each independent hoisting unit of a crane, except worm geared hoists, the angle of whose worm is such as to prevent the load from accelerating in the lowering direction, shall, in addition to a holding brake, be equipped with a controlled braking means to control lowering speeds.
(iii) Holding brakes for hoist units shall have not less than the following percentage of the rated load hoisting torque at the point where the brake is applied:
(A) 125 percent when used with an other than mechanically controlled braking means; or
(B) 100 percent when used with a mechanically-controlled braking means.
(C) 100 percent when two holding brakes are provided.
(iv) All power control braking means shall be capable of maintaining safe lowering speeds of rated loads.
(g)
(2)
(3)
(ii) The wind indicating device shall provide a visible or audible warning to alert the operator of high wind conditions. That warning shall be transmitted whenever the following circumstances are present:
(A) When wind velocity reaches the warning speed, not exceeding the crane manufacturer's recommendations; and
(B) When wind velocity reaches the shutdown speed, not exceeding the crane manufacturer's recommendations, at which work is to be stopped and the crane secured.
(iii)
(4)
(A) Gantry travel shall be stopped; and
(B) The crane shall be readied for shutdown.
(ii) When the wind reaches the crane's shutdown speed:
(A) Any portion of the crane spanning or partially spanning a vessel shall be moved clear of the vessel if safe to do so; and
(B) The crane shall be secured against travel, using all available means of securing.
(5) The employer shall monitor local weather conditions by subscribing to a weather service or using equally effective means.
(6)
(ii) When more than one crane operates on the same runway or more than one trolley on the same bridge, each crane or trolley shall be equipped with bumpers or equivalent devices at adjacent ends subject to impact.
(7)
(8)
(9)
(10)
(11) Limit switch bypass systems shall be secured during all cargo operations. Such bypass systems shall not be used except in an emergency or during non-cargo handling operations such as stowing cranes or derricks or performing repairs. When a situation requiring the use of a bypass system or the readjustment of a limit switch arises, it shall be done only under the direction of a crane mechanic.
(h)
(i)
(2)
(3)
(4)
(i) Suspended loads, such as those hoisted by lifting magnets or clamshell buckets, shall be landed unless the storage position or maximum hoisting of the suspended device will provide equivalent safety;
(ii) Clutches shall be disengaged;
(iii) The power supply shall be shut off;
(iv) The crane shall be secured against accidental travel; and
(v) The boom shall be lowered or secured against movement.
(5)
(A) For lines rated 50 kV or below, minimum clearance between the lines and any part of the crane or load shall be 10 feet (3.05 m);
(B) For lines rated over 50 kV, minimum clearance between the lines and any part of the crane or load shall be either 10 feet (3.05 m) plus 0.4 inch (10.16 mm) for each 1 kV over 50 kV, or twice the length of the line insulator, but never less than 10 feet; and
(C) In transit with no load and boom lowered, the clearance shall be a minimum of 4 feet (1.22 m).
(ii)
(iii)
(j)
(i) On intermodal container spreaders, equipped in accordance with paragraph (j)(8) of this section; or
(ii) In a boatswain's chair or other device rigged to prevent it from accidental disengagement from the hook or supporting member; or
(iii) On a platform meeting the following requirements:
(A) Enclosed by a railing or other means providing protection equivalent to that described in § 1917.112(c). If equipped with open railings, the platform shall be fitted with toe boards;
(B) Having a safety factor of four based on ultimate strength;
(C) Bearing a plate or permanent marking indicating maximum load rating, which shall not be exceeded, and the weight of the platform itself;
(D) Equipped with a device to prevent access doors, when used, from opening accidentally;
(E) Equipped with overhead protection for employees on the platform if they are exposed to falling objects or overhead hazards;
(F) Secured to the load line by means other than wedge and socket attachments, unless the free (bitter) end of the line is secured back to itself by a clamp placed as close above the wedge as possible.
(2) Except in an emergency, the hoisting mechanism of all cranes or derricks used to hoist personnel shall operate only in power up and power down, with automatic brake application when not hoisting or lowering.
(3) Variable radius booms of a crane or derrick used to hoist personnel shall be so constructed or secured as to prevent accidental boom movement.
(4) Platforms or devices used to hoist employees shall be inspected for defects before each day's use and shall be removed from service if defective.
(5) Employees being hoisted shall remain in continuous sight of and communication with the operator or signalman.
(6) Operators shall remain at the controls when employees are hoisted.
(7) Cranes shall not travel while employees are hoisted, except in emergency or in normal tier to tier transfer of employees during container operations.
(8) When intermodal container spreaders are used to transfer employees to or from the tops of containers, the spreaders shall be equipped with a personnel platform equipped with fixed railings, provided that the railings have one or more openings for access. The openings shall be fitted with a means of closure, such as chains with hooks. Existing railings shall be at least 36 inches (0.91 m) in height. New railings installed after October 3, 1983 shall be 42 inches (1.07 m), plus or minus 3 inches (7.62 cm), in height. The provisions of paragraphs (j)(1)(iii)(C), (j)(1)(iii)(D), and (j)(1)(iii)(F) of this section also apply to personnel platforms when such container spreaders are used.
(9) Employees shall not be hoisted on intermodal container spreaders while a load is engaged.
(10) All cranes and derricks used to hoist personnel shall be equipped with an anti-two-blocking device.
(k)
(2) A designated person shall thoroughly inspect all functional components and accessible structural features of each crane or device at monthly intervals.
(3) Any defects found during such inspections which may create a safety hazard shall be corrected before further equipment use. Repairs shall be performed only by designated persons.
(4) A record of monthly inspections shall be maintained for six months in or on the crane or derrick or at the terminal.
(a)(1) Except as provided in paragraph (a)(1)(viii) of this section, every crane after October 3, 1984 shall be fitted with a load indicating device or alternative device in proper working condition which shall meet the following criteria:
(i) The type or model or any load indicating or alternate device which is used shall provide:
(A) A direct indication in the cab of actual weight hoisted or a means of determining this by referencing a weight indication to crane ratings posted and visible to the operator, except that the use of a dynamometer or simple scale alone will not meet this requirement; or
(B) Indications in the cab according to the radius and load at the moment; or
(C) A direct means to prevent an overload from occurring.
(ii) The accuracy of the load indicating device, weight-moment device, or overload protection device shall be such that any indicated load (or limit), including the sum of actual weight hoisted and additional equipment or “add ons” such as slings, sensors, blocks, etc., is within the range between 95 percent (5 percent underload) and 110 percent (10 percent overload) of the actual true total load. Such accuracy shall be required over the range of daily operating variables reasonably anticipated under the conditions of use.
(iii) The device shall permit the operator to determine, before making any
(iv) When a load indicating device or alternative system is so arranged in the supporting system (crane structure) that its failure could cause the load to be dropped, its strength shall not be the limiting factor of the supporting system (crane structure).
(v) Marking shall be conspicuously placed giving: units of measure in pounds or both pounds and kilograms, capacity of the indicating system, accuracy of the indicating system, and operating instructions and precautions. In the case of systems utilizing indications other than actual weights, the marking shall include data on: the means of measurement, capacity of the system, accuracy of the system, and operating instructions and precautions. If the system used provides no readout, but is such as to automatically cease crane operation when the rated load limit under any specific condition of use is reached, marking shall be provided giving the make and model of the device installed, a description of what it does, how it is operated, and any necessary precautions regarding the system. All weight indications, other types of loading indications, and other data required shall be readily visible to the operator.
(vi) All load indicating devices shall be operative over the full operating radius. Overall accuracy shall be based on actual applied load and not on full scale (full capacity) load.
For example, if accuracy of the load indicating device is based on full scale load and the device is arbitrarily set at plus/minus 10 percent, it would accept a reading between 90,000 and 110,000 lbs., at full capacity of a machine with 100,000 lbs., maximum rating, but would also allow a reading between zero and 20,000 lbs., at that outreach (radius) at which the rating would be 10,000 lbs., capacity—an unacceptable figure. If, however, accuracy is based on actual applied load under the same conditions, the acceptable range would remain the same with the 100,000-lb. load but becomes a figure between 9,000 and 11,000 lbs., a much different and acceptable condition, at the 10,000-lb. load.
(vii) When the device uses the radius as a factor in its use or in its operating indications, the indicated radius (which may be in feet and/or meters, or degrees of boom angle, depending on the system used) shall be a figure which is within the range of a figure no greater than 110 percent of the actual radius to a figure which is no less than 97 percent of the actual (true) radius. A conversion chart shall be provided whenever it is necessary to convert between degrees of radius and feet or meters.
(viii) The load indicating device requirements of this subparagraph do not apply to a crane:
(A) Of trolley equipped bridge type or overhead type while handling intermodal containers known to be identified as empty, or loaded, and in either case in compliance with the provisions of § 1917.71, or while hoisting other lifts by means of a lifting beam supplied by the crane manufacturer for the purpose, and in all cases within the crane rating;
(B) While handling bulk commodities or cargoes by means of clamshell bucket or magnet;
(C) While used to handle or hold hoses in connection with transfer of bulk liquids or other hose handled products; or
(D) While the crane is used exclusively to handle cargo or equipment the total actual gross weight of which is known by means of marking of the unit or units hoisted, when such total actual gross weight never exceeds 11,200 lbs., and when 11,200 lbs., is less than the rated capacity of the crane at the maximum outreach that is possible under the conditions of use at the time.
(a) Moving winch parts which present caught-in hazards to employees shall be guarded.
(b) Winches shall have clearly identifiable and readily accessible stop controls.
(c) Portable winches shall be secured against accidental shifting while in use.
(d) Portable winches shall be fitted with limit switches if employees have access to areas from which it is possible to be drawn into the winch.
(e) The provisions of § 1917.45(f)(11) shall apply to winches.
(a)
(2) An elevated walkway with guardrail or equivalent means of protection shall be provided where employees cross over moving conveyors, and suitable guarding shall be provided when employees pass under moving conveyors.
(b)
(c)
(d)
(2) Conveyors using electrically released brakes shall be constructed so that the brakes cannot be released until power is applied, and so that the brakes are automatically engaged if the power fails or the operating control is returned to the “stop” position.
(e)
(f)
(g)
(h)
(i)
(2) The starting device shall be locked out and tagged out in the stop position before an attempt is made to remove the cause of a jam or overload of the conveying medium, unless it is necessary to have the power on to remove the jam.
(j)
(2) The employer shall direct employees to stay off operating conveyors.
(3) Conveyors shall be operated only with all overload devices, guards and safety devices in place and operable.
(a) Standing and running rigging and associated gear used as a permanent part of spouts, chutes or similar devices shall be inspected before each use and shall not be used if it has any functional defects. (See also § 1917.50(c)(2) for certification requirements.)
(b) Direct communication shall be provided between the discharge or shipboard control end of loading spouts and chutes and the point in the terminal from which the flow of cargo is controlled.
(c) Chute and hopper openings which present a hazard shall be guarded to prevent employees from falling through them.
(d) When employees are working on hoppers, the hopper shall be equipped with a safe walkway and means of access.
(e) When necessary for the safety of employees, chutes shall be equipped with sideboards to afford protection from falling objects.
(f) Chutes shall be firmly placed and secured to prevent them from falling.
(g) When necessary for the safety of employees, provisions shall be made for
(h) Before an employee enters an empty bin:
(1) Personnel controlling the flow of cargo into the bin shall have been notified of the entry; and
(2) The power supply to the equipment carrying the cargo to the bin shall be turned off, locked out and tagged.
(i) Before an employee enters a bin containing a bulk commodity such as coal or sugar, the employer shall ensure that:
(1) Personnel controlling the flow of cargo into the bin have been notified of the entry;
(2) The power supply to the equipment carrying the cargo to the bin is turned off, locked out and tagged.
(3) The employee entering the bin wears a lifeline and safety harness; and
(4) A standby attendant equipped to perform a rescue is continuously stationed outside the bin until the employee has left the bin.
(j) Bin top openings that present a hazard to employees shall be covered to prevent employees from falling into bins.
(k) Chutes and hoppers shall be repaired only by designated persons.
(l)(1) Before power shoveling operations begin, a designated person shall inspect the equipment to be used. The inspection shall include at least the eye bolts, wires, and sheaves.
(2) Power shovels and associated equipment with defects affecting safe operation shall not be used.
(3) Before adjustments are made to a power shovel, wire, or associated equipment, the power supply to the shovel shall be turned off, locked out, and tagged, the belt stopped, and the hopper closed.
(a) The employer shall not use any material handling device listed in paragraph (c) of this section until he has ascertained that the device has been certificated, as evidenced by current and valid documents attesting to compliance with the requirements of paragraph (b) of this section.
(1) Certification surveys are to be completed for the conditions of use found at the time such surveys are completed, with the understanding that equipment owners/users can change the configurations of the equipment according to the manufacturer's specifications without affecting the established certification status for the equipment.
(2) In cases of foreign manufactured cranes, there shall be an owner's warranty that the design is adequate for the intended use. The warranty shall be based on a thorough examination of the design specifications by a registered professional engineer familiar with the equipment.
(b) The certifications required by this section shall be performed:
(1) In accordance with part 1919 of this chapter, by persons then currently accredited by the Occupational Safety and Health Administration as provided in that part; or
(2) In accordance with standards established and enforced by the state in which the device is located or by a political subdivision thereof, which have been found by the Secretary to be compatible with part 1919 of this chapter, by persons designated as competent to perform such certification by competent state authority and recognized as such by the Secretary.
(c) The marine terminal material handling devices listed below shall be certificated in the following manner:
(1) Each crane and derrick shall be tested as a unit quadrennially, and shall be examined annually. Certificates of tests and examinations shall be made readily available for inspection.
(2) Bulk cargo spouts and suckers, together with any portable extensions and rigging or outriggers supporting them vertically, shall be examined annually. Certificates attesting to the required examination shall be made readily available for inspection.
(3) Vertical pocket or bucket conveyors such as banana, sugar, and grain marine legs (other than those within a grain elevator structure) used within a marine terminal facility shall be examined annually. The annual examination
(4)(i) House fall cargo-handling gear in use shall be proof load tested as a unit upon initial certification and every fourth year thereafter. An examination shall be carried out in conjunction with each unit proof load test and annually thereafter. The unit test shall consist of a proof load of 25 percent in excess of the rated safe working load. Examinations shall include all supporting structures and components. Certificates attesting to the required tests and examinations shall be readily available for inspection.
(ii) House fall span beams or other house fall block supports shall be marked with the safe working load, which shall not be exceeded.
(5)
(ii) Special stevedoring gear provided by the employer that has a SWL of five short tons (10,000 lbs or 4.54 metric tons) or less shall be inspected and tested as a unit before initial use according to paragraphs (d) and (e) of this section or by a designated person (see Table A in this paragraph (c)(5)(ii)).
(iii) Every spreader that is not a part of ship's gear and is used for handling intermodal containers shall be inspected and tested before initial use to a proof load equal to 25 percent greater than its rated capacity. In addition, any spreader that suffers damage necessitating structural repair shall be inspected and retested after repair and before being returned to service.
(iv) All cargo handling gear covered by this section with a SWL greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be proof load tested according to Table A of this section every 4 years in accordance with paragraph (b) of this section or by a designated person.
(v) Certificates and inspection and test records attesting to the tests required by this section shall be available for inspection.
(6) Wire rope and loose gear obtained after October 3, 1983, and used for material handling shall have been tested and certificated before being placed into use in accordance with the provisions of paragraphs (a), (c), and (d) of §§ 1919.31 and 1919.32 through 1919.34 of this chapter as applicable. Certificates attesting to the required tests, inspections and examinations shall be available.
(d) Disassembly and reassembly of equipment does not require recertification of the equipment provided that the equipment is reassembled and used in a manner consistent with its certification.
(e) For equipment certificated in accordance with paragraph (b)(2) of this section and transferred to a job site in another state, the current certification shall remain valid until the next inspection or examination becomes due.
(f) Certification procedures shall not be construed as a substitute for, or cause for elimination of, normal operational inspection and maintenance routine throughout the year.
(g)(1) Every unit of equipment requiring quadrennial certification shall have had such quadrennial certification within the previous 48 months. Equipment requiring annual certification shall have had such annual certification within the previous 12 months, except that no annual certification is required within 12 months
(2) When certificated equipment is out of service for 6 months or more beyond the due date of a certification inspection, an examination equivalent to an initial certification, including unit proof load test, shall be performed before the equipment re-enters service.
(h) Loose gear obtained after October 3, 1983 shall bear a legible mark indicating that it has been tested (see paragraph(c)(6) of this section). Single sheave blocks shall be marked with safe working loads and proof test loads. Marks relating to testing shall be identifiable on the related certificates, which shall be available.
(i)
(2) All cargo handling gear provided by the employer with a safe working load greater than five short tons (10,000 lbs. or 4.54 metric tons) shall have its safe working load plainly marked on it.
(j)
(1) Small industrial crane trucks as described on page 8 and illustrated on page 13 of ASME B56.1, 1959, “Safety Code for Powered Industrial Trucks”, and powered industrial trucks;
(2) Any straddle truck not capable of straddling two or more intermodal containers 16 feet (4.88 m) in width; and
(3) Gear used only for handling or holding hoses, handling ship's stores or handling the gangway.
(a) Hand tools used by employees shall be maintained in safe operating condition.
(b)(1) Hand-held portable electric tools shall be equipped with switches that must be manually held in a closed position to operate the tool.
(2) 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 needed 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 needed 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.
(c) Only cutting tools shall be used to cut metal strapping or banding used to secure cargo.
The provisions of this subpart D shall apply to specialized terminals in addition to any other applicable requirements of this part.
(a) Every intermodal container shall be legibly and permanently marked with:
(1) The weight of the container when empty, in pounds;
(2) The maximum cargo weight the container is designed to carry, in pounds; and
(3) The sum of the weight of the container and the cargo, in pounds.
(b) No container shall be hoisted by any crane or derrick unless the following conditions have been met:
(1) The employer shall ascertain from the carrier whether a container to be hoisted is loaded or empty. Empty containers shall be identified before loading or discharge in such a manner as will inform every supervisor and foreman on the site and in charge of loading or discharging, or every crane or other hoisting equipment operator and signalman, if any, that such container is empty. Methods of identification may include cargo plans, manifests or markings on the container.
(2) In the case of a loaded container:
(i) The actual gross weight shall be plainly marked so as to be visible to the crane or other hoisting equipment
(ii) The cargo stowage plan or equivalent permanently recorded display serving the same purpose, containing the actual gross weight and the serial number or other positive identification of that specific container, shall be provided to the crane or other hoisting equipment operator and signalman, if any, and to every supervisor and foreman on the site and in charge of the operation.
(3) Every outbound loaded container which is received at a marine terminal ready to load aboard a vessel without further consolidation or loading shall be weighed to obtain the actual gross weight, either at the terminal or elsewhere, before being hoisted.
(4)(i) When container weighing scales are located at a marine terminal, any outbound container with a load consolidated at that terminal shall be weighed to obtain an actual weight before being hoisted.
(ii) If the terminal has no scales, the actual gross weight may be calculated on the basis of the container's contents and the container's empty weight. The weights used in the calculation shall be posted conspicuously on the container, with the name of the person making the calculation and the date.
(5) Open type vehicle carrying containers and those built specifically and used solely for the carriage of compressed gases are excepted from paragraphs (b)(3) and (b)(4) of this section.
(6) Closed dry van containers carrying vehicles are exempted from paragraph (b)(4) of this section provided that:
(i) The container carries only completely assembled vehicles and no other cargo;
(ii) The container is marked on the outside in such a manner that an employee can readily discern that the container is carrying vehicles; and
(iii) The vehicles were loaded into the container at the marine terminal.
(7) The weight of loaded inbound containers from foreign ports shall be determined by weighing or by the method of calculation described in paragraph (b)(4)(ii) of this section or by shipping documents.
(8) Any scale used within the United States to weigh containers for the purpose of the requirements of this section shall meet the accuracy standards of the state or local public authority in which the scale is located.
(c) No container or containers shall be hoisted if their actual gross weight exceeds the weight marked as required in paragraph (a)(2) of this section, or if it exceeds the capacity of the crane or other hoisting device intended to be used.
(d)(1) Marked or designated areas shall be set aside within a container or roll-on roll-off terminal for passage of employees to and from active cargo transfer points, except where transportation to and from those points is provided by the employer.
(2) The employer shall direct employees to stay clear of the area beneath a suspended container.
(e) Each employee working in the immediate area of container handling equipment or in the terminal's traffic lanes shall wear a high visibility vest (or equivalent protection).
High visibility vests or equivalent protection means high visibility/retro-reflective materials which are intended to make the user clearly visible by day through the use of high visibility (fluorescent) material and in the dark by vehicle headlights through the use of retro-reflective material. For example, an acceptable area of material for a vest or equivalent protection is .5 m
(f) Containers shall be handled using lifting fittings or other arrangements suitable and intended for the purpose as set forth in paragraphs (f)(1) through (f)(4) of this section, unless damage to an intermodal container makes special means of handling necessary.
(1) Loaded intermodal containers of 20 feet (6.1 m) or more in length shall be hoisted as follows:
(i) When hoisting containers by the top fittings, the lifting forces shall be applied vertically from at least four
(A) The container being lifted is an ISO closed box container;
(B) The condition of the box is sound;
(C) The speed of hoisting and lowering is moderated when heavily ladened containers
(D) The lift angle is at 80 to 90 degrees;
(E) The distance between the lifting beam and the load is at least 8 feet and 2.4 inches (2.5 m); and
(F) The length of the spreader beam is at least 16.3 feet (5 m) for a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot container.
(ii) If hoisted from bottom fittings, the hoisting connections shall bear on the fittings only, making no other contact with the container. The angles of the four bridle legs shall not be less than 30° to the horizontal in the case of 40 foot (12.2 m) containers, 37° in the case of 30 foot (9.1 m) containers, and 45° in the case of 20 foot (6.1 m) containers.
(iii) Lifting containers by fork lift trucks or by grappling arms from above or from one side may be done only if the container is designed for this type of handling.
(iv) Other means of hoisting may be used only if the containers and hoisting means are designed for such use.
(2)(i) When using intermodal container spreaders that employ lanyards for activation of load disengagement, all possible precautions shall be taken to prevent accidental release of the load.
(ii) Intermodal container spreader twistlock systems shall be designed and used so that a suspended load cannot accidentally be released.
(3) Flat bed trucks or container chassis used to move intermodal containers shall be equipped with pins, flanges, or other means to prevent the container from shifting.
(4) After July 27, 1998, flat bed, low boy trailers (mafis) and other similar equipment used to transport containers shall be marked with their cargo capacities and shall not be overloaded.
(5) Each tractor shall have all brake air lines connected when pulling trailers equipped with air brakes and shall have the brakes tested before commencing operations.
(g)(1) Intermodal containers shall be inspected for defects in structural members or fittings before handling.
(2) Any intermodal container found to be unsafe shall be identified as such, promptly removed from service and repaired before being returned to service.
(h) Containers shall not be hoisted unless all engaged chassis twist locks are released.
(a)(1) Tanks in terminal areas used for receiving or storing bailwater for recirculating into vessel holds in discharging operations shall be opened or ventilated to minimize contamination of water circulated to the vessel. Bailwater tanks shall be thoroughly drained upon completion of each day's operations and shall be left open to the air. Drainage is unnecessary when bailwater has been treated to remove hydrogen sulfide-producing contaminants and the efficiency of such treatment has been established by the employer.
(2) Before employees enter a dock tank, it shall first be drained, rinsed and tested for hydrogen sulfide and oxygen deficiency. Employees shall not enter the tank when the hydrogen sulfide level exceeds 20 ppm or oxygen content is less than 19.5 percent, except in emergencies.
(3) Tests shall be conducted by designated personnel with suitable test equipment and respiratory protective equipment complying with the provisions of § 1910.134 of this chapter.
(b) Pipelines and hoses on the dock or terminal used for receiving and circulating used bailwater shall be completely drained upon completion of
(c) At least four units of respiratory protective equipment consisting of supplied-air respirators or self-contained breathing apparatus complying with the requirements of § 1910.134 of this chapter shall be available in a suitably labeled cabinet for immediate use in case of emergency caused by oxygen deficiency or hydrogen sulfide. Any employee entering a tank in an emergency shall, in addition to respiratory protective equipment, wear a lifeline and safety harness to facilitate rescue. At least two other employees, similarly equipped, shall be continuously stationed outside the tank to observe and to provide rescue services.
(d) The plant superintendent and foremen shall be trained and knowledgeable about the hazards of hydrogen sulfide and oxygen deficiency. They shall be trained in the use of appropriate respiratory and other protective equipment, and in rescue procedures. Other supervisory plant personnel shall be informed of these hazards and instructed in the necessary safety measures, including use of respiratory and rescue equipment.
(e) Supervisory personnel shall be on hand at dockside to supervise discharging of bailwater from vessels.
(a)(1) The employer shall ensure that each affected employee uses appropriate eye and/or face protection where there are exposures to eye and/or face hazards. Such equipment shall comply with American National Standards Institute, ANSI Z-87.1-1989, “Practice for Occupational and Educational Eye and Face Protection.”
(2) For employees wearing corrective spectacles, eye protection equipment required by paragraph (a)(1) of this section must be of a type which can be worn over spectacles. Prescription ground safety lenses may be substituted if they provide equivalent protection.
(3) For additional requirements covering eye protection against radiant energy, see § 1917.152(h).
(b) Eye protection equipment shall be maintained in good condition.
(c) Used eye protection equipment shall be cleaned and disinfected before reissuance to another employee.
(See § 1917.1(a)(2)(x)).
(a) 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.
(b) Such equipment shall comply with American National Standards Institute, ANSI Z-89.1-1986, “Personnel Protection-Protective Headwear for Industrial Workers-Requirements.”
(c) Protective hats previously worn shall be cleaned and disinfected before issuance by the employer to another employee.
(a) 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) Such equipment shall comply with American National Standards
Institute, ANSI Z-41-1991, “American National Standard for Personal Protection-Protective Footwear.”
(a)
(2) When necessary, protective clothing previously worn shall be cleaned and disinfected before reissuance.
(b)
(i) When such employees are working in isolation, or
(ii) Where physical limitations of available working space creates a hazard of falling into the water, or
(iii) Where the work area is obstructed by cargo or other obstacles so as to prevent employees from obtaining safe footing for their work.
(2) 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.
(3) Personal flotation devices shall be maintained in safe condition and shall be considered unserviceable when damaged so as to affect buoyancy or fastening capability.
(c)
(a) The structural integrity of docks, piers, wharves, terminals and working surfaces shall be maintained.
(b) Maximum safe load limits, in pounds per square foot (kilograms per square meter), of floors elevated above ground level, and pier structures over the water shall be conspicuously posted in all cargo areas.
(c) Maximum safe load limits shall not be exceeded.
(d) All walking and working surfaces in the terminal area shall be maintained in good repair.
(a)
(2) The provisions of paragraph (a)(1) of this section also apply at the edge of any fixed level above the common floor area from which vehicles may fall, except at loading docks, platforms and skids where cargo is moved by vehicles.
(b)
(2) Guardrails are not required:
(i) At loading platforms and docks;
(ii) At waterside edges used for cargo handling;
(iii) On the working sides of work platforms, skids or similar workplaces; or
(iv) On railroad rolling stock, highway vehicles, intermodal containers or similar equipment.
(3) Where guardrails are impracticable due to machinery requirements or work processes, an alternate means of protecting employees from falling, such as nets, shall be used.
(c)
(1) They shall be capable of withstanding a force of at least 200 pounds (890 N) applied in any direction at mid-span of the top rail (when used), or at the uppermost point if there is no top rail.
(2) If not of solid baluster, grillwork, slatted or similar construction, guardrails shall consist of top rails and midrails. Midrails, when used, shall be positioned at approximately half the height of the top rail.
(3) The top surface of guardrails installed before October 3, 1983, shall be at least 36 inches (0.91 m) high. Those installed after October 3, 1983, shall be
(4) Any non-rigid railing such as chain or wire rope shall have a maximum sag limit at the mid-point between posts of not more than 6 inches (15.24 cm).
(5) Top rails shall be free of puncture and laceration hazards.
(6) Rail ends shall not overhang to constitute a hazard, but this does not prohibit scrollwork, boxed ends or similar non-hazardous projections.
(d)
(e)
(1) For stairways less than 44 inches (1.12 m) wide, at least one railing; and
(2) For stairways more than 44 inches (1.12 m) but less than 88 inches (2.24 m) wide, a stair rail or handrail on each side, and if 88 or more inches wide, an additional intermediate handrail.
(f)
Clearance heights shall be prominently posted where the height is insufficient for vehicles and equipment.
(a)
(2) Lift trucks and cranes shall not be used to move mechanically operated doors except when necessary during repair on the doors, in which case ropes or other guarding shall be provided to prevent entry into the area where the door may fall or slide.
(3) Vertically operated doors partially opened for work or ventilation shall be secured to prevent accidental closing.
(b)
(2) Lifting bridles and tackles shall have a safety factor of five, based upon maximum anticipated static loading conditions.
(3) Devices shall be provided to hold overhead doors in the open position and to secure them when closed.
(4) Lifting gear and hardware shall be maintained in safe condition.
(5) Lifting ropes, when used, shall be placed out of the work area and off the floor.
(c)
(2) Sliding doors shall be secured to prevent them from swinging.
(a) Platforms and skids extending from piers, transit sheds or lofts and used for landing or hooking on drafts shall be provided at the open sides with guardrails meeting the requirements of § 1917.112(c) or alternate means, such as nets, to protect employees against falls.
(b) Any employee working below a second-story platform or skid shall be protected from falling objects by a net stretched from the platform or skid to the vessel.
(c) Platforms and skids shall be strong enough to bear the loads handled and shall be maintained in safe condition. Safe working loads, which shall be posted or marked on or adjacent to platforms and skids, shall have a minimum safety factor of five for any part, based upon maximum anticipated static loading conditions and the ultimate strength of the construction material.
(d) The employer shall provide and maintain platform and skid attachments that will prevent accidental movement of the skid or platform.
(a) “Elevator” means a permanent hoisting and lowering mechanism with a car or platform moving vertically in guides and serving two or more floors of a structure. The term excludes such devices as conveyors, tiering or piling machines, material hoists, skip or furnace hoists, wharf ramps, lift bridges, car lifts and dumpers.
(b) “Escalator” means a power-driven continuous moving stairway principally intended for the use of persons.
(c) No elevator or escalator with a defect which affects safety shall be used.
(d) Elevator safety devices shall not be overridden or made inoperable.
(e) Elevators and escalators shall be thoroughly inspected at intervals not exceeding one year. Additional monthly inspections for satisfactory operation shall be conducted by designated persons. Records of the results of the latest annual elevator inspections shall be posted in elevators. Records of annual escalator inspections shall be posted in the vicinity of the escalator or be available at the terminal.
(f) Elevator landing openings shall be provided with doors, gates or equivalent protection which shall be in place when the elevator is not at that landing, to prevent employees from falling into the shaft.
(g) The elevator's or escalator's maximum load limits shall be posted and not exceeded. Elevator load limits shall be posted conspicuously both inside and outside of the car.
(h) Elevators shall be operated only by designated persons except for automatic or door interlocking elevators which provide full shaft door closing and automatic car leveling.
(a)
(1) Step fastenings;
(2) Rails;
(3) Rail supports and fastenings;
(4) Roller and slides;
(5) Belt and belt tension;
(6) Handholds and fastenings;
(7) Floor landings;
(8) Guardrails;
(9) Lubrication;
(10) Safety switches;
(11) Warning signs and lights;
(12) Illumination;
(13) Drive pulley;
(14) Bottom (boot) pulley and clearance;
(15) Pulley supports;
(16) Motor;
(17) Drive mechanism;
(18) Brake;
(19) Electrical switches;
(20) Vibration and misalignment;
(21) “Skip” on up or down run when mounting the step (indicating worn gears); and
(22) Emergency exit ladders.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2) Open sides of emergency landings shall be protected by guardrails.
(3) Floor landing entrances and exits shall be guarded by mazes, self-closing gates, or equivalent devices.
(4) Landings shall be of sufficient size and strength to support 250 pounds (1,112 N).
(k)
(l)
(m)
(2) Sides of the bottom pulley support shall be guarded to prevent contact with the pulley or the steps.
(n)
(o)
(1) Self-engaging;
(2) Electrically released; and
(3) Capable of stopping and holding the manlift when the descending side is loaded with the maximum rated load.
(a)
(1) Ladders forming an integral part of railway cars, highway carriers, cargo containers or other transportation carrier equipment;
(2) Climbing devices such as step bolts or structural members of tanks and towers;
(3) Ladders built into or vertically attached to tubular scaffold framing; and
(4) Ladders used only for fire-fighting or emergency purposes.
(b)
(2)
(3)
(4)
(c)
(2) Ladder repairs shall provide strength at least equivalent to that of the original ladder.
(d)
(ii) Ladders installed after October 3, 1983 shall be capable of withstanding 250 pounds (1,112 N) applied as described in paragraph (d)(1)(i) of this section. If used by more than one employee simultaneously, the ladder as a unit shall be capable of simultaneous additional loading in 250 pound (1,112 N) increments for each additional employee, applied to a corresponding number of rungs. The unit shall have a safety factor of four (4), based on ultimate strength, in the designed service.
(2)(i) Ladders installed before October 3, 1983, shall have rungs evenly spaced from nine to 16
(ii) Ladders installed after October 3, 1983 shall have rungs evenly spaced from 12±2 inches (30.5±5.08 cm) apart, center to center.
(3)(i) Ladders installed before October 3, 1983 shall have a width between side rails of at least 10 inches (25.4 cm).
(ii) Ladders installed after October 3, 1983 shall have a width between side rails of at least 12 inches (30.48 cm).
(4) The minimum distance between the rung center line and the nearest permanent object behind the rung shall be 4 inches (10.16 cm), except that in ladders installed after October 3, 1983, the minimum distance shall be 7 inches (17.78 cm) unless physical limitations make a lesser distance, not less than 4
(5) When a ladder passes through an opening or past overhead obstructions, a minimum 24 inch (.61 m) clearance shall exist between the climbing side and any obstruction. Where this distance is less than 30 inches (0.76 m), a deflection device shall be installed for guidance through the opening.
(6) The side rails of ladders shall extend at least 36 inches (0.91 m) above the top landing surface, unless grab bars or equivalent holds are provided.
(7) Ladders whose pitch exceeds 90° to the horizontal (slanting backward on the climbing side) shall not be used.
(e)
(2) When a well or cage is used, ladders with length of climb exceeding 30 feet (9.14 m) shall comply with the following provisions:
(i) The ladder shall consist of multiple sections not exceeding 30 feet (9.14 m) each;
(ii) Each section shall be horizontally offset from adjacent sections, except as specified in paragraph (e)(2)(iv) of this section, and
(iii) A landing platform capable of supporting a load of 100 pounds per square foot (4.79 kPa) and fitted with guardrails complying with Sec. 1917.112(c) shall be provided at least every 30 feet (9.14 m), except as specified in paragraph (e)(2)(iv) of this section.
(iv) For ladders installed after October 3, 1983, offset sections and landing platforms are not required if hinged platforms capable of supporting 100 pounds per square foot (4.79 kPa), and which are kept closed except when opened for passage, are within the cage or well at intervals not exceeding 30 feet (9.14 m).
(3) Ladders equipped with ladder safety devices shall have rest platforms;
(i) Capable of supporting a load of 100 pounds per square foot (4.79 kPa);
(ii) Located at intervals of 150 feet (45.7 m) or less; and
(iii) Protected by guardrails complying with § 1917.112(c) of three sides.
(4) Where used, ladder safety devices shall:
(i) Be installed and maintained in accordance with the manufacturer's instructions, which shall be available for inspection;
(ii) Be repaired only with replacement parts having performance capability at least equal to that of the original parts;
(iii) Have a connection length between carrier centerlines and safety belts of 10±2 inches (25.4±5.08 cm); and
(iv) Be installed in a manner that does not reduce the ladder's structural capability.
(5) Ladder cages or wells shall:
(i) Be of rigid construction that allows unobstructed use but prevents an employee from falling through or dislodging the cage or well by falling against it;
(ii) Have smooth inner surfaces;
(iii) Extend at least 36 inches (0.91m) above landings; and
(iv) Extend to within 8 feet (2.44 m) above the ground or base, except that a maximum of 20 feet (6.1 m) is permitted where the cage or well would extend into traffic lanes.
(6) Ladders installed after (effective date of standard) on radio, microwave communications, electrical power and similar towers, poles and structures, including stacks and chimneys, shall meet the requirements of this paragraph (e).
(f)
(1) Be capable of supporting a load of 350 pounds (1557 N) without deformation;
(2) Form a continuous ladder, uniformly spaced vertically from 12 inches to 16 inches (30.5 to 40.6 cm) apart, with a minimum width of 10 inches (25.4 cm)
(3) Be so constructed that an employee's foot cannot slide off the ends; and
(4) Be firmly attached and without sharp edges.
(a)
(b)
(2) Rungs shall be evenly spaced from 9 to 16
(3) Rungs shall be continuous members between rails. Each rung of a double-rung ladder (two side rails and a center rail) shall extend the full width of the ladder.
(4) Width between side rails at the base of the ladder shall be at least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in overall length, and shall increase at least
(c)
(d)
(1) Have a minimum and uniform distance between rungs of 12 inches (30.48 cm), center to center;
(2) Are capable of supporting a 250-pound (1,112 N) load without deformation; and
(3) Have a minimum width between side rails of 12 inches (30.48 cm) for ladders 10 feet (3.05 m) in height. Width between rails shall increase at least
(e)
(i) Broken, split or missing rungs, cleats or steps;
(ii) Broken or split side rails;
(iii) Missing or loose bolts, rivets or fastenings;
(iv) Defective ropes; or
(v) Any other structural defect.
(2) Ladders shall be inspected for defects prior to each day's use, and after any occurrence, such as a fall, which could damage the ladder.
(f)
(2) Ladders shall not be used:
(i) As guys, braces or skids; or
(ii) As platforms, runways or scaffolds.
(3) Metal and wire-reinforced ladders with wooden side rails shall not be used when employees on the ladder might come into contact with energized electrical conductors.
(4) Individual sections from different multi-sectional ladders or two or more single straight ladders shall not be tied or fastened together to achieve additional length.
(5) Except for combination ladders, self-supporting ladders shall not be used as single straight ladders.
(6) Unless intended for cantilever operation, non-self-supporting ladders shall not be used to climb above the top support point.
(7) Ladders shall extend at least 36 inches (0.91 m) above the upper support level if employees are to leave or mount the ladder at that level, except that where such extension is impractical other equivalent means such as grab bars may be used to provide a hand grip.
(8) Ladders shall be securely positioned on a level and firm base.
(9) Ladders shall be fitted with slip-resistant bases and secured at top or bottom to prevent the ladder from slipping.
(10) The employer shall direct that ladders shall be placed so that employees climbing are not exposed to injury from projecting objects or doors that open toward the ladder.
(a)
(b)
(2) Stair landings shall be at least 20 inches (50.8 cm) in depth. Where doors or gates open on a stairway, a landing platform shall be provided. Door swing shall not reduce effective standing area on the landing to less than 18 inches (45.72 cm) in depth.
(3) Fixed stairs having four or more risers shall have stair railings or handrails complying with § 1917.112(c)(1).
(4) Railing height from tread surface at the riser face shall be 33±3 inches (83.82 cm ±7.62 cm).
(5) Restricted areas. When physical features require stairs steeper than those provided for by paragraph (b)(1) of this section, stairs at angles of 50° to 75° from the horizontal may be used if they:
(i) Are capable of a single concentrated load of 200 pounds (890 N) at the tread centers;
(ii) Have open treads at least 4 inches (10.16 cm) in depth and 18 inches (45.72 cm) in width with a uniformly spaced vertical rise between treads of 6 to 9.5 inches (15.24 to 24.13 cm); and
(iii) Have handrails that meet the requirements of § 1917.112(c)(1) on both sides and that are not less than 30 inches (76.2 cm) in height from the tread surface at the riser face.
(6) Maintenance. Fixed stairways shall be maintained in safe condition and shall not be obstructed.
(a)
(b)
(1) Stairways shall conform to the minimum dimensions of Figure F-1;
(2) Stairway risers shall be uniform and shall range from 6
(3) Minimum loading capability shall be 100 pounds per square foot (4.79kN), and minimum tread center concentrated loading shall be 300 pounds (1334 N);
(4) Railings shall conform to the requirements of § 1917.112(c)(1). If balusters are used, there shall be a minimum of one per tread. Handrails shall be a minimum of 1
(5) Vertical clearance shall be at least 6 feet, 6 inches (1.98 m) above the top step.
(c)
(a) Employee exits shall be clearly marked.
(b) If an employee exit is not visible from employees' work stations, directional signs indicating routes to the exit shall be posted.
(c) Exits shall be readily accessible and sufficient in number to provide employees with a convenient means of escape in emergencies. A clear passage to the exit shall be maintained.
(d) The minimum width of any employee exit shall be 28 inches (71.12 cm).
(a) Working and walking areas shall be illuminated. Unless conditions described in the regulations of the United States Coast Guard (33 CFR 126.15(1) and (n), and 33 CFR 154.570) exist in the case of specific operations, illumination in active work areas (for example, cargo transfer points) shall be of an average minimum light intensity of 5 foot-candles. The illumination in other work areas (for example, farm areas) shall be of an average minimum light intensity of 1 foot-candle except for security purposes when a minimum light intensity of
(b) The lighting intensity shall be measured at the task/working surface, in the plane in which the task/working surface is present.
(c) Lights shall, so far as possible, be placed so that they will not shine in the eyes of employees.
(a)
(b) [Reserved]
(c)
(2) Portable dockboards shall be anchored in position or be equipped with devices to prevent their movement.
(3) Hand holds or other effective means shall be provided on portable dockboards to permit safe handling.
(4) Positive means shall be used to prevent railcars or highway vehicles from being moved while dockboards or bridge plates are in position.
(5) Be designed, constructed, and maintained to prevent vehicles from running off the edge.
(6) Dockboards shall be well maintained.
(d)
(2) Ramps shall be equipped with a guardrail meeting the requirement of § 1917.112(c)(1) if the slope is more than
(3) Ramps shall have slip-resistant surfaces.
(4) When necessary to prevent displacement by vehicle wheels, steel plates or similar devices used to temporarily bridge or cover uneven surfaces or tracks, shall be anchored.
(5) Ramps shall be well maintained.
Ditches, pits, excavations and surfaces in poor repair shall be guarded by readily visible barricades, rails or other equally effective means.
(a) This section applies to temporary installations or temporary operations near a river bank.
(b) Where working surfaces at river banks slope so steeply that an employee could slip or fall into the water, the outer perimeter of the working surface shall be protected by posting or other portable protection such as roping off. In these situations, employees must wear a personal flotation device meeting the requirements of § 1917.95(b).
(a)
(i) Running water, including hot and cold or tepid water at a minimum of one accessible location (when cargo handling is conducted at locations without permanent facilities, potable water may be provided in lieu of running water);
(ii) Soap;
(iii) Individual hand towels, clean individual sections of continuous toweling or warm air blowers; and
(iv) Fixed or portable toilets in separate compartments with latch-equipped doors. Separate toilet facilities shall be provided for male and female employees except when toilet rooms will be occupied by only one person at a time.
(2) Washing and toilet facilities shall be regularly cleaned and maintained in good order.
(b)
(2) Potable drinking water containers shall be clean, containing only water and ice, and shall be fitted with covers.
(3) Common drinking cups are prohibited.
(c)
(d)
(a)
(1) Key words are such words as Danger, Warning, Caution.
(2) Legends are more specific explanations such as High Voltage, Close Clearance, Pedestrian Crossing.
(b)
(1) Locations of first aid facilities;
(2) Locations of telephones;
(3) Telephone numbers of the closest ambulance service, hospital or other source of medical attention, police, fire department, and emergency squad (if any); and
(4) Locations of firefighting and emergency equipment and fire exits.
(a)
(b)
(2) Where chips and dust produced by machine operation may result in a hazard to the operator, the machinery shall be equipped with an effective exhaust system at the point of origin, or other equally effective means shall be provided to protect the operator.
(3) Fixed machinery shall be secured to prevent shifting.
(4) A power cut-off device for machinery and equipment shall be provided at the operator's working position.
(5) Machines driven by belts and shafting shall be fitted with a belt-locking or equivalent protective device if the belt can be shifted.
(6) In operations where injury to the operator might result if motors were to restart after power failures, provisions shall be made to prevent machines from automatically restarting upon restoration of power.
(7) The power supply to machines shall be turned off, locked out, and tagged out during repair, adjustment, or servicing.
(8) Machines shall be maintained in a safe working condition.
(9) Only designated employees shall maintain or repair machinery and equipment.
(10) Machines with defects that affect the safety of operation shall not be used.
(c)
(1) They shall be equipped with hoods completely enclosing those portions of the saw above the table and the material being cut;
(2) They shall have spreaders to prevent material from squeezing the saw. Spreaders shall be in true alignment with the saw. Spreaders may be removed only during grooving, dadoing, or rabbeting operations, and shall be replaced at the completion of such operations; and
(3) They shall have non-kickback fingers or dogs to oppose the tendency of the saw to pick up material or throw material toward the operator.
(d)
(2) Swing cutoff saws shall have a device to return the saw automatically to the back of the table without rebound. The device shall not be dependent upon rope, cord or springs.
(3) Devices shall be provided to prevent saws from swinging beyond the front or back edges of the table.
(4) Inverted swing cutoff saws shall have hoods covering the part of the saw protruding above the table top or the material being cut. Hoods shall automatically adjust to the thickness of, and remain in contact with, material being cut.
(e)
(1) The upper hood of radial saws shall enclose the upper portion of the blade up to and including the end of the saw arbor and shall protect the operator from being struck by debris. The sides of the lower exposed portion of the blade shall be guarded to the blade diameter by a device automatically adjusting to the thickness of the stock and remaining in contact with the stock. The lower guard may be removed only when the saw is used for bevel cuts;
(2) Radial saws used for ripping shall have non-kickback fingers or dogs on both sides to oppose the thrust or tendency of the saw to pick up material or throw material toward the operator;
(3) Adjustable stop shall be provided to prevent travel of radial saw blades beyond the table's edge;
(4) Radial saws shall be installed so that the cutting head returns to the starting position without rebound when released; and
(5) The employer shall direct that employees perform ripping and ploughing against the saw turning direction. Rotation direction and an indication of the end of the saw to be used shall be conspicuously marked on the hood.
(f)
(2) Band saws shall be equipped with brakes to stop the band saw wheel if the blade breaks.
(3) Band saws shall be equipped with a tension control device to keep the blade taut.
(g)
(2) When the work provides equivalent protection, or when the machine is designed as a portable saw, guards may be constructed with the spindle end, nut and outer flange exposed. When the work entirely covers the side of the wheel, the side covers of the guard may be removed.
(3) Guarding is not required:
(i) For wheels used for internal work while the wheel is contained within the work being ground; or
(ii) For mounted wheels 2 inches (5 cm) and smaller in diameter used in portable operations.
(4) Work rests shall be used on fixed grinding machines. Work rests shall be rigidly constructed and adjustable for wheel wear. They shall be adjusted closely to the wheel with a maximum opening of
(5) Grinding wheels shall fit freely on the spindle. The spindle nut shall be tightened only enough to hold the wheel in place.
(6) Grinding machine wheels shall turn at a speed that is compatible with the rated speed of the wheel.
(7) Flanges and blotters shall be used only with wheels designed for their use. Flanges shall be of a type ensuring retention of pieces of the wheel in case of breakage.
(8) Abrasive wheels with operational defects shall not be used.
(h)
(2) Belt, rope and chain drives shall be guarded to prevent employees from coming into contact with moving parts.
(3) Gears, sprockets and chains shall be guarded to prevent employees from coming into contact with moving parts. This requirement does not apply to manually operated sprockets.
(a)
(b)
(c)
(2) When hot work must be performed in a location that is not free of fire hazards, all necessary precautions shall be taken to confine heat, sparks, and slag so that they cannot contact flammable or combustible material.
(3) Fire extinguishing equipment suitable for the location shall be immediately available and shall be maintained in readiness for use at all times.
(4) When the hot work operation is such that normal fire prevention precautions are not sufficient, additional personnel shall be assigned to guard against fire during hot work and for a sufficient time after completion of the work to ensure that no fire hazard remains. The employer shall instruct all employees involved in hot work operations as to potential fire hazards and the use of firefighting equipment.
(5) Drums and containers which contain or have contained flammable or combustible liquids shall be kept closed. Empty containers shall be removed from the hot work area.
(6) When openings or cracks in flooring cannot be closed, precautions shall be taken to ensure that no employees or flammable or combustible materials on the floor below are exposed to sparks dropping through the floor. Similar precautions shall be taken regarding cracks or holes in walls, open doorways and open or broken windows.
(7) Hot work shall not be performed:
(i) In flammable or potentially flammable atmospheres:
(ii) On or in equipment or tanks that have contained flammable gas or liquid or combustible liquid or dust-producing material, until a designated person has tested the atmosphere inside the equipment or tanks and determined that it is not hazardous; or
(iii) Near any area in which exposed readily ignitable materials such as bulk sulphur, baled paper or cotton are stored. Bulk sulphur is excluded from this prohibition if suitable precautions are followed, the person in charge is knowledgeable and the person performing the work has been instructed in preventing and extinguishing sulphur fires.
(8)(i) Drums, containers or hollow structures that have contained flammable or combustible substances shall either be filled with water or cleaned, and shall then be ventilated. A designated person shall test the atmosphere and determine that it is not hazardous before hot work is performed on or in such structures.
(ii) Before heat is applied to a drum, container or hollow structure, an opening to release built-up pressure during heat application shall be provided.
(d)
(i) Shall have valve protection caps in place except when in use, hooked up or secured for movement. Oil shall not be used to lubricate caps;
(ii) Shall be hoisted only while secured, as on a cradle or pallet, and shall not be hoisted by magnet, choker sling or cylinder caps;
(iii) Shall be moved only by tilting or rolling on their bottom edges;
(iv) Shall be secured when moved by vehicle;
(v) Shall be secured while in use;
(vi) Shall have valves closed when cylinders are empty, being moved or stored;
(vii) Shall be secured upright except when hoisted or carried;
(viii) Shall not be freed when frozen by prying the valves or caps with bars or by hitting the valve with a tool;
(ix) Shall not be thawed by boiling water;
(x) Shall not be exposed to sparks, hot slag, or flame;
(xi) Shall not be permitted to become part of electrical circuits or have electrodes struck against them to strike arcs;
(xii) Shall not be used as rollers or supports;
(xiii) Shall not have contents used for purposes not authorized by the supplier;
(xiv) Shall not be used if damaged or defective;
(xv) Shall not have gases mixed within, except by gas suppliers;
(xvi) Shall be stored so that oxygen cylinders are separated from fuel gas cylinders and combustible materials by either a minimum distance of 20 feet (6.1 m) or a barrier having a fire-resistance rating of 30 minutes; and
(xvii) Shall not have objects that might either damage the safety device or obstruct the valve placed on top of the cylinder when in use.
(2)
(i) Before regulators are connected to cylinder valves, the valves shall be opened slightly (cracked) and closed immediately to clear away dust or dirt. Valves shall not be cracked if gas could reach possible sources of ignition;
(ii) Cylinder valves shall be opened slowly to prevent regulator damage and shall not be opened more than 1
(iii) Pressure-reducing regulators shall be attached to cylinder valves when cylinders are supplying torches or devices equipped with shut-off valves;
(iv) Cylinder valves shall be closed and gas released from the regulator or manifold before regulators are removed;
(v) Leaking fuel gas cylinder valves shall be closed and the gland nut tightened. If the leak continues, the cylinder shall be tagged, removed from service, and moved to a location where the leak will not be hazardous. If a regulator attached to a valve stops a leak, the cylinder need not be removed from the workplace but shall be tagged and may not be used again before it is repaired; and
(vi) If a plug or safety device leaks, the cylinder shall be tagged, removed from service, and moved to a location where the leak will not be hazardous.
(3)
(ii) When oxygen and fuel gas hoses are taped together, not more than four (4) of each 12 inches (10.16 cm of each 30.48 cm) shall be taped.
(iii) Hose shall be inspected before use. Hose subjected to flashback or showing evidence of severe wear or damage shall be tested to twice the normal working pressure but not less than 200 p.s.i. (1378.96 kPa) before reuse. Defective hose shall not be used.
(iv) Hose couplings shall not unlock or disconnect without rotary motion.
(v) Hose connections shall be clamped or securely fastened to withstand twice the normal working pressure but not less than 300 p.s.i. (2068.44 kPa) without leaking.
(vi) Gas hose storage boxes shall be ventilated.
(4)
(ii) Torches shall be inspected before each use for leaking shut-off valves, hose couplings and tip connections. Torches with such defects shall not be used.
(iii) Torches shall not be lighted from matches, cigarette lighters, other flames or hot work.
(5)
(6)
(e)
(ii) Current-carrying parts passing through those portions of the holder gripped by the user and through the outer surfaces of the jaws of the holder shall be insulated against the maximum voltage to ground.
(2)
(ii) Only cable free from repair or splice for 10 feet (3 m) from the electrode holder shall be used unless insulated connectors or splices with insulating quality equal to that of the cable are provided.
(iii) When a cable other than the lead mentioned in paragraph (e)(2)(ii) of this section wears and exposes bare conductors, the portion exposed shall not be used until it is protected by insulation equivalent in performance capacity to the original.
(iv) Insulated connectors of equivalent capacity shall be used for connecting or splicing cable. Cable lugs, where used as connectors, shall provide electrical contact. Exposed metal parts shall be insulated.
(3)
(ii) Structures or pipelines, other than those containing gases or flammable liquids or conduits containing electrical circuits, may be used in the ground return circuit if their current-carrying capacity equals or exceeds the total maximum output capacities of the welding or cutting units served.
(iii) Structures or pipelines forming a temporary ground return circuit shall have electrical contact at all joints. Arcs, sparks or heat at any point in the circuit shall cause rejection as a ground circuit.
(iv) Structures or pipelines acting continuously as ground return circuits shall have joints bonded and maintained to ensure that no electrolysis or fire hazard exists.
(v) Arc welding and cutting machine frames shall be grounded, either through a third wire in the cable containing the circuit conductor or through a separate wire at the source of the current. Grounding circuits shall have resistance low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current.
(vi) Ground connections shall be mechanically and electrically adequate to carry the current.
(4) When electrode holders are left unattended, electrodes shall be removed and holders placed to prevent employee injury.
(5) Hot electrode holders shall not be dipped in water.
(6) The employer shall ensure that when arc welders or cutters leave or stop work or when machines are moved, the power supply switch shall be kept in the off position.
(7) Arc welding or cutting equipment having a functional defect shall not be used.
(8)(i) Arc welding and cutting operations shall be separated from other operations by shields, screens, or curtains to protect employees in the vicinity from the direct rays and sparks of the arc.
(ii) Employees in areas not protected from the arc by screening shall be protected by appropriate filter lenses in accordance with paragraph (h) of this section. When welders are exposed to their own arc or to each other's arc, they shall wear filter lenses complying with the requirements of paragraph (h) of this section.
(9) The control apparatus of arc welding machines shall be enclosed, except for operating wheels, levers, and handles.
(10) Input power terminals, top change devices and live metal parts connected to imput circuits shall be enclosed and accessible only by means of insulated tools.
(11) When arc welding is performed in wet or high-humidity conditions, employees shall use additional protection, such as rubber pads or boots, against electric shock.
(f)
(i) General mechanical ventilation shall maintain vapors, fumes and smoke below a hazardous level.
(ii) Local exhaust ventilation shall consist of movable hoods positioned close to the work and shall be of such capacity and arrangement as to keep breathing zone concentrations below hazardous levels.
(iii) Exhausts from working spaces shall be discharged into the open air, clear of intake air sources;
(iv) Replacement air shall be clean and respirable; and
(v) Oxygen shall not be used for ventilation, cooling or cleaning clothing or work areas.
(2)
(i) General mechanical or local exhaust ventilations shall be provided; or
(ii) Employees in the space shall wear supplied air respirators in accordance with § 1910.134 and a standby on the outside shall maintain communication with employees inside the space and shall be equipped and prepared to provide emergency aid.
(3)
(A) Lead base metals;
(B) Cadmium-bearing filler materials; and
(C) Chromium-bearing metals or metals coated with chromium-bearing materials.
(ii) In confined or enclosed spaces, hot work involving the following metals shall only be performed with local exhaust ventilation meeting the requirements of paragraph (f)(1) of this section or by employees wearing supplied air respirators in accordance with § 1910.134;
(A) Zinc-bearing base or filler metals or metals coated with zinc-bearing materials;
(B) Metals containing lead other than as an impurity, or coated with lead-bearing materials;
(C) Cadmium-bearing or cadmium-coated base metals; and
(D) Metals coated with mercury-bearing materials.
(iii) Employees performing hot work in confined or enclosed spaces involving beryllium-containing base or filler metals shall be protected by local exhaust ventilation and wear supplied air respirators or self-contained breathing apparatus, in accordance with the requirements of § 1910.134.
(iv) The employer shall ensure that employees performing hot work in the open air that involves any of the metals listed in paragraphs (f)(3)(i) and (f)(3)(ii) of this section shall be protected by respirators in accordance with the requirements of § 1910.134, and those working on beryllium-containing base or filler metals shall be protected by supplied air respirators, in accordance with the requirements of § 1910.134.
(v) Any employee exposed to the same atmosphere as the welder or burner shall be protected by the same type of respiratory and other protective equipment as that worn by the welder or burner.
(4)
(i) Chlorinated solvents shall not be used within 200 feet (61 m) of the exposed arc. Surfaces prepared with chlorinated solvents shall be thoroughly dry before welding is performed on them.
(ii) Employees in areas not protected from the arc by screening shall be protected by appropriate filter lenses in accordance with the requirements of paragraph (h) of this section. When welders are exposed to their own arc or to each other's arc, filter lenses complying with the requirements of paragraph (h) of this section shall be worn to protect against flashes and radiant energy.
(iii) Employees exposed to radiation shall have their skin covered completely to prevent ultraviolet burns and damage. Helmets and hand shields shall not have leaks, openings or highly reflective surfaces.
(iv) Inert-gas metal-arc welding on stainless steel shall not be performed unless exposed employees are protected either by local exhaust ventilation or by wearing supplied air respirators.
(g)
(2) Appropriate precaution shall be taken to prevent ignition of highly flammable hardened preservative coatings. Highly flammable coatings shall be stripped from the area to be heated. An uncoiled fire hose with fog nozzle, under pressure, shall be immediately available in the hot work area.
(3) Surfaces covered with preservative coatings shall be stripped for at least 4 inches (10.16 cm) from the area of heat application or employees shall be protected by supplied air respirators in accordance with the requirements of § 1910.134 of this chapter.
(h)
(2) Filter lenses shall have an appropriate shade number, as indicated in Table G-1, for the work performed. Variations of one or two shade numbers are permissible to suit individual preferences.
(3) If filter lenses are used in goggles worn under the helmet, the shade numbers of both lenses equals the value shown in Table G-1 for the operation.
(a)
(b)
(2)
(3)
(c)
(2) Pumps used to transfer paint supplies shall have automatic pressure-relieving devices.
(3) Hoses and couplings shall be inspected before use. Hoses showing deterioration, leakage or weakness in the carcass or at the couplings shall be removed from service.
(4)(i) No open flame or spark-producing equipment shall be within 20 feet (6.1 m) of a spraying area unless it is separated from the spraying area by a fire-retardant partition.
(ii) Hot surfaces shall not be located in spraying areas.
(iii) Whenever combustible residues may accumulate on electrical installations, wiring shall be in rigid conduit or in boxes containing no taps, splices or connections.
(iv) Portable electric lights shall not be used during spraying operations. Lights used during cleaning or repairing operations shall be approved for the location in which they are used.
(5) When flammable or combustible liquids are being transferred between containers, both containers shall be bonded and grounded.
(6)(i) Spraying shall be performed only in designated spray booths or spraying areas.
(ii) Spraying areas shall be kept as free from combustible residue accumulations as practicable.
(iii) Residue scrapings, debris, rags, and waste shall be removed from the spraying area as they accumulate.
(7) Spraying with organic peroxides and other dual-component coatings shall only be conducted in sprinkler-equipped spray booths.
(8) Only the quantity of flammable or combustible liquids required for the operation shall be allowed in the spraying area, and in no case shall the amount exceed a one-day supply.
(9) Smoking shall be prohibited and “No Smoking” signs shall be posted in spraying and paint storage areas.
(d)
(2) Any discarded filter shall be removed from the work area or placed in water.
(3) Filters shall not be used when the material being sprayed is highly susceptible to spontaneous heating and ignition.
(4) Filters shall be noncombustible or of an approved type. The same filter shall not be used when spraying with different coating materials if the combination of materials may spontaneously ignite.
(5) Spraying areas shall be mechanically ventilated for removal of flammable and combustible vapor and mist.
(6) Mechanical ventilation shall be in operation during spraying operations and long enough thereafter to exhaust hazardous vapor concentrations.
(7) Rotating fan elements shall be nonsparking or the casing shall consist of or be lined with nonsparking material.
(8) Piping systems conveying flammable or combustible liquids to the spraying booth or area shall be made of metal and be both bonded and grounded.
(9) Air exhausted from spray operations shall not contaminate makeup air or other ventilation intakes. Exhausted air shall not be recirculated unless it is first cleaned of any hazardous contaminants.
(10) Original closed containers, approved portable tanks, approved safety cans or a piping system shall be used to bring flammable or combustible liquids into spraying areas.
(11) If flammable or combustible liquids are supplied to spray nozzles by positive displacement pumps, the pump discharge line shall have a relief valve discharging either to a pump section or detached location, or the line shall be equipped with a device to stop the prime mover when discharge pressure exceeds the system's safe operating pressure.
(12) Wiring, motors and equipment in a spray booth shall be of approved explosion-proof type for Class I, Group D locations and conform to subpart S of Part 1910 of this chapter for Class I, Division 1, Hazardous Locations. Wiring, motors and equipment within 20 feet (6.1m) of any interior spraying area and not separated by vapor-tight partitions shall not produce sparks during operation and shall conform to the requirements of subpart S of Part 1910 of this chapter for Class I, Division 2, Hazardous Locations.
(13) Outside electrical lights within 10 feet (3.05m) of spraying areas and not separated from the areas by partitions shall be enclosed and protected from damage.
(e)
(2) Spray booths shall be separated from other operations by at least 3 feet
(3) A space of at least 3 feet (0.91m) on all sides of the spray booth shall be maintained free of storage or combustible materials.
(4) Metal parts of spray booths, exhaust ducts, piping and airless high-pressure spray guns and conductive objects being sprayed shall be grounded.
(5) Electric motors driving exhaust fans shall not be located inside booths or ducts.
(6) Belts shall not enter ducts or booths unless the belts are completely enclosed.
(7) Exhaust ducts shall be made of steel, shall have sufficient access doors to permit cleaning, and shall have a minimum clearance of 18 inches (0.46m) from combustible materials. Any installed dampers shall be fully opened when the ventilating system is operating.
(8) Spray booths shall not be alternately used to spray different types of coating materials if the combination of the materials may spontaneously ignite unless deposits of the first material are removed from the booth and from exhaust ducts before spraying of the second material begins.
Employees shall be protected by chip guarding and personal protective equipment complying with the provisions of subpart E of this part during cleaning with compressed air. Compressed air used for cleaning shall not exceed a pressure of 30 psi. Compressed air shall not be used to clean employees.
(a)
(b)
(2) No other valves shall be placed between air receivers and their safety valves.
(a)
(2) In case of spillage, filler caps shall be replaced and spillage disposed of before engines are started.
(3) Engines shall be stopped and operators shall not be on the equipment during refueling operations.
(4) Smoking and open flames shall be prohibited in areas used for fueling, fuel storage or enclosed storage of equipment containing fuel.
(5) Equipment shall be refueled only at designated locations.
(6) Liquid fuels not handled by pump shall be handled and transported only in portable containers or equivalent means designed for that purpose. Portable containers shall be metal, have tight closures with screw or spring covers and shall be equipped with spouts or other means to allow pouring without spilling. Leaking containers shall not be used.
(7) Flammable liquids may be dispensed in the open from a tank or from other vehicles equipped for delivering fuel to another vehicle only if:
(i) Dispensing hoses do not exceed 50 feet (15.24 m) in length; and
(ii) Any powered dispensing nozzles used are of the automatic-closing type.
(8) Liquid fuel dispensing devices shall be provided with an easily accessible and clearly identified shut-off device, such as a switch or circuit breaker, to shut off the power in an emergency.
(9) Liquid fuel dispensing devices, such as pumps, shall be mounted either on a concrete island or be otherwise protected against collision damage.
(b)
(ii) Equipment with permanently mounted fuel containers shall be charged outdoors.
(iii) Equipment shall not be fueled or stored near underground entrances, elevator shafts or other places where gas or fumes might accumulate.
(2)
(A) Automatic quick-closing couplings (closing in both directions when uncoupled) in fuel lines; or
(B) Closing fuel container valves and allowing engines to run until residual fuel is exhausted.
(ii) Pressure-relief valve openings shall be in continuous contact with the vapor space (top) of the cylinder.
(iii) Fuel containers shall be secured to prevent their being jarred loose, slipping or rotating.
(iv) Containers shall be located to prevent damage to the container. If located within a compartment, that compartment shall be vented. Containers near the engine or exhaust system shall be shielded against direct heat radiation.
(v) Container installation shall provide the container with at least the vehicle's road clearance under maximum spring deflection, which shall be to the bottom of the container or to the lowest fitting on the container or housing, whichever is lower.
(vi) Valves and connections shall be protected from contact damage. Permanent protection shall be provided for fittings on removable containers.
(vii) Defective containers shall be removed from service.
(3)
(ii) Using matches or flames to check for leaks is prohibited.
(iii) Containers shall be examined before recharging and again before reuse for the following:
(A) Dents, scrapes and gouges of pressure vessels;
(B) Damage to valves and liquid level gauges;
(C) Debris in relief valves;
(D) Leakage at valves or connections; and
(E) Deterioration or loss of flexible seals in filling or servicing connections.
(4)
(ii) Containers shall not be stored near exits, stairways or areas normally used or intended for egress.
(iii) Outlet valves of containers in storage or transport shall be closed. Relief valves shall connect with vapor spaces.
(5)
(ii) Liquefied gas fueled vehicles under repair shall have container shut-off valves closed unless engine operation is necessary for repairs.
(iii) Liquefied gas fueled vehicles shall not be parked near open flames, sources of ignition or unventilated open pits.
(a) Only designated persons shall change or charge batteries.
(b) Battery charging and changing shall be performed only in areas designated by the employer.
(c) Smoking and other ignition sources are prohibited in charging areas.
(d) Filler caps shall be in place when batteries are being moved.
(e) Parking brakes shall be applied before batteries are charged or changed.
(f) When a jumper battery is connected to a battery in a vehicle, the ground lead shall connect to ground away from the vehicle's battery. Ignition, lights and accessories on the vehicle shall be turned off before connections are made.
(g) Batteries shall be free of corrosion buildup and cap vent holes shall be open.
(h) Adequate ventilation shall be provided during charging.
(i) Facilities for flushing the eyes, body and work area with water shall be provided wherever electrolyte is handled, except that this requirement does
(j) Carboy tilters or siphons shall be used to handle electrolyte in large containers.
(k) Battery handling equipment which could contact battery terminals or cell connectors shall be insulated or otherwise protected.
(l) Metallic objects shall not be placed on uncovered batteries.
(m) When batteries are being charged, the vent caps shall be in place.
(n) Chargers shall be turned off when leads are being connected or disconnected.
(o) Installed batteries shall be secured to avoid physical or electrical contact with compartment walls or components.
(a) Spray painting and abrasive blasting operations shall not be conducted in the vicinity of cargo handling operations.
(b) Welding and burning operations shall not be conducted in the vicinity of cargo handling operations unless such hot work is part of the cargo operation.
Sections 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); section 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Secretary of Labor's Order Nos. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48 FR 35736); 6-96 (62 FR 111) or 5-2002 (67 FR 65008), as applicable; and 29 CFR part 1911.
Section 1918.90 also issued under 5 U.S.C. 553
Section 1918.100 also issued under Sec. 29, Hazardous Materials Transportation Uniform Safety Act of 1990 (49 U.S.C. 1801-1819 and 5 U.S.C. 553).
(a) The regulations of this part apply to longshoring operations and related employments aboard vessels. All cargo transfer accomplished with the use of shore-based material handling devices is covered by part 1917 of this chapter.
(b) Part 1910 of this chapter does not apply to longshoring except for the following provisions:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Exposures to nonionizing radiation emissions from commercial vessel radar transmitters are considered hazardous under the following situations: (a) Where the radar is transmitting, the scanner is stationary, and the exposure distance is 19 feet (5.79 m) or less; or (b) where the radar is transmitting, the scanner is rotating, and the exposure distance is 5 feet (1.52 m.) or less.
(8)
(9)
(i) When a substance or cargo is contained within a sealed, intact means of packaging or containment complying with Department of Transportation or International Maritime Organization requirements;
(ii) Bloodborne pathogens, § 1910.1030;
(iii) Carbon monoxide, § 1910.1000 (See § 1918.94(a)); and
(iv) Hydrogen sulfide, § 1910.1000 (See § 1918.94(f)); and
(v) Hexavalent chromium § 1910.1026 (See § 1915.1026)
(10) Powered industrial truck operator training, Subpart N, § 1910.178(l).
The Compliance dates of December 1, 1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, 2000 for Longshoring.
(c) Section 1915.1026 applies to any occupational exposures to hexavalent chromium in workplaces covered by this part.
(1) Whenever employees are working within three feet (.91 m) of the unprotected edge of a work surface that is 8 feet or more (2.44 m) above the adjoining surface and twelve inches (.3 m) or more, horizontally, from the adjacent surface; or
(2) Whenever weather conditions may impair the vision or sound footing of employees working on top of containers.
(1) Any substance listed in 29 CFR part 1910, subpart Z;
(2) Any material in the Hazardous Materials Table and Hazardous Materials Communications Regulations of the Department of Transportation, 49 CFR part 172;
(3) Any article not properly described by a name in the Hazardous Materials Table and Hazardous Materials Communication Regulations of the Department of Transportation, 49 CFR part 172, but which is properly classified under the definitions of those categories of dangerous articles given in 49 CFR part 173; or
(4) Any atmosphere with an oxygen content of less than 19.5 percent or greater than 23 percent.
(a) (1) The standards of agencies of the U.S. Government, and organizations which are not agencies of the U.S. Government which are incorporated by reference in this part, have the same force and effect as other standards in this part. Only the mandatory provisions (i.e. provisions containing the word “shall” or other mandatory language) of standards incorporated by reference are adopted as standards under the Occupational Safety and Health Act.
(2) Any changes in the standards incorporated by reference in this part and an official historic file of such changes are available for inspection at the national office of the Occupational Safety and Health Administration, U.S. Department of Labor, Washington, DC 20210.
(3) The materials listed in paragraph (b) 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
(4) Copies of the following standards that are issued by the respective private standards organizations may be
(b) The following material is available for purchase from the American National Standards Institute (ANSI), 11 West 42nd St., New York, NY 10036:
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; IBR approved for § 1918.24(g)(1).
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders; IBR approved for § 1918.24(g)(2).
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic Ladders; IBR approved for § 1918.24(g)(3).
(4) ANSI Z-87.1-1989, Practice for Occupational and Educational Eye and Face Protection; IBR approved for § 1918.101(a)(1).
(5) ANSI Z-89.1-1986, Personnel Protection-Protective Headwear for Industrial Workers-Requirements; IBR approved for § 1918.103(b).
(6) ANSI Z-41-1991, American National Standard for Personal Protection-Protective Footwear; IBR approved for § 1918.104(b).
The following list identifies the 29 CFR citations for sections or paragraphs in this part that contain a collection of information requirement approved by the Office of Management and Budget (OMB). The list also provides the control number assigned by OMB to each approved requirement; control number 1218-0196 expires on May 31, 2002 and control number 1218-0003 expires on July 31, 2001. The list follows:
(a) The employer shall not use the vessel's cargo handling gear until it has been ascertained that the vessel has a current and valid cargo gear register and certificates that in form and content are in accordance with the recommendations of the International Labor Office, as set forth in appendix I of this part, and as provided by International Labor Organization Convention No. 152, and that shows that the cargo gear has been tested, examined
(1) Annual thorough examinations under ILO 152 are required after July 27, 1998.
(2) Testing under ILO 152 is required after July 16, 2001.
(3) In the interim period(s), prior to the effective dates noted in paragraph (a) (1) and (2), vessels with cargo gear and a cargo gear register according to ILO 32 are deemed to meet the requirements of this paragraph (a).
(b) Public vessels and vessels holding a valid Certificate of Inspection issued by the U.S. Coast Guard pursuant to 46 CFR part 91 are deemed to meet the requirements of paragraph (a) of this section.
(c) With respect to U.S. vessels not holding a valid Certificate of Inspection issued by the U.S. Coast Guard, entries in the registers and the issuance of certificates required by paragraph (a) of this section shall be made only by competent persons currently accredited by the U.S. Department of Labor (OSHA) for full function vessels or loose gear and wire rope testing, as appropriate, as provided in part 1919 of this chapter.
(d) With respect to vessels under foreign registries, persons or organizations competent to make entries in the registers and issue the certificates required by paragraph (a) of this section shall be:
(1) Those acceptable as such to any foreign nation;
(2) Those acceptable to the Commandant of the U.S. Coast Guard; or
(3) Those currently accredited by the U.S. Department of Labor (OSHA), for full function vessels or loose gear and wire rope testing, as appropriate and as provided in part 1919 of this chapter.
The employer shall not permit employees to board or leave any vessel, except a barge or river towboat, until all of the applicable requirements of this subpart have been met.
(a) If possible, the vessel's means of access shall be located so that suspended loads do not pass over it. In any event, suspended loads shall not be passed over the means of access while employees or others are on it.
(b) When the upper end of the means of access rests on or is flush with the top of the bulwark, substantial steps, properly secured, trimmed and equipped with at least one substantial handrail, 33 inches (.84 m) in height, shall be provided between the top of the bulwark and the deck.
(c) The means of access shall be illuminated for its full length in accordance with § 1918.92.
(a) Whenever practicable, a gangway of not less than 20 inches (.51 m) in width, of adequate strength, maintained in safe repair and safely secured shall be used. If a gangway is not practicable, a straight ladder meeting the requirements of § 1918.24 that extends at least 36 inches (.91 m) above the upper landing surface and is secured against shifting or slipping shall be provided. When conditions are such that neither a gangway nor straight ladder can be used, a Jacob's ladder meeting the requirements of § 1918.23 may be used.
(b) Each side of the gangway, and the turntable, if used, shall have a hand rail with a minimum height of 33 inches (.84 m) measured perpendicularly from rail to walking surfaces at the stanchion, with a midrail. Rails shall be of wood, pipe, chain, wire, rope or materials of equivalent strength and shall be kept taut always. Portable stanchions supporting railings shall be supported or secured to prevent accidental dislodgement.
(c) The gangway shall be kept properly trimmed.
(d) When a fixed flat tread accommodation ladder is used, and the angle is low enough to require employees to walk on the edge of the treads, cleated
(e) When the gangway overhangs the water so that there is danger of employees falling between the ship and the dock, a net or suitable protection shall be provided to prevent employees from receiving serious injury from falls to a lower level.
(f) If the foot of a gangway is more than one foot (.30 m) away from the edge of the apron, the space between them shall be bridged by a firm walkway equipped with a hand rail with a minimum height of approximately 33 inches (.84 m) with midrails on both sides.
(g) Gangways shall be kept clear of supporting bridles and other obstructions, to provide unobstructed passage. If, because of design, the gangway bridle cannot be moved to provide unobstructed passage, then the hazard shall be properly marked to alert employees of the danger.
(h) Obstructions shall not be laid on or across the gangway.
(i) Handrails and walking surfaces of gangways shall be maintained in a safe condition to prevent employees from slipping or falling.
(j) Gangways on vessels inspected and certificated by the U.S. Coast Guard are deemed to meet the requirements of this section.
(a) Jacob's ladders shall be of the double rung or flat tread type. They shall be well maintained and properly secured.
(b) A Jacob's ladder shall either hang without slack from its lashings or be pulled up entirely.
(c) When a Jacob's ladder is used as the means of access to a barge being worked, spacers (bumpers) shall be hung between the vessel, barge, or other structure to which the barge is tied alongside, or other equally effective means shall be provided to prevent damage to the bottom rungs of the ladder.
(d) When a Jacob's ladder is being used so that there is a danger of an employee falling or being crushed between the vessel, barge, or other structure (pier), suitable protection shall be provided.
(a) There shall be at least one safe and accessible ladder for each gang working in a single hatch. An effective means of gaining a handhold shall be provided at or near the head of each vertical fixed ladder. No more than two ladders are required in any hatch regardless of the number of gangs present.
(b) When any fixed ladder is visibly unsafe (or known to be unsafe), the employer shall identify such ladder and prohibit its use by employees.
(c) Where portable straight ladders are used, they shall be of sufficient length to extend three feet (.91 m) above the upper landing surface, and be positively secured or held against shifting or slipping. When conditions are such that a straight ladder cannot be used, Jacob's ladders meeting the requirements of § 1918.23 may be used.
(d) For vessels built after July 16, 2001, when six inches (15.24 cm) or more clearance does not exist behind the rungs of a fixed ladder, the ladder shall be deemed “unsafe” for the purposes of this section. Alternate means of access (for example, a portable ladder) must be used.
(e)(1) Where access to or from a stowed deckload or other cargo is needed and no other safe means is available, ladders or steps of adequate strength shall be furnished and positively secured or held against shifting or slipping while in use. Steps formed by the cargo itself are acceptable when the employer demonstrates that the nature of the cargo and the type of stowage provides equivalent safe access.
(2) Where portable straight ladders are used they shall be of sufficient length to extend at least three feet (.91 m) above the upper landing surface.
(f) The following standards for existing manufactured portable ladders must be met:
(1) Rungs of manufactured portable ladders obtained before January 21, 1998 shall be capable of supporting a 200-pound (890 N) load without deformation.
(2) Rungs shall be evenly spaced from nine to sixteen and one-half inches (22.9 to 41.9 cm), center to center.
(3) Rungs shall be continuous members between rails. Each rung of a double-rung ladder (two side rails and a center rail) shall extend the full width of the ladder.
(4) Width between side rails at the base of the ladder shall be at least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in overall length, and shall increase at least one-fourth inch (0.64 cm) for each additional two feet (0.61 m) of ladder length.
(g) Portable manufactured ladders obtained after January 21, 1998 shall bear identification showing that they meet the appropriate ladder construction requirements of the following standards:
(1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders;
(2) ANSI A14.2-1990, Safety Requirements for Portable Metal Ladders;
(3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced Plastic Ladders.
(h) Job-made ladders shall:
(1) Have a uniform distance between rungs of at least 12 inches (30.48cm) center to center;
(2) Be capable of supporting a 250-pound (1,112 N) load without deformation; and
(3) Have a minimum width between side rails of 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in height. Width between rails shall increase at least one-fourth inch (0.64 cm) for each additional two feet (0.61 m) of ladder length.
(i) The employer shall:
(1) Maintain portable ladders in safe condition. Ladders with the following defects shall not be used, and shall either be tagged as unusable if kept on board, or shall be removed from the vessel:
(i) Broken, split or missing rungs, cleats or steps;
(ii) Broken or split side rails;
(iii) Missing or loose bolts, rivets or fastenings;
(iv) Defective ropes; or
(v) Any other structural defect.
(2) Ladders shall be inspected for defects before each day's use, and after any occurrence, such as a fall, which could damage the ladder.
(j) Ladders shall be used in the following manner:
(1) Ladders shall be securely positioned on a level and firm base.
(2) Ladders shall be fitted with slip-resistant bases and/or be positively secured or held in place to prevent slipping or shifting while in use.
(3) Except for combination ladders, self-supporting ladders shall not be used as single straight ladders.
(4) Unless intended for cantilever operation, non-self-supporting ladders shall not be used to climb above the top support point.
(5) Ladders shall not be used:
(i) As guys, braces or skids; or
(ii) As platforms, runways or scaffolds.
(6) Metal and wire-reinforced ladders (even with wooden side rails) shall not be used when employees on the ladder might contact energized electrical conductors.
(7) Individual sections from different multi-sectional ladders or two or more single straight ladders shall not be tied or fastened together to achieve additional length.
(8) Single rail ladders (i.e. made by fastening rungs or devices across a single rail) shall not be used.
(a)
(1) Be strong enough to support the loads imposed on them;
(2) Be secured or equipped with devices to prevent their dislodgement;
(3) Be equipped with hand holds or other effective means to permit safe handling; and
(4) Be designed, constructed, and maintained to prevent vehicles from running off the edge.
(b)
(1) Be strong enough to support the loads imposed on them;
(2) Be equipped with a railing meeting the requirements of § 1918.21(b), if the slope is more than 20 degrees to the horizontal or if employees could fall more than four feet (1.22 m);
(3) Be equipped with a slip resistant surface;
(4) Be properly secured; and
(5) Be designed, constructed, and maintained to prevent vehicles from running off the edge.
(a) With the exception of § 1918.25(b)(2), ramps used solely for vehicle access to or between barges shall meet the requirements of § 1918.25.
(b) When employees cannot step safely to or from the wharf and a float, barge, or river towboat, either a ramp meeting the requirements of paragraph (a) of this section or a safe walkway meeting the requirements of § 1918.22(f) shall be provided. When a ramp or walkway cannot be used, a straight ladder meeting the requirements of § 1918.24 and extending at least three feet (.91 m) above the upper landing surface and adequately secured or held against shifting or slipping shall be provided. When neither a walkway nor a straight ladder can be used, a Jacob's ladder meeting the requirements of § 1918.23 shall be provided. Exception: For barges operating on the Mississippi River System, where the employer shows that these requirements cannot reasonably be met due to local conditions, other safe means of access shall be provided.
(c) When a barge or raft is being worked alongside a larger vessel, a Jacob's ladder meeting the requirements of § 1918.23 shall be provided for each gang working alongside unless other safe means of access is provided. However, no more than two Jacob's ladders are required for any single barge or raft being worked.
(d) When longshoring operations are in progress on barges, the barges shall be securely made fast to the vessel, wharf, or dolphins.
(a) No cargo, dunnage, or other material shall be loaded or unloaded by means requiring the services of employees at any partially opened intermediate deck unless either the hatch at that deck is sufficiently covered or an adequate landing area suitable for the prevailing conditions exists. In no event shall such work be done unless the working area available for such employees extends for a distance of 10 feet (3.05 m) or more fore and aft and athwartships.
(b) Cargo shall not be landed on or handled over a covered hatch or 'tween-decks unless all hatch beams are in place under the hatch covers.
(c) Missing, broken, or poorly fitting hatch covers that would not protect employees shall be reported at once to the officer in charge of the vessel. Pending replacement or repairs by the vessel, work shall not be performed in the section containing the unsafe covers or in adjacent sections unless the flooring is made safe.
(d) Hatch covers and hatch beams not of uniform size shall be placed only in the hatch, deck, and section in which they fit properly.
(e) Small trimming hatches in intermediate decks shall be securely covered or guarded while work is going on in the hatch in which they are found, unless they are actually in use.
(a) Temporary surfaces on which loads are to be landed shall be of sufficient size and strength to permit employees to work safely.
(b) When the edge of a hatch section or of stowed cargo may constitute a fall hazard to an employee, the edge shall be guarded by a vertical safety net, or other means providing equal protection, to prevent an employee from falling. When the employer can demonstrate that vertical nets or other equally effective means of guarding
(c) When two gangs are working in the same hatch on different levels, a vertical safety net shall be rigged and securely fastened to prevent employees or cargo from falling. Safety nets shall be maintained in good condition and be of adequate strength for the purpose intended.
(a) Employees shall not be permitted to pass over or around deck loads unless there is a safe route of passage.
(b) Employees giving signals to crane operators shall not be permitted to walk over deck loads from rail to coaming unless there is a safe route of passage. If it is necessary to stand or walk at the outboard or inboard edge of the deck load having less than 24 inches (.61 m) of bulwark, rail, coaming, or other protection, those employees shall be provided with protection against falling from the deck load.
(a) Cargo shall not be worked on decks that were not designed to support the load being worked.
(b) Grated decks shall be properly placed, supported, maintained and designed to support employees.
Open weather deck hatches around which employees must work that are not protected to a height of 24 inches (.61 m) by coamings shall be guarded by taut lines or barricades at a height of 36 to 42 inches (.91 to 1.07 m) above the deck, except on the side on which cargo is being worked. Any portable stanchions or uprights used shall be supported or secured to prevent accidental dislodgement.
Removable weather deck rails shall be kept in place except when cargo operations require them to be removed, in which case they shall be replaced as soon as such cargo operations are completed.
(a) Walking shall be prohibited along the sides of covered lighters or barges with coamings or cargo more than five feet (1.52 m) high unless a three-foot (.91 m) clear walkway or a grab rail or taut handline is provided.
(b) Walking or working shall be prohibited on the decks of barges to be loaded unless the walking or working surfaces have been determined by visual inspection to be structurally sound and maintained properly. If, while discharging a barge, an unsound deck surface is discovered, work shall be discontinued and shall not be resumed until means have been taken to ensure a safe work surface.
(a)
(b)
(2) For purposes of paragraph (b)(1) of this section, fitted gratings that are in good condition shall be considered a part of the decking when properly placed within the three-foot (.91 m) area.
(c) Grab rails or taut handlines shall be provided for the protection of employees handling hatch beams and hatch covers, when bulkheads, lockers, reefer compartments or large spare parts are within three feet (.91 m) of the coaming.
(d) The clearances in this section do not apply to hatches opened or closed solely by hydraulic or other mechanical means; except that, in all cases in which the three-foot (.91 m) clearance does not exist, cargo that is stowed within three feet (.91 m) of the edge of the hatch shall be adequately secured to prevent cargo from falling into the hold.
(a) Hatch beam and pontoon bridles shall be:
(1) Long enough to reach the holes, rings, or other lifting attachments on the hatch beams and pontoons easily;
(2) Of adequate strength to lift the load safely; and
(3) Properly maintained, including covering or blunting of protruding ends in wire rope splices.
(b) Bridles for lifting hatch beams shall be equipped with toggles, shackles, or hooks, or other devices of such design that they cannot become accidentally dislodged from the hatch beams with which they are used. Hooks other than those described in this section may be used only when they are hooked into the standing part of the bridle. Toggles, when used, shall be at least one inch (2.54 cm) longer than twice the largest diameter of the holes into which they are placed.
(c) Bridles used for lifting pontoons and plugs shall have the number of legs required by the design of the pontoon or plug, and all of which shall be used. Where any use of a bridle requires fewer than the number of legs provided, idle legs shall be hung on the hook or ring, or otherwise prevented from swinging free.
(d) At least two legs of all strongback and pontoon bridles shall be equipped with a lanyard at least eight feet (2.44 m) long and in good condition. The bridle end of the lanyard shall be of chain or wire.
Paragraphs (f)(2), (g), and (h) of this section apply only to folding, sliding, or hinged metal hatch covers or to those hatch covers handled by cranes.
(a) (1) When hatch covers or pontoons are stowed on the weather deck abreast of hatches, they shall be arranged in stable piles not closer to the hatch coaming than three feet (.91 m). Exception: On the working side of the hatch, hatch covers or pontoons may be spread one high between the coaming and bulwark with no space between them, provided the height of the hatch coaming is no less than 24 inches (.61 m). Under no circumstances shall hatch covers or pontoons be stacked higher than the hatch coaming or bulwark on the working side of the hatch.
(2) On seagoing vessels, hatch boards or similar covers removed from the hatch beams in a section of partially opened hatch during cargo handling, cleaning or other operations shall not be stowed on the boards or covers left in place within that section.
(b) Hatch beams shall be laid on their sides, or stood on an edge close together and lashed. Exception: This paragraph (b) shall not apply in cases where hatch beams are of such design that:
(1) The width of the flange is 50 percent or more of the height of the web; and
(2) The flange rests flat on the deck when the hatch beam is stood upright.
(c) Strongbacks, hatch covers, and pontoons removed from hatch openings and placed on the weather deck shall not obstruct clear fore-and-aft or coaming-to-bulwark passageways and shall be lashed or otherwise secured to prevent accidental dislodgement. Dunnage or other suitable material shall be used under and between tiers
(d) Hatch covers unshipped in an intermediate deck shall be placed at least three feet (.91 m) from the coaming or they shall be removed to another deck. Strongbacks unshipped in an intermediate deck shall not be placed closer than six inches (15.24 cm) from the coaming and, if placed closer than three feet (.91 m), shall be secured so that they cannot be tipped or dragged into a lower compartment. If such placement or securement is not possible, strongbacks shall be removed to another deck.
(e) Any hatch beam or pontoon left in place next to an open hatch section being worked shall be locked or otherwise secured, so that it cannot be accidentally displaced. All portable, manually handled hatch covers, including those bound together to make a larger cover, shall be removed from any working section, and adjacent sections, unless securely lashed.
(f)(1) The roller hatch beam at the edge of the open section of the hatch shall be lashed or pinned back so that it cannot be moved toward the open section.
(2) Rolling, sectional or telescopic hatch covers of barges that open in a fore and aft direction shall be secured against unintentional movement while in the open position.
(g) Hinged or folding hatch covers normally stowed in an approximately vertical position shall be positively secured when in the upright position, unless the design of the system otherwise prevents unintentional movement.
(h) Hatches shall not be opened or closed while employees are in the square of the hatch below.
(i) All materials such as dunnage, lashings, twist locks, or stacking cones shall be removed from the hatch cover or be secured to prevent them from falling off the cover before the hatch cover is moved.
(j) When a hatch is to be covered, hatch covers or night tents shall be used. Any covering that only partially covers the hatch, such as alternate hatch covers or strips of dunnage, shall not be covered by a tarpaulin. Exception: A tarpaulin may be used to cover an open or partially open hatch to reduce dust emissions during bulk cargo loading operations, if positive means are taken to prevent employees from walking on the tarpaulin.
(a) The safe working load specified in the cargo gear certification papers or marked on the booms shall not be exceeded. Any limitations imposed by the certificating authority shall be followed.
(b) All components of cargo handling gear, including tent gantlines and associated rigging, shall be inspected by the employer or a designated person before each use and at appropriate intervals during use. Any gear that is found unsafe shall not be used until it is made safe.
(c) The employer shall determine the load ratings shown on the vessel's wire rope certificates for all wire rope and wire rope slings comprising part of ship's gear and shall observe these load ratings.
(d) The following limitations shall apply to the use of wire rope as a part of the ship's cargo handling gear:
(1) Eye splices in wire ropes shall have at least three tucks with a whole strand of the rope and two tucks with one-half of the wire cut from each strand. Other forms of splices or connections that the employer demonstrates will provide the same level of safety may be used;
(2) Except for eye splices in the ends of wires, each wire rope used in hoisting or lowering, in guying derricks, or as a topping lift, preventer, segment of a multi-part preventer, or pendant, shall consist of one continuous piece without knot or splice; and
(3) Wire rope and wire rope slings exhibiting any of the defects or conditions specified in § 1918.62(b)(3)(i) through (vi) shall not be used.
(e) Natural and synthetic fiber rope slings exhibiting any of the defects or
(f) Synthetic web slings exhibiting any of the defects or conditions specified in § 1918.62(g)(2)(i) through (vi) shall not be used.
(g) Chains, including slings, exhibiting any of the defects or conditions specified in § 1918.62 (h)(3) (iii), (iv), or (h)(6) shall not be used.
(a)
(2) Wire rope clips or knots shall not be used to form eyes in, nor to join sections of, preventer guys.
(b)
(2) Chain stoppers shall be shackled or otherwise secured so that their links are not bent by being passed around fittings. The point of attachment shall be of sufficient strength and so placed that the stoppers are in line with the normal topping lift lead at the time the stopper is applied.
(3) Patent stoppers of the clamp type shall be appropriate for the size of the rope used. Clamps shall be in good condition and free of any substance that would prevent their being drawn tight.
(c)
(2) Winch falls shall not be used with fewer than three turns on the winch drum.
(3) Eyes in the ends of wire rope cargo falls shall not be formed by knots and, in single part falls, shall not be formed by wire rope clips.
(4) When the design of the winch permits, the fall shall be wound on the drum so that the cargo hook rises when the winch control lever is pulled back and lowers when the lever is pushed forward.
(d)
(2) If the heel block is not so rigged as to prevent its falling when not under strain, it shall be secured to prevent alternate raising and dropping of the block. This requirement shall not apply when the heel block is at least 10 feet (3.05 m) above the deck when at its lowest point.
(e)
(f)
(a) Moving parts of winches and other deck machinery shall be guarded.
(b) Winches shall not be used if control levers operate with excessive friction or excessive play.
(c) Double gear winches or other winches equipped with a clutch shall not be used unless a positive means of locking the gear shift is provided.
(d) There shall be no load other than the fall and cargo hook assembly on the winch when changing gears on a two-gear winch.
(e) Any defect or malfunction of winches that could endanger employees shall be reported immediately to the officer in charge of the vessel, and the winch shall not be used until the defect or malfunction is corrected.
(f) Temporary seats and shelters for winch drivers that create a hazard to the winch operator or other employees shall not be used.
(g) Except for short handles on wheel type controls, winch drivers shall not be permitted to use winch control extension levers unless they are provided by either the ship or the employer. Such levers shall be of adequate strength and securely fastened with metal connections at the fulcrum and at the permanent control lever.
(h) Extension control levers that tend to fall due to their own weight shall be counterbalanced.
(i) Winch brakes shall be monitored during use. If winch brakes are unable to hold the load, the winch shall be removed from service.
(j) Winches shall not be used when one or more control points, either hoisting or lowering, are not operating properly. Only authorized personnel shall adjust control systems.
(k) When winches are left unattended, control levers shall be placed in the neutral position and the power shall be shut off or control levers shall be locked at the winch or the operating controls.
(a)
(b)
(c)
(d)
(2) Unless the cleat is also a chock and the hauling part is led through the chock opening, the leads of preventers to cleats shall be such that the direction of the line pull of the preventer is as parallel as possible to the plane of the surface on which the cleat is mounted.
(3) Guys and associated preventers shall be adjusted to share the load as equally as possible where cargo operations are being conducted by burtoning. Exception: Where guys are designed and intended for trimming purposes only, and the preventer is intended to do the function of the guy, the guy may be left slack.
(e)
(f)
(2) When, in lowering or topping a boom, it is not possible to secure the bull wire to the winch head, or when the topping lift itself is taken to the winch head, at least five turns of wire shall be used.
(g)
The following requirements shall apply to the use of cranes forming part of a vessel's permanent equipment.
(a)
(b)
(2) Clothing, tools and equipment shall be stored so as not to interfere with access, operation or the operator's view.
(c)
(2) Limit switch bypass systems shall be secured during all cargo operations. Such bypass systems shall not be used except in an emergency or during non-cargo handling operations such as stowing cranes or derricks or performing repairs. Any time a bypass system is used, it shall be done only under the direction of an officer of the vessel.
(3) Under all operating conditions, at least three full turns of rope shall remain on ungrooved drums, and two full turns on grooved drums.
(4) Crane brakes shall be monitored during use. If crane brakes are unable to hold the load, the crane shall not be used.
(5) Cranes shall not be used if control levers operate with excessive friction or excessive play.
(6) When cranes are equipped with power down capability, there shall be no free fall of the gear when a load is attached.
(7) When two or more cranes hoist a load in unison, a designated person shall direct the operation and instruct personnel in positioning, rigging of the gear and movements to be made.
(d)
(a)
(b)
(2) All cargo handling gear provided by the employer with a safe working load greater than five short tons (10,000 lbs. or 4.54 metric tons) shall have its safe working load plainly marked on it.
(c)
(d)
(e)
(f)
(2) Special stevedoring gear provided by the employer that has a SWL of five short tons (10,000 lbs. or 4.54 metric tons) or less shall be inspected and tested as a unit before initial use according to paragraphs (d) and (e) of this section or by a designated person (see Table A in this paragraph (f)(2)).
(g) Every spreader that is not a part of ship's gear and is used for handling intermodal containers shall be inspected and tested before initial use to a proof load equal to 25 percent greater than its rated capacity. In addition, any spreader that suffers damage necessitating structural repair shall be inspected and retested after repair and before being returned to service.
(h) All cargo handling gear covered by this section with a SWL greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be proof load tested according to Table A in paragraph (f) or paragraph (g), as applicable, of this section every four years and in accordance with paragraphs (d) and (e) of this section or by a designated person.
(i) Certificates and inspection and test records attesting to the tests required by this section shall be available for inspection.
(a)
(2) Defective gear, as defined by the manufacturers' specifications (when available), shall not be used. Distorted hooks, shackles or similar gear shall be discarded.
When manufacturers' specifications are not available to determine whether gear is defective, the employer shall use the appropriate paragraphs of this section to make these determinations.
(b)
(2) Wire rope with a safety factor of less than five may be used only as follows:
(i) In specialized equipment, such as cranes, designed to be used with lesser wire rope safety factors;
(ii) According to design factors in standing rigging applications; or
(iii) For heavy lifts or other purposes for which a safety factor of five is not feasible and for which the employer can show that equivalent safety is ensured.
(3) Wire rope or wire rope slings provided by the employer and having any of the following conditions shall not be used:
(i) Ten randomly distributed broken wires in one rope lay or three or more broken wires in one strand in one rope lay;
(ii) Kinking, crushing, bird caging or other damage resulting in distortion of the wire rope structure;
(iii) Evidence of heat damage;
(iv) Excessive wear or corrosion, deformation or other defect in the wire or attachments, including cracks in attachments;
(v) Any indication of strand or wire slippage in end attachments; or
(vi) More than one broken wire close to a socket or swaged fitting.
(4) Protruding ends of strands in splices on slings and bridles shall be covered or blunted. Coverings shall be removable so that splices can be examined. Means used to cover or blunt ends shall not damage the wire.
(5) Where wire rope clips are used to form eyes, the employer shall follow
(6) Wire rope shall not be secured by knotting.
(7) Eyes in wire rope bridles, slings, bull wires, or in single parts used for hoisting shall not be formed by wire rope clips or knots.
(8) Eye splices in wire ropes shall have at least three tucks with a whole strand of the rope, and two tucks with one-half of the wire cut from each strand. Other forms of splices or connections that the employer demonstrates to be equivalently safe may be used.
(9) Except for eye splices in the ends of wires and endless rope slings, each wire rope used in hoisting or lowering, or bulling cargo, shall consist of one continuous piece without knot or splice.
(c)
(2) If the manufacturers' recommended ratings and use recommendations are unavailable, the employer shall use table 2 of appendix II to this part to determine safe working loads of natural fiber rope slings comprising part of pre-slung drafts.
(3) Eye splices shall consist of at least three full tucks. Short splices shall consist of at least six tucks, three on each side of the centerline.
(d)
(2) If the manufacturers' recommended ratings and use recommendations are unavailable, tables 3A and B of appendix II to this part shall be used to determine the safe working load of synthetic fiber rope and of synthetic rope slings that comprise this part of pre-slung drafts.
(3)(i) Unless otherwise recommended by the manufacturer, when synthetic fiber ropes are substituted for fiber ropes of less than three inches (7.62 cm) in circumference, the substitute shall be of equal size. Where substituted for fiber rope of three inches or more in circumference, the size of the synthetic rope shall be determined from the formula:
(ii) In making such substitution, it shall be ascertained that the inherent characteristics of the synthetic fiber are suitable for hoisting.
(e)
(1) Abnormal or excessive wear including heat and chemical damage;
(2) Powdered fiber between strands;
(3) Sufficient cut or broken fibers to affect the capability of the rope;
(4) Variations in the size or roundness of strands;
(5) Discolorations other than stains not associated with rope damage;
(6) Rotting; or
(7) Distortion or other damage to attached hardware.
(f)
(g)
(2) Synthetic web slings shall be removed from service if they exhibit any of the following defects:
(i) Acid or caustic burns;
(ii) Melting or charring of any part of the sling surface;
(iii) Snags, punctures, tears or cuts;
(iv) Broken or worn stitches;
(v) Distortion or damage to fittings; or
(vi) Display of visible warning threads or markers designed to indicate excessive wear or damage.
(3) Defective synthetic web slings removed from service shall not be returned to service unless repaired by a sling manufacturer or an entity of similar competence. Each repaired sling shall be proof tested by the repairer to twice the sling's rated capacity before its return to service. The employer shall retain a certificate of the proof test and make it available for inspection.
(4) Synthetic web slings provided by the employer shall only be used according to the manufacturers' use recommendations, which shall be available.
(5) Fittings shall have a breaking strength at least equal to that of the sling to which they are attached and shall be free of sharp edges.
(h)
(2) Proof coil steel chain, also known as common or hardware chain, and other chain not recommended by the manufacturer for slinging or hoisting shall not be used for slinging or hoisting.
(3)(i) Sling chains, including end fastenings, shall be inspected for visible defects before each day's use and as often as necessary during use to ensure integrity of the sling.
(ii) Thorough inspections of chains in use shall be made quarterly to detect wear, defective welds, deformation or increase in length or stretch. The month of inspection shall be shown on each chain by color of paint on a link or by other equally effective means.
(iii) Chains shall be removed from service when maximum allowable wear, as indicated in table 4B of appendix II to this part, is reached at any point of a link.
(iv) Chain slings shall be removed from service when stretch has increased the length of a measured section by more than 5 percent; when a link is bent, twisted or otherwise damaged; or when a link has a raised scarf or defective weld.
(v) Only designated persons shall inspect chains used for slinging and hoisting.
(4) Chains shall only be repaired by a designated person. Links or portions of a chain defective under any of the criteria of paragraph (h)(3)(iv) of this section shall be replaced with properly dimensioned links or connections of material similar to that of the original chain. Before repaired chains are returned to service, they shall be tested to the proof test load recommended by the manufacturer for the original chain. Tests shall be done by the manufacturer or shall be certified by an agency accredited for the purpose under part 1919 of this chapter. Test certificates shall be available for inspection.
(5)(i) Wrought iron chains in constant use shall be annealed or normalized at intervals not exceeding six months. Heat treatment certificates shall be available for inspection. Alloy chains shall not be annealed.
(ii) Any part of a lifting appliance or item of loose gear installed after January 21, 1998 shall not be manufactured of wrought iron.
(6) Kinked or knotted chains shall not be used for lifting. Chains shall not be shortened by bolting, wiring or knotting. Makeshift links or fasteners such as wire, bolts or rods shall not be used.
(7) Hooks, rings, links and attachments affixed to sling chains shall have rated capacities at least equal to those of the chains to which they are attached.
(8) Chain slings shall bear identification of size, grade and rated capacity.
(i)
(2) Screw pin shackles provided by the employer and used aloft, except in cargo hook assemblies, shall have their pins positively secured.
(j)
(2) Bent or sprung hooks shall be discarded.
(3) Teeth of case hooks shall be maintained in safe condition.
(4) Jaws of patent clamp-type plate hooks shall be maintained in condition to grip plates securely.
(5) Loads shall be applied to the throat of the hook only.
(k)
(2) Reusable wing or lip-type pallets shall be hoisted by bar bridles or other suitable gear and shall have an overhanging wing or lip of at least three inches (7.6 cm). They shall not be hoisted by wire slings alone.
(3) Loaded pallets that do not meet the requirements of this paragraph shall be hoisted only after being placed on pallets meeting such requirements, or shall be handled by other means providing equivalent safety.
(4) Bridles for handling flush end or box-type pallets shall be designed to prevent disengagement from the pallet under load.
(5) Pallets shall be stacked or placed to prevent falling, collapsing or otherwise causing a hazard under standard operating conditions.
(6) Disposable pallets intended only for one use shall not be reused for hoisting.
(a) Chutes shall be of adequate length and strength to support the conditions of use, and shall be free of splinters and sharp edges.
(b) When necessary for the safety of employees, chutes shall be equipped with sideboards to afford protection from falling objects.
(c) When necessary for the safety of employees, provisions shall be made for stopping objects other than bulk commodities at the delivery end of the chute.
(d) Chutes and gravity conveyor roller sections shall be firmly placed and secured to prevent displacement, shifting, or falling.
(e) Gravity conveyors shall be of sufficient strength to support the weight of materials placed upon them safely. Conveyor rollers shall be installed in a way that prevents them from falling or jumping out of the frame.
(f) Frames shall be kept free of burrs and sharp edges.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(2) The starting device shall be locked out and tagged out in the stop position before an attempt is made to remove the cause of a jam or overload of the conveying medium.
(l)
(2) The employer shall ensure that each employee stays off operating conveyors.
(3) Conveyors shall be operated only with all overload devices, guards and safety devices in place and operable.
(a)
(b)
(2) Rated capacities, with and without removable counterweights, shall not be exceeded. Rated capacities shall be marked on the vehicle and shall be visible to the operator. The vehicle weight, with and without a counterweight, shall be similarly marked.
(3) If loads are lifted by two or more trucks working in unison, the total weight shall not exceed the combined safe lifting capacity of all trucks.
(c)
(2) Overhead guards shall not obstruct the operator's view, and openings in the top of the guard shall not exceed six inches (15.24 cm) in one of the two directions, width or length. Larger openings are permitted if no opening allows the smallest unit of cargo being handled through the guard.
(3) Overhead guards shall be built so that failure of the vehicle's mast tilting mechanism will not displace the guard.
(4) Overhead guards shall be large enough to extend over the operator during all truck operations, including forward tilt.
(5) An overhead guard may be removed only when it would prevent a truck from entering a work space and only if the operator is not exposed to low overhead obstructions in the work space.
(6) Where necessary to protect the operator, fork lift trucks shall be fitted with a vertical load backrest extension to prevent the load from hitting the mast when the mast is positioned at maximum backward tilt. For this purpose, a “load backrest extension” means a device extending vertically from the fork carriage frame to prevent raised loads from falling backward.
(d)
(2) Overhead guards and their attachment points shall be so designed as to be able to withstand, without excessive deflection, a load applied horizontally at the operator's shoulder level equal to the drawbar pull of the machine.
(3) Overhead guards are not required when the vehicle is used in situations in which the seated operator cannot contact projecting overhead hazards.
(4) After July 26, 1999, bulk cargo-moving vehicles shall be equipped with rollover protection of such design and construction as to prevent the possibility of the operator being crushed because of a rollover or upset.
(e)
(2) Approved power-operated industrial trucks shall bear a label or other identification indicating testing laboratory approval.
(3) When the atmosphere in an area is hazardous (see § 1918.2 and § 1918.93), only approved power-operated industrial trucks shall be used.
(f)
(2) Braking systems or other mechanisms used for braking shall be operable and in safe condition.
(3) Replacement parts whose function might affect operational safety shall be equivalent in strength and performance capability to the original parts that they replace.
(4) Repairs to the fuel and ignition systems of mechanically powered vehicles that involve fire hazards shall be conducted only in locations designated as safe for such repairs.
(5) Batteries on all mechanically powered vehicles shall be disconnected during repairs to the primary electrical system except when power is necessary for testing and repair. On vehicles equipped with systems capable of storing residual energy, that energy shall be safely discharged before work on the primary electrical system begins.
(6) Only designated persons shall do maintenance and repair.
(g)
(h)
(2) The employer shall require drivers to ascend and descend grades slowly.
(3) If the load obstructs the forward view, the employer shall require drivers to travel with the load trailing.
(4) Steering knobs shall not be used unless the vehicle is equipped with power steering.
(5) When mechanically powered vehicles use cargo lifting devices that have a means of engagement hidden from the operator, a means shall be provided to enable the operator to determine that the cargo has been engaged.
(6) No load on a mechanically powered vehicle shall be suspended or swung over any employee.
(7) When mechanically powered vehicles are used, provisions shall be made to ensure that the working surface can support the vehicle and load, and that hatch covers, truck plates, or other temporary surfaces cannot be dislodged by movement of the vehicle.
(8) When mechanically powered vehicles are left unattended, load-engaging means shall be fully lowered, controls
(9) When lift trucks or other mechanically powered vehicles are being operated on open deck-type barges, the edges of the barges shall be guarded by railings, sideboards, timbers, or other means sufficient to prevent vehicles from rolling overboard. When such vehicles are operated on covered lighters where door openings other than those being used are left open, means shall be provided to prevent vehicles from rolling overboard through such openings.
(10) Unauthorized personnel shall not ride on mechanically powered vehicles. A safe place to ride shall be provided when riding is authorized.
(11) An employee may be elevated by fork lift trucks only when a platform is secured to the lifting carriage or forks. The platform shall meet the following requirements:
(i) The platform shall have a railing complying with § 1917.112(c) of this chapter.
(ii) The platform shall have toeboards complying with § 1917.112(d) of this chapter, if tools or other objects could fall on employees below.
(iii) When the truck has controls elevated with the lifting carriage, means shall be provided for employees on the platform to shut off power to the vehicle.
(iv) Employees on the platform shall be protected from exposure to moving truck parts.
(v) The platform floor shall be skid resistant.
(vi) An employee shall be at the truck's controls whenever employees are elevated.
(vii) While an employee is elevated, the truck may be moved only to make minor adjustments in placement.
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(ii) No portable fire extinguisher using carbon tetrachloride or chlorobromomethane extinguishing agents shall be used.
(13)
(14)
(ii) Each independent hoisting unit of a crane shall, in addition to the holding brake, be equipped with a controlled braking means to control lowering speeds.
(iii) Holding brakes for hoist units shall have not less than the following percentage of the rated load hoisting torque at the point where the brake is applied:
(A) 125 percent when used with an other than mechanically controlled braking means;
(B) 100 percent when used with a mechanically controlled braking means; or
(C) 100 percent when two holding brakes are provided.
(iv) All power control braking means shall be capable of maintaining safe lowering speeds of rated loads.
(15)
(16)
(17)
(18)
(b)
(2)
(3)
(ii) No crane or derrick having a visible or known defect that may affect safe operation shall be used.
(4)
(i) Suspended loads, such as those hoisted by lifting magnets or clamshell buckets, shall be landed unless the storage position or maximum hoisting of the suspended device will provide equivalent safety;
(ii) Clutches shall be disengaged;
(iii) The power supply shall be shut off;
(iv) The crane shall be secured against accidental travel; and
(v) The boom shall be lowered or secured against movement.
(c)
(i) Enclosed by a railing or other means providing protection equivalent to that described in § 1917.112(c) of this chapter;
(ii) Fitted with toe boards if the platform has open railings;
(iii) A safety factor of four based on ultimate strength;
(iv) Bearing a plate or permanent marking indicating maximum load rating, which shall not be exceeded, and the weight of the platform itself;
(v) Equipped with a device to prevent access doors, when used, from opening accidentally;
(vi) Equipped with overhead protection for employees on the platform if they are exposed to falling objects or overhead hazards; and
(vii) Secured to the load line by means other than wedge and socket attachments, unless the free (bitter) end of the line is secured back to itself by a clamp placed as close above the wedge as possible.
(2) Except in an emergency, the hoisting mechanism of all cranes or derricks used to hoist personnel shall operate only in power up and power down, with automatic brake application when not hoisting or lowering.
(3) All cranes and derricks used to hoist personnel shall be equipped with an anti-two-blocking device.
(4) Variable radius booms of a crane or derrick used to hoist personnel shall be so constructed or secured as to prevent accidental boom movement.
(5) Platforms or devices used to hoist employees shall be inspected for defects before each day's use and shall be removed from service if defective.
(6) Employees being hoisted shall remain in continuous sight of and communication with the operator or signalman.
(7) Operators shall remain at the controls when employees are hoisted.
(8) Cranes shall not travel while employees are hoisted, except in emergencies or in normal tier-to-tier transfer of employees during container operations.
(d)
(2) A designated person shall thoroughly inspect all functional components and accessible structural features of each crane or device at monthly intervals.
(3) Any defects found during such inspections that may create a safety hazard shall be corrected before further equipment use. Repairs shall be done only by designated persons.
(4) A record of each monthly inspection shall be maintained for six months in or on the crane or derrick or at the terminal.
(e)
(2) Crane hooks shall be latched or otherwise secured to prevent accidental load disengagement.
(f)
(i) The type or model of any load-indicating device used shall be such as to provide:
(A) A direct indication in the cab of actual weight hoisted or a means of determining this by reference to crane ratings posted and visible to the operator, except that the use of a dynamometer or simple scale alone will not meet this requirement; or
(B) An automatic weight-moment device (e.g., a computer) providing indications in the cab according to the radius and load at the moment; or
(C) A device that will prevent an overloaded condition.
(ii) The accuracy of the load-indicating device, weight-moment device, or overload protection device shall be such that any indicated load (or limit), including the sum of actual weight hoisted and additional equipment or “add ons” such as slings, sensors, blocks, etc., is within the range between 95 percent (5 percent underload) and 110 percent (10 percent overload) of the actual true total load. Such accuracy shall be required over the range of daily operating variables reasonably anticipated under the conditions of use.
(iii) The device shall enable the operator to decide before making any lift that the load indicating device or alternative device is operative. In the alternative, if the device is not so mounted or attached and does not include such means of checking, it shall be certified by the manufacturer to remain operative for a specific time. The device shall be checked for accuracy, using known values of the load, at the time of every certification survey (see § 1918.11) and at such additional times as may be recommended by the manufacturer.
(iv) When the load indicating device or alternative device is so arranged in the supporting system (crane structure) that its failure could cause the load to be dropped, its strength shall not be the limiting factor of the supporting system (crane structure).
(v) Units of measure in pounds or both pounds and kilograms (or other indicators of measurement, such as colored indicator lights), capacity of the indicating system, accuracy of the indicating system, and operating instructions and precautions shall be conspicuously marked. If the system used provides no readout but automatically ceases crane operation when the rated load limit is reached under any specific condition of use, the marking shall provide the make and model of the device installed, a description of what it does, how it is operated, and any necessary precautions regarding the system. All of these markings shall be readily visible to the operator.
(vi) All load indicating devices shall operate over the full operating radius. Overall accuracy shall be based on actual applied loads and not on full scale (full capacity) load.
If the accuracy of the load indicating device is based on full scale loads and the device is arbitrarily set at plus or minus 10 percent, it would accept a reading between 90,000 and 110,000 lbs. at full capacity for a machine with a maximum rating of 100,000 lbs. but would also show a reading of between zero and 20,000 lbs. at that outreach (radius) at which the load would be 10,000 lbs.; this is clearly unacceptable. If, however, the accuracy of the device is based on actual applied loads under the same conditions, the acceptable range would remain the same with the 100,000-lb. load but would show a figure between 9,000 and 11,000 lbs. at the 10,000-lb. load; this is an acceptable reading.
(vii) When a load-indicating device uses the radius as a factor in its use or in its operating indications, the indicated radius (which may be in feet and/or meters, or degrees of boom angle, depending on the system used) shall be within the range between 97 percent and 110 percent of the actual (true) radius. When radius is presented in degrees, and feet or meters are required for necessary determinations, a conversion chart shall be provided.
(viii) The load indicating device requirements of this paragraph do not apply to a crane:
(A) Of the trolley equipped bridge type while handling containers known to be and identified as empty, or loaded, and in either case according to the provisions of § 1918.85(b) of this part, or while hoisting other lifts by means of a lifting beam supplied by the crane manufacturer for the purpose and in all cases within the crane rating;
(B) While handling bulk commodities or cargoes by means of clamshell bucket or magnet;
(C) While used to handle or hold hoses in connection with transfer of bulk liquids, or other hose-handled products; or
(D) While the crane is used exclusively to handle cargo or equipment whose total actual gross weight is marked on the unit or units hoisted, and the total actual gross weight never exceeds 11,200 lbs., and the load is less than the rated capacity of the crane at the maximum outreach possible at the time.
(2) [Reserved]
(a) The employer shall notify the officer in charge of the vessel before bringing aboard ship internal combustion or electric powered tools, equipment or vehicles.
(b) The employer shall also notify the officer in charge of the vessel before using the ship's electric power for the operation of any electric tools or equipment.
The frames of portable electrical equipment and tools, other than double insulated tools and battery operated tools, shall be grounded through a separate equipment conductor run with or enclosing the circuit conductors.
(a)
(b)
(2) 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.
(a) Drafts shall be safely slung before being hoisted. Loose dunnage or debris hanging or protruding from loads shall be removed.
(b) Cargo handling bridles, such as pallet bridles, which are to remain attached to the hoisting gear while hoisting successive drafts, shall be attached by shackles, or other positive means shall be taken to prevent them from being accidentally disengaged from the cargo hook.
(c) Drafts of lumber, pipe, dunnage and other pieces, the top layer of which is not bound by the sling, shall be slung in a way that prevents sliders. Double slings shall be used on unstrapped dunnage, unless, due to the size of hatch or deep tank openings, using them is impracticable.
(d) Case hooks shall be used only with cases designed to be hoisted by these hooks.
(e) Bales of cotton, wool, cork, wood pulp, gunny bags or similar articles shall not be hoisted by straps unless the straps are strong enough to support the weight of the bale. At least two hooks, each in a separate strap, shall be used.
(f) Unitized loads bound by bands or straps may be hoisted by the banding or strapping only if the banding or strapping is suitable for hoisting and is strong enough to support the weight of the load.
(g) Additional means to maintain the unitized loads during hoisting shall be employed to ensure safe lifting of such loads having damaged banding or strapping.
(h) Loads requiring continuous manual guidance during handling shall be guided by guide ropes (tag lines) that are long enough to control the load.
(i) No draft shall be hoisted unless the winch or crane operator(s) can clearly see the draft itself or see the signals of a signalman who is observing the draft's movement.
(j) Intermodal containers shall be handled in accordance with § 1918.85.
(k) The employer shall require that employees stay clear of the area beneath overhead drafts or descending lifting gear.
(l) The employer shall not permit employees to ride the hook or the load, except as provided for in § 1918.85(g).
(a) Drafts shall be built or means shall be taken to prevent cargo from falling from them.
(b) Buckets and tubs used in handling bulk or frozen cargo shall not be loaded above their rims.
(a) When necessary to protect personnel working in a hold, the employer shall secure or block stowed cargo that is likely to shift or roll.
(b) In breaking down stowed cargo, precautions shall be taken to prevent remaining cargo from falling.
(c) Employees trimming bulk cargo shall be checked in and out by the job boss. Before securing any reefer compartment, a check shall be made to ensure that no employee remains inside. Frequent checks shall be made to ensure the safety of any employee working alone in a tank or cargo compartment.
(a) Bulling cargo shall be done with the bull line led directly from the heel block. However, bulling may be done from the head of the boom when the nature of the cargo and the surface over which it is dragged are such that the load cannot be stalled, or when the winch actually does not have sufficient strength, with the purchase used, to overload the boom.
(b) Snatch blocks shall be used to provide a fair lead for the bull line to avoid unnecessary dragging of the bull line against coamings and obstructions.
(c) Snatch blocks shall not be used with the point of the hook resting on the flange of a beam, but shall be hung from padeyes, straps, or beam clamps. Snatch blocks or straps shall not be made fast to batten cleats or other insecure fittings.
(d) Beam frame clamps shall be so secured as to prevent their slipping, falling, or being pulled from their stationary attachment.
(e) Falls led from cargo booms of vessels shall not be used to move scows, lighters or railcars.
(a)
(1) The weight of the container when empty, in pounds;
(2) The maximum cargo weight the container is designed to carry, in pounds; and
(3) The sum of the weight of the container and the maximum cargo weight, in pounds.
(b)
(1) The employer shall determine from the carrier whether a container to be hoisted is loaded or empty. Before loading or discharging, empty containers shall be identified in a manner that will inform every supervisor and job boss on the site and in charge of loading or discharging, or every crane or other hoisting equipment operator and signalman, that such container is empty. Methods of identification may include cargo plans, manifests, or markings on the container.
(2) For a loaded container:
(i) The actual gross weight shall be plainly marked and visible to the crane or other hoisting equipment operator or signalman, or to every supervisor or job boss on site and in charge of the operation; or
(ii) The cargo stowage plan or equivalent permanently recorded display serving the same purpose, containing the actual gross weight and the serial number or other positive identification of that specific container, shall be provided to the crane or other hoisting
(3) Every outbound container received at a marine terminal ready to load aboard a vessel without further consolidation or loading shall be weighed to obtain the actual gross weight, either at the terminal or elsewhere, before being hoisted.
(4)(i) When container weighing scales are found at a marine terminal, any outbound container with a load consolidated at that terminal shall be weighed to obtain the actual weight before being hoisted.
(ii) If the terminal has no scales, the actual gross weight may be calculated from the container's contents and the container's empty weight. The weights used in the calculation shall be posted conspicuously on the container, with the name of the person making the calculation, and the date.
(5) Open top vehicle-carrying containers, and those built specifically and used solely for the carriage of compressed gases, are excepted from paragraphs (b)(3) and (b)(4) of this section.
(6) Closed dry van containers carrying vehicles are exempted from paragraph (b)(4) of this section if:
(i) The container carries only completely assembled vehicles and no other cargo;
(ii) The container is marked on the outside so that an employee can readily discern that the container is carrying vehicles; and
(iii) The vehicles were loaded into the container at the marine terminal.
(7) The weight of loaded inbound containers from foreign ports shall be determined by weighing, by the method of calculation described in paragraph (b)(4)(ii) of this section or by shipping documents.
(8) Any scale used within the United States to weigh containers for the requirements of this section shall meet the accuracy standards of the state or local public authority in which the scale is found.
(c)
(d)
(2) Any container found to have such a defect shall either be handled by a special means to ensure safe handling or shall be emptied before handling.
(e)
(f)
(1)
(i) When hoisting containers by the top fittings, the lifting forces shall be applied vertically from at least four such fittings. A less than vertical lift is permitted only under the following conditions:
(A) The container being lifted is an ISO “closed box container”;
(B) The condition of the box is sound;
(C) The speed of hoisting and lowering is moderated when heavily ladened containers
(D) The lift angle is at 80 to 90 degrees;
(E) The distance between the lifting beam and the load is at least 8 feet, 2.4 inches (2.5 m); and
(F) The length of the spreader beam is at least 16.3 feet (5 m) for a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot container.
(ii) When hoisting containers from bottom fittings, the hoisting connections shall bear on the fittings only, making no other contact with the container. The angles of the four bridle legs shall not be less than 30 degrees to the horizontal for 40-foot (12.19 m) containers; 37 degrees for 30-foot (9.14 m)
(iii) Lifting containers by fork lift trucks or grappling arms from above or from one side may be done only if the container is designed for this type of handling.
(iv) Other means of hoisting may be used only if the containers and hoisting means are designed for such use.
(2)
(ii) Intermodal container spreaders that utilize automatic twist lock systems shall be designed and used so that a suspended load cannot accidentally be released.
(g)
(h)
(i)
(j)
(ii) After July 26, 1999, the employer shall ensure that positive container securing devices, such as semi-automatic twist locks and above deck cell guides, are used wherever container gantry cranes are used to hoist containers.
(iii) The employer shall ensure that each employee on top of a container is protected from fall hazards by a fall protection system meeting the requirements of paragraph (k) of this section.
(2)
(3)
(k)
(1) Each fall protection system component, except anchorages, shall have fall arrest/restraint as its only use.
(2) Each fall protection system subjected to impact loading shall be immediately withdrawn from service and not be used again until inspected and determined by a designated person to be undamaged and suitable for use.
(3) Each fall protection system shall be rigged so that a falling employee cannot contact any lower level stowage or vessel structure.
(4) Each fall protection system adopted for use shall have an energy absorbing mechanism that will produce an arresting force on an employee of not greater than 1800 pounds (8 kN).
(5) Each component of a fall protection system shall be designed and used to prevent accidental disengagement.
(6) Each fall protection system's fixed anchorages shall be capable of sustaining a force of 5,000 pounds (22.2 kN) or be certified as capable of sustaining at least twice the potential impact load of an employee's fall. Such certification must be made by a qualified person.
(7) When “live” (activated) container gantry crane lifting beams or attached devices are used as anchorage points, the following requirements apply:
(i) The crane shall be placed into a “slow” speed mode;
(ii) The crane shall be equipped with a remote shut-off switch that can stop trolley, gantry, and hoist functions and that is in the control of the employee(s) attached to the beam; and
(iii) A visible or audible indicator shall be present to alert the exposed employee(s) when the remote shut-off is operational.
(8) Fall protection system components, other than the anchorages, shall be certified as a unit of being capable of sustaining at least twice the potential impact load of an employee's fall. Such certification shall be made by a qualified person.
(9) Each fall protection system shall incorporate the use of a full body harness.
(10) Each device, such as a safety cage, used to transport an employee(s) by being attached to a container gantry crane spreader, shall have a secondary means to prevent accidental disengagement and the secondary means shall be engaged.
(11) Each fall protection system shall be inspected before each day's use by a designated person. Any defective components shall be removed from service.
(12) Before using any fall protection system, the employee shall be trained in the use and application limits of the equipment, proper hookup, anchoring and tie-off techniques, methods of use, and proper methods of equipment inspection and storage.
(13) The employer shall establish and implement a procedure to retrieve personnel safely in case of a fall.
(l)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(1) Sufficient power to ascend ramp inclines safely; and
(2) Sufficient braking capacity to descend ramp inclines safely.
(j)
(k)
(l)
(m)
High visibility vests or equivalent protection means high visibility/retro-reflective materials which are intended to make the user clearly visible by day through the use of high visibility (fluorescent) material and in the dark by vehicle headlights through the use of retro-reflective material. For example, an acceptable area of material for a vest or equivalent protection is .5 m
(n)
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(1) They shall be planked and be no less than 24 inches (.61 m) wide;
(2) They shall extend along the entire length of all rafts on the side(s) of the vessel being worked, and to the means of access to the log raft(s); and
(3) They shall be buoyant enough to keep the walking surface above the waterline when employees are walking on them.
Hazardous cargo shall be slung and secured so that neither the draft nor individual packages can fall because of tipping of the draft or slacking of the supporting gear.
See § 1918.1(b)(4).
(a)
(b)
(c)
(d)
(e)
(f)
(2) Dunnage, lumber, or shoring material in which there are visibly protruding nails shall be removed from the work area, or, if left in the area, the nails shall be rendered harmless.
(g)
(a)
(b)
(c)
(d)
(1) Portable lights shall be equipped with substantial reflectors and guards to prevent materials from coming into contact with the bulb.
(2) Flexible electric cords used with temporary lights shall be designed by
(3) Electric conductors and fixtures for portable lights shall be so arranged as to be free from contact with drafts, running gear, and other moving equipment.
(4) Portable cargo lights furnished by the employer for use aboard vessels shall be listed as approved for marine use by the U.S. Coast Guard or by a nationally recognized testing laboratory (see § 1910.7).
(e)
(a)
(b)
(c)
(d)
(1) Persons entering a space containing a hazardous atmosphere shall be protected by respiratory and emergency protective equipment meeting the requirements of subpart J of this part;
(2) Persons entering a space containing a hazardous atmosphere shall be instructed about the hazards, precautions to be taken, and the use of protective and emergency equipment. Standby observers, similarly equipped and instructed, shall continuously monitor the activity of employees within such space;
(3) Except in emergency or rescue operations, employees shall not enter any atmosphere identified as flammable or oxygen-deficient (less than 19.5% oxygen). Persons who may be required to enter flammable or oxygen-deficient atmospheres in emergency operations shall be instructed in the dangers attendant to those atmospheres and be instructed in the use of self-contained breathing apparatus which shall be used for entry.
(4) To prevent inadvertent employee entry into spaces identified as having hazardous, flammable or oxygen-deficient atmospheres, appropriate warning signs or equivalent means shall be posted at all means of access to those spaces.
(e)
(a)
(i) The CO content of the atmosphere in a compartment, hold, or any enclosed space shall be maintained at not more than 50 parts per million (ppm) (0.005%) as an eight hour average area level and employees shall be removed from the enclosed space if the CO concentration exceeds a ceiling of 100 ppm (0.01%). Exception: The ceiling shall be 200 ppm (0.02%) instead of 100 ppm (0.01%) for Ro-Ro operations.
The term eight hour average area level means that for any period in which the concentration exceeds 50 parts per million, the concentration shall be maintained for a corresponding period below 50 parts per million.
(ii) When both natural ventilation and the vessel's ventilation system are inadequate to keep the CO concentration within the allowable limits, the employer shall use supplementary means to bring such concentration within allowable limits, as determined by monitoring.
(2) The intakes of portable blowers and any exposed belt drives shall be guarded to prevent injury to employees.
(3) The frames of portable blowers shall be grounded at the source of the current by means of an equipment grounding conductor run with or enclosing the circuit conductors. When the vessel is the source of the current, the equipment grounding conductor shall be bonded to the structure of the vessel. Electric cords shall be free from visible defects.
(b)
(i) Determine whether the grain has been or will be fumigated at the elevator; and
(ii) Determine whether that compartment, or any cargo within it loaded at a prior berth, has been treated with a fumigant or any other chemical.
(2) If fumigant or chemical treatment has been carried out, or if there is reason to suspect that such treatment has been carried out, it shall be determined by atmospheric testing that the compartment's atmosphere is within allowable limits. (See paragraph (b)(3) of this section.)
(3) A test of the fumigant concentration in the atmosphere of the compartment shall be made after loading begins and before employees enter the compartment. Additional tests shall be made as often as necessary to ensure that hazardous concentrations do not develop.
(i) Tests for fumigant concentration shall be conducted by a designated person, who shall be thoroughly familiar with the characteristics of the fumigant being used, the correct procedure for measurement, the proper measuring equipment to be used, the fumigant manufacturers' recommendations and warnings, and the proper use of personal protective equipment to guard against the specific hazard.
(ii) If the concentration in any compartment reaches the level specified as hazardous by the fumigant manufacturer, or exceeds the permissible exposure limits of part 1910, subpart Z of this chapter, whichever is lower, all employees shall be removed from such compartments and shall not be permitted to reenter until tests prove that the atmosphere is within allowable limits.
(iii) No employee shall be permitted to enter any compartment in which grain fumigation has been carried out, or any compartment immediately next to such a compartment, until it has been determined by testing that the atmosphere in the compartment to be entered is within allowable limits for entry.
(iv) In the event a compartment containing a hazardous or unknown concentration of fumigants must be entered for testing of the atmosphere, or for emergency purposes, each employee entering shall be protected by respiratory protective equipment following the provisions of § 1918.102, and by any protective clothing and other
(v) One or more employees on duty shall be equipped and trained to provide any specific emergency medical treatment stipulated for the particular fumigant.
(vi) Emergency equipment required by this paragraph shall be readily accessible wherever fumigated grains are being handled.
(4) If a compartment is treated for local infestation before loading grain by a chemical other than a fumigant, the employee applying the treatment, and any other employees entering the compartment, shall be provided with and required to use any personal protective equipment recommended by the manufacturer of the product to protect them against the effects of exposure.
(c)
(d)
(e)
(f)
(2) After a vessel has arrived at berth for discharge of menhaden, but before personnel enter the hold, and as frequently thereafter as tests show to be necessary, tests shall be made of the atmosphere in the vessel's hold to ensure a safe work space. The tests shall be done for the presence of hydrogen sulfide and for oxygen deficiency.
(3) Tests required by paragraph (f)(2) of this section shall be made by designated supervisory personnel, trained and competent in the nature of hazards and the use of test equipment and procedures.
(4) Before employees enter a hold it shall be tested for hydrogen sulfide and oxygen deficiency. Employees shall not enter the hold when the hydrogen sulfide level exceeds 20 ppm ceiling or when the oxygen content is less than 19.5 percent, except in emergencies.
(a)
(i) Running water, including hot and cold or tepid water, at a minimum of one accessible location (when longshoring operations are conducted at locations without permanent facilities, potable water may be provided instead of running water);
(ii) Soap;
(iii) Individual hand towels, clean individual sections of continuous toweling, or warm air blowers; and
(iv) Fixed or portable toilets in separate compartments with latch-
(2) Washing and toilet facilities shall be regularly cleaned and maintained in good order.
(b)
(2) Potable drinking water containers shall be clean, containing only water and ice, and shall be fitted with covers.
(3) Common drinking cups are prohibited.
(c)
(d)
(a)
(b)
(c)
(d)
(e)
(1) Danger zones on machines and equipment used by employees shall be guarded.
(2) The power supply to machines shall be turned off, locked out, and tagged out during repair, adjustment, or servicing.
(a)
(b)
(c)
(d)
(2) Stretchers shall be kept close to vessels and shall be positioned to avoid damage to the stretcher.
(3) A blanket or other suitable covering shall be available.
(4) Stretchers shall have at least four sets of effective patient restraints in operable condition.
(5) Lifting bridles shall be of adequate strength, capable of lifting 1,000 pounds (454 kg) with a safety factor of five (lifting capability of 5,000 pounds), and shall be maintained in operable condition. Lifting bridles shall be provided for making vertical patient lifts at container berths. Stretchers for vertical lifts shall have foot plates.
(6) Stretchers shall be maintained in operable condition. Struts and braces shall be inspected for damage. Wire mesh shall be secured and have no burrs. Damaged stretchers shall not be used until repaired.
(7) Stretchers in permanent locations shall be mounted to prevent damage
(e)
(2) In addition, when working a barge, scow, raft, lighter, log boom, or carfloat alongside a ship, a U.S. Coast Guard approved 30-inch (76.2 cm) life-ring, with no less than 90 feet (27.43 m) of line shall be provided either on the floating unit itself or aboard the ship in the immediate vicinity of each floating unit being worked.
(f)
(a)
(2) No employee known to have defective uncorrected eyesight or hearing, or to be suffering from heart disease, epilepsy, or similar ailments that may suddenly incapacitate the employee, shall be permitted to operate a crane, winch or other power-operated cargo handling apparatus or a power-operated vehicle.
OSHA is defining suddenly incapacitating medical ailments consistent with the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 (1990). Therefore, employers who act in accordance with the employment provisions (Title I) of the ADA (42 U.S.C. 12111-12117), the regulations implementing Title I (29 CFR Part 1630), and the Technical Assistance Manual for Title I issued by the Equal Employment Opportunity Commission (Publication number: EEOC-M1A), will be considered as being in compliance with this paragraph.
(b)
(2) Each employee newly assigned to supervisory duties after that date shall be required to meet the provisions of this paragraph within 90 days of such assignment.
(3) The accident prevention course shall consist of instruction suited to the particular operations involved.
(a) Any employer who receives a package of hazardous material that 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 residues 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
(c) Markings, placards and labels shall be maintained in a manner that ensures that they are readily visible.
(d) For non-bulk packages that will not be reshipped, the provisions of the section are met if a label or other acceptable marking is affixed in accordance with OSHA's Hazard Communication Standard (29 CFR 1910.1200).
(e) For the purposes of this section, the term “hazardous material” has the same definition as in the Hazardous Materials Regulations (49 CFR parts 171 through 180).
(a)
(b)
(1) Emergency escape procedures and emergency escape route assignments;
(2) Procedures to be followed by employees who remain to operate critical operations before they evacuate;
(3) Procedures to account for all employees after emergency evacuation has been completed;
(4) Rescue and medical duties for those employees who are to perform them;
(5) The preferred means of reporting fires and other emergencies; and
(6) Names or regular job titles of persons or departments that can be contacted for further information or explanation of duties under the plan.
(c)
(d)
(e)
(2) The employer shall review the plan with each employee covered by the plan at the following times:
(i) Initially when the plan is developed;
(ii) Whenever the employee's responsibilities or designated actions under the plan change; and
(iii) Whenever the plan is changed.
(3) The employer shall review with each employee upon initial assignment those parts of the plan that the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. Employers with 10 or fewer employees may communicate the plan orally to employees and need not maintain a written plan.
(a) The employer shall ensure that:
(1) Each affected employee uses appropriate eye and/or face protection where there are exposures to eye and/or face hazards. Such equipment shall comply with American National Standards Institute, ANSI Z-87.1-1989, “Practice for Occupational and Educational Eye and Face Protection.”
(2) For an employee wearing corrective glasses, eye protection equipment required by paragraph (a)(1) of this section shall be of the type that can be worn over glasses. Prescription-ground safety lenses may be substituted if they provide equivalent protection.
(b) Eye protection shall be maintained in good condition.
(c) Used eye protection shall be cleaned and disinfected before issuance to another employee.
(See § 1918.1(b)(8)).
(a) 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.
(b) Such equipment shall comply with American National Standards Institute, ANSI Z-89.1-1986, “Personnel Protection-Protective Headwear for Industrial Workers-Requirements.”
(c) Previously worn protective hats shall be cleaned and disinfected before issuance by the employer to another employee.
(a) 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) Such equipment shall comply with American National Standards Institute, ANSI Z-41-1991, “American National Standard for Personal Protection-Protective Footwear.”
(a)
(2) When necessary, protective clothing shall be cleaned and disinfected before reissuance.
(b)
(2) 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.
(3) Personal flotation devices shall be maintained in safe condition and shall be considered unserviceable when damaged in a manner that affects buoyancy or fastening capability.
This appendix is non-mandatory and provides guidance to part 1918 to assist employers and employees in complying with the requirements of this standard, as well as to provide other helpful information. Nothing in this appendix adds or detracts from any of the requirements of this standard. The language in this appendix is taken directly from the recommended ILO document.
This register is the standard international form as recommended by the International Labour Office in accordance with the ILO Convention No. 152.
The tests, examinations and inspections indicated in this register are based on the requirements of ILO Convention 152 and Recommendation 160. They are intended to ensure that ships having lifting appliances are initially certified by a competent person, and to establish periodically that they continue to be in safe working order to the satisfaction of a competent person acceptable to a competent authority. A Register of lifting appliances and items of loose gear shall be kept in a form prescribed by the competent authority, account being taken of this model recommended by the International Labour Office. This Register and related certificates shall be kept available to
1.1. Every lifting appliance shall be certified by a competent person before being taken into use for the first time to ensure that it is of good design and construction and of adequate strength for the purpose for which it is intended.
1.2. Before being taken into use for the first time, a competent person shall supervise and witness testing, and shall thoroughly examine every lifting appliance.
1.3. Every item of loose gear shall, before being taken into use for the first time, shall be tested, thoroughly examined and certified by a competent person, in accordance with national law or regulations.
1.4. Upon satisfactory completion of the procedures indicated above, the competent person shall complete and issue the Register of lifting appliances and attach the appropriate certificates. An entry shall be made in part I of the Register.
1.5. A rigging plan showing the arrangement of lifting appliances shall be provided. In the case of derricks and derrick cranes, the rigging should show at least the following information:
(a) The position of guys;
(b) The resultant force on blocks, guys, wire ropes and booms;
(c) The position of blocks;
(d) The identification mark of individual items; and
(e) Arrangements and working range of union purchase.
2.1. All lifting appliances and every item of loose gear shall be thoroughly examined by a competent person at least once in every twelve months. The particulars of these thorough examinations shall be entered in part I of the Register.
2.2. Re-testing and thorough examination of all lifting appliances and every item of loose gear is to be carried out:
(a) after any substantial alteration or renewal, or after repair to any stress bearing part, and
(b) in the case of lifting appliances, at least once in every five years.
2.3. The retesting referred to in paragraph 2.2(a) may be omitted provided the part which has been renewed or repaired is subjected by separate test, to the same stress as would be imposed on it if it had been tested in-situ during the testing of the lifting appliance.
2.4. The thorough examinations and tests referred to in paragraph 2.2. are to be entered in part I of the Register.
2.5. No new item of loose gear shall be manufactured of wrought iron. Heat treatment of any existing wrought iron components should be carried out to the satisfaction of the competent person. No heat treatment should be applied to any item of loose gear unless the treatment is in accordance with the manufacturer's instruction; and to the satisfaction of the competent person. Any heat treatment and the associated examination are to be recorded by the competent person in part I of the Register.
3.1. Regular visual inspections of every item of loose gear shall be carried out by a responsible person before use. A record of these regular inspections is to be entered in part II of the Register, but entries need only be made when the inspection has indicated a defect in the item.
4.1. The certification forms to be used in conjunction with this Register (Form No. 1) are as follows:
(Form No. 2)—Certificate of test and thorough examination of lifting appliance.
(Form No. 2(U))—Certificate of test and thorough examination of derricks used in union purchase.
(Form No. 3)—Certificate of test and thorough examination of loose gear.
(Form No. 4)—Certificate of test and thorough examination of wire rope.
(a) The term “competent authority” means a minister, government department, or other authority empowered to issue regulations, orders or other instructions having the force of law.
(b) The term “competent person” means a person appointed by the master of the ship or the owner of the gear to be responsible for the performance of inspections and who has sufficient knowledge and experience to undertake such inspections.
(c) The term “thorough examination” means a detailed visual examination by a competent person, supplemented if necessary by other suitable means or measures in order to arrive at a reliable conclusion as to the safety of the lifting appliance or item of loose gear examined.
(d) The term “lifting appliance” covers all stationary or mobile cargo handling appliances used on board ship for suspending, raising or lowering loads or moving them from one position to another while suspended or supported.
(e) The term “loose gear” covers any gear by means of which a load can be attached to
Name and address of the firm or competent person who witnessed testing and carried out thorough examination.
I certify that on the date to which I have appended my signature, the gear shown in Col. (1) was tested and thoroughly examined and no defects or permanent deformation was found and that the safe working load is as shown.
This certificate is the standard international form as recommended by the International Labor Office in accordance with ILO Convention No. 152.
1. Every lifting appliance shall be tested with a test load which shall exceed the Safe Working Load (SWL) as follows:
2. In the case of derrick systems, the test load shall be lifted with the ship's normal tackle with the derrick at the minimum angle to the horizontal for which the derrick system was designed (generally 15 degrees), or at such greater angle as may be agreed. The angle at which the test was made should be stated in the certificate.
2.1. The SWL shown is applicable to swinging derrick systems only. When derricks are used in union purchase, the SWL (U) is to be shown on Form 2 (U).
2.2. In the case of heavy derricks, care should be taken to ensure that the appropriate stays are correctly rigged.
3. In the case of cranes, the test load is to be hoisted and luffed at slow speed. Gantry and traveling cranes together with their trolleys, where appropriate, are to be traversed and traveled over the full length of their track.
3.1. In the case of variable load-radius cranes, the tests are generally to be carried out with the appropriate test load at maximum, minimum and intermediate radii.
3.2. In the case of hydraulic cranes where limitations of pressure make it impossible to lift a test load 25 percent in excess of the safe working load, it will be sufficient to lift the greatest possible load, but in general this should not be less than 10 percent in excess of the safe working load.
4. As a general rule, tests should be carried out using test loads, and no exception should be allowed in the case of initial tests. In the case of repairs/replacement or when the periodic examination calls for re-test, consideration may be given to the use of spring or hydraulic balances provided the SWL of the lifting appliance does not exceed 15 tonnes. Where a spring or hydraulic balance is used, it shall be calibrated and accurate to within #2 percent and the indicator should remain constant for five minutes.
4.1. If the test weights are not used, this is to be indicated in Col. (3).
5. The expression “tonne” shall mean a tonne of 1000 kg.
6. The terms “competent person”, “thorough examination”, and “lifting appliance” are defined in Form No. 1.
For recommendations on test procedures reference may be made to the ILO document “Safety and Health in Dock Work”.
* Delete as appropriate.
Name and address of the firm or competent person who witnessed testing and carried out thorough examination
I certify that on the date to which I have appended my signature, the gear shown in Col. (1) was tested and thoroughly examined and no defects or permanent deformation
This certificate is the standard international form as recommended by the International Labour Office in accordance with ILO Convention No. 152.
1. Before being taken into use, the derricks rigged in Union Purchase shall be tested with a test load which shall exceed the Safe Working Load (SWL (U)) as follows:
2. Tests are to be carried out at the approved maximum height of the triangle plate above the hatch coaming or at the angle between the cargo runners and with the derrick booms in their working positions, to prove the strength of deck eye plates and the Union Purchase system. These heights or angles must not exceed the values shown on the rigging plan.
3. Tests should be carried out using test loads.
4. The expression “tonne” shall mean a tonne of 1000 kg.
5. The terms “competent person”, “thorough examination” and “lifting appliance” are defined in Form No. 1.
For recommendations on test procedures, reference may be made to the ILO document “Safety and Health in Dock Work”.
Name and address of makers or suppliers:
Name and address of the firm or competent person who witnessed testing and carried out thorough examination.
I certify that the above items of loose gear were tested and thoroughly examined and no defects affecting their SWL were found.
This certificate is the standard international form as recommended by the International Labour Office in accordance with ILO Convention No. 152.
1. Every item of loose gear is to be tested and thoroughly examined before being put into use for the first time and after any substantial alteration or repair to any part liable to affect its safety. The test loads to be applied shall be in accordance with the following table:
1. The SWL for a single sheave block, including single sheave blocks with beckets, is to be taken as one-half of the resultant load on the head fitting.
2. The SWL of a multi-sheave block is to be taken as the resultant load on the head fitting.
3. This form may also be used for the certification of interchangeable components of lifting appliances.
4. The expression “ton” shall mean a ton of 1,000 kg.
5. The terms “competent person”, “thorough examination” and “loose gear” are defined in Form No. 1.
For recommendations on test procedures reference may be made to the ILO document “Safety and Health in Dock Work”.
Name and address of the firm or competent person who witnessed testing and carried out thorough examination.
I certify that the above particulars are correct, and that the rope was tested and thoroughly examined and no defects affecting its SWL were found.
This certificate is the standard international form as recommended by the International Labour Office in accordance with ILO Convention No. 152.
1. Wire rope shall be tested by sample, a piece being tested to destruction.
2. The test procedure should be in accordance with an International or recognized National standard.
3. The SWL of the rope is to be determined by dividing the load at which the sample broke, by a co-efficient of utilization, determined as follows:
These coefficients should be adopted unless other requirements are specified by a National Authority.
4. The expression “tonne” shall mean a tonne of 1000 kg.
5. The terms “competent person”, “thorough examination” and “lifting appliance” are defined in Form No. 1.
For recommendations on test procedures reference may be made to the ILO document “Safety and Health in Dock Work”.
This appendix is mandatory and is to be used in the appropriate sections of part 1918 when certificates or the manufacturers' use recommendations are not available.
This appendix is non-mandatory and provides an explanation of the mechanics in the correct spotting of cargo handling gear.
Although the most prevalent method of cargo handling is accomplished through the use of modern shoreside container gantry cranes, there are occasions when break-bulk cargo is handled with conventional ship's cargo gear. This appendix provides a reference for those unfamiliar with such cargo gear.
Sections 1918.52, 1918.53, and 1918.54 all address the subject of rigging and operating vessel's cargo handling gear. It is important to understand that under the Burton System of cargo handling (conventional gear consisting of two cargo derricks with married falls), the midships or up-and-down boom should be spotted as close to the fore and aft centerline of the hatch as operationally possible. Such spotting of the up-and-down boom will allow the most effective leads for the guy(s) and preventer(s) to safely support the lateral stresses generated in the boom(s) by the married falls. As the lead of the guy(s) and preventer(s) approaches the vertical, in supporting the boom(s) head, the total stress in the guy(s) increases rapidly due to the increased vertical force that is generated in the guy(s) in order to counteract any particular horizontal or lateral force exerted on the boom(s) head. The appreciable vertical forces that are generated in this process are transmitted, in substantial part, to the boom(s) and topping lift(s), causing proportionate compressive stresses in the boom(s) and tension stresses in the topping lift(s).
In general, guys and preventers must be located so that enough vertical resistance is developed so as to prohibit the boom(s) from jackknifing as cargo passes across the deck. Special care must be exercised in the proper placement of guys and preventers associated with the Burton or yard boom. Preventers, when used, must parallel as closely as possible the guys that they support. Guys and preventers must not be attached to the same fitting.
While under a load, the cargo falls (running rigging) must not be permitted to chafe on any standing or other running gear. Special attention must be paid to ensure that cargo runners work freely through the heel
Special stevedoring gear in use prior to January 21, 1998 was covered by § 1918.61(b), in effect prior to January 21, 1998. (See 29 CFR Parts 1911 to 1925 revised as of July 1, 1997). The assumption is made that gear in use prior to January 21, 1998, has already been proof load tested, although not necessarily by an accredited agency. However, if the employer cannot certify that such gear was proof load tested under § 1918.61(b), in effect prior to January 21, 1998, (See 29 CFR Parts 1911 to 1925 revised as of July 1, 1997), than it must be proof load tested in accordance with § 1918.61 in effect on January 21, 1998, (See 29 CFR Parts 1911 to 1925 revised as of July 1, 1998.)
This appendix is non-mandatory and provides guidelines for small businesses, institutions teaching first aid, and the recipients of first aid training.
1. Trainees should develop “hands on” skills through the use of manikins and trainee partners during their training.
2. Trainees should be exposed to acute injury and illness settings as well as the appropriate response to those settings through the use of visual aids, such as video tape and slides.
3. Training should include a course workbook which discusses first aid principles and responses to settings that require interventions.
4. Training duration should allow enough time for particular emphasis on situations likely to be encountered in particular workplaces.
5. An emphasis on quick response to first aid situations should be incorporated throughout the program.
The training program should include instruction in:
1. Injury and acute illness as a health problem.
2. Interactions with the local emergency medical services system. Trainees have the responsibility for maintaining a current list of emergency telephone numbers (police, fire, ambulance, poison control) easily accessible to all employees.
3. The principles of triage.
4. The legal aspects of providing first aid services.
The training program should include instruction in:
1. The assessment of scenes that require first aid services including:
a. general scene safety.
b. likely event sequence.
c. rapid estimate of the number of persons injured.
d. identification of others able to help at the scene.
2. Performing a primary survey of each victim including airway, breathing, and circulation assessments as well as the presence of any bleeding.
3. The techniques and principles of taking a victim's history at the scene of an emergency.
4. Performing a secondary survey of the victim including assessments of vital signs, skin appearance, head and neck, eye, chest, abdomen, back, extremities, and medical alert symbols.
Basic adult CPR training should be included in the program. Retesting should occur every year. The training program should include instruction in:
1. Establishing and maintaining adult airway patency.
2. Performing adult breathing resuscitation.
3. Performing adult circulatory resuscitation.
4. Performing choking assessments and appropriate first aid interventions.
5. Resuscitating the drowning victim.
Trainees should receive instruction in the principles and performance of:
1. Bandaging of the head, chest, shoulder, arm, leg, wrist, elbow, foot, ankle, fingers, toes, and knee.
2. Splinting of the arm, elbow, clavicle, fingers, hand, forearm, ribs, hip, femur, lower leg, ankle, knee, foot, and toes.
3. Moving and rescuing victims including one and two person lifts, ankle and shoulder pulls, and the blanket pull.
Trainees should be provided with adequate instruction on the need for and use of universal precautions. This should include:
1. The meaning of universal precautions, which body fluids are considered potentially infectious, and which are regarded as hazardous.
2. The value of universal precautions for infectious diseases such as AIDS and hepatitis B.
3. A copy of OSHA's standard for occupational exposure to bloodborne pathogens or information on how to obtain a copy.
4. The necessity for keeping gloves and other protective equipment readily available and the appropriate use of them.
5. The appropriate tagging and disposal of any sharp item or instrument requiring special disposal measures such as blood soaked material.
6. The appropriate management of blood spills.
The first aid provider should be responsible for the type, amount, and maintenance of first aid supplies needed for their particular worksite(s). These supplies need to be stored in a convenient area available for emergency access.
Assessment of successful completion of the first aid training program should include instructor observation of acquired skills and written performance assessments. First aid skills and knowledge should be reviewed every three years.
The training program should be periodically reviewed with current first aid techniques and knowledge. Outdated material should be replaced or removed.
Instruction in the principles and first aid intervention in:
a. shock due to injury.
b. shock due to allergic reactions.
c. the appropriate assessment and first aid treatment of a victim who has fainted.
a. the types of bleeding including arterial, venous, capillary, external, and internal.
b. the principles and performance of bleeding control interventions including direct pressure, pressure points, elevation, and pressure bandaging.
c. the assessment and approach to wounds including abrasions, incisions, lacerations, punctures, avulsions, amputations, and crush injuries.
d. the principles of wound care including infection precautions, wounds requiring medical attention, and the need for tetanus prophylaxis.
Instruction in the principles and first aid intervention of:
a. alkali, acid and systemic poisons. In addition, all trainees should know how and when to contact the local Poison Control Center.
b. inhaled poisons including carbon monoxide, carbon dioxide, smoke, and chemical fumes, vapors and gases as well as the importance of assessing the toxic potential of the environment to the rescuer and the need for respirators.
Trainees should be instructed in the acute effect of chemicals utilized in their plants, the location of chemical inventories, material safety data sheets (MSDS's), chemical emergency information, and antidote supplies.
c. topical poisons including poison ivy, poison sumac, poison oak, and insecticides.
d. drugs of abuse including alcohol, narcotics such as heroin and cocaine, tranquilizers, and amphetamines.
Instruction in the principles and first aid intervention of:
a. assessing the severity of the burn including first degree, second degree, and third degree burns.
b. differentiating between the types of third degree burns (thermal, electrical, and chemical) and their specific interventions. Particular attention should be focused upon chemical burns, and the use of specific chemicals in the workplace which may cause them.
Instruction in the principles and first aid intervention of:
a. exposure to cold including frostbite and hypothermia.
b. exposure to heat including heat cramps, heat exhaustion, and heat stroke.
The training program should include instruction in the principles and first aid intervention in:
a. open fractures, closed fractures, and splinting.
b. dislocations, especially the methods of joint dislocations of the upper extremity. The importance of differentiating dislocations from fractures.
c. joint sprains.
d. muscle strains, contusions, and cramps.
e. head, neck, back, and spinal injuries.
Instruction in the principles and first aid intervention in:
a. human and animal (especially dog and snake) bites.
b. bites and stings from insects (spiders, ticks, scorpions, hornets and wasps). Interventions should include responses to anaphylactic shock; other allergic manifestations; rabies and tetanus prophylaxis.
Instruction in the principles and first aid intervention of:
a. heart attacks
b. strokes
c. asthma attacks
d. diabetic emergencies including diabetic coma, insulin shock, hyperglycemia, and hypoglycemia.
e. seizures including tonic-clonic and absence seizures. Importance of
f. pregnancy including the appropriate care of any abdominal injury or vaginal bleeding.
a. the danger of entering a confined space to administer first aid without having the appropriate respiratory protection.
b. if first aid personnel will be required to assist evacuations from confined spaces, additional training will be needed.
Instruction in the principles and first aid intervention of injuries to the following sites:
a. including skull fractures, concussions, and mental status assessments with particular attention to temporary loss of consciousness and the need for referral to a physician.
b. including the appropriate approach to the management of the individual who has suffered a potential neck injury or fracture.
a. foreign bodies, corneal abrasions and lacerations.
b. chemical burns and the importance of flushing out the eye.
c. the importance of not applying antibiotics without physician supervision.
a. nose injuries and nose bleeds.
a. oral injuries, lip and tongue injuries, and broken and removed teeth. The importance of preventing inhalation of blood and teeth.
a. rib fractures, flail chest, and penetrating wounds.
a. blunt injuries, penetrating injuries, and protruding organs.
a. finger/toe nail hematoma, lacerations, splinters, finger nail avulsion, ring removal, and foreign bodies.
b. the importance of identifying amputation care hospitals in the area. When an amputation occurs, appropriate handling of amputated fingers, hands, and feet during the immediate transportation of the victim and body part to the hospital.
This listing is provided for informational purposes only. It is compiled and kept up-to-date by the Department of Labor. This index is updated as of July 1, 2006.
Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
(a) The regulations in this Part implement §§ 1915.115, 1917.50 and 1918.11 of this chapter. They provide procedures and standards governing accreditation of persons by the Occupational Safety and Health Administration, U.S. Department of Labor, for the purpose of certificating vessels' cargo gear and shore-based material handling devices, and the manner in which such certification shall be performed.
(b) Accreditation is not required, and the regulations of this part are not applicable, under the following circumstances:
(1) When cargo gear certification is performed for vessels inspected and certificated under the authority of the U.S. Coast Guard,
(2) When cargo gear certification is performed for shore-based material handling devices under standards established and enforced by the States wherein the devices are located, or by political subdivisions delegated this responsibility by the States, provided such standards meet the requirements of § 1917.50(b)(2) of this chapter.
(c) Persons not required to be accredited for gear certification purposes, as set forth in paragraph (b) of this section, may, nevertheless, apply for and receive accreditation by the Administration. The appropriate subparts of this part shall apply to persons accredited pursuant to this paragraph except insofar as exemptions may be granted.
(a)
(b) Except as otherwise noted,
(c) With reference to equipment covered by this part—
(1)
(i) When applied to vessels' cargo handling gear, a mechanical device for lifting, including a boom which is suspended at its head by a topping lift from a mast, king post, or similar structure, controlled in the horizontal plane by vangs, and used either singly or in pairs with married falls;
(ii) When applied to shore-based material handling devices, a mechanical device intended for lifting, with or without a boom supported at its head by a topping lift from a mast, fixed A frame, or similar structure. The mast or equivalent member may or may not be supported by guys or braces. The boom, where fitted, may or may not be controlled in the horizontal plane by guys (vangs). The term includes shear legs.
(2)
(3)
(4)
(d)
(e)
(f)
(g)
(1) An individual qualified to perform gear certification functions with respect to vessels' cargo handling gear, as specifically set forth in § 1919.37.
(2) An individual qualified under the provisions of subparts F and G of this part to perform gear certification functions with respect to shore-based material handling devices.
(h)
(i)
(a)
(b)
(1) A statement detailing the applicable types of work performed by the applicant in the past, noting the amount and extent of such work performed within the previous three years, listing representative vessels involved, and including representative job orders, if available, or equivalent evidence;
(2) Descriptive details concerning any testing instruments and heat treatment furnaces which are to be used in conducting required tests or heat treatments. Test reports indicating that instruments meet the accuracy standards set forth in this part shall be included;
(3) A list setting forth the ports in which applicant currently conducts his business as well as those in which he proposes to conduct gear certification activities;
(4) A list of the applicant's responsible qualified personnel, both supervisory and managerial and including any surveyors, with resumes of their individual experience in the testing, examination, inspection and heat treatment of cargo gear. Such list shall include any branch office personnel or surveyors appointed to act in the applicant's behalf in any of the ports of the United States:
(5) A detailed schedule of the fees proposed to be charged for the various gear certification services;
(6) Evidence of financial stability;
(7) Names of at least three business references who will furnish information regarding work performed by applicant;
(8) Any additional information the applicant deems to be pertinent.
(a) Upon receipt of an application for accreditation, the Assistant Secretary shall approve or deny the application. The Assistant Secretary may conduct an investigation, which may include a hearing, prior to approving or denying an application. To the extent he deems appropriate, the Assistant Secretary may provide an opportunity to other interested persons to present data and views on the application prior to approval or denial.
(b) Any application which fails to present the information required by the prescribed form may be returned to the applicant with a notation of deficiencies and without prejudice to submission of a new or revised application.
(c) If the application is approved, notice of approval shall be mailed to the applicant. If the application is denied, notice of such denial shall be mailed to the applicant and such denial shall be without prejudice to any subsequent application except where such action is deemed to be in the public interest. In the event an application is denied with prejudice, the provisions of § 1919.9 shall be applicable.
(d) A copy of the notice of accreditation shall be kept on file by applicant at the applicant's place of business.
The period of accreditation shall not exceed three years. Applications for renewal of accreditation shall be made on the same form as described in § 1919.3. No accreditation shall expire until action on an application for renewal shall have been finally determined, provided that such application has been properly executed in accordance with § 1919.3 and filed with and received by the Assistant Secretary not less than 15 nor more than 60 days prior to the expiration date. A final determination means either the approval or initial denial of the application for renewal. The procedure specified in § 1919.4 shall be applicable to all applications for renewal.
(a)(1) A person applying for accreditation to issue registers and pertinent certificates, to maintain registers and appropriate records, and to conduct initial, annual and quadrennial surveys shall not be accredited unless he is engaged in one or more of the following activities:
(i) Classification of vessels;
(ii) Certification of vessels' cargo gear;
(iii) Shipbuilding or ship repairing, or both insofar as related to work on vessels' cargo handling gear;
(iv) Unit and loose gear testing of vessels' cargo handling gear.
(2) Applicants for accreditation under paragraph (a)(1) of this section for operations in coastal or Great Lakes ports who come within paragraph (a)(1) (ii) or (iv) shall not be accredited unless they conduct at least 1,500 hours of cargo gear certification work per year.
(b) A person applying for accreditation to carry out tests of loose gear or wire rope, or both, or to carry out heat treatments, and to issue the related certificates, shall be engaged in one or both of the following activities:
(1) Testing of loose gear or wire rope, or both;
(2) Heat treatment of chains and loose cargo gear.
(c)(1) A person applying for accreditation shall be staffed by individuals technically qualified to conduct the inspections and examinations and to conduct or supervise tests and heat treatments prescribed in this part. Any representatives, agents or surveyors acting on behalf of a person applying for accreditation in ports in which such operations are conducted shall be similarly qualified.
(2) Accreditation to conduct such nondestructive examination as may be a part of any certification activity may be granted to applicants found competent and equipped to carry out this activity.
(d) Except as noted in § 1919.1(c), and unless exemptions are granted under § 1919.10(h), a person applying for accreditation as specified in paragraph (a) of this section shall be prepared to carry out all of the requirements of subparts C, D, and E, of this part except that loose gear and wire rope tests and heat treatments may be carried out by the manufacturer of the gear concerned or by another person accredited specifically for this purpose.
(e) A person applying for accreditation shall have a satisfactory record of performance, and shall be in sound financial condition.
The accreditation of any person may be voluntarily amended or terminated upon written request filed with the Assistant Secretary.
The Assistant Secretary may suspend or revoke the accreditation of any person for cause. Except in cases of willfulness or cases in which the public interest requires otherwise, before any accreditation is suspended or revoked, facts or conduct which may warrant such action shall be called to the attention of the person involved in writing and that person shall be afforded an opportunity to achieve or demonstrate appropriate compliance.
(a) Any person aggrieved by the action of the Assistant Secretary or his authorized representative in denying, granting, suspending or revoking an accreditation under this part may within 15 days after such action, (1) file a written request for reconsideration thereof by the Assistant Secretary or the authorized representative of the Assistant Secretary who made the decision in the first instance, or (2) file a written request for review of the decision by the Assistant Secretary or an authorized representative of the Assistant Secretary, who has taken no part in the action which is the subject for review.
(b) A request for reconsideration shall be granted where the applicant shows that there is additional evidence which may materially affect the decision and that there were reasonable grounds for failure to adduce such evidence in the original proceedings.
(c) Any person aggrieved by the action of the Assistant Secretary or authorized representative of the Assistant Secretary in denying a request for reconsideration may, within 15 days after the denial of such request, file with the Assistant Secretary or his authorized representative a written request for review.
(d) Any person aggrieved by the reconsidered determination of the Assistant Secretary or authorized representative of the Assistant Secretary, may within 15 days after such determination, file with the Assistant Secretary a written request for review.
(e) A request for review shall be granted where reasonable grounds for the review are set forth in the request.
(f) If a request for reconsideration or review is granted, all interested persons shall be afforded an opportunity to present their views.
(g) No cargo gear certification function shall be performed by any person seeking reconsideration or review under this section pending the final decision with respect to such reconsideration or review.
(a) Except as noted in § 1919.1 and in paragraph (h) of this section, the requirements set forth in subparts D and E of this part shall be strictly adhered to in all testing, examinations, inspections, and heat treatments.
(b) Supervision of all testing, examinations, inspections, and heat treatments shall be carried out only by such persons as are listed in the application for accreditation, or subsequent supplements thereto, submitted pursuant to this part.
(c) The certificates issued by an accredited person shall be signed and all register entries made only by an authorized agent of such accredited person. No certification shall be issued until any deficiencies considered by
(d) Dynamometers or other recording test equipment owned by an accredited person shall have been tested for accuracy within the six months next preceding application for accreditation or renewal of same. Such test shall be performed with calibrating equipment which has been checked in turn so that indications are traceable to the National Bureau of Standards. A copy of test reports shall accompany the application. Where test equipment is not the property of the accredited person, that person shall not issue any certificate based upon the use of such equipment unless its owner has made available a certificate of accuracy based on the requirements of this paragraph, obtained within 1 year prior to such use and stating the errors of the equipment. Reasonable standards of accuracy shall be met and proof loads adjusted as necessary.
(e) An accredited person shall, upon request, provide the nearest local office of the Administration with advance information as to scheduled testing or of such other functions as are performed and facilitate the Administration's observation of any such activities as it may desire to witness:
(f) All cargo gear registers or certificates issued by an accredited person shall be made on forms prescribed or approved by the Administration.
(g) Unless otherwise instructed by the Assistant Secretary in specific instances, any person accredited under § 1919.6(a) shall accept certificates, relating to loose gear or wire rope tests or to heat treatments which are issued by the manufacturer of the gear concerned, by another person accredited specifically by the Assistant Secretary for this purpose, or by any other person whose certificates are acceptable to the Administration. Such certificates shall either be attached as a part of the vessel's certification or shall be used as the basis for the issuance of the accredited person's own loose gear, wire rope, or heat treatment certificates. In the latter case, the original certificates shall be kept on file by the accredited person as part of the permanent record of the vessel concerned.
(h) In case of practical difficulties or unnecessary hardships, the Assistant Secretary in his discretion may grant exemptions from any provision of subparts C, D, and E of this part.
(a) An accredited person shall maintain records of all work performed under subparts D and E of this part.
(b) An accredited person shall maintain a continuous record of the status of the certification of each vessel issued a register by such person.
(c) The records required in paragraphs (a) and (b) of this section shall be available for examination by the Assistant Secretary.
(d) When annual or quadrennial tests, inspections, examinations, or heat treatments are performed by an accredited person, other than the person who originally issued the vessel's register, such accredited person shall furnishcopies of any certificates issued and information as to register entries to the person originally issuing the register.
(e) An accredited person shall inform the nearest local office of the Administration whenever a vessel is initially certificated under these regulations and a register in the prescribed form has been issued.
(f) A copy of each certificate relating to unit tests or thorough examinations, except those issued by the manufacturer and those issued by accredited persons outside of the United States, shall be sent to the nearest local office of the Administration within 10 days after issuance. Such records shall form a part of the Administration's file on the accredited person.
(g) An accredited person shall promptly notify the nearest local office of the Administration with respect to any changes in technical personnel, in fee schedules in geographical areas in which operations are conducted, or other pertinent substantial changes in its organization or operations.
(a) A fully completed and up-to-date register shall be kept in the form prescribed or approved by the Administration, giving the particulars required with respect to:
(1) The inspections and thorough examinations required by § 1919.15(a) and (b).
(2) The thorough examinations required by § 1919.15(c).
(3) The thorough examinations required by § 1919.17.
(4) The heat treatment required by § 1919.16 (a) and (b), and § 1919.19.
(b) Certificates in the form prescribed or approved by the Administration shall be kept up-to-date, be attached to the register, and shall contain the particulars required with respect to:
(1) The testing and examinations required by §§ 1919.14, 1919.15(a), and 1919.19.
(2) The heat treatment required by §§ 1919.16 and 1919.19.
(c) The certificates and entries in the register shall be signed by a person qualified under § 1919.37.
(d) Adequate means shall be provided to enable persons examining the register, or any certificate attached thereto, to identify items of cargo gear referred to therein. Small items of gear, such as shackles, shall bear a mark to indicate that they have been initially tested.
(e) Records shall be kept aboard vessels identifying wire rope or articles of loose gear obtained from time to time and required to be certificated under the regulations of this part.
(f) An accredited person shall instruct the vessel's officers, or the vessel's operator if the vessel is unmanned, that the vessel's register and certificates shall be preserved for at least 4 years after the date of the latest entry except in the case of nonrecurring test certificates concerning gear which is kept in use for a longer period, in which event the pertinent certificates shall be retained so long as that gear is continued in use.
(g) In cases where derricks, spouts, suckers, or cranes are mounted permanently aboard barges which remain in domestic inland waters service, the certification documentation shall comply with the provisions of § 1919.90 of this part.
(a) Except as noted in § 1919.1 and as provided in exemptions under § 1919.10(h), certification performed by accredited persons shall conform to the requirements contained in this subpart.
(b) Safe working loads assigned to assembled units of gear, shall be based on applicable design criteria acceptable to the accredited person. Where no design data on which to base a rating is obtainable, the safe working load ratings assigned shall be based on the owner's information and warranty that those so assigned are correct. Unit test certificates shall state the basis for any such safe working load assignment.
(a)(1) Before being taken into use, hoisting machines, fixed gear aboard vessels accessory thereto, and loose gear and wire rope used in connection therewith shall be tested and examined and the safe working load thereof certified in the manner set forth in subpart E of this part.
(2) Replacement or additional loose gear and wire rope obtained from time to time shall also be tested and examined in the manner set forth in paragraph (a)(1) of this section. However, the replacement of a component part of an article of loose gear such as a sheave, pin, or bushing does not require a new test certificate as long as the new component at least equals in all particulars the part replaced.
(b) In the case of untested gear which has been in use, an initial test in conformance with paragraph (a)(1) of this section shall be carried out:
(c) In the case of important alterations or renewals of the machinery and gear and also after repairs due to failure of or damage to other than loose components, a test as required in paragraph (a)(1) of this section shall be carried out.
(d) If the operation in which cargo gear is engaged never utilizes more than a fraction of the safe working load rating, the owner may, at his option, have said gear certificated for, and limited in operation to, a lesser maximum safe working load:
(e) In no case shall safe working loads be increased beyond the original design limitations unless such increase is based on engineering calculations by or acceptable to the accredited certification agency, and all necessary structural changes are carried out.
After being taken into use, every hoisting machine, all fixed gear aboard vessels accessory thereto and loose gear used in connection therewith shall be tested, thoroughly examined or inspected as follows:
(a) Derricks with their winches and accessory gear, including the attachments, as a unit; and cranes and other hoisting machines with their accessory gear, as a unit, shall be tested and thoroughly examined every four years in the manner set forth in subpart E of this part.
(b) Derricks, their permanent attachments and any other fixed gear, the dismantling of which is especially difficult, shall be visually inspected every twelve months. In order to facilitate such inspection, all derricks shall be lowered.
(c) All hoisting machines (e.g., cranes, winches, blocks, shackles, and all other accessory gear) not included in paragraph (b) of this section shall be thoroughly examined every 12 months by means of a visual examination, supplemented as necessary by other means, such as a hammer test or with electronic, ultrasonic, or other nondestructive methods, carried out as carefully as conditions permit in order to arrive at a reliable conclusion as to the safety of the parts examined. Particular attention shall be paid to the suitability for continued use of all swivels and the pins and bushings of blocks. If necessary, parts of the machines or gear shall be dismantled. If blocks are disassembled, all shell bolt nuts shall be securely locked upon reassembly.
(d) Where a derrick or crane is mounted on a barge hull, and ballast tanks within the hull are used to facilitate use of the derrick or crane, or uncontrolled free surface may be a factor, each annual inspection or examination, as required, shall include such inspection as is necessary for the purpose of determining the integrity of any internals contributing to stability under conditions of use. The owner shall provide the accredited person with necessary information on any ballasting arrangements required.
(e) Annual inspection or examination, as required, shall include, among other things, examination of the following:
(1) Derrick heel attachment points. Heel pins may, if possible, be examined by nondestructive examination.
(2) Shrouds and stays necessary in the use of the gear, together with attachment points.
(3) Deck fittings for the securing of vangs, topping lifts, and/or preventers.
(4) Means of attachment to the hull of “A” frame or other fixed derrick or crane structure and of mobile types of equipment permanently placed aboard the barge or vessel.
(5) Clamshell buckets or other similar equipment, such as magnets, etc., used in conjunction with a derrick or crane mounted aboard a vessel, with particular attention to closing line
(6) Winch and other operating drums for excessive wear or defect.
(a) All chains (other than bridle chains attached to derricks or masts), rings, hooks, shackles, and swivels made of wrought iron, which are used in hoisting or lowering, shall be annealed in accordance with § 1919.36 at the following intervals:
(1) Half-inch and smaller chains, rings, hooks, shackles and swivels in general use, at least once every six months; and
(2) All other chains, rings, hooks, shackles, and swivels in general use, at least once every twelve months.
(3) In the case of gear used solely on lifting machinery worked by hand, twelve months shall be substituted for six months in paragraph (a)(1) of this section and two years for twelve months in paragraph (a)(2) of this section.
(4) When used in this paragraph, the term “in general use” means used on fifty-two or more days in a year. In any case, however, the period between annealings shall not exceed two years.
(b) Chains, rings, hooks, shackles, and swivels made of material other than wrought iron or steel shall be heat treated when necessary in accordance with § 1919.36(b).
Gear made of steel, or gear which contains (as in ball bearings swivels), or is permanently attached to (as with blocks) equipment made of materials which cannot be subjected to heat treatment shall be exempt from the requirements of § 1919.16. Such gear, however, shall be thoroughly examined in the manner described in § 1919.15(c).
Grace periods allowed in connection with the requirements of this subpart are as follows:
(a) Annual or six-month requirements—by the end of the voyage during which they become due;
(b) Quadrennial requirements—within six months after the date when due;
(c) Grace periods shall not be deemed to extend subsequent due dates.
Chains or other gear which have been lengthened, altered or repaired by welding shall be properly heat treated where necessary, and, before again being put into use, shall be tested and reexamined in the manner set forth in subpart E of this part.
(a) Pursuant to § 1918.51(b) of this chapter, any derrick or associated permanent fitting which is deformed in service between surveys shall be subjected to proof test to determine its suitability for continued service. If a proof test indicates that the derrick or associated permanent fitting may be continued in service without repair, a note of the existing deformity shall be made on the test certificate. When, in the opinion of the accredited person, it is unsafe to conduct a proof test with an existing deformity, the derrick or associated permanent fitting shall be replaced or repaired and then subjected to proof test in accordance with subpart E of this part.
(b) Any loose gear components which are injured or deformed by a proof load shall be replaced before a certificate is issued.
(c) Any derrick, other fixed installation, or associated permanent fitting which is injured or deformed by a proof load shall be replaced or repaired and another proof load test shall be conducted without damage before a certificate is issued.
(a) The safe working load of the assembled gear and the minimum angle to the horizontal at which this load may be applied shall be plainly marked at the heels of all booms along with the date of the test. Where gear is certificated for use in union purchase, the union purchase safe working load shall also be plainly marked. Any limitations shall be noted in the vessel's papers.
(b) The safe working load shall be marked on all blocks used in hoisting or lowering.
(c) When the capacity of the boom of a crane or derrick has been or will be rated in accordance with the variance of its radius, the maximum safe working loads for the various working angles of the boom and the maximum and minimum radii at which the boom may be safely used shall be conspicuously posted near the controls and visible to the crane operator. Ratings may be stated in pounds. When they are stated in tons of 2,000 pounds, this fact shall be indicated.
All types of winches and cranes shall be provided with means to stop and hold the proof load in any position, and the efficiency of such means shall be demonstrated. Electric winches, electrohydraulic winches fitted with electromagnetic or hydraulic brakes at the winch, or electric cranes shall be equipped so that a failure of the electric power shall stop the motion and set the brakes without any action on the part of the operator. Current for operation of electric winches and cranes during the tests shall be taken from the vessel's circuits. Shore current may be used if it passes through the vessel's main switchboard.
Appropriate measures shall be taken to prevent the foot of a derrick from being accidentally lifted from its socket or support during the test.
(a) An eye splice made in any wire rope shall have at least three tucks with a whole strand of rope and two tucks with one-half of the wires cut out of each strand. However, this requirement shall not operate to preclude the use of another form of splice or connection which can be shown to be as efficient and which is not prohibited by part 1918 of this chapter.
(b) Except for eye splices in the ends of wires, each wire rope used in hoisting or lowering, in guying derricks, or as a topping lift, preventer or pendant shall consist of one continuous piece without knot or splice.
(c) Eyes in the ends of wire rope cargo falls shall not be formed by knots and, in single part falls, shall not be formed by wire rope clips.
(d) The ends of falls shall be secured to the winch drums by clamps, U-bolts, shackles or some other equally strong method. Fiber rope fastenings shall not be used.
(e) Wire rope shall not be used for the vessel's cargo gear if in any length of eight diameters, the total number of visible broken wires exceeds 10 percent of the total number of wires, or if the rope shows other signs of excessive wear, corrosion, or defect. Particular attention shall be given to the condition of those sections of wire rope adjacent to any terminal connections, those sections exposed to abnormal wear, and those sections not normally exposed for examination.
Chains forming a part of vessel's cargo gear shall not be used when, due to stretch, the increase of length of a measured section exceeds five percent, when a link is damaged, or when other external defects are evident. Chains shall not be shortened by bolting, wiring, or knotting.
Before any test under this subpart E is carried out, a visual inspection of the gear involved shall be conducted and any visibly defective gear shall be replaced or repaired. The provisions of § 1919.15(d) shall be adhered to.
(a) Winches, with the whole of the gear accessory thereto (including derricks, goosenecks, eye plates, eye bolts, or other attachments), shall be tested with a proof load which shall exceed the safe working load as follows:
(b) The proof load shall be lifted with the vessel's normal tackle with the derrick at an angle not more than 15 degrees to the horizontal, or, at the designed minimum angle when this is greater, or, when this is impracticable, at the lowest practicable angle. The angle at which the test was made shall be stated in the certificate of test. After the proof load has been lifted, it shall be swung as far as possible in both directions. In applying the proof load, the design factors of the gear concerned will determine whether the load is applied with a single part fall or with a purchase and the certificate of test shall state the means used. Where winches are fitted with mechanical brakes for manual operation they shall be demonstrated to be in satisfactory operating condition.
(c) In the case of heavy lift derrick barges, proof loads shall be applied, except as limited by design and stability considerations, at the maximum and minimum radii for which designed, as well as at any intermediate radius which the surveyor may deem necessary, and shall be swung as far as possible in both directions. Data with respect to each proof load applied shall be entered in the test certificate.
(d) No items of cargo gear furnished by outside sources shall be used as a part of the vessel's gear for the purpose of accomplishing the proof test.
(e) All tests prescribed by this section should in general be carried out by dead load, except that in the case of quadrennial tests, replacements, or renewals, spring or hydraulic balances may be used where dead loads are not reasonably available. However, no exception shall be allowed in the case of gear on new vessels.
(f) The test shall not be regarded as satisfactory unless the indicator remains constant under the proof load for a period of at least 5 minutes.
(g)(1) The safe working load, determined pursuant to the requirements of this section, shall be applicable only to a swinging derrick. When using two fixed derricks in “union purchase” rigs, the safe working load should generally be reduced. It is recommended that owners obtain union purchase safe working load certification based upon design study and analysis by, or acceptable to, a qualified technical office of an accredited gear certification agency, with the recognition that such determinations are valid only for the conditions contemplated in the analysis.
(2) Where both guys and preventers are fitted, union purchase certification shall state whether the guy or the preventer is the working strength member, when the guy is for slewing only, and when the guy and preventer should share working loads as far as practicable.
(h) When necessary in the proof testing of heavy derricks, the appropriate shrouds and stays shall be rigged.
(a) Except as noted in paragraph (e) of this section, cranes and other hoisting machines, together with gear accessory thereto, shall be tested with a proof load which shall exceed the safe working load as follows:
(b) The proof load shall be lifted and swung as far as possible in both directions. If the jib or boom of the crane has a variable radius, it shall be tested with proof loads, as specified in paragraph (a) of this section, at the maximum and minimum radii. In the case of hydraulic cranes, when due to the limitation of pressure it is impossible to lift a load 25 percent in excess of the safe working load, it will be sufficient to lift the greatest possible load.
(c) Initial proof tests of new cranes shall be made only with a dead load as specified in paragraph (b) of this section.
(d) Initial tests of cranes which have been in service, quadrennial tests, or tests associated with replacements or renewals, may be made with spring or hydraulic balances where dead loads are not reasonably available under the following conditions:
(1) Tests shall be conducted at maximum, minimum, and intermediate radius points, as well as such points in the arc of rotation as meet with the approval of the accredited person.
(2) An additional test shall be conducted with partial load and shall include all functions and movements contemplated in the use of the crane.
(e) In cases where shore-type cranes are mounted permanently aboard barges, the requirements of this Subpart E with respect to unit proof tests and examinations shall not apply and the applicable requirements of Subpart H of this part shall be adhered to with respect to unit proof tests and examinations.
The proof loads specified by §§ 1919.27 and 1919.28 shall be adjusted as necessary to meet any pertinent limitations based on stability and/or on structural competence at particular radii. Safe working loads shall be reduced accordingly.
(a) After satisfactory completion of the unit proof load tests required by §§ 1919.27 and 1919.28, the cargo gear and all component parts thereof shall be given a thorough visual examination, supplemented as necessary by other means, such as a hammer test or with electronic, ultrasonic, or other nondestructive methods, to determine if any of the parts were damaged, deformed, or otherwise rendered unsafe for further use.
(b) When the test of gear referred to in paragraph (a) of this section is being conducted for the first time on a vessel, accessory gear shall be dismantled or disassembled for examination after the test. The sheaves and pins of the blocks included in this test need not be removed unless there is evidence of deformation or failure.
(c) For subsequent tests such parts of the gear shall be dismantled or disassembled after the test as necessary to determine their suitability for continued service.
(d) When blocks are disassembled all shell bolt nuts shall be securely locked upon reassembly.
(e) In carrying out the requirements of this section, replacement shall be required of:
(1) Any swivel found to have excessive tolerance as a result of wear on any bearing surface.
(2) Pins of blocks found to be shouldered, notched, or grooved from wear, in which case, in addition to replacing the pin, sheave bushings shall be examined for suitability for continued use.
(a) Chains, rings, shackles and other loose gear (whether accessory to a machine or not) shall be tested with a proof load against the article equal to that shown in the following table:
(b) In cases where persons accredited to carry out loose gear tests may be retained to conduct tests of special stevedoring gear as described in § 1918.61(b) of this chapter, which does not form part of a vessel's equipment, such tests shall adhere to the requirements set forth in § 1918.61(b) (1), (2), and (3) of this chapter.
(c) After being tested as required by paragraph (a) of this section, and before being taken into use, all chains, rings, hooks, shackles, blocks or other loose gear, except as noted in § 1919.32, shall be thoroughly examined, the sheaves and pins of the blocks being removed for this purpose, to determine whether any part has been injured or permanently deformed by the test. Shell bolt nuts shall be securely locked upon reassembly. Defective loose gear components shall be replaced before the certificate is issued.
(d) Any certificate relating to shackles, swivels or strength members of single-sheave blocks which have been restored to original dimensions by welding shall state this fact.
(a) Blocks and connecting components of an unusual nature which are specially designed and constructed as an integral part of a particular lifting unit and are either permanently affixed or of such design that two or more components must be tested together need not be considered as loose gear for purposes of § 1919.31.
(b) In lieu of the loose gear proof test required by § 1919.31(a), design data shall be submitted to an accredited certification agency indicating design and material specifications and analysis whereby the designed strength of such gear may be determined.
(c) Subsequent to the test of the lifting unit as a whole, a thorough visual examination shall be made of disassembled parts and an electronic, ultrasonic, or other equally efficient nondestructive examination shall be made of those parts not dismantled to ensure the safe condition of such parts.
Wire rope, except as provided in § 1919.14(b), shall be tested by sample, a piece being tested to destruction, and the safe working load of running ropes, unless otherwise acceptable to the Administration on the basis of design, shall not exceed one-fifth of the breaking load of the sample tested. In the case of running ropes used in gear with a safe working load exceeding 10 tons, the safe working load shall not exceed one-fourth of the breaking load of the sample tested.
When proof loads are applied after repairs or alterations, all parts of the assembled gear shall be examined as required in §§ 1919.30, 1919.31(c), or 1919.32(c), whichever is applicable.
When both unit and loose gear proof load tests are required, the loose gear test may be carried out after completion of the unit test.
(a) The annealing of wrought iron gear required by this part shall be accomplished at a temperature between 1100° and 1200 °F. and the exposure shall be of between 30 and 60 minutes duration. After being annealed, the gear shall be allowed to cool slowly and shall then be carefully inspected. All annealing shall be carried out in a closed furnace.
(b) When heat treatment of loose gear made of other than wrought iron or steel is recommended by the manufacturer, it shall be carried out in accordance with the specifications of the manufacturer.
All gear certification functions shall be performed by competent persons as set forth in the following table:
(a) A person applying for accreditation to carry out certification activities and to issue and maintain the requisite records must be:
(1) A manufacturer of cranes or derricks or of specialized equipment of the type for which accreditation application is made, or a person or organization representing such a manufacturer in a technical capacity; or
(2) Technically experienced and qualified to carry out examinations and/or testing, as applicable, of vessels or shore-based equipment or gear of the type for which accreditation application is made.
(b) The owner of shore-based equipment affected may designate a member of his organization to carry out certification functions respecting the owner's equipment, on the following conditions:
(1) The designee is technically experienced and qualified in the inspection and maintenance or design of the type of equipment involved, aside from employment as an operator only.
(2) The designee has applied to an accredited, nationally operating certification agency and has been granted appointment or equivalent recognition by that agency as a surveyor for the purpose intended.
(3) Certification activities carried out by the designee are cleared through the offices, and are subject to the approval, of the accredited certificating agency. When equipment is found satisfactory for use upon any survey, said equipment may be used pending receipt of notification of such approval or any disapproval.
(4) In cases where equipment is certificated by a person designated by the equipment owner, the cognizant accredited certification agency retains the right to inspect such equipment as desired and convenient in order to ascertain the adequacy of the certification activity performed.
(c) Accreditation to conduct such nondestructive examination as may be a part of any certification activity may be granted to applicants found competent and equipped to carry out this activity.
(d) Unless exemptions are granted at the discretion of the Assistant Secretary in cases of practical difficulties or unnecessary hardship, applicants for accreditation as specified in this section shall be prepared to carry out all necessary functions, except that any requisite wire rope tests, nondestructive examinations, and heat treatments may be carried out by the manufacturer of the gear concerned or by another person accredited specifically for these purposes.
(e) A person applying for accreditation shall have a satisfactory record of relevant experience and performance, and shall be in sound financial condition.
The provisions of §§ 1919.3, 1919.4, 1919.5, 1919.7, 1919.8, and 1919.9 shall govern accreditation to certificate
(a) The requirements of subpart H of this part shall be strictly observed:
(b) Except as otherwise noted in this part, all functions required by subpart H of this part shall be carried out by or under the supervision of a person accredited for the purpose or by his authorized representative.
(c) All required unit proof load tests shall be carried out by the use of weights as a dead load. Only where this is not possible may dynamometers or other recording test equipment be used. Any such recording test equipment owned by an accredited person shall have been tested for accuracy within the 6 months next preceding application for accreditation or renewal thereof. Such test shall be performed with calibrating equipment which has been checked in turn so that indications are traceable to the National Bureau of Standards. A copy of test reports shall accompany the accreditation application. Where test equipment is not the property of the accredited person, that person shall not issue any certificate based upon the use of such equipment unless its owner has made available a certificate of accuracy based on the requirements of this paragraph obtained within the year prior to such use, and stating the errors of the equipment. In any event, reasonable standards of accuracy shall be met and proof loads adjusted as necessary.
(d) The qualifications of any person appointed or recognized by any accredited person for the purpose of carrying out certification functions shall meet with the approval of the Assistant Secretary.
(e) Sections 1919.10(e) and (g) and 1919.11 shall govern, to the extent applicable, persons accredited under subpart F of this part.
(a) Certification of shore-based material handling devices shall conform to the requirements contained in this subpart, except in cases for which exemptions or variations have been granted by the Assistant Secretary as provided in §§ 1919.50(d) and 1919.60(a).
(b) Any replacements or repairs deemed necessary by the accredited person shall be carried out before application of a proof test.
(c)
(d) When applied to shore-based material handling devices, ratings may be stated in pounds rather than tons. When stated in tons of 2,000 pounds, this fact shall be indicated.
(a) Unit proof tests of cranes shall be carried out at the following times:
(1) In the cases of new cranes, before initial use and every 4 years thereafter.
(2) In the cases of uncertificated cranes which have been in use, at the time of initial certification and every 4 years thereafter.
(3) After important alterations and renewals and after repairs due to failure of, or damage to major components.
(b) Unit proof load tests of cranes shall be carried out where applicable with the boom in the least stable direction relative to the mounting, based on the manufacturer's specifications.
(c) Unit proof load tests shall be based on the manufacturer's load ratings for the conditions of use and shall, except in the case of bridge type cranes
(d) An examination shall be carried out in conjunction with each unit proof load test. The accredited person, or his authorized representative, shall make a determination as to correction of deficiencies found. The examination shall cover the following points as applicable:
(1) All functional operating mechanisms shall be examined for improper function, maladjustment, and excessive component wear, with particular attention to sheaves, pins, and drums. The examination shall include operation with partial load, in which all functions and movements, including, where applicable, maximum possible rotation in both directions, are performed.
(2) All safety devices shall be examined for malfunction.
(3) Lines, tanks, valves, drains, pumps, and other parts of air or hydraulic systems shall be examined for deterioration or leakage.
(4) Loose gear components, such as hooks, including wire rope and wire rope terminals and connections, shall be checked with particular attention to sections of wire rope exposed to abnormal wear and to sections not normally exposed for examination. The provisions of § 1919.24 shall apply in wire rope examinations. Cracked or deformed hooks shall be discarded and not reused on any equipment subject to the provisions of part 1918 of this chapter and this part 1919.
(5) Rope reeving shall comply with manufacturer's recommendations.
(6) Deformed, cracked, or excessively corroded members in crane structure and boom shall be repaired or replaced as necessary.
(7) Loose bolts, rivets, or other connections shall be corrected.
(8) Worn, cracked, or distorted parts affecting safe operation shall be corrected.
(9) Brake and clutch system parts, linings, pawls, and ratchets shall be examined for excessive wear and free operation.
(10) Load, boom angle, or other indicators shall be checked over their full range for any significant inaccuracy. A boom angle or radius indicator shall be fitted.
(11) It shall be ascertained that there is a durable rating chart visible to the operator, covering the complete range of the manufacturer's capacity ratings at all operating radii, for all permissible boom lengths and jib lengths, with alternate ratings for optional equipment affecting such ratings. Necessary precautions or warnings shall be included. Operating controls shall be marked or an explanation of controls shall be posted at the operator's position to indicate function.
(12) Where used, clamshell buckets or other similar equipment such as magnets, etc., shall be carefully examined in all respects, with particular attention to closing line wires and sheaves. The accredited person may supplement such examination by requesting any operational tests as may be appropriate.
(13) Careful examination of the junction areas of removable boom sections, particularly for proper seating, cracks, deformities, or other defects in securing bolts and in the vicinity of such bolts.
(14) It shall be ascertained that no counterweights in excess of the manufacturer's specifications are fitted.
(15) Such other examination or supplemental functional tests shall be
(a) In any year in which no quadrennial unit proof test is required, an examination shall be carried out by an accredited person or his authorized representative. Such examination shall be made not later than the anniversary date of the quadrennial certification and shall conform with the requirements of § 1919.71(d).
(a) Unit proof tests of derricks shall be carried out at the same times as are specified in § 1919.71(a) for cranes.
(b) Unit proof load tests and safe working load ratings shall be based on the design load ratings at the ranges of boom angles or operating radii. Unit proof loads shall exceed the safe working load as follows:
(c) After satisfactory completion of a unit proof load test, the derrick and all component parts thereof shall be carefully examined in accordance with the requirements of § 1919.71(d), as far as applicable.
(a) In any year in which no quadrennial unit proof test is required, an examination shall be carried out by an accredited person or his authorized representative. Such annual examination shall be made not later than the anniversary date of the quadrennial certification and shall conform in all applicable respect with § 1919.71(d).
(a) In the event neither manufacturer's data nor design data on safe working loads (including any applicable limitations) are obtainable, the safe working load ratings assigned shall be based on the owner's information and warranty that those so assigned are correct. Unit test certificates shall state the basis for any such safe working load assignment.
(a) If the operation in which equipment is engaged never utilizes more than a fraction of the safe working load rating, the owner of such equipment may, at his option, have the crane or derrick certificated for and operated at a lesser maximum safe working load in keeping with the use and based on radius and other pertinent factors:
(a) In no case shall safe working loads be increased beyond the manufacturer's ratings or original design limitations unless such increase meets with the manufacturer's approval. Where the manufacturer's services are not available, or where the equipment is of foreign manufacture, engineering design analysis by, or acceptable to, the accredited certification agency is required. All necessary structural changes shall be carried out.
(a) Wherever it is considered necessary by the accredited person or his authorized representative and wherever it is practical and advisable to avoid disassembly of equipment, removal of pins, etc., examination of structure or parts by electronic, ultrasonic, or other nondestructive methods may be
(a) Wire rope and replacement wire rope shall be of the same size, same or better grade, and same construction as originally furnished by the equipment manufacturer or contemplated in the design, unless otherwise recommended by the equipment or the wire rope manufacturer due to actual working condition requirements. In the absence of specific requirements as noted, wire rope shall be of a size and construction suitable for the purpose, and a safety factor of 4 shall be adhered to, and verified by wire rope test certificate.
(b) Wire rope in use on equipment previously constructed and prior to initial certification of said equipment shall not be required to be tested, but shall be subject to thorough examination at the time of initial certification of the equipment.
(a) Wherever heat treatment of any loose gear is recommended by the manufacturer, it shall be carried out in accordance with the specifications of the manufacturer.
(a) Those portions of bulk cargo loading or discharging spouts or suckers which extend over vessels, together with any portable extensions, rigging components, outriggers, and attachment points supporting them or any of their components vertically, shall be examined annually. The examination shall be carried out with particular attention to the condition of wire rope and accessories. The equipment shall not be considered satisfactory unless, in the opinion of the accredited person or his authorized representative, it is deemed fit to serve its intended function.
(a) Documents issued respecting a certification function by an accredited person shall be on forms approved for such use by the Assistant Secretary and shall so state.
(b) Such documents shall be issued by the accredited person to the owners of affected equipment, attesting to satisfactory compliance with applicable requirements. The forms used shall contain the following information:
(1) Unit proof tests where required—
(i) Identification of crane or derrick including manufacturer, model number, serial number, and ownership.
(ii) Basis for assignment of safe worksigned (i.e., whether based on manufacturing load ratings, with the ratings asturer's ratings, whether for any specific service, etc.).
(iii) Proof test details noting radii and proof loads, how applied, and, where applicable, direction relative to mounting.
(iv) A statement that the test and associated examination were conducted and all applicable requirements of this subpart are met.
(v) Any necessary remarks or supplementary data, including limitations imposed and the reason thereof.
(vi) Name of accredited person and identification of authorized representative actually conducting test and/or examination.
(vii) Authorized signature of accredited person; date and place of test and/or examination.
(2) Annual examination of cranes or derricks—
(i) Information specified in paragraphs (b)(1) (i), (v), (vi), and (vii) of this section.
(ii) A statement that the required examination has been carried out and that, in the opinion of the accredited person or his authorized representative, the equipment has been found in compliance in all applicable respects with the requirements of this subpart.
(3) Annual examination of bulk cargo loading or discharging spouts or suckers—
(i) Specific identification of equipment.
(ii) A statement that examination has been completed and that, in the opinion of the accredited person or his
(iii) Information specified in paragraphs (b)(1) (v), (vi), and (vii) of this section.
(c) Certificates relating to wire rope, whether tested by or under the supervision of the accredited person or by its manufacturer and whether or not issued on the basis of the manufacturer's certificates, shall follow the general format of a wire rope test form approved by the Administration.
(d) Accredited persons shall advise owners of affected equipment of the necessity for maintaining required documentation or acceptable copies thereof available for inspection at or near the worksite of the equipment involved.
(1) Where initial and periodic tests as well as annual examinations are required, documentation available for inspection shall include the latest unit test certificate and any subsequent annual examination certificates, together with wire rope test certificates relating to any replacements since the last unit test or annual examination.
(2) Where only annual examination is required, documentation available for inspection shall include the latest annual examination certificate and wire rope test certificates relating to any wire replaced since the last annual examination.
(3) In the event that the heat treatment of any loose gear is recommended by its manufacturer, the latest heat treatment certificate, attesting to compliance with the manufacturer's specifications, shall be part of the available documentation.
(e) No certification shall be issued until any deficiencies considered by the accredited person to constitute a currently unsatisfactory condition have been corrected. Replacement parts shall be of equal or better quality than original equipment and suitable for the purpose. In the event deficiencies remain uncorrected and no certification therefore is issued, the accredited person shall inform the nearest district office of the Administration of the circumstances.
This listing is provided for informational purposes only. It is compiled and kept up-to-date by the Department of Labor. This index is updated as of July 1, 2006.
Sec. 41, Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941); sec. 6, Occupational Safety and Health Act of 1970 (29 U.S.C. 655).
This part governs the procedure for the granting of variations from the safety and health regulations established pursuant to section 41 of the Longshoremen's and Harbor Workers' Compensation Act. The part provides the same procedures under this Act as are available for considering variances under the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(a) Variances from standards in parts 1915 through 1918 of this chapter may be granted in the same circumstances in which variances may be granted under sections 6(b) (6)(A) or 6(d) of the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 655). The procedures for the granting of variances from Parts 1915-1918 of this chapter are those published in Part 1905 of this chapter.
(b) Any requests for variances shall also be considered requests for variances under the Williams-Steiger Occupational Safety and Health Act of 1970, and any variance from §§ 1910.13 through 1910.16 of this chapter which adopt parts 1915-1918 of this chapter, shall be deemed a variance from the standard under both the Longshoremen's and Harbor Workers' Compensation Act and the Williams-Steiger Occupational Safety and Health Act of 1970.
Sec. 41, Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941); 5 U.S.C. 301.
This part provides rules of practice for administrative hearings relating to the enforcement of section 41 of the Longshoremen's and Harbor Workers' Compensation Act and the safety regulations promulgated thereunder which are published in parts 1915 and 1918 of this subtitle. This part applies only to proceedings held under section 41(b)(5) of the Act. It does not apply to any other administrative proceedings held under section 41 of the Act.
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
(a)
(b)
(1) Contain a statement of the facts which constitute the grounds of defense, and shall specifically admit, explain, or deny, each of the allegations of the complaint unless the respondent is without knowledge, in which case the answer shall so state; or
(2) State that the respondent admits all of the allegations of the complaint. The answer may contain a waiver of hearing.
(c)
Motions or requests shall be filed with the Chief Hearing Examiner, except that those made during the course of the hearing shall be filed with the hearing examiner or shall be stated orally and made part of the transcript. Each motion or request shall state the particular order, ruling, or action desired, and the grounds therefor. The hearing examiner is authorized to rule upon all motions or requests filed or made prior to the filing of his report.
At any time after the institution of proceedings and before the hearing examiner makes his decision, the hearing examiner may, upon petition in writing and for good cause shown, permit any interested person, including an employer, employee, labor or trade organization, or Federal or State agency, to intervene therein. The petition shall state with precision and particularity:
(a) The petitioner's relationship to the matters involved in the proceedings,
(b) The nature of any material he intends to present in evidence,
(c) The nature of any argument he intends to make, and
(d) Any other reason that he should be allowed to intervene.
At any time prior to the issuance of a complaint in the proceeding, the Assistant Solicitor in charge of trial litigation may in his discretion, enter into stipulations with the prospective respondent, whereby the latter admits the material facts and agrees to discontinue the acts or practices which are intended to be set up as violative of the Act or parts 1915 and 1918 of this subtitle. Such stipulations shall be admissible as evidence of such acts and practices in any subsequent proceeding in law or equity or under these regulations against such person.
(a)
(b)
(1) That the order shall have the same force and effect as an order made after full hearing;
(2) That the entire record on which any order may be based shall consist solely of the complaint and the agreement;
(3) A waiver of any further procedural steps before the hearing examiner or the Director; and
(4) A waiver of any right to challenge or contest the validity of the findings and order entered into in accordance with the agreement.
(c)
(1) Submit the proposed agreement to the hearing examiner for his consideration; or
(2) Inform the hearing examiner that agreement cannot be reached.
(d)
(a) Upon his own motion or the motion of the parties, the hearing examiner may direct the parties or their counsel to meet with him for a conference to consider:
(1) Simplification of the issues;
(2) Necessity or desirability of amendments to pleadings for purposes of clarification, simplification, or limitation;
(3) Stipulations, admissions of fact and of contents and authenticity of documents;
(4) Limitation of the number of expert witnesses; and
(5) Such other matters as may tend to expedite the disposition of the proceeding.
(b) The record shall show the matters disposed of by order and by agreement in such pretrial conferences. The subsequent course of the proceeding shall be controlled by such action.
(a)
(b)
If in the judgment of the hearing examiner convenience or necessity so requires, he may postpone the time or change the place of the hearing.
(a)
(b)
(2)
(3)
(c)
(d)
(e)
(a)
(b)
(c)
(1) Findings and conclusions, with reasons and bases, therefor, upon each material issue of fact, law, or discretion presented on the record, and
(2) An appropriate order.
Within 20 days after the date of the decision of the hearing examiner, the parties may file exceptions thereto with supporting reasons. Any party who desires to take exception to any matter set out in that decision shall transmit his exceptions in writing to the Chief Hearing Examiner, referring to the specific findings of fact, conclusions of law, or order excepted to, and the specific pages of transcript relevant to the exceptions, and suggesting corrected findings of fact, conclusions of law, or order.
Immediately following the period allowed for filing exceptions, the hearing examiner shall transmit the record of the proceeding to the Assistant Secretary. The record shall include: The pleadings, motions, and requests filed, and rulings thereon; the transcript of the testimony taken at the hearing, together with the exhibits filed; any documents or papers filed in connection with prehearing conferences; such proposed findings of fact, conclusions of law, and orders, and supporting reasons, as may have been filed in connection with the hearing; the hearing examiner's decision; and such exceptions, statements of objections, and briefs in support thereof, as may have been filed in the proceeding.
(a) Upon the basis of and after due consideration of the whole record, the
(b) When a final order of the Assistant Secretary issued pursuant to § 1921.13(c) or paragraph (a) of this section has been in force for 2 years or more, a party may file with the Assistant Secretary a petition for modification or vacation of the order. Such petition must be in writing, and must be based upon satisfactory compliance with the order during the 24 months immediately preceding the filing thereof and upon such changes in conditions and circumstances as to demonstrate, if established, that a continuation of the order in full force and effect is no longer required to assure satisfactory compliance with the regulations under the order. Such changes in conditions and circumstances as are relied upon must be expressly set forth together with the reasons why petitioner believes relief is justified and the precise nature of the relief sought. The petition may be supported by affidavits as to matters of fact.
(c) If, after such investigation as the Assistant Secretary deems appropriate, in his judgment sufficient cause has been shown to justify the relief requested, he will enter an order granting relief. If in his judgment, sufficient cause has not been shown he shall so notify petitioner, who may then in writing request a hearing. Upon receipt of such request the Assistant Secretary will refer the petition with its supporting documents and the request to the Chief Hearing Examiner who will assign the matter for a hearing to be held on not less than 10 days notice at a time and place to be set by the hearing examiner. The Deputy Solicitor of Labor may file a pleading and otherwise appear in opposition to the petition. The hearing will be subject to all of the provisions of §§ 1921.9 through 1921.22.
(a)
(b)
(c)
Witnesses subpoenaed by any party shall be paid the same fees and mileage as are paid for like services in the District Courts of the United States. The witness fees and mileage shall be paid by the party at whose instance the witnesses appear.
(a)
(b)
(c)
(d)
All applications for subpoenas ad testificandum and subpoenas duces tecum shall be made in writing to the hearing examiner. Application for subpoenas duces tecum shall specify as exactly as possible the documents to be produced, showing their general relevancy and reasonable scope.
(a)
(b)
(c)
(1) To administer oaths and affirmations;
(2) To issue subpoenas upon proper applications as provided in § 1921.20;
(3) To rule upon offers of proof and receive relevant evidence;
(4) To take or cause to be taken depositions and to determine their scope;
(5) To regulate the course of the hearing and the conduct of the parties and their counsel therein;
(6) To hold conferences for the settlement or simplification of the issues by consent of the parties;
(7) To consider and rule upon procedural requests;
(8) To make and file decisions in conformity with this part.
(9) To take any action authorized by the rules in this part or in conformance with the Administrative Procedure Act.
(d)
(e)
(2) Whenever any party shall deem the hearing examiner for any reason to be disqualified to preside, or to continue to preside, in a particular proceeding, that party shall file with the Chief Hearing Examiner a motion to disqualify and remove such hearing examiner, such motion to be supported by affidavits setting forth the alleged grounds for disqualification. The Chief Hearing Examiner shall rule upon the motion.
(f)
Sundays and holidays shall be included in computing the time allowed for filing any document or paper under this part. When such time expires on a Sunday or legal holiday, such period shall be extended to include the next following business day.
Sec. 41, Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 941); 5 U.S.C. 301.
(a)
(b)
(c)
(d)
(e)
Whenever any serious injury results from the employments covered by the Act or whenever it is otherwise appropriate, the Assistant Secretary may appoint a Board of Investigation to hold an investigational hearing during the course of any investigation made under section 41 of the Act. This part prescribes the manner in which any investigational hearings shall be conducted. This part does not apply to any adjudicative proceedings held under section 41(b)(5) of the Act.
The Board shall be composed of three members appointed by the Assistant Secretary, one of whom shall be designated as Chairman. All members shall be employees of the United States Department of Labor, and shall have experience in the field of maritime safety.
(a)
(b)
(c)
The Chairman of the Board shall give reasonable notice of the time and place of any investigational hearing to any person whose conduct is or may be pertinent to the subjects of investigation; to any prospective witnesses; and to any Federal or State agency engaged in similar investigative work.
The Chairman shall regulate the course of the hearing; dispose of procedural requests, objections, and related matters; and confine the hearing to the matters for which the Board is responsible. In the performance of these duties, the Chairman may be assisted by counsel assigned by the Solicitor of Labor. In the discretion of the Board, the hearing may be stenographically reported. When the hearing is so reported, copies of the transcript may be obtained upon such terms as the Chairman may provide.
Secs. 12, 13, Vocational Rehabilitation Act Amendments of 1965 (29 U.S.C. 41a, 41b).
The safety standards provided in 41 CFR part 50-204 shall have effect to the extent applicable to any workshop or rehabilitation facility assisted by a grant pursuant to section 12 or section 13 of the Vocational Rehabilitation Act Amendments of 1965, 79 Stat. 1284, 1286.
Service Contracts Act of 1965 (41 U.S.C. 351, et. seq.); 5 U.S.C. 301.
(a) The McNamara-O'Hara Service Contract Act of 1965 (79 Stat. 1034, 41 U.S.C. 351, et seq.) requires that every contract entered into by the United States or the District of Columbia in excess of $2,500 (except as provided in section 7 of the Act), the principal purpose of which is to furnish services in the United States through the use of service employees, must contain, among other provisions, a stipulation that “no part of the services covered by this Act will be performed in buildings or surroundings or under working conditions, provided by or under the control or supervision of the contractor or any subcontractor, which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish the services.” This part 1925 expresses certain minimum safety and health standards which will be applied in the administration and enforcement of the Act to determine whether services covered by the Act are being, or have been, performed in compliance with its safety and health requirements.
(b)(1) Investigators conducting investigations and all officers of the Department of Labor evaluating, reviewing and analyzing investigations, as well as officers of the Department determining whether there are or have been violations of the safety and health requirements of the Service Contract Act of 1965 or any contract subject thereto and the terms on which there may be a settlement of issues arising from an investigation without resort to administrative or judicial litigation, will consider a failure to comply with the safety and health measures provided in § 1925.2 to result in working conditions which are “unsanitary or hazardous or dangerous to the health or safety of service employees” within the meaning
(c) [Reserved]
(d) The standards expressed in this part 1925 are for application to ordinary employment situations, and do not preclude proof or recognition of the necessity for additional standards in employment situations of extraordinary hazard. Neither do the standards expressed in this Part 1925 purport to cover all of the working conditions which are unsanitary or hazardous or dangerous to the health or safety of service employees. Other working conditions may be found to be unsanitary or hazardous or dangerous to the health or safety of such employees on evidence to that effect.
(e) Compliance with the standards expressed in this part 1925 will not relieve anyone from any obligation he may have to comply with any stricter standard, such as state or local law or ordinance or collective bargaining agreement.
Every contractor and subcontractor shall comply with the safety and health standards published in 41 CFR part 50-204, including any matters incorporated by reference therein.
Every contractor or subcontractor shall comply with the recordkeeping requirements of 29 CFR part 1904.
A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.
All changes in this volume of the Code of Federal Regulations that were made by documents published in the
For the period before January 1, 2001, see the “List of CFR Sections Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000” published in 11 separate volumes.