[Title 29 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 29

Labor


________________________

Parts 1900 to Sec. 1910.999

                         Revised as of July 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



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

  Title 29:
    SUBTITLE B--Regulations Relating to Labor (Continued)
          Chapter XVII--Occupational Safety and Health 
          Administration, Department of Labor                        5
  Finding Aids:
      Table of CFR Titles and Chapters........................     985
      Alphabetical List of Agencies Appearing in the CFR......    1005
      List of CFR Sections Affected...........................    1015

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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
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    To determine whether a Code volume has been amended since its 
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OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
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[[Page vii]]

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    Director,
    Office of the Federal Register.
    July 1, 2017.

                                
                                      
                            

  

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                               THIS TITLE

    Title 29--Labor is composed of nine volumes. The parts in these 
volumes are arranged in the following order: Parts 0-99, parts 100-499, 
parts 500-899, parts 900-1899, parts 1900-Sec. 1910.999, part 1910.1000-
end of part 1910, parts 1911-1925, part 1926, and part 1927 to end. The 
contents of these volumes represent all current regulations codified 
under this title as of July 1, 2017.

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

    Subject indexes appear following the occupational safety and health 
standards (part 1910).

    For this volume, Ann Worley was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                             TITLE 29--LABOR




            (This book contains parts 1900 to Sec. 1910.999)

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

          SUBTITLE B--Regulations Relating to Labor (Continued)

                                                                    Part

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

[[Page 3]]

          Subtitle B--Regulations Relating to Labor (Continued)

[[Page 5]]



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




  --------------------------------------------------------------------
Part                                                                Page
1900-1901       [Reserved]

1902            State plans for the development and 
                    enforcement of State standards..........           7
1903            Inspections, citations and proposed 
                    penalties...............................          30
1904            Recording and reporting occupational 
                    injuries and illnesses..................          47
1905            Rules of practice for variances, 
                    limitations, variations, tolerances, and 
                    exemptions under the Williams-Steiger 
                    Occupational Safety and Health Act of 
                    1970....................................          73
1906

Administration witnesses and documents in private litigation [Reserved]

1908            Consultation agreements.....................          84
1910            Occupational safety and health standards....          95
                Subject Index for 29 CFR Part 1910--
                    Occupational Safety and Health Standards         938

[[Page 7]]

                       PARTS 1900	1901 [RESERVED]



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



                            Subpart A_General

Sec.
1902.1  Purpose and scope.
1902.2  General policies.

                   Subpart B_Criteria for State Plans

1902.3  Specific criteria.
1902.4  Indices of effectiveness.
1902.5  Intergovernmental Cooperation Act of 1968.
1902.6  Consultation with the National Institute for Occupational Safety 
          and Health.
1902.7  Injury and illness recording and reporting requirements.
1902.8  Variations and variances.
1902.9  Requirements for approval of State posters.

  Subpart C_Procedures for Submission, Approval and Rejection of State 
                                  Plans

1902.10  Submission.

           Procedure for Proposed or Possible Approval of Plan

1902.11  General notice.
1902.12  Opportunity for modifications and clarifications.
1902.13  Informal hearing.
1902.14  Formal hearing.
1902.15  Certification of the record of a hearing.
1902.16  Partial approval of State plans.

          Procedure for Proposed or Possible Rejection of Plan

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

                                Decisions

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

 Subpart D_Procedures for Determinations Under Section 18(e) of the Act

                                 General

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

            Completion of Developmental Steps--Certification

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

                     Basis for 18(e) Determinations

1902.36  General provisions.
1902.37  Factors for determination.

                   Procedures for 18(e) Determination

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

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

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

    Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); Secretary of 
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

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



                            Subpart A_General



Sec. 1902.1  Purpose and scope.

    (a) This part applies the provisions of section 18 of the Williams-
Steiger Occupational Safety and Health Act of 1970 (hereinafter referred 
to as the Act) relating to State plans for the development and 
enforcement of State occupational safety and health standards. The 
provisions of the part set forth the procedures by which the Assistant 
Secretary for Occupational Safety and Health (hereinafter referred to as 
the Assistant Secretary) under a delegation of authority from the 
Secretary of Labor (Secretary's Order No. 12-71, 36 FR 8754, May 12, 
1971) will approve or

[[Page 8]]

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

[[Page 9]]

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

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



Sec. 1902.2  General policies.

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

[[Page 10]]

in (i) one or more sections in subpart B or R of part 1910 of this 
chapter, or (ii) one or more of the remaining subparts of part 1910. 
However, for cause shown the Assistant Secretary may approve a plan 
relating to other industrial, occupational or hazard groupings if he 
determines that the plan is administratively practicable and that such 
groupings would not conflict with the purposes of the Act.
    (2) Each State plan shall describe the occupational safety and 
health issue or issues and the State standard or standards applicable to 
each such issue or issues over which it desires to assume enforcement 
responsibility in terms of the corresponding Federal industrial, 
occupational or hazard groupings and set forth the reasons, supported 
with appropriate data, for any variations the State proposes from the 
coverage of Federal standards.
    (3) The State plan shall apply to all employers and employees within 
the affected industry, occupational or hazard grouping unless the 
Assistant Secretary finds that the State has shown good cause why any 
group or groups of employers or employees should be excluded. Any 
employers or employees so excluded shall be covered by applicable 
Federal standards and enforcement provisions in the Act.



                   Subpart B_Criteria for State Plans



Sec. 1902.3  Specific criteria.

    (a) General. A State plan must meet the specific criteria set forth 
in this section.
    (b) Designation of State agency. (1) The State plan shall designate 
a State agency or agencies as the agency or agencies responsible for 
administering the plan throughout the State.
    (2) The plan shall also describe the authority and responsibilities 
vested in such agency or agencies. The plan shall contain assurances 
that any other responsibilities of the designated agency shall not 
detract significantly from the resources and priorities assigned to 
administration of the plan.
    (3) A State agency or agencies must be designated with overall 
responsibility for administering the plan throughout the State. However, 
political subdivisions of the State may have the responsibility and 
authority for the development and enforcement of standards, provided 
that the State agency or agencies are given adequate authority by 
statute, regulation, or agreement, to insure that the commitments of the 
State under the plan will be fulfilled.
    (c) Standards. (1) The State plan shall include or provide for the 
development or adoption of, and contain assurances that the State will 
continue to develop or adopt, standards which are or will be at least as 
effective as those promulgated under section 6 of the Act. Indices of 
the effectiveness of standards and procedures for the development or 
adoption of standards against which the Assistant Secretary will measure 
the State plan in determining whether it is approvable are set forth in 
Sec. 1902.4(b).
    (2) The State plan shall not include standards for products 
distributed or used in interstate commerce which are different from 
Federal standards for such products unless such standards are required 
by compelling local conditions and do not unduly burden interstate 
commerce. This provision, reflecting section 18(c)(2) of the Act, is 
interpreted as not being applicable to customized products or parts not 
normally available on the open market, or to the optional parts or 
additions to products which are ordinarily available with such optional 
parts or additions. In situations where section 18(c)(2) is considered 
applicable, and provision is made for the adoption of product standards, 
the requirements of section 18(c)(2), as they relate to undue burden on 
interstate commerce, shall be treated as a condition subsequent in light 
of the facts and circumstances which may be involved.
    (d) Enforcement. (1) The State plan shall provide a program for the 
enforcement of the State standards which is, or will be, at least as 
effective as that provided in the Act, and provide assurances that the 
State's enforcement program will continue to be at least as effective as 
the Federal program. Indices of the effectiveness of a State's 
enforcement plan against which the Assistant Secretary will measure the 
State plan in determining whether it is approvable are set forth in 
Sec. 1902.4(c).

[[Page 11]]

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

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

[36 FR 20751, Oct. 29, 1971, as amended at 54 FR 24333, June 7, 1989; 80 
FR 49901, Aug. 18, 2015]



Sec. 1902.4  Indices of effectiveness.

    (a) General. In order to satisfy the requirements of effectiveness 
under Sec. 1902.3 (c)(1) and (d)(1), the State plan shall:
    (1) Establish the same standards, procedures, criteria and rules as 
have been

[[Page 12]]

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

[[Page 13]]

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

[[Page 14]]

and by providing for the issuance of appropriate orders to protect the 
confidentiality of trade secrets.
    (ix) Provides that the State agency (or agencies) will have the 
necessary legal authority for the enforcement of standards, by such 
means as provisions for appropriate compulsory process to obtain 
necessary evidence or testimony in connection with inspection and 
enforcement proceedings.
    (x) Provides for prompt notice to employers and employees when an 
alleged violation of standards has occurred, including the proposed 
abatement requirements, by such means as the issuance of a written 
citation to the employer and posting of the citation at or near the site 
of the violation; further provides for advising the employer of any 
proposed sanctions, by such means as a notice to the employer by 
certified mail within a reasonable time of any proposed sanctions.
    (xi) Provides effective sanctions against employers who violate 
State standards and orders, such as those set forth in the Act, and in 
29 CFR 1903.15(d).
    (xii) Provides for an employer to have the right of review of 
violations alleged by the State, abatement periods, and proposed 
penalties and for employees or their representatives to have an 
opportunity to participate in review proceedings, by such means as 
providing for administrative or judicial review, with an opportunity for 
a full hearing on the issues.
    (xiii) Provides that the State will undertake programs to encourage 
voluntary compliance by employers and employees by such means as 
conducting training and consultation with employers and employees.
    (d) State and local government employee programs. (1) Each approved 
State plan must contain satisfactory assurances that the State will, to 
the extent permitted by its law, establish and maintain an effective and 
comprehensive occupational safety and health program applicable to all 
employees of public agencies of the State and its political subdivisions 
which program is as effective as the standards contained in an approved 
plan.
    (2) This criterion for approved State plans is interpreted to 
require the following elements with regard to coverage, standards, and 
enforcement:
    (i) Coverage. The program must cover all public employees over which 
the State has legislative authority under its constitution. The language 
in section 18(c)(6) which only requires such coverage to the extent 
permitted by the State's law specifically recognizes the situation where 
local governments exclusively control their own employees, such as under 
certain home rule charters.
    (ii) Standards. The program must be as effective as the standards 
contained in the approved plan applicable to private employers. Thus, 
the same criteria and indices of standards effectiveness contained in 
Secs. 1902.3(c) and 1902.4(a) and (b) would apply to the public employee 
program. Where hazards are unique to public employment, all appropriate 
indices of effectiveness, such as those dealing with temporary emergency 
standards, development of standards, employee information, variances, 
and protective equipment, would be applicable to standards for such 
hazards.
    (iii) Enforcement. Although section 18(c)(6) of the Act requires 
State public employee programs to be as effective as standards contained 
in the State plan, minimum enforcement elements are required to ensure 
an effective and comprehensive public employee program as follows:
    (A) Regular inspections of workplaces, including inspections in 
response to valid employee complaints;
    (B) A means for employees to bring possible violations to the 
attention of inspectors;
    (C) Notification to employees, or their representatives, of 
decisions that no violations are found as a result of complaints by such 
employees or their representatives, and informal review of such 
decisions;
    (D) A means of informing employees of their protections and 
obligations under the Act;
    (E) Protection for employees against discharge of discrimination 
because of the exercise of rights under the Act;
    (F) Employee access to information on their exposure to toxic 
materials or harmful physical agents and prompt notification to 
employees when they

[[Page 15]]

have been or are being exposed to such materials or agents at 
concentrations or levels above those specified by the applicable 
standards;
    (G) Procedures for the prompt restraint or elimination of imminent 
danger situations;
    (H) A means of promptly notifying employers and employees when an 
alleged violation has occurred, including the proposed abatement 
requirements;
    (I) A means of establishing timetables for the correction of 
violations;
    (J) A program for encouraging voluntary compliance; and
    (K) Such other additional enforcement provisions under State law as 
may have been included in the State plan.
    (3) In accordance with Sec. 1902.3(b)(3), the State agency or 
agencies designated to administer the plan throughout the State must 
retain overall responsibility for the entire plan. Political 
subdivisions may have the responsibility and authority for the 
development and enforcement of standards: Provided, that the designated 
State agency or agencies have adequate authority by statute, regulation, 
or agreement to insure that the commitments of the State under the plan 
will be fulfilled.
    (e) Additional indices. Upon his own motion or after consideration 
of data, views and arguments received in any proceeding held under 
subpart C of this part, the Assistant Secretary may prescribe additional 
indices for any State plan which shall be in furtherance of the purpose 
of this part, as expressed in Sec. 1902.1.

[36 FR 20751, Oct. 29, 1971, as amended at 80 FR 49901, Aug. 18, 2015; 
81 FR 43452, July 1, 2016]



Sec. 1902.5  Intergovernmental Cooperation Act of 1968.

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



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

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



Sec. 1902.7  Injury and illness recording and reporting requirements.

    (a) Injury and illness recording and reporting requirements 
promulgated by State-Plan States must be substantially identical to 
those in 29 CFR part 1904 on recording and reporting occupational 
injuries and illnesses. State-Plan States must promulgate recording and 
reporting requirements that are the same as the Federal requirements for 
determining which injuries and illnesses will be entered into the 
records and how they are entered. All other injury and illness recording 
and reporting requirements that are promulgated by State-Plan States may 
be more stringent than, or supplemental to, the Federal requirements, 
but, because of the unique nature of the national recordkeeping program, 
States must consult with OSHA and obtain approval of such additional or 
more stringent reporting and recording requirements to ensure that they 
will not interfere with uniform reporting objectives. State-Plan States 
must extend the scope of their regulation to State and local government 
employers.
    (b) A State may not grant a variance to the injury and illness 
recording and reporting requirements for private sector employers. Such 
variances may only be granted by Federal OSHA to assure nationally 
consistent workplace injury and illness statistics. A State may only 
grant a variance to the injury and illness recording and reporting 
requirements for State or local government entities in that State after 
obtaining approval from Federal OSHA.
    (c) A State must recognize any variance issued by Federal OSHA.
    (d) As provided in section 18(c)(7) of the Act, State Plan States 
must adopt requirements identical to those in 29 CFR 1904.41 in their 
recordkeeping and reporting regulations as enforceable State 
requirements. The data collected by OSHA as authorized by Sec. 1904.41 
will be made available to the State Plan States. Nothing in any State 
plan shall

[[Page 16]]

affect the duties of employers to comply with Sec. 1904.41.

[80 FR 49902, Aug. 18, 2015, as amended at 81 FR 29694, May 12, 2016]



Sec. 1902.8  Variations and variances.

    (a) The power of the Secretary of Labor under section 16 of the Act 
to provide reasonable limitations and variations, tolerances, and 
exemptions to and from any or all provisions of the Act as he may find 
necessary and proper to avoid serious impairment of the national defense 
is reserved.
    (b) No action by a State under a plan shall be inconsistent with 
action by the Secretary under this section of the Act.
    (c) Where a State standard is identical to a Federal standard 
addressed to the same hazard, an employer or group of employers seeking 
a temporary or permanent variance from such standard, or portion 
thereof, to be applicable to employment or places of employment in more 
than one State, including at least one State with an approved plan, may 
elect to apply to the Assistant Secretary for such variance under the 
provisions of 29 CFR part 1905.
    (d) Actions taken by the Assistant Secretary with respect to such 
application for a variance, such as interim orders, with respect 
thereto, the granting, denying, or issuing any modification or extension 
thereof, will be deemed prospectively an authoritative interpretation of 
the employer or employers' compliance obligations with regard to the 
State standard, or portion thereof, identical to the Federal standard, 
or portion thereof, affected by the action in the employment or places 
of employment covered by the application.
    (e) Nothing herein shall affect the option of an employer or 
employers seeking a temporary or permanent variance with applicability 
to employment or places of employment in more than one State to apply 
for such variance either to the Assistant Secretary or the individual 
State agencies involved. However, the filing with, as well as granting, 
denial, modification, or revocation of a variance request or interim 
order by, either authority (Federal or State) shall preclude any further 
substantive consideration of such application on the same material facts 
for the same employment or place of employment by the other authority.
    (f) Nothing herein shall affect either Federal or State authority 
and obligations to cite for noncompliance with standards in employment 
or places of employment where no interim order, variance, or 
modification or extension thereof, granted under State or Federal law 
applies, or to cite for noncompliance with such Federal or State 
variance action.

[80 FR 49902, Aug. 18, 2015]



Sec. 1902.9  Requirements for approval of State posters.

    (a)(1) In order to inform employees of their protections and 
obligations under applicable State law, of the issues not covered by 
State law, and of the continuing availability of Federal monitoring 
under section 18(f) of the Act, States with approved plans shall develop 
and require employers to post a State poster meeting the requirements 
set out in paragraph (a)(5) of this section.
    (2) Such poster shall be substituted for the Federal poster under 
section 8(c)(1) of the Act and Sec. 1903.2 of this chapter where the 
State attains operational status for the enforcement of State standards 
as defined in Sec. 1954.3(b) of this chapter.
    (3) Where a State has distributed its poster and has enabling 
legislation as defined in Sec. 1954.3(b)(1) of this chapter but becomes 
nonoperational under the provisions of Sec. 1954.3(f)(1) of this chapter 
because of failure to be at least as effective as the Federal program, 
the approved State poster may, at the discretion of the Assistant 
Secretary, continue to be substituted for the Federal poster in 
accordance with paragraph (a)(2) of this section.
    (4) A State may, for good cause shown, request, under 29 CFR part 
1953, approval of an alternative to a State poster for informing 
employees of their protections and obligations under the State plans, 
provided such alternative is consistent with the Act, 
Sec. 1902.4(c)(2)(iv) and applicable State law. In order to qualify as a 
substitute for the Federal poster under this paragraph (a), such 
alternative must be

[[Page 17]]

shown to be at least as effective as the Federal poster requirements in 
informing employees of their protections and obligations and address the 
items listed in paragraph (a)(5) of this section.
    (5) In developing the poster, the State shall address but not be 
limited to the following items:
    (i) Responsibilities of the State, employers and employees;
    (ii) The right of employees or their representatives to request 
workplace inspections;
    (iii) The right of employees making such requests to remain 
anonymous;
    (iv) The right of employees to participate in inspections;
    (v) Provisions for prompt notice to employers and employees when 
alleged violations occur;
    (vi) Protection for employees against discharge or discrimination 
for the exercise of their rights under Federal and State law;
    (vii) Sanctions;
    (viii) A means of obtaining further information on State law and 
standards and the address of the State agency;
    (ix) The right to file complaints with the Occupational Safety and 
Health Administration about State program administration;
    (x) A list of the issues as defined in Sec. 1902.2(c) which will not 
be covered by State plan;
    (xi) The address of the Regional Office of the Occupational Safety 
and Health Administration; and
    (xii) Such additional employee protection provisions and obligations 
under State law as may have been included in the approved State plan.
    (b) Posting of the State poster shall be recognized as compliance 
with the posting requirements in section 8(c)(1) of the Act and 
Sec. 1903.2 of this chapter, provided that the poster has been approved 
in accordance with subpart B of part 1953 of this chapter. Continued 
Federal recognition of the State poster is also subject to pertinent 
findings of effectiveness with regard to the State program under 29 CFR 
part 1954.

[80 FR 49902, Aug. 18, 2015]



  Subpart C_Procedures for Submission, Approval and Rejection of State 
                                  Plans



Sec. 1902.10  Submission.

    (a) An authorized representative of the State agency or agencies 
responsible for administering the plan shall submit one copy of the plan 
to the appropriate Assistant Regional Director of the Occupational 
Safety and Health Administration, U.S. Department of Labor. The State 
plan shall include supporting papers conforming to the requirements 
specified in the subpart B of this part, and the State occupational 
safety and health standards to be included in the plan, including a copy 
of any specific or enabling State laws and regulations relating to such 
standards. If any of the representations concerning the requirements of 
subpart B of this part are dependent upon any judicial or administrative 
interpretations of the State standards or enforcement provisions, the 
State shall furnish citations to any pertinent judicial decisions and 
the text of any pertinent administrative decisions.
    (b) Upon receipt of the State plan the Assistant Regional Director 
shall make a preliminary examination of the plan. If his examination 
reveals any defect in the plan, the Assistant Regional Director shall 
offer assistance to the State agency and shall provide the agency an 
opportunity to cure such defect. After his preliminary examination, and 
after affording the State agency such opportunity to cure defects, the 
Assistant Regional Director shall submit the plan to the Assistant 
Secretary.
    (c) Upon receipt of the plan from the Assistant Regional Director, 
the Assistant Secretary shall examine the plan and supporting materials. 
If the examination discloses no cause for rejecting the plan, the 
Assistant Secretary shall follow the procedure prescribed in 
Sec. 1902.11. If the examination discloses cause for rejection of the 
plan, the Assistant Secretary shall follow the procedure prescribed in 
Sec. 1902.17.

[36 FR 20751, Oct. 29, 1971, as amended at 80 FR 49903, Aug. 18, 2015]

[[Page 18]]

           Procedure for Proposed or Possible Approval of Plan



Sec. 1902.11  General notice.

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

[36 FR 20751, Oct. 29, 1971, as amended at 80 FR 49903, Aug. 18, 2015]



Sec. 1902.12  Opportunity for modifications and clarifications.

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

[38 FR 12605, May 14, 1973]



Sec. 1902.13  Informal hearing.

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



Sec. 1902.14  Formal hearing.

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

[[Page 19]]

decision, shall be set forth in the notice.



Sec. 1902.15  Certification of the record of a hearing.

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



Sec. 1902.16  Partial approval of State plans.

    (a) The Assistant Secretary may partially approve a plan under this 
part whenever:
    (1) The portion to be approved meets the requirements of this part;
    (2) The plan covers more than one occupational safety and health 
issue; and
    (3) Portions of the plan to be approved are reasonably separable 
from the remainder of the plan.
    (b) Whenever the Assistant Secretary approves only a portion of a 
State plan, he may give notice to the State of an opportunity to show 
cause why a proceeding should not be commenced for disapproval of the 
remainder of the plan under subpart C of this part before commencing 
such a proceeding.

[80 FR 49903, Aug. 18, 2015]

          Procedure for Proposed or Possible Rejection of Plan



Sec. 1902.17  The proceeding.

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



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

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



Sec. 1902.19  Notice of hearing.

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

                                Decisions



Sec. 1902.20  Decision following informal proceeding.

    (a) This section deals with a situation where the Assistant 
Secretary has
    (1) Afforded interested persons an opportunity to submit written 
data,

[[Page 20]]

views, or arguments concerning a proposal, subject, or issue concerning 
a plan; or
    (2) Has in addition provided an informal hearing concerning a 
proposal, subject, or issue concerning a plan.
    (b)(1)(i) After consideration of all relevant information which has 
been presented, if the Assistant Secretary approves a plan he shall 
issue a decision to that effect.
    (ii) In the event the plan is approved under Sec. 1902.2(b), the 
decision shall state that the plan does not fully meet the criteria set 
forth in Sec. 1902.3, and shall summarize the schedule and any other 
measures for bringing the plan up to the level of such criteria.
    (iii) The decision shall also reflect the Assistant Secretary's 
intention as to continued Federal enforcement of Federal standards in 
areas covered by the plan. Provisions for continued Federal enforcement 
shall take into consideration:
    (a) Whether the plan is approved under Sec. 1902.2(a) or 
Sec. 1902.2(b);
    (b) The schedule for coming up to Federal standards in any 
Sec. 1902.2(b) plan; and
    (c) Any other relevant matters.
    (2) After consideration of all relevant information contained in any 
written or oral comments received in any informal proceeding, if the 
Assistant Secretary proposes to disapprove a plan, or the disposition of 
a subject or issue permits the possible disapproval of a plan, he shall 
publish a notice to that effect, and commence a proceeding meeting the 
requirements of Sec. 1902.19.



Sec. 1902.21  Tentative decision following formal proceeding.

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



Sec. 1902.22  Final decision following formal proceeding.

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



Sec. 1902.23  Publication of decisions.

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



 Subpart D_Procedures for Determinations Under section 18(e) of the Act

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

                                 General



Sec. 1902.30  Purpose and scope.

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

[[Page 21]]



Sec. 1902.31  Definitions.

    As used in this subpart, unless the context clearly indicates 
otherwise:
    Act means the Occupational Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.)
    Affirmative 18(e) determination means an affirmative determination 
under section 18(e) of the Act that the State plan or any modification 
thereof, is in actual operation meeting the criteria and indices of 
section 18(c) of the Act and subpart B of this part so as to warrant the 
withdrawal of the application of discretionary Federal enforcement and 
standards authority from issues covered by the plan, or by any 
modification thereof.
    Assistant Regional Director means the Assistant Regional Director 
for Occupational Safety and Health for the region in which a State is 
located.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    Commencement of a case under section 18(e) of the Act means, for the 
purpose of retaining Federal jurisdiction despite an affirmative 18(e) 
determination, the issuance of a citation, and in the case of an 
imminent danger, the initiation of enforcement proceedings under section 
13 of the Act.
    Commencement of plan operations means the beginning of operations 
under a plan following the approval of the plan by the Assistant 
Secretary and in no case may be later than the effective date of the 
initial funding grant provided under section 23(g) of the Act.
    Development step includes, but is not limited to, those items listed 
in the published developmental schedule, or any revisions thereof, for 
each plan. A developmental step also includes those items specified in 
the plan as approved under section 18(c) of the Act for completion by 
the State, as well as those items which under the approval decision were 
subject to evaluations and changes deemed necessary as a result thereof 
to make the State program at least as effective as the Federal program 
within the 3 years developmental period. (See 29 CFR 1953.4(a)).
    Initial approval means approval of a State plan, or any modification 
thereof, under section 18(c) of the Act and subpart C of this part.
    Person means any individual, partnership, association, corporation, 
business trust, legal representative, organized group of individuals, or 
any agency, authority or instrumentality of the United States or of a 
State.
    Separable portion of a plan for purposes of an 18(e) determination 
generally means more than one industrial, occupational or hazard 
grouping as defined in Sec. 1902.2(c)(1) which is administratively 
practicable and reasonably separable from the remainder of the plan. 
(See 29 CFR 1952.6(a).)

[40 FR 54782, Nov. 26, 1975, as amended at 67 FR 60128, Sept. 25, 2002; 
80 FR 49903, Aug. 18, 2015]



Sec. 1902.32  General policies.

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

[[Page 22]]

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

            Completion of Developmental Steps--Certification



Sec. 1902.33  Developmental period.

    Upon the commencement of plan operations after the initial approval 
of a State's plan by the Assistant Secretary, a State has three years in 
which to complete all of the developmental steps specified in the plan 
as approved. Section 1953.4 of this chapter sets forth the procedures 
for the submission and consideration of developmental changes by OSHA. 
Generally, whenever a State completes a developmental step, it must 
submit the resulting plan change as a supplement to its

[[Page 23]]

plan to OSHA for approval. OSHA's approval of such changes is then 
published in the Federal Register.

[80 FR 49904, Aug. 18, 2015]



Sec. 1902.34  Certification of completion of developmental steps.

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

[40 FR 54782, Nov. 26, 1975, as amended at 80 FR 49904, Aug. 18, 2015]



Sec. 1902.35  Effect of certification.

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

                     Basis for 18(e) Determinations



Sec. 1902.36  General provisions.

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

[[Page 24]]

operation at least as effective as operations under the Federal program. 
In considering the question of such application, the Assistant Secretary 
shall also consider the factors provided under Sec. 1902.37(b). The 
Assistant Secretary's evaluation may include such other information on 
the application of the criteria and indices in Sec. 1902.37 such as 
information developed from comments received from the public and the 
results of any hearings which may have been held under Sec. 1902.40 
concerning the proposed 18(e) determination.



Sec. 1902.37  Factors for determination.

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

[[Page 25]]

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

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

                   Procedures for 18(e) Determination



Sec. 1902.38  Evaluation of plan following certification.

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

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



Sec. 1902.39  Completion of evaluation.

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

[[Page 26]]

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

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



Sec. 1902.40  Informal hearing.

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

[[Page 27]]

    (6) In his discretion, to keep the record open for a reasonable and 
specified time to receive additional written recommendations with 
supporting reasons and any additional data, views, and arguments from 
any person who has participated in the oral proceeding.
    (d) Upon the completion of the oral presentations, the transcripts 
thereof, together with written submissions on the proceedings, exhibits 
filed during the hearing, and all posthearing comments, recommendations, 
and supporting reasons shall be certified by the officer presiding at 
the hearing to the Assistant Secretary.



Sec. 1902.41  Decision.

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

[40 FR 54782, Nov. 26, 1975, as amended at 80 FR 49904, Aug. 18, 2015]



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

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



Sec. 1902.43  Affirmative 18(e) decision.

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

[[Page 28]]

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

[40 FR 54782, Nov. 26, 1975, as amended at 80 FR 49904, Aug. 18, 2015]



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

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



Sec. 1902.45  [Reserved]



Sec. 1902.46  Negative 18(e) determination.

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

[[Page 29]]

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

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



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

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



Sec. 1902.48  The proceeding.

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



Sec. 1902.49  General notice.

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



Sec. 1902.50  Informal hearing.

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



Sec. 1902.51  Certification of the records of a hearing.

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



Sec. 1902.52  Decision.

    (a) After consideration of all relevant information which has been 
presented, the Assistant Secretary shall issue a

[[Page 30]]

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



Sec. 1902.53  Publication of decisions.

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



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



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

    Authority: Secs. 8 and 9 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 657, 658); 5 U.S.C. 553; 28 U.S.C. 2461 note (Federal 
Civil Penalties Inflation Adjustment Act of 1990), as amended by Section 
701, Pub. L. 114-74; Secretary of Labor's Order No. 1-2012 (77 FR 3912, 
Jan. 25, 2012).

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



Sec. 1903.1  Purpose and scope.

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

[[Page 31]]



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

    (a)(1) Each employer shall post and keep posted a notice or notices, 
to be furnished by the Occupational Safety and Health Administration, 
U.S. Department of Labor, informing employees of the protections and 
obligations provided for in the Act, and that for assistance and 
information, including copies of the Act and of specific safety and 
health standards, employees should contact the employer or the nearest 
office of the Department of Labor. Such notice or notices shall be 
posted by the employer in each establishment in a conspicuous place or 
places where notices to employees are customarily posted. Each employer 
shall take steps to insure that such notices are not altered, defaced, 
or covered by other material.
    (2) Where a State has an approved poster informing employees of 
their protections and obligations as defined in Sec. 1902.9 of this 
chapter, such poster, when posted by employers covered by the State 
plan, shall constitute compliance with the posting requirements of 
section 8(c)(1) of the Act. Employers whose operations are not within 
the issues covered by the State plan must comply with paragraph (a)(1) 
of this section.
    (3) Reproductions or facsimiles of such Federal or State posters 
shall constitute compliance with the posting requirements of section 
8(c)(1) of the Act where such reproductions or facsimiles are at least 
8\1/2\ inches by 14 inches, and the printing size is at least 10 pt. 
Whenever the size of the poster increases, the size of the print shall 
also increase accordingly. The caption or heading on the poster shall be 
in large type, generally not less than 36 pt.
    (b) Establishment means a single physical location where business is 
conducted or where services or industrial operations are performed. (For 
example: A factory, mill, store, hotel, restaurant, movie theatre, farm, 
ranch, bank, sales office, warehouse, or central administrative office.) 
Where distinctly separate activities are performed at a single physical 
location (such as contract construction activities from the same 
physical location as a lumber yard), each activity shall be treated as a 
separate physical establishment, and a separate notice or notices shall 
be posted in each such establishment, to the extent that such notices 
have been furnished by the Occupational Safety and Health 
Administration, U.S. Department of Labor. Where employers are engaged in 
activities which are physically dispersed, such as agriculture, 
construction, transportation, communications, and electric, gas and 
sanitary services, the notice or notices required by this section shall 
be posted at the location to which employees report each day. Where 
employees do not usually work at, or report to, a single establishment, 
such as longshoremen, traveling salesmen, technicians, engineers, etc., 
such notice or notices shall be posted at the location from which the 
employees operate to carry out their activities. In all cases, such 
notice or notices shall be posted in accordance with the requirements of 
paragraph (a) of this section.
    (c) Copies of the Act, all regulations published in this chapter and 
all applicable standards will be available at all Area Offices of the 
Occupational Safety and Health Administration, U.S. Department of Labor. 
If an employer has obtained copies of these materials, he shall make 
them available upon request to any employee or his authorized 
representative for review in the establishment where the employee is 
employed on the same day the request is made or at the earliest time 
mutually convenient to the employee or his authorized representative and 
the employer.
    (d) Any employer failing to comply with the provisions of this 
section shall be subject to citation and penalty in accordance with the 
provisions of Sec. 1903.15(d).

[36 FR 17850, Sept. 4, 1971, as amended at 39 FR 39036, Nov. 5, 1974; 80 
FR 49904, Aug. 18, 2015; 81 FR 43452, July 1, 2016]



Sec. 1903.3  Authority for inspection.

    (a) Compliance Safety and Health Officers of the Department of Labor 
are authorized to enter without delay and at reasonable times any 
factory, plant, establishment, construction site, or

[[Page 32]]

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



Sec. 1903.4  Objection to inspection.

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

[[Page 33]]

seek entry to a workplace under this section.

[45 FR 65923, Oct. 3, 1980]



Sec. 1903.5  Entry not a waiver.

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



Sec. 1903.6  Advance notice of inspections.

    (a) Advance notice of inspections may not be given, except in the 
following situations:
    (1) In cases of apparent imminent danger, to enable the employer to 
abate the danger as quickly as possible;
    (2) In circumstances where the inspection can most effectively be 
conducted after regular business hours or where special preparations are 
necessary for an inspection;
    (3) Where necessary to assure the presence of representatives of the 
employer and employees or the appropriate personnel needed to aid in the 
inspection; and
    (4) In other circumstances where the Area Director determines that 
the giving of advance notice would enhance the probability of an 
effective and thorough inspection.
    (b) In the situations described in paragraph (a) of this section, 
advance notice of inspections may be given only if authorized by the 
Area Director, except that in cases of apparent imminent danger, advance 
notice may be given by the Compliance Safety and Health Officer without 
such authorization if the Area Director is not immediately available. 
When advance notice is given, it shall be the employer's responsibility 
promptly to notify the authorized representative of employees of the 
inspection, if the identity of such representative is known to the 
employer. (See Sec. 1903.8(b) as to situations where there is no 
authorized representative of employees.) Upon the request of the 
employer, the Compliance Safety and Health Officer will inform the 
authorized representative of employees of the inspection, provided that 
the employer furnishes the Compliance Safety and Health Officer with the 
identity of such representative and with such other information as is 
necessary to enable him promptly to inform such representative of the 
inspection. An employer who fails to comply with his obligation under 
this paragraph promptly to inform the authorized representative of 
employees of the inspection or to furnish such information as is 
necessary to enable the Compliance Safety and Health Officer promptly to 
inform such representative of the inspection, may be subject to citation 
and penalty in accordance with Sec. 1903.15(d)(4). Advance notice in any 
of the situations described in paragraph (a) of this section shall not 
be given more than 24 hours before the inspection is scheduled to be 
conducted, except in apparent imminent danger situations and in other 
unusual circumstances.
    (c) The Act provides in section 17(f) that any person who gives 
advance notice of any inspection to be conducted under the Act, without 
authority from the Secretary or his designees, shall, upon conviction, 
be punished by fine of not more than $1,000 or by imprisonment for not 
more than 6 months, or by both.

[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43452, July 1, 2016]



Sec. 1903.7  Conduct of inspections.

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

[[Page 34]]

owner, operator, agent or employee of an establishment. (See Sec. 1903.9 
on trade secrets.) As used herein, the term employ other reasonable 
investigative techniques includes, but is not limited to, the use of 
devices to measure employee exposures and the attachment of personal 
sampling equipment such as dosimeters, pumps, badges and other similar 
devices to employees in order to monitor their exposures.
    (c) In taking photographs and samples, Compliance Safety and Health 
Officers shall take reasonable precautions to insure that such actions 
with flash, spark-producing, or other equipment would not be hazardous. 
Compliance Safety and Health Officers shall comply with all employer 
safety and health rules and practices at the establishment being 
inspected, and they shall wear and use appropriate protective clothing 
and equipment.
    (d) The conduct of inspections shall be such as to preclude 
unreasonable disruption of the operations of the employer's 
establishment.
    (e) At the conclusion of an inspection, the Compliance Safety and 
Health Officer shall confer with the employer or his representative and 
informally advise him of any apparent safety or health violations 
disclosed by the inspection. During such conference, the employer shall 
be afforded an opportunity to bring to the attention of the Compliance 
Safety and Health Officer any pertinent information regarding conditions 
in the workplace.
    (f) Inspections shall be conducted in accordance with the 
requirements of this part.

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



Sec. 1903.8  Representatives of employers and employees.

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

[[Page 35]]



Sec. 1903.9  Trade secrets.

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



Sec. 1903.10  Consultation with employees.

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



Sec. 1903.11  Complaints by employees.

    (a) Any employee or representative of employees who believe that a 
violation of the Act exists in any workplace where such employee is 
employed may request an inspection of such workplace by giving notice of 
the alleged violation to the Area Director or to a Compliance Safety and 
Health Officer. Any such notice shall be reduced to writing, shall set 
forth with reasonable particularity the grounds for the notice, and 
shall be signed by the employee or representative of employees. A copy 
shall be provided the employer or his agent by the Area Director or 
Compliance Safety and Health Officer no later than at the time of 
inspection, except that, upon the request of the person giving such 
notice, his name and the names of individual employees referred to 
therein shall not appear in

[[Page 36]]

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

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

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



Sec. 1903.12  Inspection not warranted; informal review.

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



Sec. 1903.13  Imminent danger.

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

[[Page 37]]



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

    (a) The Area Director shall review the inspection report of the 
Compliance Safety and Health Officer. If, on the basis of the report the 
Area Director believes that the employer has violated a requirement of 
section 5 of the Act, of any standard, rule or order promulgated 
pursuant to section 6 of the Act, or of any substantive rule published 
in this chapter, he shall, if appropriate, consult with the Regional 
Solicitor, and he shall issue to the employer either a citation or a 
notice of de minimis violations which have no direct or immediate 
relationship to safety or health. An appropriate citation or notice of 
de minimis violations shall be issued even though after being informed 
of an alleged violation by the Compliance Safety and Health Officer, the 
employer immediately abates, or initiates steps to abate, such alleged 
violation. Any citation or notice of de minimis violations shall be 
issued with reasonable promptness after termination of the inspection. 
No citation may be issued under this section after the expiration of 6 
months following the occurrence of any alleged violation.
    (b) Any citation shall describe with particularity the nature of the 
alleged violation, including a reference to the provision(s) of the Act, 
standard, rule, regulation, or order alleged to have been violated. Any 
citation shall also fix a reasonable time or times for the abatement of 
the alleged violation.
    (c) If a citation or notice of de minimis violations is issued for a 
violation alleged in a request for inspection under Sec. 1903.11(a) or a 
notification of violation under Sec. 1903.11(c), a copy of the citation 
or notice of de minimis violations shall also be sent to the employee or 
representative of employees who made such request or notification.
    (d) After an inspection, if the Area Director determines that a 
citation is not warranted with respect to a danger or violation alleged 
to exist in a request for inspection under Sec. 1903.11(a) or a 
notification of violation under Sec. 1903.11(c), the informal review 
procedures prescribed in Sec. 1903.12(a) shall be applicable. After 
considering all views presented, the Assistant Regional Director shall 
affirm the determination of the Area Director, order a reinspection, or 
issue a citation if he believes that the inspection disclosed a 
violation. The Assistant Regional Director shall furnish the complaining 
party and the employer with written notification of his determination 
and the reasons therefor. The determination of the Assistant Regional 
Director shall be final and not subject to review.
    (e) Every citation shall state that the issuance of a citation does 
not constitute a finding that a violation of the Act has occurred unless 
there is a failure to contest as provided for in the Act or, if 
contested, unless the citation is affirmed by the Review Commission.
    (f) No citation may be issued to an employer because of a rescue 
activity undertaken by an employee of that employer with respect to an 
individual in imminent danger unless:
    (1)(i) Such employee is designated or assigned by the employer to 
have responsibility to perform or assist in rescue operations, and
    (ii) The employer fails to provide protection of the safety and 
health of such employee, including failing to provide appropriate 
training and rescue equipment; or
    (2)(i) Such employee is directed by the employer to perform rescue 
activities in the course of carrying out the employee's job duties, and
    (ii) The employer fails to provide protection of the safety and 
health of such employee, including failing to provide appropriate 
training and rescue equipment; or
    (3)(i) Such employee is employed in a workplace that requires the 
employee to carry out duties that are directly related to a workplace 
operation where the likelihood of life-threatening accidents is 
foreseeable, such as a workplace operation where employees are located 
in confined spaces or trenches, handle hazardous waste, respond to 
emergency situations, perform excavations, or perform construction over 
water; and
    (ii) Such employee has not been designated or assigned to perform or 
assist in rescue operations and voluntarily elects to rescue such an 
individual; and

[[Page 38]]

    (iii) The employer has failed to instruct employees not designated 
or assigned to perform or assist in rescue operations of the 
arrangements for rescue, not to attempt rescue, and of the hazards of 
attempting rescue without adequate training or equipment.
    (4) For purposes of this policy, the term ``imminent danger'' means 
the existence of any condition or practice that could reasonably be 
expected to cause death or serious physical harm before such condition 
or practice can be abated.

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



Sec. 1903.14a  Petitions for modification of abatement date.

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

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



Sec. 1903.15  Proposed penalties.

    (a) After, or concurrent with, the issuance of a citation, and 
within a

[[Page 39]]

reasonable time after the termination of the inspection, the Area 
Director shall notify the employer by certified mail or by personal 
service by the Compliance Safety and Health Officer of the proposed 
penalty in accordance with paragraph (d) of this section, or that no 
penalty is being proposed. Any notice of proposed penalty shall state 
that the proposed penalty shall be deemed to be the final order of the 
Review Commission and not subject to review by any court or agency 
unless, within 15 working days from the date of receipt of such notice, 
the employer notifies the Area Director in writing that he intends to 
contest the citation or the notification of proposed penalty before the 
Review Commission.
    (b) The Area Director shall determine the amount of any proposed 
penalty, giving due consideration to the appropriateness of the penalty 
with respect to the size of the business of the employer being charged, 
the gravity of the violation, the good faith of the employer, and the 
history of previous violations, in accordance with the provisions of 
section 17 of the Act and paragraph (d) of this section.
    (c) Appropriate penalties may be proposed with respect to an alleged 
violation even though after being informed of such alleged violation by 
the Compliance Safety and Health Officer, the employer immediately 
abates, or initiates steps to abate, such alleged violation. Penalties 
shall not be proposed for de minimis violations which have no direct or 
immediate relationship to safety or health.
    (d) Adjusted civil monetary penalties. The adjusted civil penalties 
for penalties proposed after January 13, 2017 are as follows:
    (1) Willful violation. The penalty per willful violation under 
section 17(a) of the Act, 29 U.S.C. 666(a), shall not be less than 
$9,054 and shall not exceed $126,749.
    (2) Repeated violation. The penalty per repeated violation under 
section 17(a) of the Act, 29 U.S.C. 666(a), shall not exceed $126,749.
    (3) Serious violation. The penalty for a serious violation under 
section 17(b) of the Act, 29 U.S.C. 666(b), shall not exceed $12,675.
    (4) Other-than-serious violation. The penalty for an other-than-
serious violation under section 17(c) of the Act, 29 U.S.C. 666(c), 
shall not exceed $12,675.
    (5) Failure to correct violation. The penalty for a failure to 
correct a violation under section 17(d) of the Act, 29 U.S.C. 666(d), 
shall not exceed $12,675 per day.
    (6) Posting requirement violation. The penalty for a posting 
requirement violation under section 17(i) of the Act, 29 U.S.C. 666(i), 
shall not exceed $12,675.

[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016; 82 
FR 5382, Jan. 18, 2017]



Sec. 1903.16  Posting of citations.

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

[[Page 40]]

is posted indicating that the citation is being contested before the 
Review Commission, and such notice may explain the reasons for such 
contest. The employer may also indicate that specified steps have been 
taken to abate the violation.
    (d) Any employer failing to comply with the provisions of paragraphs 
(a) and (b) of this section shall be subject to citation and penalty in 
accordance with Sec. 1903.15(d).

[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016]



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

    (a) Any employer to whom a citation or notice of proposed penalty 
has been issued may, under section 10(a) of the Act, notify the Area 
Director in writing that he intends to contest such citation or proposed 
penalty before the Review Commission. Such notice of intention to 
contest shall be postmarked within 15 working days of the receipt by the 
employer of the notice of proposed penalty. Every notice of intention to 
contest shall specify whether it is directed to the citation or to the 
proposed penalty, or both. The Area Director shall immediately transmit 
such notice to the Review Commission in accordance with the rules of 
procedure prescribed by the Commission.
    (b) Any employee or representative of employees of an employer to 
whom a citation has been issued may, under section 10(c) of the Act, 
file a written notice with the Area Director alleging that the period of 
time fixed in the citation for the abatement of the violation is 
unreasonable. Such notice shall be postmarked within 15 working days of 
the receipt by the employer of the notice of proposed penalty or notice 
that no penalty is being proposed. The Area Director shall immediately 
transmit such notice to the Review Commission in accordance with the 
rules of procedure prescribed by the Commission.



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

    (a) If an inspection discloses that an employer has failed to 
correct an alleged violation for which a citation has been issued within 
the period permitted for its correction, the Area Director shall, if 
appropriate, consult with the Regional Solicitor, and he shall notify 
the employer by certified mail or by personal service by the Compliance 
Safety and Health Officer of such failure and of the additional penalty 
proposed under Sec. 1903.15(d)(5) by reason of such failure. The period 
for the correction of a violation for which a citation has been issued 
shall not begin to run until the entry of a final order of the Review 
Commission in the case of any review proceedings initiated by the 
employer in good faith and not solely for delay or avoidance of 
penalties.
    (b) Any employer receiving a notification of failure to correct a 
violation and of proposed additional penalty may, under section 10(b) of 
the Act, notify the Area Director in writing that he intends to contest 
such notification or proposed additional penalty before the Review 
Commission. Such notice of intention to contest shall be postmarked 
within 15 working days of the receipt by the employer of the 
notification of failure to correct a violation and of proposed 
additional penalty. The Area Director shall immediately transmit such 
notice to the Review Commission in accordance with the rules of 
procedure prescribed by the Commission.
    (c) Each notification of failure to correct a violation and of 
proposed additional penalty shall state that it shall be deemed to be 
the final order of the Review Commission and not subject to review by 
any court or agency unless, within 15 working days from the date of 
receipt of such notification, the employer notifies the Area Director in 
writing that he intends to contest the notification or the proposed 
additional penalty before the Review Commission.

[36 FR 17850, Sept. 4, 1971, as amended at 81 FR 43453, July 1, 2016]



Sec. 1903.19  Abatement verification.

    Purpose. OSHA's inspections are intended to result in the abatement 
of violations of the Occupational Safety and Health Act of 1970 (the OSH 
Act). This section sets forth the procedures

[[Page 41]]

OSHA will use to ensure abatement. These procedures are tailored to the 
nature of the violation and the employer's abatement actions.
    (a) Scope and application. This section applies to employers who 
receive a citation for a violation of the Occupational Safety and Health 
Act.
    (b) Definitions--(1) Abatement means action by an employer to comply 
with a cited standard or regulation or to eliminate a recognized hazard 
identified by OSHA during an inspection.
    (2) Abatement date means:
    (i) For an uncontested citation item, the later of:
    (A) The date in the citation for abatement of the violation;
    (B) The date approved by OSHA or established in litigation as a 
result of a petition for modification of the abatement date (PMA); or
    (C) The date established in a citation by an informal settlement 
agreement.
    (ii) For a contested citation item for which the Occupational Safety 
and Health Review Commission (OSHRC) has issued a final order affirming 
the violation, the later of:
    (A) The date identified in the final order for abatement; or
    (B) The date computed by adding the period allowed in the citation 
for abatement to the final order date;
    (C) The date established by a formal settlement agreement.
    (3) Affected employees means those employees who are exposed to the 
hazard(s) identified as violation(s) in a citation.
    (4) Final order date means:
    (i) For an uncontested citation item, the fifteenth working day 
after the employer's receipt of the citation;
    (ii) For a contested citation item:
    (A) The thirtieth day after the date on which a decision or order of 
a commission administrative law judge has been docketed with the 
commission, unless a member of the commission has directed review; or
    (B) Where review has been directed, the thirtieth day after the date 
on which the Commission issues its decision or order disposing of all or 
pertinent part of a case; or
    (C) The date on which a federal appeals court issues a decision 
affirming the violation in a case in which a final order of OSHRC has 
been stayed.
    (5) Movable equipment means a hand-held or non-hand-held machine or 
device, powered or unpowered, that is used to do work and is moved 
within or between worksites.
    (c) Abatement certification. (1) Within 10 calendar days after the 
abatement date, the employer must certify to OSHA (the Agency) that each 
cited violation has been abated, except as provided in paragraph (c)(2) 
of this section.
    (2) The employer is not required to certify abatement if the OSHA 
Compliance Officer, during the on-site portion of the inspection:
    (i) Observes, within 24 hours after a violation is identified, that 
abatement has occurred; and
    (ii) Notes in the citation that abatement has occurred.
    (3) The employer's certification that abatement is complete must 
include, for each cited violation, in addition to the information 
required by paragraph (h) of this section, the date and method of 
abatement and a statement that affected employees and their 
representatives have been informed of the abatement.

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

    (d) Abatement documentation. (1) The employer must submit to the 
Agency, along with the information on abatement certification required 
by paragraph (c)(3) of this section, documents demonstrating that 
abatement is complete for each willful or repeat violation and for any 
serious violation for which the Agency indicates in the citation that 
such abatement documentation is required.
    (2) Documents demonstrating that abatement is complete may include, 
but are not limited to, evidence of the purchase or repair of equipment, 
photographic or video evidence of abatement, or other written records.
    (e) Abatement plans. (1) The Agency may require an employer to 
submit an abatement plan for each cited violation (except an other-than-
serious violation) when the time permitted for abatement is more than 90 
calendar

[[Page 42]]

days. If an abatement plan is required, the citation must so indicate.
    (2) The employer must submit an abatement plan for each cited 
violation within 25 calendar days from the final order date when the 
citation indicates that such a plan is required. The abatement plan must 
identify the violation and the steps to be taken to achieve abatement, 
including a schedule for completing abatement and, where necessary, how 
employees will be protected from exposure to the violative condition in 
the interim until abatement is complete.

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

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

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

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

[[Page 43]]

that is moved within the worksite or between worksites.

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

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

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

    (3) If the violation has not already been abated, a warning tag or 
copy of the citation must be attached to the equipment:
    (i) For hand-held equipment, immediately after the employer receives 
the citation; or
    (ii) For non-hand-held equipment, prior to moving the equipment 
within or between worksites.
    (4) For the construction industry, a tag that is designed and used 
in accordance with 29 CFR 1926.20(b)(3) and 29 CFR 1926.200(h) is deemed 
by OSHA to meet the requirements of this section when the information 
required by paragraph (i)(2) is included on the tag.
    (5) The employer must assure that the tag or copy of the citation 
attached to movable equipment is not altered, defaced, or covered by 
other material.
    (6) The employer must assure that the tag or copy of the citation 
attached to movable equipment remains attached until:
    (i) The violation has been abated and all abatement verification 
documents required by this regulation have been submitted to the Agency;
    (ii) The cited equipment has been permanently removed from service 
or is no longer within the employer's control; or
    (iii) The Commission issues a final order vacating the citation.

           Appendices to Sec. 1903.19--Abatement Verification

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

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

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

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

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

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

________________________________________________________________________

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

________________________________________________________________________

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

________________________________________________________________________

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

________________________________________________________________________

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

________________________________________________________________________

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

________________________________________________________________________

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

________________________________________________________________________

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

________________________________________________________________________

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

________________________________________________________________________
    Signature

________________________________________________________________________
    Typed or Printed Name

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

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

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

Check one:
    Abatement Plan  [  ]
    Progress Report  [  ]

Inspection Number_______________________________________________________

Page __ of ____
Citation Number(s)*_____________________________________________________
Item Number(s)*

[[Page 44]]

________________________________________________________________________

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

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

________________________________________________________________________
    Signature

________________________________________________________________________
    Typed or Printed Name

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

[[Page 45]]

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


[62 FR 15337, Mar. 31, 1997]



Sec. 1903.20  Informal conferences.

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

[[Page 46]]

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

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



Sec. 1903.21  State administration.

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

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



Sec. 1903.22  Definitions.

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

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

[[Page 47]]



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



                            Subpart A_Purpose

Sec.
1904.0  Purpose.

                             Subpart B_Scope

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

Non-mandatory Appendix A to Subpart B of Part 1904--Partially Exempt 
          Industries.

          Subpart C_Recordkeeping Forms and Recording Criteria

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

   Subpart D_Other OSHA Injury and Illness Recordkeeping Requirements

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

  Subpart E_Reporting Fatality, Injury and Illness Information to the 
                               Government

1904.39  Reporting fatalities, hospitalizations, amputations, and losses 
          of an eye as a result of work-related incidents to OSHA.
1904.40  Providing records to government representatives.
1904.41  Electronic submission of injury and illness records to OSHA.
1904.42  Requests from the Bureau of Labor Statistics for data.

Appendix A to Subpart E to Part 1904--Designated Industries for 
          Sec. 1904.41(a)(2) Annual Electronic Submission of OSHA Form 
          300A Summary of Work-Related Injuries and Illnesses by 
          Establishments With 20 or More Employees but Fewer Than 250 
          Employees in Designated Industries

                Subpart F_Transition From the Former Rule

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

                          Subpart G_Definitions

1904.46  Definitions.

    Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of 
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Source: 66 FR 6122, Jan. 19, 2001, unless otherwise noted.



                            Subpart A_Purpose



Sec. 1904.0  Purpose.

    The purpose of this rule (part 1904) is to require employers to 
record and report work-related fatalities, injuries, and illnesses.

    Note to Sec. 1904.0: Recording or reporting a work-related injury, 
illness, or fatality does not mean that the employer or employee was at 
fault, that an OSHA rule has been violated, or that the employee is 
eligible for workers' compensation or other benefits.

[82 FR 20548, May 3, 2017]



                             Subpart B_Scope

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



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

    (a) Basic requirement. (1) If your company had ten (10) or fewer 
employees at all times during the last calendar year, you do not need to 
keep OSHA injury

[[Page 48]]

and illness records unless OSHA or the BLS informs you in writing that 
you must keep records under Sec. 1904.41 or Sec. 1904.42. However, as 
required by Sec. 1904.39, all employers covered by the OSH Act must 
report to OSHA any workplace incident that results in a fatality or the 
hospitalization of three or more employees.
    (2) If your company had more than ten (10) employees at any time 
during the last calendar year, you must keep OSHA injury and illness 
records unless your establishment is classified as a partially exempt 
industry under Sec. 1904.2.
    (b) Implementation--(1) Is the partial exemption for size based on 
the size of my entire company or on the size of an individual business 
establishment? The partial exemption for size is based on the number of 
employees in the entire company.
    (2) How do I determine the size of my company to find out if I 
qualify for the partial exemption for size? To determine if you are 
exempt because of size, you need to determine your company's peak 
employment during the last calendar year. If you had no more than 10 
employees at any time in the last calendar year, your company qualifies 
for the partial exemption for size.



Sec. 1904.2  Partial exemption for establishments in certain 
industries.

    (a) Basic requirement. (1) If your business establishment is 
classified in a specific industry group listed in appendix A to this 
subpart, you do not need to keep OSHA injury and illness records unless 
the government asks you to keep the records under Sec. 1904.41 or 
Sec. 1904.42. However, all employers must report to OSHA any workplace 
incident that results in an employee's fatality, in-patient 
hospitalization, amputation, or loss of an eye (see Sec. 1904.39).
    (2) If one or more of your company's establishments are classified 
in a non-exempt industry, you must keep OSHA injury and illness records 
for all of such establishments unless your company is partially exempted 
because of size under Sec. 1904.1.
    (b) Implementation--(1) Is the partial industry classification 
exemption based on the industry classification of my entire company or 
on the classification of individual business establishments operated by 
my company? The partial industry classification exemption applies to 
individual business establishments. If a company has several business 
establishments engaged in different classes of business activities, some 
of the company's establishments may be required to keep records, while 
others may be partially exempt.
    (2) How do I determine the correct NAICS code for my company or for 
individual establishments? You can determine your NAICS code by using 
one of three methods, or you may contact your nearest OSHA office or 
State agency for help in determining your NAICS code:
    (i) You can use the search feature at the U.S. Census Bureau NAICS 
main Web page: http://www.census.gov/eos/www/naics/. In the search box 
for the most recent NAICS, enter a keyword that describes your kind of 
business. A list of primary business activities containing that keyword 
and the corresponding NAICS codes will appear. Choose the one that most 
closely corresponds to your primary business activity, or refine your 
search to obtain other choices.
    (ii) Rather than searching through a list of primary business 
activities, you may also view the most recent complete NAICS structure 
with codes and titles by clicking on the link for the most recent NAICS 
on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/
eos/www/naics/. Then click on the two-digit Sector code to see all the 
NAICS codes under that Sector. Then choose the six-digit code of your 
interest to see the corresponding definition, as well as cross-
references and index items, when available.
    (iii) If you know your old SIC code, you can also find the 
appropriate 2002 NAICS code by using the detailed conversion 
(concordance) between the 1987 SIC and 2002 NAICS available in Excel 
format for download at the ``Concordances'' link at the U.S. Census 
Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/.

[66 FR 6122, Jan. 19, 2001, as amended at 79 FR 56186, Sept. 18, 2014]

[[Page 49]]



Sec. 1904.3  Keeping records for more than one agency.

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



   Sec. Non-Mandatory Appendix A to Subpart B of Part 1904--Partially 
                            Exempt Industries

    Employers are not required to keep OSHA injury and illness records 
for any establishment classified in the following North American 
Industry Classification System (NAICS) codes, unless they are asked in 
writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a 
state agency operating under the authority of OSHA or the BLS. All 
employers, including those partially exempted by reason of company size 
or industry classification, must report to OSHA any employee's fatality, 
in-patient hospitalization, amputation, or loss of an eye (see 
Sec. 1904.39).

------------------------------------------------------------------------
           NAICS Code                            Industry
------------------------------------------------------------------------
4412...........................  Other Motor Vehicle Dealers.
4431...........................  Electronics and Appliance Stores.
4461...........................  Health and Personal Care Stores.
4471...........................  Gasoline Stations.
4481...........................  Clothing Stores.
4482...........................  Shoe Stores.
4483...........................  Jewelry, Luggage, and Leather Goods
                                  Stores.
4511...........................  Sporting Goods, Hobby, and Musical
                                  Instrument Stores.
4512...........................  Book, Periodical, and Music Stores.
4531...........................  Florists.
4532...........................  Office Supplies, Stationery, and Gift
                                  Stores.
4812...........................  Nonscheduled Air Transportation.
4861...........................  Pipeline Transportation of Crude Oil.
4862...........................  Pipeline Transportation of Natural Gas.
4869...........................  Other Pipeline Transportation.
4879...........................  Scenic and Sightseeing Transportation,
                                  Other.
4885...........................  Freight Transportation Arrangement.
5111...........................  Newspaper, Periodical, Book, and
                                  Directory Publishers.
5112...........................  Software Publishers.
5121...........................  Motion Picture and Video Industries.
5122...........................  Sound Recording Industries.
5151...........................  Radio and Television Broadcasting.
5172...........................  Wireless Telecommunications Carriers
                                  (except Satellite).
5173...........................  Telecommunications Resellers.
5179...........................  Other Telecommunications.
5181...........................  Internet Service Providers and Web
                                  Search Portals.
5182...........................  Data Processing, Hosting, and Related
                                  Services.
5191...........................  Other Information Services.
5211...........................  Monetary Authorities--Central Bank.
5221...........................  Depository Credit Intermediation.
5222...........................  Nondepository Credit Intermediation.
5223...........................  Activities Related to Credit
                                  Intermediation.
5231...........................  Securities and Commodity Contracts
                                  Intermediation and Brokerage.
5232...........................  Securities and Commodity Exchanges.
5239...........................  Other Financial Investment Activities.
5241...........................  Insurance Carriers.
5242...........................  Agencies, Brokerages, and Other
                                  Insurance Related Activities.
5251...........................  Insurance and Employee Benefit Funds.
5259...........................  Other Investment Pools and Funds.
5312...........................  Offices of Real Estate Agents and
                                  Brokers.
5331...........................  Lessors of Nonfinancial Intangible
                                  Assets (except Copyrighted Works).
5411...........................  Legal Services.
5412...........................  Accounting, Tax Preparation,
                                  Bookkeeping, and Payroll Services.
5413...........................  Architectural, Engineering, and Related
                                  Services.
5414...........................  Specialized Design Services.
5415...........................  Computer Systems Design and Related
                                  Services.
5416...........................  Management, Scientific, and Technical
                                  Consulting Services.
5417...........................  Scientific Research and Development
                                  Services.
5418...........................  Advertising and Related Services.
5511...........................  Management of Companies and
                                  Enterprises.
5611...........................  Office Administrative Services.
5614...........................  Business Support Services.
5615...........................  Travel Arrangement and Reservation
                                  Services.
5616...........................  Investigation and Security Services.
6111...........................  Elementary and Secondary Schools.
6112...........................  Junior Colleges.
6113...........................  Colleges, Universities, and
                                  Professional Schools.
6114...........................  Business Schools and Computer and
                                  Management Training.
6115...........................  Technical and Trade Schools.
6116...........................  Other Schools and Instruction.
6117...........................  Educational Support Services.
6211...........................  Offices of Physicians.
6212...........................  Offices of Dentists.
6213...........................  Offices of Other Health Practitioners.
6214...........................  Outpatient Care Centers.
6215...........................  Medical and Diagnostic Laboratories.
6244...........................  Child Day Care Services.
7114...........................  Agents and Managers for Artists,
                                  Athletes, Entertainers, and Other
                                  Public Figures.
7115...........................  Independent Artists, Writers, and
                                  Performers.
7213...........................  Rooming and Boarding Houses.
7221...........................  Full-Service Restaurants.
7222...........................  Limited-Service Eating Places.
7224...........................  Drinking Places (Alcoholic Beverages).
8112...........................  Electronic and Precision Equipment
                                  Repair and Maintenance.
8114...........................  Personal and Household Goods Repair and
                                  Maintenance.
8121...........................  Personal Care Services.
8122...........................  Death Care Services.
8131...........................  Religious Organizations.
8132...........................  Grantmaking and Giving Services.
8133...........................  Social Advocacy Organizations.
8134...........................  Civic and Social Organizations.
8139...........................  Business, Professional, Labor,
                                  Political, and Similar Organizations.
------------------------------------------------------------------------


[79 FR 56186, Sept. 18, 2014]

[[Page 50]]



          Subpart C_Recordkeeping Forms and Recording Criteria

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



Sec. 1904.4  Recording criteria.

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

[[Page 51]]

[GRAPHIC] [TIFF OMITTED] TR19JA01.098


[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91809, Dec. 19, 2016; 82 
FR 20548, May 3, 2017]



Sec. 1904.5  Determination of work-relatedness.

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

[[Page 52]]

work environment that falls under one of the following exceptions is not 
work-related, and therefore is not recordable.

------------------------------------------------------------------------
                          You are not required to record injuries and
     1904.5(b)(2)                      illnesses if . . .
------------------------------------------------------------------------
(i)..................  At the time of the injury or illness, the
                        employee was present in the work environment as
                        a member of the general public rather than as an
                        employee.
(ii).................  The injury or illness involves signs or symptoms
                        that surface at work but result solely from a
                        non-work-related event or exposure that occurs
                        outside the work environment.
(iii)................  The injury or illness results solely from
                        voluntary participation in a wellness program or
                        in a medical, fitness, or recreational activity
                        such as blood donation, physical examination,
                        flu shot, exercise class, racquetball, or
                        baseball.
(iv).................  The injury or illness is solely the result of an
                        employee eating, drinking, or preparing food or
                        drink for personal consumption (whether bought
                        on the employer's premises or brought in). For
                        example, if the employee is injured by choking
                        on a sandwich while in the employer's
                        establishment, the case would not be considered
                        work-related.
                       Note: If the employee is made ill by ingesting
                        food contaminated by workplace contaminants
                        (such as lead), or gets food poisoning from food
                        supplied by the employer, the case would be
                        considered work-related.
(v)..................  The injury or illness is solely the result of an
                        employee doing personal tasks (unrelated to
                        their employment) at the establishment outside
                        of the employee's assigned working hours.
(vi).................  The injury or illness is solely the result of
                        personal grooming, self medication for a non-
                        work-related condition, or is intentionally self-
                        inflicted.
(vii)................  The injury or illness is caused by a motor
                        vehicle accident and occurs on a company parking
                        lot or company access road while the employee is
                        commuting to or from work.
(viii)...............  The illness is the common cold or flu (Note:
                        contagious diseases such as tuberculosis,
                        brucellosis, hepatitis A, or plague are
                        considered work-related if the employee is
                        infected at work).
(ix).................  The illness is a mental illness. Mental illness
                        will not be considered work-related unless the
                        employee voluntarily provides the employer with
                        an opinion from a physician or other licensed
                        health care professional with appropriate
                        training and experience (psychiatrist,
                        psychologist, psychiatric nurse practitioner,
                        etc.) stating that the employee has a mental
                        illness that is work-related.
------------------------------------------------------------------------

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

[[Page 53]]

    Injuries or illnesses that occur when the employee is on travel 
status do not have to be recorded if they meet one of the exceptions 
listed below.

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

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



Sec. 1904.6  Determination of new cases.

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

[[Page 54]]

or other licensed health care professional's recommendation about 
whether the case is a new case or a recurrence. If you receive 
recommendations from two or more physicians or other licensed health 
care professionals, you must make a decision as to which recommendation 
is the most authoritative (best documented, best reasoned, or most 
authoritative), and record the case based upon that recommendation.



Sec. 1904.7  General recording criteria.

    (a) Basic requirement. You must consider an injury or illness to 
meet the general recording criteria, and therefore to be recordable, if 
it results in any of the following: death, days away from work, 
restricted work or transfer to another job, medical treatment beyond 
first aid, or loss of consciousness. You must also consider a case to 
meet the general recording criteria if it involves a significant injury 
or illness diagnosed by a physician or other licensed health care 
professional, even if it does not result in death, days away from work, 
restricted work or job transfer, medical treatment beyond first aid, or 
loss of consciousness.
    (b) Implementation--(1) How do I decide if a case meets one or more 
of the general recording criteria? A work-related injury or illness must 
be recorded if it results in one or more of the following:
    (i) Death. See Sec. 1904.7(b)(2).
    (ii) Days away from work. See Sec. 1904.7(b)(3).
    (iii) Restricted work or transfer to another job. See 
Sec. 1904.7(b)(4).
    (iv) Medical treatment beyond first aid. See Sec. 1904.7(b)(5).
    (v) Loss of consciousness. See Sec. 1904.7(b)(6).
    (vi) A significant injury or illness diagnosed by a physician or 
other licensed health care professional. See Sec. 1904.7(b)(7).
    (2) How do I record a work-related injury or illness that results in 
the employee's death? You must record an injury or illness that results 
in death by entering a check mark on the OSHA 300 Log in the space for 
cases resulting in death. You must also report any work-related fatality 
to OSHA within eight (8) hours, as required by Sec. 1904.39.
    (3) How do I record a work-related injury or illness that results in 
days away from work? When an injury or illness involves one or more days 
away from work, you must record the injury or illness on the OSHA 300 
Log with a check mark in the space for cases involving days away and an 
entry of the number of calendar days away from work in the number of 
days column. If the employee is out for an extended period of time, you 
must enter an estimate of the days that the employee will be away, and 
update the day count when the actual number of days is known.
    (i) Do I count the day on which the injury occurred or the illness 
began? No, you begin counting days away on the day after the injury 
occurred or the illness began.
    (ii) How do I record an injury or illness when a physician or other 
licensed health care professional recommends that the worker stay at 
home but the employee comes to work anyway? You must record these 
injuries and illnesses on the OSHA 300 Log using the check box for cases 
with days away from work and enter the number of calendar days away 
recommended by the physician or other licensed health care professional. 
If a physician or other licensed health care professional recommends 
days away, you should encourage your employee to follow that 
recommendation. However, the days away must be recorded whether the 
injured or ill employee follows the physician or licensed health care 
professional's recommendation or not. If you receive recommendations 
from two or more physicians or other licensed health care professionals, 
you may make a decision as to which recommendation is the most 
authoritative, and record the case based upon that recommendation.
    (iii) How do I handle a case when a physician or other licensed 
health care professional recommends that the worker return to work but 
the employee stays at home anyway? In this situation, you must end the 
count of days away from work on the date the physician or other licensed 
health care professional recommends that the employee return to work.
    (iv) How do I count weekends, holidays, or other days the employee 
would not have worked anyway? You must count

[[Page 55]]

the number of calendar days the employee was unable to work as a result 
of the injury or illness, regardless of whether or not the employee was 
scheduled to work on those day(s). Weekend days, holidays, vacation days 
or other days off are included in the total number of days recorded if 
the employee would not have been able to work on those days because of a 
work-related injury or illness.
    (v) How do I record a case in which a worker is injured or becomes 
ill on a Friday and reports to work on a Monday, and was not scheduled 
to work on the weekend? You need to record this case only if you receive 
information from a physician or other licensed health care professional 
indicating that the employee should not have worked, or should have 
performed only restricted work, during the weekend. If so, you must 
record the injury or illness as a case with days away from work or 
restricted work, and enter the day counts, as appropriate.
    (vi) How do I record a case in which a worker is injured or becomes 
ill on the day before scheduled time off such as a holiday, a planned 
vacation, or a temporary plant closing? You need to record a case of 
this type only if you receive information from a physician or other 
licensed health care professional indicating that the employee should 
not have worked, or should have performed only restricted work, during 
the scheduled time off. If so, you must record the injury or illness as 
a case with days away from work or restricted work, and enter the day 
counts, as appropriate.
    (vii) Is there a limit to the number of days away from work I must 
count? Yes, you may ``cap'' the total days away at 180 calendar days. 
You are not required to keep track of the number of calendar days away 
from work if the injury or illness resulted in more than 180 calendar 
days away from work and/or days of job transfer or restriction. In such 
a case, entering 180 in the total days away column will be considered 
adequate.
    (viii) May I stop counting days if an employee who is away from work 
because of an injury or illness retires or leaves my company? Yes, if 
the employee leaves your company for some reason unrelated to the injury 
or illness, such as retirement, a plant closing, or to take another job, 
you may stop counting days away from work or days of restriction/job 
transfer. If the employee leaves your company because of the injury or 
illness, you must estimate the total number of days away or days of 
restriction/job transfer and enter the day count on the 300 Log.
    (ix) If a case occurs in one year but results in days away during 
the next calendar year, do I record the case in both years? No, you only 
record the injury or illness once. You must enter the number of calendar 
days away for the injury or illness on the OSHA 300 Log for the year in 
which the injury or illness occurred. If the employee is still away from 
work because of the injury or illness when you prepare the annual 
summary, estimate the total number of calendar days you expect the 
employee to be away from work, use this number to calculate the total 
for the annual summary, and then update the initial log entry later when 
the day count is known or reaches the 180-day cap.
    (4) How do I record a work-related injury or illness that results in 
restricted work or job transfer? When an injury or illness involves 
restricted work or job transfer but does not involve death or days away 
from work, you must record the injury or illness on the OSHA 300 Log by 
placing a check mark in the space for job transfer or restriction and an 
entry of the number of restricted or transferred days in the restricted 
workdays column.
    (i) How do I decide if the injury or illness resulted in restricted 
work? Restricted work occurs when, as the result of a work-related 
injury or illness:
    (A) You keep the employee from performing one or more of the routine 
functions of his or her job, or from working the full workday that he or 
she would otherwise have been scheduled to work; or
    (B) A physician or other licensed health care professional 
recommends that the employee not perform one or more of the routine 
functions of his or her job, or not work the full workday that he or she 
would otherwise have been scheduled to work.
    (ii) What is meant by ``routine functions''? For recordkeeping 
purposes, an

[[Page 56]]

employee's routine functions are those work activities the employee 
regularly performs at least once per week.
    (iii) Do I have to record restricted work or job transfer if it 
applies only to the day on which the injury occurred or the illness 
began? No, you do not have to record restricted work or job transfers if 
you, or the physician or other licensed health care professional, impose 
the restriction or transfer only for the day on which the injury 
occurred or the illness began.
    (iv) If you or a physician or other licensed health care 
professional recommends a work restriction, is the injury or illness 
automatically recordable as a ``restricted work'' case? No, a 
recommended work restriction is recordable only if it affects one or 
more of the employee's routine job functions. To determine whether this 
is the case, you must evaluate the restriction in light of the routine 
functions of the injured or ill employee's job. If the restriction from 
you or the physician or other licensed health care professional keeps 
the employee from performing one or more of his or her routine job 
functions, or from working the full workday the injured or ill employee 
would otherwise have worked, the employee's work has been restricted and 
you must record the case.
    (v) How do I record a case where the worker works only for a partial 
work shift because of a work-related injury or illness? A partial day of 
work is recorded as a day of job transfer or restriction for 
recordkeeping purposes, except for the day on which the injury occurred 
or the illness began.
    (vi) If the injured or ill worker produces fewer goods or services 
than he or she would have produced prior to the injury or illness but 
otherwise performs all of the routine functions of his or her work, is 
the case considered a restricted work case? No, the case is considered 
restricted work only if the worker does not perform all of the routine 
functions of his or her job or does not work the full shift that he or 
she would otherwise have worked.
    (vii) How do I handle vague restrictions from a physician or other 
licensed health care professional, such as that the employee engage only 
in ``light duty'' or ``take it easy for a week''? If you are not clear 
about the physician or other licensed health care professional's 
recommendation, you may ask that person whether the employee can do all 
of his or her routine job functions and work all of his or her normally 
assigned work shift. If the answer to both of these questions is 
``Yes,'' then the case does not involve a work restriction and does not 
have to be recorded as such. If the answer to one or both of these 
questions is ``No,'' the case involves restricted work and must be 
recorded as a restricted work case. If you are unable to obtain this 
additional information from the physician or other licensed health care 
professional who recommended the restriction, record the injury or 
illness as a case involving restricted work.
    (viii) What do I do if a physician or other licensed health care 
professional recommends a job restriction meeting OSHA's definition, but 
the employee does all of his or her routine job functions anyway? You 
must record the injury or illness on the OSHA 300 Log as a restricted 
work case. If a physician or other licensed health care professional 
recommends a job restriction, you should ensure that the employee 
complies with that restriction. If you receive recommendations from two 
or more physicians or other licensed health care professionals, you may 
make a decision as to which recommendation is the most authoritative, 
and record the case based upon that recommendation.
    (ix) How do I decide if an injury or illness involved a transfer to 
another job? If you assign an injured or ill employee to a job other 
than his or her regular job for part of the day, the case involves 
transfer to another job. Note: This does not include the day on which 
the injury or illness occurred.
    (x) Are transfers to another job recorded in the same way as 
restricted work cases? Yes, both job transfer and restricted work cases 
are recorded in the same box on the OSHA 300 Log. For example, if you 
assign, or a physician or other licensed health care professional 
recommends that you assign, an injured or ill worker to his or her 
routine job duties for part of the day and to another job for the rest 
of the day, the injury or illness involves a job transfer.

[[Page 57]]

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

[[Page 58]]

physician or other licensed health care professional, they are 
considered first aid for the purposes of part 1904. Similarly, OSHA 
considers treatment beyond first aid to be medical treatment even when 
it is provided by someone other than a physician or other licensed 
health care professional.
    (v) What if a physician or other licensed health care professional 
recommends medical treatment but the employee does not follow the 
recommendation? If a physician or other licensed health care 
professional recommends medical treatment, you should encourage the 
injured or ill employee to follow that recommendation. However, you must 
record the case even if the injured or ill employee does not follow the 
physician or other licensed health care professional's recommendation.
    (6) Is every work-related injury or illness case involving a loss of 
consciousness recordable? Yes, you must record a work-related injury or 
illness if the worker becomes unconscious, regardless of the length of 
time the employee remains unconscious.
    (7) What is a ``significant'' diagnosed injury or illness that is 
recordable under the general criteria even if it does not result in 
death, days away from work, restricted work or job transfer, medical 
treatment beyond first aid, or loss of consciousness? Work-related cases 
involving cancer, chronic irreversible disease, a fractured or cracked 
bone, or a punctured eardrum must always be recorded under the general 
criteria at the time of diagnosis by a physician or other licensed 
health care professional.

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



Sec. 1904.8  Recording criteria for needlestick and sharps injuries.

    (a) Basic requirement. You must record all work-related needlestick 
injuries and cuts from sharp objects that are contaminated with another 
person's blood or other potentially infectious material (as defined by 
29 CFR 1910.1030). You must enter the case on the OSHA 300 Log as an 
injury. To protect the employee's privacy, you may not enter the 
employee's name on the OSHA 300 Log (see the requirements for privacy 
cases in paragraphs 1904.29(b)(6) through 1904.29(b)(9)).
    (b) Implementation--(1) What does ``other potentially infectious 
material'' mean? The term ``other potentially infectious materials'' is 
defined in the OSHA Bloodborne Pathogens standard at Sec. 1910.1030(b). 
These materials include:
    (i) Human bodily fluids, tissues and organs, and
    (ii) Other materials infected with the HIV or hepatitis B (HBV) 
virus such as laboratory cultures or tissues from experimental animals.
    (2) Does this mean that I must record all cuts, lacerations, 
punctures, and scratches? No, you need to record cuts, lacerations, 
punctures, and scratches only if they are work-related and involve 
contamination with another person's blood or other potentially 
infectious material. If the cut, laceration, or scratch involves a clean 
object, or a contaminant other than blood or other potentially 
infectious material, you need to record the case only if it meets one or 
more of the recording criteria in Sec. 1904.7.
    (3) If I record an injury and the employee is later diagnosed with 
an infectious bloodborne disease, do I need to update the OSHA 300 Log? 
Yes, you must update the classification of the case on the OSHA 300 Log 
if the case results in death, days away from work, restricted work, or 
job transfer. You must also update the description to identify the 
infectious disease and change the classification of the case from an 
injury to an illness.

[[Page 59]]

    (4) What if one of my employees is splashed or exposed to blood or 
other potentially infectious material without being cut or scratched? Do 
I need to record this incident? You need to record such an incident on 
the OSHA 300 Log as an illness if:
    (i) It results in the diagnosis of a bloodborne illness, such as 
HIV, hepatitis B, or hepatitis C; or
    (ii) It meets one or more of the recording criteria in Sec. 1904.7.



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

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



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

    (a) Basic requirement. If an employee's hearing test (audiogram) 
reveals that the employee has experienced a work-related Standard 
Threshold Shift (STS) in hearing in one or both ears, and the employee's 
total hearing level is 25 decibels (dB) or more above audiometric zero 
(averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS, you 
must record the case on the OSHA 300 Log.
    (b) Implementation--(1) What is a Standard Threshold Shift? A 
Standard Threshold Shift, or STS, is defined in the occupational noise 
exposure standard at 29 CFR 1910.95(g)(10)(i) as a change in hearing 
threshold, relative to the baseline audiogram for that employee, of an 
average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz) 
in one or both ears.
    (2) How do I evaluate the current audiogram to determine whether an 
employee has an STS and a 25-dB hearing level?--(i) STS. If the employee 
has never previously experienced a recordable hearing loss, you must 
compare the employee's current audiogram with that employee's baseline 
audiogram. If the employee has previously experienced a recordable 
hearing loss, you must compare the employee's current audiogram with the 
employee's revised baseline audiogram (the audiogram reflecting the 
employee's previous recordable hearing loss case).
    (ii) 25-dB loss. Audiometric test results reflect the employee's 
overall hearing ability in comparison to audiometric zero. Therefore, 
using the employee's current audiogram, you must use the average hearing 
level at 2000, 3000, and 4000 Hz to determine whether or not the 
employee's total hearing level is 25 dB or more.
    (3) May I adjust the current audiogram to reflect the effects of 
aging on hearing? Yes. When you are determining whether an STS has 
occurred, you may age adjust the employee's current audiogram results by 
using Tables F-1 or F-2, as appropriate, in appendix F of 29 CFR 
1910.95. You may not use an age adjustment when determining whether the 
employee's total hearing level is 25 dB or more above audiometric zero.
    (4) Do I have to record the hearing loss if I am going to retest the 
employee's hearing? No, if you retest the employee's hearing within 30 
days of the first test, and the retest does not confirm

[[Page 60]]

the recordable STS, you are not required to record the hearing loss case 
on the OSHA 300 Log. If the retest confirms the recordable STS, you must 
record the hearing loss illness within seven (7) calendar days of the 
retest. If subsequent audiometric testing performed under the testing 
requirements of the Sec. 1910.95 noise standard indicates that an STS is 
not persistent, you may erase or line-out the recorded entry.
    (5) Are there any special rules for determining whether a hearing 
loss case is work-related? No. You must use the rules in Sec. 1904.5 to 
determine if the hearing loss is work-related. If an event or exposure 
in the work environment either caused or contributed to the hearing 
loss, or significantly aggravated a pre-existing hearing loss, you must 
consider the case to be work related.
    (6) If a physician or other licensed health care professional 
determines the hearing loss is not work-related, do I still need to 
record the case?If a physician or other licensed health care 
professional determines that the hearing loss is not work-related or has 
not been significantly aggravated by occupational noise exposure, you 
are not required to consider the case work-related or to record the case 
on the OSHA 300 Log.
    (7) How do I complete the 300 Log for a hearing loss case? When you 
enter a recordable hearing loss case on the OSHA 300 Log, you must check 
the 300 Log column for hearing loss.

    (Note: Sec. 1904.10(b)(7) is effective beginning January 1, 2004.)

[67 FR 44047, July 1, 2002, as amended at 67 FR 77170, Dec. 17, 2002]



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

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



Secs. 1904.13-1904.28  [Reserved]



Sec. 1904.29  Forms.

    (a) Basic requirement. You must use OSHA 300, 300-A, and 301 forms, 
or equivalent forms, for recordable injuries and illnesses. The OSHA 300 
form is called the Log of Work-Related Injuries and Illnesses, the 300-A 
is the Summary of Work-Related Injuries and Illnesses, and the OSHA 301 
form is called the Injury and Illness Incident Report.
    (b) Implementation--(1) What do I need to do to complete the OSHA 
300 Log? You must enter information about your business at the top of 
the OSHA 300 Log, enter a one or two line description for each 
recordable injury or illness, and summarize this information on the OSHA 
300-A at the end of the year.
    (2) What do I need to do to complete the OSHA 301 Incident Report? 
You must complete an OSHA 301 Incident Report form, or an equivalent 
form, for each recordable injury or illness entered on the OSHA 300 Log.
    (3) How quickly must each injury or illness be recorded? You must 
enter each recordable injury or illness on the OSHA 300 Log and 301 
Incident Report within seven (7) calendar days of receiving information 
that a recordable injury or illness has occurred.
    (4) What is an equivalent form? An equivalent form is one that has 
the

[[Page 61]]

same information, is as readable and understandable, and is completed 
using the same instructions as the OSHA form it replaces. Many employers 
use an insurance form instead of the OSHA 301 Incident Report, or 
supplement an insurance form by adding any additional information 
required by OSHA.
    (5) May I keep my records on a computer? Yes, if the computer can 
produce equivalent forms when they are needed, as described under 
Secs. 1904.35 and 1904.40, you may keep your records using the computer 
system.
    (6) Are there situations where I do not put the employee's name on 
the forms for privacy reasons? Yes, if you have a ``privacy concern 
case,'' you may not enter the employee's name on the OSHA 300 Log. 
Instead, enter ``privacy case'' in the space normally used for the 
employee's name. This will protect the privacy of the injured or ill 
employee when another employee, a former employee, or an authorized 
employee representative is provided access to the OSHA 300 Log under 
Sec. 1904.35(b)(2). You must keep a separate, confidential list of the 
case numbers and employee names for your privacy concern cases so you 
can update the cases and provide the information to the government if 
asked to do so.
    (7) How do I determine if an injury or illness is a privacy concern 
case? You must consider the following injuries or illnesses to be 
privacy concern cases:
    (i) An injury or illness to an intimate body part or the 
reproductive system;
    (ii) An injury or illness resulting from a sexual assault;
    (iii) Mental illnesses;
    (iv) HIV infection, hepatitis, or tuberculosis;
    (v) Needlestick injuries and cuts from sharp objects that are 
contaminated with another person's blood or other potentially infectious 
material (see Sec. 1904.8 for definitions); and
    (vi) Other illnesses, if the employee voluntarily requests that his 
or her name not be entered on the log.
    (8) May I classify any other types of injuries and illnesses as 
privacy concern cases? No, this is a complete list of all injuries and 
illnesses considered privacy concern cases for part 1904 purposes.
    (9) If I have removed the employee's name, but still believe that 
the employee may be identified from the information on the forms, is 
there anything else that I can do to further protect the employee's 
privacy? Yes, if you have a reasonable basis to believe that information 
describing the privacy concern case may be personally identifiable even 
though the employee's name has been omitted, you may use discretion in 
describing the injury or illness on both the OSHA 300 and 301 forms. You 
must enter enough information to identify the cause of the incident and 
the general severity of the injury or illness, but you do not need to 
include details of an intimate or private nature. For example, a sexual 
assault case could be described as ``injury from assault,'' or an injury 
to a reproductive organ could be described as ``lower abdominal 
injury.''
    (10) What must I do to protect employee privacy if I wish to provide 
access to the OSHA Forms 300 and 301 to persons other than government 
representatives, employees, former employees or authorized 
representatives? If you decide to voluntarily disclose the Forms to 
persons other than government representatives, employees, former 
employees or authorized representatives (as required by Secs. 1904.35 
and 1904.40), you must remove or hide the employees' names and other 
personally identifying information, except for the following cases. You 
may disclose the Forms with personally identifying information only:
    (i) to an auditor or consultant hired by the employer to evaluate 
the safety and health program;
    (ii) to the extent necessary for processing a claim for workers' 
compensation or other insurance benefits; or
    (iii) to a public health authority or law enforcement agency for 
uses and disclosures for which consent, an authorization, or opportunity 
to agree or object is not required under Department of Health and Human 
Services Standards for Privacy of Individually Identifiable Health 
Information, 45 CFR 164.512.

[66 FR 6122, Jan. 19, 2001, as amended at 66 FR 52034, Oct. 12, 2001; 67 
FR 77170, Dec. 17, 2002; 68 FR 38607, June 30, 2003; 81 FR 91809, Dec. 
19, 2016; 82 FR 20548, May 3, 2017]

[[Page 62]]



   Subpart D_Other OSHA Injury and Illness Recordkeeping Requirements



Sec. 1904.30  Multiple business establishments.

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



Sec. 1904.31  Covered employees.

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

[[Page 63]]

leased or contract employees that I supervise on a day-to-day basis? No, 
you and the temporary help service, employee leasing service, personnel 
supply service, or contractor should coordinate your efforts to make 
sure that each injury and illness is recorded only once: either on your 
OSHA 300 Log (if you provide day-to-day supervision) or on the other 
employer's OSHA 300 Log (if that company provides day-to-day 
supervision).



Sec. 1904.32  Annual summary.

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

[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 
FR 20548, May 3, 2017]



Sec. 1904.33  Retention and updating.

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

[[Page 64]]

    (3) Do I have to update the OSHA 301 Incident Reports? No, you are 
not required to update the OSHA 301 Incident Reports, but you may do so 
if you wish.

[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 
FR 20548, May 3, 2017]



Sec. 1904.34  Change in business ownership.

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

[82 FR 20549, May 3, 2017]



Sec. 1904.35  Employee involvement.

    (a) Basic requirement. Your employees and their representatives must 
be involved in the recordkeeping system in several ways.
    (1) You must inform each employee of how he or she is to report a 
work-related injury or illness to you.
    (2) You must provide employees with the information described in 
paragraph (b)(1)(iii) of this section.
    (3) You must provide access to your injury and illness records for 
your employees and their representatives as described in paragraph 
(b)(2) of this section.
    (b) Implementation--(1) What must I do to make sure that employees 
report work-related injuries and illnesses to me? (i) You must establish 
a reasonable procedure for employees to report work-related injuries and 
illnesses promptly and accurately. A procedure is not reasonable if it 
would deter or discourage a reasonable employee from accurately 
reporting a workplace injury or illness;
    (ii) You must inform each employee of your procedure for reporting 
work-related injuries and illnesses;
    (iii) You must inform each employee that:
    (A) Employees have the right to report work-related injuries and 
illnesses; and
    (B) Employers are prohibited from discharging or in any manner 
discriminating against employees for reporting work-related injuries or 
illnesses; and
    (iv) You must not discharge or in any manner discriminate against 
any employee for reporting a work-related injury or illness.
    (2) Do I have to give my employees and their representatives access 
to the OSHA injury and illness records? Yes, your employees, former 
employees, their personal representatives, and their authorized employee 
representatives have the right to access the OSHA injury and illness 
records, with some limitations, as discussed below.
    (i) Who is an authorized employee representative? An authorized 
employee representative is an authorized collective bargaining agent of 
employees.
    (ii) Who is a ``personal representative'' of an employee or former 
employee? A personal representative is:
    (A) Any person that the employee or former employee designates as 
such, in writing; or
    (B) The legal representative of a deceased or legally incapacitated 
employee or former employee.
    (iii) If an employee or representative asks for access to the OSHA 
300 Log, when do I have to provide it? When an employee, former 
employee, personal representative, or authorized employee representative 
asks for copies of your current or stored OSHA 300 Log(s) for an 
establishment the employee or former employee has worked in, you must 
give the requester a copy of the relevant OSHA 300 Log(s) by the end of 
the next business day.
    (iv) May I remove the names of the employees or any other 
information from the OSHA 300 Log before I give copies to an employee, 
former employee, or employee representative? No, you must leave the 
names on the 300 Log. However, to protect the privacy of injured and ill 
employees, you may not record the employee's name on the OSHA 300 Log 
for certain ``privacy concern cases,'' as specified in 
Sec. 1904.29(b)(6) through (9).
    (v) If an employee or representative asks for access to the OSHA 301 
Incident Report, when do I have to provide it? (A) When an employee, 
former employee, or personal representative asks for a copy of the OSHA 
301 Incident Report

[[Page 65]]

describing an injury or illness to that employee or former employee, you 
must give the requester a copy of the OSHA 301 Incident Report 
containing that information by the end of the next business day.
    (B) When an authorized employee representative asks for copies of 
the OSHA 301 Incident Reports for an establishment where the agent 
represents employees under a collective bargaining agreement, you must 
give copies of those forms to the authorized employee representative 
within 7 calendar days. You are only required to give the authorized 
employee representative information from the OSHA 301 Incident Report 
section titled ``Tell us about the case.'' You must remove all other 
information from the copy of the OSHA 301 Incident Report or the 
equivalent substitute form that you give to the authorized employee 
representative.
    (vi) May I charge for the copies? No, you may not charge for these 
copies the first time they are provided. However, if one of the 
designated persons asks for additional copies, you may assess a 
reasonable charge for retrieving and copying the records.

[81 FR 29691, May 12, 2016; 81 FR 31854, May 20, 2016, as amended at 81 
FR 91810, Dec. 19, 2016; 82 FR 20549, May 3, 2017]



Sec. 1904.36  Prohibition against discrimination.

    In addition to Sec. 1904.35, section 11(c) of the OSH Act also 
prohibits you from discriminating against an employee for reporting a 
work-related fatality, injury, or illness. That provision of the Act 
also protects the employee who files a safety and health complaint, asks 
for access to the part 1904 records, or otherwise exercises any rights 
afforded by the OSH Act.

[81 FR 29692, May 12, 2016]



Sec. 1904.37  State recordkeeping regulations.

    (a) Basic requirement. Some States operate their own OSHA programs, 
under the authority of a State plan as approved by OSHA. States 
operating OSHA-approved State plans must have occupational injury and 
illness recording and reporting requirements that are substantially 
identical to the requirements in this part (see 29 CFR 1902.3(j), 29 CFR 
1902.7, and 29 CFR 1956.10(i)).
    (b) Implementation. (1) State-Plan States must have the same 
requirements as Federal OSHA for determining which injuries and 
illnesses are recordable and how they are recorded.
    (2) For other part 1904 provisions (for example, industry 
exemptions, reporting of fatalities and hospitalizations, record 
retention, or employee involvement), State-Plan State requirements may 
be more stringent than or supplemental to the Federal requirements, but 
because of the unique nature of the national recordkeeping program, 
States must consult with and obtain approval of any such requirements.
    (3) Although State and local government employees are not covered 
Federally, all State-Plan States must provide coverage, and must develop 
injury and illness statistics, for these workers. State Plan recording 
and reporting requirements for State and local government entities may 
differ from those for the private sector but must meet the requirements 
of paragraphs 1904.37(b)(1) and (b)(2).
    (4) A State-Plan State may not issue a variance to a private sector 
employer and must recognize all variances issued by Federal OSHA.
    (5) A State Plan State may only grant an injury and illness 
recording and reporting variance to a State or local government employer 
within the State after obtaining approval to grant the variance from 
Federal OSHA.

[66 FR 6122, Jan. 19, 2001, as amended at 80 FR 49904, Aug. 18, 2015]



Sec. 1904.38  Variances from the recordkeeping rule.

    (a) Basic requirement. If you wish to keep records in a different 
manner from the manner prescribed by the part 1904 regulations, you may 
submit a variance petition to the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, Washington, DC 
20210. You can obtain a variance only if you can show that your 
alternative recordkeeping system:
    (1) Collects the same information as this part requires;
    (2) Meets the purposes of the Act; and

[[Page 66]]

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



  Subpart E_Reporting Fatality, Injury and Illness Information to the 
                               Government

    Authority: 29 U.S.C. 657, 673, 5 U.S.C. 553, and Secretary of 
Labor's Order 1-2012 (77 FR 3912, Jan. 25, 2012).

[[Page 67]]



Sec. 1904.39  Reporting fatalities, hospitalizations, amputations, 
and losses of an eye as a result of work-related incidents to OSHA.

    (a) Basic requirement. (1) Within eight (8) hours after the death of 
any employee as a result of a work-related incident, you must report the 
fatality to the Occupational Safety and Health Administration (OSHA), 
U.S. Department of Labor.
    (2) Within twenty-four (24) hours after the in-patient 
hospitalization of one or more employees or an employee's amputation or 
an employee's loss of an eye, as a result of a work-related incident, 
you must report the in-patient hospitalization, amputation, or loss of 
an eye to OSHA.
    (3) You must report the fatality, in-patient hospitalization, 
amputation, or loss of an eye using one of the following methods:
    (i) By telephone or in person to the OSHA Area Office that is 
nearest to the site of the incident.
    (ii) By telephone to the OSHA toll-free central telephone number, 1-
800-321-OSHA (1-800-321-6742).
    (iii) By electronic submission using the reporting application 
located on OSHA's public Web site at www.osha.gov.
    (b) Implementation--(1) If the Area Office is closed, may I report 
the fatality, in-patient hospitalization, amputation, or loss of an eye 
by leaving a message on OSHA's answering machine, faxing the Area 
Office, or sending an email? No, if the Area Office is closed, you must 
report the fatality, in-patient hospitalization, amputation, or loss of 
an eye using either the 800 number or the reporting application located 
on OSHA's public Web site at www.osha.gov.
    (2) What information do I need to give to OSHA about the in-patient 
hospitalization, amputation, or loss of an eye? You must give OSHA the 
following information for each fatality, in-patient hospitalization, 
amputation, or loss of an eye:
    (i) The establishment name;
    (ii) The location of the work-related incident;
    (iii) The time of the work-related incident;
    (iv) The type of reportable event (i.e., fatality, in-patient 
hospitalization, amputation, or loss of an eye);
    (v) The number of employees who suffered a fatality, in-patient 
hospitalization, amputation, or loss of an eye;
    (vi) The names of the employees who suffered a fatality, in-patient 
hospitalization, amputation, or loss of an eye;
    (vii) Your contact person and his or her phone number; and
    (viii) A brief description of the work-related incident.
    (3) Do I have to report the fatality, in-patient hospitalization, 
amputation, or loss of an eye if it resulted from a motor vehicle 
accident on a public street or highway? If the motor vehicle accident 
occurred in a construction work zone, you must report the fatality, in-
patient hospitalization, amputation, or loss of an eye. If the motor 
vehicle accident occurred on a public street or highway, but not in a 
construction work zone, you do not have to report the fatality, in-
patient hospitalization, amputation, or loss of an eye to OSHA. However, 
the fatality, in-patient hospitalization, amputation, or loss of an eye 
must be recorded on your OSHA injury and illness records, if you are 
required to keep such records.
    (4) Do I have to report the fatality, in-patient hospitalization, 
amputation, or loss of an eye if it occurred on a commercial or public 
transportation system? No, you do not have to report the fatality, in-
patient hospitalization, amputation, or loss of an eye to OSHA if it 
occurred on a commercial or public transportation system (e.g., 
airplane, train, subway, or bus). However, the fatality, in-patient 
hospitalization, amputation, or loss of an eye must be recorded on your 
OSHA injury and illness records, if you are required to keep such 
records.
    (5) Do I have to report a work-related fatality or in-patient 
hospitalization caused by a heart attack? Yes, your local OSHA Area 
Office director will decide whether to investigate the event, depending 
on the circumstances of the heart attack.
    (6) What if the fatality, in-patient hospitalization, amputation, or 
loss of an eye does not occur during or right after the

[[Page 68]]

work-related incident? You must only report a fatality to OSHA if the 
fatality occurs within thirty (30) days of the work-related incident. 
For an in-patient hospitalization, amputation, or loss of an eye, you 
must only report the event to OSHA if it occurs within twenty-four (24) 
hours of the work-related incident. However, the fatality, in-patient 
hospitalization, amputation, or loss of an eye must be recorded on your 
OSHA injury and illness records, if you are required to keep such 
records.
    (7) What if I don't learn about a reportable fatality, in-patient 
hospitalization, amputation, or loss of an eye right away? If you do not 
learn about a reportable fatality, in-patient hospitalization, 
amputation, or loss of an eye at the time it takes place, you must make 
the report to OSHA within the following time period after the fatality, 
in-patient hospitalization, amputation, or loss of an eye is reported to 
you or to any of your agent(s): Eight (8) hours for a fatality, and 
twenty-four (24) hours for an in-patient hospitalization, an amputation, 
or a loss of an eye.
    (8) What if I don't learn right away that the reportable fatality, 
in-patient hospitalization, amputation, or loss of an eye was the result 
of a work-related incident? If you do not learn right away that the 
reportable fatality, in-patient hospitalization, amputation, or loss of 
an eye was the result of a work-related incident, you must make the 
report to OSHA within the following time period after you or any of your 
agent(s) learn that the reportable fatality, in-patient hospitalization, 
amputation, or loss of an eye was the result of a work-related incident: 
Eight (8) hours for a fatality, and twenty-four (24) hours for an in-
patient hospitalization, an amputation, or a loss of an eye.
    (9) How does OSHA define ``in-patient hospitalization''? OSHA 
defines in-patient hospitalization as a formal admission to the in-
patient service of a hospital or clinic for care or treatment.
    (10) Do I have to report an in-patient hospitalization that involves 
only observation or diagnostic testing? No, you do not have to report an 
in-patient hospitalization that involves only observation or diagnostic 
testing. You must only report to OSHA each in-patient hospitalization 
that involves care or treatment.
    (11) How does OSHA define ``amputation''? An amputation is the 
traumatic loss of a limb or other external body part. Amputations 
include a part, such as a limb or appendage, that has been severed, cut 
off, amputated (either completely or partially); fingertip amputations 
with or without bone loss; medical amputations resulting from 
irreparable damage; amputations of body parts that have since been 
reattached. Amputations do not include avulsions, enucleations, 
deglovings, scalpings, severed ears, or broken or chipped teeth.

[79 FR 56187, Sept. 18, 2014]



Sec. 1904.40  Providing records to government representatives.

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

[[Page 69]]

which the records are located when calculating the deadline.

[66 FR 6122, Jan. 19, 2001, as amended at 81 FR 91810, Dec. 19, 2016; 82 
FR 20549, May 3, 2017]



Sec. 1904.41  Electronic submission of injury and illness records
to OSHA.

    (a) Basic requirements--(1) Annual electronic submission of part 
1904 records by establishments with 250 or more employees. If your 
establishment had 250 or more employees at any time during the previous 
calendar year, and this part requires your establishment to keep 
records, then you must electronically submit information from the three 
recordkeeping forms that you keep under this part (OSHA Form 300A 
Summary of Work-Related Injuries and Illnesses, OSHA Form 300 Log of 
Work-Related Injuries and Illnesses, and OSHA Form 301 Injury and 
Illness Incident Report) to OSHA or OSHA's designee. You must submit the 
information once a year, no later than the date listed in paragraph (c) 
of this section of the year after the calendar year covered by the 
forms.
    (2) Annual electronic submission of OSHA Form 300A Summary of Work-
Related Injuries and Illnesses by establishments with 20 or more 
employees but fewer than 250 employees in designated industries. If your 
establishment had 20 or more employees but fewer than 250 employees at 
any time during the previous calendar year, and your establishment is 
classified in an industry listed in appendix A to subpart E of this 
part, then you must electronically submit information from OSHA Form 
300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's 
designee. You must submit the information once a year, no later than the 
date listed in paragraph (c) of this section of the year after the 
calendar year covered by the form.
    (3) Electronic submission of part 1904 records upon notification. 
Upon notification, you must electronically submit the requested 
information from your part 1904 records to OSHA or OSHA's designee.
    (b) Implementation--(1) Does every employer have to routinely submit 
information from the injury and illness records to OSHA? No, only two 
categories of employers must routinely submit information from their 
injury and illness records. First, if your establishment had 250 or more 
employees at any time during the previous calendar year, and this part 
requires your establishment to keep records, then you must submit the 
required Form 300A, 300, and 301 information to OSHA once a year. 
Second, if your establishment had 20 or more employees but fewer than 
250 employees at any time during the previous calendar year, and your 
establishment is classified in an industry listed in appendix A to 
subpart E of this part, then you must submit the required Form 300A 
information to OSHA once a year. Employers in these two categories must 
submit the required information by the date listed in paragraph (c) of 
this section of the year after the calendar year covered by the form or 
forms (for example, 2017 for the 2016 forms). If you are not in either 
of these two categories, then you must submit information from the 
injury and illness records to OSHA only if OSHA notifies you to do so 
for an individual data collection.
    (2) If I have to submit information under paragraph (a)(1) of this 
section, do I have to submit all of the information from the 
recordkeeping form? No, you are required to submit all of the 
information from the form except the following:
    (i) Log of Work-Related Injuries and Illnesses (OSHA Form 300): 
Employee name (column B).
    (ii) Injury and Illness Incident Report (OSHA Form 301): Employee 
name (field 1), employee address (field 2), name of physician or other 
health care professional (field 6), facility name and address if 
treatment was given away from the worksite (field 7).
    (3) Do part-time, seasonal, or temporary workers count as employees 
in the criteria for number of employees in paragraph (a) of this 
section? Yes, each individual employed in the establishment at any time 
during the calendar year counts as one employee, including full-time, 
part-time, seasonal, and temporary workers.
    (4) How will OSHA notify me that I must submit information from the 
injury and illness records as part of an individual data collection 
under paragraph (a)(3) of this section? OSHA will notify you by mail if 
you will have to submit

[[Page 70]]

information as part of an individual data collection under paragraph 
(a)(3). OSHA will also announce individual data collections through 
publication in the Federal Register and the OSHA newsletter, and 
announcements on the OSHA Web site. If you are an employer who must 
routinely submit the information, then OSHA will not notify you about 
your routine submittal.
    (5) How often do I have to submit the information from the injury 
and illness records? If you are required to submit information under 
paragraph (a)(1) or (2) of this section, then you must submit the 
information once a year, by the date listed in paragraph (c) of this 
section of the year after the calendar year covered by the form or 
forms. If you are submitting information because OSHA notified you to 
submit information as part of an individual data collection under 
paragraph (a)(3) of this section, then you must submit the information 
as often as specified in the notification.
    (6) How do I submit the information? You must submit the information 
electronically. OSHA will provide a secure Web site for the electronic 
submission of information. For individual data collections under 
paragraph (a)(3) of this section, OSHA will include the Web site's 
location in the notification for the data collection.
    (7) Do I have to submit information if my establishment is partially 
exempt from keeping OSHA injury and illness records? If you are 
partially exempt from keeping injury and illness records under 
Secs. 1904.1 and/or 1904.2, then you do not have to routinely submit 
part 1904 information under paragraphs (a)(1) and (2) of this section. 
You will have to submit information under paragraph (a)(3) of this 
section if OSHA informs you in writing that it will collect injury and 
illness information from you. If you receive such a notification, then 
you must keep the injury and illness records required by this part and 
submit information as directed.
    (8) Do I have to submit information if I am located in a State Plan 
State? Yes, the requirements apply to employers located in State Plan 
States.
    (9) May an enterprise or corporate office electronically submit part 
1904 records for its establishment(s)? Yes, if your enterprise or 
corporate office had ownership of or control over one or more 
establishments required to submit information under paragraph (a)(1) or 
(2) of this section, then the enterprise or corporate office may collect 
and electronically submit the information for the establishment(s).
    (c) Reporting dates. (1) In 2017 and 2018, establishments required 
to submit under paragraph (a)(1) or (2) of this section must submit the 
required information according to the table in this paragraph (c)(1):

------------------------------------------------------------------------
                    Establishments
                   submitting under   Establishments
                   paragraph (a)(1)  submitting under
                    of this section  paragraph (a)(2)
 Submission year    must submit the   of this section      Submission
                       required       must submit the       deadline
                   information from      required
                    this form/these  information from
                        forms:          this form:
------------------------------------------------------------------------
2017.............  300A............  300A............  July 1, 2017.
2018.............  300A, 300, 301..  300A............  July 1, 2018.
------------------------------------------------------------------------

    (2) Beginning in 2019, establishments that are required to submit 
under paragraph (a)(1) or (2) of this section will have to submit all of 
the required information by March 2 of the year after the calendar year 
covered by the form or forms (for example, by March 2, 2019, for the 
forms covering 2018).

[81 FR 29692, May 12, 2016]



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

    (a) Basic requirement. If you receive a Survey of Occupational 
Injuries and Illnesses Form from the Bureau of Labor Statistics (BLS), 
or a BLS designee, you must promptly complete the form and return it 
following the instructions contained on the survey form.
    (b) Implementation--(1) Does every employer have to send data to the 
BLS? No, each year, the BLS sends injury and

[[Page 71]]

illness survey forms to randomly selected employers and uses the 
information to create the Nation's occupational injury and illness 
statistics. In any year, some employers will receive a BLS survey form 
and others will not. You do not have to send injury and illness data to 
the BLS unless you receive a survey form.
    (2) If I get a survey form from the BLS, what do I have to do? If 
you receive a Survey of Occupational Injuries and Illnesses Form from 
the Bureau of Labor Statistics (BLS), or a BLS designee, you must 
promptly complete the form and return it, following the instructions 
contained on the survey form.
    (3) Do I have to respond to a BLS survey form if I am normally 
exempt from keeping OSHA injury and illness records? Yes, even if you 
are exempt from keeping injury and illness records under Sec. 1904.1 to 
Sec. 1904.3, the BLS may inform you in writing that it will be 
collecting injury and illness information from you in the coming year. 
If you receive such a letter, you must keep the injury and illness 
records required by Sec. 1904.5 to Sec. 1904.15 and make a survey report 
for the year covered by the survey.
    (4) Do I have to answer the BLS survey form if I am located in a 
State-Plan State? Yes, all employers who receive a survey form must 
respond to the survey, even those in State-Plan States.



  Sec. Appendix A to Subpart E of Part 1904--Designated Industries for 
   Sec. 1904.41(a)(2) Annual Electronic Submission of OSHA Form 300A 
Summary of Work-Related Injuries and Illnesses by Establishments With 20 
 or More Employees but Fewer Than 250 Employees in Designated Industries

------------------------------------------------------------------------
           NAICS                              Industry
------------------------------------------------------------------------
11........................  Agriculture, forestry, fishing and hunting.
22........................  Utilities.
23........................  Construction.
31-33.....................  Manufacturing.
42........................  Wholesale trade.
4413......................  Automotive parts, accessories, and tire
                             stores.
4421......................  Furniture stores.
4422......................  Home furnishings stores.
4441......................  Building material and supplies dealers.
4442......................  Lawn and garden equipment and supplies
                             stores.
4451......................  Grocery stores.
4452......................  Specialty food stores.
4521......................  Department stores.
4529......................  Other general merchandise stores.
4533......................  Used merchandise stores.
4542......................  Vending machine operators.
4543......................  Direct selling establishments.
4811......................  Scheduled air transportation.
4841......................  General freight trucking.
4842......................  Specialized freight trucking.
4851......................  Urban transit systems.
4852......................  Interurban and rural bus transportation.
4853......................  Taxi and limousine service.
4854......................  School and employee bus transportation.
4855......................  Charter bus industry.
4859......................  Other transit and ground passenger
                             transportation.
4871......................  Scenic and sightseeing transportation, land.
4881......................  Support activities for air transportation.
4882......................  Support activities for rail transportation.
4883......................  Support activities for water transportation.
4884......................  Support activities for road transportation.
4889......................  Other support activities for transportation.
4911......................  Postal service.
4921......................  Couriers and express delivery services.
4922......................  Local messengers and local delivery.
4931......................  Warehousing and storage.
5152......................  Cable and other subscription programming.
5311......................  Lessors of real estate.
5321......................  Automotive equipment rental and leasing.
5322......................  Consumer goods rental.
5323......................  General rental centers.
5617......................  Services to buildings and dwellings.
5621......................  Waste collection.
5622......................  Waste treatment and disposal.
5629......................  Remediation and other waste management
                             services.
6219......................  Other ambulatory health care services.
6221......................  General medical and surgical hospitals.
6222......................  Psychiatric and substance abuse hospitals.
6223......................  Specialty (except psychiatric and substance
                             abuse) hospitals.
6231......................  Nursing care facilities.
6232......................  Residential mental retardation, mental
                             health and substance abuse facilities.
6233......................  Community care facilities for the elderly.
6239......................  Other residential care facilities.
6242......................  Community food and housing, and emergency
                             and other relief services.
6243......................  Vocational rehabilitation services.
7111......................  Performing arts companies.
7112......................  Spectator sports.
7121......................  Museums, historical sites, and similar
                             institutions.
7131......................  Amusement parks and arcades.
7132......................  Gambling industries.
7211......................  Traveler accommodation.
7212......................  RV (recreational vehicle) parks and
                             recreational camps.
7213......................  Rooming and boarding houses.
7223......................  Special food services.
8113......................  Commercial and industrial machinery and
                             equipment (except automotive and
                             electronic) repair and maintenance.
8123......................  Dry-cleaning and laundry services.
------------------------------------------------------------------------


[81 FR 29693, May 12, 2016]



                Subpart F_Transition From the Former Rule



Sec. 1904.43  Summary and posting of the 2001 data.

    (a) Basic requirement. If you were required to keep OSHA 200 Logs in 
2001, you must post a 2000 annual summary from the OSHA 200 Log of 
occupational

[[Page 72]]

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



Sec. 1904.44  Retention and updating of old forms.

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



Sec. 1904.45  OMB control numbers under the Paperwork Reduction Act

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

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



                          Subpart G_Definitions



Sec. 1904.46  Definitions.

    The Act. The Act means the Occupational Safety and Health Act of 
1970 (29 U.S.C. 651 et seq.). The definitions contained in section 3 of 
the Act (29 U.S.C. 652) and related interpretations apply to such terms 
when used in this part 1904.
    Establishment. An establishment is a single physical location where 
business is conducted or where services or industrial operations are 
performed. For activities where employees do not work at a single 
physical location, such as construction; transportation; communications, 
electric, gas and sanitary services; and similar operations, the 
establishment is represented by main or branch offices, terminals, 
stations, etc. that either supervise such activities or are the base 
from which personnel carry out these activities.
    (1) Can one business location include two or more establishments? 
Normally, one business location has only one establishment. Under 
limited conditions, the employer may consider two or more separate 
businesses that share a single location to be separate establishments. 
An employer may divide one location into two or more establishments only 
when:
    (i) Each of the establishments represents a distinctly separate 
business;
    (ii) Each business is engaged in a different economic activity;
    (iii) No one industry description in the Standard Industrial 
Classification Manual (1987) applies to the joint activities of the 
establishments; and
    (iv) Separate reports are routinely prepared for each establishment 
on the number of employees, their wages and salaries, sales or receipts, 
and other business information. For example, if an employer operates a 
construction company at the same location as a lumber yard, the employer 
may consider each business to be a separate establishment.
    (2) Can an establishment include more than one physical location? 
Yes, but only under certain conditions. An employer may combine two or 
more physical locations into a single establishment only when:

[[Page 73]]

    (i) The employer operates the locations as a single business 
operation under common management;
    (ii) The locations are all located in close proximity to each other; 
and
    (iii) The employer keeps one set of business records for the 
locations, such as records on the number of employees, their wages and 
salaries, sales or receipts, and other kinds of business information. 
For example, one manufacturing establishment might include the main 
plant, a warehouse a few blocks away, and an administrative services 
building across the street.
    (3) If an employee telecommutes from home, is his or her home 
considered a separate establishment? No, for employees who telecommute 
from home, the employee's home is not a business establishment and a 
separate 300 Log is not required. Employees who telecommute must be 
linked to one of your establishments under Sec. 1904.30(b)(3).
    Injury or illness. An injury or illness is an abnormal condition or 
disorder. Injuries include cases such as, but not limited to, a cut, 
fracture, sprain, or amputation. Illnesses include both acute and 
chronic illnesses, such as, but not limited to, a skin disease, 
respiratory disorder, or poisoning. (Note: Injuries and illnesses are 
recordable only if they are new, work-related cases that meet one or 
more of the part 1904 recording criteria.)
    Physician or Other Licensed Health Care Professional. A physician or 
other licensed health care professional is an individual whose legally 
permitted scope of practice (i.e., license, registration, or 
certification) allows him or her to independently perform, or be 
delegated the responsibility to perform, the activities described by 
this regulation.
    You. ``You'' means an employer as defined in section 3 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 652).



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



                            Subpart A_General

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

     Subpart B_Applications for Variances, Limitations, Variations, 
                 Tolerances, Exemptions and Other Relief

1905.10  Variances and other relief under section 6(b)(6)(A).
1905.11  Variances and other relief under section 6(d).
1905.12  Limitations, variations, tolerances, or exemptions under 
          section 16.
1905.13  Modification, revocation, and renewal of rules or orders.
1905.14  Action on applications.
1905.15  Requests for hearings on applications.
1905.16  Consolidation of proceedings.

                           Subpart C_Hearings

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

                       Subpart D_Summary Decisions

1905.40  Motion for summary decision.
1905.41  Summary decision.

                  Subpart E_Effect of Initial Decisions

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


[[Page 74]]


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

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



                            Subpart A_General



Sec. 1905.1  Purpose and scope.

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



Sec. 1905.2  Definitions.

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



Sec. 1905.3  Petitions for amendments to this part.

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



Sec. 1905.4  Amendments to this part.

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



Sec. 1905.5  Effect of variances.

    All variances granted pursuant to this part shall have only future 
effect. In his discretion, the Assistant Secretary may decline to 
entertain an application for a variance on a subject or issue concerning 
which a citation has been issued to the employer involved and a 
proceeding on the citation or a related issue concerning a proposed 
penalty or period of abatement is pending before the Occupational Safety 
and Health Review Commission or appropriate State review authority until 
the completion of such proceeding.

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



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

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



Sec. 1905.7  Form of documents; subscription; copies.

    (a) No particular form is prescribed for applications and other 
papers which may be filed in proceedings under this part. However, any 
applications and

[[Page 75]]

other papers shall be clearly legible. An original and six copies of any 
application or other papers shall be filed. The original shall be 
typewritten. Clear carbon copies, or printed or processed copies are 
acceptable copies.
    (b) Each application or other paper which is filed in proceedings 
under this part shall be subscribed by the person filing the same or by 
his attorney or other authorized representative.



     Subpart B_Applications for Variances, Limitations, Variations, 
                 Tolerances, Exemptions and Other Relief



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

    (a) Application for variance. Any employer, or class of employers, 
desiring a variance from a standard, or portion thereof, authorized by 
section 6(b)(6)(A) of the Act may file a written application containing 
the information specified in paragraph (b) of this section with the 
Assistant Secretary for Occupational Safety and Health, U.S. Department 
of Labor, Washington, DC 20210.
    (b) Contents. An application filed pursuant to paragraph (a) of this 
section shall include:
    (1) The name and address of the applicant;
    (2) The address of the place or places of employment involved;
    (3) A specification of the standard or portion thereof from which 
the applicant seeks a variance;
    (4) A representation by the applicant, supported by representations 
from qualified persons having first-hand knowledge of the facts 
represented, that he is unable to comply with the standard or portion 
thereof by its effective date and a detailed statement of the reasons 
therefor;
    (5) A statement of the steps the applicant has taken and will take, 
with specific dates where appropriate, to protect employees against the 
hazard covered by the standard;
    (6) A statement of when the applicant expects to be able to comply 
with the standard and of what steps he has taken and will take, with 
specific dates where appropriate, to come into compliance with the 
standard;
    (7) A statement of the facts the applicant would show to establish 
that
    (i) The applicant is unable to comply with a standard by its 
effective date because of unavailability of professional or technical 
personnel or of materials and equipment needed to come into compliance 
with the standard or because necessary construction or alteration of 
facilities cannot be completed by the effective date;
    (ii) He is taking all available steps to safeguard his employees 
against the hazards covered by the standard; and
    (iii) He has an effective program for coming into compliance with 
the standard as quickly as practicable;
    (8) Any request for a hearing, as provided in this part;
    (9) A statement that the applicant has informed his affected 
employees of the application by giving a copy thereof to their 
authorized representative, posting a statement, giving a summary of the 
application and specifying where a copy may be examined, at the place or 
places where notices to employees are normally posted, and by other 
appropriate means; and
    (10) A description of how affected employees have been informed of 
the application and of their right to petition the Assistant Secretary 
for a hearing.
    (11) Where the requested variance would be applicable to employment 
or places of employment in more than one State, including at least one 
State with a State plan approved under section 18 of the Act, and 
involves a standard, or portion thereof, identical to a State standard 
effective under such plan:
    (i) A side-by-side comparison of the Federal standard, or portion 
thereof, involved with the State standard, or portion thereof, identical 
in substance and requirements;
    (ii) A certification that the employer or employers have not filed 
for such variance on the same material facts for the same employment or 
place of employment with any State authority having jurisdiction under 
an approval plan over any employment or place of employment covered in 
the application; and
    (iii) A statement as to whether, with an identification of, any 
citations for violations of the State standard, or

[[Page 76]]

portion thereof, involved have been issued to the employer or employers 
by any of the State authorities enforcing the standard under a plan, and 
are pending.
    (c) Interim order--(1) Application. An application may also be made 
for an interim order to be effective until a decision is rendered on the 
application for the variance filed previously or concurrently. An 
application for an interim order may include statements of fact and 
arguments as to why the order should be granted. The Assistant Secretary 
may rule ex parte upon the application.
    (2) Notice of denial of application. If an application filed 
pursuant to paragraph (c)(1) of this section is denied, the applicant 
shall be given prompt notice of the denial, which shall include, or be 
accompanied by, a brief statement of the grounds therefor.
    (3) Notice of the grant of an interim order. If an interim order is 
granted, a copy of the order shall be served upon the applicant for the 
order and other parties and the terms of the order shall be published in 
the Federal Register. It shall be a condition of the order that the 
affected employer shall give notice thereof to affected employees by the 
same means to be used to inform them of an application for a variance.

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



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

    (a) Application for variance. Any employer, or class of employers, 
desiring a variance authorized by section 6(d) of the Act may file a 
written application containing the information specified in paragraph 
(b) of this section, with the Assistant Secretary for Occupational 
Safety and Health, U.S. Department of Labor, Washington, DC 20210.
    (b) Contents. An application filed pursuant to paragraph (a) of this 
section shall include:
    (1) The name and address of the applicant;
    (2) The address of the place or places of employment involved;
    (3) A description of the conditions, practices, means, methods, 
operations, or processes used or proposed to be used by the applicant:
    (4) A statement showing how the conditions, practices, means, 
methods, operations, or processes used or proposed to be used would 
provide employment and places of employment to employees which are as 
safe and healthful as those required by the standard from which a 
variance is sought:
    (5) A certification that the applicant has informed his employees of 
the application by
    (i) Giving a copy thereof to their authorized representative;
    (ii) Posting a statement giving a summary of the application and 
specifying where a copy may be examined, at the place or places where 
notices to employees are normally posted (or in lieu of such summary, 
the posting of the application itself); and
    (iii) By other appropriate means;
    (6) Any request for a hearing, as provided in this part; and
    (7) A description of how employees have been informed of the 
application and of their right to petition the Assistant Secretary for a 
hearing.
    (8) Where the requested variance would be applicable to employment 
or places of employment in more than one State, including at least one 
State with a State plan approved under section 18 of the Act, and 
involves a standard, or portion thereof, identical to a State standard 
effective under such plan:
    (i) A side-by-side comparison of the Federal standard, or portion 
thereof, involved with the State standard, or portion thereof, identical 
in substance and requirements;
    (ii) A certification that the employer or employers have not filed 
for such variance on the same material facts for the same employment or 
place of employment with any State authority having jurisdiction under 
an approved plan over any employment or place of employment covered in 
the application; and
    (iii) A statement as to whether, with an identification of, any 
citations for violations of the State standard, or portion thereof, 
involved have been issued to the employer or employers by any of the 
State authorities enforcing the standard under a plan, and are pending.

[[Page 77]]

    (c) Interim order--(1) Application. An application may also be made 
for an interim order to be effective until a decision is rendered on the 
application for the variance filed previously or concurrently. An 
application for an interim order may include statements of fact and 
arguments as to why the order should be granted. The Assistant Secretary 
may rule ex parte upon the application.
    (2) Notice of denial of application. If an application filed 
pursuant to paragraph (c)(1) of this section is denied, the applicant 
shall be given prompt notice of the denial, which shall include, or be 
accompanied by; a brief statement of the grounds therefor.
    (3) Notice of the grant of an interim order. If an interim order is 
granted, a copy of the order shall be served upon the applicant for the 
order and other parties, and the terms of the order shall be published 
in the Federal Register. It shall be a condition of the order that the 
affected employer shall give notice thereof to affected employees by the 
same means to be used to inform them of an application for a variance.

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



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

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



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

    (a) Modification or revocation. (1) An affected employer or an 
affected employee may apply in writing to the Assistant Secretary of 
Labor for Occupational Safety and Health for a modification or 
revocation of a rule or order issued under section 6(b) (6) (A), 6(d), 
or 16 of the Act. The application shall contain:
    (i) The name and address of the applicant;
    (ii) A description of the relief which is sought;
    (iii) A statement setting forth with particularity the grounds for 
relief;

[[Page 78]]

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

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



Sec. 1905.14  Action on applications.

    (a) Defective applications. (1) If an application filed pursuant to 
Sec. 1905.10(a), Sec. 1905.11(a), Sec. 1905.12(a), or Sec. 1905.13 does 
not conform to the applicable section, the Assistant Secretary may deny 
the application.
    (2) Prompt notice of the denial of an application shall be given to 
the applicant.
    (3) A notice of denial shall include, or be accompanied by, a brief 
statement of the grounds for the denial.
    (4) A denial of an application pursuant to this paragraph shall be 
without prejudice to the filing of another application.
    (b) Adequate applications. (1) If an application has not been denied 
pursuant to paragraph (a) of this section, the Assistant Secretary shall 
cause to be published in the Federal Register a notice of the filing of 
the application.
    (2) A notice of the filing of an application shall include:
    (i) The terms, or an accurate summary, of the application;
    (ii) A reference to the section of the Act under which the 
application has been filed;
    (iii) An invitation to interested persons to submit within a stated 
period of time written data, views, or arguments regarding the 
application; and
    (iv) Information to affected employers, employees, and appropriate 
State authority having jurisdiction over employment or places of 
employment covered in the application of any right to request a hearing 
on the application.
    (3) Where the requested variance, or any proposed modification or 
extension thereof, involves a Federal standard, or any portion thereof, 
identical to a State standard, or any portion thereof,

[[Page 79]]

as provided in Secs. 1905.10(b)(11) and 1905.11(b)(8) of this chapter, 
the Assistant Secretary will promptly furnish a copy of the application 
to the appropriate State authority and provide an opportunity for 
comment, including the opportunity to participate as a party, on the 
application by such authority, which shall be taken into consideration 
in determining the merits of the proposed action.
    (4) A copy of each final decision of the Assistant Secretary with 
respect to an application filed under Sec. 1905.10, Sec. 1905.11, or 
Sec. 1905.13 shall be furnished, within 10 days of issuance, the State 
authorities having jurisdiction over the employment or place of 
employment covered in the application.

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



Sec. 1905.15  Requests for hearings on applications.

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

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



Sec. 1905.16  Consolidation of proceedings.

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



                           Subpart C_Hearings



Sec. 1905.20  Notice of hearing.

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



Sec. 1905.21  Manner of service.

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



Sec. 1905.22  Hearing examiners; powers and duties.

    (a) Powers. A hearing examiner designated to preside over a hearing 
shall have all powers necessary or appropriate to conduct a fair, full, 
and impartial hearing, including the following:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and receive relevant evidence;
    (3) To provide for discovery and to determine its scope;
    (4) To regulate the course of the hearing and the conduct of the 
parties and their counsel therein;
    (5) To consider and rule upon procedural requests;

[[Page 80]]

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



Sec. 1905.23  Prehearing conferences.

    (a) Convening a conference. Upon his own motion or the motion of a 
party, the hearing examiner may direct the parties or their counsel to 
meet with him for a conference to consider:
    (1) Simplification of the issues;
    (2) Necessity or desirability of amendments to documents for 
purposes of clarification, simplification, or limitation;
    (3) Stipulations, admissions of fact, and of contents and 
authenticity of documents;
    (4) Limitation of the number of parties and of expert witnesses; and
    (5) Such other matters as may tend to expedite the disposition of 
the proceeding, and to assure a just conclusion thereof.
    (b) Record of conference. The hearing examiner shall make an order 
which recites the action taken at the conference, the amendments allowed 
to any documents which have been filed, and the agreements made between 
the parties as to any of the matters considered, and which limits the 
issues for hearing to those not disposed of by admissions or agreements; 
and such order when entered controls the subsequent course of the 
hearing, unless modified at the hearing, to prevent manifest injustice.



Sec. 1905.24  Consent findings and rules or orders.

    (a) General. At any time before the reception of evidence in any 
hearing, or during any hearing a reasonable opportunity may be afforded 
to permit negotiation by the parties of an agreement containing consent 
findings and a rule or order disposing of the whole or any part of the 
proceeding. The allowance of such opportunity and the duration thereof 
shall be in the discretion of the presiding hearing examiner, after 
consideration of the nature of the proceeding, the requirements of the 
public interest, the representations of the parties, and the probability 
of an agreement which will result in a just disposition of the issues 
involved.

[[Page 81]]

    (b) Contents. Any agreement containing consent findings and rule or 
order disposing of a proceeding shall also provide:
    (1) That the rule or order shall have the same force and effect as 
if made after a full hearing;
    (2) That the entire record on which any rule or order may be based 
shall consist solely of the application and the agreement;
    (3) A waiver of any further procedural steps before the hearing 
examiner and the Assistant Secretary; and
    (4) A waiver of any right to challenge or contest the validity of 
the findings and of the rule or order made in accordance with the 
agreement.
    (c) Submission. On or before the expiration of the time granted for 
negotiations, the parties or their counsel may:
    (1) Submit the proposed agreement to the presiding hearing examiner 
for his consideration; or
    (2) Inform the presiding hearing examiner that agreement cannot be 
reached.
    (d) Disposition. In the event an agreement containing consent 
findings and rule or order is submitted within the time allowed 
therefor, the presiding hearing examiner may accept such agreement by 
issuing his decision based upon the agreed findings.



Sec. 1905.25  Discovery.

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



Sec. 1905.26  Hearings.

    (a) Order of proceeding. Except as may be ordered otherwise by the 
presiding hearing examiner, the party applicant for relief shall proceed 
first at a hearing.
    (b) Burden of proof. The party applicant shall have the burden of 
proof.
    (c) Evidence--(1) Admissibility. A party shall be entitled to 
present his case or defense by oral or documentary evidence, to submit 
rebuttal evidence, and

[[Page 82]]

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



Sec. 1905.27  Decisions of hearing examiners.

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



Sec. 1905.28  Exceptions.

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



Sec. 1905.29  Transmission of record.

    If exceptions are filed, the hearing examiner shall transmit the 
record of the proceeding to the Assistant Secretary for review. The 
record shall include: The application, any request for hearing thereon, 
motions and requests filed in written form, rulings thereon, the 
transcript of the testimony taken

[[Page 83]]

at the hearing, together with the exhibits admitted in evidence, any 
documents or papers filed in connection with prehearing conferences, 
such proposed findings of fact, conclusions of law, rules or orders, and 
supporting reasons, as may have been filed, the hearing examiner's 
decision, and such exceptions, statements of objections, and briefs in 
support thereof, as may have been filed in the proceeding.



Sec. 1905.30  Decision of the Assistant Secretary.

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



                       Subpart D_Summary Decisions



Sec. 1905.40  Motion for summary decision.

    (a) Any party may, at least 20 days before the date fixed for any 
hearing under subpart C of this part, move with or without supporting 
affidavits for a summary decision in his favor on all or any part of the 
proceeding. Any other party may, within 10 days after service of the 
motion, serve opposing affidavits or countermove for summary decision. 
The presiding hearing examiner may, in his discretion, set the matter 
for argument and call for the submission of briefs.
    (b) The filing of any documents under paragraph (a) of this section 
shall be with the hearing examiner, and copies of any such documents 
shall be served in accordance with Sec. 1905.21.
    (c) The hearing examiner may grant such motion if the pleadings, 
affidavits, material obtained by discovery or otherwise obtained, or 
matters officially noticed show that there is no genuine issue as to any 
material fact and that a party is entitled to summary decision. The 
hearing examiner may deny such motion whenever the moving party denies 
access to information by means of discovery to a party opposing the 
motion.
    (d) Affidavits shall set forth such facts as would be admissible in 
evidence in a proceeding subject to 5 U.S.C. 556 and 557 and shall show 
affirmatively that the affiant is competent to testify to the matters 
stated therein. When a motion for summary decision is made and supported 
as provided in this section, a party opposing the motion may not rest 
upon the mere allegations or denials of his pleading; his response must 
set forth specific facts showing that there is a genuine issue of fact 
for the hearing.
    (e) Should it appear from the affidavits of a party opposing the 
motion that he cannot for reasons stated present by affidavit facts 
essential to justify his opposition, the hearing examiner may deny the 
motion for summary decision or may order a continuance to permit 
affidavits to be obtained or discovery to be had or may make such other 
order as is just.
    (f) The denial of all or any part of a motion for summary decision 
by the hearing examiner shall not be subject to interlocutory appeal to 
the Assistant Secretary unless the hearing examiner certifies in writing 
(1) that the ruling involves an important question of law or policy as 
to which there is substantial ground for difference of opinion, and (2) 
that an immediate appeal from the ruling may materially advance the 
ultimate termination of the proceeding. The allowance of such an 
interlocutory appeal shall not stay the proceeding before the hearing 
examiner unless the Assistant Secretary shall so order.



Sec. 1905.41  Summary decision.

    (a) No genuine issue of material fact. (1) Where no genuine issue of 
a material fact is found to have been raised, the hearing examiner may 
issue an initial decision to become final 20 days after service thereof, 
unless, within such period of time any party has filed written

[[Page 84]]

exceptions to the decision. If any timely exception is filed, the 
hearing examiner shall fix a time for filing any objections to the 
exception and any supporting reasons. Thereafter, the Assistant 
Secretary, after consideration of the exceptions and any supporting 
briefs filed therewith and of any objections to the exceptions and any 
supporting reasons, may issue a final decision.
    (2) An initial decision and a final decision made under this 
paragraph shall include a statement of:
    (i) Findings and conclusions, and the reasons or bases therefor, on 
all issues presented; and
    (ii) The terms and conditions of the rule or order made.
    (3) A copy of an initial decision and a final decision under this 
paragraph shall be served on each party.
    (b) Hearings on issues of fact. Where a genuine material question of 
fact is raised, the hearing examiner shall, and in any other case he 
may, set the case for an evidentiary hearing in accordance with subpart 
C of this part.



                  Subpart E_Effect of Initial Decisions



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

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



Sec. 1905.51  Finality for purposes of judicial review.

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

 PART 1906_ADMINISTRATION WITNESSES AND DOCUMENTS IN PRIVATE LITIGATION 
                               [RESERVED]



PART 1908_CONSULTATION AGREEMENTS--Table of Contents



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

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

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



Sec. 1908.1  Purpose and scope.

    (a) This part contains requirements for Cooperative Agreements 
between states and the Federal Occupational Safety and Health 
Administration (OSHA) under sections 21(c) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 651 et seq.) and section 21(d), the 
Occupational Safety and Health Administration Compliance Assistance 
Authorization Act of 1998 (which amends the Occupational Safety and 
Health Act,) under which OSHA will utilize state personnel to provide 
consultative services to employers. Priority in scheduling such 
consultation visits must be assigned to requests received from small 
businesses which are in higher hazard industries or have the most 
hazardous conditions at issue in the request. Consultation programs 
operated under the authority of a state plan approved under section 18 
of the Act (and funded under section 23(g), rather than under a 
Cooperative Agreement) which provide consultative services to private 
sector employers, must be ``at least as effective as'' the section 21(d) 
Cooperative Agreement programs established by this part. The service 
will be made available at no cost to employers to assist them in 
establishing effective occupational safety and health programs for 
providing employment and places of employment which are safe and 
healthful. The overall goal is to prevent the occurrence of injuries and 
illnesses which may result from exposure to hazardous workplace 
conditions and from hazardous work practices. The principal assistance 
will be provided at the employer's worksite,

[[Page 85]]

but off-site assistance may also be provided by telephone and 
correspondence and at locations other than the employer's worksite, such 
as the consultation project offices. At the worksite, the consultant 
will, within the scope of the employer's request, evaluate the 
employer's program for providing employment and a place of employment 
which is safe and healthful, as well as identify specific hazards in the 
workplace, and will provide appropriate advice and assistance in 
establishing or improving the employer's safety and health program and 
in correcting any hazardous conditions identified.
    (b) Assistance may include education and training of the employer, 
the employer's supervisors, and the employer's other employees as needed 
to make the employer self-sufficient in ensuring safe and healthful work 
and working conditions. Although onsite consultation will be conducted 
independent of any OSHA enforcement activity, and the discovery of 
hazards will not mandate citation or penalties, the employer remains 
under a statutory obligation to protect employees, and in certain 
instances will be required to take necessary protective action. Employer 
correction of hazards identified by the consultant during a 
comprehensive workplace survey, and implementation of certain core 
elements of an effective safety and health program and commitment to the 
completion of others may serve as the basis for employer exemption from 
certain OSHA enforcement activities. States entering into Agreements 
under this part will receive ninety percent Federal reimbursement for 
allowable costs, and will provide consultation to employers requesting 
the service, subject to scheduling priorities, available resources, and 
any other limitations established by the Assistant Secretary as part of 
the Cooperative Agreement.
    (c) States operating approved Plans under section 18 of the Act 
shall, in accord with section 18(b), establish enforcement policies 
applicable to the safety and health issues covered by the State Plan 
which are at least as effective as the enforcement policies established 
by this part, including a recognition and exemption program.

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



Sec. 1908.2  Definitions.

    As used in this part:
    Act means the Federal Occupational Safety and Health Act of 1970.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health.
    Compliance Officer means a Federal compliance safety and health 
officer.
    Consultant means an employee under a Cooperative Agreement pursuant 
to this part who provides consultation.
    Consultation means all activities related to the provision of 
consultative assistance under this part, including offsite consultation 
and onsite consultation.
    Cooperative Agreement means the legal instrument which enables the 
States to collaborate with OSHA to provide consultation in accord with 
this part.
    Designee means the State official designated by the Governor to be 
responsible for entering into a Cooperative Agreement in accord with 
this part.
    Education means planned and organized activity by a consultant to 
impart information to employers and employees to enable them to 
establish and maintain employment and a place of employment which is 
safe and healthful.
    Employee means an employee of an employer who is employed in the 
business of that employer which affects interstate commerce.
    Employee representative, as used in the OSHA consultation program 
under this part, means the authorized representative of employees at a 
site where there is a recognized labor organization representing 
employees.
    Employer means a person engaged in a business who has employees, but 
does not include the United States (not including the United States 
Postal Service,) or any state or political subdivision of a state.
    Hazard correction means the elimination or control of a workplace 
hazard in accord with the requirements of applicable Federal or State 
statutes, regulations or standards.

[[Page 86]]

    Imminent danger means any conditions or practices in a place of 
employment which are such that a danger exists which could reasonably be 
expected to cause death or serious physical harm immediately or before 
the imminence of such danger can be eliminated through the procedures 
set forth in Sec. 1908.6(e)(4), (f) (2) and (3), and (g).
    List of Hazards means a list of all serious hazards that are 
identified by the consultant and the correction due dates agreed upon by 
the employer and the consultant. Serious hazards include hazards 
addressed under section 5(a)(1) of the OSH Act and recordkeeping 
requirements classified as serious. The List of Hazards will accompany 
the consultant's written report but is separate from the written report 
to the employer.
    Offsite consultation means the provision of consultative assistance 
on occupational safety and health issues away from an employer's 
worksite by such means as telephone and correspondence, and at locations 
other than the employer's worksite, such as the consultation project 
offices. It may, under limited conditions specified by the Assistant 
Secretary, include training and education.
    Onsite consultation means the provision of consultative assistance 
on an employer's occupational safety and health program and on specific 
workplace hazards through a visit to an employer's worksite. It includes 
a written report to the employer on the findings and recommendations 
resulting from the visit. It may include training and education needed 
to address hazards, or potential hazards, at the worksite.
    OSHA means the Federal Occupational Safety and Health Administration 
or the State agency responsible under a Plan approved under section 18 
of the Act for the enforcement of occupational safety and health 
standards in that State.
    Other-than-serious hazard means any condition or practice which 
would be classified as an other-than-serious violation of applicable 
federal or state statutes, regulations or standards, based on criteria 
contained in the current OSHA field instructions or approved State Plan 
counterpart.
    Programmed inspection means OSHA worksite inspections which are 
scheduled based upon objective or neutral criteria. These inspections do 
not include imminent danger, fatality/catastrophe, and formal 
complaints.
    Programmed inspection schedule means OSHA inspections scheduled in 
accordance with criteria contained in the current OSHA field 
instructions or approved State Plan counterpart.
    RA means the Regional Administrator for Occupational Safety and 
Health of the Region in which the State concerned is located.
    Recognition and exemption program means an achievement recognition 
program of the OSHA consultation services which recognizes small 
employers who operate, at a particular worksite, an exemplary program 
that results in the immediate and long term prevention of job related 
injuries and illnesses.
    Serious hazard means any condition or practice which would be 
classified as a serious violation of applicable federal or state 
statutes, regulations or standards, based on criteria contained in the 
current OSHA field instructions or approved State Plan counterpart, 
except that the element of employer knowledge shall not be considered.
    State includes a State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
Trust Territory of the Pacific Islands.
    Training means the planned and organized activity of a consultant to 
impart skills, techniques and methodologies to employers and their 
employees to assist them in establishing and maintaining employment and 
a place of employment which is safe and healthful.

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



Sec. 1908.3  Eligibility and funding.

    (a) State eligibility. Any state may enter into an agreement with 
the Assistant Secretary to perform consultation for private sector 
employers; except that a state having a plan approved under section 18 
of the Act is eligible to participate in the program

[[Page 87]]

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

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



Sec. 1908.4  Offsite consultation.

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



Sec. 1908.5  Requests and scheduling for onsite consultation.

    (a) Encouraging requests--(1) State responsibility. The State shall 
be responsible for encouraging employers to request consultative 
assistance and shall publicize the availability of its consultative 
service and the scope of the service which will be provided. The 
Assistant Secretary will also engage in activities to publicize and 
promote the program.
    (2) Promotional methods. To inform employers of the availability of 
its consultative service and to encourage requests, the State may use 
methods such as the following:
    (i) Paid newspaper advertisements;
    (ii) Newspaper, magazine, and trade publication articles;
    (iii) Special direct mailings or telephone solicitations to 
establishments based on workers' compensation data or other appropriate 
listings;
    (iv) In-person visits to workplaces to explain the availability of 
the service, and participation at employer conferences and seminars;
    (v) Solicitation of support from State business and labor 
organizations and leaders, and public officials;
    (vi) Solicitation of publicizing by employers and employees who have 
received consultative services;
    (vii) Preparation and dissemination of publications, descriptive 
materials, and other appropriate items on consultative services;
    (viii) Free public service announcements on radio and television.
    (3) Scope of service. In its publicity for the program, in response 
to any inquiry, and before an employer's request for a consultative 
visit may be accepted, the state shall clearly explain that the service 
is provided at no cost to an employer with federal and state funds for 
the purpose of assisting the employer in establishing and maintaining 
effective programs for providing safe and healthful places of employment 
for employees, in accord with the requirements of the applicable state 
or federal laws and regulations. The state shall explain that while 
utilizing this service, an employer remains under a statutory obligation 
to provide safe and healthful work and working conditions for employees. 
In addition, while the identification of hazards by a consultant will 
not mandate the issuance of citations or penalties, the employer is 
required to take necessary action to eliminate employee exposure to a 
hazard which in the judgment of the consultant represents an imminent 
danger to employees, and to take action to correct within a reasonable 
time any serious hazards that are identified. The

[[Page 88]]

state shall emphasize, however, that the discovery of such a hazard will 
not initiate any enforcement activity, and that referral will not take 
place, unless the employer fails to eliminate the identified hazard 
within the established time frame. The state shall also explain the 
requirements for participation in the recognition and exemption program 
as set forth in Sec. 1908.7(b)(4), and shall ensure that the employer 
understands his or her obligation to post the List of Hazards 
accompanying the consultant's written report.
    (b) Employer requests. (1) An onsite consultative visit will be 
provided only at the request of the employer, and shall not result from 
the enforcement of any right of entry under state law.
    (2) When making a request, an employer in a small, high hazard 
establishment shall generally be encouraged to include within the scope 
of such request all working conditions at the worksite and the 
employer's entire safety and health program. However, a more limited 
scope may be encouraged in larger and less hazardous establishments. 
Moreover, any employer may specify a more limited scope for the visit by 
indicating working conditions, hazards, or situations on which onsite 
consultation will be focused. When such limited requests are at issue, 
the consultant will limit review and provide assistance only with 
respect to those working conditions, hazards, or situations specified; 
except that if the consultant observes, in the course of the onsite 
visit, hazards which are outside the scope of the request, the 
consultant must treat such hazards as though they were within the scope 
of the request.
    (3) Employers may request onsite consultation to assist in the 
abatement of hazards cited during an OSHA enforcement inspection. 
However, an onsite consultative visit may not take place after an 
inspection until the conditions set forth in Sec. 1908.7(b)(3) have been 
met.
    (c) Scheduling priority. Priority shall be assigned to requests from 
businesses with the most hazardous operations, with primary attention to 
smaller businesses. Preference shall be given to the smaller businesses 
which are in higher hazard industries or which have the most hazardous 
conditions at issue in the request.

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



Sec. 1908.6  Conduct of a visit.

    (a) Preparation. (1) An onsite consultative visit shall be made only 
after appropriate preparation by the consultant. Prior to the visit, the 
consultant shall become familiar with as many factors concerning the 
establishment's operation as possible. The consultant shall review all 
applicable codes and standards. In addition, the consultant shall assure 
that all necessary technical and personal protective equipment is 
available and functioning properly.
    (2) At the time of any promotional visit conducted by a consultant 
to encourage the use of the onsite consultative services, a consultation 
may be performed without delay if the employer so requests and the 
consultant is otherwise prepared to conduct such consultation.
    (b) Structured format. An initial onsite consultative visit will 
consist of an opening conference, an examination of those aspects of the 
employer's safety and health program which relate to the scope of the 
visit, a walkthrough of the workplace, and a closing conference. An 
initial visit may include training and education for employers and 
employees, if the need for such training and education is revealed by 
the walkthrough of the workplace and the examination of the employer's 
safety and health program, and if the employer so requests. The visit 
shall be followed by a written report to the employer. Additional visits 
may be conducted at the employer's request to provide needed education 
and training, assistance with the employer's safety and health program, 
technical assistance in the correction of hazards, or as necessary to 
verify the correction of serious hazards identified during previous 
visits. A compliance inspection may in some cases be the basis for a 
visit limited to education and training, assistance with the employer's 
safety and health program, or technical assistance in the correction of 
hazards.
    (c) Employee participation. (1) The consultant shall retain the 
right to confer

[[Page 89]]

with individual employees during the course of the visit in order to 
identify and judge the nature and extent of particular hazards within 
the scope of the employer's request, and to evaluate the employer's 
safety and health program. The consultant shall explain the necessity 
for this contact to the employer during the opening conference, and an 
employer must agree to permit such contact before a visit can proceed.
    (2)(i) In addition, an employee representative of affected employees 
must be afforded an opportunity to accompany the consultant and the 
employer's representative during the physical inspection of the 
workplace. The consultant may permit additional employees (such as 
representatives of a joint safety and health committee, if one exists at 
the worksite) to participate in the walkaround, where the consultant 
determines that such additional representatives will further aid the 
visit.
    (ii) If there is no employee representative, or if the consultant is 
unable with reasonable certainty to determine who is such a 
representative, or if the employee representative declines the offer to 
participate, the consultant must confer with a reasonable number of 
employees concerning matters of occupational safety and health.
    (iii) The consultant is authorized to deny the right to accompany 
under this section to any person whose conduct interferes with the 
orderly conduct of the visit.
    (d) Opening and closing conferences. (1) The consultant will 
encourage a joint opening conference with employer and employee 
representatives. If there is an objection to a joint conference, the 
consultant will conduct separate conferences with employer and employee 
representatives. The consultant must inform affected employees, with 
whom he confers, of the purpose of the consultation visit.
    (2) In addition to the requirements of paragraph (c) of this 
section, the consultant will, in the opening conference, explain to the 
employer the relationship between onsite consultation and OSHA 
enforcement activity, explain the obligation to protect employees in the 
event that certain hazardous conditions are identified, and emphasize 
the employer's obligation to post the List of Hazards accompanying the 
consultant's written report as described in paragraph (e)(8) of this 
section.
    (3) At the conclusion of the consultation visit, the consultant will 
conduct a closing conference with employer and employee representatives, 
jointly or separately. The consultant will describe hazards identified 
during the visit and other pertinent issues related to employee safety 
and health.
    (e) Onsite activity. (1) Activity during the onsite consultative 
visit will focus primarily on those areas, conditions, or hazards 
regarding which the employer has requested assistance. An employer may 
expand or reduce the scope of the request at any time during the onsite 
visit. The consultant shall, if prepared and if scheduling priorities 
permit, expand the scope of the visit at the time of the request. If the 
employer's request for expansion necessitates further preparation by the 
consultant or the expertise of another consultant, or if other employer 
requests may merit higher priority, the consultant shall refer the 
request to the consultation manager for scheduling. In all cases in 
which the scope of the visit is reduced, the consultant remains 
obligated to work with the employer to ensure correction of those 
serious hazards which are identified during the visit.
    (2) The consultant shall advise the employer as to the employer's 
obligations and responsibilities under applicable Federal or State law 
and implementing regulations.
    (3) Within the scope of the employer's request, consultants shall 
review the employer's safety and health program and provide advice on 
modifications or additions to make such programs more effective.
    (4) Consultants shall identify and provide advice on correction of 
those hazards included in the employer's request and any other safety or 
health hazards observed in the workplace during the course of the onsite 
consultative visit. This advice shall include basic information 
indicating the possibility of a solution and describing the general form 
of the solution. The consultant shall conduct sampling and testing, with 
subsequent analyses. as may be necessary to confirm the existence of 
safety and health hazards.

[[Page 90]]

    (5) Advice and technical assistance on the correction of identified 
safety and health hazards may be provided to employers during and after 
the onsite consultative visit. Descriptive materials may be provided on 
approaches, means, techniques, and other appropriate items commonly 
utilized for the elimination or control of such hazards. The consultants 
shall also advise the employers of additional sources of assistance, if 
known.
    (6) When a hazard is identified in the workplace, the consultant 
shall indicate to the employer the consultant's best judgment as to 
whether the situation would be classified as a ``serious'' or ``other-
than-serious'' hazard.
    (7) At the time the consultant determines that a serious hazard 
exists, the consultant will assist the employer to develop a specific 
plan to correct the hazard, affording the employer a reasonable period 
of time to complete the necessary action. The state must provide, upon 
request from the employer within 15 working days of receipt of the 
consultant's report, a prompt opportunity for an informal discussion 
with the consultation manager regarding the period of time established 
for the correction of a hazard or any other substantive finding of the 
consultant.
    (8) As a condition for receiving the consultation service, the 
employer must agree to post the List of Hazards accompanying the 
consultant's written report, and to notify affected employees when 
hazards are corrected. When received, the List of Hazards must be 
posted, unedited, in a prominent place where it is readily observable by 
all affected employees for 3 working days, or until the hazards are 
corrected, whichever is later. A copy of the List of Hazards must be 
made available to the employee representative who participates in the 
visit. In addition, the employer must agree to make information on the 
corrective actions proposed by the consultant, as well as other-than-
serious hazards identified, available at the worksite for review by 
affected employees or the employee representative. OSHA will not 
schedule a compliance inspection in response to a complaint based upon a 
posted List of Hazards unless the employer fails to meet his obligations 
under paragraph (f) of this section, or fails to provide interim 
protection for exposed employees.
    (f) Employer obligations. (1) An employer must take immediate action 
to eliminate employee exposure to a hazard which, in the judgment of the 
consultant, presents an imminent danger to employees. If the employer 
fails to take the necessary action, the consultant must immediately 
notify the affected employees and the appropriate OSHA enforcement 
authority and provide the relevant information.
    (2) An employer must also take the necessary action in accordance 
with the plan developed under paragraph (e)(7) of this section to 
eliminate or control employee exposure to any identified serious hazard, 
and meet the posting requirements of paragraph (e)(8) of this section. 
In order to demonstrate that the necessary action is being taken, an 
employer may be required to submit periodic reports, permit a follow-up 
visit, or take similar action that achieves the same end.
    (3) An employer may request, and the consultation manager may grant, 
an extension of the time frame established for correction of a serious 
hazard when the employer demonstrates having made a good faith effort to 
correct the hazard within the established time frame; shows evidence 
that correction has not been completed because of factors beyond the 
employer's reasonable control; and shows evidence that the employer is 
taking all available interim steps to safeguard the employees against 
the hazard during the correction period.
    (4) If the employer fails to take the action necessary to correct a 
serious hazard within the established time frame or any extensions 
thereof, the consultation manager shall immediately notify the 
appropriate OSHA enforcement authority and provide the relevant 
information. The OSHA enforcement authority will make a determination, 
based on a review of the facts, whether enforcement activity is 
warranted.
    (5) After correction of all serious hazards, the employer shall 
notify the consultation manager by written confirmation of the 
correction of the hazards, unless correction of the serious

[[Page 91]]

hazards is verified by direct observation by the consultant.
    (g) Written report. (1) A written report shall be prepared for each 
visit which results in substantive findings or recommendations, and 
shall be sent to the employer. The timing and format of the report shall 
be approved by the Assistant Secretary. The report shall restate the 
employer's request and describe the working conditions examined by the 
consultant; shall, within the scope of the request, evaluate the 
employer's program for ensuring safe and healthful employment and 
provide recommendations for making such programs effective; shall 
identify specific hazards and describe their nature, including reference 
to applicable standards or codes; shall identify the seriousness of the 
hazards; and, to the extent possible, shall include suggested means or 
approaches to their correction. Additional sources of assistance shall 
also be indicated, if known, including the possible need to procure 
specific engineering consultation, medical advice and assistance, and 
other appropriate items. The report shall also include reference to the 
completion dates for the situations described in Sec. 1908.6(f) (1) and 
(2).
    (2) Because the consultant's written report contains information 
considered confidential, and because disclosure of such reports would 
adversely affect the operation of the OSHA consultation program, the 
state shall not disclose the consultant's written report except to the 
employer for whom it was prepared and as provided for in 
Sec. 1908.7(a)(3). The state may also disclose information contained in 
the consultant's written report to the extent required by 29 CFR 
1910.1020 or other applicable OSHA standards or regulations.
    (h) Confidentiality. (1) The consultant shall preserve the 
confidentiality of information obtained as the result of a consultative 
visit which contains or might reveal a trade secret of the employer.
    (2) Disclosure of consultation program information which identifies 
employers who have requested the services of a consultant would 
adversely affect the operation of the OSHA consultation program as well 
as breach the confidentiality of commercial information not customarily 
disclosed by the employer. Accordingly, the state shall keep such 
information confidential. The state shall provide consultation program 
information requested by OSHA, including information which identifies 
employers who have requested consultation services. OSHA may use such 
information to administer the consultation program and to evaluate state 
and federal performance under that program, but shall, to the maximum 
extent permitted by law, treat information which identifies specific 
employers as exempt from public disclosure.

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

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



Sec. 1908.7  Relationship to enforcement.

    (a) Independence. (1) Consultative activity by a State shall be 
conducted independently of any OSHA enforcement activity.
    (2) The consultative activity shall have its own identifiable 
managerial staff. In States with Plans approved under section 18 of the 
Act, this staff will be separate from the managing of compliance 
inspections and scheduling.
    (3) The identity of employers requesting onsite consultation, as 
well as the file of the consultant's visit, shall not be provided to 
OSHA for use in any compliance activity, except as provided for in 
Sec. 1908.6(f)(1) (failure to eliminate imminent danger,) 
Sec. 1908.6(f)(4) (failure to eliminate serious hazards,) paragraph 
(b)(1) of this section (inspection deferral) and paragraph (b)(4) of 
this section (recognition and exemption program).
    (b) Effect upon scheduling. (1) An onsite consultative visit already 
in progress will have priority over OSHA compliance inspections except 
as provided in paragraph (b)(2) of this section. The consultant and the 
employer shall notify the compliance officer of the visit in progress 
and request delay of the inspection until after the visit is completed. 
An onsite consultative visit shall be considered ``in progress'' in 
relation to the working conditions, hazards, or situations covered by 
the visit

[[Page 92]]

from the beginning of the opening conference through the end of the 
correction due dates and any extensions thereof. OSHA may, in exercising 
its authority to schedule compliance inspections, assign a lower 
priority to worksites where consultation visits are scheduled.
    (2) The consultant shall terminate an onsite consultative visit 
already in progress where one of the following kinds of OSHA compliance 
inspections is about to take place:
    (i) Imminent danger investigations;
    (ii) Fatality/catastrophe investigations;
    (iii) Complaint investigations;
    (iv) Other critical inspections as determined by the Assistant 
Secretary.
    (3) An onsite consultation visit may not take place while an OSHA 
enforcement inspection is in progress at the establishment. An 
enforcement inspection shall be deemed ``in progress'' from the time a 
compliance officer initially seeks entry to the workplace to the end of 
the closing conference. An enforcement inspection will also be 
considered ``in progress'' in cases where entry is refused, until such 
times as: the inspection is conducted; the RA determines that a warrant 
to require entry to the workplace will not be sought; or the RA 
determines that allowing a consultative visit to proceed is in the best 
interest of employee safety and health. An onsite consultative visit 
shall not take place subsequent to an OSHA enforcement inspection until 
a determination has been made that no citation will be issued, or if a 
citation is issued, onsite consultation shall only take place with 
regard to those citation items which have become final orders.
    (4) The recognition and exemption program operated by the OSHA 
consultation projects provide incentives and support to smaller, high-
hazard employers to work with their employees to develop, implement, and 
continuously improve the effectiveness of their workplace safety and 
health management system.
    (i) Programmed Inspection Schedule. (A) When an employer requests 
participation in a recognition and exemption program, and undergoes a 
consultative visit covering all conditions and operations in the place 
of employment related to occupational safety and health; corrects all 
hazards that were identified during the course of the consultative visit 
within established time frames; has began to implement all the elements 
of an effective safety and health program; and agrees to request a 
consultative visit if major changes in working conditions or work 
processes occur which may introduce new hazards, OSHA's Programmed 
Inspections at that particular site may be deferred while the employer 
is working to achieve recognition and exemption status.
    (B) Employers who meet all the requirements for recognition and 
exemption will have the names of their establishments removed from 
OSHA's Programmed Inspection Schedule for a period of not less than one 
year. The exemption period will extend from the date of issuance by the 
Regional Office of the certificate of recognition.
    (ii) Inspections. OSHA will continue to make inspections in the 
following categories at sites that achieved recognition status and have 
been granted exemption from OSHA's Programmed Inspection Schedule; and 
at sites granted inspection deferrals as provided for under paragraph 
(b)(4)(i)(A) of this section:
    (A) Imminent danger.
    (B) Fatality/Catastrophe.
    (C) Formal Complaints.
    (5) When an employer requests consideration for participation in the 
recognition and exemption program under paragraph (b)(4) of this 
section, the provisions of Sec. 1908.6(e)(7), (e)(8), (f)(3), and (f)(5) 
shall apply to other-than-serious hazards as well as serious hazards.
    (c) Effect upon enforcement. (1) The advice of the consultant and 
the consultant's written report will not be binding on a compliance 
officer in a subsequent enforcement inspection. In a subsequent 
inspection, a compliance officer is not precluded from finding hazardous 
conditions, or violations of standards, rules or regulations, for which 
citations would be issued and penalties proposed.
    (2) The hazard identification and correction assistance given by a 
State

[[Page 93]]

consultant, or the failure of a consultant to point out a specific 
hazard, or other possible errors or omissions by the consultant, shall 
not be binding upon a compliance officer and need not affect the regular 
conduct of a compliance inspection or preclude the finding of alleged 
violations and the issuance of citations, or constitute a defense to any 
enforcement action.
    (3) In the event of a subsequent inspection, the employer is not 
required to inform the compliance officer of the prior visit. The 
employer is not required to provide a copy of the state consultant's 
written report to the compliance officer, except to the extent that 
disclosure of information contained in the report is required by 29 CFR 
1910.1020 or other applicable OSHA standard or regulation. If, during a 
subsequent enforcement investigation, OSHA independently determines 
there is reason to believe that the employer: failed to correct serious 
hazards identified during the course of a consultation visit; created 
the same hazard again; or made false statements to the state or OSHA in 
connection with participation in the consultation program, OSHA may 
exercise its authority to obtain the consultation report.
    (4) If, however, the employer chooses to provide a copy of the 
consultant's report to a compliance officer, it may be used as a factor 
in determining the extent to which an inspection is required and as a 
factor in determining proposed penalties. When, during the course of a 
compliance inspection, an OSHA compliance officer identifies the 
existence of serious hazards previously identified as a result of a 
consultative visit, the Area Director shall have authority to assess 
minimum penalties if the employer is in good faith complying with the 
recommendations of a consultant after such consultative visit.

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

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



Sec. 1908.8  Consultant specifications.

    (a) Number. (1) The number of consultant positions which will be 
funded under a Cooperative Agreement pursuant to this part for the 
purpose of providing consultation to private sector employers will be 
determined by the Assistant Secretary on the basis of program 
performance, demand for services, industrial mix, resources available, 
and the recommendation of the RA, and may be adjusted periodically.
    (2) States shall make efforts to utilize consultants with the safety 
and health expertise necessary to properly meet the demand for 
consultation by the various industries within a State. The RA will 
determine and negotiate a reasonable balance with the State on an annual 
basis.
    (b) Qualifications. (1) All consultants utilized under Cooperative 
Agreements pursuant to this part shall be employees of the State, 
qualified under State requirements for employment in occupational safety 
and health. They must demonstrate adequate education and experience to 
satisfy the RA before assignment to work under an Agreement, and 
annually thereafter, that they meet the requirements set out in 
Sec. 1908.8(b)(2), and that they have the ability to perform 
satisfactorily pursuant to the Cooperative Agreement. Persons who have 
the potential but do not yet demonstrate adequate education and 
experience to satisfy the RA that they have the ability to perform 
consultant duties independently may, with RA approval, be trained under 
a Cooperative Agreement to perform consultant duties. Such persons may 
not, however, perform consultant duties independently until it has been 
determined by the RA that they meet the requirements and have the 
ability indicated. All consultants shall be selected in accordance with 
the provisions of Executive Order 11246 of September 24, 1965, as 
amended, entitled ``Equal Employment Opportunity.''
    (2) Minimum requirements of consultants shall include the following:
    (i) The ability to identify hazards; the ability to assess employee 
exposure and risk; knowledge of OSHA standards; knowledge of hazard 
correction techniques and practices; knowledge of workplace safety and 
health program requirements; and the ability to effectively communicate, 
both orally and in writing.

[[Page 94]]

    (ii) Consultants shall meet any additional degree and/or experience 
requirements as may be established by the Assistant Secretary.
    (c) Training. As necessary, the Assistant Secretary will specify 
immediate and continuing training requirements for consultants. Expenses 
for training which is required by the Assistant Secretary or approved by 
the RA will be reimbursed in full.



Sec. 1908.9  Monitoring and evaluation.

    (a) Assistant Secretary responsibility. A State's performance under 
a Cooperative Agreement will be regularly monitored and evaluated by the 
Assistant Secretary as part of a systematic Federal plan for this 
activity. The Assistant Secretary may require changes as a result of 
these evaluations to foster conformance with consultation policy. If the 
State policies or practices which require change are such that the 
State's assurance of correction of serious hazards and of the 
effectiveness of employers' safety and health programs is in doubt, the 
Assistant Secretary may, pending the completion of the changes, suspend 
recognition of a State's consultative visits as a basis for exemption 
from compliance inspection as permitted under Sec. 1908.7(b)(4).
    (b) Consultant performance--(1) State activity. The State shall 
establish and maintain an organized consultant performance monitoring 
system under the Cooperative Agreement:
    (i) Operation of the system shall conform to all requirements 
established by the Assistant Secretary. The system shall be approved by 
the Assistant Secretary before it is placed in operation.
    (ii) A performance evaluation of each State consultant performing 
consultation services for employers shall be prepared annually. All 
aspects of a consultant's performance shall be reviewed at that time. 
Recommendation for remedial action shall be made and acted upon. The 
annual evaluation report shall be a confidential State personnel record 
and may be timed to coincide with regular personnel evaluations.
    (iii) Performance of individual consultants shall be measured in 
terms of their ability to identify hazards in the workplaces which they 
have visited; their ability to determine employee exposure and risk, and 
in particular their performance under Sec. 1908.6 (e) and (f); their 
knowledge and application of applicable Federal or State statutes, 
regulations or standards; their knowledge and application of appropriate 
hazard correction techniques and approaches; their knowledge and 
application of the requirements of an effective workplace safety and 
health program; and their ability to communicate effectively their 
findings and recommendations and the reasons for them to employers, and 
relevant information, skills and techniques to employers and employees.
    (iv) Accompanied visits to observe consultants during onsite 
consultative visits shall be conducted periodically in accord with a 
plan established in each annual Cooperative Agreement. The State may 
also conduct unaccompanied visits to workplaces which received onsite 
consultation, for the purpose of evaluating consultants. A written 
report of each visit shall be provided to the consultant. These visits 
shall be conducted only with the expressed permission of the employer 
who requests the onsite consultative visit.
    (v) The State will report quarterly to the RA on system operations, 
including copies of accompanied visit reports completed that quarter.
    (2) Federal activity. State consultant performance monitoring as set 
out in Sec. 1908.9(b)(1) shall not preclude Federal monitoring activity 
by methods determined to be appropriate by the Assistant Secretary.
    (c) State reporting. For Federal monitoring and evaluation purposes, 
the State shall compile and submit such factual and statistical data in 
the format and at the frequency required by the Assistant Secretary. The 
State shall prepare and submit to the RA any narrative reports, 
including copies of written reports to employers as may be required by 
the Assistant Secretary.

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

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

[[Page 95]]



Sec. 1908.10  Cooperative Agreements.

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

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

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



Sec. 1908.11  Exclusions.

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



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



                            Subpart A_General

Sec.
1910.1  Purpose and scope.
1910.2  Definitions.
1910.3  Petitions for the issuance, amendment, or repeal of a standard.
1910.4  Amendments to this part.
1910.5  Applicability of standards.
1910.6  Incorporation by reference.
1910.7  Definition and requirements for a nationally recognized testing 
          laboratory.
1910.8  OMB control numbers under the Paperwork Reduction Act.
1910.9  Compliance duties owed to each employee.

    Subpart B_Adoption and Extension of Established Federal Standards

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

Subpart C [Reserved]

                   Subpart D_Walking-Working Surfaces

1910.21  Scope and definitions.

[[Page 96]]

1910.22  General requirements.
1910.23  Ladders.
1910.24  Step bolts and manhole steps.
1910.25  Stairways.
1910.26  Dockboards.
1910.27  Scaffolds and rope descent systems.
1910.28  Duty to have fall protection and falling object protection.
1910.29  Fall protection systems and falling object protection--criteria 
          and practices.
1910.30  Training requirements.

              Subpart E_Exit Routes and Emergency Planning

1910.33  Table of contents.
1910.34  Coverage and definitions.
1910.35  Compliance with alternate exit-route codes.
1910.36  Design and construction requirements for exit routes.
1910.37  Maintenance, safeguards, and operational features for exit 
          routes.
1910.38  Emergency action plans.
1910.39  Fire prevention plans.

Appendix to Subpart E of Part 1910--Exit Routes, Emergency Action Plans, 
          and Fire Prevention Plans

    Subpart F_Powered Platforms, Manlifts, and Vehicle-Mounted Work 
                                Platforms

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

         Subpart G_Occupational Health and Environmental Control

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

                      Subpart H_Hazardous Materials

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

                     Dipping and Coating Operations

1910.122  Table of contents.
1910.123  Dipping and coating operations: Coverage and definitions.
1910.124  General requirements for dipping and coating operations.
1910.125  Additional requirements for dipping and coating operations 
          that use flammable liquids or liquids with flashpoints greater 
          than 199.4  deg.F (93  deg.C).
1910.126  Additional requirements for special dipping and coating 
          operations.

                 Subpart I_Personal Protective Equipment

1910.132  General requirements.
1910.133  Eye and face protection.
1910.134  Respiratory protection.
1910.135  Head protection.
1910.136  Foot protection.
1910.137  Electrical protective equipment.
1910.138  Hand protection.
1910.139  [Reserved]
1910.140  Personal fall protection systems.

Appendix A to Subpart I of Part 1910--References for Further Information 
          (Non-mandatory)
Appendix B to Subpart I of Part 1910--Nonmandatory Compliance Guidelines 
          for Hazard Assessment and Personal Protective Equipment 
          Selection
Appendix C to Subpart I of Part 1910--Personal Fall Protection Systems 
          Non-Mandatory Guidelines
Appendix D to Subpart I of Part 1910--Test Methods and Procedures for 
          Personal Fall Protection Systems Non-Mandatory Guidelines

                Subpart J_General Environmental Controls

1910.141  Sanitation.
1910.142  Temporary labor camps.
1910.143  Nonwater carriage disposal systems. [Reserved]
1910.144  Safety color code for marking physical hazards.
1910.145  Specifications for accident prevention signs and tags.
1910.146  Permit-required confined spaces.
1910.147  The control of hazardous energy (lockout/tagout).

                     Subpart K_Medical and First Aid

1910.151  Medical services and first aid.
1910.152  [Reserved]

                        Subpart L_Fire Protection

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

[[Page 97]]

                   Portable Fire Suppression Equipment

1910.157  Portable fire extinguishers.
1910.158  Standpipe and hose systems.

                    Fixed Fire Suppression Equipment

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

                      Other Fire Protection Systems

1910.164  Fire detection systems.
1910.165  Employee alarm systems.

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

          Subpart M_Compressed Gas and Compressed Air Equipment

1910.166-1910.168  [Reserved]
1910.169  Air receivers.

                Subpart N_Materials Handling and Storage

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

                Subpart O_Machinery and Machine Guarding

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

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

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

                 Subpart Q_Welding, Cutting and Brazing

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

                      Subpart R_Special Industries

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

                          Subpart S_Electrical

                                 General

1910.301  Introduction.

             Design Safety Standards for Electrical Systems

1910.302  Electric utilization systems.
1910.303  General.
1910.304  Wiring design and protection.
1910.305  Wiring methods, components, and equipment for general use.
1910.306  Specific purpose equipment and installations.
1910.307  Hazardous (classified) locations.
1910.308  Special systems.
1910.309-1910.330  [Reserved]

                      Safety-Related Work Practices

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

                 Safety-Related Maintenance Requirements

1910.361-1910.380  [Reserved]

[[Page 98]]

                Safety Requirements for Special Equipment

1910.381-1910.398  [Reserved]

                               Definitions

1910.399  Definitions applicable to this subpart.

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

                 Subpart T_Commercial Diving Operations

                                 General

1910.401  Scope and application.
1910.402  Definitions.

                         Personnel Requirements

1910.410  Qualifications of dive team.

                      General Operations Procedures

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

                     Specific Operations Procedures

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

                  Equipment Procedures and Requirements

1910.430  Equipment.

                              Recordkeeping

1910.440  Recordkeeping requirements.

Appendix A to Subpart T of Part 1910--Examples of Conditions Which May 
          Restrict or Limit Exposure to Hyperbaric Conditions
Appendix B to Subpart T of Part 1910--Guidelines for Scientific Diving
Appendix C to Subpart T of Part 1910--Alternative Conditions Under 
          Sec. 1910.401(a)(3) for Recreational Diving Instructors and 
          Diving Guides (Mandatory)

                         Subparts U	Y [Reserved]

1910.901-1910.999  [Reserved]

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

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 
3912), as applicable.
    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 CFR 
1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 
5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); Pub. L. 11-8 and 
111-317; and OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, July 
15, 1993).



                            Subpart A_General



Sec. 1910.1  Purpose and scope.

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



Sec. 1910.2  Definitions.

    As used in this part, unless the context clearly requires otherwise:
    (a) Act means the Williams-Steiger Occupational Safety and Health 
Act of 1970 (84 Stat. 1590).

[[Page 99]]

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



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

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



Sec. 1910.4  Amendments to this part.

    (a) The Assistant Secretary of Labor shall have all of the authority 
of the Secretary of Labor under sections 3(9) and 6(a) of the Act.
    (b) The Assistant Secretary of Labor may at any time before April 
28, 1973, on his own motion or upon the written petition of any person, 
by rule promulgate as a standard any national consensus standard and any 
established Federal standard, pursuant to and in accordance with section 
6(a) of the Act,

[[Page 100]]

and, in addition, may modify or revoke any standard in this part 1910. 
In the event of conflict among any such standards, the Assistant 
Secretary of Labor shall take the action necessary to eliminate the 
conflict, including the revocation or modification of a standard in this 
part, so as to assure the greatest protection of the safety or health of 
the affected employees.



Sec. 1910.5  Applicability of standards.

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

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



Sec. 1910.6  Incorporation by reference.

    (a)(1) The standards of agencies of the U.S. Government, and 
organizations which are not agencies of the U.S. Government which are 
incorporated by reference in this part, have the same force and effect 
as other standards in this part. Only the mandatory provisions (i.e., 
provisions containing the word ``shall'' or other mandatory language) of 
standards incorporated by reference are adopted as standards under the 
Occupational Safety and Health Act.
    (2) Any changes in the standards incorporated by reference in this 
part and an official historic file of such changes are available for 
inspection in the Docket Office at the national office of the 
Occupational Safety and Health Administration, U.S. Department of Labor, 
Washington, DC 20910; telephone: 202-693-2350 (TTY number: 877-889-
5627).
    (3) The materials listed in paragraphs (b) through (w) of this 
section are incorporated by reference in the corresponding sections 
noted as they exist on the date of the approval, and a notice of any 
change in these materials will be published in the Federal Register. 
These incorporations by reference were approved by the Director

[[Page 101]]

of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (4) Copies of standards listed in this section and issued by private 
standards organizations are available for purchase from the issuing 
organizations at the addresses or through the other contact information 
listed below for these private standards organizations. In addition, 
these standards are available for inspection at any Regional Office of 
the Occupational Safety and Health Administration (OSHA), or at the OSHA 
Docket Office, U.S. Department of Labor, 200 Constitution Avenue NW., 
Room N-2625, Washington, DC 20210; telephone: 202-693-2350 (TTY number: 
877-889-5627). They are also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of these standards at NARA, telephone: 202-741-6030, or go 
to http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (b) The following material is available for purchase from the 
American Conference of Governmental Industrial Hygienists (ACGIH), 1014 
Broadway, Cincinnati OH 45202:
    (1) ``Industrial Ventilation: A Manual of Recommended Practice'' 
(22nd ed., 1995), incorporation by reference (IBR) approved for 
Sec. 1910.124(b)(4)(iii).
    (2) Threshold Limit Values and Biological Exposure Indices for 1986-
87 (1986), IBR approved for Sec. 1910.120, PEL definition.
    (c) The following material is available for purchase from the 
American Society of Agricultural Engineers (ASAE), 2950 Niles Road, Post 
Office Box 229, St. Joseph, MI 49085:
    (1) ASAE Emblem for Identifying Slow Moving Vehicles, ASAE S276.2 
(1968), IBR approved for Sec. 1910.145(d)(10).
    (2) [Reserved]
    (d) The following material is available for purchase from the 
Agriculture Ammonia Institute-Rubber Manufacturers (AAI-RMA) 
Association, 1400 K St. NW, Washington DC 20005:
    (1) AAI-RMA Specifications for Anhydrous Ammonia Hose, IBR approved 
for Sec. 1910.111(b)(8)(i).
    (2) [Reserved]
    (e) Except as noted, copies of the standards listed below in this 
paragraph are available for purchase from the American National 
Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 
10036; telephone: 212-642-4900; fax: 212-398-0023; Web site: http://
www.ansi.org.
    (1)-(2) [Reserved]
    (3) ANSI A11.1-65 (R 70) Practice for Industrial Lighting, IBR 
approved for Secs. 1910.219(c)(5)(iii); 1910.261 (a)(3)(i), (c)(10), and 
(k)(21); and 1910.265(c)(2).
    (4) ANSI A11.1-65 Practice for Industrial Lighting, IBR approved for 
Secs. 1910.262(c)(6) and 1910.265(d)(2)(i)(a).
    (5) [Reserved]
    (6) ANSI A13.1-56 Scheme for the Identification of Piping Systems, 
IBR approved for Secs. 1910.253(d)(4)(ii); 1910.261(a)(3)(iii); 
1910.262(c)(7).
    (7) ANSI A14.1-68 Safety Code for Portable Wood Ladders, 
Supplemented by ANSI A14.1a-77, IBR approved for Sec. 1910.261 
(a)(3)(iv) and (c)(3)(i).
    (8) ANSI A14.2-56 Safety Code for Portable Metal Ladders, 
Supplemented by ANSI A14.2a-77, IBR approved for Sec. 1910.261 (a)(3)(v) 
and (c)(3)(i).
    (9) ANSI A14.3-56 Safety Code for Fixed Ladders, IBR approved for 
Secs. 1910.68(b)(4); and 1910.261 (a)(3)(vi) and (c)(3)(i).
    (10) ANSI A17.1-65 Safety Code for Elevators, Dumbwaiters and Moving 
Walks, Including Supplements, A17.1a (1967); A17.1b (1968); A17.1c 
(1969); A17.1d (1970), IBR approved for Sec. 1910.261 (a)(3)(vii), 
(g)(11)(i), and (l)(4).
    (11) ANSI A17.2-60 Practice for the Inspection of Elevators, 
Including Supplements, A17.2a (1965), A17.2b (1967), IBR approved for 
Sec. 1910.261(a)(3)(viii).
    (12) ANSI A90.1-69 Safety Standard for Manlifts, IBR approved for 
Sec. 1910.68(b)(3).
    (13) ANSI A92.2-69 Standard for Vehicle Mounted Elevating and 
Rotating Work Platforms, IBR approved for Sec. 1910.67 (b)(1), (2), 
(c)(3), and (4) and 1910.268(s)(1)(v).
    (14) ANSI A120.1-70 Safety Code for Powered Platforms for Exterior 
Building Maintenance, IBR approved for Sec. 1910.66 app. D (b) through 
(d).
    (15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of 
Abrasive Wheels, IBR approved for Secs. 1910.215(b)(12) and 1910.218(j).
    (16) ANSI B15.1-53 (R 58) Safety Code for Mechanical Power 
Transmission

[[Page 102]]

Apparatus, IBR approved for Secs. 1910.68(b)(4) and 1910.261 (a)(3)(ix), 
(b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv), (k)(12), and (l)(3).
    (17) ANSI B20.1-57 Safety Code for Conveyors, Cableways, and Related 
Equipment, IBR approved for Secs. 1910.218(j)(3); 1910.261 (a)(3)(x), 
(b)(1), (c)(15)(iv), (f)(4), and (j)(2); 1910.265(c)(18)(i).
    (18) ANSI B30.2-43 (R 52) Safety Code for Cranes, Derricks, and 
Hoists, IBR approved for Sec. 1910.261 (a)(3)(xi), (c)(2)(vi), and 
(c)(8) (i) and (iv).
    (19) ANSI B30.2.0-67 Safety Code for Overhead and Gantry Cranes, IBR 
approved for Secs. 1910.179(b)(2); 1910.261 (a)(3)(xii), (c)(2)(v), and 
(c)(8) (i) and (iv).
    (20) ANSI B30.5-68 Safety Code for Crawler, Locomotive, and Truck 
Cranes, IBR approved for Secs. 1910.180(b)(2) and 1910.261(a)(3)(xiii).
    (21) ANSI B30.6-69 Safety Code for Derricks, IBR approved for 
Secs. 1910.181(b)(2) and 1910.268(j)(4)(iv) (E) and (H).
    (22) ANSI B31.1-55 Code for Pressure Piping, IBR approved for 
Sec. 1910.261(g)(18)(iii).
    (23) ANSI B31.1-67, IBR approved for Sec. 1910.253(d)(1)(i)(A)
    (24) ANSI B31.1a-63 Addenda to ANSI B31.1 (1955), IBR approved for 
Sec. 1910.261(g)(18)(iii).
    (25) ANSI B31.1-67 and Addenda B31.1 (1969) Code for Pressure 
Piping, IBR approved for Secs. 1910.103(b)(1)(iii)(b); 
1910.104(b)(5)(ii); 1910.218 (d)(4) and (e)(1)(iv); and 1910.261 
(a)(3)(xiv) and (g)(18)(iii).
    (26) ANSI B31.2-68 Fuel Gas Piping, IBR approved for 
Sec. 1910.261(g)(18)(iii).
    (27) ANSI B31.3-66 Petroleum Refinery Piping, IBR approved for 
Sec. 1910.103(b)(3)(v)(b).
    (28) ANSI B31.5-66 Addenda B31.5a (1968) Refrigeration Piping, IB 
approved for Secs. 1910.103(b)(3)(v)(b) and 1910.111(b)(7)(iii).
    (29) ANSI B56.1-69 Safety Standard for Powered Industrial Trucks, 
IBR approved for Secs. 1910.178(a) (2) and (3) and 1910.261 (a)(3)(xv), 
(b)(6), (m)(2), and (m)(5)(iii).
    (30) ANSI B57.1-65 Compressed Gas Cylinder Valve Outlet and Inlet 
Connections, IBR approved for Sec. 1910.253(b)(1)(iii).
    (31) [Reserved]
    (32) ANSI B175.1-1991, Safety Requirements for Gasoline-Powered 
Chain Saws 1910.266(e)(2)(i).
    (33) [Reserved]
    (34) ANSI C33.2-56 Safety Standard for Transformer-Type Arc Welding 
Machines, IBR approved for Sec. 1910.254(b)(1).
    (35) [Reserved]
    (36) ANSI H23.1-70 Seamless Copper Water Tube Specification, IBR 
approved for Sec. 1910.110(b) (8)(ii) and (13)(ii)(b)(1).
    (37) ANSI H38.7-69 Specification for Aluminum Alloy Seamless Pipe 
and Seamless Extruded Tube, IBR approved for Sec. 1910.110(b)(8)(i).
    (38) ANSI J6.4-71 Standard Specification for Rubber Insulating 
Blankets, IBR approved for Sec. 1910.268 (f)(1) and (n)(11)(v).
    (39) ANSI J6.6-71 Standard Specification for Rubber Insulating 
Gloves, IBR approved for Sec. 1910.268 (f)(1) and (n)(11)(iv).
    (40) ANSI K13.1-67 Identification of Gas Mask Canisters, IBR 
approved for Sec. 1910.261 (a)(3)(xvi) and (h)(2)(iii).
    (41) ANSI K61.1-60 Safety Requirements for the Storage and Handling 
of Anhydrous Ammonia, IBR approved for Sec. 1910.111(b)(11)(i).
    (42) ANSI K61.1-66 Safety Requirements for the Storage and Handling 
of Anhydrous Ammonia, IBR approved for Sec. 1910.111(b)(11)(i).
    (43) ANSI O1.1-54 (R 61) Safety Code for Woodworking Machinery, IBR 
approved for Sec. 1910.261 (a)(3)(xvii), (e)(7), and (i)(2).
    (44) ANSI S1.4-71 (R 76) Specification for Sound Level Meters, IBR 
approved for Sec. 1910.95 appendixes D and I.
    (45) ANSI S1.11-71 (R 76) Specification for Octave, Half-Octave and 
Third-Octave Band Filter Sets, IBR approved for Sec. 1910.95 appendix D.
    (46) ANSI S3.6-69 Specifications for Audiometers, IBR approved for 
Sec. 1910.95(h)(2) and (5)(ii) and appendix D.
    (47) ANSI Z4.1-68 Requirements for Sanitation in Places of 
Employment, IBR approved for Sec. 1910.261 (a)(3)(xviii) and 
(g)(15)(vi).
    (48) [Reserved]
    (49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open 
Surface Tanks, IBR approved for

[[Page 103]]

1910.261(a)(3)(xix), (g)(18)(v), and (h)(2)(i).
    (50) ANSI Z9.1-71 Practices for Ventilation and Operation of Open-
Surface Tanks, IBR approved for Sec. 1910.124(b)(4)(iv).
    (51) ANSI Z9.2-60 Fundamentals Governing the Design and Operation of 
Local Exhaust Systems, IBR approved for Secs. 1910.94(a)(4)(i) 
introductory text, (a)(6) introductory text, (b)(3)(ix), (b)(4)(i) and 
(ii), (c)(3)(i) introductory text, (c)(5)(iii)(b), and (c)(7)(iv)(a); 
1910.261(a)(3)(xx), (g)(1)(i) and (iii), and (h)(2)(ii).
    (52) ANSI Z9.2-79 Fundamentals Governing the Design and Operation of 
Local Exhaust Systems, IBR approved for Sec. 1910.124(b)(4)(i).
    (53) ANSI Z12.12-68 Standard for the Prevention of Sulfur Fires and 
Explosions, IBR approved for Sec. 1910.261 (a)(3)(xxi), (d)(1)(i), 
(f)(2)(iv), and (g)(1)(i).
    (54) ANSI Z12.20-62 (R 69) Code for the Prevention of Dust 
Explosions in Woodworking and Wood Flour Manufacturing Plants, IBR 
approved for Sec. 1910.265(c)(20)(i).
    (55) ANSI Z21.30-64 Requirements for Gas Appliances and Gas Piping 
Installations, IBR approved for Sec. 1910.265(c)(15).
    (56) ANSI Z24.22-57 Method of Measurement of Real-Ear Attenuation of 
Ear Protectors at Threshold, IBR approved for Sec. 1910.261(a)(3)(xxii).
    (57) ANSI Z33.1-61 Installation of Blower and Exhaust Systems for 
Dust, Stock, and Vapor Removal or Conveying, IBR approved for 
Secs. 1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii) and (f)(5); and 
1910.265(c)(20)(i).
    (58) ANSI Z33.1-66 Installation of Blower and Exhaust Systems for 
Dust, Stock, and Vapor Removal or Conveying, IBR approved for 
Sec. 1910.94(a)(2)(ii).
    (59) ANSI Z35.1-1968, Specifications for Accident Prevention Signs; 
IBR approved for Sec. 1910.261(c). Copies available for purchase from 
the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; 
telephone: 1-877-413-5184; Web site: www.global.ihs.com.
    (60) ANSI Z41-1999, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for 
Sec. 1910.136(b)(1)(ii). Copies of ANSI Z41-1999 are available for 
purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 
60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: 
http://www.nsc.org.
    (61) ANSI Z41-1991, American National Standard for Personal 
Protection--Protective Footwear; IBR approved for 
Sec. 1910.136(b)(1)(iii). Copies of ANSI Z41-1991 are available for 
purchase only from the National Safety Council, P.O. Box 558, Itasca, IL 
60143-0558; telephone: 1-800-621-7619; fax: 708-285-0797; Web site: 
http://www.nsc.org.
    (62)-(63) [Reserved]
    (64) ANSI Z49.1-67 Safety in Welding and Cutting, IBR approved for 
Sec. 1910.252(c)(1)(iv) (A) and (B).
    (65) USAS Z53.1-1967 (also referred to as ANSI Z53.1-1967), Safety 
Color Code for Marking Physical Hazards, ANSI approved October 9, 1967; 
IBR approved for Sec. 1910.97(a) and 1910.145(d). Copies available for 
purchase from the IHS Standards Store, 15 Inverness Way East, Englewood, 
CO 80112; telephone: 1-877-413-5184; Web site: www.global.ihs.com.
    (66) ANSI Z535.1-2006 (R2011), Safety Colors, reaffirmed July 19, 
2011; IBR approved for Secs. 1910.97(a) and 1910.145(d). Copies 
available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web 
site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: 877-699-9277; Web site: www.techstreet.com.
    (67) ANSI Z535.2-2011, Environmental and Facility Safety Signs, 
published September 15, 2011; IBR approved for Sec. 1910.261(c). Copies 
available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: 212-642-4980; Web 
site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: 877-413-5184; Web site: www.global.ihs.com; or

[[Page 104]]

    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: 877-699-9277; Web site: www.techstreet.com.
    (68) ANSI Z54.1-63 Safety Standard for Non-Medical X-Ray and Sealed 
Gamma Ray Sources, IBR approved for Sec. 1910.252(d) (1)(vii) and 
(2)(ii).
    (69) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye 
and Face Protection Devices, Approved April 13, 2010; IBR approved for 
Sec. 1910.133(b). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (70) ANSI Z87.1-2003, Occupational and Educational Eye and Face 
Personal Protection Devices Approved June 19, 2003; IBR approved for 
Secs. 1910.133(b). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and 
Educational Eye and Face Protection, Reaffirmation approved January 4, 
1999; IBR approved for Sec. 1910.133(b). Copies are available for 
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W 
43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; 
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 
80112; telephone: (877) 413-5184; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108; 
telephone: (877) 699-9277; Web site: http://techstreet.com.
    (72) ANSI Z88.2-1969, Practices for Respiratory Protection; IBR 
approved for Secs. 1910.94(c)(6)(iii)(a), 1910.134(c); and 
1910.261(a)(3)(xxvi), (b)(2), (f)(5), (g)(15)(v), (h)(2)(iii), 
(h)(2)(iv), and (i)(4).
    (73) American National Standards Institute (ANSI) Z89.1-2009, 
American National Standard for Industrial Head Protection, approved 
January 26, 2009; IBR approved for Sec. 1910.135(b)(1)(i). Copies of 
ANSI Z89.1-2009 are available for purchase only from the International 
Safety Equipment Association, 1901 North Moore Street, Arlington, VA 
22209-1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
www.safetyequipment.org.
    (74) American National Standards Institute (ANSI) Z89.1-2003, 
American National Standard for Industrial Head Protection; IBR approved 
for Sec. 1910.135(b)(1)(ii). Copies of ANSI Z89.1-2003 are available for 
purchase only from the International Safety Equipment Association, 1901 
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; 
fax: 703-528-2148; Web site: www.safetyequipment.org.
    (75) American National Standards Institute (ANSI) Z89.1-1997, 
American National Standard for Personnel Protection--Protective Headwear 
for Industrial Workers--Requirements; IBR approved for 
Sec. 1910.135(b)(1)(iii). Copies of ANSI Z89.1-1997 are available for 
purchase only from the International Safety Equipment Association, 1901 
North Moore Street, Arlington, VA 22209-1762; telephone: 703-525-1695; 
fax: 703-528-2148; Web site: www.safetyequipment.org.
    (76) ANSI Z41.1-1967 Men's Safety Toe Footwear; IBR approved for 
Sec. 1910.261(i)(4).
    (77) ANSI Z87.1-1968 Practice of Occupational and Educational Eye 
and Face Protection; IBR approved for Sec. 1910.261(a)(3)(xxv), 
(d)(1)(ii), (f)(5), (g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4).
    (78) ANSI Z89.1-1969 Safety Requirements for Industrial Head 
Protection; IBR approved for Sec. 1910.261(a)(3)(xxvii), (b)(2), 
(g)(15)(v), and (i)(4).

[[Page 105]]

    (79) ANSI Z89.2-1971 Safety Requirements for Industrial Protective 
Helmets for Electrical Workers, Class B; IBR approved for 
Sec. 1910.268(i)(1).
    (f) The following material is available for purchase from the 
American Petroleum Institute (API), 1220 L Street NW, Washington DC 
20005:
    (1) [Reserved]
    (2) API 12B (May 1958) Specification for Bolted Production Tanks, 
11th Ed., With Supplement No. 1, Mar. 1962, IBR approved for 
Sec. 1910.106(b)(1)(i)(a)(3).
    (3) API 12D (Aug. 1957) Specification for Large Welded Production 
Tanks, 7th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(3).
    (4) API 12F (Mar. 1961) Specification for Small Welded Production 
Tanks, 5th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(3).
    (5) API 620, Fourth Ed. (1970) Including appendix R, Recommended 
Rules for Design and Construction of Large Welded Low Pressure Storage 
Tanks, IBR approved for Secs. 1910.103(c)(1)(i)(a); 
1910.106(b)(1)(iv)(b)(1); and 1910.111(d)(1) (ii) and (iii).
    (6) API 650 (1966) Welded Steel Tanks for Oil Storage, 3rd Ed., IBR 
approved for Sec. 1910.106(b)(1)(iii)(a)(2).
    (7) API 1104 (1968) Standard for Welding Pipelines and Related 
Facilities, IBR approved for Sec. 1910.252(d)(1)(v).
    (8) API 2000 (1968) Venting Atmospheric and Low Pressure Storage 
Tanks, IBR approved for Sec. 1910.106(b)(2)(iv)(b)(1).
    (9) API 2201 (1963) Welding or Hot Tapping on Equipment Containing 
Flammables, IBR approved for Sec. 1910.252(d)(1)(vi).
    (g) The following material is available for purchase from the 
American Society of Mechanical Engineers (ASME), United Engineering 
Center, 345 East 47th Street, New York, NY 10017:
    (1) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1949, 1950, 
1952, 1956, 1959, and 1962 Ed., IBR approved for Secs. 1910.110 
(b)(10)(iii) (Table H-26), (d)(2) (Table H-31); (e)(3)(i) (Table H-32), 
(h)(2) (Table H-34); and 1910.111(b)(2)(vi);
    (2) ASME Code for Pressure Vessels, 1968 Ed., IBR approved for 
Secs. 1910.106(i)(3)(i); 1910.110(g)(2)(iii)(b)(2); and 1910.217(b)(12);
    (3) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1968, IBR 
approved for Secs. 1910.103; 1910.104(b)(4)(ii); 1910.106 
(b)(1)(iv)(b)(2) and (i)(3)(ii); 1910.107; 1910.110(b)(11) (i)(b) and 
(iii)(a)(1); 1910.111(b)(2) (i), (ii), and (iv); and 1910.169(a)(2) (i) 
and (ii);
    (4) ASME Boiler and Pressure Vessel Code, Sec. VIII, Paragraph UG-
84, 1968, IBR approved for Sec. 1910.104 (b)(4)(ii) and (b)(5)(iii);
    (5) ASME Boiler and Pressure Vessel Code, Sec. VIII, Unfired 
Pressure Vessels, Including Addenda (1969), IBR approved for 
Secs. 1910.261; 1910.262; 1910.263(i)(24)(ii);
    (6) Code for Unfired Pressure Vessels for Petroleum Liquids and 
Gases of the API and the ASME, 1951 Ed., IBR approved for 
Sec. 1910.110(b)(3)(iii); and
    (7) ASME B56.6-1992 (with addenda), Safety Standard for Rough 
Terrain Forklift Trucks, IBR approved for Sec. 1910.266(f)(4).
    (h) Copies of the standards listed below in this paragraph (h) are 
available for purchase from ASTM International, 100 Barr Harbor Drive, 
P.O. Box C700, West Conshohocken, PA 19428-2959; Telephone: 610-832-
9585; Fax: 610-832-9555; Email: seviceastm.org; Web site: http://
www.astm.org. Copies of historical standards or standards that ASTM does 
not have may be purchased from Information Handling Services, Global 
Engineering Documents, 15 Inverness Way East, Englewood, CO 80112; 
Telephone: 1-800-854-7179; Email: [email protected]; Web sites: http://
global.ihs.com or http://www.store.ihs.com.
    (1) ASTM A 47-68, Malleable Iron Castings, IBR approved for 
Sec. 1910.111.
    (2) ASTM A 53-69, Welded and Seamless Steel Pipe, IBR approved for 
Secs. 1910.110 and 1910.111.
    (3) ASTM A 126-66, Gray Iron Casting for Valves, Flanges and Pipe 
Fitting, IBR approved for Sec. 1910.111.
    (4) ASTM A 391-65 (ANSI G61.1-1968), Alloy Steel Chain, IBR approved 
for Sec. 1910.184.
    (5) ASTM A 395-68, Ductile Iron for Use at Elevated Temperatures, 
IBR approved for Sec. 1910.111.
    (6) ASTM B 88-66A, Seamless Copper Water Tube, IBR approved for 
Sec. 1910.252.
    (7) ASTM B 88-69, Seamless Copper Water Tube, IBR approved for 
Sec. 1910.110.
    (8) [Reserved]

[[Page 106]]

    (9) ASTM B 210-68, Aluminum-Alloy Drawn Seamless Tubes, IBR approved 
for Sec. 1910.110.
    (10) ASTM B 241-69, Standard Specifications for Aluminum-Alloy 
Seamless Pipe and Seamless Extruded Tube, IBR approved for 
Sec. 1910.110.
    (11) ASTM D 5-65, Test for Penetration by Bituminous Materials, IBR 
approved for Sec. 1910.106.
    (12) ASTM D 56-70, Test for Flash Point by Tag Closed Tester, IBR 
approved for Sec. 1910.106.
    (13) ASTM D 56-05, Standard Test Method for Flash Point by Tag 
Closed Cup Tester, Approved May 1, 2005, IBR approved for Appendix B to 
Sec. 1910.1200.
    (14) ASTM D 86-62, Test for Distillation of Petroleum Products, IBR 
approved for Secs. 1910.106 and 1910.119.
    (15) ASTM D 86-07a, Standard Test Method for Distillation of 
Petroleum Products at Atmospheric Pressure, Approved April 1, 2007, IBR 
approved for Appendix B to Sec. 1910.1200.
    (16) ASTM D 88-56, Test for Saybolt Viscosity, IBR approved for 
Sec. 1910.106.
    (17) ASTM D 93-71, Test for Flash Point by Pensky Martens, IBR 
approved for Sec. 1910.106.
    (18) ASTM D 93-08, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, Approved Oct. 15, 2008, IBR approved for 
Appendix B to Sec. 1910.1200.
    (19) ASTM D 240-02 (Reapproved 2007), Standard Test Method for Heat 
of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, Approved 
May 1, 2007, IBR approved for Appendix B to Sec. 1910.1200.
    (20) ASTM D 323-68, Standard Test Method of Test for Vapor Pressure 
of Petroleum Products (Reid Method), IBR approved for Sec. 1910.106.
    (21) ASTM D 445-65, Test for Viscosity of Transparent and Opaque 
Liquids, IBR approved for Sec. 1910.106.
    (22) ASTM D 1078-05, Standard Test Method for Distillation Range of 
Volatile Organic Liquids, Approved May 15, 2005, IBR approved for 
Appendix B to Sec. 1910.1200.
    (23) ASTM D 1692-68, Test for Flammability of Plastic Sheeting and 
Cellular Plastics, IBR approved for Sec. 1910.103.
    (24) ASTM D 2161-66, Conversion Tables for SUS, IBR approved for 
Sec. 1910.106.
    (25) ASTM D 3278-96 (Reapproved 2004) E1, Standard Test Methods for 
Flash Point of Liquids by Small Scale Closed-Cup Apparatus, Approved 
November 1, 2004, IBR approved for Appendix B to Sec. 1910.1200.
    (26) ASTM D 3828-07a, Standard Test Methods for Flash Point by Small 
Scale Closed Cup Tester, Approved July 15, 2007, IBR approved for 
Appendix B to Sec. 1910.1200.
    (27) ASTM F-2412-2005, Standard Test Methods for Foot Protection, 
IBR approved for Sec. 1910.136.
    (28) ASTM F-2413-2005, Standard Specification for Performance 
Requirements for Protective Footwear, IBR approved for Sec. 1910.136.
    (i) The following material is available for purchase from the 
American Welding Society (AWS), 550 NW, LeJeune Road, P.O. Box 351040, 
Miami FL 33135:
    (1)-(2) [Reserved]
    (3) AWS B3.0-41 Standard Qualification Procedure, IBR approved for 
Sec. 1910.67(c)(5)(i).
    (4) AWS D1.0-1966 Code for Welding in Building Construction, IBR 
approved for Sec. 1910.27(b)(6).
    (5) AWS D2.0-69 Specifications for Welding Highway and Railway 
Bridges, IBR approved for Sec. 1910.67(c)(5)(iv).
    (6) AWS D8.4-61 Recommended Practices for Automotive Welding Design, 
IBR approved for Sec. 1910.67(c)(5)(ii).
    (7) AWS D10.9-69 Standard Qualification of Welding Procedures and 
Welders for Piping and Tubing, IBR approved for Sec. 1910.67(c)(5)(iii).
    (j) The following material is available for purchase from the 
Department of Commerce:
    (1) [Reserved]
    (2) Publication ``Model Performance Criteria for Structural Fire 
Fighters' Helmets,'' IBR approved for Sec. 1910.156(e)(5)(i).
    (k) The following material is available for purchase from the 
Compressed Gas Association (CGA), 1235 Jefferson Davis Highway, 
Arlington, VA 22202:
    (1) CGA C-6 (1968) Standards for Visual Inspection of Compressed Gas 
Cylinders, IBR approved for Sec. 1910.101(a).

[[Page 107]]

    (2) CGA C-8 (1962) Standard for Requalification of ICC-3HT 
Cylinders, IBR approved for Sec. 1910.101(a).
    (3) CGA G-1-2009 Acetylene, Twelfth Edition, IBR approved for 
Sec. 1910.102(a). Copies of CGA Pamphlet G-1-2009 are available for 
purchase from the: Compressed Gas Association, Inc., 4221 Walney Road, 
5th Floor, Chantilly, VA 20151; telephone: (703) 788-2700; fax: (703) 
961-1831; email: [email protected]
    (4) CGA G-7.1 (1966) Commodity Specification, IBR approved for 
Sec. 1910.134(d)(1).
    (5) CGA G-8.1 (1964) Standard for the Installation of Nitrous Oxide 
Systems at Consumer Sites, IBR approved for Sec. 1910.105.
    (6) CGA P-1 (1965) Safe Handling of Compressed Gases, IBR approved 
for Sec. 1910.101(b).
    (7) CGA P-3 (1963) Specifications, Properties, and Recommendations 
for Packaging, Transportation, Storage and Use of Ammonium Nitrate, IBR 
approved for Sec. 1910.109(i)(1)(ii)(b).
    (8) CGA S-1.1 (1963) and 1965 Addenda. Safety Release Device 
Standards--Cylinders for Compressed Gases, IBR approved for 
Secs. 1910.101(c); 1910.103(c)(1)(iv)(a)(2).
    (9) CGA S-1.2 (1963) Safety Release Device Standards, Cargo and 
Portable Tanks for Compressed Gases, IBR approved for Secs. 1910.101(c); 
1910.103(c)(1)(iv)(a)(2).
    (10) CGA S-1.3 (1959) Safety Release Device Standards-Compressed Gas 
Storage Containers, IBR approved for Secs. 1910.103(c)(1)(iv)(a)(2); 
1910.104(b)(6)(iii); and 1910.111(d)(4)(ii)(b).
    (11) CGA 1957 Standard Hose Connection Standard, IBR approved for 
Sec. 1910.253(e) (4)(v) and (5)(iii).
    (12) CGA and RMA (Rubber Manufacturer's Association) Specification 
for Rubber Welding Hose (1958), IBR approved for Sec. 1910.253(e)(5)(i).
    (13) CGA 1958 Regulator Connection Standard, IBR approved for 
Sec. 1910.253(e) (4)(iv) and (6).
    (l) The following material is available for purchase from the Crane 
Manufacturer's Association of America, Inc. (CMAA), 1 Thomas Circle NW, 
Washington DC 20005:
    (1) CMAA Specification 1B61, Specifications for Electric Overhead 
Traveling Cranes, IBR approved for Sec. 1910.179(b)(6)(i).
    (2) [Reserved]
    (m) The following material is available for purchase from the 
General Services Administration:
    (1) GSA Pub. GG-B-0067b, Air Compressed for Breathing Purposes, or 
Interim Federal Specifications, Apr. 1965, IBR approved for 
Sec. 1910.134(d)(4).
    (2) [Reserved]
    (n) The following material is available for purchase from the 
Department of Health and Human Services:
    (1) Publication No. 76-120 (1975), List of Personal Hearing 
Protectors and Attenuation Data, IBR approved for Sec. 1910.95 App. B.
    (2) [Reserved]
    (o) The following material is available for purchase from the 
Institute of Makers of Explosives (IME), 420 Lexington Avenue, New York, 
NY 10017:
    (1) IME Pamphlet No. 17, 1960, Safety in the Handling and Use of 
Explosives, IBR approved for Secs. 1910.261 (a)(4)(iii) and (c)(14)(ii).
    (2) [Reserved]
    (p) The following material is available for purchase from the 
National Electrical Manufacturer's Association (NEMA):
    (1) NEMA EW-1 (1962) Requirements for Electric Arc Welding 
Apparatus, IBR approved for Secs. 1910.254(b)(1).
    (2) [Reserved]
    (q) The following material is available for purchase from the 
National Fire Protection Association (NFPA), 1 Batterymarch Park, 
Quincy, MA 02269; Telephone: 800-344-3555 or 617-770-3000; Fax: 1-800-
593-6372 or 1-508-895-8301; Email: [email protected]; Web site: http://
www.nfpa.org.
    (1) NFPA 30 (1969) Flammable and Combustible Liquids Code, IBR 
approved for Sec. 1910.178(f)(1).
    (2) NFPA 32-1970 Standard for Dry Cleaning Plants, IBR approved for 
Sec. 1910.106(j)(6)(i).
    (3) NFPA 33-1969 Standard for Spray Finishing Using Flammable and 
Combustible Material, IBR approved for Sec. 1910.94(c)(2).
    (4) NFPA 34-1966 Standard for Dip Tanks Containing Flammable or 
Combustible Liquids, IBR approved for Sec. 1910.124(b)(4)(iv).

[[Page 108]]

    (5) NFPA 34-1995 Standard for Dip Tanks Containing Flammable or 
Combustible Liquids, IBR approved for Sec. 1910.124(b)(4)(ii).
    (6) NFPA 35-1970 Standard for the Manufacture of Organic Coatings, 
IBR approved for Sec. 1910.106(j)(6)(ii).
    (7) NFPA 36-1967 Standard for Solvent Extraction Plants, IBR 
approved for Sec. 1910.106(j)(6)(iii).
    (8) NFPA 37-1970 Standard for the Installation and Use of Stationary 
Combustion Engines and Gas Turbines, IBR approved for 
Secs. 1910.106(j)(6)(iv) and 1910.110 (b)(20)(iv)(c) and (e)(11).
    (9) NFPA 51B-1962 Standard for Fire Protection in Use of Cutting and 
Welding Processes, IBR approved for Sec. 1910.252(a)(1) introductory 
text.
    (10) NFPA 54-1969 Standard for the Installation of Gas Appliances 
and Gas Piping, IBR approved for Sec. 1910.110(b)(20)(iv)(a).
    (11) NFPA 54A-1969 Standard for the Installation of Gas Piping and 
Gas Equipment on Industrial Premises and Certain Other Premises, IBR 
approved for Sec. 1910.110(b)(20)(iv)(b).
    (12) NFPA 58-1969 Standard for the Storage and Handling of Liquefied 
Petroleum Gases (ANSI Z106.1-1970), IBR approved for Secs. 1910.110 
(b)(3)(iv) and (i)(3) (i) and (ii); and 1910.178(f)(2).
    (13) NFPA 59-1968 Standard for the Storage and Handling of Liquefied 
Petroleum Gases at Utility Gas Plants, IBR approved for Secs. 1910.110 
(b)(3)(iv) and (i)(2)(iv).
    (14) NFPA 62-1967 Standard for the Prevention of Dust Explosions in 
the Production, Packaging, and Handling of Pulverized Sugar and Cocoa, 
IBR approved for Sec. 1910.263(k)(2)(i).
    (15) NFPA 68-1954 Guide for Explosion Venting, IBR approved for 
Sec. 1910.94(a)(2)(iii).
    (16) [Reserved]
    (17) NFPA 78-1968 Lightning Protection Code, IBR approved for 
Sec. 1910.109(i)(6)(ii).
    (18) NFPA 80-1968 Standard for Fire Doors and Windows, IBR approved 
for Sec. 1910.106(d)(4)(i).
    (19) NFPA 80-1970 Standard for the Installation of Fire Doors and 
Windows, IBR approved for Sec. 1910.253(f)(6)(i)(I).
    (20) NFPA 86A-1969 Standard for Oven and Furnaces Design, Location 
and Equipment, IBR approved for Secs. 1910.107 (j)(1) and (l)(3) and 
1910.108 (b)(2) and (d)(2).
    (21) NFPA 91-1961 Standard for the Installation of Blower and 
Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying (ANSI 
Z33.1-61), IBR approved for Sec. 1910.107(d)(1).
    (22) NFPA 91-1969 Standards for Blower and Exhaust Systems, IBR 
approved for Sec. 1910.108(b)(1).
    (23) NFPA 96-1970 Standard for the Installation of Equipment for the 
Removal of Smoke and Grease Laden Vapors from Commercial Cooking 
Equipment, IBR approved for Sec. 1910.110(b)(20)(iv)(d).
    (24) NFPA 101-1970 Code for Life Safety From Fire in Buildings and 
Structures, IBR approved for Sec. 1910.261(a)(4)(ii).
    (25) NFPA 101-2009, Life Safety Code, 2009 edition, IBR approved for 
Secs. 1910.34, 1910.35, 1910.36, and 1910.37.
    (26) NFPA 203M-1970 Manual on Roof Coverings, IBR approved for 
Sec. 1910.109(i)(1)(iii)(c).
    (27) NFPA 251-1969 Standard Methods of Fire Tests of Building 
Construction and Materials, IBR approved for Secs. 1910.106 (d)(3)(ii) 
introductory text and (d)(4)(i).
    (28) NFPA 302-1968 Fire Protection Standard for Motor-Craft 
(Pleasure and Commercial), IBR approved for Sec. 1910.265(d)(2)(iv) 
introductory text.
    (29) NFPA 385-1966 Recommended Regulatory Standard for Tank Vehicles 
for Flammable and Combustible Liquids, IBR approved for 
Sec. 1910.106(g)(1)(i)(e)(1).
    (30) NFPA 496-1967 Standard for Purged Enclosures for Electrical 
Equipment in Hazardous Locations, IBR approved for 
Sec. 1910.103(c)(1)(ix)(e)(1).
    (31) NFPA 505-1969 Standard for Type Designations, Areas of Use, 
Maintenance, and Operation of Powered Industrial Trucks, IBR approved 
for Sec. 1910.110(e)(2)(iv).
    (32) NFPA 566-1965 Standard for the Installation of Bulk Oxygen 
Systems at Consumer Sites, IBR approved for Secs. 1910.253 (b)(4)(iv) 
and (c)(2)(v).
    (33) NFPA 656-1959 Code for the Prevention of Dust Ignition in Spice 
Grinding Plants, IBR approved for Sec. 1910.263(k)(2)(i).

[[Page 109]]

    (34) NFPA 1971-1975 Protective Clothing for Structural Fire 
Fighting, IBR approved for Sec. 1910.156(e)(3)(ii) introductory text.
    (35) NFPA 51A (2001) Standard for Acetylene Cylinder Charging 
Plants, IBR approved for Sec. 1910.102(b) and (c). Copies of NFPA 51A-
2001 are available for purchase from the: National Fire Protection 
Association, 1 Batterymarch Park, Quincy, MA 02169-7471; telephone: 1-
800-344-35557; e-mail: [email protected]
    (36) NFPA 51A (2006) Standard for Acetylene Cylinder Charging 
Plants, IBR approved for Sec. 1910.102(b) and (c). Copies of NFPA 51A-
2006 are available for purchase from the: National Fire Protection 
Association, 1 Batterymarch Park, Quincy, MA 02169-7471; telephone: 1-
800-344-35557; e-mail: [email protected]
    (37) NFPA 30B, Code for the Manufacture and Storage of Aerosol 
Products, 2007 Edition, Approved August 17, 2006, IBR approved for 
Appendix B to Sec. 1910.1200.
    (r) The following material is available for purchase from the 
National Food Plant Institute, 1700 K St. NW., Washington, DC 20006:
    (1) Definition and Test Procedures for Ammonium Nitrate Fertilizer 
(Nov. 1964), IBR approved for Sec. 1910.109 Table H-22, ftn. 3.
    (2) [Reserved]
    (s) The following material is available for purchase from the 
National Institute for Occupational Safety and Health (NIOSH):
    (1) Registry of Toxic Effects of Chemical Substances, 1978, IBR 
approved for Sec. 1910.20(c)(13)(i) and appendix B.
    (2) Development of Criteria for Fire Fighters Gloves; Vol. II, part 
II; Test Methods, 1976, IBR approved for Sec. 1910.156(e)(4)(i) 
introductory text.
    (3) NIOSH Recommendations for Occupational Safety and Health 
Standards (Sept. 1987), IBR approved for Sec. 1910.120 PEL definition.
    (t) The following material is available for purchase from the Public 
Health Service:
    (1) U.S. Pharmacopeia, IBR approved for Sec. 1910.134(d)(1).
    (2) Publication No. 934 (1962), Food Service Sanitation Ordinance 
and Code, part V of the Food Service Sanitation Manual, IBR approved for 
Sec. 1910.142(i)(1).
    (u) The following material is available for purchase from the 
Society of Automotive Engineers (SAE), 485 Lexington Avenue, New York, 
NY 10017:
    (1) SAE J185, June 1988, Recommended Practice for Access Systems for 
Off-Road Machines, IBR approved for Sec. 1910.266(f)(5)(i).
    (2) SAE J231, January 1981, Minimum Performance Criteria for Falling 
Object Protective Structure (FOPS), IBR approved for 
Sec. 1910.266(f)(3)(ii).
    (3) SAE J386, June 1985, Operator Restraint Systems for Off-Road 
Work Machines, IBR approved for Sec. 1910.266(d)(3)(iv).
    (4) SAE J397, April 1988, Deflection Limiting Volume-ROPS/FOPS 
Laboratory Evaluation, IBR approved for Sec. 1910.266(f)(3)(iv).
    (5) SAE 765 (1961) SAE Recommended Practice: Crane Loading Stability 
Test Code, IBR approved for Sec. 1910.180 (c)(1)(iii) and 
(e)(2)(iii)(a).
    (6) SAE J1040, April 1988, Performance Criteria for Rollover 
Protective Structures (ROPS) for Construction, Earthmoving, Forestry and 
Mining Machines, IBR approved for Sec. 1910.266(f)(3)(ii).
    (v) The following material is available for purchase from the 
Fertilizer Institute, 1015 18th Street NW, Washington, DC 20036:
    (1) Standard M-1 (1953, 1955, 1957, 1960, 1961, 1963, 1965, 1966, 
1967, 1968), Superseded by ANSI K61.1-1972, IBR approved for 
Sec. 1910.111(b)(1) (i) and (iii).
    (2) [Reserved]
    (w) The following material is available for purchase from 
Underwriters Laboratories (UL), 207 East Ohio Street, Chicago, IL 60611:
    (1) UL 58-61 Steel Underground Tanks for Flammable and Combustible 
Liquids, 5th Ed., IBR approved for Sec. 1910.106(b)(1)(iii)(a)(1).
    (2) UL 80-63 Steel Inside Tanks for Oil-Burner Fuel, IBR approved 
for Sec. 1910.106(b)(1)(iii)(a)(1).
    (3) UL 142-68 Steel Above Ground Tanks for Flammable and Combustible 
Liquids, IBR approved for Sec. 1910.106(b)(1)(iii)(a)(1).

[[Page 110]]

    (x) The following material is available for purchase from the: 
International Code Council, Chicago District Office, 4051 W. Flossmoor 
Rd., Country Club Hills, IL 60478; telephone: 708-799-2300, x3-3801; 
facsimile: 001-708-799-4981; e-mail: [email protected]
    (1) IFC-2009, International Fire Code, copyright 2009, IBR approved 
for Secs. 1910.34, 1910.35, 1910.36, and 1910.37.
    (2) [Reserved]
    (y)(1) The following materials are available for purchase from the 
International Standards Organization (ISO) through ANSI, 25 West 43rd 
Street, Fourth Floor, New York, NY 10036-7417; Telephone: 212-642-4980; 
Fax: 212-302-1286; Email: [email protected]; Web site: http://www.ansi.org.
    (2) Documents not available in the ANSI store may be purchased from:
    (i) Document Center Inc., 111 Industrial Road, Suite 9, Belmont, 
94002; Telephone: 650-591-7600; Fax: 650-591-7617; Email: [email protected]
center.com; Web site: www.document-center.com.
    (ii) DECO--Document Engineering Co., Inc., 15210 Stagg Street, Van 
Nuys, CA 91405; Telephone: 800-645-7732 or 818-782-1010; Fax: 818-782-
2374; Email: [email protected]; Web site: www.doceng.com
    (iii) Global Engineering Documents, 15 Inverness Way East, 
Englewood, CO 80112; Telephone: 1-800-854-7179 or 303-397-7956; Fax: 
303-397-2740; Email: [email protected]; Web sites: http://global.ihs.com or 
http://www.store.ihs.com;
    (iv) ILI Infodisk, Inc., 610 Winters Avenue, Paramus, NJ 07652; 
Telephone: 201-986-1131; Fax: 201-986-7886; Email: [email protected]; 
Web site: www.ili-info.com.
    (v) Techstreet, a business of Thomson Reuters, 3916 Ranchero Drive, 
Ann Arbor, MI 48108; Telephone: 800-699-9277 or 734-780-8000; Fax: 734-
780-2046; Email: [email protected]; Web site: 
www.Techstreet.com.
    (3) ISO 10156:1996 (E), Gases and Gas Mixtures--Determination of 
Fire Potential and Oxidizing Ability for the Selection of Cylinder Valve 
Outlets, Second Edition, Feb. 15, 1996, IBR approved for Appendix B to 
Sec. 1910.1200.
    (4) ISO 10156-2:2005 (E), Gas cylinders--Gases and Gas Mixtures--
Part 2: Determination of Oxidizing Ability of Toxic and Corrosive Gases 
and Gas Mixtures, First Edition, Aug. 1, 2005, IBR approved for Appendix 
B to Sec. 1910.1200.
    (5) ISO 13943:2000 (E/F), Fire Safety--Vocabulary, First Edition, 
April, 15, 2000, IBR approved for Appendix B to Sec. 1910.1200.
    (z)(1) The following document is available for purchase from United 
Nations Publications, Customer Service, c/o National Book Network, 15200 
NBN Way, PO Box 190, Blue Ridge Summit, PA 17214; telephone: 1-888-254-
4286; fax: 1-800-338-4550; email: [email protected] Other 
distributors of United Nations Publications include:
    (i) Bernan, 15200 NBN Way, Blue Ridge Summit, PA 17214; telephone: 
1-800-865-3457; fax: 1-800-865-3450; email: [email protected]; Web 
site: http://www.bernan.com; and
    (ii) Renouf Publishing Co. Ltd., 812 Proctor Avenue, Ogdensburg, NY 
13669-2205; telephone: 1-888-551-7470; Fax: 1-888-551-7471; email: 
[email protected]; Web site: http://www.renoufbooks.com.
    (2) UN ST/SG/AC.10/Rev.4, The UN Recommendations on the Transport of 
Dangerous Goods, Manual of Tests and Criteria, Fourth Revised Edition, 
2003, IBR approved for appendix B to Sec. 1910.1200.

[39 FR 23502, June 27, 1974]

    Editorial Note: For Federal Register citations affecting 
Sec. 1910.6, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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

    (a) Application. This section shall apply only when the term 
nationally recognized testing laboratory is used in other sections of 
this part.
    (b) Laboratory requirements. The term nationally recognized testing 
laboratory (NRTL) means an organization which is recognized by OSHA in 
accordance with appendix A of this section and which tests for safety, 
and lists or labels or accepts, equipment or materials and which meets 
all of the following criteria:
    (1) For each specified item of equipment or material to be listed, 
labeled

[[Page 111]]

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


[[Page 112]]


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

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

------------------------------------------------------------------------
            Milestones/Dates                      Action required
------------------------------------------------------------------------
                   I. Periodic Review of Fee Schedule
------------------------------------------------------------------------
When review completed...................  OSHA will publish any proposed
                                           new fee schedule in the
                                           Federal Register if OSHA
                                           determines that costs warrant
                                           changes in the fee schedule.
Fifteen days after publication..........  Comments due on the proposed
                                           new fee schedule.
When OSHA approves the fee schedule.....  OSHA will publish the final
                                           fee schedule in the Federal
                                           Register, making the fee
                                           schedule effective on a
                                           specific date.
------------------------------------------------------------------------
                     II. Application Processing Fees
------------------------------------------------------------------------
Time of application.....................  Applicant must pay the
                                           applicable fees in the fee
                                           schedule that are due when
                                           submitting an application;
                                           OSHA will not begin
                                           processing the application
                                           until it receives the fees.
Before assessment performed.............  Applicant must pay the
                                           estimated staff time and
                                           travel costs for its
                                           assessment based on the fees
                                           in effect at the time of the
                                           assessment. Applicant also
                                           must pay the fees for the
                                           final report and Federal
                                           Register notice, and other
                                           applicable fees, as specified
                                           in the fee schedule. OSHA may
                                           cancel an application if the
                                           applicant does not pay these
                                           fees, or any balance of these
                                           fees, when due.
------------------------------------------------------------------------
                             III. Audit Fees
------------------------------------------------------------------------
Before audit performed..................  NRTL must pay the estimated
                                           staff time and travel costs
                                           for its audit based on the
                                           fees in effect at the time of
                                           the audit. NRTL also must pay
                                           other applicable fees, as
                                           specified in the fee
                                           schedule. After the audit,
                                           OSHA adjusts the audit fees
                                           to account for the actual
                                           costs for travel and staff
                                           time.
On due date.............................  NRTL must pay the estimated
                                           audit fees, or any balance
                                           due, by the due date
                                           established by OSHA; OSHA
                                           will assess a late fee if
                                           NRTL does not pay audit fees
                                           (or any balance of fees due)
                                           by the due date. OSHA may
                                           still perform the audit when
                                           an NRTL does not pay the fees
                                           or does not pay them on time.
Thirty days after due date or, if         OSHA will begin processing a
 earlier, date NRTL refuses to pay.        notice for publication in the
                                           Federal Register announcing
                                           its plan to revoke
                                           recognition for NRTLs that do
                                           not pay the estimated audit
                                           fees and any balance of audit
                                           fees due.
------------------------------------------------------------------------
Note: For the purposes of 29 CFR 1910.7(f)(4), ``days'' means ``calendar
  days,'' and ``applicant'' means ``the NRTL'' or ``an applicant for
  NRTL recognition.''

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

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

                              Introduction

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

[[Page 113]]

               I. Procedures for Initial OSHA Recognition

                            A. Applications.

    1. Eligibility. a. Any testing agency or organization considering 
itself to meet the definition of nationally recognized testing 
laboratory as specified in Sec. 1910.7 may apply for OSHA recognition as 
an NRTL.
    b. However, in determining eligibility for a foreign-based testing 
agency or organization, OSHA shall take into consideration the policy of 
the foreign government regarding both the acceptance in that country of 
testing data, equipment acceptances, and listings, and labeling, which 
are provided through nationally recognized testing laboratories 
recognized by the Assistant Secretary, and the accessibility to 
government recognition or a similar system in that country by U.S.-based 
safety-related testing agencies, whether recognized by the Assistant 
Secretary or not, if such recognition or a similar system is required by 
that country.
    2. Content of application. a. The applicant shall provide sufficient 
information and detail demonstrating that it meets the requirements set 
forth in Sec. 1910.7, in order for an informed decision concerning 
recognition to be made by the Assistant Secretary.
    b. The applicant also shall identify the scope of the NRTL-related 
activity for which the applicant wishes to be recognized. This will 
include identifying the testing methods it will use to test or judge the 
specific equipment and materials for which recognition is being 
requested, unless such test methods are already specified in the test 
standard. If requested to do so by OSHA, the applicant shall provide 
documentation of the efficacy of these testing methods.
    c. The applicant may include whatever enclosures, attachments, or 
exhibits the applicant deems appropriate. The application need not be 
submitted on a Federal form.
    3. Filing office location. The application shall be filed with: NRTL 
Recognition Program, Occupational Safety and Health Administration, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
    4. Amendments and withdrawals. a. An application may be revised by 
an applicant at any time prior to the completion of activity under 
paragraph I.B.4. of this appendix.
    b. An application may be withdrawn by an applicant, without 
prejudice, at any time prior to the final decision by the Assistant 
Secretary in paragraph I.B.7.c. of this appendix.

          B. Review and Decision Process; Issuance or Renewal.

    1. Acceptance and on-site review. a. Applications submitted by 
eligible testing agencies will be accepted by OSHA, and their receipt 
acknowledged in writing. After receipt of an application, OSHA may 
request additional information if it believes information relevant to 
the requirements for recognition has been omitted.
    b. OSHA shall, as necessary, conduct an on-site review of the 
testing facilities of the applicant, as well as the applicant's 
administrative and technical practices, and, if necessary, review any 
additional documentation underlying the application.
    c. These on-site reviews will be conducted by qualified individuals 
technically expert in these matters, including, as appropriate, non-
Federal consultants/contractors acceptable to OSHA. The protocol for 
each review will be based on appropriate national consensus standards or 
international guides, with such additions, changes, or deletions as may 
be considered necessary and appropriate in each case by OSHA. A written 
report shall be made of each on-site review and a copy shall be provided 
to the applicant.
    2. Positive finding by staff. If, after review of the application, 
and additional information, and the on-site review report, the applicant 
appears to have met the requirements for recognition, a written 
recommendation shall be submitted by the responsible OSHA personnel to 
the Assistant Secretary that the application be approved, accompanied by 
a supporting explanation.
    3. Negative finding by staff.--a. Notification to applicant. If, 
after review of the application, any additional information and the on-
site review report, the applicant does not appear to have met the 
requirements for recognition, the responsible OSHA personnel shall 
notify the applicant in writing, listing the specific requirements of 
Sec. 1910.7 and this appendix which the applicant has not met, and allow 
a reasonable period for response.
    b. Revision of application. (i) After receipt of a notification of 
negative finding (i.e., for intended disapproval of the application), 
and within the response period provided, the applicant may:
    (a) Submit a revised application for further review, which could 
result in a positive finding by the responsible OSHA personnel pursuant 
to subsection I.B.2. of this appendix; or
    (b) Request that the original application be submitted to the 
Assistant Secretary with an attached statement of reasons, supplied by 
the applicant of why the application should be approved.
    (ii) This procedure for applicant notification and potential 
revision shall be used only once during each recognition process.
    4. Preliminary finding by Assistant Secretary. a. The Assistant 
Secretary, or a special designee for this purpose, will make a 
preliminary finding as to whether the applicant has or has not met the 
requirements for recognition, based on the completed application file, 
the written staff recommendation, and the

[[Page 114]]

statement of reasons supplied by the applicant if there remains a staff 
recommendation of disapproval.
    b. Notification of this preliminary finding will be sent to the 
applicant and subsequently published in the Federal Register.
    c. This preliminary finding shall not be considered an official 
decision by the Assistant Secretary or OSHA, and does not confer any 
change in status or any interim or temporary recognition for the 
applicant.
    5. Public review and comment period--a. The Federal Register notice 
of preliminary finding will provide a period of not less than 30 
calendar days for written comments on the applicant's fulfillment of the 
requirements for recognition. The application, supporting documents, 
staff recommendation, statement of applicant's reasons, and any comments 
received, will be available for public inspection in the OSHA Docket 
Office.
    b. Any member of the public, including the applicant, may supply 
detailed reasons and evidence supporting or challenging the sufficiency 
of the applicant's having met the requirements of the definition in 29 
CFR Sec. 1910.7 and this appendix. Submission of pertinent documents and 
exhibits shall be made in writing by the close of the comment period.
    6. Action after public comment--a. Final decision by Assistant 
Secretary. Where the public review and comment record supports the 
Assistant Secretary's preliminary finding concerning the application, 
i.e., absent any serious objections or substantive claims contrary to 
the preliminary finding having been received in writing from the public 
during the comment period, the Assistant Secretary will proceed to final 
written decision on the application. The reasons supporting this 
decision shall be derived from the evidence available as a result of the 
full application, the supporting documentation, the staff finding, and 
the written comments and evidence presented during the public review and 
comment period.
    b. Public announcement. A copy of the Assistant Secretary's final 
decision will be provided to the applicant. Subsequently, a notification 
of the final decision shall be published in the Federal Register. The 
publication date will be the effective date of the recognition.
    c. Review of final decision. There will be no further review 
activity available within the Department of Labor from the final 
decision of the Assistant Secretary.
    7. Action after public objection--a. Review of negative information. 
At the discretion of the Assistant Secretary or his designee, OSHA may 
authorize Federal or contract personnel to initiate a special review of 
any information provided in the public comment record which appears to 
require resolution, before a final decision can be made.
    b. Supplementation of record. The contents and results of special 
reviews will be made part of this record by the Assistant Secretary by 
either:
    (i) Reopening the written comment period for public comments on 
these reviews; or
    (ii) Convening an informal hearing to accept public comments on 
these reviews, conducted under applicable OSHA procedures for similar 
hearings.
    c. Final decision by the Assistant Secretary. The Assistant 
Secretary shall issue a decision as to whether it has been demonstrated, 
based on a preponderance of the evidence, that the applicant meets the 
requirements for recognition. The reasons supporting this decision shall 
be derived from the evidence available as a result of the full 
application, the supporting documentation, the staff finding, the 
comments and evidence presented during the public review and comment 
period, and written to transcribed evidence received during any 
subsequent reopening of the written comment period or informal public 
hearing held.
    d. Public announcement. A copy of the Assistant Secretary's final 
decision will be provided to the applicant, and a notification will be 
published in the Federal Register subsequently announcing the decision.
    e. Review of final decision. There will be no further review 
activity available within the Department of Labor from the final 
decision of the Assistant Secretary.
    c. Terms and conditions of recognition. The following terms and 
conditions shall be part of every recognition:
    1. Letter of recognition. The recognition by OSHA of any NRTL will 
be evidenced by a letter of recognition from OSHA. The letter will 
provide the specific details of the scope of the OSHA recognition, 
including the specific equipment or materials for which OSHA recognition 
has been granted, as well as any specific conditions imposed by OSHA.
    2. Period of recognition. The recognition by OSHA of each NRTL will 
be valid for five years, unless terminated before the expiration of the 
period. The dates of the period of recognition will be stated in the 
recognition letter.
    3. Constancy in operations. The recognized NRTL shall continue to 
satisfy all the requirements or limitations in the letter of recognition 
during the period of recognition.
    4. Accurate publicity. The OSHA-recognized NRTL shall not engage in 
or permit others to engage in misrepresentation of the scope or 
conditions of its recognition.
    5. Temporary Recognition of Certain NRTLs. a. Notwithstanding all 
other requirements and provisions of Sec. 1910.7 and this appendix, the 
following two organizations are recognized temporarily as nationally 
recognized testing laboratories by the Assistant Secretary for a period 
of five years beginning June 13, 1988 and ending on July 13, 1993:

[[Page 115]]

    (i) Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, 
Illinois 60062.
    (ii) Factory Mutual Research Corporation, 1151 Boston-Providence 
Turnpike, Norwood, Massachusetts 02062.
    b. At the end of the five-year period, the two temporarily 
recognized laboratories shall apply for renewal of OSHA recognition 
utilizing the following procedures established for renewal of OSHA 
recognition.

                      II. Supplementary Procedures.

                        A. Test standard changes.

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

                   B. Expansion of current recognition

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

                     C. Renewal of OSHA recognition

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

                D. Voluntary termination of recognition.

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

                  E. Revocation of recognition by OSHA.

    1. Potential causes. If an NRTL either has failed to continue to 
substantially satisfy the requirements of Sec. 1910.7 or this appendix, 
or has not been reasonably performing the NRTL testing requirements 
encompassed

[[Page 116]]

within its letter of recognition, or has materially misrepresented 
itself in its applications or misrepresented the scope or conditions of 
its recognition, the Assistant Secretary may revoke the recognition of a 
recognized NRTL, in whole or in part. OSHA may initiate revocation 
procedures on the basis of information provided by any interested 
person.
    2. Procedure. a. Before proposing to revoke recognition, the Agency 
will notify the recognized NRTL in writing, giving it the opportunity to 
rebut or correct the alleged deficiencies which would form the basis of 
the proposed revocation, within a reasonable period.
    b. If the alleged deficiencies are not corrected or reconciled 
within a reasonable period, OSHA will propose, in writing to the 
recognized NRTL, to revoke recognition. If deemed appropriate, no other 
announcement need be made by OSHA.
    c. The revocation shall be effective in 60 days unless within that 
period the recognized NRTL corrects the deficiencies or requests a 
hearing in writing.
    d. If a hearing is requested, it shall be held before an 
administrative law judge of the Department of Labor pursuant to the 
rules specified in 29 CFR part 1905, subpart C.
    e. The parties shall be OSHA and the recognized NRTL. The Assistant 
Secretary may allow other interested persons to participate in these 
hearings if such participation would contribute to the resolution of 
issues germane to the proceeding and not cause undue delay.
    f. The burden of proof shall be on OSHA to demonstrate by a 
preponderance of the evidence that the recognition should be revoked 
because the NRTL is not meeting the requirements for recognition, has 
not been reasonably performing the product testing functions as required 
by Sec. 1910.7, this appendix A, or the letter of recognition, or has 
materially misrepresented itself in its applications or publicity.
    3. Final decision. a. After the hearing, the Administrative Law 
Judge shall issue a decision stating the reasons based on the record as 
to whether it has been demonstrated, based on a preponderance of 
evidence, that the applicant does not continue to meet the requirements 
for its current recognition.
    b. Upon issuance of the decision, any party to the hearing may file 
exceptions within 20 days pursuant to 29 CFR 1905.28. If no exceptions 
are filed, this decision is the final decision of the Assistant 
Secretary. If objections are filed, the Administrative Law Judge shall 
forward the decision, exceptions and record to the Assistant Secretary 
for the final decision on the proposed revocation.
    c. The Assistant Secretary will review the record, the decision by 
the Administrative Law Judge, and the exceptions filed. Based on this, 
the Assistant Secretary shall issue the final decision as to whether it 
has been demonstrated, by a preponderance of evidence, that the 
recognized NRTL has not continued to meet the requirements for OSHA 
recognition. If the Assistant Secretary finds that the NRTL does not 
meet the NRTL recognition requirements, the recognition will be revoked.
    4. Public announcement. A copy of the Assistant Secretary's final 
decision will be provided to the applicant, and a notification will be 
published in the Federal Register announcing the decision, and the 
availability of the complete record of this proceeding at OSHA. The 
effective date of any revocation will be the date the final decision 
copy is sent to the NRTL.
    5. Review of final decision. There will be no further review 
activity available within the Department of Labor from the final 
decision of the Assistant Secretary.

[53 FR 12120, Apr. 12, 1988; 53 FR 16838, May 11, 1988, as amended at 54 
FR 24333, June 7, 1989; 65 FR 46818, 46819, July 31, 2000; 76 FR 10515, 
Feb. 25, 2011]



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

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

------------------------------------------------------------------------
                                                                  OMB
                       29 CFR citation                          control
                                                                  No.
------------------------------------------------------------------------
1910.7......................................................   1218-0147
1910.23.....................................................   1218-0199
1910.66.....................................................   1218-0121
1910.67(b)..................................................   1218-0230
1910.68.....................................................   1218-0226
1910.95.....................................................   1218-0048
1910.111....................................................   1218-0208
1910.119....................................................   1218-0200
1910.120....................................................   1218-0202
1910.132....................................................   1218-0205
1910.134....................................................   1218-0099
1910.137....................................................   1218-0190
1910.142....................................................   1218-0096
1910.145....................................................   1218-0132
1910.146....................................................   1218-0203
1910.147....................................................   1218-0150
1910.156....................................................   1218-0075
1910.157(e)(3)..............................................   1218-0210
1910.157(f)(16).............................................   1218-0218
1910.177(d)(3)(iv)..........................................   1218-0219
1910.179(j)(2)(iii) and (iv)................................   1218-0224
1910.179(m)(1) and (m)(2)...................................   1218-0224
1910.180(d)(6)..............................................   1218-0221
1910.180(g)(1) and (g)(2)(ii)...............................   1218-0221
1910.181(g)(1) and (g)(3)...................................   1218-0222
1910.184(e)(4), (f)(4) and (i)(8)(ii).......................   1218-0223
1910.217(e)(1)(i) and (ii)..................................   1218-0229
1910.217(g).................................................   1218-0070
1910.217(h).................................................   1218-0143
1910.218(a)(2)(i) and (ii)..................................   1218-0228
1910.252(a)(2)(xiii)(c).....................................   1218-0207
1910.255(e).................................................   1218-0207

[[Page 117]]

 
1910.266....................................................   1218-0198
1910.268....................................................   1218-0225
1910.269....................................................   1218-0190
1910.272....................................................   1218-0206
1910.302....................................................   1218-0256
1910.303....................................................   1218-0256
1910.304....................................................   1218-0256
1910.305....................................................   1218-0256
1910.306....................................................   1218-0256
1910.307....................................................   1218-0256
1910.308....................................................   1218-0256
1910.420....................................................   1218-0069
1910.421....................................................   1218-0069
1910.423....................................................   1218-0069
1910.430....................................................   1218-0069
1910.440....................................................   1218-0069
1910.1001...................................................   1218-0133
1910.1003...................................................   1218-0085
1910.1004...................................................   1218-0084
1910.1006...................................................   1218-0086
1910.1007...................................................   1218-0083
1910.1008...................................................   1218-0087
1910.1009...................................................   1218-0089
1910.1010...................................................   1218-0082
1910.1011...................................................   1218-0090
1910.1012...................................................   1218-0080
1910.1013...................................................   1218-0079
1910.1014...................................................   1218-0088
1910.1015...................................................   1218-0044
1910.1016...................................................   1218-0081
1910.1017...................................................   1218-0010
1910.1018...................................................   1218-0104
1910.1020...................................................   1218-0065
1910.1025...................................................   1218-0092
1910.1026...................................................   1218-0252
1910.1027...................................................   1218-0185
1910.1028...................................................   1218-0129
1910.1029...................................................   1218-0128
1910.1030...................................................   1218-0180
1910.1043...................................................   1218-0061
1910.1044...................................................   1218-0101
1910.1045...................................................   1218-0126
1910.1047...................................................   1218-0108
1910.1048...................................................   1218-0145
1910.1050...................................................   1218-0184
1910.1051...................................................   1218-0170
1910.1052...................................................   1218-0179
1910.1053...................................................   1218-0266
1910.1096...................................................   1218-0103
1910.1200...................................................   1218-0072
1910.1450...................................................   1218-0131
------------------------------------------------------------------------


[61 FR 5508, Feb. 13, 1996, as amended at 62 FR 29668, June 2, 1997; 62 
FR 42666, Aug. 8, 1997; 62 FR 43581, Aug. 14, 1997; 62 FR 65203, Dec. 
11, 1997; 63 FR 13340, Mar. 19, 1998; 63 FR 17093, Apr. 8, 1998; 71 FR 
38086, July 5, 2006; 72 FR 40075, July 23, 2007; 81 FR 48710, July 26, 
2016]



Sec. 1910.9  Compliance duties owed to each employee.

    (a) Personal protective equipment. Standards in this part requiring 
the employer to provide personal protective equipment (PPE), including 
respirators and other types of PPE, because of hazards to employees 
impose a separate compliance duty with respect to each employee covered 
by the requirement. The employer must provide PPE to each employee 
required to use the PPE, and each failure to provide PPE to an employee 
may be considered a separate violation.
    (b) Training. Standards in this part requiring training on hazards 
and related matters, such as standards requiring that employees receive 
training or that the employer train employees, provide training to 
employees, or institute or implement a training program, impose a 
separate compliance duty with respect to each employee covered by the 
requirement. The employer must train each affected employee in the 
manner required by the standard, and each failure to train an employee 
may be considered a separate violation.

[73 FR 75583, Dec. 12, 2008]



    Subpart B_Adoption and Extension of Established Federal Standards

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



Sec. 1910.11  Scope and purpose.

    (a) The provisions of this subpart B adopt and extend the 
applicability of, established Federal standards in effect on April 28, 
1971, with respect to every employer, employee, and employment covered 
by the Act.
    (b) It bears emphasis that only standards (i.e., substantive rules) 
relating to safety or health are adopted by any incorporations by 
reference of standards prescribed elsewhere in this chapter or this 
title. Other materials contained in the referenced parties are not 
adopted. Illustrations of the types of materials which are not adopted 
are these. The incorporations by reference of parts 1915, 1916, 1917, 
1918 in Secs. 1910.13,

[[Page 118]]

1910.14, 1910.15, and 1910.16 are not intended to include the discussion 
in those parts of the coverage of the Longshoremen's and Harbor Workers' 
Compensation Act or the penalty provisions of the Act. Similarly, the 
incorporation by reference of part 1926 in Sec. 1910.12 is not intended 
to include references to interpretative rules having relevance to the 
application of the Construction Safety Act, but having no relevance to 
the application to the Occupational Safety and Health Act.



Sec. 1910.12  Construction work.

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



Sec. 1910.15  Shipyard employment.

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

[[Page 119]]

    (5) Vessel includes every description of watercraft or other 
artificial contrivance used, or capable of being used, as a means of 
transportation on water, including special purpose floating structures 
not primarily designed for, or used as a means of, transportation on 
water.

[58 FR 35308, June 30, 1993]



Sec. 1910.16  Longshoring and marine terminals.

    (a) Safety and health standards for longshoring. (1) Part 1918 of 
this chapter shall apply exclusively, according to the provisions 
thereof, to all employment of every employee engaged in longshoring 
operations or related employment aboard any vessel. All cargo transfer 
accomplished with the use of shore-based material handling devices shall 
be governed by part 1917 of this chapter.
    (2) Part 1910 does not apply to longshoring operations except for 
the following provisions:
    (i) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (ii) Commercial diving operations. Subpart T;
    (iii) Electrical. Subpart S when shore-based electrical 
installations provide power for use aboard vessels;
    (iv) Hazard communication. Subpart Z, Sec. 1910.1200;
    (v) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (vi) Noise. Subpart G, Sec. 1910.95;
    (vii) Nonionizing radiation. Subpart G, Sec. 1910.97;

    Note to paragraph (a)(2)(vii): Exposures to nonionizing radiation 
emissions from commercial vessel transmitters are considered hazardous 
under the following conditions: (1) where the radar is transmitting, the 
scanner is stationary, and the exposure distance is 18.7 feet (6 m.) or 
less; or (2) where the radar is transmitting, the scanner is rotating, 
and the exposure distance is 5.2 feet (1.8 m.) or less.

    (viii) Respiratory protection. Subpart I, Sec. 1910.134;
    (ix) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements;\1\
---------------------------------------------------------------------------

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

    (B) Bloodborne pathogens, Sec. 1910.1030;
    (C) Carbon monoxide, Sec. 1910.1000 (See Sec. 1918.94 (a)); and
    (D) Hydrogen sulfide, Sec. 1910.1000 (See Sec. 1918.94 (f)).
    (x) Powered industrial truck operator training, Subpart N, 
Sec. 1910.178(l).
    (b) Safety and health standards for marine terminals. Part 1917 of 
this chapter shall apply exclusively, according to the provisions 
thereof, to employment within a marine terminal, except as follows:
    (1) The provisions of part 1917 of this chapter do not apply to the 
following:
    (i) Facilities used solely for the bulk storage, handling, and 
transfer of flammable and combustible liquids and gases.
    (ii) Facilities subject to the regulations of the Office of Pipeline 
Safety of the Research and Special Programs Administration, Department 
of Transportation (49 CFR chapter I, subchapter D), to the extent such 
regulations apply to specific working conditions.
    (iii) Fully automated bulk coal handling facilities contiguous to 
electrical power generating plants.
    (2) Part 1910 does not apply to marine terminals except for the 
following:
    (i) Abrasive blasting. Subpart G, Sec. 1910.94(a);
    (ii) Access to employee exposure and medical records. Subpart Z, 
Sec. 1910.1020;
    (iii) Commercial diving operations. Subpart T;
    (iv) Electrical. Subpart S;
    (v) Grain handling facilities. Subpart R, Sec. 1910.272;
    (vi) Hazard communication. Subpart Z, Sec. 1910.1200;
    (vii) Ionizing radiation. Subpart Z, Sec. 1910.1096;
    (viii) Noise. Subpart G, Sec. 1910.95;
    (ix) Nonionizing radiation. Subpart G, Sec. 1910.97.
    (x) Respiratory protection. Subpart I, Sec. 1910.134.

[[Page 120]]

    (xi) Safety requirements for scaffolding. Subpart D, Sec. 1910.28;
    (xii) Servicing multi-piece and single piece rim wheels. Subpart N, 
Sec. 1910.177;
    (xiii) Toxic and hazardous substances. Subpart Z applies to marine 
cargo handling activities except for the following:
    (A) When a substance or cargo is contained within a sealed, intact 
means of packaging or containment complying with Department of 
Transportation or International Maritime Organization requirements; \2\
---------------------------------------------------------------------------

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

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

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



Sec. 1910.17  Effective dates.

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

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



Sec. 1910.18  Changes in established Federal standards.

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



Sec. 1910.19  Special provisions for air contaminants.

    (a) Asbestos, tremolite, anthophyllite, and actinolite dust. Section 
1910.1001 shall apply to the exposure of every employee to asbestos, 
tremolite, anthophyllite, and actinolite dust in

[[Page 121]]

every employment and place of employment covered by Sec. 1910.16, in 
lieu of any different standard on exposure to asbestos, tremolite, 
anthophyllite, and actinolite dust which would otherwise be applicable 
by virtue of any of those sections.
    (b) Vinyl chloride. Section 1910.1017 shall apply to the exposure of 
every employee to vinyl chloride in every employment and place of 
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, 
Sec. 1910.15, or Sec. 1910.16, in lieu of any different standard on 
exposure to vinyl chloride which would otherwise be applicable by virtue 
of any of those sections.
    (c) Acrylonitrile. Section 1910.1045 shall apply to the exposure of 
every employee to acrylonitrile in every employment and place of 
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, 
Sec. 1910.15, or Sec. 1910.16, in lieu of any different standard on 
exposure to acrylonitrile which would otherwise be applicable by virtue 
of any of those sections.
    (d) [Reserved]
    (e) Inorganic arsenic. Section 1910.1018 shall apply to the exposure 
of every employee to inorganic arsenic in every employment covered by 
Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, Sec. 1910.15, or Sec. 1910.16, 
in lieu of any different standard on exposure to inorganic arsenic which 
would otherwise be applicable by virtue of any of those sections.
    (f) [Reserved]
    (g) Lead. Section 1910.1025 shall apply to the exposure of every 
employee to lead in every employment and place of employment covered by 
Secs. 1910.13, 1910.14, 1910.15, and 1910.16, in lieu of any different 
standard on exposure to lead which would otherwise be applicable by 
virtue of those sections.
    (h) Ethylene oxide. Section 1910.1047 shall apply to the exposure of 
every employee to ethylene oxide in every employment and place of 
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, 
Sec. 1910.15, or Sec. 1910.16, in lieu of any different standard on 
exposure to ethylene oxide which would otherwise be applicable by virtue 
of those sections.
    (i) 4,4'-Methylenedianiline (MDA). Section 1910.1050 shall apply to 
the exposure of every employee to MDA in every employment and place of 
employment covered by Sec. 1910.13, Sec. 1910.14, Sec. 1910.15, or 
Sec. 1910.16, in lieu of any different standard on exposure to MDA which 
would otherwise be applicable by virtue of those sections.
    (j) Formaldehyde. Section 1910.1048 shall apply to the exposure of 
every employee to formaldehyde in every employment and place of 
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, 
Sec. 1910.15 or Sec. 1910.16 in lieu of any different standard on 
exposure to formaldehyde which would otherwise be applicable by virtue 
of those sections.
    (k) Cadmium. Section 1910.1027 shall apply to the exposure of every 
employee to cadmium in every employment and place of employment covered 
by Sec. 1910.16 in lieu of any different standard on exposures to 
cadmium that would otherwise be applicable by virtue of those sections.
    (l) 1,3-Butadiene (BD). Section 1910.1051 shall apply to the 
exposure of every employee to BD in every employment and place of 
employment covered by Sec. 1910.12, Sec. 1910.13, Sec. 1910.14, 
Sec. 1910.15, or Sec. 1910.16, in lieu of any different standard on 
exposure to BD which would otherwise be applicable by virtue of those 
sections.
    (m) Methylene chloride (MC). Section 1910.1052 shall apply to the 
exposure of every employee to MC in every employment and place of 
employment covered by Sec. 1910.16 in lieu of any different standard on 
exposure to MC which would otherwise be applicable by virtue of that 
section when it is not present in sealed, intact containers.

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

Subpart C [Reserved]



                   Subpart D_Walking-Working Surfaces

    Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 
FR 9033), and 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

[[Page 122]]


    Source: 81 FR 82981, Nov. 18, 2016, unless otherwise noted.



Sec. 1910.21  Scope and definitions.

    (a) Scope. This subpart applies to all general industry workplaces. 
It covers all walking-working surfaces unless specifically excluded by 
an individual section of this subpart.
    (b) Definitions. The following definitions apply in this subpart:
    Alternating tread-type stair means a type of stairway consisting of 
a series of treads that usually are attached to a center support in an 
alternating manner such that an employee typically does not have both 
feet on the same level while using the stairway.
    Anchorage means a secure point of attachment for equipment such as 
lifelines, lanyards, deceleration devices, and rope descent systems.
    Authorized means an employee who the employer assigns to perform a 
specific type of duty, or allows in a specific location or area.
    Cage means an enclosure mounted on the side rails of a fixed ladder 
or fastened to a structure behind the fixed ladder that is designed to 
surround the climbing space of the ladder. A cage also is called a 
``cage guard'' or ``basket guard.''
    Carrier means the track of a ladder safety system that consists of a 
flexible cable or rigid rail attached to the fixed ladder or immediately 
adjacent to it.
    Combination ladder means a portable ladder that can be used as a 
stepladder, extension ladder, trestle ladder, or stairway ladder. The 
components of a combination ladder also may be used separately as a 
single ladder.
    Dangerous equipment means equipment, such as vats, tanks, electrical 
equipment, machinery, equipment or machinery with protruding parts, or 
other similar units, that, because of their function or form, may harm 
an employee who falls into or onto the equipment.
    Designated area means a distinct portion of a walking-working 
surface delineated by a warning line in which employees may perform work 
without additional fall protection.
    Dockboard means a portable or fixed device that spans a gap or 
compensates for a difference in elevation between a loading platform and 
a transport vehicle. Dockboards include, but are not limited to, bridge 
plates, dock plates, and dock levelers.
    Equivalent means alternative designs, equipment, materials, or 
methods, that the employer can demonstrate will provide an equal or 
greater degree of safety for employees compared to the designs, 
equipment, materials, or methods specified in this subpart.
    Extension ladder means a non-self-supporting portable ladder that is 
adjustable in length.
    Failure means a load refusal, breakage, or separation of component 
parts. A load refusal is the point at which the ultimate strength of a 
component or object is exceeded.
    Fall hazard means any condition on a walking-working surface that 
exposes an employee to a risk of harm from a fall on the same level or 
to a lower level.
    Fall protection means any equipment, device, or system that prevents 
an employee from falling from an elevation or mitigates the effect of 
such a fall.
    Fixed ladder means a ladder with rails or individual rungs that is 
permanently attached to a structure, building, or equipment. Fixed 
ladders include individual-rung ladders, but not ship stairs, step 
bolts, or manhole steps.
    Grab bar means an individual horizontal or vertical handhold 
installed to provide access above the height of the ladder.
    Guardrail system means a barrier erected along an unprotected or 
exposed side, edge, or other area of a walking-working surface to 
prevent employees from falling to a lower level.
    Handrail means a rail used to provide employees with a handhold for 
support.
    Hoist area means any elevated access opening to a walking-working 
surface through which equipment or materials are loaded or received.
    Hole means a gap or open space in a floor, roof, horizontal walking-
working surface, or similar surface that is at least 2 inches (5 cm) in 
its least dimension.
    Individual-rung ladder means a ladder that has rungs individually 
attached to a building or structure. An individual-

[[Page 123]]

rung ladder does not include manhole steps.
    Ladder means a device with rungs, steps, or cleats used to gain 
access to a different elevation.
    Ladder safety system means a system designed to eliminate or reduce 
the possibility of falling from a ladder. A ladder safety system usually 
consists of a carrier, safety sleeve, lanyard, connectors, and body 
harness. Cages and wells are not ladder safety systems.
    Low-slope roof means a roof that has a slope less than or equal to a 
ratio of 4 in 12 (vertical to horizontal).
    Lower level means a surface or area to which an employee could fall. 
Such surfaces or areas include, but are not limited to, ground levels, 
floors, roofs, ramps, runways, excavations, pits, tanks, materials, 
water, equipment, and similar surfaces and structures, or portions 
thereof.
    Manhole steps means steps that are individually attached to, or set 
into, the wall of a manhole structure.
    Maximum intended load means the total load (weight and force) of all 
employees, equipment, vehicles, tools, materials, and other loads the 
employer reasonably anticipates to be applied to a walking-working 
surface at any one time.
    Mobile means manually propelled or moveable.
    Mobile ladder stand (ladder stand) means a mobile, fixed-height, 
self-supporting ladder that usually consists of wheels or casters on a 
rigid base and steps leading to a top step. A mobile ladder stand also 
may have handrails and is designed for use by one employee at a time.
    Mobile ladder stand platform means a mobile, fixed-height, self-
supporting unit having one or more standing platforms that are provided 
with means of access or egress.
    Open riser means the gap or space between treads of stairways that 
do not have upright or inclined members (risers).
    Opening means a gap or open space in a wall, partition, vertical 
walking-working surface, or similar surface that is at least 30 inches 
(76 cm) high and at least 18 inches (46 cm) wide, through which an 
employee can fall to a lower level.
    Personal fall arrest system means a system used to arrest an 
employee in a fall from a walking-working surface. It consists of a body 
harness, anchorage, and connector. The means of connection may include a 
lanyard, deceleration device, lifeline, or a suitable combination of 
these.
    Personal fall protection system means a system (including all 
components) an employer uses to provide protection from falling or to 
safely arrest an employee's fall if one occurs. Examples of personal 
fall protection systems include personal fall arrest systems, 
positioning systems, and travel restraint systems.
    Platform means a walking-working surface that is elevated above the 
surrounding area.
    Portable ladder means a ladder that can readily be moved or carried, 
and usually consists of side rails joined at intervals by steps, rungs, 
or cleats.
    Positioning system (work-positioning system) means a system of 
equipment and connectors that, when used with a body harness or body 
belt, allows an employee to be supported on an elevated vertical 
surface, such as a wall or window sill, and work with both hands free. 
Positioning systems also are called ``positioning system devices'' and 
``work-positioning equipment.''
    Qualified describes a person who, by possession of a recognized 
degree, certificate, or professional standing, or who by extensive 
knowledge, training, and experience has successfully demonstrated the 
ability to solve or resolve problems relating to the subject matter, the 
work, or the project.
    Ramp means an inclined walking-working surface used to access 
another level.
    Riser means the upright (vertical) or inclined member of a stair 
that is located at the back of a stair tread or platform and connects 
close to the front edge of the next higher tread, platform, or landing.
    Rope descent system means a suspension system that allows an 
employee to descend in a controlled manner and, as needed, stop at any 
point during the descent. A rope descent system usually consists of a 
roof anchorage, support rope, a descent device, carabiner(s) or 
shackle(s), and a chair (seatboard). A

[[Page 124]]

rope descent system also is called controlled descent equipment or 
apparatus. Rope descent systems do not include industrial rope access 
systems.
    Rung, step, or cleat means the cross-piece of a ladder on which an 
employee steps to climb up and down.
    Runway means an elevated walking-working surface, such as a catwalk, 
a foot walk along shafting, or an elevated walkway between buildings.
    Scaffold means any temporary elevated or suspended platform and its 
supporting structure, including anchorage points, used to support 
employees, equipment, materials, and other items. For purposes of this 
subpart, a scaffold does not include a crane-suspended or derrick-
suspended personnel platform or a rope descent system.
    Ship stair (ship ladder) means a stairway that is equipped with 
treads, stair rails, and open risers, and has a slope that is between 50 
and 70 degrees from the horizontal.
    Side-step ladder means a type of fixed ladder that requires an 
employee to step sideways from it in order to reach a walking-working 
surface, such as a landing.
    Spiral stairs means a series of treads attached to a vertical pole 
in a winding fashion, usually within a cylindrical space.
    Stair rail or stair rail system means a barrier erected along the 
exposed or open side of stairways to prevent employees from falling to a 
lower level.
    Stairway (stairs) means risers and treads that connect one level 
with another, and includes any landings and platforms in between those 
levels. Stairways include standard, spiral, alternating tread-type, and 
ship stairs.
    Standard stairs means a fixed or permanently installed stairway. 
Ship, spiral, and alternating tread-type stairs are not considered 
standard stairs.
    Step bolt (pole step) means a bolt or rung attached at intervals 
along a structural member used for foot placement and as a handhold when 
climbing or standing.
    Stepladder means a self-supporting, portable ladder that has a fixed 
height, flat steps, and a hinged back.
    Stepstool means a self-supporting, portable ladder that has flat 
steps and side rails. For purposes of the final rule, stepstool includes 
only those ladders that have a fixed height, do not have a pail shelf, 
and do not exceed 32 inches (81 cm) in overall height to the top cap, 
although side rails may extend above the top cap. A stepstool is 
designed so an employee can climb and stand on all of the steps and the 
top cap.
    Through ladder means a type of fixed ladder that allows the employee 
to step through the side rails at the top of the ladder to reach a 
walking-working surface, such as a landing.
    Tieback means an attachment between an anchorage (e.g., structural 
member) and a supporting device (e.g., parapet clamp or cornice hook).
    Toeboard means a low protective barrier that is designed to prevent 
materials, tools, and equipment from falling to a lower level, and 
protect employees from falling.
    Travel restraint system means a combination of an anchorage, 
anchorage connector, lanyard (or other means of connection), and body 
support that an employer uses to eliminate the possibility of an 
employee going over the edge of a walking-working surface.
    Tread means a horizontal member of a stair or stairway, but does not 
include landings or platforms.
    Unprotected sides and edges mean any side or edge of a walking-
working surface (except at entrances and other points of access) where 
there is no wall, guardrail system, or stair rail system to protect an 
employee from falling to a lower level.
    Walking-working surface means any horizontal or vertical surface on 
or through which an employee walks, works, or gains access to a work 
area or workplace location.
    Warning line means a barrier erected to warn employees that they are 
approaching an unprotected side or edge, and which designates an area in 
which work may take place without the use of other means of fall 
protection.
    Well means a permanent, complete enclosure around a fixed ladder.



Sec. 1910.22  General requirements.

    (a) Surface conditions. The employer must ensure:
    (1) All places of employment, passageways, storerooms, service 
rooms,

[[Page 125]]

and walking-working surfaces are kept in a clean, orderly, and sanitary 
condition.
    (2) The floor of each workroom is maintained in a clean and, to the 
extent feasible, in a dry condition. When wet processes are used, 
drainage must be maintained and, to the extent feasible, dry standing 
places, such as false floors, platforms, and mats must be provided.
    (3) Walking-working surfaces are maintained free of hazards such as 
sharp or protruding objects, loose boards, corrosion, leaks, spills, 
snow, and ice.
    (b) Loads. The employer must ensure that each walking-working 
surface can support the maximum intended load for that surface.
    (c) Access and egress. The employer must provide, and ensure each 
employee uses, a safe means of access and egress to and from walking-
working surfaces.
    (d) Inspection, maintenance, and repair. The employer must ensure:
    (1) Walking-working surfaces are inspected, regularly and as 
necessary, and maintained in a safe condition;
    (2) Hazardous conditions on walking-working surfaces are corrected 
or repaired before an employee uses the walking-working surface again. 
If the correction or repair cannot be made immediately, the hazard must 
be guarded to prevent employees from using the walking-working surface 
until the hazard is corrected or repaired; and
    (3) When any correction or repair involves the structural integrity 
of the walking-working surface, a qualified person performs or 
supervises the correction or repair.



Sec. 1910.23  Ladders.

    (a) Application. The employer must ensure that each ladder used 
meets the requirements of this section. This section covers all ladders, 
except when the ladder is:
    (1) Used in emergency operations such as firefighting, rescue, and 
tactical law enforcement operations, or training for these operations; 
or
    (2) Designed into or is an integral part of machines or equipment.
    (b) General requirements for all ladders. The employer must ensure:
    (1) Ladder rungs, steps, and cleats are parallel, level, and 
uniformly spaced when the ladder is in position for use;
    (2) Ladder rungs, steps, and cleats are spaced not less than 10 
inches (25 cm) and not more than 14 inches (36 cm) apart, as measured 
between the centerlines of the rungs, cleats, and steps, except that:
    (i) Ladder rungs and steps in elevator shafts must be spaced not 
less than 6 inches (15 cm) apart and not more than 16.5 inches (42 cm) 
apart, as measured along the ladder side rails; and
    (ii) Fixed ladder rungs and steps on telecommunication towers must 
be spaced not more than 18 inches (46 cm) apart, measured between the 
centerlines of the rungs or steps;
    (3) Steps on stepstools are spaced not less than 8 inches (20 cm) 
apart and not more than 12 inches (30 cm) apart, as measured between the 
centerlines of the steps;
    (4) Ladder rungs, steps, and cleats have a minimum clear width of 
11.5 inches (29 cm) on portable ladders and 16 inches (41 cm) (measured 
before installation of ladder safety systems) for fixed ladders, except 
that:
    (i) The minimum clear width does not apply to ladders with narrow 
rungs that are not designed to be stepped on, such as those located on 
the tapered end of orchard ladders and similar ladders;
    (ii) Rungs and steps of manhole entry ladders that are supported by 
the manhole opening must have a minimum clear width of 9 inches (23 cm);
    (iii) Rungs and steps on rolling ladders used in telecommunication 
centers must have a minimum clear width of 8 inches (20 cm); and
    (iv) Stepstools have a minimum clear width of 10.5 inches (26.7 cm);
    (5) Wooden ladders are not coated with any material that may obscure 
structural defects;
    (6) Metal ladders are made with corrosion-resistant material or 
protected against corrosion;
    (7) Ladder surfaces are free of puncture and laceration hazards;
    (8) Ladders are used only for the purposes for which they were 
designed;

[[Page 126]]

    (9) Ladders are inspected before initial use in each work shift, and 
more frequently as necessary, to identify any visible defects that could 
cause employee injury;
    (10) Any ladder with structural or other defects is immediately 
tagged ``Dangerous: Do Not Use'' or with similar language in accordance 
with Sec. 1910.145 and removed from service until repaired in accordance 
with Sec. 1910.22(d), or replaced;
    (11) Each employee faces the ladder when climbing up or down it;
    (12) Each employee uses at least one hand to grasp the ladder when 
climbing up and down it; and
    (13) No employee carries any object or load that could cause the 
employee to lose balance and fall while climbing up or down the ladder.
    (c) Portable ladders. The employer must ensure:
    (1) Rungs and steps of portable metal ladders are corrugated, 
knurled, dimpled, coated with skid-resistant material, or otherwise 
treated to minimize the possibility of slipping;
    (2) Each stepladder or combination ladder used in a stepladder mode 
is equipped with a metal spreader or locking device that securely holds 
the front and back sections in an open position while the ladder is in 
use;
    (3) Ladders are not loaded beyond the maximum intended load;

    Note to paragraph (c)(3):
    The maximum intended load, as defined in Sec. 1910.21(b), includes 
the total load (weight and force) of the employee and all tools, 
equipment, and materials being carried.

    (4) Ladders are used only on stable and level surfaces unless they 
are secured or stabilized to prevent accidental displacement;
    (5) No portable single rail ladders are used;
    (6) No ladder is moved, shifted, or extended while an employee is on 
it;
    (7) Ladders placed in locations such as passageways, doorways, or 
driveways where they can be displaced by other activities or traffic:
    (i) Are secured to prevent accidental displacement; or
    (ii) Are guarded by a temporary barricade, such as a row of traffic 
cones or caution tape, to keep the activities or traffic away from the 
ladder;
    (8) The cap (if equipped) and top step of a stepladder are not used 
as steps;
    (9) Portable ladders used on slippery surfaces are secured and 
stabilized;
    (10) The top of a non-self-supporting ladder is placed so that both 
side rails are supported, unless the ladder is equipped with a single 
support attachment;
    (11) Portable ladders used to gain access to an upper landing 
surface have side rails that extend at least 3 feet (0.9 m) above the 
upper landing surface (see Figure D-1 of this section);
    (12) Ladders and ladder sections are not tied or fastened together 
to provide added length unless they are specifically designed for such 
use;
    (13) Ladders are not placed on boxes, barrels, or other unstable 
bases to obtain additional height.

[[Page 127]]

[GRAPHIC] [TIFF OMITTED] TR18NO16.346

    (d) Fixed ladders. The employer must ensure:
    (1) Fixed ladders are capable of supporting their maximum intended 
load;
    (2) The minimum perpendicular distance from the centerline of the 
steps or rungs, or grab bars, or both, to the nearest permanent object 
in back of the ladder is 7 inches (18 cm), except for elevator pit 
ladders, which have a minimum perpendicular distance of 4.5 inches (11 
cm);
    (3) Grab bars do not protrude on the climbing side beyond the rungs 
of the ladder that they serve;
    (4) The side rails of through or side-step ladders extend 42 inches 
(1.1 m) above the top of the access level or landing platform served by 
the ladder. For parapet ladders, the access level is:
    (i) The roof, if the parapet is cut to permit passage through the 
parapet; or
    (ii) The top of the parapet, if the parapet is continuous;
    (5) For through ladders, the steps or rungs are omitted from the 
extensions, and the side rails are flared to provide not less than 24 
inches (61cm) and not more than 30 inches (76 cm) of clearance. When a 
ladder safety system is provided, the maximum clearance between side 
rails of the extension must not exceed 36 inches (91 cm);
    (6) For side-step ladders, the side rails, rungs, and steps must be 
continuous in the extension (see Figure D-2 of this section);
    (7) Grab bars extend 42 inches (1.1 m) above the access level or 
landing platforms served by the ladder;
    (8) The minimum size (cross-section) of grab bars is the same size 
as the rungs of the ladder.
    (9) When a fixed ladder terminates at a hatch (see Figure D-3 of 
this section), the hatch cover:
    (i) Opens with sufficient clearance to provide easy access to or 
from the ladder; and
    (ii) Opens at least 70 degrees from horizontal if the hatch is 
counterbalanced;
    (10) Individual-rung ladders are constructed to prevent the 
employee's feet from sliding off the ends of the rungs (see Figure D-4 
of this section);

[[Page 128]]

    (11) Fixed ladders having a pitch greater than 90 degrees from the 
horizontal are not used;
    (12) The step-across distance from the centerline of the rungs or 
steps is:
    (i) For through ladders, not less than 7 inches (18 cm) and not more 
than 12 inches (30 cm) to the nearest edge of the structure, building, 
or equipment accessed from the ladders;
    (ii) For side-step ladders, not less than 15 inches (38 cm) and not 
more than 20 inches (51 cm) to the access points of the platform edge;
    (13) Fixed ladders that do not have cages or wells have:
    (i) A clear width of at least 15 inches (38 cm) on each side of the 
ladder centerline to the nearest permanent object; and
    (ii) A minimum perpendicular distance of 30 inches (76 cm) from the 
centerline of the steps or rungs to the nearest object on the climbing 
side. When unavoidable obstructions are encountered, the minimum 
clearance at the obstruction may be reduced to 24 inches (61 cm), 
provided deflector plates are installed (see Figure D-5 of this 
section).

    Note to paragraph (d): Section 1910.28 establishes the employer's 
duty to provide fall protection for employees on fixed ladders, and 
Sec. 1910.29 specifies the criteria for fall protection systems for 
fixed ladders.


[[Page 129]]


[GRAPHIC] [TIFF OMITTED] TR18NO16.347


[[Page 130]]


[GRAPHIC] [TIFF OMITTED] TR18NO16.348

    (e) Mobile ladder stands and mobile ladder stand platforms--(1) 
General requirements. The employer must ensure:
    (i) Mobile ladder stands and platforms have a step width of at least 
16 inches (41 cm);
    (ii) The steps and platforms of mobile ladder stands and platforms 
are slip resistant. Slip-resistant surfaces must be either an integral 
part of the design and construction of the mobile ladder stand and 
platform, or provided as a secondary process or operation, such as 
dimpling, knurling, shotblasting, coating, spraying, or applying durable 
slip-resistant tapes;
    (iii) Mobile ladder stands and platforms are capable of supporting 
at least four times their maximum intended load;
    (iv) Wheels or casters under load are capable of supporting their 
proportional share of four times the maximum intended load, plus their 
proportional share of the unit's weight;
    (v) Unless otherwise specified in this section, mobile ladder stands 
and platforms with a top step height of 4 feet (1.2 m) or above have 
handrails with a vertical height of 29.5 inches (75 cm) to 37 inches (94 
cm), measured from the front edge of a step. Removable gates or non-
rigid members, such as chains, may be used instead of handrails in 
special-use applications;
    (vi) The maximum work-surface height of mobile ladder stands and 
platforms does not exceed four times the shortest base dimension, 
without additional support. For greater heights, outriggers, 
counterweights, or comparable means that stabilize the mobile ladder 
stands and platforms and prevent overturning must be used;
    (vii) Mobile ladder stands and platforms that have wheels or casters 
are equipped with a system to impede horizontal movement when an 
employee is on the stand or platform; and
    (viii) No mobile ladder stand or platform moves when an employee is 
on it.
    (2) Design requirements for mobile ladder stands. The employer must 
ensure:
    (i) Steps are uniformly spaced and arranged, with a rise of not more 
than 10 inches (25 cm) and a depth of not less than 7 inches (18 cm). 
The slope of the step stringer to which the steps are attached must not 
be more than 60 degrees, measured from the horizontal;
    (ii) Mobile ladder stands with a top step height above 10 feet (3 m) 
have the top step protected on three sides by a handrail with a vertical 
height of at least 36 inches (91 cm); and top steps that are 20 inches 
(51 cm) or more,

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front to back, have a midrail and toeboard. Removable gates or non-rigid 
members, such as chains, may be used instead of handrails in special-use 
applications; and
    (iii) The standing area of mobile ladder stands is within the base 
frame.
    (3) Design requirements for mobile ladder stand platforms. The 
employer must ensure:
    (i) Steps of mobile ladder stand platforms meet the requirements of 
paragraph (e)(2)(i) of this section. When the employer demonstrates that 
the requirement is not feasible, steeper slopes or vertical rung ladders 
may be used, provided the units are stabilized to prevent overturning;
    (ii) Mobile ladder stand platforms with a platform height of 4 to 10 
feet (1.2 m to 3 m) have, in the platform area, handrails with a 
vertical height of at least 36 inches (91 cm) and midrails; and
    (iii) All ladder stand platforms with a platform height above 10 
feet (3 m) have guardrails and toeboards on the exposed sides and ends 
of the platform.
    (iv) Removable gates or non-rigid members, such as chains, may be 
used on mobile ladder stand platforms instead of handrails and 
guardrails in special-use applications.



Sec. 1910.24  Step bolts and manhole steps.

    (a) Step bolts. The employer must ensure:
    (1) Each step bolt installed on or after January 17, 2017 in an 
environment where corrosion may occur is constructed of, or coated with, 
material that protects against corrosion;
    (2) Each step bolt is designed, constructed, and maintained to 
prevent the employee's foot from slipping off the end of the step bolt;
    (3) Step bolts are uniformly spaced at a vertical distance of not 
less than 12 inches (30 cm) and not more than 18 inches (46 cm) apart, 
measured center to center (see Figure D-6 of this section). The spacing 
from the entry and exit surface to the first step bolt may differ from 
the spacing between the other step bolts;
    (4) Each step bolt has a minimum clear width of 4.5 inches (11 cm);
    (5) The minimum perpendicular distance between the centerline of 
each step bolt to the nearest permanent object in back of the step bolt 
is 7 inches (18 cm). When the employer demonstrates that an obstruction 
cannot be avoided, the distance must be at least 4.5 inches (11 cm);
    (6) Each step bolt installed before January 17, 2017 is capable of 
supporting its maximum intended load;
    (7) Each step bolt installed on or after January 17, 2017 is capable 
of supporting at least four times its maximum intended load;
    (8) Each step bolt is inspected at the start of the workshift and 
maintained in accordance with Sec. 1910.22; and
    (9) Any step bolt that is bent more than 15 degrees from the 
perpendicular in any direction is removed and replaced with a step bolt 
that meets the requirements of this section before an employee uses it.

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[GRAPHIC] [TIFF OMITTED] TR18NO16.349

    (b) Manhole steps. (1) The employer must ensure that each manhole 
step is capable of supporting its maximum intended load.
    (2) The employer must ensure that each manhole step installed on or 
after January 17, 2017:
    (i) Has a corrugated, knurled, dimpled, or other surface that 
minimizes the possibility of an employee slipping;
    (ii) Is constructed of, or coated with, material that protects 
against corrosion if the manhole step is located in an environment where 
corrosion may occur;
    (iii) Has a minimum clear step width of 10 inches (25 cm);
    (iv) Is uniformly spaced at a vertical distance not more than 16 
inches (41 cm) apart, measured center to center between steps. The 
spacing from the entry and exit surface to the first manhole step may 
differ from the spacing between the other steps.
    (v) Has a minimum perpendicular distance between the centerline of 
the manhole step to the nearest permanent object in back of the step of 
at least 4.5 inches (11 cm); and
    (vi) Is designed, constructed, and maintained to prevent the 
employee's foot from slipping or sliding off the end.
    (3) The employer must ensure that each manhole step is inspected at 
the start of the work shift and maintained in accordance with 
Sec. 1910.22.



Sec. 1910.25  Stairways.

    (a) Application. This section covers all stairways (including 
standard, spiral, ship, and alternating tread-type stairs), except for 
stairs serving floating roof tanks, stairs on scaffolds, stairs designed 
into machines or equipment, and stairs on self-propelled motorized 
equipment.
    (b) General requirements. The employer must ensure:
    (1) Handrails, stair rail systems, and guardrail systems are 
provided in accordance with Sec. 1910.28;
    (2) Vertical clearance above any stair tread to any overhead 
obstruction is at least 6 feet, 8 inches (203 cm), as measured from the 
leading edge of the tread. Spiral stairs must meet the vertical 
clearance requirements in paragraph (d)(3) of this section.
    (3) Stairs have uniform riser heights and tread depths between 
landings;
    (4) Stairway landings and platforms are at least the width of the 
stair and

[[Page 133]]

at least 30 inches (76 cm) in depth, as measured in the direction of 
travel;
    (5) When a door or a gate opens directly on a stairway, a platform 
is provided, and the swing of the door or gate does not reduce the 
platform's effective usable depth to:
    (i) Less than 20 inches (51 cm) for platforms installed before 
January 17, 2017; and
    (ii) Less than 22 inches (56 cm) for platforms installed on or after 
January 17, 2017 (see Figure D-7 of this section);
    (6) Each stair can support at least five times the normal 
anticipated live load, but never less than a concentrated load of 1,000 
pounds (454 kg) applied at any point;
    (7) Standard stairs are used to provide access from one walking-
working surface to another when operations necessitate regular and 
routine travel between levels, including access to operating platforms 
for equipment. Winding stairways may be used on tanks and similar round 
structures when the diameter of the tank or structure is at least 5 feet 
(1.5 m).
    (8) Spiral, ship, or alternating tread-type stairs are used only 
when the employer can demonstrate that it is not feasible to provide 
standard stairs.
    (9) When paragraph (b)(8) of this section allows the use of spiral, 
ship, or alternating tread-type stairs, they are installed, used, and 
maintained in accordance with manufacturer's instructions.
[GRAPHIC] [TIFF OMITTED] TR18NO16.350

    (c) Standard stairs. In addition to paragraph (b) of this section, 
the employer must ensure standard stairs:
    (1) Are installed at angles between 30 to 50 degrees from the 
horizontal;
    (2) Have a maximum riser height of 9.5 inches (24 cm);
    (3) Have a minimum tread depth of 9.5 inches (24 cm); and
    (4) Have a minimum width of 22 inches (56 cm) between vertical 
barriers (see Figure D-8 of this section).
    (5) Exception to paragraphs (c)(2) and (3) of this section. The 
requirements of paragraphs (c)(2) and (3) do not apply to standard 
stairs installed prior to January 17, 2017. OSHA will deem those stairs 
in compliance if they meet the dimension requirements specified in Table 
D-1 of this section or they use a combination that achieves the angle 
requirements of paragraph (c)(1) of this section.

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[GRAPHIC] [TIFF OMITTED] TR18NO16.351

[GRAPHIC] [TIFF OMITTED] TR18NO16.352

    (d) Spiral stairs. In addition to paragraph (b) of this section, the 
employer must ensure spiral stairs:
    (1) Have a minimum clear width of 26 inches (66 cm);
    (2) Have a maximum riser height of 9.5 inches (24 cm);
    (3) Have a minimum headroom above spiral stair treads of at least 6 
feet, 6 inches (2 m), measured from the leading edge of the tread;
    (4) Have a minimum tread depth of 7.5 inches (19 cm), measured at a 
point 12 inches (30 cm) from the narrower edge;
    (5) Have a uniform tread size;
    (e) Ship stairs. In addition to paragraph (b) of this section, the 
employer must ensure ship stairs (see Figure D-9 of this section):
    (1) Are installed at a slope of 50 to 70 degrees from the 
horizontal;
    (2) Have open risers with a vertical rise between tread surfaces of 
6.5 to 12 inches (17 to 30 cm);
    (3) Have minimum tread depth of 4 inches (10 cm); and

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    (4) Have a minimum tread width of 18 inches (46 cm).
    [GRAPHIC] [TIFF OMITTED] TR18NO16.353
    
    (f) Alternating tread-type stairs. In addition to paragraph (b) of 
this section, the employer must ensure alternating tread-type stairs:
    (1) Have a series of treads installed at a slope of 50 to 70 degrees 
from the horizontal;
    (2) Have a distance between handrails of 17 to 24 inches (51 to 61 
cm);
    (3) Have a minimum tread depth of 8.5 inches (22 cm); and
    (4) Have open risers if the tread depth is less than 9.5 inches (24 
cm);
    (5) Have a minimum tread width of 7 inches (18 cm), measured at the 
leading edge of the tread (i.e., nosing).

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[GRAPHIC] [TIFF OMITTED] TR18NO16.354



Sec. 1910.26  Dockboards.

    The employer must ensure that each dockboard used meets the 
requirements of this section. The employer must ensure:
    (a) Dockboards are capable of supporting the maximum intended load 
in accordance with Sec. 1910.22(b);
    (b)(1) Dockboards put into initial service on or after January 17, 
2017 are designed, constructed, and maintained to prevent transfer 
vehicles from running off the dockboard edge;
    (2) Exception to paragraph (b)(1) of this section. When the employer 
demonstrates there is no hazard of transfer vehicles running off the 
dockboard edge, the employer may use dockboards that do not have run-off 
protection.

[[Page 137]]

    (c) Portable dockboards are secured by anchoring them in place or 
using equipment or devices that prevent the dockboard from moving out of 
a safe position. When the employer demonstrates that securing the 
dockboard is not feasible, the employer must ensure there is sufficient 
contact between the dockboard and the surface to prevent the dockboard 
from moving out of a safe position;
    (d) Measures, such as wheel chocks or sand shoes, are used to 
prevent the transport vehicle (e.g. a truck, semi-trailer, trailer, or 
rail car) on which a dockboard is placed, from moving while employees 
are on the dockboard; and
    (e) Portable dockboards are equipped with handholds or other means 
to permit safe handling of dockboards.



Sec. 1910.27  Scaffolds and rope descent systems.

    (a) Scaffolds. Scaffolds used in general industry must meet the 
requirements in 29 CFR part 1926, subpart L (Scaffolds).
    (b) Rope descent systems--(1) Anchorages. (i) Before any rope 
descent system is used, the building owner must inform the employer, in 
writing that the building owner has identified, tested, certified, and 
maintained each anchorage so it is capable of supporting at least 5,000 
pounds (268 kg), in any direction, for each employee attached. The 
information must be based on an annual inspection by a qualified person 
and certification of each anchorage by a qualified person, as necessary, 
and at least every 10 years.
    (ii) The employer must ensure that no employee uses any anchorage 
before the employer has obtained written information from the building 
owner that each anchorage meets the requirements of paragraph (b)(1)(i) 
of this section. The employer must keep the information for the duration 
of the job.
    (iii) The requirements in paragraphs (b)(1)(i) and (ii) of this 
section must be implemented no later than November 20, 2017.
    (2) Use of rope descent systems. The employer must ensure:
    (i) No rope descent system is used for heights greater than 300 feet 
(91 m) above grade unless the employer demonstrates that it is not 
feasible to access such heights by any other means or that those means 
pose a greater hazard than using a rope descent system;
    (ii) The rope descent system is used in accordance with 
instructions, warnings, and design limitations set by the manufacturer 
or under the direction of a qualified person;
    (iii) Each employee who uses the rope descent system is trained in 
accordance with Sec. 1910.30;
    (iv) The rope descent system is inspected at the start of each 
workshift that it is to be used. The employer must ensure damaged or 
defective equipment is removed from service immediately and replaced;
    (v) The rope descent system has proper rigging, including anchorages 
and tiebacks, with particular emphasis on providing tiebacks when 
counterweights, cornice hooks, or similar non-permanent anchorages are 
used;
    (vi) Each employee uses a separate, independent personal fall arrest 
system that meets the requirements of subpart I of this part;
    (vii) All components of each rope descent system, except seat 
boards, are capable of sustaining a minimum rated load of 5,000 pounds 
(22.2 kN). Seat boards must be capable of supporting a live load of 300 
pounds (136 kg);
    (viii) Prompt rescue of each employee is provided in the event of a 
fall;
    (ix) The ropes of each rope descent system are effectively padded or 
otherwise protected, where they can contact edges of the building, 
anchorage, obstructions, or other surfaces, to prevent them from being 
cut or weakened;
    (x) Stabilization is provided at the specific work location when 
descents are greater than 130 feet (39.6 m);
    (xi) No employee uses a rope descent system when hazardous weather 
conditions, such as storms or gusty or excessive wind, are present;
    (xii) Equipment, such as tools, squeegees, or buckets, is secured by 
a tool lanyard or similar method to prevent it from falling; and
    (xiii) The ropes of each rope descent system are protected from 
exposure to open flames, hot work, corrosive chemicals, and other 
destructive conditions.

[[Page 138]]



Sec. 1910.28  Duty to have fall protection and falling object
protection.

    (a) General. (1) This section requires employers to provide 
protection for each employee exposed to fall and falling object hazards. 
Unless stated otherwise, the employer must ensure that all fall 
protection and falling object protection required by this section meet 
the criteria in Sec. 1910.29, except that personal fall protection 
systems required by this section meet the criteria of Sec. 1910.140.
    (2) This section does not apply:
    (i) To portable ladders;
    (ii) When employers are inspecting, investigating, or assessing 
workplace conditions or work to be performed prior to the start of work 
or after all work has been completed. This exemption does not apply when 
fall protection systems or equipment meeting the requirements of 
Sec. 1910.29 have been installed and are available for workers to use 
for pre-work and post-work inspections, investigations, or assessments;
    (iii) To fall hazards presented by the exposed perimeters of 
entertainment stages and the exposed perimeters of rail-station 
platforms;
    (iv) To powered platforms covered by Sec. 1910.66(j);
    (v) To aerial lifts covered by Sec. 1910.67(c)(2)(v);
    (vi) To telecommunications work covered by Sec. 1910.268(n)(7) and 
(8); and
    (vii) To electric power generation, transmission, and distribution 
work covered by Sec. 1910.269(g)(2)(i).
    (b) Protection from fall hazards--(1) Unprotected sides and edges. 
(i) Except as provided elsewhere in this section, the employer must 
ensure that each employee on a walking-working surface with an 
unprotected side or edge that is 4 feet (1.2 m) or more above a lower 
level is protected from falling by one or more of the following:
    (A) Guardrail systems;
    (B) Safety net systems; or
    (C) Personal fall protection systems, such as personal fall arrest, 
travel restraint, or positioning systems.
    (ii) When the employer can demonstrate that it is not feasible or 
creates a greater hazard to use guardrail, safety net, or personal fall 
protection systems on residential roofs, the employer must develop and 
implement a fall protection plan that meets the requirements of 29 CFR 
1926.502(k) and training that meets the requirements of 29 CFR 
1926.503(a) and (c).

    Note to paragraph (b)(1)(ii) of this section: There is a presumption 
that it is feasible and will not create a greater hazard to use at least 
one of the above-listed fall protection systems specified in paragraph 
(b)(1)(i) of this section. Accordingly, the employer has the burden of 
establishing that it is not feasible or creates a greater hazard to 
provide the fall protection systems specified in paragraph (b)(1)(i) and 
that it is necessary to implement a fall protection plan that complies 
with Sec. 1926.502(k) in the particular work operation, in lieu of 
implementing any of those systems.

    (iii) When the employer can demonstrate that the use of fall 
protection systems is not feasible on the working side of a platform 
used at a loading rack, loading dock, or teeming platform, the work may 
be done without a fall protection system, provided:
    (A) The work operation for which fall protection is infeasible is in 
process;
    (B) Access to the platform is limited to authorized employees; and,
    (C) The authorized employees are trained in accordance with 
Sec. 1910.30.
    (2) Hoist areas. The employer must ensure:
    (i) Each employee in a hoist area is protected from falling 4 feet 
(1.2 m) or more to a lower level by:
    (A) A guardrail system;
    (B) A personal fall arrest system; or
    (C) A travel restraint system.
    (ii) When any portion of a guardrail system, gate, or chains is 
removed, and an employee must lean through or over the edge of the 
access opening to facilitate hoisting, the employee is protected from 
falling by a personal fall arrest system.
    (iii) If grab handles are installed at hoist areas, they meet the 
requirements of Sec. 1910.29(l).
    (3) Holes. The employer must ensure:
    (i) Each employee is protected from falling through any hole 
(including skylights) that is 4 feet (1.2 m) or more above a lower level 
by one or more of the following:
    (A) Covers;
    (B) Guardrail systems;
    (C) Travel restraint systems; or
    (D) Personal fall arrest systems.

[[Page 139]]

    (ii) Each employee is protected from tripping into or stepping into 
or through any hole that is less than 4 feet (1.2 m) above a lower level 
by covers or guardrail systems.
    (iii) Each employee is protected from falling into a stairway floor 
hole by a fixed guardrail system on all exposed sides, except at the 
stairway entrance. However, for any stairway used less than once per day 
where traffic across the stairway floor hole prevents the use of a fixed 
guardrail system (e.g., holes located in aisle spaces), the employer may 
protect employees from falling into the hole by using a hinged floor 
hole cover that meets the criteria in Sec. 1910.29 and a removable 
guardrail system on all exposed sides, except at the entrance to the 
stairway.
    (iv) Each employee is protected from falling into a ladderway floor 
hole or ladderway platform hole by a guardrail system and toeboards 
erected on all exposed sides, except at the entrance to the hole, where 
a self-closing gate or an offset must be used.
    (v) Each employee is protected from falling through a hatchway and 
chute-floor hole by:
    (A) A hinged floor-hole cover that meets the criteria in 
Sec. 1910.29 and a fixed guardrail system that leaves only one exposed 
side. When the hole is not in use, the employer must ensure the cover is 
closed or a removable guardrail system is provided on the exposed sides;
    (B) A removable guardrail system and toeboards on not more than two 
sides of the hole and a fixed guardrail system on all other exposed 
sides. The employer must ensure the removable guardrail system is kept 
in place when the hole is not in use; or
    (C) A guardrail system or a travel restraint system when a work 
operation necessitates passing material through a hatchway or chute 
floor hole.
    (4) Dockboards. (i) The employer must ensure that each employee on a 
dockboard is protected from falling 4 feet (1.2 m) or more to a lower 
level by a guardrail system or handrails.
    (ii) A guardrail system or handrails are not required when:
    (A) Dockboards are being used solely for materials-handling 
operations using motorized equipment;
    (B) Employees engaged in these operations are not exposed to fall 
hazards greater than 10 feet (3 m); and
    (C) Those employees have been trained in accordance with 
Sec. 1910.30.
    (5) Runways and similar walkways. (i) The employer must ensure each 
employee on a runway or similar walkway is protected from falling 4 feet 
(1.2 m) or more to a lower level by a guardrail system.
    (ii) When the employer can demonstrate that it is not feasible to 
have guardrails on both sides of a runway used exclusively for a special 
purpose, the employer may omit the guardrail on one side of the runway, 
provided the employer ensures:
    (A) The runway is at least 18 inches (46 cm) wide; and
    (B) Each employee is provided with and uses a personal fall arrest 
system or travel restraint system.
    (6) Dangerous equipment. The employer must ensure:
    (i) Each employee less than 4 feet (1.2 m) above dangerous equipment 
is protected from falling into or onto the dangerous equipment by a 
guardrail system or a travel restraint system, unless the equipment is 
covered or guarded to eliminate the hazard.
    (ii) Each employee 4 feet (1.2 m) or more above dangerous equipment 
must be protected from falling by:
    (A) Guardrail systems;
    (B) Safety net systems;
    (C) Travel restraint systems; or
    (D) Personal fall arrest systems.
    (7) Openings. The employer must ensure that each employee on a 
walking-working surface near an opening, including one with a chute 
attached, where the inside bottom edge of the opening is less than 39 
inches (99 cm) above that walking-working surface and the outside bottom 
edge of the opening is 4 feet (1.2 m) or more above a lower level is 
protected from falling by the use of:
    (i) Guardrail systems;
    (ii) Safety net systems;
    (iii) Travel restraint systems; or,
    (iv) Personal fall arrest systems.
    (8) Repair pits, service pits, and assembly pits less than 10 feet 
in depth. The use of a fall protection system is not required for a 
repair pit, service pit, or

[[Page 140]]

assembly pit that is less than 10 feet (3 m) deep, provided the 
employer:
    (i) Limits access within 6 feet (1.8 m) of the edge of the pit to 
authorized employees trained in accordance with Sec. 1910.30;
    (ii) Applies floor markings at least 6 feet (1.8 m) from the edge of 
the pit in colors that contrast with the surrounding area; or places a 
warning line at least 6 feet (1.8 m) from the edge of the pit as well as 
stanchions that are capable of resisting, without tipping over, a force 
of at least 16 pounds (71 N) applied horizontally against the stanchion 
at a height of 30 inches (76 cm); or places a combination of floor 
markings and warning lines at least 6 feet (1.8 m) from the edge of the 
pit. When two or more pits in a common area are not more than 15 feet 
(4.5m) apart, the employer may comply by placing contrasting floor 
markings at least 6 feet (1.8 m) from the pit edge around the entire 
area of the pits; and
    (iii) Posts readily visible caution signs that meet the requirements 
of Sec. 1910.145 and state ``Caution--Open Pit.''
    (9) Fixed ladders (that extend more than 24 feet (7.3 m) above a 
lower level). (i) For fixed ladders that extend more than 24 feet (7.3 
m) above a lower level, the employer must ensure:
    (A) Existing fixed ladders. Each fixed ladder installed before 
November 19, 2018 is equipped with a personal fall arrest system, ladder 
safety system, cage, or well;
    (B) New fixed ladders. Each fixed ladder installed on and after 
November 19, 2018, is equipped with a personal fall arrest system or a 
ladder safety system;
    (C) Replacement. When a fixed ladder, cage, or well, or any portion 
of a section thereof, is replaced, a personal fall arrest system or 
ladder safety system is installed in at least that section of the fixed 
ladder, cage, or well where the replacement is located; and
    (D) Final deadline. On and after November 18, 2036, all fixed 
ladders are equipped with a personal fall arrest system or a ladder 
safety system.
    (ii) When a one-section fixed ladder is equipped with a personal 
fall protection or a ladder safety system or a fixed ladder is equipped 
with a personal fall arrest or ladder safety system on more than one 
section, the employer must ensure:
    (A) The personal fall arrest system or ladder safety system provides 
protection throughout the entire vertical distance of the ladder, 
including all ladder sections; and
    (B) The ladder has rest platforms provided at maximum intervals of 
150 feet (45.7 m).
    (iii) The employer must ensure ladder sections having a cage or 
well:
    (A) Are offset from adjacent sections; and
    (B) Have landing platforms provided at maximum intervals of 50 feet 
(15.2 m).
    (iv) The employer may use a cage or well in combination with a 
personal fall arrest system or ladder safety system provided that the 
cage or well does not interfere with the operation of the system.
    (10) Outdoor advertising (billboards). (i) The requirements in 
paragraph (b)(9) of this section, and other requirements in subparts D 
and I of this part, apply to fixed ladders used in outdoor advertising 
activities.
    (ii) When an employee engaged in outdoor advertising climbs a fixed 
ladder before November 19, 2018 that is not equipped with a cage, well, 
personal fall arrest system, or a ladder safety system the employer must 
ensure the employee:
    (A) Receives training and demonstrates the physical capability to 
perform the necessary climbs in accordance with Sec. 1910.29(h);
    (B) Wears a body harness equipped with an 18-inch (46 cm) rest 
lanyard;
    (C) Keeps both hands free of tools or material when climbing on the 
ladder; and
    (D) Is protected by a fall protection system upon reaching the work 
position.
    (11) Stairways. The employer must ensure:
    (i) Each employee exposed to an unprotected side or edge of a 
stairway landing that is 4 feet (1.2 m) or more above a lower level is 
protected by a guardrail or stair rail system;
    (ii) Each flight of stairs having at least 3 treads and at least 4 
risers is equipped with stair rail systems and handrails as follows:

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[GRAPHIC] [TIFF OMITTED] TR18NO16.355

    (iii) Each ship stairs and alternating tread type stairs is equipped 
with handrails on both sides.
    (12) Scaffolds and rope descent systems. The employer must ensure:
    (i) Each employee on a scaffold is protected from falling in 
accordance 29 CFR part 1926, subpart L; and
    (ii) Each employee using a rope descent system 4 feet (1.2 m) or 
more above a lower level is protected from falling by a personal fall 
arrest system.
    (13) Work on low-slope roofs. (i) When work is performed less than 6 
feet (1.6 m) from the roof edge, the employer must ensure each employee 
is protected from falling by a guardrail system, safety net system, 
travel restraint system, or personal fall arrest system.
    (ii) When work is performed at least 6 feet (1.6 m) but less than 15 
feet (4.6 m) from the roof edge, the employer must ensure each employee 
is protected from falling by using a guardrail system, safety net 
system, travel restraint system, or personal fall arrest system. The 
employer may use a designated area when performing work that is both 
infrequent and temporary.
    (iii) When work is performed 15 feet (4.6 m) or more from the roof 
edge, the employer must:
    (A) Protect each employee from falling by a guardrail system, safety 
net system, travel restraint system, or personal fall arrest system or a 
designated area. The employer is not required to provide any fall 
protection, provided the work is both infrequent and temporary; and
    (B) Implement and enforce a work rule prohibiting employees from 
going within 15 feet (4.6 m) of the roof edge without using fall 
protection in accordance with paragraphs (b)(13)(i) and (ii) of this 
section.
    (14) Slaughtering facility platforms. (i) The employer must protect 
each employee on the unprotected working side of a slaughtering facility 
platform that is 4 feet (1.2 m) or more above a lower level from falling 
by using:
    (A) Guardrail systems; or
    (B) Travel restraint systems.

[[Page 142]]

    (ii) When the employer can demonstrate the use of a guardrail or 
travel restraint system is not feasible, the work may be done without 
those systems provided:
    (A) The work operation for which fall protection is infeasible is in 
process;
    (B) Access to the platform is limited to authorized employees; and
    (C) The authorized employees are trained in accordance with 
Sec. 1910.30.
    (15) Walking-working surfaces not otherwise addressed. Except as 
provided elsewhere in this section or by other subparts of this part, 
the employer must ensure each employee on a walking-working surface 4 
feet (1.2 m) or more above a lower level is protected from falling by:
    (i) Guardrail systems;
    (ii) Safety net systems; or
    (iii) Personal fall protection systems, such as personal fall 
arrest, travel restraint, or positioning systems.
    (c) Protection from falling objects. When an employee is exposed to 
falling objects, the employer must ensure that each employee wears head 
protection that meets the requirements of subpart I of this part. In 
addition, the employer must protect employees from falling objects by 
implementing one or more of the following:
    (1) Erecting toeboards, screens, or guardrail systems to prevent 
objects from falling to a lower level;
    (2) Erecting canopy structures and keeping potential falling objects 
far enough from an edge, hole, or opening to prevent them from falling 
to a lower level; or
    (3) Barricading the area into which objects could fall, prohibiting 
employees from entering the barricaded area, and keeping objects far 
enough from an edge or opening to prevent them from falling to a lower 
level.



Sec. 1910.29  Fall protection systems and falling object protection
--criteria and practices.

    (a) General requirements. The employer must:
    (1) Ensure each fall protection system and falling object 
protection, other than personal fall protection systems, that this part 
requires meets the requirements in this section. The employer must 
ensure each personal fall protection system meets the requirements in 
subpart I of this part; and
    (2) Provide and install all fall protection systems and falling 
object protection this subpart requires, and comply with the other 
requirements in this subpart before any employee begins work that 
necessitates fall or falling object protection.
    (b) Guardrail systems. The employer must ensure guardrail systems 
meet the following requirements:
    (1) The top edge height of top rails, or equivalent guardrail system 
members, are 42 inches (107 cm), plus or minus 3 inches (8 cm), above 
the walking-working surface. The top edge height may exceed 45 inches 
(114 cm), provided the guardrail system meets all other criteria of 
paragraph (b) of this section (see Figure D-11 of this section).
    (2) Midrails, screens, mesh, intermediate vertical members, solid 
panels, or equivalent intermediate members are installed between the 
walking-working surface and the top edge of the guardrail system as 
follows when there is not a wall or parapet that is at least 21 inches 
(53 cm) high:
    (i) Midrails are installed at a height midway between the top edge 
of the guardrail system and the walking-working surface;
    (ii) Screens and mesh extend from the walking-working surface to the 
top rail and along the entire opening between top rail supports;
    (iii) Intermediate vertical members (such as balusters) are 
installed no more than 19 inches (48 cm) apart; and
    (iv) Other equivalent intermediate members (such as additional 
midrails and architectural panels) are installed so that the openings 
are not more than 19 inches (48 cm) wide.
    (3) Guardrail systems are capable of withstanding, without failure, 
a force of at least 200 pounds (890 N) applied in a downward or outward 
direction within 2 inches (5 cm) of the top edge, at any point along the 
top rail.
    (4) When the 200-pound (890-N) test load is applied in a downward 
direction, the top rail of the guardrail system must not deflect to a 
height of less than 39 inches (99 cm) above the walking-working surface.

[[Page 143]]

    (5) Midrails, screens, mesh, intermediate vertical members, solid 
panels, and other equivalent intermediate members are capable of 
withstanding, without failure, a force of at least 150 pounds (667 N) 
applied in any downward or outward direction at any point along the 
intermediate member.
    (6) Guardrail systems are smooth-surfaced to protect employees from 
injury, such as punctures or lacerations, and to prevent catching or 
snagging of clothing.
    (7) The ends of top rails and midrails do not overhang the terminal 
posts, except where the overhang does not pose a projection hazard for 
employees.
    (8) Steel banding and plastic banding are not used for top rails or 
midrails.
    (9) Top rails and midrails are at least 0.25-inches (0.6 cm) in 
diameter or in thickness.
    (10) When guardrail systems are used at hoist areas, a removable 
guardrail section, consisting of a top rail and midrail, are placed 
across the access opening between guardrail sections when employees are 
not performing hoisting operations. The employer may use chains or gates 
instead of a removable guardrail section at hoist areas if the employer 
demonstrates the chains or gates provide a level of safety equivalent to 
guardrails.
    (11) When guardrail systems are used around holes, they are 
installed on all unprotected sides or edges of the hole.
    (12) For guardrail systems used around holes through which materials 
may be passed:
    (i) When materials are being passed through the hole, not more than 
two sides of the guardrail system are removed; and
    (ii) When materials are not being passed through the hole, the hole 
must be guarded by a guardrail system along all unprotected sides or 
edges or closed over with a cover.
    (13) When guardrail systems are used around holes that serve as 
points of access (such as ladderways), the guardrail system opening:
    (i) Has a self-closing gate that slides or swings away from the 
hole, and is equipped with a top rail and midrail or equivalent 
intermediate member that meets the requirements in paragraph (b) of this 
section; or
    (ii) Is offset to prevent an employee from walking or falling into 
the hole;
    (14) Guardrail systems on ramps and runways are installed along each 
unprotected side or edge.
    (15) Manila or synthetic rope used for top rails or midrails are 
inspected as necessary to ensure that the rope continues to meet the 
strength requirements in paragraphs (b)(3) and (5) of this section.

    Note to paragraph (b) of this section: The criteria and practices 
requirements for guardrail systems on scaffolds are contained in 29 CFR 
part 1926, subpart L.


[[Page 144]]


[GRAPHIC] [TIFF OMITTED] TR18NO16.356

    (c) Safety net systems. The employer must ensure each safety net 
system meets the requirements in 29 CFR part 1926, subpart M.
    (d) Designated areas. (1) When the employer uses a designated area, 
the employer must ensure:
    (i) Employees remain within the designated area while work 
operations are underway; and
    (ii) The perimeter of the designated area is delineated with a 
warning line consisting of a rope, wire, tape, or chain that meets the 
requirements of paragraphs (d)(2) and (3) of this section.
    (2) The employer must ensure each warning line:
    (i) Has a minimum breaking strength of 200 pounds (0.89 kN);
    (ii) Is installed so its lowest point, including sag, is not less 
than 34 inches (86 cm) and not more than 39 inches (99 cm) above the 
walking-working surface;
    (iii) Is supported in such a manner that pulling on one section of 
the line will not result in slack being taken up in adjacent sections 
causing the line to fall below the limits specified in paragraph 
(d)(2)(ii) of this section;
    (iv) Is clearly visible from a distance of 25 feet (7.6 m) away, and 
anywhere within the designated area;
    (v) Is erected as close to the work area as the task permits; and
    (vi) Is erected not less than 6 feet (1.8 m) from the roof edge for 
work that is both temporary and infrequent, or not less than 15 feet 
(4.6 m) for other work.
    (3) When mobile mechanical equipment is used to perform work that is 
both temporary and infrequent in a designated area, the employer must 
ensure the warning line is erected not less than 6 feet (1.8 m) from the 
unprotected side or edge that is parallel to the direction in which the 
mechanical equipment is operated, and not less than 10 feet (3 m) from 
the unprotected side or edge that is perpendicular to the direction in 
which the mechanical equipment is operated.
    (e) Covers. The employer must ensure each cover for a hole in a 
walking-working surface:
    (1) Is capable of supporting without failure, at least twice the 
maximum intended load that may be imposed on the cover at any one time; 
and
    (2) Is secured to prevent accidental displacement.
    (f) Handrails and stair rail systems. The employer must ensure:
    (1) Height criteria. (i) Handrails are not less than 30 inches (76 
cm) and not more than 38 inches (97 cm), as measured from the leading 
edge of the stair tread to the top surface of the handrail (see Figure 
D-12 of this section).

[[Page 145]]

    (ii) The height of stair rail systems meets the following:
    (A) The height of stair rail systems installed before January 17, 
2017 is not less than 30 inches (76 cm) from the leading edge of the 
stair tread to the top surface of the top rail; and
    (B) The height of stair rail systems installed on or after January 
17, 2017 is not less than 42 inches (107 cm) from the leading edge of 
the stair tread to the top surface of the top rail.
    (iii) The top rail of a stair rail system may serve as a handrail 
only when:
    (A) The height of the stair rail system is not less than 36 inches 
(91 cm) and not more than 38 inches (97 cm) as measured at the leading 
edge of the stair tread to the top surface of the top rail (see Figure 
D-13 of this section); and
    (B) The top rail of the stair rail system meets the other handrail 
requirements in paragraph (f) of this section.
    (2) Finger clearance. The minimum clearance between handrails and 
any other object is 2.25 inches (5.7 cm).
    (3) Surfaces. Handrails and stair rail systems are smooth-surfaced 
to protect employees from injury, such as punctures or lacerations, and 
to prevent catching or snagging of clothing.
    (4) Openings in stair rails. No opening in a stair rail system 
exceeds 19 inches (48 cm) at its least dimension.
    (5) Handhold. Handrails have the shape and dimension necessary so 
that employees can grasp the handrail firmly.
    (6) Projection hazards. The ends of handrails and stair rail systems 
do not present any projection hazards.
    (7) Strength criteria. Handrails and the top rails of stair rail 
systems are capable of withstanding, without failure, a force of at 
least 200 pounds (890 N) applied in any downward or outward direction 
within 2 inches (5 cm) of any point along the top edge of the rail.

[[Page 146]]

[GRAPHIC] [TIFF OMITTED] TR18NO16.357


 
 
 
             Figure D-13 - Combination Handrail and Stair Rail
 


    (g) Cages, wells, and platforms used with fixed ladders. The 
employer must ensure:
    (1) Cages and wells installed on fixed ladders are designed, 
constructed, and maintained to permit easy access to, and egress from, 
the ladder that they enclose (see Figures D-14 and D-15 of this 
section);

[[Page 147]]

    (2) Cages and wells are continuous throughout the length of the 
fixed ladder, except for access, egress, and other transfer points;
    (3) Cages and wells are designed, constructed, and maintained to 
contain employees in the event of a fall, and to direct them to a lower 
landing; and
    (4) Platforms used with fixed ladders provide a horizontal surface 
of at least 24 inches by 30 inches (61 cm by 76 cm).

    Note to paragraph (g): Section 1910.28 establishes the requirements 
that employers must follow on the use of cages and wells as a means of 
fall protection.

[GRAPHIC] [TIFF OMITTED] TR18NO16.358

[GRAPHIC] [TIFF OMITTED] TR18NO16.359

    (h) Outdoor advertising. This paragraph (h) applies only to 
employers engaged in outdoor advertising operations (see 
Sec. 1910.28(b)(10)). Employers must ensure that each employee who 
climbs a fixed ladder without fall protection:

[[Page 148]]

    (1) Is physically capable, as demonstrated through observations of 
actual climbing activities or by a physical examination, to perform the 
duties that may be assigned, including climbing fixed ladders without 
fall protection;
    (2) Has successfully completed a training or apprenticeship program 
that includes hands-on training on the safe climbing of ladders and is 
retrained as necessary to maintain the necessary skills;
    (3) Has the skill to climb ladders safely, as demonstrated through 
formal classroom training or on-the-job training, and performance 
observation; and
    (4) Performs climbing duties as a part of routine work activity.
    (i) Ladder safety systems. The employer must ensure:
    (1) Each ladder safety system allows the employee to climb up and 
down using both hands and does not require that the employee 
continuously hold, push, or pull any part of the system while climbing;
    (2) The connection between the carrier or lifeline and the point of 
attachment to the body harness or belt does not exceed 9 inches (23 cm);
    (3) Mountings for rigid carriers are attached at each end of the 
carrier, with intermediate mountings spaced, as necessary, along the 
entire length of the carrier so the system has the strength to stop 
employee falls;
    (4) Mountings for flexible carriers are attached at each end of the 
carrier and cable guides for flexible carriers are installed at least 25 
feet (7.6 m) apart but not more than 40 feet (12.2 m) apart along the 
entire length of the carrier;
    (5) The design and installation of mountings and cable guides does 
not reduce the design strength of the ladder; and
    (6) Ladder safety systems and their support systems are capable of 
withstanding, without failure, a drop test consisting of an 18-inch (41-
cm) drop of a 500-pound (227-kg) weight.
    (j) Personal fall protection systems. Body belts, harnesses, and 
other components used in personal fall arrest systems, work positioning 
systems, and travel restraint systems must meet the requirements of 
Sec. 1910.140.
    (k) Protection from falling objects. (1) The employers must ensure 
toeboards used for falling object protection:
    (i) Are erected along the exposed edge of the overhead walking-
working surface for a length that is sufficient to protect employees 
below.
    (ii) Have a minimum vertical height of 3.5 inches (9 cm) as measured 
from the top edge of the toeboard to the level of the walking-working 
surface.
    (iii) Do not have more than a 0.25-inch (0.5-cm) clearance or 
opening above the walking-working surface.
    (iv) Are solid or do not have any opening that exceeds 1 inch (3 cm) 
at its greatest dimension.
    (v) Have a minimum height of 2.5 inches (6 cm) when used around 
vehicle repair, service, or assembly pits. Toeboards may be omitted 
around vehicle repair, service, or assembly pits when the employer can 
demonstrate that a toeboard would prevent access to a vehicle that is 
over the pit.
    (vi) Are capable of withstanding, without failure, a force of at 
least 50 pounds (222 N) applied in any downward or outward direction at 
any point along the toeboard.
    (2) The employer must ensure:
    (i) Where tools, equipment, or materials are piled higher than the 
top of the toeboard, paneling or screening is installed from the 
toeboard to the midrail of the guardrail system and for a length that is 
sufficient to protect employees below. If the items are piled higher 
than the midrail, the employer also must install paneling or screening 
to the top rail and for a length that is sufficient to protect employees 
below; and
    (ii) All openings in guardrail systems are small enough to prevent 
objects from falling through the opening.
    (3) The employer must ensure canopies used for falling object 
protection are strong enough to prevent collapse and to prevent 
penetration by falling objects.
    (l) Grab handles. The employer must ensure each grab handle:
    (1) Is not less than 12 inches (30 cm) long;
    (2) Is mounted to provide at least 3 inches (8 cm) of clearance from 
the framing or opening; and

[[Page 149]]

    (3) Is capable of withstanding a maximum horizontal pull-out force 
equal to two times the maximum intended load or 200 pounds (890 N), 
whichever is greater.



Sec. 1910.30  Training requirements.

    (a) Fall hazards. (1) Before any employee is exposed to a fall 
hazard, the employer must provide training for each employee who uses 
personal fall protection systems or who is required to be trained as 
specified elsewhere in this subpart. Employers must ensure employees are 
trained in the requirements of this paragraph on or before May 17, 2017.
    (2) The employer must ensure that each employee is trained by a 
qualified person.
    (3) The employer must train each employee in at least the following 
topics:
    (i) The nature of the fall hazards in the work area and how to 
recognize them;
    (ii) The procedures to be followed to minimize those hazards;
    (iii) The correct procedures for installing, inspecting, operating, 
maintaining, and disassembling the personal fall protection systems that 
the employee uses; and
    (iv) The correct use of personal fall protection systems and 
equipment specified in paragraph (a)(1) of this section, including, but 
not limited to, proper hook-up, anchoring, and tie-off techniques, and 
methods of equipment inspection and storage, as specified by the 
manufacturer.
    (b) Equipment hazards. (1) The employer must train each employee on 
or before May 17, 2017 in the proper care, inspection, storage, and use 
of equipment covered by this subpart before an employee uses the 
equipment.
    (2) The employer must train each employee who uses a dockboard to 
properly place and secure it to prevent unintentional movement.
    (3) The employer must train each employee who uses a rope descent 
system in proper rigging and use of the equipment in accordance with 
Sec. 1910.27.
    (4) The employer must train each employee who uses a designated area 
in the proper set-up and use of the area.
    (c) Retraining. The employer must retrain an employee when the 
employer has reason to believe the employee does not have the 
understanding and skill required by paragraphs (a) and (b) of this 
section. Situations requiring retraining include, but are not limited 
to, the following:
    (1) When changes in the workplace render previous training obsolete 
or inadequate;
    (2) When changes in the types of fall protection systems or 
equipment to be used render previous training obsolete or inadequate; or
    (3) When inadequacies in an affected employee's knowledge or use of 
fall protection systems or equipment indicate that the employee no 
longer has the requisite understanding or skill necessary to use 
equipment or perform the job safely.
    (d) Training must be understandable. The employer must provide 
information and training to each employee in a manner that the employee 
understands.



              Subpart E_Exit Routes and Emergency Planning

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



Sec. 1910.33  Table of contents.

    This section lists the sections and paragraph headings contained in 
Secs. 1910.34 through 1910.39.

                 Sec. 1910.34  Coverage and definitions.

(a) Every employer is covered.
(b) Exit routes are covered.
(c) Definitions.

        Sec. 1910.35  Compliance with Alternate Exit Route Codes.

   Sec. 1910.36  Design and construction requirements for exit routes.

(a) Basic requirements.
(b) The number of exit routes must be adequate.
(c) Exit discharge.
(d) An exit door must be unlocked.
(e) A side-hinged exit door must be used.
(f) The capacity of an exit route must be adequate.

[[Page 150]]

(g) An exit route must meet minimum height and width requirements.
(h) An outdoor exit route is permitted.

Sec. 1910.37  Maintenance, safeguards, and operational features for exit 
                                 routes.

(a) The danger to employees must be minimized.
(b) Lighting and marking must be adequate and appropriate.
(c) The fire retardant properties of paints or solutions must be 
          maintained.
(d) Exit routes must be maintained during construction, repairs, or 
          alterations.
(e) An employee alarm system must be operable.

                  Sec. 1910.38  Emergency action plans.

(a) Application.
(b) Written and oral emergency action plans.
(c) Minimum elements of an emergency action plan.
(d) Employee alarm system.
(e) Training.
(f) Review of emergency action plan.

                  Sec. 1910.39  Fire prevention plans.

(a) Application.
(b) Written and oral fire prevention plans.
(c) Minimum elements of a fire prevention plan.
(d) Employee information.

[67 FR 67961, Nov. 7, 2002, as amended at 76 FR 33606, June 8, 2011]



Sec. 1910.34  Coverage and definitions.

    (a) Every employer is covered. Sections 1910.34 through 1910.39 
apply to workplaces in general industry except mobile workplaces such as 
vehicles or vessels.
    (b) Exits routes are covered. The rules in Secs. 1910.34 through 
1910.39 cover the minimum requirements for exit routes that employers 
must provide in their workplace so that employees may evacuate the 
workplace safely during an emergency. Sections 1910.34 through 1910.39 
also cover the minimum requirements for emergency action plans and fire 
prevention plans.
    (c) Definitions.
    Electroluminescent means a light-emitting capacitor. Alternating 
current excites phosphor atoms when placed between the electrically 
conductive surfaces to produce light. This light source is typically 
contained inside the device.
    Exit means that portion of an exit route that is generally separated 
from other areas to provide a protected way of travel to the exit 
discharge. An example of an exit is a two-hour fire resistance-rated 
enclosed stairway that leads from the fifth floor of an office building 
to the outside of the building.
    Exit access means that portion of an exit route that leads to an 
exit. An example of an exit access is a corridor on the fifth floor of 
an office building that leads to a two-hour fire resistance-rated 
enclosed stairway (the Exit).
    Exit discharge means the part of the exit route that leads directly 
outside or to a street, walkway, refuge area, public way, or open space 
with access to the outside. An example of an exit discharge is a door at 
the bottom of a two-hour fire resistance-rated enclosed stairway that 
discharges to a place of safety outside the building.
    Exit route means a continuous and unobstructed path of exit travel 
from any point within a workplace to a place of safety (including refuge 
areas). An exit route consists of three parts: The exit access; the 
exit; and, the exit discharge. (An exit route includes all vertical and 
horizontal areas along the route.)
    High hazard area means an area inside a workplace in which 
operations include high hazard materials, processes, or contents.
    Occupant load means the total number of persons that may occupy a 
workplace or portion of a workplace at any one time. The occupant load 
of a workplace is calculated by dividing the gross floor area of the 
workplace or portion of the workplace by the occupant load factor for 
that particular type of workplace occupancy. Information regarding the 
``Occupant load'' is located in NFPA 101-2009, Life Safety Code, and in 
IFC-2009, International Fire Code (incorporated by reference, see 
Sec. 1910.6).
    Refuge area means either:
    (1) A space along an exit route that is protected from the effects 
of fire by separation from other spaces within the building by a barrier 
with at least a one-hour fire resistance-rating; or
    (2) A floor with at least two spaces, separated from each other by 
smoke-resistant partitions, in a building protected throughout by an 
automatic sprinkler system that complies with Sec. 1910.159 of this 
part.

[[Page 151]]

    Self-luminous means a light source that is illuminated by a self-
contained power source (e.g., tritium) and that operates independently 
from external power sources. Batteries are not acceptable self-contained 
power sources. The light source is typically contained inside the 
device.

[67 FR 67961, Nov. 7, 2002, as amended at 76 FR 33606, June 8, 2011]



Sec. 1910.35  Compliance with alternate exit-route codes.

    OSHA will deem an employer demonstrating compliance with the exit-
route provisions of NFPA 101, Life Safety Code, 2009 edition, or the 
exit-route provisions of the International Fire Code, 2009 edition, to 
be in compliance with the corresponding requirements in Secs. 1910.34, 
1910.36, and 1910.37 (incorporated by reference, see section 
Sec. 1910.6).

[76 FR 33606, June 8, 2011]



Sec. 1910.36  Design and construction requirements for exit routes.

    (a) Basic requirements. Exit routes must meet the following design 
and construction requirements:
    (1) An exit route must be permanent. Each exit route must be a 
permanent part of the workplace.
    (2) An exit must be separated by fire resistant materials. 
Construction materials used to separate an exit from other parts of the 
workplace must have a one-hour fire resistance-rating if the exit 
connects three or fewer stories and a two-hour fire resistance-rating if 
the exit connects four or more stories.
    (3) Openings into an exit must be limited. An exit is permitted to 
have only those openings necessary to allow access to the exit from 
occupied areas of the workplace, or to the exit discharge. An opening 
into an exit must be protected by a self-closing fire door that remains 
closed or automatically closes in an emergency upon the sounding of a 
fire alarm or employee alarm system. Each fire door, including its frame 
and hardware, must be listed or approved by a nationally recognized 
testing laboratory. Section 1910.155(c)(3)(iv)(A) of this part defines 
``listed'' and Sec. 1910.7 of this part defines a ``nationally 
recognized testing laboratory.''
    (b) The number of exit routes must be adequate--(1) Two exit routes. 
At least two exit routes must be available in a workplace to permit 
prompt evacuation of employees and other building occupants during an 
emergency, except as allowed in paragraph (b)(3) of this section. The 
exit routes must be located as far away as practical from each other so 
that if one exit route is blocked by fire or smoke, employees can 
evacuate using the second exit route.
    (2) More than two exit routes. More than two exit routes must be 
available in a workplace if the number of employees, the size of the 
building, its occupancy, or the arrangement of the workplace is such 
that all employees would not be able to evacuate safely during an 
emergency.
    (3) A single exit route. A single exit route is permitted where the 
number of employees, the size of the building, its occupancy, or the 
arrangement of the workplace is such that all employees would be able to 
evacuate safely during an emergency.

     Note to paragraph (b) of this section: For assistance in 
determining the number of exit routes necessary for your workplace, 
consult NFPA 101-2009, Life Safety Code, or IFC-2009, International Fire 
Code (incorporated by reference, see Sec. 1910.6).

    (c) Exit discharge. (1) Each exit discharge must lead directly 
outside or to a street, walkway, refuge area, public way, or open space 
with access to the outside.
    (2) The street, walkway, refuge area, public way, or open space to 
which an exit discharge leads must be large enough to accommodate the 
building occupants likely to use the exit route.
    (3) Exit stairs that continue beyond the level on which the exit 
discharge is located must be interrupted at that level by doors, 
partitions, or other effective means that clearly indicate the direction 
of travel leading to the exit discharge.
    (d) An exit door must be unlocked. (1) Employees must be able to 
open an exit route door from the inside at all times without keys, 
tools, or special knowledge. A device such as a panic bar that locks 
only from the outside is permitted on exit discharge doors.

[[Page 152]]

    (2) Exit route doors must be free of any device or alarm that could 
restrict emergency use of the exit route if the device or alarm fails.
    (3) An exit route door may be locked from the inside only in mental, 
penal, or correctional facilities and then only if supervisory personnel 
are continuously on duty and the employer has a plan to remove occupants 
from the facility during an emergency.
    (e) A side-hinged exit door must be used. (1) A side-hinged door 
must be used to connect any room to an exit route.
    (2) The door that connects any room to an exit route must swing out 
in the direction of exit travel if the room is designed to be occupied 
by more than 50 people or if the room is a high hazard area (i.e., 
contains contents that are likely to burn with extreme rapidity or 
explode).
    (f) The capacity of an exit route must be adequate. (1) Exit routes 
must support the maximum permitted occupant load for each floor served.
    (2) The capacity of an exit route may not decrease in the direction 
of exit route travel to the exit discharge.

     Note to paragraph (f) of this section: Information regarding the 
``Occupant load'' is located in NFPA 101-2009, Life Safety Code, and in 
IFC-2009, International Fire Code (incorporated by reference, see 
Sec. 1910.6).

    (g) An exit route must meet minimum height and width requirements. 
(1) The ceiling of an exit route must be at least seven feet six inches 
(2.3 m) high. Any projection from the ceiling must not reach a point 
less than six feet eight inches (2.0 m) from the floor.
    (2) An exit access must be at least 28 inches (71.1 cm) wide at all 
points. Where there is only one exit access leading to an exit or exit 
discharge, the width of the exit and exit discharge must be at least 
equal to the width of the exit access.
    (3) The width of an exit route must be sufficient to accommodate the 
maximum permitted occupant load of each floor served by the exit route.
    (4) Objects that project into the exit route must not reduce the 
width of the exit route to less than the minimum width requirements for 
exit routes.
    (h) An outdoor exit route is permitted. Each outdoor exit route must 
meet the minimum height and width requirements for indoor exit routes 
and must also meet the following requirements:
    (1) The outdoor exit route must have guardrails to protect 
unenclosed sides if a fall hazard exists;
    (2) The outdoor exit route must be covered if snow or ice is likely 
to accumulate along the route, unless the employer can demonstrate that 
any snow or ice accumulation will be removed before it presents a 
slipping hazard;
    (3) The outdoor exit route must be reasonably straight and have 
smooth, solid, substantially level walkways; and
    (4) The outdoor exit route must not have a dead-end that is longer 
than 20 feet (6.2 m).

[67 FR 67961, Nov. 7, 2002, as amended at 76 FR 33606, June 8, 2011]



Sec. 1910.37  Maintenance, safeguards, and operational features for
exit routes.

    (a) The danger to employees must be minimized. (1) Exit routes must 
be kept free of explosive or highly flammable furnishings or other 
decorations.
    (2) Exit routes must be arranged so that employees will not have to 
travel toward a high hazard area, unless the path of travel is 
effectively shielded from the high hazard area by suitable partitions or 
other physical barriers.
    (3) Exit routes must be free and unobstructed. No materials or 
equipment may be placed, either permanently or temporarily, within the 
exit route. The exit access must not go through a room that can be 
locked, such as a bathroom, to reach an exit or exit discharge, nor may 
it lead into a dead-end corridor. Stairs or a ramp must be provided 
where the exit route is not substantially level.
    (4) Safeguards designed to protect employees during an emergency 
(e.g., sprinkler systems, alarm systems, fire doors, exit lighting) must 
be in proper working order at all times.
    (b) Lighting and marking must be adequate and appropriate. (1) Each 
exit route must be adequately lighted so that an employee with normal 
vision can see along the exit route.
    (2) Each exit must be clearly visible and marked by a sign reading 
``Exit.''

[[Page 153]]

    (3) Each exit route door must be free of decorations or signs that 
obscure the visibility of the exit route door.
    (4) If the direction of travel to the exit or exit discharge is not 
immediately apparent, signs must be posted along the exit access 
indicating the direction of travel to the nearest exit and exit 
discharge. Additionally, the line-of-sight to an exit sign must clearly 
be visible at all times.
    (5) Each doorway or passage along an exit access that could be 
mistaken for an exit must be marked ``Not an Exit'' or similar 
designation, or be identified by a sign indicating its actual use (e.g., 
closet).
    (6) Each exit sign must be illuminated to a surface value of at 
least five foot-candles (54 lux) by a reliable light source and be 
distinctive in color. Self-luminous or electroluminescent signs that 
have a minimum luminance surface value of at least .06 footlamberts 
(0.21 cd/m\2\) are permitted.
    (7) Each exit sign must have the word ``Exit'' in plainly legible 
letters not less than six inches (15.2 cm) high, with the principal 
strokes of the letters in the word ``Exit'' not less than three-fourths 
of an inch (1.9 cm) wide.
    (c) The fire retardant properties of paints or solutions must be 
maintained. Fire retardant paints or solutions must be renewed as often 
as necessary to maintain their fire retardant properties.
    (d) Exit routes must be maintained during construction, repairs, or 
alterations. (1) During new construction, employees must not occupy a 
workplace until the exit routes required by this subpart are completed 
and ready for employee use for the portion of the workplace they occupy.
    (2) During repairs or alterations, employees must not occupy a 
workplace unless the exit routes required by this subpart are available 
and existing fire protections are maintained, or until alternate fire 
protection is furnished that provides an equivalent level of safety.
    (3) Employees must not be exposed to hazards of flammable or 
explosive substances or equipment used during construction, repairs, or 
alterations, that are beyond the normal permissible conditions in the 
workplace, or that would impede exiting the workplace.
    (e) An employee alarm system must be operable. Employers must 
install and maintain an operable employee alarm system that has a 
distinctive signal to warn employees of fire or other emergencies, 
unless employees can promptly see or smell a fire or other hazard in 
time to provide adequate warning to them. The employee alarm system must 
comply with Sec. 1910.165.

[67 FR 67961, Nov. 7, 2002]



Sec. 1910.38  Emergency action plans.

    (a) Application. An employer must have an emergency action plan 
whenever an OSHA standard in this part requires one. The requirements in 
this section apply to each such emergency action plan.
    (b) Written and oral emergency action plans. An emergency action 
plan must be in writing, kept in the workplace, and available to 
employees for review. However, an employer with 10 or fewer employees 
may communicate the plan orally to employees.
    (c) Minimum elements of an emergency action plan. An emergency 
action plan must include at a minimum:
    (1) Procedures for reporting a fire or other emergency;
    (2) Procedures for emergency evacuation, including type of 
evacuation and exit route assignments;
    (3) Procedures to be followed by employees who remain to operate 
critical plant operations before they evacuate;
    (4) Procedures to account for all employees after evacuation;
    (5) Procedures to be followed by employees performing rescue or 
medical duties; and
    (6) The name or job title of every employee who may be contacted by 
employees who need more information about the plan or an explanation of 
their duties under the plan.
    (d) Employee alarm system. An employer must have and maintain an 
employee alarm system. The employee alarm system must use a distinctive 
signal for each purpose and comply with the requirements in 
Sec. 1910.165.
    (e) Training. An employer must designate and train employees to 
assist in a safe and orderly evacuation of other employees.

[[Page 154]]

    (f) Review of emergency action plan. An employer must review the 
emergency action plan with each employee covered by the plan:
    (1) When the plan is developed or the employee is assigned initially 
to a job;
    (2) When the employee's responsibilities under the plan change; and
    (3) When the plan is changed.

[67 FR 67961, Nov. 7, 2002]



Sec. 1910.39  Fire prevention plans.

    (a) Application. An employer must have a fire prevention plan when 
an OSHA standard in this part requires one. The requirements in this 
section apply to each such fire prevention plan.
    (b) Written and oral fire prevention plans. A fire prevention plan 
must be in writing, be kept in the workplace, and be made available to 
employees for review. However, an employer with 10 or fewer employees 
may communicate the plan orally to employees.
    (c) Minimum elements of a fire prevention plan. A fire prevention 
plan must include:
    (1) A list of all major fire hazards, proper handling and storage 
procedures for hazardous materials, potential ignition sources and their 
control, and the type of fire protection equipment necessary to control 
each major hazard;
    (2) Procedures to control accumulations of flammable and combustible 
waste materials;
    (3) Procedures for regular maintenance of safeguards installed on 
heat-producing equipment to prevent the accidental ignition of 
combustible materials;
    (4) The name or job title of employees responsible for maintaining 
equipment to prevent or control sources of ignition or fires; and
    (5) The name or job title of employees responsible for the control 
of fuel source hazards.
    (d) Employee information. An employer must inform employees upon 
initial assignment to a job of the fire hazards to which they are 
exposed. An employer must also review with each employee those parts of 
the fire prevention plan necessary for self-protection.

[67 FR 67961, Nov. 7, 2002]



 Sec. Appendix to Subpart E of Part 1910--Exit Routes, Emergency Action 
                    Plans, and Fire Prevention Plans

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

                 Sec. 1910.38  Employee emergency plans.

    1. Emergency action plan elements. The emergency action plan should 
address emergencies that the employer may reasonably expect in the 
workplace. Examples are: fire; toxic chemical releases; hurricanes; 
tornadoes; blizzards; floods; and others. The elements of the emergency 
action plan presented in paragraph 1910.38(c) can be supplemented by the 
following to more effectively achieve employee safety and health in an 
emergency. The employer should list in detail the procedures to be taken 
by those employees who have been selected to remain behind to care for 
essential plant operations until their evacuation becomes absolutely 
necessary. Essential plant operations may include the monitoring of 
plant power supplies, water supplies, and other essential services which 
cannot be shut down for every emergency alarm. Essential plant 
operations may also include chemical or manufacturing processes which 
must be shut down in stages or steps where certain employees must be 
present to assure that safe shut down procedures are completed.
    The use of floor plans or workplace maps which clearly show the 
emergency escape routes should be included in the emergency action plan. 
Color coding will aid employees in determining their route assignments.
    The employer should also develop and explain in detail what rescue 
and medical first aid duties are to be performed and by whom. All 
employees are to be told what actions they are to take in these 
emergency situations that the employer anticipates may occur in the 
workplace.
    2. Emergency evacuation. At the time of an emergency, employees 
should know what type of evacuation is necessary and what their role is 
in carrying out the plan. In some cases where the emergency is very 
grave, total and immediate evacuation of all employees is necessary. In 
other emergencies, a partial evacuation of nonessential employees with a 
delayed evacuation of others may be necessary for continued plant 
operation. In some cases, only those employees in the immediate area of 
the fire may be expected to evacuate or move to a safe area such as when 
a local application fire suppression system discharge employee alarm is 
sounded. Employees must be sure that they know what is expected of them 
in all such emergency possibilities which have been

[[Page 155]]

planned in order to provide assurance of their safety from fire or other 
emergency.
    The designation of refuge or safe areas for evacuation should be 
determined and identified in the plan. In a building divided into fire 
zones by fire walls, the refuge area may still be within the same 
building but in a different zone from where the emergency occurs.
    Exterior refuge or safe areas may include parking lots, open fields 
or streets which are located away from the site of the emergency and 
which provide sufficient space to accommodate the employees. Employees 
should be instructed to move away from the exit discharge doors of the 
building, and to avoid congregating close to the building where they may 
hamper emergency operations.
    3. Emergency action plan training. The employer should assure that 
an adequate number of employees are available at all times during 
working hours to act as evacuation wardens so that employees can be 
swiftly moved from the danger location to the safe areas. Generally, one 
warden for each twenty employees in the workplace should be able to 
provide adequate guidance and instruction at the time of a fire 
emergency. The employees selected or who volunteer to serve as wardens 
should be trained in the complete workplace layout and the various 
alternative escape routes from the workplace. All wardens and fellow 
employees should be made aware of handicapped employees who may need 
extra assistance, such as using the buddy system, and of hazardous areas 
to be avoided during emergencies. Before leaving, wardens should check 
rooms and other enclosed spaces in the workplace for employees who may 
be trapped or otherwise unable to evacuate the area.
    After the desired degree of evacuation is completed, the wardens 
should be able to account for or otherwise verify that all employees are 
in the safe areas.
    In buildings with several places of employment, employers are 
encouraged to coordinate their plans with the other employers in the 
building. A building-wide or standardized plan for the whole building is 
acceptable provided that the employers inform their respective employees 
of their duties and responsibilities under the plan. The standardized 
plan need not be kept by each employer in the multi-employer building, 
provided there is an accessible location within the building where the 
plan can be reviewed by affected employees. When multi-employer 
building-wide plans are not feasible, employers should coordinate their 
plans with the other employers within the building to assure that 
conflicts and confusion are avoided during times of emergencies. In 
multi-story buildings where more than one employer is on a single floor, 
it is essential that these employers coordinate their plans with each 
other to avoid conflicts and confusion.
    4. Fire prevention housekeeping. The standard calls for the control 
of accumulations of flammable and combustible waste materials.
    It is the intent of this standard to assure that hazardous 
accumulations of combustible waste materials are controlled so that a 
fast developing fire, rapid spread of toxic smoke, or an explosion will 
not occur. This does not necessarily mean that each room has to be swept 
each day. Employers and employees should be aware of the hazardous 
properties of materials in their workplaces, and the degree of hazard 
each poses. Certainly oil soaked rags have to be treated differently 
than general paper trash in office areas. However, large accumulations 
of waste paper or corrugated boxes, etc., can pose a significant fire 
hazard. Accumulations of materials which can cause large fires or 
generate dense smoke that are easily ignited or may start from 
spontaneous combustion, are the types of materials with which this 
standard is concerned. Such combustible materials may be easily ignited 
by matches, welder's sparks, cigarettes and similar low level energy 
ignition sources.
    5. Maintenance of equipment under the fire prevention plan. Certain 
equipment is often installed in workplaces to control heat sources or to 
detect fuel leaks. An example is a temperature limit switch often found 
on deep-fat food fryers found in restaurants. There may be similar 
switches for high temperature dip tanks, or flame failure and flashback 
arrester devices on furnaces and similar heat producing equipment. If 
these devices are not properly maintained or if they become inoperative, 
a definite fire hazard exists. Again employees and supervisors should be 
aware of the specific type of control devices on equipment involved with 
combustible materials in the workplace and should make sure, through 
periodic inspection or testing, that these controls are operable. 
Manufacturers' recommendations should be followed to assure proper 
maintenance procedures.

[45 FR 60714, Sept. 12, 1980]



    Subpart F_Powered Platforms, Manlifts, and Vehicle-Mounted Work 
                                Platforms

    Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 
FR 9033), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912), as applicable; 
and 29 CFR part 1911.



Sec. 1910.66  Powered platforms for building maintenance.

    (a) Scope. This section covers powered platform installations 
permanently

[[Page 156]]

dedicated to interior or exterior building maintenance of a specific 
structure or group of structures. This section does not apply to 
suspended scaffolds (swinging scaffolds) used to service buildings on a 
temporary basis and covered under subpart D of this part, nor to 
suspended scaffolds used for construction work and covered under subpart 
L of 29 CFR part 1926. Building maintenance includes, but is not limited 
to, such tasks as window cleaning, caulking, metal polishing and 
reglazing.
    (b) Application--(1) New installations. This section applies to all 
permanent installations completed after July 23, 1990. Major 
modifications to existing installations completed after that date are 
also considered new installations under this section.
    (2) Existing installations. (i) Permanent installations in existence 
and/or completed before July 23, 1990 shall comply with paragraphs (g), 
(h), (i), (j) and appendix C to subpart I of this part.
    (ii) In addition, permanent installations completed after August 27, 
1971, and in existence and/or completed before July 23, 1990, shall 
comply with appendix D of this section.
    (c) Assurance. (1) Building owners of new installations shall inform 
the employer before each use in writing that the installation meets the 
requirements of paragraphs (e)(1) and (f)(1) of this section and the 
additional design criteria contained in other provisions of paragraphs 
(e) and (f) of this section relating to: required load sustaining 
capabilities of platforms, building components, hoisting and supporting 
equipment; stability factors for carriages, platforms and supporting 
equipment; maximum horizontal force for movement of carriages and 
davits; design of carriages, hoisting machines, wire rope and 
stabilization systems; and design criteria for electrical wiring and 
equipment.
    (2) Building owners shall base the information required in paragraph 
(c)(1) of this section on the results of a field test of the 
installation before being placed into service and following any major 
alteration to an existing installation, as required in paragraph (g)(1) 
of this section. The assurance shall also be based on all other relevant 
available information, including, but not limited to, test data, 
equipment specifications and verification by a registered professional 
engineer.
    (3) Building owners of all installations, new and existing, shall 
inform the employer in writing that the installation has been inspected, 
tested, and maintained in compliance with the requirements of paragraphs 
(g) and (h) of this section and that all anchorages meet the 
requirements of Sec. 1910.140(c)(13).
    (4) The employer shall not permit employees to use the installation 
prior to receiving assurance from the building owner that the 
installation meets the requirements contained in paragraphs (c)(1) and 
(c)(3) of this section.
    (d) Definitions.
    Anemometer means an instrument for measuring wind velocity.
    Angulated roping means a suspension method where the upper point of 
suspension is inboard from the attachments on the suspended unit, thus 
causing the suspended unit to bear against the face of the building.
    Building face roller means a rotating cylindrical member designed to 
ride on the face of the building wall to prevent the platform from 
abrading the face of the building and to assist in stabilizing the 
platform.
    Building maintenance means operations such as window cleaning, 
caulking, metal polishing, reglazing, and general maintenance on 
building surfaces.
    Cable means a conductor, or group of conductors, enclosed in a 
weatherproof sheath, that may be used to supply electrical power and/or 
control current for equipment or to provide voice communication 
circuits.
    Carriage means a wheeled vehicle used for the horizontal movement 
and support of other equipment.
    Certification means a written, signed and dated statement confirming 
the performance of a requirement of this section.
    Combination cable means a cable having both steel structural members 
capable of supporting the platform, and copper or other electrical 
conductors insulated from each other and the

[[Page 157]]

structural members by nonconductive barriers.
    Competent person means a person who, because of training and 
experience, is capable of identifying hazardous or dangerous conditions 
in powered platform installations and of training employees to identify 
such conditions.
    Continuous pressure means the need for constant manual actuation for 
a control to function.
    Control means a mechanism used to regulate or guide the operation of 
the equipment.
    Davit means a device, used singly or in pairs, for suspending a 
powered platform from work, storage and rigging locations on the 
building being serviced. Unlike outriggers, a davit reacts its operating 
load into a single roof socket or carriage attachment.
    Equivalent means alternative designs, materials or methods which the 
employer can demonstrate will provide an equal or greater degree of 
safety for employees than the methods, materials or designs specified in 
the standard.
    Ground rigging means a method of suspending a working platform 
starting from a safe surface to a point of suspension above the safe 
surface.
    Ground rigged davit means a davit which cannot be used to raise a 
suspended working platform above the building face being serviced.
    Guide button means a building face anchor designed to engage a guide 
track mounted on a platform.
    Guide roller means a rotating cylindrical member, operating 
separately or as part of a guide assembly, designed to provide 
continuous engagement between the platform and the building guides or 
guideways.
    Guide shoe means a device attached to the platform designed to 
provide a sliding contact between the platform and the building guides.
    Hoisting machine means a device intended to raise and lower a 
suspended or supported unit.
    Hoist rated load means the hoist manufacturer's maximum allowable 
operating load.
    Installation means all the equipment and all affected parts of a 
building which are associated with the performance of building 
maintenance using powered platforms.
    Interlock means a device designed to ensure that operations or 
motions occur in proper sequence.
    Intermittent stabilization means a method of platform stabilization 
in which the angulated suspension wire rope(s) are secured to regularly 
spaced building anchors.
    Lanyard means a flexible line of rope, wire rope or strap which is 
used to secure the body belt or body harness to a deceleration device, 
lifeline or anchorage.
    Lifeline means a component consisting of a flexible line for 
connection to an anchorage at one end to hang vertically (vertical 
lifeline), or for connection to anchorages at both ends to stretch 
horizontally (horizontal lifeline), and which serves as a means for 
connecting other components of a personal fall arrest system to the 
anchorage.
    Live load means the total static weight of workers, tools, parts, 
and supplies that the equipment is designed to support.
    Obstruction detector means a control that will stop the suspended or 
supported unit in the direction of travel if an obstruction is 
encountered, and will allow the unit to move only in a direction away 
from the obstruction.
    Operating control means a mechanism regulating or guiding the 
operation of equipment that ensures a specific operating mode.
    Operating device means a device actuated manually to activate a 
control.
    Outrigger means a device, used singly or in pairs, for suspending a 
working platform from work, storage, and rigging locations on the 
building being serviced. Unlike davits, an outrigger reacts its 
operating moment load as at least two opposing vertical components 
acting into two or more distinct roof points and/or attachments.
    Platform rated load means the combined weight of workers, tools, 
equipment and other material which is permitted to be carried by the 
working platform at the installation, as stated on the load rating 
plate.
    Poured socket means the method of providing wire rope terminations 
in which the ends of the rope are held in a tapered socket by means of 
poured spelter or resins.

[[Page 158]]

    Primary brake means a brake designed to be applied automatically 
whenever power to the prime mover is interrupted or discontinued.
    Prime mover means the source of mechanical power for a machine.
    Rated load means the manufacturer's recommended maximum load.
    Rated strength means the strength of wire rope, as designated by its 
manufacturer or vendor, based on standard testing procedures or 
acceptable engineering design practices.
    Rated working load means the combined static weight of men, 
materials, and suspended or supported equipment.
    Registered professional engineer means a person who has been duly 
and currently registered and licensed by an authority within the United 
States or its territories to practice the profession of engineering.
    Roof powered platform means a working platform where the hoist(s) 
used to raise or lower the platform is located on the roof.
    Roof rigged davit means a davit used to raise the suspended working 
platform above the building face being serviced. This type of davit can 
also be used to raise a suspended working platform which has been 
ground-rigged.
    Rope means the equipment used to suspend a component of an equipment 
installation, i.e., wire rope.
    Safe surface means a horizontal surface intended to be occupied by 
personnel, which is so protected by a fall protection system that it can 
be reasonably assured that said occupants will be protected against 
falls.
    Secondary brake means a brake designed to arrest the descent of the 
suspended or supported equipment in the event of an overspeed condition.
    Self powered platform means a working platform where the hoist(s) 
used to raise or lower the platform is mounted on the platform.
    Speed reducer means a positive type speed reducing machine.
    Stability factor means the ratio of the stabilizing moment to the 
overturning moment.
    Stabilizer tie means a flexible line connecting the building anchor 
and the suspension wire rope supporting the platform.
    Supported equipment means building maintenance equipment that is 
held or moved to its working position by means of attachment directly to 
the building or extensions of the building being maintained.
    Suspended equipment means building maintenance equipment that is 
suspended and raised or lowered to its working position by means of 
ropes or combination cables attached to some anchorage above the 
equipment.
    Suspended scaffold (swinging scaffold) means a scaffold supported on 
wire or other ropes, used for work on, or for providing access to, 
vertical sides of structures on a temporary basis. Such scaffold is not 
designed for use on a specific structure or group of structures.
    Tail line means the nonsupporting end of the wire rope used to 
suspend the platform.
    Tie-in guides means the portion of a building that provides 
continuous positive engagement between the building and a suspended or 
supported unit during its vertical travel on the face of the building.
    Traction hoist means a type of hoisting machine that does not 
accumulate the suspension wire rope on the hoisting drum or sheave, and 
is designed to raise and lower a suspended load by the application of 
friction forces between the suspension wire rope and the drum or sheave.
    Transportable outriggers means outriggers designed to be moved from 
one work location to another.
    Trolley carriage means a carriage suspended from an overhead track 
structure.
    Verified means accepted by design, evaluation, or inspection by a 
registered professional engineer.
    Weatherproof means so constructed that exposure to adverse weather 
conditions will not affect or interfere with the proper use or functions 
of the equipment or component.
    Winding drum hoist means a type of hoisting machine that accumulates 
the suspension wire rope on the hoisting drum.
    Working platform means suspended or supported equipment intended to 
provide access to the face of a building and

[[Page 159]]

manned by persons engaged in building maintenance.
    Wrap means one complete turn of the suspension wire rope around the 
surface of a hoist drum.
    (e) Powered platform installations--Affected parts of buildings--(1) 
General requirements. The following requirements apply to affected parts 
of buildings which utilize working platforms for building maintenance.
    (i) Structural supports, tie-downs, tie-in guides, anchoring devices 
and any affected parts of the building included in the installation 
shall be designed by or under the direction of a registered professional 
engineer experienced in such design;
    (ii) Exterior installations shall be capable of withstanding 
prevailing climatic conditions;
    (iii) The building installation shall provide safe access to, and 
egress from, the equipment and sufficient space to conduct necessary 
maintenance of the equipment;
    (iv) The affected parts of the building shall have the capability of 
sustaining all the loads imposed by the equipment; and,
    (v) The affected parts of the building shall be designed so as to 
allow the equipment to be used without exposing employees to a hazardous 
condition.
    (2) Tie-in guides. (i) The exterior of each building shall be 
provided with tie-in guides unless the conditions in paragraph 
(e)(2)(ii) or (e)(2)(iii) of this section are met.

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

    (ii) If angulated roping is employed, tie-in guides required in 
paragraph (e)(2)(i) of this section may be eliminated for not more than 
75 feet (22.9 m) of the uppermost elevation of the building, if 
infeasible due to exterior building design, provided an angulation force 
of at least 10 pounds (44.4 n) is maintained under all conditions of 
loading.
    (iii) Tie-in guides required in paragraph (e)(2)(i) of this section 
may be eliminated if one of the guide systems in paragraph 
(e)(2)(iii)(A), (e)(2)(iii)(B) or (e)(2)(iii)(C) of this section is 
provided, or an equivalent.
    (A) Intermittent stabilization system. The system shall keep the 
equipment in continuous contact with the building facade, and shall 
prevent sudden horizontal movement of the platform. The system may be 
used together with continuous positive building guide systems using tie-
in guides on the same building, provided the requirements for each 
system are met.
    (1) The maximum vertical interval between building anchors shall be 
three floors or 50 feet (15.3 m), whichever is less.
    (2) Building anchors shall be located vertically so that attachment 
of the stabilizer ties will not cause the platform suspension ropes to 
angulate the platform horizontally across the face of the building. The 
anchors shall be positioned horizontally on the building face so as to 
be symmetrical about the platform suspension ropes.
    (3) Building anchors shall be easily visible to employees and shall 
allow a stabilizer tie attachment for each of the platform suspension 
ropes at each vertical interval. If more than two suspension ropes are 
used on a platform, only the two building-side suspension ropes at the 
platform ends shall require a stabilizer attachment.
    (4) Building anchors which extend beyond the face of the building 
shall be free of sharp edges or points. Where cables, suspension wire 
ropes and lifelines may be in contact with the building face, external 
building anchors shall not interfere with their handling or operation.
    (5) The intermittent stabilization system building anchors and 
components shall be capable of sustaining without failure at least four 
times the maximum anticipated load applied or transmitted to the 
components and anchors. The minimum design wind load for each anchor 
shall be 300 (1334 n) pounds, if two anchors share the wind load.
    (6) The building anchors and stabilizer ties shall be capable of 
sustaining anticipated horizontal and vertical loads from winds 
specified for roof storage design which may act on the platform and wire 
ropes if the platform is stranded on a building face. If the building 
anchors have different spacing than the suspension wire rope

[[Page 160]]

or if the building requires different suspension spacings on one 
platform, one building anchor and stabilizer tie shall be capable of 
sustaining the wind loads.

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

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

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

    (C) System utilizing angulated roping and building face rollers. The 
system shall keep the equipment in continuous contact with the building 
facade, and shall prevent sudden horizontal movement of the platform. 
This system is acceptable only where the suspended portion of the 
equipment in use does not exceed 130 feet (39.6 m) above a safe surface 
or ground level, and where the platform maintains no less than 10 pounds 
(44.4 n) angulation force on the building facade.
    (iv) Tie-in guides for building interiors (atriums) may be 
eliminated when a registered professional engineer determines that an 
alternative stabilization system, including systems in paragraphs 
(e)(2)(iii) (A), (B) and (C), or a platform tie-off at each work station 
will provide equivalent safety.
    (3) Roof guarding. (i) Employees working on roofs while performing 
building maintenance shall be protected by a perimeter guarding system 
which meets the requirements of paragraph (c)(1) of Sec. 1910.23 of this 
part.
    (ii) The perimeter guard shall not be more than six inches (152 mm) 
inboard of the inside face of a barrier, i.e. the parapet wall, or roof 
edge curb of the building being serviced; however, the perimeter guard 
location shall not exceed an 18 inch (457 mm) setback from the exterior 
building face.
    (4) Equipment stops. Operational areas for trackless type equipment 
shall be provided with structural stops, such as curbs, to prevent 
equipment from traveling outside its intended travel areas and to 
prevent a crushing or shearing hazard.
    (5) Maintenance access. Means shall be provided to traverse all 
carriages and their suspended equipment to a safe area for maintenance 
and storage.
    (6) Elevated track. (i) An elevated track system which is located 
four feet (1.2 m) or more above a safe surface, and traversed by 
carriage supported equipment, shall be provided with a walkway and 
guardrail system; or
    (ii) The working platform shall be capable of being lowered, as part 
of its normal operation, to the lower safe surface for access and egress 
of the personnel and shall be provided with a safe means of access and 
egress to the lower safe surface.
    (7) Tie-down anchors. Imbedded tie-down anchors, fasteners, and 
affected structures shall be resistant to corrosion.
    (8) Cable stabilization. (i) Hanging lifelines and all cables not in 
tension shall be stabilized at each 200 foot (61 m) interval of vertical 
travel of the working platform beyond an initial 200 foot (61 m) 
distance.

[[Page 161]]

    (ii) Hanging cables, other than suspended wire ropes, which are in 
constant tension shall be stabilized when the vertical travel exceeds an 
initial 600 foot (183 m) distance, and at further intervals of 600 feet 
(183 m) or less.
    (9) Emergency planning. A written emergency action plan shall be 
developed and implemented for each kind of working platform operation. 
This plan shall explain the emergency procedures which are to be 
followed in the event of a power failure, equipment failure or other 
emergencies which may be encountered. The plan shall also explain that 
employees inform themselves about the building emergency escape routes, 
procedures and alarm systems before operating a platform. Upon initial 
assignment and whenever the plan is changed the employer shall review 
with each employee those parts of the plan which the employee must know 
to protect himself or herself in the event of an emergency.
    (10) Building maintenance. Repairs or major maintenance of those 
building portions that provide primary support for the suspended 
equipment shall not affect the capability of the building to meet the 
requirements of this standard.
    (11) Electrical requirements. The following electrical requirements 
apply to buildings which utilize working platforms for building 
maintenance.
    (i) General building electrical installations shall comply with 
Secs. 1910.302 through 1910.308 of this part, unless otherwise specified 
in this section;
    (ii) Building electrical wiring shall be of such capacity that when 
full load is applied to the equipment power circuit not more than a five 
percent drop from building service-vault voltage shall occur at any 
power circuit outlet used by equipment regulated by this section;
    (iii) The equipment power circuit shall be an independent electrical 
circuit that shall remain separate from all other equipment within or on 
the building, other than power circuits used for hand tools that will be 
used in conjunction with the equipment. If the building is provided with 
an emergency power system, the equipment power circuit may also be 
connected to this system;
    (iv) The power circuit shall be provided with a disconnect switch 
that can be locked in the ``OFF'' and ``ON'' positions. The switch shall 
be conveniently located with respect to the primary operating area of 
the equipment to allow the operators of the equipment access to the 
switch;
    (v) The disconnect switch for the power circuit shall be locked in 
the ``ON'' position when the equipment is in use; and
    (vi) An effective two-way voice communication system shall be 
provided between the equipment operators and persons stationed within 
the building being serviced. The communications facility shall be 
operable and shall be manned at all times by persons stationed within 
the building whenever the platform is being used.
    (f) Powered platform installations--Equipment--(1) General 
requirements. The following requirements apply to equipment which are 
part of a powered platform installation, such as platforms, stabilizing 
components, carriages, outriggers, davits, hoisting machines, wire ropes 
and electrical components.
    (i) Equipment installations shall be designed by or under the 
direction of a registered professional engineer experienced in such 
design;
    (ii) The design shall provide for a minimum live load of 250 pounds 
(113.6 kg) for each occupant of a suspended or supported platform;
    (iii) Equipment that is exposed to wind when not in service shall be 
designed to withstand forces generated by winds of at least 100 miles 
per hour (44.7 m/s) at 30 feet (9.2 m) above grade; and
    (iv) Equipment that is exposed to wind when in service shall be 
designed to withstand forces generated by winds of at least 50 miles per 
hour (22.4 m/s) for all elevations.
    (2) Construction requirements. Bolted connections shall be self-
locking or shall otherwise be secured to prevent loss of the connections 
by vibration.
    (3) Suspension methods. Elevated building maintenance equipment 
shall be suspended by a carriage, outriggers, davits or an equivalent 
method.

[[Page 162]]

    (i) Carriages. Carriages used for suspension of elevated building 
maintenance equipment shall comply with the following:
    (A) The horizontal movement of a carriage shall be controlled so as 
to ensure its safe movement and allow accurate positioning of the 
platform for vertical travel or storage;
    (B) Powered carriages shall not exceed a traversing speed of 50 feet 
per minute (0.3 m/s);
    (C) The initiation of a traversing movement for a manually propelled 
carriage on a smooth level surface shall not require a person to exert a 
horizontal force greater than 40 pounds (444.8 n);
    (D) Structural stops and curbs shall be provided to prevent the 
traversing of the carriage beyond its designed limits of travel;
    (E) Traversing controls for a powered carriage shall be of a 
continuous pressure weatherproof type. Multiple controls when provided 
shall be arranged to permit operation from only one control station at a 
time. An emergency stop device shall be provided on each end of a 
powered carriage for interrupting power to the carriage drive motors;
    (F) The operating controls(s) shall be so connected that in the case 
of suspended equipment, traversing of a carriage is not possible until 
the suspended portion of the equipment is located at its uppermost 
designed position for traversing; and is free of contact with the face 
of the building or building guides. In addition, all protective devices 
and interlocks are to be in the proper position to allow traversing of 
the carriage;
    (G) Stability for underfoot supported carriages shall be obtained by 
gravity, by an attachment to a structural support, or by a combination 
of gravity and a structural support. The use of flowing counterweights 
to achieve stability is prohibited.
    (1) The stability factor against overturning shall not be less than 
two for horizontal traversing of the carriage, including the effects of 
impact and wind.
    (2) The carriages and their anchorages shall be capable of resisting 
accidental over-tensioning of the wire ropes suspending the working 
platform, and this calculated value shall include the effect of one and 
one-half times the stall capacity of the hoist motor. All parts of the 
installation shall be capable of withstanding without damage to any part 
of the installation the forces resulting from the stall load of the 
hoist and one half the wind load.
    (3) Roof carriages which rely on having tie-down devices secured to 
the building to develop the required stability against overturning shall 
be provided with an interlock which will prevent vertical platform 
movement unless the tie-down is engaged;
    (H) An automatically applied braking or locking system, or 
equivalent, shall be provided that will prevent unintentional traversing 
of power traversed or power assisted carriages;
    (I) A manual or automatic braking or locking system or equivalent, 
shall be provided that will prevent unintentional traversing of manually 
propelled carriages;
    (J) A means to lock out the power supply for the carriage shall be 
provided;
    (K) Safe access to and egress from the carriage shall be provided 
from a safe surface. If the carriage traverses an elevated area, any 
operating area on the carriage shall be protected by a guardrail system 
in compliance with the provisions of paragraph (f)(5)(i)(F) of this 
section. Any access gate shall be self-closing and self-latching, or 
provided with an interlock;
    (L) Each carriage work station position shall be identified by 
location markings and/or position indicators; and
    (M) The motors shall stall if the load on the hoist motors is at any 
time in excess of three times that necessary for lifting the working 
platform with its rated load.
    (ii) Transportable outriggers. (A) Transportable outriggers may be 
used as a method of suspension for ground rigged working platforms where 
the point of suspension does not exceed 300 feet (91.5 m) above a safe 
surface. Tie-in guide system(s) shall be provided which meet the 
requirements of paragraph (e)(2) of this section.

[[Page 163]]

    (B) Transportable outriggers shall be used only with self-powered, 
ground rigged working platforms.
    (C) Each transportable outrigger shall be secured with a tie-down to 
a verified anchorage on the building during the entire period of its 
use. The anchorage shall be designed to have a stability factor of not 
less than four against overturning or upsetting of the outrigger.
    (D) Access to and egress from the working platform shall be from and 
to a safe surface below the point of suspension.
    (E) Each transportable outrigger shall be designed for lateral 
stability to prevent roll-over in the event an accidental lateral load 
is applied to the outrigger. The accidental lateral load to be 
considered in this design shall be not less than 70 percent of the rated 
load of the hoist.
    (F) Each transportable outrigger shall be designed to support an 
ultimate load of not less than four times the rated load of the hoist.
    (G) Each transportable outrigger shall be so located that the 
suspension wire ropes for two point suspended working platforms are hung 
parallel.
    (H) A transportable outrigger shall be tied-back to a verified 
anchorage on the building with a rope equivalent in strength to the 
suspension rope.
    (I) The tie-back rope shall be installed parallel to the centerline 
of the outrigger.
    (iii) Davits. (A) Every davit installation, fixed or transportable, 
rotatable or non-rotatable shall be designed and installed to insure 
that it has a stability factor against overturning of not less than 
four.
    (B) The following requirements apply to roof rigged davit systems:
    (1) Access to and egress from the working platform shall be from a 
safe surface. Access or egress shall not require persons to climb over a 
building's parapet or guard railing; and
    (2) The working platform shall be provided with wheels, casters or a 
carriage for traversing horizontally.
    (C) The following requirements apply to ground rigged davit systems:
    (1) The point of suspension shall not exceed 300 feet (91.5 m) above 
a safe surface. Guide system(s) shall be provided which meet the 
requirements of paragraph (e)(2) of this section;
    (2) Access and egress to and from the working platform shall only be 
from a safe surface below the point of suspension.
    (D) A rotating davit shall not require a horizontal force in excess 
of 40 pounds (177.9 n) per person to initiate a rotating movement.
    (E) The following requirements shall apply to transportable davits:
    (1) A davit or part of a davit weighing more than 80 pounds (36 kg) 
shall be provided with a means for its transport, which shall keep the 
center of gravity of the davit at or below 36 inches (914 mm) above the 
safe surface during transport;
    (2) A davit shall be provided with a pivoting socket or with a base 
that will allow the insertion or removal of a davit at a position of not 
more than 35 degrees above the horizontal, with the complete davit 
inboard of the building face being serviced; and
    (3) Means shall be provided to lock the davit to its socket or base 
before it is used to suspend the platform.
    (4) Hoisting machines. (i) Raising and lowering of suspended or 
supported equipment shall be performed only by a hoisting machine.
    (ii) Each hoisting machine shall be capable of arresting any 
overspeed descent of the load.
    (iii) Each hoisting machine shall be powered only by air, electric 
or hydraulic sources.
    (iv) Flammable liquids shall not be carried on the working platform.
    (v) Each hoisting machine shall be capable of raising or lowering 
125 percent of the rated load of the hoist.
    (vi) Moving parts of a hoisting machine shall be enclosed or guarded 
in compliance with paragraphs (a)(1) and (2) of Sec. 1910.212 of this 
part.
    (vii) Winding drums, traction drums and sheaves and directional 
sheaves used in conjunction with hoisting machines shall be compatible 
with, and sized for, the wire rope used.
    (viii) Each winding drum shall be provided with a positive means of 
attaching the wire rope to the drum. The attachment shall be capable of 
developing at least four times the rated load of the hoist.

[[Page 164]]

    (ix) Each hoisting machine shall be provided with a primary brake 
and at least one independent secondary brake, each capable of stopping 
and holding not less than 125 percent of the lifting capacity of the 
hoist.
    (A) The primary brake shall be directly connected to the drive train 
of the hoisting machine, and shall not be connected through belts, 
chains, clutches, or set screw type devices. The brake shall 
automatically set when power to the prime mover is interrupted.
    (B)(1) The secondary brake shall be an automatic emergency type of 
brake that, if actuated during each stopping cycle, shall not engage 
before the hoist is stopped by the primary brake.
    (2) When a secondary brake is actuated, it shall stop and hold the 
platform within a vertical distance of 24 inches (609.6 mm).
    (x) Any component of a hoisting machine which requires lubrication 
for its protection and proper functioning shall be provided with a means 
for that lubrication to be applied.
    (5) Suspended equipment--(i) General requirements. (A) Each 
suspended unit component, except suspension ropes and guardrail systems, 
shall be capable of supporting, without failure, at least four times the 
maximum intended live load applied or transmitted to that component.
    (B) Each suspended unit component shall be constructed of materials 
that will withstand anticipated weather conditions.
    (C) Each suspended unit shall be provided with a load rating plate, 
conspicuously located, stating the unit weight and rated load of the 
suspended unit.
    (D) When the suspension points on a suspended unit are not at the 
unit ends, the unit shall be capable of remaining continuously stable 
under all conditions of use and position of the live load, and shall 
maintain at least a 1.5 to 1 stability factor against unit upset.
    (E) Guide rollers, guide shoes or building face rollers shall be 
provided, and shall compensate for variations in building dimensions and 
for minor horizontal out-of-level variations of each suspended unit.
    (F) Each working platform of a suspended unit shall be secured to 
the building facade by one or more of the following methods, or by an 
equivalent method:
    (1) Continuous engagement to building anchors as provided in 
paragraph (e)(2)(i) of this section;
    (2) Intermittent engagement to building anchors as provided in 
paragraph (e)(2)(iii)(A) of this section;
    (3) Button guide engagement as provided in paragraph (e)(2)(iii)(B) 
of this section; or
    (4) Angulated roping and building face rollers as provided in 
paragraph (e)(2)(iii)(C) of this section.
    (G) Each working platform of a suspended unit shall be provided with 
a guardrail system on all sides which shall meet the following 
requirements:
    (1) The system shall consist of a top guardrail, midrail, and a 
toeboard;
    (2) The top guardrail shall not be less than 36 inches (914 mm) high 
and shall be able to withstand at least a 100-pound (444 n) force in any 
downward or outward direction;
    (3) The midrail shall be able to withstand at least a 75-pound (333 
n) force in any downward or outward direction; and
    (4) The areas between the guardrail and toeboard on the ends and 
outboard side, and the area between the midrail and toeboard on the 
inboard side, shall be closed with a material that is capable of 
withstanding a load of 100 pounds (45.4 KG.) applied horizontally over 
any area of one square foot (.09 m\2\). The material shall have all 
openings small enough to reject passage of life lines and potential 
falling objects which may be hazardous to persons below.
    (5) Toeboards shall be capable of withstanding, without failure, a 
force of at least 50 pounds (222 n) applied in any downward or 
horizontal direction at any point along the toeboard.
    (6) Toeboards shall be three and one-half inches (9 cm) minimum in 
length from their top edge to the level of the platform floor.
    (7) Toeboards shall be securely fastened in place at the outermost 
edge of the platform and have no more than one-half inch (1.3 cm) 
clearance above the platform floor.

[[Page 165]]

    (8) Toeboards shall be solid or with an opening not over one inch 
(2.5 cm) in the greatest dimension.
    (ii) Two and four-point suspended working platforms. (A) The working 
platform shall be not less than 24 inches (610 mm) wide and shall be 
provided with a minimum of a 12 inch (305 mm) wide passage at or past 
any obstruction on the platform.
    (B) The flooring shall be of a slip-resistant type and shall contain 
no opening that would allow the passage of life lines, cables and other 
potential falling objects. If a larger opening is provided, it shall be 
protected by placing a material under the opening which shall prevent 
the passage of life lines, cables and potential falling objects.
    (C) The working platfrom shall be provided with a means of 
suspension that will restrict the platform's inboard to outboard roll 
about its longitudinal axis to a maximum of 15 degrees from a horizontal 
plane when moving the live load from the inboard to the outboard side of 
the platform.
    (D) Any cable suspended from above the platform shall be provided 
with a means for storage to prevent accumulation of the cable on the 
floor of the platform.
    (E) All operating controls for the vertical travel of the platform 
shall be of the continuous-pressure type, and shall be located on the 
platform.
    (F) Each operating station of every working platform shall be 
provided with a means of interrupting the power supply to all hoist 
motors to stop any further powered ascent or descent of the platform.
    (G) The maximum rated speed of the platform shall not exceed 50 feet 
per minute (0.3 ms) with single speed hoists, nor 75 feet per minute 
(0.4 ms) with multi-speed hoists.
    (H) Provisions shall be made for securing all tools, water tanks, 
and other accessories to prevent their movement or accumulation on the 
floor of the platform.
    (I) Portable fire extinguishers conforming to the provisions of 
Secs. 1910.155 and 1910.157 of this part shall be provided and securely 
attached on all working platforms.
    (J) Access to and egress from a working platfrom, except for those 
that land directly on a safe surface, shall be provided by stairs, 
ladders, platforms and runways conforming to the provisions of subpart D 
of this part. Access gates shall be self-closing and self-latching.
    (K) Means of access to or egress from a working platform which is 48 
inches (1.2 m) or more above a safe surface shall be provided with a 
guardrail system or ladder handrails that conform to the provisions of 
subpart D of this part.
    (L) The platform shall be provided with a secondary wire rope 
suspension system if the platform contains overhead structures which 
restrict the emergency egress of employees. A horizontal lifeline or a 
direct connection anchorage shall be provided as part of a personal fall 
arrest system that meets the requirements of subpart I of this part for 
each employee on such a platform.
    (M) A vertical lifeline shall be provided as part of a personal fall 
arrest system that meets the requirements of subpart I of this part for 
each employee on a working platform suspended by two or more wire ropes, 
if the failure of one wire rope or suspension attachment will cause the 
platform to upset. If a secondary wire rope suspension is used, vertical 
lifelines are not required for the personal fall arrest system, provided 
that each employee is attached to a horizontal lifeline anchored to the 
platform.
    (N) An emergency electric operating device shall be provided on roof 
powered platforms near the hoisting machine for use in the event of 
failure of the normal operating device located on the working platform, 
or failure of the cable connected to the platform. The emergency 
electric operating device shall be mounted in a secured compartment, and 
the compartment shall be labeled with instructions for use. A means for 
opening the compartment shall be mounted in a break-glass receptable 
located near the emergency electric operating device or in an equivalent 
secure and accessible location.
    (iii) Single point suspended working platforms. (A) The requirements 
of paragraphs (f)(5)(ii) (A) through (K) of this section shall also 
apply to a single point working platform.

[[Page 166]]

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

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

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

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

    (6) Supported equipment. (i) Supported equipment shall maintain a 
vertical position in respect to the face of the building by means other 
than friction.
    (ii) Cog wheels or equivalent means shall be incorporated to provide 
climbing traction between the supported equipment and the building 
guides. Additional guide wheels or shoes shall be incorporated as may be 
necessary to

[[Page 167]]

ensure that the drive wheels are continuously held in positive 
engagement with the building guides.
    (iii) Launch guide mullions indexed to the building guides and 
retained in alignment with the building guides shall be used to align 
drive wheels entering the building guides.
    (iv) Manned platforms used on supported equipment shall comply with 
the requirements of paragraphs (f)(5)(ii)(A), (f)(5)(ii)(B), and 
(f)(5)(ii) (D) through (K) of this section covering suspended equipment.
    (7) Suspension wire ropes and rope connections. (i) Each specific 
installation shall use suspension wire ropes or combination cable and 
connections meeting the specification recommended by the manufacturer of 
the hoisting machine used. Connections shall be capable of developing at 
least 80 percent of the rated breaking strength of the wire rope.
    (ii) Each suspension rope shall have a ``Design Factor'' of at least 
10. The ``Design Factor'' is the ratio of the rated strength of the 
suspension wire rope to the rated working load, and shall be calculated 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR25SE06.005

Where:

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

    (iii) Suspension wire rope grade shall be at least improved plow 
steel or equivalent.
    (iv) Suspension wire ropes shall be sized to conform with the 
required design factor, but shall not be less than \5/16\ inch (7.94 mm) 
in diameter.
    (v) No more than one reverse bend in six wire rope lays shall be 
permitted.
    (vi) A corrosion-resistant tag shall be securely attached to one of 
the wire rope fastenings when a suspension wire rope is to be used at a 
specific location and will remain in that location. This tag shall bear 
the following wire rope data:
    (A) The diameter (inches and/or mm);
    (B) Construction classification;
    (C) Whether non-preformed or preformed;
    (D) The grade of material;
    (E) The manufacturer's rated strength;
    (F) The manufacturer's name;
    (G) The month and year the ropes were installed; and
    (H) The name of the person or company which installed the ropes.
    (vii) A new tag shall be installed at each rope renewal.
    (viii) The original tag shall be stamped with the date of the 
resocketing, or the original tag shall be retained and a supplemental 
tag shall be provided when ropes are resocketed. The supplemental tag 
shall show the date of resocketing and the name of the person or company 
that resocketed the rope.
    (ix) Winding drum type hoists shall contain at least three wraps of 
the suspension wire rope on the drum when the suspended unit has reached 
the lowest possible point of its vertical travel.
    (x) Traction drum and sheave type hoists shall be provided with a 
wire rope of sufficient length to reach the lowest possible point of 
vertical travel of the suspended unit, and an additional length of the 
wire rope of at least four feet (1.2 m).
    (xi) The lengthening or repairing of suspension wire ropes is 
prohibited.
    (xii) Babbitted fastenings for suspension wire rope are prohibited.
    (8) Control circuits, power circuits and their components. (i) 
Electrical wiring and equipment shall comply with subpart S of this 
part, except as otherwise required by this section.
    (ii) Electrical runway conductor systems shall be of a type designed 
for use in exterior locations, and shall be located so that they do not 
come into contact with accumulated snow or water.
    (iii) Cables shall be protected against damage resulting from 
overtensioning or from other causes.
    (iv) Devices shall be included in the control system for the 
equipment which will provide protection against electrical overloads, 
three phase reversal and phase failure. The control system shall have a 
separate method,

[[Page 168]]

independent of the direction control circuit, for breaking the power 
circuit in case of an emergency or malfunction.
    (v) Suspended or supported equipment shall have a control system 
which will require the operator of the equipment to follow predetermined 
procedures.
    (vi) The following requirements shall apply to electrical protection 
devices:
    (A) On installations where the carriage does not have a stability 
factor of at least four against overturning, electrical contact(s) shall 
be provided and so connected that the operating devices for the 
suspended or supported equipment shall be operative only when the 
carriage is located and mechanically retained at an established 
operating point.
    (B) Overload protection shall be provided in the hoisting or 
suspension system to protect against the equipment operating in the 
``up'' direction with a load in excess of 125 percent of the rated load 
of the platform; and
    (C) An automatic detector shall be provided for each suspension 
point that will interrupt power to all hoisting motors for travel in the 
``down'' direction, and apply the primary brakes if any suspension wire 
rope becomes slack. A continuous-pressure rigging-bypass switch designed 
for use during rigging is permitted. This switch shall only be used 
during rigging.
    (vii) Upper and lower directional switches designed to prevent the 
travel of suspended units beyond safe upward and downward levels shall 
be provided.
    (viii) Emergency stop switches shall be provided on remote 
controlled, roof-powered manned platforms adjacent to each control 
station on the platform.
    (ix) Cables which are in constant tension shall have overload 
devices which will prevent the tension in the cable from interfering 
with the load limiting device required in paragraph (f)(8)(vi)(B) of 
this section, or with the platform roll limiting device required in 
paragraph (f)(5)(ii)(C) of this section. The setting of these devices 
shall be coordinated with other overload settings at the time of design 
of the system, and shall be clearly indicated on or near the device. The 
device shall interrupt the equipment travel in the ``down'' direction.
    (g) Inspection and tests--(1) Installations and alterations. All 
completed building maintenance equipment installations shall be 
inspected and tested in the field before being placed in initial service 
to determine that all parts of the installation conform to applicable 
requirements of this standard, and that all safety and operating 
equipment is functioning as required. A similar inspection and test 
shall be made following any major alteration to an existing 
installation. No hoist in an installation shall be subjected to a load 
in excess of 125 percent of its rated load.
    (2) Periodic inspections and tests. (i) Related building supporting 
structures shall undergo periodic inspection by a competent person at 
intervals not exceeding 12 months.
    (ii) All parts of the equipment including control systems shall be 
inspected, and, where necessary, tested by a competent person at 
intervals specified by the manufacturer/supplier, but not to exceed 12 
months, to determine that they are in safe operating condition. Parts 
subject to wear, such as wire ropes, bearings, gears, and governors 
shall be inspected and/or tested to determine that they have not worn to 
such an extent as to affect the safe operation of the installation.
    (iii) The building owner shall keep a certification record of each 
inspection and test required under paragraphs (g)(2)(i) and (ii) of this 
section. The certification record shall include the date of the 
inspection, the signature of the person who performed the inspection, 
and the number, or other identifier, of the building support structure 
and equipment which was inspected. This certification record shall be 
kept readily available for review by the Assistant Secretary of Labor or 
the Assistant Secretary's representative and by the employer.
    (iv) Working platforms and their components shall be inspected by 
the employer for visible defects before every use and after each 
occurrence which could affect the platform's structural integrity.
    (3) Maintenance inspections and tests. (i) A maintenance inspection 
and,

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

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Secretary's representative and by the employer.
    (6) Hoist inspection. Before lowering personnel below the top 
elevation of the building, the hoist shall be tested each day in the 
lifting direction with the intended load to make certain it has 
sufficient capacity to raise the personnel back to the boarding level.
    (h) Maintenance--(1) General maintenance. All parts of the equipment 
affecting safe operation shall be maintained in proper working order so 
that they may perform the functions for which they were intended. The 
equipment shall be taken out of service when it is not in proper working 
order.
    (2) Cleaning. (i) Control or power contactors and relays shall be 
kept clean.
    (ii) All other parts shall be kept clean if their proper functioning 
would be affected by the presence of dirt or other contaminants.
    (3) Periodic resocketing of wire rope fastenings. (i) Hoisting ropes 
utilizing poured socket fastenings shall be resocketed at the non-drum 
ends at intervals not exceeding 24 months. In resocketing the ropes, a 
sufficient length shall be cut from the end of the rope to remove 
damaged or fatigued portions.
    (ii) Resocketed ropes shall conform to the requirements of paragraph 
(f)(7) of this section.
    (iii) Limit switches affected by the resocketed ropes shall be 
reset, if necessary.
    (4) Periodic reshackling of suspension wire ropes. The hoisting 
ropes shall be reshackled at the nondrum ends at intervals not exceeding 
24 months. When reshackling the ropes, a sufficient length shall be cut 
from the end of the rope to remove damaged or fatigued portions.
    (5) Roof systems. Roof track systems, tie-downs, or similar 
equipment shall be maintained in proper working order so that they 
perform the function for which they were intended.
    (6) Building face guiding members. T-rails, indented mullions, or 
equivalent guides located in the face of a building shall be maintained 
in proper working order so that they perform the functions for which 
they were intended. Brackets for cable stabilizers shall similarly be 
maintained in proper working order.
    (7) Inoperative safety devices. No person shall render a required 
safety device or electrical protective device inoperative, except as 
necessary for tests, inspections, and maintenance. Immediately upon 
completion of such tests, inspections and maintenance, the device shall 
be restored to its normal operating condition.
    (i) Operations--(1) Training. (i) Working platforms shall be 
operated only by persons who are proficient in the operation, safe use 
and inspection of the particular working platform to be operated.
    (ii) All employees who operate working platforms shall be trained in 
the following:
    (A) Recognition of, and preventive measures for, the safety hazards 
associated with their individual work tasks.
    (B) General recognition and prevention of safety hazards associated 
with the use of working platforms, including the provisions in the 
section relating to the particular working platform to be operated.
    (C) Emergency action plan procedures required in paragraph (e)(9) of 
this section.
    (D) Work procedures required in paragraph (i)(1)(iv) of this 
section.
    (E) Personal fall arrest system inspection, care, use and system 
performance.
    (iii) Training of employees in the operation and inspection of 
working platforms shall be done by a competent person.
    (iv) Written work procedures for the operation, safe use and 
inspection of working platforms shall be provided for employee training. 
Pictorial methods of instruction, may be used, in lieu of written work 
procedures, if employee communication is improved using this method. The 
operating manuals supplied by manufacturers for platform system 
components can serve as the basis for these procedures.
    (v) The employer shall certify that employees have been trained in 
operating and inspecting a working platform by preparing a certification 
record which includes the identity of the person trained, the signature 
of the employer or the person who conducted

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

            Appendix A to Sec. 1910.66, Guidelines (Advisory)

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

AA--The Aluminum Association, 818 Connecticut Avenue, NW., Washington, 
DC, 20006
Aluminum Construction Manual
Specifications For Aluminum Structures
Aluminum Standards and Data
AGMA--American Gear Manufacturers Association, 101 North Fort Meyer Dr., 
Suite 1000, Arlington, VA 22209
AISC--American Institute of Steel Construction, 400 North Michigan 
Avenue, Chicago, IL 60611
ANSI--American National Standards Institute, Inc., 1430 Broadway, New 
York, NY 10018
ASCE--American Society of Civil Engineers, 345 East 47th Street, New 
York, NY 10017
ASME--American Society of Mechanical Engineers, 345 East 47th Street, 
New York, NY 10017

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ASTM--American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103
AWS--American Welding Society, Inc., Box 351040, 550 NW. LeJeunne Road, 
Miami, FL 33126
JIC--Joint Industrial Council, 2139 Wisconsin Avenue NW., Washington, DC 
20007
NEMA--National Electric Manufacturers Association, 2101 L Street, NW., 
Washington, DC 20037

    4. Tie-in-guides. Indented mullions, T-rails or other equivalent 
guides are acceptable as tie-in guides in a building face for a 
continuous stabilization system. Internal guides are embedded in other 
building members with only the opening exposed (see Figure 1 of appendix 
B). External guides, however, are installed external to the other 
building members and so are fully exposed. The minimum opening for tie-
in guides is three-quarters of an inch (19 mm), and the minimum inside 
dimensions are one-inch (25 mm) deep and two inches (50 mm) wide.
    Employers should be aware of the hazards associated with tie-in 
guides in a continuous stabilization system which was not designed 
properly. For example, joints in these track systems may become extended 
or discontinuous due to installation or building settlement. If this 
alignment problem is not corrected, the system could jam when a guide 
roller or guide shoe strikes a joint and this would cause a hazardous 
situation for employees. In another instance, faulty design will result 
in guide rollers being mounted in a line so they will jam in the track 
at the slightest misalignment.
    5. Building anchors (intermittent stabilization system). In the 
selection of the vertical distance between building anchors, certain 
factors should be given consideration. These factors include building 
height and architectural design, platform length and weight, wire rope 
angulation, and the wind velocities in the building area. Another factor 
to consider is the material of the building face, since this material 
may be adversely affected by the building rollers.
    External or indented type building anchors are acceptable. 
Receptacles in the building facade used for the indented type should be 
kept clear of extraneous materials which will hinder their use. During 
the inspection of the platform installation, evidence of a failure or 
abuse of the anchors should be brought to the attention of the employer.
    6. Stabilizer tie length. A stabilizer tie should be long enough to 
provide for the planned angulation of the suspension cables. However, 
the length of the tie should not be excessive and become a problem by 
possibly becoming entangled in the building face rollers or parts of the 
platform machinery.
    The attachment length may vary due to material elongation and this 
should be considered when selecting the material to be used. 
Consideration should also be given to the use of ties which are easily 
installed by employees, since this will encourage their use.
    7. Intermittent stabilization system. Intermittent stabilization 
systems may use different equipment, tie-in devices and methods to 
restrict the horizontal movement of a powered platform with respect to 
the face of the building. One acceptable method employs corrosion-
resistant building anchors secured in the face of the building in 
vertical rows every third floor or 50 feet (15.3 m), whichever is less. 
The anchors are spaced horizontally to allow a stabilization attachment 
(stabilizer tie) for each of the two platform suspension wire ropes. The 
stabilizer tie consists of two parts. One part is a quick connect-quick 
disconnect device which utilizes a corrosion-resistant yoke and retainer 
spring that is designed to fit over the building anchors. The second 
part of the stabilizer tie is a lanyard which is used to maintain a 
fixed distance between the suspension wire rope and the face of the 
building.
    In this method, as the suspended powered platform descends past the 
elevation of each anchor, the descent is halted and each of the platform 
occupants secures a stabilizer tie between a suspension wire rope and a 
building anchor. The procedure is repeated as each elevation of a 
building anchor is reached during the descent of the powered platform.
    As the platform ascends, the procedure is reversed; that is, the 
stabilizer ties are removed as each elevation of a building anchor is 
reached. The removal of each stabilizer tie is assured since the 
platform is provided with stopping devices which will interrupt power to 
its hoist(s) in the event either stopping device contacts a stabilizer 
during the ascent of the platform.
    Figure 2 of appendix B illustrates another type of acceptable 
intermittent stabilization system which utilizes retaining pins as the 
quick connect-quick disconnect device in the stabilizer tie.
    8. Wire Rope Inspection. The inspection of the suspension wire rope 
is important since the rope gradually loses strength during its useful 
life. The purpose of the inspection is to determine whether the wire 
rope has sufficient integrity to support a platform with the required 
design factor.
    If there is any doubt concerning the condition of a wire rope or its 
ability to perform the required work, the rope should be replaced. The 
cost of wire rope replacement is quite small if compared to the cost in 
terms of human injuries, equipment down time and replacement.
    No listing of critical inspection factors, which serve as a basis 
for wire rope replacement in the standard, can be a substitute for an 
experienced inspector of wire rope. The

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listing serves as a user's guide to the accepted standards by which 
ropes must be judged.
    Rope life can be prolonged if preventive maintenance is performed 
regularly. Cutting off an appropriate length of rope at the end 
termination before the core degrades and valley breaks appear minimizes 
degradation at these sections.
    9. General Maintenance. In meeting the general maintenance 
requirement in paragraph (h)(1) of the standard, the employer should 
undertake the prompt replacement of broken, worn and damaged parts, 
switch contacts, brushes, and short flexible conductors of electrical 
devices. The components of the electrical service system and traveling 
cables should be replaced when damaged or significantly abraded. In 
addition, gears, shafts, bearings, brakes and hoisting drums should be 
kept in proper alignment.
    10. Training. In meeting the training requirement of paragraph 
(i)(1) of the standard, employers should use both on the job training 
and formal classroom training. The written work procedures used for this 
training should be obtained from the manufacturer, if possible, or 
prepared as necessary for the employee's information and use.
    Employees who will operate powered platforms with intermittent 
stabilization systems should receive instruction in the specific ascent 
and descent procedures involving the assembly and disassembly of the 
stabilizer ties.
    An acceptable training program should also include employee 
instruction in basic inspection procedures for the purpose of 
determining the need for repair and replacement of platform equipment. 
In addition, the program should cover the inspection, care and use of 
the personal fall protection equipment required in paragraph (j)(1) of 
the standard.
    In addition, the training program should also include emergency 
action plan elements. OSHA brochure 1B3088 (Rev.) 1985, ``How to 
Prepare for Workplace Emergencies,'' details the basic steps needed to 
prepare to handle emergencies in the workplace.
    Following the completion of a training program, the employee should 
be required to demonstrate competency in operating the equipment safely. 
Supplemental training of the employee should be provided by the 
employer, as necessary, if the equipment used or other working 
conditions should change.
    An employee who is required to work with chemical products on a 
platform should receive training in proper cleaning procedures, and in 
the hazards, care and handling of these products. In addition, the 
employee should be supplied with the appropriate personal protective 
equipment, such as gloves and eye and face protection.
    11. Suspension and Securing of Powered Platforms (Equivalency). One 
acceptable method of demonstrating the equivalency of a method of 
suspending or securing a powered platform, as required in paragraphs 
(e)(2)(iii), (f)(3) and (f)(5)(i)(F), is to provide an engineering 
analysis by a registered professional engineer. The analysis should 
demonstrate that the proposed method will provide an equal or greater 
degree of safety for employees than any one of the methods specified in 
the standard.

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

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

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[GRAPHIC] [TIFF OMITTED] TC27OC91.012


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[GRAPHIC] [TIFF OMITTED] TC27OC91.013


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[GRAPHIC] [TIFF OMITTED] TC27OC91.014


[[Page 177]]



                  Appendix C to Sec. 1910.66 [Reserved]

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

                           Use of the Appendix

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

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

    (a) Definitions applicable to this appendix--(1) Angulated roping. A 
system of platform suspension in which the upper wire rope sheaves or 
suspension points are closer to the plane of the building face than the 
corresponding attachment points on the platform, thus causing the 
platform to press against the face of the building during its vertical 
travel.
    (2) ANSI. American National Standards Institute.
    (3) Babbitted fastenings. The method of providing wire rope 
attachments in which the ends of the wire strands are bent back and are 
held in a tapered socket by means of poured molten babbitt metal.
    (4) Brake--disc type. A brake in which the holding effect is 
obtained by frictional resistance between one or more faces of discs 
keyed to the rotating member to be held and fixed discs keyed to the 
stationary or housing member (pressure between the discs being applied 
axially).
    (5) Brake--self-energizing band type. An essentially undirectional 
brake in which the holding effect is obtained by the snubbing action of 
a flexible band wrapped about a cylindrical wheel or drum affixed to the 
rotating member to be held, the connections and linkages being so 
arranged that the motion of the brake wheel or drum will act to increase 
the tension or holding force of the band.
    (6) Brake--shoe type. A brake in which the holding effect is 
obtained by applying the direct pressure of two or more segmental 
friction elements held to a stationary member against a cylindrical 
wheel or drum affixed to the rotating member to be held.
    (7) Building face rollers. A specialized form of guide roller 
designed to contact a portion of the outer face or wall structure of the 
building, and to assist in stabilizing the operators' platform during 
vertical travel.
    (8) Continuous pressure. Operation by means of buttons or switches, 
any one of which may be used to control the movement of the working 
platform or roof car, only as long as the button or switch is manually 
maintained in the actuating position.
    (9) Control. A system governing starting, stopping, direction, 
acceleration, speed, and retardation of moving members.
    (10) Controller. A device or group of devices, usually contained in 
a single enclosure, which serves to control in some predetermined manner 
the apparatus to which it is connected.
    (11) Electrical ground. A conducting connection between an 
electrical circuit or equipment and the earth, or some conducting body 
which serves in place of the earth.
    (12) Guide roller. A rotating, bearing-mounted, generally 
cylindrical member, operating separately or as part of a guide shoe 
assembly, attached to the platform, and providing rolling contact with 
building guideways, or other building contact members.
    (13) Guide shoe. An assembly of rollers, slide members, or the 
equivalent, attached as a unit to the operators' platform, and designed 
to engage with the building members provided for the vertical guidance 
of the operators' platform.
    (14) Interlock. A device actuated by the operation of some other 
device with which it is directly associated, to govern succeeding 
operations of the same or allied devices.
    (15) Operating device. A pushbutton, lever, or other manual device 
used to actuate a control.
    (16) Powered platform. Equipment to provide access to the exterior 
of a building for maintenance, consisting of a suspended power-operated 
working platform, a roof car, or other suspension means, and the 
requisite operating and control devices.
    (17) Rated load. The combined weight of employees, tools, equipment, 
and other material which the working platform is designed and installed 
to lift.
    (18) Relay, direction. An electrically energized contactor 
responsive to an initiating control circuit, which in turn causes a 
moving member to travel in a particular direction.
    (19) Relay, potential for vertical travel. An electrically energized 
contactor responsive to initiating control circuit, which in turn 
controls the operation of a moving member in both directions. This relay 
usually operates in conjunction with direction relays, as covered under 
the definition, ``relay, direction.''
    (20) Roof car. A structure for the suspension of a working platform, 
providing for its horizontal movement to working positions.
    (21) Roof-powered platform. A powered platform having the raising 
and lowering mechanism located on a roof car.

[[Page 178]]

    (22) Self-powered platform. A powered platform having the raising 
and lowering mechanism located on the working platform.
    (23) Traveling cable. A cable made up of electrical or communication 
conductors or both, and providing electrical connection between the 
working platform and the roof car or other fixed point.
    (24) Weatherproof. Equipment so constructed or protected that 
exposure to the weather will not interfere with its proper operation.
    (25) Working platform. The suspended structure arranged for vertical 
travel which provides access to the exterior of the building or 
structure.
    (26) Yield point. The stress at which the material exhibits a 
permanent set of 0.2 percent.
    (27) Zinced fastenings. The method of providing wire rope 
attachments in which the splayed or fanned wire ends are held in a 
tapered socket by means of poured molten zinc.
    (b) General requirements. (1) Design requirements. All powered 
platform installations for exterior building maintenance completed as of 
August 27, 1971, but no later than [insert date, 180 days after the 
effective date], shall meet all of the design, construction and 
installation requirements of part II and III of the ``American National 
Standard Safety Requirements for Powered Platforms for Exterior Building 
Maintenance ANSI A120.1-1970'' and of this appendix. References shall be 
made to appropriate parts of ANSI A120.1-1970 for detail specifications 
for equipment and special installations.
    (2) Limitation. The requirements of this appendix apply only to 
electric powered platforms. It is not the intent of this appendix to 
prohibit the use of other types of power. Installation of powered 
platforms using other types of power is permitted, provided such 
platforms have adequate protective devices for the type of power used, 
and otherwise provide for reasonable safety of life and limb to users of 
equipment and to others who may be exposed.
    (3) Types of powered platforms. (i) For the purpose of applying this 
appendix, powered platforms are divided into two basic types, Type F and 
Type T.
    (ii) Powered platforms designated as Type F shall meet all the 
requirements in part II of ANSI A 120.1-1970, American National Standard 
Safety Requirements for Powered Platforms for Exterior Building 
Maintenance. A basic requirement of Type F equipment is that the work 
platform is suspended by at least four wire ropes and designed so that 
failure of any one wire rope will not substantially alter the normal 
position of the working platform. Another basic requirement of Type F 
equipment is that only one layer of hoisting rope is permitted on 
winding drums. Type F powered platforms may be either roof-powered or 
self-powered.
    (iii) Powered platforms designated as Type T shall meet all the 
requirements in part III of ANSI A120.1-1970 American National Standard 
Safety Requirements for Powered Platforms for Exterior Building 
Maintenance, except for section 28, Safety Belts and Life Lines. A basic 
requirement of Type T equipment is that the working platform is 
suspended by at least two wire ropes. Failure of one wire rope would not 
permit the working platform to fall to the ground, but would upset its 
normal position. Type T powered platforms may be either roof-powered or 
self-powered.
    (iv) The requirements of this section apply to powered platforms 
with winding drum type hoisting machines. It is not the intent of this 
section to prohibit powered platforms using other types of hoisting 
machines such as, but not limited to, traction drum hoisting machines, 
air powered machines, hydraulic powered machines, and internal 
combustion machines. Installation of powered platforms with other types 
of hoisting machines is permitted, provided adequate protective devices 
are used, and provided reasonable safety of life and limb to users of 
the equipment and to others who may be exposed is assured.
    (v) Both Type F and Type T powered platforms shall comply with the 
requirements of appendix C of this standard.
    (c) Type F powered platforms--(1) Roof car, general. (i) A roof car 
shall be provided whenever it is necessary to move the working platform 
horizontally to working or storage positions.
    (ii) The maximum rated speed at which a power traversed roof car may 
be moved in a horizontal direction shall be 50 feet per minute.
    (2) Movement and positioning of roof car. (i) Provision shall be 
made to protect against having the roof car leave the roof or enter roof 
areas not designed for travel.
    (ii) The horizontal motion of the roof cars shall be positively 
controlled so as to insure proper movement and positioning of the roof 
car.
    (iii) Roof car positioning devices shall be provided to insure that 
the working platform is placed and retained in proper position for 
vertical travel and during storage.
    (iv) Mechanical stops shall be provided to prevent the traversing of 
the roof car beyond its normal limits of travel. Such stops shall be 
capable of withstanding a force equal to 100 percent of the inertial 
effect of the roof car in motion with traversing power applied.
    (v)(a) The operating device of a power-operated roof car for 
traversing shall be located on the roof car, the working platform, or 
both, and shall be of the continuous pressure weather-proof electric 
type. If more than one operating device is provided, they

[[Page 179]]

shall be so arranged that traversing is possible only from one operating 
device at a time.
    (b) The operating device shall be so connected that it is not 
operable until:
    (1) The working platform is located at its uppermost position of 
travel and is not in contact with the building face or fixed vertical 
guides in the face of the building; and
    (2) All protective devices and interlocks are in a position for 
traversing.
    (3) Roof car stability. Roof car stability shall be determined by 
either paragraph (c)(3) (i) or (ii) of this appendix, whichever is 
greater.
    (i) The roof car shall be continuously stable, considering 
overturning moment as determined by 125 percent rated load, plus maximum 
dead load and the prescribed wind loading.
    (ii) The roof car and its anchorages shall be capable of resisting 
accidental over-tensioning of the wire ropes suspending the working 
platform and this calculated value shall include the effect of one and 
one-half times the value. For this calculation, the simultaneous effect 
of one-half wind load shall be included, and the design stresses shall 
not exceed those referred to in paragraph (b)(1) of this appendix.
    (iii) If the load on the motors is at any time in excess of three 
times that required for lifting the working platform with its rated load 
the motor shall stall.
    (4) Access to the roof car. Safe access to the roof car and from the 
roof car to the working platform shall be provided. If the access to the 
roof car at any point of its travel is not over the roof area or where 
otherwise necessary for safety, then self-closing, self-locking gates 
shall be provided. Access to and from roof cars must comply with the 
requirements of subpart D of this part.
    (5) Means for maintenance, repair, and storage. Means shall be 
provided to run the roof car away from the roof perimeter, where 
necessary, and to provide a safe area for maintenance, repairs, and 
storage. Provisions shall be made to secure the machine in the stored 
position. For stored machines subject to wind forces, see special design 
and anchorage requirements for ``wind forces'' in part II, section 
10.5.1.1 of ANSI A120.1-1970 American National Standard Safety 
Requirements for Powered Platforms for Exterior Building Maintenance.
    (6) General requirements for working platforms. The working platform 
shall be of girder or truss construction and shall be adequate to 
support its rated load under any position of loading, and comply with 
the provisions set forth in section 10 of ANSI A120.1-1970, American 
National Standard Safety Requirements for Powered Platforms for Exterior 
Building Maintenance.
    (7) Load rating plate. Each working platform shall bear a 
manufacturer's load rating plate, conspicuously posted; stating the 
maximum permissible rated load. Load rating plates shall be made of 
noncorrosive material and shall have letters and figures stamped, 
etched, or cast on the surface. The minimum height of the letters and 
figures shall be one-fourth inch.
    (8) Minimum size. The working platform shall have a minimum net 
width of 24 inches.
    (9) Guardrails. Working platforms shall be furnished with permanent 
guard rails not less than 36 inches high, and not more than 42 inches 
high at the front (building side). At the rear, and on the sides, the 
rail shall not be less than 42 inches high. An intermediate guardrail 
shall be provided around the entire platform between the top guardrail 
and the toeboard.
    (10) Toeboards. A four-inch toeboard shall be provided along all 
sides of the working platform.
    (11) Open spaces between guardrails and toeboards. The spaces 
between the intermediate guardrail and platform toeboard on the building 
side of the working platform, and between the top guardrail and the 
toeboard on other sides of the platform, shall be filled with metalic 
mesh or similar material that will reject a ball one inch in diameter. 
The installed mesh shall be capable of withstanding a load of 100 pounds 
applied horizontally over any area of 144 square inches. If the space 
between the platform and the building face does not exceed eight inches, 
and the platform is restrained by guides, the mesh may be omitted on the 
front side.
    (12) Flooring. The platform flooring shall be of the nonskid type, 
and if of open construction, shall reject a \9/16\-inch diameter ball, 
or be provided with a screen below the floor to reject a \9/16\-inch 
diameter ball.
    (13) Access gates. Where access gates are provided, they shall be 
self-closing and self-locking.
    (14) Operating device for vertical movement of the working platform. 
(i) The normal operating device for the working platform shall be 
located on the working platform and shall be of the continuous pressure 
weatherproof electric type.
    (ii) The operating device shall be operable only when all electrical 
protective devices and interlocks on the working platform are in 
position for normal service and, the roof car, if provided, is at an 
established operating point.
    (15) Emergency electric operative device. (i) In addition, on roof-
powered platforms, an emergency electric operating device shall be 
provided near the hoisting machine for use in the event of failure of 
the normal operating device for the working platform, or failure of the 
traveling cable system. The

[[Page 180]]

emergency operating device shall be mounted in a locked compartment and 
shall have a legend mounted thereon reading: ``For Emergency Operation 
Only. Establish Communication With Personnel on Working Platform Before 
Use.''
    (ii) A key for unlocking the compartment housing the emergency 
operating device shall be mounted in a break-glass receptacle located 
near the emergency operating device.
    (16) Manual cranking for emergency operation. Emergency operation of 
the main drive machine may be provided to allow manual cranking. This 
provision for manual operation shall be designed so that not more than 
two persons will be required to perform this operation. The access to 
this provision shall include a means to automatically make the machine 
inoperative electrically while under the emergency manual operation. The 
design shall be such that the emergency brake is operative at or below 
governor tripping speed during manual operation.
    (17) Arrangement and guarding of hoisting equipment. (i) Hoisting 
equipment shall consist of a power-driven drum or drum contained in the 
roof car (roof-powered platforms) or contained on the working platform 
(self-powered platform).
    (ii) The hoisting equipment shall be power-operated in both up and 
down directions.
    (iii) Guard or other protective devices shall be installed wherever 
rotating shafts or other mechanisms or gears may expose personnel to a 
hazard.
    (iv) Friction devices or clutches shall not be used for connecting 
the main driving mechanism to the drum or drums. Belt or chain-driven 
machines are prohibited.
    (18) Hoisting motors. (i) Hoisting motors shall be electric and of 
weather-proof construction.
    (ii) Hoisting motors shall be in conformance with applicable 
provisions of paragraph (c)(22) of this appendix, Electric Wiring and 
Equipment.
    (iii) Hoisting motors shall be directly connected to the hoisting 
machinery. Motor couplings, if used, shall be of steel construction.
    (19) Brakes. The hoisting machine(s) shall have two independent 
braking means, each designed to stop and hold the working platform with 
125 percent of rated load.
    (20) Hoisting ropes and rope connections. (i) Working platforms 
shall be suspended by wire ropes of either 6  x  19 or 6  x  37 
classification, preformed or nonpreformed.
    (ii) [Reserved]
    (iii) The minimum factor of safety shall be 10, and shall be 
calculated by the following formula:

F = S  x  N/W

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

    (iv) Hoisting ropes shall be sized to conform with the required 
factor of safety, but in no case shall the size be less than \5/16\ inch 
diameter.
    (v) Winding drums shall have at least three turns of rope remaining 
when the platform has landed at the lowest possible point of its travel.
    (vi) The lengthening or repairing of wire rope by the joining of two 
or more lengths is prohibited.
    (vii) The nondrum ends of the hoisting ropes shall be provided with 
individual shackle rods which will permit individual adjustment of rope 
lengths, if required.
    (viii) More than two reverse bends in each rope is prohibited.
    (21) Rope tag data. (i) A metal data tag shall be securely attached 
to one of the wire rope fastenings. This data tag shall bear the 
following wire rope data:
    (a) The diameter in inches.
    (b) Construction classification.
    (c) Whether nonpreformed or preformed.
    (d) The grade of material used.
    (e) The manufacturer's rated breaking strength.
    (f) Name of the manufacturer of the rope.
    (g) The month and year the ropes were installed.
    (22) Electrical wiring and equipment. (i) All electrical equipment 
and wiring shall conform to the requirements of subpart S of this Part, 
except as modified by ANSI A120.1--1970 ``American National Standard 
Safety Requirements for Powered Platforms for Exterior Building 
Maintenance'' (see Sec. 1910.6). For detail design specifications for 
electrical equipment, see part 2, ANSI A120.1-1970.
    (ii) All motors and operation and control equipment shall be 
supplied from a single power source.
    (iii) The power supply for the powered platform shall be an 
independent circuit supplied through a fused disconnect switch.
    (iv) Electrical conductor parts of the power supply system shall be 
protected against accidental contact.
    (v) Electrical grounding shall be provided.
    (a) Provisions for electrical grounding shall be included with the 
power-supply system.
    (b) Controller cabinets, motor frames, hoisting machines, the 
working platform, roof car and roof car track system, and noncurrent 
carrying parts of electrical equipment, where provided, shall be 
grounded.
    (c) The controller, where used, shall be so designed and installed 
that a single ground or short circuit will not prevent both the

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normal and final stopping device from stopping the working platform.
    (d) Means shall be provided on the roof car and working platform for 
grounding portable electric tools.
    (e) The working platform shall be grounded through a grounding 
connection in a traveling cable. Electrically powered tools utilized on 
the working platform shall be grounded.
    (vi) Electrical receptacles located on the roof or other exterior 
location shall be of a weatherproof type and shall be located so as not 
to be subject to contact with water or accumulated snow. The receptacles 
shall be grounded and the electric cable shall include a grounding 
conductor. The receptacle and plug shall be a type designed to avoid 
hazard to persons inserting or withdrawing the plug. Provision shall be 
made to prevent application of cable strain directly to the plug and 
receptacle.
    (vii) Electric runway conductor systems shall be of the type 
designed for use in exterior locations and shall be located so as not to 
be subject to contact with water or accumulated snow. The conductors, 
collectors, and disconnecting means shall conform to the same 
requirements as those for cranes and hoists in subpart S of this Part. A 
grounded conductor shall parallel the power conductors and be so 
connected that it cannot be opened by the disconnecting means. The 
system shall be designed to avoid hazard to persons in the area.
    (viii) Electrical protective devices and interlocks of the 
weatherproof type shall be provided.
    (ix) Where the installation includes a roof car, electric contact(s) 
shall be provided and so connected that the operating devices for the 
working platform shall be operative only when the roof car is located 
and mechanically retained at an established operating point.
    (x) Where the powered platform includes a powered-operated roof car, 
the operating device for the roof car shall be inoperative when the roof 
car is mechanically retained at an established operating point.
    (xi) An electric contact shall be provided and so connected that it 
will cause the down direction relay for vertical travel to open if the 
tension in the traveling cable exceeds safe limits.
    (xii) An automatic overload device shall be provided to cut off the 
electrical power to the circuit in all hoisting motors for travel in the 
up direction, should the load applied to the hoisting ropes at either 
end of the working platform exceed 125 percent of its normal tension 
with rated load, as shown on the manufacturer's data plate on the 
working platform.
    (xiii) An automatic device shall be provided for each hoisting rope 
which will cut off the electrical power to the hoisting motor or motors 
in the down direction and apply the brakes if any hoisting rope becomes 
slack.
    (xiv) Upper and lower directional limit devices shall be provided to 
prevent the travel of the working platform beyond the normal upper and 
lower limits of travel.
    (xv) Operation of a directional limit device shall prevent further 
motion in the appropriate direction, if the normal limit of travel has 
been reached.
    (xvi) Directional limit devices, if driven from the hoisting machine 
by chains, tapes, or cables, shall incorporate a device to disconnect 
the electric power from the hoisting machine and apply both the primary 
and secondary brakes in the event of failure of the driving means.
    (xvii) Final terminal stopping devices of the working platform:
    (a) Final terminal stopping devices for the working platform shall 
be provided as a secondary means of preventing the working platform from 
over-traveling at the terminals.
    (b) The device shall be set to function as close to each terminal 
landing as practical, but in such a way that under normal operating 
conditions it will not function when the working platform is stopped by 
the normal terminal stopping device.
    (c) Operation of the final terminal stopping device shall open the 
potential relay for vertical travel, thereby disconnecting the electric 
power from the hoisting machine, and applying both the primary and 
secondary brakes.
    (d) The final terminal stopping device for the upper limit of travel 
shall be mounted so that it is operated directly by the motion of the 
working platform itself.
    (xviii) Emergency stop switches shall be provided in or adjacent to 
each operating device.
    (xix) Emergency stop switches shall:
    (a) Have red operating buttons or handles.
    (b) Be conspicuously and permanently marked ``Stop.''
    (c) Be the manually opened and manually closed type.
    (d) Be positively opened with the opening not solely dependent on 
springs.
    (xx) The manual operation of an emergency stop switch associated 
with an operating device for the working platform shall open the 
potential relay for vertical travel, thereby disconnecting the electric 
power from the hoisting machine and applying both the primary and 
secondary brakes.
    (xxi) The manual operation of the emergency stop switch associated 
with the operating device for a power-driven roof car shall cause the 
electrical power to the traverse machine to be interrupted, and the 
traverse machine brake to apply.
    (23) Requirements for emergency communications. (i) Communication 
equipment shall be

[[Page 182]]

provided for each powered platform for use in an emergency.
    (ii) Two-way communication shall be established between personnel on 
the roof and personnel on the stalled working platform before any 
emergency operation of the working platform is undertaken by personnel 
on the roof.
    (iii) The equipment shall permit two-way voice communication between 
the working platform and
    (a) Designated personnel continuously available while the powered 
platform is in use; and
    (b) Designated personnel on roof-powered platforms, undertaking 
emergency operation of the working platform by means of the emergency 
operating device located near the hoisting machine.
    (iv) The emergency communication equipment shall be one of the 
following types:
    (a) Telephone connected to the central telephone exchange system; or
    (b) Telephones on a limited system or an approved two-way radio 
system, provided designated personnel are available to receive a message 
during the time the powered platform is in use.
    (d) Type T powered platforms--(1) Roof car. The requirements of 
paragraphs (c)(1) through (c)(5) of this appendix shall apply to Type T 
powered platforms.
    (2) Working platform. The requirements of paragraphs (c)(6) through 
(c)(16) of this appendix apply to Type T powered platforms.
    (i) The working platform shall be suspended by at least two wire 
ropes.
    (ii) The maximum rated speed at which the working platform of self-
powered platforms may be moved in a vertical direction shall not exceed 
35 feet per minute.
    (3) Hoisting equipment. The requirements of paragraphs (c) (17) and 
(18) of this appendix shall apply to Type T powered platforms.
    (4) Brakes. Brakes requirements of paragraph (c)(19) of this 
appendix shall apply.
    (5) Hoisting ropes and rope connections. (i) Paragraphs (c)(20) (i) 
through (vi) and (viii) of this appendix shall apply to Type T powered 
platforms.
    (ii) Adjustable shackle rods in subparagraph (c)(20)(vii) of this 
appendix shall apply to Type T powered platforms, if the working 
platform is suspended by more than two wire ropes.
    (6) Electrical wiring and equipment. (i) The requirements of 
paragraphs (c)(22) (i) through (vi) of this appendix shall apply to Type 
T powered platforms. ``Circuit protection limitation,'' ``powered 
platform electrical service system,'' all operating services and control 
equipment shall comply with the specifications contained in part 2, 
section 26, ANSI A120.1-1970.
    (ii) For electrical protective devices the requirements of 
paragraphs (c)(22) (i) through (viii) of this appendix shall apply to 
Type T powered platforms. Requirements for the ``circuit potential 
limitation'' shall be in accordance with specifications contained in 
part 2, section 26, of ANSI A120.1-1970.
    (7) Emergency communications. All the requirements of paragraph 
(c)(23) of this appendix shall apply to Type T powered platforms.

[54 FR 31456, July 28, 1989, as amended at 61 FR 9235, Mar. 7, 1996; 72 
FR 7190, Feb. 14, 2007; 81 FR 82998, Nov. 18, 2016]



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

    (a) Definitions applicable to this section--(1) Aerial device. Any 
vehicle--mounted device, telescoping or articulating, or both, which is 
used to position personnel.
    (2) Aerial ladder. An aerial device consisting of a single- or 
multiple-section extensible ladder.
    (3) Articulating boom platform. An aerial device with two or more 
hinged boom sections.
    (4) Extensible boom platform. An aerial device (except ladders) with 
a telescopic or extensible boom. Telescopic derricks with personnel 
platform attachments shall be considered to be extensible boom platforms 
when used with a personnel platform.
    (5) Insulated aerial device. An aerial device designed for work on 
energized lines and apparatus.
    (6) Mobile unit. A combination of an aerial device, its vehicle, and 
related equipment.
    (7) Platform. Any personnel-carrying device (basket or bucket) which 
is a component of an aerial device.
    (8) Vehicle. Any carrier that is not manually propelled.
    (9) Vertical tower. An aerial device designed to elevate a platform 
in a substantially vertical axis.
    (b) General requirements. (1) Unless otherwise provided in this 
section, aerial devices (aerial lifts) acquired on or after July 1, 
1975, shall be designed and constructed in conformance with the 
applicable requirements of the American National Standard for ``Vehicle 
Mounted Elevating and Rotating Work Platforms,'' ANSI A92.2--1969, 
including appendix, which is incorporated by reference as specified in 
Sec. 1910.6. Aerial lifts acquired for use before July 1, 1975 which do 
not meet the requirements of ANSI A92.2--1969, may not be used after 
July 1, 1976, unless they shall have been

[[Page 183]]

modified so as to conform with the applicable design and construction 
requirements of ANSI A92.2--1969. Aerial devices include the following 
types of vehicle-mounted aerial devices used to elevate personnel to 
jobsites above ground: (i) Extensible boom platforms, (ii) aerial 
ladders, (iii) articulating boom platforms, (iv) vertical towers, and 
(v) a combination of any of the above. Aerial equipment may be made of 
metal, wood, fiberglass reinforced plastic (FRP), or other material; may 
be powered or manually operated; and are deemed to be aerial lifts 
whether or not they are capable of rotating about a substantially 
vertical axis.
    (2) Aerial lifts may be ``field modified'' for uses other than those 
intended by the manufacturer, provided the modification has been 
certified in writing by the manufacturer or by any other equivalent 
entity, such as a nationally recognized testing laboratory, to be in 
conformity with all applicable provisions of ANSI A92.2--1969 and this 
section, and to be at least as safe as the equipment was before 
modification.
    (3) The requirements of this section do not apply to firefighting 
equipment or to the vehicles upon which aerial devices are mounted, 
except with respect to the requirement that a vehicle be a stable 
support for the aerial device.
    (4) For operations near overhead electric lines, see 
Sec. 1910.333(c)(3).
    (c) Specific requirements--(1) Ladder trucks and tower trucks. 
Before the truck is moved for highway travel, aerial ladders shall be 
secured in the lower traveling position by the locking device above the 
truck cab, and the manually operated device at the base of the ladder, 
or by other equally effective means (e.g., cradles which prevent 
rotation of the ladder in combination with positive acting linear 
actuators).
    (2) Extensible and articulating boom platforms. (i) Lift controls 
shall be tested each day prior to use to determine that such controls 
are in safe working condition.
    (ii) Only trained persons shall operate an aerial lift.
    (iii) Belting off to an adjacent pole, structure, or equipment while 
working from an aerial lift shall not be permitted.
    (iv) Employees shall always stand firmly on the floor of the basket, 
and shall not sit or climb on the edge of the basket or use planks, 
ladders, or other devices for a work position.
    (v) A personal fall arrest or travel restraint system that meets the 
requirements in subpart I of this part shall be worn and attached to the 
boom or basket when working from an aerial lift.
    (vi) Boom and basket load limits specified by the manufacturer shall 
not be exceeded.
    (vii) The brakes shall be set and outriggers, when used, shall be 
positioned on pads or a solid surface. Wheel chocks shall be installed 
before using an aerial lift on an incline.
    (viii) An aerial lift truck may not be moved when the boom is 
elevated in a working position with men in the basket, except for 
equipment which is specifically designed for this type of operation in 
accordance with the provisions of paragraphs (b)(1) and (b)(2) of this 
section.
    (ix) Articulating boom and extensible boom platforms, primarily 
designed as personnel carriers, shall have both platform (upper) and 
lower controls. Upper controls shall be in or beside the platform within 
easy reach of the operator. Lower controls shall provide for overriding 
the upper controls. Controls shall be plainly marked as to their 
function. Lower level controls shall not be operated unless permission 
has been obtained from the employee in the lift, except in case of 
emergency.
    (x) Climbers shall not be worn while performing work from an aerial 
lift.
    (xi) The insulated portion of an aerial lift shall not be altered in 
any manner that might reduce its insulating value.
    (xii) Before moving an aerial lift for travel, the boom(s) shall be 
inspected to see that it is properly cradled and outriggers are in 
stowed position, except as provided in paragraph (c)(2)(viii) of this 
section.
    (3) Electrical tests. Electrical tests shall be made in conformance 
with the requirements of ANSI A92.2--1969, Section 5. However, 
equivalent DC voltage tests may be used in lieu of the AC voltage test 
specified in A92.2--1969. DC voltage tests which are approved by the 
equipment manufacturer or equivalent entity shall be considered an

[[Page 184]]

equivalent test for the purpose of this paragraph (c)(3).
    (4) Bursting safety factor. All critical hydraulic and pneumatic 
components shall comply with the provisions of the American National 
Standards Institute standard, ANSI A92.2--1969, Section 4.9 Bursting 
Safety Factor. Critical components are those in which a failure would 
result in a free fall or free rotation of the boom. All noncritical 
components shall have a bursting safety factor of at least two to one.
    (5) ``Welding standards.'' All welding shall conform to the 
following American Welding Society (AWS) Standards which are 
incorporated by reference as specified in Sec. 1910.6, as applicable:
    (i) Standard Qualification Procedure, AWS B3.0--41.
    (ii) Recommended Practices for Automotive Welding Design, AWS D8.4-
61.
    (iii) Standard Qualification of Welding Procedures and Welders for 
Piping and Tubing, AWS D10.9-69.
    (iv) Specifications for Welding Highway and Railway Bridges, AWS 
D2.0-69.

[39 FR 23502, June 27, 1974, as amended at 40 FR 13439, Mar. 26, 1975; 
55 FR 32014, Aug. 6, 1990; 61 FR 9235, Mar. 7, 1996; 79 FR 37190, July 
1, 2014; 81 FR 82999, Nov. 18, 2016]



Sec. 1910.68  Manlifts.

    (a) Definitions applicable to this section--(1) Handhold (Handgrip). 
A handhold is a device attached to the belt which can be grasped by the 
passenger to provide a means of maintaining balance.
    (2) Open type. One which has a handgrip surface fully exposed and 
capable of being encircled by the passenger's fingers.
    (3) Closed type. A cup-shaped device, open at the top in the 
direction of travel of the step for which it is to be used, and closed 
at the bottom, into which the passenger may place his fingers.
    (4) Limit switch. A device, the purpose of which is to cut off the 
power to the motor and apply the brake to stop the carrier in the event 
that a loaded step passes the terminal landing.
    (5) Manlift. A device consisting of a power-driven endless belt 
moving in one direction only, and provided with steps or platforms and 
handholds attached to it for the transportation of personnel from floor 
to floor.
    (6) Rated speed. Rated speed is the speed for which the device is 
designed and installed.
    (7) Split-rail switch. An electric limit switch operated 
mechanically by the rollers on the manlift steps. It consists of an 
additional hinged or ``split'' rail, mounted on the regular guide rail, 
over which the step rollers pass. It is springloaded in the ``split'' 
position. If the step supports no load, the rollers will ``bump'' over 
the switch; if a loaded step should pass over the section, the split 
rail will be forced straight, tripping the switch and opening the 
electrical circuit.
    (8) Step (platform). A step is a passenger carrying unit.
    (9) Travel. The travel is the distance between the centers of the 
top and bottom pulleys.
    (b) General requirements--(1) Application. This section applies to 
the construction, maintenance, inspection, and operation of manlifts in 
relation to accident hazards. Manlifts covered by this section consist 
of platforms or brackets and accompanying handholds mounted on, or 
attached to an endless belt, operating vertically in one direction only 
and being supported by, and driven through pulleys, at the top and 
bottom. These manlifts are intended for conveyance of persons only. It 
is not intended that this section cover moving stairways, elevators with 
enclosed platforms (``Paternoster'' elevators), gravity lifts, nor 
conveyors used only for conveying material. This section applies to 
manlifts used to carry only personnel trained and authorized by the 
employer in their use.
    (2) Purpose. The purpose of this section is to provide reasonable 
safety for life and limb.
    (3) Design requirements. All new manlift installations and equipment 
installed after the effective date of these regulations shall meet the 
design requirements of the ``American National Safety Standard for 
Manlifts ANSI A90.1-1969'', which is incorporated by reference as 
specified in Sec. 1910.6, and the requirements of this section.
    (4) Reference to other codes and subparts. The following codes and 
subparts

[[Page 185]]

of this part are applicable to this section: Safety Code for Mechanical 
Power Transmission Apparatus, ANSI B15.1-1953 (R 1958); Safety Code for 
Fixed Ladders, ANSI A14.3-1956; and subparts D, O, and S. The preceding 
ANSI standards are incorporated by reference as specified in 
Sec. 1910.6.
    (5) Floor openings--(i) Allowable size. Floor openings for both the 
``up'' and ``down'' runs shall be not less than 28 inches nor more than 
36 inches in width for a 12-inch belt; not less than 34 inches nor more 
than 38 inches for a 14-inch belt; and not less than 36 inches nor more 
than 40 inches for a 16-inch belt and shall extend not less than 24 
inches, nor more than 28 inches from the face of the belt.
    (ii) Uniformity. All floor openings for a given manlift shall be 
uniform in size and shall be approximately circular, and each shall be 
located vertically above the opening below it.
    (6) Landing--(i) Vertical clearance. The clearanace between the 
floor or mounting platform and the lower edge for the conical guard 
above it required by subparagraph (7) of this paragraph shall not be 
less than 7 feet 6 inches. Where this clearance cannot be obtained no 
access to the manlift shall be provided and the manlift runway shall be 
enclosed where it passes through such floor.
    (ii) Clear landing space. The landing space adjacent to the floor 
openings shall be free from obstruction and kept clear at all times. 
This landing space shall be at least 2 feet in width from the edge of 
the floor opening used for mounting and dismounting.
    (iii) Lighting and landing. Adequate lighting, not less than 5-foot 
candles, shall be provided at each floor landing at all times when the 
lift is in operation.
    (iv) Landing surface. The landing surfaces at the entrances and 
exits to the manlift shall be constructed and maintained as to provide 
safe footing at all times.
    (v) Emergency landings. Where there is a travel of 50 feet or more 
between floor landings, one or more emergency landings shall be provided 
so that there will be a landing (either floor or emergency) for every 25 
feet or less of manlift travel.
    (a) Emergency landings shall be accessible from both the ``up'' and 
``down'' rungs of the manlift and shall give access to the ladder 
required in subparagraph (12) of this paragraph.
    (b) Emergency landings shall be completely enclosed with a standard 
railing and toeboard.
    (c) Platforms constructed to give access to bucket elevators or 
other equipment for the purpose of inspection, lubrication, and repair 
may also serve as emergency landings under this rule. All such platforms 
will then be considered part of the emergency landing and shall be 
provided with standard railings and toeboards.
    (7) Guards on underside of floor openings--(i) Fixed type. On the 
ascending side of the manlift floor openings shall be provided with a 
bevel guard or cone meeting the following requirements:
    (a) The cone shall make an angle of not less than 45 deg. with the 
horizontal. An angle of 60 deg. or greater shall be used where ceiling 
heights permit.
    (b) The lower edge of this guard shall extend at least 42 inches 
outward from any handhold on the belt. It shall not extend beyond the 
upper surface of the floor above.
    (c) The cone shall be made of not less than No. 18 U.S. gauge sheet 
steel or material of equivalent strength or stiffness. The lower edge 
shall be rolled to a minimum diameter of one-half inch and the interior 
shall be smooth with no rivets, bolts or screws protruding.
    (ii) Floating type. In lieu of the fixed guards specified in 
subdivision (i) of this subparagraph a floating type safety cone may be 
used, such floating cones to be mounted on hinges at least 6 inches 
below the underside of the floor and so constructed as to actuate a 
limit switch should a force of 2 pounds be applied on the edge of the 
cone closest to the hinge. The depth of this floating cone need not 
exceed 12 inches.
    (8) Protection of entrances and exits--(i) Guard rail requirement. 
The entrances and exits at all floor landings affording access to the 
manlift shall be guarded by a maze (staggered railing) or a handrail 
equipped with self-closing gates.

[[Page 186]]

    (ii) Construction. The rails shall be standard guardrails with 
toeboards that meet the requirements in subpart D of this part.
    (iii) Gates. Gates, if used, shall open outward and shall be self-
closing. Corners of gates shall be rounded.
    (iv) Maze. Maze or staggered openings shall offer no direct passage 
between enclosure and outer floor space.
    (v) Except where building layout prevents, entrances at all landings 
shall be in the same relative position.
    (9) Guards for openings--(i) Construction. The floor opening at each 
landing shall be guarded on sides not used for entrance or exit by a 
wall, a railing and toeboard or by panels of wire mesh of suitable 
strength.
    (ii) Height and location. Such rails or guards shall be at least 42 
inches in height on the up-running side and 66 inches on the down-
running side.
    (10) Bottom arrangement--(i) Bottom landing. At the bottom landing 
the clear area shall be not smaller than the area enclosed by the 
guardrails on the floors above, and any wall in front of the down-
running side of the belt shall be not less than 48 inches from the face 
of the belt. This space shall not be encroached upon by stairs or 
ladders.
    (ii) Location of lower pulley. The lower (boot) pulley shall be 
installed so that it is supported by the lowest landing served. The 
sides of the pulley support shall be guarded to prevent contact with the 
pulley or the steps.
    (iii) Mounting platform. A mounting platform shall be provided in 
front or to one side of the uprun at the lowest landing, unless the 
floor level is such that the following requirement can be met: The floor 
or platform shall be at or above the point at which the upper surface of 
the ascending step completes its turn and assumes a horizontal position.
    (iv) Guardrails. To guard against persons walking under a descending 
step, the area on the downside of the manlift shall be guarded in 
accordance with subparagraph (8) of this paragraph. To guard against a 
person getting between the mounting platform and an ascending step, the 
area between the belt and the platform shall be protected by a 
guardrail.
    (11) Top arrangements--(i) Clearance from floor. A top clearance 
shall be provided of at least 11 feet above the top terminal landing. 
This clearance shall be maintained from a plane through each face of the 
belt to a vertical cylindrical plane having a diameter 2 feet greater 
than the diameter of the floor opening, extending upward from the top 
floor to the ceiling on the up-running side of the belt. No encroachment 
of structural or machine supporting members within this space will be 
permitted.
    (ii) Pulley clearance. (a) There shall be a clearance of at least 5 
feet between the center of the head pulley shaft and any ceiling 
obstruction.
    (b) The center of the head pulley shaft shall be not less than 6 
feet above the top terminal landing.
    (iii) Emergency grab rail. An emergency grab bar or rail and 
platform shall be provided at the head pulley when the distance to the 
head pulley is over 6 feet above the top landing, otherwise only a grab 
bar or rail is to be provided to permit the rider to swing free should 
the emergency stops become inoperative.
    (12) Emergency exit ladder. A fixed metal ladder accessible from 
both the ``up'' and ``down'' run of the manlift shall be provided for 
the entire travel of the manlift. Such ladders shall meet the 
requirements in subpart D of this part.
    (13) Superstructure bracing. Manlift rails shall be secured in such 
a manner as to avoid spreading, vibration, and misalinement.
    (14) Illumination--(i) General. Both runs of the manlift shall be 
illuminated at all times when the lift is in operation. An intensity of 
not less than 1-foot candle shall be maintained at all points. (However, 
see subparagraph (6)(iii) of this paragraph for illumination 
requirements at landings.)
    (ii) Control of illumination. Lighting of manlift runways shall be 
by means of circuits permanently tied in to the building circuits (no 
switches), or shall be controlled by switches at each landing. Where 
separate switches are provided at each landing, any switch shall turn on 
all lights necessary to illuminate the entire runway.

[[Page 187]]

    (15) Weather protection. The entire manlift and its driving 
mechanism shall be protected from the weather at all times.
    (c) Mechanical requirements--(1) Machines, general--(i) Brakes. 
Brakes provided for stopping and holding a manlift shall be inherently 
self-engaging, by requiring power or force from an external source to 
cause disengagement. The brake shall be electrically released, and shall 
be applied to the motor shaft for direct-connected units or to the input 
shaft for belt-driven units. The brake shall be capable of stopping and 
holding the manlift when the descending side is loaded with 250 lb on 
each step.
    (ii) Belt. (a) The belts shall be of hard-woven canvas, rubber-
coated canvas, leather, or other material meeting the strength 
requirements of paragraph (b)(3) of this section and having a 
coefficient of friction such that when used in conjunction with an 
adequate tension device it will meet the brake test specified in 
subdivision (i) of this subparagraph.
    (b) The width of the belt shall be not less than 12 inches for a 
travel not exceeding 100 feet, not less than 14 inches for a travel 
greater than 100 feet but not exceeding 150 feet and 16 inches for a 
travel exceeding 150 feet.
    (c) A belt that has become torn while in use on a manlift shall not 
be spliced and put back in service.
    (2) Speed--(i) Maximum speed. No manlift designed for a speed in 
excess of 80 feet per minute shall be installed.
    (ii) [Reserved]
    (3) Platforms or steps--(i) Minimum depth. Steps or platforms shall 
be not less than 12 inches nor more than 14 inches deep, measured from 
the belt to the edge of the step or platform.
    (ii) Width. The width of the step or platform shall be not less than 
the width of the belt to which it is attached.
    (iii) Distance between steps. The distance between steps shall be 
equally spaced and not less than 16 feet measured from the upper surface 
of one step to the upper surface of the next step above it.
    (iv) Angle of step. The surface of the step shall make approximately 
a right angle with the ``up'' and ``down'' run of the belt, and shall 
travel in the approximate horizontal position with the ``up'' and 
``down'' run of the belt.
    (v) Surfaces. The upper or working surfaces of the step shall be of 
a material having inherent nonslip characteristics (coefficient of 
friction not less than 0.5) or shall be covered completely by a nonslip 
tread securely fastened to it.
    (vi) Strength of step supports. When subjected to a load of 400 
pounds applied at the approximate center of the step, step frames, or 
supports and their guides shall be of adequate strength to:
    (a) Prevent the disengagement of any step roller.
    (b) Prevent any appreciable misalinement.
    (c) Prevent any visible deformation of the steps or its support.
    (vii) Prohibition of steps without handholds. No steps shall be 
provided unless there is a corresponding handhold above or below it 
meeting the requirements of paragraph (c)(4) of this section. If a step 
is removed for repairs or permanently, the handholds immediately above 
and below it shall be removed before the lift is again placed in 
service.
    (4) Handholds--(i) Location. Handholds attached to the belt shall be 
provided and installed so that they are not less than 4 feet nor more 
than 4 feet 8 inches above the step tread. These shall be so located as 
to be available on the both ``up'' and ``down'' run of the belt.
    (ii) Size. The grab surface of the handhold shall be not less than 
4\1/2\ inches in width, not less than 3 inches in depth, and shall 
provide 2 inches of clearance from the belt. Fastenings for handholds 
shall be located not less than 1 inch from the edge of the belt.
    (iii) Strength. The handhold shall be capable of withstanding, 
without damage, a load of 300 pounds applied parallel to the run of the 
belt.
    (iv) Prohibition of handhold without steps. No handhold shall be 
provided without a corresponding step. If a handhold is removed 
permanently or temporarily, the corresponding step and handhold for the 
opposite direction of travel shall also be removed before the lift is 
again placed in service.

[[Page 188]]

    (v) Type. All handholds shall be of the closed type.
    (5) Up limit stops--(i) Requirements. Two separate automatic stop 
devices shall be provided to cut off the power and apply the brake when 
a loaded step passes the upper terminal landing. One of these shall 
consist of a split-rail switch mechanically operated by the step roller 
and located not more than 6 inches above the top terminal landing. The 
second automatic stop device may consist of any of the following:
    (a) Any split-rail switch placed 6 inches above and on the side 
opposite the first limit switch.
    (b) An electronic device.
    (c) A switch actuated by a lever, rod, or plate, the latter to be 
placed on the ``up'' side of the head pulley so as to just clear a 
passing step.
    (ii) Manual reset location. After the manlift has been stopped by a 
stop device it shall be necessary to reset the automatic stop manually. 
The device shall be so located that a person resetting it shall have a 
clear view of both the ``up'' and ``down'' runs of the manlift. It shall 
not be possible to reset the device from any step or platform.
    (iii) Cut-off point. The initial limit stop device shall function so 
that the manlift will be stopped before the loaded step has reached a 
point 24 inches above the top terminal landing.
    (iv) Electrical requirements. (a) Where such switches open the main 
motor circuit directly they shall be of the multipole type.
    (b) Where electronic devices are used they shall be so designed and 
installed that failure will result in shutting off the power to the 
driving motor.
    (c) Where flammable vapors or combustible dusts may be present, 
electrical installations shall be in accordance with the requirements of 
subpart S of this part for such locations.
    (d) Unless of the oil-immersed type controller contacts carrying the 
main motor current shall be copper to carbon or equal, except where the 
circuit is broken at two or more points simultaneously.
    (6) Emergency stop--(i) General. An emergency stop means shall be 
provided.
    (ii) Location. This stop means shall be within easy reach of the 
ascending and descending runs of the belt.
    (iii) Operation. This stop means shall be so connected with the 
control lever or operating mechanism that it will cut off the power and 
apply the brake when pulled in the direction of travel.
    (iv) Rope. If rope is used, it shall be not less than three-eights 
inch in diameter. Wire rope, unless marlin-covered, shall not be used.
    (7) Instruction and warning signs--(i) Instruction signs at landings 
or belts. Signs of conspicuous and easily read style giving instructions 
for the use of the manlift shall be posted at each landing or stenciled 
on the belt.
    (a) [Reserved]
    (b) The instructions shall read approximately as follows:

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

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

``TOP FLOOR--GET OFF''


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

[[Page 189]]

    (2) Items covered. This periodic inspection shall cover but is not 
limited to the following items:

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

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

[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978; 
51 FR 34560, Sept. 29, 1986; 54 FR 24334, June 7, 1989; 55 FR 32014, 
Aug. 6, 1990; 61 FR 9235, Mar. 7, 1996; 72 FR 71068, Dec. 14, 2007; 81 
FR 82999, Nov. 18, 2016]



         Subpart G_Occupational Health and Environmental Control

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 
12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 
9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 50017), 5-
2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as 
applicable; and 29 CFR part 1911.



Sec. 1910.94  Ventilation.

    (a) Abrasive blasting--(1) Definitions applicable to this 
paragraph--(i) Abrasive. A solid substance used in an abrasive blasting 
operation.
    (ii) Abrasive-blasting respirator. A respirator constructed so that 
it covers the wearer's head, neck, and shoulders to protect the wearer 
from rebounding abrasive.
    (iii) Blast cleaning barrel. A complete enclosure which rotates on 
an axis, or which has an internal moving tread to tumble the parts, in 
order to expose various surfaces of the parts to the action of an 
automatic blast spray.
    (iv) Blast cleaning room. A complete enclosure in which blasting 
operations are performed and where the operator works inside of the room 
to operate the blasting nozzle and direct the flow of the abrasive 
material.
    (v) Blasting cabinet. An enclosure where the operator stands outside 
and operates the blasting nozzle through an opening or openings in the 
enclosure.
    (vi) Clean air. Air of such purity that it will not cause harm or 
discomfort to an individual if it is inhaled for extended periods of 
time.
    (vii) Dust collector. A device or combination of devices for 
separating dust from the air handled by an exhaust ventilation system.
    (viii) Exhaust ventilation system. A system for removing 
contaminated air from a space, comprising two or more of the following 
elements (a) enclosure or hood, (b) duct work, (c) dust collecting 
equipment, (d) exhauster, and (e) discharge stack.
    (ix) Particulate-filter respirator. An air purifying respirator, 
commonly referred to as a dust or a fume respirator, which removes most 
of the dust or fume from the air passing through the device.
    (x) Respirable dust. Airborne dust in sizes capable of passing 
through the upper respiratory system to reach the lower lung passages.
    (xi) Rotary blast cleaning table. An enclosure where the pieces to 
be cleaned are positioned on a rotating table and are passed 
automatically through a series of blast sprays.
    (xii) Abrasive blasting. The forcible application of an abrasive to 
a surface by pneumatic pressure, hydraulic pressure, or centrifugal 
force.
    (2) Dust hazards from abrasive blasting. (i) Abrasives and the 
surface coatings on the materials blasted are shattered and pulverized 
during blasting operations and the dust formed will contain

[[Page 190]]

particles of respirable size. The composition and toxicity of the dust 
from these sources shall be considered in making an evaluation of the 
potential health hazards.
    (ii) The concentration of respirable dust or fume in the breathing 
zone of the abrasive-blasting operator or any other worker shall be kept 
below the levels specified in Sec. 1910.1000.
    (iii) Organic abrasives which are combustible shall be used only in 
automatic systems. Where flammable or explosive dust mixtures may be 
present, the construction of the equipment, including the exhaust system 
and all electric wiring, shall conform to the requirements of American 
National Standard Installation of Blower and Exhaust Systems for Dust, 
Stock, and Vapor Removal or Conveying, Z33.1-1961 (NFPA 91-1961), which 
is incorporated by reference as specified in Sec. 1910.6, and subpart S 
of this part. The blast nozzle shall be bonded and grounded to prevent 
the build up of static charges. Where flammable or explosive dust 
mixtures may be present, the abrasive blasting enclosure, the ducts, and 
the dust collector shall be constructed with loose panels or explosion 
venting areas, located on sides away from any occupied area, to provide 
for pressure relief in case of explosion, following the principles set 
forth in the National Fire Protection Association Explosion Venting 
Guide, NFPA 68-1954, which is incorporated by reference as specified in 
Sec. 1910.6.
    (3) Blast-cleaning enclosures. (i) Blast-cleaning enclosures shall 
be exhaust ventilated in such a way that a continuous inward flow of air 
will be maintained at all openings in the enclosure during the blasting 
operation.
    (a) All air inlets and access openings shall be baffled or so 
arranged that by the combination of inward air flow and baffling the 
escape of abrasive or dust particules into an adjacent work area will be 
minimized and visible spurts of dust will not be observed.
    (b) The rate of exhaust shall be sufficient to provide prompt 
clearance of the dust-laden air within the enclosure after the cessation 
of blasting.
    (c) Before the enclosure is opened, the blast shall be turned off 
and the exhaust system shall be run for a sufficient period of time to 
remove the dusty air within the enclosure.
    (d) Safety glass protected by screening shall be used in observation 
windows, where hard deep-cutting abrasives are used.
    (e) Slit abrasive-resistant baffles shall be installed in multiple 
sets at all small access openings where dust might escape, and shall be 
inspected regularly and replaced when needed.
    (1) Doors shall be flanged and tight when closed.
    (2) Doors on blast-cleaning rooms shall be operable from both inside 
and outside, except that where there is a small operator access door, 
the large work access door may be closed or opened from the outside 
only.
    (ii) [Reserved]
    (4) Exhaust ventilation systems. (i) The construction, installation, 
inspection, and maintenance of exhaust systems shall conform to the 
principles and requirements set forth in American National Standard 
Fundamentals Governing the Design and Operation of Local Exhaust 
Systems, Z9.2-1960, and ANSI Z33.1-1961, which is incorporated by 
reference as specified in Sec. 1910.6.
    (a) When dust leaks are noted, repairs shall be made as soon as 
possible.
    (b) The static pressure drop at the exhaust ducts leading from the 
equipment shall be checked when the installation is completed and 
periodically thereafter to assure continued satisfactory operation. 
Whenever an appreciable change in the pressure drop indicates a partial 
blockage, the system shall be cleaned and returned to normal operating 
condition.
    (ii) In installations where the abrasive is recirculated, the 
exhaust ventilation system for the blasting enclosure shall not be 
relied upon for the removal of fines from the spent abrasive instead of 
an abrasive separator. An abrasive separator shall be provided for the 
purpose.
    (iii) The air exhausted from blast-cleaning equipment shall be 
discharged through dust collecting equipment. Dust collectors shall be 
set up so that the accumulated dust can be emptied and removed without 
contaminating other working areas.
    (5) Personal protective equipment. (i) Employers must use only 
respirators

[[Page 191]]

approved by the National Institute for Occupational Safety and Health 
(NIOSH) under 42 CFR part 84 to protect employees from dusts produced 
during abrasive-blasting operations.
    (ii) Abrasive-blasting respirators shall be worn by all abrasive-
blasting operators:
    (a) When working inside of blast-cleaning rooms, or
    (b) When using silica sand in manual blasting operations where the 
nozzle and blast are not physically separated from the operator in an 
exhaust ventilated enclosure, or
    (c) Where concentrations of toxic dust dispersed by the abrasive 
blasting may exceed the limits set in Sec. 1910.1000 and the nozzle and 
blast are not physically separated from the operator in an exhaust-
ventilated enclosure.
    (iii) Properly fitted particulate-filter respirators, commonly 
referred to as dust-filter respirators, may be used for short, 
intermittent, or occasional dust exposures such as cleanup, dumping of 
dust collectors, or unloading shipments of sand at a receiving point 
when it is not feasible to control the dust by enclosure, exhaust 
ventilation, or other means. The respirators used must be approved by 
NIOSH under 42 CFR part 84 for protection against the specific type of 
dust encountered.
    (a) Dust-filter respirators may be used to protect the operator of 
outside abrasive-blasting operations where nonsilica abrasives are used 
on materials having low toxicities.
    (b) Dust-filter respirators shall not be used for continuous 
protection where silica sand is used as the blasting abrasive, or toxic 
materials are blasted.
    (iv) For employees who use respirators required by this section, the 
employer must implement a respiratory protection program in accordance 
with 29 CFR 1910.134.
    (v) Operators shall be equipped with heavy canvas or leather gloves 
and aprons or equivalent protection to protect them from the impact of 
abrasives. Safety shoes shall be worn to protect against foot injury 
where heavy pieces of work are handled.
    (a) Protective footwear must comply with the requirements specified 
by 29 CFR 1910.136(b)(1).
    (b) Equipment for protection of the eyes and face shall be supplied 
to the operator when the respirator design does not provide such 
protection and to any other personnel working in the vicinity of 
abrasive blasting operations. This equipment shall conform to the 
requirements of Sec. 1910.133.
    (6) Air supply and air compressors. Air for abrasive-blasting 
respirators must be free of harmful quantities of dusts, mists, or 
noxious gases, and must meet the requirements for supplied-air quality 
and use specified in 29 CFR 1910.134(i).
    (7) Operational procedures and general safety. Dust shall not be 
permitted to accumulate on the floor or on ledges outside of an 
abrasive-blasting enclosure, and dust spills shall be cleaned up 
promptly. Aisles and walkways shall be kept clear of steel shot or 
similar abrasive which may create a slipping hazard.
    (8) Scope. This paragraph (a) applies to all operations where an 
abrasive is forcibly applied to a surface by pneumatic or hydraulic 
pressure, or by centrifugal force. It does not apply to steam blasting, 
or steam cleaning, or hydraulic cleaning methods where work is done 
without the aid of abrasives.
    (b) Grinding, polishing, and buffing operations--(1) Definitions 
applicable to this paragraph--(i) Abrasive cutting-off wheels. Organic-
bonded wheels, the thickness of which is not more than one forty-eighth 
of their diameter for those up to, and including, 20 inches in diameter, 
and not more than one-sixtieth of their diameter for those larger than 
20 inches in diameter, used for a multitude of operations variously 
known as cutting, cutting off, grooving, slotting, coping, and jointing, 
and the like. The wheels may be ``solid'' consisting of organic-bonded 
abrasive material throughout, ``steel centered'' consisting of a steel 
disc with a rim of organic-bonded material moulded around the periphery, 
or of the ``inserted tooth'' type consisting of a steel disc with 
organic-bonded abrasive teeth or inserts mechanically secured around the 
periphery.
    (ii) Belts. All power-driven, flexible, coated bands used for 
grinding, polishing, or buffing purposes.

[[Page 192]]

    (iii) Branch pipe. The part of an exhaust system piping that is 
connected directly to the hood or enclosure.
    (iv) Cradle. A movable fixture, upon which the part to be ground or 
polished is placed.
    (v) Disc wheels. All power-driven rotatable discs faced with 
abrasive materials, artificial or natural, and used for grinding or 
polishing on the side of the assembled disc.
    (vi) Entry loss. The loss in static pressure caused by air flowing 
into a duct or hood. It is usually expressed in inches of water gauge.
    (vii) Exhaust system. A system consisting of branch pipes connected 
to hoods or enclosures, one or more header pipes, an exhaust fan, means 
for separating solid contaminants from the air flowing in the system, 
and a discharge stack to outside.
    (viii) Grinding wheels. All power-driven rotatable grinding or 
abrasive wheels, except disc wheels as defined in this standard, 
consisting of abrasive particles held together by artificial or natural 
bonds and used for peripheral grinding.
    (ix) Header pipe (main pipe). A pipe into which one or more branch 
pipes enter and which connects such branch pipes to the remainder of the 
exhaust system.
    (x) Hoods and enclosures. The partial or complete enclosure around 
the wheel or disc through which air enters an exhaust system during 
operation.
    (xi) Horizontal double-spindle disc grinder. A grinding machine 
carrying two power-driven, rotatable, coaxial, horizontal spindles upon 
the inside ends of which are mounted abrasive disc wheels used for 
grinding two surfaces simultaneously.
    (xii) Horizontal single-spindle disc grinder. A grinding machine 
carrying an abrasive disc wheel upon one or both ends of a power-driven, 
rotatable single horizontal spindle.
    (xiii) Polishing and buffing wheels. All power-driven rotatable 
wheels composed all or in part of textile fabrics, wood, felt, leather, 
paper, and may be coated with abrasives on the periphery of the wheel 
for purposes of polishing, buffing, and light grinding.
    (xiv) Portable grinder. Any power-driven rotatable grinding, 
polishing, or buffing wheel mounted in such manner that it may be 
manually manipulated.
    (xv) Scratch brush wheels. All power-driven rotatable wheels made 
from wire or bristles, and used for scratch cleaning and brushing 
purposes.
    (xvi) Swing-frame grinder. Any power-driven rotatable grinding, 
polishing, or buffing wheel mounted in such a manner that the wheel with 
its supporting framework can be manipulated over stationary objects.
    (xvii) Velocity pressure (vp). The kinetic pressure in the direction 
of flow necessary to cause a fluid at rest to flow at a given velocity. 
It is usually expressed in inches of water gauge.
    (xviii) Vertical spindle disc grinder. A grinding machine having a 
vertical, rotatable power-driven spindle carrying a horizontal abrasive 
disc wheel.
    (2) Application. Wherever dry grinding, dry polishing or buffing is 
performed, and employee exposure, without regard to the use of 
respirators, exceeds the permissible exposure limits prescribed in 
Sec. 1910.1000 or other sections of this part, a local exhaust 
ventilation system shall be provided and used to maintain employee 
exposures within the prescribed limits.
    (3) Hood and branch pipe requirements. (i) Hoods connected to 
exhaust systems shall be used, and such hoods shall be designed, 
located, and placed so that the dust or dirt particles shall fall or be 
projected into the hoods in the direction of the air flow. No wheels, 
discs, straps, or belts shall be operated in such manner and in such 
direction as to cause the dust and dirt particles to be thrown into the 
operator's breathing zone.
    (ii) Grinding wheels on floor stands, pedestals, benches, and 
special-purpose grinding machines and abrasive cutting-off wheels shall 
have not less than the minimum exhaust volumes shown in Table G-4 with a 
recommended minimum duct velocity of 4,500 feet per minute in the branch 
and 3,500 feet per minute in the main. The entry losses from all hoods 
except the vertical-spindle disc grinder hood, shall equal 0.65 velocity 
pressure for a straight takeoff and 0.45 velocity pressure for a tapered 
takeoff. The entry loss for the vertical-spindle disc grinder hood is 
shown in figure G-1 (following Sec. 1910.94(b)).

[[Page 193]]



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


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

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

4.5  4  x  610 = 686 (rounded to 690).

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

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

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

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

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

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

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

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

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

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

    (viii) Cradles and swing-frame grinders. Where cradles are used for 
handling the parts to be ground, polished, or buffed, requiring large 
partial enclosures to house the complete operation, a minimum average 
air velocity of 150 feet per minute shall be maintained over the entire 
opening of the enclosure. Swing-frame grinders shall also

[[Page 194]]

be exhausted in the same manner as provided for cradles. (See fig. G-3)
    (ix) Where the work is outside the hood, air volumes must be 
increased as shown in American Standard Fundamentals Governing the 
Design and Operation of Local Exhaust Systems, Z9.2-1960 (section 4, 
exhaust hoods).
    (4) Exhaust systems. (i) Exhaust systems for grinding, polishing, 
and buffing operations should be designed in accordance with American 
Standard Fundamentals Governing the Design and Operation of Local 
Exhaust Systems, Z9.2-1960.
    (ii) Exhaust systems for grinding, polishing, and buffing operations 
shall be tested in the manner described in American Standard 
Fundamentals Governing the Design and Operation of Local Exhaust 
Systems, Z9.2-1960.
    (iii) All exhaust systems shall be provided with suitable dust 
collectors.
    (5) Hood and enclosure design. (i)(a) It is the dual function of 
grinding and abrasive cutting-off wheel hoods to protect the operator 
from the hazards of bursting wheels, as well as to provide a means for 
the removal of dust and dirt generated. All hoods shall be not less in 
structural strength than specified in Tables O-1 and O-9 of 
Sec. 1910.215.
    (b) Due to the variety of work and types of grinding machines 
employed, it is necessary to develop hoods adaptable to the particular 
machine in question, and such hoods shall be located as close as 
possible to the operation.
    (ii) Exhaust hoods for floor stands, pedestals, and bench grinders 
shall be designed in accordance with figure G-2. The adjustable tongue 
shown in the figure shall be kept in working order and shall be adjusted 
within one-fourth inch of the wheel periphery at all times.
    (iii) Swing-frame grinders shall be provided with exhaust booths as 
indicated in figure G-3.
    (iv) Portable grinding operations, whenever the nature of the work 
permits, shall be conducted within a partial enclosure. The opening in 
the enclosure shall be no larger than is actually required in the 
operation and an average face air velocity of not less than 200 feet per 
minute shall be maintained.
    (v) Hoods for polishing and buffing and scratch-brush wheels shall 
be constructed to conform as closely to figure G-4 as the nature of the 
work will permit.
    (vi) Cradle grinding and polishing operations shall be performed 
within a partial enclosure similar to figure G-5. The operator shall be 
positioned outside the working face of the opening of the enclosure. The 
face opening of the enclosure should not be any greater in area than 
that actually required for the performance of the operation and the 
average air velocity into the working face of the enclosure shall not be 
less than 150 feet per minute.
    (vii) Hoods for horizontal single-spindle disc grinders shall be 
constructed to conform as closely as possible to the hood shown in 
figure G-6. It is essential that there be a space between the back of 
the wheel and the hood, and a space around the periphery of the wheel of 
at least 1 inch in order to permit the suction to act around the wheel 
periphery. The opening on the side of the disc shall be no larger than 
is required for the grinding operation, but must never be less than 
twice the area of the branch outlet.
    (viii) Horizontal double-spindle disc grinders shall have a hood 
encircling the wheels and grinding chamber similar to that illustrated 
in figure G-7. The openings for passing the work into the grinding 
chamber should be kept as small as possible, but must never be less than 
twice the area of the branch outlets.
    (ix) Vertical-spindle disc grinders shall be encircled with a hood 
so constructed that the heavy dust is drawn off a surface of the disc 
and the lighter dust exhausted through a continuous slot at the top of 
the hood as shown in figure G-1.
    (x) Grinding and polishing belt hoods shall be constructed as close 
to the operation as possible. The hood should extend almost to the belt, 
and 1-inch wide openings should be provided on either side. Figure G-8 
shows a typical hood for a belt operation.

[[Page 195]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.015


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


[[Page 196]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.016


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


[[Page 197]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.017


[[Page 198]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.018


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


[[Page 199]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.019


[[Page 200]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.020


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


[[Page 201]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.021


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


[[Page 202]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.022


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

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

[[Page 203]]

to the exit is 25 feet or less. Where booth exits are provided with 
doors, such doors shall open outward from the booth.
    (iii) Baffles, distribution plates, and dry-type overspray 
collectors shall conform to the requirements of Sec. 1910.107(b)(4) and 
(b)(5).
    (a) Overspray filters shall be installed and maintained in 
accordance with the requirements of Sec. 1910.107(b)(5), and shall only 
be in a location easily accessible for inspection, cleaning, or 
replacement.
    (b) Where effective means, independent of the overspray filters, are 
installed which will result in design air distribution across the booth 
cross section, it is permissible to operate the booth without the 
filters in place.
    (iv) (a) For wet or water-wash spray booths, the water-chamber 
enclosure, within which intimate contact of contaminated air and 
cleaning water or other cleaning medium is maintained, if made of steel, 
shall be 18 gage or heavier and adequately protected against corrosion.
    (b) Chambers may include scrubber spray nozzles, headers, troughs, 
or other devices. Chambers shall be provided with adequate means for 
creating and maintaining scrubbing action for removal of particulate 
matter from the exhaust air stream.
    (v) Collecting tanks shall be of welded steel construction or other 
suitable non-combustible material. If pits are used as collecting tanks, 
they shall be concrete, masonry, or other material having similar 
properties.
    (a) Tanks shall be provided with weirs, skimmer plates, or screens 
to prevent sludge and floating paint from entering the pump suction box. 
Means for automatically maintaining the proper water level shall also be 
provided. Fresh water inlets shall not be submerged. They shall 
terminate at least one pipe diameter above the safety overflow level of 
the tank.
    (b) Tanks shall be so constructed as to discourage accumulation of 
hazardous deposits.
    (vi) Pump manifolds, risers, and headers shall be adequately sized 
to insure sufficient water flow to provide efficient operation of the 
water chamber.
    (4) Design and construction of spray rooms. (i) Spray rooms, 
including floors, shall be constructed of masonry, concrete, or other 
noncombustible material.
    (ii) Spray rooms shall have noncombustible fire doors and shutters.
    (iii) Spray rooms shall be adequately ventilated so that the 
atmosphere in the breathing zone of the operator shall be maintained in 
accordance with the requirements of paragraph (c)(6)(ii) of this 
section.
    (iv) Spray rooms used for production spray-finishing operations 
shall conform to the requirements for spray booths.
    (5) Ventilation. (i) Ventilation shall be provided in accordance 
with provisions of Sec. 1910.107(d), and in accordance with the 
following:
    (a) Where a fan plenum is used to equalize or control the 
distribution of exhaust air movement through the booth, it shall be of 
sufficient strength or rigidity to withstand the differential air 
pressure or other superficially imposed loads for which the equipment is 
designed and also to facilitate cleaning. Construction specifications 
shall be at least equivalent to those of paragraph (c)(5)(iii) of this 
section.
    (b) [Reserved]
    (ii) Inlet or supply ductwork used to transport makeup air to spray 
booths or surrounding areas shall be constructed of noncombustible 
materials.
    (a) If negative pressure exists within inlet ductwork, all seams and 
joints shall be sealed if there is a possibility of infiltration of 
harmful quantities of noxious gases, fumes, or mists from areas through 
which ductwork passes.
    (b) Inlet ductwork shall be sized in accordance with volume flow 
requirements and provide design air requirements at the spray booth.
    (c) Inlet ductwork shall be adequately supported throughout its 
length to sustain at least its own weight plus any negative pressure 
which is exerted upon it under normal operating conditions.
    (iii)(a) Exhaust ductwork shall be adequately supported throughout 
its length to sustain its weight plus any normal accumulation in 
interior during normal operating conditions and any negative pressure 
exerted upon it.

[[Page 204]]

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

                           Table G-10--Minimum Maintained Velocities Into Spray Booths
----------------------------------------------------------------------------------------------------------------
                                                                                Airflow velocities, f.p.m.
     Operating conditions for objects            Crossdraft, f.p.m.     ----------------------------------------
          completely inside booth                                                   Design               Range
----------------------------------------------------------------------------------------------------------------
Electrostatic and automatic airless         Negligible.................  50 large booth.............       50-75
 operation contained in booth without
 operator.
                                                                         100 small booth............      75-125
Air-operated guns, manual or automatic....  Up to 50...................  100 large booth............      75-125
----------------------------------------------------------------------------------------------------------------
                                                                         150 small booth............     125-175
Air-operated guns, manual or automatic....  Up to 100..................  150 large booth............     125-175
----------------------------------------------------------------------------------------------------------------
                                                                         200 small booth............     150-250
----------------------------------------------------------------------------------------------------------------
Notes:
  (1) Attention is invited to the fact that the effectiveness of the spray booth is dependent upon the
  relationship of the depth of the booth to its height and width.
  (2) Crossdrafts can be eliminated through proper design and such design should be sought. Crossdrafts in
  excess of 100fpm (feet per minute) should not be permitted.
  (3) Excessive air pressures result in loss of both efficiency and material waste in addition to creating a
  backlash that may carry overspray and fumes into adjacent work areas.
  (4) Booths should be designed with velocities shown in the column headed ``Design.'' However, booths operating
  with velocities shown in the column headed ``Range'' are in compliance with this standard.

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


[[Page 205]]


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

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


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

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

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

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

    (iii)(a) When an operator is in a booth downstream from the object 
being sprayed, an air-supplied respirator or other type of respirator 
must be used by employees that has been approved by NIOSH under 42 CFR 
part 84 for the material being sprayed.
    (b) Where downdraft booths are provided with doors, such doors shall 
be closed when spray painting.
    (7) Make-up air. (i) Clean fresh air, free of contamination from 
adjacent industrial exhaust systems, chimneys, stacks, or vents, shall 
be supplied to a spray booth or room in quantities equal to the volume 
of air exhausted through the spray booth.
    (ii) Where a spray booth or room receives make-up air through self-
closing doors, dampers, or louvers, they shall be fully open at all 
times when the booth or room is in use for spraying. The velocity of air 
through such doors, dampers, or louvers shall not exceed 200 feet per 
minute. If the fan characteristics are such that the required air flow 
through the booth will be provided, higher velocities through the doors, 
dampers, or louvers may be used.
    (iii)(a) Where the air supply to a spray booth or room is filtered, 
the fan static pressure shall be calculated on the assumption that the 
filters are dirty to the extent that they require cleaning or 
replacement.
    (b) The rating of filters shall be governed by test data supplied by 
the manufacturer of the filter. A pressure gage shall be installed to 
show the pressure drop across the filters. This gage shall be marked to 
show the pressure drop at which the filters require cleaning or 
replacement. Filters shall be replaced or cleaned whenever the pressure 
drop across them becomes excessive or whenever the air flow through the 
face

[[Page 206]]

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

[39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 40 
FR 24522, June 9, 1975; 43 FR 49746, Oct. 24, 1978; 49 FR 5322, Feb. 10, 
1984; 55 FR 32015, Aug. 6, 1990; 58 FR 35308, June 30, 1993; 61 FR 9236, 
Mar. 7, 1996; 63 FR 1269, Jan. 8, 1998; 64 FR 13909, Mar. 23, 1999; 72 
FR 71069, Dec. 14, 2007; 74 FR 46356, Sept. 9, 2009]



Sec. 1910.95  Occupational noise exposure.

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

[[Page 207]]

[GRAPHIC] [TIFF OMITTED] TC27OC91.023

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

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

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

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

[[Page 208]]

    (2)(i) All continuous, intermittent and impulsive sound levels from 
80 decibels to 130 decibels shall be integrated into the noise 
measurements.
    (ii) Instruments used to measure employee noise exposure shall be 
calibrated to ensure measurement accuracy.
    (3) Monitoring shall be repeated whenever a change in production, 
process, equipment or controls increases noise exposures to the extent 
that:
    (i) Additional employees may be exposed at or above the action 
level; or
    (ii) The attenuation provided by hearing protectors being used by 
employees may be rendered inadequate to meet the requirements of 
paragraph (j) of this section.
    (e) Employee notification. The employer shall notify each employee 
exposed at or above an 8-hour time-weighted average of 85 decibels of 
the results of the monitoring.
    (f) Observation of monitoring. The employer shall provide affected 
employees or their representatives with an opportunity to observe any 
noise measurements conducted pursuant to this section.
    (g) Audiometric testing program. (1) The employer shall establish 
and maintain an audiometric testing program as provided in this 
paragraph by making audiometric testing available to all employees whose 
exposures equal or exceed an 8-hour time-weighted average of 85 
decibels.
    (2) The program shall be provided at no cost to employees.
    (3) Audiometric tests shall be performed by a licensed or certified 
audiologist, otolaryngologist, or other physician, or by a technician 
who is certified by the Council of Accreditation in Occupational Hearing 
Conservation, or who has satisfactorily demonstrated competence in 
administering audiometric examinations, obtaining valid audiograms, and 
properly using, maintaining and checking calibration and proper 
functioning of the audiometers being used. A technician who operates 
microprocessor audiometers does not need to be certified. A technician 
who performs audiometric tests must be responsible to an audiologist, 
otolaryngologist or physician.
    (4) All audiograms obtained pursuant to this section shall meet the 
requirements of appendix C: Audiometric Measuring Instruments.
    (5) Baseline audiogram. (i) Within 6 months of an employee's first 
exposure at or above the action level, the employer shall establish a 
valid baseline audiogram against which subsequent audiograms can be 
compared.
    (ii) Mobile test van exception. Where mobile test vans are used to 
meet the audiometric testing obligation, the employer shall obtain a 
valid baseline audiogram within 1 year of an employee's first exposure 
at or above the action level. Where baseline audiograms are obtained 
more than 6 months after the employee's first exposure at or above the 
action level, employees shall wearing hearing protectors for any period 
exceeding six months after first exposure until the baseline audiogram 
is obtained.
    (iii) Testing to establish a baseline audiogram shall be preceded by 
at least 14 hours without exposure to workplace noise. Hearing 
protectors may be used as a substitute for the requirement that baseline 
audiograms be preceded by 14 hours without exposure to workplace noise.
    (iv) The employer shall notify employees of the need to avoid high 
levels of non-occupational noise exposure during the 14-hour period 
immediately preceding the audiometric examination.
    (6) Annual audiogram. At least annually after obtaining the baseline 
audiogram, the employer shall obtain a new audiogram for each employee 
exposed at or above an 8-hour time-weighted average of 85 decibels.
    (7) Evaluation of audiogram. (i) Each employee's annual audiogram 
shall be compared to that employee's baseline audiogram to determine if 
the audiogram is valid and if a standard threshold shift as defined in 
paragraph (g)(10) of this section has occurred. This comparison may be 
done by a technician.
    (ii) If the annual audiogram shows that an employee has suffered a 
standard threshold shift, the employer may obtain a retest within 30 
days and consider the results of the retest as the annual audiogram.

[[Page 209]]

    (iii) The audiologist, otolaryngologist, or physician shall review 
problem audiograms and shall determine whether there is a need for 
further evaluation. The employer shall provide to the person performing 
this evaluation the following information:
    (A) A copy of the requirements for hearing conservation as set forth 
in paragraphs (c) through (n) of this section;
    (B) The baseline audiogram and most recent audiogram of the employee 
to be evaluated;
    (C) Measurements of background sound pressure levels in the 
audiometric test room as required in appendix D: Audiometric Test Rooms.
    (D) Records of audiometer calibrations required by paragraph (h)(5) 
of this section.
    (8) Follow-up procedures. (i) If a comparison of the annual 
audiogram to the baseline audiogram indicates a standard threshold shift 
as defined in paragraph (g)(10) of this section has occurred, the 
employee shall be informed of this fact in writing, within 21 days of 
the determination.
    (ii) Unless a physician determines that the standard threshold shift 
is not work related or aggravated by occupational noise exposure, the 
employer shall ensure that the following steps are taken when a standard 
threshold shift occurs:
    (A) Employees not using hearing protectors shall be fitted with 
hearing protectors, trained in their use and care, and required to use 
them.
    (B) Employees already using hearing protectors shall be refitted and 
retrained in the use of hearing protectors and provided with hearing 
protectors offering greater attenuation if necessary.
    (C) The employee shall be referred for a clinical audiological 
evaluation or an otological examination, as appropriate, if additional 
testing is necessary or if the employer suspects that a medical 
pathology of the ear is caused or aggravated by the wearing of hearing 
protectors.
    (D) The employee is informed of the need for an otological 
examination if a medical pathology of the ear that is unrelated to the 
use of hearing protectors is suspected.
    (iii) If subsequent audiometric testing of an employee whose 
exposure to noise is less than an 8-hour TWA of 90 decibels indicates 
that a standard threshold shift is not persistent, the employer:
    (A) Shall inform the employee of the new audiometric interpretation; 
and
    (B) May discontinue the required use of hearing protectors for that 
employee.
    (9) Revised baseline. An annual audiogram may be substituted for the 
baseline audiogram when, in the judgment of the audiologist, 
otolaryngologist or physician who is evaluating the audiogram:
    (i) The standard threshold shift revealed by the audiogram is 
persistent; or
    (ii) The hearing threshold shown in the annual audiogram indicates 
significant improvement over the baseline audiogram.
    (10) Standard threshold shift. (i) As used in this section, a 
standard threshold shift is a change in hearing threshold relative to 
the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 
4000 Hz in either ear.
    (ii) In determining whether a standard threshold shift has occurred, 
allowance may be made for the contribution of aging (presbycusis) to the 
change in hearing level by correcting the annual audiogram according to 
the procedure described in appendix F: Calculation and Application of 
Age Correction to Audiograms.
    (h) Audiometric test requirements. (1) Audiometric tests shall be 
pure tone, air conduction, hearing threshold examinations, with test 
frequencies including as a minimum 500, 1000, 2000, 3000, 4000, and 6000 
Hz. Tests at each frequency shall be taken separately for each ear.
    (2) Audiometric tests shall be conducted with audiometers (including 
microprocessor audiometers) that meet the specifications of, and are 
maintained and used in accordance with, American National Standard 
Specification for Audiometers, S3.6-1969, which is incorporated by 
reference as specified in Sec. 1910.6.

[[Page 210]]

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

[[Page 211]]

instructions on selection, fitting, use, and care; and
    (iii) The purpose of audiometric testing, and an explanation of the 
test procedures.
    (l) Access to information and training materials. (1) The employer 
shall make available to affected employees or their representatives 
copies of this standard and shall also post a copy in the workplace.
    (2) The employer shall provide to affected employees any 
informational materials pertaining to the standard that are supplied to 
the employer by the Assistant Secretary.
    (3) The employer shall provide, upon request, all materials related 
to the employer's training and education program pertaining to this 
standard to the Assistant Secretary and the Director.
    (m) Recordkeeping--(1) Exposure measurements. The employer shall 
maintain an accurate record of all employee exposure measurements 
required by paragraph (d) of this section.
    (2) Audiometric tests. (i) The employer shall retain all employee 
audiometric test records obtained pursuant to paragraph (g) of this 
section:
    (ii) This record shall include:
    (A) Name and job classification of the employee;
    (B) Date of the audiogram;
    (C) The examiner's name;
    (D) Date of the last acoustic or exhaustive calibration of the 
audiometer; and
    (E) Employee's most recent noise exposure assessment.
    (F) The employer shall maintain accurate records of the measurements 
of the background sound pressure levels in audiometric test rooms.
    (3) Record retention. The employer shall retain records required in 
this paragraph (m) for at least the following periods.
    (i) Noise exposure measurement records shall be retained for two 
years.
    (ii) Audiometric test records shall be retained for the duration of 
the affected employee's employment.
    (4) Access to records. All records required by this section shall be 
provided upon request to employees, former employees, representatives 
designated by the individual employee, and the Assistant Secretary. The 
provisions of 29 CFR 1910.1020 (a)-(e) and (g)-(i) apply to access to 
records under this section.
    (5) Transfer of records. If the employer ceases to do business, the 
employer shall transfer to the successor employer all records required 
to be maintained by this section, and the successor employer shall 
retain them for the remainder of the period prescribed in paragraph 
(m)(3) of this section.
    (n) Appendices. (1) Appendices A, B, C, D, and E to this section are 
incorporated as part of this section and the contents of these 
appendices are mandatory.
    (2) Appendices F and G to this section are informational and are not 
intended to create any additional obligations not otherwise imposed or 
to detract from any existing obligations.
    (o) Exemptions. Paragraphs (c) through (n) of this section shall not 
apply to employers engaged in oil and gas well drilling and servicing 
operations.

         Appendix A to Sec. 1910.95--Noise Exposure Computation

                       This appendix is Mandatory

                I. Computation of Employee Noise Exposure

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

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

where Cn indicates the total time of exposure at a specific 
noise level, and Tn indicates the reference duration for that 
level as given by Table G-16a.

    (2) The eight-hour time-weighted average sound level (TWA), in 
decibels, may be computed from the dose, in percent, by means of the 
formula: TWA = 16.61 log10 (D/100) + 90. For an eight-hour 
workshift with the noise level constant over the entire shift, the TWA 
is equal to the measured sound level.
    (3) A table relating dose and TWA is given in Section II.

[[Page 212]]



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

    In the above table the reference duration, T, is computed by
    [GRAPHIC] [TIFF OMITTED] TR25SE06.008
    
where L is the measured A-weighted sound level.

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

    Compliance with paragraphs (c)-(r) of this regulation is determined 
by the amount of exposure to noise in the workplace. The amount of such 
exposure is usually measured with an audiodosimeter which gives a 
readout in terms of ``dose.'' In order to better understand the 
requirements of the amendment, dosimeter readings can be converted to an 
``8-hour time-weighted average sound level.'' (TWA).
    In order to convert the reading of a dosimeter into TWA, see Table 
A-1, below. This table applies to dosimeters that are set by the 
manufacturer to calculate dose or percent exposure according to the 
relationships in Table G-16a. So, for example, a dose of 91 percent over 
an eight hour day results in a TWA of 89.3 dB, and, a dose of 50 percent 
corresponds to a TWA of 85 dB.
    If the dose as read on the dosimeter is less than or greater than 
the values found in Table A-1, the TWA may be calculated by using the 
formula: TWA 6.61 log10 (D/100) + 90 where TWA = 8-hour time-
weighted average sound level and D = accumulated dose in percent 
exposure.

Table A-1--Conversion From ``Percent Noise Exposure'' or ``Dose'' to ``8-
             Hour Time-Weighted Average Sound Level'' (TWA)
------------------------------------------------------------------------
                Dose or percent noise exposure                    TWA
------------------------------------------------------------------------
10...........................................................       73.4
15...........................................................       76.3
20...........................................................       78.4
25...........................................................       80.0
30...........................................................       81.3
35...........................................................       82.4
40...........................................................       83.4
45...........................................................       84.2
50...........................................................       85.0
55...........................................................       85.7
60...........................................................       86.3
65...........................................................       86.9
70...........................................................       87.4
75...........................................................       87.9
80...........................................................       88.4
81...........................................................       88.5
82...........................................................       88.6
83...........................................................       88.7
84...........................................................       88.7
85...........................................................       88.8
86...........................................................       88.9
87...........................................................       89.0
88...........................................................       89.1
89...........................................................       89.2
90...........................................................       89.2
91...........................................................       89.3
92...........................................................       89.4
93...........................................................       89.5
94...........................................................       89.6
95...........................................................       89.6
96...........................................................       89.7
97...........................................................       89.8
98...........................................................       89.9
99...........................................................       89.9
100..........................................................       90.0
101..........................................................       90.1
102..........................................................       90.1
103..........................................................       90.2
104..........................................................       90.3
105..........................................................       90.4
106..........................................................       90.4

[[Page 213]]

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

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

                       This appendix is Mandatory

    For employees who have experienced a significant threshold shift, 
hearing protector attenuation must be sufficient to reduce employee 
exposure to a TWA of 85 dB. Employers must select one of the following 
methods by which to estimate the adequacy of hearing protector 
attenuation.
    The most convenient method is the Noise Reduction Rating (NRR) 
developed by the Environmental Protection Agency (EPA). According to EPA 
regulation, the NRR must be shown on the hearing protector package. The 
NRR is then related to an individual worker's noise environment in order 
to assess the adequacy of the attenuation of a

[[Page 214]]

given hearing protector. This appendix describes four methods of using 
the NRR to determine whether a particular hearing protector provides 
adequate protection within a given exposure environment. Selection among 
the four procedures is dependent upon the employer's noise measuring 
instruments.
    Instead of using the NRR, employers may evaluate the adequacy of 
hearing protector attenuation by using one of the three methods 
developed by the National Institute for Occupational Safety and Health 
(NIOSH), which are described in the ``List of Personal Hearing 
Protectors and Attenuation Data,'' HEW Publication No. 76-120, 1975, 
pages 21-37. These methods are known as NIOSH methods 1B1, 1B2 and 
1B3. The NRR described below is a simplification of NIOSH method 1B2. 
The most complex method is NIOSH method 1B1, which is probably the most 
accurate method since it uses the largest amount of spectral information 
from the individual employee's noise environment. As in the case of the 
NRR method described below, if one of the NIOSH methods is used, the 
selected method must be applied to an individual's noise environment to 
assess the adequacy of the attenuation. Employers should be careful to 
take a sufficient number of measurements in order to achieve a 
representative sample for each time segment.

    Note: The employer must remember that calculated attenuation values 
reflect realistic values only to the extent that the protectors are 
properly fitted and worn.

    When using the NRR to assess hearing protector adequacy, one of the 
following methods must be used:
    (i) When using a dosimeter that is capable of C-weighted 
measurements:
    (A) Obtain the employee's C-weighted dose for the entire workshift, 
and convert to TWA (see appendix A, II).
    (B) Subtract the NRR from the C-weighted TWA to obtain the estimated 
A-weighted TWA under the ear protector.
    (ii) When using a dosimeter that is not capable of C-weighted 
measurements, the following method may be used:
    (A) Convert the A-weighted dose to TWA (see appendix A).
    (B) Subtract 7 dB from the NRR.
    (C) Subtract the remainder from the A-weighted TWA to obtain the 
estimated A-weighted TWA under the ear protector.
    (iii) When using a sound level meter set to the A-weighting network:
    (A) Obtain the employee's A-weighted TWA.
    (B) Subtract 7 dB from the NRR, and subtract the remainder from the 
A-weighted TWA to obtain the estimated A-weighted TWA under the ear 
protector.
    (iv) When using a sound level meter set on the C-weighting network:
    (A) Obtain a representative sample of the C-weighted sound levels in 
the employee's environment.
    (B) Subtract the NRR from the C-weighted average sound level to 
obtain the estimated A-weighted TWA under the ear protector.
    (v) When using area monitoring procedures and a sound level meter 
set to the A-weighing network.
    (A) Obtain a representative sound level for the area in question.
    (B) Subtract 7 dB from the NRR and subtract the remainder from the 
A-weighted sound level for that area.
    (vi) When using area monitoring procedures and a sound level meter 
set to the C-weighting network:
    (A) Obtain a representative sound level for the area in question.
    (B) Subtract the NRR from the C-weighted sound level for that area.

      Appendix C to Sec. 1910.95--Audiometric Measuring Instruments

                       This appendix is Mandatory

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

[[Page 215]]

           Appendix D to Sec. 1910.95--Audiometric Test Rooms

                       This appendix is Mandatory

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

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

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

                       This appendix is Mandatory

    Audiometer calibration shall be checked acoustically, at least 
annually, according to the procedures described in this appendix. The 
equipment necessary to perform these measurements is a sound level 
meter, octave-band filter set, and a National Bureau of Standards 9A 
coupler. In making these measurements, the accuracy of the calibrating 
equipment shall be sufficient to determine that the audiometer is within 
the tolerances permitted by American Standard Specification for 
Audiometers, S3.6-1969.
    (1) Sound Pressure Output Check
    A. Place the earphone coupler over the microphone of the sound level 
meter and place the earphone on the coupler.
    B. Set the audiometer's hearing threshold level (HTL) dial to 70 dB.
    C. Measure the sound pressure level of the tones at each test 
frequency from 500 Hz through 6000 Hz for each earphone.
    D. At each frequency the readout on the sound level meter should 
correspond to the levels in Table E-1 or Table E-2, as appropriate, for 
the type of earphone, in the column entitled ``sound level meter 
reading.''
    (2) Linearity Check
    A. With the earphone in place, set the frequency to 1000 Hz and the 
HTL dial on the audiometer to 70 dB.
    B. Measure the sound levels in the coupler at each 10-dB decrement 
from 70 dB to 10 dB, noting the sound level meter reading at each 
setting.
    C. For each 10-dB decrement on the audiometer the sound level meter 
should indicate a corresponding 10 dB decrease.
    D. This measurement may be made electrically with a voltmeter 
connected to the earphone terminals.
    (3) Tolerances
    When any of the measured sound levels deviate from the levels in 
Table E-1 or Table E-2 by [3 dB at any test frequency between 500 and 
3000 Hz, 4 dB at 4000 Hz, or 5 dB at 6000 Hz, an exhaustive calibration 
is advised. An exhaustive calibration is required if the deviations are 
greater than 15 dB or greater at any test frequency.

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


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

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

                     This appendix Is Non-Mandatory

    In determining whether a standard threshold shift has occurred, 
allowance may be made for the contribution of aging to the change in 
hearing level by adjusting the most recent audiogram. If the employer 
chooses to adjust the audiogram, the employer shall follow the procedure 
described below. This procedure and the age correction tables were 
developed by the National Institute for Occupational Safety and Health 
in the criteria document entitled ``Criteria for a Recommended Standard 
. . . Occupational Exposure to Noise,'' ((HSM)-11001).
    For each audiometric test frequency;
    (i) Determine from Tables F-1 or F-2 the age correction values for 
the employee by:

[[Page 216]]

    (A) Finding the age at which the most recent audiogram was taken and 
recording the corresponding values of age corrections at 1000 Hz through 
6000 Hz;
    (B) Finding the age at which the baseline audiogram was taken and 
recording the corresponding values of age corrections at 1000 Hz through 
6000 Hz.
    (ii) Subtract the values found in step (i)(B) from the value found 
in step (i)(A).
    (iii) The differences calculated in step (ii) represented that 
portion of the change in hearing that may be due to aging.
    Example: Employee is a 32-year-old male. The audiometric history for 
his right ear is shown in decibels below.

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

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

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

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

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


        Table F-2--Age Correction Values in Decibels for Females
------------------------------------------------------------------------
                                     Audiometric Test Frequencies (Hz)
              Years              ---------------------------------------
                                   1000    2000    3000    4000    6000
------------------------------------------------------------------------
20 or younger...................       7       4       3       3       6
21..............................       7       4       4       3       6
22..............................       7       4       4       4       6
23..............................       7       5       4       4       7
24..............................       7       5       4       4       7
25..............................       8       5       4       4       7
26..............................       8       5       5       4       8
27..............................       8       5       5       5       8
28..............................       8       5       5       5       8
29..............................       8       5       5       5       9
30..............................       8       6       5       5       9
31..............................       8       6       6       5       9
32..............................       9       6       6       6      10
33..............................       9       6       6       6      10
34..............................       9       6       6       6      10
35..............................       9       6       7       7      11
36..............................       9       7       7       7      11
37..............................       9       7       7       7      12
38..............................      10       7       7       7      12

[[Page 217]]

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

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

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

[[Page 218]]

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

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

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

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

    The referenced publications (or a microfiche of the publications) 
are available for review at many universities and public libraries 
throughout the country. These publications may also be examined at the 
OSHA Technical Data Center, Room N2439, United States Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 219-
7500 or at any OSHA Regional Office (see telephone directories under 
United States Government--Labor Department).

                 Appendix I to Sec. 1910.95--Definitions

    These definitions apply to the following terms as used in paragraphs 
(c) through (n) of 29 CFR 1910.95.
Action level--An 8-hour time-weighted average of 85 decibels measured on 
the A-scale, slow response, or equivalently, a dose of fifty percent.
Audiogram--A chart, graph, or table resulting from an audiometric test 
showing an individual's hearing threshold levels as a function of 
frequency.
Audiologist--A professional, specializing in the study and 
rehabilitation of hearing, who is certified by the American Speech-
Language-Hearing Association or licensed by a state board of examiners.
Baseline audiogram--The audiogram against which future audiograms are 
compared.

[[Page 219]]

Criterion sound level--A sound level of 90 decibels.
Decibel (dB)--Unit of measurement of sound level.
Hertz (Hz)--Unit of measurement of frequency, numerically equal to 
cycles per second.
Medical pathology--A disorder or disease. For purposes of this 
regulation, a condition or disease affecting the ear, which should be 
treated by a physician specialist.
Noise dose--The ratio, expressed as a percentage, of (1) the time 
integral, over a stated time or event, of the 0.6 power of the measured 
SLOW exponential time-averaged, squared A-weighted sound pressure and 
(2) the product of the criterion duration (8 hours) and the 0.6 power of 
the squared sound pressure corresponding to the criterion sound level 
(90 dB).
Noise dosimeter--An instrument that integrates a function of sound 
pressure over a period of time in such a manner that it directly 
indicates a noise dose.
Otolaryngologist--A physician specializing in diagnosis and treatment of 
disorders of the ear, nose and throat.
Representative exposure--Measurements of an employee's noise dose or 8-
hour time-weighted average sound level that the employers deem to be 
representative of the exposures of other employees in the workplace.
Sound level--Ten times the common logarithm of the ratio of the square 
of the measured A-weighted sound pressure to the square of the standard 
reference pressure of 20 micropascals. Unit: decibels (dB). For use with 
this regulation, SLOW time response, in accordance with ANSI S1.4-1971 
(R1976), is required.
Sound level meter--An instrument for the measurement of sound level.
Time-weighted average sound level--That sound level, which if constant 
over an 8-hour exposure, would result in the same noise dose as is 
measured.

[39 FR 23502, June 27, 1974, as amended at 46 FR 4161, Jan. 16, 1981; 46 
FR 62845, Dec. 29, 1981; 48 FR 9776, Mar. 8, 1983; 48 FR 29687, June 28, 
1983; 54 FR 24333, June 7, 1989; 61 FR 9236, Mar. 7, 1996; 71 FR 16672, 
Apr. 3, 2006; 73 FR 75584, Dec. 12, 2008]



Sec. 1910.97  Nonionizing radiation.

    (a) Electromagnetic radiation--(1) Definitions applicable to this 
paragraph. (i) The term electromagnetic radiation is restricted to that 
portion of the spectrum commonly defined as the radio frequency region, 
which for the purpose of this specification shall include the microwave 
frequency region.
    (ii) Partial body irradiation. Pertains to the case in which part of 
the body is exposed to the incident electromagnetic energy.
    (iii) Radiation protection guide. Radiation level which should not 
be exceeded without careful consideration of the reasons for doing so.
    (iv) The word ``symbol'' as used in this specification refers to the 
overall design, shape, and coloring of the rf radiation sign shown in 
figure G-11.
    (v) Whole body irradiation. Pertains to the case in which the entire 
body is exposed to the incident electromagnetic energy or in which the 
cross section of the body is smaller than the cross section of the 
incident radiation beam.
    (2) Radiation protection guide. (i) For normal environmental 
conditions and for incident electromagnetic energy of frequencies from 
10 MHz to 100 GHz, the radiation protection guide is 10 mW/cm.\2\ 
(milliwatt per square centimeter) as averaged over any possible 0.1-hour 
period. This means the following:

Power density: 10 mW./cm.\2\ for periods of 0.1-hour or more.
Energy density: 1 mW.-hr./cm.\2\ (milliwatt hour per square centimeter) 
during any 0.1-hour period.


This guide applies whether the radiation is continuous or intermittent.
    (ii) These formulated recommendations pertain to both whole body 
irradiation and partial body irradiation. Partial body irradiation must 
be included since it has been shown that some parts of the human body 
(e.g., eyes, testicles) may be harmed if exposed to incident radiation 
levels significantly in excess of the recommended levels.
    (3) Warning symbol. (i) The warning symbol for radio frequency 
radiation hazards shall consist of a red isosceles triangle above an 
inverted black isosceles triangle, separated and outlined by an aluminum 
color border. The words ``Warning--Radio-Frequency Radiation Hazard'' 
shall appear in the upper triangle. See figure G-11.
    (ii) ANSI Z53.1-1967 or ANSI Z535.1-2006(R2011), incorporated by 
reference in Sec. 1910.6, is for use for color specification. All 
lettering and the border shall be of aluminum color.
    (iii) The inclusion and choice of warning information or 
precautionary instructions is at the discretion of the

[[Page 220]]

user. If such information is included it shall appear in the lower 
triangle of the warning symbol.
[GRAPHIC] [TIFF OMITTED] TC27OC91.024

      Figure G-11--Radio-Frequency Radiation Hazard Warning Symbol

[[Page 221]]

    (4) Scope. This section applies to all radiations originating from 
radio stations, radar equipment, and other possible sources of 
electromagnetic radiation such as used for communication, radio 
navigation, and industrial and scientific purposes. This section does 
not apply to the deliberate exposure of patients by, or under the 
direction of, practitioners of the healing arts.
    (b) [Reserved]

[39 FR 23502, June 27, 1974, as amended at 61 FR 9236, Mar. 7, 1996; 78 
FR 35566, June 13, 2013]



Sec. 1910.98  Effective dates.

    (a) The provisions of this subpart G shall become effective on 
August 27, 1971, except as provided in the remaining paragraphs of this 
section.
    (b) The following provisions shall become effective on February 15, 
1972:

Sec. 1910.94 (a)(2)(iii), (a)(3), (a)(4), (b), (c)(2), (c)(3), (c)(4), 
(c)(5), (c)(6)(i), (c)(6)(ii), (d)(1)(ii), (d)(3), (d)(4), (d)(5), and 
(d)(7).

    (c) Notwithstanding anything in paragraph (a), (b), or (d) of this 
section, any provision in any other section of this subpart which 
contains in itself a specific effective date or time limitation shall 
become effective on such date or shall apply in accordance with such 
limitation.
    (d) Notwithstanding anything in paragraph (a) of this section, if 
any standard in 41 CFR part 50-204, other than a national consensus 
standard incorporated by reference in Sec. 50-204.2(a)(1), is or becomes 
applicable at any time to any employment and place of employment, by 
virtue of the Walsh-Healey Public Contracts Act, or the Service Contract 
Act of 1965, or the National Foundation on Arts and Humanities Act of 
1965, any corresponding established Federal standard in this subpart G 
which is derived from 41 CFR part 50-204 shall also become effective, 
and shall be applicable to such employment and place of employment, on 
the same date.



                      Subpart H_Hazardous Materials

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 
FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2007 (72 FR 
31159), 4-2010 (75 FR 55355) or 1-2012 (77 FR 3912), as applicable; and 
29 CFR part 1911.
    Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR part 
1911.
    Section 1910.119 also issued under Section 304, Clean Air Act 
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C.A. 655 Note.
    Section 1910.120 also issued under Section 126, Superfund Amendments 
and Reauthorization Act of 1986 as amended (29 U.S.C.A. 655 Note), and 5 
U.S.C. 553.



Sec. 1910.101  Compressed gases (general requirements).

    (a) Inspection of compressed gas cylinders. Each employer shall 
determine that compressed gas cylinders under his control are in a safe 
condition to the extent that this can be determined by visual 
inspection. Visual and other inspections shall be conducted as 
prescribed in the Hazardous Materials Regulations of the Department of 
Transportation (49 CFR parts 171-179 and 14 CFR part 103). Where those 
regulations are not applicable, visual and other inspections shall be 
conducted in accordance with Compressed Gas Association Pamphlets C-6-
1968 and C-8-1962, which is incorporated by reference as specified in 
Sec. 1910.6.
    (b) Compressed gases. The in-plant handling, storage, and 
utilization of all compressed gases in cylinders, portable tanks, rail 
tankcars, or motor vehicle cargo tanks shall be in accordance with 
Compressed Gas Association Pamphlet P-1-1965, which is incorporated by 
reference as specified in Sec. 1910.6.
    (c) Safety relief devices for compressed gas containers. Compressed 
gas cylinders, portable tanks, and cargo tanks shall have pressure 
relief devices installed and maintained in accordance with Compressed 
Gas Association Pamphlets S-1.1-1963 and 1965 addenda and S-1.2-1963, 
which is incorporated by reference as specified in Sec. 1910.6.

[39 FR 23502, June 27, 1974, as amended at 61 FR 9236, Mar. 7, 1996]



Sec. 1910.102  Acetylene.

    (a) Cylinders. Employers must ensure that the in-plant transfer, 
handling, storage, and use of acetylene in cylinders comply with the 
provisions of

[[Page 222]]

CGA Pamphlet G-1-2009 (``Acetylene'') (incorporated by reference, see 
Sec. 1910.6).
    (b) Piped systems. (1) Employers must comply with Chapter 9 
(``Acetylene Piping'') of NFPA 51A-2006 (``Standard for Acetylene 
Charging Plants'') (National Fire Protection Association, 2006 ed., 
2006).
    (2) When employers can demonstrate that the facilities, equipment, 
structures, or installations used to generate acetylene or to charge 
(fill) acetylene cylinders were installed prior to February 16, 2006, 
these employers may comply with the provisions of Chapter 7 (``Acetylene 
Piping'') of NFPA 51A-2001 (``Standard for Acetylene Charging Plants'') 
(National Fire Protection Association, 2001 ed., 2001).
    (3) The provisions of Sec. 1910.102(b)(2) also apply when the 
facilities, equipment, structures, or installations used to generate 
acetylene or to charge (fill) acetylene cylinders were approved for 
construction or installation prior to February 16, 2006, but constructed 
and installed on or after that date.
    (4) For additional information on acetylene piping systems, see CGA 
G-1.2-2006, part 3 (``Acetylene piping'') (Compressed Gas Association, 
Inc., 3rd ed., 2006).
    (c) Generators and filling cylinders. (1) Employers must ensure that 
facilities, equipment, structures, or installations used to generate 
acetylene or to charge (fill) acetylene cylinders comply with the 
provisions of NFPA 51A-2006 (``Standard for Acetylene Charging Plants'') 
(National Fire Protection Association, 2006 ed., 2006).
    (2) When employers can demonstrate that the facilities, equipment, 
structures, or installations used to generate acetylene or to charge 
(fill) of acetylene cylinders were constructed or installed prior to 
February 16, 2006, these employers may comply with the provisions of 
NFPA 51A-2001 (``Standard for Acetylene Charging Plants'') (National 
Fire Protection Association, 2001 ed., 2001).
    (3) The provisions of Sec. 1910.102(c)(2) also apply when the 
facilities, equipment, structures, or installations were approved for 
construction or installation prior to February 16, 2006, but constructed 
and installed on or after that date.

[74 FR 40447, Aug. 11, 2009, as amended at 76 FR 75786, Dec. 5, 2011]



Sec. 1910.103  Hydrogen.

    (a) General--(1) Definitions. As used in this section (i) Gaseous 
hydrogen system is one in which the hydrogen is delivered, stored and 
discharged in the gaseous form to consumer's piping. The system includes 
stationary or movable containers, pressure regulators, safety relief 
devices, manifolds, interconnecting piping and controls. The system 
terminates at the point where hydrogen at service pressure first enters 
the consumer's distribution piping.
    (ii) Approved--Means, unless otherwise indicated, listed or approved 
by a nationally recognized testing laboratory. Refer to Sec. 1910.7 for 
definition of nationally recognized testing laboratory.
    (iii) Listed--See ``approved''.
    (iv) ASME--American Society of Mechanical Engineers.
    (v) DOT Specifications--Regulations of the Department of 
Transportation published in 49 CFR Chapter I.
    (vi) DOT regulations--See Sec. 1910.103 (a)(1)(v).
    (2) Scope--(i) Gaseous hydrogen systems. (a) Paragraph (b) of this 
section applies to the installation of gaseous hydrogen systems on 
consumer premises where the hydrogen supply to the consumer premises 
originates outside the consumer premises and is delivered by mobile 
equipment.
    (b) Paragraph (b) of this section does not apply to gaseous hydrogen 
systems having a total hydrogen content of less than 400 cubic feet, nor 
to hydrogen manufacturing plants or other establishments operated by the 
hydrogen supplier or his agent for the purpose of storing hydrogen and 
refilling portable containers, trailers, mobile supply trucks, or tank 
cars.
    (ii) Liquefied hydrogen systems. (a) Paragraph (c) of this section 
applies to the installation of liquefied hydrogen systems on consumer 
premises.
    (b) Paragraph (c) of this section does not apply to liquefied 
hydrogen portable containers of less than 150 liters (39.63 gallons) 
capacity; nor to liquefied

[[Page 223]]

hydrogen manufacturing plants or other establishments operated by the 
hydrogen supplier or his agent for the sole purpose of storing liquefied 
hydrogen and refilling portable containers, trailers, mobile supply 
trucks, or tank cars.
    (b) Gaseous hydrogen systems--(1) Design--(i) Containers. (a) 
Hydrogen containers shall comply with one of the following:
    (1) Designed, constructed, and tested in accordance with appropriate 
requirements of ASME Boiler and Pressure Vessel Code, section VIII--
Unfired Pressure Vessels--1968, which is incorporated by reference as 
specified in Sec. 1910.6.
    (2) Designed, constructed, tested and maintained in accordance with 
U.S. Department of Transportation Specifications and Regulations.
    (b) Permanently installed containers shall be provided with 
substantial noncombustible supports on firm noncombustible foundations.
    (c) Each portable container shall be legibly marked with the name 
``Hydrogen'' in accordance with the marking requirements set forth in 
Sec. 1910.253(b)(1)(ii). Each manifolded hydrogen supply unit shall be 
legibly marked with the name ``Hydrogen'' or a legend such as ``This 
unit contains hydrogen.''
    (ii) Safety relief devices. (a) Hydrogen containers shall be 
equipped with safety relief devices as required by the ASME Boiler and 
Pressure Vessel Code, section VIII Unfired Pressure Vessels, 1968 or the 
DOT Specifications and Regulations under which the container is 
fabricated.
    (b) Safety relief devices shall be arranged to discharge upward and 
unobstructed to the open air in such a manner as to prevent any 
impingement of escaping gas upon the container, adjacent structure or 
personnel. This requirement does not apply to DOT Specification 
containers having an internal volume of 2 cubic feet or less.
    (c) Safety relief devices or vent piping shall be designed or 
located so that moisture cannot collect and freeze in a manner which 
would interfere with proper operation of the device.
    (iii) Piping, tubing, and fittings. (a) Piping, tubing, and fittings 
shall be suitable for hydrogen service and for the pressures and 
temperatures involved. Cast iron pipe and fittings shall not be used.
    (b) Piping and tubing shall conform to section 2--``Industrial Gas 
and Air Piping''--Code for Pressure Piping, ANSI B31.1-1967 with addenda 
B31.1-1969, which is incorporated by reference as specified in 
Sec. 1910.6.
    (c) Joints in piping and tubing may be made by welding or brazing or 
by use of flanged, threaded, socket, or compression fittings. Gaskets 
and thread sealants shall be suitable for hydrogen service.
    (iv) Equipment assembly. (a) Valves, gauges, regulators, and other 
accessories shall be suitable for hydrogen service.
    (b) Installation of hydrogen systems shall be supervised by 
personnel familiar with proper practices with reference to their 
construction and use.
    (c) Storage containers, piping, valves, regulating equipment, and 
other accessories shall be readily accessible, and shall be protected 
against physical damage and against tampering.
    (d) Cabinets or housings containing hydrogen control or operating 
equipment shall be adequately ventilated.
    (e) Each mobile hydrogen supply unit used as part of a hydrogen 
system shall be adequately secured to prevent movement.
    (f) Mobile hydrogen supply units shall be electrically bonded to the 
system before discharging hydrogen.
    (v) Marking. The hydrogen storage location shall be permanently 
placarded as follows: ``HYDROGEN--FLAMMABLE GAS--NO SMOKING--NO OPEN 
FLAMES,'' or equivalent.
    (vi) Testing. After installations, all piping, tubing, and fittings 
shall be tested and proved hydrogen gas tight at maximum operating 
pressure.
    (2) Location--(i) General. (a) The system shall be located so that 
it is readily accessible to delivery equipment and to authorized 
personnel.
    (b) Systems shall be located above ground.
    (c) Systems shall not be located beneath electric power lines.
    (d) Systems shall not be located close to flammable liquid piping or 
piping of other flammable gases.

[[Page 224]]

    (e) Systems near aboveground flammable liquid storage shall be 
located on ground higher than the flammable liquid storage except when 
dikes, diversion curbs, grading, or separating solid walls are used to 
prevent accumulation of flammable liquids under the system.
    (ii) Specific requirements. (a) The location of a system, as 
determined by the maximum total contained volume of hydrogen, shall be 
in the order of preference as indicated by Roman numerals in Table H-1.

                                                    Table H-1
----------------------------------------------------------------------------------------------------------------
                                                                Size of hydrogen system
          Nature of location          --------------------------------------------------------------------------
                                          Less than 3,000 CF     3,000 CF to 15,000 CF    In excess of 15,000 CF
----------------------------------------------------------------------------------------------------------------
Outdoors.............................  I......................  IDI....................
In a separate building...............  II.....................  II.....................  II.
In a special room....................  III....................  III....................  Not permitted.
Inside buildings not in a special      IV.....................  Not permitted..........  Not permitted.
 room and exposed to other
 occupancies.
----------------------------------------------------------------------------------------------------------------

    (b) The minimum distance in feet from a hydrogen system of indicated 
capacity located outdoors, in separate buildings or in special rooms to 
any specified outdoor exposure shall be in accordance with Table H-2.
    (c) The distances in Table H-2 Items 1 and 3 to 10 inclusive do not 
apply where protective structures such as adequate fire walls are 
located between the system and the exposure.

                                                    Table H-2
----------------------------------------------------------------------------------------------------------------
                          Type of outdoor exposure                                  Size of hydrogen system
----------------------------------------------------------------------------------------------------------------
                                                                                           3,000 CF    In excess
                                                                               Less than   to 15,000   of 15,000
                                                                               3,000 CF       CF          CF
----------------------------------------------------------------------------------------------------------------
1. Building or structure.................  Wood frame construction \1\......          10          25          50
                                           Heavy timber, noncombustible or             0          10      \2\ 25
                                            ordinary construction \1\.
                                           Fire-resistive construction \1\..           0           0           0
2. Wall openings.........................  Not above any part of a system...          10          10          10
                                           Above any part of a system.......          25          25          25
3. Flammable liquids above ground........  0 to 1,000 gallons...............          10          25          25
                                           In excess of 1,000 gallons.......          25          50          50
4. Flammable liquids below ground--0 to    Tank.............................          10          10          10
 1,000 gallons.                            Vent or fill opening of tank.....          25          25          25
5. Flammable liquids below ground--in      Tank.............................          20          20          20
 excess of 1,000 gallons..                 Vent or fill opening of tank.....          25          25          25
6. Flammable gas storage, either high      0 to 15,000 CF capacity..........          10          25          25
 pressure or low pressure..                In excess of 15,000 CF capacity..          25          50          50
7. Oxygen storage........................  12,000 CF or less \4\............  ..........  ..........  ..........
                                           More than 12,000 CF \5\..........  ..........  ..........  ..........
8. Fast burning solids such as ordinary lumber, excelsior or paper..........          50          50          50
9. Slow burning solids such as heavy timber or coal.........................          25          25          25
10. Open flames and other sources of ignition...............................          25          25          25
11. Air compressor intakes or inlets to ventilating or air-conditioning               50          50          50
 equipment.
12. Concentration of people \3\.............................................          25          50          50
----------------------------------------------------------------------------------------------------------------
\1\ Refer to NFPA No. 220 Standard Types of Building Construction for definitions of various types of
  construction. (1969 Ed.)
\2\ But not less than one-half the height of adjacent side wall of the structure.
\3\ In congested areas such as offices, lunchrooms, locker rooms, time-clock areas.
\4\ Refer to NFPA No. 51, gas systems for welding and cutting (1969).
\5\ Refer to NFPA No. 566, bulk oxygen systems at consumer sites (1969).

    (d) Hydrogen systems of less than 3,000 CF when located inside 
buildings and exposed to other occupancies shall be situated in the 
building so that the system will be as follows:
    (1) In an adequately ventilated area as in paragraph (b)(3)(ii)(b) 
of this section.
    (2) Twenty feet from stored flammable materials or oxidizing gases.

[[Page 225]]

    (3) Twenty-five feet from open flames, ordinary electrical equipment 
or other sources of ignition.
    (4) Twenty-five feet from concentrations of people.
    (5) Fifty feet from intakes of ventilation or air-conditioning 
equipment and air compressors.
    (6) Fifty feet from other flammable gas storage.
    (7) Protected against damage or injury due to falling objects or 
working activity in the area.
    (8) More than one system of 3,000 CF or less may be installed in the 
same room, provided the systems are separated by at least 50 feet. Each 
such system shall meet all of the requirements of this paragraph.
    (3) Design consideration at specific locations--(i) Outdoor 
locations. (a) Where protective walls or roofs are provided, they shall 
be constructed of noncombustible materials.
    (b) Where the enclosing sides adjoin each other, the area shall be 
properly ventilated.
    (c) Electrical equipment within 15 feet shall be in accordance with 
subpart S of this part.
    (ii) Separate buildings. (a) Separate buildings shall be built of at 
least noncombustible construction. Windows and doors shall be located so 
as to be readily accessible in case of emergency. Windows shall be of 
glass or plastic in metal frames.
    (b) Adequate ventilation to the outdoors shall be provided. Inlet 
openings shall be located near the floor in exterior walls only. Outlet 
openings shall be located at the high point of the room in exterior 
walls or roof. Inlet and outlet openings shall each have minimum total 
area of one (1) square foot per 1,000 cubic feet of room volume. 
Discharge from outlet openings shall be directed or conducted to a safe 
location.
    (c) Explosion venting shall be provided in exterior walls or roof 
only. The venting area shall be equal to not less than 1 square foot per 
30 cubic feet of room volume and may consist of any one or any 
combination of the following: Walls of light, noncombustible material, 
preferably single thickness, single strength glass; lightly fastened 
hatch covers; lightly fastened swinging doors in exterior walls opening 
outward; lightly fastened walls or roof designed to relieve at a maximum 
pressure of 25 pounds per square foot.
    (d) There shall be no sources of ignition from open flames, 
electrical equipment, or heating equipment.
    (e) Electrical equipment shall be in accordance with subpart S of 
this part for Class I, Division 2 locations.
    (f) Heating, if provided, shall be by steam, hot water, or other 
indirect means.
    (iii) Special rooms. (a) Floor, walls, and ceiling shall have a 
fire-resistance rating of at least 2 hours. Walls or partitions shall be 
continuous from floor to ceiling and shall be securely anchored. At 
least one wall shall be an exterior wall. Openings to other parts of the 
building shall not be permitted. Windows and doors shall be in exterior 
walls and shall be located so as to be readily accessible in case of 
emergency. Windows shall be of glass or plastic in metal frames.
    (b) Ventilation shall be as provided in paragraph (b)(3)(ii)(b) of 
this section.
    (c) Explosion venting shall be as provided in paragraph 
(b)(3)(ii)(c) of this section.
    (d) There shall be no sources of ignition from open flames, 
electrical equipment, or heating equipment.
    (e) Electric equipment shall be in accordance with the requirements 
of subpart S of this part for Class I, Division 2 locations.
    (f) Heating, if provided, shall be by steam, hot water, or indirect 
means.
    (4) Operating instructions. For installations which require any 
operation of equipment by the user, legible instructions shall be 
maintained at operating locations.
    (5) Maintenance. The equipment and functioning of each charged 
gaseous hydrogen system shall be maintained in a safe operating 
condition in accordance with the requirements of this section. The area 
within 15 feet of any hydrogen container shall be kept free of dry 
vegetation and combustible material.

[[Page 226]]

    (c) Liquefied hydrogen systems--(1) Design--(i) Containers. (a) 
Hydrogen containers shall comply with the following: Storage containers 
shall be designed, constructed, and tested in accordance with 
appropriate requirements of the ASME Boiler and Pressure Vessel Code, 
section VIII--Unfired Pressure Vessels (1968) or applicable provisions 
of API Standard 620, Recommended Rules for Design and Construction of 
Large, Welded, Low-Pressure Storage Tanks, Second Edition (June 1963) 
and appendix R (April 1965), which is incorporated by reference as 
specified in Sec. 1910.6.
    (b) Portable containers shall be designed, constructed and tested in 
accordance with DOT Specifications and Regulations.
    (ii) Supports. Permanently installed containers shall be provided 
with substantial noncombustible supports securely anchored on firm 
noncombustible foundations. Steel supports in excess of 18 inches in 
height shall be protected with a protective coating having a 2-hour 
fire-resistance rating.
    (iii) Marking. Each container shall be legibly marked to indicate 
``LIQUEFIED HYDROGEN--FLAMMABLE GAS.''
    (iv) Safety relief devices. (a)(1) Stationary liquefied hydrogen 
containers shall be equipped with safety relief devices sized in 
accordance with CGA Pamphlet S-1, part 3, Safety Relief Device Standards 
for Compressed Gas Storage Containers, which is incorporated by 
reference as specified in Sec. 1910.6.
    (2) Portable liquefied hydrogen containers complying with the U.S. 
Department of Transportation Regulations shall be equipped with safety 
relief devices as required in the U.S. Department of Transportation 
Specifications and Regulations. Safety relief devices shall be sized in 
accordance with the requirements of CGA Pamphlet S-1, Safety Relief 
Device Standards, part 1, Compressed Gas Cylinders and part 2, Cargo and 
Portable Tank Containers.
    (b) Safety relief devices shall be arranged to discharge 
unobstructed to the outdoors and in such a manner as to prevent 
impingement of escaping liquid or gas upon the container, adjacent 
structures or personnel. See paragraph (c)(2)(i)(f) of this section for 
venting of safety relief devices in special locations.
    (c) Safety relief devices or vent piping shall be designed or 
located so that moisture cannot collect and freeze in a manner which 
would interfere with proper operation of the device.
    (d) Safety relief devices shall be provided in piping wherever 
liquefied hydrogen could be trapped between closures.
    (v) Piping, tubing, and fittings. (a) Piping, tubing, and fittings 
and gasket and thread sealants shall be suitable for hydrogen service at 
the pressures and temperatures involved. Consideration shall be given to 
the thermal expansion and contraction of piping systems when exposed to 
temperature fluctuations of ambient to liquefied hydrogen temperatures.
    (b) Gaseous hydrogen piping and tubing (above -20  deg.F.) shall 
conform to the applicable sections of Pressure Piping section 2--
Industrial Gas and Air Piping, ANSI B31.1-1967 with addenda B31.1-1969. 
Design of liquefied hydrogen or cold (-20  deg.F. or below) gas piping 
shall use Petroleum Refinery Piping ANSI B31.3-1966 or Refrigeration 
Piping ANSI B31.5-1966 with addenda B31.5a-1968 as a guide, which are 
incorporated by reference as specified in Sec. 1910.6.
    (c) Joints in piping and tubing shall preferably be made by welding 
or brazing; flanged, threaded, socket, or suitable compression fittings 
may be used.
    (d) Means shall be provided to minimize exposure of personnel to 
piping operating at low temperatures and to prevent air condensate from 
contacting piping, structural members, and surfaces not suitable for 
cryogenic temperatures. Only those insulating materials which are rated 
nonburning in accordance with ASTM Procedures D1692-68, which is 
incorporated by reference as specified in Sec. 1910.6, may be used. 
Other protective means may be used to protect personnel. The insulation 
shall be designed to have a vapor-tight seal in the outer covering to 
prevent the condensation of air and subsequent oxygen enrichment within 
the insulation. The insulation material and outside shield shall also be 
of adequate design

[[Page 227]]

to prevent attrition of the insulation due to normal operating 
conditions.
    (e) Uninsulated piping and equipment which operate at liquefied-
hydrogen temperature shall not be installed above asphalt surfaces or 
other combustible materials in order to prevent contact of liquid air 
with such materials. Drip pans may be installed under uninsulated piping 
and equipment to retain and vaporize condensed liquid air.
    (vi) Equipment assembly. (a) Valves, gauges, regulators, and other 
accessories shall be suitable for liquefied hydrogen service and for the 
pressures and temperatures involved.
    (b) Installation of liquefied hydrogen systems shall be supervised 
by personnel familiar with proper practices and with reference to their 
construction and use.
    (c) Storage containers, piping, valves, regulating equipment, and 
other accessories shall be readily accessible and shall be protected 
against physical damage and against tampering. A shutoff valve shall be 
located in liquid product withdrawal lines as close to the container as 
practical. On containers of over 2,000 gallons capacity, this shutoff 
valve shall be of the remote control type with no connections, flanges, 
or other appurtenances (other than a welded manual shutoff valve) 
allowed in the piping between the shutoff valve and its connection to 
the inner container.
    (d) Cabinets or housings containing hydrogen control equipment shall 
be ventilated to prevent any accumulation of hydrogen gas.
    (vii) Testing. (a) After installation, all field-erected piping 
shall be tested and proved hydrogen gas-tight at operating pressure and 
temperature.
    (b) Containers if out of service in excess of 1 year shall be 
inspected and tested as outlined in (a) of this subdivision. The safety 
relief devices shall be checked to determine if they are operable and 
properly set.
    (viii) Liquefied hydrogen vaporizers. (a) The vaporizer shall be 
anchored and its connecting piping shall be sufficiently flexible to 
provide for the effect of expansion and contraction due to temperature 
changes.
    (b) The vaporizer and its piping shall be adequately protected on 
the hydrogen and heating media sections with safety relief devices.
    (c) Heat used in a liquefied hydrogen vaporizer shall be indirectly 
supplied utilizing media such as air, steam, water, or water solutions.
    (d) A low temperature shutoff switch shall be provided in the 
vaporizer discharge piping to prevent flow of liquefied hydrogen in the 
event of the loss of the heat source.
    (ix) Electrical systems. (a) Electrical wiring and equipment located 
within 3 feet of a point where connections are regularly made and 
disconnected, shall be in accordance with subpart S of this part, for 
Class I, Group B, Division 1 locations.
    (b) Except as provided in (a) of this subdivision, electrical 
wiring, and equipment located within 25 feet of a point where 
connections are regularly made and disconnected or within 25 feet of a 
liquid hydrogen storage container, shall be in accordance with subpart S 
of this part, for Class I, Group B, Division 2 locations. When equipment 
approved for class I, group B atmospheres is not commercially available, 
the equipment may be--
    (1) Purged or ventilated in accordance with NFPA No. 496-1967, 
Standard for Purged Enclosures for Electrical Equipment in Hazardous 
Locations,
    (2) Intrinsically safe, or
    (3) Approved for Class I, Group C atmospheres. This requirement does 
not apply to electrical equipment which is installed on mobile supply 
trucks or tank cars from which the storage container is filled.
    (x) Bonding and grounding. The liquefied hydrogen container and 
associated piping shall be electrically bonded and grounded.
    (2) Location of liquefied hydrogen storage--(i) General 
requirements. (a) The storage containers shall be located so that they 
are readily accessible to mobile supply equipment at ground level and to 
authorized personnel.
    (b) The containers shall not be exposed by electric power lines, 
flammable liquid lines, flammable gas lines, or lines carrying oxidizing 
materials.
    (c) When locating liquified hydrogen storage containers near above-
ground

[[Page 228]]

flammable liquid storage or liquid oxygen storage, it is advisable to 
locate the liquefied hydrogen container on ground higher than flammable 
liquid storage or liquid oxygen storage.
    (d) Where it is necessary to locate the liquefied hydrogen container 
on ground that is level with or lower than adjacent flammable liquid 
storage or liquid oxygen storage, suitable protective means shall be 
taken (such as by diking, diversion curbs, grading), with respect to the 
adjacent flammable liquid storage or liquid oxygen storage, to prevent 
accumulation of liquids within 50 feet of the liquefied hydrogen 
container.
    (e) Storage sites shall be fenced and posted to prevent entrance by 
unauthorized personnel. Sites shall also be placarded as follows: 
``Liquefied Hydrogen--Flammable Gas--No Smoking--No Open Flames.''
    (f) If liquified hydrogen is located in (as specified in Table H-3) 
a separate building, in a special room, or inside buildings when not in 
a special room and exposed to other occupancies, containers shall have 
the safety relief devices vented unobstructed to the outdoors at a 
minimum elevation of 25 feet above grade to a safe location as required 
in paragraph (c)(1)(iv)(b) of this section.
    (ii) Specific requirements. (a) The location of liquefied hydrogen 
storage, as determined by the maximum total quantity of liquified 
hydrogen, shall be in the order of preference as indicated by Roman 
numerals in the following Table H-3.

                    Table H-3--Maximum Total Quantity of Liquefied Hydrogen Storage Permitted
----------------------------------------------------------------------------------------------------------------
                                                  Size of hydrogen storage (capacity in gallons)
                                 -------------------------------------------------------------------------------
       Nature of location         39.63 (150 liters)
                                         to 50             51 to 300          301 to 600       In excess of 600
----------------------------------------------------------------------------------------------------------------
Outdoors........................  I.................  I.................  I.................  I.
In a separate building..........  II................  II................  II................  Not permitted.
In a special room...............  III...............  III...............  Not permitted.....      Do.
Inside buildings not in a         IV................  Not permitted.....  ......do..........      Do.
 special room and exposed to
 other occupancies.
----------------------------------------------------------------------------------------------------------------
Note: This table does not apply to the storage in dewars of the type generally used in laboratories for
  experimental purposes.

    (b) The minimum distance in feet from liquefied hydrogen systems of 
indicated storage capacity located outdoors, in a separate building, or 
in a special room to any specified exposure shall be in accordance with 
Table H-4.

  Table H-4--Minimum Distance (Feet) From Liquefied Hydrogen Systems to
                             Exposure \1 2\
------------------------------------------------------------------------
                                             Liquefied hydrogen storage
                                                (capacity in gallons)
                                           -----------------------------
             Type of exposure                 39.63
                                              (150    3,501 to   15,001
                                             liters)   15,000      to
                                            to 3,500             30,000
------------------------------------------------------------------------
1. Fire-resistive building and fire walls          5         5         5
 \3\......................................
2. Noncombustible building \3\............        25        50        75
3. Other buildings \3\....................        50        75       100
4. Wall openings, air-compressor intakes,         75        75        75
 inlets for air-conditioning or
 ventilating equipment....................
5. Flammable liquids (above ground and            50        75       100
 vent or fill openings if below ground)
 (see 513 and 514)........................
6. Between stationary liquefied hydrogen           5         5         5
 containers...............................
7. Flammable gas storage..................        50        75       100
8. Liquid oxygen storage and other               100       100       100
 oxidizers (see 513 and 514)..............
9. Combustible solids.....................        50        75       100
10. Open flames, smoking and welding......        50        50        50
11. Concentrations of people..............        75        75        75
------------------------------------------------------------------------
\1\ The distance in Nos. 2, 3, 5, 7, 9, and 12 in Table H-4 may be
  reduced where protective structures, such as firewalls equal to height
  of top of the container, to safeguard the liquefied hydrogen storage
  system, are located between the liquefied hydrogen storage
  installation and the exposure.
\2\ Where protective structures are provided, ventilation and
  confinement of product should be considered. The 5-foot distance in
  Nos. 1 and 6 facilitates maintenance and enhances ventilation.

[[Page 229]]

 
\3\ Refer to Standard Types of Building Construction, NFPA No. 220-1969
  for definitions of various types of construction.
In congested areas such as offices, lunchrooms, locker rooms, time-clock
  areas.

    (iii) Handling of liquefied hydrogen inside buildings other than 
separate buildings and special rooms. Portable liquefied hydrogen 
containers of 50 gallons or less capacity as permitted in Table H-3 and 
in compliance with subdivision (i)(f) of this subparagraph when housed 
inside buildings not located in a special room and exposed to other 
occupancies shall comply with the following minimum requirements:
    (a) Be located 20 feet from flammable liquids and readily 
combustible materials such as excelsior or paper.
    (b) Be located 25 feet from ordinary electrical equipment and other 
sources of ignition including process or analytical equipment.
    (c) Be located 25 feet from concentrations of people.
    (d) Be located 50 feet from intakes of ventilation and air-
conditioning equipment or intakes of compressors.
    (e) Be located 50 feet from storage of other flammable-gases or 
storage of oxidizing gases.
    (f) Containers shall be protected against damage or injury due to 
falling objects or work activity in the area.
    (g) Containers shall be firmly secured and stored in an upright 
position.
    (h) Welding or cutting operations, and smoking shall be prohibited 
while hydrogen is in the room.
    (i) The area shall be adequately ventilated. Safety relief devices 
on the containers shall be vented directly outdoors or to a suitable 
hood. See paragraphs (c)(1)(iv)(b) and (c)(2)(i)(f) of this section.
    (3) Design considerations at specific locations--(i) Outdoor 
locations. (a) Outdoor location shall mean outside of any building or 
structure, and includes locations under a weather shelter or canopy 
provided such locations are not enclosed by more than two walls set at 
right angles and are provided with vent-space between the walls and 
vented roof or canopy.
    (b) Roadways and yard surfaces located below liquefied hydrogen 
piping, from which liquid air may drip, shall be constructed of 
noncombustible materials.
    (c) If protective walls are provided, they shall be constructed of 
noncombustible materials and in accordance with the provisions of 
paragraph (c)(3)(i)(a) of this section.
    (d) Electrical wiring and equipment shall comply with paragraph 
(c)(1)(ix) (a) and (b) of this section.
    (e) Adequate lighting shall be provided for nighttime transfer 
operation.
    (ii) Separate buildings. (a) Separate buildings shall be of light 
noncombustible construction on a substantial frame. Walls and roofs 
shall be lightly fastened and designed to relieve at a maximum internal 
pressure of 25 pounds per square foot. Windows shall be of shatterproof 
glass or plastic in metal frames. Doors shall be located in such a 
manner that they will be readily accessible to personnel in an 
emergency.
    (b) Adequate ventilation to the outdoors shall be provided. Inlet 
openings shall be located near the floor level in exterior walls only. 
Outlet openings shall be located at the high point of the room in 
exterior walls or roof. Both the inlet and outlet vent openings shall 
have a minimum total area of 1 square foot per 1,000 cubic feet of room 
volume. Discharge from outlet openings shall be directed or conducted to 
a safe location.
    (c) There shall be no sources of ignition.
    (d) Electrical wiring and equipment shall comply with paragraphs 
(c)(1)(ix) (a) and (b) of this section except that the provisions of 
paragraph (c)(1)(ix)(b) of this section shall apply to all electrical 
wiring and equipment in the separate building.
    (e) Heating, if provided, shall be by steam, hot water, or other 
indirect means.
    (iii) Special rooms. (a) Floors, walls, and ceilings shall have a 
fire resistance rating of at least 2 hours. Walls or partitions shall be 
continuous from floor to ceiling and shall be securely anchored. At 
least one wall shall be an exterior wall. Openings to other parts of the 
building shall not be permitted. Windows and doors shall be in exterior 
walls and doors shall be located in such a manner that they will be 
accessible in an emergency. Windows shall be of

[[Page 230]]

shatterproof glass or plastic in metal frames.
    (b) Ventilation shall be as provided in paragraph (c)(3)(ii)(b) of 
this section.
    (c) Explosion venting shall be provided in exterior walls or roof 
only. The venting area shall be equal to not less than 1 square foot per 
30 cubic feet of room volume and may consist of any one or any 
combination of the following: Walls of light noncombustible material; 
lightly fastened hatch covers; lightly fastened swinging doors opening 
outward in exterior walls; lightly fastened walls or roofs designed to 
relieve at a maximum pressure of 25 pounds per square foot.
    (d) There shall be no sources of ignition.
    (e) Electrical wiring and equipment shall comply with paragraph 
(c)(1)(ix) (a) and (b) of this section except that the provision of 
paragraph (c)(1)(ix)(b) of this section shall apply to all electrical 
wiring and equipment in the special room.
    (f) Heating, if provided, shall be steam, hot water, or by other 
indirect means.
    (4) Operating instructions--(i) Written instructions. For 
installation which require any operation of equipment by the user, 
legible instructions shall be maintained at operating locations.
    (ii) Attendant. A qualified person shall be in attendance at all 
times while the mobile hydrogen supply unit is being unloaded.
    (iii) Security. Each mobile liquefied hydrogen supply unit used as 
part of a hydrogen system shall be adequately secured to prevent 
movement.
    (iv) Grounding. The mobile liquefied hydrogen supply unit shall be 
grounded for static electricity.
    (5) Maintenance. The equipment and functioning of each charged 
liquefied hydrogen system shall be maintained in a safe operating 
condition in accordance with the requirements of this section. Weeds or 
similar combustibles shall not be permitted within 25 feet of any 
liquefied hydrogen equipment.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978; 
53 FR 12121, Apr. 12, 1988; 55 FR 32015, Aug. 6, 1990; 58 FR 35309, June 
30, 1993; 61 FR 9236, 9237, Mar. 7, 1996; 69 FR 31881, June 8, 2004; 72 
FR 71069, Dec. 14, 2007]



Sec. 1910.104  Oxygen.

    (a) Scope. This section applies to the installation of bulk oxygen 
systems on industrial and institutional consumer premises. This section 
does not apply to oxygen manufacturing plants or other establishments 
operated by the oxygen supplier or his agent for the purpose of storing 
oxygen and refilling portable containers, trailers, mobile supply 
trucks, or tank cars, nor to systems having capacities less than those 
stated in paragraph (b)(1) of this section.
    (b) Bulk oxygen systems--(1) Definition. As used in this section: A 
bulk oxygen system is an assembly of equipment, such as oxygen storage 
containers, pressure regulators, safety devices, vaporizers, manifolds, 
and interconnecting piping, which has storage capacity of more than 
13,000 cubic feet of oxygen, Normal Temperature and Pressure (NTP), 
connected in service or ready for service, or more than 25,000 cubic 
feet of oxygen (NTP) including unconnected reserves on hand at the site. 
The bulk oxygen system terminates at the point where oxygen at service 
pressure first enters the supply line. The oxygen containers may be 
stationary or movable, and the oxygen may be stored as gas or liquid.
    (2) Location--(i) General. Bulk oxygen storage systems shall be 
located above ground out of doors, or shall be installed in a building 
of noncombustible construction, adequately vented, and used for that 
purpose exclusively. The location selected shall be such that containers 
and associated equipment shall not be exposed by electric power lines, 
flammable or combustible liquid lines, or flammable gas lines.
    (ii) Accessibility. The system shall be located so that it is 
readily accessible to mobile supply equipment at ground level and to 
authorized personnel.
    (iii) Leakage. Where oxygen is stored as a liquid, noncombustible 
surfacing shall be provided in an area in which any leakage of liquid 
oxygen might fall during operation of the system and filling of a 
storage container. For purposes of this paragraph, asphaltic or 
bituminous paving is considered to be combustible.

[[Page 231]]

    (iv) Elevation. When locating bulk oxygen systems near above-ground 
flammable or combustible liquid storage which may be either indoors or 
outdoors, it is advisable to locate the system on ground higher than the 
flammable or combustible liquid storage.
    (v) Dikes. Where it is necessary to locate a bulk oxygen system on 
ground lower than adjacent flammable or combustible liquid storage 
suitable means shall be taken (such as by diking, diversion curbs, or 
grading) with respect to the adjacent flammable or combustible liquid 
storage to prevent accumulation of liquids under the bulk oxygen system.
    (3) Distance between systems and exposures--(i) General. The minimum 
distance from any bulk oxygen storage container to exposures, measured 
in the most direct line except as indicated in paragraphs (b)(3) (vi) 
and (viii) of this section, shall be as indicated in paragraphs (b)(3) 
(ii) to (xviii) of this section inclusive.
    (ii) Combustible structures. Fifty feet from any combustible 
structures.
    (iii) Fire resistive structures. Twenty-five feet from any 
structures with fire-resistive exterior walls or sprinklered buildings 
of other construction, but not less than one-half the height of adjacent 
side wall of the structure.
    (iv) Openings. At least 10 feet from any opening in adjacent walls 
of fire resistive structures. Spacing from such structures shall be 
adequate to permit maintenance, but shall not be less than 1 foot.
    (v) Flammable liquid storage above-ground.

------------------------------------------------------------------------
              Distance (feet)                    Capacity (gallons)
------------------------------------------------------------------------
50........................................  0 to 1000.
90........................................  1001 or more.
------------------------------------------------------------------------

    (vi) Flammable liquid storage below-ground.

------------------------------------------------------------------------
                                     Distance from
                                    oxygen storage
                                     container to
 Distance measured horizontally    filling and vent
from oxygen storage container to    connections or     Capacity gallons
  flammable liquid tank (feet)        openings to
                                   flammable liquid
                                      tank (feet)
------------------------------------------------------------------------
15..............................  50................  0 to 1000.
30..............................  50................  1001 or more.
------------------------------------------------------------------------

    (vii) Combustible liquid storage above-ground.

------------------------------------------------------------------------
              Distance (feet)                    Capacity (gallons)
------------------------------------------------------------------------
25........................................  0 to 1000.
50........................................  1001 or more.
------------------------------------------------------------------------

    (viii) Combustible liquid storage belowground.

------------------------------------------------------------------------
                                            Distance from oxygen storage
Distance measured horizontally from oxygen    container to filling and
  storage container to combustible liquid   vent connections or openings
                tank (feet)                  to combustible liquid tank
                                                       (feet)
------------------------------------------------------------------------
15........................................  40.
------------------------------------------------------------------------

    (ix) Flammable gas storage. (Such as compressed flammable gases, 
liquefied flammable gases and flammable gases in low pressure gas 
holders):

------------------------------------------------------------------------
              Distance (feet)                  Capacity (cu. ft. NTP)
------------------------------------------------------------------------
50........................................  Less than 5000.
90........................................  5000 or more.
------------------------------------------------------------------------

    (x) Highly combustible materials. Fifty feet from solid materials 
which burn rapidly, such as excelsior or paper.
    (xi) Slow-burning materials. Twenty-five feet from solid materials 
which burn slowly, such as coal and heavy timber.
    (xii) Ventilation. Seventy-five feet in one direction and 35 feet in 
approximately 90 deg. direction from confining walls (not including 
firewalls less than 20 feet high) to provide adequate ventilation in 
courtyards and similar confining areas.
    (xiii) Congested areas. Twenty-five feet from congested areas such 
as offices, lunchrooms, locker rooms, time clock areas, and similar 
locations where people may congregate.
    (xiv)-(xvii) [Reserved]
    (xviii) Exceptions. The distances in paragraphs (b)(3) (ii), (iii), 
(v) to (xi) inclusive, of this section do not apply where protective 
structures such as firewalls of adequate height to safeguard the oxygen 
storage systems are located between the bulk oxygen storage installation 
and the exposure. In such cases, the bulk oxygen storage installation 
may be a minimum distance of 1 foot from the firewall.
    (4) Storage containers--(i) Foundations and supports. Permanently 
installed containers shall be provided with substantial noncombustible 
supports on firm noncombustible foundations.

[[Page 232]]

    (ii) Construction--liquid. Liquid oxygen storage containers shall be 
fabricated from materials meeting the impact test requirements of 
paragraph UG-84 of ASME Boiler and Pressure Vessel Code, section VIII--
Unfired Pressure Vessels--1968, which is incorporated by reference as 
specified in Sec. 1910.6. Containers operating at pressures above 15 
pounds per square inch gage (p.s.i.g.) shall be designed, constructed, 
and tested in accordance with appropriate requirements of ASME Boiler 
and Pressure Vessel Code, section VII--Unfired Pressure Vessels--1968. 
Insulation surrounding the liquid oxygen container shall be 
noncombustible.
    (iii) Construction--gaseous. High- pressure gaseous oxygen 
containers shall comply with one of the following:
    (a) Designed, constructed, and tested in accordance with appropriate 
requirements of ASME Boiler and Pressure Vessel Code, Section VIII--
Unfired Pressure Vessels--1968.
    (b) Designed, constructed, tested, and maintained in accordance with 
DOT Specifications and Regulations.
    (5) Piping, tubing, and fittings--(i) Selection. Piping, tubing, and 
fittings shall be suitable for oxygen service and for the pressures and 
temperatures involved.
    (ii) Specification. Piping and tubing shall conform to section 2--
Gas and Air Piping Systems of Code for Pressure Piping, ANSI, B31.1-1967 
with addenda B31.10a-1969, which is incorporated by reference as 
specified in Sec. 1910.6.
    (iii) Fabrication. Piping or tubing for operating temperatures below 
-20  deg.F. shall be fabricated from materials meeting the impact test 
requirements of paragraph UG-84 of ASME Boiler and Pressure Vessel Code, 
Section VIII--Unfired Pressure Vessels--1968, when tested at the minimum 
operating temperature to which the piping may be subjected in service.
    (6) Safety relief devices--(i) General. Bulk oxygen storage 
containers, regardless of design pressure shall be equipped with safety 
relief devices as required by the ASME code or the DOT specifications 
and regulations.
    (ii) DOT containers. Bulk oxygen storage containers designed and 
constructed in accordance with DOT specification shall be equipped with 
safety relief devices as required thereby.
    (iii) ASME containers. Bulk oxygen storage containers designed and 
constructed in accordance with the ASME Boiler and Pressure Vessel Code, 
section VIII--Unfired Pressure Vessel--1968 shall be equipped with 
safety relief devices meeting the provisions of the Compressed Gas 
Association Pamphlet ``Safety Relief Device Standards for Compressed Gas 
Storage Containers,'' S-1, part 3, which is incorporated by reference as 
specified in Sec. 1910.6.
    (iv) Insulation. Insulation casings on liquid oxygen containers 
shall be equipped with suitable safety relief devices.
    (v) Reliability. All safety relief devices shall be so designed or 
located that moisture cannot collect and freeze in a manner which would 
interfere with proper operation of the device.
    (7) Liquid oxygen vaporizers--(i) Mounts and couplings. The 
vaporizer shall be anchored and its connecting piping be sufficiently 
flexible to provide for the effect of expansion and contraction due to 
temperature changes.
    (ii) Relief devices. The vaporizer and its piping shall be 
adequately protected on the oxygen and heating medium sections with 
safety relief devices.
    (iii) Heating. Heat used in an oxygen vaporizer shall be indirectly 
supplied only through media such as steam, air, water, or water 
solutions which do not react with oxygen.
    (iv) Grounding. If electric heaters are used to provide the primary 
source of heat, the vaporizing system shall be electrically grounded.
    (8) Equipment assembly and installation--(i) Cleaning. Equipment 
making up a bulk oxygen system shall be cleaned in order to remove oil, 
grease or other readily oxidizable materials before placing the system 
in service.
    (ii) Joints. Joints in piping and tubing may be made by welding or 
by use of flanged, threaded, slip, or compression fittings. Gaskets or 
thread sealants shall be suitable for oxygen service.
    (iii) Accessories. Valves, gages, regulators, and other accessories 
shall be suitable for oxygen service.
    (iv) Installation. Installation of bulk oxygen systems shall be 
supervised by

[[Page 233]]

personnel familiar with proper practices with reference to their 
construction and use.
    (v) Testing. After installation all field erected piping shall be 
tested and proved gas tight at maximum operating pressure. Any medium 
used for testing shall be oil free and nonflammable.
    (vi) Security. Storage containers, piping, valves, regulating 
equipment, and other accessories shall be protected against physical 
damage and against tampering.
    (vii) Venting. Any enclosure containing oxygen control or operating 
equipment shall be adequately vented.
    (viii) Placarding. The bulk oxygen storage location shall be 
permanently placarded to indicate: ``OXYGEN--NO SMOKING--NO OPEN 
FLAMES'', or an equivalent warning.
    (ix) Electrical wiring. Bulk oxygen installations are not hazardous 
locations as defined and covered in subpart S of this part. Therefore, 
general purpose or weatherproof types of electrical wiring and equipment 
are acceptable depending upon whether the installation is indoors or 
outdoors. Such equipment shall be installed in accordance with the 
applicable provisions of subpart S of this part.
    (9) Operating instructions. For installations which require any 
operation of equipment by the user, legible instructions shall be 
maintained at operating locations.
    (10) Maintenance. The equipment and functioning of each charged bulk 
oxygen system shall be maintained in a safe operating condition in 
accordance with the requirements of this section. Wood and long dry 
grass shall be cut back within 15 feet of any bulk oxygen storage 
container.

[39 FR 23502, June 27, 1974, as amended at 43 FR 49746, Oct. 24, 1978; 
61 FR 9237, Mar. 7, 1996]



Sec. 1910.105  Nitrous oxide.

    The piped systems for the in-plant transfer and distribution of 
nitrous oxide shall be designed, installed, maintained, and operated in 
accordance with Compressed Gas Association Pamphlet G-8.1-1964, which is 
incorporated by reference as specified in Sec. 1910.6.

[39 FR 23502, June 27, 1974, as amended at 61 FR 9237, Mar. 7, 1996]



Sec. 1910.106  Flammable liquids.

    (a) Definitions. As used in this section:
    (1) Aerosol shall mean a material which is dispensed from its 
container as a mist, spray, or foam by a propellant under pressure.
    (2) Atmospheric tank shall mean a storage tank which has been 
designed to operate at pressures from atmospheric through 0.5 p.s.i.g.
    (3) Automotive service station shall mean that portion of property 
where flammable liquids used as motor fuels are stored and dispensed 
from fixed equipment into the fuel tanks of motor vehicles and shall 
include any facilities available for the sale and service of tires, 
batteries, and accessories, and for minor automotive maintenance work. 
Major automotive repairs, painting, body and fender work are excluded.
    (4) Basement shall mean a story of a building or structure having 
one-half or more of its height below ground level and to which access 
for fire fighting purposes is unduly restricted.
    (5) Boiling point shall mean the boiling point of a liquid at a 
pressure of 14.7 pounds per square inch absolute (p.s.i.a.) (760 mm.). 
Where an accurate boiling point is unavailable for the material in 
question, or for mixtures which do not have a constant boiling point, 
for purposes of this section the 10 percent point of a distillation 
performed in accordance with the Standard Method of Test for 
Distillation of Petroleum Products, ASTM D-86-62, which is incorporated 
by reference as specified in Sec. 1910.6, may be used as the boiling 
point of the liquid.
    (6) Boilover shall mean the expulsion of crude oil (or certain other 
liquids) from a burning tank. The light fractions of the crude oil 
burnoff producing a heat wave in the residue, which on reaching a water 
strata may result in the expulsion of a portion of the contents of the 
tank in the form of froth.
    (7) Bulk plant shall mean that portion of a property where flammable 
liquids are received by tank vessel, pipelines, tank car, or tank 
vehicle, and are

[[Page 234]]

stored or blended in bulk for the purpose of distributing such liquids 
by tank vessel, pipeline, tank car, tank vehicle, or container.
    (8) Chemical plant shall mean a large integrated plant or that 
portion of such a plant other than a refinery or distillery where 
flammable liquids are produced by chemical reactions or used in chemical 
reactions.
    (9) Closed container shall mean a container as herein defined, so 
sealed by means of a lid or other device that neither liquid nor vapor 
will escape from it at ordinary temperatures.
    (10) Crude petroleum shall mean hydrocarbon mixtures that have a 
flash point below 150  deg.F. and which have not been processed in a 
refinery.
    (11) Distillery shall mean a plant or that portion of a plant where 
flammable liquids produced by fermentation are concentrated, and where 
the concentrated products may also be mixed, stored, or packaged.
    (12) Fire area shall mean an area of a building separated from the 
remainder of the building by construction having a fire resistance of at 
least 1 hour and having all communicating openings properly protected by 
an assembly having a fire resistance rating of at least 1 hour.
    (13) Flammable aerosol shall mean a flammable aerosol as defined by 
Appendix B to Sec. 1910.1200--Physical Hazard Criteria. For the purposes 
of paragraph (d) of this section, such aerosols are considered Category 
1 flammable liquids.
    (14) Flashpoint means the minimum temperature at which a liquid 
gives off vapor within a test vessel in sufficient concentration to form 
an ignitable mixture with air near the surface of the liquid, and shall 
be determined as follows:
    (i) For a liquid which has a viscosity of less than 45 SUS at 100 
deg.F (37.8  deg.C), does not contain suspended solids, and does not 
have a tendency to form a surface film while under test, the procedure 
specified in the Standard Method of Test for Flashpoint by Tag Closed 
Tester (ASTM D-56-70), which is incorporated by reference as specified 
in Sec. 1910.6, or an equivalent test method as defined in Appendix B to 
Sec. 1910.1200--Physical Hazard Criteria, shall be used.
    (ii) For a liquid which has a viscosity of 45 SUS or more at 100 
deg.F (37.8  deg.C), or contains suspended solids, or has a tendency to 
form a surface film while under test, the Standard Method of Test for 
Flashpoint by Pensky-Martens Closed Tester (ASTM D-93-71) or an 
equivalent method as defined by Appendix B to Sec. 1910.1200--Physical 
Hazard Criteria, shall be used except that the methods specified in Note 
1 to section 1.1 of ASTM D-93-71 may be used for the respective 
materials specified in the Note. The preceding ASTM standard is 
incorporated by reference as specified in Sec. 1910.6.
    (iii) For a liquid that is a mixture of compounds that have 
different volatilities and flashpoints, its flashpoint shall be 
determined by using the procedure specified in paragraph (a)(14)(i) or 
(ii) of this section on the liquid in the form it is shipped.
    (iv) Organic peroxides, which undergo autoaccelerating thermal 
decomposition, are excluded from any of the flashpoint determination 
methods specified in this subparagraph.
    (15) Hotel shall mean buildings or groups of buildings under the 
same management in which there are sleeping accommodations for hire, 
primarily used by transients who are lodged with or without meals 
including but not limited to inns, clubs, motels, and apartment hotels.
    (16) Institutional occupancy shall mean the occupancy or use of a 
building or structure or any portion thereof by persons harbored or 
detained to receive medical, charitable or other care or treatment, or 
by persons involuntarily detained.
    (17) Liquid shall mean, for the purpose of this section, any 
material which has a fluidity greater than that of 300 penetration 
asphalt when tested in accordance with ASTM Test for Penetration for 
Bituminous Materials, D-5-65, which is incorporated by reference as 
specified in Sec. 1910.6.
    (18) [Reserved]
    (19) Flammable liquid means any liquid having a flashpoint at or 
below 199.4  deg.F (93  deg.C). Flammable liquids are divided into four 
categories as follows:
    (i) Category 1 shall include liquids having flashpoints below 73.4 
deg.F (23  deg.C)

[[Page 235]]

and having a boiling point at or below 95  deg.F (35  deg.C).
    (ii) Category 2 shall include liquids having flashpoints below 73.4 
deg.F (23  deg.C) and having a boiling point above 95  deg.F (35 
deg.C).
    (iii) Category 3 shall include liquids having flashpoints at or 
above 73.4  deg.F (23  deg.C) and at or below 140  deg.F (60  deg.C). 
When a Category 3 liquid with a flashpoint at or above 100  deg.F (37.8 
deg.C) is heated for use to within 30  deg.F (16.7  deg.C) of its 
flashpoint, it shall be handled in accordance with the requirements for 
a Category 3 liquid with a flashpoint below 100  deg.F (37.8  deg.C).
    (iv) Category 4 shall include liquids having flashpoints above 140 
deg.F (60  deg.C) and at or below 199.4  deg.F (93  deg.C). When a 
Category 4 flammable liquid is heated for use to within 30  deg.F (16.7 
deg.C) of its flashpoint, it shall be handled in accordance with the 
requirements for a Category 3 liquid with a flashpoint at or above 100 
deg.F (37.8  deg.C).
    (v) When liquid with a flashpoint greater than 199.4  deg.F (93 
deg.C) is heated for use to within 30  deg.F (16.7  deg.C) of its 
flashpoint, it shall be handled in accordance with the requirements for 
a Category 4 flammable liquid.
    (20) Unstable (reactive) liquid shall mean a liquid which in the 
pure state or as commercially produced or transported will vigorously 
polymerize, decompose, condense, or will become self-reactive under 
conditions of shocks, pressure, or temperature.
    (21) Low-pressure tank shall mean a storage tank which has been 
designed to operate at pressures above 0.5 p.s.i.g. but not more than 15 
p.s.i.g.
    (22) Marine service station shall mean that portion of a property 
where flammable liquids used as fuels are stored and dispensed from 
fixed equipment on shore, piers, wharves, or floating docks into the 
fuel tanks of self-propelled craft, and shall include all facilities 
used in connection therewith.
    (23) Mercantile occupancy shall mean the occupancy or use of a 
building or structure or any portion thereof for the displaying, 
selling, or buying of goods, wares, or merchandise.
    (24) Office occupancy shall mean the occupancy or use of a building 
or structure or any portion thereof for the transaction of business, or 
the rendering or receiving of professional services.
    (25) Portable tank shall mean a closed container having a liquid 
capacity over 60 U.S. gallons and not intended for fixed installation.
    (26) Pressure vessel shall mean a storage tank or vessel which has 
been designed to operate at pressures above 15 p.s.i.g.
    (27) Protection for exposure shall mean adequate fire protection for 
structures on property adjacent to tanks, where there are employees of 
the establishment.
    (28) Refinery shall mean a plant in which flammable liquids are 
produced on a commercial scale from crude petroleum, natural gasoline, 
or other hydrocarbon sources.
    (29) Safety can shall mean an approved container, of not more than 5 
gallons capacity, having a spring-closing lid and spout cover and so 
designed that it will safely relieve internal pressure when subjected to 
fire exposure.
    (30) Vapor pressure shall mean the pressure, measured in pounds per 
square inch (absolute) exerted by a volatile liquid as determined by the 
``Standard Method of Test for Vapor Pressure of Petroleum Products (Reid 
Method),'' American Society for Testing and Materials ASTM D323-68, 
which is incorporated by reference as specified in Sec. 1910.6.
    (31) Ventilation as specified in this section is for the prevention 
of fire and explosion. It is considered adequate if it is sufficient to 
prevent accumulation of significant quantities of vapor-air mixtures in 
concentration over one-fourth of the lower flammable limit.
    (32) Storage: Flammable liquids shall be stored in a tank or in a 
container that complies with paragraph (d)(2) of this section.
    (33) Barrel shall mean a volume of 42 U.S. gallons.
    (34) Container shall mean any can, barrel, or drum.
    (35) Approved unless otherwise indicated, approved, or listed by a 
nationally recognized testing laboratory. Refer to Sec. 1910.7 for 
definition of nationally recognized testing laboratory.
    (36) Listed see ``approved'' in Sec. 1910.106(a)(35).

[[Page 236]]

    (37) SUS means Saybolt Universal Seconds as determined by the 
Standard Method of Test for Saybolt Viscosity (ASTM D-88-56), and may be 
determined by use of the SUS conversion tables specified in ASTM Method 
D2161-66 following determination of viscosity in accordance with the 
procedures specified in the Standard Method of Test for Viscosity of 
Transparent and Opaque Liquids (ASTM D445-65).
    (38) Viscous means a viscosity of 45 SUS or more.
    (b) Tank storage--(1) Design and construction of tanks--(i) 
Materials. (a) Tanks shall be built of steel except as provided in 
paragraphs (b)(1)(i) (b) through (e) of this section.
    (b) Tanks may be built of materials other than steel for 
installation underground or if required by the properties of the liquid 
stored. Tanks located above ground or inside buildings shall be of 
noncombustible construction.
    (c) Tanks built of materials other than steel shall be designed to 
specifications embodying principles recognized as good engineering 
design for the material used.
    (d) Unlined concrete tanks may be used for storing flammable liquids 
having a gravity of 40 deg. API or heavier. Concrete tanks with special 
lining may be used for other services provided the design is in 
accordance with sound engineering practice.
    (e) [Reserved]
    (f) Special engineering consideration shall be required if the 
specific gravity of the liquid to be stored exceeds that of water or if 
the tanks are designed to contain flammable liquids at a liquid 
temperature below 0  deg.F.
    (ii) Fabrication. (a) [Reserved]
    (b) Metal tanks shall be welded, riveted, and caulked, brazed, or 
bolted, or constructed by use of a combination of these methods. Filler 
metal used in brazing shall be nonferrous metal or an alloy having a 
melting point above 1000  deg.F. and below that of the metal joined.
    (iii) Atmospheric tanks. (a) Atmospheric tanks shall be built in 
accordance with acceptable good standards of design. Atmospheric tanks 
may be built in accordance with the following consensus standards that 
are incorporated by reference as specified in Sec. 1910.6:
    (1) Underwriters' Laboratories, Inc., Subjects No. 142, Standard for 
Steel Aboveground Tanks for Flammable and Combustible Liquids, 1968; No. 
58, Standard for Steel Underground Tanks for Flammable and Combustible 
Liquids, Fifth Edition, December 1961; or No. 80, Standard for Steel 
Inside Tanks for Oil-Burner Fuel, September 1963.
    (2) American Petroleum Institute Standards No. 650, Welded Steel 
Tanks for Oil Storage, Third Edition, 1966.
    (3) American Petroleum Institute Standards No. 12B, Specification 
for Bolted Production Tanks, Eleventh Edition, May 1958, and Supplement 
1, March 1962; No. 12D, Specification for Large Welded Production Tanks, 
Seventh Edition, August 1957; or No. 12F, Specification for Small Welded 
Production Tanks, Fifth Edition, March 1961. Tanks built in accordance 
with these standards shall be used only as production tanks for storage 
of crude petroleum in oil-producing areas.
    (b) Tanks designed for underground service not exceeding 2,500 
gallons capacity may be used aboveground.
    (c) Low-pressure tanks and pressure vessels may be used as 
atmospheric tanks.
    (d) Atmospheric tanks shall not be used for the storage of a 
flammable liquid at a temperature at or above its boiling point.
    (iv) Low pressure tanks. (a) The normal operating pressure of the 
tank shall not exceed the design pressure of the tank.
    (b) Low-pressure tanks shall be built in accordance with acceptable 
standards of design. Low-pressure tanks may be built in accordance with 
the following consensus standards that are incorporated by reference as 
specified in Sec. 1910.6:
    (1) American Petroleum Institute Standard No. 620. Recommended Rules 
for the Design and Construction of Large, Welded, Low-Pressure Storage 
Tanks, Third Edition, 1966.
    (2) The principles of the Code for Unfired Pressure Vessels, Section 
VIII of the ASME Boiler and Pressure Vessels Code, 1968.
    (c) Atmospheric tanks built according to Underwriters' Laboratories, 
Inc., requirements in subdivision (iii)(a) of

[[Page 237]]

and shall be limited to 2.5 p.s.i.g. under emergency venting conditions.

This paragraph may be used for operating pressures not exceeding 1 
p.s.i.g.
    (d) Pressure vessels may be used as low-pressure tanks.
    (v) Pressure vessels. (a) The normal operating pressure of the 
vessel shall not exceed the design pressure of the vessel.
    (b) Pressure vessels shall be built in accordance with the Code for 
Unfired Pressure Vessels, Section VIII of the ASME Boiler and Pressure 
Vessel Code 1968.
    (vi) Provisions for internal corrosion. When tanks are not designed 
in accordance with the American Petroleum Institute, American Society of 
Mechanical Engineers, or the Underwriters' Laboratories, Inc.'s, 
standards, or if corrosion is anticipated beyond that provided for in 
the design formulas used, additional metal thickness or suitable 
protective coatings or linings shall be provided to compensate for the 
corrosion loss expected during the design life of the tank.
    (2) Installation of outside aboveground tanks.
    (i) [Reserved]
    (ii) Spacing (shell-to-shell) between aboveground tanks. (a) The 
distance between any two flammable liquid storage tanks shall not be 
less than 3 feet.
    (b) Except as provided in paragraph (b)(2)(ii)(c) of this section, 
the distance between any two adjacent tanks shall not be less than one-
sixth the sum of their diameters. When the diameter of one tank is less 
than one-half the diameter of the adjacent tank, the distance between 
the two tanks shall not be less than one-half the diameter of the 
smaller tank.
    (c) Where crude petroleum in conjunction with production facilities 
are located in noncongested areas and have capacities not exceeding 
126,000 gallons (3,000 barrels), the distance between such tanks shall 
not be less than 3 feet.
    (d) Where unstable flammable liquids are stored, the distance 
between such tanks shall not be less than one-half the sum of their 
diameters.
    (e) When tanks are compacted in three or more rows or in an 
irregular pattern, greater spacing or other means shall be provided so 
that inside tanks are accessible for firefighting purposes.
    (f) The minimum separation between a liquefied petroleum gas 
container and a flammable liquid storage tank shall be 20 feet, except 
in the case of flammable liquid tanks operating at pressures exceeding 
2.5 p.s.i.g. or equipped with emergency venting which will permit 
pressures to exceed 2.5 p.s.i.g. in which case the provisions of 
subdivisions (a) and (b) of this subdivision shall apply. Suitable means 
shall be taken to prevent the accumulation of flammable liquids under 
adjacent liquefied petroleum gas containers such as by diversion curbs 
or grading. When flammable liquid storage tanks are within a diked area, 
the liquefied petroleum gas containers shall be outside the diked area 
and at least 10 feet away from the centerline of the wall of the diked 
area. The foregoing provisions shall not apply when liquefied petroleum 
gas containers of 125 gallons or less capacity are installed adjacent to 
fuel oil supply tanks of 550 gallons or less capacity.
    (iii) [Reserved]
    (iv) Normal venting for aboveground tanks. (a) Atmospheric storage 
tanks shall be adequately vented to prevent the development of vacuum or 
pressure sufficient to distort the roof of a cone roof tank or exceeding 
the design pressure in the case of other atmospheric tanks, as a result 
of filling or emptying, and atmospheric temperature changes.
    (b) Normal vents shall be sized either in accordance with: (1) The 
American Petroleum Institute Standard 2000 (1968), Venting Atmospheric 
and Low-Pressure Storage Tanks, which is incorporated by reference as 
specified in Sec. 1910.6; or (2) other accepted standard; or (3) shall 
be at least as large as the filling or withdrawal connection, whichever 
is larger but in no case less than 1\1/4\ inch nominal inside diameter.
    (c) Low-pressure tanks and pressure vessels shall be adequately 
vented to prevent development of pressure or vacuum, as a result of 
filling or emptying and atmospheric temperature changes, from exceeding 
the design pressure of the tank or vessel. Protection shall also be 
provided to prevent overpressure from any pump

[[Page 238]]

discharging into the tank or vessel when the pump discharge pressure can 
exceed the design pressure of the tank or vessel.
    (d) If any tank or pressure vessel has more than one fill or 
withdrawal connection and simultaneous filling or withdrawal can be 
made, the vent size shall be based on the maximum anticipated 
simultaneous flow.
    (e) Unless the vent is designed to limit the internal pressure 2.5 
p.s.i. or less, the outlet of vents and vent drains shall be arranged to 
discharge in such a manner as to prevent localized overheating of any 
part of the tank in the event vapors from such vents are ignited.
    (f)(1) Tanks and pressure vessels storing Category 1 flammable 
liquids shall be equipped with venting devices which shall be normally 
closed except when venting to pressure or vacuum conditions. Tanks and 
pressure vessels storing Category 2 flammable liquids and Category 3 
flammable liquids with a flashpoint below 100  deg.F (37.8  deg.C) shall 
be equipped with venting devices which shall be normally closed except 
when venting under pressure or vacuum conditions, or with approved flame 
arresters.
    (2) Exemption: Tanks of 3,000 bbls (barrels). capacity or less 
containing crude petroleum in crude-producing areas and outside 
aboveground atmospheric tanks under 1,000 gallons capacity containing 
other than Category 1 flammable liquids may have open vents. (See 
paragraph (b)(2)(vi)(b) of this section.)
    (g) Flame arresters or venting devices required in paragraph 
(b)(2)(iv)(f) of this section may be omitted for Category 2 flammable 
liquids and Category 3 flammable liquids with a flashpoint below 100 
deg.F (37.8  deg.C) where conditions are such that their use may, in 
case of obstruction, result in tank damage.
    (v) Emergency relief venting for fire exposure for aboveground 
tanks. (a) Every aboveground storage tank shall have some form of 
construction or device that will relieve excessive internal pressure 
caused by exposure fires.
    (b) In a vertical tank the construction referred to in subdivision 
(a) of this subdivision may take the form of a floating roof, lifter 
roof, a weak roof-to-shell seam, or other approved pressure relieving 
construction. The weak roof-to-shell seam shall be constructed to fail 
preferential to any other seam.
    (c) Where entire dependence for emergency relief is placed upon 
pressure relieving devices, the total venting capacity of both normal 
and emergency vents shall be enough to prevent rupture of the shell or 
bottom of the tank if vertical, or of the shell or heads if horizontal. 
If unstable liquids are stored, the effects of heat or gas resulting 
from polymerization, decomposition, condensation, or self-reactivity 
shall be taken into account. The total capacity of both normal and 
emergency venting devices shall be not less than that derived from Table 
H-10 except as provided in subdivision (e) or (f) of this subdivision. 
Such device may be a self-closing manhole cover, or one using long bolts 
that permit the cover to lift under internal pressure, or an additional 
or larger relief valve or valves. The wetted area of the tank shall be 
calculated on the basis of 55 percent of the total exposed area of a 
sphere or spheroid, 75 percent of the total exposed area of a horizontal 
tank and the first 30 feet above grade of the exposed shell area of a 
vertical tank.

       Table H-10--Wetted Area Versus Cubic Feet Free Air Per Hour
                          [14.7 psia and 60 F.]
------------------------------------------------------------------------
                            Square                  Square
Square feet      CFH         feet         CFH        feet         CFH
------------------------------------------------------------------------
        20       21,100         200     211,000       1,000     524,000
        30       31,600         250     239,000       1,200     557,000
        40       42,100         300     265,000       1,400     587,000
        50       52,700         350     288,000       1,600     614,000
        60       63,200         400     312,000       1,800     639,000
        70       73,700         500     354,000       2,000     662,000
        80       84,200         600     392,000       2,400     704,000
        90       94,800         700     428,000       2,800     742,000
       100      105,000         800     462,000         and
       120      126,000         900     493,000        over

[[Page 239]]

 
       140      147,000       1,000     524,000
       160      168,000
       180      190,000
       200      211,000
------------------------------------------------------------------------

    (d) For tanks and storage vessels designed for pressure over 1 
p.s.i.g., the total rate of venting shall be determined in accordance 
with Table H-10, except that when the exposed wetted area of the surface 
is greater than 2,800 square feet, the total rate of venting shall be 
calculated by the following formula:

CFH = 1,107A \0.82\

Where;

CFH = Venting requirement, in cubic feet of free air per hour.
A = Exposed wetted surface, in square feet.

    Note: The foregoing formula is based on Q = 21,000A\0.82\.

    (e) The total emergency relief venting capacity for any specific 
stable liquid may be determined by the following formula:

V = 1337  L|M

V = Cubic feet of free air per hour from Table H-10.
L = Latent heat of vaporization of specific liquid in B.t.u. per pound.
M = Molecular weight of specific liquids.

    (f) The required airflow rate of subdivision (c) or (e) of this 
subdivision may be multiplied by the appropriate factor listed in the 
following schedule when protection is provided as indicated. Only one 
factor may be used for any one tank.

    0.5 for drainage in accordance with subdivision (vii)(b) of this 
subparagraph for tanks over 200 square feet of wetted area.
    0.3 for approved water spray.
    0.3 for approved insulation.
    0.15 for approved water spray with approved insulation.

    (g) The outlet of all vents and vent drains on tanks equipped with 
emergency venting to permit pressures exceeding 2.5 p.s.i.g. shall be 
arranged to discharge in such a way as to prevent localized overheating 
of any part of the tank, in the event vapors from such vents are 
ignited.
    (h) Each commercial tank venting device shall have stamped on it the 
opening pressure, the pressure at which the valve reaches the full open 
position, and the flow capacity at the latter pressure, expressed in 
cubic feet per hour of air at 60  deg.F. and at a pressure of 14.7 
p.s.i.a.
    (i) The flow capacity of tank venting devices 12 inches and smaller 
in nominal pipe size shall be determined by actual test of each type and 
size of vent. These flow tests may be conducted by the manufacturer if 
certified by a qualified impartial observer, or may be conducted by an 
outside agency. The flow capacity of tank venting devices larger than 12 
inches nominal pipe size, including manhole covers with long bolts or 
equivalent, may be calculated provided that the opening pressure is 
actually measured, the rating pressure and corresponding free orifice 
area are stated, the word ``calculated'' appears on the nameplate, and 
the computation is based on a flow coefficient of 0.5 applied to the 
rated orifice area.
    (vi) Vent piping for aboveground tanks. (a) Vent piping shall be 
constructed in accordance with paragraph (c) of this section.
    (b) Where vent pipe outlets for tanks storing Category 1 or 2 
flammable liquids, or Category 3 flammable liquids with a flashpoint 
below 100  deg.F (37.8  deg.C), are adjacent to buildings or public 
ways, they shall be located so that the vapors are released at a safe 
point outside of buildings and not less than 12 feet above the adjacent 
ground level. In order to aid their dispersion, vapors shall be 
discharged upward or horizontally away from closely adjacent walls. Vent 
outlets shall be located so that flammable vapors will not be trapped by 
eaves or other obstructions

[[Page 240]]

and shall be at least five feet from building openings.
    (c) When tank vent piping is manifolded, pipe sizes shall be such as 
to discharge, within the pressure limitations of the system, the vapors 
they may be required to handle when manifolded tanks are subject to the 
same fire exposure.
    (vii) Drainage, dikes, and walls for aboveground tanks--(a) Drainage 
and diked areas. The area surrounding a tank or a group of tanks shall 
be provided with drainage as in subdivision (b) of this subdivision, or 
shall be diked as provided in subdivision (c) of this subdivision, to 
prevent accidental discharge of liquid from endangering adjoining 
property or reaching waterways.
    (b) Drainage. Where protection of adjoining property or waterways is 
by means of a natural or manmade drainage system, such systems shall 
comply with the following:
    (1) [Reserved]
    (2) The drainage system shall terminate in vacant land or other area 
or in an impounding basin having a capacity not smaller than that of the 
largest tank served. This termination area and the route of the drainage 
system shall be so located that, if the flammable liquids in the 
drainage system are ignited, the fire will not seriously expose tanks or 
adjoining property.
    (c) Diked areas. Where protection of adjoining property or waterways 
is accomplished by retaining the liquid around the tank by means of a 
dike, the volume of the diked area shall comply with the following 
requirements:
    (1) Except as provided in subdivision (2) of this subdivision, the 
volumetric capacity of the diked area shall not be less than the 
greatest amount of liquid that can be released from the largest tank 
within the diked area, assuming a full tank. The capacity of the diked 
area enclosing more than one tank shall be calculated by deducting the 
volume of the tanks other than the largest tank below the height of the 
dike.
    (2) For a tank or group of tanks with fixed roofs containing crude 
petroleum with boilover characteristics, the volumetric capacity of the 
diked area shall be not less than the capacity of the largest tank 
served by the enclosure, assuming a full tank. The capacity of the diked 
enclosure shall be calculated by deducting the volume below the height 
of the dike of all tanks within the enclosure.
    (3) Walls of the diked area shall be of earth, steel, concrete or 
solid masonry designed to be liquidtight and to withstand a full 
hydrostatic head. Earthen walls 3 feet or more in height shall have a 
flat section at the top not less than 2 feet wide. The slope of an 
earthen wall shall be consistent with the angle of repose of the 
material of which the wall is constructed.
    (4) The walls of the diked area shall be restricted to an average 
height of 6 feet above interior grade.
    (5) [Reserved]
    (6) No loose combustible material, empty or full drum or barrel, 
shall be permitted within the diked area.
    (viii) Tank openings other than vents for aboveground tanks.
    (a)-(c) [Reserved]
    (d) Openings for gaging shall be provided with a vaportight cap or 
cover.
    (e) For Category 2 flammable liquids and Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), other than 
crude oils, gasolines, and asphalts, the fill pipe shall be so designed 
and installed as to minimize the possibility of generating static 
electricity. A fill pipe entering the top of a tank shall terminate 
within 6 inches of the bottom of the tank and shall be installed to 
avoid excessive vibration.
    (f) Filling and emptying connections which are made and broken shall 
be located outside of buildings at a location free from any source of 
ignition and not less than 5 feet away from any building opening. Such 
connection shall be closed and liquidtight when not in use. The 
connection shall be properly identified.
    (3) Installation of underground tanks-- (i) Location. Excavation for 
underground storage tanks shall be made with due care to avoid 
undermining of foundations of existing structures. Underground tanks or 
tanks under buildings shall be so located with respect to existing 
building foundations and supports that the loads carried by the latter 
cannot be transmitted to the tank.

[[Page 241]]

The distance from any part of a tank storing Category 1 or 2 flammable 
liquids, or Category 3 flammable liquids with a flashpoint below 100 
deg.F (37.8  deg.C), to the nearest wall of any basement or pit shall be 
not less than 1 foot, and to any property line that may be built upon, 
not less than 3 feet. The distance from any part of a tank storing 
Category 3 flammable liquids with a flashpoint at or above 100  deg.F 
(37.8  deg.C) or Category 4 flammable liquids to the nearest wall of any 
basement, pit or property line shall be not less than 1 foot.
    (ii) Depth and cover. Underground tanks shall be set on firm 
foundations and surrounded with at least 6 inches of noncorrosive, inert 
materials such as clean sand, earth, or gravel well tamped in place. The 
tank shall be placed in the hole with care since dropping or rolling the 
tank into the hole can break a weld, puncture or damage the tank, or 
scrape off the protective coating of coated tanks. Tanks shall be 
covered with a minimum of 2 feet of earth, or shall be covered with not 
less than 1 foot of earth, on top of which shall be placed a slab of 
reinforced concrete not less than 4 inches thick. When underground tanks 
are, or are likely to be, subject to traffic, they shall be protected 
against damage from vehicles passing over them by at least 3 feet of 
earth cover, or 18 inches of well-tamped earth, plus 6 inches of 
reinforced concrete or 8 inches of asphaltic concrete. When asphaltic or 
reinforced concrete paving is used as part of the protection, it shall 
extend at least 1 foot horizontally beyond the outline of the tank in 
all directions.
    (iii) Corrosion protection. Corrosion protection for the tank and 
its piping shall be provided by one or more of the following methods:
    (a) Use of protective coatings or wrappings;
    (b) Cathodic protection; or,
    (c) Corrosion resistant materials of construction.
    (iv) Vents. (a) Location and arrangement of vents for Category 1 or 
2 flammable liquids, or Category 3 flammable liquids with a flashpoint 
below 100  deg.F (37.8  deg.C). Vent pipes from tanks storing Category 1 
or 2 flammable liquids, or Category 3 flammable liquids with a 
flashpoint below 100  deg.F (37.8  deg.C), shall be so located that the 
discharge point is outside of buildings, higher than the fill pipe 
opening, and not less than 12 feet above the adjacent ground level. Vent 
pipes shall discharge only upward in order to disperse vapors. Vent 
pipes 2 inches or less in nominal inside diameter shall not be 
obstructed by devices that will cause excessive back pressure. Vent pipe 
outlets shall be so located that flammable vapors will not enter 
building openings, or be trapped under eaves or other obstructions. If 
the vent pipe is less than 10 feet in length, or greater than 2 inches 
in nominal inside diameter, the outlet shall be provided with a vacuum 
and pressure relief device or there shall be an approved flame arrester 
located in the vent line at the outlet or within the approved distance 
from the outlet.
    (b) Size of vents. Each tank shall be vented through piping adequate 
in size to prevent blow-back of vapor or liquid at the fill opening 
while the tank is being filled. Vent pipes shall be not less than 1\1/4\ 
inch nominal inside diameter.

                     Table H-11--Vent Line Diameters
------------------------------------------------------------------------
                                                   Pipe length \1\
             Maximum flow GPM              -----------------------------
                                             50 feet  100 feet  200 feet
------------------------------------------------------------------------
                                            Inches    Inches    Inches
 
100.......................................    1\1/4\    1\1/4\    1\1/4\
200.......................................    1\1/4\    1\1/4\    1\1/4\
300.......................................    1\1/4\    1\1/4\    1\1/2\
400.......................................    1\1/4\    1\1/2\       2
500.......................................    1\1/2\    1\1/2\       2
600.......................................    1\1/2\       2         2
700.......................................       2         2         2
800.......................................       2         2         3
900.......................................       2         2         3
1,000.....................................       2         2         3
------------------------------------------------------------------------
\1\ Vent lines of 50 ft., 100 ft., and 200 ft. of pipe plus 7 ells.

    (c) Location and arrangement of vents for Category 3 flammable 
liquids with a flashpoint at or above 100  deg.F (37.8  deg.C) or 
Category 4 flammable liquids. Vent pipes from tanks storing Category 3 
flammable liquids with a flashpoint at or above 100  deg.F (37.8  deg.C) 
or Category 4 flammable liquids shall terminate outside of the building 
and higher than the fill pipe opening. Vent outlets shall be above 
normal snow level. They may be fitted with return bends, coarse screens 
or other devices to minimize ingress of foreign material.

[[Page 242]]

    (d) Vent piping shall be constructed in accordance with paragraph 
(c) of this section. Vent pipes shall be so laid as to drain toward the 
tank without sags or traps in which liquid can collect. They shall be 
located so that they will not be subjected to physical damage. The tank 
end of the vent pipe shall enter the tank through the top.
    (e) When tank vent piping is manifolded, pipe sizes shall be such as 
to discharge, within the pressure limitations of the system, the vapors 
they may be required to handle when manifolded tanks are filled 
simultaneously.
    (v) Tank openings other than vents. (a) Connections for all tank 
openings shall be vapor or liquid tight.
    (b) Openings for manual gaging, if independent of the fill pipe, 
shall be provided with a liquid-tight cap or cover. If inside a 
building, each such opening shall be protected against liquid overflow 
and possible vapor release by means of a spring loaded check valve or 
other approved device.
    (c) Fill and discharge lines shall enter tanks only through the top. 
Fill lines shall be sloped toward the tank.
    (d) For Category 2 flammable liquids and Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), other than 
crude oils, gasolines, and asphalts, the fill pipe shall be so designed 
and installed as to minimize the possibility of generating static 
electricity by terminating within 6 inches of the bottom of the tank.
    (e) Filling and emptying connections which are made and broken shall 
be located outside of buildings at a location free from any source of 
ignition and not less than 5 feet away from any building opening. Such 
connection shall be closed and liquidtight when not in use. The 
connection shall be properly identified.
    (4) Installation of tanks inside of buildings--(i) Location. Tanks 
shall not be permitted inside of buildings except as provided in 
paragraphs (e), (g), (h), or (i) of this section.
    (ii) Vents. Vents for tanks inside of buildings shall be as provided 
in subparagraphs (2) (iv), (v), (vi)(b), and (3)(iv) of this paragraph, 
except that emergency venting by the use of weak roof seams on tanks 
shall not be permitted. Vents shall discharge vapors outside the 
buildings.
    (iii) Vent piping. Vent piping shall be constructed in accordance 
with paragraph (c) of this section.
    (iv) Tank openings other than vents. (a) Connections for all tank 
openings shall be vapor or liquidtight. Vents are covered in subdivision 
(ii) of this subparagraph.
    (b) Each connection to a tank inside of buildings through which 
liquid can normally flow shall be provided with an internal or an 
external valve located as close as practical to the shell of the tank. 
Such valves, when external, and their connections to the tank shall be 
of steel except when the chemical characteristics of the liquid stored 
are incompatible with steel. When materials other than steel are 
necessary, they shall be suitable for the pressures, structural 
stresses, and temperatures involved, including fire exposures.
    (c) Flammable liquid tanks located inside of buildings, except in 
one-story buildings designed and protected for flammable liquid storage, 
shall be provided with an automatic-closing heat-actuated valve on each 
withdrawal connection below the liquid level, except for connections 
used for emergency disposal, to prevent continued flow in the event of 
fire in the vicinity of the tank. This function may be incorporated in 
the valve required in (b) of this subdivision, and if a separate valve, 
shall be located adjacent to the valve required in (b) of this 
subdivision.
    (d) Openings for manual gaging, if independent of the fill pipe (see 
(f) of this subdivision), shall be provided with a vaportight cap or 
cover. Each such opening shall be protected against liquid overflow and 
possible vapor release by means of a spring loaded check valve or other 
approved device.
    (e) For Category 2 flammable liquids and Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), other than 
crude oils, gasoline, and asphalts, the fill pipe shall be so designed 
and installed as to minimize the possibility of generating static 
electricity by terminating within 6 inches of the bottom of the tank.
    (f) The fill pipe inside of the tank shall be installed to avoid 
excessive vibration of the pipe.

[[Page 243]]

    (g) The inlet of the fill pipe shall be located outside of buildings 
at a location free from any source of ignition and not less than 5 feet 
away from any building opening. The inlet of the fill pipe shall be 
closed and liquidtight when not in use. The fill connection shall be 
properly identified.
    (h) Tanks inside buildings shall be equipped with a device, or other 
means shall be provided, to prevent overflow into the building.
    (5) Supports, foundations, and anchorage for all tank locations--(i) 
General. Tank supports shall be installed on firm foundations. Tank 
supports shall be of concrete, masonry, or protected steel. Single wood 
timber supports (not cribbing) laid horizontally may be used for outside 
aboveground tanks if not more than 12 inches high at their lowest point.
    (ii) Fire resistance. Steel supports or exposed piling shall be 
protected by materials having a fire resistance rating of not less than 
2 hours, except that steel saddles need not be protected if less than 12 
inches high at their lowest point. Water spray protection or its 
equivalent may be used in lieu of fire-resistive materials to protect 
supports.
    (iii) Spheres. The design of the supporting structure for tanks such 
as spheres shall receive special engineering consideration.
    (iv) Load distribution. Every tank shall be so supported as to 
prevent the excessive concentration of loads on the supporting portion 
of the shell.
    (v) Foundations. Tanks shall rest on the ground or on foundations 
made of concrete, masonry, piling, or steel. Tank foundations shall be 
designed to minimize the possibility of uneven settling of the tank and 
to minimize corrosion in any part of the tank resting on the foundation.
    (vi) Flood areas. Where a tank is located in an area that may be 
subjected to flooding, the applicable precautions outlined in this 
subdivision shall be observed.
    (a) No aboveground vertical storage tank containing a flammable 
liquid shall be located so that the allowable liquid level within the 
tank is below the established maximum flood stage, unless the tank is 
provided with a guiding structure such as described in (m), (n), and (o) 
of this subdivision.
    (b) Independent water supply facilities shall be provided at 
locations where there is no ample and dependable public water supply 
available for loading partially empty tanks with water.
    (c) In addition to the preceding requirements, each tank so located 
that more than 70 percent, but less than 100 percent, of its allowable 
liquid storage capacity will be submerged at the established maximum 
flood stage, shall be safeguarded by one of the following methods: Tank 
shall be raised, or its height shall be increased, until its top extends 
above the maximum flood stage a distance equivalent to 30 percent or 
more of its allowable liquid storage capacity: Provided, however, That 
the submerged part of the tank shall not exceed two and one-half times 
the diameter. Or, as an alternative to the foregoing, adequate 
noncombustible structural guides, designed to permit the tank to float 
vertically without loss of product, shall be provided.
    (d) Each horizontal tank so located that more than 70 percent of its 
storage capacity will be submerged at the established flood stage, shall 
be anchored, attached to a foundation of concrete or of steel and 
concrete, of sufficient weight to provide adequate load for the tank 
when filled with flammable liquid and submerged by flood waters to the 
established flood stage, or adequately secured by other means.
    (e) [Reserved]
    (f) At locations where there is no ample and dependable water 
supply, or where filling of underground tanks with liquids is 
impracticable because of the character of their contents, their use, or 
for other reasons, each tank shall be safeguarded against movement when 
empty and submerged by high ground water or flood waters by anchoring, 
weighting with concrete or other approved solid loading material, or 
securing by other means. Each such tank shall be so constructed and 
installed that it will safely resist external pressures due to high 
ground water or flood waters.
    (g) At locations where there is an ample and dependable water supply 
available, underground tanks containing flammable liquids, so installed

[[Page 244]]

that more than 70 percent of their storage capacity will be submerged at 
the maximum flood stage, shall be so anchored, weighted, or secured by 
other means, as to prevent movement of such tanks when filled with 
flammable liquids, and submerged by flood waters to the established 
flood stage.
    (h) Pipe connections below the allowable liquid level in a tank 
shall be provided with valves or cocks located as closely as practicable 
to the tank shell. Such valves and their connections to tanks shall be 
of steel or other material suitable for use with the liquid being 
stored. Cast iron shall not be permitted.
    (i) At locations where an independent water supply is required, it 
shall be entirely independent of public power and water supply. 
Independent source of water shall be available when flood waters reach a 
level not less than 10 feet below the bottom of the lowest tank on a 
property.
    (j) The self-contained power and pumping unit shall be so located or 
so designed that pumping into tanks may be carried on continuously 
throughout the rise in flood waters from a level 10 feet below the 
lowest tank to the level of the potential flood stage.
    (k) Capacity of the pumping unit shall be such that the rate of rise 
of water in all tanks shall be equivalent to the established potential 
average rate of rise of flood waters at any stage.
    (l) Each independent pumping unit shall be tested periodically to 
insure that it is in satisfactory operating condition.
    (m) Structural guides for holding floating tanks above their 
foundations shall be so designed that there will be no resistance to the 
free rise of a tank, and shall be constructed of noncombustible 
material.
    (n) The strength of the structure shall be adequate to resist 
lateral movement of a tank subject to a horizontal force in any 
direction equivalent to not less than 25 pounds per square foot acting 
on the projected vertical cross-sectional area of the tank.
    (o) Where tanks are situated on exposed points or bends in a 
shoreline where swift currents in flood waters will be present, the 
structures shall be designed to withstand a unit force of not less than 
50 pounds per square foot.
    (p) The filling of a tank to be protected by water loading shall be 
started as soon as flood waters reach a dangerous flood stage. The rate 
of filling shall be at least equal to the rate of rise of the 
floodwaters (or the established average potential rate of rise).
    (q) Sufficient fuel to operate the water pumps shall be available at 
all times to insure adequate power to fill all tankage with water.
    (r) All valves on connecting pipelines shall be closed and locked in 
closed position when water loading has been completed.
    (s) Where structural guides are provided for the protection of 
floating tanks, all rigid connections between tanks and pipelines shall 
be disconnected and blanked off or blinded before the floodwaters reach 
the bottom of the tank, unless control valves and their connections to 
the tank are of a type designed to prevent breakage between the valve 
and the tank shell.
    (t) All valves attached to tanks other than those used in connection 
with water loading operations shall be closed and locked.
    (u) If a tank is equipped with a swing line, the swing pipe shall be 
raised to and secured at its highest position.
    (v) Inspections. The Assistant Secretary or his designated 
representative shall make periodic inspections of all plants where the 
storage of flammable liquids is such as to require compliance with the 
foregoing requirements, in order to assure the following:
    (1) That all flammable liquid storage tanks are in compliance with 
these requirements and so maintained.
    (2) That detailed printed instructions of what to do in flood 
emergencies are properly posted.
    (3) That station operators and other employees depended upon to 
carry out such instructions are thoroughly informed as to the location 
and operation of such valves and other equipment necessary to effect 
these requirements.
    (vii) Earthquake areas. In areas subject to earthquakes, the tank 
supports and connections shall be designed to resist damage as a result 
of such shocks.

[[Page 245]]

    (6) Sources of ignition. In locations where flammable vapors may be 
present, precautions shall be taken to prevent ignition by eliminating 
or controlling sources of ignition. Sources of ignition may include open 
flames, lightning, smoking, cutting and welding, hot surfaces, 
frictional heat, sparks (static, electrical, and mechanical), 
spontaneous ignition, chemical and physical-chemical reactions, and 
radiant heat.
    (7) Testing--(i) General. All tanks, whether shop built or field 
erected, shall be strength tested before they are placed in service in 
accordance with the applicable paragraphs of the code under which they 
were built. The American Society of Mechanical Engineers (ASME) code 
stamp, American Petroleum Institute (API) monogram, or the label of the 
Underwriters' Laboratories, Inc., on a tank shall be evidence of 
compliance with this strength test. Tanks not marked in accordance with 
the above codes shall be strength tested before they are placed in 
service in accordance with good engineering principles and reference 
shall be made to the sections on testing in the codes listed in 
subparagraphs (1) (iii)(a), (iv)(b), or (v)(b) of this paragraph.
    (ii) Strength. When the vertical length of the fill and vent pipes 
is such that when filled with liquid the static head imposed upon the 
bottom of the tank exceeds 10 pounds per square inch, the tank and 
related piping shall be tested hydrostatically to a pressure equal to 
the static head thus imposed.
    (iii) Tightness. In addition to the strength test called for in 
subdivisions (i) and (ii) of this subparagraph, all tanks and 
connections shall be tested for tightness. Except for underground tanks, 
this tightness test shall be made at operating pressure with air, inert 
gas, or water prior to placing the tank in service. In the case of 
field-erected tanks the strength test may be considered to be the test 
for tank tightness. Underground tanks and piping, before being covered, 
enclosed, or placed in use, shall be tested for tightness 
hydrostatically, or with air pressure at not less than 3 pounds per 
square inch and not more than 5 pounds per square inch.
    (iv) Repairs. All leaks or deformations shall be corrected in an 
acceptable manner before the tank is placed in service. Mechanical 
caulking is not permitted for correcting leaks in welded tanks except 
pinhole leaks in the roof.
    (v) Derated operations. Tanks to be operated at pressures below 
their design pressure may be tested by the applicable provisions of 
subdivision (i) or (ii) of this subparagraph, based upon the pressure 
developed under full emergency venting of the tank.
    (c) Piping, valves, and fittings--(1) General--(i) Design. The 
design (including selection of materials) fabrication, assembly, test, 
and inspection of piping systems containing flammable liquids shall be 
suitable for the expected working pressures and structural stresses. 
Conformity with the applicable provisions of Pressure Piping, ANSI B31 
series and the provisions of this paragraph, shall be considered prima 
facie evidence of compliance with the foregoing provisions.
    (ii) Exceptions. This paragraph does not apply to any of the 
following:
    (a) Tubing or casing on any oil or gas wells and any piping 
connected directly thereto.
    (b) Motor vehicle, aircraft, boat, or portable or stationary 
engines.
    (c) Piping within the scope of any applicable boiler and pressures 
vessel code.
    (iii) Definitions. As used in this paragraph, piping systems consist 
of pipe, tubing, flanges, bolting, gaskets, valves, fittings, the 
pressure containing parts of other components such as expansion joints 
and strainers, and devices which serve such purposes as mixing, 
separating, snubbing, distributing, metering, or controlling flow.
    (2) Materials for piping, valves, and fittings--(i) Required 
materials. Materials for piping, valves, or fittings shall be steel, 
nodular iron, or malleable iron, except as provided in paragraph (c)(2) 
(ii), (iii) and (iv) of this section.
    (ii) Exceptions. Materials other than steel, nodular iron, or 
malleable iron may be used underground, or if required by the properties 
of the flammable liquid handled. Material other than steel, nodular 
iron, or malleable iron shall be designed to specifications

[[Page 246]]

embodying principles recognized as good engineering practices for the 
material used.
    (iii) Linings. Piping, valves, and fittings may have combustible or 
noncombustible linings.
    (iv) Low-melting materials. When low-melting point materials such as 
aluminum and brass or materials that soften on fire exposure such as 
plastics, or non-ductile materials such as cast iron, are necessary, 
special consideration shall be given to their behavior on fire exposure. 
If such materials are used in above ground piping systems or inside 
buildings, they shall be suitably protected against fire exposure or so 
located that any spill resulting from the failure of these materials 
could not unduly expose persons, important buildings or structures or 
can be readily controlled by remote valves.
    (3) Pipe joints. Joints shall be made liquid tight. Welded or 
screwed joints or approved connectors shall be used. Threaded joints and 
connections shall be made up tight with a suitable lubricant or piping 
compound. Pipe joints dependent upon the friction characteristics of 
combustible materials for mechanical continuity of piping shall not be 
used inside buildings. They may be used outside of buildings above or 
below ground. If used above ground, the piping shall either be secured 
to prevent disengagement at the fitting or the piping system shall be so 
designed that any spill resulting from such disengagement could not 
unduly expose persons, important buildings or structures, and could be 
readily controlled by remote valves.
    (4) Supports. Piping systems shall be substantially supported and 
protected against physical damage and excessive stresses arising from 
settlement, vibration, expansion, or contraction.
    (5) Protection against corrosion. All piping for flammable liquids, 
both aboveground and underground, where subject to external corrosion, 
shall be painted or otherwise protected.
    (6) Valves. Piping systems shall contain a sufficient number of 
valves to operate the system properly and to protect the plant. Piping 
systems in connection with pumps shall contain a sufficient number of 
valves to control properly the flow of liquid in normal operation and in 
the event of physical damage. Each connection to pipelines, by which 
equipments such as tankcars or tank vehicles discharge liquids by means 
of pumps into storage tanks, shall be provided with a check valve for 
automatic protection against backflow if the piping arrangement is such 
that backflow from the system is possible.
    (7) Testing. All piping before being covered, enclosed, or placed in 
use shall be hydrostatically tested to 150 percent of the maximum 
anticipated pressure of the system, or pneumatically tested to 110 
percent of the maximum anticipated pressure of the system, but not less 
than 5 pounds per square inch gage at the highest point of the system. 
This test shall be maintained for a sufficient time to complete visual 
inspection of all joints and connections, but for at least 10 minutes.
    (d) Container and portable tank storage--(1) Scope--(i) General. 
This paragraph shall apply only to the storage of flammable liquids in 
drums or other containers (including flammable aerosols) not exceeding 
60 gallons individual capacity and those portable tanks not exceeding 
660 gallons individual capacity.
    (ii) Exceptions. This paragraph shall not apply to the following:
    (a) Storage of containers in bulk plants, service stations, 
refineries, chemical plants, and distilleries;
    (b) Category 1, 2, or 3 flammable liquids in the fuel tanks of a 
motor vehicle, aircraft, boat, or portable or stationary engine;
    (c) Flammable paints, oils, varnishes, and similar mixtures used for 
painting or maintenance when not kept for a period in excess of 30 days;
    (d) Beverages when packaged in individual containers not exceeding 1 
gallon in size.
    (2) Design, construction, and capacity of containers--(i) General. 
Only approved containers and portable tanks shall be used. Metal 
containers and portable tanks meeting the requirements of and containing 
products authorized by chapter I, title 49 of the Code of Federal 
Regulations (regulations issued by the Hazardous Materials Regulations 
Board, Department of Transportation), shall be deemed to be acceptable.

[[Page 247]]

    (ii) Emergency venting. Each portable tank shall be provided with 
one or more devices installed in the top with sufficient emergency 
venting capacity to limit internal pressure under fire exposure 
conditions to 10 p.s.i.g., or 30 percent of the bursting pressure of the 
tank, whichever is greater. The total venting capacity shall be not less 
than that specified in paragraphs (b)(2)(v) (c) or (e) of this section. 
At least one pressure-activated vent having a minimum capacity of 6,000 
cubic feet of free air (14.7 p.s.i.a. and 60  deg.F.) shall be used. It 
shall be set to open at not less than 5 p.s.i.g. If fusible vents are 
used, they shall be actuated by elements that operate at a temperature 
not exceeding 300  deg.F.
    (iii) Size. Flammable and combustible liquid containers shall be in 
accordance with Table H-12, except that glass or plastic containers of 
no more than 1-gallon capacity may be used for a Category 1 or 2 
flammable liquid if:
    (a)(1) Such liquid either would be rendered unfit for its intended 
use by contact with metal or would excessively corrode a metal container 
so as to create a leakage hazard; and
    (2) The user's process either would require more than 1 pint of a 
Category 1 flammable liquid or more than 1 quart of a Category 2 
flammable liquid of a single assay lot to be used at one time, or would 
require the maintenance of an analytical standard liquid of a quality 
which is not met by the specified standards of liquids available, and 
the quantity of the analytical standard liquid required to be used in 
any one control process exceeds one-sixteenth the capacity of the 
container allowed under Table H-12 for the category of liquid; or
    (b) The containers are intended for direct export outside the United 
States.

            Table H-12--Maximum Allowable Size of Containers and Portable Tanks for Flammable Liquids
----------------------------------------------------------------------------------------------------------------
         Container type               Category 1          Category 2          Category 3          Category 4
----------------------------------------------------------------------------------------------------------------
Glass or approved plastic.......  1 pt..............  1 qt..............  1 gal.............  1 gal.
Metal (other than DOT drums)....  1 gal.............  5 gal.............  5 gal.............  5 gal.
Safety cans.....................  2 gal.............  5 gal.............  5 gal.............  5 gal.
Metal drums (DOT specifications)  60 gal............  60 gal............  60 gal............  60 gal.
Approved portable tanks.........  660 gal...........  660 gal...........  660 gal...........  660 gal.
----------------------------------------------------------------------------------------------------------------
Note: Container exemptions: (a) Medicines, beverages, foodstuffs, cosmetics, and other common consumer items,
  when packaged according to commonly accepted practices, shall be exempt from the requirements of
  1910.106(d)(2)(i) and (ii).

    (3) Design, construction, and capacity of storage cabinets--(i) 
Maximum capacity. Not more than 60 gallons of Category 1, 2, or 3 
flammable liquids, nor more than 120 gallons of Category 4 flammable 
liquids may be stored in a storage cabinet.
    (ii) Fire resistance. Storage cabinets shall be designed and 
constructed to limit the internal temperature to not more than 325 
deg.F. when subjected to a 10-minute fire test using the standard time-
temperature curve as set forth in Standard Methods of Fire Tests of 
Building Construction and Materials, NFPA 251-1969, which is 
incorporated by reference as specified in Sec. 1910.6. All joints and 
seams shall remain tight and the door shall remain securely closed 
during the fire test. Cabinets shall be labeled in conspicuous 
lettering, ``Flammable--Keep Fire Away.''
    (a) Metal cabinets constructed in the following manner shall be 
deemed to be in compliance. The bottom, top, door, and sides of cabinet 
shall be at least No. 18 gage sheet iron and double walled with 1\1/2\-
inch air space. Joints shall be riveted, welded or made tight by some 
equally effective means. The door shall be provided with a three-point 
lock, and the door sill shall be raised at least 2 inches above the 
bottom of the cabinet.
    (b) Wooden cabinets constructed in the following manner shall be 
deemed in compliance. The bottom, sides, and top shall be constructed of 
an approved grade of plywood at least 1 inch in thickness, which shall 
not break down or delaminate under fire conditions. All joints shall be 
rabbetted and shall

[[Page 248]]

be fastened in two directions with flathead woodscrews. When more than 
one door is used, there shall be a rabbetted overlap of not less than 1 
inch. Hinges shall be mounted in such a manner as not to lose their 
holding capacity due to loosening or burning out of the screws when 
subjected to the fire test.
    (4) Design and construction of inside storage rooms--(i) 
Construction. Inside storage rooms shall be constructed to meet the 
required fire-resistive rating for their use. Such construction shall 
comply with the test specifications set forth in Standard Methods of 
Fire Tests of Building Construction and Materials, NFPA 251-1969. Where 
an automatic sprinkler system is provided, the system shall be designed 
and installed in an acceptable manner. Openings to other rooms or 
buildings shall be provided with noncombustible liquid-tight raised 
sills or ramps at least 4 inches in height, or the floor in the storage 
area shall be at least 4 inches below the surrounding floor. Openings 
shall be provided with approved self-closing fire doors. The room shall 
be liquid-tight where the walls join the floor. A permissible alternate 
to the sill or ramp is an open-grated trench inside of the room which 
drains to a safe location. Where other portions of the building or other 
properties are exposed, windows shall be protected as set forth in the 
Standard for Fire Doors and Windows, NFPA No. 80-1968, which is 
incorporated by reference as specified in Sec. 1910.6, for Class E or F 
openings. Wood at least 1 inch nominal thickness may be used for 
shelving, racks, dunnage, scuffboards, floor overlay, and similar 
installations.
    (ii) Rating and capacity. Storage in inside storage rooms shall 
comply with Table H-13.

                                       Table H-13--Storage in Inside Rooms
----------------------------------------------------------------------------------------------------------------
                                                                                                         Total
                                                                                                       allowable
                                                                                                      quantities
       Fire protection \1\ provided               Fire resistance                Maximum size         (gals./sq.
                                                                                                       ft./floor
                                                                                                         area)
----------------------------------------------------------------------------------------------------------------
Yes......................................  2 hours.....................  500 sq. ft.................         10
No.......................................  2 hours.....................  500 sq. ft.................          5
Yes......................................  1 hour......................  150 sq. ft.................          4
No.......................................  1 hour......................  150 sq. ft.................          2
----------------------------------------------------------------------------------------------------------------
\1\ Fire protection system shall be sprinkler, water spray, carbon dioxide, or other system.

    (iii) Wiring. Electrical wiring and equipment located in inside 
storage rooms used for Category 1 or 2 flammable liquids, or Category 3 
flammable liquids with a flashpoint below 100  deg.F (37.8  deg.C), 
shall be approved under subpart S of this part for Class I, Division 2 
Hazardous Locations; for Category 3 flammable liquids with a flashpoint 
at or above 100  deg.F (37.8  deg.C) and Category 4 flammable liquids, 
shall be approved for general use.
    (iv) Ventilation. Every inside storage room shall be provided with 
either a gravity or a mechanical exhaust ventilation system. Such system 
shall be designed to provide for a complete change of air within the 
room at least six times per hour. If a mechanical exhaust system is 
used, it shall be controlled by a switch located outside of the door. 
The ventilating equipment and any lighting fixtures shall be operated by 
the same switch. A pilot light shall be installed adjacent to the switch 
if Category 1 or 2 flammable liquids, or Category 3 flammable liquids 
with a flashpoint below 100  deg.F (37.8  deg.C), are dispensed within 
the room. Where gravity ventilation is provided, the fresh air intake, 
as well as the exhaust outlet from the room, shall be on the exterior of 
the building in which the room is located.
    (v) Storage in inside storage rooms. In every inside storage room 
there shall be maintained one clear aisle at least 3 feet wide. 
Containers over 30 gallons capacity shall not be stacked one upon the 
other. Dispensing shall be by approved pump or self-closing faucet only.
    (5) Storage inside building--(i) Egress. Flammable liquids, 
including stock for sale, shall not be stored so as to limit use of 
exits, stairways, or areas normally used for the safe egress of people.

[[Page 249]]

    (ii) Containers. The storage of flammable liquids in containers or 
portable tanks shall comply with subdivisions (iii) through (v) of this 
subparagraph.
    (iii) Office occupancies. Storage shall be prohibited except that 
which is required for maintenance and operation of building and 
operation of equipment. Such storage shall be kept in closed metal 
containers stored in a storage cabinet or in safety cans or in an inside 
storage room not having a door that opens into that portion of the 
building used by the public.
    (iv) Mercantile occupancies and other retail stores.
    (a)-(d) [Reserved]
    (e) Leaking containers shall be removed to a storage room or taken 
to a safe location outside the building and the contents transferred to 
an undamaged container.
    (v) General purpose public warehouses. Storage shall be in 
accordance with Table H-14 or H-15 and in buildings or in portions of 
such buildings cut off by standard firewalls. Material creating no fire 
exposure hazard to the flammable liquids may be stored in the same area.

[[Page 250]]

[GRAPHIC] [TIFF OMITTED] TR26MR12.054


[[Page 251]]


[GRAPHIC] [TIFF OMITTED] TR26MR12.055

    (vi) Flammable liquid warehouses or storage buildings. (a) If the 
storage building is located 50 feet or less from a building or line of 
adjoining property that may be built upon, the exposing wall shall be a 
blank wall having a fire-resistance rating of at least 2 hours.
    (b) The total quantity of liquids within a building shall not be 
restricted, but the arrangement of storage shall comply with Table H-14 
or H-15.
    (c) Containers in piles shall be separated by pallets or dunnage 
where necessary to provide stability and to prevent excessive stress on 
container walls.
    (d) Portable tanks stored over one tier high shall be designed to 
nest securely, without dunnage, and adequate materials handing equipment 
shall be available to handle tanks safely at the upper tier level.
    (e) No pile shall be closer than 3 feet to the nearest beam, chord, 
girder, or other obstruction, and shall be 3 feet below sprinkler 
deflectors or discharge orifices of water spray, or other overhead fire 
protection systems.
    (f) Aisles of at least 3 feet wide shall be provided where necessary 
for reasons of access to doors, windows or standpipe connections.
    (6) Storage outside buildings--(i) General. Storage outside 
buildings shall be in accordance with Table H-16 or H-17, and 
subdivisions (ii) and (iv) of this subparagraph.

[[Page 252]]

[GRAPHIC] [TIFF OMITTED] TR26MR12.056

    (ii) Maximum storage. A maximum of 1,100 gallons of flammable 
liquids may be located adjacent to buildings located on the same 
premises and under the same management provided the provisions of 
subdivisions (a) and (b) of this subdivision are complied with.
    (a) [Reserved]
    (b) Where quantity stored exceeds 1,100 gallons, or provisions of 
subdivision (a) of this subdivision cannot be met, a minimum distance of 
10 feet between buildings and nearest container of flammable liquid 
shall be maintained.
    (iii) Spill containment. The storage area shall be graded in a 
manner to divert possible spills away from buildings or other exposures 
or shall be surrounded by a curb at least 6 inches high. When curbs are 
used, provisions shall be made for draining of accumulations of ground 
or rain water or spills of flammable liquids. Drains shall terminate at 
a safe location and shall be accessible to operation under fire 
conditions.
    (iv) Security. The storage area shall be protected against tampering 
or trespassers where necessary and shall be kept free of weeds, debris 
and other combustible material not necessary to the storage.
    (7) Fire control--(i) Extinguishers. Suitable fire control devices, 
such as small hose or portable fire extinguishers, shall be available at 
locations where flammable liquids are stored.

[[Page 253]]

[GRAPHIC] [TIFF OMITTED] TR26MR12.057

    (a) At least one portable fire extinguisher having a rating of not 
less than 12-B units shall be located outside of, but not more than 10 
feet from, the door opening into any room used for storage.
    (b) At least one portable fire extinguisher having a rating of not 
less than 12-B units must be located not less than 10 feet, nor more 
than 25 feet, from any Category 1, 2, or 3 flammable liquid storage area 
located outside of a storage room but inside a building.
    (ii) Sprinklers. When sprinklers are provided, they shall be 
installed in accordance with Sec. 1910.159.
    (iii) Open flames and smoking. Open flames and smoking shall not be 
permitted in flammable liquid storage areas.
    (iv) Water reactive materials. Materials which will react with water 
shall not be stored in the same room with flammable liquids.
    (e) Industrial plants--(1) Scope--(i) Application. This paragraph 
shall apply to those industrial plants where:
    (a) The use of flammable liquids is incidental to the principal 
business, or
    (b) Where flammable liquids are handled or used only in unit 
physical operations such as mixing, drying, evaporating, filtering, 
distillation, and similar operations which do not involve chemical 
reaction. This paragraph shall not apply to chemical plants, refineries 
or distilleries.
    (ii) Exceptions. Where portions of such plants involve chemical 
reactions such as oxidation, reduction, halogenation, hydrogenation, 
alkylation, polymerization, and other chemical processes, those portions 
of the plant shall be in

[[Page 254]]

accordance with paragraph (h) of this section.
    (2) Incidental storage or use of flammable liquids--(i) Application. 
This subparagraph shall be applicable to those portions of an industrial 
plant where the use and handling of flammable liquids is only incidental 
to the principal business, such as automobile assembly, construction of 
electronic equipment, furniture manufacturing, or other similar 
activities.
    (ii) Containers. Flammable liquids shall be stored in tanks or 
closed containers.
    (a) Except as provided in subdivisions (b) and (c) of this 
subdivision, all storage shall comply with paragraph (d) (3) or (4) of 
this section.
    (b) The quantity of liquid that may be located outside of an inside 
storage room or storage cabinet in a building or in any one fire area of 
a building shall not exceed:
    (1) 25 gallons of Category 1 flammable liquids in containers
    (2) 120 gallons of Category 2, 3, or 4 flammable liquids in 
containers
    (3) 660 gallons of Category 2, 3, or 4 flammable liquids in a single 
portable tank.
    (c) Where large quantities of flammable liquids are necessary, 
storage may be in tanks which shall comply with the applicable 
requirements of paragraph (b) of this section.
    (iii) Separation and protection. Areas in which flammable liquids 
are transferred from one tank or container to another container shall be 
separated from other operations in the building by adequate distance or 
by construction having adequate fire resistance. Drainage or other means 
shall be provided to control spills. Adequate natural or mechanical 
ventilation shall be provided.
    (iv) Handling liquids at point of final use. (a) Category 1 or 2 
flammable liquids, or Category 3 flammable liquids with a flashpoint 
below 100  deg.F (37.8  deg.C), shall be kept in covered containers when 
not actually in use.
    (b) Where flammable liquids are used or handled, except in closed 
containers, means shall be provided to dispose promptly and safely of 
leakage or spills.
    (c) Category 1 or 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), may be used 
only where there are no open flames or other sources of ignition within 
the possible path of vapor travel.
    (d) Flammable liquids shall be drawn from or transferred into 
vessels, containers, or portable tanks within a building only through a 
closed piping system, from safety cans, by means of a device drawing 
through the top, or from a container or portable tanks by gravity 
through an approved self-closing valve. Transferring by means of air 
pressure on the container or portable tanks shall be prohibited.
    (3) Unit physical operations--(i) Application. This subparagraph 
shall be applicable in those portions of industrial plants where 
flammable liquids are handled or used in unit physical operations such 
as mixing, drying, evaporating, filtering, distillation, and similar 
operations which do not involve chemical change. Examples are plants 
compounding cosmetics, pharmaceuticals, solvents, cleaning fluids, 
insecticides, and similar types of activities.
    (ii) Location. Industrial plants shall be located so that each 
building or unit of equipment is accessible from at least one side for 
firefighting and fire control purposes. Buildings shall be located with 
respect to lines of adjoining property which may be built upon as set 
forth in paragraph (h)(2) (i) and (ii) of this section except that the 
blank wall referred to in paragraph (h)(2)(ii) of this section shall 
have a fire resistance rating of at least 2 hours.
    (iii) Chemical processes. Areas where unstable liquids are handled 
or small scale unit chemical processes are carried on shall be separated 
from the remainder of the plant by a fire wall of 2-hour minimum fire 
resistance rating.
    (iv) Drainage. (a) Emergency drainage systems shall be provided to 
direct flammable liquid leakage and fire protection water to a safe 
location. This may require curbs, scuppers, or special drainage systems 
to control the spread of fire; see paragraph (b)(2)(vii)(b) of this 
section.

[[Page 255]]

    (b) Emergency drainage systems, if connected to public sewers or 
discharged into public waterways, shall be equipped with traps or 
separator.
    (v) Ventilation--(a) Areas as defined in paragraph (e)(3)(i) of this 
section using Category 1 or 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), shall be 
ventilated at a rate of not less than 1 cubic foot per minute per square 
foot of solid floor area. This shall be accomplished by natural or 
mechanical ventilation with discharge or exhaust to a safe location 
outside of the building. Provision shall be made for introduction of 
makeup air in such a manner as not to short circuit the ventilation. 
Ventilation shall be arranged to include all floor areas or pits where 
flammable vapors may collect.
    (b) Equipment used in a building and the ventilation of the building 
shall be designed so as to limit flammable vapor-air mixtures under 
normal operating conditions to the interior of equipment, and to not 
more than 5 feet from equipment which exposes Category 1 or 2 flammable 
liquids, or Category 3 flammable liquids with a flashpoint below 100 
deg.F (37.8  deg.C), to the air. Examples of such equipment are 
dispensing stations, open centrifuges, plate and frame filters, open 
vacuum filters, and surfaces of open equipment.
    (vi) Storage and handling. The storage, transfer, and handling of 
liquid shall comply with paragraph (h)(4) of this section.
    (4) Tank vehicle and tank car loading and unloading. (i) Tank 
vehicle and tank car loading or unloading facilities shall be separated 
from aboveground tanks, warehouses, other plant buildings or nearest 
line of adjoining property which may be built upon by a distance of 25 
feet for Category 1 or 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), and 15 feet 
for Category 3 flammable liquids with a flashpoint at or above 100 
deg.F (37.8  deg.C) and Category 4 flammable liquids, measured from the 
nearest position of any fill stem. Buildings for pumps or shelters for 
personnel may be a part of the facility. Operations of the facility 
shall comply with the appropriate portions of paragraph (f)(3) of this 
section.
    (ii) [Reserved]
    (5) Fire control--(i) Portable and special equipment. Portable fire 
extinguishment and control equipment shall be provided in such 
quantities and types as are needed for the special hazards of operation 
and storage.
    (ii) Water supply. Water shall be available in volume and at 
adequate pressure to supply water hose streams, foam-producing 
equipment, automatic sprinklers, or water spray systems as the need is 
indicated by the special hazards of operation, dispensing and storage.
    (iii) Special extinguishers. Special extinguishing equipment such as 
that utilizing foam, inert gas, or dry chemical shall be provided as the 
need is indicated by the special hazards of operation dispensing and 
storage.
    (iv) Special hazards. Where the need is indicated by special hazards 
of operation, flammable liquid processing equipment, major piping, and 
supporting steel shall be protected by approved water spray systems, 
deluge systems, approved fire-resistant coatings, insulation, or any 
combination of these.
    (v) Maintenance. All plant fire protection facilities shall be 
adequately maintained and periodically inspected and tested to make sure 
they are always in satisfactory operating condition, and they will serve 
their purpose in time of emergency.
    (6) Sources of ignition--(i) General. Adequate precautions shall be 
taken to prevent the ignition of flammable vapors. Sources of ignition 
include but are not limited to open flames; lightning; smoking; cutting 
and welding; hot surfaces; frictional heat; static, electrical, and 
mechanical sparks; spontaneous ignition, including heat-producing 
chemical reactions; and radiant heat.
    (ii) Grounding. Category 1 or 2 flammable liquids, or Category 3 
flammable liquids with a flashpoint below 100  deg.F (37.8  deg.C), 
shall not be dispensed into containers unless the nozzle and container 
are electrically interconnected. Where the metallic floorplate on which 
the container stands while filling is electrically connected to the fill 
stem or where the fill stem is bonded to the container during filling 
operations by

[[Page 256]]

means of a bond wire, the provisions of this section shall be deemed to 
have been complied with.
    (7) Electrical--(i) Equipment. (a) All electrical wiring and 
equipment shall be installed according to the requirements of subpart S 
of this part.
    (b) Locations where flammable vapor-air mixtures may exist under 
normal operations shall be classified Class I, Division 1 according to 
the requirements of subpart S of this part. For those pieces of 
equipment installed in accordance with subparagraph (3)(v)(b) of this 
paragraph, the Division 1 area shall extend 5 feet in all directions 
from all points of vapor liberation. All areas within pits shall be 
classified Division 1 if any part of the pit is within a Division 1 or 2 
classified area, unless the pit is provided with mechanical ventilation.
    (c) Locations where flammable vapor-air mixtures may exist under 
abnormal conditions and for a distance beyond Division 1 locations shall 
be classified Division 2 according to the requirements of subpart S of 
this part. These locations include an area within 20 feet horizontally, 
3 feet vertically beyond a Division 1 area, and up to 3 feet above floor 
or grade level within 25 feet, if indoors, or 10 feet if outdoors, from 
any pump, bleeder, withdrawal fitting, meter, or similar device handling 
Category 1 or 2 flammable liquids, or Category 3 flammable liquids with 
a flashpoint below 100  deg.F (37.8  deg.C). Pits provided with adequate 
mechanical ventilation within a Division 1 or 2 area shall be classified 
Division 2. If only Category 3 flammable liquids with a flashpoint at or 
above 100  deg.F (37.8  deg.C) or Category 4 flammable liquids are 
handled, then ordinary electrical equipment is satisfactory though care 
shall be used in locating electrical apparatus to prevent hot metal from 
falling into open equipment.
    (d) Where the provisions of subdivisions (a), (b), and (c), of this 
subdivision require the installation of electrical equipment suitable 
for Class I, Division 1 or Division 2 locations, ordinary electrical 
equipment including switchgear may be used if installed in a room or 
enclosure which is maintained under positive pressure with respect to 
the hazardous area. Ventilation makeup air shall be uncontaminated by 
flammable vapors.
    (8) Repairs to equipment. Hot work, such as welding or cutting 
operations, use of spark-producing power tools, and chipping operations 
shall be permitted only under supervision of an individual in 
responsible charge. The individual in responsible charge shall make an 
inspection of the area to be sure that it is safe for the work to be 
done and that safe procedures will be followed for the work specified.
    (9) Housekeeping--(i) General. Maintenance and operating practices 
shall be in accordance with established procedures which will tend to 
control leakage and prevent the accidental escape of flammable liquids. 
Spills shall be cleaned up promptly.
    (ii) Access. Adequate aisles shall be maintained for unobstructed 
movement of personnel and so that fire protection equipment can be 
brought to bear on any part of flammable liquid storage, use, or any 
unit physical operation.
    (iii) Waste and residue. Combustible waste material and residues in 
a building or unit operating area shall be kept to a minimum, stored in 
covered metal receptacles and disposed of daily.
    (iv) Clear zone. Ground area around buildings and unit operating 
areas shall be kept free of weeds, trash, or other unnecessary 
combustible materials.
    (f) Bulk plants--(1)(i) Category 1 or 2 flammable liquids, or 
Category 3 flammable liquids with a flashpoint below 100  deg.F (37.8 
deg.C). Category 1 or 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), shall be 
stored in closed containers, or in storage tanks above ground outside of 
buildings, or underground in accordance with paragraph (b) of this 
section.
    (ii) Category 3 flammable liquids with a flashpoint at or above 100 
deg.F (37.8  deg.C) and Category 4 flammable liquids. Category 3 
flammable liquids with a flashpoint at or above 100  deg.F (37.8  deg.C) 
and Category 4 flammable liquids shall be stored in containers, or in 
tanks within buildings or above ground outside of buildings, or 
underground in accordance with paragraph (b) of this section.

[[Page 257]]

    (iii) Piling containers. Containers of flammable liquids when piled 
one upon the other shall be separated by dunnage sufficient to provide 
stability and to prevent excessive stress on container walls. The height 
of the pile shall be consistent with the stability and strength of 
containers.
    (2) Buildings--(i) Exits. Rooms in which flammable liquids are 
stored or handled by pumps shall have exit facilities arranged to 
prevent occupants from being trapped in the event of fire.
    (ii) Heating. Rooms in which Category 1 or 2 flammable liquids, or 
Category 3 flammable liquids with a flashpoint below 100  deg.F (37.8 
deg.C), are stored or handled shall be heated only by means not 
constituting a source of ignition, such as steam or hot water. Rooms 
containing heating appliances involving sources of ignition shall be 
located and arranged to prevent entry of flammable vapors.
    (iii) Ventilation. (a) Ventilation shall be provided for all rooms, 
buildings, or enclosures in which Category 1 or 2 flammable liquids, or 
Category 3 flammable liquids with a flashpoint below 100  deg.F (37.8 
deg.C), are pumped or dispensed. Design of ventilation systems shall 
take into account the relatively high specific gravity of the vapors. 
Ventilation may be provided by adequate openings in outside walls at 
floor level unobstructed except by louvers or coarse screens. Where 
natural ventilation is inadequate, mechanical ventilation shall be 
provided.
    (b) Category 1 or 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), shall not be 
stored or handled within a building having a basement or pit into which 
flammable vapors may travel, unless such area is provided with 
ventilation designed to prevent the accumulation of flammable vapors 
therein.
    (c) Containers of Category 1 or 2 flammable liquids, or Category 3 
flammable liquids with a flashpoint below 100  deg.F (37.8  deg.C), 
shall not be drawn from or filled within buildings unless provision is 
made to prevent the accumulation of flammable vapors in hazardous 
concentrations. Where mechanical ventilation is required, it shall be 
kept in operation while flammable liquids with a flashpoint below 100 
deg.F (37.8  deg.C) are being handled.
    (3) Loading and unloading facilities-- (i) Separation. Tank vehicle 
and tank car loading or unloading facilities shall be separated from 
aboveground tanks, warehouses, other plant buildings or nearest line of 
adjoining property that may be built upon by a distance of 25 feet for 
Category 1 or 2 flammable liquids, or Category 3 flammable liquids with 
a flashpoint below 100  deg.F (37.8  deg.C), and 15 feet for Category 3 
flammable liquids with a flashpoint at or above 100  deg.F (37.8  deg.C) 
and Category 4 flammable liquids measured from the nearest position of 
any fill spout. Buildings for pumps or shelters for personnel may be a 
part of the facility.
    (ii) Category restriction. Equipment such as piping, pumps, and 
meters used for the transfer of Category 1 or 2 flammable liquids, or 
Category 3 flammable liquids with a flashpoint below 100  deg.F (37.8 
deg.C), between storage tanks and the fill stem of the loading rack 
shall not be used for the transfer of Category 3 flammable liquids with 
a flashpoint at or above 100  deg.F (37.8  deg.C) or Category 4 
flammable liquids.
    (iii) Valves. Valves used for the final control for filling tank 
vehicles shall be of the self-closing type and manually held open except 
where automatic means are provided for shutting off the flow when the 
vehicle is full or after filling of a preset amount.
    (iv) Static protection. (a) Bonding facilities for protection 
against static sparks during the loading of tank vehicles through open 
domes shall be provided:
    (1) Where Category 1 or 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), are loaded, or
    (2) Where Category 3 flammable liquids with a flashpoint at or above 
100  deg.F (37.8  deg.C) or Category 4 flammable liquids are loaded into 
vehicles which may contain vapors from previous cargoes of Category 1 or 
2 flammable liquids, or Category 3 flammable liquids with a flashpoint 
below 100  deg.F (37.8  deg.C).
    (b) Protection as required in (a) of this subdivision (iv) shall 
consist of a metallic bond wire permanently electrically connected to 
the fill stem or to

[[Page 258]]

some part of the rack structure in electrical contact with the fill 
stem. The free end of such wire shall be provided with a clamp or 
equivalent device for convenient attachment to some metallic part in 
electrical contact with the cargo tank of the tank vehicle.
    (c) Such bonding connection shall be made fast to the vehicle or 
tank before dome covers are raised and shall remain in place until 
filling is completed and all dome covers have been closed and secured.
    (d) Bonding as specified in (a), (b), and (c) of this subdivision is 
not required:
    (1) Where vehicles are loaded exclusively with products not having a 
static accumulating tendency, such as asphalt, most crude oils, residual 
oils, and water soluble liquids;
    (2) Where no Category 1 or 2 flammable liquids, or Category 3 
flammable liquids with a flashpoint below 100  deg.F (37.8  deg.C), are 
handled at the loading facility and the tank vehicles loaded are used 
exclusively for Category 3 flammable liquids with a flashpoint at or 
above 100  deg.F (37.8  deg.C) and Category 4 flammable liquids; and
    (3) Where vehicles are loaded or unloaded through closed bottom or 
top connections.
    (e) Filling through open domes into the tanks of tank vehicles or 
tank cars, that contain vapor-air mixtures within the flammable range or 
where the liquid being filled can form such a mixture, shall be by means 
of a downspout which extends near the bottom of the tank. This 
precaution is not required when loading liquids which are 
nonaccumulators of static charges.
    (v) Stray currents. Tank car loading facilities where Category 1 or 
2 flammable liquids, or Category 3 flammable liquids with a flashpoint 
below 100  deg.F (37.8  deg.C), are loaded through open domes shall be 
protected against stray currents by bonding the pipe to at least one 
rail and to the rack structure if of metal. Multiple lines entering the 
rack area shall be electrically bonded together. In addition, in areas 
where excessive stray currents are known to exist, all pipe entering the 
rack area shall be provided with insulating sections to electrically 
isolate the rack piping from the pipelines. No bonding between the tank 
car and the rack or piping is required during either loading or 
unloading of Category 3 flammable liquids with a flashpoint at or above 
100  deg.F (37.8  deg.C) or Category 4 flammable liquids.
    (vi) Container filling facilities. Category 1 or 2 flammable 
liquids, or Category 3 flammable liquids with a flashpoint below 100 
deg.F (37.8  deg.C), shall not be dispensed into containers unless the 
nozzle and container are electrically interconnected. Where the metallic 
floorplate on which the container stands while filling is electrically 
connected to the fill stem or where the fill stem is bonded to the 
container during filling operations by means of a bond wire, the 
provisions of this section shall be deemed to have been complied with.
    (4) Wharves--(i) Definition, application. The term wharf shall mean 
any wharf, pier, bulkhead, or other structure over or contiguous to 
navigable water used in conjunction with a bulk plant, the primary 
function of which is the transfer of flammable liquid cargo in bulk 
between the bulk plant and any tank vessel, ship, barge, lighter boat, 
or other mobile floating craft; and this subparagraph shall apply to all 
such installations except Marine Service Stations as covered in 
paragraph (g) of this section.
    (ii)-(iii) [Reserved]
    (iv) Design and construction. Substructure and deck shall be 
substantially designed for the use intended. Deck may employ any 
material which will afford the desired combination of flexibility, 
resistance to shock, durability, strength, and fire resistance. Heavy 
timber construction is acceptable.
    (v) [Reserved]
    (vi) Pumps. Loading pumps capable of building up pressures in excess 
of the safe working pressure of cargo hose or loading arms shall be 
provided with bypasses, relief valves, or other arrangement to protect 
the loading facilities against excessive pressure. Relief devices shall 
be tested at not more than yearly intervals to determine that they 
function satisfactorily at the pressure at which they are set.
    (vii) Hoses and couplings. All pressure hoses and couplings shall be 
inspected

[[Page 259]]

at intervals appropriate to the service. The hose and couplings shall be 
tested with the hose extended and using the ``inservice maximum 
operating pressures.'' Any hose showing material deteriorations, signs 
of leakage, or weakness in its carcass or at the couplings shall be 
withdrawn from service and repaired or discarded.
    (viii) Piping and fittings. Piping, valves, and fittings shall be in 
accordance with paragraph (c) of this section, with the following 
exceptions and additions:
    (a) Flexibility of piping shall be assured by appropriate layout and 
arrangement of piping supports so that motion of the wharf structure 
resulting from wave action, currents, tides, or the mooring of vessels 
will not subject the pipe to repeated strain beyond the elastic limit.
    (b) Pipe joints depending upon the friction characteristics of 
combustible materials or grooving of pipe ends for mechanical continuity 
of piping shall not be used.
    (c) Swivel joints may be used in piping to which hoses are 
connected, and for articulated swivel-joint transfer systems, provided 
that the design is such that the mechanical strength of the joint will 
not be impaired if the packing material should fail, as by exposure to 
fire.
    (d) Piping systems shall contain a sufficient number of valves to 
operate the system properly and to control the flow of liquid in normal 
operation and in the event of physical damage.
    (e) In addition to the requirements of paragraph (f)(4)(viii)(d) of 
this section, each line conveying Category 1 or 2 flammable liquids, or 
Category 3 flammable liquids with a flashpoint below 100  deg.F (37.8 
deg.C), leading to a wharf shall be provided with a readily accessible 
block valve located on shore near the approach to the wharf and outside 
of any diked area. Where more than one line is involved, the valves 
shall be grouped in one location.
    (f) Means of easy access shall be provided for cargo line valves 
located below the wharf deck.
    (g) Pipelines on flammable liquids wharves shall be adequately 
bonded and grounded. If excessive stray currents are encountered, 
insulating joints shall be installed. Bonding and grounding connections 
on all pipelines shall be located on wharfside of hose-riser insulating 
flanges, if used, and shall be accessible for inspection.
    (h) Hose or articulated swivel-joint pipe connections used for cargo 
transfer shall be capable of accommodating the combined effects of 
change in draft and maximum tidal range, and mooring lines shall be kept 
adjusted to prevent the surge of the vessel from placing stress on the 
cargo transfer system.
    (i) Hose shall be supported so as to avoid kinking and damage from 
chafing.
    (ix) Fire protection. Suitable portable fire extinguishers with a 
rating of not less than 12-BC shall be located within 75 feet of those 
portions of the facility where fires are likely to occur, such as hose 
connections, pumps, and separator tanks.
    (a) Where piped water is available, ready-connected fire hose in 
size appropriate for the water supply shall be provided so that 
manifolds where connections are made and broken can be reached by at 
least one hose stream.
    (b) Material shall not be placed on wharves in such a manner as to 
obstruct access to firefighting equipment, or important pipeline control 
valves.
    (c) Where the wharf is accessible to vehicle traffic, an 
unobstructed roadway to the shore end of the wharf shall be maintained 
for access of firefighting apparatus.
    (x) Operations control. Loading or discharging shall not commence 
until the wharf superintendent and officer in charge of the tank vessel 
agree that the tank vessel is properly moored and all connections are 
properly made. Mechanical work shall not be performed on the wharf 
during cargo transfer, except under special authorization based on a 
review of the area involved, methods to be employed, and precautions 
necessary.
    (5) Electrical equipment--(i) Application. This paragraph (f)(5)(i) 
shall apply to areas where Category 1 or 2 flammable liquids, or 
Category 3 flammable liquids with a flashpoint below 100  deg.F (37.8 
deg.C), are stored or handled. For areas where only Category 3 flammable 
liquids with a flashpoint at or above 100  deg.F (37.8  deg.C) or 
Category 4 flammable

[[Page 260]]

liquids are stored or handled, the electrical equipment may be installed 
in accordance with the provisions of Subpart S of this part, for 
ordinary locations.
    (ii) Conformance. All electrical equipment and wiring shall be of a 
type specified by and shall be installed in accordance with subpart S of 
this part.
    (iii) Classification. So far as it applies Table H-18 shall be used 
to delineate and classify hazardous areas for the purpose of 
installation of electrical equipment under normal circumstances. In 
Table H-18 a classified area shall not extend beyond an unpierced wall, 
roof, or other solid partition. The area classifications listed shall be 
based on the premise that the installation meets the applicable 
requirements of this section in all respects.
    (6) Sources of ignition. Category 1 or 2 flammable liquids, or 
Category 3 flammable liquids with a flashpoint below 100  deg.F (37.8 
deg.C), shall not be handled, drawn, or dispensed where flammable vapors 
may reach a source of ignition. Smoking shall be prohibited except in 
designated localities. ``No Smoking'' signs shall be conspicuously 
posted where hazard from flammable liquid vapors is normally present.
    (7) Drainage and waste disposal. Provision shall be made to prevent 
flammable liquids which may be spilled at loading or unloading points 
from entering public sewers and drainage systems, or natural waterways. 
Connection to such sewers, drains, or waterways by which flammable 
liquids might enter shall be provided with separator boxes or other 
approved means whereby such entry is precluded. Crankcase drainings and 
flammable liquids shall not be dumped into sewers, but shall be stored 
in tanks or tight drums outside of any building until removed from the 
premises.
    (8) Fire control. Suitable fire-control devices, such as small hose 
or portable fire extinguishers, shall be available to locations where 
fires are likely to occur. Additional fire-control equipment may be 
required where a tank of more than 50,000 gallons individual capacity 
contains Category 1 or 2 flammable liquids, or Category 3 flammable 
liquids with a flashpoint below 100  deg.F (37.8  deg.C), and where an 
unusual exposure hazard exists from surrounding property. Such 
additional fire-control equipment shall be sufficient to extinguish a 
fire in the largest tank. The design and amount of such equipment shall 
be in accordance with approved engineering standards.
    (g) Service stations--(1) Storage and handling--(i) General 
provisions. (a) Liquids shall be stored in approved closed containers 
not exceeding 60 gallons capacity, in tanks located underground, in 
tanks in special enclosures as described in paragraph (g)(i) of this 
section, or in aboveground tanks as provided for in paragraphs 
(g)(4)(ii), (b), (c) and (d) of this section.
    (b) Aboveground tanks, located in an adjoining bulk plant, may be 
connected by piping to service station underground tanks if, in addition 
to valves at aboveground tan