Title 29 Labor Parts 1911 to 1925

Revised as of July 1, 2019

Containing a codification of documents of general applicability and future effect

As of July 1, 2019

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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Legal Status and Use of Seals and Logos The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA’s official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist’s designee. Any person using NARA’s official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government Publishing Office Official Edi- tions only. The Superintendent of Documents of the U.S. Govern- ment Publishing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

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Page Explanation ...... v

Title 29:

SUBTITLE B—REGULATIONS RELATING TO LABOR (CONTINUED)

Chapter XVII—Occupational Safety and Health Administration, Department of Labor (Continued) ...... 5

Finding Aids:

Table of CFR Titles and Chapters ...... 383

Alphabetical List of Agencies Appearing in the CFR ...... 403

List of CFR Sections Affected ...... 413

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To cite the regulations in this volume use title, part and section number. Thus, 29 CFR 1911.1 refers to title 29, part 1911, section 1.

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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 sub- divided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, July 1, 2019), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cutoff date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

VerDate Sep<11>2014 13:01 Sep 16, 2019 Jkt 247122 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Q:\29\29V7.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. PAST PROVISIONS OF THE CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List of CFR Sections Affected (LSA). For the convenience of the reader, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume. For changes to the Code prior to the LSA listings at the end of the volume, consult previous annual editions of the LSA. For changes to the Code prior to 2001, consult the List of CFR Sections Affected compilations, published for 1949- 1963, 1964-1972, 1973-1985, and 1986-2000. ‘‘[RESERVED]’’ TERMINOLOGY The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ location at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that a portion of the CFR was left vacant and not accidentally dropped due to a printing or computer error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.

VerDate Sep<11>2014 13:01 Sep 16, 2019 Jkt 247122 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Q:\29\29V7.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB An index to the text of ‘‘Title 3—The President’’ is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg- ister. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Publishing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Publishing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presi- dential Documents and the Privacy Act Compilation are available in electronic format via www.govinfo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866- 512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.archives.gov/federal-register. The e-CFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments, produced by the Office of the Federal Register and the Government Publishing Office. It is available at www.ecfr.gov.

OLIVER A. POTTS, Director, Office of the Federal Register July 1, 2019

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Title 29—LABOR is composed of nine volumes. The parts in these volumes are arranged in the following order: Parts 0–99, parts 100–499, parts 500–899, parts 900– 1899, part 1900–§ 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, 2019.

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

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

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(This book contains parts 1911 to 1925)

SUBTITLE B—REGULATIONS RELATING TO LABOR (CONTINUED) Part

CHAPTER XVII—Occupational Safety and Health Administra- tion, Department of Labor (Continued) ...... 1911

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Part Page 1911 Rules of procedure for promulgating, modifying, or revoking occupational safety or health standards 7 1912 Advisory committees on standards ...... 11 1912a National Advisory Committee on Occupational Safety and Health ...... 19 1913 Rules of agency practice and procedure concerning OSHA access to employee medical records ...... 22 1915 Occupational safety and health standards for shipyard employment ...... 27 1917 Marine terminals...... 240 1918 Safety and health regulations for longshoring ...... 297 1919 Gear certification...... 351 1920 Procedure for variations from safety and health regulations under the Longshoremen’s and Har- bor Workers’ Compensation Act ...... 370 1921 Rules of practice in enforcement proceedings under section 41 of the Longshoremen’s and Harbor Workers’ Compensation Act ...... 371 1922 Investigational hearings under section 41 of the Longshoremen’s and Harbor Workers’ Compensa- tion Act ...... 377 1924 Safety standards applicable to workshops and rehabilitation facilities assisted by grants ...... 378 1925 Safety and health standards for Federal service contracts ...... 378

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(a) In order to expedite the conduct riod prescribed for such submissions, of the proceeding; whichever date is earlier, the Assistant (b) In order to provide greater proce- Secretary, if he determines that a rule dural protection to interested persons should be issued, shall publish in the whenever it is found necessary or ap- FEDERAL REGISTER a notice of proposed propriate to do so; or rulemaking. The notice shall include: (c) For any other good cause which (1) The terms of the proposed rule; may be consistent with the applicable (2) A reference to section 6(b) of the laws. Act and to section 107 of the Contract Work Hours and Safety Standards Act; § 1911.5 Minor changes in standards. (3) An invitation to interested per- Section 6(b), when construed in light sons to submit within 30 days after of the rulemaking provisions of the Ad- publication of the notice written data, ministrative Procedure Act (5 U.S.C. views, and arguments, which shall be 553), is read as permitting the making available for public inspection and of minor rules or amendments in which copying, except as to matters the dis- the public is not particularly inter- closure of which is prohibited by law; ested without the notice and public (4) The time and place for an infor- procedure which is otherwise required. mal hearing to be commenced not ear- Whenever such a minor rule or amend- lier than 10 days following the end of ment is adopted, it shall incorporate a the period for written comments; finding of good cause to this effect for (5) A requirement for the filing of an not providing notice and public proce- intention to appear at the hearing, to- dure. gether with a statement of the position to be taken with regard to the proposed [37 FR 8664, Apr. 29, 1972] rule and of the evidence to be adduced COMMENCEMENT OF RULEMAKING in support of the position; (6) Designation of a presiding officer § 1911.10 Construction standards. to conduct the hearing; and The Assistant Secretary may pro- (7) Any other appropriate provisions mulgate, modify, or revoke a standard pertinent to the proceeding. applicable to employments in construc- (c) Any interested person who files an tion work, as defined in § 1910.12(b) of intention to appear in accordance with this chapter, in the following manner: paragraph (b) of this section shall have (a) The Assistant Secretary shall a right to participate at the informal consult with the Advisory Committee hearing. on Construction Safety and Health, es- (d) In lieu of the procedure prescribed tablished pursuant to section 107 of the in paragraph (b) of this section, the As- Contract Work Hours and Safety sistant Secretary may follow the pro- Standards Act, in the formulation of a cedure prescribed in paragraph (b) of rule to promulgate, modify, or revoke a § 1911.11 providing an opportunity for standard. The Assistant Secretary informal hearing. shall provide the committee with any [36 FR 17507, Sept. 1, 1971, as amended at 37 proposal of his own or the Secretary of FR 12231, June 21, 1972] Health, Education, and Welfare, together with all pertinent factual infor- § 1911.11 Other standards. mation available to him, including the The Assistant Secretary may pro- results of research, demonstrations, mulgate, modify, or revoke a standard and experiments. The committee shall applicable to employments other than submit to the Assistant Secretary its those in construction work, as defined recommendations regarding the rule to in § 1910.12(b) of this chapter, in the fol- be promulgated within the period pre- lowing manner: scribed by the Assistant Secretary, (a) The Assistant Secretary may re- which in no event shall be longer than quest the recommendations of an advi- 270 days from the date of initial con- sory committee appointed under sec- sultation. tion 7 of the Act. In such event, the As- (b) Within 60 days after the submis- sistant Secretary shall submit to the sion of the committee’s recommenda- committee any proposal of his own or tions or after the expiration of the pe- of the Secretary of Health, Education,

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and Welfare, together with all perti- (3) The objections must specify with nent factual information available to particularity the provision of the pro- him, including the results of research, posed rule to which objection is taken, demonstrations, and experiments. The and must state the grounds therefor; committee shall submit to the Assist- (4) Each objection must be separately ant Secretary its recommendations re- stated and numbered; and garding the rule to be promulgated (5) The objections must be accom- within the period prescribed by the As- panied by a summary of the evidence sistant Secretary, which in no event proposed to be adduced at the re- shall be longer than 270 days. quested hearing. (b) The Assistant Secretary shall (d) Within 30 days after the last day publish in the FEDERAL REGISTER a no- for filing objections, if objections are tice of proposed rulemaking. Where an filed in substantial compliance with advisory committee has been consulted paragraph (c) of this section, the As- and the Assistant Secretary deter- sistant Secretary shall, and in any mines that a rule should be issued, the other case may, publish in the FEDERAL notice shall be published within 60 days REGISTER a notice of informal hearing. after the submission of the commit- The notice shall contain: tee’s recommendations or the expira- (1) A statement of the time, place, tion of the period prescribed for such and nature of the hearing; submissions, whichever date is earlier. (2) A reference to the authority under The notice shall include: which the hearing is to be held; (3) A specification of the provisions (1) The terms of the proposed rule; of the proposed rule which have been (2) A reference to section 6(b) of the objected to, and on which an informal Act and to the appropriate section of hearing has been requested; any particular statute applicable to (4) A specification of the issues on the employments affected by the rule; which the hearing is to be had, which (3) An invitation to interested per- shall include at least all the issues sons to submit within 30 days after raised by any objections properly filed, publication of the notice written data, on which a hearing has been requested; views, and arguments, which shall be (5) The requirement for the filing of available for public inspection and an intention to appear at the hearing copying, except as to matters the dis- together with a statement of the posi- closure of which is prohibited by law; tion to be taken with regard to the (4) Either the time and place of an in- issues specified and of the evidence to formal hearing on the proposed rule to be adduced in support of the position; be held not earlier than 10 days from (6) The designation of a presiding of- the last day of the period for written ficer to conduct the hearing; and comments, or information to inter- (7) Any other appropriate provisions ested persons that they may file on or with regard to the proceeding. before the 30th day after publication of (e) Any objector requesting a hearing the notice written objections to the on proposed rule, and any interested proposed rule meeting the require- person who files a proper intention to ments of paragraph (c) of this section appear shall be entitled to participate and request an informal hearing on the at a hearing. objections; and (5) Any other appropriate provisions § 1911.12 Emergency standards. with regard to the proceeding. (a)(1) Whenever an emergency stand- (c) Objections to be submitted pursu- ard is published pursuant to section ant to paragraph (b) of this section 6(c) of the Act, the Assistant Secretary shall comply with the following condi- must commence a proceeding under tions: section 6(b) of the Act, and the stand- (1) The objections must include the ard as published must serve as a pro- name and address of the objector; posed rule. Any notice of proposed rule- (2) The objections must be post- making shall also give notice of any marked on or before the 30th day after appropriate subsidiary proposals. the date of publication of the notice of (2) An emergency standard promul- proposed rulemaking; gated pursuant to section 6(c) of the

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Act shall be considered issued at the minations of the Secretary shall be time when the standard is officially conclusive if supported by substantial filed in the Office of the Federal Reg- evidence in the record as a whole. Al- ister. The time of official filing in the though these sections are not read as Office of the Federal Register is estab- requiring a rulemaking proceeding lished for the purpose of determining within the meaning of the last sen- the prematurity, timeliness, or late- tence of 5 U.S.C. 553(c) requiring the ness of petitions for judicial review. application of the formal requirements (b) If the Assistant Secretary wishes of 5 U.S.C. 556 and 557, they do suggest to consult an advisory committee on a congressional expectation that the any of the proposals as permitted by rulemaking would be on the basis of a section 7(b) of the Act, he shall afford record to which a substantial evidence interested persons an opportunity to test, where pertinent, may be applied inspect and copy any recommendations in the event an informal hearing is of the advisory committee within a held. reasonable time before the commence- (3) The oral hearing shall be legisla- ment of any informal hearing which tive in type. However, fairness may re- may be held under this part, or before quire an opportunity for cross-exam- the termination of the period for the ination on crucial issues. The presiding submission of written comments when- officer is empowered to permit cross- ever an informal hearing is not ini- examination under such circumstances. tially noticed under § 1910.11(b)(4) of The essential intent is to provide an this chapter. opportunity for effective oral presen- (c) Section 6(c) requires that any tation by interested persons which can standard must be promulgated fol- be carried out with expedition and in lowing the rulemaking proceeding the absence of rigid procedures which within 6 months after the publication might unduly impede or protract the of the emergency standard. Because of rulemaking process. the shortness of this period, the con- (b) Although any hearing shall be in- duct of the proceeding shall be expe- formal and legislative in type, this part dited to the extent practicable. is intended to provide more than the bare essentials of informal rulemaking [37 FR 8664, Apr. 29, 1972, as amended at 42 under 5 U.S.C. 553. The additional re- FR 65166, Dec. 30, 1977] quirements are the following: HEARINGS (1) The presiding officer shall be a hearing examiner appointed under 5 § 1911.15 Nature of hearing. U.S.C. 3105. (a)(1) The legislative history of sec- (2) The presiding officer shall provide tion 6 indicates that Congress intended an opportunity for cross-examination informal rather than formal rule- on crucial issues. making procedures to apply. See the (3) The hearing shall be reported ver- Conference Report, H. Rept. No. 91– batim, and a transcript shall be avail- 1765, 91st Cong., second sess., 34 (1970). able to any interested person on such The informality of the proceedings is terms as the presiding officer may pro- also suggested by the fact that section vide. 6(b) permits the making of a decision [37 FR 8664, Apr. 29, 1972, as amended at 37 on the basis of written comments alone FR 12231, June 21, 1972] (unless an objection to a rule is made and a hearing is requested), the use of § 1911.16 Powers of presiding officer. advisory committees, and the inherent The officer presiding at a hearing legislative nature of the tasks in- shall have all the powers necessary or volved. For these reasons, the pro- appropriate to conduct a fair and full ceedings pursuant to § 1911.10 or § 1911.11 hearing, including the powers: shall be informal. (a) To regulate the course of the pro- (2) Section 6(b)(3) provides an oppor- ceedings; tunity for a hearing on objections to (b) To dispose of procedural requests, proposed rulemaking, and section 6(f) objections, and comparable matters; provides in connection with the judi- (c) To confine the presentations to cial review of standards, that deter- the issues specified in the notice of

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hearing, or, where no issues are speci- termination shall be made within 60 fied, to matters pertinent to the pro- days following the end of the period al- posed rule; lowed for the submission of the addi- (d) To regulate the conduct of those tional comments. present at the hearing by appropriate (b) Any rule or standard adopted means; under paragraph (a) of this section (e) In his discretion, to permit cross- shall incorporate a concise general examination of any witness; statement of its basis and purpose. The (f) To take official notice of material statement is not required to include facts not appearing in the evidence in specific and detailed findings and con- the record, so long as parties are enti- clusions of the kind customarily asso- tled, on timely request, to an oppor- ciated with formal proceedings. How- tunity to show the contrary; and ever, the statement will show the sig- (g) In his discretion, to keep the nificant issues which have been faced, record open for a reasonable, stated and will articulate the rationale for time to receive written recommenda- their solution. tions, and supporting reasons, and ad- (c) Where an advisory committee has ditional data, views, and arguments been consulted in the formulation of a from any person who has participated proposed rule, the Assistant Secretary in the oral proceeding. may seek the advice of the advisory committee as to the disposition of the § 1911.17 Certification of the record of proceeding. In giving advice to the As- a hearing. sistant Secretary, an advisory com- Upon completion of the oral presen- mittee shall consider all matter pre- tations, the transcript thereof, to- sented to the Assistant Secretary. The gether with written submissions on the advice of an advisory committee shall proposed rule, exhibits filed during the take the form of written recommenda- hearing, and all posthearing comments, tions to be submitted to the Assistant recommendations, and supporting rea- Secretary within a period to be pre- sons shall be certified by the officer scribed by him. When the recommenda- presiding at the hearing to the Assist- tions are contained in the transcript of ant Secretary. the meeting of an advisory committee, they shall be summary in form. See § 1911.18 Decision. §§ 1912.33 and 1912.34 of this chapter. (a)(1) Within 60 days after the expira- (d) A rule promulgating, modifying, tion of the period provided for the sub- or revoking a standard, or a determina- mission of written data, views, and ar- tion that a rule should not be promul- guments on a proposed rule on which gated, shall be considered issued at the no hearing is held, or within 60 days time when the rule or determination is after the certification of the record of officially filed in the Office of the Fed- a hearing, the Assistant Secretary eral Register. The time of official filing shall publish in the FEDERAL REGISTER in the Office of the Federal Register is either an appropriate rule promul- established for the purpose of deter- gating, modifying, or revoking a stand- mining the prematurity, timeliness, or ard, or a determination that such a lateness of petitions for judicial re- rule should not be issued. The action of view. the Assistant Secretary shall be taken after consideration of all relevant mat- [37 FR 8665, Apr. 29, 1972, as amended at 42 ter presented in written submissions FR 65166, Dec. 30, 1977] and in any hearings held under this part. PART 1912—ADVISORY (2) A determination that a rule COMMITTEES ON STANDARDS should not be issued on the basis of existing relevant matter may be accom- Sec. panied by an invitation for the submis- 1912.1 Purpose and scope. sion of additional data, views, or arguments from interested persons on the ORGANIZATIONAL MATTERS issue or issues involved. In which 1912.2 Types of standards advisory commit- event, an appropriate rule or other de- tees.

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1912.3 Advisory Committee on Construction tion and functions of the Advisory Safety and Health. Committee on Construction Safety and 1912.4 Avoidance of duplication. Health. 1912.5 National Advisory Committee on Oc- cupational Safety and Health. (b) The policies and practices herein 1912.6 Conflict of interest. are intended to reflect those expressed 1912.7 Reports. in the Federal Advisory Committee Act 1912.8 Committee charters. (Pub. L. 92–463, 86 Stat. 770) and will be 1912.9 Representation on section 7(b) com- applied in a manner consistent with mittees. the Act, Office of Management and 1912.10 Terms of continuing committee Budget Circular A–63, ‘‘Committee members. 1912.11 Terms of ad hoc committee mem- Management’’, and the Department of bers. Labor’s general rules under that Act 1912.12 Termination of advisory commit- which are published in part 15 of this tees; renewal. title.

OPERATION OF ADVISORY COMMITTEES ORGANIZATIONAL MATTERS 1912.25 Call of meetings. 1912.26 Approval of agenda. § 1912.2 Types of standards advisory 1912.27 Notice of meetings. committees. 1912.28 Contents of notice. 1912.29 Attendance by members. The Assistant Secretary establishes 1912.30 Quorum; committee procedure. two types of advisory committees 1912.31 Experts and consultants. under section 7(b) of the Act to assist 1912.32 Presence of OSHA officer or em- him in his standards-setting duties. ployee. These are: 1912.33 Minutes. (a) Continuing committees which 1912.34 Freedom of Information Act. have been, or may be established from 1912.35 Availability and cost of transcripts. 1912.36 Advice of advisory committees. time to time, to assist in the development of standards in areas where there MISCELLANEOUS is frequent rulemaking and the use of 1912.40 General services. ad hoc committees is impractical; and 1912.41 Legal services. (b) Ad hoc committees which are es- 1912.42 Reservation. tablished to render advice in particular 1912.43 Petitions for changes in the rules; rulemaking proceedings. complaints. 1912.44 Definitions. § 1912.3 Advisory Committee on Con- AUTHORITY: Secs. 4, 6, 7, 8, Occupational struction Safety and Health. Safety and Health Act of 1970 (29 U.S.C. 653, (a) This part applies to the Advisory 655, 656, 657); 5 U.S.C. 553; Federal Advisory Committee Act (5 U.S.C. App. 2); sec. 107, Committee on Construction Safety and Contract Work Hours and Safety Standards Health which has been established Act (Construction Safety Act) (40 U.S.C. 333); under section 107 of the Contract Work Secretary of Labor’s Order No. 12–71 (36 FR Hours and Safety Standards Act (40 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), or U.S.C. 333), commonly known as the 3–2000 (65 FR 50017), as applicable. Construction Safety Act. The aforesaid SOURCE: 38 FR 28035, Oct. 11, 1973, unless section 107 requires the Secretary of otherwise noted. Labor to seek the advice of the Advi- sory Committee in formulating con- § 1912.1 Purpose and scope. struction standards thereunder. The (a) This part prescribes the policies standards which have been issued and procedures governing the composi- under section 107 are published in part tion and functions of advisory commit- 1926 of this chapter. In view of the far- tees which have been, or may be, ap- reaching coverage of the Construction pointed under section 7(b) of the Act to Safety Act, the myriad of standards assist the Assistant Secretary in car- which may be issued thereunder, and rying out the standards-setting duties the fact that the Construction Safety of the Secretary of Labor under section Act would also apply to much of the 6 of the Act. Such committees are spe- work which is covered by the Williams- cifically authorized by section 7(b). Steiger Occupational Safety and The part also prescribes the policies Health Act of 1970, whenever occupa- and procedures governing the composi- tional safety or health standards for

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construction activities are proposed, one advisory committee, rather than the Assistant Secretary shall consult possibly several advisory committees, the Advisory Committee. The composi- in situations where both the Contract tion of the Advisory Committee is con- Work Hours and Safety Standards Act sistent with that of advisory commit- and the Williams-Steiger Occupational tees which may be appointed under sec- Safety and Health Act may be expected tion 7(b) of the Act. See paragraph (c) to apply to construction activity and of this section. An additional advisory by affording a greater opportunity for committee will not normally be estab- representation on the Advisory Com- lished under section 7(b) of the Act, un- mittee within the construction indus- less the issue or issues involved in- try. clude, but extend beyond construction (d) See paragraph (c) of § 1912.5 re- activity. See § 1912.4 concerning the garding the general policy role of the general policy against duplication of Advisory Committee. activity by advisory committees. (e) Except as provided in paragraphs (b) The Advisory Committee is a con- (f) through (j) of this section, each tinuing advisory body. It is composed member of the Advisory Committee of 15 members appointed by the Assist- shall serve for a period of 2 years. Ap- ant Secretary, one of whom is appointment of a member to the Com- pointed by him as Chairman. The committee for a fixed time period shall not position of the Advisory Committee is affect the authority of the Secretary to as follows: remove, in his or her discretion, any (1) One member who is a designee of member at any time. If a member re- the Secretary of Health, Education, signs or is removed before his or her and Welfare; term expires, the Secretary of Labor (2) Five members who are qualified may appoint for the remainder of the by experience and affiliation to present unexpired term a new member who the viewpoint of the employers in- shall represent the same interest as his volved, and five members who are simi- or her predecessor. larly qualified to present the viewpoint (f) The designee of the Secretary of of the employees involved; Health, Education, and Welfare shall (3) Two representatives of State safe- have no fixed term. ty and health agencies; and (g) To provide for continuity in the (4) Two members who are qualified by membership of the Committee, the knowledge and experience to make a terms of the members may be appro- useful contribution to the work of the priately staggered. Committee. (h) Members may be appointed to (c) As originally constituted, the Ad- successive terms. visory Committee was composed of (i) A member who is otherwise quali- nine members. However, pursuant to fied may continue to serve until a suc- section 105 of the Contract Work Hours cessor is appointed. and Safety Standards Act (40 U.S.C. (j) There shall be filed on behalf of 331), it has been found necessary and the Advisory Committee on Construc- proper in the public interest and in tion Safety and Health, an advisory order to prevent possible injustice, to committee established by the Con- vary the composition of the Advisory struction Safety Act, a charter in ac- Committee: cordance with section 9(c) of the Fed- (1) By having its membership and eral Advisory Committee Act upon the representation conform to the provi- expiration of each successive 2-year pe- sions of section 7(b) of the Williams- riod following the date of enactment of Steiger Occupational Safety and the Construction Safety Act (i.e., Au- Health Act, and gust 9, 1969). (2) By increasing its membership to [38 FR 28035, Oct. 11, 1973, as amended at 67 15 members as permitted under the FR 659, Jan. 7, 2002] aforementioned section 7(b). Greater membership and greater rep- § 1912.4 Avoidance of duplication. resentation serve the public interest No standards advisory committee and avoids possible injustice by per- shall be created if its duties are being, mitting for the most part the use of or could be, performed by an existing

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advisory committee established under until a committee charter has been section 7(b) of the Act. filed with the Secretary of Labor, the standing committees of the Congress § 1912.5 National Advisory Committee having legislative jurisdiction of the on Occupational Safety and Health. Department of Labor and the Library (a) Section 7(a) of the Act established of Congress. a National Advisory Committee on Oc- (b) Committee charter information. cupational Safety and Health. The Each Advisory committee charter shall Committee is to advise, consult with, contain the following information: and make recommendations to the Sec- (1) The committee’s official designa- retary and the Secretary of Health, tion; Education, and Welfare on matters re- (2) The committee’s objectives and lating to general administration of the scope of activity; i.e., the standard or Act. standards to be developed; (b) Advisory committees appointed (3) The period of time necessary for under section 7(b) of the Act, which are the committee to carry out its pur- the subject of this part, have a more poses; limited role. Such advisory committees (4) The agency to whom the advisory are concerned exclusively with assist- committee reports (i.e., the Assistant ing the Assistant Secretary in his Secretary); standards-setting functions under sec- (5) The agency responsible for pro- tion 6 of the Act. viding support (i.e., the Occupational (c) On the other hand, the Advisory Safety and Health Administration); Committee on Construction Safety and (6) Description of the committee’s Health, established under the Con- duties; struction Safety Act, provides assist- (7) The estimated number and fre- ance in both the setting of standards quency of committee meetings; thereunder and policy matters arising (8) The estimated annual operating in the administration of the Construc- costs in dollars and man-years; tion Safety Act. To the extent that the (9) The committee’s termination date Advisory Committee on Construction or other fixed period of termination, if Safety and Health renders advice to less than 2 years (see § 1912.3(j) con- the Assistant Secretary on general pol- cerning the Advisory Committee on icy matters, its activities should be co- Construction Safety and Health); and ordinated with those of the National (10) The date the charter is filed with Advisory Committee on Occupational the Department of Labor’s Committee Safety and Health. Management Officer. (c) Applicability of this section to sub- § 1912.6 Conflict of interest. groups The applicability of this section No members of any advisory com- to subgroups of an advisory committee mittee other than members rep- depends upon the nature of the sub- resenting employers or employees shall group. With regard to formal sub- have an economic interest in any pro- groups, such as a formal subcommittee posed rule. of an advisory committee, the requisite information should be set forth either § 1912.7 Reports. in the charter of the parent committee The Assistant Secretary shall pre- or in a separate charter. Informal sub- pare, or cause to be prepared, for the groups of an advisory committee, par- Department of Labor’s Committee ticularly those temporary in nature, Management Officer reports describing need not be reflected expressly in a the committee’s membership, func- charter. tions, and actions as may be necessary (d) The Assistant Secretary shall file for the performance of the duties of the each charter with the Department’s Committee Management officer. Committee Management Officer.

§ 1912.8 Committee charters. § 1912.9 Representation on section 7(b) (a) Filing. No advisory committee committees. shall take any action or conduct any (a) Any advisory committee ap- business subsequent to January 5, 1973, pointed by the Assistant Secretary

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under section 7(b) of the Act shall con- bers may be varied. For example, in the tain the following: case of a 15-member committee, the (1) At least one member who is a des- Assistant Secretary could appoint two ignee of the Secretary of Health, Edu- members representing Federal and cation, and Welfare; State agencies, two members rep- (2) At least one member who is quali- resenting employers, two members rep- fied by experience and affiliation to resenting employees, and two members present the viewpoint of the employers representing other interests to one involved, and at least one member who year terms. He could appoint two mem- is similarly qualified to present the bers representing Federal and State viewpoint of the employees involved. agencies, two members representing There shall be an equal number of rep- employers, two members representing resentatives of employers and employ- employees, and one member rep- ees involved; and resenting other interests for two year (3) At least one representative of terms. Thereafter, at the expiration of State health and safety agencies. such terms, members would be ap- (b) The advisory committee may in- pointed or reappointed for regular clude such other persons as the Assist- terms of two years. The initial appoint- ant Secretary may appoint who are ments to committees with fewer than qualified by knowledge and experience 15 members could be similarly varied. to make a useful contribution to the [38 FR 28035, Oct. 11, 1973, as amended at 67 work of the committee, including one FR 659, Jan. 7, 2002] or more representatives of professional organizations of technicians or profes- § 1912.11 Terms of ad hoc committee sionals specializing in occupational members. safety or health and one or more per- Each member of an ad hoc advisory sons of nationally recognized stand- committee shall serve for such period ards-producing organizations, but the as the Assistant Secretary may pre- number of persons so appointed shall scribe in his notice of appointment. Ap- not exceed the number of persons appointment of a member to the Com- pointed as representatives of Federal mittee for a fixed time period shall not and State agencies. affect the authority of the Secretary to (c) Each committee shall consist of remove, in his or her discretion, any not more than 15 members. member at any time. If a member re- (d) The representation in the Advi- signs or is removed before his or her sory Committee on Construction Safe- term expires, the Secretary of Labor ty and Health is described in § 1912.3. may appoint a new member to serve for § 1912.10 Terms of continuing com- the remaining portion of the period mittee members. prescribed in the notice appointing the original member of the committee. (a) Each member of a continuing committee established under section [67 FR 659, Jan. 7, 2002] 7(b) of the Act, other than those appointed to a committee when it is § 1912.12 Termination of advisory com- formed initially shall serve for a period mittees; renewal. of 2 years. Appointment of a member to (a) Every standards advisory com- the Committee for a fixed time period mittee established under section 7(b) of shall not affect the authority of the the Act shall terminate not later than Secretary to remove, in his or her dis- 2 years after its charter has been filed, cretion, any member at any time. If a unless its charter is renewed by appro- member resigns or is removed before priate action for a successive period of his or her term expires, the Secretary not more than 2 years. The procedure of Labor may appoint for the remain- for renewal shall be the same as that der of the unexpired term a new mem- specified in paragraph (b) of this sec- ber who shall represent the same inter- tion. est as his or her predecessor. (b) Each advisory committee estab- (b) To provide for continuity in the lished under section 7(b) of the Act membership of continuing committees which is in existence on January 5, the initial appointments of its mem- 1973, shall terminate by January 5,

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1975, unless it is renewed before the lat- tical. It shall, however, be a general ter date. Before any advisory com- policy to publish notices as far in ad- mittee can be renewed, the Assistant vance of the meeting as circumstances Secretary must determine that such will permit. Such notice shall be given renewal is necessary, and so inform the by publication in the FEDERAL REG- Department of Labor’s Committee ISTER. In addition, notice may be given Management Officer. The OMB Secre- by such other means as press releases. tariat must be informed of this deter- [48 FR 23185, May 24, 1983] mination and the reasons for it. Such determination shall be made not more § 1912.28 Contents of notice. than 60 days before the scheduled date (a) The notice shall give the name of of termination. If the OMB Secretariat the committee, and the time and place concurs, a new charter shall be filed re- of the meeting. newing the advisory committee and a (b) The notice shall describe fully or notice of the renewal shall be published summarize adequately the agenda. in the FEDERAL REGISTER. (c) The notice shall announce that (c) Unless provided otherwise by the the meeting is open to the public. Assistant Secretary, the duration of a (d) The notice shall indicate that in- subgroup of a committee shall not be terested persons have an opportunity longer than that of the parent com- to file statements in written form with mittee. the committee. The notice may specify (d) No advisory committee required whether the statements are to be filed to file a new charter under this section before or during the meeting. shall take any action (other than the (1) The chairman may permit oral preparation and filing of charter) be- statements before the committee by fore the date on which the charter is interested persons. In exercising his filed. discretion in this regard, the chairman shall take into consideration the num- OPERATION OF ADVISORY COMMITTEES ber of persons in attendance, the na- § 1912.25 Call of meetings. ture and extent of their proposed individual participation, the extent to No advisory committee shall hold which presentations would anticipate any meeting except at the call of, or presentations which may be made in with the advance approval, of the As- any rulemaking proceeding under sec- sistant Secretary or his representative tion 6 of the Act subsequent to the rec- designated for this purpose. The De- ommendations of the committee, and partment of Labor’s Committee Man- the time, resources, and facilities agement Officer shall be promptly in- available to the committee. When formed of any meeting that is called. counsel is made available to the committee, the chairman shall consult § 1912.26 Approval of agenda. counsel before making a decision on Each meeting of an advisory com- whether to permit oral statements. In mittee shall be conducted in accord- his discretion, the chairman, upon con- ance with an agenda approved by the sultation with counsel if made avail- Assistant Secretary or his representa- able to the committee, may allow or tive designated for this purpose. No preclude the questioning of committee particular form for the agency is pre- members or other participants. scribed. (2) The person calling the meeting may provide in the notice of the meet- § 1912.27 Notice of meetings. ing that summaries of any proposed Public notice of any meeting of an oral presentations be filed in advance advisory committee shall be given by of the meeting, and may allow or pre- the officer or employee calling the clude the questioning of committee meeting at least fifteen (15) days in ad- members or other participants. vance of the meeting; except when it is impractical to do so, or in an emer- § 1912.29 Attendance by members. gency situation, in which event shorter Any person appointed by the Assist- advance notice may be given to the ex- ant Secretary to an advisory com- tent that any advance notice is prac- mittee has a right to be present at any

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duly called meeting. If any person rep- § 1912.33 Minutes. resenting the interests of employers, (a) Detailed minutes of advisory com- employees, or the States is unable to mittee meetings shall be prepared, as be present at a duly called meeting, he directed, and certified as accurate, by may notify the Assistant Secretary or the Chairman of the committee. In ad- his designee, and request that another dition to the minutes there shall be member of the Committee representing kept verbatim transcripts of all advi- the same interests be permitted to vote sory committee meetings. in his place on any matters coming be- (b) The minutes shall include at least fore the advisory committee in the par- the following: ticular meeting. The request may be (1) A list of the advisory committee oral or in writing, and shall be accom- members and agency employees who panied by a statement of reasons for were present at the meeting; the anticipated absence. The Assistant (2) Any significant conclusions Secretary or his designee shall grant reached which are not recommenda- the request whenever he is convinced tions; that the reasons for absence are valid (3) Any written information made and that number of requested proxies available for consideration by the com- for any particular meeting will not be mittee, including copies of all reports so numerous as to impede materially received, issued, or approved by the the deliberations of the advisory com- committee; mittee. (4) Any recommendations made by the committee to the Assistant Sec- § 1912.30 Quorum; committee proce- retary and the reasons therefor; dure. (5) An explanation of the extent, if (a) A majority of the members of any any, of public participation, including advisory committee, including the a list of interested persons who pre- Construction Safety Advisory Com- sented oral or written statements; and mittee, shall constitute a quorum, so an estimate of the number of the mem- long as there are present at least one bers of the public who attended the member who is a representative of em- meeting. ployees and one member who is a representative of employers. § 1912.34 Freedom of Information Act. (b) In the absence of its chairman, Subject to the Freedom of Informa- the committee may designate a mem- tion Act (5 U.S.C. 552) and part 70 of ber to preside at any meeting thereof. this title and part 1913 of this chapter, there shall be available for public in- § 1912.31 Experts and consultants. spection and copying in the Office of At the request of an advisory com- Standards, Occupational Safety and mittee or the person calling a meeting Health Administration, documents of an advisory committee, the Assist- which were made available to or pre- ant Secretary may make available to pared for or by each advisory com- the committee any experts or consult- mittee. ants in the field involved. Any expert or consultant so made available may § 1912.35 Availability and cost of tran- participate in the deliberations of the scripts. committee with the consent of the Except where prohibited by contrac- committee. tual agreements entered into before the effective date of the Federal Advi- § 1912.32 Presence of OSHA officer or sory Committee Act (January 5, 1973), employee. any transcripts of advisory committee The meetings of all advisory commit- meetings are to be made available to tees shall be in the presence of an any person at the actual cost of dupli- OSHA officer or employee designated cation. for this purpose. Such officer or employee shall be empowered to adjourn § 1912.36 Advice of advisory commit- any meeting whenever he determines tees. adjournment to be in the public inter- (a) Approval by a majority of all est. members of an advisory committee is

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encouraged for rendering advice or § 1912.42 Reservation. making recommendations. However, a The policies and procedures set forth failure to marshal a majority of all in this part are intended for general ap- members of an advisory committee plication. In specific situations where shall not be a reason for not giving ad- the Assistant Secretary determines vice to the Assistant Secretary. The that different policies or procedures Assistant Secretary shall be informed would better serve the objectives of the of any concurring or dissenting views. Act, such policies or procedures may be (b) An advisory committee shall sub- modified upon appropriate notice to mit to the Assistant Secretary its rec- any persons affected by the modifica- ommendations within 90 days from the tion to the extent that such policies or date of its commencement of its as- procedures are consistent with the Fed- signed tasks, or within such longer or eral Advisory Committee Act and OMB shorter period otherwise prescribed by Circular A–63, and are approved by the the Assistant Secretary or one of his Solicitor under part 15 of this title. representatives. If a committee be- § 1912.43 Petitions for changes in the lieves that it cannot submit its rec- rules; complaints. ommendations within the applicable (a) Each interested person shall have period, its chairman may make a writ- the right to petition for the issuance, ten request for an extension of time to amendment, or repeal of rules pub- the Director of the Office of Standards, lished in this part. Any such petition before the expiration of the period. The will be considered in a reasonable time. Director of the Office of Standards may Prompt notice shall be given of the de- grant such a request, provided that the nial in whole or in part of any petition. period of the extension or extensions, Except in affirming a prior denial or together with the original period for when the denial is self-explanatory, the the submission of recommendations, is notice shall be accompanied by a brief not longer than 270 days from the date statement of the reasons therefor. the advisory committee commenced its (b) Any advisory committee member assigned tasks. or any other aggrieved person may file (c) In a case where an advisory com- a written complaint with the Assistant mittee has not submitted its rec- Secretary alleging noncompliance with the rules in this part. Any complaint ommendations by the end of the appli- must be timely filed, but in no case cable period therefor, the Assistant shall any complaint be filed later than Secretary may dissolve the committee thirty (30) days following the act of al- and direct the immediate transmittal leged noncompliance. Any complaint to him of any materials submitted to, shall be acted upon promptly and a or prepared by, the advisory com- written notice of the disposition of the mittee. complaint shall be provided to the complainant. MISCELLANEOUS § 1912.44 Definitions. § 1912.40 General services. As used in this part 1912, unless the The Assistant Secretary shall pro- context clearly requires otherwise: vide supporting services to advisory (a) Act means the Williams-Steiger committees. Such services shall in- Occupational Safety and Health Act of clude clerical, stenographic, and other 1970 (84 Stat. 1590; 29 U.S.C. 650). forms of technical assistance. (b)(1) For purposes of implementing the Federal Advisory Committee Act, § 1912.41 Legal services. the term Advisory Committee has the The Solicitor of Labor shall provide same meaning as set forth in section 3 such legal assistance as may be nec- (2) thereof. Hence, the term includes subcommittees to the extent that the essary or appropriate for advisory com- conduct of their meetings relates to mittees to carry out their functions in matters regulated by the Federal Advi- accordance with the requirements of sory Committee Act. Consistent with this part. that definition as interpreted in Office

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of Management and Budget (OMB) Cir- § 1912a.1 Purpose and scope. cular A–63, the term does not include (a) Section 7(a) of the Williams- informal subgroups having few charac- Steiger Occupational Safety and teristics of formal advisory commit- Health Act of 1970 establishes a Na- tees. tional Advisory Committee on Occupa- (2)(i) For purposes of the Act, the tional Safety and Health (hereinafter term means any committee appointed referred to as the Committee), to ad- under section 7(b) thereof to provide vise, consult with, and make rec- advice to the Assistant Secretary in ommendations to the Secretary of the development of occupational safety Labor and the Secretary of Health, and health standards under the Act. Education, and Welfare, on matters re- (ii) The term also includes the Advi- lating to the administration of the Act. sory Committee on Construction Safe- (b) This part 1912a sets forth the pro- ty and Health established under the cedures used by the Committee in ful- Construction Safety Act. filling its responsibilities. They are in- (c) Assistant Secretary means the As- tended to comply with the require- sistant Secretary of Labor for Occupa- ments of the Federal Advisory Com- tional Safety and Health. mittee Act (Pub. L. 92–463), which obli- (d) Committee charter means an order, gates advisory committees used by fed- statement or proclamation of the As- eral agencies to adhere to certain basic sistant Secretary establishing, con- methods of operation and administra- tinuing, or using an advisory com- tion. mittee, as the case may be. § 1912a.2 Membership. (e) Construction Safety Act means sec- The Committee is a continuing advi- tion 107 of the Contract Work Hours sory body of 12 members. Two members and Safety Standards Act (83 Stat. 96; will represent management, two mem- 40 U.S.C. 333). bers will represent labor, two members will represent the occupational health PART 1912a—NATIONAL ADVISORY professions, two members will rep- COMMITTEE ON OCCUPATIONAL resent the occupational safety profes- SAFETY AND HEALTH sions, and four members will represent the public. The Secretary of Health, Sec. Education, and Welfare will designate 1912a.1 Purpose and scope. the two members representative of the 1912a.2 Membership. occupational health professions and 1912a.3 Terms of membership. two of the members representative of 1912a.4 Meetings. the public. All the members will be se- 1912a.5 Advice and recommendations. lected upon the basis of their experi- 1912a.6 Quorum. ence and competence in the field of oc- 1912a.7 Notice of meetings. cupational safety and health. All the 1912a.8 Contents of notice. members will be appointed by the Sec- 1912a.9 Assistance to the committee. retary of Labor, who will designate one 1912a.10 Presence of OSHA officer or em- of the public members as Chairman. ployee. 1912a.11 Minutes; transcript. § 1912a.3 Terms of membership. 1912a.12 Charter. Commencing on July 1, 1973, the 1912a.13 Subcommittees and subgroups. terms of membership shall be divided 1912a.14 Petitions for changes in the rules; into two classes, each consisting of six complaints. members. Members of the first class AUTHORITY: Secs. 4, 6, 7, 8, Occupational shall be appointed for a term of one Safety and Health Act of 1970 (29 U.S.C. 653, year. Members of the second class shall 655, 656, 657); 5 U.S.C. 553; Federal Advisory be appointed for a term of two years. Committee Act (5 U.S.C. App. 2); Secretary Thereafter, members shall be ap- of Labor’s Order No. 12–71 (36 FR 8754), 8–76 pointed for regular terms of two years. (41 FR 25059), 9–83 (48 FR 35736), or 3–2000 (65 At all times the Committee shall be FR 50017), as applicable. composed of representatives of man- SOURCE: 38 FR 28934, Oct. 18, 1973, unless agement, labor, and occupational safe- otherwise noted. ty and health professions, and of the

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public. Appointment of a member to or his delegate shall appoint a public the Committee for a fixed time period member to preside. shall not affect the authority of the Secretary to remove, in his or her dis- [38 FR 28934, Oct. 18, 1973, as amended at 48 cretion, any member at any time. If a FR 23185, May 24, 1983] member resigns or is removed before § 1912a.7 Notice of meetings. his or her term expires, the Secretary of Labor may appoint for the remain- Public notice of any meeting of the der of the unexpired term a new mem- Committee shall be given by the person ber who shall represent the same inter- calling the meeting in accordance with est as his or her predecessor. § 1912a.4 or at his direction at least fif- [67 FR 660, Jan. 7, 2002] teen (15) days in advance of the meeting; except when it is impractical to do § 1912a.4 Meetings. so, or in an emergency situation, in (a) The Committee shall hold no which event shorter advance notice fewer than two meetings during each may be given. Such notice shall be calendar year and, it is contemplated given by publication in the FEDERAL that no more than six meetings a year REGISTER as much in advance of the will be held. No meeting shall be held meeting as circumstances will permit. except at the call of or with the ad- In addition, notice may be given by vance approval of: such other means as press releases. (1) The Secretary of Labor, or his [48 FR 23185, May 24, 1983] duly authorized representative; or (2) The Secretary of Health, Edu- § 1912a.8 Contents of notice. cation, and Welfare, or his duly authorized representative. (a) Notices of meetings shall describe (b) An agenda shall be approved in fully or summarize adequately the advance by the person calling or ap- agenda. proving the meeting, in consultation (b) The notice shall announce that with the Chairman or his delegate. No the meeting is open to the public. particular form for the agenda is pre- (c) The notice shall indicate that in- scribed. Members of the Committee terested persons have an opportunity may propose items for the agenda to to file statements in written form with the Chairman. the Committee. The notice shall specify when the statements are to be filed § 1912a.5 Advice and recommendations. with the Committee. (d) In the discretion of the Chairman Any advice or recommendations of of the meeting, oral statements may be the Committee shall be given or made made before the Committee by inter- with approval of a majority of all Com- mittee members present. The Chair- ested persons after taking into consid- man shall include in any report of such eration the number of persons in at- advice or recommendations any con- tendance, the nature and extent of curring or dissenting views as well as their proposed individual participation, abstentions and absences. Any member and the time, resources, and facilities may submit his own advice and rec- available to the Committee. As a gen- ommendations in the form of indi- eral policy, time for such presentations vidual views with respect to any mat- will be made available only at sub- ter which has been considered by the committee meetings. The time for a Committee. meeting of the full committee does not normally permit the reception of such § 1912a.6 Quorum. presentations without substantially in- (a) A majority of the members of the truding upon the frequently limited Committee shall constitute a quorum. time that the members may be able to (b) In an absence of brief duration of devote to the meeting. The person call- its Chairman, the Committee may des- ing the meeting may provide in the no- ignate a public member to preside at tice of the meeting that summaries of any meeting thereof. In case of an ex- any proposed oral presentations be tended absence, the Secretary of Labor filed in advance of the meeting.

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§ 1912a.9 Assistance to the committee. (5) An explanation of the extent, if any, of public participation, including (a) At the request of the Committee or the person calling a meeting, the As- a list of interested persons who pre- sistant Secretary of Labor for Occupa- sented oral or written statements; and tional Safety and Health may make an estimate of the number of the mem- available to the Committee any needed bers of the public who attended the experts or consultants. Any expert or meeting. consultant so made available may participate in the deliberations of the § 1912a.12 Charter. Committee with the consent of the The Committee shall operate in ac- Committee. cordance with its charter. In accord- (b) The Assistant Secretary shall fur- ance with section 14(b)(2) of the Fed- nish the Committee an executive sec- eral Advisory Committee Act, there retary. He shall also furnish such sec- shall be filed on behalf of the Com- retarial, clerical, and other services as mittee a charter in accordance with are deemed necessary to the conduct of section 9(c) thereof upon the expiration its business. of each successive two-year period fol- (c) The Solicitor of Labor shall pro- lowing December 28, 1970, the date of vide such legal assistance as may be enactment of the Occupational Safety necessary or appropriate for the Com- and Health Act. mittee to carry out its functions in accordance with the requirements of this § 1912a.13 Subcommittees and subpart. groups. § 1912a.10 Presence of OSHA officer or (a) The Chairman may appoint from employee. among the members of the Committee The meetings of all advisory commit- any number of subcommittees for the tees shall be in the presence of an offi- purpose of assisting the Committee in cer or employee of the Federal Govern- carrying out its functions. All the pro- ment referred to in § 1912a.4. Such offi- visions of this part regarding the con- cer or employee shall be empowered to duct of Committee meetings are appli- adjourn any meeting whenever he de- cable to the conduct of subcommittee termines adjournment to be in the pub- meetings. For example, any meeting of lic interest. subcommittees shall be open to the public, and notice of subcommittee § 1912a.11 Minutes; transcript. meetings shall be published in the FED- (a) Detailed minutes of the Com- ERAL REGISTER. mittee meetings shall be prepared, and (b) The purpose of any subcommittee shall be certified as accurate by the is to give advice and make rec- Chairman. In addition to the minutes ommendations solely to the full Com- there shall be kept verbatim tran- mittee and under no circumstances scripts of the Committee meetings. may any subcommittee act outside this (b) The minutes shall include at least purpose. The Chairman may appoint the following: any member of a Subcommittee to act (1) A list of the Committee members as Chairman. and agency employees who were (c) Subcommittee shall operate in ac- present at the meeting; cordance with the Committee’s charter (2) Any significant conclusions and the procedures set forth in this reached which are not recommenda- part. tions; (d) The Chairman may appoint tem- (3) Any written information made porary informal subgroups from among available for consideration by the Com- mittee, including copies of all reports the members to perform such services received, issued, or approved by the as assisting the Committee or the Committee; Chairman by gathering technical infor- (4) Any recommendations made by mation or for suggesting schedules, the Committee and the reasons there- plans, agenda, terms or methods of op- for; eration.

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§ 1912a.14 Petitions for changes in the medical information will be exercised rules; complaints. only after the agency has made a care- (a) Any interested person shall have ful determination of its need for this the right to petition for the issuance, information, and only with appropriate amendment, or repeal of rules pub- safeguards to protect individual pri- lished in this part. Any such petition vacy. Once this information is ob- will be considered in a reasonable time. tained, OSHA examination and use of Prompt notice shall be given of the de- it will be limited to only that informa- nial in whole or in part of any petition. tion needed to accomplish the purpose Except in affirming a prior denial or for access. Personally identifiable em- when the denial is self-explanatory the ployee medical information will be re- notice shall be accompanied by a brief tained by OSHA only for so long as statement of the reasons therefor. needed to accomplish the purpose for (b) Any advisory committee member access, will be kept secure while being or any other aggrieved person may file used, and will not be disclosed to other a written complaint with the Assistant agencies or members of the public ex- Secretary alleging noncompliance with cept in narrowly defined cir- the rules in this part. Any complaint cumstances. This section establishes must be timely filed, but in no case procedures to implement these poli- shall any complaint be filed later than cies. thirty (30) days following the day on (b) Scope and application. (1) Except which the act of alleged noncompliance as provided in paragraphs (b) (3) occurred. Any complaint shall be acted through (6) below, this section applies upon promptly and a written notice of to all requests by OSHA personnel to the disposition of the complaint shall obtain access to records in order to ex- be provided to the complainant. amine or copy personally identifiable (c) Complaints and petitions should employee medical information, wheth- make reference to this § 1912a.14 and be er or not pursuant to the access provi- filed and addressed as follows: sions of 29 CFR 1910.1020(e). (2) For the purposes of this section, Assistant Secretary of Labor for Occupa- ‘‘personally identifiable employee med- tional Safety and Health ical information’’ means employee United States Department of Labor medical information accompanied by Washington, D.C. 20210. either direct identifiers (name, address, social security number, payroll num- PART 1913—RULES OF AGENCY ber, etc.) or by information which PRACTICE AND PROCEDURE could reasonably be used in the par- CONCERNING OSHA ACCESS TO ticular circumstances indirectly to EMPLOYEE MEDICAL RECORDS identify specific employees (e.g., exact age, height, weight, race, sex, date of initial employment, job title, etc.). AUTHORITY: Sec. 8, Occupational Safety (3) This section does not apply to and Health Act of 1970 (29 U.S.C. 657); Sec. e, Privacy Act (5 U.S.C. 552a(e); 5 U.S.C. 301); OSHA access to, or the use of, aggre- Secretary of Labor’s Order No. 8–76 (41 FR gate employee medical information or 25059), or 5–2002 (67 FR 65008) as applicable. medical records on individual employees which is not in a personally identi- § 1913.10 Rules of agency practice and fiable form. This section does not apply procedure concerning OSHA access to records required by 29 CFR part 1904, to employee medical records. to death certificates, or to employee (a) General policy. OSHA access to exposure records, including biological employee medical records will in cer- monitoring records treated by 29 CFR tain circumstances be important to the 1910.1020(c)(5) or by specific occupa- agency’s performance of its statutory tional safety and health standards as functions. Medical records, however, exposure records. contain personal details concerning the (4) This section does not apply where lives of employees. Due to the substan- OSHA compliance personnel conduct tial personal privacy interests in- an examination of employee medical volved, OSHA authority to gain access records solely to verify employer com- to personally identifiable employee pliance with the medical surveillance

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recordkeeping requirements of an occu- port directly to the Assistant Sec- pational safety and health standard, or retary on matters concerning this sec- with 29 CFR 1910.1020. An examination tion and shall be responsible for: of this nature shall be conducted on- (i) Making recommendations to the site and, if requested, shall be con- Assistant Secretary as to the approval ducted under the observation of the or denial of written access orders recordholder. The OSHA compliance (paragraph (d)), personnel shall not record and take off- (ii) Assuring that written access or- site any information from medical ders meet the requirements of para- records other than documentation of graphs (d) (2) and (3) of this section, the fact of compliance or non-compli- (iii) Responding to employee, collec- ance. tive bargaining agent, and employer (5) This section does not apply to objections concerning written access agency access to, or the use of, person- orders (paragraph (f)), ally identifiable employee medical in- (iv) Regulating the use of direct per- formation obtained in the course of sonal identifiers (paragraph (g)), litigation. (v) Regulating internal agency use (6) This section does not apply where and security of personally identifiable a written directive by the Assistant employee medical information (para- Secretary authorizes appropriately graphs (h) through (j)), qualified personnel to conduct limited (vi) Assuring that the results of agen- reviews of specific medical information cy analyses of personally identifiable mandated by an occupational safety medical information are, where appro- and health standard, or of specific bio- priate, communicated to employees logical monitoring test results. (paragraph (k)), (7) Even if not covered by the terms (vii) Preparing an annual report of of this section, all medically related OSHA’s experience under this section information reported in a personally (paragraph (l)), and identifiable form shall be handled with (viii) Assuring that advance notice is appropriate discretion and care befit- given of intended inter-agency trans- ting all information concerning spe- fers or public disclosures (paragraph cific employees. There may, for exam- (m)). ple, be personal privacy interests in- (3) Principal OSHA Investigator. The volved which militate against disclo- Principal OSHA Investigator shall be sure of this kind of information to the the OSHA employee in each instance of public (See, 29 CFR 70.26 and 70a.3). access to personally identifiable em- (c) Responsible persons—(1) Assistant ployee medical information who is Secretary. The Assistant Secretary of made primarily responsible for assur- Labor for Occupational Safety and ing that the examination and use of Health (Assistant Secretary) shall be this information is performed in the responsible for the overall administra- manner prescribed by a written access tion and implementation of the proce- order and the requirements of this sec- dures contained in this section, includ- tion (paragraphs (d) through (m). When ing making final OSHA determinations access is pursuant to a written access concerning: order, the Principal OSHA Investigator (i) Access to personally identifiable shall be professionally trained in medi- employee medical information (para- cine, public health, or allied fields (epi- graph (d)), and demiology, toxicology, industrial hy- (ii) Inter-agency transfer or public giene, biostatistics, environmental disclosure of personally identifiable health, etc.). employee medical information (para- (d) Written access orders—(1) Require- graph (m)). ment for written access order. Except as (2) OSHA Medical Records Officer. The provided in paragraph (d)(4) below, Assistant Secretary shall designate an each request by an OSHA representa- OSHA official with experience or train- tive to examine or copy personally ing in the evaluation, use, and privacy identifiable employee medical informa- protection of medical records to be the tion contained in a record held by an OSHA Medical Records Officer. The employer or other recordholder shall be OSHA Medical Records Officer shall re- made pursuant to a written access

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order which has been approved by the ployee medical information under the Assistant Secretary upon the rec- following circumstances: ommendation of the OSHA Medical (i) Specific written consent. If the spe- Records Officer. If deemed appropriate, cific written consent of an employee is a written access order may constitute, obtained pursuant to 29 CFR or be accompanied by, an administra- 1910.1020(e)(2)(ii), and the agency or an tive subpoena. agency employee is listed on the au- (2) Approval criteria for written access thorization as the designated rep- order. Before approving a written ac- resentative to receive the medical in- cess order, the Assistant Secretary and formation, then a written access order the OSHA Medical Records Officer need not be obtained. Whenever person- shall determine that: ally identifiable employee medical in- (i) The medical information to be ex- formation is obtained through specific amined or copied is relevant to a statu- written consent and taken off-site, a tory purpose and there is a need to Principal OSHA Investigator shall be gain access to this personally identifi- promptly named to assure protection able information, of the information, and the OSHA Med- (ii) The personally identifiable medical Records Officer shall be notified of ical information to be examined or cop- this person’s identity. The personally ied is limited to only that information identifiable medical information ob- needed to accomplish the purpose for tained shall thereafter be subject to access, and the use and security requirements of (iii) The personnel authorized to re- paragraphs (h) through (m) of this sec- view and analyze the personally identi- tion. fiable medical information are limited (ii) Physician consultations. A written to those who have a need for access and access order need not be obtained have appropriate professional quali- where an OSHA staff or contract physi- fications. cian consults with an employer’s physician concerning an occupational safety (3) Content of written access order. or health issue. In a situation of this Each written access order shall state nature, the OSHA physician may con- with reasonable particularity: duct on-site evaluation of employee (i) The statutory purposes for which medical records in consultation with access is sought, the employer’s physician, and may (ii) A general description of the kind make necessary personal notes of his of employee medical information that or her findings. No employee medical will be examined and why there is a records, however, shall be taken off- need to examine personally identifiable site in the absence of a written access information, order or the specific written consent of (iii) Whether medical information an employee, and no notes of person- will be examined on-site, and what ally identifiable employee medical in- type of information will be copied and formation made by the OSHA physi- removed off-site, cian shall leave his or her control with- (iv) The name, address, and phone out the permission of the OSHA Med- number of the Principal OSHA Investi- ical Records Officer. gator and the names of any other au- (e) Presentation of written access order thorized persons who are expected to and notice to employees. (1) The Prin- review and analyze the medical infor- cipal OSHA Investigator, or someone mation. under his or her supervision, shall (v) The name, address, and phone present at least two (2) copies each of number of the OSHA Medical Records the written access order and an accom- Officer, and panying cover letter to the employer (vi) The anticipated period of time prior to examining or obtaining med- during which OSHA expects to retain ical information subject to a written the employee medical information in a access order. At least one copy of the personally identifiable form. written access order shall not identify (4) Special situations. Written access specific employees by direct personal orders need not be obtained to examine identifier. The accompanying cover let- or copy personally identifiable em- ter shall summarize the requirements

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of this section and indicate that ques- cipal OSHA Investigator shall assure tions or objections concerning the that such instructions by the OSHA written access order may be directed to Medical Records Officer are promptly the Principal OSHA Investigator or to implemented. the OSHA Medical Records Officer. (g) Removal of direct personal identi- (2) The Principal OSHA Investigator fiers. Whenever employee medical in- shall promptly present a copy of the formation obtained pursuant to a writ- written access order (which does not ten access order is taken off-site with identify specific employees by direct direct personal identifiers included, the personal identifier) and its accom- Principal OSHA Investigator shall, un- panying cover letter to each collective less otherwise authorized by the OSHA bargaining agent representing employ- Medical Records Officer, promptly sep- ees whose medical records are subject arate all direct personal identifiers to the written access order. from the medical information, and (3) The Principal OSHA Investigator code the medical information and the shall indicate that the employer must list of direct identifiers with a unique promptly post a copy of the written ac- identifying number for each employee. cess order which does not identify spe- The medical information with its nu- cific employees by direct personal iden- merical code shall thereafter be used tifier, as well as post its accompanying and kept secured as though still in a cover letter (See, 29 CFR directly identifiable form. The Prin- 1910.1020(e)(3)(ii)). cipal OSHA Investigator shall also (4) The Principal OSHA Investigator hand deliver or mail the list of direct shall discuss with any collective bar- personal identifiers with their cor- gaining agent and with the employer responding numerical codes to the the appropriateness of individual no- OSHA Medical Records Officer. The tice to employees affected by the writ- OSHA Medical Records Officer shall ten access order. Where it is agreed thereafter limit the use and distribu- that individual notice is appropriate, tion of the list of coded identifiers to the Principal OSHA Investigator shall those with a need to know its contents. promptly provide to the employer an (h) Internal agency use of personally adequate number of copies of the written access order (which does not iden- identifiable employee medical information. tify specific employees by direct per- (1) The Principal OSHA Investigator sonal identifier) and its accompanying shall in each instance of access be pri- cover letter to enable the employer ei- marily responsible for assuring that ther to individually notify each em- personally identifiable employee med- ployee or to place a copy in each em- ical information is used and kept se- ployee’s medical file. cured in accordance with this section. (f) Objections concerning a written ac- (2) The Principal OSHA Investigator, cess order. All employee, collective bar- the OSHA Medical Records Officer, the gaining agent, and employer written Assistant Secretary, and any other au- objections concerning access to records thorized person listed on a written ac- pursuant to a written access order cess order may permit the examination shall be transmitted to the OSHA Med- or use of personally identifiable em- ical Records Officer. Unless the agency ployee medical information by agency decides otherwise, access to the records employees and contractors who have a shall proceed without delay notwith- need for access, and appropriate quali- standing the lodging of an objection. fications for the purpose for which they The OSHA Medical Records Officer are using the information. No OSHA shall respond in writing to each em- employee or contractor is authorized ployee’s and collective bargaining to examine or otherwise use personally agent’s written objection to OSHA ac- identifiable employee medical informa- cess. Where appropriate, the OSHA tion unless so permitted. Medical Records Officer may revoke a (3) Where a need exists, access to per- written access order and direct that sonally identifiable employee medical any medical information obtained by it information may be provided to attor- be returned to the original neys in the Office of the Solicitor of recordholder or destroyed. The Prin- Labor, and to agency contractors who

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are physicians or who have contrac- lists of coded direct personal identi- tually agreed to abide by the require- fiers shall be destroyed or returned to ments of this section and imple- the original recordholder when no menting agency directives and instruc- longer needed for the purposes for tions. which they were obtained. (4) OSHA employees and contractors (2) Personally identifiable employee are only authorized to use personally medical information which is currently identifiable employee medical informa- not being used actively but may be tion for the purposes for which it was needed for future use shall be trans- obtained, unless the specific written ferred to the OSHA Medical Records consent of an employee is obtained as Officer. The OSHA Medical Records Of- to a secondary purpose, or the proce- ficer shall conduct an annual review of dures of paragraphs (d) through (g) of all centrally-held information to deter- this section are repeated with respect mine which information is no longer to the secondary purpose. needed for the purposes for which it (5) Whenever practicable, the exam- was obtained. ination of personally identifiable em- (k) Results of an agency analysis using ployee medical information shall be personally identifiable employee medical performed on-site with a minimum of information. The OSHA Medical Records medical information taken off-site in a Officer shall, as appropriate, assure personally identifiable form. that the results of an agency analysis (i) Security procedures. (1) Agency files using personally identifiable employee containing personally identifiable em- medical information are communicated ployee medical information shall be to the employees whose personal med- segregated from other agency files. ical information was used as a part of When not in active use, files containing the analysis. this information shall be kept secured (l) Annual report. The OSHA Medical in a locked cabinet or vault. Records Officer shall on an annual (2) The OSHA Medical Records Offi- basis review OSHA’s experience under cer and the Principal OSHA Investi- gator shall each maintain a log of uses this section during the previous year, and transfers of personally identifiable and prepare a report to the Assistant employee medical information and Secretary which shall be made avail- lists of coded direct personal identi- able to the public. This report shall fiers, except as to necessary uses by discuss: staff under their direct personal super- (1) The number of written access or- vision. ders approved and a summary of the (3) The photocopying or other dupli- purposes for access, cation of personally identifiable em- (2) The nature and disposition of employee medical information shall be ployee, collective bargaining agent, kept to the minimum necessary to ac- and employer written objections con- complish the purposes for which the in- cerning OSHA access to personally formation was obtained. identifiable employee medical informa- (4) The protective measures estab- tion, and lished by this section apply to all (3) The nature and disposition of re- worksheets, duplicate copies, or other quests for inter-agency transfer or pub- agency documents containing person- lic disclosure of personally identifiable ally identifiable employee medical in- employee medical information. formation. (m) Inter-agency transfer and public (5) Intra-agency transfers of person- disclosure. (1) Personally identifiable ally identifiable employee medical in- employee medical information shall formation shall be by hand delivery, not be transferred to another agency or United States mail, or equally protec- office outside of OSHA (other than to tive means. Inter-office mailing chan- the Office of the Solicitor of Labor) or nels shall not be used. disclosed to the public (other than to (j) Retention and destruction of records. the affected employee or the original (1) Consistent with OSHA records dis- recordholder) except when required by position programs, personally identifi- law or when approved by the Assistant able employee medical information and Secretary.

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(2) Except as provided in paragraph occasion that OSHA intends to either (m)(3) of this section, the Assistant transfer personally identifiable em- Secretary shall not approve a request ployee medical information to another for an inter-agency transfer of person- agency or disclose it to a member of ally identifiable employee medical in- the public other than to an affected formation, which has not been con- employee. When feasible, the OSHA sented to by the affected employees, Medical Records Officer shall take rea- unless the request is by a public health sonable steps to assure that advance agency which: notice is provided to affected employ- (i) Needs the requested information ees when the employee medical infor- in a personally identifiable form for a mation to be transferred or disclosed substantial public health purpose, contains direct personal identifiers. (ii) Will not use the requested infor- [45 FR 35294, May 23, 1980; 45 FR 54334, Aug. mation to make individual determina- 15, 1980, as amended at 71 FR 16674, Apr. 3, tions concerning affected employees 2006] which could be to their detriment, (iii) Has regulations or established PART 1915—OCCUPATIONAL SAFE- written procedures providing protection for personally identifiable medical TY AND HEALTH STANDARDS FOR information substantially equivalent SHIPYARD EMPLOYMENT to that of this section, and (iv) Satisfies an exemption to the Subpart A—General Provisions Privacy Act to the extent that the Pri- Sec. vacy Act applies to the requested infor- 1915.1 Purpose and authority. mation (See, 5 U.S.C. 552a(b); 29 CFR 1915.2 Scope and application. 70a.3). 1915.3 Responsibility. (3) Upon the approval of the Assist- 1915.4 Definitions. ant Secretary, personally identifiable 1915.5 Incorporation by reference. employee medical information may be 1915.6 Commercial diving operations. transferred to: 1915.7 Competent person. 1915.8 OMB control numbers under the Pa- (i) The National Institute for Occupa- perwork Reduction Act. tional Safety and Health (NIOSH) and 1915.9 Compliance duties owed to each em- (ii) The Department of Justice when ployee. necessary with respect to a specific action under the Occupational Safety and Subpart B—Confined and Enclosed Spaces Health Act. and Other Dangerous Atmospheres in (4) The Assistant Secretary shall not Shipyard Employment approve a request for public disclosure 1915.11 Scope, application, and definitions of employee medical information con- applicable to this subpart. taining direct personal identifiers un- 1915.12 Precautions and the order of testing less there are compelling cir- before entering confined and enclosed cumstances affecting the health or spaces and other dangerous atmospheres. safety of an individual. 1915.13 Cleaning and other cold work. (5) The Assistant Secretary shall not 1915.14 Hot work. approve a request for public disclosure 1915.15 Maintenance of safe conditions. of employee medical information which 1915.16 Warning signs and labels. contains information which could rea- APPENDIX A TO SUBPART B OF PART 1915— sonably be used indirectly to identify COMPLIANCE ASSISTANCE GUIDELINES FOR CONFINED AND ENCLOSED SPACES AND specific employees when the disclosure OTHER DANGEROUS ATMOSPHERES would constitute a clearly unwarranted APPENDIX B TO SUBPART B OF PART 1915—RE- invasion of personal privacy (See, 5 PRINT OF U.S. COAST GUARD REGULATIONS U.S.C. 552(b)(6); 29 CFR 70.26). REFERENCED IN SUBPART B, FOR DETER- (6) Except as to inter-agency trans- MINATION OF COAST GUARD AUTHORIZED fers to NIOSH or the Department of PERSONS Justice, the OSHA Medical Records Of- ficer shall assure that advance notice Subpart C—Surface Preparation and is provided to any collective bar- Preservation gaining agent representing affected 1915.31 Scope and application of subpart. employees and to the employer on each 1915.32 Toxic cleaning solvents.

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1915.33 Chemical paint and preservative re- 1915.117 Qualifications of operators. movers. 1915.118 Tables. 1915.34 Mechanical paint removers. 1915.120 Powered industrial truck operator 1915.35 Painting. training. 1915.36 Flammable liquids. Subpart H—Tools and Related Equipment Subpart D—Welding, Cutting and Heating 1915.131 General precautions. 1915.51 Ventilation and protection in weld- 1915.132 Portable electric tools. ing, cutting and heating. 1915.133 Hand tools. 1915.53 Welding, cutting and heating in way 1915.134 Abrasive wheels. of preservative coatings. 1915.135 Powder actuated fastening tools. 1915.54 Welding, cutting and heating of hol- 1915.136 Internal combustion engines, other low metal containers and structures not than ship’s equipment. covered by § 1915.12. 1915.55 Gas welding and cutting. Subpart I—Personal Protective Equipment 1915.56 Arc welding and cutting. (PPE) 1915.57 Uses of fissionable material in ship repairing and shipbuilding. 1915.151 Scope, application and definitions. 1915.152 General requirements. Subpart E—Scaffolds, Ladders and Other 1915.153 Eye and face protection. Working Surfaces 1915.154 Respiratory protection. 1915.155 Head protection. 1915.71 Scaffolds or staging. 1915.156 Foot protection. 1915.72 Ladders. 1915.157 Hand and body protection. 1915.73 Guarding of deck openings and 1915.158 Lifesaving equipment. edges. 1915.159 Personal fall arrest systems 1915.74 Access to vessels. (PFAS). 1915.75 Access to and guarding of dry docks 1915.160 Positioning device systems. and marine railways. APPENDIX A TO SUBPART I OF PART 1915—NON- 1915.76 Access to cargo spaces and confined MANDATORY GUIDELINES FOR HAZARD AS- spaces. SESSMENT, PERSONAL PROTECTIVE EQUIP- 1915.77 Working surfaces. MENT (PPE) SELECTION, AND PPE TRAIN- ING PROGRAM Subpart F—General Working Conditions APPENDIX B TO SUBPART I OF PART 1915—GEN- ERAL TESTING CONDITIONS AND ADDI- 1915.80 Scope, application, definitions and TIONAL GUIDELINES FOR PERSONAL FALL effective dates. PROTECTION SYSTEMS (NON-MANDATORY) 1915.81 Housekeeping. 1915.82 Lighting. Subpart J—Ship’s Machinery and Piping 1915.83 Utilities. 1915.84 Working alone. Systems 1915.85 Vessel radar and communication 1915.161 Scope and application of subpart. systems. 1915.162 Ship’s boilers. 1915.86 Lifeboats. 1915.163 Ship’s piping systems. 1915.87 Medical services and first aid. 1915.164 Ship’s propulsion machinery. 1915.88 Sanitation. 1915.165 Ship’s deck machinery. 1915.89 Control of hazardous energy (lockout/tagout). Subpart K—Portable, Unfired Pressure Ves- 1915.90 Safety color code for marking phys- sels, Drums and Containers, Other ical hazards. 1915.91 Accident prevention signs and tags. Than Ship’s Equipment 1915.92 Retention of DOT markings, plac- 1915.171 Scope and application of subpart. ards, and labels. 1915.172 Portable air receivers and other 1915.93 Motor vehicle safety equipment, op- unfired pressure vessels. eration, and maintenance. 1915.173 Drums and containers. 1915.94 Servicing of multi-piece and single- piece rim wheels. Subpart L—Electrical Machinery Subpart G—Gear and Equipment for 1915.181 Electrical circuits and distribution Rigging and Materials Handling boards. 1915.111 Inspection. Subparts M–O [Reserved] 1915.112 Ropes, chains and slings. 1915.113 Shackles and hooks. Subpart P—Fire Protection in Shipyard 1915.114 Chain falls and pull-lifts. Employment 1915.115 Hoisting and hauling equipment. 1915.116 Use of gear. 1915.501 General provisions.

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1915.502 Fire safety plan. 3912); 29 CFR part 1911; and 5 U.S.C. 553, as 1915.503 Precautions for hot work. applicable. 1915.504 Fire watches. SOURCE: 47 FR 16986, Apr. 20, 1982, unless 1915.505 Fire response. otherwise noted. 1915.506 Hazards of fixed extinguishing systems on board vessels and vessel sec- EFFECTIVE DATE NOTE: At 84 FR 21597, May tions. 14, 2019, effective July 15, 2019, part 1915 was 1915.507 Land-side fire protection systems. amended by removing the phrases ‘‘and so- 1915.508 Training. cial security number.’’ and ‘‘, social security 1915.509 Definitions applicable to this sub- number,’’ from several sections. part. APPENDIX A TO SUBPART P OF PART 1915— Subpart A—General Provisions MODEL FIRE SAFETY PLAN (NON-MANDA- TORY) § 1915.1 Purpose and authority. Subparts Q–Y [Reserved] The provisions in this part constitute safety and health regulations issued by Subpart Z—Toxic and Hazardous the Secretary pursuant to section 41 of Substances the Longshoremen’s and Harbor Work- ers’ Compensation Act, as amended (33 1915.1000 Air contaminants. U.S.C. 941) and occupational safety and 1915.1001 Asbestos. health standards issued by the Sec- 1915.1002 Coal tar pitch volatiles; interpretation of term. retary pursuant to section 6 of the Oc- 1915.1003 13 carcinogens (4–Nitrobiphenyl, cupational Safety and Health Act of etc.). 1970 (29 U.S.C. 655). 1915.1004 alpha-Naphthylamine. 1915.1005 [Reserved] § 1915.2 Scope and application. 1915.1006 Methyl chloromethyl ether. (a) Except where otherwise provided, ′ 1915.1007 3,3 -Dichlorobenzidiene (and its the provisions of this part shall apply salts). 1915.1008 bis-Chloromethyl ether. to all ship repairing, shipbuilding and 1915.1009 beta-Naphthylamine. shipbreaking employments and related 1915.1010 Benzidine. employments. 1915.1011 4-Aminodiphenyl. (b) This part does not apply to mat- 1915.1012 Ethyleneimine. ters under the control of the United 1915.1013 beta-Propiolactone. States Coast Guard within the scope of 1915.1014 2-Acetylaminofluorene. Title 52 of the Revised Statutes and 1915.1015 4-Dimethylaminoazobenzene. acts supplementary or amendatory 1915.1016 N-Nitrosodimethylamine. 1915.1017 Vinyl chloride. thereto (46 U.S.C. secs. 1–1388 passim) 1915.1018 Inorganic arsenic. including, but not restricted to, the 1915.1020 Access to employee exposure and master, ship’s officer, crew members, medical records. design, construction and maintenance 1915.1024 Beryllium. of the vessel, its gear and equipment; 1915.1025 Lead. to matters within the regulatory au- 1915.1026 Chromium (VI). thority of the United States Coast 1915.1027 Cadmium. Guard to safeguard vessels, harbors, 1915.1028 Benzene. 1915.1030 Bloodborne pathogens. ports and waterfront facilities under 1915.1044 1,2-dibromo-3-chloropropane. the provisions of the Espionage Act of 1915.1045 Acrylonitrile. June 17, 1917, as amended (50 U.S.C. 191 1915.1047 Ethylene oxide. et seq.; 22 U.S.C. 401 et seq.); including 1915.1048 Formaldehyde. the provisions of Executive Order 10173, 1915.1050 Methylenedianiline. as amended by Executive Orders 10277 1915.1052 Methylene chloride. and 10352 (3 CFR, 1949–1953 Comp., pp. 1915.1053 Respirable crystalline silica. 356, 778 and 873); or to matters within 1915.1200 Hazard communication. 1915.1450 Occupational exposure to haz- the regulatory authority of the United ardous chemicals in laboratories. States Coast Guard with respect to lights, warning devices, safety equip- AUTHORITY: 33 U.S.C. 941; 29 U.S.C. 653, 655, ment and other matters relating to the 657; Secretary of Labor’s Order No. 12–71 (36 FR 8754); 8–76 (41 FR 25059), 9–83 (48 FR 35736), promotion of safety of lives and prop- 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 erty under section 4(e) of the Outer FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR Continental Shelf Lands Act (43 U.S.C. 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR 1333).

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§ 1915.3 Responsibility. poses of this section, the term does not (a) The responsibility for compliance include ship shaped or deep draft with the regulations of this part is barges. placed upon ‘‘employers’’ as defined in (h) For purposes of § 1915.74, the term § 1915.4. river tow boat means a shallow draft, (b) This part does not apply to own- low free board, self-propelled vessel de- ers, operators, agents or masters of signed to tow river barges by pushing vessels unless such persons are acting ahead. For purposes of this section, the as ‘‘employers.’’ However, this part is term does not include other towing not intended to relieve owners, opera- vessels. tors, agents or masters of vessels who (i) The term shipyard employment are not ‘‘employers’’ from responsibil- means ship repairing, shipbuilding, ities or duties now placed upon them shipbreaking and related employments. by law, regulation or custom. (j) The terms ship repair and ship re- (c) The responsibilities placed upon pairing mean any repair of a vessel in- the competent person herein shall be cluding, but not restricted to, alter- deemed to be the responsibilities of the ations, conversions, installations, employer. cleaning, painting, and maintenance work. § 1915.4 Definitions. (k) The term shipbuilding means the (a) The term SHALL indicates provi- construction of a vessel including the sions which are mandatory. installation of machinery and equip- (b) The term Secretary means the Sec- ment. retary of Labor. (l) The term shipbreaking means any (c) The term employer means an em- breaking down of a vessel’s structure ployer, any of whose employees are em- for the purpose of scrapping the vessel, ployed, in whole or in part, in ship re- including the removal of gear, equip- pairing, shipbuilding, shipbreaking or ment or any component part of a ves- related employments as defined in this sel. section on the navigable waters of the (m) The term related employment United States, including dry docks, means any employment performed as graving docks and marine railways. an incident to or in conjunction with (d) The term employee means any per- ship repairing, shipbuilding or son engaged in ship repairing, ship- shipbreaking work, including, but not building, shipbreaking or related em- restricted to, inspection, testing, and ployments on the navigable waters of employment as a watchman. the United States, including dry docks, (n) The term hazardous substance graving docks and marine railways, means a substance which by reason of other than the master, ship’s officers, being explosive, flammable, poisonous, crew of the vessel, or any person en- corrosive, oxidizing, irritant, or other- gaged by the master to repair any ves- wise harmful is likely to cause injury. sel under 18 net tons. (o) The term competent person for pur- (e) The term gangway means any poses of this part means a person who ramp-like or stair-like means of access is capable of recognizing and evalu- provided to enable personnel to board ating employee exposure to hazardous or leave a vessel including accommoda- substances or to other unsafe condition ladders, gangplanks and brows. tions and is capable of specifying the (f) The term vessel includes every de- necessary protection and precautions scription of watercraft or other artifi- to be taken to ensure the safety of em- cial contrivance used, or capable of ployees as required by the particular being used, as a means of transpor- regulation under the condition to tation on water, including special pur- which it applies. For the purposes of pose floating structures not primarily subparts B, C, and D of this part, ex- designed for or used as a means of cept for § 1915.35(b)(8) and § 1915.36(a)(5), transportation on water. to which the above definition applies, (g) For purposes of § 1915.74, the term the competent person must also meet barge means an unpowered, flat bot- the additional requirements of § 1915.7. tom, shallow draft vessel including (p) The term confined space means a scows, carfloats and lighters. For pur- compartment of small size and limited

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access such as a double bottom tank, § 1915.5 Incorporation by reference. cofferdam, or other space which by its (a) Specifications, standards, and small size and confined nature can codes of agencies of the U.S. Govern- readily create or aggravate a hazardous ment, to the extent specified in the exposure. text, form a part of the regulations of (q) The term enclosed space means this part. In addition, under the au- any space, other than a confined space, thority vested in the Secretary under which is enclosed by bulkheads and the Act, the specifications, standards, overhead. It includes cargo holds, and codes of organizations which are tanks, quarters, and machinery and not agencies of the U.S. Government, boiler spaces. in effect on the date of the promulga- (r) The term hot work means riveting, tion of the regulations of this part as welding, burning or other fire or spark listed below, to the extent specified in producing operations. the text, form a part of the regulations (s) The term cold work means any of this part. work which does not involve riveting, (b)(1) The standards listed in para- welding, burning or other fire or spark graph (d) of this section are incor- producing operations. porated by reference in the cor- (t) The term portable unfired pressure responding sections noted as the sec- vessel means any pressure container or tions exist on the date of the approval, vessel used aboard ship, other than the and a notice of any change in these ship’s equipment, containing liquids or standards will be published in the FED- gases under pressure, excepting pres- ERAL REGISTER. The Director of the sure vessels built to Department of Federal Register approved these Transportation regulations under 49 incorporations by reference in accord- CFR part 178, subparts C and H. ance with 5 U.S.C. 552(a) and 1 CFR (u) The term powder actuated fas- part 51. tening tool means a tool or machine (2) Any changes in the standards in- which drives a stud, pin, or fastener by corporated by reference in this part means of an explosive charge. and an official historic file of such (v) For purposes of § 1915.97, the term changes are available for inspection in hazardous material means a material the Docket Office at the national office which has one or more of the following of the Occupational Safety and Health characteristics: Administration, U.S. Department of (1) Has a flash point below 140 °F., Labor, Washington, DC 20910; tele- closed cup, or is subject to spontaneous phone: 202–693–2350 (TTY number: 877– heating; 889–5627). (2) Has a threshold limit value below (c) Copies of standards listed in this 500 p.p.m. in the case of a gas or vapor, section and issued by private standards below 500 mg./m.3 for fumes, and below organizations are available for pur- 25 m.p.p.c.f. in case of a dust; chase from the issuing organizations at

(3) Has a single dose oral LD50 below the addresses or through the other con- 500 mg./kg.; tact information listed below for these (4) Is subject to polymerization with private standards organizations. In ad- the release of large amounts of energy; dition, these standards are available (5) Is a strong oxidizing or reducing for inspection at the National Archives agent; and Records Administration (NARA). For information on the availability of (6) Causes first degree burns to skin these standards at NARA, telephone: in short time exposure, or is system- 202–741–6030, or go to http:// ically toxic by skin contact; or www.archives.gov/federallregister/ (7) In the course of normal oper- codeloflfederallregulations/ ations, may produce dusts, gases, ibrllocations.html. Also, the standards fumes, vapors, mists, or smokes which are available for inspection at any Re- have one or more of the above charac- gional Office of the Occupational Safe- teristics. ty and Health Administration (OSHA), [47 FR 16986, Apr. 20, 1982, as amended at 67 or at the OSHA Docket Office, U.S. De- FR 44541, July 3, 2002] partment of Labor, 200 Constitution

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Avenue, NW., Room N–2625, Wash- (vii) ANSI Z87.1–2003, Occupational ington, DC 20210; telephone: 202–693–2350 and Educational Personal Eye and (TTY number: 877–889–5627). Face Protection Devices, approved (d)(1) Except as noted, copies of the June 19, 2003; IBR approved for standards listed below in this para- § 1910.153(b). Copies available for pur- graph are available for purchase from chase from the: the American National Standards In- (A) American National Standards In- stitute (ANSI), 25 West 43rd Street, 4th stitute’s e-Standards Store, 25 W 43rd Floor, New York, NY 10036; telephone: Street, 4th Floor, New York, NY 10036; 212–642–4900; fax: 212–398–0023; Web site: telephone: (212) 642–4980; Web site: http://www.ansi.org. http://webstore.ansi.org/; (i) ANSI A14.1–1975 Safety Require- (B) IHS Standards Store, 15 Inverness ments for Portable Wood Ladders, IBR Way East, Englewood, CO 80112; tele- approved for § 1915.72(a)(6). phone: (877) 413–5184; Web site: http:// (ii) ANSI A14.2–1972 Safety Require- global.ihs.com; or ments for Portable Metal Ladders, IBR (C) TechStreet Store, 3916 Ranchero approved for § 1915.72(a)(4). Dr., Ann Arbor, MI 48108; telephone: (iii) ANSI B7.1–1964 Safety Code for (877) 699–9277; Web site: http:// the Use, Care, and Protection of Abra- techstreet.com. sive Wheels, IBR approval for (viii) ANSI Z87.1–1989 (R–1998), Prac- § 1915.134(c) tice for Occupational and Educational (iv) ANSI Z41–1999, American Na- Eye and Face Protection, Reaffirma- tional Standard for Personal Protec- tion approved January 4, 1999; IBR ap- tion—Protective Footwear; IBR approved for § 1910.153(b). Copies are avail- proved for § 1915.156(b)(1)(ii). Copies of able for purchase from: ANSI Z41–1999 are available for pur- (A) American National Standards In- chase only from the National Safety stitute’s e-Standards Store, 25 W 43rd Council, P.O. Box 558, Itasca, IL 60143– Street, 4th Floor, New York, NY 10036; 0558; telephone: 1–800–621–7619; fax: 708– telephone: (212) 642–4980; Web site: 285–0797; Web site: http://www.nsc.org. http://webstore.ansi.org/; (v) ANSI Z41–1991, American National (B) IHS Standards Store, 15 Inverness Standard for Personal Protection—Pro- Way East, Englewood, CO 80112; tele- tective Footwear; IBR approved for phone: (877) 413–5184; Web site: http:// § 1915.156(b)(1)(iii). Copies of ANSI Z41– global.ihs.com; or 1991 are available for purchase only (C) TechStreet Store, 3916 Ranchero from the National Safety Council, P.O. Dr., Ann Arbor, MI 48108; telephone: Box 558, Itasca, IL 60143–0558; tele- (877) 699–9277; Web site: http:// phone: 1–800–621–7619; fax: 708–285–0797; techstreet.com. Web site: http://www.nsc.org. (ix) American National Standards In- (vi) ANSI/ISEA Z87.1–2010, Occupa- stitute (ANSI) Z89.1–2009, American Na- tional and Educational Personal Eye tional Standard for Industrial Head and Face Protection Devices, Approved Protection, approved January 26, 2009; April 13, 2010; IBR approved for IBR approved for § 1915.155(b)(1)(i). Cop- § 1915.153(b). Copies are available for ies of ANSI Z89.1–2009 are available for purchase from: purchase only from the International (A) American National Standards In- Safety Equipment Association, 1901 stitute’s e-Standards Store, 25 W 43rd North Moore Street, Arlington, VA Street, 4th Floor, New York, NY 10036; 22209–1762; telephone: 703–525–1695; fax: telephone: (212) 642–4980; Web site: 703–528–2148; Web site: http://webstore.ansi.org/; www.safetyequipment.org. (B) IHS Standards Store, 15 Inverness (x) American National Standards In- Way East, Englewood, CO 80112; tele- stitute (ANSI) Z89.1–2003, American Na- phone: (877) 413–5184; Web site: http:// tional Standard for Industrial Head global.ihs.com; or Protection; IBR approved for (C) TechStreet Store, 3916 Ranchero § 1915.155(b)(1)(ii). Copies of ANSI Z89.1– Dr., Ann Arbor, MI 48108; telephone: 2003 are available for purchase only (877) 699–9277; Web site: http:// from the International Safety Equip- techstreet.com. ment Association, 1901 North Moore

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Street, Arlington, VA 22209–1762; tele- (iv) NFPA 1982–1998, Standard on Per- phone: 703–525–1695; fax: 703–528–2148; sonal Alert Safety Systems (PASS), Web site: www.safetyequipment.org. IBR approved for § 1915.505(e)(6)(ii). (xi) American National Standards In- (v) NFPA 1983–2001, Standard on Fire stitute (ANSI) Z89.1–1997, American Na- Service Life Safety Rope and System tional Standard for Personnel Protec- Components, IBR approved for tion—Protective Headwear for Indus- § 1915.505(e)(7)(i). trial Workers—Requirements; IBR ap- (vi) NFPA 10–2002 Standard for Port- proved for § 1915.155(b)(1)(iii). Copies of able Fire Extinguishers, IBR approved ANSI Z89.1–1997 are available for pur- for §§ 1915.507(b)(1) and (b)(2). chase only from the International Safe- (vii) NFPA 14–2003 Standard for the ty Equipment Association, 1901 North Installation of Standpipe and Hose Sys- Moore Street, Arlington, VA 22209–1762; tems, IBR approved for §§ 1915.507(b)(2) telephone: 703–525–1695; fax: 703–528– and (d)(1). 2148; Web site: www.safetyequipment.org. (viii) NFPA 72–2002 National Fire (xii) ANSI/IESNA RP–7–01, Rec- Alarm Code, IBR approved for ommended Practice for Lighting Indus- § 1915.507(c)(6). trial Facilities, ANSI approved July 26, (ix) NFPA 13–2002 Standard for the 2001, IBR approved for § 1915.82(a)(3). Installation of Sprinkler Systems, IBR (xiii) ANSI/ISEA Z308.1–2009, Revision approved for § 1915.507(d)(2). of ANSI Z308.1–2003, Minimum Require- ments for Workplace First Aid Kits and (x) NFPA 750–2003 Standard on Water Supplies, ANSI approved May 8, 2009, Mist Fire Protection Systems, IBR ap- IBR approved for § 1915.87 Appendix A. proved for § 1915.507(d)(2). (2) The following material is avail- (xi) NFPA 25–2002, Inspection, Test- able for purchase from the American ing, and Maintenance of Water-Based Society of Mechanical Engineers, 345 Fire Protection Systems, IBR approved East 47th Street, New York, New York for § 1915.507(d)(2). 10017: (xii) NFPA 15–2001, Standard for (i) ASME Boiler and Pressure Vessel Water Spray Fixed Systems for Fire Code, Section VIII, Rules for Construc- Protection, IBR approved for tion of Unfired Pressure Vessels, 1963, § 1915.507(d)(3). IBR approved for § 1915.172(a). (xiii) NFPA 11–2005 Standard for Low- (3) The following material is avail- , Medium-, and High-Expansion Foam, able for purchase from the American IBR approved for § 1915.507(d)(3). Conference of Governmental Industrial (xiv) NFPA 17–2002, Standard for Dry Hygienists (ACGIH), 1014 Broadway, Chemical Extinguishing Systems, IBR Cincinnati, OH 45202: approved for § 1915.507(d)(4). (i) Threshold limit values, 1970, IBR (xv) NFPA 12–2005, Standard on Car- approved for §§ 1915.12(b) and 1915.1000, bon Dioxide Extinguishing Systems, table Z. IBR approved for § 1915.507(d)(5). (4) The following material is avail- (xvi) NFPA 12A–2004, Standard on able for purchase from the National Halon 1301 Fire Extinguishing Systems, Fire Protection Association, 1 IBR approved for § 1915.507(d)(5). Batterymarch Park, PO Box 9101, Quin- (xvii) NFPA 2001–2004, Standard on cy, MA 02269–9101: Clean Agent Fire Extinguishing Sys- (i) NFPA 1981–2002 Standard on Open- tems, IBR approved for § 1915.507(d)(5). Circuit Self-Contained Breathing Appa- (xviii) NFPA 1403–2002, Standard on ratus for Fire and Emergency Services, Live Fire Training Evolutions, IBR ap- IBR approved for 1915.505(e)(3)(v). proved for § 1915.508(d)(8). (ii) NFPA 1971–2000, Standard on Pro- (5) Copies of the standards listed tective Ensemble for Structural Fire below in this paragraph are available Fighting, IBR approved for for purchase from ASTM International, § 1915.505(e)(4)(ii). 100 Barr Harbor Drive, P.O. Box C700, (iii) NFPA 1976–2000, Standard on West Conshohocken, PA 19428–2959; Protective Ensemble for Proximity telephone: 610–832–9585; fax: 610–832– Fire Fighting, IBR approved for 9555; e-mail: seviceastm.org; Web site: § 1915.505(e)(5). http://www.astm.org:

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(i) ASTM F–2412–2005, Standard Test fice, U.S. Department of Labor, 200 Constitu- Methods for Foot Protection; IBR ap- tion Avenue NW, Room N–3508, Washington, proved for § 1915.156(b)(1)(i). DC 20210; telephone: 202–693–2350 (TTY num- (ii) ASTM F–2413–2005, Standard ber: 877–889–5627). These standards are also Specification for Performance Require- available for inspection at the National Ar- chives and Records Administration (NARA). ments for Protective Footwear; IBR For information on the availability of these approved for § 1915.156(b)(1)(i). standards at NARA, telephone: 202–741–6030, [61 FR 26359, May 24, 1996, as amended at 67 or go to www.archives.gov/federalregister/cfr/ FR 44541, July 3, 2002; 69 FR 18803, Apr. 9, ibr-locations.html. 2004; 69 FR 55702, Sept. 15, 2004; 71 FR 60846, Oct. 17, 2006; 74 FR 46357, Sept. 9, 2009; 76 FR * * * * * 24698, May 2, 2011; 77 FR 37598, June 22, 2012; 81 FR 16090, Mar. 25, 2016] (h) The following material is available from the International Labour Organization EFFECTIVE DATE NOTE: At 84 FR 21555, May (ILO), 4 route des Morillons, CH–1211 Gene`ve 14, 2019, § 1915.5 was amended by revisinz 22, Switzerland; telephone: +41 (0) 22 799 6111; paragraphs (b) and (c); redesignating para- fax: +41 (0) 22 798 8685; website: www.ilo.org/. graphs (d)(1), (i) through (xiii), (vi)(A), (B), (C), (vii)(A), (B), (C), (viii)(A), (B), (C), (2), (i), (1) Guidelines for the Use of the ILO Inter- (3), (i), (4), (i) through (xviii), (5), (i), and (ii) national Classification of Radiographs of as (d), (1) through (13), (6)(i), (ii), (iii), (7)(i), Pneumoconioses, Revised Edition 2011, Occu- (ii), (iii), (8)(i), (ii), (iii), (e), (1), (f), (1), (i), pational safety and health series; 22 (i)(1) through (18), (g), (1), and (2); in newly (Rev.2011), IBR approved for § 1915.1001. redesignated paragraph (d) introductory (2) [Reserved] text, removing ‘‘below in this paragraph’’ and adding in its place ‘‘in this paragraph * * * * * (d).’’, and innewly redesignated paragraph (g) introductory text, removing ‘‘below in this § 1915.6 Commerical diving operations. paragraph’’ and adding in its place ‘‘in this paragraph (g).’’; and adding paragraphs (e)(2), Commerical diving operations shall (f)(2), and (h), effective July 15, 2019. For the be subject to subpart T of part 1910, convenience of the user, the revised and §§ 1910.401–1910.441 of this chapter. added text is set forth as follows:

§ 1915.5 Incorporation by reference. § 1915.7 Competent person. (a) Application. This section applies * * * * * to shipyard employment. (b)(1) The standards listed in this section (b) Designation. (1) One or more com- are incorporated by reference into this part petent persons shall be designated by with the approval of the Director of the Fed- the employer in accordance with the eral Register in accordance with 5 U.S.C. applicable requirements of this section, 552(a) and 1 CFR part 51. To enforce any edi- unless the requirements of subparts B, tion other than that specified in this section, C, D and H of this part are always car- OSHA must publish a document in the FED- ried out by a Marine Chemist. Excep- ERAL REGISTER and the material must be tion: The employer may designate any available to the public. (2) Any changes in the standards incor- person who meets the applicable por- porated by reference in this part and an offi- tions of the criteria set forth in para- cial historic file of such changes are avail- graph (c) of this section as a competent able for inspection in the Docket Office at person who is limited to performing the national office of the Occupational Safe- testing to the following situations: ty and Health Administration, U.S. Depart- (i) Repair work on small craft in boat ment of Labor, Washington, DC 20210; tele- yards where only combustible gas indi- phone: 202–693–2350 (TTY number: 877–889– 5627). cator tests are required for fuel tank (c) Copies of standards listed in this sec- leaks or when using flammable paints tion and issued by private standards organi- below decks; zations are available for purchase from the (ii) Building of wooden vessels where issuing organizations at the addresses or only knowledge of the precautions to through the other contact information listed be taken when using flammable paints below for these private standards organiza- is required; tions. In addition, the standards are available for inspection at any Regional Office of (iii) The breaking of vessels where the Occupational Safety and Health Admin- there is no fuel oil or other flammable istration (OSHA), or at the OSHA Docket Of- hazard; and

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(iv) Tests and inspections performed ensure that the person performing the to comply with §§ 1915.35(b)(8) and test and inspection records the loca- 1915.36(a)(5). tion, time, date, location of inspected (2)(i) The employer shall maintain ei- spaces, and the operations performed, ther a roster of designated competent as well as the test results and any in- persons or a statement that a Marine structions. Chemist will perform the tests or in- (2) The employer shall ensure that spections which require a competent the records are posted in the imme- person. diate vicinity of the affected oper- (ii) The employer shall make the ros- ations while work in the spaces is in ter of designated persons or the state- progress. The records shall be kept on ment available to employees, the em- file for a period of at least three ployee’s representative, the Director or months from the completion date of the Assistant Secretary upon request. the specific job for which they were (iii) The roster shall contain, as a generated. minimum, the following: (3) The employer shall ensure that (A) The employers’ name, the records are available for inspection (B) The designated competent per- by the Assistant Secretary, Director, son’s name(s), and and employees and their representa- (C) The date the employee was tives. trained as a competent person. [59 FR 37856, July 25, 1994] (c) Criteria. The employer shall ensure that each designated competent § 1915.8 OMB control numbers under person has the following skills and the Paperwork Reduction Act. knowledge: The following sections or paragraphs (1) Ability to understand and carry contain a collection of information re- out written or oral information or in- quirement which has been approved by structions left by Marine Chemist, the Office of Management and Budget Coast Guard authorized persons and under the control number listed. Certified Industrial Hygienists; (2) Knowledge of subparts B, C, D and 29 CFR citation OMB con- H of this part; trol No. (3) Knowledge of the structure, loca- 1915.11–1915.16 ...... 1218–0011 tion, and designation of spaces where 1915.83 ...... 1218–0259 1915.87 ...... 1218–0259 work is done; 1915.88 ...... 1218–0259 (4) Ability to calibrate and use test- 1915.89 ...... 1218–0259 ing equipment including but not lim- 1915.113 ...... 1218–0220 1915.152(b) ...... 1218–0215 ited to, oxygen indicators, combustible 1915.152(e) ...... 1218–0215 gas indicators, carbon monoxide indi- 1915.159(d) ...... 1218–0215 cators, and carbon dioxide indicators, 1915.160(d) ...... 1218–0215 and to interpret accurately the test re- 1915.172 ...... 1218–0220 1915.501(d) ...... 1218–0248 sults of that equipment; 1915.502(a) ...... 1218–0248 (5) Ability to perform all required 1915.502(b) ...... 1218–0248 tests and inspections which are or may 1915.502(c) ...... 1218–0248 1915.502(d) ...... 1218–0248 be performed by a competent person as 1915.504(a) ...... 1218–0248 set forth in subparts B, C, D and H of 1915.505(a) ...... 1218–0248 this part. 1915.505(b) ...... 1218–0248 1915.505(d) ...... 1218–0248 (6) Ability to inspect, test, and evalu- 1915.506(b) ...... 1218–0248 ate spaces to determine the need for 1915.507(c) ...... 1218–0248 further testing by a Marine Chemist or 1915.508(a) ...... 1218–0248 1915.508(b) ...... 1218–0248 a Certified Industrial Hygienist; and 1915.508(c) ...... 1218–0248 (7) Ability to maintain records re- 1915.508(d) ...... 1218–0248 quired by this section. 1915.508(e) ...... 1218–0248 (d) Recordkeeping. (1) When tests and 1915.508(f) ...... 1218–0248 1915.1001 ...... 1218–0195 inspections are performed by a com- 1915.1003 ...... 1218–0085 petent person, Marine Chemist, or Cer- 1915.1004 ...... 1218–0084 tified Industrial Hygienist as required 1915.1006 ...... 1218–0086 1915.1007 ...... 1218–0083 by any provisions of subparts B, C, D, 1915.1008 ...... 1218–0087 or H of this part, the employer shall 1915.1009 ...... 1218–0089

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29 CFR citation OMB con- Subpart B—Confined and En- trol No. closed Spaces and Other 1915.1010 ...... 1218–0082 Dangerous Atmospheres in 1915.1011 ...... 1218–0090 1915.1012 ...... 1218–0080 Shipyard Employment 1915.1013 ...... 1218–0079 1915.1014 ...... 1218–0088 1915.1015 ...... 1218–0044 SOURCE: 59 FR 37857, July 25, 1994, unless 1915.1016 ...... 1218–0081 otherwise noted. 1915.1017 ...... 1218–0010 1915.1018 ...... 1218–0104 § 1915.11 Scope, application and defi- 1915.1024 ...... 1218–0267 nitions applicable to this subpart. 1915.1025 ...... 1218–0092 1915.1026 ...... 1218–0252 (a) Scope and application. This sub- 1915.1027 ...... 1218–0185 part applies to work in confined and 1915.1028 ...... 1218–0129 enclosed spaces and other dangerous 1915.1030 ...... 1218–0180 1915.1044 ...... 1218–0101 atmospheres in shipyard employment, 1915.1045 ...... 1218–0126 including vessels, vessel sections, and 1915.1047 ...... 1218–0108 on land-side operations regardless of 1915.1048 ...... 1218–0145 1915.1050 ...... 1218–0184 geographic location. 1915.1053 ...... 1218–0266 (b) Definitions applicable to this sub- 1915.1120 ...... 1218–0065 part. Adjacent spaces means those 1915.1200 ...... 1218–0072 spaces bordering a subject space in all 1915.1450 ...... 1218–0131 directions, including all points of contact, corners, diagonals, decks, tank [61 FR 5509, Feb. 13, 1996, as amended at 62 tops, and bulkheads. FR 33547, June 20, 1997; 63 FR 13340, Mar. 19, Assistant Secretary means the Assist- 1998; 70 FR 13371, Mar. 21, 2005; 71 FR 38086, July 5, 2006; 77 FR 19, Jan. 3, 2012; 81 FR 48710, ant Secretary of Labor for Occupa- July 27, 2016; 83 FR 9703, Mar. 7, 2018] tional Safety and Health, or designated representative. § 1915.9 Compliance duties owed to Certified Industrial Hygienist (CIH) each employee. means an industrial hygienist who is (a) Personal protective equipment. certified by the American Board of In- Standards in this part requiring the dustrial Hygiene. employer to provide personal protec- Coast Guard authorized person means tive equipment (PPE), including res- an individual who meets the require- pirators and other types of PPE, be- ment of appendix B to subpart B of this cause of hazards to employees impose a part 1915 for tank vessels, for passenger separate compliance duty with respect vessels, and for cargo and miscella- to each employee covered by the re- neous vessels. quirement. The employer must provide Dangerous atmosphere means an at- PPE to each employee required to use mosphere that may expose employees the PPE, and each failure to provide to the risk of death, incapacitation, PPE to an employee may be considered impairment of ability to self-rescue a separate violation. (i.e., escape unaided from a confined or (b) Training. Standards in this part enclosed space), injury, or acute ill- requiring training on hazards and re- ness. lated matters, such as standards re- Director means the Director of the National Institute for Occupational quiring that employees receive train- Safety and Health, U.S. Department of ing or that the employer train employ- Health and Human Services, or des- ees, provide training to employees, or ignated representative. institute or implement a training pro- Enter with Restrictions denotes a space gram, impose a separate compliance where entry for work is permitted only duty with respect to each employee if engineering controls, personal pro- covered by the requirement. The em- tective equipment, clothing, and time ployer must train each affected em- limitations are as specified by the Ma- ployee in the manner required by the rine Chemist, Certified Industrial Hy- standard, and each failure to train an gienist, or the shipyard competent per- employee may be considered a separate son. violation. Entry means the action by which a [73 FR 75587, Dec. 12, 2008] person passes through an opening into

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a space. Entry includes ensuing work with appendix A of 29 CFR 1910.7, which activities in that space and is consid- tests for safety and lists or labels or ered to have occurred as soon as any accepts equipment and materials that part of the entrant’s body breaks the meet all the criteria found in plane of an opening into the space. § 1910.7(b)(1) through (b)(4)(ii). Hot work means any activity involv- Not Safe for Workers denotes a space ing riveting, welding, burning, the use where an employee may not enter be- of powder-actuated tools or similar cause the conditions do not meet the fire-producing operations. Grinding, criteria for Safe for Workers. drilling, abrasive blasting, or similar Oxygen-deficient atmosphere means an spark-producing operations are also atmosphere having an oxygen con- considered hot work except when such centration of less than 19.5 percent by operations are isolated physically from volume. any atmosphere containing more than Oxygen-enriched atmosphere means 10 percent of the lower explosive limit an atmosphere that contains 22.0 per- of a flammable or combustible sub- cent or more oxygen by volume. stance. Safe for Hot Work denotes a space Immediately dangerous to life or health that meets all of the following criteria: (IDLH) means an atmosphere that (1) The oxygen content of the atmos- poses an immediate threat to life or phere does not exceed 22.0 percent by that is likely to result in acute or im- volume; mediate severe health effects. (2) The concentration of flammable Inert or inerted atmosphere means an vapors in the atmosphere is less than atmospheric condition where: 10 percent of the lower explosive limit; (1) The oxygen content of the atmos- (3) The residues or materials in the phere in the space is maintained at a space are not capable of producing a level equal to or less than 8.0 percent higher concentration than permitted in by volume or at a level at or below 50 paragraph (1) or (2) of the above, under percent of the amount required to sup- existing atmospheric conditions in the port combustion, whichever is less; or presence of hot work and while main- (2) The space is flooded with water tained as directed by the Marine Chem- and the vapor concentration of flam- ist or competent person, and mable or combustible materials in the (4) All adjacent spaces have been free space atmosphere above the water cleaned, or inerted, or treated suffi- line is less than 10 percent of the lower ciently to prevent the spread of fire. explosive limit for the flammable or Safe for Workers denotes a space that combustible material. meets the following criteria: Labeled means identified with a sign, (1) The oxygen content of the atmos- placard, or other form of written com- phere is at least 19.5 percent and below munication, including pictograms, that 22 percent by volume; provides information on the status or (2) The concentration of flammable condition of the work space to which it vapors is below 10 percent of the lower is attached. explosive limit (LEL); Lower explosive limit (LEL) means the (3) Any toxic materials in the atmos- minimum concentration of vapor in air phere associated with cargo, fuel, tank below which propagation of a flame coatings, or inerting media are within does not occur in the presence of an ig- permissible concentrations at the time nition source. of the inspection; and Marine Chemist means an individual (4) Any residues or materials associ- who possesses a current Marine Chem- ated with the work authorized by the ist Certificate issued by the National Marine Chemist, Certified Industrial Fire Protection Association. Hygienist, or competent person will Not Safe for Hot Work denotes a space not produce uncontrolled release of where hot work may not be performed toxic materials under existing atmos- because the conditions do not meet the pheric conditions while maintained as criteria for Safe for Hot Work. directed. Nationally Recognized Testing Labora- Space means an area on a vessel or tory (NRTL) means an organization vessel section or within a shipyard recognized by OSHA, in accordance such as, but not limited to: cargo tanks

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or holds; pump or engine rooms; stor- gen-enriched atmosphere is found, ven- age lockers; tanks containing flam- tilation shall be provided at volumes mable or combustible liquids, gases, or and flow rates sufficient to ensure that solids; rooms within buildings; crawl the oxygen content is maintained at or spaces; tunnels; or accessways. The at- above 19.5 percent and below 22.0 per- mosphere within a space is the entire cent by volume. The warning label may area within its bounds. be removed when the oxygen content is Upper explosive limit (UEL) means the equal to or greater than 19.5 and less maximum concentration of flammable than 22.0 percent by volume. vapor in air above which propagation (3) An employee may not enter a of flame does not occur on contact with space where the oxygen content, by a source of ignition. volume, is below 19.5 percent or above Vessel section means a sub-assembly, 22.0 percent. Exception: An employee module, or other component of a vessel may enter for emergency rescue or for being built, repaired, or broken. a short duration for installation of ven- Visual inspection means the physical tilation equipment necessary to start survey of the space, its surroundings work in the space provided: and contents to identify hazards such (i) The atmosphere in the space is as, but not limited to, restricted acces- monitored for oxygen content, by vol- sibility, residues, unguarded machin- ume, continuously; and ery, and piping or electrical systems. (ii) Respiratory protection and other § 1915.12 Precautions and the order of appropriate personal protective equip- testing before entering confined ment and clothing are provided in ac- and enclosed spaces and other dan- cordance with subpart I of this part. gerous atmospheres. NOTE TO PARAGRAPH (a): Other provisions The employer shall ensure that for work in IDLH atmospheres are located in atmosphereic testing is performed in subpart I of this part. the following sequence: oxygen con- (b) Flammable atmospheres. (1) The tent, flammability, toxicity. employer shall ensure that spaces and (a) Oxygen content. (1) The employer adjacent spaces that contain or have shall ensure that the following spaces contained combustible or flammable are visually inspected and tested by a liquids or gases are: competent person to determine the atmosphere’s oxygen content prior to (i) Inspected visually by the com- initial entry into the space by an em- petent person to determine the pres- ployee: ence of combustible or flammable liq- (i) Spaces that have been sealed, such uids; and as, but not limited to, spaces that have (ii) Tested by a competent person been coated and closed up, and non- prior to entry by an employee to deter- ventilated spaces that have been fresh- mine the concentration of flammable ly painted; vapors and gases within the space. (ii) Spaces and adjacent spaces that (2) If the concentration of flammable contain or have contained combustible vapors or gases in the space to be en- or flammable liquids or gases; tered is equal to or greater than 10 per- (iii) Spaces and adjacent spaces that cent of the lower explosive limit, the contain or have contained liquids, space shall be labeled ‘‘Not Safe for gases, or solids that are toxic, corro- Workers’’ and ‘‘Not Safe for Hot sive, or irritant; Work.’’ Ventilation shall be provided (iv) Spaces and adjacent spaces that at volumes and flow rates sufficient to have been fumigated; and ensure that the concentration of flam- (v) Spaces containing materials or mable vapors is maintained below 10 residues of materials that create an ox- percent of the lower explosive limit. ygen-deficient atmosphere. The warning labels may be removed (2) If the space to be entered contains when the concentration of flammable an oxygen deficient atmosphere, the vapors is below 10 percent of the lower space shall be labeled ‘‘Not Safe for explosive limit. Workers’’ or, if oxygen-enriched, ‘‘Not (3) An employee may not enter a Safe for Workers—Not Safe for Hot space where the concentration of flam- Work.’’ If an oxygen-deficient or oxy- mable vapors or gases is equal to or

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greater than 10 percent of the lower ex- (4) An employee may not enter a plosive limit. Exception: An employee space whose atmosphere exceeds a PEL may enter for emergency rescue or for or is IDLH. Exception: An employee a short duration for installation of ven- may enter for emergency rescue, or for tilation equipment necessary to start a short duration for installation of ven- work in the space, provided: tilation equipment provided: (i) No ignition sources are present; (i) The atmosphere in the space is (ii) The atmosphere in the space is monitored continuously; monitored continuously; (ii) Respiratory protection and other (iii) Atmospheres at or above the necessary and appropriate personal upper explosive limit are maintained; protective equipment and clothing are and provided in accordance with subpart I (iv) Respiratory protection and other of this part. appropriate personal protective equipment and clothing are provided in ac- NOTE TO PARAGRAPH (c): Other provisions for work in IDLH atmospheres are located in cordance with subpart I of this part. subpart I of this part. NOTE 1 TO PARAGRAPH (b): Additional provi- (d) Training of employees entering con- sions for work in IDLH atmospheres are lo- fined and enclosed spaces or other dan- cated in subpart I of this part. NOTE 2 TO PARAGRAPH (b): Additional provi- gerous atmospheres. (1) The employer sions for work in spaces containing a flam- shall ensure that each employee that mable substance which also has a permis- enters a confined or enclosed space and sible exposure limit, are located in subpart Z other areas with dangerous of 29 CFR part 1915, and § 1915.12(c). atmospheres is trained to perform all (c) Toxic, corrosive, irritant or fumi- required duties safely. gated atmospheres and residues. (1) The (2) The employer shall ensure that employer shall ensure that spaces or each employee who enters a confined adjacent spaces that contain or have space, enclosed space, or other areas contained liquids, gases, or solids that with dangerous atmospheres is trained are toxic, corrosive or irritant are: to: (i) Inspected visually by the com- (i) Recognize the characteristics of petent person to determine the pres- the confined space; ence of toxic, corrosive, or irritant res- (ii) Anticipate and be aware of the idue contaminants; and hazards that may be faced during (ii) Tested by a competent person entry; prior to initial entry by an employee to (iii) Recognize the adverse health ef- determine the air concentration of fects that may be caused by the expo- toxics, corrosives, or irritants within sure to a hazard; the space. (iv) Understand the physical signs (2) If a space contains an air con- and reactions related to exposures to centration of a material which exceeds such hazards; a part 1915 subpart Z permissible expo- (v) Know what personal protective sure limit (PEL) or is IDLH, the space equipment is needed for safe entry into shall be labeled ‘‘Not Safe for Work- and exit from the space; ers.’’ Ventilation shall be provided at (vi) Use personal protective equip- volumes and flow rates which will en- ment; and sure that air concentrations are main- (vii) Where necessary, be aware of the tained within the PEL or, in the case presence and proper use of barriers of contaminants for which there is no that may be needed to protect an en- established PEL, below the IDLH. The trant from hazards. warning label may be removed when (3) The employer shall ensure that the concentration of contaminants is each entrant into confined or enclosed maintained within the PEL or below spaces or other dangerous atmospheres IDLH level. is trained to exit the space or dan- (3) If a space cannot be ventilated to gerous atmosphere whenever: within the PELs or is IDLH, a Marine (i) The employer or his or her rep- Chemist or CIH must re-test until the resentative orders evacuation; space can be certified ‘‘Enter with Re- (ii) An evacuation signal such as an strictions’’ or ‘‘Safe for Workers.’’ alarm is activated ; or

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(iii) The entrant perceives that he or trol of bleeding, maintenance of cir- she is in danger. culation and cardiopulmonary resus- (4) The employer shall provide each citation (CPR) skills. employee with training: (2) The employer shall inform outside (i) Before the entrant begins work ad- rescue teams of the hazards that the dressed by this section; and team may encounter when called to (ii) Whenever there is a change in op- perform confined and enclosed space or erations or in an employee’s duties other dangerous atmosphere rescue at that presents a hazard about which the the employer’s facility so that the res- employee has not previously been cue team can be trained and equipped. trained. (5) The employer shall certify that NOTE TO PARAGRAPH (e): The criteria for in- the training required by paragraphs house rescue, listed in paragraph (e)(1) can (d)(1) through (d)(4) of this section has be used by the employer in evaluating out- been accomplished. side rescue services. (i) The certification shall contain the (f) Exchanging hazard information be- employee’s name, the name of the cer- tween employers. Each employer whose tifier, and the date(s) of the certifi- employees work in confined and en- cation. closed spaces or other dangerous (ii) The certification shall be avail- atmospheres shall ensure that all able for inspection by the Assistant available information on the hazards, Secretary, the Director, employees, safety rules, and emergency procedures and their representatives. concerning those spaces and (e) Rescue teams. The employer shall atmospheres is exchanged with any either establish a shipyard rescue team other employer whose employees may or arrange for an outside rescue team enter the same spaces. which will respond promptly to a request for rescue service. [59 FR 37857, July 25, 1994, as amended at 60 (1) Shipyard rescue teams shall meet FR 14219, Mar. 16, 1995] the following criteria: (i) Each employee assigned to the § 1915.13 Cleaning and other cold shipyard team shall be provided with work. and trained to use the personal protec- (a) Locations covered by this section. tive equipment he or she will need, in- The employer shall ensure that manual cluding respirators and any rescue cleaning and other cold work are not equipment necessary for making res- performed in the following spaces un- cues from confined and enclosed spaces less the conditions of paragraph (b) of and other dangerous atmospheres. this section have been met: (ii) Each employee assigned to the (1) Spaces containing or having last shipyard rescue team shall be trained contained bulk quantities of combus- to perform his or her rescue functions tible or flammable liquids or gases; and including confined and enclosed and (2) Spaces containing or having last other dangerous atmosphere entry. contained bulk quantities of liquids, (iii) Shipyard rescue teams shall gases or solids that are toxic, corrosive practice their skills at least once every or irritating. 12 months. Practice drills shall include (b) Requirements for performing clean- the use of mannequins and rescue ing or cold work. (1) Liquid residues of equipment during simulated rescue op- hazardous materials shall be removed erations involving physical facilities from work spaces as thoroughly as that approximate closely those facili- practicable before employees start ties from which rescue may be needed. cleaning operations or cold work in a NOTE TO PARAGRAPH (e)(1)(iii): If the team space. Special care shall be taken to performs an actual rescue during the 12 prevent the spilling or the draining of month period, an additional practice drill for these materials into the water sur- that type of rescue is not required. rounding the vessel, or for shore-side (iv) At least one person on each res- operations, onto the surrounding work cue team shall maintain current cer- area. tification in basic first aid which in- (2) Testing shall be conducted by a cludes maintenance of an airway, con- competent person to determine the

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concentration of flammable, combus- provided in accordance with subpart I tible, toxic, corrosive, or irritant va- of this part. pors within the space prior to the be- NOTE TO PARAGRAPH (b)(6): Other provisions ginning of cleaning or cold work. for work in IDLH and other dangerous (3) Continuous ventilation shall be atmospheres are located in subpart I of this provided at volumes and flow rates suf- part. ficient to ensure that the concentration(s) of: (7) A competent person shall test (i) Flammable vapor is maintained ventilation discharge areas and other below 10 percent of the lower explosive areas where discharged vapors may col- limit; and lect to determine if vapors discharged from the spaces being ventilated are NOTE TO PARAGRAPH (b)(3)(i): Spaces con- accumulating in concentrations haz- taining highly volatile residues may require ardous to employees. additional ventilation to keep the concentration of flammable vapors below 10 percent of (8) If the tests required in paragraph the lower explosive limit and within the per- (b)(7) of this section indicate that con- missible exposure limit. centrations of exhaust vapors that are hazardous to employees are accumu- (ii) Toxic, corrosive, or irritant va- lating, all work in the contaminated pors are maintained within the permis- area shall be stopped until the vapors sible exposure limits and below IDLH have dissipated or been removed. levels. (9) Only explosion-proof, self-con- (4) Testing shall be conducted by the tained portable lamps, or other electric competent person as often as necessary equipment approved by a National Rec- during cleaning or cold work to assure ognized Testing Laboratory (NRTL) for that air concentrations are below 10 the hazardous location shall be used in percent of the lower explosive limit spaces described in paragraph (a) of and within the PELs and below IDLH this section until such spaces have levels. Factors such as, but not limited been certified as ‘‘Safe for Workers.’’ to, temperature, volatility of the residues and other existing conditions in NOTE TO PARAGRAPH (b)(9): Battery-fed, and about the spaces are to be consid- portable lamps or other electric equipment ered in determining the frequency of bearing the approval of a NRTL for the class, testing necessary to assure a safe at- and division of the location in which they mosphere. are used are deemed to meet the requirements of this paragraph. NOTE TO PARAGRAPH (b)(4): See appendix A for additional information on frequency of (10) The employer shall prominently testing. post signs that prohibit sources of ignition within or near a space that has (5) Spills or other releases of flam- contained flammable or combustible mable, combustible, toxic, corrosive, liquids or gases in bulk quantities: and irritant materials shall be cleaned (i) At the entrance to those spaces; up as work progresses. (ii) In adjacent spaces; and (6) An employee may not enter a con- (iii) In the open area adjacent to fined or enclosed space or other dan- those spaces. gerous atmosphere if the concentration of flammable or combustible vapors in (11) All air moving equipment and its work spaces exceeds 10 percent of the component parts, including duct work, lower explosive limit. Exception: An capable of generating a static electric employee may enter for emergency res- discharge of sufficient energy to create cue or for a short duration for installa- a source of ignition, shall be bonded tion of ventilation equipment provided: electrically to the structure of a vessel (i) No ignition sources are present; or vessel section or, in the case of land- (ii) The atmosphere in the space is side spaces, grounded to prevent an monitored continuously; electric discharge in the space. (iii) The atmosphere in the space is (12) Fans shall have non-sparking maintained above the upper explosive blades, and portable air ducts shall be limit; and of non-sparking materials. (iv) Respiratory protection, personal NOTE TO PARAGRAPH (b): See § 1915.12(c) of protective equipment, and clothing are this part and applicable requirements of 29

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CFR part 1915, subpart Z for other provisions (ii) The bilges, affecting cleaning and cold work. (iii) The engine room and boiler spaces for which a Marine Chemist or a § 1915.14 Hot work. Coast Guard authorized person certifi- (a) Hot work requiring testing by a Ma- cate is not required under paragraph rine Chemist or Coast Guard authorized (a)(1)(i) of this section. person. (1) The employer shall ensure (iv) Vessels and vessel sections for that hot work is not performed in or on which a Marine Chemist or Coast any of the following confined and en- Guard authorized person certificate is closed spaces and other dangerous not required under paragraph (a)(1)(iv) atmospheres, boundaries of spaces or of this section. pipelines until the work area has been (v) Land-side confined and enclosed tested and certified by a Marine Chem- spaces or other dangerous atmospheres ist or a U.S. Coast Guard authorized not covered by paragraph (a)(1) of this person as ‘‘Safe for Hot Work’’: section. (i) Within, on, or immediately adjacent to spaces that contain or have (2) If the concentration of flammable contained combustible or flammable vapors or gases is equal to or greater liquids or gases. than 10 percent of the lower explosive (ii) Within, on, or immediately adja- limit in the space or an adjacent space cent to fuel tanks that contain or have where the hot work is to be done, then last contained fuel; and the space shall be labeled ‘‘Not Safe for (iii) On pipelines, heating coils, pump Hot Work’’ and ventilation shall be fittings or other accessories connected provided at volumes and flow rates suf- to spaces that contain or have last con- ficient to ensure that the concentra- tained fuel. tion of flammable vapors or gases is (iv) Exception: On dry cargo, mis- below 10 percent by volume of the cellaneous and passenger vessels and in lower explosive limit. The warning the landside operations within spaces label may be removed when the con- which meet the standards for oxygen, centration of flammable vapors and flammability and toxicity in § 1915.12, gases are below 10 percent lower explo- but are adjacent to spaces containing sive limit. flammable gases or liquids, with a NOTE TO § 1915.14: See appendix A of this flash point below 150 °F (65.6 °C) when subpart for additional information relevant the distance between such spaces and to performing hot work safely. the work is 25 feet (7.62 m) or greater. [59 FR 37857, July 25, 1994, as amended at 60 NOTE TO PARAGRAPH (a)(1)(iv): For flam- FR 14219, Mar. 16, 1995; 67 FR 44541, July 3, mable liquids with flash points above 150 °F 2002] (65.6 °C), see paragraph (b) of this section. (2) The certificate issued by the Ma- § 1915.15 Maintenance of safe conditions. rine Chemist or Coast Guard authorized person shall be posted in the im- (a) Preventing hazardous materials from mediate vicinity of the affected oper- entering. Pipelines that could carry ations while they are in progress and hazardous materials into spaces that kept on file for a period of at least have been certified ‘‘Safe for Workers’’ three months from the date of the com- or ‘‘Safe for Hot Work’’ shall be discon- pletion of the operation for which the nected, blanked off, or otherwise certificate was generated. blocked by a positive method to pre- (b) Hot work requiring testing by a com- vent hazardous materials from being petent person. (1) Hot work is not per- discharged into the space. mitted in or on the following spaces or (b) Alteration of existing conditions. adjacent spaces or other dangerous When a change that could alter condi- atmospheres until they have been test- tions within a tested confined or ened by a competent person and deter- closed space or other dangerous atmos- mined to contain no concentrations of phere occurs, work in the affected flammable vapors equal to or greater space or area shall be stopped. Work than 10 percent of the lower explosive may not be resumed until the affected limit: space or area is visually inspected and (i) Dry cargo holds, retested and found to comply with

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§§ 1915.12, 1915.13, and 1915.14 of this § 1915.16 Warning signs and labels. part, as applicable. (a) Employee comprehension of signs NOTE TO PARAGRAPH (b): Examples of and labels. The Employer shall ensure changes that would warrant the stoppage of that each sign or label posted to com- work include: The opening of manholes or ply with the requirements of this sub- other closures or the adjusting of a valve part is presented in a manner that can regulating the flow of hazardous materials. be perceived and understood by all em- (c) Tests to maintain the conditions of a ployees. Marine Chemist’s or Coast Guard author- (b) Posting of large work areas. A ized person’s certificates. A competent warning sign or label required by para- person shall visually inspect and test graph (a) of this section need not be each space certified as ‘‘Safe for Work- posted at an individual tank, compart- ers’’ or ‘‘Safe for Hot Work,’’ as often ment or work space within a work area as necessary to ensure that atmos- if the entire work area has been tested pheric conditions within that space are and certified: not safe for workers, not maintained within the conditions es- safe for hot work, and if the sign or tablished by the certificate after the label to this effect is posted conspicu- certificate has been issued. ously at each means of access to the (d) Change in the conditions of a Ma- work area. rine Chemist’s or Coast Guard authorized APPENDIX A TO SUBPART B OF PART person’s certificate. If a competent per- 1915—COMPLIANCE ASSISTANCE son finds that the atmospheric condi- GUIDELINES FOR CONFINED AND EN- tions within a certified space fail to CLOSED SPACES AND OTHER DAN- meet the applicable requirements of GEROUS ATMOSPHERES §§ 1915.12, 1915.13, and 1915.14 of this part, work in the certified space shall This appendix is a non-mandatory set of be stopped and may not be resumed guidelines provided to assist employers in until the space has been retested by a complying with the requirements of this subpart. This appendix neither creates addi- Marine Chemist or Coast Guard au- tional obligations nor detracts from obliga- thorized person and a new certificate tions otherwise contained in the standard. It issued in accordance with § 1915.14(a). is intended to provide explanatory informa- (e) Tests to maintain a competent per- tion and educational material to employers son’s findings. After a competent person and employees to foster understanding of, has conducted a visual inspection and and compliance with, the standard. tests required in §§ 1915.12, 1915.13, and Sections 1915.11 through 1915.16. These standards are minimum safety standards for en- 1915.14 of this part and determined a tering and working safely in vessel tanks space to be safe for an employee to and compartments. enter, he or she shall continue to test Section 1915.11(b) Definition of ‘‘Hot work.’’ and visually inspect spaces as often as There are several instances in which cir- necessary to ensure that the required cumstances do not necessitate that grinding, atmospheric conditions within the drilling, abrasive blasting be regarded as hot tested space are maintained.’’ work. Some examples are: 1. Abrasive blasting of the external surface (f) Changes in conditions determined by of the vessel (the hull) for paint preparation competent person’s findings. After the does not necessitate pumping and cleaning competent person has determined ini- the tanks of the vessel. tially that a space is safe for an em- 2. Prior to hot work on any hollow struc- ployee to enter and he or she finds sub- ture, the void space should be tested and ap- sequently that the conditions within propriate precautions taken. the tested space fail to meet the re- Section 1915.11(b) Definition of ‘‘Lower explosive limit.’’ The terms lower flammable quirements of §§ 1915.12, 1915.13, and limit (LFL) and lower explosive limit (LEL) 1915.14, of this part, as applicable, work are used interchangeably in fire science lit- shall be stopped until the conditions in erature. the tested space are corrected to com- Section 1915.11(b) Definition of ‘‘Upper ex- ply with §§ 1915.12, 1915.13, and 1915.14, plosive limit.’’ The terms upper flammable as applicable. limit (UFL) and upper explosive limit (UEL) are used interchangeably in fire science lit- [59 FR 37857, July 25, 1994, as amended at 60 erature. FR 14219, Mar. 16, 1995; 67 FR 44541, July 3, Section 1915.12(a)(3). After a tank has been 2002] properly washed and ventilated, the tank

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should contain 20.8 percent oxygen by vol- ceeding 10 percent of the LEL or an over- ume. This is the same amount found in our exposure to toxic contaminants. normal atmosphere at sea level. However, it 2. Work in the tank. Any activity in the is possible that the oxygen content will be tank could change the atmospheric condi- lower. When this is the case, the reasons for tions in that tank. Oxygen from a leaking this deficiency should be determined and oxyfuel hose or torch could result in an oxy- corrective action taken. gen-enriched atmosphere that would more An oxygen content of 19.5 percent can sup- easily propagate a flame. Some welding oper- port life and is adequate for entry. However, ations use inert gas, and leaks can result in any oxygen level greater than 20.8 percent by an oxygen-deficient atmosphere. Manual volume should alert the competent person to tank cleaning with high pressure spray de- look for the cause of the oxygen-enriched at- vices can stir up residues and result in expo- mosphere and correct it prior to entry. In ad- sures to toxic contaminants. Simple clean- dition, any oxygen level lower than 19.5 pering or mucking out, where employees walk cent level should also alert the competent through and shovel residues and sludge, can person to look for the cause of the oxygen- create a change in atmospheric conditions. deficiency and correct it prior to entry. 3. Period of time elapsed. If a period of time Section 1915.12(b)(3) Flammable atmospheres. has elapsed since a Marine Chemist or Coast Atmospheres with a concentration of flam- Guard authorized person has certified a tank mable vapors at or above 10 percent of the as safe, the atmospheric condition should be lower explosive limit (LEL) are considered rechecked by the competent person prior to hazardous when located in confined spaces. entry and starting work. However, atmospheres with flammable va- 4. Unattended tanks or spaces. When a tank pors below 10 percent of the LEL are not nec- or space has been tested and declared safe, essarily safe. then subsequently left unattended for a period of time, it should be retested prior to Such atmospheres are too lean to burn. entry and starting work. For example, when Nevertheless, when a space contains or pro- barges are left unattended at night, uniden- duces measurable flammable vapors below tified products from another barge are some- the 10 percent LEL, it might indicate that times dumped into their empty tanks. Since flammable vapors are being released or in- this would result in a changed atmosphere, troduced into the space and could present a the tanks should be retested prior to entry hazard in time. Therefore, the cause of the and starting work. vapors should be investigated and, if pos- 5. Work break. When workers take a break sible, eliminated prior to entry. or leave at the end of the shift, equipment Some situations that have produced meas- sometimes is inadvertently left in the tanks. urable concentrations of flammable vapors At lunch or work breaks and at the end of that could exceed 10 percent of the LEL in the shift are the times when it is most likely time are: someone will leave a burning or cutting 1. Pipelines that should have been blanked torch in the tank, perhaps turned on and or disconnected have opened, allowing prod- leaking oxygen or an inert gas. Since the uct into the space. former can produce an oxygen-enriched at- 2. The vessel may have shifted, allowing mosphere, and the latter an oxygen-deficient product not previously cleaned and removed atmosphere, tanks should be checked for during washing to move into other areas of equipment left behind, and atmosphere, the vessel. monitored if necessary prior to re-entering 3. Residues may be producing the atmos- and resuming work. In an oxygen-enriched phere by releasing flammable vapor. atmosphere, the flammable range is severely Section 1915.12(b)(6) Flammable atmospheres broadened. This means that an oxygen-en- that are toxic. An atmosphere with a measur- riched atmosphere can promote very rapid able concentration of a flammable substance burning. below 10 percent of the LEL may be above 6. Ballasting or trimming. Changing the posi- the OSHA permissible exposure limit for tion of the ballast, or trimming or in any that substance. In that case, refer to way moving the vessel so as to expose cargo § 1915.12(c) (2), (3), and (4). that had been previously trapped, can Sections 1915.13(b)(4), 1915.15(c), and produce a change in the atmosphere of the 1915.15(e). The frequency with which a tank tank. The atmosphere should be retested is monitored to determine if atmospheric after any such move and prior to entry or conditions are being maintained is a func- work. tion of several factors that are discussed Section 1915.14 (a) and (b) Hot work. This is below: a reminder that other sections of the OSHA 1. Temperature. Higher temperatures will shipyard safety and health standards in part cause a combustible or flammable liquid to 1915 should be reviewed prior to starting any vaporize at a faster rate than lower tempera- hot work. Most notably, subpart D, Welding, tures. This is important since hotter days Cutting and Heating, places additional re- may cause tank residues to produce more va- strictions on hot work. The requirements of pors and that may result in the vapors ex- §§ 1915.51 and 1915.53 must be met before hot

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work is begun on any metal that is toxic or (c) Such inspections shall be made and evi- is covered by a preservative coating respec- denced as follows: tively; the requirements of § 1915.54 must be (1) In ports or places in the United States met before welding, cutting, or heating is or its territories and possessions, the inspec- begun on any hollow containers or struction shall be made by a Marine Chemist cer- tures not covered by § 1915.12. tificated by the National Fire Protection As- Section 1915.12(a)(2). During hot work, more sociation; however, if the services of such than 20.8 percent oxygen by volume can be certified Marine Chemists are not reasonably unsafe since it extends the normal flam- available, the Officer in Charge, Marine In- mable range. The standard permits the oxy- spection, upon the recommendation of the gen level to reach 22 percent by volume in vessel owner and his contractor or their rep- order to account for instrument error. How- resentative, shall select a person who, in the ever, the cause of excess oxygen should be in- case of an individual vessel, shall be author- vestigated and the source removed. ized to make such inspection. If the inspec- Section 1915.16(b). If the entire vessel has tion indicates that such operations can be been found to be in the same condition, then undertaken with safety, a certificate setting employers shall be considered to be in com- forth the fact in writing and qualified as pliance with this requirement when signs may be required, shall be issued by the cer- using appropriate warning language in ac- tified Marine Chemist or the authorized per- cordance with § 1915.16(a) are posted at the son before the work is started. Such quali- gangway and at all other means of access to fications shall include any requirements as the vessel. may be deemed necessary to maintain, insofar as can reasonably be done, the safe condi- [47 FR 16986, Apr. 20, 1982, as amended at 67 tions in the spaces certified, throughout the FR 44541, July 3, 2002; 76 FR 33609, June 8, operation and shall include such additional 2011] tests and certifications as considered required. Such qualifications and requirements APPENDIX B TO SUBPART B OF PART shall include precautions necessary to elimi- 1915—REPRINT OF U.S. COAST GUARD nate or minimize hazards that may be REGULATIONS REFERENCED IN SUB- present from protective coatings or residues from cargoes. PART B, FOR DETERMINATION OF 2. Title 46 CFR 71.60(c)(1) covering hot COAST GUARD AUTHORIZED PER- work on passenger vessels reads as follows: SONS (a) The provisions of ‘‘Standard for the Control of Gas Hazards on Vessels to be Re- This appendix provides a complete reprint paired,’’ NFPA No. 306, published by Na- of U.S. Coast Guard regulations as of Octo- tional Fire Protection Association, 1 ber 1, 1993, referenced in subpart B for pur- Batterymarch Park, Quincy, MA 02269, shall poses of determining who is a Coast Guard be used as a guide in conducting the inspec- authorized person. tions and issuance of certificates required by 1. Title 46 CFR 35.01–1 (a) through (c) cov- this section. ering hot work on tank vessels reads as fol- (b) Until an inspection has been made to lows: determine that such operation can be under- (a) The provisions of ‘‘Standard for the taken with safety, no alterations, repairs, or Control of Gas Hazards on Vessels to be Re- other such operations involving riveting, paired,’’ NFPA No. 306, published by Na- welding, burning, or like fire-producing ac- tional Fire Protection Association, 1 tions shall be made: Batterymarch Park, Quincy, MA 02269, shall (1) Within or on the boundaries of cargo be used as a guide in conducting the inspec- tanks which have been used to carry flam- tions and issuance of certificates required by mable or combustible liquid or chemicals in this section. bulk, or within spaces adjacent to such cargo (b) Until an inspection has been made to tanks; or determine that such operation can be under- (2) Within or on the boundaries of fuel taken with safety, no alterations, repairs, or tanks; or other such operations involving riveting, (3) To pipe lines, heating coils, pumps, fit- welding, burning, or like fire-producing ac- tings, or other appurtenances connected to tions shall be made: such cargo or fuel tanks. (1) Within or on the boundaries of cargo (c) Such inspections shall be made and evi- tanks that have been used to carry flam- denced as follows: mable or combustible liquid or chemicals in (1) In ports or places in the United States bulk, or within spaces adjacent to such cargo or its territories and possessions the inspec- tanks; or tion shall be made by a Marine Chemist cer- (2) Within or on the boundaries of fuel tificated by the National Fire Protection As- tanks; or sociation; however, if the services of such (3) To pipe lines, heating coils, pumps, fit- certified Marine Chemist are not reasonably tings, or other appurtenances connected to available, the Officer in Charge, Marine In- such cargo or fuel tanks. spection, upon the recommendation of the

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vessel owner and his contractor or their rep- son before the work is started. Such quali- resentative, shall select a person who, in the fications shall include any requirements as case of an individual vessel, shall be author- may be deemed necessary to maintain, inso- ized to make such inspection. If the inspec- far as can reasonably be done, the safe condition indicated that such operations can be tions in the spaces certified throughout the undertaken with safety, a certificate setting operation and shall include such additional forth the fact in writing and qualified as tests and certifications as considered re- may be required, shall be issued by the cer- quired. Such qualifications and requirements tified Marine Chemist or the authorized per- shall include precautions necessary to elimi- son before the work is started. Such quali- nate or minimize hazards that may be fications shall include any requirements as present from protective coatings or residues may be deemed necessary to maintain, inso- from cargoes. far as can reasonably be done, the safe conditions in the spaces certified throughout the operation and shall include such additional Subpart C—Surface Preparation tests and certifications as considered re- and Preservation quired. Such qualifications and requirements shall include precautions necessary to elimi- § 1915.31 Scope and application of sub- nate or minimize hazards that may be part. present from protective coatings or residues The standards contained in this sub- from cargoes. part shall apply to ship repairing and 3. Title 46 CFR 91.50–1(c)(1) covering hot shipbuilding and shall not apply to work on cargo and miscellaneous vessels as follows: shipbreaking. (a) The provisions of ‘‘Standard for the Control of Gas Hazards on Vessels to be Re- § 1915.32 Toxic cleaning solvents. paired,’’ NFPA No. 306, published by Na- (a) When toxic solvents are used, the tional Fire Protection Association, 1 employer shall employ one or more of Batterymarch Park, Quincy, MA 02269, shall the following measures to safeguard be used as a guide in conducting the inspections and issuance of certificates required by the health of employees exposed to this section. these solvents. (b) Until an inspection has been made to (1) The cleaning operation shall be determine that such operation can be under- completely enclosed to prevent the es- taken with safety, no alterations, repairs, or cape of vapor into the working space. other such operations involving riveting, (2) Either natural ventilation or me- welding, burning, or like fire-producing ac- chanical exhaust ventilation shall be tions shall be made: used to remove the vapor at the source (1) Within or on the boundaries of cargo tanks which have been used to carry flam- and to dilute the concentration of va- mable or combustible liquid or chemicals in pors in the working space to a con- bulk, or within spaces adjacent to such cargo centration which is safe for the entire tanks; or, work period. (2) Within or on the boundaries of fuel (3) Employees shall be protected tanks; or, against toxic vapors by suitable res- (3) To pipe lines, heating coils, pumps, fit- piratory protective equipment in ac- tings, or other appurtenances connected to cordance with the requirements of sub- such cargo or fuel tanks. (c) Such inspections shall be made and evi- part I of this part and, where nec- denced as follows: essary, against exposure of skin and (1) In ports or places in the United States eye contact with toxic solvents and or its territories and possessions the inspec- their vapors by suitable clothing and tion shall be made by a Marine Chemist cer- equipment. tificated by the National Fire Protection As- (b) The principles in the threshold sociation; however, if the services of such limit values to which attention is di- certified Marine Chemist are not reasonably available, the Officer in Charge, Marine In- rected in § 1915.4 will be used by the De- spection, upon the recommendation of the partment of Labor in enforcement pro- vessel owner and his contractor or their rep- ceedings in defining a safe concentra- resentative, shall select a person who, in the tion of air contaminants. case of an individual vessel, shall be author- (c) When flammable solvents are ized to make such inspection. If the inspec- used, precautions shall be taken in action indicated that such operations can be cordance with the requirements of undertaken with safety, a certificate setting § 1915.36. forth the fact in writing and qualified as may be required, shall be issued by the cer- [47 FR 16986, Apr. 20, 1982, as amended at 61 tified Marine Chemist or the authorized per- FR 26351, May 24, 1996]

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§ 1915.33 Chemical paint and preserva- (b) Flame removal. (1) Hardened pre- tive removers. servative coatings shall not be removed (a) Employees shall be protected by flame in enclosed spaces unless the employees exposed to fumes are pro- against skin contact during the han- tected by air line respirators in accord- dling and application of chemical paint ance with the requirements of subpart and preservative removers and shall be I. Employees performing such an oper- protected against eye injury by goggles ation in the open air, and those ex- or face shields in accordance with the posed to the resulting fumes shall be requirements of subpart I of this part. protected by a fume filter type res- (b) When using flammable paint and pirator in accordance with the require- preservative removers, precautions ments of subpart I of this part. shall be taken in accordance with the (2) Flame or heat shall not be used to requirements of § 1915.36. remove soft and greasy preservative (c) When using chemical paint and coatings. preservative removers which contain (c) Abrasive blasting—(1) Equipment. volatile and toxic solvents, such as Hoses and fittings used for abrasive benzol, acetone and amyl acetate, the blasting shall meet the following re- provisions of § 1915.32 shall be applica- quirements: ble. (i) Hoses. Hose of a type to prevent (d) When using paint and rust remov- shocks from static electricity shall be ers containing strong acids or alkalies, used. employees shall be protected by suit- (ii) Hose couplings. Hose lengths shall able face shields to prevent chemical be joined by metal couplings secured to burns on the face and neck. the outside of the hose to avoid erosion (e) When steam guns are used, all em- and weakening of the couplings. ployees working within range of the (iii) Nozzles. Nozzles shall be attached blast shall be protected by suitable to the hose by fittings that will pre- face shields. Metal parts of the steam vent the nozzle from unintentionally gun itself shall be insulated to protect becoming disengaged. Nozzle attach- the operator against heat burns. ments shall be of metal and shall fit onto the hose externally. [47 FR 16986, Apr. 20, 1982, as amended at 61 (iv) Dead man control. A dead man FR 26351, May 24, 1996] control device shall be provided at the § 1915.34 Mechanical paint removers. nozzle end of the blasting hose either to provide direct cutoff or to signal the (a) Power tools. (1) Employees en- pot tender by means of a visual and au- gaged in the removal of paints, preserv- dible signal to cut off the flow, in the atives, rusts, or other coatings by event the blaster loses control of the means of power tools shall be protected hose. The pot tender shall be available against eye injury by using goggles or at all times to respond immediately to face shields in accordance with the re- the signal. quirements of subpart I of this part. (2) Replacement. Hoses and all fittings (2) All portable rotating tools used used for abrasive blasting shall be infor the removal of paints, preserva- spected frequently to insure timely re- tives, rusts or other coatings shall be placement before an unsafe amount of adequately guarded to protect both the wear has occurred. operator and nearby workers from fly- (3) Personal protective equipment. (i) ing missiles. Abrasive blasters working in enclosed (3) Portable electric tools shall be spaces shall be protected by hoods and grounded in accordance with the re- air line respirators, or by air helmets quirements of § 1915.132. of a positive pressure type in accord- (4) In a confined space, mechanical ance with the requirements of subpart exhaust ventilation sufficient to keep I of this part. the dust concentration to a minimum (ii) Abrasive blasters working in the shall be used, or employees shall be open shall be protected as indicated in protected by respiratory protective paragraph (c)(3)(i) of this section ex- equipment in accordance with the re- cept that when synthetic abrasive con- quirements of subpart I of this part. taining less than one percent free silica

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are used, filter type respirators ap- spaces or in other areas where lack of proved jointly by the National Insti- ventilation creates a hazard, employ- tute for Occupational Safety and ees shall be protected by filter res- Health and the Mine Safety and Health pirators in accordance with the re- Administration for exposure to lead quirements of subpart I of this part. dusts, used in conjunction with the (3) When flammable paints or vehi- proper eye, face and head protection, cles are used, precautions shall be may be used in accordance with sub- taken in accordance with the require- part I of this part. ments of § 1915.36. (iii) Employees, other than blasters, (4) The metallic parts of air moving including machine tenders and abrasive devices, including fans, blowers, and recovery men, working in areas where jet-type air movers, and all duct work unsafe concentrations of abrasive ma- shall be electrically bonded to the ves- terials and dusts are present shall be sel’s structure. protected by eye and respiratory protective equipment in accordance with (b) Paints and tank coatings dissolved the requirements of subpart I of this in highly volatile, toxic and flammable part. solvents. Several organic coatings, ad- (iv) The blaster shall be protected hesives and resins are dissolved in against injury from exposure to the highly toxic, flammable and explosive ° blast by appropriate protective cloth- solvents with flash points below 80 F. ing, including gloves. Work involving such materials shall be (v) Since surges from drops in pres- done only when all of the following spe- sure in the hose line can be of suffi- cial precautions have been taken: cient proportions to throw the blaster (1) Sufficient exhaust ventilation off the staging, the blaster shall be pro- shall be provided to keep the con- tected by a safety belt when blasting is centration of solvent vapors below ten being done from elevations where ade- (10) percent of the lower explosive quate protection against falling cannot limit. Frequent tests shall be made by be provided by railings. a competent person to ascertain the concentration. [47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996] (2) If the ventilation fails or if the concentration of solvent vapors § 1915.35 Painting. reaches or exceeds ten (10) percent of (a) Paints mixed with toxic vehicles or the lower explosive limit, painting solvents. (1) When paints mixed with shall be stopped and the compartment toxic vehicles or solvents are sprayed, shall be evacuated until the concentra- the following conditions shall apply: tion again falls below ten (10) percent (i) In confined spaces, employees con- of the lower explosive limit. If the continuously exposed to such spraying centration does not fall when painting shall be protected by air line res- is stopped, additional ventilation to pirators in accordance with the re- bring the concentration to below ten quirements of subpart I of this part. (10) percent of the lower explosive limit (ii) In tanks or compartments, em- shall be provided. ployees continuously exposed to such (3) Ventilation shall be continued spraying shall be protected by air line after the completion of painting until respirators in accordance with the re- the space or compartment is gas free. quirements of subpart I. Where me- The final determination as to whether chanical ventilation is provided, em- the space or compartment is gas free ployees shall be protected by res- shall be made after the ventilating pirators in accordance with the re- equipment has been shut off for at quirements of subpart I of this part. least 10 minutes. (iii) In large and well ventilated (4) Exhaust ducts shall discharge areas, employees exposed to such clear of working areas and away from spraying shall be protected by res- sources of possible ignition. Periodic pirators in accordance with the re- tests shall be made to ensure that the quirements of subpart I of this part. exhausted vapors are not accumulating (2) Where brush application of paints in other areas within or around the with toxic solvents is done in confined vessel or dry dock.

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(5) All motors and control equipment being performed shall be protected by shall be of the explosion-proof type. air line respirators in accordance with Fans shall have nonferrous blades. the requirements of subpart I of this Portable air ducts shall also be of non- part and by suitable protective cloth- ferrous materials. All motors and asso- ing. Employees entering such compart- ciated control equipment shall be prop- ments for a limited time shall be pro- erly maintained and grounded. tected by filter cartridge type res- (6) Only non-sparking paint buckets, pirators in accordance with the re- spray guns and tools shall be used. quirements of subpart I of this part. Metal parts of paint brushes and rollers (14) All employees doing exterior shall be insulated. Staging shall be paint spraying with such paints shall erected in a manner which ensures that be protected by suitable filter car- it is non-sparking. tridge type respirators in accordance (7) Only explosion proof lights, ap- with the requirements of subpart I of proved by the Underwriters’ Labora- this part and by suitable protective tories for use in Class I, Group D clothing. atmospheres, or approved as permissible by the Mine Safety and Health [47 FR 16986, Apr. 20, 1982, as amended at 61 FR 26351, May 24, 1996; 67 FR 44541, July 3, Administration or the U.S. Coast 2002] Guard, shall be used. (8) A competent person shall inspect § 1915.36 Flammable liquids. all power and lighting cables to ensure that the insulation is in excellent con- (a) In all cases when liquid solvents, dition, free of all cracks and worn paint and preservative removers, spots, that there are no connections paints or vehicles, other than those within fifty (50) feet of the operation, covered by § 1915.35(b), are capable of that lines are not overloaded, and that producing a flammable atmosphere they are suspended with sufficient under the conditions of use, the fol- slack to prevent undue stress or chaf- lowing precautions shall be taken: ing. (1) Smoking, open flames, arcs and (9) The face, eyes, head, hands, and spark-producing equipment shall be all other exposed parts of the bodies of prohibited in the area. employees handling such highly vola- (2) Ventilation shall be provided in tile paints shall be protected. All foot- sufficient quantities to keep the con- wear shall be non-sparking, such as centration of vapors below ten (10) per- rubbers, rubber boots or rubber soled cent of their lower explosive limit. Fre- shoes without nails. Coveralls or other quent tests shall be made by a com- outer clothing shall be of cotton. Rub- petent person to ascertain the con- ber, rather than plastic, gloves shall be centration. used because of the danger of static (3) Scrapings and rags soaked with sparks. these materials shall be kept in a cov- (10) No matches, lighted cigarettes, ered metal container. cigars, or pipes, and no cigarette light- (4) Only explosion proof lights, ap- ers or ferrous articles shall be taken proved by the Underwriters’ Labora- into the area where work is being done. tories for use in Class I, Group D (11) All solvent drums taken into the atmospheres, or approved as permis- compartment shall be placed on non- sible by the Mine Safety and Health ferrous surfaces and shall be grounded Administration or the U.S. Coast to the vessel. Metallic contact shall be Guard, shall be used. maintained between containers and (5) A competent person shall inspect drums when materials are being trans- all power and lighting cables to ensure ferred from one to another. that the insulation is in excellent con- (12) Spray guns, paint pots, and me- dition, free of all cracks and worn tallic parts of connecting tubing shall spots, that there are no connections be electrically bonded, and the bonded within fifty (50) feet of the operation, assembly shall be grounded to the ves- that lines are not overloaded, and that sel. they are suspended with sufficient (13) All employees continuously in a slack to prevent undue stress or chaf- compartment in which such painting is ing.

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(6) Suitable fire extinguishing equip- (2) The means of access shall be pro- ment shall be immediately available in vided to a confined space and ventila- the work area and shall be maintained tion ducts to this space shall be ar- in a state of readiness for instant use. ranged in accordance with § 1915.76(b) (1) and (2). Subpart D—Welding, Cutting and (3) When sufficient ventilation can- Heating not be obtained without blocking the means of access, employees in the con- § 1915.51 Ventilation and protection in fined space shall be protected by air welding, cutting and heating. line respirators in accordance with the (a) The provisions of this section requirements of § 1915.154, and an em- shall apply to all ship repairing, ship- ployee on the outside of such a con- building, and shipbreaking operations; fined space shall be assigned to main- except that paragraph (e) of this sec- tain communication with those work- tion shall apply only to ship repairing ing within it and to aid them in an and shipbuilding. Paragraph (g) of this emergency. section shall apply only to ship repair- (d) Welding, cutting or heating of met- ing. als of toxic significance. (1) Welding, cut- (b) Mechanical ventilation require- ting or heating in any enclosed spaces ments. (1) For purposes of this section, aboard the vessel involving the metals mechanical ventilation shall meet the specified below shall be performed with following requirements: either general mechanical or local ex- (i) Mechanical ventilation shall con- haust ventilation meeting the require- sist of either general mechanical ven- ments of paragraph (b) of this section: tilation systems or local exhaust sys- (i) Zinc-bearing base or filler metals tems. or metals coated with zinc-bearing ma- (ii) General mechanical ventilation terials. shall be of sufficient capacity and so (ii) Lead base metals. arranged as to produce the number of (iii) Cadmium-bearing filler mate- air changes necessary to maintain rials. welding fumes and smoke within safe (iv) Chromium-bearing metals or limits. metals coated with chromium-bearing (iii) Local exhaust ventilation shall materials. consist of freely movable hoods in- (2) Welding, cutting or heating in any tended to be placed by the welder or enclosed spaces aboard the vessel in- burner as close as practicable to the volving the metals specified below work. This system shall be of sufficient shall be performed with local exhaust capacity and so arranged as to remove ventilation in accordance with the re- fumes and smoke at the source and quirements of paragraph (b) of this sec- keep the concentration of them in the tion or employees shall be protected by breathing zone within safe limits. air line respirators in accordance with (iv) Contaminated air exhausted from the requirements of § 1915.154: a working space shall be discharged (i) Metals containing lead, other than into the open air or otherwise clear of as an impurity, or metals coated with the source of intake air. lead-bearing materials. (v) All air replacing that withdrawn (ii) Cadmium-bearing or cadmium shall be clean and respirable. coated base metals. (vi) Oxygen shall not be used for ven- (iii) Metals coated with mercury- tilation purposes, comfort cooling, bearing metals. blowing dust or dirt from clothing, or (iv) Beryllium-containing base or for cleaning the work area. filler metals. Because of its high tox- (c) Welding, cutting and heating in con- icity, work involving beryllium shall fined spaces. (1) Except as provided in be done with both local exhaust ven- paragraphs (c)(3) and (d)(2) of this sec- tilation and air line respirators. tion either general ventilation meeting (3) Employees performing such oper- the requirements of paragraph (b) of ations in the open air shall be pro- this section shall be provided whenever tected by filter type respirators, and welding, cutting or heating is per- employees performing such operations formed in a confined space. on beryllium-containing base or filler

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metals shall be protected by air line where, because of unusual physical or respirators, in accordance with the re- atmospheric conditions, an unsafe ac- quirements of § 1915.154. cumulation of contaminants exists, (4) Other employees exposed to the suitable mechanical ventilation or res- same atmosphere as the welders or piratory protective equipment shall be burners shall be protected in the same provided. manner as the welder or burner. (2) Employees performing any type of (e) Inert-gas metal-arc welding. (1) welding, cutting or heating shall be Since the inert-gas metal-arc welding protected by suitable eye protective process involves the production of ul- equipment in accordance with the re- traviolet radiation of intensities of 5 to quirements of § 1915.153. 30 times that produced during shielded (g) Residues and cargoes of metallic metal-arc welding, the decomposition ores. (1) Residues and cargoes of metal- of chlorinated solvents by ultraviolet lic ores of toxic significance shall be rays, and the liberation of toxic fumes removed from the area or protected and gases, employees shall not be per- from the heat before ship repair work mitted to engage in, or be exposed to which involves welding, cutting or the process until the following special heating is begun. precautions have been taken: [47 FR 16986, Apr. 20, 1982, as amended at 67 (i) The use of chlorinated solvents FR 44541, July 3, 2002] shall be kept at least two hundred (200) feet from the exposed arc, and surfaces § 1915.53 Welding, cutting and heating prepared with chlorinated solvents in way of preservative coatings. shall be thoroughly dry before welding (a) The provisions in this section is permitted on such surfaces. shall apply to all ship repairing, ship- (ii) Helpers and other employees in building and shipbreaking operations the area not protected from the arc by except for paragraphs (e) and (f) of this screening as provided in § 1915.56(e) section which shall apply to ship re- shall be protected by filter lenses pairing and shipbulding and shall not meeting the requirements of § 1915.153. apply to shipbreaking. When two or more welders are exposed (b) Before welding, cutting or heating to each other’s arc, filter lens goggles is commenced on any surface covered of a suitable type meeting the require- by a preservative coating whose flam- ments of § 1915.153 shall be worn under mability is not known, a test shall be welding helmets or hand shields to pro- made by a competent person to deter- tect the welder against flashes and ra- mine its flammability. Preservative diant energy when either the helmet is coatings shall be considered to be high- lifted or the shield is removed. ly flammable when scrapings burn with (iii) Welders and other employees extreme rapidity. who are exposed to radiation shall be (c) Precautions shall be taken to pre- suitably protected so that the skin is vent ignition of highly flammable covered completely to prevent burns hardened preservative coatings. When and other damage by ultraviolet rays. coatings are determined to be highly Welding helmets and hand shields shall flammable they shall be stripped from be free of leaks and openings, and free the area to be heated to prevent igni- of highly reflective surfaces. tion, or, where shipbreaking is in- (iv) When inert-gas metal-arc weld- volved, the coatings may be burned ing is being performed on stainless away under controlled conditions. A 11⁄2 steel, the requirements of paragraph inch or larger fire hose with fog nozzle, (d)(2) of this section shall be met to which has been uncoiled and placed protect against dangerous concentra- under pressure, shall be immediately tions of nitrogen dioxide. available for instant use in the imme- (f) General welding, cutting, and heat- diate vicinity, consistent with avoiding ing. (1) Welding, cutting and heating freezing of the hose. not involving conditions or materials (d) Protection against toxic preservative described in paragraph (c), (d) or (e) of coatings. (1) In enclosed spaces, all sur- this section may normally be done faces covered with toxic preservatives without mechanical ventilation or res- shall be stripped of all toxic coatings piratory protective equipment, but for a distance of at least 4 inches from

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the area of heat application or the em- (a) Drums, containers, or hollow ployees shall be protected by air line structures which have contained flam- respirators meeting the requirements mable substances shall, before welding, of § 1915.154. cutting, or heating is undertaken on (2) In the open air, employees shall be them, either be filled with water or protected by a filter type respirator in thoroughly cleaned of such substances accordance with the requirements of and ventilated and tested. § 1915.154. (b) Before heat is applied to a drum, (e) Before welding, cutting or heating container, or hollow structure, a vent is commenced in enclosed spaces on or opening shall be provided for the re- metals covered by soft and greasy pre- lease of any built-up pressure during servatives, the following precautions the application of heat. shall be taken: (c) Before welding, cutting, heating (1) A competent person shall test the or brazing is begun on structural voids atmosphere in the space to ensure that such as skegs, bilge keels, fair waters, it does not contain explosive vapors, masts, booms, support stanchions, pipe since there is a possibility that some stanchions or railings, a competent soft and greasy preservatives may have person shall inspect the object and, if flash points below temperatures which necessary, test it for the presence of may be expected to occur naturally. If flammable liquids or vapors. If flam- such vapors are determined to be mable liquids or vapors are present, the present, no hot work shall be com- object shall be made safe. menced until such precautions have (d) Objects such as those listed in been taken as will ensure that the paragraph (c) of this section shall also welding, cutting or heating can be per- be inspected to determine whether formed in safety. water or other non-flammable liquids (2) The preservative coatings shall be are present which, when heated, would removed for a sufficient distance from build up excessive pressure. If such liq- the area to be heated to ensure that uids are determined to be present, the the temperature of the unstripped object shall be vented, cooled, or other- metal will not be appreciably raised. wise made safe during the application Artificial cooling of the metal sur- of heat. rounding the heated area may be used (e) Jacketed vessels shall be vented to limit the size of the area required to before and during welding, cutting or be cleaned. The prohibition contained heating operations in order to release in § 1915.34(b)(2) shall apply. any pressure which may build up dur- (f) Immediately after welding, cut- ing the application of heat. ting or heating is commenced in enclosed spaces on metal covered by soft § 1915.55 Gas welding and cutting. and greasy preservatives, and at fre- The provisions of this section shall quent intervals thereafter, a competent apply to ship repairing, shipbuilding person shall make tests to ensure that and shipbreaking. no flammable vapors are being pro- (a) Transporting, moving and storing duced by the coatings. If such vapors compressed gas cylinders. (1) Valve pro- are determined to be present, the oper- tection caps shall be in place and se- ation shall be stopped immediately and cure. Oil shall not be used to lubricate shall not be resumed until such addi- protection caps. tional precautions have been taken as (2) When cylinders are hoisted, they are necessary to ensure that the oper- shall be secured on a cradle, slingboard ation can be resumed safely. or pallet. They shall not be hoisted by [47 FR 16986, Apr. 20, 1982, as amended at 67 means of magnets or choker slings. FR 44542, July 3, 2002] (3) Cylinders shall be moved by tilting and rolling them on their bottom § 1915.54 Welding, cutting and heating edges. They shall not be intentionally of hollow metal containers and dropped, struck, or permitted to strike structures not covered by § 1915.12. each other violently. The provisions of this section shall (4) When cylinders are transported by apply to ship repairing, shipbuilding vehicle, they shall be secured in posi- and shipbreaking. tion.

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(5) Valve protection caps shall not be (3) No damaged or defective cylinder used for lifting cylinders from one shall be used. vertical position to another. Bars shall (d) Use of fuel gas. The employer shall not be used under valves or valve pro- thoroughly instruct employees in the tection caps to pry cylinders loose safe use of fuel gas, as follows: when frozen. Warm, not boiling, water (1) Before connecting a regulator to a shall be used to thaw cylinders loose. cylinder valve, the valve shall be (6) Unless cylinders are firmly se- opened slightly and closed imme- cured on a special carrier intended for diately. (This action is generally this purpose, regulators shall be re- termed ‘‘cracking’’ and is intended to moved and valve protection caps put in clear the valve of dust or dirt that place before cylinders are moved. might otherwise enter the regulator.) (7) A suitable cylinder truck, chain, The person cracking the valve shall or other steadying device shall be used stand to one side of the outlet, not in to keep cylinders from being knocked front of it. The valve of a fuel gas cyl- over while in use. inder shall not be cracked where the (8) When work is finished, when cyl- gas would reach welding work, sparks, inders are empty or when cylinders are flame or other possible sources of igni- moved at any time, the cylinder valves tion. shall be closed. (2) The cylinder valve shall always be (9) Acetylene cylinders shall be se- opened slowly to prevent damage to cured in an upright position at all the regulator. To permit quick closing, times except, if necessary, for short pe- valves on fuel gas cylinders shall not riods of time while cylinders are actu- be opened more than 11⁄2 turns. When a ally being hoisted or carried. special wrench is required, it shall be (b) Placing cylinders. (1) Cylinders left in position on the stem of the valve shall be kept far enough away from the while the cylinder is in use so that the actual welding or cutting operation so fuel gas flow can be shut off quickly in that sparks, hot slag or flame will not case of an emergency. In the case of reach them. When this is impractical, fire resistant shields shall be provided. manifolded or coupled cylinders, at least one such wrench shall always be (2) Cylinders shall be placed where available for immediate use. Nothing they cannot become part of an electrical circuit. Electrodes shall not be shall be placed on top of a fuel gas cyl- struck against a cylinder to strike an inder, when in use, which may damage arc. the safety device or interfere with the (3) Fuel gas cylinders shall be placed quick closing of the valve. with valve end up whenever they are in (3) Fuel gas shall not be used from use. They shall not be placed in a loca- cylinders through torches or other de- tion where they would be subject to vices which are equipped with shut-off open flame, hot metal, or other sources valves without reducing the pressure of artificial heat. through a suitable regulator attached (4) Cylinders containing oxygen or to the cylinder valve or manifold. acetylene or other fuel gas shall not be (4) Before a regulator is removed taken into confined spaces. from a cylinder valve, the cylinder (c) Treatment of cylinders. (1) Cyl- valve shall always be closed and the inders, whether full or empty, shall not gas released from the regulator. be used as rollers or supports. (5) If, when the valve on a fuel gas (2) No person other than the gas sup- cylinder is opened, there is found to be plier shall attempt to mix gases in a a leak around the valve stem, the valve cylinder. No one except the owner of shall be closed and the gland nut tight- the cylinder or person authorized by ened. If this action does not stop the him shall refill a cylinder. No one shall leak, the use of the cylinder shall be use a cylinder’s contents for purposes discontinued, and it shall be properly other than those intended by the sup- tagged and removed from the vessel. In plier. Only cylinders bearing Interstate the event that fuel gas should leak Commerce Commission identification from the cylinder valve rather than and inspection markings shall be used. from the valve stem and the gas cannot

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be shut off, the cylinder shall be prop- (4) Hose which has been subjected to erly tagged and removed from the ves- flashback or which shows evidence of sel. If a regulator attached to a cyl- severe wear or damage shall be tested inder valve will effectively stop a leak to twice the normal pressure to which through the valve seat, the cylinder it is subject, but in no case less than need not be removed from the vessel. two hundered (200) psi. Defective hose (6) If a leak should develop at a fuse or hose in doubtful condition shall not plug or other safety device, the cyl- be used. inder shall be removed from the vessel (5) Hose couplings shall be of the type (e) Fuel gas and oxygen manifolds. (1) that cannot be unlocked or discon- Fuel gas and oxygen manifolds shall nected by means of a straight pull bear the name of the substance they without rotary motion. contain in letters at least one (1) inch (6) Boxes used for the stowage of gas high which shall be either painted on hose shall be ventilated. the manifold or on a sign permanently (g) Torches. (1) Clogged torch tip attached to it. openings shall be cleaned with suitable (2) Fuel gas and oxygen manifolds cleaning wires, drills or other devices shall be placed in safe and accessible designed for such purpose. locations in the open air. They shall (2) Torches shall be inspected at the not be located within enclosed spaces. beginning of each shift for leaking (3) Manifold hose connections, in- shutoff valves, hose couplings, and tip cluding both ends of the supply hose connections. Defective torches shall that lead to the manifold, shall be such not be used. that the hose cannot be interchanged (3) Torches shall be lighted by fric- between fuel gas and oxygen manifolds tion lighters or other approved devices, and supply header connections. Adapt- and not by matches or from hot work. ers shall not be used to permit the (h) Pressure regulators. Oxygen and interchange of hose. Hose connections fuel gas pressure regulators including shall be kept free of grease and oil. their related gauges shall be in proper (4) When not in use, manifold and working order while in use. header hose connections shall be capped. § 1915.56 Arc welding and cutting. (5) Nothing shall be placed on top of The provisions of this section shall a manifold, when in use, which will apply to ship repairing, shipbuilding damage the manifold or interfere with and shipbreaking. the quick closing of the valves. (a) Manual electrode holders. (1) Only (f) Hose. (1) Fuel gas hose and oxygen manual electrode holders which are hose shall be easily distinguishable specifically designed for arc welding from each other. The contrast may be and cutting and are of a capacity capa- made by different colors or by surface ble of safely handling the maximum characteristics readily distinguishable rated current required by the elec- by the sense of touch. Oxygen and fuel trodes shall be used. gas hoses shall not be interchangeable. (2) Any current carrying parts pass- A single hose having more than one gas ing through the portion of the holder passage, a wall failure of which would which the arc welder or cutter grips in permit the flow of one gas into the his hand, and the outer surfaces of the other gas passage, shall not be used. jaws of the holder, shall be fully insu- (2) When parallel sections of oxygen lated against the maximum voltage en- and fuel gas hose are taped together countered to ground. not more than 4 inches out of 8 inches (b) Welding cables and connectors. (1) shall be covered by tape. All arc welding and cutting cables shall (3) All hose carrying acetylene, oxy- be of the completely insulated, flexible gen, natural or manufactured fuel gas, type, capable of handling the max- or any gas or substance which may ig- imum current requirements of the nite or enter into combustion or be in work in progress, taking into account any way harmful to employees, shall be the duty cycle under which the arc inspected at the beginning of each welder or cutter is working. shift. Defective hose shall be removed (2) Only cable free from repair or from service. splices for a minimum distance of ten

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(10) feet from the cable end to which electrolysis or fire hazard exists by vir- the electrode holder is connected shall tue of such use. be used, except that cables with stand- (5) The frames of all arc welding and ard insulated connectors or with cutting machines shall be grounded ei- splices whose insulating quality is ther through a third wire in the cable equal to that of the cable are per- containing the circuit conductor or mitted. through a separate wire which is (3) When it becomes necessary to con- grounded at the source of the current. nect or splice lengths of cable one to Grounding circuits, other than by another, substantial insulated connec- means of the vessel’s structure, shall tors of a capacity at least equivalent to be checked to ensure that the circuit that of the cable shall be used. If con- between the ground and the grounded nections are effected by means of cable power conductor has resistance low lugs, they shall be securely fastened to- enough to permit sufficient current to gether to give good electrical contact, flow to cause the fuse or circuit break- and the exposed metal parts of the lugs er to interrupt the current. shall be completely insulated. (6) All ground connections shall be (4) Cables in poor repair shall not be inspected to ensure that they are me- used. When a cable other than the chanically strong and electrically ade- cable lead referred to in paragraph quate for the required current. (b)(2) of this section becomes worn to (d) Operating instructions. Employers the extent of exposing bare conductors, shall instruct employees in the safe the portion thus exposed shall be pro- means of arc welding and cutting as tected by means of rubber and friction follows: tapes or other equivalent insulation. (1) When electrode holders are to be left unattended, the electrodes shall be (c) Ground returns and machine removed and the holders shall be so grounding. (1) A ground return cable placed or protected that they cannot shall have a safe current carrying ca- make electrical contact with employ- pacity equal to or exceeding the speci- ees or conducting objects. fied maximum output capacity of the (2) Hot electrode holders shall not be arc welding or cutting unit which it dipped in water, since to do so may ex- services. When a single ground return pose the arc welder or cutter to elec- cable services more than one unit, its tric shock. safe current carrying capacity shall (3) When the arc welder or cutter has equal or exceed the total specified occasion to leave his work or to stop maximum output capacities of all the work for any appreciable length of units which it services. time, or when the arc welding or cut- (2) Structures or pipe lines, except ting machine is to be moved, the power pipe lines containing gases of flam- supply switch to the equipment shall mable liquids or conduits containing be opened. electrical circuits, may be used as part (4) Any faulty or defective equipment of the ground return circuit, provided shall be reported to the supervisor. that the pipe or structure has a current (e) Shielding. Whenever practicable, carrying capacity equal to that re- all arc welding and cutting operations quired by paragraph (c)(1) of this sec- shall be shielded by noncombustible or tion. flame-proof screens which will protect (3) When a structure or pipe line is employees and other persons working employed as a ground return circuit, it in the vicinity from the direct rays of shall be determined that the required the arc. electrical contact exists at all joints. The generation of an arc, sparks or § 1915.57 Uses of fissionable material heat at any point shall cause rejection in ship repairing and shipbuilding. of the structure as a ground circuit. The provisions of this section apply (4) When a structure or pipe line is to ship repairing and shipbuilding only. continuously employed as a ground re- (a) In activities involving the use of turn circuit, all joints shall be bonded, and exposure to sources of ionizing ra- and periodic inspections shall be con- diation not only on conventionally ducted to ensure that no condition of powered but also on nuclear powered

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vessels, the applicable provisions of the burned or otherwise defective shall be Nuclear Regulatory Commission’s replaced. Standards for Protection Against Radi- (6) Barrels, boxes, cans, loose bricks, ation (10 CFR part 20), relating to pro- or other unstable objects shall not be tection against occupational radiation used as working platforms or for the exposure, shall apply. support of planking intended as scaf- (b) Any activity which involves the folds or working platforms. use of radiocative material, whether or (7) No scaffold shall be erected, not under license from the Nuclear moved, dismantled or altered except Regulatory Commission, shall be per- under the supervision of competent formed by competent persons specially persons. trained in the proper and safe oper- (8) No welding, burning, riveting or ation of such equipment. In the case of open flame work shall be performed on materials used under Commission li- any staging suspended by means of cense, only persons actually licensed, fiber rope. or competent persons under direction (9) Lifting bridles on working plat- and supervision of the licensee, shall forms suspended from cranes shall con- perform such work. sist of four legs so attached that the stability of the platform is assured. Subpart E—Scaffolds, Ladders and (10) Unless the crane hook has a safe- Other Working Surfaces ty latch or is moused, the lifting bridles on working platforms suspended § 1915.71 Scaffolds or staging. from cranes shall be attached by shackles to the lower lifting block or (a) Scope and application. The provi- other positive means shall be taken to sions of this section shall apply to all prevent them from becoming acciden- ship repairing, shipbuilding and tally disengaged from the crane hook. shipbreaking operations except that (c) Independent pole wood scaffolds. (1) paragraphs (b)(8) through (b)(10) and All pole uprights shall be set plump. paragraphs (c) through (f) of this sec- Poles shall rest on a foundation of suf- tion shall only apply to ship repairing ficient size and strength to distribute and shipbuilding operations and shall the loan and to prevent displacement. not apply to shipbreaking. (2) In light-duty scaffolds, not more (b) General requirements. (1) All scaf- than 24 feet in height, poles may be folds and their supports whether of spliced by overlapping the ends not less lumber, steel or other material, shall than 4 feet and securely nailing them be capable of supporting the load they together. A substantial cleat shall be are designed to carry with a safety fac- nailed to the lower section to form a tor of not less than four (4). support for the upper section except (2) All lumber used in the construc- when bolted connections are used. tion of scaffolds shall be spruce, fir, (3) All other poles to be spliced shall long leaf yellow pine, Oregon pine or be squared at the ends of each splice, wood of equal strength. The use of abutted, and rigidly fastened together hemlock, short leaf yellow pine, or by not less than two cleats securely short fiber lumber is prohibited. nailed or bolted thereto. Each cleat (3) Lumber dimensions as given in shall overlap each pole end by at least this subpart are nominal except where 24 inches and shall have a width equal given in fractions of an inch. to the face of the pole to which it is at- (4) All lumber used in the construc- tached. The combined cross sectional tion of scaffolds shall be sound, area of the cleats shall be not less than straight-grained, free from cross grain, the cross sectional area of the pole. shakes and large, loose or dead knots. (4) Ledgers shall extend over two con- It shall also be free from dry rot, large secutive pole spaces and shall overlap checks, worm holes or other defects the poles at each end by not less than which impair its strength or dura- 4 inches. They shall be left in position bility. to brace the poles as the platform is (5) Scaffolds shall be maintained in a raised with the progress of the work. safe and secure condition. Any compo- Ledgers shall be level and shall be se- nent of the scaffold which is broken, curely nailed or bolted to each pole and

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shall be placed against the inside face (2) The minimum dimensions of the of each pole. side rails of the trestle ladder, or the (5) All bearers shall be set with their base sections of the extension trestle greater dimension vertical and shall ladder, shall be as follows: extend beyond the ledgers upon which (i) Ladders up to and including those they rest. 16 feet long shall have side rails of not (6) Diagonal bracing shall be provided less than 15⁄16 × 23⁄4 inch lumber. between the parallel poles, and cross (ii) Ladders over 16 feet long and up bracing shall be provided between the to and including those 20 feet long inner and outer poles or from the outer shall have side rails of not less than poles to the ground. 15⁄16 × 3 inch lumber. (7) Minimum dimensions and spacing (3) The side rails of the extension sec- of members shall be in accordance with tion of the extension trestle ladder Table E–1 in § 1915.118. shall be parallel and shall have min- (8) Platform planking shall be in ac- imum dimensions as follows: cordance with the requirements of (i) Ladders up to and including 12 feet paragraph (i) of this section. long shall have side rails of not less (9) Backrails and toeboards shall be than 15⁄16 × 21⁄4 inch lumber. in accordance with the requirements of paragraph (j) of this section. (ii) Ladders over 12 feet long and up to and including those 16 feet long (d) Independent pole metal scaffolds. (1) Metal scaffold members shall be main- shall have side rails of not less than 5 × 1 tained in good repair and free of corro- 1 ⁄16 2 ⁄2 inch lumber. sion. (iii) Ladders over 16 feet long and up (2) All vertical and horizontal mem- to and including those 20 feet long bers shall be fastened together with a shall have side rails of not less than 5 × 3 coupler or locking device which will 1 ⁄16 2 ⁄4 inch lumber. form a positive connection. The lock- (4) Trestle ladders and base sections ing device shall be of a type which has of extension trestle ladders shall be so no loose parts. spread that when in an open position (3) Posts shall be kept plumb during the spread of the trestle at the bottom, erection and the scaffold shall be sub- inside to inside, shall be not less than sequently kept plumb and rigid by 51⁄2 inches per foot of the length of the means of adequate bracing. ladder. (4) Posts shall be fitted with bases (5) The width between the side rails supported on a firm foundation to dis- at the bottom of the trestle ladder or tribute the load. When wooden sills are of the base section of the extension used, the bases shall be fastened there- trestle ladder shall be not less than 21 to. inches for all ladders and sections 6 (5) Bearers shall be located at each feet or less in length. For longer set of posts, at each level, and at each lengths of ladder, the width shall be in- intermediate level where working plat- creased at least 1 inch for each addi- forms are installed. tional foot of length. The width be- (6) Tubular bracing shall be applied tween the side rails of the extension both lengthwise and crosswise as re- section of the trestle ladder shall be quired. not less than 12 inches. (7) Platform planking shall be in ac- (6) In order to limit spreading, the cordance with the requirements of top ends of the side rails of both the paragraph (h) of this section. trestle ladder and of the base section of (8) Backrails and toeboards shall be the extension trestle ladder shall be in accordance with the requirements of beveled, or of equivalent construction, paragraph (j) of this section. and shall be provided with a metal (e) Wood trestle and extension trestle hinge. ladders. (1) The use of trestle ladders, (7) A metal spreader or locking de- or extension sections or base sections vice to hold the front and back sections of extension trestle ladders longer than in an open position, and to hold the ex- 20 feet is prohibited. The total height tension section securely in the elevated of base and extension may, however, be position, shall be a component of each more than 20 feet. trestle ladder or extension ladder.

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(8) Rungs shall be parallel and level. swinging scaffold built to the min- On the trestle ladder, or on the base imum specifications contained in this section of the extension trestle ladder, paragraph. Where heavier construction rungs shall be spaced not less than 8 is used, the number of persons per- inches nor more than 18 inches apart; mitted to work on the scaffold shall be on the extension section of the exten- determined by the size and the safe sion trestle ladder, rungs shall be working load of the scaffold. spaced not less than 6 inches nor more (9) Backrails and toeboards shall be than 12 inches apart. in accordance with the requirements of (9) Platform planking shall be in ac- paragraph (j) of this section. cordance with the requirements of (10) The swinging scaffold platform paragraph (i) of this section, except shall be one of the three types de- that the width of the platform plank- scribed in paragraphs (f)(11), (12), and ing shall not exceed the distance be- (13) of this section. tween the side rails. (11) The ladder-type platform con- (10) Backrails and toeboards shall be sists of boards upon a horizontal lad- in accordance with the requirements of der-like structure, referred to herein as paragraph (j) of this section. the ladder, the side rails of which are (f) Painters’ suspended scaffolds. (1) parallel. If this type of platform is used The supporting hooks of swinging scaf- the following requirements shall be folds shall be constructed to be equiva- met. lent in strength to mild steel or (i) The width between the side rails wrought iron, shall be forged with care, shall be no more than 20 inches. 7 shall be not less than ⁄8 inch in diame- (ii) The side rails of ladders in ladder- ter, and shall be secured to a safe an- type platforms shall be equivalent in chorage at all times. strength to a beam of clear straight- (2) The ropes supporting a swinging grained spruce of the dimensions con- scaffold shall be equivalent in strength tained in Table E–2 in § 1915.118. to first-grade 3⁄4 inch diameter manila (iii) The side rails shall be tied to- rope properly rigged into a set of gether with tie rods. The tie rods shall standard 6 inch blocks consisting of at be not less than 5⁄16 inch in diameter, least one double and one single block. located no more than 5 feet apart, pass (3) Manila and wire ropes shall be through the rails, and be riveted up carefully examined before each oper- tight against washers at both ends. ation and thereafter as frequently as (iv) The rungs shall be of straight- may be necessary to ensure their safe grained oak, ash, or hickory, not less condition. than 11⁄8 inches diameter, with 7⁄8 inch (4) Each end of the scaffold platform tenons mortised into the side rails not shall be supported by a wrought iron or less than 7⁄8 inch and shall be spaced no mild steel stirrup or hanger, which in more than 18 inches on centers. turn is supported by the suspension ropes. (v) Flooring strips shall be spaced no 5 (5) Stirrups shall be constructed so as more than ⁄8 inch apart except at the to be equivalent in strength to wrought side rails, where 1 inch spacing is permissible. iron 3⁄4 inch in diameter. (6) The stirrups shall be formed with (vi) Flooring strips shall be cleated a horizontal bottom member to support on their undersides. the platform, shall be provided with (12) The plank-type platform consists means to support the guardrail and of planks supported on the stirrups or midrail and shall have a loop or eye at hangers. If this type of platform is the top for securing the supporting used, the following requirements shall hook on the block. be met: (7) Two or more swinging scaffolds (i) The planks of plank-type plat- shall not at any time be combined into forms shall be of not less than 2 × 10 one by bridging the distance between inch lumber. them with planks or any other form of (ii) The platform shall be no more platform. than 24 inches in width. (8) No more than two persons shall be (iii) The planks shall be tied together permitted to work at one time on a by cleats of not less than 1 × 6 inch

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lumber, nailed on their undersides at strength, rigidity and security required intervals of not more than 4 feet. of horses constructed of lumber. (iv) The planks shall extend not less (3) The lateral spread of the legs shall than 6 inches nor more than 18 inches be equal to not less than one-third of beyond the supporting stirrups. the height of the horse. (v) A cleat shall be nailed across the (4) All horses shall be kept in good platform on the underside at each end repair, and shall be properly secured outside the stirrup to prevent the plat- when used in staging or in locations form from slipping off the stirrup. where they may be insecure. (vi) Stirrup supports shall be not (5) Platform planking shall be in ac- more than 10 feet apart. cordance with the requirements of (13) The beam-type platform consists paragraph (i) of this section. of longitudinal side stringers with (6) Backrails and toeboards shall be cross beams set on edge and spaced not in accordance with paragraph (j) of this more than 4 feet apart on which longi- section. tudinal platform planks are laid. If this (h) Other types of scaffolds. (1) Scaf- type platform is used, the following re- folds of a type for which specifications quirements shall be met: are not contained in this section shall (i) The side stringers shall be of meet the general requirements of para- sound, straight-grained lumber, free graphs (b), (i), and (j) of this section, from knots, and of not less than 2 × 6 shall be in accordance with recognized inch lumber, set on edge. principles of design and shall be constructed in accordance with accepted (ii) The stringers shall be supported standards covering such equipment. on the stirrups with a clear span be- (i) Scaffold or platform planking. (1) tween stirrups of not more than 16 feet. Except as otherwise provided in para- (iii) The stringers shall be bolted to graphs (f)(11) and (13) of this section, the stirrups by U-bolts passing around platform planking shall be of not less the stirrups and bolted through the than 2 × 10 inch lumber. Platform stringers with nuts drawn up tight on planking shall be straight-grained and the inside face. free from large or loose knots and may (iv) The ends of the stringers shall be either rough or dressed. extend beyond the stirrups not less (2) Platforms of staging shall be not than 6 inches nor more than 12 inches less than two 10 inch planks in width at each end of the platform. except in such cases as the structure of (v) The platform shall be supported the vessel or the width of the trestle × on cross beams of 2 6 inch lumber be- ladders make it impossible to provide tween the side stringers securely nailed such a width. thereto and spaced not more than 4 (3) Platform planking shall project feet on centers. beyond the supporting members at ei- (vi) The platform shall be not more ther end by at least 6 inches but in no than 24 inches wide. case shall project more than 12 inches (vii) The platform shall be formed of unless the planks are fastened to the boards 7⁄8 inch in thickness by not less supporting members. than 6 inches in width, nailed tightly (4) Table E–4 in § 1915.118 shall be used together, and extending to the outside as a guide in determining safe loads for face of the stringers. scaffold planks. (viii) The ends of all platform boards (j) Backrails and toeboards. (1) Scaf- shall rest on the top of the cross folding, staging, runways, or working beams, shall be securely nailed, and at platforms which are supported or sus- no intermediate points in the length of pended more than 5 feet above a solid the platform shall there be any canti- surface, or at any distance above the lever ends. water, shall be provided with a railing (g) Horse scaffolds. (1) The minimum which has a top rail whose upper sur- dimensions of lumber used in the con- face is from 42 to 45 inches above the struction of horses shall be in accord- upper surface of the staging, platform, ance with Table E–3 in § 1915.118. or runway and a midrail located half- (2) Horses constructed of materials way between the upper rail and the other than lumber shall provide the staging, platform, or runway.

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(2) Rails shall be of 2 × 4 inch lumber, der properly secured, meeting the re- flat bar or pipe. When used with rigid quirements of § 1915.74(d). supports, taut wire or fiber rope of ade- [47 FR 16986, Apr. 20, 1982, as amended at 67 quate strength may be used. If the dis- FR 44542, July 3, 2002] tance between supports is more than 8 feet, rails shall be equivalent in § 1915.72 Ladders. strength to 2 × 4 inch lumber. Rails The provisions of this section shall shall be firmly secured. Where exposed apply to ship repairing, shipbuilding to hot work or chemicals, fiber rope and shipbreaking. rails shall not be used. (a) General requirements. (1) The use of (3) Rails may be omitted where the ladders with broken or missing rungs structure of the vessel prevents their or steps, broken or split side rails, or use. When rails are omitted, employees other faulty or defective construction working more than 5 feet above solid is prohibited. When ladders with such surfaces shall be protected by safety defects are discovered, they shall be belts and life lines meeting the require- immediately withdrawn from service. ments of §§ 1915.159 and 1915.160, and Inspection of metal ladders shall in- employees working over water shall be clude checking for corrosion of inte- riors of open end, hollow rungs. protected by buoyant work vests meet- (2) When sections of ladders are ing the requirements of § 1915.158(a). spliced, the ends shall be abutted, and (4) Employees working from swinging not fewer than 2 cleats shall be se- scaffolds which are triced out of a curely nailed or bolted to each rail. vertical line below their supports or The combined cross sectional area of from scaffolds on paint floats subject the cleats shall be not less than the to surging, shall be protected against cross sectional area of the side rail. falling toward the vessel by a railing or The dimensions of side rails for their a safety belt and line attached to the total length shall be those specified in backrail. paragraph (b) or (c) of this section. (5) When necessary, to prevent tools (3) Portable ladders shall be lashed, and materials from falling on men blocked or otherwise secured to pre- below, toeboards of not less than 1 × 4 vent their being displaced. The side inch lumber shall be provided. rails of ladders used for access to any (k) Access to staging. (1) Access from level shall extend not less than 36 below to staging more than 5 feet inches above that level. When this is above a floor, deck or the ground shall not practical, grab rails which will pro- consist of well secured stairways, vide a secure grip for an employee cleated ramps, fixed or portable ladders moving to or from the point of access meeting the applicable requirements of shall be installed. § 1915.72 or rigid type non-collapsible (4) Portable metal ladders shall be of trestles with parallel and level rungs. strength equivalent to that of wood (2) Ramps and stairways shall be pro- ladders. Manufactured portable metal vided with 36-inch handrails with ladders provided by the employer shall midrails. be in accordance with the provisions of ANSI Standard A14.2–1972: Safety Re- (3) Ladders shall be so located or quirements for Portable Metal Ladders other means shall be taken so that it is (incorporated by reference, see § 1915.5). not necessary for employees to step (5) Portable metal ladders shall not more than one foot from the ladder to be used near electrical conductors nor any intermediate landing or platform. for electric arc welding operations. (4) Ladders forming integral parts of (6) Manufactured portable wood lad- prefabricated staging are deemed to ders provided by the employer shall be meet the requirements of these regula- in accordance with the provisions of tions. ANSI Standard A14.1–1975: Safety Re- (5) Access from above to staging quirements for Portable Wood Ladders more than 3 feet below the point of ac- (incorporated by reference, see § 1915.5). cess shall consist of a straight, port- (b) Construction of portable wood able ladder meeting the applicable re- cleated ladders up to 30 feet in length. (1) quirements of § 1915.72 or a Jacob’s lad- Wood side rails shall be made from

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West Coast hemlock, Eastern spruce, (ii) Cleats shall be of not less than 1 Sitka spruce, or wood of equivalent × 4 inch lumber. strength. Material shall be seasoned, (iii) Cleats shall be nailed to each straight-grained wood, and free from rail with five 10d common wire nails or shakes, checks, decay or other defects fastened with through bolts or other which will impair its strength. The use fasteners of equivalent strength. of low density woods is prohibited. [47 FR 16986, Apr. 20, 1982, as amended at 67 (2) Side rails shall be dressed on all FR 44542, July 3, 2002] sides and kept free of splinters. (3) All knots shall be sound and hard. § 1915.73 Guarding of deck openings The use of material containing loose and edges. knots is prohibited. Knots shall not ap- (a) The provisions of this section pear on the narrow face of the rail and, shall apply to ship repairing and ship- when in the side face, shall be not more building operations and shall not apply than 1⁄2 inch in diameter or within 1⁄2 to shipbreaking. inch of the edge of the rail or nearer (b) When employees are working in than 3 inches to a tread or rung. the vicinity of flush manholes and (4) Pitch pockets not exceeding 1⁄8 other small openings of comparable inch in width, 2 inches in length and 1⁄2 size in the deck and other working sur- inch in depth are permissible in wood faces, such openings shall be suitably side rails, provided that not more than covered or guarded to a height of not one such pocket appears in each 4 feet less than 30 inches, except where the of length. use of such guards is made impracti- (5) The width between side rails at cable by the work actually in progress. the base shall be not less than 111⁄2 (c) When employees are working inches for ladders 10 feet or less in around open hatches not protected by length. For longer ladders this width coamings to a height of 24 inches or shall be increased at least 1⁄4 inch for around other large openings, the edge each additional 2 feet in length. of the opening shall be guarded in the (6) Side rails shall be at least 15⁄8 × 35⁄8 working area to height of 36 to 42 inches in cross section. inches, except where the use of such (7) Cleats (meaning rungs rectangular guards is made impracticable by the in cross section with the wide dimen- work actually in progress. sion parallel to the rails) shall be of (d) When employees are exposed to the material used for side rails, unguarded edges of decks, platforms, straight-grained and free from knots. flats, and similar flat surfaces, more Cleats shall be mortised into the edges than 5 feet above a solid surface, the of the side rails 1⁄2 inch, or filler blocks edges shall be guarded by adequate shall be used on the rails between the guardrails meeting the requirements of cleats. The cleats shall be secured to § 1915.71(j) (1) and (2), unless the nature each rail with three 10d common wire of the work in progress or the physical nails or fastened with through bolts or conditions prohibit the use or installa- other fasteners of equivalent strength. tion of such guardrails. Cleats shall be uniformly spaced not (e) When employees are working near more than 12 inches apart. the unguarded edges of decks of vessels (8) Cleats 20 inches or less in length afloat, they shall be protected by per- shall be at least 25/32 × 3 inches in cross sonal flotation devices, meeting the re- section. Cleats over 20 inches but not quirements of § 1915.158(a). more than 30 inches in length shall be (f) Sections of bilges from which floor at least 25/32 × 33⁄4 inches in cross sec- plates or gratings have been removed tion. shall be guarded by guardrails except (c) Construction of portable wood where they would interfere with work cleated ladders from 30 to 60 feet in in progress. If these open sections are length. (1) Ladders from 30 to 60 feet in in a walkway at least two 10-inch length shall be in accordance with the planks placed side by side, or equiva- specifications of paragraph (b) of this lent, shall be laid across the opening to section with the following exceptions: provide a safe walking surface. (i) Rails shall be of not less than 2 × (g) Gratings, walkways, and cat- 6 inch lumber. walks, from which sections or ladders

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have been removed, shall be barricaded (7) If the foot of the gangway is more with adequate guardrails. than one foot away from the edge of [47 FR 16986, Apr. 20, 1982, as amended at 67 the apron, the space between them FR 44542, July 3, 2002] shall be bridged by a firm walkway equipped with railings, with a min- § 1915.74 Access to vessels. imum height of approximately 33 (a) Access to vessels afloat. The em- inches with midrails on both sides. ployer shall not permit employees to (8) Supporting bridles shall be kept board or leave any vessel, except a clear so as to permit unobstructed pas- barge or river towboat, until the fol- sage for employees using the gangway. lowing requirements have been met: (9) When the upper end of the means (1) Whenever practicable, a gangway of access rests on or flush with the top of not less than 20 inches walking sur- of the bulwark, substantial steps prop- face of adequate strength, maintained erly secured and equipped with at least in safe repair and safely secured shall one substantial handrail approximately be used. If a gangway is not prac- 33 inches in height shall be provided be- ticable, a substantial straight ladder, tween the top of the bulwark and the extending at least 36 inches above the deck. upper landing surface and adequately (10) Obstructions shall not be laid on secured against shifting or slipping or across the gangway. shall be provided. When conditions are (11) The means of access shall be ade- such that neither a gangway nor a quately illuminated for its full length. straight ladder can be used, a Jacob’s (12) Unless the construction of the ladder meeting the requirements of vessel makes it impossible, the means paragraphs (d) (1) and (2) of this section of access shall be so located that drafts may be used. (2) Each side of such gangway, and of cargo do not pass over it. In any the turn table if used, shall have a rail- event, loads shall not be passed over ing with a minimum height of approxi- the means of access while employees mately 33 inches measured perpendicu- are on it. larly from rail to walking surface at (b) Access to vessels in drydock or be- the stanchion, with a midrail. Rails tween vessels. Gangways meeting the re- shall be of wood, pipe, chain, wire or quirements of paragraphs (a) (1), (2), rope and shall be kept taut at all (9), (10), (11) of this section shall be pro- times. vided for access from wingwall to ves- (3) Gangways on vessels inspected sel or, when two or more vessels, other and certificated by the U.S. Coast than barges or river towboats, are Guard are deemed to meet the fore- lying abreast, from one vessel to an- going requirements, except in cases other. where the vessel’s regular gangway is (c) Access to barges and river towboats. not being used. (1) Ramps for access of vehicles to or (4) The gangway shall be kept prop- between barges shall be of adequate erly trimmed at all times. strength, provided with side boards, (5) When a fixed tread accommoda- well maintained and properly secured. tions ladder is used, and the angle is (2) Unless employees can step safely low enough to require employees to to or from the wharf, float, barge, or walk on the edge of the treads, cleated river towboat, either a ramp meeting duckboards shall be laid over and se- the requirements of paragraph (c)(1) of cured to the ladder. this section or a safe walkway meeting (6) When the lower end of a gangway the requirements of paragraph (a)(7) of overhangs the water between the ship this section shall be provided. When a and the dock in such a manner that walkway is impracticable, a substan- there is danger of employees falling be- tial straight ladder, extending at least tween the ship and the dock, a net or 36 inches above the upper landing sur- other suitable protection shall be face and adequately secured against rigged at the foot of the gangway in shifting or slipping, shall be provided. such a manner as to prevent employees When conditions are such that neither from falling from the end of the gang- a walkway nor a straight ladder can be way. used, a Jacob’s ladder in accordance

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with the requirements of paragraph (d) stanchions and 42 inch railings with a of this section may be used. midrail. When such a railing would be (3) The means of access shall be in ac- impracticable or ineffective, other ef- cordance with the requirements of fective means shall be provided to pre- paragraphs (a) (9), (10), and (11) of this vent employees from falling into the section. water. (d) Jacob’s ladders. (1) Jacob’s ladders (f) Access to wing walls from floors of shall be of the double rung or flat tread dry docks shall be by ramps, perma- type. They shall be well maintained nent stairways or ladders meeting the and properly secured. applicable requirements of § 1915.72. (2) A Jacob’s ladder shall either hang (g) Catwalks on stiles of marine rail- without slack from its lashings or be ways shall be no less than 20 inches pulled up entirely. wide and shall have on at least one side [47 FR 16986, Apr. 20, 1982, as amended at 67 a guardrail and midrail meeting the re- FR 44542, July 3, 2002] quirements of § 1915.71(j) (1) and (2). [47 FR 16986, Apr. 20, 1982, as amended at 67 § 1915.75 Access to and guarding of FR 44542, July 3, 2002] dry docks and marine railways. The provisions of this section shall § 1915.76 Access to cargo spaces and apply to ship repairing, shipbuilding confined spaces. and shipbreaking. The provisions of this section apply (a) A gangway, ramp or permanent to ship repairing, shipbuilding and stairway of not less than 20 inches shipbreaking except that paragraph walking surface, of adequate strength, (a)(4) of this section applies to ship re- maintained in safe repair and securely pairing only. fastened, shall be provided between a (a) Cargo spaces. (1) There shall be at floating dry dock and the pier or bulk- least one safe and accessible ladder in head. any cargo space which employees must (b) Each side of such gangway, ramp enter. or permanent stairway, including those (2) When any fixed ladder is visibly which are used for access to wing walls unsafe, the employer shall prohibit its from dry dock floors, shall have a rail- use by employees. ing with a midrail. Such railings on (3) Straight ladders of adequate gangways or ramps shall be approxi- strength and suitably secured against mately 42 inches in height; and railings shifting or slipping shall be provided as on permanent stairways shall be not necessary when fixed ladders in cargo less than approximately 30 or more spaces do not meet the requirements of than approximately 34 inches in height. paragraph (a)(1) of this section. When Rails shall be of wood, pipe, chain, conditions are such that a straight lad- wire, or rope, and shall be kept taut at der cannot be used, a Jacob’s ladder all times. meeting the requirements of § 1915.74(d) (c) Railings meeting the require- may be used. ments of paragraph (b) of this section (4) When cargo is stowed within 4 shall be provided on the means of ac- inches of the back of ladder rungs, the cess to and from the floors of graving ladder shall be deemed ‘‘unsafe’’ for the docks. purpose of this section. (d) Railings approximately 42 inches (5) Fixed ladders or straight ladders in height, with a midrail, shall be pro- provided for access to cargo spaces vided on the edges of wing walls of shall not be used at the same time that floating dry docks and on edges of cargo drafts, equipment, materials, graving docks. Sections of the railings scrap or other loads are entering or may be temporarily removed where leaving the hold. Before using these necessary to permit line handling while ladders to enter or leave the hold, the a vessel is entering or leaving the dock. employee shall be required to inform (e) When employees are working on the winchman or crane signalman of the floor of a floating dry dock where his intention. they are exposed to the hazard of fall- (b) Confined spaces. (1) More than one ing into the water, the end of the dry means of access shall be provided to a dock shall be equipped with portable confined space in which employees are

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working and in which the work may personal flotation devices meeting the generate a hazardous atmosphere in requirements of § 1915.158(a). the space except where the structure or [47 FR 16986, Apr. 20, 1982, as amended at 67 arrangement of the vessel makes this FR 44543, July 3, 2002] provision impractical. (2) When the ventilation ducts required by these regulations must pass Subpart F—General Working through these means of access, the Conditions ducts shall be of such a type and so arranged as to permit free passage of an SOURCE: 76 FR 24698, May 2, 2011., unless employee through at least two of these otherwise noted. means of access. § 1915.80 Scope, application, defini- § 1915.77 Working surfaces. tions, and effective dates. (a) Paragraphs (b) through (d) of this (a) The provisions of this subpart section shall apply to ship repairing apply to general working conditions in and shipbuilding operations, and shall shipyard employment, including work not apply to shipbreaking. Paragraph on vessels, on vessel sections, and at (e) of this section shall apply to ship- landside operations, regardless of geo- building, ship repairing and graphic location. shipbreaking operations. (b) Definitions applicable to this sub- (b) When firebox floors present trip- part. (1) Additional safety measure. A ping hazards of exposed tubing or of component of the tags-plus system missing or removed refractory, suffi- that provides an impediment (in addi- cient planking to afford safe footing tion to the energy-isolating device) to shall be laid while work is being car- the release of energy or the ried on within the boiler. energization or startup of the machin- (c) When employees are working ery, equipment, or system being serv- aloft, or elsewhere at elevations more iced. Examples of additional safety than 5 feet above a solid surface, either measures include, but are not limited scaffolds or a sloping ladder, meeting to, removing an isolating circuit ele- the requirements of this subpart, shall ment; blocking a controlling switch; be used to afford safe footing, or the blocking, blanking, or bleeding lines; employees shall be protected by safety removing a valve handle or wiring it in belts and lifelines meeting the require- place; opening an extra disconnecting ments of §§ 1915.159 and 1915.160. Em- device. ployees visually restricted by blasting (2) Affected employee. An employee hoods, welding helmets, and burning who normally operates or uses the ma- goggles shall work from scaffolds, not chinery, equipment, or system that is from ladders, except for the initial and going to be serviced under lockout/ final welding or burning operation to tags-plus or who is working in the area start or complete a job, such as the where servicing is being performed erection and dismantling of hung scaf- under lockout/tags-plus. An affected folding, or other similar, nonrepetitive employee becomes an authorized em- jobs of brief duration. ployee when the employer assigns the (d) For work performed in restricted employee to service any machine, quarters, such as behind boilers and in equipment, or system under a lockout/ between congested machinery units tags-plus application. and piping, work platforms at least 20 (3) Authorized employee. (i) An em- inches wide meeting the requirements ployee who performs one or more of the of § 1915.71(i)(1) shall be used. Backrails following lockout/tags-plus responsibil- may be omitted if bulkheading, boilers, ities: machinery units, or piping afford prop- (A) Executes the lockout/tags-plus er protection against falling. procedures; (e) When employees are boarding, (B) Installs a lock or tags-plus sys- leaving, or working from small boats tem on machinery, equipment, or sys- or floats, they shall be protected by tems; or

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(C) Services any machine, equipment, ample, high or low temperature) ener- or system under lockout/tags-plus ap- gies, that could cause injury to em- plication. ployees. (ii) An affected employee becomes an (9) Hazardous substances. A substance authorized employee when the em- that may cause injury, illness, or dis- ployer assigns the employee to service ease, or otherwise harm an employee any machine, equipment, or system by reason of being explosive, flam- under a lockout/tags-plus application. mable, poisonous, corrosive, oxidizing, (4) Capable of being locked out. An en- irritating, or otherwise harmful. ergy-isolating device is capable of (10) Health care professional. A physi- being locked out if it has a locking cian or any other healthcare profes- mechanism built into it, or it has a sional whose legally permitted scope of hasp or other means of attachment to practice allows the provider to inde- which, or through which, a lock can be pendently provide, or be delegated the affixed. Other energy-isolating devices responsibility to provide, some or all of are capable of being locked out if lock- the advice or consultation this subpart out can be achieved without the need requires. to dismantle, rebuild, or replace the (11) Host employer. An employer that energy-isolating device or permanently is in charge of coordinating shipyard- alter its energy-control capability. related work, or that hires other em- (5) Contract employer. An employer, ployers to perform shipyard-related such as a painting, joinery, carpentry, work or to provide shipyard-related or scaffolding subcontractor, that per- services, at a multi-employer worksite. forms shipyard-related services or work under contract to the host em- (12) Isolated location. An area in which ployer or to another employer under employees are working alone or with contract to the host employer at the little assistance from others due to the host employer’s worksite. This ex- type, time, or location of their work. cludes employers who provide services Such locations include remote loca- that are not directly related to ship- tions or other work areas where em- yard employment, such as mail deliv- ployees are not in close proximity to ery, office supply, and food vending others. services. (13) Lock. A device that utilizes a (6) Dummy load. A device used in positive means, either a key or com- place of an antenna to aid in the test- bination lock, to hold an energy-iso- ing of a radio transmitter that con- lating device in a ‘‘safe’’ position that verts transmitted energy into heat to prevents the release of energy and the minimize energy radiating outward or startup or energization of the machin- reflecting back to its source during ery, equipment, or system to be serv- testing. iced. (7) Energy-isolating device. A mechan- (14) Lockout. The placement of a lock ical device that, when utilized or action an energy-isolating device in ac- vated, physically prevents the release cordance with an established proce- or transmission of energy. Energy-iso- dure, thereby ensuring that the energy- lating devices include, but are not lim- isolating device and the equipment ited to, manually operated electrical being controlled cannot be operated circuit breakers; disconnect switches; until the lock is removed. line valves; blocks; and any similar de- (15) Lockout/tags-plus coordinator. An vice used to block or isolate energy. employee whom the employer des- Control-circuit devices (for example, ignates to coordinate and oversee all push buttons, selector switches) are lockout and tags-plus applications on not considered energy-isolating de- vessels or vessel sections and at vices. landside work areas when employees (8) Hazardous energy. Any energy are performing multiple servicing oper- source, including mechanical (for ex- ations on the same machinery, equip- ample, power transmission apparatus, ment, or systems at the same time, and counterbalances, springs, pressure, when employees are servicing multiple gravity), pneumatic, hydraulic, elec- machinery, equipment, or systems on trical, chemical, and thermal (for ex- the same vessel or vessel section at the

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same time. The lockout/tags-plus coor- U.S. Environmental Protection Agen- dinator also maintains the lockout/ cy’s National Primary Water Regula- tags-plus log. tions (40 CFR part 141). (16) Lockout/tags-plus materials and (23) Readily accessible/available. Capa- hardware. Locks, chains, wedges, ble of being reached quickly enough to blanks, key blocks, adapter pins, self- ensure, for example, that emergency locking fasteners, or other hardware medical services and first aid interven- used for isolating, blocking, or secur- tion are appropriate or that employees ing machinery, equipment, or systems can reach sanitation facilities in time to prevent the release of energy or the to meet their health and personal startup or energization of machinery, needs. equipment, or systems to be serviced. (24) Sanitation facilities. Facilities, in- (17) Motor vehicle. Any motor-driven cluding supplies, maintained for em- vehicle operated by an employee that ployee personal and health needs such is used to transport employees, mate- as potable drinking water, toilet facili- rial, or property. For the purposes of ties, hand-washing and -drying facili- this subpart, motor vehicles include ties, showers (including quick-drench- passenger cars, light trucks, vans, mo- ing or flushing) and changing rooms, torcycles, all-terrain vehicles, small eating and drinking areas, first aid sta- utility trucks, powered industrial tions, and on-site medical-service trucks, and other similar vehicles. areas. Sanitation supplies include soap, Motor vehicles do not include boats, or waterless cleaning agents, single-use vehicles operated exclusively on a rail drinking cups, drinking water con- or rails. tainers, toilet paper, and towels. (18) Motor vehicle safety equipment. (25) Serviceable condition. The state or Systems and devices integral to or in- ability of supplies or goods, or of a stalled on a motor vehicle for the pur- tool, machine, vehicle, or other device, pose of effecting the safe operation of to be used or to operate in the manner the vehicle, and consisting of such sys- prescribed by the manufacturer. tems or devices as safety belts, airbags, (26) Servicing. Workplace activities headlights, tail lights, emergency/haz- that involve the construction, installa- ard lights, windshield wipers, defogging tion, adjustment, inspection, modifica- or defrosting devices, brakes, horns, tion, testing, or repair of machinery, mirrors, windshields and other win- equipment, or systems. Servicing also dows, and locks. includes maintaining machines, equip- (19) Navy ship’s force. The crew of a ment, or systems when performing vessel that is owned or operated by the these activities would expose the em- U.S. Navy, other than a time- or voy- ployee to harm from the start-up or age-chartered vessel, that is under the energization of the system being serv- control of a Commanding Officer or iced, or the release of hazardous en- Master. ergy. (20) Normal production operations. The (27) Sewered toilet. A fixture main- use of machinery or equipment, includ- tained for the purpose of urination and ing, but not limited to, punch presses, defecation that is connected to a sani- bending presses, shears, lathes, keel tary sewer, septic tank, holding tank press rollers, and automated burning (bilge), or on-site sewage-disposal machines, to perform a shipyard-em- treatment facility, and that is flushed ployment production process. with water. (21) Portable toilet. A non-sewered (28) Shield. To install a covering, pro- portable facility for collecting and con- tective layer, or other effective meas- taining urine and feces. A portable toi- ure on or around steam hoses or tem- let may be either flushable or non- porary steam-piping systems, including flushable. For purposes of this section, metal fittings and couplings, to protect portable toilets do not include privies. employees from contacting hot sur- (22) Potable water. Water that meets faces or elements. the standards for drinking purposes of (29) Short bight. A loop created in a the state or local authority having ju- line or rope that is used to tie back or risdiction, or water that meets the fasten objects such as hoses, wiring, quality standards prescribed by the and fittings.

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(30) Tag. A prominent warning device EFFECTIVE DATE NOTE: At 84 FR 21555, May that includes a means of attachment 14, 2019, § 1915.80 was amended by revising that can be securely fastened to an en- paragraph (b)(33), effective July 15, 2019. For ergy-isolating device in accordance the convenience of the user, the revised text is set forth as follows: with an established procedure to indicate that the energy-isolating device § 1915.80 Scope, application, definitions, and and the equipment being controlled effective dates. must not be operated until the tag is removed by an authorized employee. * * * * * (31) Tags-plus system. A system to (b) * * * control hazardous energy that consists (33) Vermin. Insects, birds, rodents and of an energy-isolating device with a tag other animals that may create safety and affixed to it, and at least one addi- health hazards for employees. tional safety measure. (32) Verification of isolation. The * * * * * means necessary to detect the presence of hazardous energy, which may in- § 1915.81 Housekeeping. volve the use of a test instrument (for example, a voltmeter), and, for other (a) General requirements. (1) The em- than electric shock protection, a visual ployer shall establish and maintain inspection, or a deliberate attempt to good housekeeping practices to elimi- start-up the machinery, equipment, or nate hazards to employees to the ex- system. tent practicable. (33) Vermin. Insects, birds, and other (2) The employer shall eliminate slip- animals, such as rodents and feral cats, pery conditions, such as snow and ice, that may create safety and health haz- on walkways and working surfaces as ards for employees. necessary. If it is not practicable for (34) Vessel section. A subassembly, the employer to remove slippery condi- module, or other component of a vessel tions, the employer either shall: being built or repaired. (i) Restrict employees to designated (35) Walkway. Any surface, whether walkways and working surfaces where vertical, slanted, or horizontal, on the employer has eliminated slippery which employees walk, including areas conditions; or that employees pass through, to per- (ii) Provide slip-resistant footwear in form their job tasks. Walkways in- accordance with 29 CFR part 1915, sub- clude, but are not limited to, access part I. ways, designated walkways, aisles, (3) The employer shall store mate- exits, gangways, ladders, ramps, stairs, rials in a manner that does not create steps, passageways, and scaffolding. If a hazard for employees. an area is, or could be, used to gain ac- (4) The employer shall maintain easy cess to other locations, it is to be con- and open access to each fire-alarm box, sidered a walkway. fire-call station, fire-fighting equip- (36) Work area. A specific area, such ment, and each exit, including ladders, as a machine shop, engineering space, staircases, scaffolds, and gangways. or fabrication area, where one or more (5) The employer shall dispose of employees are performing job tasks. flammable and combustible substances, (37) Working surface. Any surface such as paint thinners, solvents, rags, where work is occurring, or areas scrap, and waste, or store them in cov- where tools, materials, and equipment ered fire-resistant containers at the are being staged for performing work. end of each workshift or when the job (38) Worksite. A general work location is completed, whichever occurs first. where one or more employees are per- (b) Walkways. (1) In addition to the forming work, such as a shipyard, pier, requirements in paragraph (a), the em- barge, vessel, or vessel section. ployer also shall ensure that each (c) Effective dates. This final rule be- walkway: comes effective and enforceable on Au- (i) Provides adequate passage; gust 1, 2011, except for the provisions in (ii) Is clear of debris, including solid § 1915.89, which become effective and and liquid wastes, that may create a enforceable on October 31, 2011. hazard for employees;

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(iii) Is clear of tools, materials, (1) Is cleared of tools, materials, and equipment, and other objects that may equipment that are not necessary to create a hazard for employees; and perform the job in progress; (iv) Is clear of hoses and electrical (2) Is cleared of debris, including service cords. The employer shall: solid and liquid wastes, at the end of (A) Place each hose and cord above each workshift or job, whichever oc- walkways in a location that will pre- curs first; vent injury to employees and damage (3) Is maintained, so far as practicable, in a dry condition. When a wet to the hoses and cords; process is used, the employer shall (B) Place each hose and cord under- maintain drainage and provide false neath walkways; floors, platforms, mats, or other dry (C) Place each hose and cord on walk- standing places. When the employer ways, provided the hoses and cords are demonstrates that this procedure is covered by crossovers or other means not practicable, the employer shall that will prevent injury to employees provide each employee working in the and damage to the hoses and cords; or wet process with protective footgear, (D) Protect each hose and cord by in accordance with 29 CFR part 1915, other suitable means. subpart I. (2) While a walkway or part of a walkway is being used as a working § 1915.82 Lighting. surface, the employer shall cordon off (a) General Requirements. (1) The em- that portion to prevent it from being ployer shall ensure that each work used as a walkway. area and walkway is adequately lighted (c) Working surfaces. In addition to whenever an employee is present. the requirements in paragraph (a), the (2) For landside areas, the employer employer also shall ensure that each shall provide illumination that meets working surface: the levels set forth in Table F–1 to § 1915.82.

TABLE F–1 TO § 1915.82—MINIMUM LIGHTING INTENSITIES IN FOOT-CANDLES

Lumens (foot-candles) Area or operation

3 ...... General areas on vessels and vessel sections such as accessways, exits, gangways, stairs, and walkways. 5 ...... General landside areas such as corridors, exits, stairs, and walkways. 5 ...... All assigned work areas on any vessel or vessel section. 5 ...... Landside tunnels, shafts, vaults, pumping stations, and underground work areas. 10 ...... Landside work areas such as machine shops, electrical equipment rooms, carpenter shops, lofts, tool rooms, warehouses, and outdoor work areas. 10 ...... Changing rooms, showers, sewered toilets, and eating, drinking, and break areas. 30 ...... First aid stations, infirmaries, and offices.

NOTE TO TABLE F–1 TO § 1915.82: The re- (b) Temporary lights. The employer quired illumination levels in this table do shall ensure that temporary lights not apply to emergency or portable lights. meet the following requirements: (3) For vessels and vessel sections, (1) Lights with bulbs that are not the employer shall provide illumina- completely recessed are equipped with tion that meets the levels set forth in guards to prevent accidental contact the table to paragraph (a)(2) or meet with the bulb; ANSI/IESNA RP–7–01 (incorporated by (2) Lights are equipped with electric reference, see 1915.5). cords designed with sufficient capacity (4) When adequate illumination is not to safely carry the electric load; obtainable by permanent lighting (3) Connections and insulation on sources, temporary lighting may be electric cords are maintained in a safe used as supplementation. condition; (5) The employer shall ensure that (4) Lights and lighting stringers are neither matches nor open-flame de- not suspended solely by their electric vices are used for lighting. cords unless they are designed by the

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manufacturer to be suspended in this from an outside source. The employer way; shall obtain a written or oral deter- (5) Lighting stringers do not overload mination from a responsible vessel’s branch circuits; representative, a contractor, or any (6) Branch circuits are equipped with other person who is qualified by train- over-current protection with a capac- ing, knowledge, or experience to make ity that does not exceed the rated cur- such determination that the working rent-carrying capacity of the cord pressure of the vessel’s steam piping used; system is safe. (7) Splices have insulation with a ca- (2) The employer shall ensure that pacity that exceeds that of the original each outside steam supply connected to insulation of the cord; and a vessel’s steam piping system meets (8) Exposed, non-current-carrying the following requirements: metal parts of lights are grounded. The (i) A pressure gauge and a relief valve employer shall ensure that grounding are installed at the point where the is provided either through a third wire temporary steam hose joins the ves- in the cord containing the circuit con- sel’s steam piping system; ductors or through a separate wire that (ii) Each relief valve is set to relieve is grounded at the source of the cur- excess steam at, and is capable of re- rent. Grounding shall be done in ac- lieving steam at, a pressure that does cordance with the requirements of 29 not exceed the safe working pressure of CFR 1910, subpart S. the system in its present condition; (c) Portable lights. (1) In any dark area (iii) There are no means of inadvert- that does not have permanent or tem- ently disconnecting any relief valve porary lights, where lights are not from the system that it protects; working, or where lights are not read- (iv) Each pressure gauge and relief ily accessible, the employer shall pro- valve is legible and located so it is visi- vide portable or emergency lights and ble and readily accessible; and ensure that employees do not enter (v) Each relief valve is positioned so those areas without such lights. it is not likely to cause injury if steam (2) Where the only means of illumina- is released. tion on a vessel or vessel section are (b) Steam hoses. The employer shall from lighting sources that are not part ensure that each steam hose meets the of the vessel or vessel section, the em- following requirements: ployer shall provide portable or emer- (1) The steam hose and its fittings gency lights for the safe movement of are used in accordance with manufac- each employee. If natural sunlight pro- turer’s specifications; vides sufficient illumination, portable (2) Each steam hose is hung tightly or emergency lights are not required. with short bights that prevent chafing (d) Explosion-proof, self-contained and to reduce tension on the hose and lights. The employer shall provide and its fittings; ensure that each employee uses only (3) Each steam hose is protected from explosion-proof, self-contained tem- damage; and porary and portable lights, approved (4) Each steam hose or temporary for hazardous conditions by a nation- steam piping, including metal fittings ally recognized testing laboratory and couplings, that pass through a (NRTL), in any area that the atmos- walking or working area is shielded to phere is determined to contain a con- protect employees from contact. centration of flammable vapors that (c) Electric shore power. When a vessel are at or above 10 percent of the lower is supplied with electric shore power, explosive limit (LEL) as specified in 29 the employer shall take the following CFR part 1915, subparts B and C. precautions prior to energizing any of the vessel’s circuits: § 1915.83 Utilities. (1) Ensure that the vessel is ground- (a) Steam supply system. (1) The em- ed; ployer shall ensure that the vessel’s (2) Equip each circuit to be energized steam piping system, including hoses, with over-current protection that does is designed to safely handle the work- not exceed the rated current-carrying ing pressure prior to supplying steam capacity of the conductors; and

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(3) Ensure that each circuit to be en- distance for the type, model, and power ergized is in a safe condition. The em- of the equipment. ployer must obtain a determination of (d) The employer shall ensure that no the safe condition, either orally or in employee enters an area designated as writing, from a responsible vessel’s rep- hazardous by manufacturers’ specifica- resentative, a contractor, or any other tions while a radar or communication person who is qualified by training, system is capable of emitting radi- knowledge, or experience to make such ation. determination. (e) The requirements of this section (d) Heat lamps. The employer shall do not apply when a radar or commu- ensure that each heat lamp, including nication system is incapable of emit- the face, is equipped with surround- ting radiation at levels that could in- type guards to prevent contact with jure workers in the vicinity of the sys- the lamp and bulb. tem, or if the radar or communication system is incapable of energizing in a § 1915.84 Working alone. manner than could injure workers (a) Except as provided in § 1915.51(c)(3) working on or in the vicinity of the of this part, whenever an employee is system. working alone, such as in a confined space or isolated location, the em- § 1915.86 Lifeboats. ployer shall account for each em- (a) Before any employee works in or ployee: on a stowed or suspended lifeboat, the (1) Throughout each workshift at reg- employer shall secure the lifeboat inde- ular intervals appropriate to the job pendently from the releasing gear to assignment to ensure the employee’s prevent it from falling or capsizing. safety and health; and (b) The employer shall not permit (2) At the end of the job assignment any employee to be in a lifeboat while or at the end of the workshift, which- it is being hoisted or lowered, except ever occurs first. when the employer demonstrates that (b) The employer shall account for it is necessary to conduct operational each employee by sight or verbal com- tests or drills over water, or in the munication. event of an emergency. § 1915.85 Vessel radar and communica- (c) The employer shall not permit tion systems. any employee to work on the outboard (a) The employer shall service each side of a lifeboat that is stowed on vessel’s radar and communication sys- chocks unless the lifeboat is secured by tems in accordance with 29 CFR 1915.89, gripes or another device that prevents Control of Hazardous Energy. it from swinging. (b) The employer shall secure each § 1915.87 Medical services and first vessel’s radar and communication sys- aid. tem so it is incapable of energizing or emitting radiation before any em- (a) General requirement. The employer ployee begins work: shall ensure that emergency medical (1) On or in the vicinity of the sys- services and first aid are readily acces- tem; sible. (2) On or in the vicinity of a system (b) Advice and consultation. The em- equipped with a dummy load; or ployer shall ensure that healthcare (3) Aloft, such as on a mast or king professionals are readily available for post. advice and consultation on matters of (c) When a vessel’s radar or commu- workplace health. nication system is operated, serviced, (c) First aid providers. (1) The em- repaired, or tested, the employer shall ployer shall ensure that there is an ensure that: adequate number of employees trained (1) There is no other work in progress as first aid providers at each worksite aloft; and during each workshift unless: (2) No employee is closer to the sys- (i) There is an on-site clinic or infir- tem’s antenna or transmitter than the mary with first aid providers during manufacturer’s specified safe minimum each workshift; or

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(ii) The employer can demonstrate (5) The employer shall replenish first that outside first aid providers (i.e., aid supplies as necessary to ensure that emergency medical services) can reach there is an adequate supply when need- the worksite within five (5) minutes of ed. a report of injury or illness. The em- (6) The employer shall inspect first ployer must take appropriate steps to aid supplies at sufficient intervals to ascertain that emergency medical as- ensure that they are adequate and in a sistance will be readily available serviceable condition. promptly if an injury or illness occurs. (e) Quick-drenching and flushing facili- (2) The employer shall ensure that a ties. Where the potential exists for an first aid provider is able to reach an in- employee to be splashed with a sub- jured/ill employee within five (5) min- stance that may result in an acute or utes of a report of a serious injury, ill- serious injury, the employer shall pro- ness, or accident such as one involving vide facilities for quick-drenching or cardiac arrest, acute breathing prob- flushing the eyes and body. The em- lems, uncontrolled bleeding, suffo- ployer shall ensure that such a facility cation, electrocution, or amputation. is located for immediate emergency (3) The employer shall use the fol- use within close proximity to oper- lowing factors in determining the num- ations where such substances are being ber and location of employees who used. must have first aid training: size and (f) Basket stretchers. (1) The employer location of each worksite; the number shall provide an adequate number of of employees at each worksite; the haz- basket stretchers, or the equivalent, ards present at each worksite; and the readily accessible to where work is distance of each worksite from hos- being performed on a vessel or vessel pitals, clinics, and rescue squads. section. The employer is not required (4) The employer shall ensure that to provide basket stretchers or the first aid providers are trained to render equivalent where emergency response first aid, including cardiopulmonary services have basket stretchers or the resuscitation (CPR). equivalent that meet the requirements (5) The employer shall ensure that of this paragraph. each first aid provider maintains cur- (2) The employer shall ensure each rent first aid and CPR certifications, basket stretcher, or the equivalent, is such as issued by the Red Cross, Amer- equipped with: ican Heart Association, or other equiv- (i) Permanent lifting bridles that en- alent organization. able the basket stretcher, or the equiv- (d) First aid supplies. (1) The employer alent, to be attached to hoisting gear shall provide and maintain adequate capable of lifting at least 5,000 pounds first aid supplies that are readily ac- (2,270 kg); cessible to each worksite. An employ- (ii) Restraints that are capable of se- er’s on-site infirmary or clinic con- curely holding the injured/ill employee taining first aid supplies that are read- while the basket stretcher, or the ily accessible to each worksite com- equivalent, is lifted or moved; and plies with this requirement. (iii) A blanket or other suitable cov- (2) The employer shall ensure that ering for the injured/ill employee. the placement, content, and amount of (3) The employer shall store basket first aid supplies are adequate for the stretchers, or the equivalent, and re- size and location of each worksite, the lated equipment (i.e., restraints, blan- number of employees at each worksite, kets) in a clearly marked location in a the hazards present at each worksite, manner that prevents damage and pro- and the distance of each worksite from tects the equipment from environ- hospitals, clinics, and rescue squads. mental conditions. (3) The employer shall ensure that (4) The employer shall inspect first aid supplies are placed in a weath- stretchers, or the equivalent, and re- erproof container. lated equipment at intervals that en- (4) The employer shall maintain first sure the equipment remains in a safe aid supplies in a dry, sterile, and serv- and serviceable condition, but at least iceable condition. once a year.

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APPENDIX A TO § 1915.87—FIRST AID KITS AND § 1915.88 Sanitation. AUTOMATED EXTERNAL DEFIBRILLATORS (NON-MANDATORY) (a) General requirements. (1) The employer shall provide adequate and read- 1. First aid supplies are required to be ade- ily accessible sanitation facilities. quate and readily accessible under paragraphs § 1915.87(a) and (d). An example of the (2) The employer shall establish and minimal contents of a generic first aid kit implement a schedule for servicing, for workplace settings is described in ANSI/ cleaning, and supplying each facility to ISEA Z308.1–2009, ‘‘Minimum Requirements ensure it is maintained in a clean, sani- for Workplace First Aid Kits and Supplies’’ tary, and serviceable condition. (incorporated by reference as specified in (b) Potable water. (1) The employer § 1915.5). The contents of the kit listed in this shall provide potable water for all em- ANSI standard should be adequate for small ployee health and personal needs and worksites. When larger operations or mul- ensure that only potable water is used tiple operations are being conducted at the same worksite, employers should determine for these purposes. the need for additional first aid kits, addi- (2) The employer shall provide pota- tional types of first aid equipment and sup- ble drinking water in amounts that are plies, and additional quantities and types of adequate to meet the health and per- supplies and equipment in the first aid kits. sonal needs of each employee. 2. In a similar fashion, employers that (3) The employer shall dispense have unique or changing first aid needs at drinking water from a fountain, a cov- their worksite may need to enhance their ered container with single-use drinking first aid kits. The employer can use the cups stored in a sanitary receptacle, or OSHA 300 Log, OSHA 301 Incident Report form, or other reports to identify these single-use bottles. The employer shall unique problems. Consultation from the prohibit the use of shared drinking local fire or rescue department, appropriate cups, dippers, and water bottles. healthcare professional or local emergency (c) Non-potable water. (1) The em- room may be helpful to employers in these ployer may use non-potable water for circumstances. By assessing the specific other purposes such as firefighting and needs of their worksite, employers can en- cleaning outdoor premises so long as it sure that reasonably anticipated supplies are does not contain chemicals, fecal mat- available. Employers should assess the specific needs of their worksite periodically, ter, coliform, or other substances at and augment first aid kits appropriately. levels that may create a hazard for em- 3. If it is reasonably anticipated that employees. ployees will be exposed to blood or other po- (2) The employer shall clearly mark tentially infectious materials while using non-potable water supplies and outlets first aid supplies, employers must provide as ‘‘not safe for health or personal appropriate personal protective equipment use.’’ (PPE) in compliance with the provisions of (d) Toilets—(1) General requirements. the Occupational Exposure to Bloodborne Pathogens standard, § 1910.1030(d)(3). This The employer shall ensure that standard lists appropriate PPE for this type sewered and portable toilets: of exposure, such as gloves, gowns, face (i) Provide privacy at all times. When shields, masks, and eye protection. a toilet facility contains more than one 4. Employers who provide automated exter- toilet, each toilet shall occupy a sepa- nal defibrillators (AEDs) at their workplaces rate compartment with a door and should designate who will use AEDs and walls or partitions that are sufficiently train those employees so they know how to high to ensure privacy; and correctly use the AEDs. Although a growing (ii) Are separate for each sex, except number of AEDs are now designed to be used by any person, even without training, train- as provided in (d)(1)(ii)(B) of this sec- ing reinforces proper use and promotes the tion; usefulness of AEDs as part of an effective (A) The number of toilets provided cardiopulmonary resuscitation plan. For for each sex shall be based on the max- AEDs to be effective, employers should: imum number of employees of that sex a. Ensure that AEDs are located so they present at the worksite at any one can be utilized within three to five minutes time during a workshift. A single-occu- of a report of an accident or injury; pancy toilet room shall be counted as b. Ensure that employees use AEDs in accordance with manufacturers’ specifications; one toilet regardless of the number of and toilets it contains; and c. Inspect, test, and maintain AEDs in ac- (B) The employer does not have to cordance with manufacturers’ specifications. provide separate toilet facilities for

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each sex when they will not be occu- (2) The employer shall ensure that pied by more than one employee at a each handwashing facility: time, can be locked from the inside, (i) Is equipped with either hot and and contain at least one toilet. cold or lukewarm running water and (iii) The employer shall establish and soap, or with waterless skin-cleansing implement a schedule to ensure that agents that are capable of disinfecting each sewered and portable toilet is the skin or neutralizing the contami- maintained in a clean, sanitary, and nants to which the employee may be serviceable condition. exposed; and (2) Minimum number of toilets. (i) The (ii) If the facility uses soap and employer shall provide at least the fol- water, it is supplied with clean, single- lowing number of toilets for each sex. use hand towels stored in a sanitary Portable toilets that meet the require- container and a sanitary means for dis- ments of paragraph (d)(3) of this sec- posing of them, clean individual section may be included in the minimum tions of continuous cloth toweling, or a number of toilets. hand-drying air blower. (3) The employer shall inform each TABLE F–2 TO § 1915.88 employee engaged in the application of paints or coatings or in other oper- Number of employees of Minimum number of toilets each sex per sex ations in which hazardous or toxic substances can be ingested or absorbed 1 to 15 ...... 1 about the need for removing surface 16 to 35 ...... 2 36 to 55 ...... 3 contaminants from their skins surface 56 to 80 ...... 4 by thoroughly washing their hands and 81 to 110 ...... 5 face at the end of the workshift and 111 to 150 ...... 6 prior to eating, drinking, or smoking. Over 150 ...... 1 additional toilet for each additional 40 employees. (f) Showers. (1) When showers are required by an OSHA standard, the em- Note to Table F–2 of § 1915.88: When toilets will only be used by men, urinals may be provided instead of toilets, ex- ployer shall provide one shower for cept that the number of toilets in such cases shall not be re- each 10, or fraction of 10, employees of duced to less than two-thirds of the minimum specified. each sex who are required to shower (3) Portable toilets. (i) The employer during the same workshift. shall provide portable toilets, pursuant (2) The employer shall ensure that to paragraph (d)(2)(i) and Table to each shower is equipped with soap, hot paragraph (d)(2) of this section, only and cold water, and clean towels for when the employer demonstrates that each employee who uses the shower. it is not feasible to provide sewered toi- (g) Changing rooms. When an em- lets, or when there is a temporary in- ployer provides protective clothing to crease in the number of employees for prevent employee exposure to haz- a short duration of time. ardous or toxic substances, the em- (ii) The employer shall ensure that ployer shall provide the following: each portable toilet is vented and (1) Changing rooms that provide pri- equipped, as necessary, with lighting. vacy for each sex; and (4) Exception for normally unattended (2) Storage facilities for street worksites and mobile work crews. The re- clothes, as well as separate storage fa- quirement to provide toilets does not cilities for protective clothing. apply to normally unattended work- (h) Eating, drinking, and break areas. sites and mobile work crews, provided The employer shall ensure that food, that the employer ensures that em- beverages, and tobacco products are ployees have immediately available not consumed or stored in any area transportation to readily accessible where employees may be exposed to sanitation facilities that are main- hazardous or toxic substances. tained in a clean, sanitary, and service- (i) Waste disposal. (1) The employer able condition and meet the other re- shall provide waste receptacles that quirements of this section. meet the following requirements: (e) Handwashing facilities. (1) The em- (i) Each receptacle is constructed of ployer shall provide handwashing fa- materials that are corrosion resistant, cilities at or adjacent to each toilet fa- leak-proof, and easily cleaned or dis- cility. posable;

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(ii) Each receptacle is equipped with (3) When other standards in 29 CFR a solid tight-fitting cover, unless it can part 1915 and applicable standards in 29 be kept in clean, sanitary, and service- CFR part 1910 require the use of a lock able condition without the use of a or tag, the employer shall use and sup- cover; plement them with the procedural and (iii) Receptacles are provided in num- training requirements specified in this bers, sizes, and locations that encour- section. age their use; and (4) Exceptions. This section does not (iv) Each receptacle is emptied as apply to: often as necessary to prevent it from (i) Work on cord-and-plug-connected overfilling and in a manner that does machinery, equipment, or system, pro- not create a hazard for employees. vided the employer ensures that the Waste receptacles for food shall be machinery, equipment, or system is emptied at least every day, unless un- unplugged and the plug is under the ex- used. clusive control of the employee per- (2) The employer shall not permit forming the servicing; employees to work in the immediate (ii) Minor servicing activities per- vicinity of uncovered garbage that formed during normal production oper- could endanger their safety and health. ations, including minor tool changes (3) The employer shall ensure that and adjustments, that are routine, re- employees working beneath or on the petitive, and integral to the use of the outboard side of a vessel are not con- machinery, equipment, or system, pro- taminated by drainage or waste from vided the employer ensures that the overboard discharges. work is performed using measures that (j) Vermin control. (1) To the extent provide effective protection from reasonably practicable, the employer energization, startup, or the release of shall clean and maintain the workplace hazardous energy. in a manner that prevents vermin in- (b) Lockout/tags-plus program. The em- festation. ployer shall establish and implement a (2) Where vermin are detected, the written program and procedures for employer shall implement and main- lockout and tags-plus systems to contain an effective vermin-control pro- trol hazardous energy during the serv- gram. icing of any machinery, equipment, or system in shipyard employment. The § 1915.89 Control of hazardous energy program shall cover: (lockout/tags-plus). (1) Procedures for lockout/tags-plus (a) Scope, application, and effective systems while servicing machinery, dates . (1) Scope. This section covers the equipment, or systems in accordance servicing of machinery, equipment, and with paragraph (c) of this section; systems when the energization or (2) Procedures for protecting employ- startup of machinery, equipment, or ees involved in servicing any machin- systems, or the release of hazardous ery, equipment, or system in accord- energy, could endanger an employee. ance with paragraphs (d) through (m) (2) Application. (i) This section ap- of this section; plies to the servicing of any machin- (3) Specifications for locks and tags- ery, equipment, or system that em- plus hardware in accordance with para- ployees use in the course of shipyard graph (n) of this section; employment work and that is con- (4) Employee information and train- ducted: ing in accordance with paragraph (o) of (A) In any landside facility that per- this section; forms shipyard employment work; and (5) Incident investigations in accord- (B) On any vessel or vessel section. ance with paragraph (p) of this section; (ii) This section applies to such serv- and icing conducted on a vessel by any em- (6) Program audits in accordance ployee including, but not limited to, with paragraph (q) of this section. the ship’s officers and crew unless such (c) General requirements. (1) The em- application is preempted by the regula- ployer shall ensure that, before any au- tions of another federal agency. thorized employee performs servicing

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when energization or startup, or the re- vice that is capable of being locked lease of hazardous energy, may occur, out, the tag shall be attached at the all energy sources are identified and same location that the lock would have isolated, and the machinery, equip- been attached, and; ment, or system is rendered inoper- (ii) The employer shall demonstrate ative. that the use of a tags-plus system will (2) If an energy-isolating device is ca- provide a level of safety equivalent to pable of being locked, the employer that obtained by using a lock. In dem- shall ensure the use of a lock to pre- onstrating that an equivalent level of vent energization or startup, or the re- safety is achieved, the employer shall: lease of hazardous energy, before any (A) Demonstrate full compliance servicing is started, unless the em- with all tags-plus-related provisions of ployer can demonstrate that the utili- this standard; and zation of a tags-plus system will pro- (B) Implement such additional safety vide full employee protection as set measures as are necessary to provide forth in paragraph (c)(6) of this section. the equivalent safety available from (3) If an energy-isolating device is the use of a lock. not capable of being locked, the employer shall ensure the use of a tags- NOTE TO PARAGRAPH (c)(6) OF THIS SECTION: plus system to prevent energization or When the Navy ship’s force maintains con- startup, or the release of hazardous en- trol of the machinery, equipment, or systems on a vessel and has implemented such addi- ergy, before any servicing is started. tional measures it determines are necessary, (4) Each tags-plus system shall con- the provisions of paragraph (c)(6)(ii)(B) of sist of: this section do not apply, provided that the (i) At least one energy-isolating de- employer complies with the verification pro- vice with a tag affixed to it; and cedures in paragraph (g) of this section. (ii) At least one additional safety (7) Lockout/tags-plus coordination. (i) measure that, along with the energy- The employer shall establish and im- isolating device and tag required in plement lockout/tags-plus coordination (c)(4)(i) of this section, will provide the when: equivalent safety available from the (A) Employees on vessels and in ves- use of a lock. sel sections are servicing multiple ma- NOTE TO PARAGRAPH (c)(4) OF THIS SECTION: chinery, equipment, or systems at the When the Navy ship’s force maintains con- same time; or trol of the machinery, equipment, or systems (B) Employees on vessels, in vessel on a vessel and has implemented such addi- sections, and at landside facilities are tional measures it determines are necessary, the provisions of paragraph (c)(4)(ii) of this performing multiple servicing oper- section shall not apply, provided that the ations on the same machinery, equip- employer complies with the verification pro- ment, or system at the same time. cedures in paragraph (g) of this section. (ii) The coordination process shall in- (5) After October 31, 2011, the em- clude a lockout/tags-plus coordinator ployer shall ensure that each energy- and a lockout/tags-plus log. Each log isolating device for any machinery, shall be specific to each vessel, vessel equipment, or system is designed to ac- section, and landside work area. cept a lock whenever the machinery, (iii) The employer shall designate a equipment, or system is extensively re- lockout/tags-plus coordinator who is paired, renovated, modified, or re- responsible for overseeing and approv- placed, or whenever new machinery, ing: equipment, or systems are installed. (A) The application of each lockout This requirement does not apply when and tags-plus system; a shipyard employer: (B) The verification of hazardous-en- (i) Does not own the machinery, ergy isolation before the servicing of equipment, or system; or any machinery, equipment, or system (ii) Builds or services a vessel or ves- begins; and sel section according to customer spec- (C) The removal of each lockout and ifications. tags-plus system. (6) Full employee protection. (i) When a (iv) The employer shall ensure that tag is used on an energy-isolating de- the lockout/tags-plus coordinator

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maintains and administers a contin- (F) Starting up the machinery, equip- uous log of each lockout and tags-plus ment, or system that is being serviced, system. The log shall contain: in accordance with paragraph (j) of this (A) Location of machinery, equip- section; ment, or system to be serviced; (G) Applying lockout/tags-plus sys- (B) Type of machinery, equipment, or tems in group servicing operations, in system to be serviced; accordance with paragraph (k) of this (C) Name of the authorized employee section; applying the lockout/tags-plus system; (H) Addressing multi-employer work- (D) Date that the lockout/tags-plus sites involved in servicing any machin- system is applied; ery, equipment, or system, in accord- (E) Name of authorized employee re- ance with paragraph (l) of this section; moving the lock or tags-plus system; and and (I) Addressing shift or personnel (F) Date that lockout/tags-plus sys- changes during servicing operations, in tem is removed. accordance with paragraph (m) of this section. NOTE TO PARAGRAPH (c)(7) OF THIS SECTION: When the Navy ship’s force serves as the NOTE TO PARAGRAPH (d)(1) OF THIS SECTION: lockout/tags-plus coordinator and maintains The employer need only develop a single pro- control of the lockout/tags-plus log, the em- cedure for a group of similar machines, ployer will be in compliance with the re- equipment, or systems if the machines, quirements in paragraph (c)(7) of this section equipment, or systems have the same type when coordination between the ship’s force and magnitude of energy and the same or and the employer occurs to ensure that ap- similar types of controls, and if a single pro- plicable lockout/tags-plus procedures are fol- cedure can satisfactorily address the hazards lowed and documented. and the steps to be taken to control these hazards. (d) Lockout/tags-plus written proce- (2) The employer’s lockout procedures. (1) The employer shall establish dures do not have to be in writing for and implement written procedures to servicing machinery, equipment, or prevent energization or startup, or the systems, provided that all of the fol- release of hazardous energy, during the lowing conditions are met: servicing of any machinery, equipment, (i) There is no potential for haz- or system. Each procedure shall in- ardous energy to be released (or to re- clude: accumulate) after shutting down, or re- (i) A clear and specific outline of the storing energy to, the machinery, scope and purpose of the lockout/tags- equipment, or system; plus procedure; (ii) The machinery, equipment, or (ii) The means the employer will use system has a single energy source that to enforce compliance with the lock- can be readily identified and isolated; out/tags-plus program and procedures; (iii) The isolation and lock out of and that energy source will result in com- (iii) The steps that must be followed plete de-energization and deactivation for: of the machinery, equipment, or sys- (A) Preparing for shutting down and tem, and there is no potential for re- isolating of the machinery, equipment, accumulation of energy; or system to be serviced, in accordance (iv) The energy source is isolated and with paragraph (e) of this section; secured from the machinery, equip- (B) Applying the lockout/tags-plus ment, or system during servicing; system, in accordance with paragraph (v) Only one lock is necessary for iso- (f) of this section; lating the energy source; (C) Verifying isolation, in accordance (vi) The lock is under the exclusive with paragraph (g) of this section; control of the authorized employee per- (D) Testing the machinery, equip- forming the servicing; ment, or system, in accordance with (vii) The servicing does not create a paragraph (h) of this section; hazard for any other employee; and (E) Removing lockout/tags-plus sys- (viii) The employer, in utilizing this tems, in accordance with paragraph (i) exception, has not had any accidents or of this section; incidents involving the activation or

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reenergization of this type of machin- (3) When using tags-plus systems, the ery, equipment, or system during serv- employer shall ensure that the author- icing. ized employee affixes a tag directly to (e) Procedures for shutdown and isola- the energy-isolating device that clear- tion. (1) Before an authorized employee ly indicates that the removal of the de- shuts down any machinery, equipment, vice from a safe or off position is pro- or system, the employer shall: hibited. (i) Ensure that the authorized em- (4) When the tag cannot be affixed di- ployee has knowledge of: rectly to the energy-isolating device (A) The source, type, and magnitude the employer shall ensure that the au- of the hazards associated with thorized employee locates it as close as energization or startup of the machine, safely possible to the device, in a safe equipment, or system; and immediately obvious position. (B) The hazards associated with the (5) The employer shall ensure that release of hazardous energy; and each energy-isolating device that con- (C) The means to control these haz- trols energy to the machinery, equip- ards; and ment, or system is effective in iso- (ii) Notify each affected employee lating the machinery, equipment, or that the machinery, equipment, or sys- system from all potentially hazardous tem will be shut down and deenergized energy source(s). prior to servicing, and that a lockout/ NOTE TO PARAGRAPH (f) OF THIS SECTION: tags-plus system will be implemented. When the Navy ship’s force applies the lock- (2) The employer shall ensure that out/tags-plus systems or devices, the em- the machinery, equipment, or system ployer will be in compliance with the re- is shut down according to the written quirements in paragraph (f) of this section procedures the employer established. when the employer’s authorized employee verifies the application of the lockout/tags- (3) The employer shall use an orderly plus systems or devices. shutdown to prevent exposing any employee to risks associated with haz- (g) Procedures for verification of ardous energy. deenergization and isolation. (1) Before (4) The employer shall ensure that servicing machinery, equipment, or a the authorized employee relieves, dis- system that has a lockout/tags-plus connects, restrains, or otherwise ren- system, the employer shall ensure that ders safe all potentially hazardous en- the authorized employee, or the pri- ergy that is connected to the machin- mary authorized employee in a group ery, equipment, or system. lockout/tags-plus application, verifies that the machinery, equipment, or sys- NOTE TO PARAGRAPH (e) OF THIS SECTION: tem is deenergized and all energy When the Navy ship’s force shuts down any sources isolated. machinery, equipment, or system, and re- (2) The employer shall ensure that lieves, disconnects, restrains, or otherwise renders safe all potentially hazardous energy the authorized employee, or the pri- that is connected to the machinery, equip- mary authorized employee in a group ment, or system, the employer will be in lockout/tags-plus application, con- compliance with the requirements in para- tinues verifying deenergization and graph (e) of this section when the employer’s isolation while servicing the machin- authorized employee verifies that the ma- ery, equipment, or system. chinery, equipment, or system being serviced (3) Each authorized employee in a has been properly shut down, isolated, and group lockout/tags-plus application deenergized. who will be servicing the machinery, (f) Procedures for applying lockout/ equipment, or system must be given tags-plus systems. (1) The employer shall the option to verify that the machin- ensure that only an authorized emery, equipment, or system is deener- ployee applies a lockout/tags-plus sys- gized and all energy sources isolated, tem. even when verification is performed by (2) When using lockout systems, the the primary authorized employee. employer shall ensure that the author- (h) Procedures for testing. In each situ- ized employee affixes each lock in a ation in which a lockout/tags-plus sys- manner that will hold the energy-iso- tem must be removed temporarily and lating device in a safe or off position. the machinery, equipment, or system

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restarted to test it or to position a employer may direct removal by an- component, the employer shall ensure other authorized employee, provided that the authorized employee does the the employer developed and incor- following in sequence: porated into the lockout/tags-plus pro- (1) Clears tools and materials from gram the specific procedures and train- the work area; ing that address such removal, and (2) Removes nonessential employees demonstrates that the specific proce- from the work area; dures used provide a level of employee (3) Removes each lockout/tags-plus safety that is at least as effective in system in accordance with paragraph protecting employees as removal of the (i) of this section; system by the authorized employee (4) Restarts the machinery, equip- who applied it. After meeting these re- ment, or system and then proceeds quirements, the employer shall do the with testing or positioning; and following in sequence: (5) After completing testing or posi- (i) Verify that the authorized em- tioning, deenergizes and shuts down ployee who applied the lockout/tags- the machinery, equipment, or system plus system is not in the facility; and reapplies all lockout/tags-plus systems in accordance with paragraphs (ii) Make all reasonable efforts to (e)–(g) of this section to continue serv- contact the authorized employee to in- icing. form him/her that the lockout/tags- plus system has been removed; and NOTE TO PARAGRAPH (h) OF THIS SECTION: (iii) Ensure that the authorized em- When the Navy ship’s force serves as the ployee who applied the lock or tags- lockout/tags-plus coordinator, performs the testing, and maintains control of the lock- plus system has knowledge of the re- out/tags-plus systems or devices during test- moval before resuming work on the af- ing, the employer is in compliance with fected machinery, equipment, or sys- paragraph (h) when the employer’s author- tem. ized employee acknowledges to the lockout/ tags-plus coordinator that the employer’s NOTE TO PARAGRAPH (i) OF THIS SECTION: personnel and tools are clear and the ma- When the Navy ship’s force serves as lock- chinery, equipment, or system being serviced out/tags-plus coordinator and removes the is ready for testing, and upon completion of lockout/tags-plus systems or devices, the the testing, verifies the reapplication of the employer is in compliance with the require- lockout/tags-plus systems. ments in paragraph (i) of this section when the employer’s authorized employee informs (i) Procedures for removal of lockout the lockout/tags-plus coordinator that the and tags-plus systems. (1) Before remov- procedures in paragraph (i)(1) of this section ing any lockout/tags-plus system and have been performed. restoring the machinery, equipment, or system to use, the employer shall en- (j) Procedures for startup. (1) Before an sure that the authorized employee does authorized employee turns on any ma- the following: chinery, equipment, or system after (i) Notifies all other authorized and servicing is completed, the employer affected employees that the lockout/ shall ensure that the authorized em- tags-plus system will be removed; ployee has knowledge of the source, (ii) Ensures that all employees in the type, and magnitude of the hazards as- work area have been safely positioned sociated with energization or startup, or removed; and and the means to control these haz- (iii) Inspects the work area to ensure ards. that nonessential items have been re- (2) The employer shall execute an or- moved and machinery, equipment, or derly startup to prevent or minimize system components are operationally any additional or increased hazard(s) intact. to employees. The employer shall per- (2) The employer shall ensure that form the following tasks before start- each lock or tags-plus system is re- ing up the machinery, equipment, or moved by the authorized employee who system: applied it. (i) Clear tools and materials from the (3) When the authorized employee work area; who applied the lockout/tags-plus sys- (ii) Remove any non-essential em- tem is not available to remove it, the ployees from the work area; and

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(iii) Start up the machinery, equip- and accountability for, his or her pro- ment, or system according to the detection such as, but not limited to, tailed procedures the employer estab- having each authorized employee: lished for that machinery, equipment, (A) Sign a group tag (or a group tag or system. equivalent), attach a personal identification device to a group lockout de- NOTE TO PARAGRAPH (j) OF THIS SECTION: When the Navy ship’s force serves as lock- vice, or performs a comparable action out/tags-plus coordinator and maintains con- before servicing is started; and trol of the lockout/tags-plus systems or de- (B) Sign off the group tag (or the vices during startup, and the employer is group tag equivalent), remove the per- prohibited from starting up the machinery, sonal identification device, or perform equipment, or system, the employer is in a comparable action when servicing is compliance with the requirements in para- finished. graph (j) of this section when the employer’s authorized employee informs the lockout/ NOTE TO PARAGRAPH (k)(2) OF THIS SECTION: tags-plus coordinator the procedures in para- When the Navy ship’s force maintains con- graphs (j)(2)(i) and (j)(2)(ii) of this section trol of the machinery, equipment, or systems have been performed. on a vessel and prohibits the employer from applying or removing the lockout/tags-plus (k) Procedures for group lockout/tags- system or starting up the machinery, equip- plus. When more than one authorized ment, or systems being serviced, the em- employee services the same machinery, ployer is in compliance with the require- equipment, or system at the same ments in paragraphs (k)(1)(iii) and (k)(2), time, the following procedures shall be provided that the employer ensures that the implemented: primary authorized employee takes the fol- (1) Primary authorized employee. The lowing steps in the following order: (1) Be- employer shall: fore servicing begins and after deenergization, (a) verifies the safe exposure (i) Assign responsibility to one pri- status of each authorized employee, and (b) mary authorized employee for each signs a group tag (or a group tag equivalent) group of authorized employees per- or performs a comparable action; and (2) forming servicing on the same machin- after servicing is complete and before ery, equipment, or system; reenergization, (a) verifies the safe exposure (ii) Ensure that the primary author- status of each authorized employee, and (b) ized employee determines the safe ex- signs off the group tag (or the group tag posure status of each authorized em- equivalent) or performs a comparable action. ployee in the group with regard to the (l) Procedures for multi-employer work- lockout/tags-plus system; sites. (1) The host employer shall estab- (iii) Ensure that the primary author- lish and implement procedures to pro- ized employee obtains approval from tect employees from hazardous energy the lockout/tags-plus coordinator to in multi-employer worksites. The pro- apply and remove the lockout/tags-plus cedures shall specify the responsibil- system; and ities for host and contract employers. (iv) Ensure that the primary author- (2) Host employer responsibilities. The ized employee coordinates the serv- host employer shall carry out the fol- icing operation with the coordinator lowing responsibilities in multi-em- when required by paragraph (c)(7)(i) of ployer worksites: this section. (i) Inform each contract employer (2) Authorized employees. The em- about the content of the host employ- ployer shall either: er’s lockout/tags-plus program and pro- (i) Have each authorized employee cedures; apply a personal lockout/tags-plus sys- (ii) Instruct each contract employer tem; or to follow the host employer’s lockout/ (ii) Use a procedure that the em- tags-plus program and procedures; and ployer can demonstrate affords each (iii) Ensure that the lockout/tags- authorized employee a level of protec- plus coordinator knows about all serv- tion equivalent to the protection pro- icing operations and communicates vided by having each authorized em- with each contract employer who per- ployee apply a personal lockout/tags- forms servicing or works in an area plus system. Such procedures shall in- where servicing is being conducted. corporate a means for each authorized (3) Contract employer responsibilities. employee to have personal control of, Each contract employer shall perform

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the following duties when working in a (3) The employer shall ensure that multi-employer worksite: each lock and tag meets the following (i) Follow the host employer’s lock- requirements: out/tags-plus program and procedures; (i) Durable. (A) Each lock and tag is (ii) Ensure that the host employer capable of withstanding the existing knows about the lockout/tags-plus haz- environmental conditions for the max- ards associated with the contract em- imum period of time that servicing is ployer’s work and what the contract expected to last; employer is doing to address these haz- (B) Each tag is made so that weather ards; and conditions, wet or damp conditions, (iii) Inform the host employer of any corrosive substances, or other condi- previously unidentified lockout/tags- tions in the work area where the tag is plus hazards that the contract em- used or stored will not cause it to dete- ployer identifies at the multi-employer riorate or become illegible; worksite. (ii) Standardized. (A) Each lock and tag is standardized in at least one of NOTE 1 TO PARAGRAPH (l) OF THIS SECTION: the following areas: color, shape, or The host employer may include provisions in size; and its contract with the contract employer for (B) Each tag is standardized in print the contract employer to have more control over the lockout/tags-plus program if such and format; provisions will provide an equivalent level of (iii) Substantial. (A) Each lock is stur- protection for the host employer’s and con- dy enough to prevent removal without tract employer’s employees as that provided the use of extra force or unusual tech- by paragraph (l) of this section. niques, such as bolt cutters or other NOTE 2 TO PARAGRAPH (l) OF THIS SECTION: metal-cutting tools; When the U.S Navy contracts directly with a (B) Each tag and tag attachment is contract employer and the Navy ship’s force sturdy enough to prevent inadvertent maintains control of the lockout/tags-plus or accidental removal; systems or devices, that contract employer shall consider the Navy to be the host em- (C) Each tag attachment has the gen- ployer for the purposes of § 1915.89(l)(3). eral design and basic safety characteristics of a one-piece, all-environment- (m) Procedures for shift or personnel tolerant nylon tie; changes. (1) The employer shall estab- (D) Each tag attachment is non-reus- lish and implement specific procedures able, attachable by hand, self-locking, for shift or personnel changes to ensure and non-releasable, and has a minimum the continuity of lockout/tags-plus pro- unlocking strength of 50 pounds; tection. (iv) Identifiable. Each lock and tag in- (2) The employer shall establish and dicates the identity of the authorized implement provisions for the orderly employee applying it; and transfer of lockout/tags-plus systems (v) Each tag warns of hazardous con- between authorized employees when ditions that could arise if the machin- they are starting and ending their ery, equipment, or system is energized workshifts, or when personnel changes and includes a legend such as one of occur during a workshift, to prevent the following: ‘‘Do Not Start,’’ ‘‘Do Not energization or startup of the machin- Open,’’ ‘‘Do Not Close,’’ ‘‘Do Not Ener- ery, equipment, or system being serv- gize,’’ or ‘‘Do Not Operate.’’ iced or the release of hazardous energy. (o) Information and training—(1) Initial (n) Lockout/tags-plus materials and training. The employer shall train each hardware. (1) The employer shall pro- employee in the applicable require- vide locks and tags-plus system hard- ments of this section no later than Oc- ware used for isolating, securing, or tober 31, 2011. blocking machinery, equipment, or sys- (2) General training content. The em- tems from all hazardous-energy ployer shall train each employee who sources. is, or may be, in an area where lockout/ (2) The employer shall ensure that tags-plus systems are being used so each lock and tag is uniquely identified they know: for the purpose of controlling haz- (i) The purpose and function of the ardous energy and is not used for any employer’s lockout/tags-plus program other purpose. and procedures;

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(ii) The unique identity of the locks materials that will withstand the envi- and tags to be used in the lockout/tags- ronmental conditions encountered in plus system, as well as the standard- the workplace; ized color, shape or size of these de- (vii) The requirement that tags be se- vices; curely attached to energy-isolating de- (iii) The basic components of the vices so they cannot be accidentally re- tags-plus system: an energy-isolating moved while servicing machinery, device with a tag affixed to it and an equipment, or systems; additional safety measure; (viii) That tags are warning devices, (iv) The prohibition against tam- and alone do not provide physical bar- pering with or removing any lockout/ riers against energization or startup, tags-plus system; and or the release of hazardous energy, pro- (v) The prohibition against restarting vided by locks, and energy-isolating or reenergizing any machinery, equip- devices; and ment, or system being serviced under a (ix) That tags must be used in con- lockout/tags-plus system. junction with an energy-isolating de- (3) Additional training requirements for vice to prevent energization or startup affected employees. In addition to train- or the release of hazardous energy. ing affected employees in the require- (5) Additional training for lockout/tags- ments in paragraph (o)(2) of this sec- plus coordinator. In addition to training tion, the employer also shall train each lockout/tags-plus coordinators in the affected employee so he/she knows: requirements in paragraphs (o)(2), (i) The use of the employer’s lockout/ (o)(3), and (o)(4) of this section, the em- tags-plus program and procedures; ployer shall train each lockout/tags- (ii) That affected employees are not plus coordinator so he/she knows: to apply or remove any lockout/tags- (i) How to identify and isolate any plus system; and machinery, equipment, or system that (iii) That affected employees are not is being serviced; and to bypass, ignore, or otherwise defeat (ii) How to accurately document any lockout/tags-plus system. lockout/tags-plus systems and main- (4) Additional training requirements for tain the lockout/tags-plus log. authorized employees. In addition to (6) Employee retraining. training authorized employees in the (i) The employer shall retrain each requirements in paragraphs (o)(2) and employee, as applicable, whenever: (o)(3) of this section, the employer also shall train each authorized employee (A) There is a change in his/her job so he/she knows: assignment that presents new hazards (i) The steps necessary for the safe or requires a greater degree of knowl- application, use, and removal of lock- edge about the employer’s lockout/ out/tags-plus systems to prevent tags-plus program or procedures; energization or startup or the release (B) There is a change in machinery, of hazardous energy during servicing of equipment, or systems to be serviced machinery, equipment, or systems; that presents a new energy-control (ii) The type of energy sources and hazard; the magnitude of the energy available (C) There is a change in the employ- at the worksite; er’s lockout/tags-plus program or pro- (iii) The means and methods nec- cedures; or essary for effective isolation and con- (D) It is necessary to maintain the trol of hazardous energy; employee’s proficiency. (iv) The means for determining the (ii) The employer also shall retrain safe exposure status of other employees each employee, as applicable, whenever in a group when the authorized em- an incident investigation or program ployee is working as a group’s primary audit indicates that there are: authorized employee. (A) Deviations from, or deficiencies (v) The requirement for tags to be in, the employer’s lockout/tags-plus written so they are legible and under- program or procedures; or standable to all employees; (B) Inadequacies in an employee’s (vi) The requirement that tags and knowledge or use of the lockout/tags- their means of attachment be made of plus program or procedures.

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(iii) The employer shall ensure that cluding contract employees when ap- retraining establishes the required em- plicable. ployee knowledge and proficiency in (6) The employer shall ensure that the employer’s lockout/tags-plus pro- the incident investigation and written gram and procedures and in any new or report are completed, and all correc- revised energy-control procedures. tive actions implemented, within 30 (7) Upon completion of employee days following the incident. training, the employer shall keep a (7) If the employer demonstrates that record that the employee accomplished it is infeasible to implement all of the the training, and that this training is corrective actions within 30 days, the current. The training record shall con- employer shall prepare a written abate- tain at least the employee’s name, date ment plan that contains an expla- of training, and the subject of the nation of the circumstances causing training. the delay, a proposed timetable for the (p) Incident investigation. (1) The em- abatement, and a summary of the steps ployer shall investigate each incident the employer is taking in the interim that resulted in, or could reasonably to protect employees from hazardous have resulted in, energization or start- energy while servicing machinery, up, or the release of hazardous energy, equipment, or systems. while servicing machinery, equipment, (q) Program audits. (1) The employer or systems. shall conduct an audit of the lockout/ (2) Promptly but not later than 24 tags-plus program and procedures cur- hours following the incident, the em- rently in use at least annually to en- ployer shall initiate an incident inves- sure that the procedures and the re- tigation and notify each employee who quirements of this section are being was, or could reasonably have been, af- followed and to correct any defi- fected by the incident. ciencies. (3) The employer shall ensure that (2) The employer shall ensure that the incident investigation is conducted the audit is performed by: by at least one employee who has the (i) An authorized employee other knowledge of, and experience in, the than the one(s) currently using the en- employer’s lockout/tags-plus program ergy-control procedure being reviewed; and procedures, and in investigating or and analyzing incidents involving the (ii) Individuals other than an author- release of hazardous energy. The em- ized employee who are knowledgeable ployer may also use additional individ- about the employer’s lockout/tags-plus uals to participate in investigating the program and procedures and the ma- incident. chinery, equipment, or systems being (4) The employer shall ensure that audited. the individual(s) conducting the inves- (3) The employer shall ensure that tigation prepare(s) a written report of the audit includes: the investigation that includes: (i) A review of the written lockout/ tags-plus program and procedures; (i) The date and time of the incident; (ii) A review of the current lockout/ (ii) The date and time the incident tags-plus log; investigation began; (iii) Verification of the accuracy of (iii) Location of the incident; the lockout/tags-plus log; (iv) A description of the incident; (iv) A review of incident reports since (v) The factors that contributed to the last audit; the incident; (v) A review conducted between the (vi) A copy of any lockout/tags-plus auditor and authorized employees re- log that was current at the time of the garding the authorized employees’ re- incident; and sponsibilities under the lockout sys- (vii) Any corrective actions that need tems being audited; and to be taken as a result of the incident. (vi) A review conducted between the (5) The employer shall review the auditor and affected and authorized written incident report with each em- employees regarding their responsibil- ployee whose job tasks are relevant to ities under the tags-plus systems being the incident investigation findings, in- audited.

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(4) The employer shall ensure that, sponse to the findings and rec- within 15 days after completion of the ommendations of any incident inves- audit, the individual(s) who conducted tigation reports prepared since the pre- the audit prepare and deliver to the vious audit. employer a written audit report that (5) The employer shall promptly com- includes at least: municate the findings and rec- (i) The date of the audit; ommendations in the written audit re- (ii) The identity of the individual(s) port to each employee having a job who performed the audit; task that may be affected by such find- (iii) The identity of the procedure ings and recommendations. and machinery, equipment, or system that were audited; (6) The employer shall correct the de- (iv) The findings of the program viations or inadequacies in the lockout/ audit and recommendations for cor- tags-plus program within 15 days after recting deviations or deficiencies iden- receiving the written audit report. tified during the audit; (r) Recordkeeping. (1) Table to para- (v) Any incident investigation re- graph (r)(1) of this section specifies ports since the previous audit; and what records the employer must retain (vi) Descriptions of corrective ac- and how long the employer must retain tions the employer has taken in re- them:

TABLE TO PARAGRAPH (r)(1) OF THIS SECTION—RETENTION OF RECORDS REQUIRED BY § 1915.89

The employer must keep the following records . . . For at least . . .

(i) Current lockout/tags-plus program and procedures ...... Until replaced by updated program and procedures. (ii) Training records ...... Until replaced by updated records for each type of training. (iii) Incident investigation reports ...... Until the next program audit is completed. (iv) Program audit report ...... 12 months after being replaced by the next audit report.

(2) The employer shall make all PURPOSE records required by this section avail- This procedure establishes the minimum able to employees, their representa- requirements for the lockout/tags-plus appli- tives, and the Assistant Secretary in cation of energy-isolating devices on vessels accordance with the procedures and and vessel sections, and for landside facili- time periods specified in 29 CFR ties whenever servicing is done on machin- 1910.1020(e)(1) and (e)(3). ery, equipment, or systems in shipyards. (s) Appendices. Non-mandatory Ap- This procedure shall be used to ensure that pendix A to this section is a guideline all potentially hazardous-energy sources have been isolated and the machinery, equip- to assist employers and employees in ment, or system to be serviced has been ren- complying with the requirements of dered inoperative through the use of lockout this section, and to provide them with or tags-plus procedures before employees other useful information. The informa- perform any servicing when the energization tion in Appendix A does not add to, or or start-up of the machinery, equipment, or in any way revise, the requirements of system, or the release of hazardous energy this section. could cause injury.

APPENDIX A TO § 1915.89 (NON-MANDATORY)— COMPLIANCE WITH THIS PROGRAM TYPICAL MINIMAL LOCKOUT/TAGS-PLUS PRO- All employees are required to comply with CEDURES the restrictions and limitations imposed on them during the use of lockout or tags-plus GENERAL applications. Authorized employees are re- LOCKOUT/TAGS-PLUS PROCEDURE quired to perform each lockout or tags-plus application in accordance with this proce- Lockout/Tags-Plus Procedure for dure. No employee, upon observing that ma- llllllllllllllllllllllll chinery, equipment, or systems are secured [Name of company for single procedure or using lockout or tags-plus applications, shall identification of machinery, equipment, or attempt to start, open, close, energize, or op- system if multiple procedures used.] erate that machinery, equipment, or system. llllllllllllllllllllllll llllllllllllllllllllllll

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Type of compliance enforcement to be taken Type(s) of hazardous energy—methods used for violation of the above. to control them. (7) Ensure that the machinery, equipment, PROCEDURES FOR LOCKOUT/TAGS-PLUS or system is relieved, disconnected, re- SYSTEMS strained, or rendered safe from the release of (1) Notify each affected employee that all potentially hazardous energy by checking servicing is required on the machinery, that no personnel are exposed, and then equipment, or system, and that it must be verifying the isolation of energy to the ma- isolated and rendered inoperative using a chine, equipment, or system by operating lockout or tags-plus system. the push button or other normal operating llllllllllllllllllllllll control(s), or by testing to make certain it will not operate. Method of notifying all affected employees. CAUTION: Return operating control(s) to (2) The authorized employee shall refer to the safe or off position after verifying the shipyard employer’s procedures to identify isolation of the machinery, equipment, or the type and magnitude of the energy system. source(s) that the machinery, equipment, or system uses, shall understand the hazards of llllllllllllllllllllllll the energy, and shall know the methods to Method of verifying the isolation of the ma- control the energy source(s). chinery, equipment, or system. llllllllllllllllllllllll (8) The machinery, equipment, or system is Type(s) and magnitude(s) of energy, its haz- now secured by a lockout or tags-plus sys- ards and the methods to control the energy. tem, and servicing by the authorized person may be performed. (3) If the machinery, equipment, or system is operating, shut it down in accordance with PROCEDURES FOR REMOVAL OF LOCKOUT/TAGS- the written procedures (depress the stop but- PLUS SYSTEMS ton, open switch, close valve, etc.) estab- When servicing is complete and the ma- lished by the employer. chinery, equipment, or system is ready to re- llllllllllllllllllllllll turn to normal operating condition, the fol- Type(s) and location(s) of machinery, equip- lowing steps shall be taken: ment, or system operating controls. (1) Notify each authorized and affected em- (4) Secure each energy-isolating device(s) ployee(s) that the lockout/tags-plus system through the use of a lockout or tags-plus sys- will be removed and the machinery, equip- tem (for instance, disconnecting, blanking, ment, or system reenergized. and affixing tags) so that the energy source (2) Inspect the work area to ensure that all is isolated and the machinery, equipment, or employees have been safely positioned or re- system is rendered inoperative. moved. (3) Inspect the machinery, equipment, or llllllllllllllllllllllll system and the immediate area around the Type(s) and location(s) of energy-isolating machinery, equipment, or system to ensure devices. that nonessential items have been removed (5) Lockout System. Affix a lock to each en- and that the machinery, equipment or sys- ergy-isolating device(s) with assigned indi- tem components are operationally intact. vidual lock(s) that will hold the energy-iso- (4) Reconnect the necessary components, lating device(s) in a safe or off position. Po- remove the lockout/tags-plus material and tentially hazardous energy (such as that hardware, and reenergize the machinery, found in capacitors, springs, elevated ma- equipment, or system through the estab- chine members, rotating flywheels, hydrau- lished detailed procedures determined by the lic systems, and air, gas, steam, or water employer. pressure, etc.) must be controlled by meth- (5) Notify all affected employees that serv- ods such as grounding, repositioning, block- icing is complete and the machinery, equip- ing, bleeding down, etc. ment, or system is ready for testing or use. (6) Tags-Plus System. Affix a tag to each energy-isolating device and provide at least § 1915.90 Safety color code for marking one additional safety measure that clearly physical hazards. indicates that removal of the device from The requirements applicable to ship- the safe or off position is prohibited. Poten- yard employment under this section tially hazardous energy (such as that found are identical to the requirements set in capacitors, springs, elevated machine forth at 29 CFR 1910.144 of this chapter. members, rotating flywheels, hydraulic systems and air, gas, steam, or water pressure, § 1915.91 Accident prevention signs etc.) must be controlled by methods such as and tags. grounding, repositioning, blocking, bleeding down, etc. The requirements applicable to ship- llllllllllllllllllllllll yard employment under this section

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are identical to the requirements set hicles. The requirements of paragraphs forth at 29 CFR 1910.145 of this chapter. (b)(2), (b)(4), and (c)(2) of this section also apply to employee-provided motor § 1915.92 Retention of DOT markings, vehicles. placards, and labels. (3) Only the requirements of para- (a) Any employer who receives a graphs (b)(1) through (b)(3) apply to package of hazardous material that is powered industrial trucks, as defined in required to be marked, labeled, or plac- § 1910.178. The maintenance, inspection, arded in accordance with the U.S. De- operation, and training requirements partment of Transportation Hazardous in 29 CFR 1910.178 continue to apply to Materials Regulations (49 CFR parts powered industrial trucks used for 171 through 180) shall retain those shipyard employment. markings, labels, and placards on the (b) Motor vehicle safety equipment. (1) package until the packaging is suffi- The employer shall ensure that each ciently cleaned of residue and purged motor vehicle acquired or initially of vapors to remove any potential haz- used after August 1, 2011 is equipped ards. with a safety belt for each employee (b) Any employer who receives a operating or riding in the motor vehi- freight container, rail freight car, cle. This requirement does not apply to motor vehicle, or transport vehicle any motor vehicle that was not that is required to be marked or plac- equipped with safety belts at the time arded in accordance with the U.S. De- of manufacture. partment of Transportation Hazardous (2) The employer shall ensure that Materials Regulations shall retain each employee uses a safety belt, se- those markings and placards on the curely and tightly fastened, at all freight container, rail freight car, times while operating or riding in a motor vehicle, or transport vehicle motor vehicle. until the hazardous materials are suffi- (3) The employer shall ensure that ciently removed to prevent any poten- vehicle safety equipment is not re- tial hazards. moved from any employer-provided ve- (c) The employer shall maintain hicle. The employer shall replace safe- markings, placards, and labels in a ty equipment that is removed. manner that ensures that they are (4) The employer shall ensure that readily visible. each motor vehicle used to transport (d) For non-bulk packages that will an employee has firmly secured seats not be reshipped, the requirements of for each employee being transported this section are met if a label or other and that all employees being trans- acceptable marking is affixed in ac- ported are using such seats. cordance with 29 CFR 1910.1200, Hazard (c) Motor vehicle maintenance and op- Communication. eration. (1) The employer shall ensure (e) For the purposes of this section, that each motor vehicle is maintained the term ‘‘hazardous material’’ and in a serviceable and safe operating con- any other terms not defined in this sec- dition, and removed from service if it tion have the same definition as speci- is not in such condition. fied in the U.S. Department of Trans- (2) The employer shall ensure that, portation Hazardous Materials Regula- before a motor vehicle is operated, any tions. tools and materials being transported are secured if their movements may § 1915.93 Motor vehicle safety equip- create a hazard for employees. ment, operation and maintenance. (3) The employer shall implement (a) Application. (1) This section ap- measures to ensure that motor vehicle plies to any motor vehicle used to operators are able to see, and avoid transport employees, materials, or harming, pedestrians and bicyclists at property at worksites engaged in ship- shipyards. Measures that employers yard employment. This section does may implement to comply with this re- not apply to motor vehicle operation quirement include: on public streets and highways. (i) Establishing dedicated travel (2) The requirements of this section lanes for motor vehicles, bicyclists, apply to employer-provided motor ve- and pedestrians;

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(ii) Installing crosswalks and traffic scribed by the manufacturer that indi- control devices such as stop signs, mir- cate the recommended safe working rors at blind spots, or physical barriers load for the type(s) of hitch(es) used, to separate travel lanes; the angle upon which it is based, and (iii) Establishing appropriate speed the number of legs if more than one; limits for all motor vehicles; (2) Not be loaded in excess of its rec- (iv) Establishing ‘‘no drive’’ times to ommended safe working load as pre- allow for safe movement of pedes- scribed on the identification markings trians; by the manufacturer; and (v) Providing reflective vests or other (3) Not be used without affixed and gear so pedestrians and bicyclists are legible identification markings as re- clearly visible to motor vehicle opera- quired by paragraph (a)(1) of this sectors; (vi) Ensuring that bicycles have re- tion. flectors, lights, or other equipment to (b) Wire rope and wire-rope slings. (1) maximize visibility of the bicyclist; or Employers must ensure that wire rope (vii) Other measures that the em- and wire-rope slings: ployer can demonstrate are as effective (i) Have permanently affixed and leg- in protecting pedestrians and bicyclists ible identification markings as pre- as those measures specified in para- scribed by the manufacturer that indi- graphs (c)(3)(i) through (c)(3)(vi) of this cate the recommended safe working section. load for the type(s) of hitch(es) used, the angle upon which it is based, and § 1915.94 Servicing multi-piece and the number of legs if more than one; single-piece rim wheels. (ii) Not be loaded in excess of its rec- The requirements applicable to ship- ommended safe working load as pre- yard employment under this section scribed on the identification markings are identical to the requirements set by the manufacturer; and forth at 29 CFR 1910.177 of this chapter. (iii) Not be used without affixed and legible identification markings as re- Subpart G—Gear and Equipment quired by paragraph (b)(1)(i) of this sec- for Rigging and Materials tion. Handling (2) Protruding ends of strands in splices on slings and bridles shall be § 1915.111 Inspection. covered or blunted. The provisions of this section shall (3) When U-bolt wire rope clips are apply to ship repairing, shipbuilding used to form eyes, employers must use and shipbreaking. Table G–1 in § 1915.118 to determine the (a) All gear and equipment provided number and spacing of clips. Employers by the employer for rigging and mate- must apply the U-bolt so that the ‘‘U’’ rials handling shall be inspected before section is in contact with the dead end each shift and when necessary, at in- of the rope. tervals during its use to ensure that it (4) Wire rope shall not be secured by is safe. Defective gear shall be removed knots. and repaired or replaced before further use. (c) Chain and chain slings. (1) Employ- (b) The safe working load of gear as ers must ensure that chain and chain specified in §§ 1915.112 and 1915.113 shall slings: not be exceeded. (i) Have permanently affixed and legible identification markings as pre- § 1915.112 Ropes, chains and slings. scribed by the manufacturer that indi- The provisions of this section shall cate the recommended safe working apply to ship repairing, shipbuilding load for the type(s) of hitch(es) used, and shipbreaking. the angle upon which it is based, and (a) Manila rope and manila-rope slings. the number of legs if more than one; Employers must ensure that manila (ii) Not be loaded in excess of its rec- rope and manila-rope slings: ommended safe working load as pre- (1) Have permanently affixed and leg- scribed on the identification markings ible identification markings as pre- by the manufacturer; and

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(iii) Not be used without affixed and § 1915.113 Shackles and hooks. legible identification markings as re- The provisions of this section shall quired by paragraph (c)(1)(i) of this sec- apply to ship repairing, shipbuilding tion. and shipbreaking. (2) All sling chains, including end fas- (a) Shackles. Employers must ensure tenings, shall be given a visual inspec- that shackles: tion before being used on the job. A (1) Have permanently affixed and leg- thorough inspection of all chains in use ible identification markings as pre- shall be made every 3 months. Each scribed by the manufacturer that indi- chain shall bear an indication of the cate the recommended safe working month in which it was thoroughly in- load; spected. The thorough inspection shall (2) Not be loaded in excess of its rec- include inspection for wear, defective ommended safe working load as pre- welds, deformation and increase in scribed on the identification markings length or stretch. by the manufacturer; and (3) Not be used without affixed and (3) Employers must note interlink legible identification markings as re- wear, not accompanied by stretch in quired by paragraph (a)(1)(i) of this sec- excess of 5 percent, and remove the tion. chain from service when maximum al- (b) Hooks. (1) The manufacturer’s rec- lowable wear at any point of link, as ommendations shall be followed in de- indicated in Table G–2 in § 1915.118, has termining the safe working loads of the been reached. various sizes and types of specific and (4) Chain slings shall be removed identifiable hooks. All hooks for which from service when, due to stretch, the no applicable manufacturer’s rec- increase in length of a measured sec- ommendations are available shall be tion exceeds five (5) percent; when a tested to twice the intended safe work- link is bent, twisted or otherwise dam- ing load before they are initially put aged; or when raised scarfs or defective into use. The employer shall maintain welds appear. and keep readily available a certifi- (5) All repairs to chains shall be made cation record which includes the date of such tests, the signature of the per- under qualified supervision. Links or son who performed the test and an portions of the chain found to be defec- identifier for the hook which was test- tive as described in paragraph (c)(4) of ed. this section shall be replaced by links (2) Loads shall be applied to the having proper dimensions and made of throat of the hook since loading the material similar to that of the chain. point overstresses and bends or springs Before repaired chains are returned to the hook. service, they shall be proof tested to (3) Hooks shall be inspected periodi- the proof test load recommended by cally to see that they have not been the manufacturer. bent by overloading. Bent or sprung (6) Wrought iron chains in constant hooks shall not be used. use shall be annealed or normalized at [47 FR 16986, Apr. 20, 1982, as amended at 51 intervals not exceeding six months FR 34562, Sept. 29, 1986; 76 FR 33609, June 8, when recommended by the manufac- 2011] turer. The chain manufacturer shall be consulted for recommended procedures § 1915.114 Chain falls and pull-lifts. for annealing or normalizing. Alloy The provisions of this section shall chains shall never be annealed. apply to ship repairing, shipbuilding (7) A load shall not be lifted with a and shipbreaking. chain having a kink or knot in it. A (a) Chain falls and pull-lifts shall be chain shall not be shortened by bolt- clearly marked to show the capacity and the capacity shall not be exceeded. ing, wiring or knotting. (b) Chain falls shall be regularly in- [47 FR 16986, Apr. 20, 1982, as amended at 67 spected to ensure that they are safe, FR 44543, July 3, 2002; 76 FR 33609, June 8, particular attention being given to the 2011] lift chain, pinion, sheaves and hooks for distortion and wear. Pull-lifts shall

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be regularly inspected to ensure that the crane and fixed parts of the vessel they are safe, particular attention or of the crane itself. being given to the ratchet, pawl, chain (e) Marine railways. (1) The cradle or and hooks for distortion and wear. carriage on the marine railway shall be (c) Straps, shackles, and the beam or positively blocked or secured when in overhead structure to which a chain the hauled position to prevent it from fall or pull-lift is secured shall be of being accidentally released. adequate strength to support the [47 FR 16986, Apr. 20, 1982, as amended at 67 weight of load plus gear. The upper FR 44543, July 3, 2002] hook shall be moused or otherwise secured against coming free of its sup- § 1915.116 Use of gear. port. (a) The provisions of this section (d) Scaffolding shall not be used as a shall apply to ship repairing, ship- point of attachment for lifting devices building and shipbreaking except that such as tackles, chain falls, and pull- paragraphs (c) and (d) of this section lifts unless the scaffolding is specifi- shall apply to ship repairing and ship- cally designed for that purpose. building only. (b) Loads shall be safely rigged before § 1915.115 Hoisting and hauling equip- being hoisted. ment. (c) Plates shall be handled on and off The provisions of this section shall hulls by means of shackles whenever apply to ship repairing, shipbuilding possible. Clips or pads of ample size and shipbreaking. shall be welded to the plate to receive the shackle pins when there are no (a) Derrick and crane certification. (1) holes in the plate. When it is not pos- Derricks and cranes which are part of, sible to make holes in or to weld pads or regularly placed aboard barges, to the plate, alligator tongs, grab other vessels, or on wingwalls of float- clamps or screw clamps may be used. ing drydocks, and are used to transfer In such cases special precautions shall materials or equipment from or to a be taken to keep employees from under vessel or drydock, shall be tested and such lifts. certificated in accordance with the (d) Tag lines shall be provided on standards provided in part 1919 of this loads likely to swing or to need guid- title by persons accredited for the pur- ance. pose. (e) When slings are secured to eye- (b) The moving parts of hoisting and bolts, the slings shall be so arranged, hauling equipment shall be guarded. using spreaders if necessary, that the (c) Mobile crawler or truck cranes used pull is within 20 degrees of the axis of on a vessel. (1) The maximum manufac- the bolt. turer’s rated safe working loads for the (f) Slings shall be padded by means of various working radii of the boom and wood blocks or other suitable material the maximum and minimum radii at where they pass over sharpe edges or which the boom may be safely used corners of loads so as to prevent cut- with and without outriggers shall be ting or kinking. conspicuously posted near the controls (g) Skips shall be rigged to be han- and shall be visible to the operator. A dled by not less than 3 legged bridles, radius indicator shall be provided. and all legs shall always be used. When (2) The posted safe working loads of open end skips are used, means shall be mobile crawler or truck cranes under taken to prevent the contents from the conditions of use shall not be ex- falling. ceeded. (h) Loose ends of idle legs of slings in (d) Accessible areas within the swing use shall be hung on the hook. radius of the outermost part of the (i) Employees shall not be permitted body of a revolving derrick or crane, to ride the hook or the load. whether permanently or temporarily (j) Loads (tools, equipment or other mounted, shall be guarded in such a materials) shall not be swung or sus- manner as to prevent an employee pended over the heads of employees. from being in such a position as to be (k) Pieces of equipment or structure struck by the crane or caught between susceptible to falling or dislodgement

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shall be secured or removed as early as § 1915.117 Qualifications of operators. possible. Paragraphs (a) and (d) of this section (l) An individual who is familiar with shall apply to ship repairing and ship- the signal code in use shall be assigned building only. Paragraphs (b) and (c) of to act as a signalman when the hoist this section shall apply to ship repair- operator cannot see the load being han- ing, shipbuilding and shipbreaking. dled. Communications shall be made by (a) When ship’s gear is used to hoist means of clear and distinct visual or materials aboard, a competent person auditory signals except that verbal sig- shall determine that the gear is prop- nals shall not be permitted. erly rigged, that it is in safe condition, (m) Pallets, when used, shall be of and that it will not be overloaded by such material and contruction and so the size and weight of the lift. maintained as to safely support and (b) Only those employees who under- carry the loads being handled on them. stand the signs, notices, and operating (n) A section of hatch through which instructions, and are familiar with the materials or equipment are being signal code in use, shall be permitted raised, lowered, moved, or otherwise to operate a crane, winch, or other shifted manually or by a crane, winch, power operated hoisting apparatus. hoist, or derrick, shall be completely (c) No employee known to have defec- opened. The beam or pontoon left in tive uncorrected eyesight or hearing, place adjacent to an opening shall be or to be suffering from heart disease, sufficiently lashed, locked or otherwise epilepsy, or similar ailments which secured to prevent it from moving so may suddenly incapacitate him, shall that it cannot be displaced by accident. be permitted to operate a crane, winch (o) Hatches shall not be open or or other power operated hoisting appa- closed while employees are in the ratus. square of the hatch below. (d) No minor under eighteen (18) (p) Before loads or empty lifting gear years of age shall be employed in occu- are raised, lowered, or swung, clear and pations involving the operation of any sufficient advance warning shall be power-driven hoisting apparatus or as- given to employees in the vincinity of sisting in such operations by work such such operations. as hooking on, loading slings, rigging (q) At no time shall an employee be gear, etc. permitted to place himself in a hazardous position between a swinging § 1915.118 Tables. load and a fixed object. The provisions of this section apply [47 FR 16986, Apr. 20, 1982, as amended at 67 to ship repairing, shipbuilding and FR 44543, July 3, 2002] shipbreaking.

TABLE E–1—DIMENSIONS AND SPACING OF WOOD INDEPENDENT-POLE SCAFFOLD MEMBERS

Light duty (Up to 25 pounds per square Heavy duty (25 to 75 pounds per square Structural members foot)—Height in feet foot)—Height in feet ≤24 >24≤40 >40≤60 ≤24 >24≤40 >40≤60

Poles or uprights (in inches) ..... 2 × 4 3 × 4 or 2 × 6 4 × 4 3 × 4 4 × 4 4 × 6 Bearers (in inches) ...... 2 × 6 2 × 6 2 × 6 2 × 8 2 × 8 2 × 10 Ledgers (in inches) ...... 2 × 6 2 × 6 2 × 6 2 × 8 2 × 8 2 × 8 Stringers (not supporting bearers) (in inches) ...... 1 × 6 1 × 6 1 × 6 1 × 6 1 × 6 1 × 6 Braces (in inches) ...... 1 × 4 1 × 6 1 × 6 1 × 6 1 × 6 1 × 6 Pole spacing—longitudinally (in feet) ...... 71⁄2 71⁄2 71⁄2 7 7 7 Pole spacing—transversely (in feet) ...... 61⁄2 min 71⁄2 min 81⁄2 min 61⁄2 10 10 Ledger spacing—vertically (in feet) ...... 7 7 7 41⁄2 41⁄2 41⁄2

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TABLE E–2—SPECIFICATIONS FOR SIDE RAILS TABLE E–3—SPECIFICATIONS FOR THE OF LADDERS CONSTRUCTION OF HORSES

Cross section (in inches) Height in feet Length (in feet) Structural members At ends At center ≤10 >10≤16 16≤20 inches inches inches 15 ...... 17⁄8 × 23⁄4 17⁄8 × 33⁄4 Legs ...... 2 × 4 3 × 4 4 × 6 16 ...... 17⁄8 × 23⁄4 17⁄8 × 33⁄4 Bearers or headers 2 × 6 2 × 8 4 × 6 18 ...... 17⁄8 × 3 17⁄8 × 4 Crossbraces ...... 2 × 4 2 × 4 2 × 6 7 × 7 × 20 ...... 1 ⁄8 3 1 ⁄8 4 or 24 ...... 17⁄8 × 3 17⁄8 × 41⁄2 1 × 8 Longitudinal braces 2 × 4 2 × 6 2 × 6

TABLE E–4—SAFE CENTER LOADS FOR SCAFFOLD PLANK OF 1,100 POUNDS FIBRE STRESS

Lumber dimensions in inches Span in feet A B A B A B A B A B

2 × 10 15⁄8 × 91⁄2 2 × 12 15⁄8 × 111⁄2 3 × 8 25⁄8 × 71⁄2 3 × 10 25⁄8 × 91⁄2 3 × 12 25⁄8 × 111⁄2

6 ...... 256 309 526 667 807 8 ...... 192 232 395 500 605 10 ...... 153 186 316 400 484 12 ...... 128 155 263 333 404 14 ...... 110 133 225 286 346 16 ...... 116 197 250 303 (A)—Rough lumber. (B)—Dressed lumber.

TABLE G–1—NUMBER AND SPACING OF U-BOLT [47 FR 16986, Apr. 20, 1982, as amended at 61 WIRE ROPE CLIPS FR 26351, May 24, 1996; 67 FR 44543, July 3, 2002; 76 FR 33610, June 8, 2011] Number of clips Improved plow steel, Minimum § 1915.120 Powered industrial truck rope diameter, inches Drop Other spacing, forged material inches operator training. NOTE: The requirements applicable to ship- (1) ...... yard employment under this section are 1⁄2 ...... 3 4 3 identical to those set forth at § 1910.178(l) of 5 3 ⁄8 ...... 3 4 3 ⁄4 this chapter. 3⁄4 ...... 4 5 41⁄2 7⁄8 ...... 4 5 51⁄4 [63 FR 66274, Dec. 1, 1998] 1 ...... 4 6 6 11⁄8 ...... 5 6 63⁄4 Subpart H—Tools and Related 11⁄4 ...... 5 7 71⁄2 13⁄8 ...... 6 7 81⁄4 Equipment 11⁄2 ...... 6 8 9 § 1915.131 General precautions. 1 Three clips shall be used on wire size less than 1⁄2-inch diameter. The provisions of this section shall apply to ship repairing, shipbuilding TABLE G–2—MAXIMUM ALLOWABLE WEAR AT and shipbreaking. ANY POINT OF LINK (a) Hand lines, slings, tackles of adequate strength, or carriers such as tool Maximum allow- Chain size in inches able wear in frac- bags with shoulder straps shall be pro- tion of inches vided and used to handle tools, materials, and equipment so that employees 1⁄4(9⁄32) ...... 3⁄64 3⁄8 ...... 5⁄64 will have their hands free when using 1⁄2 ...... 7⁄64 ship’s ladders and access ladders. The 5⁄8 ...... 9⁄64 use of hose or electric cords for this 3⁄4 ...... 5⁄32 purpose is prohibited. 7⁄8 ...... 11⁄64 (b) When air tools of the recipro- 1 ...... 3⁄16 11⁄8 ...... 7⁄32 cating type are not in use, the dies and 11⁄4 ...... 1⁄4 tools shall be removed. 13⁄8 ...... 9⁄32 (c) All portable, power-driven cir- 11⁄2 ...... 5⁄16 cular saws shall be equipped with 3 11 1 ⁄4 ...... ⁄32 guards above and below the base plate

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or shoe. The upper guard shall cover rent to flow to cause the fuse or circuit the saw to the depth of the teeth, ex- breaker to interrupt the current. cept for the minimum arc required to (c) Portable electric tools which are permit the base to be tilted for bevel held in the hand shall be equipped with cuts. The lower guard shall cover the switches of a type which must be saw to the depth of the teeth, except manually held in the closed position. for the minimum arc required to allow (d) Worn or frayed electric cables proper retraction and contact with the shall not be used. work. When the tool is withdrawn from (e) The employer shall notify the of- the work, the lower guard shall auto- ficer in charge of the vessel before matically and instantly return to the using electric power tools operated covering position. with the vessel’s current. (d) The moving parts of machinery on a dry dock shall be guarded. § 1915.133 Hand tools. (e) Before use, pneumatic tools shall be secured to the extension hose or The provisions of this section shall whip by some positive means to pre- apply to ship repairing, shipbuilding vent the tool from becoming acciden- and shipbreaking. tally disconnected from the whip. (a) Employers shall not issue or per- (f) The moving parts of drive mecha- mit the use of unsafe hand tools. nisms, such as gearing and belting on (b) Wrenches, including crescent, large portable tools, shall be ade- pipe, end and socket wrenches, shall quately guarded. not be used when jaws are sprung to (g) Headers, manifolds and widely the point that slippage occurs. spaced hose connections on compressed (c) Impact tools, such as drift pins, air lines shall bear the word ‘‘air’’ in wedges, and chisels, shall be kept free letters at least 1-inch high, which shall of mushroomed heads. be painted either on the manifolds or (d) The wooden handles of tools shall separate hose connections, or on signs be kept free of splinters or cracks and permanently attached to the manifolds shall be kept tight in the tool. or connections. Grouped air connections may be marked in one location. § 1915.134 Abrasive wheels. (h) Before use, compressed air hose This section shall apply to ship re- shall be examined. Visibly damaged pairing, shipbuilding and shipbreaking. and unsafe hose shall not be used. (a) Floor stand and bench mounted [47 FR 16986, Apr. 20, 1982, as amended at 67 abrasive wheels used for external FR 44543, July 3, 2002] grinding shall be provided with safety guards (protection hoods). The max- § 1915.132 Portable electric tools. imum angular exposure of the grinding The provisions of this section shall wheel periphery and sides shall be not apply to ship repairing, shipbuilding more than 90 degrees, except that when and shipbreaking except that para- work requires contact with the wheel graph (e) of this section applies to ship below the horizontal plane of the spin- repairing only. dle, the angular exposure shall not ex- (a) The frames of portable electric ceed 125 degrees. In either case the ex- tools and appliances, except double in- posure shall begin not more than 65 de- sulated tools approved by Under- grees above the horizontal plane of the writers’ Laboratories, shall be ground- spindle. Safety guards shall be strong ed either through a third wire in the enough to withstand the effect of a cable containing the circuit conductors bursting wheel. or through a separate wire which is (b) Floor and bench mounted grinders grounded at the source of the current. shall be provided with work rests (b) Grounding circuits, other than by which are rigidly supported and readily means of the structure of the vessel on adjustable. Such work rests shall be which the tool is being used, shall be kept a distance not to exceed 1⁄8 inch checked to ensure that the circuit be- from the surface of the wheel. tween the ground and the grounded (c) Cup type wheels used for external power conductor has resistance which grinding shall be protected by either a is low enough to permit sufficient cur- revolving cup guard or a band type

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guard in accordance with the provi- (j) All employees using abrasive sions of the United States of America wheels shall be protected by eye pro- Standard Safety Code for the Use, tection equipment in accordance with Care, and Protection of Abrasive the requirements of subpart I of this Wheels, B7.1–1964. All other portable part except when adequate eye protec- abrasive wheels used for external tion is afforded by eye shields which grinding shall be provided with safety are permanently attached to the bench guards (protection hoods) meeting the or floor stand. requirements of paragraph (e) of this [47 FR 16986, Apr. 20, 1982, as amended at 61 section, except as follows: FR 26351, May 24, 1996; 67 FR 44543, July 3, (1) When the work location makes it 2002] impossible, in which case a wheel equipped with safety flanges as de- § 1915.135 Powder actuated fastening scribed in paragraph (f) of this section tools. shall be used. (a) The section shall apply to ship re- (2) When wheels 2 inches or less in di- pairing and shipbuilding only. ameter which are securely mounted on (b) General precautions. (1) Powder ac- the end of a steel mandrel are used. tuated fastening tools shall be tested (d) Portable abrasive wheels used for each day before loading to ensure that internal grinding shall be provided the safety devices are in proper work- with safety flanges (protection flanges) ing condition. Any tool found not to be meeting the requirements of paragraph in proper working order shall be imme- (f) of this section, except as follows: diately removed from service until re- (1) When wheels 2 inches or less in di- pairs are made. ameter which are securely mounted on (2) Powder actuated fastening tools the end of a steel mandrel are used. shall not be used in an explosive or (2) If the wheel is entirely within the flammable atmosphere. work being ground while in use. (3) All tools shall be used with the (e) When safety guards are required, type of shield or muzzle guard appro- they shall be so mounted as to main- priate for a particular use. tain proper alignment with the wheel, (4) Fasteners shall not be driven into and the guard and its fastenings shall very hard or brittle materials such as be of sufficient strength to retain frag- cast iron, glazed tile, surface hardened ments of the wheel in case of acci- steel, glass block, live rock, face brick dental breakage. The maximum angu- or hollow title. lar exposure of the grinding wheel pe- (5) Fasteners shall not be driven into riphery and sides shall not exceed 180 soft materials unless such materials degrees. are backed by a substance that will (f) When safety flanges are required, prevent the pin or fastener from pass- they shall be used only with wheels de- ing completely through and creating a signed to fit the flanges. Only safety flying missile hazard on the opposite flanges of a type and design and prop- side. erly assembled so as to insure that the (6) Unless a special guard, fixture or pieces of the wheel will be retained in jig is used, fasteners shall not be driven case of accidental breakage shall be directly into materials such as brick or used. concrete within 3 inches of the unsup- (g) All abrasive wheels shall be close- ported edge or corner, or into steel sur- ly inspected and ring tested before faces within 1⁄2 inch of the unsupported mounting to ensure that they are free edge or corner. When fastening other from cracks or defects. material, such as 2 × 4 inch lumber to (h) Grinding wheels shall fit freely on a concrete surface, fasteners of greater the spindle and shall not be forced on. than 7⁄32 inch shank diameter shall not The spindle nut shall be tightened only be used and fasteners shall not be driv- enough to hold the wheel in place. en within 2 inches of the unsupported (i) The power supply shall be suffi- edge or corner of the work surface. cient to maintain the rated spindle (7) Fasteners shall not be driven speed under all conditions of normal through existing holes unless a positive grinding. The rated maximum speed of guide is used to secure accurate align- the wheel shall not be exceeded. ment.

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(8) No attempt shall be made to drive through which it might enter the ves- a fastener into a spalled area caused by sel. an unsatisfactory fastening. (b) All exhaust line joints and con- (9) Employees using powder actuated nections shall be checked for tightness fastening tools shall be protected by immediately upon starting the engine, personal protective equipment in ac- and any leaks shall be corrected at cordance with the requirements of sub- once. part I of this part. (c) When internal combustion engines (c) Instruction of operators. Before em- on vehicles, such as forklifts and mo- ployees are permitted to use powder ac- bile cranes, or on portable equipment tuated tools, they shall have been thor- such as fans, generators, and pumps ex- oughly instructed by a competent per- haust into the atmosphere below decks, son with respect to the requirements of the competent person shall make tests paragraph (b) of this section and the of the carbon monoxide content of the safe use of such tools as follows: atmosphere as frequently as conditions (1) Before using a tool, the operator require to ensure that dangerous con- shall inspect it to determine that it is centrations do not develop. Employees clean, that all moving parts operate shall be removed from the compart- freely and that the barrel is free from ment involved when the carbon mon- obstructions. oxide concentration exceeds 50 parts per million (0.005%). The employer (2) When a tool develops a defect dur- shall use blowers sufficient in size and ing use, the operator shall immediately number and so arranged as to maintain cease to use it and shall notify his su- the concentration below this allowable pervisor. limit before work is resumed. (3) Tools shall not be loaded until just prior to the intended firing time and the tool shall not be left unat- Subpart I—Personal Protective tended while loaded. Equipment (PPE) (4) The tool, whether loaded or empty, shall not be pointed at any per- SOURCE: 61 FR 26352, May 24, 1996, unless son, and hands shall be kept clear of otherwise noted. the open barrel end. § 1915.151 Scope, application and defi- (5) In case of a misfire, the operator nitions. shall hold the tool in the operating position for at least 15 seconds and shall (a) Scope and application. This sub- continue to hold the muzzle against part applies to all work in shipyard the work surface during disassembly or employment regardless of geographic opening of the tool and removal of the location. powder load. (b) Definitions applicable to this sub- (6) Neither tools nor powder charges part. Anchorage means a secure point of shall be left unattended in places where attachment for lifelines, lanyards, or they would be available to unauthor- deceleration devices. ized persons. Body belt means a strap with means for both securing it about the waist [47 FR 16986, Apr. 20, 1982, as amended at 61 and attaching it to a lanyard, lifeline, FR 26351, May 24, 1996] or deceleration device. Body harness means straps which § 1915.136 Internal combustion en- may be secured about the employee in gines, other than ship’s equipment. a manner that will distribute the fall The provisions of this section shall arrest forces over at least the thighs, apply to ship repairing, shipbuilding shoulders, chest and pelvis with means and shipbreaking. for attaching it to other components of (a) When internal combustion en- a personal fall arrest system. gines furnished by the employer are Connector means a device which is used in a fixed position below decks, used to couple (connect) parts of a per- for such purposes as driving pumps, sonal fall arrest system or parts of a generators, and blowers, the exhaust positioning device system together. It shall be led to the open air, clear of may be an independent component of any ventilation intakes and openings the system, such as a carabiner, or it

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may be an integral component of part to an anchorage at one end to hang of the system (such as a buckle or D- vertically (vertical lifeline), or for con- ring sewn into a body belt or body har- nection to anchorages at both ends to ness or a snaphook spliced or sewn to a stretch horizontally (horizontal life- lanyard or self-retracting lanyard). line), and which serves as a means for Deceleration device means any mecha- connecting other components of a per- nism, such as a rope grab, ripstitch sonal fall arrest system to the anchor- lanyard, specially woven lanyard, tear- age. ing or deforming lanyard, or automatic Lower levels means those areas or sur- self-retracting lifeline/lanyard, which faces to which an employee can fall. serves to dissipate a substantial Such areas or surfaces include but are amount of energy during a fall arrest, not limited to ground levels, floors, or otherwise limit the energy imposed ramps, tanks, materials, water, exca- on an employee during fall arrest. vations, pits, vessels, structures, or Deceleration distance means the addi- portions thereof. tional vertical distance a falling em- Personal fall arrest system means a ployee travels, excluding lifeline elon- system used to arrest an employee in a gation and free fall distance, before fall from a working level. It consists of stopping, from the point at which the an anchorage, connectors, body belt or deceleration device begins to operate. body harness and may include a lan- It is measured as the distance between yard, a deceleration device, a lifeline, the location of an employee’s body belt or a suitable combination of these. As or body harness attachment point at of January 1, 1998, the use of a body the moment of activation (at the onset belt for fall arrest is prohibited. of fall arrest forces) of the deceleration Positioning device system means a body device during a fall, and the location of belt or body harness system rigged to that attachment point after the em- allow an employee to be supported at ployee comes to a full stop. an elevated vertical surface, such as a Equivalent means alternative designs, wall or window, and to be able to work materials, or methods to protect with both hands free while leaning. against a hazard which the employer Qualified person means a person who can demonstrate will provide an equal by possession of a recognized degree or or greater degree of safety for employ- certificate of professional standing, or ees than the method or item specified who, by extensive knowledge, training, in the standard. and experience, has successfully dem- Free fall means the act of falling be- onstrated the ability to solve or re- fore a personal fall arrest system be- solve problems related to the subject gins to apply force to arrest the fall. matter and work. Free fall distance means the vertical Restraint (tether) line means a line displacement of the fall arrest attach- from an anchorage, or between anchor- ment point on the employee’s body belt ages, to which the employee is secured or body harness between onset of the in such a way as to prevent the em- fall and just before the system begins ployee from walking or falling off an to apply force to arrest the fall. This elevated work surface. Note: A re- distance excludes deceleration dis- straint line is not necessarily designed tance, and lifeline/lanyard elongation, to withstand forces resulting from a but includes any deceleration device fall. slide distance or self-retracting life- Rope grab means a deceleration de- line/lanyard extension before the device which travels on a lifeline and vice operates and fall arrest forces automatically, by friction, engages the occur. lifeline and locks so as to arrest the Lanyard means a flexible line of rope, fall of an employee. A rope grab usu- wire rope, or strap which generally has ally employs the principle of inertial a connector at each end for connecting locking, cam/level locking or both. the body belt or body harness to a deceleration device, lifeline, or anchor- § 1915.152 General requirements. age. (a) Provision and use of equipment. The Lifeline means a component con- employer shall provide and shall ensure sisting of a flexible line for connection that each affected employee uses the

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appropriate personal protective equip- tioning device systems training is cov- ment (PPE) for the eyes, face, head, ex- ered in §§ 1915.159 and 1915.160). Each tremities, torso, and respiratory sys- employee shall be trained to under- tem, including protective clothing, stand at least the following: protective shields, protective barriers, (i) When PPE is necessary; personal fall protection equipment, and (ii) What PPE is necessary; life saving equipment, meeting the ap- (iii) How to properly don, doff, ad- plicable provisions of this subpart, just, and wear PPE; wherever employees are exposed to (iv) The limitations of the PPE; and, work activity hazards that require the use of PPE. (v) The proper care, maintenance, (b) Hazard assessment and equipment. useful life and disposal of the PPE. The employer shall assess its work ac- (2) The employer shall ensure that tivity to determine whether there are each affected employee demonstrates hazards present, or likely to be the ability to use PPE properly before present, which necessitate the employ- being allowed to perform work requir- ee’s use of PPE. If such hazards are ing the use of PPE. present, or likely to be present, the (3) The employer shall retrain any employer shall: employee who does not understand or (1) Select the type of PPE that will display the skills required by para- protect the affected employee from the graph (e)(2) of this section. Cir- hazards identified in the occupational cumstances where retraining is re- hazard assessment; quired include, but are not limited to, (2) Communicate selection decisions situations where: to affected employees; (i) Changes in occupation or work (3) Select PPE that properly fits each render previous training obsolete; or affected employee; and (ii) Changes in the types of PPE to be (4) Verify that the required occupa- used render previous training obsolete; tional hazard assessment has been performed through a document that con- or tains the following information: occu- (iii) Inadequacies in an affected em- pation, the date(s) of the hazard assess- ployee’s knowledge or use of assigned ment, and the name of the person per- PPE indicate that the employee has forming the hazard assessment. not retained the requisite understanding or skill. NOTE 1 TO PARAGRAPH (b): A hazard assess- (f) Payment for protective equipment conducted according to the trade or occupation of affected employees will be con- ment. (1) Except as provided by para- sidered to comply with paragraph (b) of this graphs (f)(2) through (f)(6) of this sec- section, if the assessment addresses any tion, the protective equipment, includ- PPE-related hazards to which employees are ing personal protective equipment exposed in the course of their work activi- (PPE), used to comply with this part, ties. shall be provided by the employer at no NOTE 2 TO PARAGRAPH (b): Non-mandatory appendix A to this subpart contains exam- cost to employees. ples of procedures that will comply with the (2) The employer is not required to requirement for an occupational hazard as- pay for non-specialty safety-toe protec- sessment. tive footwear (including steel-toe shoes (c) Defective and damaged equipment. or steel-toe boots) and non-specialty Defective or damaged PPE shall not be prescription safety eyewear, provided used. that the employer permits such items (d) Reissued equipment. The employer to be worn off the job-site. shall ensure that all unsanitary PPE, (3) When the employer provides including that which has been used by metatarsal guards and allows the em- employees, be cleaned and disinfected ployee, at his or her request, to use before it is reissued. shoes or boots with built-in metatarsal (e) Training. (1) The employer shall protection, the employer is not re- provide training to each employee who quired to reimburse the employee for is required, by this section, to use PPE the shoes or boots. (exception: training in the use of per- (4) The employer is not required to sonal fall arrest systems and posi- pay for:

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(i) Everyday clothing, such as long- employee uses appropriate eye or face sleeve shirts, long pants, street shoes, protection where there are exposures and normal work boots; or to eye or face hazards caused by flying (ii) Ordinary clothing, skin creams, particles, molten metal, liquid chemi- or other items, used solely for protec- cals, acid or caustic liquids, chemical tion from weather, such as winter gases or vapors, or potentially inju- coats, jackets, gloves, parkas, rubber rious light radiation. boots, hats, raincoats, ordinary sun- (2) The employer shall ensure that glasses, and sunscreen. each affected employee uses eye or face (5) The employer must pay for replacement PPE, except when the em- protection that provides side protec- ployee has lost or intentionally dam- tion when there is a hazard from flying aged the PPE. objects. Detachable side protectors (6) Where an employee provides ap- (e.g., a clip-on or slide-on side shield) propriate protective equipment he or meeting the pertinent requirements of she owns, the employer may allow the this section are acceptable. employee to use it and is not required (3) The employer shall ensure that to reimburse the employee for that each affected employee who wears pre- equipment. The employer shall not re- scription lenses while engaged in oper- quire an employee to provide or pay for ations that involve eye hazards wears his or her own PPE, unless the PPE is eye protection that incorporates the excepted by paragraphs (f)(2) through prescription in its design, unless the (f)(5) of this section. employee is protected by eye protec- (7) This paragraph (f) shall become tion that can be worn over prescription effective on February 13, 2008. Employ- lenses without disturbing the proper ers must implement the PPE payment position of either the PPE or the pre- requirements no later than May 15, scription lenses. 2008. (4) The employer shall ensure that NOTE TO § 1915.152(f): When the provisions of each affected employee uses equipment another OSHA standard specify whether or with filter lenses that have a shade not the employer must pay for specific equipment, the payment provisions of that number that provides appropriate pro- standard shall prevail. tection from injurious light radiation. Table I–1 is a listing of appropriate [61 FR 26352, May 24, 1996; 61 FR 29957, June 13, 1996, as amended at 67 FR 44543, July 3, shade numbers for various operations. 2002; 72 FR 64428, Nov. 15, 2007; 76 FR 33610, If filter lenses are used in goggles worn June 8, 2011] under a helmet which has a lens, the shade number of the lens in the helmet § 1915.153 Eye and face protection. may be reduced so that the shade num- (a) General requirements. (1) The em- bers of the two lenses will equal the ployer shall ensure that each affected value as shown in Table I–1, § 1915.153.

TABLE I–1—FILTER LENSES FOR PROTECTION AGAINST RADIANT ENERGY

Minimum Operations Electrode size 1⁄32 in. Arc current protective shade

Shielded metal arc welding ...... Less than 3 ...... Less than ...... 7 3–5 ...... 60 ...... 8 5–8 ...... 60–160 ...... 10 More than 8 ...... 160–250 ...... 11 ...... 250–550 ...... Gas metal arc welding and flux ...... Less than ...... 7 cored arc welding...... 60 ...... 10 ...... 60–160 ...... 10 ...... 160–250 ...... 10 ...... 250–500 ...... Gas Tungsten arc welding ...... Less than ...... 8 ...... 50 ...... 8 ...... 50–150 ...... 10 ...... 150–500 ...... Air carbon ...... (Light) ...... Less than ...... 10 Arc cutting ...... (Heavy) ...... 500 ...... 11

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TABLE I–1—FILTER LENSES FOR PROTECTION AGAINST RADIANT ENERGY—Continued

Minimum Operations Electrode size 1⁄32 in. Arc current protective shade

500–1000 ...... Plasma arc welding ...... Less than ...... 6 ...... 20 ...... 8 ...... 20¥ ...... 10 ...... 100 ...... 11 ...... 100¥ ...... 400 ...... 400¥ ...... 800 ...... Plasma arc cutting ...... (light)** ...... Less than 300 ...... 8 (medium)** ...... 300–400 ...... 9 (heavy)** ...... 400–800 ...... 10 Torch brazing ...... 3 Torch soldering ...... 2 Carbon Arc welding ...... 14 ** These values apply where the actual arc is clearly seen. Lighter filters may be used when the arc is hidden by the workpiece.

FILTER LENSES FOR PROTECTION AGAINST RADIANT ENERGY

Minimum* Operations Plate thickness—inches Plate thickness—mm protective shade

Gas welding: Light ...... Under 1⁄8 ...... Under 3.2 ...... 4 Medium ...... 1⁄8 to 1⁄2 ...... 3.2 to 12.7 ...... 5 Heavy ...... Over 1⁄2 ...... Over 12.7 ...... 6 Oxygen cutting Light ...... Under 1 ...... Under 25 ...... 3 Medium ...... 1 to 6 ...... 25 to 150 ...... 4 Heavy ...... Over 6 ...... Over 150 ...... 5 * As a rule of thumb, start with a shade that is too dark to see the weld zone. Then go to a lighter shade which gives sufficient view of the weld zone without going below the minimum. In oxyfuel gas welding or cutting where the torch produces a high yellow light, it is desirable to use a filter lens that absorbs the yellow or sodium line in the visible light of the (spectrum) operation.

(b) Criteria for protective eye and face deemed to be in compliance with the devices. (1) Protective eye and face pro- requirements of this section. tection devices must comply with any [61 FR 26352, May 24, 1996,, as amended at 74 of the following consensus standards: FR 46358, Sept. 9, 2009; 81 FR 16091, Mar. 25, (i) ANSI/ISEA Z87.1–2010, Occupa- 2016] tional and Educational Personal Eye and Face Protection Devices, incor- § 1915.154 Respiratory protection. porated by reference in § 1915.5; Respiratory protection for shipyard (ii) ANSI Z87.1–2003, Occupational employment is covered by 29 CFR and Educational Personal Eye and 1910.134. Face Protection Devices, incorporated by reference in § 1915.5; or § 1915.155 Head protection. (iii) ANSI Z87.1–1989 (R–1998), Prac- (a) Use. (1) The employer shall ensure tice for Occupational and Educational that each affected employee wears a Eye and Face Protection, incorporated protective helmet when working in by reference in § 1915.5; areas where there is a potential for in- (2) Eye and face protection devices jury to the head from falling objects. that the employer demonstrates are at (2) The employer shall ensure that least as effective as protective as eye each affected employee wears a protec- and face protection devices that are tive helmet designed to reduce elec- constructed in accordance with one of trical shock hazards where there is po- the above consensus standards will be tential for electric shock or burns due to contact with exposed electrical conductors which could contact the head.

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(b) Criteria for protective helmets. (1) constructed in accordance with one of Head protection must comply with any the above consensus standards will be of the following consensus standards: deemed to be in compliance with the (i) American National Standards In- requirements of this section. stitute (ANSI) Z89.1–2009, ‘‘American [61 FR 26352, May 24, 1996,, as amended at 74 National Standard for Industrial Head FR 46358, Sept. 9, 2009] Protection,’’ incorporated by reference in § 1915.5; § 1915.157 Hand and body protection. (ii) American National Standards In- (a) Use. The employer shall ensure stitute (ANSI) Z89.1–2003, ‘‘American that each affected employee uses ap- National Standard for Industrial Head propriate hand protection and other Protection,’’ incorporated by reference protective clothing where there is ex- in § 1915.5; or posure to hazards such as skin absorp- (iii) American National Standards In- tion of harmful substances, severe cuts stitute (ANSI) Z89.1–1997, ‘‘American or lacerations, severe abrasions, punc- National Standard for Personnel Pro- tures, chemical burns, thermal burns, tection—Protective Headwear for In- harmful temperature extremes, and dustrial Workers—Requirements,’’ in- sharp objects. corporated by reference in § 1915.5. (b) Hot work operations. The employer (2) Head protection devices that the shall ensure that no employee wears employer demonstrates are at least as clothing impregnated or covered in full effective as head protection devices or in part with flammable or combus- that are constructed in accordance tible materials (such as grease or oil) with one of the above consensus stand- while engaged in hot work operations ards will be deemed to be in compli- or working near an ignition source. ance with the requirements of this sec- (c) Electrical protective devices. The tion. employer shall ensure that each af- [61 FR 26352, May 24, 1996,, as amended at 74 fected employee wears protective elec- FR 46358, Sept. 9, 2009; 77 FR 37599, June 22, trical insulating gloves and sleeves or 2012] other electrical protective equipment, if that employee is exposed to elec- § 1915.156 Foot protection. trical shock hazards while working on (a) Use. The employer shall ensure electrical equipment. that each affected employee wears protective footwear when working in areas § 1915.158 Lifesaving equipment. where there is a danger of foot injuries (a) Personal flotation devices. (1) PFDs due to falling or rolling objects or ob- (life preservers, life jackets, or work jects piercing the sole. vests) worn by each affected employee (b) Criteria for protective footwear. (1) must be United States Coast Guard Protective footwear must comply with (USCG) approved pursuant to 46 CFR any of the following consensus stand- part 160 (Type I, II, III, or V PFD) and ards: marked for use as a work vest, for com- (i) ASTM F–2412–2005, ‘‘Standard Test mercial use, or for use on vessels. Methods for Foot Protection,’’ and USCG approval is pursuant to 46 CFR ASTM F–2413–2005, ‘‘Standard Speci- part 160, Coast Guard Lifesaving Equip- fication for Performance Requirements ment Specifications. for Protective Footwear,’’ which are (2) Prior to each use, personal floata- incorporated by reference in § 1915.5; tion devices shall be inspected for dry (ii) ANSI Z41–1999, ‘‘American Na- rot, chemical damage, or other defects tional Standard for Personal Protec- which may affect their strength and tion—Protective Footwear,’’ which is buoyancy. Defective personal floata- incorporated by reference in § 1915.5; or tion devices shall not be used. (iii) ANSI Z41–1991, ‘‘American Na- (b) Ring life buoys and ladders. (1) tional Standard for Personal Protec- When work is being performed on a tion—Protective Footwear,’’ which is floating vessel 200 feet (61 m) or more incorporated by reference in § 1915.5. in length, at least three 30-inch (0.76 m) (2) Protective footwear that the em- U.S. Coast Guard approved ring life ployer demonstrates is at least as ef- buoys with lines attached shall be lo- fective as protective footwear that is cated in readily visible and accessible

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places. Ring life buoys shall be located signed and used to prevent disengage- one forward, one aft, and one at the ac- ment of the snap-hook by contact of cess to the gangway. the snaphook keeper by the connected (2) On floating vessels under 200 feet member. (61 m) in length, at least one 30-inch (6) Snaphooks, unless of a locking (0.76 m) U.S. Coast Guard approved ring type designed and used to prevent dis- life buoy with line attached shall be lo- engagement from the following connec- cated at the gangway. tions, shall not be engaged: (3) At least one 30-inch (0.76 m) U. S. (i) Directly to webbing, rope or wire Coast Guard approved ring life buoy rope; with a line attached shall be located on (ii) To each other; each staging alongside of a floating (iii) To a D-ring to which another vessel on which work is being per- snaphook or other connector is at- formed. tached; (4) At least 90 feet (27.43m) of line (iv) To a horizontal lifeline; or shall be attached to each ring life buoy. (v) To any object that is incom- (5) There shall be at least one port- patibly shaped or dimensioned in rela- able or permanent ladder in the vicin- tion to the snaphook such that unin- ity of each floating vessel on which tentional disengagement could occur work is being performed. The ladder by the connected object being able to shall be of sufficient length to assist depress the snaphook keeper and re- employees to reach safety in the event lease itself. they fall into the water. (7) On suspended scaffolds or similar work platforms with horizontal life- [61 FR 26352, May 24, 1996, as amended at 67 lines that may become vertical life- FR 44543, July 3, 2002] lines, the devices used for connection § 1915.159 Personal fall arrest systems to the horizontal lifeline shall be capa- (PFAS). ble of locking in any direction on the lifeline. The criteria of this section apply to (8) Anchorages used for attachment PFAS and their use. Effective January of personal fall arrest equipment shall 1, 1998, body belts and non-locking be independent of any anchorage being snaphooks are not acceptable as part of used to support or suspend platforms. a personal fall arrest system. (a) Criteria for connectors and anchor- (9) Anchorages shall be capable of ages. (1) Connectors shall be made of supporting at least 5,000 pounds (22.24 drop forged, pressed, or formed steel or Kn) per employee attached, or shall be shall be made of materials with equiva- designed, installed, and used as follows: lent strength. (i) As part of a complete personal fall (2) Connectors shall have a corrosion- arrest system which maintains a safety resistant finish, and all surfaces and factor of at least two; and edges shall be smooth to prevent dam- (ii) Under the direction and super- age to the interfacing parts of the sys- vision of a qualified person. tem. (b) Criteria for lifelines, lanyards, and (3) D-rings and snaphooks shall be ca- personal fall arrest systems. (1) When pable of sustaining a minimum tensile vertical lifelines are used, each em- load of 5,000 pounds (22.24 Kn). ployee shall be provided with a sepa- (4) D-rings and snaphooks shall be rate lifeline. proof-tested to a minimum tensile load (2) Vertical lifelines and lanyards of 3,600 pounds (16 Kn) without crack- shall have a minimum tensile strength ing, breaking, or being permanently de- of 5,000 pounds (22.24 Kn). formed. (3) Self-retracting lifelines and lan- (5) Snaphooks shall be sized to be yards that automatically limit free fall compatible with the member to which distances to 2 feet (0.61 m) or less shall they are connected to prevent uninten- be capable of sustaining a minimum tional disengagement of the snaphook tensile load of 3,000 pounds (13.34 Kn) caused by depression of the snaphook applied to a self-retracting lifeline or keeper by the connected member, or lanyard with the lifeline or lanyard in shall be of a locking type that is de- the fully extended position.

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(4) Self-retracting lifelines and lan- free fall distance is limited to less than yards which do not limit free fall dis- 20 inches (50.8 cm), the attachment tance to 2 feet (0.61 m) or less, ripstitch point may be located in the chest posi- lanyards and tearing and deforming tion; and lanyards shall be capable of sustaining (ii) The attachment point of a body a minimum static tensile load of 5,000 belt shall be located in the center of pounds (22.24 Kn) applied to the device the wearer’s back. when they are in the fully extended po- (2) Ropes and straps (webbing) used sition. in lanyards, lifelines and strength com- (5) Horizontal lifelines shall be de- ponents of body belts and body har- signed, installed, and used under the nesses shall be made from synthetic fi- supervision of a qualified person, and bers or wire rope. shall only be used as part of a complete (3) Ropes, belts, harnesses, and lan- personal fall arrest system that main- yards shall be compatible with their tains a safety factor of at least two. hardware. (6) Effective November 20, 1996, per- (4) Lifelines and lanyards shall be sonal fall arrest systems shall: protected against cuts, abrasions, (i) Limit the maximum arresting burns from hot work operations and de- force on a falling employee to 900 terioration by acids, solvents, and pounds (4 Kn) when used with a body other chemicals. belt; (5) Personal fall arrest systems shall (ii) Limit the maximum arresting be inspected prior to each use for mil- force on a falling employee to 1,800 dew, wear, damage, and other deterio- pounds (8 Kn) when used with a body ration. Defective components shall be harness; removed from service. (iii) Bring a falling employee to a (6) Personal fall arrest systems and complete stop and limit the maximum components subjected to impact load- deceleration distance an employee ing shall be immediately removed from travels to 3.5 feet (1.07 m), and service and shall not be used again for (iv) Have sufficient strength to with- employee protection until inspected stand twice the potential impact en- and determined by a qualified person to ergy of an employee free falling a dis- be undamaged and suitable for reuse. tance of 6 feet (1.83 m), or the free fall (7) The employer shall provide for distance permitted by the system, prompt rescue of employees in the whichever is less; event of a fall or shall ensure that em- NOTE TO PARAGRAPH (b)(6) OF THIS SECTION: ployees are able to rescue themselves. A personal fall arrest system which meets (8) Body belts shall be at least one the criteria and protocols contained in ap- and five-eighths inches (4.13 cm) wide. pendix B, is considered to comply with para- (9) Personal fall arrest systems and graph (b)(6). If the combined tool and body components shall be used only for em- weight is 310 pounds (140.62 kg) or more, sys- ployee fall protection and not to hoist tems that meet the criteria and protocols materials. contained in appendix B will be deemed to comply with the provisions of paragraph (d) Training. Before using personal (b)(6) only if they are modified appropriately fall arrest equipment, each affected to provide protection for the extra weight of employee shall be trained to under- the employee and tools. stand the application limits of the (7) Personal fall arrest systems shall equipment and proper hook-up, anchor- be rigged such that an employee can ing, and tie-off techniques. Affected neither free fall more than 6 feet (1.83 employees shall also be trained so that m) nor contact any lower level. they can demonstrate the proper use, (c) Criteria for selection, use and care of inspection, and storage of their equip- systems and system components. (1) Lan- ment. yards shall be attached to employees [61 FR 26352, May 24, 1996, as amended at 67 using personal fall arrest systems, as FR 44544, July 3, 2002] follows: (i) The attachment point of a body § 1915.160 Positioning device systems. harness shall be located in the center Positioning device systems and their of the wearer’s back near the shoulder use shall conform to the following pro- level, or above the wearer’s head. If the visions:

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(a) Criteria for connectors and anchor- service and shall not be used again for ages. (1) Connectors shall have a corro- employee protection, unless inspected sion-resistant finish, and all surfaces and determined by a qualified person to and edges shall be smooth to prevent be undamaged and suitable for reuse. damage to interfacing parts of this sys- (d) Training. Before using a posi- tem. tioning device system, employees shall (2) Connecting assemblies shall have be trained in the application limits, a minimum tensile strength of 5,000 proper hook-up, anchoring and tie-off pounds (22.24 Kn). techniques, methods of use, inspection, (3) Positioning device systems shall and storage of positioning device sys- be secured to an anchorage capable of tems. supporting at least twice the potential impact load of an employee’s fall. [61 FR 26352, May 24, 1996, as amended at 67 FR 44544, July 3, 2002] (4) Snaphooks, unless each is of a locking type designed and used to pre- APPENDIX A TO SUBPART I OF PART vent disengagement, shall not be con- 1915—NON-MANDATORY GUIDELINES nected to each other. As of January 1, FOR HAZARD ASSESSMENT, PER- 1998, only locking type snaphooks shall SONAL PROTECTIVE EQUIPMENT be used in positioning device systems. (PPE) SELECTION, AND PPE TRAIN- (b) Criteria for positioning device sys- ING PROGRAM tems. (1) Restraint (tether) lines shall have a minimum breaking strength of This appendix is intended to provide com- 3,000 pounds (13.34 Kn). pliance assistance for hazard assessment, se- (2) The following system performance lection of personal protective equipment criteria for positioning device systems (PPE) and PPE training. It neither adds to or detracts from the employer’s responsi- are effective November 20, 1996: bility to comply with the provisions of this (i) A window cleaner’s positioning subpart. system shall be capable of with- 1. Controlling hazards. Employers and em- standing without failure a drop test ployees should not rely exclusively on PPE consisting of a 6 foot (1.83 m) drop of a for protection from hazards. PPE should be 250-pound (113.4 kg) weight. The system used, where appropriate, in conjunction with shall limit the initial arresting force to engineering controls, guards, and safe work not more than 2,000 pounds (8.9 Kn), practices and procedures. 2. Assessment and selection. Employers need with a duration not to exceed 2 milli- to consider certain general guidelines for as- seconds. The system shall limit any sessing the hazardous situations that are subsequent arresting forces imposed on likely to arise under foreseeable work activ- the falling employee to not more than ity conditions and to match employee PPE 1,000 pounds (4.45 Kn); to the identified hazards. The employer (ii) All other positioning device sys- should designate a safety officer or some tems shall be capable of withstanding other qualified person to exercise common without failure a drop test consisting sense and appropriate expertise to assess work activity hazards and select PPE. of a 4 foot (1.22 m) drop of a 250-pound 3. Assessment guidelines. In order to assess (113.4 kg) weight. the need for PPE the following steps should NOTE TO PARAGRAPH (b)(2) OF THIS SECTION: be taken: Positioning device systems which comply a. Survey. Conduct a walk-through survey with the provisions of section 2 of non-man- of the area in question to identify sources of datory appendix B to this subpart shall be hazards. deemed to meet the requirements of this Categories for Consideration: paragraph (b)(2). (1) Impact (2) Penetration (c) Criteria for the use and care of posi- (3) Compression (roll-over) tioning device systems. (1) Positioning (4) Chemical device systems shall be inspected be- (5) Heat fore each use for mildew, wear, dam- (6) Harmful dust age, and other deterioration. Defective (7) Light (optical) radiation components shall be removed from (8) Drowning (9) Falling service. b. Sources. During the walk-through survey (2) A positioning device system or the safety officer should observe: component subjected to impact loading (1) Sources of motion; for example, ma- shall be immediately removed from chinery or processes where any movement of

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tools, machine elements or particles could 5. Fitting the device. Careful consideration exist, or movement of personnel that could must be given to comfort and fit. The em- result in collision with stationary objects. ployee will be most likely to wear the pro- (2) Sources of high temperatures that could tective device if it fits comfortably. PPE result in burns, eye injury or ignition of pro- that does not fit properly may not provide tective equipment. the necessary protection, and may create (3) Types of chemical exposures. other problems for wearers. Generally, pro- (4) Sources of harmful dust. tective devices are available in a variety of (5) Sources of light radiation, for instance, sizes and choices. Therefore employers welding, brazing, cutting, heat treating, fur- should be careful to select the appropriate naces, and high intensity lights. sized PPE. (6) Sources of falling objects or potential 6. Devices with adjustable features. (a) Ad- for dropping objects. justments should be made on an individual (7) Sources of sharp objects which might basis so the wearer will have a comfortable pierce or cut the hands. (8) Sources of rolling or pinching objects fit that maintains the protective device in which could crush the feet. the proper position. Particular care should (9) Layout of work place and location of be taken in fitting devices for eye protection co-workers. against dust and chemical splash to ensure (10) Any electrical hazards. that the seal is appropriate for the face. (11) Review injury/accident data to help (b) In addition, proper fitting of hard hats identify problem areas. is important to ensure that the hard hat will Organize data. Following the walk-through not fall off during work operations. In some survey, it is necessary to organize the data cases a chin strap may be necessary to keep and other information obtained. That mate- the hard hat on an employee’s head. (Chin rial provides the basis for hazard assessment straps should break at a reasonably low force that enables the employer to select the ap- to prevent a strangulation hazard). Where propriate PPE. manufacturer’s instructions are available, d. Analyze data. Having gathered and orga- they should be followed carefully. nized data regarding a particular occupation, 7. Reassessment of hazards. Compliance with employers need to estimate the potential for the hazard assessment requirements of injuries. Each of the identified hazards (see § 1915.152(b) will involve the reassessment of paragraph 3.a.) should be reviewed and clas- work activities where changing cir- sified as to its type, the level of risk, and the cumstances make it necessary. a. The em- seriousness of any potential injury. Where it ployer should have a safety officer or other is foreseeable that an employee could be ex- qualified person reassess the hazards of the posed to several hazards simultaneously, the work activity area as necessary. This reas- consequences of such exposure should be con- sessment should take into account changes sidered. in the workplace or work practices, such as 4. Selection guidelines. After completion of those associated with the installation of new the procedures in paragraph 3, the general equipment, and the lessons learned from re- procedure for selection of protective equip- viewing accident records, and a reevaluation ment is to: performed to determine the suitability of (a) become familiar with the potential haz- PPE selected for use. ards and the types of protective equipment that are available, and what they can do; for 8. Selection chart guidelines for eye and face example, splash protection, and impact pro- protection. Examples of occupations for tection; which eye protection should be routinely (b) compare the hazards associated with considered are carpenters, engineers, copper- the environment; for instance, impact ve- smiths, instrument technicians, insulators, locities, masses, projectile shapes, radiation electricians, machinists, mobile equipment intensities, with the capabilities of the mechanics and repairers, plumbers and ship available protective equipment; fitters, sheet metal workers and tinsmiths, (c) select the protective equipment which grinding equipment operators, machine oper- ensures a level of protection greater than the ators, welders, boiler workers, painters, la- minimum required to protect employees borers, grit blasters, ship fitters and burners. from the hazards; and This is not a complete list of occupations (d) fit the user with the protective device that require the use of eye protection. The and give instructions on care and use of the following chart provides general guidance for PPE. It is very important that users be made the proper selection of eye and face protec- aware of all warning labels and limitations tion to protect against hazards associated of their PPE. with the listed hazard ‘‘source’’ operations.

EYE AND FACE PROTECTION SELECTION CHART

Source Assessment of hazard Protection

Impact:

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EYE AND FACE PROTECTION SELECTION CHART—Continued

Source Assessment of hazard Protection

Chipping, grinding machining, masonry Flying fragments, ob- Spectacles with side protection, goggles, face work, woodworking, sawing, drilling, jects, large chips, par- shields. See notes (1), (3), (5), (6), (10). For chiseling, powered fastening, riveting, ticles, sand, dirt, etc. severe exposure, use face shield. and sanding. Heat: Furnace operations, pouring, casting, hot Hot sparks ...... Face shields, goggles, spectacles with side pro- dipping, and welding. tection. For severe exposure use face shield. See notes (1), (2), (3). Splash from molten met- Face shields worn over goggles. See notes (1), als. (2), (3). High temperature expo- Screen face shields, reflective face shields. See sure. notes (1), (2), (3). Chemicals: Acid and chemicals handling, degreasing, Splash ...... Goggles, eyecup and cover types. For severe plating. exposure, use face shield. See notes (3), (11). Irritating mists ...... Special-purpose goggles. Dust: Woodworking, buffing, general dusty con- Nuisance dust ...... Goggles, eyecup and cover types. See note (8). ditions. Light and/or Radiation: Welding: Electric arc ...... Optical radiation...... Welding helmets or welding shields. Typical shades: 10–14. See notes (9), (12). Welding: Gas ...... Optical radiation ...... Welding goggles or welding face shield. Typical shades: gas welding 4–8, cutting 3–6, brazing 3–4. See note (9). Cutting, Torch brazing, Torch soldering ... Optical radiation ...... Spectacles or welding face-shield. Typical shades, 1.5–3. See notes (3), (9). Glare ...... Poor vision...... Spectacles with shaded or special-purpose lenses, as suitable. See notes (9), (10).

NOTES TO EYE AND FACE PROTECTION (g) Caution should be exercised in the use SELECTION CHART of metal frame protective devices in electrical hazard areas. (a) Care should be taken to recognize the (h) Atmospheric conditions and the re- possibility of multiple and simultaneous ex- stricted ventilation of the protector can posure to a variety of hazards. Adequate pro- cause lenses to fog. Frequent cleansing may tection against the highest level of each of be necessary. the hazards should be provided. Protective (i) Welding helmets or face shields should devices do not provide unlimited protection. be used only over primary eye protection (b) Operations involving heat may also in- (spectacles or goggles). volve light radiation. As required by the (j) Non-side shield spectacles are available standard, protection from both hazards must for frontal protection only, but are not ac- be provided. ceptable eye protection for the sources and operations listed for ‘‘impact.’’ (c) Face shields should only be worn over (k) Ventilation should be adequate, but primary eye protection (spectacles or gog- well protected from splash entry. Eye and gles). face protection should be designed and used (d) As required by the standard, filter so that it provides both adequate ventilation lenses must meet the requirements for shade and protects the wearer from splash entry. designations in § 1915.153(a)(4). Tinted and (l) Protection from light radiation is di- shaded lenses are not filter lenses unless rectly related to filter lens density. See note they are marked or identified as such. (d). Select the darkest shade that allows (e) As required by the standard, persons task performance. whose vision requires the use of prescription 9. Selection guidelines for head protection. (a) (Rx) lenses must wear either protective de- Hard hats are designed to provide protection vices fitted with prescription (Rx) lenses or from impact and penetration hazards caused protective devices designed to be worn over by falling objects. Head protection is also regular prescription (Rx) eye wear. available which provides protection from electric shock and burn. When selecting head (f) Wearers of contact lenses must also protection, knowledge of potential electrical wear appropriate eye and face protection de- hazards is important. Class A helmets, in ad- vices in a hazardous environment. It should dition to impact and penetration resistance, be recognized that dusty and/or chemical en- provide electrical protection from low-volt- vironments may represent an additional haz- age conductors. (They are proof tested to ard to contact lens wearers. 2,200 volts.) Class B helmets, in addition to

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impact and penetration resistance, provide hazards, and commonly available glove ma- electrical protection from high-voltage con- terials provide only limited protection ductors. (They are proof tested to 20,000 against many chemicals. Therefore, it is im- volts.) Class C helmets provide impact and portant to select the most appropriate glove penetration resistance. (They are usually for a particular application and to determine made of aluminum, which conducts elec- how long it can be worn, and whether it can tricity and should not be used around elec- be reused. trical hazards.) (b) It is also important to know the per- (b) Where falling object hazards are formance characteristics of gloves relative present, head protection must be worn. Some to the specific hazard anticipated, e.g., examples of exposure include: working below chemical hazards, cut hazards, and flame other workers who are using tools and mate- hazards. These performance characteristics rials which could fall; working around or should be assessed by using standard test under conveyor belts which are carrying procedures. Before purchasing gloves, the parts or materials; working below machinery employer should request documentation or processes which might cause material or from the manufacturer that the gloves meet objects to fall; and working on exposed ener- the appropriate test standard(s) for the haz- gized conductors. ard(s) anticipated. (c) Examples of occupations for which head (c) other general factors to be considered protection should be considered are: car- for glove selection are: penters, electricians, machinists, boiler- makers, erectors, plumbers, coppersmiths, (A) As long as the performance character- ship fitters, welders, laborers and material istics are acceptable, in certain cir- handlers. cumstances, it may be more cost effective to 10. Selection guidelines for foot protection. (a) regularly change cheaper gloves than to Safety shoes and boots must meet ANSI Z41– reuse more expensive types; and, 1991 and provide impact and compression (B) The work activities of the employee protection to the foot. Where necessary, should be studied to determine the degree of safety shoes can be obtained which provide dexterity required, the duration, frequency, puncture protection. In some work situa- and degree of exposure to the hazard, and the tions, metatarsal (top of foot) protection physical stresses that will be applied. should be provided, and in some other special (d) With respect to selection of gloves for situations, electrical conductive or insu- protection against chemical hazards: lating safety shoes would be appropriate. (A) The toxic properties of the chemical(s) (b) Safety shoes or boots with impact pro- must be determined; in particular, the abil- tection would be required for carrying or ity of the chemical to cause local effects on handling materials such as packages, ob- the skin or to pass through the skin and jects, parts or heavy tools, which could be cause systemic effects or both; dropped, and for other activities where ob- (B) Generally, any ‘‘chemical resistant’’ jects might fall onto the feet. Safety shoes glove can be used for dry powders; or boots with compression protection would (C) For mixtures and formulated products be required for work activities involving (unless specific test data are available), a skid trucks (manual material handling glove should be selected on the basis of the carts) around bulk rolls (such as paper rolls) chemical component with the shortest and around heavy pipes, all of which could breakthrough time, since it is possible for potentially roll over an employees’ feet. solvents to carry active ingredients through Safety shoes or boots with puncture protec- polymeric materials; and, tion would be required where sharp objects (D) Employees must be able to remove the such as nails, wire, tacks, screws, large sta- gloves in such a manner as to prevent skin ples, scrap metal etc., could be stepped on by contamination. employees, causing an injury. (c) Some occupations (not a complete list) 12. Cleaning and maintenance. (a) It is im- for which foot protection should be routinely portant that all PPE be kept clean and be considered are: shipping and receiving properly maintained. Cleaning is particu- clerks, stock clerks, carpenters, electricians, larly important for eye and face protection machinists, boiler makers, plumbers, copper where dirty or fogged lenses could impair vi- smiths, pipe fitters, ship fitters, burners, sion. chippers and grinders, erectors, press opera- (b) For the purposes of compliance, PPE tors, welders, laborers, and material han- should be inspected, cleaned, and maintained dlers. at regular intervals so that the PPE provides 11. Selection guidelines for hand protection. the requisite protection. (a) Gloves are often relied upon to prevent (c) It is important to ensure that contami- cuts, abrasions, burns, and skin contact with nated PPE which cannot be decontaminated chemicals that are capable of causing local is disposed of in a manner that protects em- or systemic effects following dermal expo- ployees from exposure to hazards. sure. OSHA is unaware of any gloves that 13. Examples of work activities, trades and se- provide protection against all potential hand lection of basic PPE.

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Example 1: Welder. Based on an assessment —Barrier Creams of the work activity area hazards to which (Signed and Dated) welders are exposed, the equipment listed Example 5: Tank Cleaner. Tank cleaning op- below is the basic PPE required for this oc- erations and the basic PPE required for them cupation. This does not take into account a depend largely upon the type of cargo job location in which additional PPE may be shipped in the tank. Therefore, the following required, such as where the welder works example is given for a tank in which gasoline from an elevated platform without guard has been shipped. Based on an assessment of rails. In this situation the welder must also the workplace hazards to which shipyard wear the proper fall protection equipment, tank cleaners are exposed, specifically ben- such as a body harness. zene and flammability hazards, the equip- —Hard hat ment listed below is the basic PPE required —Welding Shield (Face) for this situation. Other tank cleaning oper- —Welding Gloves ations will require variations in the PPE —Safety Glasses listed below. —Safety Shoes —Respiratory Protection, Airline Res- —Welding Sleeves (welding in the overhead pirators for working in confined spaces or position) where personal exposure limits could be (Signed and dated) exceeded. Example 2: Yard Maintenance Worker. Based —Chemically resistant clothing on an assessment of the workplace hazards —Face Shields to which shipyard maintenance workers are exposed, the equipment listed below is the —Chemically resistant boots basic PPE required for this occupation. —Chemically resistant gloves Where maintenance workers are exposed to —Fall Protection other hazards, such as asbestos, the insula- —Non sparking tools and equipment tion on a pipe is being repaired, maintenance —Explosion-proof Lighting workers must be provided with the appro- (Signed and Dated) priate supplemental PPE (requirements for [47 FR 16986, Apr. 20, 1982, as amended at 67 asbestos PPE are set out in 1915.1001). FR 44544, July 3, 2002] —Hard Hat —Safety Glasses APPENDIX B TO SUBPART I OF PART —Work Gloves —Safety Shoes 1915—GENERAL TESTING CONDITIONS (Signed and Dated) AND ADDITIONAL GUIDELINES FOR Example 3: Chipper and Grinder Worker. PERSONAL FALL PROTECTION SYS- Based on an assessment of the workplace TEMS (NON-MANDATORY) hazards to which shipyard chipper and grinder workers are exposed, the equipment listed 1. Personal fall arrest systems—(a) General below is the basic PPE required for this oc- test conditions. (1) Lifelines, lanyards, and de- cupation. Where workers are exposed to celeration devices should be attached to an other hazards, such as hazardous dust from anchorage and connected to the body-belt or chipping or grinding operations, chipper and body harness in the same manner as they grinder workers must be provided with the would be when used to protect employees, appropriate supplemental PPE. except that lanyards should be tested only —Safety Glasses when connected directly to the anchorage, —Transparent Face Shields and not when connected to a lifeline. —Hearing Protection (2) The anchorage should be rigid, and —Foot Protection should not have a deflection greater than .04 —Gloves inches (1 cm) when a force of 2,250 pounds (Signed and Dated) (10.01 Kn) is applied. Example 4: Painter. Based on an assessment (3) The frequency response of the load of the workplace hazards to which shipyard measuring instrumentation should be 100 Hz. painters are exposed, the equipment listed (4) The test weight used in the strength below is the basic PPE required for this oc- and force tests should be a rigid, metal cylin- cupation. Where painters are exposed to drical or torso-shaped object with a girth of other hazards, such as a fall from an ele- 38 inches plus or minus 4 inches (96.5 cm plus vation where no guardrails are present, or minus 10.16 cm). painters must be provided with the appro- (5) The lanyard or lifeline used to create priate supplemental PPE. the free fall distance should be the one sup- —Hard Hats plied with the system, or in its absence, the —Safety Glasses least elastic lanyard or lifeline available to —Disposable Clothing be used by the employee with the system. —Gloves (6) The test weight for each test should be —Respiratory Protection, including Airline hoisted to the required level and should be Respirators when working in Confined quickly released without having any appre- Spaces ciable motion imparted to it.

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(7) The system’s performance should be (a total of 6 feet (1.83 m) free fall distance) evaluated, taking into account the range of without interference, obstruction, or hitting environmental conditions for which it is de- the floor or ground during the test. signed to be used. (2) For all other systems. (i) A test weight (8) Following the test, the system need not of 220 pounds plus or minus 3 pounds (99.79 kg be capable of further operation. plus or minus 1.36 kg) should be used (see (b) Strength test. (1) During the testing of paragraph (a)(4) above). all systems, a test weight of 300 pounds plus (ii) The free fall distance to be used in the or minus 5 pounds (136.08 kg plus or minus test should be the maximum fall distance 2.27 kg) should be used. (See paragraph (a)(4) physically permitted by the system during above.) normal use conditions, up to a maximum (2) The test consists of dropping the test free fall distance for the test weight of 6 feet weight once. A new unused system should be (1.83 m), except as follows: used for each test. (A) For deceleration systems which have a (3) For lanyard systems, the lanyard connection link or lanyard, the test weight length should be 6 feet plus or minus 2 inches should free fall a distance equal to the con- (1.83 m plus or minus 5.08 cm) as measured nection distance (measured between the cen- from the fixed anchorage to the attachment ter line of the lifeline and the attachment on the body belt or harness. point to the body belt or harness). (4) For rope-grab-type deceleration sys- (B) For deceleration device systems with tems, the length of the lifeline above the integral life lines or lanyards which auto- center line of the grabbing mechanism to the matically limit free fall distance to 2 feet lifeline’s anchorage point should not exceed (0.61 m) or less, the test weight should free 2 feet (0.61 m). fall a distance equal to that permitted by the (5) For lanyard systems, for systems with system in normal use. (For example, to test deceleration devices which do not automati- a system with a self-retracting lifeline or cally limit free fall distance to 2 feet (0.61 m) or less, and for systems with deceleration de- lanyard, the test weight should be supported vices which have a connection distance in ex- and the system allowed to retract the life- cess of 1 foot (0.31 m) (measured between the line or lanyard as it would in normal use. centerline of the lifeline and the attachment The test weight would then be released and point to the body belt or harness), the test the force and deceleration distance meas- weight should be rigged to free fall a dis- ured.) tance of 7.5 feet (2.29 m) from a point that is (3) Failure. A system fails the force test if 1.5 feet (45.72 cm) above the anchorage point, the recorded maximum arresting force ex- to its hanging location (6 feet (1.83 m) below ceeds 1,260 pounds (5.6 Kn) when using a body the anchorage). The test weight should fall belt, or exceeds 2,520 pounds (11.21 Kn) when without interference, obstruction, or hitting using a body harness. the floor or the ground during the test. In (4) Distances. The maximum elongation some cases, a non-elastic wire lanyard of suf- and deceleration distance should be recorded ficient length may need to be added to the during the force test. system (for test purposes) to create the nec- (d) Deceleration device tests—general. The de- essary free fall distance. vice should be evaluated or tested under the (6) For deceleration device systems with environmental conditions (such as rain, ice, integral lifelines or lanyards which auto- grease, dirt, type of lifeline, etc.) for which matically limit free fall distance to 2 feet the device is designed. (0.61 m) or less, the test weight should be (1) Rope-grab-type deceleration devices. (i) rigged to free fall a distance of four feet (1.22 Devices should be moved on a lifeline 1,000 m). times over the same length of line a distance (7) Any weight which detaches from the of not less than 1 foot (30.48 cm), and the belt or harness should constitute failure for mechanism should lock each time. the strength test. (ii) Unless the device is permanently (c) Force test general. The test consists of marked to indicate the type of lifelines dropping the respective test weight once. A which must be used, several types (different new, unused system should be used for each diameters and different materials) of life- test. lines should be used to test the device. (1) For lanyard systems. (i) A test weight (2) Other-self-activating-type deceleration of 220 pounds plus or minus three pounds devices. The locking mechanisms of other (99.79 kg plus or minus 1.36 kg) should be self-activating-type deceleration devices de- used (see paragraph (a)(4) above). signed for more than one arrest should lock (ii) Lanyard length should be 6 feet plus or each of 1,000 times as they would in normal minus 2 inches (1.83 m plus or minus 5.08 cm) service. as measured from the fixed anchorage to the 2. Positioning device systems—(a) Test Condi- attachment on the body belt or body har- tions. (1) The fixed anchorage should be rigid ness. and should not have a deflection greater (iii) The test weight should fall free from than .04 inches (1.02 mm) when a force of the anchorage level to its handling location 2,250 pounds (10.01 Kn) is applied.

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(2) For lineman’s body belts and pole Subpart J—Ship’s Machinery and straps, the body belt should be secured to a 250 pound (113.4 kg) bag of sand at a point Piping Systems which simulates the waist of an employee. § 1915.161 Scope and application of One end of the pole strap should be attached subpart. to the rigid anchorage and the other end to the body belt. The sand bag should be al- The standards contained in this sub- lowed to free fall a distance of 4 feet (1.22 m). part shall apply to ship repairing and Failure of the pole strap and body belt shipbuilding and shall not apply to should be indicated by any breakage or slip- shipbreaking. page sufficient to permit the bag to fall free to the ground. § 1915.162 Ship’s boilers. (3) For window cleaner’s belts, the complete belt should withstand a drop test con- (a) Before work is performed in the sisting of a 250 pound (113.4 kg) weight fall- fire, steam, or water spaces of a boiler ing free for a distance of 6 feet (1.83 m). The where employees may be subject to in- weight should be a rigid object with a girth jury from the direct escape of a high of 38 inches plus or minus four inches (96.52 temperature medium such as steam, or cm plus or minus 10.16 cm.) The weight water, oil, or other medium at a high should be placed in the waistband with the temperature entering from an inter- belt buckle drawn firmly against the weight, connecting system, the employer shall as when the belt is worn by a window clean- insure that the following steps are er. One belt terminal should be attached to a taken: rigid anchor and the other terminal should hang free. The terminals should be adjusted (1) The isolation and shutoff valves to their maximum span. The weight fastened connecting the dead boiler with the in the freely suspended belt should then be live system or systems shall be se- lifted exactly 6 feet (1.83 m) above its ‘‘at cured, blanked, and then locked or rest’’ position and released so as to permit a tagged, in accordance with § 1915.89, in- free fall of 6 feet (1.83 m) vertically below the dicating that employees are working point of attachment of the terminal anchor. on the boiler. This lock or tag shall not The belt system should be equipped with de- be removed nor the valves unblanked vices and instrumentation capable of meas- until it is determined that this may be uring the duration and magnitude of the ar- done without creating a hazard to the rest forces. Any breakage or slippage which employees working on the boiler, or permits the weight to fall free of the system constitutes failure of the test. In addition, until the work on the boiler is com- the initial and subsequent arresting force pleted, in accordance with § 1915.89. peaks should be measured and should not ex- When valves are welded instead of ceed 2,000 pounds (8.9 Kn) for more than 2 bolted, at least two isolation and shut- milliseconds for the initial impact, nor ex- off valves connecting the dead boiler ceed 1,000 pounds (4.45 Kn) for the remainder with the live system or systems shall of the arrest time. be secured, and then locked or tagged, (4) All other positioning device systems in accordance with § 1915.89. (except for restraint line systems) should (2) Drain connections to atmosphere withstand a drop test consisting of a 250- on all of the dead interconnecting sys- pound (113.4 kg) weight falling free for a distance of 4 feet (1.22 m). The weight should be tems shall be opened for visual obser- a rigid object with a girth of 38 inches plus vation of drainage. or minus 4 inches (96.52 cm plus or minus (3) A warning sign calling attention 10.16 cm). The body belt or harness should be to the fact that employees are working affixed to the test weight as it would be to in the boilers shall be hung in a con- an employee. The system should be con- spicuous location in the engine room. nected to the rigid anchor in the manner This sign shall not be removed until it that the system would be connected in nor- is determined that the work is com- mal use. The weight should be lifted exactly pleted and all employees are out of the 4 feet (1.22 m) above its ‘‘at rest’’ position boilers. and released so as to permit a vertical free fall of 4 feet (1.22 m). Any breakage or slip- [47 FR 16986, Apr. 20, 1982, as amended at 76 page which permits the weight to fall free to FR 24711, May 2, 2011] the ground should constitute failure of the system. § 1915.163 Ship’s piping systems. [47 FR 16986, Apr. 20, 1982, as amended at 67 (a) Before work is performed on a FR 44544, July 3, 2002] valve, fitting, or section of piping in a

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piping system where employees may be locked or tagged in accordance with subject to injury from the direct escape § 1915.89. of steam, or water, oil, or other me- (b) Before the jacking engine is oper- dium at a high temperature, the em- ated, the following precautions shall be ployer shall insure that the following taken: steps are taken: (1) A check shall be made to ensure (1) The isolation and shutoff valves that all employees, equipment, and connecting the dead system with the tools are clear of the engine, reduction live system or systems shall be se- gear, and its connecting accessories. cured, blanked, and then locked or (2) A check shall be made to ensure tagged, in accordance with § 1915.89, in- that all employees, equipment and dicating that employees are working tools are free of the propeller. on the systems. The lock or tag shall (c) Before work is started on or in the not be removed or the valves immediate vicinity of the propeller, a unblanked until it is determined that warning sign calling attention to the this may be done without creating a fact that employees are working in hazard to the employees working on that area shall be hung in a con- the system, or until the work on the spicuous location in the engine room. system is completed, in accordance This sign shall not be removed until it with § 1915.89. When valves are welded is determined that the work is com- instead of bolted, at least two isolation pleted and all employees are free of the and shutoff valves connecting the dead propeller. system with the live system or systems (d) Before the main engine is turned shall be secured, and then locked or over (e.g., when warming up before de- tagged, in accordance with § 1915.89. parture or testing after an overhaul) a (2) Drain connections to the atmos- check shall be made to ensure that all phere on all of the dead inter- employees, equipment, and tools are connecting systems shall be opened for free of the propeller. visual observation of drainage. [47 FR 16986, Apr. 20, 1982, as amended at 76 [47 FR 16986, Apr. 20, 1982, as amended at 67 FR 24711, May 2, 2011] FR 44545, July 3, 2002; 76 FR 24711, May 2, 2011] § 1915.165 Ship’s deck machinery. (a) Before work is performed on the § 1915.164 Ship’s propulsion machin- anchor windlass or any of its attached ery. accessories, the employer shall ensure (a) Before work is performed on the that the following steps are taken: main engine, reduction gear, or con- (1) The devil claws (also known as necting accessories, the employer shall chain stoppers) shall be made fast to ensure that the following steps are the anchor chains. taken: (2) The riding pawls shall be in the (1) The jacking gear shall be engaged engaged position. to prevent the main engine from turn- (3) In the absence of devil claws and ing over. A sign shall be posted at the riding pawls, the anchor chains shall be throttle indicating that the jacking secured to a suitable fixed structure of gear is engaged. This sign shall not be the vessel. removed until the jacking gear can be safely disengaged. [47 FR 16986, Apr. 20, 1982, as amended at 67 FR 44545, July 3, 2002] (2) If the jacking gear is steam driven, the employer shall ensure that the stop valves to the jacking gear are se- Subpart K—Portable, Unfired Pres- cured, and then locked or tagged, in ac- sure Vessels, Drums and Con- cordance with § 1915.89. tainers, Other Than Ship’s (3) If the jacking gear is electrically Equipment driven, the circuit controlling the jacking gear shall be de-energized by § 1915.171 Scope and application of tripping the circuit breaker, opening subpart. the switch, or removing the fuse, The standards contained in this sub- whichever is appropriate, and then part shall apply to ship repairing and

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shipbuilding and shall not apply to escape of such hazardous liquids or shipbreaking. gases. (c) Pressure vessels, drums and con- § 1915.172 Portable air receivers and tainers containing toxic or flammable other unfired pressure vessels. liquids or gases shall not be stored or (a) Portable, unfired pressure vessels, used where they are subject to open built after the effective date of this flame, hot metal, or other sources of regulation, shall be marked and re- artificial heat. ported indicating that they have been (d) Unless pressure vessels, drums designed and constructed to meet the and containers of 30 gallon capacity or standards of the American Society of over containing flammable or toxic liq- Mechanical Engineers Boiler and Pres- uids or gases are placed in an out-of- sure Vessel Code, Section VIII, Rules the-way area where they will not be for Construction of Unfired Pressure subject to physical injury from an out- Vessels, 1963. They shall be subjected side source, barriers or guards shall be to a hydrostatic pressure test of one erected to protect them from such and one-half times the working pres- physical injury. sure of the vessels. (e) Containers of 55 gallons or more (b) Portable, unfired pressure vessels, capacity containing flammable or toxic not built to the code requirements of liquid shall be surrounded by dikes or paragraph (a) of this section, and built pans which enclose a volume equal to prior to the effective date of this regu- at least 35 percent of the total volume lation, shall be examined quarterly by of the containers. a competent person. They shall be sub- (f) Fire extinguishers adequate in jected yearly to a hydrostatic pressure number and suitable for the hazard test of one and one-half times the shall be provided. These extinguishers working pressure of the vessels. shall be located in the immediate area (c) The relief valves on the portable, where pressure vessels, drums and con- unfired pressure vessels in paragraphs tainers containing flammable liquids (a) and (b) of this section shall be set to or gases are stored or in use. Such ex- the safe working pressure of the ves- tinguishers shall be ready for use at all sels, or set to the lowest safe working times. pressure of the systems, whichever is lower. Subpart L—Electrical Machinery (d) A certification record of such ex- § 1915.181 Electrical circuits and dis- aminations and tests made in compli- tribution boards. ance with the requirements of paragraphs (a) and (b) of this section shall (a) The provisions of this section be maintained. The certification record shall apply to ship repairing and ship- shall include the date of examinations building and shall not apply to and tests, the signature of the person shipbreaking. who performed the examinations or (b) Before an employee is permitted tests and the serial number, or other to work on an electrical circuit, except identifier, of the equipment examined when the circuit must remain ener- and tested. gized for testing and adjusting, the circuit shall be deenergized and checked [47 FR 16986, Apr. 20, 1982, as amended at 51 at the point at which the work is to be FR 34562, Sept. 29, 1986; 67 FR 44545, July 3, done to insure that it is actually deen- 2002] ergized. When testing or adjusting an energized circuit a rubber mat, duck § 1915.173 Drums and containers. board, or other suitable insulation (a) Shipping drums and containers shall be used underfoot where an insu- shall not be pressurized to remove lated deck does not exist. their contents. (c) De-energizing the circuit shall be (b) A temporarily assembled pressur- accomplished by opening the circuit ized piping system conveying haz- breaker, opening the switch, or remov- ardous liquids or gases shall be pro- ing the fuse, whichever method is ap- vided with a relief valve and by-pass to propriate. The circuit breaker, switch, prevent rupture of the system and the or fuse location shall then be locked

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out or tagged in accordance with erator (temporarily) becomes a host § 1915.89. shipyard employer by directing the (d) When work is performed imme- work of ships’ crews on repair or modi- diately adjacent to an open-front ener- fication of the vessel or by hiring other gized board or in back of an energized contractors directly, the vessel owner board, the board shall be covered or or operator must also comply with some other equally safe means shall be these provisions for host employers. used to prevent contact with any of the (2) Contract employer responsibilities. energized parts. The contract employer’s responsibil- [47 FR 16986, Apr. 20, 1982, as amended at 67 ities are to: FR 44545, July 3, 2002; 76 FR 24711, May 2, (i) Make sure that the host employer 2011] knows about the fire-related hazards associated with the contract employ- Subparts M–O [Reserved] er’s work and what the contract employer is doing to address them; and Subpart P—Fire Protection in (ii) Advise the host employer of any Shipyard Employment previously unidentified fire-related hazards that the contract employer identifies at the worksite. SOURCE: 69 FR 55702, Sept. 15, 2004, unless otherwise noted. § 1915.502 Fire safety plan. § 1915.501 General provisions. (a) Employer responsibilities. The em- (a) Purpose. The purpose of the stand- ployer must develop and implement a ard in this subpart is to require em- written fire safety plan that covers all ployers to protect all employees from the actions that employers and em- fire hazards in shipyard employment, ployees must take to ensure employee including employees engaged in fire re- safety in the event of a fire. (See Ap- sponse activities. pendix A to this subpart for a Model (b) Scope. This subpart covers em- Fire Safety Plan.) ployers with employees engaged in (b) Plan elements. The employer must shipyard employment aboard vessels include the following information in and vessel sections, and on land-side the fire safety plan: operations regardless of geographic lo- (1) Identification of the significant cation. fire hazards; (c) Employee participation. The em- (2) Procedures for recognizing and re- ployer must provide ways for employ- porting unsafe conditions; ees or employee representatives, or (3) Alarm procedures; both to participate in developing and (4) Procedures for notifying employ- periodically reviewing programs and ees of a fire emergency; policies adopted to comply with this (5) Procedures for notifying fire re- subpart. sponse organizations of a fire emer- (d) Multi-employer worksites—(1) Host gency; employer responsibilities. The host em- (6) Procedures for evacuation; ployer’s responsibilities are to: (i) Inform all employers at the work- (7) Procedures to account for all em- site about the content of the fire safety ployees after an evacuation; and plan including hazards, controls, fire (8) Names, job titles, or departments safety and health rules, and emergency for individuals who can be contacted procedures; for further information about the plan. (ii) Make sure the safety and health (c) Reviewing the plan with employees. responsibilities for fire protection are The employer must review the plan assigned as appropriate to other em- with each employee at the following ployers at the worksite; and times: (iii) If there is more than one host (1) Within 90 days of December 14, employer, each host employer must 2004, for employees who are currently communicate relevant information working; about fire-related hazards to other host (2) Upon initial assignment for new employers. When a vessel owner or op- employees; and

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(3) When the actions the employee are covered by 29 CFR 1915.181, Subpart must take under the plan change be- L. Exposure to toxic and hazardous cause of a change in duties or a change substances is covered in 29 CFR in the plan. 1915.1000 through 1915.1450, subpart Z. (d) Additional employer requirements. (2) Fuel gas and oxygen supply lines The employer also must: and torches. The employer must make (1) Keep the plan accessible to em- sure that: ployees, employee representatives, and (i) No unattended fuel gas and oxygen OSHA; hose lines or torches are in confined (2) Review and update the plan when- spaces; ever necessary, but at least annually; (ii) No unattended charged fuel gas (3) Document that affected employ- and oxygen hose lines or torches are in ees have been informed about the plan enclosed spaces for more than 15 min- as required by paragraph (c) of this sec- utes; and tion; and (iii) All fuel gas and oxygen hose (4) Ensure any outside fire response lines are disconnected at the supply organization that the employer expects manifold at the end of each shift; to respond to fires at the employer’s (iv) All disconnected fuel gas and ox- worksite has been given a copy of the ygen hose lines are rolled back to the current plan. supply manifold or to open air to dis- (e) Contract employers. Contract em- connect the torch; or extended fuel gas ployers in shipyard employment must and oxygen hose lines are not recon- have a fire safety plan for their em- nected at the supply manifold unless ployees, and this plan must comply the lines are given a positive means of with the host employer’s fire safety identification when they were first plan. connected and the lines are tested using a drop test or other positive § 1915.503 Precautions for hot work. means to ensure the integrity of fuel (a) General requirements—(1) Des- gas and oxygen burning system. ignated Areas. The employer may designate areas for hot work in sites such § 1915.504 Fire watches. as vessels, vessel sections, fabricating (a) Written fire watch policy. The em- shops, and subassembly areas that are ployer must create and keep current a free of fire hazards. written policy that specifies the fol- (2) Non-designated Areas. (i) Before lowing requirements for employees per- authorizing hot work in a non-des- forming fire watch in the workplace: ignated area, the employer must vis- (1) The training employees must be ually inspect the area where hot work given (§ 1915.508(c) contains detailed is to be performed, including adjacent fire watch training requirements); spaces, to ensure the area is free of fire (2) The duties employees are to per- hazards, unless a Marine Chemist’s cer- form; tificate or Shipyard Competent Per- (3) The equipment employees must be son’s log is used for authorization. given; and (ii) The employer shall authorize em- (4) The personal protective equip- ployees to perform hot work only in ment (PPE) that must be made avail- areas that are free of fire hazards, or able and worn as required by 29 CFR that have been controlled by physical Part 1915, Subpart I. isolation, fire watches, or other posi- (b) Posting fire watches. The employer tive means. must post a fire watch if during hot NOTE TO PARAGRAPH (a)(2): The require- work any of the following conditions ments of paragraph (a)(2) apply to all hot are present: work operations in shipyard employment ex- (1) Slag, weld splatter, or sparks cept those covered by § 1915.14. might pass through an opening and (b) Specific requirements—(1) Maintain- cause a fire; ing fire hazard-free conditions. The em- (2) Fire-resistant guards or curtains ployer must keep all hot work areas are not used to prevent ignition of free of new hazards that may cause or combustible materials on or near contribute to the spread of fire. Unex- decks, bulkheads, partitions, or pected energizing and energy release overheads;

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(3) Combustible material closer than able equipment and within the fire 35 ft. (10.7m) to the hot work in either watch’s training qualifications, as de- the horizontal or vertical direction fined in § 1915.508; cannot be removed, protected with (vii) Alert employees of any fire be- flame-proof covers, or otherwise shield- yond the incipient stage; and ed with metal or fire-resistant guards (viii) If unable to extinguish fire in or curtains; the areas exposed to the hot work, ac- (4) The hot work is carried out on or tivate the alarm. near insulation, combustible coatings, (3) The employer must ensure that or sandwich-type construction that employees assigned to fire watch are cannot be shielded, cut back, or re- physically capable of performing these moved, or in a space within a sandwich duties. type construction that cannot be inerted; § 1915.505 Fire response. (5) Combustible materials adjacent to the opposite sides of bulkheads, decks, (a) Employer responsibilities. The em- overheads, metal partitions, or sand- ployer must: wich-type construction may be ignited (1) Decide what type of response will by conduction or radiation; be provided and who will provide it; (6) The hot work is close enough to and cause ignition through heat radiation (2) Create, maintain, and update a or conduction on the following: written policy that: (i) Insulated pipes, bulkheads, decks, (i) Describes the internal and outside partitions, or overheads; or fire response organizations that the (ii) Combustible materials and/or employer will use; and coatings; (ii) Defines what evacuation proce- (7) The work is close enough to un- dures employees must follow, if the protected combustible pipe or cable employer chooses to require a total or runs to cause ignition; or partial evacuation of the worksite at (8) A Marine Chemist, a Coast Guard- the time of a fire. authorized person, or a shipyard Com- (b) Required written policy informa- petent Person, as defined in 29 CFR tion—(1) Internal fire response. If an in- Part 1915, Subpart B, requires that a ternal fire response is to be used, the fire watch be posted. employer must include the following (c) Assigning employees to fire watch information in the employer’s written duty. (1) The employer must not assign policy: other duties to a fire watch while the (i) The basic structure of the fire re- hot work is in progress. sponse organization; (2) Employers must ensure that em- (ii) The number of trained fire re- ployees assigned to fire watch duty: sponse employees; (i) Have a clear view of and imme- (iii) The fire response functions that diate access to all areas included in the fire watch; may need to be carried out; (ii) Are able to communicate with (iv) The minimum number of fire re- workers exposed to hot work; sponse employees necessary, the num- (iii) Are authorized to stop work if ber and types of apparatuses, and a de- necessary and restore safe conditions scription of the fire suppression oper- within the hot work area; ations established by written standard (iv) Remain in the hot work area for operating procedures for each type of at least 30 minutes after completion of fire response at the employer’s facility; the hot work, unless the employer or (v) The type, amount, and frequency its representative surveys the exposed of training that must be given to fire area and makes a determination that response employees; and there is no further fire hazard; (vi) The procedures for using protec- (v) Are trained to detect fires that tive clothing and equipment. occur in areas exposed to the hot work; (2) Outside fire response. If an outside (vi) Attempt to extinguish any incip- fire response organization is used, the ient stage fires in the hot work area employer must include the following that are within the capability of avail- information in the written policy:

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(i) The types of fire suppression inci- employment operations during the dents to which the fire response organi- evacuation; zation is expected to respond at the (iii) Procedures to account for all employer’s facility or worksite; employees after emergency evacuation (ii) The liaisons between the em- is completed; ployer and the outside fire response or- (iv) The preferred means of reporting ganizations; and fires and other emergencies; and (iii) A plan for fire response functions (v) Names or job titles of the employ- that: ees or departments to be contacted for (A) Addresses procedures for obtain- further information or explanation of ing assistance from the outside fire re- duties. sponse organization; (5) Rescue and emergency response. The (B) Familiarizes the outside fire re- employer must include the following sponse organization with the layout of information in the employer’s written the employer’s facility or worksite, in- policy: cluding access routes to controlled (i) A description of the emergency areas, and site-specific operations, oc- rescue procedures; and cupancies, vessels or vessel sections, (ii) Names or job titles of the em- and hazards; and, ployees who are assigned to perform (C) Sets forth how hose and coupling them. connection threads are to be made (c) Medical requirements for shipyard compatible and includes where the fire response employees. The employer adapter couplings are kept; or must ensure that: (D) States that the employer will not (1) All fire response employees re- allow the use of incompatible hose con- ceive medical examinations to assure nections. that they are physically and medically (3) A combination of internal and out- fit for the duties they are expected to side fire response. If a combination of in- perform; ternal and outside fire response is to be (2) Fire response employees, who are used, the employer must include the required to wear respirators in per- following information, in addition to forming their duties, meet the medical the requirements in paragraphs (b)(1) requirements of § 1915.154; and (2) of this section, in the written (3) Each fire response employee has policy: an annual medical examination; and (i) The basic organizational structure (4) The medical records of fire re- of the combined fire response; sponse employees are kept in accord- (ii) The number of combined trained ance with § 1915.1020. fire responders; (d) Organization of internal fire re- (iii) The fire response functions that sponse functions. The employer must: may need to be carried out; (1) Organize fire response functions (iv) The minimum number of fire re- to ensure enough resources to conduct sponse employees necessary, the num- emergency operations safely; ber and types of apparatuses, and a de- (2) Establish lines of authority and scription of the fire suppression oper- assign responsibilities to ensure that ations established by written standard the components of the internal fire re- operating procedures for each par- sponse are accomplished; ticular type of fire response at the (3) Set up an incident management worksite; and system to coordinate and direct fire re- (v) The type, amount, and frequency sponse functions, including: of joint training with outside fire re- (i) Specific fire emergency respon- sponse organizations if given to fire re- sibilities; sponse employees. (ii) Accountability for all fire re- (4) Employee evacuation. The employer sponse employees participating in an must include the following information emergency operation; and in the employer’s written policy: (iii) Resources offered by outside or- (i) Emergency escape procedures; ganizations; and (ii) Procedures to be followed by em- (4) Provide the information required ployees who may remain longer at the in this paragraph (d) to the outside fire worksite to perform critical shipyard response organization to be used.

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(e) Personal protective clothing and tems that are certified by NIOSH under equipment for fire response employees—(1) 42 CFR Part 84; General requirements. The employer (v) Provide only SCBA that meet the must: requirements of NFPA 1981–2002 Stand- (i) Supply to all fire response em- ard on Open-Circuit Self-Contained ployees, at no cost, the appropriate Breathing Apparatus for Fire and personal protective clothing and equip- Emergency Services (incorporated by ment they may need to perform ex- reference, see § 1915.5); and pected duties; and (vi) Ensure that the respiratory pro- (ii) Ensure that fire response employ- tection program and all respiratory ees wear the appropriate personal pro- protection equipment comply with tective clothing and use the equip- § 1915.154. ment, when necessary, to protect them (4) Interior structural firefighting oper- from hazardous exposures. ations. The employer must: (2) Thermal stability and flame resist- (i) Supply at no cost to all fire re- ance. The employer must: sponse employees exposed to the haz- (i) Ensure that each fire response em- ards of shipyard fire response, a hel- ployee exposed to the hazards of flame met, gloves, footwear, and protective does not wear clothing that could in- hoods, and either a protective coat and crease the extent of injury that could trousers or a protective coverall; and be sustained; and (ii) Ensure that this equipment meets (ii) Prohibit wearing clothing made the applicable recommendations in from acetate, nylon, or polyester, ei- NFPA 1971–2000 Standard on Protective ther alone or in blends, unless it can be Ensemble for Structural Fire Fighting shown that: (incorporated by reference, see § 1915.5). (A) The fabric will withstand the (5) Proximity firefighting operations. flammability hazard that may be en- The employer must provide, at no cost, countered; or to all fire response employees who are (B) The clothing will be worn in such exposed to the hazards of proximity a way to eliminate the flammability firefighting, appropriate protective hazard that may be encountered. proximity clothing meets the applica- (3) Respiratory protection. The em- ble recommendations in NFPA 1976– ployer must: 2000 Standard on Protective Ensemble (i) Provide self-contained breathing for Proximity Fire Fighting (incor- apparatus (SCBA) to all fire response porated by reference, see § 1915.5). employees involved in an emergency (6) Personal Alert Safety System (PASS) operation in an atmosphere that is im- devices. The employer must: mediately dangerous to life or health (i) Provide each fire response em- (IDLH), potentially IDLH, or unknown; ployee involved in firefighting oper- (ii) Provide SCBA to fire response ations with a PASS device; and employees performing emergency oper- (ii) Ensure that each PASS device ations during hazardous chemical meets the recommendations in NFPA emergencies that will expose them to 1982–1998 Standard on Personal Alert known hazardous chemicals in vapor Safety Systems (PASS), (incorporated form or to unknown chemicals; by reference, see § 1915.5). (iii) Provide fire response employees (7) Life safety ropes, body harnesses, who perform or support emergency op- and hardware. The employer must en- erations that will expose them to haz- sure that: ardous chemicals in liquid form either: (i) All life safety ropes, body har- (A) SCBA, or nesses, and hardware used by fire re- (B) Respiratory protective devices sponse employees for emergency oper- certified by the National Institute for ations meet the applicable rec- Occupational Safety and Health ommendations in NFPA 1983–2001, (NIOSH) under 42 CFR Part 84 as suit- Standard on Fire Service Life Safety able for the specific chemical environ- Rope and System Components (incor- ment; porated by reference, see § 1915.5); (iv) Ensure that additional outside (ii) Fire response employees use only air supplies used in conjunction with Class I body harnesses to attach to lad- SCBA result in positive pressure sys- ders and aerial devices; and

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(iii) Fire response employees use only (ii) Hazards associated with the ex- Class II and Class III body harnesses tinguishing systems and agents includ- for fall arrest and rappelling oper- ing the dangers of disturbing system ations. components and equipment such as pip- (f) Equipment maintenance—(1) Per- ing, cables, linkages, detection devices, sonal protective equipment. The em- activation devices, and alarm devices. ployer must inspect and maintain per- (c) Sea and dock trials. During trials, sonal protective equipment used to the employer must ensure that all sys- protect fire response employees to en- tems shall remain operational. sure that it provides the intended pro- (d) Doors and hatches. The employer tection. must: (2) Fire response equipment. The em- (1) Take protective measures to en- ployer must: sure that all doors, hatches, scuttles, (i) Keep fire response equipment in a and other exit openings remain work- state of readiness; ing and accessible for escape in the (ii) Standardize all fire hose coupling event the systems are activated; and and connection threads throughout the (2) Ensure that all inward opening facility and on vessels and vessel sec- doors, hatches, scuttles, and other po- tions by providing the same type of tential barriers to safe exit are re- hose coupling and connection threads moved, locked open, braced, or other- for hoses of the same or similar diame- wise secured so that they remain open ter; and and accessible for escape if systems’ (iii) Ensure that either all fire hoses activation could result in a positive and coupling connection threads are pressure in the protected spaces suffi- the same within a facility or vessel or cient to impede escape. vessel section as those used by the out- (e) Testing the system. (1) When test- side fire response organization, or sup- ing a fixed extinguishing system in- ply suitable adapter couplings if such volves a total discharge of extin- an organization is expected to use the guishing medium into a space, the em- fire response equipment within a facil- ployer must evacuate all employees ity or vessel or vessel section. from the space and assure that no em- [69 FR 55702, Sept. 15, 2004, as amended at 71 ployees remain in the space during the FR 60847, Oct. 17, 2006] discharge. The employer must retest the atmosphere in accordance with § 1915.506 Hazards of fixed extin- § 1915.12 to ensure that the oxygen lev- guishing systems on board vessels els are safe for employees to enter. and vessel sections. (2) When testing a fixed extin- (a) Employer responsibilities. The em- guishing system does not involve a ployer must comply with the provi- total discharge of the systems extin- sions of this section whenever employ- guishing medium, the employer must ees are exposed to fixed extinguishing make sure that the system’s extin- systems that could create a dangerous guishing medium is physically isolated atmosphere when activated in vessels and that all employees not directly in- and vessel sections, regardless of geo- volved in the testing are evacuated graphic location. from the protected space. (b) Requirements for automatic and (f) Conducting system maintenance. Be- manual systems. Before any work is fore conducting maintenance on a fixed done in a space equipped with fixed ex- extinguishing system, the employer tinguishing systems, the employer must ensure that the system is phys- must either: ically isolated. (1) Physically isolate the systems or (g) Using fixed manual extinguishing use other positive means to prevent the systems for fire protection. If fixed man- systems’ discharge; or ual extinguishing systems are used to (2) Ensure employees are trained to provide fire protection for spaces in recognize: which the employees are working, the (i) Systems’ discharge and evacu- employer must ensure that: ation alarms and the appropriate es- (1) Only authorized employees are al- cape routes; and lowed to activate the system;

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(2) Authorized employees are trained when entering discharge areas in which to operate and activate the systems; the atmosphere remains hazardous to and employee safety or health, or provide (3) All employees are evacuated from safeguards to prevent employees from the protected spaces, and accounted entering those areas. See § 1915.12 for for, before the fixed manual extin- additional requirements applicable to guishing system is activated. safe entry into spaces containing dangerous atmospheres; § 1915.507 Land-side fire protection systems. (5) Post hazard warning or caution signs at both the entrance to and in- (a) Employer responsibilities. The em- side of areas protected by fixed extin- ployer must ensure all fixed and port- guishing systems that use extin- able fire protection systems needed to guishing agents in concentrations meet an OSHA standard for employee known to be hazardous to employee safety or employee protection from fire safety or health; and hazards in land-side facilities, including, but not limited to, buildings, (6) Select, install, inspect, maintain, structures, and equipment, meet the and test all automatic fire detection requirements of this section. systems and emergency alarms accord- (b) Portable fire extinguishers and hose ing to NFPA 72–2002 National Fire systems. (1) The employer must select, Alarm Code (incorporated by reference, install, inspect, maintain, and test all see § 1915.5) portable fire extinguishers according (d) Fixed extinguishing systems. The to NFPA 10–2002 Standard for Portable employer must select, install, main- Fire Extinguishers (incorporated by tain, inspect, and test all fixed systems reference, see § 1915.5). required by OSHA as follows: (2) The employer is permitted to use (1) Standpipe and hose systems ac- Class II or Class III hose systems, in cording to NFPA 14–2003 Standard for accordance with NFPA 10–2002 (incor- the Installation of Standpipe and Hose porated by reference, see § 1915.5), as Systems (incorporated by reference, portable fire extinguishers if the em- see § 1915.5); ployer selects, installs, inspects, main- (2) Automatic sprinkler systems ac- tains, and tests those systems accord- cording to NFPA 25–2002 Standard for ing to the specific recommendations in the Inspection, Testing, and Mainte- NFPA 14–2003 Standard for the Instal- nance of Water-based Fire Protection lation of Standpipe and Hose Systems Systems, (incorporated by reference, (incorporated by reference, see § 1915.5). see § 1915.5), and either (i) NFPA 13–2002 (c) General requirements for fixed extin- Standard for the Installation of Sprin- The employer must: guishing systems. kler Systems (incorporated by ref- (1) Ensure that any fixed extin- erence, see § 1915.5), or (ii) NFPA 750– guishing system component or extin- 2003 Standard on Water Mist Fire Pro- guishing agent is approved by an OSHA tection Systems (incorporated by ref- Nationally Recognized Testing Labora- erence, see § 1915.5); tory, meeting the requirements of 29 CFR 1910.7, for use on the specific haz- (3) Fixed extinguishing systems that ards the employer expects it to control use water or foam as the extinguishing or extinguish; agent according to NFPA 15–2001 (2) Notify employees and take the Standard for Water Spray Fixed Sys- necessary precautions to ensure em- tems for Fire Protection (incorporated ployees are safe from fire if for any by reference, see § 1915.5) and NFPA 11– reason a fire extinguishing system 2005 Standard for Low-, Medium-, and stops working, until the system is High-Expansion Foam (incorporated by working again; reference, see § 1915.5); (3) Ensure all repairs to fire extin- (4) Fixed extinguishing systems using guishing systems and equipment are dry chemical as the extinguishing done by a qualified technician or me- agent according to NFPA 17–2002 chanic; Standard for Dry Chemical Extin- (4) Provide and ensure employees use guishing Systems (incorporated by ref- proper personal protective equipment erence, see § 1915.5); and

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(5) Fixed extinguishing systems using (d) Additional training requirements for gas as the extinguishing agent accord- shipyard employees designated for fire re- ing to NFPA 12–2005 Standard on Car- sponse. The employer must: bon Dioxide Extinguishing Systems (1) Have a written training policy (incorporated by reference, see § 1915.5); stating that fire response employees NFPA 12A–2004 Standard on Halon 1301 must be trained and capable of car- Fire Extinguishing Systems (incor- rying out their duties and responsibil- porated by reference, see § 1915.5); and ities at all times; NFPA 2001–2004 Standard on Clean (2) Keep written standard operating Agent Fire Extinguishing Systems (in- procedures that address anticipated corporated by reference, see § 1915.5). emergency operations and update these procedures as necessary; [69 FR 55702, Sept. 15, 2004, as amended at 71 FR 60847, Oct. 17, 2006] (3) Review fire response employee training programs and hands-on ses- § 1915.508 Training. sions before they are used in fire response training to make sure that fire (a) The employer must train employ- response employees are protected from ees in the applicable requirements of hazards associated with fire response this section: training; (1) Within 90 days of December 14, (4) Provide training for fire response 2004, for employees currently working; employees that ensures they are capa- (2) Upon initial assignment for new ble of carrying out their duties and re- employees; and sponsibilities under the employer’s (3) When necessary to maintain pro- standard operating procedures; ficiency for employees previously (5) Train new fire response employees trained. before they engage in emergency oper- (b) Employee training. The employer ations; must ensure that all employees are (6) At least quarterly, provide train- trained on: ing on the written operating proce- (1) The emergency alarm signals, in- dures to fire response employees who cluding system discharge alarms and are expected to fight fires; employee evacuation alarms; and (7) Use qualified instructors to con- (2) The primary and secondary evacu- duct the training; ation routes that employees must use (8) Conduct any training that in- in the event of a fire in the workplace. volves live fire response exercises in While all vessels and vessel sections accordance with NFPA 1403–2002 Stand- must have a primary evacuation route, ard on Live Fire Training Evolutions a secondary evacuation route is not re- (incorporated by reference, see § 1915.5); quired when impracticable. (9) Conduct semi-annual drills ac- (c) Additional training requirements for cording to the employer’s written pro- employees expected to fight incipient stage cedures for fire response employees fires. The employer must ensure that that cover site-specific operations, oc- employees expected to fight incipient cupancies, buildings, vessels and vessel stage fires are trained on the following: sections, and fire-related hazards; and (1) The general principles of using (10) Prohibit the use of smoke gener- fire extinguishers or hose lines, the ating devices that create a dangerous hazards involved with incipient fire- atmosphere in training exercises. fighting, and the procedures used to re- (e) Additional training requirements for duce these hazards; fire watch duty. (1) The employer must (2) The hazards associated with fixed ensure that each fire watch is trained and portable fire protection systems by an instructor with adequate fire that employees may use or to which watch knowledge and experience to they may be exposed during discharge cover the items as follows: of those systems; and (i) Before being assigned to fire (3) The activation and operation of watch duty; fixed and portable fire protection sys- (ii) Whenever there is a change in op- tems that the employer expects em- erations that presents a new or dif- ployees to use in the workplace. ferent hazard;

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(iii) Whenever the employer has rea- training; and the date(s) on which the son to believe that the fire watch’s training took place. knowledge, skills, or understanding of (2) The employer must keep each the training previously provided is in- training record for one year from the adequate; and time it was made or until it is replaced (iv) Annually. with a new training record, whichever (2) The employer must ensure that is shorter, and make it available for in- each employee who stands fire watch spection and copying by OSHA on re- duty is trained in: quest. (i) The basics of fire behavior, the different classes of fire and of extin- § 1915.509 Definitions applicable to guishing agents, the stages of fire, and this subpart. methods for extinguishing fires; Alarm—a signal or message from a (ii) Extinguishing live fire scenarios person or device that indicates that whenever allowed by local and federal there is a fire, medical emergency, or law; other situation that requires emer- (iii) The recognition of the adverse gency response or evacuation. At some health effects that may be caused by shipyards, this may be called an ‘‘inci- exposure to fire; dent’’ or a ‘‘call for service.’’ (iv) The physical characteristics of Alarm system—a system that warns the hot work area; employees at the worksite of danger. (v) The hazards associated with fire Body harness—a system of straps that watch duties; may be secured about the employee in (vi) The personal protective equip- a manner that will distribute the fall ment (PPE) needed to perform fire arrest forces over at least the thighs, watch duties safely; shoulders, chest, and pelvis, with (vii) The use of PPE; means for attaching it to other compo- (viii) The selection and use of any nents of a personal fall arrest system. fire extinguishers and fire hoses likely Class II standpipe system—a 11⁄2 inch to be used by a fire watch in the work (3.8 cm) hose system which provides a area; means for the control or extinguish- (ix) The location and use of barriers; ment of incipient stage fires. (x) The means of communication des- Contract employer—an employer, such ignated by the employer for fire watch- as a painter, joiner, carpenter, or scaf- es; folding sub-contractor, who performs (xi) When and how to start fire alarm work under contract to the host em- procedures; and ployer or to another employer under (xii) The employer’s evacuation plan. contract to the host employer at the (3) The employer must ensure that host employer’s worksite. This ex- each fire watch is trained to alert oth- cludes employers who provide inci- ers to exit the space whenever: dental services that do not influence (i) The fire watch perceives an unsafe shipyard employment (such as mail de- condition; livery or office supply services). (ii) The fire watch perceives that a Dangerous atmosphere—an atmosphere worker performing hot work is in dan- that may expose employees to the risk ger; of death, incapacitation, injury, acute (iii) The employer or a representative illness, or impairment of ability to of the employer orders an evacuation; self-rescue (i.e., escape unaided from a or confined or enclosed space). (iv) An evacuation signal, such as an Designated area—an area established alarm, is activated. for hot work after an inspection that is (f) Records. The employer must keep free of fire hazards. records that demonstrate that employ- Drop Test—a method utilizing gauges ees have been trained as required by to ensure the integrity of an oxygen paragraphs (a) through (e) of this sec- fuel gas burning system. The method tion. requires that the burning torch is in- (1) The employer must ensure that stalled to one end of the oxygen and the records include the employee’s fuel gas lines and then the gauges are name; the trainer’s name; the type of attached to the other end of the hoses.

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The manifold or cylinder supply valve or more of the total volume of the mix- is opened and the system is pressur- ture. ized. The manifold or cylinder supply Hazardous substance—a substance valve is then closed and the gauges are likely to cause injury by reason of watched for at least sixty (60) seconds. being explosive, flammable, poisonous, Any drop in pressure indicates a leak. corrosive, oxidizing, an irritant, or oth- Emergency operations—activities per- erwise harmful. formed by fire response organizations Hose systems—fire protection systems that are related to: rescue, fire sup- consisting of a water supply, approved pression, emergency medical care, and fire hose, and a means to control the special operations or activities that in- flow of water at the output end of the clude responding to the scene of an in- hose. cident and all activities performed at Host employer—an employer who is in that scene. charge of coordinating work or who Fire hazard—a condition or material hires other employers to perform work that may start or contribute to the at a multi-employer workplace. spread of fire. Incident management system—a system Fire protection—methods of providing that defines the roles and responsibil- fire prevention, response, detection, ities to be assumed by personnel and control, extinguishment, and engineer- the operating procedures to be used in ing. the management and direction of emer- Fire response—the activity taken by gency operations; the system is also re- the employer at the time of an emer- ferred to as an ‘‘incident command sys- gency incident involving a fire at the tem’’ (ICS). worksite, including fire suppression activities carried out by internal or ex- Incipient stage fire—a fire, in the ini- ternal resources or a combination of tial or beginning stage, which can be both, or total or partial employee evac- controlled or extinguished by portable uation of the area exposed to the fire. fire extinguishers, Class II standpipe or small hose systems without the need Fire response employee—a shipyard employee who carries out the duties for protective clothing or breathing ap- and responsibilities of shipyard fire- paratus. fighting in accordance with the fire Inerting—the displacement of the at- safety plan. mosphere in a permit space by non- Fire response organization—an orga- combustible gas (such as nitrogen) to nized group knowledgeable, trained, such an extent that the resulting at- and skilled in shipyard firefighting op- mosphere is noncombustible. This pro- erations that responds to shipyard fire cedure produces an IDLH oxygen-defi- emergencies, including: fire brigades, cient atmosphere. shipyard fire departments, private or Interior structural firefighting oper- contractual fire departments, and mu- ations—the physical activity of fire re- nicipal fire departments. sponse, rescue, or both involving a fire Fire suppression—the activities in- beyond the incipient stage inside of volved in controlling and extinguishing buildings, enclosed structures, vessels, fires. and vessel sections. Fire watch—the activity of observing Multi-employer workplace—a work- and responding to the fire hazards asso- place where there is a host employer ciated with hot work in shipyard em- and at least one contract employer. ployment and the employees des- Personal Alert Safety System (PASS)—a ignated to do so. device that sounds a loud signal if the Fixed extinguishing system—a perma- wearer becomes immobilized or is mo- nently installed fire protection system tionless for 30 seconds or more. that either extinguishes or controls Physical isolation—the elimination of fire occurring in the space it protects. a fire hazard by removing the hazard Flammable liquid—any liquid having a from the work area (at least 35 feet for flashpoint below 100 °F (37.8 °C), except combustibles), by covering or shielding any mixture having components with the hazard with a fire-resistant mate- flashpoints of 100 °F (37.8 °C) or higher, rial, or physically preventing the haz- the total of which make up 99 percent ard from entering the work area.

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Physically isolated—positive isolation APPENDIX A TO SUBPART P OF PART of the supply from the distribution pip- 1915—MODEL FIRE SAFETY PLAN ing of a fixed extinguishing system. Ex- (NON-MANDATORY) amples of ways to physically isolate in- MODEL FIRE SAFETY PLAN clude: removing a spool piece and installing a blank flange; providing a NOTE: This appendix is non-mandatory and double block and bleed valve system; provides guidance to assist employers in es- or completely disconnecting valves and tablishing a Fire Safety Plan as required in § 1915.502. piping from all cylinders or other pressure vessels containing extinguishing TABLE OF CONTENTS agents. I. Purpose. Protected space—any space into which II. Work site fire hazards and how to prop- a fixed extinguishing system can dis- erly control them. charge. III. Alarm systems and how to report fires. Proximity firefighting—specialized IV. How to evacuate in different emergency fire-fighting operations that require situations. specialized thermal protection and V. Employee awareness. may include the activities of rescue, I. PURPOSE fire suppression, and property conservation at incidents involving fires The purpose of this fire safety plan is to in- producing very high levels of conduc- form our employees of how we will control tive, convective, and radiant heat such and reduce the possibility of fire in the workplace and to specify what equipment as aircraft fires, bulk flammable gas employees may use in case of fire. fires, and bulk flammable liquid fires. Proximity firefighting operations usu- II. WORK SITE FIRE HAZARDS AND HOW TO ally are exterior operations but may be PROPERLY CONTROL THEM combined with structural firefighting A. Measures to contain fires. operations. Proximity firefighting is B. Teaching selected employees how to use not entry firefighting. fire protection equipment. Qualified instructor—a person with C. What to do if you discover a fire. specific knowledge, training, and expe- D. Potential ignition sources for fires and rience in fire response or fire watch ac- how to control them. E. Types of fire protection equipment and tivities to cover the material found in systems that can control a fire. § 1915.508(b) or (c). F. The level of firefighting capability Rescue—locating endangered persons present in the facility, vessel, or vessel sec- at an emergency incident, removing tion. those persons from danger, treating the G. Description of the personnel responsible injured, and transporting the injured for maintaining equipment, alarms, and sys- to an appropriate health care facility. tems that are installed to prevent or control fire ignition sources, and to control fuel Shipyard firefighting—the activity of source hazards. rescue, fire suppression, and property conservation involving buildings, en- III. ALARM SYSTEMS AND HOW TO REPORT closed structures, vehicles, vessels, air- FIRES craft, or similar properties involved in A. A demonstration of alarm procedures, if a fire or emergency situation. more than one type exists. Small hose system—a system of hoses B. The work site emergency alarm system. ranging in diameter from 5⁄8″ (1.6 cm) C. Procedures for reporting fires. up to 11⁄2″ (3.8 cm) which is for the use IV. HOW TO EVACUATE IN DIFFERENT of employees and which provides a EMERGENCY SITUATIONS means for the control and extinguishment of incipient stage fires. A. Emergency escape procedures and route Standpipe—a fixed fire protection sys- assignments. B. Procedures to account for all employees tem consisting of piping and hose con- after completing an emergency evacuation. nections used to supply water to ap- C. What type of evacuation is needed and proved hose lines or sprinkler systems. what the employee’s role is in carrying out The hose may or may not be connected the plan. to the system. D. Helping physically impaired employees.

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V. EMPLOYEE AWARENESS C is the concentration during any period of time T where the concentration remains Names, job titles, or departments of indi- constant. viduals who can be contacted for further information about this plan. T is the duration in hours of the exposure at the concentration C. Subparts Q–Y [Reserved] The value of E shall not exceed the 8-hour time weighted average specified in subpart Z of 29 CFR part 1915 for the material involved. Subpart Z—Toxic and Hazardous Substances (ii) To illustrate the formula prescribed in paragraph (d)(1)(i) of this section, assume that Substance A has SOURCE: 58 FR 35514, July 1, 1993, unless otherwise noted. an 8-hour time weighted average limit of 100 ppm noted in Table Z—Ship- § 1915.1000 Air contaminants. yards. Assume that an employee is sub- Wherever this section applies, an em- ject to the following exposure: ployee’s exposure to any substance list- Two hours exposure at 150 ppm ed in Table Z—Shipyards of this sec- Two hours exposure at 75 ppm tion shall be limited in accordance Four hours exposure at 50 ppm with the requirements of the following Substituting this information in the for- paragraphs of this section. mula, we have (a)(1) Substances with limits preceded (2 × 150 + 2 × 75 + 4 × 50) ÷ 8 = 81.25 ppm by ‘‘C’’—Ceiling values. An employee’s Since 81.25 ppm is less than 100 ppm, the 8- exposure to any substance in Table Z— hour time weighted average limit, the expo- Shipyards, the exposure limit of which sure is acceptable. is preceded by a ‘‘C,’’ shall at no time exceed the exposure limit given for (2)(i) in case of a mixture of air con- that substance. If instantaneous moni- taminants an employer shall compute toring is not feasible, then the ceiling the equivalent exposure as follows:

shall be assessed as a 15-minute time Em = (C1 ÷ L1 + C2 ÷ L2) + ...(Cn ÷ Ln) weighted average exposure which shall not be exceeded at any time over a Where: working day. Em is the equivalent exposure for the mix- (2) Other Substances—8-hour Time ture. Weighted Averages. An employee’s expo- C is the concentration of a particular con- sure to any substance in Table Z— taminant. Shipyards, the exposure limit of which L is the exposure limit for that substance is not preceded by a ‘‘C,’’ shall not ex- specified in subpart Z of 29 CFR part 1915. ceed the 8-hour Time Weighted Aver- The value of Em shall not exceed unity (1). age given for that substance in any 8- (ii) To illustrate the formula pre- hour work shift of a 40-hour work scribed in paragraph (d)(2)(i) of this week. section, consider the following expo- (b)–(c) [Reserved] sures: (d) Computation formula. The computation formula which shall apply to Actual concentration of 8 8 hr. TWA employee exposure to more than one Substance hour exposure PEL (ppm) substance for which 8-hour time (ppm) weighted averages are listed in subpart Z of 29 CFR part 1915 in order to deter- B ...... 500 1000 C ...... 45 200 mine whether an employee is exposed D ...... 40 200 over the regulatory limit is as follows: Substituting in the formula, we have: (1)(i) The cumulative exposure for an Em = 500 ÷ 1,000 + 45 ÷ 200 + 40 ÷ 200 8-hour work shift shall be computed as Em = 0.500 + 0.225 + 0.200 follows: Em = 0.925

E = (Ca Ta + Cb Tb + ...Cn Tn) ÷ 8 Since Em is less than unity (1), the ex- Where: posure combination is within acceptable limits. E is the equivalent exposure for the working shift.

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TABLE Z—SHIPYARDS

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Abate; see Temephos. Acetaldehyde ...... 75–07–0 200 360 — Acetic acid ...... 64–19–7 10 25 — Acetic anhydride ...... 108–24–7 5 20 — Acetone ...... 67–64–1 1000 2400 — Acetonitrile ...... 75–05–8 40 70 — 2-Acetylaminofluorine; see § 1915.1014 ...... 53–96–3 Acetylene ...... 74–86–2 E Acetylene dichloride; see 1,2- Dichloroethylene. Acetylene tetrabromide ...... 79–27–6 1 14 — Acrolein ...... 107–02–8 0.1 0 .25 — Acrylamide ...... 79–06–1 — 0 .3 X Acrylonitrile; see § 1915.1045 ...... 107–13–1 Aldrin ...... 309–00–2 — 0 .25 X Allyl alcohol ...... 107–18–6 2 5 X Allyl chloride ...... 107–05–1 1 3 — Allyl glycidyl ether (AGE) ...... 106–92–3 (C)10 (C)45 — Allyl propyl disulfide ...... 2179–59–1 2 12 — alpha-Alumina ...... 1344–28–1 Total dust ...... — 15 — Respirable fraction ...... — 5 — Aluminum, (as Al) Metal ...... 7429–90–5 Total dust ...... — 15 — Respirable fraction ...... — 5 — Alundum; see alpha-Alumina. 4-Aminodiphenyl; see § 1915.1011 ...... 92–67–1 2-Aminoethanol; see Ethanolamine. 2-Aminopyridine ...... 504–29–0 0.5 2 — Ammonia ...... 7664–41–7 50 35 — Ammonium sulfamate ...... 7773–06–0 Total dust ...... — 15 — Respirable fraction ...... — 5 — n-Amyl acetate ...... 628–63–7 100 525 — sec-Amyl acetate ...... 626–38–0 125 650 — Aniline and homologs ...... 62–53–3 5 19 X Anisidine (o-, p-isomers) ...... 29191–52–4 — 0.5 X Antimony and compounds (as Sb) ...... 7440–36–0 — 0.5 — ANTU (alpha Naphthylthiourea) ...... 86–88–4 — 0.3 — Argon ...... 7440–37–1 E Arsenic, inorganic compounds (as As); see § 1915.1018 ...... 7440–38–2 — — — Arsenic, organic compounds (as As) ...... 7440–38–2 — 0 .5 — Arsine ...... 7784–42–1 0.05 0 .2 — Asbestos; see 1915.1001. Azinphos-methyl ...... 86–50–0 — 0.2 X Barium, soluble compounds (as Ba) ...... 7440–39–3 — 0.5 — Barium sulfate ...... 7727–43–7 Total dust ...... — 15 — Respirable fraction ...... — 5 — Benomyl ...... 17804–35–2 Total dust ...... — 15 — Respirable fraction ...... — 5 — Benzene g; see § 1915.1028 ...... 71–43–2 Benzidine; see § 1915.1010 ...... 92–87–5 p-Benzoquinone; see Quinone. Benzo(a)pyrene; see Coal tar pitch volatiles. Benzoyl peroxide ...... 94–36–0 — 5 — Benzyl chloride ...... 100–44–7 1 5 — Beryllium and beryllium compounds (as Be); see 1915.1024 (q) ...... 7440–41–7 ...... 0 .002 Biphenyl; see Diphenyl.

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Bismuth telluride, Undoped ...... 1304–82–1 Total dust ...... — 15 — Respirable fraction ...... — 5 — Bisphenol A; see Diglycidyl ether. Boron oxide ...... 1303–86–2 Total dust ...... — 15 — Boron tribromide ...... 10294–33–4 1 10 — Boron trifluoride ...... 7637–07–2 (C)1 (C)3 — Bromine ...... 7726–95–6 0 .1 0 .7 — Bromine pentafluoride ...... 7789–30–2 0.1 0 .7 — Bromoform ...... 75–25–2 0 .5 5 X Butadiene (1,3-Butadiene); see 29 CFR 1910.1051; 29 CFR 1910.19(l) ...... 106–99–0 1 — — ppm/5 ppm STEL Butanethiol; see Butyl mercaptan. 2-Butanone (Methyl ethyl ketone) ...... 78–93–3 200 590 — 2-Butoxyethanol ...... 111–76–2 50 240 X n-Butyl-acetate ...... 123–86–4 150 710 — sec-Butyl acetate ...... 105–46–4 200 950 — tert-Butyl acetate ...... 540–88–5 200 950 — n-Butyl alcohol ...... 71–36–3 100 300 — sec-Butyl alcohol ...... 78–92–2 150 450 — tert-Butyl alcohol ...... 75–65–0 100 300 — Butylamine ...... 109–73–9 (C)5 (C)15 X tert-Butyl chromate (as CrO3); see 1915.1026 n ...... 1189–85–1 n-Butyl glycidyl ether (BGE) ...... 2426–08–6 50 270 — Butyl mercaptan ...... 109–79–5 0 .5 1.5 — p-tert-Butyltoluene ...... 98–51–1 10 60 — Cadmium dust fume (as Cd); see 1915.1027 ...... 7440–43–9 — — — Calcium carbonate ...... 1317–65–3 Total dust ...... — 15 — Respirable fraction ...... — 5 — Calcium hydroxide ...... 1305–62–0 — — — Calcium hydroxide. Total dust ...... — 15 — Respirable fraction ...... — 5 — Calcium oxide ...... 1305–78–8 — 5 — Calcium silicate ...... 1344–95–2 Total dust ...... — 15 — Respirable fraction ...... — 5 — Calcium sulfate ...... 7778–18–9 Total dust ...... — 15 — Respirable fraction ...... — 5 — Camphor, synthetic ...... 76–22–2 — 2 — Carbaryl (Sevin) ...... 63–25–2 — 5 — Carbon black ...... 1333–86–4 — 3.5 — Carbon dioxide ...... 124–38–9 5000 9000 — Carbon disulfide ...... 75–15–0 20 60 X Carbon monoxide ...... 630–08–0 50 55 — Carbon tetrachloride ...... 56–23–5 10 65 X Cellulose ...... 9004–34–6 Total dust ...... — 15 — Respirable fraction ...... — 5 — Chlordane ...... 57–74–9 — 0 .5 X Chlorinated camphene ...... 8001–35–2 — 0 .5 X Chlorinated diphenyl oxide ...... 55720–99–5 — 0.5 — Chlorine ...... 7782–50–5 1 3 — Chlorine trifluoride ...... 7790–91–2 (C)0 .1 (C)0.4 —

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Chloroacetaldehyde ...... 107–20–0 (C)1 (C)3 — a-Chloroacetophenone (Phenacyl chloride) 532–27–4 0 .05 0 .3 — Chlorobenzene ...... 108–90–7 75 350 — o-Chlorobenzylidene malononitrile ...... 2698–41–1 0.05 0.4 — Chlorobromomethane ...... 74–97–5 200 1050 — 2-Chloro-1,3-butadiene; see beta-Chloro- prene. Chlorodiphenyl (42% Chlorine) (PCB) ...... 53469–21–9 — 1 X Chlorodiphenyl (54% Chlorine) (PCB) ...... 11097–69–1 — 0.5 X 1-Chloro,2,3-epoxypropane; see Epichlorohydrin. 2-Chloroethanol; see Ethylene chlorohydrin. Chloroethylene; see Vinyl chloride. Chloroform (Trichloromethane) ...... 67–66–3 50 240 — bis(Chloromethyl) ether; see § 1915.1008 ... 542–88–1 Chloromethyl methyl ether; see § 1915.1006 107–30–2 1-Chloro-1-nitropropane ...... 600–25–9 20 100 — Chloropicrin ...... 76–06–2 0.1 0 .7 beta-Chloroprene ...... 126–99–8 25 90 X 2-Chloro-6-(trichloromethyl) pyridine ...... 1929–82–4 Total dust ...... — 15 — Respirable fraction ...... — 5 — Chromium (II) compounds. (as Cr) ...... 7440–47–3 — 0 .5 — Chromium (III) compounds. (as Cr) ...... 7440–47–3 — 0 .5 — Chromium (VI) compounds; see 1915.1026 o. Chromium metal and insol. salts (as Cr) ..... 7440–47–3 — 1 — Chrysene; see Coal tar pitch volatiles. Clopidol ...... 2971–90–6 Total dust ...... — 15 — Respirable fraction ...... — 5 — Coal tar pitch volatiles (benzene soluble fraction), anthracene, BaP, phenanthrene, acridine, chrysene, pyrene ...... 65966–93–2 — 0 .2 — Cobalt metal, dust, and fume (as Co) ...... 7440–48–4 — 0 .1 — Copper ...... 7440–50–8 Fume (as Cu) ...... — 0.1 — Dusts and mists (as Cu) ...... — 1 — Corundum; see Emery. Cotton dust (raw) ...... — 1 Crag herbicide (Sesone) ...... 136–78–7 Total dust ...... — 15 — Respirable fraction ...... — 5 — Cresol, all isomers ...... 1319–77–3 5 22 X Crotonaldehyde ...... 123–73–9; 2 6 4170–30–3 Cumene ...... 98–82–8 50 245 X Cyanides (as CN) ...... Varies with — 5 — Compound Cyanogen ...... 460–19–5 10 — — Cyclohexane ...... 110–82–7 300 1050 — Cyclohexanol ...... 108–93–0 50 200 — Cyclohexanone ...... 108–94–1 50 200 — Cyclohexene ...... 110–83–8 300 1015 — Cyclonite ...... 121–82–4 — 1.5 X Cyclopentadiene ...... 542–92–7 75 200 — 2,4-D (Dichlorophenoxyacetic acid) ...... 94–75–7 — 10 — Decaborane ...... 17702–41–9 0 .05 0 .3 X Demeton (Systox) ...... 8065–48–3 — 0.1 X

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Diacetone alcohol (4-Hydroxy-4-methyl-2- pentanone) ...... 123–42–2 50 240 — 1,2-Diaminoethane; see Ethylenediamine. Diazomethane ...... 334–88–3 0.2 0 .4 — Diborane ...... 19287–45–7 0 .1 0 .1 — 1,2-Dibromo-3-chloropropane (CBCP); see § 1915.1044 ...... 96–12–8 — 1,2-Dibromoethane; see Ethylene dibromide. Dibutyl phosphate ...... 107–66–4 1 5 — Dibutyl phthalate ...... 84–74–2 — 5 — Dichloroacetylene ...... 7572–29–4 (C)0 .1 (C)0.4 — o-Dichlorobenzene ...... 95–50–1 (C)50 (C)300 — p-Dichlorobenzene ...... 106–46–7 75 450 — 3,3′-Dichlorobenzidine; see § 1915.1007 ..... 91–94–1 Dichlorodifluoromethane ...... 75–71–8 1000 4950 — 1,3-Dichloro-5,5-dimethyl hydantoin ...... 118–52–5 — 0 .2 — Dichlorodiphenyltrichloroethane (DDT) ...... 50–29–3 — 1 X 1,1-Dichloroethane ...... 75–34–3 100 400 — 1,2-Dichloroethane; see Ethylene dichloride. 1,2-Dichloroethylene ...... 540–59–0 200 790 — Dichloroethyl ether ...... 111–44–4 (C)15 (C)90 X Dichloromethane; see Methylene chloride. Dichloromonofluoromethane ...... 75–43–4 1000 4200 — 1,1-Dichloro-1-nitroethane ...... 594–72–9 (C)10 (C)60 — 1,2-Dichloropropane; see Propylene dichloride. Dichlorotetrafluoroethane ...... 76–14–2 1000 7000 — Dichlorvos (DDVP) ...... 62–73–7 — 1 X Dicyclopentadienyl iron ...... 102–54–5 Total dust ...... — 15 — Respirable fraction ...... — 5 — Dieldrin ...... 60–57–1 — 0.25 X Diethylamine ...... 109–89–7 25 75 — 2-Diethylaminoethanol ...... 100–37–8 10 50 — Diethylene triamine ...... 111–40–0 (C)10 (C)42 X Diethyl ether; see Ethyl ether. Difluorodibromomethane ...... 75–61–6 100 860 — Diglycidyl ether (DGE) ...... 2238–07–5 (C)0 .5 (C)2.8 — Dihydroxybenzene; see Hydroquinone. Diisobutyl ketone ...... 108–83–8 50 290 — Diisopropylamine ...... 108–18–9 5 20 X 4-Dimethylaminoazobenzene; see § 1915.1015 ...... 60–11–7 Dimethoxymethane; see Methylal. Dimethyl acetamide ...... 127–19–5 10 35 X Dimethylamine ...... 124–40–3 10 18 — Dimethylaminobenzene; see Xylidine. Dimethylaniline (N,N-Dimethylaniline) ...... 121–69–7 5 25 X Dimethylbenzene; see Xylene. Dimethyl-1,2-dibromo- 2,2-dichloroethyl phosphate ...... 300–76–5 — 3 — Dimethylformamide ...... 68–12–2 10 30 X 2,6-Dimethyl-4-heptanone; see Diisobutyl ketone. 1,1-Dimethylhydrazine ...... 57–14–7 0 .5 1 X Dimethylphthalate ...... 131–11–3 — 5 — Dimethyl sulfate ...... 77–78–3 1 5 X Dinitrobenzene (all isomers) ...... 1 X (ortho) ...... 528–29–0 (meta) ...... 99–65–0 (para) ...... 100–25–4 Dinitro-o-cresol ...... 534–52–1 — 0.2 X

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Dinitrotoluene ...... 25321–14–6 — 1.5 X Dioxane (Diethylene dioxide) ...... 123–91–1 100 360 X Diphenyl (Biphenyl) ...... 92–52–4 0.2 1 — Diphenylamine ...... 122–39–4 — 10 — Diphenylmethane diisocyanate; see Meth- ylene bisphenyl isocyanate. Dipropylene glycol methyl ether ...... 34590–94–8 100 600 X Di-sec octyl phthalate (Di-(2-ethylhexyl) phthalate) ...... 117–81–7 — 5 — Emery ...... 12415–34–8 Total dust ...... — 15 — Respirable fraction ...... — 5 — Endosulfan ...... 115–29–7 — 0 .1 X Endrin ...... 72–20–8 — 0 .1 X Epichlorohydrin ...... 106–89–8 5 19 X EPN ...... 2104–64–5 — 0.5 X 1,2-Epoxypropane; see Propylene oxide. 2,3-Epoxy-1-propanol; see Glycidol. Ethane ...... 74–84–0 E Ethanethiol; see Ethyl mercaptan. Ethanolamine ...... 141–43–5 3 6 — 2-Ethoxyethanol (Cellosolve) ...... 110–80–5 200 740 X 2-Ethoxyethyl acetate (Cellosolve acetate) .. 111–15–9 100 540 X Ethyl acetate ...... 141–78–6 400 1400 — Ethyl acrylate ...... 140–88–5 25 100 X Ethyl alcohol (Ethanol) ...... 64–17–5 1000 1900 — Ethylamine ...... 75–04–7 10 18 — Ethyl amyl ketone (5-Methyl-3-heptanone) .. 541–85–5 25 130 — Ethyl benzene ...... 100–41–4 100 435 — Ethyl bromide ...... 74–96–4 200 890 — Ethyl butyl ketone (3-Heptanone) ...... 106–35–4 50 230 — Ethyl chloride ...... 75–00–3 1000 2600 — Ethyl ether ...... 60–29–7 400 1200 — Ethyl formate ...... 109–94–4 100 300 — Ethyl mercaptan ...... 75–08–1 0 .5 1 — Ethyl silicate ...... 78–10–4 100 850 — Ethylene ...... 74–85–1 E Ethylene chlorohydrin ...... 107–07–3 5 16 X Ethylenediamine ...... 107–15–3 10 25 — Ethylene dibromide ...... 106–93–4 (C)25 (C)190 X Ethylene dichloride (1,2-Dichloroethane) ..... 107–06–2 50 200 — Ethylene glycol dinitrate ...... 628–96–6 (C)0 .2 (C)1 X Ethylene glycol methyl acetate; see Methyl cellosolve acetate. Ethyleneimine; see § 1915.1012 ...... 151–56–4 Ethylene oxide; see § 1915.1047 ...... 75–21–8 Ethylidene chloride; see 1,1-Dichloroethane. N-Ethylmorpholine ...... 100–74–3 20 94 X Ferbam ...... 14484–64–1 Total dust ...... — 15 — Ferrovanadium dust ...... 12604–58–9 — 1 — Fibrous Glass. Total dust ...... 15 — Respirable fraction ...... — 5 — Fluorides (as F) ...... Varies with — 2.5 — compound Fluorine ...... 7782–41–4 0 .1 0.2 — Fluorotrichloromethane (Trichlorofluoromethane) ...... 75–69–4 1000 5600 — Formaldehyde; see § 1915.1048 ...... 50–00–0 Formic acid ...... 64–18–6 5 9 — Furfural ...... 98–01–1 5 20 X

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Furfuryl alcohol ...... 98–00–0 50 200 — Gasoline ...... 8006–61–9 A 3 — Glycerin (mist) ...... 56–81–5 Total dust ...... — 15 — Respirable fraction ...... — 5 — Glycidol ...... 556–52–5 50 150 — Glycol monoethyl ether; see 2- Ethoxyethanol. Graphite, natural, respirable dust ...... 7782–42–5 (2) (2) (2) Graphite, synthetic. Total dust ...... — 15 — Respirable fraction ...... — 5 — Guthion; see Azinphos methyl. Gypsum ...... 13397–24–5 Total dust ...... — 15 — Respirable fraction ...... — 5 — Hafnium ...... 7440–58–6 — 0 .5 — Helium ...... 7440–59–7 E Heptachlor ...... 76–44–8 — 0 .5 X Heptane (n-Heptane) ...... 142–82–5 500 2000 — Hexachloroethane ...... 67–72–1 1 10 X Hexachloronaphthalene ...... 1335–87–1 — 0 .2 X n-Hexane ...... 110–54–3 500 1800 — 2-Hexanone (Methyl n-butyl ketone) ...... 591–78–6 100 410 — Hexone (Methyl isobutyl ketone) ...... 108–10–1 100 410 — sec-Hexyl acetate ...... 108–84–9 50 300 — Hydrazine ...... 302–01–2 1 1 .3 X Hydrogen ...... 1333–74–0 E Hydrogen bromide ...... 10035–10–6 3 10 — Hydrogen chloride ...... 7647–01–0 (C)5 (C)7 — Hydrogen cyanide ...... 74–90–8 10 11 X Hydrogen fluoride (as F) ...... 7664–39–3 3 2 — Hydrogen peroxide ...... 7722–84–1 1 1 .4 — Hydrogen selenide (as Se) ...... 7783–07–5 0 .05 Hydrogen sulfide ...... 7783–06–4 10 15 — Hydroquinone ...... 123–31–9 — 2 — Indene ...... 95–13–6 10 45 — Indium and compounds (as In) ...... 7440–74–6 — 0 .1 — Iodine ...... 7553–56–2 (C)0 .1 (C)1 — Iron oxide fume ...... 1309–37–1 — 10 — Iron salts (soluble) (as Fe) ...... Varies with — 1 — compound Isoamyl acetate ...... 123–92–2 100 525 — Isoamyl alcohol (primary and secondary) .... 123–51–3 100 360 — Isobutyl acetate ...... 110–19–0 150 700 — Isobutyl alcohol ...... 78–83–1 100 300 — Isophorone ...... 78–59–1 25 140 — Isopropyl acetate ...... 108–21–4 250 950 — Isopropyl alcohol ...... 67–63–0 400 980 — Isopropylamine ...... 75–31–0 5 12 — Isopropyl ether ...... 108–20–3 500 2100 — Isopropyl glycidyl ether (IGE) ...... 4016–14–2 50 240 — Kaolin ...... 1332–58–7 Total dust ...... — 15 — Respirable fraction ...... — 5 — Ketene ...... 463–51–4 0 .5 0 .9 — Lead, inorganic (as Pb); see § 1915.1025 ... 7439–92–1 — — — Limestone ...... 1317–65–3 Total dust ...... — 15 — Respirable fraction ...... — 5 — Lindane ...... 58–89–9 — 0 .5 X Lithium hydride ...... 7580–67–8 — 0 .025 —

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

L.P.G. (Liquefied petroleum gas) ...... 68476–85–7 1000 1800 Magnesite ...... 546–93–0 Total dust ...... — 15 — Respirable fraction ...... — 5 — Magnesium oxide fume ...... 1309–48–4 Total particulate ...... 15 — — Malathion ...... 121–75–5 Total dust ...... — 15 X Maleic anhydride ...... 108–31–6 0.25 Manganese compounds (as Mn) ...... 7439–96–5 — (C)5 — Manganese fume (as Mn) ...... 7439–96–5 — (C)5 — Marble ...... 1317–65–3 Total dust ...... — 15 — Respirable fraction ...... — 5 — Mercury (aryl and inorganic)(as Hg) ...... 7439–97–6 0.1 X Mercury (organo) alkyl compounds (as Hg) 7439–97–6 — 0 .01 X Mercury (vapor) (as Hg) ...... 7439–97–6 — 0 .1 X Mesityl oxide ...... 141–79–7 25 100 — Methane ...... 74–82–8 E Methanethiol; see Methyl mercaptan. Methoxychlor ...... 72–43–5 Total dust ...... — 15 — 2-Methoxyethanol (Methyl cellosolve) ...... 109–86–4 25 80 X 2-Methoxyethyl acetate (Methyl cellosolve acetate) ...... 110–49–6 25 120 X Methyl acetate ...... 79–20–9 200 610 — Methyl acetylene (Propyne) ...... 74–99–7 1000 1650 — Methyl acetylene-propadiene mixture (MAPP) ...... 1000 1800 — Methyl acrylate ...... 96–33–3 10 35 X Methylal (Dimethoxy-methane) ...... 109–87–5 1000 3100 — Methyl alcohol ...... 67–56–1 200 260 — Methylamine ...... 74–89–5 10 12 — Methyl amyl alcohol; see Methyl isobutyl carbinol. Methyl n-amyl ketone ...... 110–43–0 100 465 — Methyl bromide ...... 74–83–9 (C)20 (C)80 X Methyl butyl ketone; see 2-Hexanone. Methyl cellosolve; see 2-Methoxyethanol. Methyl cellosolve acetate; see 2- Methoxyethyl acetate. Methyl chloride ...... 74–87–3 100 210 — Methyl chloroform (1,1,1-Trichloroethane) ... 71–55–6 350 1900 — Methylcyclohexane ...... 108–87–2 500 2000 — Methylcyclohexanol ...... 25639–42–3 100 470 — o-Methylcyclohexanone ...... 583–60–8 100 460 X Methylene chloride; see § 1910.1052. Methyl ethyl ketone (MEK); see 2-Butanone. Methyl formate ...... 107–31–3 100 250 — Methyl hydrazine (Monomethyl hydrazine) .. 60–34–4 (C)0.2 (C)0 .35 X Methyl iodide ...... 74–88–4 5 28 X Methyl isoamyl ketone ...... 110–12–3 100 475 — Methyl isobutyl carbinol ...... 108–11–2 25 100 X Methyl isobutyl ketone; see Hexone. Methyl isocyanate ...... 624–83–9 0 .02 0 .05 X Methyl mercaptan ...... 74–93–1 0 .5 1 — Methyl methacrylate ...... 80–62–6 100 410 100 Methyl propyl ketone; see 2-Pentanone. Methyl silicate ...... 681–84–5 5 30 — alpha-Methyl styrene ...... 98–83–9 (C)100 (C)480 — Methylene bisphenyl isocyanate (MDI) ...... 101–68–8 (C)0.02 (C)0.2 — Mica; see Silicates.

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Mineral wool. Total dust ...... — 15 — Respirable dust ...... — 5 — Molybdenum (as Mo) ...... 7439–98–7 Soluble compounds ...... — 5 — Insoluble compounds. Total dust ...... — 15 — Monomethyl aniline ...... 100–61–8 2 9 X Monomethyl hydrazine; see Methyl hydrazine. Morpholine ...... 110–91–8 20 70 X Naphtha (Coal tar) ...... 8030–30–6 100 400 — Naphthalene ...... 91–20–3 10 50 — alpha-Naphthylamine; see § 1915.1004 ...... 134–32–7 beta-Naphthylamine; see § 1915.1009 ...... 91–59–8 — Neon ...... 7440–01–9 ...... Nickel carbonyl (as Ni) ...... 13463–39–3 0.001 0.007 — Nickel, metal and insoluble compounds (as Ni) ...... 7440–02–0 — 1 — Nickel, soluble compounds (as Ni) ...... 7440–02–0 — 1 — Nicotine ...... 54–11–5 — 0 .5 X Nitric acid ...... 7697–37–2 2 5 — Nitric oxide ...... 10102–43–9 25 30 — p-Nitroaniline ...... 100–01–6 1 6 X Nitrobenzene ...... 98–95–3 1 5 X p-Nitrochlorobenzene ...... 100–00–5 — 1 X 4-Nitrodiphenyl; see § 1915.1003 ...... 92–93–3 Nitroethane ...... 79–24–3 100 310 — Nitrogen ...... 7727–37–9 E Nitrogen dioxide ...... 10102–44–0 (C)5 (C)9 — Nitrogen trifluoride ...... 7783–54–2 10 29 — Nitroglycerin ...... 55–63–0 (C)0 .2 (C)2 X Nitromethane ...... 75–52–5 100 250 — 1-Nitropropane ...... 108–03–2 25 90 — 2-Nitropropane ...... 79–46–9 25 90 — N-Nitrosodimethylamine; see § 1915.1016 .. 62–79–9 — Nitrotoluene (all isomers) ...... 5 30 X o-isomer ...... 88–72–2; m-isomer ...... 99–08–1; p-isomer ...... 99–99–0 Nitrotrichloromethane; see Chloropicrin. Nitrous oxide ...... 10024–97–2 E Octachloronaphthalene ...... 2234–13–1 — 0.1 X Octane ...... 111–65–9 400 1900 — Oil mist, mineral ...... 8012–95–1 — 5 — Osmium tetroxide (as Os) ...... 20816–12–0 — 0 .002 — Oxalic acid ...... 144–62–7 — 1 — Oxygen difluoride ...... 7783–41–7 0 .05 0 .1 — Ozone ...... 10028–15–6 0.1 0 .2 — Paraquat, respirable dust ...... 4685–14–7; — 0 .5 X 1910–42–5; 2074–50–2 Parathion ...... 56–38–2 — 0.1 — Particulates not otherwise regulated. Total dust organic and inorganic ... — 15 — PCB; see Chlorodiphenyl (42% and 54% chlorine). Pentaborane ...... 19624–22–7 0.005 0 .01 — Pentachloronaphthalene ...... 1321–64–8 — 0 .5 X Pentachlorophenol ...... 87–86–5 — 0 .5 X Pentaerythritol ...... 115–77–5 Total dust ...... — 15 —

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Respirable fraction ...... — 5 — Pentane ...... 109–66–0 500 1500 — 2-Pentanone (Methyl propyl ketone) ...... 107–87–9 200 700 — Perchloroethylene (Tetrachloroethylene) ..... 127–18–4 100 670 — Perchloromethyl mercaptan ...... 594–42–3 0 .1 0 .8 — Perchloryl fluoride ...... 7616–94–6 3 13.5 — Perlite ...... 93763–70–3 Total dust ...... — 15 — Respirable fraction ...... — 5 — Petroleum distillates (Naphtha)(Rubber Sol- vent) ...... A 3 — Phenol ...... 108–95–2 5 19 X p-Phenylene diamine ...... 106–50–3 — 0.1 X Phenyl ether, vapor ...... 101–84–8 1 7 — Phenyl ether-biphenyl mixture, vapor ...... 1 7 — Phenylethylene; see Styrene. Phenyl glycidyl ether (PGE) ...... 122–60–1 10 60 — Phenylhydrazine ...... 100–63–0 5 22 X Phosdrin (Mevinphos) ...... 7786–34–7 — 0.1 X Phosgene (Carbonyl chloride) ...... 75–44–5 0 .1 0.4 — Phosphine ...... 7803–51–2 0.3 0 .4 — Phosphoric acid ...... 7664–38–2 — 1 — Phosphorus (yellow) ...... 7723–14–0 — 0 .1 — Phosphorus pentachloride ...... 10026–13–8 — 1 — Phosphorus pentasulfide ...... 1314–80–3 — 1 — Phosphorus trichloride ...... 7719–12–2 0.5 3 — Phthalic anhydride ...... 85–44–9 2 12 — Picloram ...... 1918–02–1 Total dust ...... — 15 — Respirable fraction ...... — 5 — Picric acid ...... 88–89–1 — 0 .1 — Piperazine dihydrochloride ...... 142–64–3 — — X Pindone (2-Pivalyl-1,3-indandione) ...... 83–26–1 — 0 .1 — Plaster of Paris ...... 26499–65–0 Total dust ...... — 15 — Respirable fraction ...... — 5 — Platinum (as Pt) ...... 7440–06–4 Metal ...... — — — Soluble salts ...... — 0.002 — Polytetrafluoroethylene decomposition products ...... A 2 Portland cement ...... 65997–15–1 Total dust ...... 15 — 10 Respirable fraction ...... 5 — — Propargyl alcohol ...... 107–19–7 1 — X beta-Propriolactone; see § 1915.1013 ...... 57–57–8 Propionic acid ...... 79–09–4 — — — n-Propyl acetate ...... 109–60–4 200 840 — n-Propyl alcohol ...... 71–23–8 200 500 — n-Propyl nitrate ...... 627–13–4 25 110 — Propylene dichloride ...... 78–87–5 75 350 — Propylene imine ...... 75–55–8 2 5 X Propylene oxide ...... 75–56–9 100 240 — Propyne; see Methyl acetylene. Pyrethrum ...... 8003–34–7 — 5 — Pyridine ...... 110–86–1 5 15 — Quinone ...... 106–51–4 0 .1 0.4 — RDX; see Cyclonite. Rhodium (as Rh), metal fume and insoluble compounds ...... 7440–16–6 — 0 .1 — Rhodium (as Rh), soluble compounds ...... 7440–16–6 — 0.001 — Ronnel ...... 299–84–3 — 10 —

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Rotenone ...... 83–79–4 — 5 — Rouge ...... — Total dust ...... — 15 — Respirable fraction ...... — 5 — Selenium compounds (as Se) ...... 7782–49–2 — 0.2 — Selenium hexafluoride (as Se) ...... 7783–79–1 0.05 0 .4 — Silica, amorphous, precipitated and gel ...... 112926–00–8 (2) (2) (2) Silica, amorphous, diatomaceous earth, containing less than 1% crystalline silica 61790–53–2 (2) (2) (2) Silica, crystalline, respirable dust Cristobalite; see 1915.1053 ...... 14464–46–1 Quartz; see 1915.1053 5 ...... 14808–60–7 Tripoli (as quartz); see 1915.1053 5 1317–95–9 Tridymite; see 1915.1053 ...... 15468–32–3 Silica, fused, respirable dust ...... 60676–86–0 (2) (2) (2) Silicates (less than 1% crystalline silica). Mica (respirable dust) ...... 12001–26–2 (2) (2) (2) Soapstone, total dust ...... — (2) (2) (2) Soapstone, respirable dust ...... — (2) (2) (2) Talc (containing asbestos) ...... — (3) (3) (3) Talc (containing no asbestos), respirable dust ...... 14807–96–6 (2) (2) (2) Tremolite, asbestiform ...... (3) (3) (3) Silicon ...... 7440–21–3 Total dust ...... — 15 — Respirable fraction ...... — 5 — Silicon carbide ...... 409–21–2 Total dust ...... — 15 — Respirable fraction ...... — 5 — Silver, metal and soluble compounds (as Ag) ...... 7440–22–4 — 0 .01 — Soapstone; see Silicates. Sodium fluoroacetate ...... 62–74–8 — 0.05 X Sodium hydroxide ...... 1310–73–2 — 2 — Starch ...... 9005–25–8 Total dust ...... — 15 — Respirable fraction ...... — 5 — Stibine ...... 7803–52–3 0.1 0 .5 — Stoddard solvent ...... 8052–41–3 200 1150 — Strychnine ...... 57–24–9 — 0 .15 — Styrene ...... 100–42–5 100 420 50 Sucrose ...... 57–50–1 Total dust ...... — 15 — Respirable fraction ...... — 5 — Sulfur dioxide ...... 7446–09–5 5 13 — Sulfur hexafluoride ...... 2551–62–4 1000 6000 — Sulfuric acid ...... 7664–93–9 — 1 — Sulfur monochloride ...... 10025–67–9 1 6 — Sulfur pentafluoride ...... 5714–22–7 0.025 0 .25 — Sulfuryl fluoride ...... 2699–79–8 5 20 — Systox, see Demeton. 2,4,5-T (2,4,5-trichlorophenoxyacetic acid) .. 93–76–5 — 10 — Talc; see Silicates—. Tantalum, metal and oxide dust ...... 7440–25–7 — 5 — TEDP (Sulfotep) ...... 3689–24–5 — 0 .2 X Teflon decomposition products ...... A2 Tellurium and compounds (as Te) ...... 13494–80–9 — 0.1 — Tellurium hexafluoride (as Te) ...... 7783–80–4 0 .02 0 .2 — Temephos ...... 3383–96–8 Total dust ...... — 15 — Respirable fraction ...... — 5 — TEPP (Tetraethyl pyrophosphate) ...... 107–49–3 — 0.05 X

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Terphenyls ...... 26140–60–3 (C)1 (C)9 — 1,1,1,2-Tetrachloro-2,2-difluoroethane ...... 76–11–9 500 4170 — 1,1,2,2-Tetrachloro-1,2-difluoroethane ...... 76–12–0 500 4170 — 1,1,2,2-Tetrachloroethane ...... 79–34–5 5 35 X Tetrachloroethylene; see Perchloroethylene. Tetrachloromethane; see Carbon tetrachloride. Tetrachloronaphthalene ...... 1335–88–2 — 2 X Tetraethyl lead (as Pb) ...... 78–00–2 — 0 .1 X Tetrahydrofuran ...... 109–99–9 200 590 — Tetramethyl lead, (as Pb) ...... 75–74–1 — 0.15 X Tetramethyl succinonitrile ...... 3333–52–6 0.5 3 X Tetranitromethane ...... 509–14–8 1 8 — Tetryl (2,4,6-Trinitrophenylmethylnitramine) 479–45–8 — 1.5 X Thallium, soluble compounds (as Tl) ...... 7440–28–0 — 0 .1 X 4,4′-Thiobis (6-tert, Butyl-m-cresol) ...... 96–69–5 Total dust ...... — 15 — Respirable fraction ...... — 5 — Thiram ...... 137–26–8 — 5 — Tin, inorganic compounds (except oxides) (as Sn) ...... 7440–31–5 — 2 — Tin, organic compounds (as Sn) ...... 7440–31–5 — 0 .1 — Tin oxide (as Sn) ...... 21651–19–4 — — — Total dust ...... — 15 — Respirable fraction ...... — 5 — Titanium dioxide ...... 13463–67–7 Total dust ...... — 15 — Toluene ...... 108–88–3 200 750 100 Toluene-2,4-diisocyanate (TDI) ...... 584–84–9 (C)0.02 (C)0.14 — o-Toluidine ...... 95–53–4 5 22 X Toxaphene; see Chlorinated camphene. Tremolite; see Silicates. Tributyl phosphate ...... 126–73–8 — 5 — 1,1,1-Trichloroethane; see Methyl chloroform. 1,1,2-Trichloroethane ...... 79–00–5 10 45 X Trichloroethylene ...... 79–01–6 100 535 — Trichloromethane; see Chloroform. Trichloronaphthalene ...... 1321–65–9 — 5 X 1,2,3-Trichloropropane ...... 96–18–4 50 300 — 1,1,2-Trichloro-1,2,2-trifluoroethane ...... 76–13–1 1000 7600 — Triethylamine ...... 121–44–8 25 100 — Trifluorobromomethane ...... 75–63–8 1000 6100 — Trimethyl benzene ...... 25551–13–7 25 120 — 2,4,6-Trinitrophenyl; see Picric acid. 2,4,6-Trinitrophenylmethylnitramine; see Tetryl. 2,4,6-Trinitrotoluene (TNT) ...... 118–96–7 — 1 .5 X Triorthocresyl phosphate ...... 78–30–8 — 0 .1 — Triphenyl phosphate ...... 115–86–6 — 3 — Tungsten (as W) ...... 7440–33–7 Insoluble compounds ...... — 5 — Soluble compounds ...... — 1 — Turpentine ...... 8006–64–2 100 560 — Uranium (as U) ...... 7440–61–1 Soluble compounds ...... — 0 .2 — Insoluble compounds ...... — 0.2 — Vanadium ...... 1314–62–1 Respirable dust (as V2 O5) ...... — (C)0.5 — Fume (as V2 O5) ...... — (C)0.1 — Vegetable oil mist. Total dust ...... — 15 —

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TABLE Z—SHIPYARDS—Continued

d a* 3b* Skin Designa- Substance CAS No. ppm mg/m tion

Respirable fraction ...... — 5 — Vinyl benzene; see Styrene. Vinyl chloride; see § 1915.1017 ...... 75–01–4 Vinyl cyanide; see Acrylonitrile. Vinyl toluene ...... 25013–15–4 100 480 — Warfarin ...... 81–81–2 — 0 .1 — Xylenes (o-, m-, p-isomers) ...... 1330–20–7 100 435 — Xylidine ...... 1300–73–8 5 25 X Yttrium ...... 7440–65–5 — 1 — Zinc chloride fume ...... 7646–85–7 — 1 — Zinc oxide fume ...... 1314–13–2 — 5 — Zinc oxide ...... 1314–13–2 Total dust ...... — 15 — Respirable fraction ...... — 5 — Zinc stearate ...... 557–05–1 Total dust ...... — 15 — Respirable fraction ...... — 5 — Zirconium compounds (as Zr) ...... 7440–67–7 — 5

MINERAL DUSTS

Substance mppcf (j)

SILICA: Crystalline ...... 250 (k)

(p) Quartz. Threshold Limit calculated from the formula ...... % SiO2 + 5 Cristobalite. Amorphous, including natural diatomaceous earth ...... 20 SILICATES (less than 1% crystalline silica) Mica ...... 20 Portland cement ...... 50 Soapstone ...... 20 Talc (non-asbestiform) ...... 20 Talc (fibrous), use asbestos limit ...... -- Graphite (natural) ...... 15

Inert or Nuisance Particulates: (m) 50 (or 15 mg/m3 whichever is the smaller) of total dust <1% SiO2

Conversion factors. mppcf × 35.3 = million particles per cubic meter = particles per c.c.

Footnotes to Table Z—Shipyards: 1 [Reserved] 2 See Mineral Dusts Table. 3 Use Asbestos Limit § 1915.1001. 4 See 1915.1001. 5 See Mineral Dusts table for the exposure limit for any operations or sectors where the exposure limit in § 1915.1053 is stayed or is otherwise not in effect. * The PELs are 8-hour TWAs unless otherwise noted; a (C) designation denotes a ceiling limit. They are to be determined from breathing-zone air samples. a Parts of vapor or gas per million parts of contaminated air by volume at 25 °C and 760 torr. b Milligrams of substance per cubic meter of air. When entry is in this column only, the value is exact; when listed with a ppm entry, it is approximate. c [Reserved]

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d The CAS number is for information only. Enforcement is based on the substance name. For an entry covering more than one metal compound, measured as the metal, the CAS number for the metal is given—not CAS numbers for the individual compounds. e–f [Reserved] g For sectors excluded from § 1915.1028 the limit is 10 ppm TWA. h Where OSHA has published a proposal for a substance but has not issued a final rule, the proposal is referenced and the existing limit is published. i [Reserved] j Millions of particles per cubic foot of air, based on impinger samples counted by light-field techniques. k The percentage of crystalline silica in the formula is the amount determined from airborne samples, except in those instances in which other methods have been shown to be applicable. m Covers all organic and inorganic particulates not otherwise regulated. Same as Particulates Not Otherwise Regulated. n If the exposure limit in § 1915.1026 is stayed or is otherwise not in effect, the exposure limit is a ceiling of 0.1 mg/m3. o If the exposure limit in § 1915.1026 is stayed or is otherwise not in effect, the exposure limit is 0.1 mg/m3 (as CrO3) as an 8-hour TWA. p This standard applies to any operations or sectors for which the respirable crystalline silica standard, 1915.1053, is stayed or otherwise is not in effect. q This standard applies to any operations or sectors for which the beryllium standard, 1915.1024, is stayed or otherwise is not in effect. The 1970 TLV uses letter designations instead of a numerical value as follows: A 1 [Reserved] A 2 Polytetrafluoroethylene decomposition products. Because these products decompose in part by hydrol- ysis in alkaline solution, they can be quantitatively determined in air as fluoride to provide an index of exposure. No TLV is recommended pending determination of the toxicity of the products, but air concentrations should be minimal. A 3 Gasoline and/or Petroleum Distillates. The composition of these materials varies greatly and thus a single TLV for all types of these materials is no longer applicable. The content of benzene, other aromatics and additives should be determined to arrive at the appropriate TLV. E Simple asphyxiants. The limiting factor is the available oxygen which shall be at least 18% and be within the requirement addressing explosion in subpart B of part 1915.

[58 FR 35514, July 1, 1993, as amended at 61 FR 56856, Nov. 4, 1996; 62 FR 1619, Jan. 10, 1997; 67 FR 44545, July 3, 2002; 71 FR 10377, Feb. 28, 2006; 71 FR 36009, June 23, 2006; 76 FR 80740, Dec. 27, 2011; 81 FR 16874, Mar. 2 2016; 81 FR 31167, May 19, 2016; 81 FR 60273, Sept. 2, 2016; 82 FR 2744, Jan. 9, 2017]

§ 1915.1001 Asbestos. (7) Coverage under this standard shall be based on the nature of the (a) This section Scope and application. work operation involving asbestos ex- regulates asbestos exposure in all ship- posure. yard employment work as defined in 29 (8) This section does not apply to as- CFR part 1915, including but not lim- bestos-containing asphalt roof ce- ited to the following: ments, coatings and mastics. (1) Demolition or salvage of struc- (b) Definitions. Aggressive method tures, vessels, and vessel sections means removal or disturbance of build- where asbestos is present; ing/vessel materials by sanding, abrad- (2) Removal or encapsulation of ma- ing, grinding, or other method that terials containing asbestos; breaks, crumbles, or otherwise disinte- (3) Construction, alteration, repair, grates intact ACM. maintenance, or renovation of vessels, Amended water means water to which vessel sections, structures, substrates, surfactant (wetting agent) has been or portions thereof, that contain asbes- added to increase the ability of the liq- tos; uid to penetrate ACM. Asbestos includes chrysotile, amosite, (4) Installation of products con- crocidolite, tremolite asbestos, taining asbestos; anthophyllite asbestos, actinolite as- (5) Asbestos spill/emergency cleanup; bestos, and any of these minerals that and has been chemically treated and/or al- (6) Transportation, disposal, storage, tered. For purposes of this standard, containment of and housekeeping ac- asbestos includes PACM, as defined tivities involving asbestos or products below. containing asbestos, on the site or lo- Asbestos-containing material, (ACM) cation at which construction activities means any material containing more are performed. than one percent asbestos.

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Assistant Secretary means the Assist- airborne asbestos in a work area from ant Secretary of Labor for Occupa- migrating to an adjacent area. tional Safety and Health, U.S. Depart- Decontamination area means an en- ment of Labor, or designee. closed area adjacent and connected to Authorized person means any person the regulated area and consisting of an authorized by the employer and re- equipment room, shower area, and quired by work duties to be present in clean room, which is used for the de- regulated areas. contamination of workers, materials, Building/facility/vessel owner is the and equipment that are contaminated legal entity, including a lessee, which with asbestos. exercises control over management and Demolition means the wrecking or record keeping functions relating to a taking out of any load-supporting building, facility, and/or vessel in structural member and any related which activities covered by this stand- razing, removing, or stripping of asbes- ard take place. tos products. Certified Industrial Hygienist (CIH) Director means the Director, National means one certified in the practice of Institute for Occupational Safety and industrial hygiene by the American Health, U.S. Department of Health and Board of Industrial Hygiene. Human Services, or designee. Class I asbestos work means activities Disturbance means activities that dis- involving the removal of thermal sys- rupt the matrix of ACM or PACM, tem insulation or surfacing ACM/ crumble or pulverize ACM or PACM, or PACM. generate visible debris from ACM or Class II asbestos work means activities PACM. Disturbance includes cutting involving the removal of ACM which is away small amounts of ACM and neither TSI or surfacing ACM. This in- PACM, no greater than the amount cludes, but is not limited to, the re- which can be contained in one standard moval of asbestos-containing wall- sized glove bag or waste bag, in order board, floor tile and sheeting, roofing to access a building or vessel compo- and siding shingles, and construction nent. In no event shall the amount of mastics. ACM or PACM so disturbed exceed that Class III asbestos work means repair which can be contained in one glove and maintenance operations, where bag or waste bag which shall not ex- ‘‘ACM’’, including TSI and surfacing ceed 60 inches in length and width. ACM and PACM, is likely to be dis- Employee exposure means that expo- turbed. sure to airborne asbestos that would Class IV asbestos work means mainte- occur if the employee were not using nance and custodial activities during respiratory protective equipment. which employees contact but do not Equipment room (change room) means disturb ACM or PACM and activities to a contaminated room located within clean up dust, waste and debris result- the decontamination area that is sup- ing from Class I, II, and III activities. plied with impermeable bags or con- Clean room means an uncontaminated tainers for the disposal of contami- room having facilities for the storage nated protective clothing and equip- of employees’ street clothing and ment. uncontaminated materials and equip- Fiber means a particulate form of as- ment. bestos, 5 micrometers or longer, with a Closely resemble means that the major length-to-diameter ratio of at least 3 to workplace conditions which have con- 1. tributed to the levels of historic asbes- Glovebag means not more than a 60 × tos exposure, are no more protective 60 inch impervious plastic bag-like en- than conditions of the current work- closure affixed around an asbestos-con- place. taining material, with glove-like ap- Competent person see qualified person. pendages through which material and Critical barrier means one or more tools may be handled. layers of plastic sealed over all open- High-efficiency particulate air (HEPA) ings into a work area or any other filter means a filter capable of trapping physical barrier sufficient to prevent and retaining at least 99.97 percent of

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all mono-dispersed particles of 0.3 mi- Class I and Class II work who is spe- crometers in diameter. cially trained in a training course Homogeneous area means an area of which meets the criteria of EPA’s surfacing material or thermal system Model Accreditation Plan (40 CFR part insulation that is uniform in color and 763) for supervisor, or its equivalent, texture. and for Class III and Class IV work, Industrial hygienist means a profes- who is trained in a manner consistent sional qualified by education, training, with EPA requirements for training of and experience to anticipate, recog- local education agency maintenance nize, evaluate and develop controls for and custodial staff as set forth at 40 occupational health hazards. CFR 763.92(a)(2). Intact means that the ACM has not Regulated area means an area estab- crumbled, been pulverized, or otherwise lished by the employer to demarcate deteriorated so that the asbestos is no areas where Class I, II, and III asbestos longer likely to be bound with its ma- work is conducted, and any adjoining trix. area where debris and waste from such Modification for purposes of paragraph (g)(6)(ii) of this section means a asbestos work accumulate; and a work changed or altered procedure, material area within which airborne concentra- or component of a control system, tions of asbestos, exceed or can reason- which replaces a procedure, material or ably be expected to exceed the permis- component of a required system. Omit- sible exposure limit. Requirements for ting a procedure or component, or re- regulated areas are set out in para- ducing or diminishing the stringency graph (e) of this section. or strength of a material or component Removal means all operations where of the control system is not a ‘‘modi- ACM and/or PACM is taken out or fication’’ for purposes of paragraph stripped from structures or substrates, (g)(6) of this section. and includes demolition operations. Negative Initial Exposure Assessment Renovation means the modifying of means a demonstration by the em- any existing vessel, vessel section, ployer, which complies with the cri- structure, or portion thereof. teria in paragraph (f)(2)(iii) of this sec- Repair means overhauling, rebuild- tion, that employee exposure during an ing, reconstructing, or reconditioning operation is expected to be consist- of vessels, vessel sections, structures or ently below the PELs. substrates, including encapsulation or PACM means presumed asbestos con- other repair of ACM or PACM attached taining material. to structures or substrates. Presumed asbestos containing material Surfacing material means material means thermal system insulation and that is sprayed, troweled-on or other- surfacing material found in buildings, wise applied to surfaces (such as acous- vessels, and vessel sections constructed tical plaster on ceilings and fire- no later than 1980. The designation of a proofing materials on structural mem- material as ‘‘PACM’’ may be rebutted bers, or other materials on surfaces for pursuant to paragraph (k)(5) of this acoustical, fireproofing, and other pur- section. poses). Project Designer means a person who Surfacing ACM means surfacing mate- has successfully completed the train- rial which contains more than 1% as- ing requirements for an abatement project designer established by 40 bestos. U.S.C. § 763.90(g). Thermal system insulation (TSI) means Qualified person means, in addition to ACM applied to pipes, fittings, boilers, the definition in 29 CFR 1926.32(f), one breeching, tanks, ducts or other struc- who is capable of identifying existing tural components to prevent heat loss asbestos hazards in the workplace and or gain. selecting the appropriate control strat- Thermal system insulation ACM is egy for asbestos exposure, who has the thermal system insulation which con- authority to take prompt corrective tains more than 1% asbestos. measures to eliminate them, as speci- (c) Permissible exposure limits (PELS)— fied in 29 CFR 1926.32(f); in addition, for (1) Time-weighted average limit (TWA).

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The employer shall ensure that no em- sure that asbestos fibers do not mi- ployee is exposed to an airborne con- grate to such adjacent areas. centration of asbestos in excess of 0.1 (5) All general contractors on a ship- fiber per cubic centimeter of air as an yard project which includes work cov- eight (8) hour time-weighted average ered by this standard shall be deemed (TWA), as determined by the method to exercise general supervisory author- prescribed in appendix A to this sec- ity over the work covered by this tion, or by an equivalent method. standard, even though the general con- (2) Excursion limit. The employer shall tractor is not qualified to serve as the ensure that no employee is exposed to asbestos ‘‘qualified person’’ as defined an airborne concentration of asbestos by paragraph (b) of this section. As su- in excess of 1.0 fiber per cubic centi- pervisor of the entire project, the gen- meter of air (1 f/cc) as averaged over a eral contractor shall ascertain whether sampling period of thirty (30) minutes, the asbestos contractor is in compli- as determined by the method pre- ance with this standard, and shall re- scribed in appendix A to this section, quire such contractor to come into or by an equivalent method. compliance with this standard when (d) Multi-employer worksites. (1) On necessary. multi-employer worksites, an employer (e) Regulated areas. (1) All Class I, II performing work requiring the estab- and III asbestos work shall be con- lishment of a regulated area shall in- ducted within regulated areas. All form other employers on the site of the other operations covered by this stand- nature of the employer’s work with as- ard shall be conducted within a regu- bestos and/or PACM, of the existence of lated area where airborne concentra- and requirements pertaining to regu- tions of asbestos exceed, or there is a lated areas, and the measures taken to reasonable possibility they may exceed ensure that employees of such other a PEL. Regulated areas shall comply employers are not exposed to asbestos. with the requirements of paragraphs (2) Asbestos hazards at a multi-em- (e) (2), (3), (4) and (5) of this section. ployer worksite shall be abated by the (2) Demarcation. The regulated area contractor who created or controls the shall be demarcated in any manner source of asbestos contamination. For that minimizes the number of persons example, if there is a significant within the area and protects persons breach of an enclosure containing Class outside the area from exposure to air- I work, the employer responsible for borne asbestos. Where critical barriers erecting the enclosure shall repair the or negative pressure enclosures are breach immediately. used, they may demarcate the regu- (3) In addition, all employers of em- lated area. Signs shall be provided and ployees exposed to asbestos hazards displayed pursuant to the requirements shall comply with applicable protective of paragraph (k)(7) of this section. provisions to protect their employees. (3) Access. Access to regulated areas For example, if employees working im- shall be limited to authorized persons mediately adjacent to a Class I asbes- and to persons authorized by the Act or tos job are exposed to asbestos due to regulations issued pursuant thereto. the inadequate containment of such (4) Respirators. All persons entering a job, their employer shall either remove regulated area where employees are re- the employees from the area until the quired pursuant to paragraph (h)(1) of enclosure breach is repaired; or per- this section to wear respirators shall form an initial exposure assessment be supplied with a respirator selected pursuant to paragraph (f) of this sec- in accordance with paragraph (h)(2) of tion. this section. (4) All employers of employees work- (5) Prohibited activities. The employer ing adjacent to regulated areas estab- shall ensure that employees do not eat, lished by another employer on a multi- drink, smoke, chew tobacco or gum, or employer worksite shall take steps on apply cosmetics in the regulated area. a daily basis to ascertain the integrity (6) Qualified persons. The employer of the enclosure and/or the effective- shall ensure that all asbestos work per- ness of the control method relied on by formed within regulated areas is super- the primary asbestos contractor to as- vised by a qualified person, as defined

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in paragraph (b) of this section. The any previous monitoring conducted in duties of the qualified person are set the workplace, or of the operations of out in paragraph (o) of this section. the employer which indicate the levels (f) Exposure assessments and moni- of airborne asbestos likely to be en- toring—(1) General monitoring criteria. (i) countered on the job. For Class I asbes- Each employer who has a workplace or tos work, until the employer conducts work operation where exposure moni- exposure monitoring and documents toring is required under this section that employees on that job will not be shall perform monitoring to determine exposed in excess of the PELs, or oth- accurately the airborne concentrations erwise makes a negative exposure as- of asbestos to which employees may be sessment pursuant to paragraph exposed. (f)(2)(iii) of this section, the employer (ii) Determinations of employee ex- shall presume that employees are exposure shall be made from breathing posed in excess of the TWA and excur- zone air samples that are representa- sion limit. tive of the 8-hour TWA and 30-minute (iii) Negative initial exposure assess- short-term exposures of each employee. ment. For any one specific asbestos job (iii) Representative 8-hour TWA em- which will be performed by employees ployee exposure shall be determined on who have been trained in compliance the basis of one or more samples rep- with the standard, the employer may resenting full-shift exposure for em- demonstrate that employee exposures ployees in each work area. Representa- will be below the PELs by data which tive 30-minute short-term employee ex- conform to the following criteria: posures shall be determined on the (A) Objective data demonstrating basis of one or more samples rep- that the product or material con- resenting 30 minute exposures associ- taining asbestos minerals or the activated with operations that are most ity involving such product or material likely to produce exposures above the cannot release airborne fibers in con- excursion limit for employees in each centrations exceeding the TWA and ex- work area. cursion limit under those work condi- (2) Initial exposure assessment. (i) Each tions having the greatest potential for employer who has a workplace or work releasing asbestos; or operation covered by this standard (B) Where the employer has mon- shall ensure that a ‘‘qualified person’’ itored prior asbestos jobs for the PEL conducts an exposure assessment im- and the excursion limit within 12 mediately before or at the initiation of months of the current or projected job, the operation to ascertain expected ex- the monitoring and analysis were per- posures during that operation or work- formed in compliance with the asbestos place. The assessment must be com- standard in effect; and the data were pleted in time to comply with require- obtained during work operations con- ments which are triggered by exposure ducted under workplace conditions data or the lack of a ‘‘negative expo- ‘‘closely resembling’’ the processes, sure assessment,’’ and to provide infor- type of material, control methods, mation necessary to assure that all work practices, and environmental control systems planned are appro- conditions used and prevailing in the priate for that operation and will work employer’s current operations, the op- properly. erations were conducted by employees (ii) Basis of initial exposure assessment. whose training and experience are no Unless a negative exposure assessment more extensive than that of employees has been made pursuant to paragraph performing the current job, and these (f)(2)(iii) of this section, the initial ex- data show that under the conditions posure assessment shall, if feasible, be prevailing and which will prevail in the based on monitoring conducted pursu- current workplace there is a high de- ant to paragraph (f)(1)(iii) of this sec- gree of certainty that employee expo- tion. The assessment shall take into sures will not exceed the TWA and ex- consideration both the monitoring re- cursion limit; or sults and all observations, information (C) The results of initial exposure or calculations which indicate em- monitoring of the current job made ployee exposure to asbestos, including from breathing zone air samples that

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are representative of the 8-hour TWA when the employer has any reason to and 30-minute short-term exposures of suspect that a change may result in each employee covering operations new or additional exposures above the which are most likely during the per- permissible exposure limit and/or ex- formance of the entire asbestos job to cursion limit. Such additional moni- result in exposures over the PELs. toring is required regardless of whether (3) Periodic monitoring—(i) Class I and a ‘‘negative exposure assessment’’ was II operations. The employer shall con- previously produced for a specific job. duct daily monitoring that is rep- (5) Employee notification of monitoring resentative of the exposure of each em- results. The employer must, as soon as ployee who is assigned to work within possible but no later than 5 days after a regulated area who is performing the receipt of the results of any moni- Class I or II work, unless the employer toring performed under this section, pursuant to paragraph (f)(2)(iii) of this notify each affected employee of these section, has made a negative exposure results either individually in writing or assessment for the entire operation. by posting the results in an appro- (ii) All operations under the standard priate location that is accessible to other than Class I and II operations. The employees. employer shall conduct periodic moni- (6) Observation of monitoring. (i) The toring of all work where exposures are employer shall provide affected em- expected to exceed a PEL, at intervals ployees and their designated represent- sufficient to document the validity of atives an opportunity to observe any the exposure prediction. monitoring of employee exposure to as- (iii) Exception. When all employees bestos conducted in accordance with required to be monitored daily are this section. equipped with supplied-air respirators (ii) When observation of the moni- operated in the pressure demand mode, toring of employee exposure to asbes- or other positive pressure mode res- tos requires entry into an area where pirator, the employer may dispense the use of protective clothing or equip- with the daily monitoring required by this paragraph. However, employees ment is required, the observer shall be performing Class I work using a con- provided with and be required to use trol method which is not listed in para- such clothing and equipment and shall graph (g)(4) (i), (ii), or (iii) of this sec- comply with all other applicable safety tion or using a modification of a listed and health procedures. control method, shall continue to be (g) Methods of compliance—(1) Engi- monitored daily even if they are neering controls and work practices for all equipped with supplied-air respirators. operations covered by this section. The (4) Termination of monitoring. (i) If the employer shall use the following engi- periodic monitoring required by para- neering controls and work practices in graph (f)(3) of this section reveals that all operations covered by this section, employee exposures, as indicated by regardless of the levels of exposure: statistically reliable measurements, (i) Vacuum cleaners equipped with are below the permissible exposure HEPA filters to collect all debris and limit and excursion limit the employer dust containing ACM and PACM, ex- may discontinue monitoring for those cept as provided in paragraph (g)(8)(ii) employees whose exposures are rep- of this section in the case of roofing resented by such monitoring. material; (ii) Additional monitoring. Notwith- (ii) Wet methods, or wetting agents, standing the provisions of paragraph (f) to control employee exposures during (2) and (3), and (f)(4) of this section, the asbestos handling, mixing, removal, employer shall institute the exposure cutting, application, and cleanup, ex- monitoring required under paragraph cept where employers demonstrate (f)(3) of this section whenever there has that the use of wet methods is infeasi- been a change in process, control ble due to for example, the creation of equipment, personnel or work practices electrical hazards, equipment malfunc- that may result in new or additional tion, and, in roofing, except as provided exposures above the permissible expo- in paragraph (g)(8)(ii) of this section; sure limit and/or excursion limit or and

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(iii) Prompt clean-up and disposal of (iii) Dry sweeping, shoveling or other wastes and debris contaminated with dry clean-up of dust and debris con- asbestos in leak-tight containers ex- taining ACM and PACM. cept in roofing operations, where the (iv) Employee rotation as a means of procedures specified in paragraph reducing employee exposure to asbes- (g)(8)(ii) of this section apply. tos. (2) In addition to the requirements of (4) Class I requirements. In addition to paragraph (g)(1) of this section above, the provisions of paragraphs (g) (1) and the employer shall use the following (2) of this section, the following engi- control methods to achieve compliance neering controls and work practices with the TWA permissible exposure and procedures shall be used. limit and excursion limit prescribed by (i) All Class I work, including the installation and operation of the control paragraph (c) of this section; system shall be supervised by a quali- (i) Local exhaust ventilation fied person as defined in paragraph (b) equipped with HEPA filter dust collec- of this section; tion systems; (ii) For all Class I jobs involving the (ii) Enclosure or isolation of proc- removal of more than 25 linear or 10 esses producing asbestos dust; square feet of TSI or surfacing ACM or (iii) Ventilation of the regulated area PACM; for all other Class I jobs, where to move contaminated air away from the employer cannot produce a nega- the breathing zone of employees and tive exposure assessment pursuant to toward a filtration or collection device paragraph (f)(2)(iii) of this section, or equipped with a HEPA filter; where employees are working in areas (iv) Use of other work practices and adjacent to the regulated area, while engineering controls that the Assistant the Class I work is being performed, Secretary can show to be feasible. the employer shall use one of the fol- (v) Wherever the feasible engineering lowing methods to ensure that airborne and work practice controls described asbestos does not migrate from the reg- above are not sufficient to reduce em- ulated area: ployee exposure to or below the permis- (A) Critical barriers shall be placed sible exposure limit and/or excursion over all the openings to the regulated limit prescribed in paragraph (c) of this area, except where activities are per- section, the employer shall use them to formed outdoors; or reduce employee exposure to the lowest (B) The employer shall use another levels attainable by these controls and barrier or isolation method which pre- shall supplement them by the use of vents the migration of airborne asbes- respiratory protection that complies tos from the regulated area, as verified with the requirements of paragraph (h) by perimeter area surveillance during of this section. each work shift at each boundary of the regulated area, showing no visible (3) Prohibitions. The following work asbestos dust; and perimeter area mon- practices and engineering controls itoring showing that clearance levels shall not be used for work related to contained in 40 CFR part 763, subpart E asbestos or for work which disturbs of the EPA Asbestos in Schools Rule ACM or PACM, regardless of measured are met, or that perimeter area levels, levels of asbestos exposure or the re- measured by Phase Contrast Micros- sults of initial exposure assessments: copy (PCM) are no more than back- (i) High-speed abrasive disc saws that ground levels representing the same are not equipped with point of cut ven- area before the asbestos work began. tilator or enclosures with HEPA fil- The results of such monitoring shall be tered exhaust air. made known to the employer no later (ii) Compressed air used to remove than 24 hours from the end of the work asbestos, or materials containing as- shift represented by such monitoring. bestos, unless the compressed air is Exception: For work completed out- used in conjunction with an enclosed doors where employees are not working ventilation system designed to capture in areas adjacent to the regulated the dust cloud created by the com- areas, this paragraph (g)(4)(ii) is satis- pressed air. fied when the specific control methods

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in paragraph (g)(5) of this section are (2) Electrical circuits in the enclo- used. sure shall be deactivated, unless (iii) For all Class I jobs, HVAC sys- equipped with ground-fault circuit in- tems shall be isolated in the regulated terrupters. area by sealing with a double layer of (ii) Glove bag systems may be used to 6 mil plastic or the equivalent; remove PACM and/or ACM from (iv) For all Class I jobs, impermeable straight runs of piping and elbows and dropcloths shall be placed on surfaces other connections with the following beneath all removal activity; specifications and work practices: (v) For all Class I jobs, all objects (A) Specifications—(1) Glovebags shall within the regulated area shall be cov- be made of 6 mil thick plastic and shall ered with impermeable dropcloths or be seamless at the bottom. plastic sheeting which is secured by (2) Glovebags used on elbows and duct tape or an equivalent. other connections must be designed for (vi) For all Class I jobs where the em- that purpose and used without modi- ployer cannot produce a negative expo- fications. sure assessment or where exposure (B) Work practices—(1) Each glovebag monitoring shows the PELs are exceed- shall be installed so that it completely ed, the employer shall ventilate the covers the circumference of pipes or regulated area to move contaminated other structures where the work is to air away from the breathing zone of be done. employees toward a HEPA filtration or (2) Glovebags shall be smoke-tested collection device. for leaks and any leaks sealed prior to (5) Specific control systems for Class I use. work. In addition, Class I asbestos work (3) Glovebags may be used only once shall be performed using one or more of and may not be moved. the following control methods pursu- (4) Glovebags shall not be used on ant to the limitations stated below: surfaces whose temperature exceeds 150 (i) Negative pressure enclosure (NPE) °F. systems. NPE systems may be used (5) Prior to disposal, glovebags shall where the configuration of the work be collapsed by removing air within area does not make the erection of the them using a HEPA vacuum. enclosure infeasible, with the following (6) Before beginning the operation, specifications and work practices. loose and friable material adjacent to (A) Specifications—(1) The negative the glovebag/box operation shall be pressure enclosure (NPE) may be of wrapped and sealed in two layers of six any configuration, mil plastic or otherwise rendered in- (2) At least 4 air changes per hour tact. shall be maintained in the NPE, (7) Where a system uses an attached (3) A minimum of ¥0.02 column waste bag, such bag shall be connected inches of water pressure differential, to a collection bag using hose or other relative to outside pressure, shall be material which shall withstand the maintained within the NPE as evi- pressure of ACM waste and water with- denced by manometric measurements, out losing its integrity. (4) The NPE shall be kept under neg- (8) A sliding valve or other device ative pressure throughout the period of shall separate the waste bag from the its use, and hose to ensure no exposure when the (5) Air movement shall be directed waste bag is disconnected. away from employees performing as- (9) At least two persons shall perform bestos work within the enclosure, and Class I glovebag removal operations. toward a HEPA filtration or a collec- (iii) Negative pressure glove bag sys- tion device. tems. Negative pressure glove bag sys- (B) Work practices—(1) Before begin- tems may be used to remove ACM or ning work within the enclosure and at PACM from piping. the beginning of each shift, the NPE (A) Specifications: In addition to the shall be inspected for breaches and specifications for glove bag systems smoke-tested for leaks, and any leaks above, negative pressure glove bag sys- sealed. tems shall attach the HEPA vacuum

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system or other device to the bag to used for removal of ACM and PACM prevent collapse during removal. from cold line piping if, employees car- (B) Work practices—(1) The employer rying out such process have completed shall comply with the work practices a 40-hour separate training course in for glove bag systems in paragraph its use, in addition to training required (g)(5)(ii)(B)(4) of this section, for employees performing Class I work. (2) The HEPA vacuum cleaner or The system shall meet the following other device used to prevent collapse of specifications and shall be performed bag during removal shall run contin- by employees using the following work ually during the operation until it is practices. completed at which time the bag shall (A) Specifications—(1) Piping from be collapsed prior to removal of the which insulation will be removed shall bag from the pipe. be surrounded on 3 sides by rigid fram- (3) Where a separate waste bag is ing, used along with a collection bag and (2) A 360 degree water spray, deliv- discarded after one use, the collection ered through nozzles supplied by a high bag may be reused if rinsed clean with pressure separate water line, shall be amended water before reuse. formed around the piping. (iv) Negative pressure glove box sys- (3) The spray shall collide to form a tems. Negative pressure glove boxes fine aerosol which provides a liquid may be used to remove ACM or PACM barrier between workers and the ACM from pipe runs with the following spec- and PACM. ifications and work practices. (B) Work practices—(1) The system (A) Specifications—(1) Glove boxes shall be run for at least 10 minutes be- shall be constructed with rigid sides fore removal begins. and made from metal or other material (2) All removal shall take place with- which can withstand the weight of the in the barrier. ACM and PACM and water used during (3) The system shall be operated by removal: at least three persons, one of whom (2) A negative pressure generator shall not perform removal but shall shall be used to create negative pres- check equipment, and ensure proper sure in the system: operation of the system. (3) An air filtration unit shall be at- (4) After removal, the ACM and tached to the box: PACM shall be bagged while still inside (4) The box shall be fitted with gloved the water barrier. apertures: (5) An aperture at the base of the box (vi) A small walk-in enclosure which shall serve as a bagging outlet for accommodates no more than two per- waste ACM and water: sons (mini-enclosure) may be used if (6) A back-up generator shall be the disturbance or removal can be com- present on site: pletely contained by the enclosure, (7) Waste bags shall consist of 6 mil with the following specifications and thick plastic double-bagged before they work practices. are filled or plastic thicker than 6 mil. (A) Specifications—(1) The fabricated (B) Work practices—(1) At least two or job-made enclosure shall be con- persons shall perform the removal: structed of 6 mil plastic or equivalent: (2) The box shall be smoke-tested for (2) The enclosure shall be placed leaks and any leaks sealed prior to under negative pressure by means of a each use. HEPA filtered vacuum or similar ven- (3) Loose or damaged ACM adjacent tilation unit: to the box shall be wrapped and sealed (B) Work practices—(1) Before use, the in two layers of 6 mil plastic prior to mini-enclosure shall be inspected for the job, or otherwise made intact prior leaks and smoketested to detect to the job. breaches, and any breaches sealed. (4) A HEPA filtration system shall be (2) Before reuse, the interior shall be used to maintain pressure barrier in completely washed with amended box. water and HEPA-vacuumed. (v) Water spray process system. A (3) During use, air movement shall be water spray process system may be directed away from the employee’s

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breathing zone within the mini-enclo- (ii) For all indoor Class II jobs, where sure. the employer has not produced a nega- (6) Alternative control methods for Class tive exposure assessment pursuant to I work. Class I work may be performed paragraph (f)(2)(iii) of this section, or using a control method which is not where during the job, changed condi- referenced in paragraph (g)(5) of this tions indicate there may be exposure section, or which modifies a control above the PEL or where the employer method referenced in paragraph (g)(5) does not remove the ACM in a substan- of this section, if the following provi- tially intact state, the employer shall sions are complied with: use one of the following methods to en- (i) The control method shall enclose, sure that airborne asbestos does not contain or isolate the processes or migrate from the regulated area; source of airborne asbestos dust, or (A) Critical barriers shall be placed otherwise capture or redirect such dust over all openings to the regulated area; before it enters the breathing zone of or, employees. (B) The employer shall use another (ii) A certified industrial hygienist or barrier or isolation method which pre- licensed professional engineer who is vents the migration of airborne asbes- also qualified as a project designer as tos from the regulated area, as verified defined in paragraph (b) of this section, by perimeter area monitoring or clear- shall evaluate the work area, the pro- ance monitoring which meets the cri- jected work practices and the engineer- teria set out in paragraph (g)(4)(ii)(B) ing controls and shall certify in writ- of this section. ing that: the planned control method is (C) Impermeable dropcloths shall be adequate to reduce direct and indirect placed on surfaces beneath all removal employee exposure to below the PELs activity; under worst-case conditions of use, and (iii) [Reserved] that the planned control method will (iv) All Class II asbestos work shall prevent asbestos contamination out- be performed using the work practices side the regulated area, as measured by and requirements set out above in clearance sampling which meets the re- paragraph (g)(1)(i) through (g)(1)(iii) of quirements of EPA’s Asbestos in this section. Schools Rule issued under AHERA, or (8) Additional controls for Class II perimeter monitoring which meets the work. Class II asbestos work shall also criteria in paragraph (g)(4)(ii)(B) of be performed by complying with the this section. work practices and controls designated (A) Where the TSI or surfacing mate- for each type of asbestos work to be rial to be removed is 25 linear or 10 performed, set out in this paragraph. square feet or less , the evaluation re- Where more than one control method quired in paragraph (g)(6) of this sec- may be used for a type of asbestos tion may be performed by a ‘‘qualified work, the employer may choose one or person’’, and may omit consideration a combination of designated control of perimeter or clearance monitoring methods. Class II work also may be otherwise required. performed using a method allowed for (B) The evaluation of employee expo- Class I work, except that glove bags sure required in paragraph (g)(6) of this and glove boxes are allowed if they section, shall include and be based on fully enclose the Class II material to be sampling and analytical data rep- removed. resenting employee exposure during (i) For removing vinyl and asphalt the use of such method under worst- flooring/deck materials which contain case conditions and by employees ACM or for which in buildings con- whose training and experience are structed not later than 1980, the em- equivalent to employees who are to ployer has not verified the absence of perform the current job. ACM pursuant to paragraph (g)(8)(i)(I): (7) Work practices and engineering con- the employer shall ensure that employ- trols for Class II work. (i) All Class II ees comply with the following work work shall be supervised by a qualified practices and that employees are person as defined in paragraph (b) of trained in these practices pursuant to this section. paragraph (k)(9) of this section:

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(A) Flooring/deck materials or its the cut line. When removing built-up backing shall not be sanded. roofs with asbestos-containing roofing (B) Vacuums equipped with HEPA fil- felts and a smooth surface using a ter, disposable dust bag, and metal power roof cutter, the dust resulting floor tool (no brush) shall be used to from the cutting operation shall be col- clean floors. lected either by a HEPA dust collector (C) Resilient sheeting shall be re- or HEPA vacuuming along the cut line, moved by cutting with wetting of the or by gently sweeping and then care- snip point and wetting during fully and completely wiping up the delamination. Rip-up of resilient sheet still-wet dust and debris left along the floor material is prohibited. cut line. The dust and debris shall be (D) All scraping of residual adhesive immediately bagged or placed in cov- and/or backing shall be performed ered containers. using wet methods. (E) Asbestos-containing material (E) Dry sweeping is prohibited. that has been removed from a roof (F) Mechanical chipping is prohibited shall not be dropped or thrown to the unless performed in a negative pressure ground. Unless the material is carried enclosure which meets the require- or passed to the ground by hand, it ments of paragraph (g)(5)(i) of this sec- shall be lowered to the ground via cov- tion. ered, dust-tight chute, crane or hoist: (G) Tiles shall be removed intact, un- (1) Any ACM that is not intact shall less the employer demonstrates that be lowered to the ground as soon as is intact removal is not possible. practicable, but in any event no later (H) When tiles are heated and can be than the end of the work shift. While removed intact, wetting may be omit- the material remains on the roof it ted. shall either be kept wet, placed in an (I) Resilient flooring/deck material in impermeable waste bag, or wrapped in buildings/vessels constructed no later plastic sheeting. than 1980, including associated mastic (2) Intact ACM shall be lowered to and backing shall be assumed to be asbestos-containing unless an industrial the ground as soon as is practicable, hygienist determines that it is asbes- but in any event no later than the end tos-free using recognized analytical of the work shift. techniques. (F) Upon being lowered, unwrapped (ii) For removing roofing material material shall be transferred to a which contains ACM the employer closed receptacle in such manner so as shall ensure that the following work to preclude the dispersion of dust. practices are followed: (G) Roof level heating and ventila- (A) Roofing material shall be re- tion air intake sources shall be isolated moved in an intact state to the extent or the ventilation system shall be shut feasible. down. (B) Wet methods shall be used to re- (H) Notwithstanding any other provi- move roofing materials that are not in- sion of this section, removal or repair tact, or that will be rendered not in- of sections of intact roofing less than tact during removal, unless such wet 25 square feet in area does not require methods are not feasible or will create use of wet methods or HEPA safety hazards. vacuuming as long as manual methods (C) Cutting machines shall be con- which do not render the material non- tinuously misted during use, unless a intact are used to remove the material competent person determines that and no visible dust is created by the re- misting substantially decreases worker moval method used. In determining safety. whether a job involves less than 25 (D) When removing built-up roofs square feet, the employer shall include with asbestos-containing roofing felts all removal and repair work performed and an aggregate surface using a power on the same roof on the same day. roof cutter, all dust resulting from the (iii) When removing cementitious as- cutting operation shall be collected by bestos-containing siding and shingles a HEPA dust collector, or shall be or transite panels containing ACM on HEPA vacuumed by vacuuming along building exteriors (other than roofs,

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where paragraph (g)(8)(ii) of this sec- ferred to a closed receptacle, no later tion applies) the employer shall ensure than the end of the work shift. that the following work practices are (vi) Alternative work practices and con- followed: trols. Instead of the work practices and (A) Cutting, abrading or breaking controls listed in paragraphs (g)(8) (i) siding, shingles, or transite panels through (v) of this section, the em- shall be prohibited unless the employer ployer may use different or modified can demonstrate that methods less engineering and work practice controls likely to result in asbestos fiber re- if the following provisions are complied lease cannot be used. with. (B) Each panel or shingle shall be (A) The employer shall demonstrate sprayed with amended water prior to by data representing employee expo- removal. sure during the use of such method (C) Unwrapped or unbagged panels or under conditions which closely resem- shingles shall be immediately lowered ble the conditions under which the to the ground via a covered dust-tight method is to be used, that employee ex- chute, crane or hoist, or be placed in an posure will not exceed the PELs under impervious waste bag or wrapped in any anticipated circumstances. plastic sheeting and lowered to the (B) A qualified person shall evaluate ground no later than the end of the the work area, the projected work work shift. practices and the engineering controls, (D) Nails shall be cut with flat, sharp and shall certify in writing, that the instruments. different or modified controls are ade- (iv) When removing gaskets con- quate to reduce direct and indirect em- taining ACM, the employer shall en- ployee exposure to below the PELs sure that the following work practices under all expected conditions of use are followed: and that the method meets the require- (A) If a gasket is visibly deteriorated ments of this standard. The evaluation and unlikely to be removed intact, re- shall include and be based on data rep- moval shall be undertaken within a resenting employee exposure during glovebag as described in paragraph the use of such method under condi- (g)(5)(ii) of this section. tions which closely resemble the condi- (B) [Reserved] tions under which the method is to be (C) The gasket shall be immediately used for the current job, and by em- placed in a disposal container. ployees whose training and experience (D) Any scraping to remove residue are equivalent to employees who are to must be performed wet. perform the current job. (v) When performing any other Class (9) Work practices and engineering con- II removal of asbestos containing ma- trols for Class III asbestos work. Class III terial for which specific controls have asbestos work shall be conducted using not been listed in paragraph (g)(8)(iv) engineering and work practice controls (A) through (D) of this section, the em- which minimize the exposure to employer shall ensure that the following ployees performing the asbestos work work practices are complied with. and to bystander employees. (A) The material shall be thoroughly (i) The work shall be performed using wetted with amended water prior to wet methods. and during its removal. (ii) To the extent feasible, the work (B) The material shall be removed in shall be performed using local exhaust an intact state unless the employer ventilation. demonstrates that intact removal is (iii) Where the disturbance involves not possible. drilling, cutting, abrading, sanding, (C) Cutting, abrading or breaking the chipping, breaking, or sawing of ther- material shall be prohibited unless the mal system insulation or surfacing ma- employer can demonstrate that meth- terial, the employer shall use imper- ods less likely to result in asbestos meable dropcloths and shall isolate the fiber release are not feasible. operation using mini-enclosures or (D) Asbestos-containing material re- glove bag systems pursuant to para- moved, shall be immediately bagged or graph (g)(5) of this section or another wrapped, or kept wetted until trans- isolation method.

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(iv) Where the employer does not system method or low pressure/wet demonstrate by a negative exposure as- cleaning method, which meets the de- sessment performed in compliance with tailed requirements set out in appendix paragraph (f)(2)(iii) of this section that L to this section. The employer may the PELs will not be exceeded, or also comply using an equivalent meth- where monitoring results show od which follows written procedures exceedances of a PEL, the employer which the employer demonstrates can shall contain the area using imper- achieve results equivalent to Method meable dropcloths and plastic barriers A. For facilities in which no more than or their equivalent, or shall isolate the 5 pair of brakes or 5 clutches are in- operation using mini-enclosure or spected, disassembled, repaired, or as- glove bag systems pursuant to para- sembled per week, the method set for graph (g)(5) of this section. in paragraph [D] of appendix L to this (v) Employees performing Class III section may be used. jobs which involve the disturbance of (ii) The employer may also comply TSI or surfacing ACM or PACM or by using an equivalent method which where the employer does not dem- follows written procedures, which the onstrate by a ‘‘negative exposure as- employer demonstrates can achieve sessment’’ in compliance with para- equivalent exposure reductions as do graph (f)(2)(iii) of this section that the the two ‘‘preferred methods.’’ Such PELs will not be exceeded or where demonstration must include moni- monitoring results show exceedances of toring data conducted under workplace the PEL, shall wear respirators which conditions closely resembling the proc- are selected, used and fitted pursuant ess, type of asbestos containing mate- to provisions of paragraph (h) of this rials, control method, work practices section. and environmental conditions which (10) Class IV asbestos work. Class IV the equivalent method will be used, or asbestos jobs shall be conducted by em- objective data, which document that ployees trained pursuant to the asbes- under all reasonably foreseeable condi- tos awareness training program set out tions of brake and clutch repair appli- in paragraph (k)(9) of this section. In cations, the method results in expo- addition, all Class IV jobs shall be conducted in conformity with the require- sures which are equivalent to the ments set out in paragraph (g)(1) of methods set out in appendix L to this this section, mandating wet methods, section. HEPA vacuums, and prompt clean up (12) Alternative methods of compliance of debris containing ACM or PACM. for installation, removal, repair, and (i) Employees cleaning up debris and maintenance of certain roofing and pipe- waste in a regulated area where res- line coating materials. Notwithstanding pirators are required shall wear res- any other provision of this section, an pirators which are selected, used and employer who complies with all provi- fitted pursuant to provisions of para- sions of this paragraph (g)(12) when in- graph (h) of this section. stalling, removing, repairing, or main- (ii) Employers of employees cleaning taining intact pipeline asphaltic wrap, up waste and debris in an area where or roof flashings which contain asbes- friable TSI or surfacing ACM/PACM is tos fibers encapsulated or coated by bi- accessible, shall assume that such tuminous or resinous compounds shall waste and debris contain asbestos. be deemed to be in compliance with (11) Specific compliance methods for this section. If an employer does not brake and clutch repair—(i) Engineering comply with all provisions of this para- controls and work practices for brake and graph (g)(12) or if during the course of clutch repair and service. During auto- the job the material does not remain motive brake and clutch inspection, intact, the provisions of paragraph disassembly, repair and assembly oper- (g)(8) of this section apply instead of ations, the employer shall institute en- this paragraph (g)(12). gineering controls and work practices (i) Before work begins and as needed to reduce employee exposure to mate- during the job, a qualified person who rials containing asbestos using a nega- is capable of identifying asbestos haz- tive pressure enclosure/HEPA vacuum ards in the workplace and selecting the

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appropriate control strategy for asbes- (iv) During all Class II and III asbestos exposure, and who has the author- tos jobs where the employer does not ity to take prompt corrective measures produce a ‘‘negative exposure assess- to eliminate such hazards, shall con- ment.’’ duct an inspection of the worksite and (v) During all Class III jobs where determine that the roofing material is TSI or surfacing ACM or PACM is intact and will likely remain intact. being disturbed. (ii) All employees performing work (vi) During all Class IV work per- covered by this paragraph (g)(12) shall formed within regulated areas where be trained in a training program that employees performing other work are meets the requirements of paragraph required to wear respirators. (k)(9)(viii) of this section. (vii) During all work covered by this (iii) The material shall not be sand- section where employees are exposed ed, abraded, or ground. Manual meth- above the TWA or excursion limit. ods which do not render the material (viii) In emergencies. non-intact shall be used. (2) Respirator selection. (i) Employers (iv) Material that has been removed must select, and provide to employees from a roof shall not be dropped or at no cost, the appropriate respirators thrown to the ground. Unless the mate- specified in paragraph (d)(3)(i)(A) of 29 rial is carried or passed to the ground CFR 1910.134; however, employers must by hand, it shall be lowered to the not select or use filtering facepiece res- ground via covered, dust-tight chute, pirators for use against asbestos fibers. crane or hoist. All such material shall (ii) Employers are to provide HEPA be removed from the roof as soon as is filters for powered and non-powered practicable, but in any event no later air-purifying respirators. than the end of the work shift. (iii) Employers must: (v) Where roofing products which (A) Inform employees that they may have been labeled as containing asbes- require the employer to provide a tos pursuant to paragraph (k)(8) of this tight-fitting, powered air-purifying res- section are installed on non-residential pirator (PAPR) permitted for use under roofs during operations covered by this paragraph (h)(2)(i) of this standard in- paragraph (g)(12), the employer shall stead of a negative pressure respirator. notify the building owner of the pres- (B) Provide employees with a tight- ence and location of such materials no fitting PAPR instead of a negative later than the end of the job. pressure respirator when the employees (vi) All removal or disturbance of choose to use a tight-fitting PAPR and pipeline asphaltic wrap shall be per- it provides them with the required pro- formed using wet methods. tection against asbestos. (h) Respiratory protection—(1) General. (iv) Employers must provide employ- For employees who use respirators re- ees with an air-purifying, half mask quired by this section, the employer respirator, other than a filtering face- must provide each employee an appro- piece respirator, whenever the employ- priate respirator that complies with ees perform: the requirements of this paragraph. (A) Class II or Class III asbestos work Respirators must be used in the fol- for which no negative exposure assess- lowing circumstances: ment is available. (i) During all Class I asbestos jobs. (B) Class III asbestos work involving (ii) During all Class II work where disturbance of TSI or surfacing ACM or the ACM is not removed in a substan- PACM. tially intact state. (v) Employers must provide employ- (iii) During all Class II and III work ees with: which is not performed using wet (A) A tight-fitting, powered air-puri- methods, provided, however, that res- fying respirator or a full facepiece, sup- pirators need not be worn during re- plied-air respirator operated in the moval of ACM from sloped roofs when a pressure-demand mode and equipped negative exposure assessment has been with either HEPA egress cartridges or made and the ACM is removed in an in- an auxiliary positive-pressure, self-contact state. tained breathing apparatus (SCBA)

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whenever the employees are in a regu- or for any employee performing Class I lated area performing Class I asbestos operations which involve the removal work for which a negative exposure as- of over 25 linear or 10 square feet of TSI sessment is not available and the expo- or surfacing ACM or PACM. sure assessment indicates that the ex- (2) Laundering. (i) The employer shall posure level will be at or below 1 f/cc as ensure that laundering of contami- an 8-hour time-weighted average nated clothing is done so as to prevent (TWA). the release of airborne asbestos in ex- (B) A full facepiece, supplied-air res- cess of the TWA or excursion limit pre- pirator operated in the pressure-described in paragraph (c) of this section. mand mode and equipped with an auxil- (ii) Any employer who gives contami- iary positive-pressure SCBA whenever nated clothing to another person for the employees are in a regulated area laundering shall inform such person of performing Class I asbestos work for the requirement in paragraph (i)(2)(i) which a negative exposure assessment of this section to effectively prevent is not available and the exposure as- the release of airborne asbestos in ex- sessment indicates that the exposure cess of the TWA excursion limit pre- level will be above 1 f/cc as an 8-hour scribed in paragraph (c) of this section. TWA. (3) The employer shall ensure that (3) Respirator program. (i) When res- contaminated clothing is transported piratory protection is used, the em- in sealed impermeable bags, or other ployer shall institute a respiratory pro- closed, impermeable containers, and la- tection program in accordance with 29 beled in accordance with paragraph (k) CFR 1910.134(b) through (d) (except of this section. paragraph (d)(1)(iii)), and (f) through (4) Inspection of protective clothing. (i) (m) which covers each employee re- The qualified person shall examine quired by this section to use a res- worksuits worn by employees at least pirator. once per workshift for rips or tears (ii) No employee shall be assigned to that may occur during the performance tasks requiring the use of respirators of work. if, based on his or her most recent ex- (ii) When rips or tears are detected amination, an examining physician de- while an employee is working, rips and termines that the employee will be un- tears shall be immediately mended, or able to function normally wearing a the worksuit shall be immediately re- respirator, or that the safety or health placed. of the employee or of other employees (j) Hygiene facilities and practices for will be impaired by the use of a res- employees. (1) Requirements for employ- pirator. Such employees shall be as- ees performing Class I asbestos jobs in- signed to another job or given the op- volving over 25 linear or 10 square feet portunity to transfer to a different po- of TSI or surfacing ACM and PACM. sition, the duties of which he or she is (i) Decontamination areas. For all able to perform with the same em- Class I jobs involving over 25 linear or ployer, in the same geographical area, 10 square feet of TSI or surfacing ACM and with the same seniority, status, or PACM, the employer shall establish and rate of pay and other job benefits a decontamination area that is adja- he or she had just prior to such trans- cent and connected to the regulated fer, if such a different position is avail- area for the decontamination of such able. employees. The decontamination area (i) Protective clothing—(1) General. The shall consist of an equipment room, employer shall provide and require the shower area, and clean room in series. use of protective clothing, such as cov- The employer shall ensure that em- eralls or similar whole-body clothing, ployees enter and exit the regulated head coverings, gloves, and foot cov- area through the decontamination erings for any employee exposed to air- area. borne concentrations of asbestos that (A) Equipment room. The equipment exceed the TWA and/or excursion limit room shall be supplied with imper- prescribed in paragraph (c) of this sec- meable, labeled bags and containers for tion, or for which a required negative the containment and disposal of con- exposure assessment is not produced, taminated protective equipment.

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(B) Shower area. Shower facilities employees pass through the equipment shall be provided which comply with 29 room. CFR 1910.141(d)(3), unless the employer (iii) Decontamination area exit proce- can demonstrate that they are not fea- dures. The employer shall ensure that: sible. The showers shall be adjacent (A) Before leaving the regulated area, both to the equipment room and the employees shall remove all gross con- clean room, unless the employer can tamination and debris from their pro- demonstrate that this location is not tective clothing. feasible. Where the employer can dem- (B) Employees shall remove their onstrate that it is not feasible to lo- protective clothing in the equipment cate the shower between the equipment room and deposit the clothing in la- room and the clean room, or where the beled impermeable bags or containers. work is performed outdoors, or when (C) Employees shall not remove their the work involving asbestos exposure respirators in the equipment room. takes place on board a ship, the em- (D) Employees shall shower prior to ployers shall ensure that employees: entering the clean room. (1) Remove asbestos contamination (E) After showering, employees shall from their worksuits in the equipment enter the clean room before changing room using a HEPA vacuum before pro- into street clothes. ceeding to a shower that is not adja- (iv) Lunch areas. Whenever food or cent to the work area; or beverages are consumed at the work- (2) Remove their contaminated site where employees are performing worksuits in the equipment room, then Class I asbestos work, the employer don clean worksuits, and proceed to a shall provide lunch areas in which the shower that is not adjacent to the work airborne concentrations of asbestos are area. below the permissible exposure limit (C) Clean change room. The clean and/or excursion limit. room shall be equipped with a locker or (2) Requirements for Class I work inappropriate storage container for each volving less than 25 linear or 10 square employee’s use. When the employer can feet of TSI or surfacing and PACM, and demonstrate that it is not feasible to for Class II and Class III asbestos work provide a clean change area adjacent to operations where exposures exceed a PEL the work area, or where the work is or where there is no negative exposure as- performed outdoors, or when the work sessment produced before the operation. takes place aboard a ship, the employer (i) The employer shall establish an may permit employees engaged in equipment room or area that is adja- Class I asbestos jobs to clean their pro- cent to the regulated area for the de- tective clothing with a portable HEPA- contamination of employees and their equipped vacuum before such employ- equipment which is contaminated with ees leave the regulated area. Following asbestos which shall consist of an area showering, such employees however covered by an impermeable drop cloth must then change into street clothing on the floor/deck or horizontal working in clean change areas provided by the surface. employer which otherwise meet the re- (ii) The area must be of sufficient quirements of this section. size as to accommodate cleaning of (ii) Decontamination area entry proce- equipment and removing personal pro- dures. The employer shall ensure that tective equipment without spreading employees: contamination beyond the area (as de- (A) Enter the decontamination area termined by visible accumulations). through the clean room; (iii) Work clothing must be cleaned (B) Remove and deposit street cloth- with a HEPA vacuum before it is re- ing within a locker provided for their moved. use; and (iv) All equipment and surfaces of (C) Put on protective clothing and containers filled with ACM must be respiratory protection before leaving cleaned prior to removing them from the clean room. the equipment room or area. (D) Before entering the regulated (v) The employer shall ensure that area, the employer shall ensure that employees enter and exit the regulated

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area through the equipment room or suant to this standard, owners and em- area. ployers shall identify ‘‘PACM’’ as ACM. (3) Requirements for Class IV work. Additional requirements relating to Employers shall ensure that employees communication of asbestos work on performing Class IV work within a reg- multi- employer worksites are set out ulated area comply with the hygiene in paragraph (d) of this standard. practice required of employees per- (2) Duties of building/vessel and facility forming work which has a higher clas- owners. (i) Before work subject to this sification within that regulated area. standard is begun, building/vessel and Otherwise employers of employees facility owners shall determine the cleaning up debris and material which presence, location, and quantity of is TSI or surfacing ACM or identified ACM and/or PACM at the work site as PACM shall provide decontamina- pursuant to paragraph (k)(1) of this tion facilities for such employees section. which are required by paragraph (j)(2) of this section. (ii) Building/vessel and/or facility (4) Smoking in work areas. The em- owners shall notify the following per- ployer shall ensure that employees do sons of the presence, location and not smoke in work areas where they quantity of ACM or PACM, at work are occupationally exposed to asbestos sites in their buildings/facilities/ves- because of activities in that work area. sels. Notification either shall be in (k) Communication of hazards. (1) This writing or shall consist of a personal section applies to the communication communication between the owner and of information concerning asbestos the person to whom notification must hazards in shipyard employment ac- be given or their authorized represent- tivities to facilitate compliance with atives: this standard. Most asbestos-related (A) Prospective employers applying shipyard activities involve previously or bidding for work whose employees installed building materials. Building/ reasonably can be expected to work in vessel owners often are the only and/or or adjacent to areas containing such best sources of information concerning material; them. Therefore, they, along with em- (B) Employees of the owner who will ployers of potentially exposed employ- work in or adjacent to areas containing ees, are assigned specific information such material: conveying and retention duties under (C) On multi-employer worksites, all this section. Installed Asbestos Con- employers of employees who will be taining Building/Vessel Material: Em- performing work within or adjacent to ployers and building/vessel owners areas containing such materials; shall identify TSI and sprayed or trow- (D) Tenants who will occupy areas eled on surfacing materials as asbestos- containing such materials. containing unless the employer, by (3) Duties of employers whose employees complying with paragraph (k)(5) of this perform work subject to this standard in section determines that the material is or adjacent to areas containing ACM and not asbestos-containing. Asphalt or vinyl flooring/decking material in- PACM. Building/vessel and facility stalled in buildings or vessels no later owners whose employees perform such than 1980 must also be considered as as- work shall comply with these provi- bestos containing unless the employer/ sions to the extent applicable. owner, pursuant to paragraph (i) Before work in areas containing (g)(8)(i)(I) of this section, determines it ACM and PACM is begun, employers is not asbestos containing. If the em- shall identify the presence, location, ployer or building/vessel owner has ac- and quantity of ACM, and/or PACM tual knowledge or should have known, therein pursuant to paragraph (k)(1) of through the exercise of due diligence, this section. that materials other than TSI and (ii) Before work under this standard sprayed-on or troweled-on surfacing is performed employers of employees materials are asbestos-containing, they who will perform such work shall in- must be treated as such. When commu- form the following persons of the loca- nicating information to employees pur- tion and quantity of ACM and/or PACM

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present at the worksite and the pre- onstrated by current successful partici- cautions to be taken to ensure that air- pation in a nationally recognized test- borne asbestos is confined to the area. ing program such as the National Vol- (iii) Within 10 days of the completion untary Laboratory Accreditation Pro- of such work, the employer whose em- gram (NVLAP) or the National Insti- ployees have performed work subject to tute for Standards and Technology this standard, shall inform the build- (NIST) or the Round Robin for bulk ing/vessel or facility owner and em- samples administered by the American ployers of employees who will be work- Industrial Hygiene Association (AIHA), ing in the area of the current location or an equivalent nationally-recognized and quantity of PACM and/or ACM re- round robin testing program. maining in the former regulated area (iii) The employer and/or building/ and final monitoring results, if any. vessel owner may demonstrate that (4) In addition to the above require- flooring material including associated ments, all employers who discover mastic and backing does not contain ACM and/or PACM on a work site shall asbestos, by a determination of an in- convey information concerning the dustrial hygienist based upon recog- presence, location and quantity of such nized analytical techniques showing newly discovered ACM and/or PACM to that the material is not ACM. the owner and to other employers of (6) At the entrance to mechanical employees working at the work site, rooms/areas in which employees rea- within 24 hours of the discovery. sonably can be expected to enter and (5) Criteria to rebut the designation which contain ACM and/or PACM, the of installed material as PACM. (i) At building/vessel owner shall post signs any time, an employer and/or building/ which identify the material which is vessel owner may demonstrate, for pur- present, its location, and appropriate poses of this standard, that PACM does work practices which, if followed, will not contain asbestos. Building/vessel ensure that ACM and/or PACM will not owners and/or employers are not re- be disturbed. The employer shall en- quired to communicate information sure, to the extent feasible, that em- about the presence of building material ployees who come in contact with for which such a demonstration pursu- these signs can comprehend them. ant to the requirements of paragraph Means to ensure employee comprehen- (k)(5)(ii) of this section has been made. sion may include the use of foreign lan- However, in all such cases, the infor- guages, pictographs, graphics, and mation, data and analysis supporting awareness training. the determination that PACM does not (7) Hazard communication. (i) Labels contain asbestos, shall be retained pur- shall be affixed to all products con- suant to paragraph (n) of this section. taining asbestos and to all containers (ii) An employer or owner may dem- containing such products, including onstrate that PACM does not contain waste containers. Where feasible, in- more than 1% asbestos by the fol- stalled asbestos products shall contain lowing: a visible label. (A) Having completed an inspection (ii) General. The employer shall in- conducted pursuant to the require- clude asbestos in the program estab- ments of AHERA (40 CFR part 763, sub- lished to comply with the Hazard Com- part E) which demonstrates that the munication Standard (HCS) material is not ACM; or (§ 1910.1200). The employer shall ensure (B) Performing tests of the material that each employee has access to labels containing PACM which demonstrate on containers of asbestos and safety that no ACM is present in the material. data sheets, and is trained in accord- Such tests shall include analysis of ance with the provisions of the HCS bulk samples collected in the manner and paragraph (k)(9) of this section. described in 40 CFR 763.86. The tests, The employer shall ensure that at least evaluation and sample collection shall the following hazards are addressed: be conducted by an accredited inspec- Cancer and lung effects. tor or by a CIH. Analysis of samples (iii) Labels. (A) The employer shall shall be performed by persons or lab- ensure that labels of bags or containers oratories with proficiency dem- of protective clothing and equipment,

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scrap, waste, and debris containing as- (iii) In addition, where the use of res- bestos fibers bear the following infor- pirators and protective clothing is re- mation: quired in the regulated area under this section, the warning signs shall include DANGER CONTAINS ASBESTOS FIBERS the following: MAY CAUSE CANCER WEAR RESPIRATORY PROTECTION CAUSES DAMAGE TO LUNGS AND PROTECTIVE CLOTHING IN THIS DO NOT BREATHE DUST AREA AVOID CREATING DUST (iv) The employer shall ensure that (B)(1) Prior to June 1, 2015, employers employees working in and contiguous may include the following information to regulated areas comprehend the on raw materials, mixtures or labels of warning signs required to be posted by bags or containers of protective cloth- paragraph (k)(8) of this section. Means ing and equipment, scrap, waste, and to ensure employee comprehension debris containing asbestos fibers in lieu may include the use of foreign lan- of the labeling requirements in para- guages, pictographs, and graphics. graphs (k)(7)(ii) and (k)(7)(iii)(A) of this (v) When a building/vessel owner or section: employer identifies previously in- DANGER stalled PACM and/or ACM, labels or CONTAINS ASBESTOS FIBERS signs shall be affixed or posted so that AVOID CREATING DUST employees will be notified of what ma- CANCER AND LUNG DISEASE HAZARD terials contain PACM and/or ACM. The (2) Labels shall also contain a warn- employer shall attach such labels in ing statement against breathing asbes- areas where they will clearly be no- tos fibers. ticed by employees who are likely to be (iv) The provisions for labels required exposed, such as at the entrance to me- in paragraph (k)(7) of this section do chanical room/areas. Signs required by not apply where: paragraph (k)(6) of this section may be (A) Asbestos fibers have been modi- posted in lieu of labels, so long as they fied by a bonding agent, coating, bind- contain information required for label- er, or other material, provided that the ing. The employer shall ensure, to the manufacturer can demonstrate that, extent feasible, that employees who during any reasonably foreseeable use, come in contact with these signs or la- handling, storage, disposal, processing, bels can comprehend them. Means to or transportation, no airborne con- ensure employee comprehension may centrations of asbestos fibers in excess include the use of foreign languages, of the permissible exposure limit and/ pictographs, graphics, and awareness or excursion limit will be released, or training. (B) Asbestos is present in a product (vi) Prior to June 1, 2016, employers in concentrations less than 1.0 percent. may use the following legend in lieu of (8) Signs. (i) Warning signs that de- that specified in paragraph (k)(8)(ii) of marcate the regulated area shall be this section: provided and displayed at each location DANGER where a regulated area is required to be ASBESTOS established by paragraph (e) of this sec- CANCER AND LUNG DISEASE HAZARD tion. Signs shall be posted at such a AUTHORIZED PERSONNEL ONLY distance from such a location that an (vii) Prior to June 1, 2016, employers employee may read the signs and take may use the following legend in lieu of necessary protective steps before en- that specified in paragraph (k)(8)(iii) of tering the area marked by the signs. this section: (ii) The warning signs required by this paragraph (k)(8) shall bear the fol- RESPIRATORS AND PROTECTIVE CLOTH- lowing legend: ING ARE REQUIRED IN THIS AREA (9) Employee information and training. DANGER ASBESTOS (i) The employer shall train each em- MAY CAUSE CANCER ployee who is likely to be exposed in CAUSES DAMAGE TO LUNGS excess of a PEL and each employee who AUTHORIZED PERSONNEL ONLY performs Class I through IV asbestos

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operations in accordance with the re- (v) Training for Class III employees quirements of this section. Training shall be consistent with EPA require- shall be provided at no cost to the em- ments for training of local education ployee. The employer shall institute a agency maintenance and custodial staff training program and ensure employee as set forth at 40 CFR 763.92(a)(2). Such participation in the program. a course shall also include ‘‘hands-on’’ (ii) Training shall be provided prior training and shall take at least 16 to or at the time of initial assignment hours. Exception: For Class III oper- and at least annually thereafter. ations for which the competent person (iii) Training for Class I operations determines that the EPA curriculum and for Class II operations that require does not adequately cover the training the use of critical barriers (or equiva- needed to perform that activity, train- lent isolation methods) and/or negative ing shall include as a minimum all the pressure enclosures under this section elements included in paragraph shall be the equivalent in curriculum, (k)(9)(viii) of this section and in addi- training method and length to the EPA tion, the specific work practices and Model Accreditation Plan (MAP) asbes- engineering controls set forth in para- tos abatement workers training (40 graph (g) of this section which specifi- CFR part 763, subpart E, appendix C). cally relate to that activity, and shall (iv) Training for other Class II work. include ‘‘hands-on’’ training in the (A) For work with asbestos con- work practices applicable to each cat- taining roofing materials, flooring ma- egory of material that the employee terials, siding materials, ceiling tiles, disturbs. or transite panels, training shall in- (vi) Training for employees per- clude at a minimum all the elements forming Class IV operations shall be included in paragraph (k)(9)(viii) of consistent with EPA requirements for this section and in addition, the spe- training of local education agency cific work practices and engineering maintenance and custodial staff as set controls set forth in paragraph (g) of forth at 40 CFR 763.92(a)(1). Such a this section which specifically relate to course shall include available informa- that category. Such course shall in- tion concerning the locations of ther- clude ‘‘hands-on’’ training and shall mal system insulation and surfacing take at least 8 hours. ACM/PACM, and asbestos-containing (B) An employee who works with flooring material, or flooring material more than one of the categories of ma- where the absence of asbestos has not terial specified in paragraph yet been certified; and instruction in (k)(9)(iv)(A) of this section shall re- the recognition of damage, deteriora- ceive training in the work practices ap- tion, and delamination of asbestos con- plicable to each category of material that the employee removes and each taining building materials. Such a removal method that the employee course shall take at least 2 hours. uses. (vii) Training for employees who are (C) For Class II operations not in- likely to be exposed in excess of the volving the categories of material spec- PEL and who are not otherwise re- ified in paragraph (k)(9)(iv)(A) of this quired to be trained under paragraph section, training shall be provided (k)(9) (iii) through (vi) of this section, which shall include at a minimum all shall meet the requirements of para- the elements included in paragraph graph (k)(9)(viii) of this section. (k)(9)(viii) of this section and in addi- (viii) The training program shall be tion, the specific work practices and conducted in a manner that the em- engineering controls set forth in para- ployee is able to understand. In addi- graph (g) of this section which specifi- tion to the content required by the pro- cally relate to the category of material visions in paragraphs (k)(9)(iii) through being removed, and shall include (vi) of this section, the employer shall ‘‘hands-on’’ training in the work prac- ensure that each such employee is in- tices applicable to each category of formed of the following: material that the employee removes (A) Methods of recognizing asbestos, and each removal method that the em- including the requirement in paragraph ployee uses. (k)(1) of this section to presume that

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certain building materials contain as- of self-help smoking cessation program bestos; material. Upon employee request, the (B) The health effects associated with employer shall distribute such mate- asbestos exposure; rial, consisting of NIH Publication No, (C) The relationship between smok- 89–1647, or equivalent self-help mate- ing and asbestos in producing lung can- rial, which is approved or published by cer; a public health organization listed in (D) The nature of operations that appendix J to this section. could result in exposure to asbestos, (l) Housekeeping—(1) Vacuuming. the importance of necessary protective Where vacuuming methods are se- controls to minimize exposure includ- lected, HEPA filtered vacuuming ing, as applicable, engineering con- equipment must be used. The equip- trols, work practices, respirators, ment shall be used and emptied in a housekeeping procedures, hygiene fa- manner that minimizes the reentry of cilities, protective clothing, decon- asbestos into the workplace. tamination procedures, emergency pro- (2) Waste disposal. Asbestos waste, cedures, and waste disposal procedures, scrap, debris, bags, containers, equip- and any necessary instruction in the ment, and contaminated clothing con- use of these controls and procedures; signed for disposal shall be collected where Class III and IV work will be or and disposed of in sealed, labeled, im- is performed, the contents of EPA 20T– permeable bags or other closed, la- 2003, ‘‘Managing Asbestos In-Place’’ beled, impermeable containers except July 1990 or its equivalent in content; in roofing operations, where the proce- (E) The purpose, proper use, fitting dures specified in paragraph (g)(8)(ii) of instructions, and limitations of res- this section apply. pirators as required by 29 CFR 1910.134; (3) Care of asbestos-containing flooring/ (F) The appropriate work practices deck material. (i) All vinyl and asphalt for performing the asbestos job; flooring/deck material shall be main- (G) Medical surveillance program retained in accordance with this para- quirements; graph unless the building/facility (H) The content of this standard in- owner demonstrates, pursuant to para- cluding appendices; graph (g)(8)(i)(I) of this section that the (I) The names, addresses and phone flooring/deck does not contain asbes- numbers of public health organizations tos. which provide information, materials (ii) Sanding of flooring/deck material and/or conduct programs concerning is prohibited. smoking cessation. The employer may (iii) Stripping of finishes shall be distribute the list of such organiza- conducted using low abrasion pads at tions contained in appendix J to this speeds lower than 300 rpm and wet section, to comply with this require- methods. ment; and (iv) Burnishing or dry buffing may be (J) The requirements for posting performed only on flooring/deck which signs and affixing labels and the mean- has sufficient finish so that the pad ing of the required legends for such cannot contact the flooring/deck mate- signs and labels. rial. (10) Access to training materials. (i) (4) Waste and debris and accom- The employer shall make readily avail- panying dust in an area containing ac- able to affected employees without cessible thermal system insulation or cost, written materials relating to the surfacing ACM/PACM or visibly dete- employee training program, including riorated ACM: a copy of this regulation. (i) Shall not be dusted or swept dry, (ii) The employer shall provide to the or vacuumed without using a HEPA fil- Assistant Secretary and the Director, ter; upon request, all information and (ii) Shall be promptly cleaned up and training materials relating to the em- disposed of in leak tight containers. ployee information and training pro- (m) Medical surveillance—(1) General— gram. (i) Employees covered. (A) The employer (iii) The employer shall inform all shall institute a medical surveillance employees concerning the availability program for all employees who for a

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combined total of 30 or more days per vide such examinations to affected em- year are engaged in Class I, II and III ployees at the frequencies specified by work or are exposed at or above a per- the physician. missible exposure limit. For purposes (E) Exception: No medical examina- of this paragraph, any day in which a tion is required of any employee if ade- worker engages in Class II or Class III quate records show that the employee operations or a combination thereof on has been examined in accordance with intact material for one hour or less this paragraph within the past 1-year (taking into account the entire time period. spent on the removal operation, includ- (ii) Content. Medical examinations ing cleanup) and, while doing so, ad- made available pursuant to paragraphs heres fully to the work practices speci- (m)(2)(i) (A) through (m)(2)(i) (C) of this fied in this standard, shall not be section shall include: counted. (A) A medical and work history with (B) For employees otherwise required special emphasis directed to the pul- by this standard to wear a negative monary, cardiovascular, and gastro- pressure respirator, employers shall en- intestinal systems. sure employees are physically able to perform the work and use the equip- (B) On initial examination, the ment. This determination shall be standardized questionnaire contained made under the supervision of a physi- in part 1 of appendix D to this section cian. and, on annual examination, the abbre- (ii) Examination. (A) The employer viated standardized questionnaire con- shall ensure that all medical examina- tained in part 2 of appendix D to this tions and procedures are performed by section. or under the supervision of a licensed (C) A physical examination directed physician, and are provided at no cost to the pulmonary and gastrointestinal to the employee and at a reasonable systems, including a chest x-ray to be time and place. administered at the discretion of the (B) Persons other than such licensed physician, and pulmonary function physicians who administer the pul- tests of forced vital capacity (FVC) and monary function testing required by forced expiratory volume at one second this section shall complete a training (FEV(1)). Interpretation and classifica- course in spirometry sponsored by an tion of chest roentgenogram shall be appropriate academic or professional conducted in accordance with appendix institution. E to this section. (2) Medical examinations and consulta- (D) Any other examinations or tests tions—(i) Frequency. The employer shall deemed necessary by the examining make available medical examinations physician. and consultations to each employee (3) Information provided to the physi- covered under paragraph (m)(1)(i) of cian. The employer shall provide the this section on the following schedules: following information to the exam- (A) Prior to assignment of the em- ining physician: ployee to an area where negative-pres- (i) A copy of this standard and appen- sure respirators are worn; dices D, E, and I to this section; (B) When the employee is assigned to an area where exposure to asbestos (ii) A description of the affected em- may be at or above the permissible ex- ployee’s duties as they relate to the posure limit for 30 or more days per employee’s exposure; year, or engage in Class I, II, or III (iii) The employee’s representative work for a combined total of 30 or more exposure level or anticipated exposure days per year, a medical examination level; must be given within 10 working days (iv) A description of any personal following the thirtieth day of exposure; protective and respiratory equipment (C) And at least annually thereafter. used or to be used; and (D) If the examining physician deter- (v) Information from previous med- mines that any of the examinations ical examinations of the affected em- should be provided more frequently ployee that is not otherwise available than specified, the employer shall pro- to the examining physician.

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(4) Physician’s written opinion. (i) The (C) The testing protocol, results of employer shall obtain a written opin- testing, and/or analysis of the material ion from the examining physician. This for the release of asbestos; written opinion shall contain the re- (D) A description of the operation ex- sults of the medical examination and empted and how the data support the shall include: exemption; and (A) The physician’s opinion as to (E) Other data relevant to the oper- whether the employee has any detected ations, materials, processing, or em- medical conditions that would place ployee exposures covered by the ex- the employee at an increased risk of emption. material health impairment from expo- (iii) The employer shall maintain sure to asbestos; this record for the duration of the em- (B) Any recommended limitations on ployer’s reliance upon such objective the employee or on the use of personal data. protective equipment such as res- (2) Exposure measurements. (i) The em- pirators; and ployer shall keep an accurate record of (C) A statement that the employee all measurements taken to monitor has been informed by the physician of employee exposure to asbestos as pre- the results of the medical examination scribed in paragraph (f) of this section. Note: The employer may utilize the and of any medical conditions that services of qualified organizations such may result from asbestos exposure. as industry trade associations and em- (D) A statement that the employee ployee associations to maintain the has been informed by the physician of records required by this section. the increased risk of lung cancer at- (ii) This record shall include at least tributable to the combined effect of the following information: smoking and asbestos exposure. (A) The date of measurement; (ii) The employer shall instruct the (B) The operation involving exposure physician not to reveal in the written to asbestos that is being monitored; opinion given to the employer specific (C) Sampling and analytical methods findings or diagnoses unrelated to oc- used and evidence of their accuracy; cupational exposure to asbestos. (D) Number, duration, and results of (iii) The employer shall provide a samples taken; copy of the physician’s written opinion (E) Type of protective devices worn, to the affected employee within 30 days if any; and from its receipt. (F) Name, social security number, (n) Recordkeeping—(1) Objective data and exposure of the employees whose relied on pursuant to paragraph (f) of this exposures are represented. section. (i) Where the employer has re- (iii) The employer shall maintain lied on objective data that dem- this record for at least thirty (30) onstrates that products made from or years, in accordance with 29 CFR containing asbestos or the activity in- 1910.1020. volving such products or material are (3) Medical surveillance. (i) The em- not capable of releasing fibers of asbes- ployer shall establish and maintain an tos in concentrations at or above the accurate record for each employee sub- permissible exposure limit and/or ex- ject to medical surveillance by para- cursion limit under the expected condi- graph (m) of this section, in accordance tions of processing, use, or handling to with 29 CFR 1910.1020. satisfy the requirements of paragraph (ii) The record shall include at least (f) of this section, the employer shall the following information: establish and maintain an accurate (A) The name and social security record of objective data reasonably re- number of the employee; lied upon in support of the exemption. (B) A copy of the employee’s medical (ii) The record shall include at least examination results, including the the following information: medical history, questionnaire re- (A) The product qualifying for ex- sponses, results of any tests, and physi- emption; cian’s recommendations. (B) The source of the objective data; (C) Physician’s written opinions;

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(D) Any employee medical com- (8) Transfer of records. The employer plaints related to exposure to asbestos; shall comply with the requirements and concerning transfer of records set forth (E) A copy of the information pro- in 29 CFR 1910.1020(h). vided to the physician as required by (o) Qualified person—(1) General. On paragraph (m) of this section. all shipyard worksites covered by this (iii) The employer shall ensure that standard, the employer shall designate this record is maintained for the dura- a qualified person, having the quali- tion of employment plus thirty (30) fications and authority for ensuring years, in accordance with 29 CFR worker safety and health required by 1910.1020. subpart C, General Safety and Health (4) Training records. The employer Provisions for Construction (29 CFR shall maintain all employee training 1926.20 through 1926.32). records for one (1) year beyond the last (2) Required inspections by the qualified date of employment by that employer. person. § 1926.20(b)(2) which requires (5) Data to rebut PACM. (i) Where the health and safety prevention programs building owner and employer have re- to provide for frequent and regular in- lied on data to demonstrate that PACM spections of the job sites, materials, is not asbestos-containing, such data and equipment to be made by qualified shall be maintained for as long as they persons, is incorporated. are relied upon to rebut the presump- (3) Additional inspections. In addition, tion. the qualified person shall make fre- (ii) [Reserved] quent and regular inspections of the (6) Records of required notification. (i) job sites, in order to perform the duties Where the building/vessel owner has set out in paragraph (o)(3)(i) of this communicated and received informa- section. For Class I jobs, on-site inspection concerning the identity, location tions shall be made at least once dur- and quantity of ACM and PACM, writing each work shift, and at any time at ten records of such notifications and employee request. For Class II, III and their content shall be maintained by IV jobs, on-site inspections shall be the owner for the duration of owner- made at intervals sufficient to assess ship and shall be transferred to succes- whether conditions have changed, and sive owners of such buildings/facilities/ at any reasonable time at employee re- vessels. quest. (ii) [Reserved] (i) On all worksites where employees (7) Availability. (i) The employer, are engaged in Class I or II asbestos upon written request, shall make all work, the qualified person designated records required to be maintained by in accordance with paragraph (e)(6) of this section available to the Assistant this section shall perform or supervise Secretary and the Director for exam- the following duties, as applicable: ination and copying. (A) Set up the regulated area, enclo- (ii) The employer, upon request, shall sure, or other containment; make any exposure records required by (B) Ensure (by on-site inspection) the paragraphs (f) and (n) of this section integrity of the enclosure or contain- available for examination and copying ment; to affected employees, former employ- (C) Set up procedures to control ees, designated representatives, and entry to and exit from the enclosure the Assistant Secretary, in accordance and/or area; with 29 CFR 1910.1020(a) through (e) and (D) Supervise all employee exposure (g) through (i). monitoring required by this section (iii) The employer, upon request, and ensure that it is conducted as re- shall make employee medical records quired by paragraph (f) of this section; required by paragraphs (m) and (n) of (E) Ensure that employees working this section available for examination within the enclosure and/or using glove and copying to the subject employee, bags wear respirators and protective anyone having the specific written con- clothing as required by paragraphs (h) sent of the subject employee, and the and (i) of this section; Assistant Secretary, in accordance (F) Ensure through on-site super- with 29 CFR 1910.1020. vision, that employees set up, use, and

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remove engineering controls, use work (2) Appendices B, F, H, I, J, and K to practices and personal protective this section are informational and are equipment in compliance with all re- not intended to create any additional quirements; obligations not otherwise imposed or (G) Ensure that employees use the to detract from any existing obliga- hygiene facilities and observe the de- tions. contamination procedures specified in paragraph (j) of this section; APPENDIX A TO § 1915.1001—OSHA REFERENCE METHOD (MANDATORY) (H) Ensure that through on-site inspection, engineering controls are func- This mandatory appendix specifies the pro- tioning properly and employees are cedure for analyzing air samples for asbes- using proper work practices; and tos, and specifies quality control procedures that must be implemented by laboratories (I) Ensure that notification require- performing the analysis. The sampling and ments in paragraph (k) of this section analytical methods described below rep- are met. resent the elements of the available moni- (4) Training for the competent person. toring methods (such as appendix B to this (i) For Class I and II asbestos work the section, the most current version of the qualified person shall be trained in all OSHA method ID–160, or the most current version of the NIOSH Method 7400) which aspects of asbestos removal and han- OSHA considers to be essential to achieve dling, including: Abatement, installa- adequate employee exposure monitoring tion, removal and handling; the con- while allowing employers to use methods tents of this standard; the identifica- that are already established within their or- tion of asbestos; removal procedures, ganizations. All employers who are required where appropriate; and other practices to conduct air monitoring under paragraph for reducing the hazard. Such training (f) of this section are required to utilize ana- shall be obtained in a comprehensive lytical laboratories that use this procedure, course for supervisors, that meets the or an equivalent method, for collecting and analyzing samples. criteria of EPA’s Model Accreditation Plan (40 CFR part 763, subpart E, ap- Sampling and Analytical Procedure pendix C), such as a course conducted 1. The sampling medium for air samples by an EPA-approved or state-approved shall be mixed cellulose ester filter mem- training provider, certified by EPA or a branes. These shall be designated by the state, or a course equivalent in strin- manufacturer as suitable for asbestos count- gency, content, and length. ing. See below for rejection of blanks. (ii) For Class III and IV asbestos 2. The preferred collection device shall be work, the qualified person shall be the 25-mm diameter cassette with an open- trained in aspects of asbestos handling faced 50-mm extension cowl. The 37-mm cassette may be used if necessary but only if appropriate for the nature of the work, written justification for the need to use the to include procedures for setting up 37-mm filter cassette accompanies the sam- glove bags and mini-enclosures, prac- ple results in the employee’s exposure moni- tices for reducing asbestos exposures, toring record. Other cassettes such as the use of wet methods, the contents of Bell-mouth may be used within the limits of this standard, and the identification of their validation. Do not reuse or reload cas- asbestos. Such training shall include settes for asbestos sample collection. successful completion of a course that 3. An air flow rate between 0.5 liter/min and 5 liters/min shall be selected for the 25- is consistent with EPA requirements mm cassette. If the 37-mm cassette is used, for training of local education agency an air flow rate between 1 liter/min and 5 li- maintenance and custodial staff as set ters/min shall be selected. forth at 40 CFR 763.92(a)(2), or its 4. Where possible, a sufficient air volume equivalent in stringency, content, and for each air sample shall be collected to length. Qualified persons for Class III yield between 100 and 1,300 fibers per square and Class IV work may also be trained millimeter on the membrane filter. If a filter pursuant to the requirements of para- darkens in appearance or if loose dust is seen graph (o)(4)(i) of this section. on the filter, a second sample shall be started. (p) Appendices. (1) Appendices A, C, D, 5. Ship the samples in a rigid container and E to this section are incorporated with sufficient packing material to prevent as part of this section and the contents dislodging the collected fibers. Packing ma- of these appendices are mandatory. terial that has a high electrostatic charge on

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its surface (e.g., expanded polystyrene) can- 12. The samples shall be mounted by the not be used because such material can cause acetone/triacetin method or a method with loss of fibers to the sides of the cassette. an equivalent index of refraction and similar 6. Calibrate each personal sampling pump clarity. before and after use with a representative fil- 13. Observe the following counting rules. ter cassette installed between the pump and a. Count only fibers equal to or longer than the calibration devices. 5 micrometers. Measure the length of curved 7. Personal samples shall be taken in the fibers along the curve. ‘‘breathing zone’’ of the employee (i.e., at- b. In the absence of other information, tached to or near the collar or lapel near the count all particles as asbestos that have a worker’s face). length-to-width ratio (aspect ratio) of 3 to 1 8. Fiber counts shall be made by positive or greater. phase contrast using a microscope with an 8 c. Fibers lying entirely within the bound- to 10× eyepiece and a 40 to 45× objective for ary of the Walton-Beckett graticule field a total magnification of approximately 400× shall receive a count of 1. Fibers crossing the and a numerical aperture of 0.65 to 0.75. The boundary once, having one end within the microscope shall also be fitted with a green circle, shall receive the count of one half 1 or blue filter. ( ⁄2). Do not count any fiber that crosses the 9. The microscope shall be fitted with a graticule boundary more than once. Reject and do not count any other fibers even Walton-Beckett eyepiece graticule cali- though they may be visible outside the grati- brated for a field diameter of 100 microm- cule area. eters (±2 micrometers). d. Count bundles of fibers as one fiber un- 10. The phase-shift detection limit of the less individual fibers can be identified by ob- microscope shall be about 3 degrees meas- serving both ends of an individual fiber. ured using the HSE phase shift test slide as e. Count enough graticule fields to yield outlined below. 100 fibers. Count a minimum of 20 fields; stop a. Place the test slide on the microscope counting at 100 fields regardless of fiber stage and center it under the phase objec- count. tive. 14. Blind recounts shall be conducted at b. Bring the blocks of grooved lines into the rate of 10 percent. focus. Quality Control Procedures NOTE: The slide consists of seven sets of grooved lines (ca. 20 grooves to each block) 1. Intra-laboratory program. Each labora- in descending order of visibility from sets 1 tory and/or each company with more than to 7, seven being the least visible. The re- one microscopist counting slides shall estab- quirements for asbestos, tremolite, lish a statistically designed quality assur- anthophyllite, and actinolite counting are ance program involving blind recounts and that the microscope optics must resolve the comparisons between microscopists to mon- grooved lines in set 3 completely, although itor the variability of counting by each they may appear somewhat faint, and that microscopist and between microscopists. In a the grooved lines in sets 6 and 7 must be in- company with more than one laboratory, the visible. Sets 4 and 5 must be at least par- program shall include all laboratories and tially visible but may vary slightly in visi- shall also evaluate the laboratory-to-labora- bility between microscopes. A microscope tory variability. that fails to meet these requirements has ei- 2. a. Interlaboratory program. Each labora- ther too low or too high a resolution to be tory analyzing asbestos, tremolite, used for asbestos, tremolite, anthophyllite, anthophyllite, and actinolite samples for and actinolite counting. compliance determination shall implement an interlaboratory quality assurance pro- c. If the image deteriorates, clean and ad- gram that as a minimum includes participa- just the microscope optics. If the problem tion of at least two other independent lab- persists, consult the microscope manufac- oratories. Each laboratory shall participate turer. in round robin testing at least once every 6 11. Each set of samples taken will include months with at least all the other labora- 10% field blanks or a minimum of 2 field tories in its interlaboratory quality assur- blanks. These blanks must come from the ance group. Each laboratory shall submit same lot as the filters used for sample collec- slides typical of its own work load for use in tion. The field blank results shall be aver- this program. The round robin shall be de- aged and subtracted from the analytical re- signed and results analyzed using appro- sults before reporting. A set consists of any priate statistical methodology. sample or group of samples for which an b. All laboratories should participate in a evaluation for this standard must be made. national sample testing scheme such as the Any samples represented by a field blank Proficiency Analytical Testing Program having a fiber count in excess of the detec- (PAT), the Asbestos Registry sponsored by tion limit of the method being used shall be the American Industrial Hygiene Association rejected. (AIHA).

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3. All individuals performing asbestos, microscope shall be evaluated and the micro- tremolite, anthophyllite, and actinolite scope shall be replaced, as necessary. analysis must have taken the NIOSH course 5. Current results of these quality assur- for sampling and evaluating airborne asbes- ance programs shall be posted in each lab- tos, tremolite, anthophyllite, and actinolite oratory to keep the microscopists informed. dust or an equivalent course. 4. When the use of different microscopes APPENDIX B TO § 1915.1001—DETAILED PROCE- contributes to differences between counters DURES FOR ASBESTOS SAMPLING AND ANAL- and laboratories, the effect of the different YSIS (NON-MANDATORY)

Matrix: Air OSHA Permissible Exposure Limits: Time Weighted Average ...... 0.1 fiber/cc Excursion Level (30 minutes) ...... 1.0 fiber/cc Collection Procedure: A known volume of air is drawn through a 25-mm diameter cassette containing a mixed-cellulose ester filter. The cassette must be equipped with an electrically conductive 50-mm extension cowl. The sampling time and rate are chosen to give a fiber density of between 100 to 1,300 fibers/mm2 on the filter. Recommended Sampling Rate ...... 0.5 to 5.0 liters/ minute (L/min) Recommended Air Volumes: Minimum ...... 25 L Maximum ...... 2,400 L

Analytical Procedure: A portion of the cially those characterized by parallel sides sample filter is cleared and prepared for as- and a moderate aspect ratio (usually less bestos fiber counting by Phase Contrast Mi- than 20:1). croscopy (PCM) at 400X. Detection Limit: The number of fibers nec- Commercial manufacturers and products essary to be 95% certain that the result is mentioned in this method are for descriptive greater than zero. use only and do not constitute endorsements Differential Counting: The term applied to by USDOL-OSHA. Similar products from the practice of excluding certain kinds of fi- other sources can be substituted. bers from the fiber count because they do 1. Introduction not appear to be asbestos. Fiber: A particle that is 5 μm or longer, This method describes the collection of with a length-to-width ratio of 3 to 1 or airborne asbestos fibers using calibrated longer. sampling pumps with mixed-cellulose ester Field: The area within the graticule circle (MCE) filters and analysis by phase contrast microscopy (PCM). Some terms used are that is superimposed on the microscope unique to this method and are defined below: image. Asbestos: A term for naturally occurring fi- Set: The samples which are taken, sub- brous minerals. Asbestos includes chrysotile, mitted to the laboratory, analyzed, and for crocidolite, amosite (cummingtonite- which, interim or final result reports are grunerite asbestos), tremolite asbestos, ac- generated. tinolite asbestos, anthophyllite asbestos, and Tremolite, Anthophyllite, and Actinolite: The any of these minerals that have been chemi- non-asbestos form of these minerals which cally treated and/or altered. The precise meet the definition of a fiber. It includes any chemical formulation of each species will of these minerals that have been chemically vary with the location from which it was treated and/or altered. mined. Nominal compositions are listed: Walton-Beckett Graticule: An eyepiece grati- Chrysotile ...... Mg3Si2O5(OH)4 cule specifically designed for asbestos fiber Crocidolite ..... Na2Fe32 + Fe23 + Si8O22(OH)2 counting. It consists of a circle with a pro- Amosite ...... (Mg,Fe) Si O (OH) 7 8 22 2 jected diameter of 100 ±2 μm (area of about Tremolite-ac- Ca (Mg,Fe) Si O (OH) 2 5 8 22 2 2 tinolite. 0.00785 mm ) with a crosshair having tic- μ Anthophyllite (Mg,Fe)7Si8O22(OH)2 marks at 3- m intervals in one direction and 5-μm in the orthogonal direction. There are Asbestos Fiber: A fiber of asbestos which marks around the periphery of the circle to meets the criteria specified below for a fiber. demonstrate the proper sizes and shapes of Aspect Ratio: The ratio of the length of a fiber to it’s diameter (e.g. 3:1, 5:1 aspect ra- fibers. This design is reproduced in figure 1. tios). The disk is placed in one of the microscope Cleavage Fragments: Mineral particles eyepieces so that the design is superimposed formed by comminution of minerals, espe- on the field of view.

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1.1. History 1.4. Workplace Exposure Early surveys to determine asbestos expo- Asbestos is used by the construction indus- sures were conducted using impinger counts try in such products as shingles, floor tiles, of total dust with the counts expressed as asbestos cement, roofing felts, insulation million particles per cubic foot. The British and acoustical products. Non-construction Asbestos Research Council recommended fil- uses include brakes, clutch facings, paper, ter membrane counting in 1969. In July 1969, paints, plastics, and fabrics. One of the most the Bureau of Occupational Safety and significant exposures in the workplace is the Health published a filter membrane method removal and encapsulation of asbestos in for counting asbestos fibers in the United schools, public buildings, and homes. Many States. This method was refined by NIOSH workers have the potential to be exposed to and published as P & CAM 239. On May 29, asbestos during these operations. 1971, OSHA specified filter membrane sam- About 95% of the asbestos in commercial pling with phase contrast counting for eval- use in the United States is chrysotile. Cro- uation of asbestos exposures at work sites in cidolite and amosite make up most of the re- the United States. The use of this technique mainder. Anthophyllite and tremolite or ac- was again required by OSHA in 1986. Phase tinolite are likely to be encountered as con- contrast microscopy has continued to be the taminants in various industrial products. method of choice for the measurement of occupational exposure to asbestos. 1.5. Physical Properties Asbestos fiber possesses a high tensile 1.2. Principle strength along its axis, is chemically inert, Air is drawn through a MCE filter to cap- non-combustible, and heat resistant. It has a ture airborne asbestos fibers. A wedge shaped high electrical resistance and good sound ab- portion of the filter is removed, placed on a sorbing properties. It can be weaved into ca- glass microscope slide and made transparent. bles, fabrics or other textiles, and also mat- A measured area (field) is viewed by PCM. ted into asbestos papers, felts, or mats. All the fibers meeting defined criteria for asbestos are counted and considered a measure 2. Range and Detection Limit of the airborne asbestos concentration. 2.1. The ideal counting range on the filter is 100 to 1,300 fibers/mm2. With a Walton- 1.3. Advantages and Disadvantages Beckett graticule this range is equivalent to There are four main advantages of PCM 0.8 to 10 fibers/field. Using NIOSH counting over other methods: statistics, a count of 0.8 fibers/field would (1) The technique is specific for fibers. give an approximate coefficient of variation Phase contrast is a fiber counting technique (CV) of 0.13. which excludes non-fibrous particles from 2.2. The detection limit for this method is the analysis. 4.0 fibers per 100 fields or 5.5 fibers/mm2. This (2) The technique is inexpensive and does was determined using an equation to esti- not require specialized knowledge to carry mate the maximum CV possible at a specific out the analysis for total fiber counts. concentration (95% confidence) and a Lower (3) The analysis is quick and can be per- Control Limit of zero. The CV value was formed on-site for rapid determination of air then used to determine a corresponding con- concentrations of asbestos fibers. centration from historical CV vs fiber rela- (4) The technique has continuity with his- tionships. As an example: torical epidemiological studies so that esti- Lower Control Limit (95% Confidence) = mates of expected disease can be inferred AC—1.645(CV)(AC) from long-term determinations of asbestos Where: exposures. AC = Estimate of the airborne fiber con- The main disadvantage of PCM is that it centration (fibers/cc) Setting the Lower does not positively identify asbestos fibers. Control Limit = 0 and solving for CV: Other fibers which are not asbestos may be 0 = AC—1.645(CV)(AC) included in the count unless differential CV = 0.61 counting is performed. This requires a great deal of experience to adequately differen- This value was compared with CV vs. count tiate asbestos from non-asbestos fibers. Posi- curves. The count at which CV = 0.61 for tive identification of asbestos must be per- Leidel-Busch counting statistics (8.9.) or for formed by polarized light or electron micros- an OSHA Salt Lake Technical Center copy techniques. A further disadvantage of (OSHA-SLTC) CV curve (see appendix A for PCM is that the smallest visible fibers are further information) was 4.4 fibers or 3.9 fi- about 0.2 μm in diameter while the finest as- bers per 100 fields, respectively. Although a bestos fibers may be as small as 0.02 μm in lower detection limit of 4 fibers per 100 fields diameter. For some exposures, substantially is supported by the OSHA-SLTC data, both more fibers may be present than are actually data sets support the 4.5 fibers per 100 fields counted. value.

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3. Method Performance—Precision and (d) To decrease the possibility of contami- Accuracy nation, the sampling system (filter-backup pad-cassette) for asbestos is usually Precision is dependent upon the total num- preassembled by the manufacturer. ber of fibers counted and the uniformity of (e) Other cassettes, such as the Bell- the fiber distribution on the filter. A general mouth, may be used within the limits of rule is to count at least 20 and not more than their validation. 100 fields. The count is discontinued when 100 fibers are counted, provided that 20 fields 5.1.2. Gel bands for sealing cassettes. have already been counted. Counting more 5.1.3. Sampling pump. than 100 fibers results in only a small gain in Each pump must be a battery operated, precision. As the total count drops below 10 self-contained unit small enough to be fibers, an accelerated loss of precision is placed on the monitored employee and not noted. interfere with the work being performed. The At this time, there is no known method to pump must be capable of sampling at the collection rate for the required sampling time. determine the absolute accuracy of the as- 5.1.4. Flexible tubing, 6-mm bore. bestos analysis. Results of samples prepared 5.1.5. Pump calibration. through the Proficiency Analytical Testing Stopwatch and bubble tube/burette or elec- (PAT) Program and analyzed by the OSHA- tronic meter. SLTC showed no significant bias when compared to PAT reference values. The PAT 5.2. Sampling Procedure samples were analyzed from 1987 to 1989 (N = 36) and the concentration range was from 120 5.2.1. Seal the point where the base and to 1,300 fibers/mm2. cowl of each cassette meet with a gel band or tape. 4. Interferences 5.2.2. Charge the pumps completely before beginning. Fibrous substances, if present, may inter- 5.2.3. Connect each pump to a calibration fere with asbestos analysis. cassette with an appropriate length of 6-mm Some common fibers are: bore plastic tubing. Do not use luer connec- fiberglass tors—the type of cassette specified above has anhydrate built-in adapters. plant fibers 5.2.4. Select an appropriate flow rate for perlite veins the situation being monitored. The sampling gypsum flow rate must be between 0.5 and 5.0 L/min some synthetic fibers for personal sampling and is commonly set membrane structures between 1 and 2 L/min. Always choose a flow sponge spicules rate that will not produce overloaded filters. diatoms 5.2.5. Calibrate each sampling pump before microorganism and after sampling with a calibration cas- wollastonite sette in-line (Note: This calibration cassette The use of electron microscopy or optical should be from the same lot of cassettes used tests such as polarized light, and dispersion for sampling). Use a primary standard (e.g. staining may be used to differentiate these bubble burette) to calibrate each pump. If materials from asbestos when necessary. possible, calibrate at the sampling site. NOTE: If sampling site calibration is not 5. Sampling possible, environmental influences may affect the flow rate. The extent is dependent 5.1. Equipment on the type of pump used. Consult with the 5.1.1. Sample assembly (The assembly is pump manufacturer to determine dependence shown in figure 3). Conductive filter holder on environmental influences. If the pump is consisting of a 25-mm diameter, 3-piece cas- affected by temperature and pressure sette having a 50-mm long electrically con- changes, correct the flow rate by using the ductive extension cowl. Backup pad, 25-mm, formula shown in the section ‘‘Sampling cellulose. Membrane filter, mixed-cellulose Pump Flow Rate Corrections’’ at the end of ester (MCE), 25-mm, plain, white, 0.4 to 1.2- this appendix. μm pore size. 5.2.6. Connect each pump to the base of NOTES: (a) DO NOT RE-USE CASSETTES. each sampling cassette with flexible tubing. (b) Fully conductive cassettes are required Remove the end cap of each cassette and to reduce fiber loss to the sides of the cas- take each air sample open face. Assure that sette due to electrostatic attraction. each sample cassette is held open side down (c) Purchase filters which have been se- in the employee’s breathing zone during lected by the manufacturer for asbestos sampling. The distance from the nose/mouth counting or analyze representative filters for of the employee to the cassette should be fiber background before use. Discard the fil- about 10 cm. Secure the cassette on the col- ter lot if more than 4 fibers/100 fields are lar or lapel of the employee using spring found. clips or other similar devices.

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5.2.7. A suggested minimum air volume 5.3.2. Secure and handle the samples in when sampling to determine TWA compli- such that they will not rattle during ship- ance is 25 L. For Excursion Limit (30 min ment nor be exposed to static electricity. Do sampling time) evaluations, a minimum air not ship samples in expanded polystyrene volume of 48 L is recommended. peanuts, vermiculite, paper shreds, or excel- 5.2.8. The most significant problem when sior. Tape sample cassettes to sheet bubbles sampling for asbestos is overloading the fil- and place in a container that will cushion ter with non-asbestos dust. Suggested max- the samples in such a manner that they will imum air sample volumes for specific envi- not rattle. ronments are: 5.3.3. To avoid the possibility of sample contamination, always ship bulk samples in Environment Air vol. (L) separate mailing containers. Asbestos removal operations (visible dust) ...... 100 6. Analysis Asbestos removal operations (little dust) ...... 240 Office environments ...... 400 to 6.1. Safety Precautions 2,400 6.1.1. Acetone is extremely flammable and Caution: Do not overload the filter with precautions must be taken not to ignite it. dust. High levels of non-fibrous dust par- Avoid using large containers or quantities of ticles may obscure fibers on the filter and acetone. Transfer the solvent in a ventilated lower the count or make counting impos- laboratory hood. Do not use acetone near sible. If more than about 25 to 30% of the any open flame. For generation of acetone field area is obscured with dust, the result vapor, use a spark free heat source. may be biased low. Smaller air volumes may 6.1.2. Any asbestos spills should be cleaned be necessary when there is excessive non-as- up immediately to prevent dispersal of fi- bestos dust in the air. bers. Prudence should be exercised to avoid contamination of laboratory facilities or ex- While sampling, observe the filter with a posure of personnel to asbestos. Asbestos small flashlight. If there is a visible layer of spills should be cleaned up with wet methods dust on the filter, stop sampling, remove and and/or a High Efficiency Particulate-Air seal the cassette, and replace with a new (HEPA) filtered vacuum. sampling assembly. The total dust loading Caution: Do not use a vacuum without a should not exceed 1 mg. HEPA filter—It will disperse fine asbestos fi- 5.2.9. Blank samples are used to determine bers in the air. if any contamination has occurred during sample handling. Prepare two blanks for the 6.2. Equipment first 1 to 20 samples. For sets containing greater than 20 samples, prepare blanks as 6.2.1. Phase contrast microscope with bin- 10% of the samples. Handle blank samples in ocular or trinocular head. the same manner as air samples with one ex- 6.2.2. Widefield or Huygenian 10X eyepieces ception: Do not draw any air through the (NOTE: The eyepiece containing the grati- blank samples. Open the blank cassette in cule must be a focusing eyepiece. Use a 40X the place where the sample cassettes are phase objective with a numerical aperture of mounted on the employee. Hold it open for 0.65 to 0.75). about 30 seconds. Close and seal the cassette 6.2.3. Kohler illumination (if possible) with appropriately. Store blanks for shipment green or blue filter. 6.2.4. Walton-Beckett Graticule, type G–22 with the sample cassettes. with 100 ±2 μm projected diameter. 5.2.10. Immediately after sampling, close 6.2.5. Mechanical stage. A rotating me- and seal each cassette with the base and chanical stage is convenient for use with po- plastic plugs. Do not touch or puncture the larized light. filter membrane as this will invalidate the 6.2.6. Phase telescope. analysis. 6.2.7. Stage micrometer with 0.01-mm sub- 5.2.11 Attach and secure a sample seal divisions. around each sample cassette in such a way 6.2.8. Phase-shift test slide, mark II (Avail- as to assure that the end cap and base plugs able from PTR optics Ltd., and also cannot be removed without destroying the McCrone). seal. Tape the ends of the seal together since 6.2.9. Precleaned glass slides, 25 mm × 75 the seal is not long enough to be wrapped mm. One end can be frosted for convenience end-to-end. Also wrap tape around the cas- in writing sample numbers, etc., or paste-on sette at each joint to keep the seal secure. labels can be used. 1 5.3. Sample Shipment 6.2.10. Cover glass #1 ⁄2. 6.2.11. Scalpel (#10, curved blade). 5.3.1. Send the samples to the laboratory 6.2.12. Fine tipped forceps. with paperwork requesting asbestos analysis. 6.2.13. Aluminum block for clearing filter List any known fibrous interferences present (see appendix D and figure 4). during sampling on the paperwork. Also, 6.2.14. Automatic adjustable pipette, 100- to note the workplace operation(s) sampled. 500-μL.

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6.2.15. Micropipette, 5 μL. 6.5.6. Immediately (less than 30 seconds) place 2.5 to 3.5 μL of triacetin on the filter 6.3. Reagents (NOTE: Waiting longer than 30 seconds will 6.3.1. Acetone (HPLC grade). result in increased index of refraction and 6.3.2. Triacetin (glycerol triacetate). decreased contrast between the fibers and 6.3.3. Lacquer or nail polish. the preparation. This may also lead to separation of the cover slip from the slide). 6.4. Standard Preparation 6.5.7. Lower a cover slip gently onto the filter at a slight angle to reduce the possibility A way to prepare standard asbestos sam- of forming air bubbles. If more than 30 sec- ples of known concentration has not been de- onds have elapsed between acetone exposure veloped. It is possible to prepare replicate and triacetin application, glue the edges of samples of nearly equal concentration. This the cover slip to the slide with lacquer or has been performed through the PAT pro- nail polish. gram. These asbestos samples are distributed 6.5.8. If clearing is slow, warm the slide for by the AIHA to participating laboratories. 15 min on a hot plate having a surface tem- Since only about one-fourth of a 25-mm perature of about 50 °C to hasten clearing. sample membrane is required for an asbestos The top of the hot block can be used if the count, any PAT sample can serve as a slide is not heated too long. ‘‘standard’’ for replicate counting. 6.5.9. Counting may proceed immediately 6.5. Sample Mounting after clearing and mounting are completed. 6.6. Sample Analysis NOTE: See Safety Precautions in Section 6.1. before proceeding. The objective is to Completely align the microscope according produce samples with a smooth (non-grainy) to the manufacturer’s instructions. Then, background in a medium with a refractive align the microscope using the following index of approximately 1.46. The technique general alignment routine at the beginning below collapses the filter for easier focusing of every counting session and more often if and produces permanent mounts which are necessary. useful for quality control and interlaboratory comparison. 6.6.1. Alignment An aluminum block or similar device is re- (1) Clean all optical surfaces. Even a small quired for sample preparation. amount of dirt can significantly degrade the 6.5.1. Heat the aluminum block to about 70 image. °C. The hot block should not be used on any (2) Rough focus the objective on a sample. surface that can be damaged by either the (3) Close down the field iris so that it is heat or from exposure to acetone. visible in the field of view. Focus the image 6.5.2. Ensure that the glass slides and cover of the iris with the condenser focus. Center glasses are free of dust and fibers. the image of the iris in the field of view. 6.5.3. Remove the top plug to prevent a (4) Install the phase telescope and focus on vacuum when the cassette is opened. Clean the phase rings. Critically center the rings. the outside of the cassette if necessary. Cut Misalignment of the rings results in astig- the seal and/or tape on the cassette with a matism which will degrade the image. razor blade. Very carefully separate the base (5) Place the phase-shift test slide on the from the extension cowl, leaving the filter microscope stage and focus on the lines. The and backup pad in the base. analyst must see line set 3 and should see at 6.5.4. With a rocking motion cut a tri- least parts of 4 and 5 but, not see line set 6 angular wedge from the filter using the scal- or 6. A microscope/microscopist combination pel. This wedge should be one-sixth to one- which does not pass this test may not be fourth of the filter. Grasp the filter wedge used. with the forceps on the perimeter of the filter which was clamped between the cassette 6.6.2. Counting Fibers pieces. DO NOT TOUCH the filter with your (1) Place the prepared sample slide on the finger. Place the filter on the glass slide mechanical stage of the microscope. Position sample side up. Static electricity will usu- the center of the wedge under the objective ally keep the filter on the slide until it is lens and focus upon the sample. cleared. (2) Start counting from one end of the 6.5.5. Place the tip of the micropipette con- wedge and progress along a radial line to the taining about 200 μL acetone into the alu- other end (count in either direction from pe- minum block. Insert the glass slide into the rimeter to wedge tip). Select fields ran- receiving slot in the aluminum block. Inject domly, without looking into the eyepieces, the acetone into the block with slow, steady by slightly advancing the slide in one direc- pressure on the plunger while holding the pi- tion with the mechanical stage control. pette firmly in place. Wait 3 to 5 seconds for (3) Continually scan over a range of focal the filter to clear, then remove the pipette planes (generally the upper 10 to 15 μm of the and slide from the aluminum block. filter surface) with the fine focus control

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during each field count. Spend at least 5 to If there is a question whether a fiber is as- 15 seconds per field. bestos or not, follow the rule: (4) Most samples will contain asbestos fi- ‘‘WHEN IN DOUBT, COUNT.’’ bers with fiber diameters less than 1 μm. Look carefully for faint fiber images. The 6.8. Analytical Recommendations—Quality small diameter fibers will be very hard to Control System see. However, they are an important con- 6.8.1. All individuals performing asbestos tribution to the total count. analysis must have taken the NIOSH course (5) Count only fibers equal to or longer for sampling and evaluating airborne asbes- than 5 μm. Measure the length of curved fi- tos or an equivalent course. bers along the curve. 6.8.2. Each laboratory engaged in asbestos (6) Count fibers which have a length to counting shall set up a slide trading arrange- width ratio of 3:1 or greater. ment with at least two other laboratories in (7) Count all the fibers in at least 20 fields. order to compare performance and eliminate Continue counting until either 100 fibers are inbreeding of error. The slide exchange oc- counted or 100 fields have been viewed; curs at least semiannually. The round robin whichever occurs first. Count all the fibers results shall be posted where all analysts can in the final field. view individual analyst’s results. (8) Fibers lying entirely within the bound- 6.8.3. Each laboratory engaged in asbestos ary of the Walton-Beckett graticule field counting shall participate in the Proficiency shall receive a count of 1. Fibers crossing the Analytical Testing Program, the Asbestos boundary once, having one end within the Analyst Registry or equivalent. circle shall receive a count of 1⁄2. Do not 6.8.4. Each analyst shall select and count count any fiber that crosses the graticule prepared slides from a ‘‘slide bank’’. These boundary more than once. Reject and do not are quality assurance counts. The slide bank count any other fibers even though they may shall be prepared using uniformly distributed be visible outside the graticule area. If a samples taken from the workload. Fiber den- fiber touches the circle, it is considered to sities should cover the entire range routinely cross the line. analyzed by the laboratory. These slides are (9) Count bundles of fibers as one fiber un- counted blind by all counters to establish an less individual fibers can be clearly identi- original standard deviation. This historical fied and each individual fiber is clearly not distribution is compared with the quality as- connected to another counted fiber. See fig- surance counts. A counter must have 95% of ure 1 for counting conventions. all quality control samples counted within (10) Record the number of fibers in each three standard deviations of the historical field in a consistent way such that filter mean. This count is then integrated into a non-uniformity can be assessed. new historical mean and standard deviation (11) Regularly check phase ring alignment. for the slide. (12) When an agglomerate (mass of mate- The analyses done by the counters to es- rial) covers more than 25% of the field of tablish the slide bank may be used for an in- view, reject the field and select another. Do terim quality control program if the data are not include it in the number of fields count- treated in a proper statistical fashion. ed. (13) Perform a ‘‘blind recount’’ of 1 in every 7. Calculations 10 filter wedges (slides). Re-label the slides 7.1. Calculate the estimated airborne asbes- using a person other than the original tos fiber concentration on the filter sample counter. using the following formula: 6.7. Fiber Identification ⎡⎛ FB⎞ ⎛ BFB⎞ ⎤ As previously mentioned in Section 1.3., ⎢⎜ ⎟ − ⎜ ⎟ ⎥ × ECA PCM does not provide positive confirmation ⎣⎝ FL⎠ ⎝ BFL ⎠ ⎦ of asbestos fibers. Alternate differential AC = counting techniques should be used if dis- ××× crimination is desirable. Differential count- 1000 FR T MFA ing may include primary discrimination Where: based on morphology, polarized light anal- AC = Airborne fiber concentration ysis of fibers, or modification of PCM data FB = Total number of fibers greater than 5 by Scanning Electron or Transmission Elec- μm counted tron Microscopy. FL = Total number of fields counted on the A great deal of experience is required to filter routinely and correctly perform differential BFB = Total number of fibers greater than 5 counting. It is discouraged unless it is le- μm counted in the blank gally necessary. Then, only if a fiber is obvi- BFL = Total number of fields counted on the ously not asbestos should it be excluded from blank the count. Further discussion of this tech- ECA = Effective collecting area of filter (385 nique can be found in reference 8.10. mm2 nominal for a 25-mm filter.)

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FR = Pump flow rate (L/min) MFA = Microscope count field area (mm2 ). AC−> AC 278. This is 0.00785 mm2 for a Walton-Beckett 21 Graticule. T = Sample collection time (min) × × ()ACAVG CV FB 1,000 = Conversion of L to cc Where: NOTE: The collection area of a filter is sel- AC = lower estimated airborne fiber con- 2 1 dom equal to 385 mm . It is appropriate for centration laboratories to routinely monitor the exact AC2 = higher estimated airborne fiber con- diameter using an inside micrometer. The centration collection area is calculated according to the ACavg = average of the two concentration es- formula: timates 2 Area = π(d/2) CVFB = CV for the average of the two concentration estimates 7.2. Short-cut Calculation If a pair of counts are rejected by this cri- Since a given analyst always has the same terion then, recount the rest of the filters in interpupillary distance, the number of fields the submitted set. Apply the test and reject per filter for a particular analyst will remain any other pairs failing the test. Rejection shall include a memo to the industrial hy- constant for a given size filter. The field size gienist stating that the sample failed a sta- for that analyst is constant (i.e. the analyst tistical test for homogeneity and the true air is using an assigned microscope and is not concentration may be significantly different changing the reticle). than the reported value. For example, if the exposed area of the filter is always 385 mm2 and the size of the field 7.4. Reporting Results 2 is always 0.00785 mm , the number of fields Report results to the industrial hygienist per filter will always be 49,000. In addition it as fibers/cc. Use two significant figures. If is necessary to convert liters of air to cc. multiple analyses are performed on a sam- These three constants can then be combined ple, an average of the results is to be re- such that ECA/(1,000 × MFA) = 49. The pre- ported unless any of the results can be re- vious equation simplifies to: jected for cause. ⎛ FB⎞ ⎛ BFB⎞ 8. References ⎜ ⎟ − ⎜ ⎟ × 49 8.1. Dreesen, W.C., et al, U.S. Public Health ⎝ FL⎠ ⎝ BFL ⎠ Service: A Study of Asbestosis in the Asbestos AC = Textile Industry, (Public Health Bulletin No. FR× T 241), US Treasury Dept., Washington, DC, 1938. 7.3. Recount Calculations 8.2. Asbestos Research Council: The Measure- ment of Airborne Asbestos Dust by the Mem- As mentioned in step 13 of Section 6.6.2., a brane Filter Method (Technical Note), Asbes- ‘‘blind recount’’ of 10% of the slides is per- tos Research Council, Rockdale, Lancashire, formed. In all cases, differences will be ob- Great Britain, 1969. served between the first and second counts of 8.3. Bayer, S.G., Zumwalde, R.D., Brown, the same filter wedge. Most of these dif- T.A., Equipment and Procedure for Mounting ferences will be due to chance alone, that is, Millipore Filters and Counting Asbestos Fibers due to the random variability (precision) of by Phase Contrast Microscopy, Bureau of Oc- the count method. Statistical recount cri- cupational Health, U.S. Dept. of Health, Edu- teria enables one to decide whether observed cation and Welfare, Cincinnati,OH,1969. differences can be explained due to chance 8.4. NIOSH Manual of Analytical Methods, alone or are probably due to systematic dif- 2nd ed., Vol. 1 (DHEW/NIOSH Pub. No. 77– ferences between analysts, microscopes, or 157–A). National Institute for Occupational Safety and Health, Cincinnati, OH, other biasing factors. 1977.pp.239–1–239–21. The following recount criterion is for a 8.5. Asbestos, Code of Federal Regulations pair of counts that estimate AC in fibers/cc. 29 CFR 1910.1001. 1971. The criterion is given at the type-I error 8.6. Occupational Exposure to Asbestos, level. That is, there is 5% maximum risk Tremolite, Anthophyllite, and Actinolite. Final that we will reject a pair of counts for the Rule, FEDERAL REGISTER 51: 119 (20 June reason that one might be biased, when the 1986). pp.22612–22790. large observed difference is really due to 8.7. Asbestos, Tremolite, Anthophyllite, and chance. Actinolite, Code of Federal Regulations Reject a pair of counts if: 1910.1001. 1988. pp 711–752. 8.8. Criteria for a Recommended Standard— Occupational Exposure to Asbestos (DHEW/

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NIOSH Pub. No. HSM 72–10267), National In- Tact = temperature at sampling site (K) stitute for Occupational Safety and Health Tcal = temperature at calibration (K) NIOSH, Cincinnati, OH, 1972. pp. III–1–III–24. 8.9. Leidel, N.A., Bayer, S.G., Zumwalde, Walton-Beckett Graticule R.D., Busch, K.A., USPHS/NIOSH Membrane When ordering the Graticule for asbestos Filter Method for Evaluating Airborne Asbestos Fibers (DHEW/NIOSH Pub. No. 79–127). Na- counting, specify the exact disc diameter tional Institute for Occupational Safety and needed to fit the ocular of the microscope Health, Cincinnati, OH, 1979. and the diameter (mm) of the circular count- 8.10. Dixon, W.C., Applications of Optical Mi- ing area. Instructions for measuring the di- croscopy in Analysis of Asbestos and Quartz, mensions necessary are listed: Analytical Techniques in Occupational (1) Insert any available graticule into the Health Chemistry, edited by D.D. Dollberg focusing eyepiece and focus so that the grati- and A.W. Verstuyft. Wash. D.C.: American cule lines are sharp and clear. Chemical Society, (ACS Symposium Series (2) Align the microscope. 120) 1980. pp. 13–41. (3) Place a stage micrometer on the microscope object stage and focus the microscope Quality Control on the graduated lines. The OSHA asbestos regulations require (4) Measure the magnified grid length, PL each laboratory to establish a quality con- (μm), using the stage micrometer. trol program. The following is presented as (5) Remove the graticule from the micro- an example of how the OSHA-SLTC con- scope and measure its actual grid length, AL structed its internal CV curve as part of (mm). This can be accomplished by using a meeting this requirement. Data is from 395 mechanical stage fitted with verniers, or a samples collected during OSHA compliance jeweler’s loupe with a direct reading scale. inspections and analyzed from October 1980 μ through April 1986. (6) Let D = 100 m. Calculate the circle di- Each sample was counted by 2 to 5 dif- ameter, dc (mm), for the Walton-Beckett ferent counters independently of one an- graticule and specify the diameter when other. The standard deviation and the CV making a purchase: statistic was calculated for each sample. × This data was then plotted on a graph of CV = AL D vs. fibers/mm2. A least squares regression dc was performed using the following equation: PL 2 μ CV = antilog10[A(log10(x)) + B(log10(x)) + C] Example: If PL = 108 m, AL = 2.93 mm and Where: D = 100 μm, then, x = the number of fibers/mm2 2. 93× 100 Application of least squares gave: = = dmmc 271. A = 0.182205 108 ¥ B = 0.973343 (7) Each eyepiece-objective-reticle com- C = 0.327499 bination on the microscope must be cali- Using these values, the equation becomes: brated. Should any of the three be changed 2 CV = antilog10[0.182205(log10 (x)) ¥0.973343(log (by zoom adjustment, disassembly, replace- 10(x)) + 0.327499] ment, etc.), the combination must be recali- brated. Calibration may change if interpupil- Sampling Pump Flow Rate Corrections lary distance is changed. This correction is used if a difference Measure the field diameter, D (acceptable greater than 5% in ambient temperature and/ range: 100 ±2 μm) with a stage micrometer or pressure is noted between calibration and upon receipt of the graticule from the manu- sampling sites and the pump does not com- facturer. Determine the field area (mm2). pensate for the differences. Field Area = π(D/2)2 If D = 100 μm = 0.1 mm, then ⎛ P ⎞ ⎛ T ⎞ Field Area = π(0.1 mm/2)2 = 0.00785 mm2 =×cal × act QQact cal ⎜ ⎟ ⎜ ⎟ The Graticule is available from: Graticules Ltd., Morley Road, Tonbridge TN9 IRN, ⎝ Pact ⎠ ⎝ Tcal ⎠ Kent, England (Telephone 011–44–732–359061). Where: Also available from PTR Optics Ltd., 145

Qact = actual flow rate Newton Street, Waltham, MA 02154 [tele- Qcal = calibrated flow rate (if a rotameter was phone (617) 891–6000] or McCrone Accessories used, the rotameter value) and Components, 2506 S. Michigan Ave., Chi- Pcal = uncorrected air pressure at calibration cago, IL 60616 [phone (312) 842–7100]. The grat- Pact = uncorrected air pressure at sampling icule is custom made for each microscope. site

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COUNTS FOR THE FIBERS IN THE FIGURE

Structure No. Count Explanation

1 to 6 ...... 1 Single fibers all contained within the circle. 7 ...... 1⁄2 Fiber crosses circle once. 8 ...... 0 Fiber too short. 9 ...... 2 Two crossing fibers. 10 ...... 0 Fiber outside graticule. 11 ...... 0 Fiber crosses graticule twice. 12 ...... 1⁄2 Although split, fiber only crosses once.

APPENDIX C TO § 1915.1001—QUALITATIVE AND APPENDIX D TO § 1915.1001—MEDICAL QUANTITATIVE FIT TESTING PROCEDURES. QUESTIONNAIRES. MANDATORY MANDATORY This mandatory appendix contains the Employers must perform fit testing in ac- medical questionnaires that must be admin- cordance with the fit-testing requirements of istered to all employees who are exposed to 29 CFR 1910.134(f) and the qualitative and asbestos, tremolite, anthophyllite, actino- quantitative fit-testing protocols and proce- lite, or a combination of these minerals dures specified in Appendix A of 29 CFR above the permissible exposure limit (0.1 f/ 1910.134. cc), and who will therefore be included in

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their employer’s medical surveillance pro- odical Medical Questionnaire, which must be gram. Part 1 of the appendix contains the administered to all employees who are pro- Initial Medical Questionnaire, which must be vided periodic medical examinations under obtained for all new hires who will be cov- the medical surveillance provisions of the ered by the medical surveillance require- standard. ments. Part 2 includes the abbreviated Peri-

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APPENDIX E TO § 1915.1001—INTERPRETATION sions governing the construction and testing AND CLASSIFICATION OF CHEST ROENTGENO- of negative pressure enclosures. The first GRAMS. MANDATORY category includes the requirement for use of wet methods, HEPA vacuums, and imme- (a) Chest roentgenograms shall be interpreted and classified in accordance with a diate bagging of waste; Class I work must professionally accepted classification system conform to the following provisions: • and recorded on an interpretation form fol- oversight by competent person • lowing the format of the CDC/NIOSH (M) 2.8 use of critical barriers over all openings form. As a minimum, the content within the to work area • bold lines of this form (items 1 through 4) isolation of HVAC systems • shall be included. This form is not to be sub- use of impermeable dropcloths and cov- mitted to NIOSH. erage of all objects within regulated areas (b) Roentgenograms shall be interpreted In addition, more specific requirements for and classified only by a B-reader, a board eli- NPEs include: gible/certified radiologist, or an experienced • maintenance of ¥0.02 inches water gauge physician with known expertise in within enclosure pneumoconioses. • manometric measurements (c) All interpreters, whenever interpreting • air movement away from employees per- chest roentgenograms made under this sec- forming removal work tion, shall have immediately available for • smoke testing or equivalent for detection reference a complete set of the ILO-U/C of leaks and air direction International Classification of Radiographs • deactivation of electrical circuits, if not for Pneumoconioses, 1980. provided with ground-fault circuit inter- rupters. APPENDIX F TO § 1915.1001—WORK PRACTICES AND ENGINEERING CONTROLS FOR CLASS I Planning the Project ASBESTOS OPERATIONS NON-MANDATORY The standard requires that an exposure as- This is a non-mandatory appendix to the sessment be conducted before the asbestos asbestos standards for construction and for job is begun § 1915.1001(f)(1). Information shipyards. It describes criteria and proce- needed for that assessment, includes data re- dures for erecting and using negative pres- lating to prior similar jobs, as applied to the sure enclosures for Class I Asbestos Work, specific variables of the current job. The in- when NPEs are used as an allowable control formation needed to conduct the assessment method to comply with paragraph (g)(5) (i) of will be useful in planning the project, and in this section. Many small and variable details complying with any reporting requirements are involved in the erection of a negative under this standard, when significant pressure enclosure. OSHA and most partici- changes are being made to a control system pants in the rulemaking agreed that only the listed in the standard, [see paragraph (k) of major, more performance oriented criteria this section], as well as those of USEPA (40 should be made mandatory. These criteria CFR part 61, subpart M). Thus, although the are set out in paragraph (g) of this section. standard does not explicitly require the prep- In addition, this appendix includes these aration of a written asbestos removal plan, mandatory specifications and procedures in the usual constituents of such a plan, i.e., a its guidelines in order to make this appendix description of the enclosure, the equipment, coherent and helpful. The mandatory nature and the procedures to be used throughout the of the criteria which appear in the regu- project, must be determined before the en- latory text is not changed because they are closure can be erected. The following infor- included in this ‘‘non-mandatory’’ appendix. mation should be included in the planning of Similarly, the additional criteria and proce- the system: dures included as guidelines in the appendix, A physical description of the work area; do not become mandatory because manda- A description of the approximate amount tory criteria are also included in these com- of material to be removed; prehensive guidelines. A schedule for turning off and sealing ex- In addition, none of the criteria, both man- isting ventilation systems; datory and recommended, are meant to Personnel hygiene procedures; specify or imply the need for use of patented A description of personal protective equip- or licensed methods or equipment. Rec- ment and clothing to worn by employees; ommended specifications included in this at- A description of the local exhaust ventila- tachment should not discourage the use of tion systems to be used and how they are to creative alternatives which can be shown to be tested; reliably achieve the objectives of negative- A description of work practices to be ob- pressure enclosures. served by employees; Requirements included in this appendix, An air monitoring plan; cover general provisions to be followed in all A description of the method to be used to asbestos jobs, provisions which must be fol- transport waste material; and lowed for all Class I asbestos jobs, and provi- The location of the dump site.

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Materials and Equipment Necessary for Asbestos —See paragraphs (h) and (i) of this section Removal for appropriate respiratory protection and protective clothing. Although individual asbestos removal —See paragraph (k) of this section for re- projects vary in terms of the equipment required signs and labels. quired to accomplish the removal of the materials, some equipment and materials are Preparing the Work Area common to most asbestos removal oper- Disabling HVAC Systems: The power to ations. the heating, ventilation, and air condi- Plastic sheeting used to protect horizontal tioning systems that service the restricted surfaces, seal HVAC openings or to seal area must be deactivated and locked off. All vertical openings and ceilings should have a ducts, grills, access ports, windows and vents minimum thickness of 6 mils. Tape or other must be sealed off with two layers of plastic adhesive used to attach plastic sheeting to prevent entrainment of contaminated air. should be of sufficient adhesive strength to Operating HVAC Systems in the Restricted support the weight of the material plus all Area: If components of a HVAC system lo- stresses encountered during the entire dura- cated in the restricted area are connected to tion of the project without becoming de- a system that will service another zone dur- tached from the surface. ing the project, the portion of the duct in the Other equipment and materials which restricted area must be sealed and pressur- should be available at the beginning of each ized. Necessary precautions include caulking project are: the duct joints, covering all cracks and open- —HEPA Filtered Vacuum is essential for ings with two layers of sheeting, and pres- cleaning the work area after the asbestos has surizing the duct throughout the duration of been removed. It should have a long hose ca- the project by restricting the return air flow. pable of reaching out-of-the-way places, such The power to the fan supplying the positive as areas above ceiling tiles, behind pipes, pressure should be locked ‘‘on’’ to prevent etc. pressure loss. —Portable air ventilation systems in- Sealing Elevators: If an elevator shaft is stalled to provide the negative air pressure located in the restricted area, it should be ei- and air removal from the enclosure must be ther shut down or isolated by sealing with equipped with a HEPA filter. The number two layers of plastic sheeting. The sheeting and capacity of units required to ventilate should provide enough slack to accommodate the pressure changes in the shaft with- an enclosure depend on the size of the area out breaking the air-tight seal. to be ventilated. The filters for these sys- Removing Mobile Objects: All movable ob- tems should be designed in such a manner jects should be cleaned and removed from that they can be replaced when the air flow the work area before an enclosure is con- volume is reduced by the build-up of dust in structed unless moving the objects creates a the filtration material. Pressure monitoring hazard. Mobile objects will be assumed to be devices with alarms and strip chart recorders contaminated and should be either cleaned attached to each system to indicate the pres- with amended water and a HEPA vacuum sure differential and the loss due to dust and then removed from the area or wrapped buildup on the filter are recommended. and then disposed of as hazardous waste. —Water sprayers should be used to keep the Cleaning and Sealing Surfaces: After asbestos material as saturated as possible cleaning with water and a HEPA vacuum, during removal; the sprayers will provide a surfaces of stationary objects should be cov- fine mist that minimizes the impact of the ered with two layers of plastic sheeting. The spray on the material. sheeting should be secured with duct tape or —Water used to saturate the asbestos con- an equivalent method to provide a tight seal taining material can be amended by adding around the object. at least 15 milliliters (1⁄4 ounce) of wetting Bagging Waste: In addition to the require- agent in 1 liter (1 pint) of water. An exam- ment for immediate bagging of waste for dis- ple of a wetting agent is a 50/50 mixture of posal, it is further recommended that the polyoxyethylene ether and waste material be double-bagged and sealed polyoxyethylene polyglycol ester. in plastic bags designed for asbestos disposal. —Backup power supplies are recommended, The bags should be stored in a waste storage especially for ventilation systems. area that can be controlled by the workers —Shower and bath water should be with conducting the removal. Filters removed mixed hot and cold water faucets. Water from air handling units and rubbish removed that has been used to clean personnel or from the area are to be bagged and handled equipment should either be filtered or be as hazardous waste. collected and discarded as asbestos waste. Constructing the Enclosure Soap and shampoo should be provided to aid in removing dust from the workers’ The enclosure should be constructed to skin and hair. provide an air-tight seal around ducts and

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openings into existing ventilation systems and power cables from powered air-purifying and around penetrations for electrical con- respirators (PAPRs) will be disconnected duits, telephone wires, water lines, drain just prior to entering the shower room. pipes, etc. Enclosures should be both airtight and watertight except for those openings de- Establishing Negative Pressure Within the signed to provide entry and/or air flow con- Enclosure trol. Negative Pressure: Air is to be drawn into Size: An enclosure should be the minimum the enclosure under all anticipated condi- volume to encompass all of the working sur- tions and exhausted through a HEPA filter faces yet allow unencumbered movement by for 24 hours a day during the entire duration the worker(s), provide unrestricted air flow of the project. past the worker(s), and ensure walking sur- Air Flow Tests: Air flow patterns will be faces can be kept free of tripping hazards. checked before removal operations begin, at Shape: The enclosure may be any shape least once per operating shift and any time that optimizes the flow of ventilation air there is a question regarding the integrity of past the worker(s). the enclosure. The primary test for air flow Structural Integrity: The walls, ceilings and floors must be supported in such a man- is to trace air currents with smoke tubes or ner that portions of the enclosure will not other visual methods. Flow checks are made fall down during normal use. at each opening and at each doorway to dem- Openings: It is not necessary that the onstrate that air is being drawn into the en- structure be airtight; openings may be de- closure and at each worker’s position to signed to direct air flow. Such openings show that air is being drawn away from the should be located at a distance from active breathing zone. removal operations. They should be designed Monitoring Pressure Within the Enclosure: to draw air into the enclosure under all an- After the initial air flow patterns have been ticipated circumstances. In the event that checked, the static pressure must be mon- negative pressure is lost, they should be itored within the enclosure. Monitoring may fitted with either HEPA filters to trap dust be made using manometers, pressure gauges, or automatic trap doors that prevent dust or combinations of these devices. It is rec- from escaping the enclosure. Openings for ommended that they be attached to alarms exits should be controlled by an airlock or a and strip chart recorders at points identified vestibule. by the design engineer. Barrier Supports: Frames should be con- Corrective Actions: If the manometers or structed to support all unsupported spans of pressure gauges demonstrate a reduction in sheeting. pressure differential below the required Sheeting: Walls, barriers, ceilings, and level, work should cease and the reason for floors should be lined with two layers of the change investigated and appropriate plastic sheeting having a thickness of at changes made. The air flow patterns should least 6 mil. be retested before work begins again. Seams: Seams in the sheeting material Pressure Differential: The design param- should be minimized to reduce the possibili- eters for static pressure differentials be- ties of accidental rips and tears in the adhe- tween the inside and outside of enclosures sive or connections. All seams in the sheet- typically range from 0.02 to 0.10 inches of ing should overlap, be staggered and not be water gauge, depending on conditions. All located at corners or wall-to- floor joints. zones inside the enclosure must have less Areas Within an Enclosure: Each enclosure pressure than the ambient pressure outside consists of a work area, a decontamination of the enclosure (–0.02 inches water gauge area, and waste storage area. The work area differential). Design specifications for the where the asbestos removal operations occur differential vary according to the size, con- should be separated from both the waste figuration, and shape of the enclosure as well storage area and the contamination control as ambient and mechanical air pressure con- area by physical curtains, doors, and/or air- ditions around the enclosure. flow patterns that force any airborne con- Air Flow Patterns: The flow of air past tamination back into the work area. each worker shall be enhanced by posi- See paragraph (j) of § 1915.1001 for require- tioning the intakes and exhaust ports to re- ments for hygiene facilities. move contaminated air from the worker’s During egress from the work area, each breathing zone, by positioning HEPA vacu- worker should step into the equipment room, um cleaners to draw air from the worker’s clean tools and equipment, and remove gross breathing zone, by forcing relatively contamination from clothing by wet clean- uncontaminated air past the worker toward ing and HEPA vacuuming. Before entering an exhaust port, or by using a combination the shower area, foot coverings, head cov- of methods to reduce the worker’s exposure. erings, hand coverings, and coveralls are re- Air Handling Unit Exhaust: The exhaust moved and placed in impervious bags for dis- plume from air handling units should be lo- posal or cleaning. Airline connections from cated away from adjacent personnel and in- airline respirators with HEPA disconnects takes for HVAC systems.

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Air Flow Volume: The air flow volume after removal; the material must remain (cubic meters per minute) exhausted (re- saturated until the waste container is sealed. moved) from the workplace must exceed the Waste material with sharp points or cor- amount of makeup air supplied to the enclo- ners must be placed in hard air-tight con- sure. The rate of air exhausted from the en- tainers rather than bags. closure should be designed to maintain a Whenever possible, large components negative pressure in the enclosure and air should be sealed in plastic sheeting and re- movement past each worker. The volume of moved intact. air flow removed from the enclosure should Bags or containers of waste will be moved replace the volume of the container at every to the waste holding area, washed, and 5 to 15 minutes. Air flow volume will need to wrapped in a bag with the appropriate labels. be relatively high for large enclosures, enclosures with awkward shapes, enclosures with Cleaning the Work Area multiple openings, and operations employing Surfaces within the work area should be several workers in the enclosure. kept free of visible dust and debris to the ex- Air Flow Velocity: At each opening, the air tent feasible. Whenever visible dust appears flow velocity must visibly ‘‘drag’’ air into on surfaces, the surfaces within the enclo- the enclosure. The velocity of air flow within sure must be cleaned by wiping with a wet the enclosure must be adequate to remove sponge, brush, or cloth and then vacuumed airborne contamination from each worker’s with a HEPA vacuum. breathing zone without disturbing the asbes- All surfaces within the enclosure should be tos-containing material on surfaces. cleaned before the exhaust ventilation sys- Airlocks: Airlocks are mechanisms on tem is deactivated and the enclosure is dis- doors and curtains that control the air flow assembled. An approved encapsulant may be patterns in the doorways. If air flow occurs, sprayed onto areas after the visible dust has the patterns through doorways must be such been removed. that the air flows toward the inside of the enclosure. Sometimes vestibules, double APPENDIX G TO § 1915.1001 [RESERVED] doors, or double curtains are used to prevent APPENDIX H TO § 1915.1001—SUBSTANCE TECH- air movement through the doorways. To use NICAL INFORMATION FOR ASBESTOS. NON- a vestibule, a worker enters a chamber by MANDATORY opening the door or curtain and then closing the entry before opening the exit door or I. Substance Identification curtain. A. Substance: ‘‘Asbestos’’ is the name of a Airlocks should be located between the class of magnesium-silicate minerals that equipment room and shower room, between occur in fibrous form. Minerals that are in- the shower room and the clean room, and be- cluded in this group are chrysotile, crocid- tween the waste storage area and the outside olite, amosite, anthophyllite asbestos, of the enclosure. The air flow between adja- tremolite asbestos, and actinolite asbestos. cent rooms must be checked using smoke B. Asbestos is and was used in the manu- tubes or other visual tests to ensure the flow facture of heat-resistant clothing, auto- patterns draw air toward the work area with- motive brake and clutch linings, and a vari- out producing eddies. ety of building materials including floor Monitoring for Airborne Concentrations tiles, roofing felts, ceiling tiles, asbestos-cement pipe and sheet, and fire-resistant In addition to the breathing zone samples drywall. Asbestos is also present in pipe and taken as outlined in paragraph (f) of boiler insulation materials and in sprayed-on § 1915.1001 , samples of air should be taken to materials located on beams, in crawlspaces, demonstrate the integrity of the enclosure, and between walls. the cleanliness of the clean room and shower C. The potential for an asbestos-containing area, and the effectiveness of the HEPA fil- product to release breathable fibers depends ter. If the clean room is shown to be con- largely on its degree of friability. Friable taminated, the room must be relocated to an means that the material can be crumbled uncontaminated area. with hand pressure and is therefore likely to Samples taken near the exhaust of port- emit fibers. The fibrous fluffy sprayed-on able ventilation systems must be done with materials used for fireproofing, insulation, care. or sound proofing are considered to be friable, and they readily release airborne fibers General Work Practices if disturbed. Materials such as vinyl-asbestos Preventing dust dispersion is the primary floor tile or roofing felt are considered non- means of controlling the spread of asbestos friable if intact and generally do not emit within the enclosure. Whenever practical, airborne fibers unless subjected to sanding, the point of removal should be isolated, en- sawing and other aggressive operations. As- closed, covered, or shielded from the workers bestos—cement pipe or sheet can emit air- in the area. Waste asbestos containing mate- borne fibers if the materials are cut or rials must be bagged during or immediately sawed, or if they are broken.

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D. Permissible exposure: Exposure to air- B. Empty shipping bags can be flattened borne asbestos fibers may not exceed 0.1 fi- under exhaust hoods and packed into air- bers per cubic centimeter of air (0.1 f/cc) tight containers for disposal. Empty ship- averaged over the 8-hour workday, and 1 ping drums are difficult to clean and should fiber per cubic centimeter of air (1.0 f/cc) be sealed. averaged over a 30 minute work period. C. Vacuum bags or disposable paper filters II. Health Hazard Data should not be cleaned, but should be sprayed with a fine water mist and placed into a la- A. Asbestos can cause disabling respiratory beled waste container. disease and various types of cancers if the fi- D. Process waste and housekeeping waste bers are inhaled. Inhaling or ingesting fibers should be wetted with water or a mixture of from contaminated clothing or skin can also water and surfactant prior to packaging in result in these diseases. The symptoms of disposable containers. these diseases generally do not appear for 20 or more years after initial exposure. E. Asbestos-containing material that is re- B. Exposure to asbestos has been shown to moved from buildings must be disposed of in cause lung cancer, mesothelioma, and cancer leak-tight 6-mil plastic bags, plastic-lined of the stomach and colon. Mesothelioma is a cardboard containers, or plastic-lined metal rare cancer of the thin membrane lining of containers. These wastes, which are removed the chest and abdomen. Symptoms of meso- while wet, should be sealed in containers be- thelioma include shortness of breath, pain in fore they dry out to minimize the release of the walls of the chest, and/or abdominal asbestos fibers during handling. pain. V. Access to Information III. Respirators and Protective Clothing A. Each year, your employer is required to A. Respirators: You are required to wear a inform you of the information contained in respirator when performing tasks that result this standard and appendices for asbestos. In in asbestos exposure that exceeds the per- addition, your employer must instruct you missible exposure limit (PEL) of 0.1 f/cc and in the proper work practices for handling as- when performing certain designated oper- bestos-containing materials, and the correct ations. Air-purifying respirators equipped use of protective equipment. with a high-efficiency particulate air (HEPA) filter can be used where airborne as- B. Your employer is required to determine bestos fiber concentrations do not exceed 1.0 whether you are being exposed to asbestos. f/cc; otherwise, more protective respirators Your employer must treat exposure to ther- such as air-supplied, positive-pressure, full mal system insulation and sprayed-on and facepiece respirators must be used. Dispos- troweled-on surfacing material as asbestos able respirators or dust masks are not per- exposure, unless results of laboratory anal- mitted to be used for asbestos work. For ef- ysis show that the material does not contain fective protection, respirators must fit your asbestos. You or your representative has the face and head snugly. Your employer is re- right to observe employee measurements and quired to conduct a fit test when you are to record the results obtained. Your em- first assigned a respirator and every 6 ployer is required to inform you of your ex- months thereafter. Respirators should not be posure, and, if you are exposed above the per- loosened or removed in work situations missible exposure limit, he or she is required where their use is required. to inform you of the actions that are being B. Protective Clothing: You are required to taken to reduce your exposure to within the wear protective clothing in work areas where permissible limit. asbestos fiber concentrations exceed the per- C. Your employer is required to keep missible exposure limit (PEL) of 0.1 f/cc. records of your exposures and medical ex- IV. Disposal Procedures and Clean-up aminations. These exposure records must be kept for at least thirty (30) years. Medical A. Wastes that are generated by processes records must be kept for the period of your where asbestos is present include: employment plus thirty (30) years. 1. Empty asbestos shipping containers. D. Your employer is required to release 2. Process wastes such as cuttings, trim- your exposure and medical records to your mings, or reject materials. physician or designated representative upon 3. Housekeeping waste from wet-sweeping your written request. or HEPA-vacuuming. 4. Asbestos fireproofing or insulating mate- APPENDIX I TO § 1915.1001—MEDICAL SURVEIL- rial that is removed from buildings. LANCE GUIDELINES FOR ASBESTOS, NON- 5. Asbestos-containing building products MANDATORY removed during building renovation or demolition. I. Route of Entry 6. Contaminated disposable protective clothing. Inhalation, ingestion.

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II. Toxicology this appears to be a highly individualized characteristic. In severe cases, death may be Clinical evidence of the adverse effects as- caused by respiratory or cardiac failure. sociated with exposure to asbestos is present in the form of several well- conducted epide- IV. Surveillance and Preventive Considerations miological studies of occupationally exposed workers, family contacts of workers, and As noted above, exposure to asbestos have persons living near asbestos mines. These been linked to an increased risk of lung can- studies have shown a definite association be- cer, mesothelioma, gastrointestinal cancer, tween exposure to asbestos and an increased and asbestosis among occupationally ex- incidence of lung cancer, pleural and peri- posed workers. Adequate screening tests to toneal mesothelioma, gastrointestinal can- determine an employee’s potential for devel- cer, and asbestosis. The latter is a disabling oping serious chronic diseases, such as a can- fibrotic lung disease that is caused only by cer, from exposure to asbestos do not pres- exposure to asbestos. Exposure to asbestos ently exist. However, some tests, particu- has also been associated with an increased larly chest X-rays and pulmonary function incidence of esophageal, kidney, laryngeal, tests, may indicate that an employee has pharyngeal, and buccal cavity cancers. As been overexposed to asbestos increasing his with other known chronic occupational dis- or her risk of developing exposure related eases, disease associated with asbestos gen- chronic diseases. It is important for the phy- erally appears about 20 years following the sician to become familiar with the operating first occurrence of exposure: There are no conditions in which occupational exposure to known acute effects associated with expo- asbestos is likely to occur. This is particu- sure to asbestos. larly important in evaluating medical and Epidemiological studies indicate that the work histories and in conducting physical risk of lung cancer among exposed workers examinations. When an active employee has who smoke cigarettes is greatly increased been identified as having been overexposed over the risk of lung cancer among non-ex- to asbestos measures taken by the employer posed smokers or exposed nonsmokers. These to eliminate or mitigate further exposure studies suggest that cessation of smoking should also lower the risk of serious long- will reduce the risk of lung cancer for a per- term consequences. son exposed to asbestos but will not reduce it The employer is required to institute a to the same level of risk as that existing for medical surveillance program for all employ- an exposed worker who has never smoked. ees who are or will be exposed to asbestos at or above the permissible exposure limits (0.1 III. Signs and Symptoms of Exposure Related fiber per cubic centimeter of air) for 30 or Disease more days per year and for all employees who are assigned to wear a negative-pressure The signs and symptoms of lung cancer or respirator. All examinations and procedures gastrointestinal cancer induced by exposure must be performed by or under the super- to asbestos are not unique, except that a vision of licensed physician at a reasonable chest X-ray of an exposed patient with lung time and place, and at no cost to the em- cancer may show pleural plaques, pleural ployee. calcification, or pleural fibrosis. Symptoms Although broad latitude is given to the characteristic of mesothelioma include physician in prescribing specific tests to be shortness of breath, pain in the walls of the included in the medical surveillance pro- chest, or abdominal pain. Mesothelioma has gram, OSHA requires inclusion of the fol- a much longer latency period compared with lowing elements in the routine examination, lung cancer (40 years versus 15–20 years), and (i) Medical and work histories with special mesothelioma is therefore more likely to be emphasis directed to symptoms of the res- found among workers who were first exposed piratory system, cardiovascular system, and to asbestos at an early age. Mesothelioma is digestive tract. always fatal. (ii) Completion of the respiratory disease Asbestosis is pulmonary fibrosis caused by questionnaire contained in appendix D to the accumulation of asbestos fibers in the this section. lungs. Symptoms include shortness of (iii) A physical examination including a breath, coughing, fatigue, and vague feelings chest roentgenogram and pulmonary func- of sickness. When the fibrosis worsens, short- tion test that include measurement of the ness of breath occurs even at rest. The diag- employee’s forced vital capacity (FYC) and nosis of asbestosis is based on a history of forced expiratory volume at one second exposure to asbestos, the presence of charac- (FEV1). teristics radiologic changes, end-inspiratory (iv) Any laboratory or other test that the crackles (rales), and other clinical features examining physician deems by sound med- of fibrosing lung disease. Pleural plaques and ical practice to be necessary. thickening are observed on X-rays taken The employer is required to make the pre- during the early sates of the disease. Asbes- scribed tests available at least annually to tosis is often a progressive disease even in those employees covered; more often than the absence of continued exposure, although specified if recommended by the examining

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physician; and upon termination of employ- bers (physicians, scientists, and laypersons) ment. in 55 state and regional groups. AHA pro- The employer is required to provide the duces a variety of publications and audio- physician with the following information: A visual materials about the effects of smok- copy of this standard and appendices; a de- ing on the heart. AHA also has developed a scription of the employee’s duties as they re- guidebook for incorporating a weight-control late to asbestos exposure; the employee’s component into smoking cessation pro- representative level of exposure to asbestos; grams. a description of any personal protective and 4. American Lung Association, 1740 Broad- respiratory equipment used; and information way, New York, New York 10019, (212) 245– from previous medical examinations of the 8000. affected employee that is not otherwise A voluntary organization of 7,500 members available to the physician. Making this in- (physicians, nurses, and laypersons), the formation available to the physician will aid American Lung Association (ALA) conducted in the evaluation of the employee’s health in numerous public information programs relation to assigned duties and fitness to about the health effects of smoking. ALA wear personal protective equipment, if re- has 59 state and 85 local units. The organiza- quired. tion actively supports legislation and infor- The employer is required to obtain a writ- mation campaigns for non-smokers’ rights ten opinion from the examining physician and provides help for smokers who want to containing the results of the medical exam- quit, for example, through ‘‘Freedom From ination; the physician’s opinion as to wheth- Smoking,’’ a self-help smoking cessation er the employee has any detected medical program. conditions that would place the employee at 5. Office on Smoking and Health, U.S. De- an increased risk of exposure-related disease; partment of Health and Human Services 5600 any recommended limitations on the em- Fishers Lane, Park Building, Room 110, ployee or on the use of personal protective Rockville, Maryland 20857. equipment; and a statement that the em- The Office on Smoking and Health (OSHA) ployee has been informed by the physician of is the Department of Health and Human the results of the medical examination and Services’ lead agency in smoking control. of any medical conditions related to asbestos OSHA has sponsored distribution of publica- exposure that require further explanation or tions on smoking-related topics, such as free treatment. This written opinion must not re- flyers on relapse after initial quitting, help- veal specific findings or diagnoses unrelated ing a friend or family member quit smoking, to exposure to asbestos, and a copy of the the health hazards of smoking, and the ef- opinion must be provided to the affected em- fects of parental smoking on teenagers. ployee. *In Hawaii, on Oahu call 524–1234 (call collect from neighboring islands), APPENDIX J TO § 1915.1001—SMOKING CES- Spanish-speaking staff members are avail- SATION PROGRAM INFORMATION FOR ASBES- able during daytime hours to callers from TOS—NON-MANDATORY the following areas: California, Florida, The following organizations provide smok- Georgia, Illinois, New Jersey (area code 201), ing cessation information. New York, and Texas. Consult your local 1. The National Cancer Institute operates a telephone directory for listings of local chap- toll-free Cancer Information Service (CIS) ters. with trained personnel to help you. Call 1– 800–4–CANCER* to reach the CIS office serv- APPENDIX K TO § 1915.1001—POLARIZED LIGHT ing your area, or write: Office of Cancer MICROSCOPY OF ASBESTOS—NON-MANDATORY Communications, National Cancer Institute, Method number: ID–191 National Institutes of Health, Building 31, Matrix: Bulk Room 10A24, Bethesda, Maryland 20892. 2. American Cancer Society, 3340 Peachtree Collection Procedure Road, N.E., Atlanta, Georgia 30026, (404) 320– 3333. Collect approximately 1 to 2 grams of each The American Cancer Society (ACS) is a type of material and place into separate 20 voluntary organization composed of 58 divi- mL scintillation vials. sions and 3,100 local units. Through ‘‘The Analytical Procedure Great American Smokeout’’ in November, the annual Cancer Crusade in April, and nu- A portion of each separate phase is ana- merous educational materials, ACS helps lyzed by gross examination, phase-polar ex- people learn about the health hazards of amination, and central stop dispersion mi- smoking and become successful ex-smokers. croscopy. 3. American Heart Association, 7320 Green- Commercial manufacturers and products ville Avenue, Dallas, Texas 75231, (214) 750– mentioned in this method are for descriptive 5300. use only and do not constitute endorsements The American Heart Association (AHA) is by USDOL-OSHA. Similar products from a voluntary organization with 130,000 mem- other sources may be substituted.

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1. Introduction Phase Contrast: Contrast obtained in the microscope by causing light scattered by This method describes the collection and small particles to destructively interfere analysis of asbestos bulk materials by light with unscattered light, thereby enhancing microscopy techniques including phase- the visibility of very small particles and par- polar illumination and central-stop disper- ticles with very low intrinsic contrast. sion microscopy. Some terms unique to as- Phase Contrast Microscope: A microscope bestos analysis are defined below: configured with a phase mask pair to create A family of minerals whose Amphibole: phase contrast. The technique which uses crystals are formed by long, thin units which this is called Phase Contrast Microscopy have two thin ribbons of double chain sili- (PCM). cate with a brucite ribbon in between. The Phase-Polar Analysis: This is the use of po- shape of each unit is similar to an ‘‘I beam’’. larized light in a phase contrast microscope. Minerals important in asbestos analysis in- It is used to see the same size fibers that are clude cummingtonite-grunerite, crocidolite, visible in air filter analysis. Although fibers tremolite- actinolite and anthophyllite. finer than 1 μm are visible, analysis of these Asbestos: A term for naturally occurring fi- is inferred from analysis of larger bundles brous minerals. Asbestos includes chrysotile, that are usually present. cummingtonite-grunerite asbestos (amosite), Phase-Polar Microscope: The phase-polar anthophyllite asbestos, tremolite asbestos, microscope is a phase contrast microscope crocidolite, actinolite asbestos and any of which has an analyzer, a polarizer, a first these minerals which have been chemically order red plate and a rotating phase con- treated or altered. The precise chemical for- denser all in place so that the polarized light mulation of each species varies with the lo- image is enhanced by phase contrast. cation from which it was mined. Nominal Sealing Encapsulant: This is a product compositions are listed: which can be applied, preferably by spraying, Chrysotile ...... Mg3 Si2 O5(OH)4 onto an asbestos surface which will seal the Crocidolite Na2Fe32 + Fe23 + Si8O22(OH)2 surface so that fibers cannot be released. (Riebeckite Serpentine: A mineral family consisting of asbestos). minerals with the general composition Cummingtoni- (Mg,Fe)7 Si8O22(OH)2 te-Grunerite Mg3(Si2O5(OH)4 having the magnesium in asbestos brucite layer over a silicate layer. Minerals (Amosite). important in asbestos analysis included in Tremolite-Ac- Ca2(Mg,Fe)5Si8O22(OH)2 this family are chrysotile, lizardite, tinolite as- antigorite. bestos. Anthophyllite (Mg,Fe)7 Si8O22(OH)2 1.1. History asbestos. Light microscopy has been used for well Asbestos Fiber: A fiber of asbestos meeting over 100 years for the determination of min- the criteria for a fiber. (See section 3.5.) eral species. This analysis is carried out Aspect Ratio: The ratio of the length of a using specialized polarizing microscopes as fiber to its diameter usually defined as well as bright field microscopes. The identi- ‘‘length : width’’, e.g. 3:1. fication of minerals is an on-going process Brucite: A sheet mineral with the composi- with many new minerals described each tion Mg(OH)2. year. The first recorded use of asbestos was Central Stop Dispersion Staining (microscope): in Finland about 2500 B.C. where the mate- This is a dark field microscope technique rial was used in the mud wattle for the wood- that images particles using only light re- en huts the people lived in as well as fracted by the particle, excluding light that strengthening for pottery. Adverse health as- travels through the particle unrefracted. pects of the mineral were noted nearly 2000 This is usually accomplished with a McCrone years ago when Pliny the Younger wrote objective or other arrangement which places about the poor health of slaves in the asbes- a circular stop with apparent aperture equal tos mines. Although known to be injurious to the objective aperture in the back focal for centuries, the first modern references to plane of the microscope. its toxicity were by the British Labor Cleavage Fragments: Mineral particles Inspectorate when it banned asbestos dust formed by the comminution of minerals, es- from the workplace in 1898. Asbestosis cases pecially those characterized by relatively were described in the literature after the parallel sides and moderate aspect ratio. turn of the century. Cancer was first sus- Differential Counting: The term applied to pected in the mid 1930’s and a causal link to the practice of excluding certain kinds of fi- mesothelioma was made in 1965. Because of bers from a phase contrast asbestos count the public concern for worker and public because they are not asbestos. safety with the use of this material, several Fiber: A particle longer than or equal to 5 different types of analysis were applied to μm with a length to width ratio greater than the determination of asbestos content. Light or equal to 3:1. This may include cleavage microscopy requires a great deal of experi- fragments. (see section 3.5 of this appendix). ence and craft. Attempts were made to apply

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less subjective methods to the analysis. X- properties that have been identified and cat- ray diffraction was partially successful in aloged. These six minerals are anisotropic. determining the mineral types but was un- They have a regular array of atoms, but the able to separate out the fibrous portions arrangement is not the same in all direc- from the non-fibrous portions. Also, the min- tions. Each major direction of the crystal imum detection limit for asbestos analysis presents a different regularity. Light pho- by X-ray diffraction (XRD) is about 1%. Dif- tons travelling in each of these main direc- ferential Thermal Analysis (DTA) was no tions will encounter different electrical more successful. These provide useful cor- neighborhoods, affecting the path and time roborating information when the presence of of travel. The techniques outlined in this asbestos has been shown by microscopy; method use the fact that light traveling however, neither can determine the dif- through fibers or crystals in different direc- ference between fibrous and non-fibrous min- tions will behave differently, but predict- erals when both habits are present. The same ably. The behavior of the light as it travels is true of Infrared Absorption (IR). through a crystal can be measured and com- When electron microscopy was applied to pared with known or determined values to asbestos analysis, hundreds of fibers were identify the mineral species. Usually, Polar- discovered present too small to be visible in ized Light Microscopy (PLM) is performed any light microscope. There are two dif- with strain-free objectives on a bright-field ferent types of electron microscope used for microscope platform. This would limit the asbestos analysis: Scanning Electron Micro- resolution of the microscope to about 0.4 μm. scope (SEM) and Transmission Electron Mi- Because OSHA requires the counting and croscope (TEM). Scanning Electron Micros- identification of fibers visible in phase con- copy is useful in identifying minerals. The trast, the phase contrast platform is used to SEM can provide two of the three pieces of visualize the fibers with the polarizing ele- information required to identify fibers by electron microscopy: morphology and chem- ments added into the light path. Polarized istry. The third is structure as determined light methods cannot identify fibers finer μ by Selected Area Electron Diffraction— than about 1 m in diameter even though SAED which is performed in the TEM. Al- they are visible. The finest fibers are usually though the resolution of the SEM is suffi- identified by inference from the presence of cient for very fine fibers to be seen, accuracy larger, identifiable fiber bundles. When fibers of chemical analysis that can be performed are present, but not identifiable by light mi- on the fibers varies with fiber diameter in fi- croscopy, use either SEM or TEM to deter- bers of less than 0.2 μm diameter. The TEM mine the fiber identity. is a powerful tool to identify fibers too small to be resolved by light microscopy and 1.3. Advantages and Disadvantages should be used in conjunction with this The advantages of light microcopy are: method when necessary. The TEM can pro- (a) Basic identification of the materials vide all three pieces of information required was first performed by light microscopy and for fiber identification. Most fibers thicker gross analysis. This provides a large base of μ than 1 m can adequately be defined in the published information against which to light microscope. The light microscope re- check analysis and analytical technique. mains as the best instrument for the deter- (b) The analysis is specific to fibers. The mination of mineral type. This is because minerals present can exist in asbestiform, fi- the minerals under investigation were first described analytically with the light micro- brous, prismatic, or massive varieties all at scope. It is inexpensive and gives positive the same time. Therefore, bulk methods of identification for most samples analyzed. analysis such as X-ray diffraction, IR anal- Further, when optical techniques are inad- ysis, DTA, etc. are inappropriate where the equate, there is ample indication that alter- material is not known to be fibrous. native techniques should be used for com- (c) The analysis is quick, requires little plete identification of the sample. preparation time, and can be performed on- site if a suitably equipped microscope is 1.2. Principle available. Minerals consist of atoms that may be ar- The disadvantages are: ranged in random order or in a regular ar- (a) Even using phase-polar illumination, rangement. Amorphous materials have not all the fibers present may be seen. This atoms in random order while crystalline ma- is a problem for very low asbestos concentra- terials have long range order. Many mate- tions where agglomerations or large bundles rials are transparent to light, at least for of fibers may not be present to allow identi- small particles or for thin sections. The fication by inference. properties of these materials can be inves- (b) The method requires a great degree of tigated by the effect that the material has sophistication on the part of the on light passing through it. The six asbestos microscopist. An analyst is only as useful as minerals are all crystalline with particular his mental catalog of images. Therefore, a

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microscopist’s accuracy is enhanced by expe- interferences in workplaces. The techniques rience. The mineralogical training of the an- described in this method are normally suffi- alyst is very important. It is the basis on cient to eliminate the interferences. An ana- which subjective decisions are made. lyst’s success in eliminating the inter- (c) The method uses only a tiny amount of ferences depends on proper training. material for analysis. This may lead to sam- Asbestos minerals belong to two mineral pling bias and false results (high or low). families: the serpentines and the amphiboles. This is especially true if the sample is se- In the serpentine family, the only common verely inhomogeneous. fibrous mineral is chrysotile. Occasionally, (d) Fibers may be bound in a matrix and the mineral antigorite occurs in a fibril not distinguishable as fibers so identifica- habit with morphology similar to the tion cannot be made. amphiboles. The amphibole minerals consist of a score of different minerals of which only 1.4. Method Performance five are regulated by federal standard: 1.4.1. This method can be used for deter- amosite, crocidolite, anthophyllite asbestos, mination of asbestos content from 0 to 100% tremolite asbestos and actinolite asbestos. asbestos. The detection limit has not been These are the only amphibole minerals that adequately determined, although for selected have been commercially exploited for their samples, the limit is very low, depending on fibrous properties; however, the rest can and the number of particles examined. For most- do occur occasionally in asbestiform habit. In addition to the related mineral inter- ly homogeneous, finely divided samples, with ferences, other minerals common in building no difficult fibrous interferences, the detec- material may present a problem for some tion limit is below 1%. For inhomogeneous microscopists: gypsum, anhydrite, brucite, samples (most samples), the detection limit quartz fibers, talc fibers or ribbons, wollas- remains undefined. NIST has conducted pro- tonite, perlite, attapulgite, etc. Other fi- ficiency testing of laboratories on a national brous materials commonly present in work- scale. Although each round is reported sta- places are: fiberglass, mineral wool, ceramic tistically with an average, control limits, wool, refractory ceramic fibers, kevlar, etc., the results indicate a difficulty in es- nomex, synthetic fibers, graphite or carbon tablishing precision especially in the low fibers, cellulose (paper or wood) fibers, metal concentration range. It is suspected that fibers, etc. there is significant bias in the low range es- Matrix embedding material can sometimes pecially near 1%. EPA tried to remedy this be a negative interference. The analyst may by requiring a mandatory point counting not be able to easily extract the fibers from scheme for samples less than 10%. The point the matrix in order to use the method. counting procedure is tedious, and may in- Where possible, remove the matrix before troduce significant biases of its own. It has the analysis, taking careful note of the loss not been incorporated into this method. of weight. Some common matrix materials 1.4.2. The precision and accuracy of the are: vinyl, rubber, tar, paint, plant fiber, ce- quantitation tests performed in this method ment, and epoxy. A further negative inter- are unknown. Concentrations are easier to ference is that the asbestos fibers themselves determine in commercial products where as- may be either too small to be seen in Phase bestos was deliberately added because the contrast Microscopy (PCM) or of a very low amount is usually more than a few percent. fibrous quality, having the appearance of An analyst’s results can be ‘‘calibrated’’ plant fibers. The analyst’s ability to deal against the known amounts added by the with these materials increases with experi- manufacturer. For geological samples, the ence. degree of homogeneity affects the precision. 1.4.3. The performance of the method is an- 1.6. Uses and Occupational Exposure alyst dependent. The analyst must choose Asbestos is ubiquitous in the environment. carefully and not necessarily randomly the More than 40% of the land area of the United portions for analysis to assure that detection States is composed of minerals which may of asbestos occurs when it is present. For contain asbestos. Fortunately, the actual this reason, the analyst must have adequate formation of great amounts of asbestos is training in sample preparation, and experi- relatively rare. Nonetheless, there are loca- ence in the location and identification of as- tions in which environmental exposure can bestos in samples. This is usually accom- be severe such as in the Serpentine Hills of plished through substantial on-the-job train- California. ing as well as formal education in min- There are thousands of uses for asbestos in eralogy and microscopy. industry and the home. Asbestos abatement workers are the most current segment of the 1.5. Interferences population to have occupational exposure to Any material which is long, thin, and great amounts of asbestos. If the material is small enough to be viewed under the micro- undisturbed, there is no exposure. Exposure scope can be considered an interference for occurs when the asbestos-containing mate- asbestos. There are literally hundreds of rial is abraded or otherwise disturbed during

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maintenance operations or some other activ- 2.3. Sampling procedure ity. Approximately 95% of the asbestos in Samples of any suspect material should be place in the United States is chrysotile. taken from an inconspicuous place. Where Amosite and crocidolite make up nearly the material is to remain, seal the sampling all the difference. Tremolite and wound with an encapsulant to eliminate the anthophyllite make up a very small percent- potential for exposure from the sample site. age. Tremolite is found in extremely small Microscopy requires only a few milligrams of amounts in certain chrysotile deposits. Ac- material. The amount that will fill a 20 mL tinolite exposure is probably greatest from scintillation vial is more than adequate. Be environmental sources, but has been identi- sure to collect samples from all layers and fied in vermiculite containing, sprayed-on phases of material. If possible, make sepa- insulating materials which may have been rate samples of each different phase of the certified as asbestos-free. material. This will aid in determining the actual hazard. DO NOT USE ENVELOPES, 1.7. Physical and Chemical Properties PLASTIC OR PAPER BAGS OF ANY KIND TO COLLECT SAMPLES. The use of plastic bags The nominal chemical compositions for presents a contamination hazard to labora- the asbestos minerals were given in Section tory personnel and to other samples. When 1. Compared to cleavage fragments of the these containers are opened, a bellows effect same minerals, asbestiform fibers possess a blows fibers out of the container onto every- high tensile strength along the fiber axis. thing, including the person opening the con- They are chemically inert, non-combustible, tainer. and heat resistant. Except for chrysotile, If a cork-borer type sampler is available, they are insoluble in Hydrochloric acid push the tube through the material all the (HCl). Chrysotile is slightly soluble in HCl. way, so that all layers of material are sam- Asbestos has high electrical resistance and pled. Some samplers are intended to be dis- good sound absorbing characteristics. It can posable. These should be capped and sent to be woven into cables, fabrics or other tex- the laboratory. If a non-disposable cork tiles, or matted into papers, felts, and mats. borer is used, empty the contents into a scintillation vial and send to the laboratory. 1.8. Toxicology (This Section is for Informa- Vigorously and completely clean the cork tion Only and Should Not Be Taken as borer between samples. OSHA Policy) 2.4 Shipment Possible physiologic results of respiratory exposure to asbestos are mesothelioma of the Samples packed in glass vials must not pleura or peritoneum, interstitial fibrosis, touch or they might break in shipment. (a) Seal the samples with a sample seal asbestosis, pneumoconiosis, or respiratory over the end to guard against tampering and cancer. The possible consequences of asbes- to identify the sample. tos exposure are detailed in the NIOSH Cri- (b) Package the bulk samples in separate teria Document or in the OSHA Asbestos packages from the air samples. They may Standards 29 CFR 1910.1001 and 29 CFR cross-contaminate each other and will inval- 1926.1101 and 29 CFR 1915.1001. idate the results of the air samples. (c) Include identifying paperwork with the 2. Sampling Procedure samples, but not in contact with the sus- 2.1. Equipment for Sampling pected asbestos. (d) To maintain sample accountability, (a) Tube or cork borer sampling device ship the samples by certified mail, overnight (b) Knife express, or hand carry them to the labora- (c) 20 mL scintillation vial or similar vial tory. (d) Sealing encapsulant 3. Analysis 2.2. Safety Precautions The analysis of asbestos samples can be divided into two major parts: sample prepara- Asbestos is a known carcinogen. Take care tion and microscopy. Because of the different when sampling. While in an asbestos-con- asbestos uses that may be encountered by taining atmosphere, a properly selected and the analyst, each sample may need different fit-tested respirator should be worn. Take preparation steps. The choices are outlined samples in a manner to cause the least below. There are several different tests that amount of dust. Follow these general guide- are performed to identify the asbestos spe- lines: cies and determine the percentage. They will (a) Do not make unnecessary dust. be explained below. (b) Take only a small amount (1 to 2 g). (c) Tightly close the sample container. 3.1. Safety (d) Use encapsulant to seal the spot where (a) Do not create unnecessary dust. Handle the sample was taken, if necessary. the samples in HEPA-filter equipped hoods.

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If samples are received in bags, envelopes or Sodium Potassium Tartrate ...... 8.0 mg/liter other inappropriate container, open them Hydrochloric Acid ...... 99.2 g/liter only in a hood having a face velocity at or Sodium Tartrate...... 0.14 g/liter greater than 100 fpm. Transfer a small (q) Tetrahydrofuran (THF) amount to a scintillation vial and only han- (r) Hotplate capable of 60 °C dle the smaller amount. (s) Balance (b) Open samples in a hood, never in the (t) Hacksaw blade open lab area. (u) Ruby mortar and pestle (c) Index of refraction oils can be toxic. Take care not to get this material on the 3.3. Sample Pre-Preparation skin. Wash immediately with soap and water Sample preparation begins with pre-prepa- if this happens. (d) Samples that have been heated in the ration which may include chemical reduc- muffle furnace or the drying oven may be tion of the matrix, heating the sample to hot. Handle them with tongs until they are dryness or heating in the muffle furnace. The cool enough to handle. end result is a sample which has been re- (e) Some of the solvents used, such as THF duced to a powder that is sufficiently fine to (tetrahydrofuran), are toxic and should only fit under the cover slip. Analyze different be handled in an appropriate fume hood and phases of samples separately, e.g., tile and according to instructions given in the safety the tile mastic should be analyzed separately data sheet (SDS). as the mastic may contain asbestos while the tile may not. 3.2. Equipment (a) Wet Samples (a) Phase contrast microscope with 10x, 16x and 40x objectives, 10x wide-field eyepieces, Samples with a high water content will not G–22 Walton-Beckett graticule, Whipple give the proper dispersion colors and must be disk, polarizer, analyzer and first order red dried prior to sample mounting. Remove the or gypsum plate, 100 Watt illuminator, rotat- lid of the scintillation vial, place the bottle ing position condenser with oversize phase in the drying oven and heat at 100 °C to dry- rings, central stop dispersion objective, ness (usually about 2 h). Samples which are Kohler illumination and a rotating not submitted to the lab in glass must be re- mechanicalstage. (See figure 1). moved and placed in glass vials or aluminum (b) Stereo microscope with reflected light weighing pans before placing them in the illumination, transmitted light illumina- drying oven. tion, polarizer, analyzer and first order red or gypsum plate, and rotating stage. (b) Samples With Organic Interference— (c) Negative pressure hood for the stereo Muffle Furnace microscope These may include samples with tar as a (d) Muffle furnace capable of 600 °C matrix, vinyl asbestos tile, or any other or- (e) Drying oven capable of 50–150 °C ganic that can be reduced by heating. Re- (f) Aluminum specimen pans move the sample from the vial and weigh in (g) Tongs for handling samples in the fur- a balance to determine the weight of the sub- nace mitted portion. Place the sample in a muffle (h) High dispersion index of refraction oils furnace at 500 °C for 1 to 2 h or until all obvi- (Special for dispersion staining.) ous organic material has been removed. Re- n = 1.550 trieve, cool and weigh again to determine n = 1.585 the weight loss on ignition. This is necessary n = 1.590 to determine the asbestos content of the sub- n = 1.605 mitted sample, because the analyst will be n = 1.620 looking at a reduced sample. n = 1.670 NOTES: Heating above 600 °C will cause the n = 1.680 sample to undergo a structural change n = 1.690 which, given sufficient time, will convert the (i) A set of index of refraction oils from chrysotile to forsterite. Heating even at about n = 1.350 to n = 2.000 in n = 0.005 incre- lower temperatures for 1 to 2 h may have a ments. (Standard for Becke line analysis.) measurable effect on the optical properties (j) Glass slides with painted or frosted ends of the minerals. If the analyst is unsure of 1 × 3 inches 1mm thick, precleaned. what to expect, a sample of standard asbes- (k) Cover Slips 22 × 22 mm, #11⁄2 tos should be heated to the same tempera- (l) Paper clips or dissection needles ture for the same length of time so that it (m) Hand grinder can be examined for the proper interpreta- (n) Scalpel with both #10 and #11 blades tion. (o) 0.1 molar HCl (p) Decalcifying solution (Baxter Scientific (c) Samples With Organic Interference—THF Products) Ethylenediaminetetraacetic Acid, Vinyl asbestos tile is the most common Tetrasodium ...... 0.7 g/l material treated with this solvent, although,

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substances containing tar will sometimes the powder sample. Transfer what sticks on yield to this treatment. Select a portion of the probe to the slide. The material on the the material and then grind it up if possible. end of the probe should have a diameter of Weigh the sample and place it in a test tube. about 3 mm for a good mount. If the mate- Add sufficient THF to dissolve the organic rial is very fine, less sample may be appro- matrix. This is usually about 4 to 5 mL. Re- priate. For non-powder samples such as fiber member, THF is highly flammable. Filter the mats, forceps should be used to transfer a remaining material through a tared silver small amount of material to the slide. Stir membrane, dry and weigh to determine how the material in the medium on the slide, much is left after the solvent extraction. spreading it out and making the preparation Further process the sample to remove car- as uniform as possible. Place a cover-slip on bonate or mount directly. the preparation by gently lowering onto the slide and allowing it to fall ‘‘trapdoor’’ fash- (d) Samples With Carbonate Interference ion on the preparation to push out any bub- Carbonate material is often found on fibers bles. Press gently on the cover slip to even and sometimes must be removed in order to out the distribution of particulate on the perform dispersion microscopy. Weigh out a slide. If there is insufficient mounting oil on portion of the material and place it in a test the slide, one or two drops may be placed tube. Add a sufficient amount of 0.1 M HCl or near the edge of the coverslip on the slide. decalcifying solution in the tube to react all Capillary action will draw the necessary the carbonate as evidenced by gas formation; amount of liquid into the preparation. Re- i.e., when the gas bubbles stop, add a little move excess oil with the point of a labora- more solution. If no more gas forms, the re- tory wiper. action is complete. Filter the material out Treat at least two different areas of each through a tared silver membrane, dry and phase in this fashion. Choose representative weigh to determine the weight lost. areas of the sample. It may be useful to select particular areas or fibers for analysis. 3.4. Sample Preparation This is useful to identify asbestos in severely Samples must be prepared so that accurate inhomogeneous samples. determination can be made of the asbestos When it is determined that amphiboles type and amount present. The following may be present, repeat the above process steps are carried out in the low-flow hood (a using the appropriate high- dispersion oils low-flow hood has less than 50 fpm flow): until an identification is made or all six as- (1) If the sample has large lumps, is hard, bestos minerals have been ruled out. Note or cannot be made to lie under a cover slip, that percent determination must be done in the grain size must be reduced. Place a small the index medium 1.550 because amphiboles amount between two slides and grind the tend to disappear in their matching medi- material between them or grind a small ums. amount in a clean mortar and pestle. The 3.5. Analytical procedure choice of whether to use an alumina, ruby, or diamond mortar depends on the hardness NOTE: This method presumes some knowl- of the material. Impact damage can alter the edge of mineralogy and optical petrography. asbestos mineral if too much mechanical shock occurs. (Freezer mills can completely The analysis consists of three parts: The destroy the observable crystallinity of asbes- determination of whether there is asbestos tos and should not be used). For some sam- present, what type is present and the deter- ples, a portion of material can be shaved off mination of how much is present. The gen- with a scalpel, ground off with a hand grind- eral flow of the analysis is: er or hack saw blade. (1) Gross examination. The preparation tools should either be dis- (2) Examination under polarized light on posable or cleaned thoroughly. Use vigorous the stereo microscope. scrubbing to loosen the fibers during the (3) Examination by phase-polar illumina- washing. Rinse the implements with copious tion on the compound phase microscope. amounts of water and air-dry in a dust-free (4) Determination of species by dispersion environment. stain. Examination by Becke line analysis (2) If the sample is powder or has been re- may also be used; however, this is usually duced as in 1) above, it is ready to mount. more cumbersome for asbestos determina- Place a glass slide on a piece of optical tis- tion. sue and write the identification on the paint- (5) Difficult samples may need to be ana- ed or frosted end. Place two drops of index of lyzed by SEM or TEM, or the results from refraction medium n = 1.550 on the slide. those techniques combined with light mi- (The medium n = 1.550 is chosen because it is croscopy for a definitive identification. Iden- the matching index for chrysotile. Dip the tification of a particle as asbestos requires end of a clean paper-clip or dissecting needle that it be asbestiform. Description of par- into the droplet of refraction medium on the ticles should follow the suggestion of Camp- slide to moisten it. Then dip the probe into bell. (Figure 1)

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For the purpose of regulation, the mineral the gross appearance of wood. Fibers are eas- must be one of the six minerals covered and ily parted from it. Asbestos fibers are very must be in the asbestos growth habit. Large long compared with their widths. The fibers specimen samples of asbestos generally have

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have a very high tensile strength as dem- described above. Two preparations of the onstrated by bending without breaking. As- same phase in the same index medium can be bestos fibers exist in bundles that are easily made side-by-side on the same glass for con- parted, show longitudinal fine structure and venience. Examine with the polarizing stereo may be tufted at the ends showing ‘‘bundle microscope. Estimate the percentage of as- of sticks’’ morphology. In the microscope bestos based on the amount of birefringent some of these properties may not be observ- fiber present. able. Amphiboles do not always show stri- (3) Examine the slides on the phase-polar ations along their length even when they are microscopes at magnifications of 160 and 400 asbestos. Neither will they always show tuft- × . Note the morphology of the fibers. Long, ing. They generally do not show a curved na- thin, very straight fibers with little cur- ture except for very long fibers. Asbestos and vature are indicative of fibers from the asbestiform minerals are usually character- amphibole family. Curved, wavy fibers are ized in groups by extremely high aspect ra- usually indicative of chrysotile. Estimate tios (greater than 100:1). While aspect ratio the percentage of asbestos on the phase-polar analysis is useful for characterizing popu- microscope under conditions of crossed lations of fibers, it cannot be used to identify polars and a gypsum plate. Fibers smaller individual fibers of intermediate to short as- than 1.0 μm in thickness must be identified pect ratio. Observation of many fibers is by inference to the presence of larger, identi- often necessary to determine whether a sam- fiable fibers and morphology. If no larger fi- ple consists of ‘‘cleavage fragments’’ or of as- bers are visible, electron microscopy should bestos fibers. be performed. At this point, only a tentative Most cleavage fragments of the asbestos identification can be made. Full identifica- minerals are easily distinguishable from true tion must be made with dispersion micros- asbestos fibers. This is because true cleavage copy. Details of the tests are included in the fragments usually have larger diameters appendices. than 1 μm. Internal structure of particles (4) Once fibers have been determined to be larger than this usually shows them to have present, they must be identified. Adjust the no internal fibrillar structure. In addition, microscope for dispersion mode and observe cleavage fragments of the monoclinic the fibers. The microscope has a rotating amphiboles show inclined extinction under stage, one polarizing element, and a system crossed polars with no compensator. Asbes- for generating dark-field dispersion micros- tos fibers usually show extinction at zero de- copy (see Section 4.6. of this appendix). Align grees or ambiguous extinction if any at all. a fiber with its length parallel to the polar- Morphologically, the larger cleavage frag- izer and note the color of the Becke lines. ments are obvious by their blunt or stepped Rotate the stage to bring the fiber length ends showing prismatic habit. Also, they perpendicular to the polarizer and note the tend to be acicular rather than filiform. color. Repeat this process for every fiber or Where the particles are less than 1 μm in fiber bundle examined. The colors must be diameter and have an aspect ratio greater consistent with the colors generated by than or equal to 3:1, it is recommended that standard asbestos reference materials for a the sample be analyzed by SEM or TEM if positive identification. In n = 1.550, there is any question whether the fibers are amphiboles will generally show a yellow to cleavage fragments or asbestiform particles. straw-yellow color indicating that the fiber Care must be taken when analyzing by indices of refraction are higher than the liq- electron microscopy because the inter- uid. If long, thin fibers are noted and the col- ferences are different from those in light mi- ors are yellow, prepare further slides as croscopy and may structurally be very simi- above in the suggested matching liquids list- lar to asbestos. The classic interference is ed below: between anthophyllite and biopyribole or intermediate fiber. Use the same morpho- Type of asbestos Index of refraction logical clues for electron microscopy as are used for light microscopy, e.g. fibril split- Chrysotile ...... n = 1.550. Amosite ...... n = 1.670 or 1.680. ting, internal longitudinal striation, fraying, Crocidolite ...... n = 1.690. curvature, etc. Anthophyllite ...... n = 1.605 and 1.620. (1) Gross examination: Tremolite ...... n = 1.605 and 1.620. Examine the sample, preferably in the Actinolite ...... n = 1.620. glass vial. Determine the presence of any obvious fibrous component. Estimate a per- Where more than one liquid is suggested, centage based on previous experience and the first is preferred; however, in some cases current observation. Determine whether any this liquid will not give good dispersion pre-preparation is necessary. Determine the color. Take care to avoid interferences in the number of phases present. This step may be other liquid; e.g., wollastonite in n = 1.620 carried out or augmented by observation at will give the same colors as tremolite. In n 6 to 40 × under a stereo microscope. = 1.605 wollastonite will appear yellow in all (2) After performing any necessary pre- directions. Wollastonite may be determined preparation, prepare slides of each phase as under crossed polars as it will change from

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blue to yellow as it is rotated along its fiber Step 1. 60% remains after heating at 550 °C axis by tapping on the cover slip. Asbestos for 1 h. minerals will not change in this way. Step 2. 30% of the residue of step 1 remains Determination of the angle of extinction after dissolution of carbonate in 0.1 m HCl. may, when present, aid in the determination Step 3. Microvisual estimation determines of anthophyllite from tremolite. True asbes- that 5% of the sample is chrysotile asbestos fibers usually have 0° extinction or am- tos. biguous extinction, while cleavage fragments have more definite extinction. The reported result is: Continue analysis until both preparations R = (Microvisual result in percent) × (Frac- have been examined and all present species tion remaining after step 2) × (Fraction re- of asbestos are identified. If there are no fi- maining of original sample after step 1) bers present, or there is less than 0.1% R = (5) × (.30) × (.60) = 0.9% present, end the analysis with the minimum (8) Report the percent and type of asbestos number of slides (2). (5) Some fibers have a coating on them present. For samples where asbestos was which makes dispersion microscopy very dif- identified, but is less than 1.0%, report ‘‘As- ficult or impossible. Becke line analysis or bestos present, less than 1.0%.’’ There must electron microscopy may be performed in have been at least two observed fibers or those cases. Determine the percentage by fiber bundles in the two preparations to be light microscopy. TEM analysis tends to reported as present. For samples where as- overestimate the actual percentage present. bestos was not seen, report as ‘‘None De- (6) Percentage determination is an esti- tected.’’ mate of occluded area, tempered by gross ob- 4. Auxiliary Information servation. Gross observation information is used to make sure that the high magnifica- Because of the subjective nature of asbes- tion microscopy does not greatly over- or tos analysis, certain concepts and procedures under-estimate the amount of fiber present. need to be discussed in more depth. This in- This part of the analysis requires a great formation will help the analyst understand deal of experience. Satisfactory models for why some of the procedures are carried out asbestos content analysis have not yet been the way they are. developed, although some models based on metallurgical grain-size determination have 4.1. Light found some utility. Estimation is more easily handled in situations where the grain Light is electromagnetic energy. It travels sizes visible at about 160 × are about the from its source in packets called quanta. It same and the sample is relatively homo- is instructive to consider light as a plane geneous. wave. The light has a direction of travel. View all of the area under the cover slip to Perpendicular to this and mutually perpen- make the percentage determination. View dicular to each other, are two vector compo- the fields while moving the stage, paying at- nents. One is the magnetic vector and the tention to the clumps of material. These are other is the electric vector. We shall only be not usually the best areas to perform disper- concerned with the electric vector. In this sion microscopy because of the interference description, the interaction of the vector and from other materials. But, they are the areas the mineral will describe all the observable most likely to represent the accurate per- phenomena. From a light source such a mi- centage in the sample. Small amounts of as- croscope illuminator, light travels in all dif- bestos require slower scanning and more fre- ferent direction from the filament. quent analysis of individual fields. In any given direction away from the fila- Report the area occluded by asbestos as ment, the electric vector is perpendicular to the concentration. This estimate does not the direction of travel of a light ray. While generally take into consideration the dif- perpendicular, its orientation is random ference in density of the different species about the travel axis. If the electric vectors present in the sample. For most samples this from all the light rays were lined up by pass- is adequate. Simulation studies with similar ing the light through a filter that would only materials must be carried out to apply let light rays with electric vectors oriented microvisual estimation for that purpose and in one direction pass, the light would then be is beyond the scope of this procedure. POLARIZED. (7) Where successive concentrations have Polarized light interacts with matter in been made by chemical or physical means, the direction of the electric vector. This is the amount reported is the percentage of the the polarization direction. Using this prop- material in the ‘‘as submitted’’ or original erty it is possible to use polarized light to state. The percentage determined by micros- probe different materials and identify them copy is multiplied by the fractions remain- by how they interact with light. The speed of ing after pre-preparation steps to give the light in a vacuum is a constant at about 2.99 percentage in the original sample. For exam- × 10 8 m/s. When light travels in different ma- ple: terials such as air, water, minerals or oil, it

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does not travel at this speed. It travels slow- and is the slow direction. Crocidolite has a er. This slowing is a function of both the ma- along the fiber length making it ‘‘length- terial through which the light is traveling fast’’. The remainder of the asbestos min- and the wavelength or frequency of the light. erals have the g axis along the fiber length. In general, the more dense the material, the They are called ‘‘length-slow’’. This orienta- slower the light travels. Also, generally, the tion to fiber length is used to aid in the iden- higher the frequency, the slower the light tification of asbestos. will travel. The ratio of the speed of light in a vacuum to that in a material is called the 4.3. Polarized Light Technique index of refraction (n). It is usually meas- Polarized light microscopy as described in ured at 589 nm (the sodium D line). If white this section uses the phase-polar microscope light (light containing all the visible wave- described in Section 3.2. A phase contrast lengths) travels through a material, rays of microscope is fitted with two polarizing ele- longer wavelengths will travel faster than ments, one below and one above the sample. those of shorter wavelengths, this separation The polarizers have their polarization direc- is called dispersion. Dispersion is used as an tions at right angles to each other. Depend- identifier of materials as described in Sec- ing on the tests performed, there may be a tion 4.6. compensator between these two polarizing elements. Light emerging from a polarizing 4.2. Material Properties element has its electric vector pointing in Materials are either amorphous or crys- the polarization direction of the element. talline. The difference between these two de- The light will not be subsequently trans- scriptions depends on the positions of the mitted through a second element set at a atoms in them. The atoms in amorphous ma- right angle to the first element. Unless the terials are randomly arranged with no long light is altered as it passes from one element range order. An example of an amorphous to the other, there is no transmission of material is glass. The atoms in crystalline light. materials, on the other hand, are in regular arrays and have long range order. Most of 4.4. Angle of Extinction the atoms can be found in highly predictable Crystals which have different crystal regu- locations. Examples of crystalline material larity in two or three main directions are are salt, gold, and the asbestos minerals. said to be anisotropic. They have a different It is beyond the scope of this method to de- index of refraction in each of the main direc- scribe the different types of crystalline ma- tions. When such a crystal is inserted be- terials that can be found, or the full descrip- tween the crossed polars, the field of view is tion of the classes into which they can fall. no longer dark but shows the crystal in However, some general crystallography is color. The color depends on the properties of provided below to give a foundation to the the crystal. The light acts as if it travels procedures described. through the crystal along the optical axes. If With the exception of anthophyllite, all a crystal optical axis were lined up along one the asbestos minerals belong to the of the polarizing directions (either the polar- monoclinic crystal type. The unit cell is the izer or the analyzer) the light would appear basic repeating unit of the crystal and for to travel only in that direction, and it would monoclinic crystals can be described as hav- blink out or go dark. The difference in de- ing three unequal sides, two 90° angles and grees between the fiber direction and the one angle not equal to 90°. The orthorhombic angle at which it blinks out is called the group, of which anthophyllite is a member angle of extinction. When this angle can be has three unequal sides and three 90° angles. measured, it is useful in identifying the min- The unequal sides are a consequence of the eral. The procedure for measuring the angle complexity of fitting the different atoms of extinction is to first identify the polariza- into the unit cell. Although the atoms are in tion direction in the microscope. A commer- a regular array, that array is not symmet- cial alignment slide can be used to establish rical in all directions. There is long range the polarization directions or use order in the three major directions of the anthophyllite or another suitable mineral. crystal. However, the order is different in This mineral has a zero degree angle of ex- each of the three directions. This has the ef- tinction and will go dark to extinction as it fect that the index of refraction is different aligns with the polarization directions. When in each of the three directions. Using polar- a fiber of anthophyllite has gone to extinc- ized light, we can investigate the index of re- tion, align the eyepiece reticle or graticule fraction in each of the directions and iden- with the fiber so that there is a visual cue as tify the mineral or material under investiga- to the direction of polarization in the field of tion. The indices a, b, and g are used to iden- view. Tape or otherwise secure the eyepiece tify the lowest, middle, and highest index of in this position so it will not shift. refraction respectively. The x direction, as- After the polarization direction has been sociated with a is called the fast axis. Con- identified in the field of view, move the par- versely, the z direction is associated with g ticle of interest to the center of the field of 199

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view and align it with the polarization direc- used for this test is a gypsum plate of known tion. For fibers, align the fiber along this di- thickness and birefringence. Such a compen- rection. Note the angular reading of the ro- sator when oriented at 45° to the polarizer di- tating stage. Looking at the particle, rotate rection, provides a retardation of 530 nm of the stage until the fiber goes dark or ‘‘blinks the 530 nm wavelength color. This enhances out’’. Again note the reading of the stage. the red color and gives the background a The difference in the first reading and the characteristic red to red-magenta color. If second is an angle of extinction. this ‘‘full-wave’’ compensator is in place The angle measured may vary as the ori- when the asbestos preparation is inserted entation of the fiber changes about its long into the light train, the colors seen on the fi- axis. Tables of mineralogical data usually re- bers are quite different. Gypsum, like asbes- port the maximum angle of extinction. As- tos has a fast axis and a slow axis. When a bestos forming minerals, when they exhibit fiber is aligned with its fast axis in the same an angle of extinction, usually do show an direction as the fast axis of the gypsum angle of extinction close to the reported plate, the ray vibrating in the slow direction maximum, or as appropriate depending on is retarded by both the asbestos and the gyp- the substitution chemistry. sum. This results in a higher retardation than would be present for either of the two 4.5. Crossed Polars With Compensator minerals. The color seen is a second order When the optical axes of a crystal are not blue. When the fiber is rotated 90° using the lined up along one of the polarizing direc- rotating stage, the slow direction of the fiber tions (either the polarizer or the analyzer) is now aligned with the fast direction of the part of the light travels along one axis and gypsum and the fast direction of the fiber is part travels along the other visible axis. This aligned with the slow direction of the gyp- is characteristic of birefringent materials. sum. Thus, one ray vibrates faster in the fast The color depends on the difference of the direction of the gypsum, and slower in the two visible indices of refraction and the slow direction of the fiber; the other ray will thickness of the crystal. The maximum dif- vibrate slower in the slow direction of the ference available is the difference between gypsum and faster in the fast direction of the a and the g axes. This maximum dif- the fiber. In this case, the effect is subtrac- ference is usually tabulated as the tive and the color seen is a first order yel- birefringence of the crystal. low. As long as the fiber thickness does not For this test, align the fiber at 45° to the add appreciably to the color, the same basic polarization directions in order to maximize colors will be seen for all asbestos types ex- the contribution to each of the optical axes. cept crocidolite. In crocidolite the colors The colors seen are called retardation colors. will be weaker, may be in the opposite direc- They arise from the recombination of light tions, and will be altered by the blue absorp- which has traveled through the two separate tion color natural to crocidolite. Hundreds of directions of the crystal. One of the rays is other materials will give the same colors as retarded behind the other since the light in asbestos, and therefore, this test is not defin- that direction travels slower. On recombina- itive for asbestos. The test is useful in dis- tion, some of the colors which make up criminating against fiberglass or other white light are enhanced by constructive in- amorphous fibers such as some synthetic fi- terference and some are suppressed by de- bers. Certain synthetic fibers will show re- structive interference. The result is a color tardation colors different than asbestos; dependent on the difference between the in- however, there are some forms of poly- dices and the thickness of the crystal. The ethylene and aramid which will show mor- proper colors, thicknesses, and retardations phology and retardation colors similar to as- are shown on a Michel-Levy chart. The three bestos minerals. This test must be supple- items, retardation, thickness and mented with a positive identification test birefringence are related by the following re- when birefringent fibers are present which lationship: can not be excluded by morphology. This R = t(nγ—α) test is relatively ineffective for use on fibers R = retardation, t = crystal thickness in μm, less than 1 μm in diameter. For positive con- and firmation TEM or SEM should be used if no α,γ = indices of refraction. larger bundles or fibers are visible. Examination of the equation for asbestos 4.6. Dispersion Staining minerals reveals that the visible colors for almost all common asbestos minerals and Dispersion microscopy or dispersion stain- fiber sizes are shades of gray and black. The ing is the method of choice for the identi- eye is relatively poor at discriminating dif- fication of asbestos in bulk materials. Becke ferent shades of gray. It is very good at dis- line analysis is used by some laboratories criminating different colors. In order to and yields the same results as does disper- compensate for the low retardation, a com- sion staining for asbestos and can be used in pensator is added to the light train between lieu of dispersion staining. Dispersion stain- the polarization elements. The compensator ing is performed on the same platform as the

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phase-polar analysis with the analyzer and note the color. Both colors must be con- compensator removed. One polarizing ele- sistent with standard asbestos minerals in ment remains to define the direction of the the correct direction for a positive identi- light so that the different indices of refrac- fication of asbestos. If only one of the colors tion of the fibers may be separately deter- is correct while the other is not, the identi- mined. Dispersion microscopy is a dark-field fication is not positive. If the colors in both technique when used for asbestos. Particles directions are bluish-white, the analyst has are imaged with scattered light. Light which chosen a matching index oil which is higher is unscattered is blocked from reaching the than the correct matching oil, e.g. the ana- eye either by the back field image mask in a lyst has used n = 1.620 where chrysotile is McCrone objective or a back field image present. The next lower oil (Section 3.5.) mask in the phase condenser. The most con- should be used to prepare another specimen. venient method is to use the rotating phase If the color in both directions is yellow- condenser to move an oversized phase ring white to straw-yellow-white, this indicates into place. The ideal size for this ring is for that the index of the oil is lower than the the central disk to be just larger than the index of the fiber, e.g. the preparation is in objective entry aperture as viewed in the n = 1.550 while anthophyllite is present. Se- back focal plane. The larger the disk, the lect the next higher oil (Section 3.5.) and pre- less scattered light reaches the eye. This will pare another slide. Continue in this fashion have the effect of diminishing the intensity until a positive identification of all asbestos of dispersion color and will shift the actual species present has been made or all possible color seen. The colors seen vary even on mi- asbestos species have been ruled out by nega- croscopes from the same manufacturer. This tive results in this test. Certain plant fibers is due to the different bands of wavelength can have similar dispersion colors as asbes- exclusion by different mask sizes. The mask tos. Take care to note and evaluate the mor- may either reside in the condenser or in the phology of the fibers or remove the plant fi- objective back focal plane. It is imperative bers in pre-preparation. Coating material on that the analyst determine by experimen- the fibers such as carbonate or vinyl may de- tation with asbestos standards what the ap- stroy the dispersion color. Usually, there propriate colors should be for each asbestos will be some outcropping of fiber which will type. The colors depend also on the tempera- show the colors sufficient for identification. ture of the preparation and the exact chem- When this is not the case, treat the sample istry of the asbestos. Therefore, some slight as described in Section 3.3. and then perform differences from the standards should be al- dispersion staining. Some samples will yield lowed. This is not a serious problem for com- to Becke line analysis if they are coated or mercial asbestos uses. This technique is used electron microscopy can be used for identi- for identification of the indices of refraction fication. for fibers by recognition of color. There is no direct numerical readout of the index of re- 5. References fraction. Correlation of color to actual index 5.1. Crane, D.T., Asbestos in Air, OSHA of refraction is possible by referral to pub- method ID160, Revised November 1992. lished conversion tables. This is not nec- 5.2. Ford, W.E., Dana’s Textbook of Min- essary for the analysis of asbestos. Recogni- eralogy; Fourth Ed.; John Wiley and Son, tion of appropriate colors along with the New York, 1950, p. vii. proper morphology are deemed sufficient to 5.3. Selikoff,.I.J., Lee, D.H.K., Asbestos and identify the commercial asbestos minerals. Disease, Academic Press, New York, 1978, pp. Other techniques including SEM, TEM, and 3, 20. XRD may be required to provide additional 5.4. Women Inspectors of Factories. Annual information in order to identify other types Report for 1898, H.M. Statistical Office, Lon- of asbestos. don, p. 170 (1898). Make a preparation in the suspected 5.5. Selikoff,.I.J., Lee, D.H.K., Asbestos and matching high dispersion oil, e.g., n = 1.550 Disease, Academic Press, New York, 1978, pp. for chrysotile. Perform the preliminary tests 26, 30. to determine whether the fibers are 5.6. Campbell, W.J., et al, Selected Silicate birefringent or not. Take note of the mor- Minerals and Their Asbestiform Varieties, phological character. Wavy fibers are indic- United States Department of the Interior, ative of chrysotile while long, straight, thin, Bureau of Mines, Information Circular 8751, frayed fibers are indicative of amphibole as- 1977. bestos. This can aid in the selection of the 5.7. Asbestos, Code of Federal Regulations, appropriate matching oil. The microscope is 29 CFR 1910.1001 and 29 CFR 1926.58. set up and the polarization direction is noted 5.8. National Emission Standards for Haz- as in Section 4.4. Align a fiber with the po- ardous Air Pollutants; Asbestos NESHAP Revi- larization direction. Note the color. This is sion, FEDERAL REGISTER, Vol. 55, No. 224, 20 the color parallel to the polarizer. Then ro- November 1990, p. 48410. tate the fiber rotating the stage 90° so that 5.9. Ross, M. The Asbestos Minerals: Defini- the polarization direction is across the fiber. tions, Description, Modes of Formation, Phys- This is the perpendicular position. Again ical and Chemical Properties and Health Risk to

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the Mining Community, Nation Bureau of pair, and assembly operations. The employer Standards Special Publication, Washington, shall institute engineering controls and D.C., 1977. work practices using either the method set 5.10. Lilis, R., Fibrous Zeolites and En- forth in paragraph [A] or paragraph [B] of demic Mesothelioma in Cappadocia, Turkey, this appendix, or any other method which J. Occ Medicine, 1981, 23, (8) ,548–550. the employer can demonstrate to be equiva- 5.11. Occupational Exposure to Asbestos— lent in terms of reducing employee exposure 1972, U.S. Department of Health Education to asbestos as defined and which meets the and Welfare, Public Health Service, Center requirements described in paragraph [C] of for Disease Control, National Institute for this appendix, for those facilities in which no Occupational Safety and Health, HSM–72– more than 5 pairs of brakes or 5 clutches are 10267. inspected, disassembled, reassembled and/or 5.12. Campbell,W.J., et al, Relationship of repaired per week, the method set forth in Mineral Habit to Size Characteristics for paragraph [D] of this appendix may be used: Tremolite Fragments and Fibers, United States Department of the Interior, Bureau of Mines, [A] Negative Pressure Enclosure/HEPA Vacuum Information Circular 8367, 1979. System Method 5.13. Mefford, D., DCM Laboratory, Denver, (1) The brake and clutch inspection, dis- private communication, July 1987. assembly, repair, and assembly operations 5.14. Deer, W.A., Howie, R.A., Zussman, J., shall be enclosed to cover and contain the Rock Forming Minerals, Longman, Thetford, clutch or brake assembly and to prevent the UK, 1974. 5.15. Kerr, P.F., Optical Mineralogy; Third release of asbestos fibers into the worker’s Ed. McGraw-Hill, New York, 1959. breathing zone. 5.16. Veblen, D.R. (Ed.), Amphiboles and (2) The enclosure shall be sealed tightly Other Hydrous Pyriboles—Mineralogy, Reviews and thoroughly inspected for leaks before in Mineralogy, Vol 9A, Michigan, 1982, pp 1– work begins on brake and clutch inspection, 102. disassembly, repair, and assembly. 5.17. Dixon, W.C., Applications of Optical Mi- (3) The enclosure shall be such that the croscopy in the Analysis of Asbestos and worker can clearly see the operation and Quartz, ACS Symposium Series, No. 120, Ana- shall provide impermeable sleeves through lytical Techniques in Occupational Health which the worker can handle the brake and Chemistry, 1979. clutch inspection, disassembly, repair and 5.18. Polarized Light Microscopy, McCrone assembly. The integrity of the sleeves and Research Institute, Chicago, 1976. ports shall be examined before work begins. 5.19. Asbestos Identification, McCrone Re- (4) A HEPA-filtered vacuum shall be em- search Institute, G & G printers, Chicago, ployed to maintain the enclosure under neg- 1987. ative pressure throughout the operation. 5.20. McCrone, W.C., Calculation of Refrac- Compressed-air may be used to remove as- tive Indices from Dispersion Staining Data, bestos fibers or particles from the enclosure. The Microscope, No 37, Chicago, 1989. (5) The HEPA vacuum shall be used first to 5.21. Levadie, B. (Ed.), Asbestos and Other loosen the asbestos containing residue from Health Related Silicates, ASTM Technical the brake and clutch parts and then to evac- Publication 834, ASTM, Philadelphia 1982. uate the loosened asbestos containing mate- 5.22. Steel, E. and Wylie, A., Riordan, P.H. rial from the enclosure and capture the ma- (Ed.), Mineralogical Characteristics of As- terial in the vacuum filter. bestos, Geology of Asbestos Deposits, pp. 93–101, (6) The vacuum’s filter, when full, shall be SME-AIME, 1981. first wetted with a fine mist of water, then 5.23. Zussman, J., The Mineralogy of Asbes- removed and placed immediately in an im- tos, Asbestos: Properties, Applications and Haz- permeable container, labeled according to ards, pp. 45–67 Wiley, 1979. paragraph (k)(8) of this section and disposed of according to paragraph (l) of this section. APPENDIX L TO § 1915.1001—WORK PRACTICES (7) Any spills or releases of asbestos con- AND ENGINEERING CONTROLS FOR AUTO- taining waste material from inside of the en- MOTIVE BRAKE AND CLUTCH INSPECTION, DIS- closure or vacuum hose or vacuum filter ASSEMBLY, REPAIR AND ASSEMBLY—MANDA- shall be immediately cleaned up and dis- TORY posed of according to paragraph (l) of the This mandatory appendix specifies engi- section. neering controls and work practices that [B] Low Pressure/Wet Cleaning Method must be implemented by the employer during automotive brake and clutch inspection, (1) A catch basin shall be placed under the disassembly, repair, and assembly oper- brake assembly, positioned to avoid splashes ations. Proper use of these engineering con- and spills. trols and work practices by trained employ- (2) The reservoir shall contain water con- ees will reduce employees’ asbestos exposure taining an organic solvent or wetting agent. below the permissible exposure level during The flow of liquid shall be controlled such clutch and brake inspection, disassembly, re- that the brake assembly is gently flooded to

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prevent the asbestos-containing brake dust (2) The cloth shall be placed in an imper- from becoming airborne. meable container, labelled according to para- (3) The aqueous solution shall be allowed graph (k)(8) of this section and then disposed to flow between the brake drum and brake of according to paragraph (l) of this section, support before the drum is removed. or the cloth shall be laundered in a way to (4) After removing the brake drum, the prevent the release of asbestos fibers in ex- wheel hub and back of the brake assembly cess of 0.1 fiber per cubic centimeter of air. shall be thoroughly wetted to suppress dust. (3) Any spills of solvent or any asbestos (5) The brake support plate, brake shoes containing waste material shall be cleaned and brake components used to attach the up immediately according to paragraph (l) of brake shoes shall be thoroughly washed be- this section. fore removing the old shoes. (4) The use of dry brushing during the wet (6) In systems using filters, the filters, when full, shall be first wetted with a fine method operations is prohibited. mist of water, then removed and placed im- [59 FR 41080, Aug. 10, 1994, as amended at 60 mediately in an impermeable container, la- FR 33344, June 28, 1995; 60 FR 33987, June 29, beled according to paragraph (k)(8) of this 1995; 60 FR 36044, July 13, 1995; 60 FR 50412, section and disposed of according to para- Sept. 29, 1995; 61 FR 43457, Aug. 23, 1996; 63 FR graph (l) of this section. 35137, June 29, 1998; 67 FR 44545, 44546, July 3, (7) Any spills of asbestos-containing aque- 2002; 70 FR 1143, Jan. 5, 2005; 71 FR 16674, Apr. ous solution or any asbestos-containing 3, 2006; 71 FR 50191, Aug. 24, 2006; 73 FR 75587, waste material shall be cleaned up imme- Dec. 12, 2009; 76 FR 33610, June 8, 2011; 77 FR diately and disposed of according to para- 17888, Mar. 26, 2012; 78 FR 9315, Feb. 8, 2013] graph (l) of this section. (8) The use of dry brushing during low pres- EFFECTIVE DATE NOTES: 1. At 84 FR 21555, sure/wet cleaning operations is prohibited. May 14, 2019, § 1915.1001 was amended by revising paragraph (m)(2)(ii)(C) and appendixes [C] Equivalent Methods D and E and I, sections III and IV, effective An equivalent method is one which has suf- July 15, 2019. For the convenience of the ficient written detail so that it can be repro- user, the revised text is set forth as follows: duced and has been demonstrated that the exposures resulting from the equivalent § 1915.1001 Asbestos. method are equal to or less than the exposures which would result from the use of the * * * * * method described in paragraph [A] of this appendix. For purposes of making this com- (m) * * * parison, the employer shall assume that ex- (2) * * * posures resulting from the use of the method (ii) * * * described in paragraph [A] of this appendix (C) A physical examination directed to the shall not exceed 0.016 f/cc, as measured by pulmonary and gastrointestinal systems, in- the OSHA reference method and as averaged cluding a 14- by 17-inch or other reasonably- over at least 18 personal samples. sized standard film or digital posterior-ante- [D] Wet Method rior chest X-ray to be administered at the discretion of the physician, and pulmonary (1) A spray bottle, hose nozzle, or other im- function tests of forced vital capacity (FVC) plement capable of delivering a fine mist of and forced expiratory volume at one second water or amended water or other delivery (FEV1). Classification of all chest X-rays system capable of delivering water at low shall be conducted in accordance with appen- pressure, shall be used to first thoroughly dix E to this section. wet the brake and clutch parts. Brake and clutch components shall then be wiped clean with a cloth. * * * * *

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APPENDIX E TO § 1915.1001—CLASSIFICATION OF (b) All X-rays shall be classified only by a CHEST X-RAYS. MANDATORY B-Reader, a board eligible/certified radiologist, or an experienced physician with known (a) Chest X-rays shall be classified in ac- expertise in pneumoconioses. cordance with the Guidelines for the use of (c) Whenever classifying chest X-ray film, the ILO International Classification of the physician shall have immediately avail- Radiographs of Pneumoconioses (revised edi- able for reference a complete set of the ILO tion 2011) (incorporated by reference, see standard format radiographs provided for use § 1915.5), and recorded on a classification with the Guidelines for the use of the ILO form following the format of the CDC/NIOSH International Classification of Radiographs (M) 2.8 form. As a minimum, the content of Pneumoconioses (revised edition 2011). within the bold lines of this form (items 1 (d) Whenever classifying digitally-acquired through 4) shall be included. This form is not chest X-rays, the physician shall have imme- to be submitted to NIOSH. diately available for reference a complete set of ILO standard digital chest radiographic

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images provided for use with the Guidelines chronic diseases, such as a cancer, from ex- for the Use of the ILO International Classi- posure to asbestos do not presently exist. fication of Radiographs of Pneumoconioses However, some tests, particularly chest X- (revised edition 2011). Classification of rays and pulmonary function tests, may in- digitally-acquired chest X-rays shall be dicate that an employee has been over- based on the viewing of images displayed as exposed to asbestos increasing his or her risk electronic copies and shall not be based on of developing exposure related chronic dis- the viewing of hard copy printed trans- eases. It is important for the physician to be- parencies of images. come familiar with the operating conditions in which occupational exposure to asbestos is likely to occur. This is particularly impor- * * * * * tant in evaluating medical and work histories and in conducting physical examina- APPENDIX I TO § 1915.1001—MEDICAL SURVEIL- tions. When an active employee has been LANCE GUIDELINES FOR ASBESTOS, NON- identified as having been overexposed to as- MANDATORY bestos measures taken by the employer to eliminate or mitigate further exposure * * * * * should also lower the risk of serious long- term consequences. III. SIGNS AND SYMPTOMS OF EXPOSURE- The employer is required to institute a RELATED DISEASE medical surveillance program for all employ- The signs and symptoms of lung cancer or ees who are or will be exposed to asbestos at gastrointestinal cancer induced by exposure or above the permissible exposure limits (0.1 to asbestos are not unique, except that a fiber per cubic centimeter of air) for 30 or chest X-ray of an exposed patient with lung more days per year and for all employees cancer may show pleural plaques, pleural who are assigned to wear a negative-pressure calcification, or pleural fibrosis, and may respirator. All examinations and procedures must be performed by or under the super- also show asbestosis (i.e., small irregular pa- vision of licensed physician at a reasonable renchymal opacities). Symptoms char- time and place, and at no cost to the em- acteristic of mesothelioma include shortness ployee. of breath, pain in the chest or abdominal Although broad latitude is given to the pain. Mesothelioma has a much longer aver- physician in prescribing specific tests to be age latency period compared with lung can- included in the medical surveillance pro- cer (40 years versus 15–20 years), and meso- gram, OSHA requires inclusion of the fol- thelioma is therefore more likely to be found lowing elements in the routine examination, among workers who were first exposed to as- (i) Medical and work histories with special bestos at an early age. Mesothelioma is a emphasis directed to symptoms of the res- fatal disease. piratory system, cardiovascular system, and Asbestosis is pulmonary fibrosis caused by digestive tract. the accumulation of asbestos fibers in the (ii) Completion of the respiratory disease lungs. Symptoms include shortness of questionnaire contained in appendix D to breath, coughing, fatigue, and vague feelings this section. of sickness. When the fibrosis worsens, short- (iii) A physical examination including a ness of breath occurs even at rest. The diag- chest X-ray and pulmonary function test nosis of asbestosis is most commonly based that includes measurement of the employ- on a history of exposure to asbestos, the ee’s forced vital capacity (FVC) and forced presence of characteristic radiologic abnor- expiratory volume at one second (FEV1). malities, end-inspiratory crackles (rales), (iv) Any laboratory or other test that the and other clinical features of fibrosing lung examining physician deems by sound med- disease. Pleural plaques and thickening may ical practice to be necessary. be observed on chest X-rays. Asbestosis is The employer is required to make the pre- often a progressive disease even in the ab- scribed tests available at least annually to sence of continued exposure, although this those employees covered; more often than appears to be a highly individualized char- specified if recommended by the examining acteristic. In severe cases, death may be physician; and upon termination of employ- caused by respiratory or cardiac failure. ment. The employer is required to provide the IV. SURVEILLANCE AND PREVENTIVE physician with the following information: A CONSIDERATIONS copy of the standard in this section (includ- As noted in section III of this appendix, ex- ing all appendices to this section); a descrip- posure to asbestos have been linked to an in- tion of the employee’s duties as they relate creased risk of lung cancer, mesothelioma, to asbestos exposure; the employee’s rep- gastrointestinal cancer, and asbestosis resentative level of exposure to asbestos; a among occupationally exposed workers. Ade- description of any personal protective and quate screening tests to determine an em- respiratory equipment used; and information ployee’s potential for developing serious from previous medical examinations of the

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affected employee that is not otherwise § 1915.1005 [Reserved] available to the physician. Making this information available to the physician will aid § 1915.1006 Methyl chloromethyl ether. in the evaluation of the employee’s health in relation to assigned duties and fitness to NOTE: The requirements applicable to shipyard employment under this section are wear personal protective equipment, if re- identical to those set forth at § 1910.1003 of quired. this chapter. The employer is required to obtain a written opinion from the examining physician [61 FR 31430, June 20, 1996] containing the results of the medical examination; the physician’s opinion as to wheth- § 1915.1007 3,3′-Dichlorobenzidiene er the employee has any detected medical (and its salts). conditions that would place the employee at NOTE: The requirements applicable to ship- an increased risk of exposure-related disease; yard employment under this section are any recommended limitations on the em- identical to those set forth at § 1910.1003 of ployee or on the use of personal protective this chapter. equipment; and a statement that the em- [61 FR 31430, June 20, 1996] ployee has been informed by the physician of the results of the medical examination and § 1915.1008 bis-Chloromethyl ether. of any medical conditions related to asbestos exposure that require further explanation or NOTE: The requirements applicable to ship- treatment. This written opinion must not re- yard employment under this section are veal specific findings or diagnoses unrelated identical to those set forth at § 1910.1003 of to exposure to asbestos, and a copy of the this chapter. opinion must be provided to the affected em- [61 FR 31430, June 20, 1996] ployee. § 1915.1009 beta-Naphthylamine. * * * * * NOTE: The requirements applicable to shipyard employment under this section are 2. At 84 FR 21597, May 14, 2019, § 1915.1001 identical to those set forth at § 1910.1003 of was amended by removing the phrases ‘‘and this chapter. social security number’’ from paragraph (n)(3)(ii)(A) and ‘‘ , social security number,’’ [61 FR 31430, June 20, 1996] from paragraph (n)(2)(ii)(F), effective July 15, 2019. § 1915.1010 Benzidine. NOTE: The requirements applicable to ship- § 1915.1002 Coal tar pitch volatiles; in- yard employment under this section are terpretation of term. identical to those set forth at § 1910.1003 of this chapter. NOTE: The requirements applicable to shipyard employment under this section are [61 FR 31430, June 20, 1996] identical to those set forth at § 1910.1002 of this chapter. § 1915.1011 4-Aminodiphenyl. [61 FR 31430, June 20, 1996] NOTE: The requirements applicable to shipyard employment under this section are § 1915.1003 13 carcinogens (4– identical to those set forth at § 1910.1003 of this chapter. Nitrobiphenyl, etc.). [61 FR 31430, June 20, 1996] NOTE: The requirements applicable to shipyard employment under this section are § 1915.1012 Ethyleneimine. identical to those set forth at § 1910.1003 of this chapter. NOTE: The requirements applicable to shipyard employment under this section are [61 FR 31430, June 20, 1996] identical to those set forth at § 1910.1003 of this chapter. § 1915.1004 alpha-Naphthylamine. [61 FR 31430, June 20, 1996] NOTE: The requirements applicable to shipyard employment under this section are § 1915.1013 beta-Propiolactone. identical to those set forth at § 1910.1003 of NOTE: The requirements applicable to ship- this chapter. yard employment under this section are [61 FR 31430, June 20, 1996] identical to those set forth at § 1910.1003 of this chapter. [61 FR 31430, June 20, 1996]

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§ 1915.1014 2-Acetylaminofluorene. (3) This standard does not apply to materials containing less than 0.1% be- NOTE: The requirements applicable to shipyard employment under this section are ryllium by weight where the employer identical to those set forth at § 1910.1003 of has objective data demonstrating that this chapter. employee exposure to beryllium will [61 FR 31430, June 20, 1996] remain below the action level as an 8- hour TWA under any foreseeable condi- § 1915.1015 4- tions. Dimethylaminoazobenzene. (b) Definitions. As used in this stand- NOTE: The requirements applicable to ship- ard: yard employment under this section are Action level means a concentration of identical to those set forth at § 1910.1003 of airborne beryllium of 0.1 micrograms this chapter. per cubic meter of air (μg/m3) cal- [61 FR 31430, June 20, 1996] culated as an 8-hour time-weighted average (TWA). § 1915.1016 N-Nitrosodimethylamine. Airborne exposure and airborne expo- NOTE: The requirements applicable to ship- sure to beryllium mean the exposure to yard employment under this section are airborne beryllium that would occur if identical to those set forth at § 1910.1003 of the employee were not using a res- this chapter. pirator. [61 FR 31430, June 20, 1996] Assistant Secretary means the Assist- ant Secretary of Labor for Occupa- § 1915.1017 Vinyl chloride. tional Safety and Health, United NOTE: The requirements applicable to ship- States Department of Labor, or des- yard employment under this section are ignee. identical to those set forth at § 1910.1017 of this chapter. Beryllium lymphocyte proliferation test (BeLPT) means the measurement of [61 FR 31430, June 20, 1996] blood lymphocyte proliferation in a § 1915.1018 Inorganic arsenic. laboratory test when lymphocytes are challenged with a soluble beryllium NOTE: The requirements applicable to ship- salt. yard employment under this section are identical to those set forth at § 1910.1018 of CBD diagnostic center means a med- this chapter. ical diagnostic center that has an on- site pulmonary specialist and on-site [61 FR 31431, June 20, 1996] facilities to perform a clinical evalua- § 1915.1020 Access to employee expo- tion for the presence of chronic beryl- sure and medical records. lium disease (CBD). This evaluation must include pulmonary function test- NOTE: The requirements applicable to shipyard employment under this section are ing (as outlined by the American Tho- identical to those set forth at § 1910.1020 of racic Society criteria), bronchoalveolar this chapter. lavage (BAL), and transbronchial bi- [61 FR 31431, June 20, 1996] opsy. The CBD diagnostic center must also have the capacity to transfer BAL § 1915.1024 Beryllium. samples to a laboratory for appropriate (a) Scope and application. (1) This diagnostic testing within 24 hours. The standard applies to occupational expo- on-site pulmonary specialist must be sure to beryllium in all forms, com- able to interpret the biopsy pathology pounds, and mixtures in shipyards, ex- and the BAL diagnostic test results. cept those articles and materials ex- Chronic beryllium disease (CBD) means empted by paragraphs (a)(2) and (a)(3) a chronic lung disease associated with of this standard. airborne exposure to beryllium. (2) This standard does not apply to Confirmed positive means the person articles, as defined in the Hazard Com- tested has beryllium sensitization, as munication standard (HCS) (29 CFR indicated by two abnormal BeLPT test 1910.1200(c)), that contain beryllium results, an abnormal and a borderline and that the employer does not proc- test result, or three borderline test re- ess. sults. It also means the result of a

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more reliable and accurate test indi- centration of beryllium in excess of 2.0 cating a person has been identified as μg/m3 as determined over a sampling having beryllium sensitization. period of 15 minutes. Director means the Director of the (d) Exposure assessment—(1) General. National Institute for Occupational The employer must assess the airborne Safety and Health (NIOSH), U.S. De- exposure of each employee who is or partment of Health and Human Serv- may reasonably be expected to be ex- ices, or designee. posed to airborne beryllium in accord- Emergency means any uncontrolled ance with either the performance op- release of airborne beryllium. tion in paragraph (d)(2) or the sched- High-efficiency particulate air (HEPA) uled monitoring option in paragraph filter means a filter that is at least 99.97 (d)(3) of this standard. percent efficient in removing particles (2) Performance option. The employer 0.3 micrometers in diameter. must assess the 8-hour TWA exposure Objective data means information, and the 15-minute short-term exposure such as air monitoring data from infor each employee on the basis of any dustry-wide surveys or calculations combination of air monitoring data based on the composition of a sub- and objective data sufficient to accu- stance, demonstrating airborne expo- rately characterize airborne exposure sure to beryllium associated with a to beryllium. particular product or material or a spe- (3) Scheduled monitoring option. (i) The cific process, task, or activity. The employer must perform initial moni- data must reflect workplace conditions toring to assess the 8-hour TWA expo- closely resembling or with a higher air- sure for each employee on the basis of borne exposure potential than the proc- one or more personal breathing zone esses, types of material, control meth- air samples that reflect the airborne ods, work practices, and environmental exposure of employees on each shift, conditions in the employer’s current for each job classification, and in each operations. work area. Physician or other licensed health care professional (PLHCP) means an indi- (ii) The employer must perform ini- vidual whose legally permitted scope of tial monitoring to assess the short- practice (i.e., license, registration, or term exposure from 15-minute personal certification) allows the individual to breathing zone air samples measured in independently provide or be delegated operations that are likely to produce the responsibility to provide some or airborne exposure above the STEL for all of the health care services required each work shift, for each job classifica- by paragraph (k) of this standard. tion, and in each work area. Regulated area means an area, includ- (iii) Where several employees pering temporary work areas where main- form the same tasks on the same shift tenance or non-routine tasks are per- and in the same work area, the em- formed, where an employee’s airborne ployer may sample a representative exposure exceeds, or can reasonably be fraction of these employees in order to expected to exceed, either the time- meet the requirements of paragraph weighted average (TWA) permissible (d)(3) of this standard. In representa- exposure limit (PEL) or short term ex- tive sampling, the employer must sam- posure limit (STEL). ple the employee(s) expected to have This standard means this beryllium the highest airborne exposure to beryl- standard, 29 CFR 1915.1024. lium. (c) Permissible Exposure Limits (iv) If initial monitoring indicates (PELs)—(1) Time-weighted average that airborne exposure is below the ac- (TWA) PEL. The employer must ensure tion level and at or below the STEL, that no employee is exposed to an air- the employer may discontinue moni- borne concentration of beryllium in ex- toring for those employees whose air- cess of 0.2 μg/m3 calculated as an 8-hour borne exposure is represented by such TWA. monitoring. (2) Short-term exposure limit (STEL). (v) Where the most recent exposure The employer must ensure that no em- monitoring indicates that airborne ex- ployee is exposed to an airborne con- posure is at or above the action level

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but at or below the TWA PEL, the em- centrations at or above the action ployer must repeat such monitoring level. within six months of the most recent (6) Employee notification of assessment monitoring. results. (i) Within 15 working days after (vi) Where the most recent exposure completing an exposure assessment in monitoring indicates that airborne ex- accordance with paragraph (d) of this posure is above the TWA PEL, the em- standard, the employer must notify ployer must repeat such monitoring each employee whose airborne expo- within three months of the most recent sure is represented by the assessment 8-hour TWA exposure monitoring. of the results of that assessment indi- (vii) Where the most recent (non-ini- vidually in writing or post the results tial) exposure monitoring indicates in an appropriate location that is ac- that airborne exposure is below the accessible to each of these employees. tion level, the employer must repeat (ii) Whenever an exposure assessment such monitoring within six months of indicates that airborne exposure is the most recent monitoring until two above the TWA PEL or STEL, the em- consecutive measurements, taken 7 or ployer must describe in the written no- more days apart, are below the action tification the corrective action being level, at which time the employer may taken to reduce airborne exposure to or discontinue 8-hour TWA exposure mon- below the exposure limit(s) exceeded itoring for those employees whose ex- where feasible corrective action exists posure is represented by such moni- but had not been implemented when toring, except as otherwise provided in the monitoring was conducted. paragraph (d)(4) of this standard. (7) Observation of monitoring. (i) The (viii) Where the most recent exposure employer must provide an opportunity monitoring indicates that airborne ex- to observe any exposure monitoring re- posure is above the STEL, the em- quired by this standard to each employer must repeat such monitoring ployee whose airborne exposure is within three months of the most recent measured or represented by the moni- short-term exposure monitoring until toring and each employee’s representa- two consecutive measurements, taken tive(s). 7 or more days apart, are below the (ii) When observation of monitoring STEL, at which time the employer requires entry into an area where the may discontinue short-term exposure use of personal protective clothing or monitoring for those employees whose equipment (which may include res- exposure is represented by such moni- pirators) is required, the employer toring, except as otherwise provided in must provide each observer with appro- paragraph (d)(4) of this standard. priate personal protective clothing and (4) Reassessment of exposure. The em- equipment at no cost to the observer ployer must reassess airborne exposure and must ensure that each observer whenever a change in the production, uses such clothing and equipment. process, control equipment, personnel, (iii) The employer must ensure that or work practices may reasonably be each observer follows all other applica- expected to result in new or additional ble safety and health procedures. airborne exposure at or above the ac- (e) Regulated areas—(1) Establishment. tion level or STEL, or when the em- The employer must establish and main- ployer has any reason to believe that tain a regulated area wherever employ- new or additional airborne exposure at ees are, or can reasonably be expected or above the action level or STEL has to be, exposed to airborne beryllium at occurred. levels above the TWA PEL or STEL. (5) Methods of sample analysis. The (2) Demarcation. The employer must employer must ensure that all air mon- identify each regulated area in accord- itoring samples used to satisfy the ance with paragraph (m)(2) of this monitoring requirements of paragraph standard. (d) of this standard are evaluated by a (3) Access. The employer must limit laboratory that can measure beryllium access to regulated areas to: to an accuracy of plus or minus 25 per- (i) Persons the employer authorizes cent within a statistical confidence or requires to be in a regulated area to level of 95 percent for airborne con- perform work duties;

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(ii) Persons entering a regulated area (A) Any change in production proc- as designated representatives of em- esses, materials, equipment, personnel, ployees for the purpose of exercising work practices, or control methods re- the right to observe exposure moni- sults, or can reasonably be expected to toring procedures under paragraph result, in new or additional airborne (d)(7) of this standard; and exposure to beryllium; (iii) Persons authorized by law to be (B) The employer is notified that an in a regulated area. employee is eligible for medical re- (4) Provision of personal protective moval in accordance with paragraph clothing and equipment, including res- (l)(1) of this standard, referred for eval- pirators. The employer must provide uation at a CBD diagnostic center, or and ensure that each employee enter- shows signs or symptoms associated ing a regulated area uses: with airborne exposure to or dermal (i) Respiratory protection in accord- contact with beryllium; or ance with paragraph (g) of this stand- (C) The employer has any reason to ard; and believe that new or additional airborne (ii) Personal protective clothing and exposure is occurring or will occur. equipment in accordance with para- (iii) The employer must make a copy graph (h) of this standard. of the written exposure control plan (f) Methods of compliance—(1) Written accessible to each employee who is, or exposure control plan. (i) The employer can reasonably be expected to be, ex- must establish, implement, and main- posed to airborne beryllium in accord- tain a written exposure control plan, ance with OSHA’s Access to Employee which must contain: Exposure and Medical Records (Records (A) A list of operations and job titles Access) standard (29 CFR 1910.1020(e)). reasonably expected to involve air- (2) Engineering and work practice con- borne exposure to or dermal contact trols. (i) Where exposures are, or can with beryllium; reasonably be expected to be, at or (B) A list of operations and job titles above the action level, the employer reasonably expected to involve air- must ensure that at least one of the borne exposure at or above the action following is in place to reduce airborne level; exposure: (C) A list of operations and job titles (A) Material and/or process substi- reasonably expected to involve air- tution; borne exposure above the TWA PEL or (B) Isolation, such as ventilated par- STEL; tial or full enclosures; (D) Procedures for minimizing cross- (C) Local exhaust ventilation, such contamination; as at the points of operation, material (E) Procedures for minimizing the handling, and transfer; or migration of beryllium within or to lo- (D) Process control, such as wet cations outside the workplace; methods and automation. (F) A list of engineering controls, (ii) An employer is exempt from work practices, and respiratory protec- using the controls listed in paragraph tion required by paragraph (f)(2) of this (f)(2)(i) of this standard to the extent standard; that: (G) A list of personal protective (A) The employer can establish that clothing and equipment required by such controls are not feasible; or paragraph (h) of this standard; and (B) The employer can demonstrate (H) Procedures for removing, laun- that airborne exposure is below the ac- dering, storing, cleaning, repairing, tion level, using no fewer than two rep- and disposing of beryllium-contami- resentative personal breathing zone nated personal protective clothing and samples taken at least 7 days apart, for equipment, including respirators. each affected operation. (ii) The employer must review and (iii) If airborne exposure exceeds the evaluate the effectiveness of each writ- TWA PEL or STEL after implementing ten exposure control plan at least an- the control(s) required by (f)(2)(i), the nually and update it, as necessary, employer must implement additional when: or enhanced engineering and work

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practice controls to reduce airborne ex- (3) The employer must provide at no posure to or below the exposure cost to the employee a powered air-pu- limit(s) exceeded. rifying respirator (PAPR) instead of a (iv) Wherever the employer dem- negative pressure respirator when onstrates that it is not feasible to re- (i) Respiratory protection is required duce airborne exposure to or below the by this standard; PELs by the engineering and work (ii) An employee entitled to such res- practice controls required by para- piratory protection requests a PAPR; graphs (f)(2)(i) and (f)(2)(iii), the em- and ployer must implement and maintain (iii) The PAPR provides adequate engineering and work practice controls protection to the employee in accord- to reduce airborne exposure to the low- ance with paragraph (g)(2) of this est levels feasible and supplement standard. these controls by using respiratory (h) Personal protective clothing and protection in accordance with para- equipment—(1) Provision and use. The graph (g) of this standard. employer must provide at no cost, and (3) Prohibition of rotation. The em- ensure that each employee uses, appro- ployer must not rotate employees to priate personal protective clothing and different jobs to achieve compliance equipment in accordance with the writ- with the PELs. ten exposure control plan required (g) Respiratory protection—(1) General. under paragraph (f)(1) of this standard The employer must provide respiratory and OSHA’s Personal Protective Equip- protection at no cost to the employee ment standards for shipyards (subpart I and ensure that each employee uses of this part): respiratory protection: (i) Where airborne exposure exceeds, (i) During periods necessary to in- or can reasonably be expected to ex- stall or implement feasible engineering ceed, the TWA PEL or STEL; or and work practice controls where air- (ii) Where there is a reasonable ex- borne exposure exceeds, or can reason- pectation of dermal contact with beryl- ably be expected to exceed, the TWA lium. PEL or STEL; (2) Removal and storage. (i) The em- (ii) During operations, including ployer must ensure that each employee maintenance and repair activities and removes all beryllium-contaminated non-routine tasks, when engineering personal protective clothing and equip- and work practice controls are not fea- ment at the end of the work shift, at sible and airborne exposure exceeds, or the completion of tasks involving be- can reasonably be expected to exceed, ryllium, or when personal protective the TWA PEL or STEL; clothing or equipment becomes visibly (iii) During operations for which an contaminated with beryllium, which- employer has implemented all feasible ever comes first. engineering and work practice controls (ii) The employer must ensure that when such controls are not sufficient each employee removes beryllium-con- to reduce airborne exposure to or below taminated personal protective clothing the TWA PEL or STEL; and equipment as specified in the writ- (iv) During emergencies; and ten exposure control plan required by (v) When an employee who is eligible paragraph (f)(1) of this standard. for medical removal under paragraph (iii) The employer must ensure that (l)(1) chooses to remain in a job with each employee stores and keeps beryl- airborne exposure at or above the ac- lium-contaminated personal protective tion level, as permitted by paragraph clothing and equipment separate from (l)(2)(ii). street clothing and that storage facili- (2) Respiratory protection program. ties prevent cross-contamination as Where this standard requires an em- specified in the written exposure con- ployer to provide respiratory protec- trol plan required by paragraph (f)(1) of tion, the selection and use of such res- this standard. piratory protection must be in accord- (iv) The employer must ensure that ance with the Respiratory Protection no employee removes beryllium-con- standard (29 CFR 1910.134). taminated personal protective clothing

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or equipment from the workplace, ex- tobacco or gum, applying cosmetics, or cept for employees authorized to do so using the toilet. for the purposes of laundering, clean- (2) Change rooms. In addition to the ing, maintaining or disposing of beryl- requirements of paragraph (i)(1)(i) of lium-contaminated personal protective this standard, the employer must pro- clothing and equipment at an appro- vide employees required to use per- priate location or facility away from sonal protective clothing by this stand- the workplace. ard with a designated change room in (v) When personal protective clothing accordance with the Sanitation stand- or equipment required by this standard ard (§ 1915.88) where employees are re- is removed from the workplace for quired to remove their personal cloth- laundering, cleaning, maintenance or ing. disposal, the employer must ensure (3) Eating and drinking areas. Wher- that personal protective clothing and ever the employer allows employees to equipment are stored and transported consume food or beverages at a work- in sealed bags or other closed con- site where beryllium is present, the tainers that are impermeable and are employer must ensure that: labeled in accordance with paragraph (i) Surfaces in eating and drinking (m)(3) of this standard and the HCS (29 areas are as free as practicable of be- CFR 1910.1200). ryllium; (3) Cleaning and replacement. (i) The (ii) No employees enter any eating or employer must ensure that all reusable drinking area with personal protective personal protective clothing and equip- clothing or equipment unless, prior to ment required by this standard is entry, surface beryllium has been re- cleaned, laundered, repaired, and removed from the clothing or equipment placed as needed to maintain its effec- by methods that do not disperse beryl- tiveness. lium into the air or onto an employee’s (ii) The employer must ensure that body; and beryllium is not removed from per- (iii) Eating and drinking facilities sonal protective clothing and equip- provided by the employer are in ac- ment by blowing, shaking or any other cordance with the Sanitation standard means that disperses beryllium into (29 CFR 1915.88). the air. (4) Prohibited activities. The employer (iii) The employer must inform in must ensure that no employees eat, writing the persons or the business en- drink, smoke, chew tobacco or gum, or tities who launder, clean or repair the apply cosmetics in regulated areas. personal protective clothing or equip- (j) Housekeeping—(1) General. (i) When ment required by this standard of the cleaning beryllium-contaminated potentially harmful effects of airborne areas, the employer must follow the exposure to and dermal contact with written exposure control plan required beryllium and that the personal protec- under paragraph (f)(1) of this standard; tive clothing and equipment must be and handled in accordance with this stand- (ii) The employer must ensure that ard. all spills and emergency releases of be- (i) Hygiene areas and practices—(1) ryllium are cleaned up promptly and in General. For each employee required to accordance with the written exposure use personal protective clothing or control plan required under paragraph equipment by this standard, the em- (f)(1). ployer must: (2) Cleaning methods. (i) When clean- (i) Provide readily accessible washing ing beryllium-contaminated areas, the facilities in accordance with this employer must ensure the use of standard and the Sanitation standard HEPA-filtered vacuuming or other (§ 1915.88) to remove beryllium from the methods that minimize the likelihood hands, face, and neck; and and level of airborne exposure. (ii) Ensure that employees who have (ii) The employer must not allow dry dermal contact with beryllium wash sweeping or brushing for cleaning in any exposed skin at the end of the ac- beryllium-contaminated areas unless tivity, process, or work shift and prior HEPA-filtered vacuuming or other to eating, drinking, smoking, chewing methods that minimize the likelihood

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and level of airborne exposure are not (A) An employee meets the criteria safe or effective. of paragraph (k)(1)(i)(A) of this stand- (iii) The employer must not allow the ard, unless the employee has received a use of compressed air for cleaning in medical examination, provided in ac- beryllium-contaminated areas unless cordance with this standard, within the the compressed air is used in conjunc- last two years; or tion with a ventilation system de- (B) An employee meets the criteria of signed to capture the particulates paragraph (k)(1)(i)(B) or (C) of this made airborne by the use of com- standard. pressed air. (ii) At least every two years there- (iv) Where employees use dry sweep- after for each employee who continues ing, brushing, or compressed air to to meet the criteria of paragraph clean in beryllium-contaminated areas, (k)(1)(i)(A), (B), or (D) of this standard. the employer must provide, and ensure (iii) At the termination of employ- that each employee uses, respiratory ment for each employee who meets any protection and personal protective of the criteria of paragraph (k)(1)(i) of clothing and equipment in accordance this standard at the time the employ- with paragraphs (g) and (h) of this ee’s employment terminates, unless an standard. examination has been provided in ac- (v) The employer must ensure that cordance with this standard during the cleaning equipment is handled and six months prior to the date of termi- maintained in a manner that mini- nation. mizes the likelihood and level of air- (3) Contents of examination. (i) The borne exposure and the re-entrainment employer must ensure that the PLHCP of airborne beryllium in the workplace. conducting the examination advises (3) Disposal. When the employer the employee of the risks and benefits transfers materials containing beryl- of participating in the medical surveil- lium to another party for use or dis- lance program and the employee’s posal, the employer must provide the right to opt out of any or all parts of recipient with a copy of the warning the medical examination. described in paragraph (m)(3) of this standard. (ii) The employer must ensure that the employee is offered a medical ex- (k) Medical surveillance—(1) General. (i) The employer must make medical amination that includes: surveillance required by this paragraph (A) A medical and work history, with available at no cost to the employee, emphasis on past and present airborne and at a reasonable time and place, to exposure to or dermal contact with be- each employee: ryllium, smoking history, and any his- (A) Who is or is reasonably expected tory of respiratory system dysfunction; to be exposed at or above the action (B) A physical examination with em- level for more than 30 days per year; phasis on the respiratory system; (B) Who shows signs or symptoms of (C) A physical examination for skin CBD or other beryllium-related health rashes; effects; (D) Pulmonary function tests, per- (C) Who is exposed to beryllium dur- formed in accordance with the guide- ing an emergency; or lines established by the American Tho- (D) Whose most recent written med- racic Society including forced vital ca- ical opinion required by paragraph pacity (FVC) and forced expiratory vol- (k)(6) or (k)(7) recommends periodic ume in one second (FEV1); medical surveillance. (E) A standardized BeLPT or equiva- (ii) The employer must ensure that lent test, upon the first examination all medical examinations and proce- and at least every two years thereafter, dures required by this standard are per- unless the employee is confirmed posi- formed by, or under the direction of, a tive. If the results of the BeLPT are licensed physician. other than normal, a follow-up BeLPT (2) Frequency. The employer must must be offered within 30 days, unless provide a medical examination: the employee has been confirmed posi- (i) Within 30 days after determining tive. Samples must be analyzed in a that: laboratory certified under the College

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of American Pathologists/Clinical Lab- tive, as defined in paragraph (b) of this oratory Improvement Amendments standard), that may place the em- (CLIA) guidelines to perform the ployee at increased risk from further BeLPT. airborne exposure, and (F) A low dose computed tomography (B) Any medical conditions related to (LDCT) scan, when recommended by airborne exposure that require further the PLHCP after considering the em- evaluation or treatment. ployee’s history of exposure to beryl- (ii) Any recommendations on: lium along with other risk factors, (A) The employee’s use of respirators, such as smoking history, family med- protective clothing, or equipment; or ical history, sex, age, and presence of (B) Limitations on the employee’s existing lung disease; and airborne exposure to beryllium. (G) Any other test deemed appro- (iii) If the employee is confirmed priate by the PLHCP. positive or diagnosed with CBD or if (4) Information provided to the PLHCP. the licensed physician otherwise deems The employer must ensure that the exit appropriate, the written report must amining PLHCP (and the agreed-upon also contain a referral for an evalua- CBD diagnostic center, if an evaluation tion at a CBD diagnostic center. is required under paragraph (k)(7) of (iv) If the employee is confirmed this standard) has a copy of this stand- positive or diagnosed with CBD the ard and must provide the following in- written report must also contain a rec- formation, if known: ommendation for continued periodic (i) A description of the employee’s medical surveillance. former and current duties that relate (v) If the employee is confirmed posi- to the employee’s airborne exposure to tive or diagnosed with CBD the written and dermal contact with beryllium; report must also contain a rec- (ii) The employee’s former and cur- ommendation for medical removal rent levels of airborne exposure; from airborne exposure to beryllium, (iii) A description of any personal as described in paragraph (l). protective clothing and equipment, including respirators, used by the em- (6) Licensed physician’s written medical ployee, including when and for how opinion for the employer. (i) The em- long the employee has used that per- ployer must obtain a written medical sonal protective clothing and equip- opinion from the licensed physician ment; and within 45 days of the medical examina- (iv) Information from records of em- tion (including any follow-up BeLPT ployment-related medical examina- required under paragraph (k)(3)(ii)(E) tions previously provided to the em- of this standard). The written medical ployee, currently within the control of opinion must contain only the fol- the employer, after obtaining written lowing: consent from the employee. (A) The date of the examination; (5) Licensed physician’s written medical (B) A statement that the examina- report for the employee. The employer tion has met the requirements of this must ensure that the employee re- standard; ceives a written medical report from (C) Any recommended limitations on the licensed physician within 45 days of the employee’s use of respirators, pro- the examination (including any follow- tective clothing, or equipment; and up BeLPT required under paragraph (D) A statement that the PLHCP has (k)(3)(ii)(E) of this standard) and that explained the results of the medical ex- the PLHCP explains the results of the amination to the employee, including examination to the employee. The any tests conducted, any medical con- written medical report must contain: ditions related to airborne exposure (i) A statement indicating the results that require further evaluation or of the medical examination, including treatment, and any special provisions the licensed physician’s opinion as to for use of personal protective clothing whether the employee has or equipment; (A) Any detected medical condition, (ii) If the employee provides written such as CBD or beryllium sensitization authorization, the written opinion (i.e., the employee is confirmed posi- must also contain any recommended

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limitations on the employee’s airborne (iii) The employer must obtain a exposure to beryllium. written medical opinion from the CBD (iii) If the employee is confirmed diagnostic center within 30 days of the positive or diagnosed with CBD or if medical examination. The written the licensed physician otherwise deems medical opinion must contain only the it appropriate, and the employee pro- information in paragraphs (k)(6)(i), as vides written authorization, the writ- applicable, unless the employee pro- ten opinion must also contain a refer- vides written authorization to release ral for an evaluation at a CBD diag- additional information. If the em- nostic center. ployee provides written authorization, (iv) If the employee is confirmed the written opinion must also contain positive or diagnosed with CBD and the the information from paragraphs employee provides written authoriza- (k)(6)(ii), (iv), and (v), if applicable. tion, the written opinion must also (iv) The employer must ensure that contain a recommendation for contin- each employee receives a copy of the ued periodic medical surveillance. written medical opinion from the CBD (v) If the employee is confirmed posi- diagnostic center described in para- tive or diagnosed with CBD and the graph (k)(7) of this standard within 30 employee provides written authoriza- days of any medical examination per- tion, the written opinion must also formed for that employee. (v) After an employee has received contain a recommendation for medical the initial clinical evaluation at a CBD removal from airborne exposure to be- diagnostic center described in para- ryllium, as described in paragraph (l). graph (k)(7)(i) of this standard, the em- (vi) The employer must ensure that ployee may choose to have any subse- each employee receives a copy of the quent medical examinations for which written medical opinion described in the employee is eligible under para- paragraph (k)(6) of this standard within graph (k) of this standard performed at 45 days of any medical examination a CBD diagnostic center mutually (including any follow-up BeLPT re- agreed upon by the employer and the quired under paragraph (k)(3)(ii)(E) of employee, and the employer must pro- this standard) performed for that em- vide such examinations at no cost to ployee. the employee. (7) CBD diagnostic center. (i) The em- (l) Medical removal. (1) An employee is ployer must provide an evaluation at eligible for medical removal, if the em- no cost to the employee at a CBD diag- ployee works in a job with airborne ex- nostic center that is mutually agreed posure at or above the action level and upon by the employer and the em- either: ployee. The examination must be pro- (i) The employee provides the em- vided within 30 days of: ployer with: (A) The employer’s receipt of a physi- (A) A written medical report indi- cian’s written medical opinion to the cating a confirmed positive finding or employer that recommends referral to CBD diagnosis; or a CBD diagnostic center; or (B) A written medical report recom- (B) The employee presenting to the mending removal from airborne expo- employer a physician’s written medical sure to beryllium in accordance with report indicating that the employee paragraph (k)(5)(v) or (k)(7)(ii) of this has been confirmed positive or diag- standard; or nosed with CBD, or recommending re- (ii) The employer receives a written ferral to a CBD diagnostic center. medical opinion recommending re- (ii) The employer must ensure that moval from airborne exposure to beryl- the employee receives a written med- lium in accordance with paragraph ical report from the CBD diagnostic (k)(6)(v) or (k)(7)(iii) of this standard. center that contains all the informa- (2) If an employee is eligible for med- tion required in paragraph (k)(5)(i), (ii), ical removal, the employer must pro- (iv), and (v) and that the PLHCP ex- vide the employee with the employee’s plains the results of the examination choice of: to the employee within 30 days of the (i) Removal as described in paragraph examination. (l)(3) of this standard; or

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(ii) Remaining in a job with airborne able to read and understand the signs exposure at or above the action level, and take necessary protective steps be- provided that the employer provides, fore entering the area. and ensures that the employee uses, (ii) Sign specification. (A) The em- respiratory protection that complies ployer must ensure that the warning with paragraph (g) of this standard signs required by paragraph (m)(2)(i) of whenever airborne exposures are at or this standard are legible and readily above the action level. visible. (3) If the employee chooses removal: (B) The employer must ensure each (i) If a comparable job is available warning sign required by paragraph where airborne exposures to beryllium (m)(2)(i) of this standard bears the fol- are below the action level, and the em- lowing legend: ployee is qualified for that job or can be trained within one month, the em- DANGER REGULATED AREA ployer must remove the employee to BERYLLIUM that job. The employer must maintain MAY CAUSE CANCER for six months from the time of re- CAUSES DAMAGE TO LUNGS moval the employee’s base earnings, AUTHORIZED PERSONNEL ONLY seniority, and other rights and benefits WEAR RESPIRATORY PROTECTION AND that existed at the time of removal. PERSONAL PROTECTIVE CLOTHING (ii) If comparable work is not avail- AND EQUIPMENT IN THIS AREA able, the employer must maintain the (3) Warning labels. Consistent with employee’s base earnings, seniority, the HCS (29 CFR 1910.1200), the em- and other rights and benefits that ex- ployer must label each bag and con- isted at the time of removal for six tainer of clothing, equipment, and ma- months or until such time that com- terials contaminated with beryllium, parable work described in paragraph and must, at a minimum, include the (l)(3)(i) becomes available, whichever following on the label: comes first. (4) The employer’s obligation to pro- DANGER vide medical removal protection bene- CONTAINS BERYLLIUM fits to a removed employee shall be re- MAY CAUSE CANCER duced to the extent that the employee CAUSES DAMAGE TO LUNGS AVOID CREATING DUST receives compensation for earnings lost DO NOT GET ON SKIN during the period of removal from a publicly or employer-funded compensa- (4) Employee information and training. tion program, or receives income from (i) For each employee who has, or can another employer made possible by vir- reasonably be expected to have, air- tue of the employee’s removal. borne exposure to or dermal contact (m) Communication of hazards—(1) with beryllium: General. (i) Chemical manufacturers, (A) The employer must provide infor- importers, distributors, and employers mation and training in accordance must comply with all requirements of with the HCS (29 CFR 1910.1200(h)); the HCS (29 CFR 1910.1200) for beryl- (B) The employer must provide ini- lium. tial training to each employee by the (ii) Employers must include beryl- time of initial assignment; and lium in the hazard communication pro- (C) The employer must repeat the gram established to comply with the training required under this standard HCS. Employers must ensure that each annually for each employee. employee has access to labels on con- (ii) The employer must ensure that tainers of beryllium and to safety data each employee who is, or can reason- sheets, and is trained in accordance ably be expected to be, exposed to air- with the requirements of the HCS (29 borne beryllium can demonstrate CFR 1910.1200) and paragraph (m)(4) of knowledge and understanding of the this standard. following: (2) Warning signs. (i) Posting. The em- (A) The health hazards associated ployer must provide and display warn- with airborne exposure to and contact ing signs at each approach to a regu- with beryllium, including the signs and lated area so that each employee is symptoms of CBD;

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(B) The written exposure control (E) The type of personal protective plan, with emphasis on the location(s) clothing and equipment, including res- of any regulated areas, and the specific pirators, worn by monitored employees nature of operations that could result at the time of monitoring; and in airborne exposure, especially air- (F) The name, social security num- borne exposure above the TWA PEL or ber, and job classification of each em- STEL; ployee represented by the monitoring, (C) The purpose, proper selection, fit- indicating which employees were actu- ting, proper use, and limitations of per- ally monitored. sonal protective clothing and equip- (iii) The employer must ensure that ment, including respirators; exposure records are maintained and (D) Applicable emergency procedures; made available in accordance with the (E) Measures employees can take to Records Access standard (29 CFR protect themselves from airborne expo- 1910.1020). sure to and contact with beryllium, in- (2) Objective data. (i) Where an em- cluding personal hygiene practices; ployer uses objective data to satisfy (F) The purpose and a description of the exposure assessment requirements the medical surveillance program re- under paragraph (d)(2) of this standard, quired by paragraph (k) of this stand- the employer must make and maintain ard including risks and benefits of each a record of the objective data relied test to be offered; upon. (G) The purpose and a description of (ii) This record must include at least the medical removal protection pro- the following information: vided under paragraph (l) of this stand- (A) The data relied upon; ard; (B) The beryllium-containing mate- (H) The contents of the standard; and rial in question; (I) The employee’s right of access to (C) The source of the objective data; records under the Records Access (D) A description of the process, task, standard (29 CFR 1910.1020). or activity on which the objective data (iii) When a workplace change (such were based; and as modification of equipment, tasks, or procedures) results in new or increased (E) Other data relevant to the proc- airborne exposure that exceeds, or can ess, task, activity, material, or air- reasonably be expected to exceed, ei- borne exposure on which the objective ther the TWA PEL or the STEL, the data were based. employer must provide additional (iii) The employer must ensure that training to those employees affected by objective data are maintained and the change in airborne exposure. made available in accordance with the (iv) Employee information. The em- Records Access standard (29 CFR ployer must make a copy of this stand- 1910.1020). ard and its appendices readily available (3) Medical surveillance. (i) The em- at no cost to each employee and des- ployer must make and maintain a ignated employee representative(s). record for each employee covered by (n) Recordkeeping—(1) Air monitoring medical surveillance under paragraph data. (i) The employer must make and (k) of this standard. maintain a record of all exposure meas- (ii) The record must include the fol- urements taken to assess airborne ex- lowing information about each em- posure as prescribed in paragraph (d) of ployee: this standard. (A) Name, social security number, (ii) This record must include at least and job classification; the following information: (B) A copy of all licensed physicians’ (A) The date of measurement for each written medical opinions for each em- sample taken; ployee; and (B) The task that is being monitored; (C) A copy of the information pro- (C) The sampling and analytical vided to the PLHCP as required by methods used and evidence of their ac- paragraph (k)(4) of this standard. curacy; (iii) The employer must ensure that (D) The number, duration, and re- medical records are maintained and sults of samples taken; made available in accordance with the

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Records Access standard (29 CFR (e.g., the treatment of wood with pre- 1910.1020). servatives); (4) Training. (i) At the completion of (3) Exposures to portland cement; or any training required by this standard, (4) Where the employer has objective the employer must prepare a record data demonstrating that a material that indicates the name, social secu- containing chromium or a specific rity number, and job classification of process, operation, or activity involv- each employee trained, the date the ing chromium cannot release dusts, training was completed, and the topic fumes, or mists of chromium (VI) in of the training. concentrations at or above 0.5 μgm/m3 (ii) This record must be maintained as an 8-hour time-weighted average for three years after the completion of (TWA) under any expected conditions training. of use. (5) Access to records. Upon request, the (b) Definitions. For the purposes of employer must make all records main- this section the following definitions tained as a requirement of this stand- apply: ard available for examination and Action level means a concentration of copying to the Assistant Secretary, the airborne chromium (VI) of 2.5 Director, each employee, and each em- micrograms per cubic meter of air (2.5 ployee’s designated representative(s) in μgm/m3) calculated as an 8-hour time- accordance the Records Access stand- weighted average (TWA). ard (29 CFR 1910.1020). Assistant Secretary means the Assist- (6) Transfer of records. The employer ant Secretary of Labor for Occupa- must comply with the requirements in- tional Safety and Health, U.S. Depart- volving transfer of records set forth in ment of Labor, or designee. the Records Access standard (29 CFR Chromium (VI) [hexavalent chromium 1910.1020). or Cr(VI)] means chromium with a va- (o) —(1) This Dates Effective date. lence of positive six, in any form and in standard shall become effective March any compound. 10, 2017. Director means the Director of the (2) Compliance dates. All obligations National Institute for Occupational of this standard commence and become Safety and Health (NIOSH), U.S. De- enforceable on March 12, 2018, except: partment of Health and Human Serv- (i) Change rooms required by para- ices, or designee. graph (i) of this standard must be provided by March 11, 2019; and Emergency means any occurrence (ii) Engineering controls required by that results, or is likely to result, in an paragraph (f) of this standard must be uncontrolled release of chromium (VI). implemented by March 10, 2020. If an incidental release of chromium (VI) can be controlled at the time of re- [82 FR 2744, Jan. 9, 2017] lease by employees in the immediate release area, or by maintenance per- § 1915.1025 Lead. sonnel, it is not an emergency. NOTE: The requirements applicable to ship- Employee exposure means the expo- yard employment under this section are sure to airborne chromium (VI) that identical to those set forth at § 1910.1025 of would occur if the employee were not this chapter. using a respirator. [61 FR 31431, June 20, 1996] High-efficiency particulate air [HEPA] filter means a filter that is at least 99.97 § 1915.1026 Chromium (VI). percent efficient in removing mono-dis- (a) Scope. (1) This standard applies to persed particles of 0.3 micrometers in occupational exposures to chromium diameter or larger. (VI) in all forms and compounds in Historical monitoring data means data shipyards, marine terminals, and from chromium (VI) monitoring con- longshoring, except: ducted prior to May 30, 2006, obtained (2) Exposures that occur in the appli- during work operations conducted cation of pesticides regulated by the under workplace conditions closely re- Environmental Protection Agency or sembling the processes, types of mate- another Federal government agency rial, control methods, work practices,

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and environmental conditions in the (ii) If initial monitoring indicates employer’s current operations. that employee exposures are below the Objective data means information action level, the employer may dis- such as air monitoring data from in- continue monitoring for those employ- dustry-wide surveys or calculations ees whose exposures are represented by based on the composition or chemical such monitoring. and physical properties of a substance (iii) If monitoring reveals employee demonstrating the employee exposure exposures to be at or above the action to chromium (VI) associated with a level, the employer shall perform peri- particular product or material or a spe- odic monitoring at least every six cific process, operation, or activity. months. The data must reflect workplace condi- (iv) If monitoring reveals employee tions closely resembling the processes, exposures to be above the PEL, the em- types of material, control methods, ployer shall perform periodic moni- work practices, and environmental toring at least every three months. conditions in the employer’s current (v) If periodic monitoring indicates operations. that employee exposures are below the Physician or other licensed health care action level, and the result is con- professional [PLHCP] is an individual firmed by the result of another moni- whose legally permitted scope of prac- toring taken at least seven days later, tice (i.e., license, registration, or cer- the employer may discontinue the tification) allows him or her to inde- monitoring for those employees whose pendently provide or be delegated the exposures are represented by such mon- responsibility to provide some or all of itoring. the particular health care services re- (vi) The employer shall perform addi- quired by paragraph (i) of this section. tional monitoring when there has been This section means this § 1915.1026 any change in the production process, chromium (VI) standard. raw materials, equipment, personnel, (c) Permissible exposure limit (PEL). work practices, or control methods The employer shall ensure that no em- that may result in new or additional ployee is exposed to an airborne con- exposures to chromium (VI), or when centration of chromium (VI) in excess the employer has any reason to believe of 5 micrograms per cubic meter of air that new or additional exposures have (5 μgm/m3), calculated as an 8-hour occurred. time-weighted average (TWA). (3) Performance-oriented option. The (d) Exposure determination—(1) Gen- employer shall determine the 8-hour eral. Each employer who has a work- TWA exposure for each employee on place or work operation covered by this the basis of any combination of air section shall determine the 8-hour monitoring data, historical monitoring TWA exposure for each employee ex- data, or objective data sufficient to ac- posed to chromium (VI). This deter- curately characterize employee expo- mination shall be made in accordance sure to chromium (VI). with either paragraph (d)(2) or para- (4) Employee notification of determina- graph (d)(3) of this section. tion results. (i) Within 5 work days after (2) Scheduled monitoring option. (i) The making an exposure determination in employer shall perform initial moni- accordance with paragraph (d)(2) or toring to determine the 8-hour TWA paragraph (d)(3) of this section, the em- exposure for each employee on the ployer shall individually notify each basis of a sufficient number of personal affected employee in writing of the re- breathing zone air samples to accu- sults of that determination or post the rately characterize full shift exposure results in an appropriate location ac- on each shift, for each job classifica- cessible to all affected employees. tion, in each work area. Where an em- (ii) Whenever the exposure deter- ployer does representative sampling in- mination indicates that employee ex- stead of sampling all employees in posure is above the PEL, the employer order to meet this requirement, the shall describe in the written notifica- employer shall sample the employee(s) tion the corrective action being taken expected to have the highest chromium to reduce employee exposure to or (VI) exposures. below the PEL.

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(5) Accuracy of measurement. Where different jobs to achieve compliance air monitoring is performed to comply with the PEL. with the requirements of this section, (f) Respiratory protection—(1) General. the employer shall use a method of Where respiratory protection is re- monitoring and analysis that can quired by this section, the employer measure chromium (VI) to within an must provide each employee an appro- accuracy of plus or minus 25 percent priate respirator that complies with (±25%) and can produce accurate meas- the requirements of this paragraph. urements to within a statistical con- Respiratory protection is required dur- fidence level of 95 percent for airborne ing: concentrations at or above the action (i) Periods necessary to install or im- level. plement feasible engineering and work (6) Observation of monitoring. (i) practice controls; Where air monitoring is performed to (ii) Work operations, such as mainte- comply with the requirements of this nance and repair activities, for which section, the employer shall provide af- engineering and work practice controls fected employees or their designated are not feasible; representatives an opportunity to ob- (iii) Work operations for which an serve any monitoring of employee ex- employer has implemented all feasible posure to chromium (VI). engineering and work practice controls (ii) When observation of monitoring and such controls are not sufficient to requires entry into an area where the reduce exposures to or below the PEL; use of protective clothing or equipment (iv) Work operations where employ- is required, the employer shall provide ees are exposed above the PEL for the observer with clothing and equip- fewer than 30 days per year, and the ment and shall assure that the ob- employer has elected not to implement server uses such clothing and equip- engineering and work practice controls ment and complies with all other appli- to achieve the PEL; or cable safety and health procedures. (v) Emergencies. (e) Methods of compliance—(1) Engi- (2) Respiratory protection program. neering and work practice controls. (i) Where respirator use is required by this Except as permitted in paragraph section, the employer shall institute a (e)(1)(ii) of this section, the employer respiratory protection program in ac- shall use engineering and work prac- cordance with § 1910.134, which covers tice controls to reduce and maintain each employee required to use a res- employee exposure to chromium (VI) pirator. to or below the PEL unless the em- (g) Protective work clothing and equip- ployer can demonstrate that such con- ment—(1) Provision and use. Where a trols are not feasible. Wherever fea- hazard is present or is likely to be sible engineering and work practice present from skin or eye contact with controls are not sufficient to reduce chromium (VI), the employer shall pro- employee exposure to or below the vide appropriate personal protective PEL, the employer shall use them to clothing and equipment at no cost to reduce employee exposure to the lowest employees, and shall ensure that em- levels achievable, and shall supplement ployees use such clothing and equip- them by the use of respiratory protec- ment. tion that complies with the require- (2) Removal and storage. (i) The em- ments of paragraph (f) of this section. ployer shall ensure that employees re- (ii) Where the employer can dem- move all protective clothing and equip- onstrate that a process or task does ment contaminated with chromium not result in any employee exposure to (VI) at the end of the work shift or at chromium (VI) above the PEL for 30 or the completion of their tasks involving more days per year (12 consecutive chromium (VI) exposure, whichever months), the requirement to imple- comes first. ment engineering and work practice (ii) The employer shall ensure that controls to achieve the PEL does not no employee removes chromium (VI)- apply to that process or task. contaminated protective clothing or (2) Prohibition of rotation. The em- equipment from the workplace, except ployer shall not rotate employees to for those employees whose job it is to

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launder, clean, maintain, or dispose of ing facilities capable of removing chro- such clothing or equipment. mium (VI) from the skin, and shall en- (iii) When contaminated protective sure that affected employees use these clothing or equipment is removed for facilities when necessary. laundering, cleaning, maintenance, or (ii) The employer shall ensure that disposal, the employer shall ensure employees who have skin contact with that it is stored and transported in chromium (VI) wash their hands and sealed, impermeable bags or other faces at the end of the work shift and closed, impermeable containers. prior to eating, drinking, smoking, (iv) The employer shall ensure that chewing tobacco or gum, applying cos- bags or containers of contaminated metics, or using the toilet. protective clothing or equipment that (4) Eating and drinking areas. (i) are removed from change rooms for Whenever the employer allows employ- laundering, cleaning, maintenance, or ees to consume food or beverages at a disposal are labeled in accordance with worksite where chromium (VI) is the requirements of the Hazard Com- present, the employer shall ensure that munication Standard, § 1910.1200. eating and drinking areas and surfaces (3) Cleaning and replacement. (i) The are maintained as free as practicable of employer shall clean, launder, repair chromium (VI). and replace all protective clothing and (ii) The employer shall ensure that equipment required by this section as employees do not enter eating and needed to maintain its effectiveness. drinking areas with protective work (ii) The employer shall prohibit the clothing or equipment unless surface removal of chromium (VI) from protec- chromium (VI) has been removed from tive clothing and equipment by blow- the clothing and equipment by meth- ing, shaking, or any other means that ods that do not disperse chromium (VI) disperses chromium (VI) into the air or into the air or onto an employee’s onto an employee’s body. body. (iii) The employer shall inform any (5) Prohibited activities. The employer person who launders or cleans protec- shall ensure that employees do not eat, tive clothing or equipment contami- drink, smoke, chew tobacco or gum, or nated with chromium (VI) of the poten- apply cosmetics in areas where skin or tially harmful effects of exposure to eye contact with chromium (VI) oc- chromium (VI) and that the clothing curs; or carry the products associated and equipment should be laundered or with these activities, or store such cleaned in a manner that minimizes products in these areas. skin or eye contact with chromium (i) Medical surveillance—(1) General. (i) (VI) and effectively prevents the re- The employer shall make medical sur- lease of airborne chromium (VI) in ex- veillance available at no cost to the cess of the PEL. employee, and at a reasonable time and (h) Hygiene areas and practices—(1) place, for all employees: General. Where protective clothing and equipment is required, the employer (A) Who are or may be occupation- shall provide change rooms in conform- ally exposed to chromium (VI) at or ance with 29 CFR 1910.141. Where skin above the action level for 30 or more contact with chromium (VI) occurs, days a year; the employer shall provide washing fa- (B) Experiencing signs or symptoms cilities in conformance with 29 CFR of the adverse health effects associated 1915.97. Eating and drinking areas pro- with chromium (VI) exposure; or vided by the employer shall also be in (C) Exposed in an emergency. conformance with § 1915.97. (ii) The employer shall assure that (2) Change rooms. The employer shall all medical examinations and proce- assure that change rooms are equipped dures required by this section are per- with separate storage facilities for pro- formed by or under the supervision of a tective clothing and equipment and for PLHCP. street clothes, and that these facilities (2) Frequency. The employer shall prevent cross-contamination. provide a medical examination: (3) Washing facilities. (i) The employer (i) Within 30 days after initial assign- shall provide readily accessible wash- ment, unless the employee has received

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a chromium (VI) related medical exam- (5) PLHCP’s written medical opinion. ination that meets the requirements of (i) The employer shall obtain a written this paragraph within the last twelve medical opinion from the PLHCP, months; within 30 days for each medical exam- (ii) Annually; ination performed on each employee, (iii) Within 30 days after a PLHCP’s which contains: written medical opinion recommends (A) The PLHCP’s opinion as to an additional examination; whether the employee has any detected (iv) Whenever an employee shows medical condition(s) that would place signs or symptoms of the adverse the employee at increased risk of ma- health effects associated with chro- terial impairment to health from fur- mium (VI) exposure; ther exposure to chromium (VI); (v) Within 30 days after exposure dur- (B) Any recommended limitations ing an emergency which results in an upon the employee’s exposure to chro- uncontrolled release of chromium (VI); or mium (VI) or upon the use of personal (vi) At the termination of employ- protective equipment such as res- ment, unless the last examination that pirators; satisfied the requirements of paragraph (C) A statement that the PLHCP has (i) of this section was less than six explained to the employee the results months prior to the date of termi- of the medical examination, including nation. any medical conditions related to chro- (3) Contents of examination. A medical mium (VI) exposure that require fur- examination consists of: ther evaluation or treatment, and any (i) A medical and work history, with special provisions for use of protective emphasis on: past, present, and antici- clothing or equipment. pated future exposure to chromium (ii) The PLHCP shall not reveal to (VI); any history of respiratory system the employer specific findings or diag- dysfunction; any history of asthma, noses unrelated to occupational expo- dermatitis, skin ulceration, or nasal sure to chromium (VI). septum perforation; and smoking sta- (iii) The employer shall provide a tus and history; copy of the PLHCP’s written medical (ii) A physical examination of the opinion to the examined employee skin and respiratory tract; and within two weeks after receiving it. (iii) Any additional tests deemed ap- (j) Communication of chromium (VI) propriate by the examining PLHCP. hazards to employees—(1) Hazard commu- (4) Information provided to the PLHCP. nication. The employer shall include The employer shall ensure that the ex- chromium (VI) in the program estab- amining PLHCP has a copy of this lished to comply with the Hazard Com- standard, and shall provide the fol- munication Standard (HCS) lowing information: (§ 1910.1200). The employer shall ensure (i) A description of the affected em- that each employee has access to labels ployee’s former, current, and antici- on containers of chromium (VI) and pated duties as they relate to the em- safety data sheets, and is trained in ac- ployee’s occupational exposure to chro- cordance with the provisions of HCS mium (VI); and paragraph (j)(2) of this section. The (ii) The employee’s former, current, employer shall ensure that at least the and anticipated levels of occupational exposure to chromium (VI); following hazards are addressed: Can- (iii) A description of any personal cer; skin sensitization; and eye irrita- protective equipment used or to be tion. used by the employee, including when (2) Employee information and training. and for how long the employee has used (i) The employer shall ensure that each that equipment; and employee can demonstrate knowledge (iv) Information from records of em- of at least the following: ployment-related medical examina- (A) The contents of this section; and tions previously provided to the af- (B) The purpose and a description of fected employee, currently within the the medical surveillance program re- control of the employer. quired by paragraph (i) of this section.

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(ii) The employer shall make a copy data were obtained are the same as of this section readily available with- those on the job for which exposure is out cost to all affected employees. being determined; and (k) Recordkeeping—(1) Air monitoring (E) Other data relevant to the oper- data. (i) The employer shall maintain ations, materials, processing, or em- an accurate record of all air moni- ployee exposures covered by the excep- toring conducted to comply with the tion. requirements of this section. (iii) The employer shall ensure that (ii) This record shall include at least historical exposure records are main- the following information: tained and made available in accord- (A) The date of measurement for each ance with 29 CFR 1910.1020. sample taken; (3) Objective data. (i) The employer (B) The operation involving exposure shall maintain an accurate record of to chromium (VI) that is being mon- all objective data relied upon to com- itored; ply with the requirements of this sec- (C) Sampling and analytical methods tion. used and evidence of their accuracy; (ii) This record shall include at least (D) Number, duration, and the results of samples taken; the following information: (E) Type of personal protective (A) The chromium containing mate- equipment, such as respirators worn; rial in question; and (B) The source of the objective data; (F) Name, social security number, (C) The testing protocol and results and job classification of all employees of testing, or analysis of the material represented by the monitoring, indi- for the release of chromium (VI); cating which employees were actually (D) A description of the process, oper- monitored. ation, or activity and how the data (iii) The employer shall ensure that support the determination; and exposure records are maintained and (E) Other data relevant to the proc- made available in accordance with 29 ess, operation, activity, material, or CFR 1910.1020. employee exposures. (2) Historical monitoring data. (i) (iii) The employer shall ensure that Where the employer has relied on his- objective data are maintained and torical monitoring data to determine made available in accordance with 29 exposure to chromium (VI), the em- CFR 1910.1020. ployer shall establish and maintain an (4) Medical surveillance. (i) The em- accurate record of the historical moni- ployer shall establish and maintain an toring data relied upon. accurate record for each employee cov- (ii) The record shall include informa- ered by medical surveillance under tion that reflects the following condi- paragraph (i) of this section. tions: (ii) The record shall include the fol- (A) The data were collected using lowing information about the em- methods that meet the accuracy re- ployee: quirements of paragraph (d)(5) of this (A) Name and social security number; section; (B) The processes and work practices (B) A copy of the PLHCP’s written that were in use when the historical opinions; monitoring data were obtained are es- (C) A copy of the information pro- sentially the same as those to be used vided to the PLHCP as required by during the job for which exposure is paragraph (i)(4) of this section. being determined; (iii) The employer shall ensure that (C) The characteristics of the chro- medical records are maintained and mium (VI) containing material being made available in accordance with 29 handled when the historical moni- CFR 1910.1020. toring data were obtained are the same (l) Dates. (1) For employers with 20 or as those on the job for which exposure more employees, all obligations of this is being determined; section, except engineering controls re- (D) Environmental conditions pre- quired by paragraph (e) of this section, vailing when the historical monitoring commence November 27, 2006.

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(2) For employers with 19 or fewer identical to those set forth at § 1910.1047 of employees, all obligations of this sec- this chapter. tion, except engineering controls re- [61 FR 31431, June 20, 1996] quired by paragraph (e) of this section, commence May 30, 2007. § 1915.1048 Formaldehyde. (3) For all employers, engineering NOTE: The requirements applicable to ship- controls required by paragraph (e) of yard employment under this section are this section shall be implemented no identical to those set forth at § 1910.1048 of later than May 31, 2010. this chapter. [71 FR 10378, Feb. 28, 2006, as amended at 73 [61 FR 31431, June 20, 1996] FR 75587, Dec. 12, 2008; 75 FR 12686, Mar. 17, 2010; 77 FR 17889, Mar. 26, 2012] § 1915.1050 Methylenedianiline. NOTE: The requirements applicable to ship- EFFECTIVE DATE NOTE: At 84 FR 21597, May 14, 2019, § 1915.1026 was amended by removing yard employment under this section are the phrases ‘‘and social security number’’ identical to those set forth at § 1910.1050 of from paragraph (k)(4)(ii)(A) and ‘‘ , social se- this chapter. curity number,’’ from paragraph (k)(1)(ii)(F), [61 FR 31431, June 20, 1996] effective July 15, 2019. § 1915.1052 Methylene chloride. § 1915.1027 Cadmium. NOTE: The requirements applicable to ship- NOTE: The requirements applicable to shipyard employment under this section are yard employment under this section are identical to those set forth at 29 CFR identical to those set forth at § 1910.1027 of 1910.1052. this chapter. [62 FR 1619, Jan. 10, 1997] [61 FR 31431, June 20, 1996] § 1915.1053 Respirable crystalline sili- § 1915.1028 Benzene. ca. NOTE: The requirements applicable to ship- The requirements applicable to shipyard employment under this section are yard employment under this section identical to those set forth at § 1910.1028 of are identical to those set forth at this chapter. § 1910.1053 of this chapter. [61 FR 31431, June 20, 1996] [81 FR 16875, Mar. 25, 2016]

§ 1915.1030 Bloodborne pathogens. § 1915.1200 Hazard communication. NOTE: The requirements applicable to ship- NOTE: The requirements applicable to shipyard employment under this section are yard employment under this section are identical to those set forth at § 1910.1030 of identical to those set forth at § 1910.1200 of this chapter. this chapter. [61 FR 31431, June 20, 1996] [61 FR 31431, June 20, 1996]

§ 1915.1044 1,2-dibromo-3- § 1915.1450 Occupational exposure to chloropropane. hazardous chemicals in labora- NOTE: The requirements applicable to ship- tories. yard employment under this section are NOTE: The requirements applicable to ship- identical to those set forth at § 1910.1044 of yard employment under this section are this chapter. identical to those set forth at § 1910.1450 of [61 FR 31431, June 20, 1996] this chapter. [61 FR 31431, June 20, 1996] § 1915.1045 Acrylonitrile. NOTE: The requirements applicable to ship- PART 1917—MARINE TERMINALS yard employment under this section are identical to those set forth at § 1910.1045 of Subpart A—General Provisions this chapter. Sec. [61 FR 31431, June 20, 1996] 1917.1 Scope and applicability. § 1915.1047 Ethylene oxide. 1917.2 Definitions. 1917.3 Incorporation by reference. NOTE: The requirements applicable to ship- 1917.4 OMB control numbers under the Pa- yard employment under this section are perwork Reduction Act.

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1917.5 Compliance duties owed to each em- 1917.95 Other protective measures. ployee. 1917.96 Payment for protective equipment.

Subpart B—Marine Terminal Operations Subpart F—Terminal Facilities 1917.11 Housekeeping. 1917.111 Maintenance and load limits. 1917.12 Slippery conditions. 1917.112 Guarding of edges. 1917.13 Slinging. 1917.113 Clearance heights. 1917.14 Stacking of cargo and pallets. 1917.114 Cargo doors. 1917.15 Coopering. 1917.115 Platforms and skids. 1917.16 Line handling. (See also § 1917.95(b)). 1917.116 Elevators and escalators. 1917.17 Railroad facilities. 1917.117 Manlifts. 1917.18 Log handling. 1917.118 Fixed ladders. 1917.19 Movement of barges and railcars. 1917.119 Portable ladders. 1917.20 Interference with communications. 1917.120 Fixed stairways. 1917.21 Open fires. 1917.121 Spiral stairways. 1917.22 Hazardous cargo (See § 1917.2(p)). 1917.122 Employee exits. 1917.23 Hazardous atmospheres and sub- 1917.123 Illumination. stances (see also § 1917.2 Hazardous cargo, 1917.124 Dockboards (car and bridge plates). material, substance or atmosphere). 1917.125 Guarding temporary hazards. 1917.24 Carbon monoxide. 1917.126 River banks. 1917.25 Fumigants, pesticides, insecticides 1917.127 Sanitation. and hazardous preservatives (see also 1917.128 Signs and marking. § 1917.2 Hazardous cargo, material, substance or atmosphere). Subpart G—Related Terminal Operations 1917.26 First aid and lifesaving facilities. and Equipment 1917.27 Personnel. 1917.28 Hazard communication (See also 1917.151 Machine guarding. § 1917.1(a)(2)(vi)). 1917.152 Welding, cutting and heating (hot 1917.29 Retention of DOT markings, plac- work) (See also § 1917.2, definition of Haz- ards and labels. ardous cargo, materials, substance, or at- 1917.30 Emergency action plans. mosphere). 1917.153 Spray painting (See also § 1917.2, Subpart C—Cargo Handling Gear and definition of Hazardous cargo, materials, Equipment substance, or atmosphere). 1917.154 Compressed air. 1917.41 House falls. 1917.155 Air receivers. 1917.42 Miscellaneous auxiliary gear. 1917.156 Fuel handling and storage. 1917.43 Powered industrial trucks. 1917.157 Battery charging and changing. 1917.44 General rules applicable to vehicles. 1917.158 Prohibited operations. 1917.45 Cranes and derricks (See also APPENDIX I TO PART 1917—SPECIAL CARGO § 1917.50). GEAR AND CONTAINER SPREADER TEST RE- 1917.46 Load indicating devices. QUIREMENTS (MANDATORY) [SEE 1917.47 Winches. § 1917.50(c)(5)] 1917.48 Conveyors. 1917.49 Spouts, chutes, hoppers, bins, and AUTHORITY: 33 U.S.C. 941; 29 U.S.C. 653, 655, associated equipment. 657; Secretary of Labor’s Order No. 12–71 (36 1917.50 Certification of marine terminal ma- FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), terial handling devices (See also manda- 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 tory appendix I, of this part). FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 1917.51 Hand tools. 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. Subpart D—Specialized Terminals Section 1917.28 also issued under 5 U.S.C. 553. 1917.70 General. Section 1917.29 also issued under 49 U.S.C. 1917.71 Terminals handling intermodal con- 1801–1819 and 5 U.S.C. 553. tainers or roll-on roll-off operations. SOURCE: 48 FR 30909, July 5, 1983, unless 1917.73 Terminal facilities handling menha- otherwise noted. den and similar species of fish (see also § 1917.2, definition of hazardous cargo, material, substance or atmosphere). Subpart A—General Provisions

Subpart E—Personal Protection § 1917.1 Scope and applicability. 1917.91 Eye and face protection. (a) The regulations of this part apply 1917.92 Respiratory protection. to employment within a marine ter- 1917.93 Head protection. minal as defined in § 1917.2, including 1917.94 Foot protection. the loading, unloading, movement or

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other handling of cargo, ship’s stores with Department of Transportation or or gear within the terminal or into or International Maritime Organization out of any land carrier, holding or con- requirements; 1 solidation area, any other activity (B) Bloodborne pathogens, § 1910.1030; within and associated with the overall (C) Carbon monoxide, § 1910.1000 (See operation and functions of the ter- § 1917.24(a)); and minal, such as the use and routine (D) Hydrogen sulfide, § 1910.1000 (See maintenance of facilities and equip- § 1917.73(a)(2)); and ment. All cargo transfer accomplished (E) Hexavalent chromium § 1910.1026 with the use of shore-based material (See § 1915.1026) handling devices shall be regulated by (xiv) Powered industrial truck oper- this part. ator training, Subpart N, § 1910.178(1). (1) The provisions of this part 1917 do not apply to the following: NOTE TO PARAGRAPH (a)(2)(xiv): The compli- (i) Facilities used solely for the bulk ance dates of December 1, 1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, storage, handling and transfer of flam- 2000 for Marine Terminals. mable, non-flammable and combustible liquids and gases. (b) Section 1915.1026 applies to any (ii) Facilities subject to the regula- occupational exposures to hexavalent tions of the Office of Pipeline Safety chromium in workplaces covered by Regulation of the Materials Transpor- this part. tation Bureau, Department of Trans- [48 FR 30909, July 5, 1983, as amended at 52 portation, to the extent such regula- FR 36026, Sept. 25, 1987; 52 FR 49624, Dec. 31, tions apply. 1987; 62 FR 40196, July 25, 1997; 63 FR 66274, (iii) Fully automated bulk coal han- Dec. 1, 1998; 64 FR 46847, Aug. 27, 1999; 65 FR dling facilities contiguous to electrical 40938, June 30, 2000; 71 FR 10381, Feb. 28, 2006] power generating plants. (2) Part 1910 of this chapter does not § 1917.2 Definitions. apply to marine terminals except for Apron means that open portion of a the following provisions: marine terminal immediately adjacent (i) Abrasive blasting. Subpart G, to a vessel berth and used in the direct § 1910.94(a); transfer of cargo between the terminal (ii) Access to employee exposure and and vessel. medical records. Subpart Z, § 1910.1020; Authorized, in reference to an em- (iii) Commercial diving operations. Sub- ployee’s assignment, means selected by part T of part 1910; the employer for that purpose. (iv) Electrical. Subpart S of part 1910; Cargo door (transit shed door) means (v) Grain handling facilities. Subpart a door designed to permit transfer of R, § 1910.272; cargo to and from a marine terminal (vi) Hazard communication. Subpart Z, structure. § 1910.1200; Cargo packaging means any method of (vii) Ionizing radiation. Subpart Z, containment for shipment, including § 1910.1096; cases, cartons, crates and sacks, but (viii) Noise. Subpart G, § 1910.95; excluding large units such as inter- (ix) Nonionizing radiation. Subpart G, modal containers, vans or similar de- § 1910.97; vices. (x) Respiratory protection. Subpart I, Confined space means: § 1910.134; (1) A space having all of the following (xi) Safety requirements for scaffolding. characteristics: Subpart D, § 1910.28; (i) Small size; (xii) Servicing multi-piece and single (ii) Severely limited natural ventila- piece rim wheels. Subpart N, § 1910.177; tion; (xiii) Toxic and hazardous substances. Subpart Z applies to marine cargo han- 1 dling activities except for the fol- The International Maritime Organization publishes the International Maritime Dan- lowing: gerous Goods Code to aid compliance with (A) When a substance or cargo is con- the international legal requirements of the tained within a sealed, intact means of International Convention for the Safety of packaging or containment complying Life at Sea, 1960.

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(iii) Capability to accumulate or con- examination is supplemented by a unit tain a hazardous atmosphere; proof test in the case of a quadrennial (iv) Exits that are not readily acces- survey. sible; and Flammable atmosphere means an at- (v) A design not meant for contin- mosphere containing more than 10 per- uous human occupancy. cent of the lower flammable limit of a (2) Examples of confined spaces are flammable or combustible vapor or intermodal tank containers, bailwater dust mixed with air. tanks and portable tanks. Front-end attachments. (1) As applied Conveyor means a device designed ex- to power-operated industrial trucks, clusively for transporting bulk mate- means the various devices, such as roll rials, packages or objects in a predeter- clamps, rotating and sideshifting car- mined path and having fixed or selec- riages, magnets, rams, crane arms or tive points of loading or discharge. booms, load stabilizers, scoops, buckets Danger zone means any place in or and dumping bins, attached to the load about a machine or piece of equipment end for handling lifts as single or mul- where an employee may be struck by tiple units. or caught between moving parts, (2) As applied to cranes, means var- caught between moving and stationary ious attachments applied to the basic objects or parts of the machine, caught machine for the performance of func- between the material and a moving tions such as lifting, clamshell or mag- part of the machine, burned by hot sur- net services. faces or exposed to electric shock. Ex- Fumigant is a substance or mixture of amples of danger zones are nip and substances, used to kill pests or pre- shear points, shear lines, drive mecha- vent infestation, which is a gas or is nisms, and areas beneath counter- rapidly or progressively transformed to weights. the gaseous state, even though some Designated person means a person who nongaseous or particulate matter may possesses specialized abilities in a spe- remain and be dispersed in the treat- cific area and is assigned by the em- ment space. ployer to perform a specific task in Hazardous cargo, material, substance or that area. atmosphere means: Dock means a wharf or pier forming (1) Any substance listed in 29 CFR all or part of a waterfront facility, in- part 1910, subpart Z; cluding marginal or quayside berthing (2) Any material in the Hazardous facilities; not to be confused with Materials Table and Hazardous Mate- ‘‘loading dock’’ as at a transit shed or rials Communications Regulations of container freight station, or with the the Department of Transportation, 49 body of water between piers or CFR part 172; wharves. (3) Any article not properly described Dockboards (car and bridge plates) by a name in the Hazardous Materials mean devices for spanning short dis- Table and Hazardous Materials Com- tances between rail cars or highway ve- munications Regulations of the De- hicles and loading platforms that do partment of Transportation, 49 CFR not expose employees to falls greater part 172 but which is properly classified than 4 feet (1.22 m). under the definition of those categories Enclosed space means an indoor space, of dangerous articles given in 49 CFR other than a confined space, that may Part 173; or contain or accumulate a hazardous at- (4) Any atmosphere with an oxygen mosphere due to inadequate natural content of less than 19.5%. ventilation. Examples of enclosed House falls means spans and sup- spaces are trailers, railcars, and stor- porting members, winches, blocks, and age rooms. standing and running rigging forming Examination, as applied to material part of a marine terminal and used handling devices required by this part with a vessel’s cargo gear to load or to be certificated, means a comprehen- unload by means of married falls. sive survey consisting of the criteria Inspection, as applied to material outlined in 29 CFR 1919.71(d) as applica- handling devices required by this part ble to the type of gear or device. The to be certificated, means a complete

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visual examination of all visible parts § 1917.3 Incorporation by reference. of the device. (a) (1) The standards of agencies of Intermodal container means a reusable the U.S. Government, and organiza- cargo container of a rigid construction tions which are not agencies of the and rectangular configuration; fitted U.S. Government which are incor- with devices permitting its ready han- porated by reference in this part, have dling, particularly its transfer from the same force and effect as other one mode of transport to another; so standards in this part. Only the manda- designed to be readily filled and tory provisions (i.e. provisions con- emptied; intended to contain one or taining the word ‘‘shall’’ or other man- more articles of cargo or bulk commod- datory language) of standards incor- ities for transportation by water and porated by reference are adopted as one or more other transport modes. standards under the Occupational Safe- The term includes completely enclosed ty and Health Act. units, open top units, fractional height (2) The standards listed in paragraph units, units incorporating liquid or gas (b) of this section are incorporated by tanks and other variations fitting into reference in the corresponding sections the container system. It does not in- noted as the sections exist on the date clude cylinders, drums, crates, cases, of the approval, and a notice of any cartons, packages, sacks, unitized change in these standards will be pub- loads or any other form of packaging. lished in the FEDERAL REGISTER. The Loose gear means removable and re- Director of the Federal Register ap- placeable components of equipment or proved these incorporations by ref- devices which may be used with or as a erence in accordance with 5 U.S.C. part of assembled material handling 552(a) and 1 CFR part 51. units for purposes such as making con- (3) Any changes in the standards in- nections, changing line direction and corporated by reference in this part multiplying mechanical advantage. Ex- and an official historic file of such amples are shackles and snatch blocks. changes are available for inspection in Marine terminal means wharves, bulk- the Docket Office at the national office heads, quays, piers, docks and other of the Occupational Safety and Health berthing locations and adjacent stor- Administration, U.S. Department of age or adjacent areas and structures Labor, Washington, DC 20910; tele- associated with the primary movement phone: 202–693–2350 (TTY number: 877– of cargo or materials from vessel to 889–5627). shore or shore to vessel including (4) Copies of standards listed in this structures which are devoted to receiv- section and issued by private standards ing, handling, holding, consolidating organizations are available for pur- and loading or delivery of waterborne chase from the issuing organizations at shipments or passengers, including the addresses or through the other con- areas devoted to the maintenance of tact information listed below for these the terminal or equipment. The term private standards organizations. In ad- does not include production or manu- dition, these standards are available facturing areas nor does the term infor inspection at the National Archives clude storage facilities directly associ- and Records Administration (NARA). ated with those production or manufac- For information on the availability of turing areas. this material at NARA, telephone: 202– Ramps mean other flat-surface de- 741–6030, or go to http:// vices for passage between levels and www.archives.gov/federallregister/ across openings not covered under codeloflfederallregulations/ ‘‘dockboards.’’ ibrllocations.html. Also, the material is Ship’s stores means materials that are available for inspection at any Re- aboard a vessel for the upkeep, mainte- gional Office of the Occupational Safe- nance, safety, operation, or navigation ty and Health Administration (OSHA), of the vessel, or for the safety or com- or at the OSHA Docket Office, U.S. De- fort of the vessel’s passengers or crew. partment of Labor, 200 Constitution [48 FR 30909, July 5, 1983, as amended at 62 Avenue, NW., Room N–2625, Wash- FR 40196, July 25, 1997; 65 FR 40938, June 30, ington, DC 20210; telephone: 202–693–2350 2000; 76 FR 33610, June 8, 2011] (TTY number: 877–889–5627).

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(b) Except as noted, copies of the (i) American National Standards In- standards listed below in this para- stitute’s e-Standards Store, 25 W 43rd graph are available for purchase from Street, 4th Floor, New York, NY 10036; the American National Standards In- telephone: (212) 642–4980; Web site: stitute (ANSI), 25 West 43rd Street, 4th http://webstore.ansi.org/; Floor, New York, NY 10036; telephone: (ii) IHS Standards Store, 15 Inverness 212–642–4900; fax: 212–398–0023; Web site: Way East, Englewood, CO 80112; tele- http://www.ansi.org. phone: (877) 413–5184; Web site: http:// (1) ANSI A14.1–1990, Safety Require- global.ihs.com; or ments for Portable Wood Ladders; IBR (iii) TechStreet Store, 3916 Ranchero approved for § 1917.119(c). Dr., Ann Arbor, MI 48108; telephone: (2) ANSI A14.2–1990, Safety Require- ments for Portable Metal Ladders; IBR (877) 699–9277; Web site: http:// approved for § 1917.119(c). techstreet.com. (3) ANSI A14.5–1992, Safety Require- (8) ANSI Z87.1–1989 (R–1998), Practice ments for Portable Reinforced Plastic for Occupational and Educational Eye Ladders; IBR approved for § 1917.119(c). and Face Protection, Reaffirmation ap- (4) ANSI Z41–1999, American National proved January 4, 1999; IBR approved Standard for Personal Protection—Pro- for § 1917.91(a). Copies are available for tective Footwear; IBR approved for purchase from: § 1917.94(b)(1)(ii). Copies of ANSI Z41– (i) American National Standards In- 1999 are available for purchase only stitute’s e-Standards Store, 25 W 43rd from the National Safety Council, P.O. Street, 4th Floor, New York, NY 10036; Box 558, Itasca, IL 60143–0558; tele- telephone: (212) 642–4980; Web site: phone: 1–800–621–7619; fax: 708–285–0797; http://webstore.ansi.org/; Web site: http://www.nsc.org. (ii) IHS Standards Store, 15 Inverness (5) ANSI Z41–1991, American National Way East, Englewood, CO 80112; tele- Standard for Personal Protection—Pro- phone: (877) 413–5184; Web site: http:// tective Footwear; IBR approved for global.ihs.com; or § 1917.94(b)(1)(iii). Copies of ANSI Z41– (iii) TechStreet Store, 3916 Ranchero 1991 are available for purchase only Dr., Ann Arbor, MI 48108; telephone: from the National Safety Council, P.O. Box 558, Itasca, IL 60143–0558; tele- (877) 699–9277; Web site: http:// phone: 1–800–621–7619; fax: 708–285–0797; techstreet.com. Web site: http://www.nsc.org. (9) American National Standards In- (6) ANSI/ISEA Z87.1–2010, Occupa- stitute (ANSI) Z89.1–2009, American Na- tional and Educational Personal Eye tional Standard for Industrial Head and Face Protection Devices, Approved Protection, approved January 26, 2009; April 13, 2010; IBR approved for IBR approved for § 1917.93(b)(1)(i). Cop- § 1917.91(a). Copies are available for pur- ies of ANSI Z89.1–2009 are available for chase from: purchase only from the International (i) American National Standards In- Safety Equipment Association, 1901 stitute’s e-Standards Store, 25 W 43rd North Moore Street, Arlington, VA Street, 4th Floor, New York, NY 10036; 22209–1762; telephone: 703–525–1695; fax: telephone: (212) 642–4980; Web site: 703–528–2148; Web site: http://webstore.ansi.org/; www.safetyequipment.org. (ii) IHS Standards Store, 15 Inverness (10) American National Standards In- Way East, Englewood, CO 80112; tele- stitute (ANSI) Z89.1–2003, American Na- phone: (877) 413–5184; Web site: http:// tional Standard for Industrial Head global.ihs.com; or Protection; IBR approved for (iii) TechStreet Store, 3916 Ranchero § 1917.93(b)(1)(ii). Copies of ANSI Z89.1– Dr., Ann Arbor, MI 48108; telephone: 2003 are available for purchase only (877) 699–9277; Web site: http:// techstreet.com. from the International Safety Equip- (7) ANSI Z87.1–2003, Occupational and ment Association, 1901 North Moore Educational Personal Eye and Face Street, Arlington, VA 22209–1762; tele- Protection Devices, Approved April 13, phone: 703–525–1695; fax: 703–528–2148; 2010; IBR approved for § 1917.91(a). Cop- Web site: www.safetyequipment.org. ies available for purchase from the:

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(11) American National Standards In- 29 CFR citation OMB control stitute (ANSI) Z89.1–1997, American Na- number. tional Standard for Personnel Protec- 1917.26(d)(7) ...... 1218–0196 tion—Protective Headwear for Indus- 1917.30(a)(1) ...... 1218–0196 trial Workers—Requirements; IBR ap- 1917.30(a)(5)(iii) ...... 1218–0196 1917.42(b)(1) ...... 1218–0196 proved for § 1917.93(b)(1)(iii). Copies of 1917.42(b)(4) ...... 1218–0196 ANSI Z89.1–1997 are available for pur- 1917.42(c)(1) ...... 1218–0196 chase only from the International Safe- 1917.42(d)(1) ...... 1218–0196 ty Equipment Association, 1901 North 1917.42(g)(3) ...... 1218–0003 1917.42(h)(1) ...... 1218–0196 Moore Street, Arlington, VA 22209–1762; 1917.42(h)(4) ...... 1218–0003 telephone: 703–525–1695; fax: 703–528– 1917.42(h)(5) ...... 1218–0196 2148; Web site: www.safetyequipment.org. 1917.44(e) ...... 1218–0196 1917.44(h) ...... 1218–0196 (12) ASME B56.1, 1959, Safety Code for 1917.45(f)(1)(i) ...... 1218–0196 Powered Industrial Trucks, pages 8 and 1917.45(f)(4)(iv) ...... 1218–0196 13; IBR approved for § 1917.50(j)(1). 1917.45(f)(6) ...... 1218–0196 (c) Copies of the following standards 1917.45(g)(2) ...... 1218–0196 1917.45(g)(3)(iii) ...... 1218–0196 are available for purchase from ASTM 1917.45(g)(8) ...... 1218–0196 International, 100 Barr Harbor Drive, 1917.45(k)(1) ...... 1218–0196 P.O. Box C700, West Conshohocken, PA 1917.45(k)(4) ...... 1218–0196 1917.46(a)(1)(v) ...... 1218–0196 19428–2959; telephone: 610–832–9585; fax: 1917.50(c)(1) ...... 1218–0003 610–832–9555; e-mail: seviceastm.org; Web 1917.50(c)(3) ...... 1218–0003 site: http://www.astm.org: 1917.50(c)(4)(i) ...... 1218–0003 1917.50(c)(5)(ii) ...... 1218–0003 (1) ASTM F–2412–2005, Standard Test 1917.50(c)(5)(iii) ...... 1218–0003 Methods for Foot Protection; IBR ap- 1917.50(e) ...... 1218–0003 proved for § 1917.94(b)(1)(i). 1917.50(g)(1) ...... 1218–0003 (2) ASTM F–2413–2005, Standard Spec- 1917.50(h) ...... 1218–0003 1917.71(a) ...... 1218–0196 ification for Performance Require- 1917.71(b)(2)(i) ...... 1218–0196 ments for Protective Footwear; IBR 1917.71(b)(2)(ii) ...... 1218–0196 approved for § 1917.94(b)(1)(i). 1917.71(b)(6)(ii) ...... 1218–0196 1917.71(f)(4) ...... 1218–0196 [62 FR 40196, July 25, 1997, as amended at 65 1917.111(b) ...... 1218–0196 FR 40938, June 30, 2000; 69 FR 18803, Apr. 9, 1917.113 ...... 1218–0196 2004; 74 FR 46358, Sept. 9, 2009; 77 FR 37599, 1917.115(c) ...... 1218–0196 1917.116(e) ...... 1218–0196 June 22, 2012; 81 FR 16091, Mar. 25, 2016] 1917.116(g) ...... 1218–0196 1917.117(a) ...... 1218–0196 § 1917.4 OMB control numbers under 1917.117(b) ...... 1218–0196 the Paperwork Reduction Act. 1917.117(d) ...... 1218–0196 1917.117(e) ...... 1218–0196 The following list identifies the 29 1917.117(f) ...... 1218–0196 CFR citations for sections or para- 1917.117(l) ...... 1218–0196 graphs in this part that contain a col- 1917.118(e)(4)(i) ...... 1218–0196 1917.119(e) ...... 1218–0196 lection of information requirement ap- 1917.122(a) ...... 1218–0196 proved by the Office of Management 1917.122(b) ...... 1218–0196 and Budget (OMB). The list also pro- 1917.128(b)(1)–(b)(4) ...... 1218–0196 1917.151(e)(5) ...... 1218–0196 vides the control number assigned by 1917.152(d)(2)(v) ...... 1218–0196 OMB to each approved requirement; 1917.152(d)(2)(vi) ...... 1218–0196 control number 1218–0196 expires on May 31, 2002 and control number 1218– [64 FR 61505, Nov. 12, 1999] 0003 expires on July 31, 2001. The list follows: § 1917.5 Compliance duties owed to each employee. OMB control 29 CFR citation number. (a) Personal protective equipment. Standards in this part requiring the 1917.17(n) ...... 1218–0196 1917.17(o) ...... 1218–0196 employer to provide personal protec- 1917.23(b)(1) ...... 1218–0196 tive equipment (PPE), including res- 1917.23(b)(2) ...... 1218–0196 pirators and other types of PPE, be- 1917.23(d)(4) ...... 1218–0196 1917.24(b) ...... 1218–0196 cause of hazards to employees impose a 1917.24(d) ...... 1218–0196 separate compliance duty with respect 1917.25(a) ...... 1218–0196 to each employee covered by the re- 1917.25(b) ...... 1218–0196 1917.25(c) ...... 1218–0196 quirement. The employer must provide 1917.25(f) ...... 1218–0196 PPE to each employee required to use

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the PPE, and each failure to provide § 1917.13 Slinging. PPE to an employee may be considered (a) Drafts shall be safely slung before a separate violation. being hoisted. Loose dunnage or debris (b) Training. Standards in this part requiring training on hazards and re- hanging or protruding from loads shall lated matters, such as standards re- be removed. quiring that employees receive train- (b) Bales of cotton, wool, cork, wood ing or that the employer train employ- pulp, gunny bags or similar articles ees, provide training to employees, or shall be hoisted only by straps strong institute or implement a training pro- enough to support the weight of the gram, impose a separate compliance bale. At least two hooks, each in a sep- duty with respect to each employee arate strap, shall be used. covered by the requirement. The em- (c) Unitized loads bound by bands or ployer must train each affected em- straps may be hoisted by the banding ployee in the manner required by the or strapping only if the banding or standard, and each failure to train an strapping is suitable for hoisting and is employee may be considered a separate strong enough to support the weight of violation. the load. (d) Additional means of hoisting shall [73 FR 75587, Dec. 12, 2008] be employed to ensure safe lifting of unitized loads having damaged banding Subpart B—Marine Terminal or strapping. Operations (e) Case hooks shall be used only with cases designed to be hoisted by § 1917.11 Housekeeping. these hooks. (a) Active work areas shall be kept (f) Loads requiring continuous man- free of equipment and materials not in ual guidance during handling shall be use, and clear of debris, projecting guided by guide ropes (tag lines) that nails, strapping and other sharp objects are long enough to control the load. not necessary for the work in progress. (g) Intermodal containers shall be (b) Hatch beams, covers and pontoons handled in accordance with § 1917.71(f). placed in terminal working areas shall (h) The employer shall require em- be stowed in stable piles with beams se- ployees to stay clear of the area be- cured against tipping or falling. Alter- neath overhead drafts or descending natively, beams may be laid on their lifting gear. sides. When beams and pontoons are (i) Employees shall not be permitted stowed in tiers more than one high, to ride the hook or the load. dunnage or other suitable material shall be used under and between tiers. [48 FR 30909, July 5, 1983, as amended at 62 (c) Cargo and material shall not ob- FR 40197, July 25, 1997] struct access to vessels, cranes, vehicles or buildings. Means of access and § 1917.14 Stacking of cargo and pallets. egress within buildings shall be simi- Cargo, pallets and other material larly unobstructed. stored in tiers shall be stacked in such (d) Dunnage, lumber, or shoring ma- a manner as to provide stability terial in which there are visibly pro- against sliding and collapse. truding nails shall be removed from the immediate work area or if left in the § 1917.15 Coopering. area, the nails shall be rendered harm- Repair and reconditioning of dam- less. aged or leaking cargo packaging (coop- [48 FR 30909, July 5, 1983, as amended at 62 ering) shall be performed so as not to FR 40196, July 25, 1997] endanger employees.

§ 1917.12 Slippery conditions. § 1917.16 Line handling. (See also The employer shall eliminate, to the § 1917.95(b)). extent possible, conditions causing (a) In order to provide safe access for slippery working and walking surfaces handling lines while mooring and in immediate work areas used by em- unmooring vessels, cargo or material ployees. shall not be stowed or vehicles placed

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where they obstruct the work surface doors while they are being opened and to be used. closed. (b) When stringpiece or apron width (j) Only railcar door openers or pow- is insufficient for safe footing, grab ered industrial trucks equipped with lines or rails shall be installed on the door opening attachments shall be used sides of permanent structures. to open jammed doors. (‘‘Stringpiece’’ means a narrow walk- (k) Employees shall not remain in or way between the water edge of a berth on gondolas or flat cars when drafts and a shed or other structure.) that create overhead, caught-in, caught-between or struck-by hazards § 1917.17 Railroad facilities. are being landed in or on the railcar; (a) Work shall be performed in rail- end gates, if raised, shall be secured. cars only if floors of the railcars are in (l) Operators of railcar dumps shall visibly safe condition for the work ac- have an unrestricted view of dumping tivity being conducted and equipment operations and shall have emergency being used. means of stopping movement. (b) A route shall be established to (m) Recessed railroad switches shall allow employees to pass to and from be enclosed to provide a level surface. places of employment without passing (n) Warning signs shall be posted under, over or through railcars, or be- where doorways open onto tracks, at tween cars less than 10 feet (3 m) apart blind corners and at similar places on the same track. (c) The employer shall direct that no where vision may be restricted. employees remain in railcars after (o) Warning signs shall be posted if work is concluded. insufficient clearance for personnel ex- (d) Railcars shall be chocked or oth- ists between railcars and structures. erwise prevented from moving: [48 FR 30909, July 5, 1983, as amended at 62 (1) While dockboards or carplates are FR 40197, July 25, 1997] in position; or (2) While employees are working § 1917.18 Log handling. within, on or under the railcars or near (a) The employer shall ensure that the tracks at the ends of the cars. structures (bunks) used to contain logs (e) When employees are working in, have rounded corners and rounded on, or under a railcar, positive means structural parts to avoid sling damage. shall be taken to protect them from exposure to impact from moving railcars. (b) Two or more binders or equiva- (f) Before cars are moved, unsecured lently safe means of containment shall and overhanging stakes, wire straps, remain on logging trucks and railcars banding and similar objects shall be re- to secure logs during movement of the moved or placed so as not to create truck or car within the terminal. Dur- hazards. ing unloading, logs shall be prevented (g) The employer shall institute all from moving while binders are being necessary controls during railcar removed. movement to safeguard personnel. If (c) Logs shall be hoisted by two winches or capstans are employed for slings or by other gear designed for movement, employees shall stand clear safe hoisting. of the hauling rope and shall not stand (d) Logs placed adjacent to vehicle between the rope and the cars. curbs on the dock shall not be over one (h) Before being opened fully, doors tier high unless placed in bunks or so shall be opened slightly to ensure that stacked as not to roll or otherwise cre- the load has not shifted during transit. ate a hazard to employees. Special precautions shall be taken if (e) Before logs are slung up from the the doors being opened are visibly dam- dock, they shall be stably supported to aged. prevent spreading and to allow passage (i) If powered industrial trucks are of slings beneath the load. When bunks used to open railcar doors, the trucks or similar retaining devices are used, or the railcar doors shall be equipped no log shall be higher than the stan- with door opening attachments. Em- chions or retaining members of the de- ployees shall stand clear of the railcar vice.

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§ 1917.19 Movement of barges and rail- § 1917.23 Hazardous atmospheres and cars. substances (see also § 1917.2 Haz- Barges and railcars shall not be ardous cargo, material, substance or atmosphere). moved by cargo runners (running rigging) from vessel cargo booms, cranes (a) Purpose and scope. This section or other equipment not suitable for the covers areas in which the employer is purpose. aware that a hazardous atmosphere or substance may exist, except where one § 1917.20 Interference with commu- or more of the following sections apply: nications. § 1917.22 Hazardous cargo; § 1917.24 Car- Cargo handling operations shall not bon monoxide; § 1917.25 Fumigants, pes- be carried on when noise-producing, ticides, insecticides and hazardous pre- maintenance, construction or repair servatives; § 1917.73 Terminal facilities work interferes with the communica- handling menhaden and similar species tion of warnings or instructions. of fish; § 1917.152 Welding, cutting, and heating (hot work); and § 1917.153 Spray [62 FR 40197, July 25, 1997] painting. § 1917.21 Open fires. (b) Determination of hazard. (1) When the employer is aware that a room, Open fires and fires in drums or simi- building, vehicle, railcar, or other lar containers are prohibited. space contains or has contained a haz- § 1917.22 Hazardous cargo 2 (See ardous atmosphere, a designated and § 1917.2(p)). appropriately equipped person shall test the atmosphere before employee (a) Before cargo handling operations entry to determine whether a haz- begin, the employer shall ascertain ardous atmosphere exists. whether any hazardous cargo is to be (2) Records of results of any tests re- handled and shall determine the nature quired by this section shall be main- of the hazard. The employer shall in- tained for at least thirty (30) days. form employees of the nature of any (c) Testing during ventilation. When hazard and any special precautions to mechanical ventilation is used to be taken to prevent employee exposure, maintain a safe atmosphere, tests shall and shall instruct employees to notify him of any leaks or spills. be made by a designated person to en- (b) All hazardous cargo shall be slung sure that the atmosphere is not haz- and secured so that neither the draft ardous. nor individual packages can fall as a (d) Entry into hazardous atmospheres. result of tipping the draft or slacking Only designated persons shall enter of the supporting gear. hazardous atmospheres, in which case (c) If hazardous cargo is spilled or if the following shall apply: its packaging leaks, employees shall be (1) Persons entering a space con- removed from the affected area until taining a hazardous atmosphere shall the employer has ascertained the spe- be protected by respiratory and emer- cific hazards, provided any equipment, gency protective equipment meeting clothing and ventilation and fire pro- the requirements of subpart E of this tection equipment necessary to elimi- part; nate or protect against the hazard, and (2) Persons entering a space con- has instructed cleanup employees in a taining a hazardous atmosphere shall safe method of cleaning up and dis- be instructed in the nature of the haz- posing of a spill and handling and dis- ard, precautions to be taken, and the posing of leaking containers. Actual use of protective and emergency equip- cleanup or disposal work shall be con- ment. Standby observers, similarly ducted under the supervision of a des- equipped and instructed, shall continu- ignated person. ously monitor the activity of employees within such space; (3) Except for emergency or rescue 2 The Department of Transportation and the United States Coast Guard apply require- operations, employees shall not enter ments related to handling, storing and trans- into any atmosphere which has been portation of hazardous cargo (see 33 CFR identified as flammable or oxygen defi- part 126, 46 CFR, 49 CFR). cient (less than 19.5% oxygen). Persons

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who may be required to enter flam- § 1917.25 Fumigants, pesticides, insec- mable or oxygen deficient atmospheres ticides and hazardous preservatives in emergency operations shall be in- (see also § 1917.2 Hazardous cargo, structed in the dangers attendant to material, substance or atmosphere). those atmospheres and instructed in (a) At any time that the concentra- the use of self-contained breathing ap- tion in any space reaches the level paratus, which shall be utilized. specified as hazardous by the fumigant (4) To prevent inadvertent employee manufacturer or by Table Z-1 of 29 CFR entry into spaces that have been iden- 1910.1000, whichever is lower, all em- tified as having hazardous, flammable ployees shall be removed from the or oxygen deficient atmospheres, ap- space and shall not be permitted to re- propriate warning signs or equivalent enter until such time as tests dem- means shall be posted at all means of onstrate that the atmosphere is safe. access to those spaces. (b) Tests to determine the atmos- (e) When the packaging of asbestos pheric concentration of chemicals used cargo leaks, spillage shall be cleaned to treat cargo shall be: up by designated employees protected (1) Appropriate for the hazard in- from the harmful effects of asbestos as volved; required by § 1910.1001 of this chapter. (2) Conducted by designated persons; and [48 FR 30909, July 5, 1983, as amended at 49 (3) Performed at the intervals nec- FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997; 65 FR 40938, essary to ensure that employee expo- June 30, 2000] sure does not exceed the permissible exposure limit for the chemical in- § 1917.24 Carbon monoxide. volved. (c) Results of any tests shall be avail- (a) Exposure limits. The carbon mon- able for at least 30 days. Such records oxide content of the atmosphere in a may be entered on any retrievable me- room, building, vehicle, railcar, or any dium, and shall be available for inspec- enclosed space shall be maintained at tion. not more than 50 parts per million (d) Chemicals shall only be applied to (ppm) (0.005%) as an eight hour average cargoes by designated persons. area level and employees shall be re- (e) Only designated persons shall moved from the enclosed space if the enter hazardous atmospheres, in which carbon monoxide concentration ex- case the following provisions apply. ceeds a ceiling of 100 ppm (0.01%). (1) Persons entering a space con- (b) Testing. Tests to determine carbon taining a hazardous atmosphere shall monoxide concentration shall be made be protected by respiratory and emer- when necessary to ensure that em- gency protective equipment meeting ployee exposure does not exceed the the requirements of subpart E of this limits specified in paragraph (a) of this part; and section. (2) Persons entering a space con- (c) Instrumentation. Tests for carbon taining a hazardous atmosphere shall monoxide concentration shall be made be instructed in the nature of the haz- by designated persons using gas detec- ard, precautions to be taken, and the tor tube units certified by NIOSH use of protective and emergency equip- under 30 CFR part 11 or other meas- ment. Standby observers, similarly uring instruments whose accuracy is as equipped and instructed, shall continu- great or greater. ously monitor the activity of employ- (d) Records. A record of the date, ees within such a space. time, location and results of carbon (f) Signs shall be clearly posted monoxide tests shall be available for at where fumigants, pesticides or haz- least thirty (30) days. ardous preservatives have created a [48 FR 30909, July 5, 1983, as amended at 49 hazardous atmosphere. These signs FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, shall note the danger, identify specific 1996; 62 FR 40197, July 25, 1997] chemical hazards, and give appropriate information and precautions, including

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instructions for the emergency treat- provided for making vertical patient ment of employees affected by any lifts at container berths. Stretchers for chemical in use. vertical lifts shall have foot plates. (g) In the case of containerized ship- (6) Stretchers shall be maintained in ments of fumigated tobacco, the con- operable condition. Struts and braces tents of the container shall be aerated shall be inspected for damage. Wire by opening the container doors for a mesh shall be secured and have no period of 48 hours after the completion burrs. Damaged stretchers shall not be of fumigation and prior to loading. used until repaired. When tobacco is within shipping cases (7) Stretchers in permanent locations having polyethylene or similar bag lin- shall be mounted to prevent damage ers, the aeration period shall be 72 and shall be protected from the ele- hours. The employer shall obtain a ments if located out-of-doors. If con- written warranty from the fumigation cealed from view, closures shall be facility stating that the appropriate marked to indicate the location of the aeration period has been met. life saving equipment. (e) Telephone or equivalent means of [48 FR 30909, July 5, 1983, as amended at 49 communication shall be readily avail- FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, 1996; 62 FR 40197, July 25, 1997] able. (f) A U.S. Coast Guard approved 30- § 1917.26 First aid and lifesaving facili- inch (76.2 cm) life ring, with at least 90 ties. feet (27.43m) of line attached, shall be (a) Employers shall instruct employ- available at readily accessible points ees to report every injury, regardless of at each waterside work area where the severity, to the employer. employees’ work exposes them to the (b) A first aid kit shall be available hazard of drowning. Employees work- at the terminal, and at least one pering on any bridge or structure leading son holding a valid first aid certificate to a detached vessel berthing installa- shall be at the terminal when work is tion shall wear U.S. Coast Guard ap- in progress. proved personal flotation devices ex- (c) First aid kit. First aid kits shall be cept where protected by railings, nets, weatherproof and shall contain indi- or safety belts and lifelines. A readily vidual sealed packages for each item available portable or permanent ladder that must be kept sterile. The contents giving access to the water shall also be of each kit shall be determined by a provided within 200 feet (61 m) of such person certified in first aid and cog- work areas. nizant of the hazards found in marine [48 FR 30909, July 5, 1983, as amended at 62 cargo handling operations. The con- FR 40197, July 25, 1997; 65 FR 40938, June 30, tents shall be checked at intervals that 2000] allow prompt replacement of expended items. § 1917.27 Personnel. (d) Stretchers. (1) There shall be avail- (a) Qualifications of machinery opera- able for each vessel being worked one tors. (1) Only those employees deter- Stokes basket stretcher, or its equiva- mined by the employer to be com- lent, permanently equipped with bri- petent by reason of training or experi- dles for attaching to the hoisting gear. ence, and who understand the signs, (2) Stretchers shall be kept close to notices and operating instructions and vessels and shall be positioned to avoid are familiar with the signal code in use damage to the stretcher. shall be permitted to operate a crane, (3) A blanket or other suitable cov- winch or other power operated cargo ering shall be available. handling apparatus, or any power oper- (4) Stretchers shall have at least four ated vehicle, or give signals to the op- sets of effective patient restraints in erator of any hoisting apparatus. Ex- operable condition. ception: Employees being trained and (5) Lifting bridles shall be of ade- supervised by a designated person may quate strength, capable of lifting 1,000 operate such machinery and give sig- pounds (454 kg) with a safety factor of nals to operators during training. five, and shall be maintained in oper- (2) No employee known to have defec- able condition. Lifting bridles shall be tive uncorrected eyesight or hearing,

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or to be suffering from heart disease, package until the packaging is suffi- epilepsy, or similar ailments that may ciently cleaned of residue and purged suddenly incapacitate the employee, of vapors to remove any potential haz- shall be permitted to operate a crane, ards. winch or other power-operated cargo (b) Any employer who receives a handling apparatus or a power-oper- freight container, rail freight car, ated vehicle. motor vehicle, or transport vehicle NOTE TO PARAGRAPH (a)(2): OSHA is defin- that is required to be marked or placing suddenly incapacitating medical ail- arded in accordance with the Haz- ments consistent with the Americans with ardous Materials Regulations shall re- Disabilities Act (ADA), 42 U.S.C. 12101 (1990). tain those markings and placards on Therefore, employers who act in accordance the freight container, rail freight car, with the employment provisions (Title I) of motor vehicle or transport vehicle the ADA (42 U.S.C. 12111–12117), the regulations implementing Title I (29 CFR Part until the hazardous materials which re- 1630), and the Technical Assistance Manual quire the marking or placarding are for Title I issued by the Equal Employment sufficiently removed to prevent any po- Opportunity Commission (Publication num- tential hazards. ber: EEOC—M1A), will be considered as being (c) Markings, placards and labels in compliance with this paragraph. shall be maintained in a manner that (b) Supervisory accident prevention pro- ensures that they are readily visible. ficiency. (1) After October 3, 1985 imme- (d) For non-bulk packages which will diate supervisors of cargo-handling op- not be reshipped, the provisions of this erations of more than five (5) persons section are met if a label or other ac- shall satisfactorily complete a course ceptable marking is affixed in accord- in accident prevention. Employees ance with the Hazard Communication newly assigned to supervisory duties Standard (29 CFR 1910.1200). after that date shall be required to (e) For the purposes of this section, meet the provisions of this paragraph the term ‘‘hazardous material’’ and within ninety (90) days of such assign- any other terms not defined in this sec- ment. tion have the same definition as in the (2) The course shall consist of in- Hazardous Materials Regulations (49 struction suited to the particular oper- CFR parts 171 through 180). ations involved. 3 [59 FR 36700, July 19, 1994] [48 FR 30909, July 5, 1983, as amended at 62 FR 40197, July 25, 1997; 65 FR 40938, June 30, 2000] § 1917.30 Emergency action plans. (a) Emergency action plans—(1) Scope § 1917.28 Hazard communication (See and application. This paragraph (a) re- also § 1917.1(a)(2)(vi)). quires all employers to develop and implement an emergency action plan. 3a § 1917.29 Retention of DOT markings, placards and labels. The emergency action plan shall be in writing (except as provided in para- (a) Any employer who receives a graph (a)(5)(iv) of this section) and package of hazardous material which is shall cover those designated actions required to be marked, labeled or plac- employers and employees must take to arded in accordance with the U. S. De- ensure employee safety from fire and partment of Transportation’s Haz- other emergencies. ardous Materials Regulations (49 CFR (2) Elements. The following elements, parts 171 through 180) shall retain those at a minimum, shall be included in the markings, labels and placards on the plan: (i) Emergency escape procedures and 3 The following are recommended topics: (i) emergency escape route assignments; Safety responsibility and authority; (ii) elements of accident prevention; (iii) attitudes, leadership and motivation; (iv) hazards of 3a When an employer directs his employees longshoring, including peculiar local cir- to respond to an emergency that is beyond cumstances; (v) hazard identification and the scope of the Emergency Action Plan de- elimination; (vi) applicable regulations; and veloped in accordance with this section, then (vii) accident investigations. § 1910.120(q) of this chapter shall apply.

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(ii) Procedures to be followed by em- Subpart C—Cargo Handling Gear ployees who remain to operate critical and Equipment plant operations before they evacuate; (iii) Procedures to account for all § 1917.41 House falls. employees after emergency evacuation (a) Span beams shall be secured to has been completed; prevent accidental dislodgement. (iv) Rescue and medical duties for (b) A safe means of access shall be those employees who are to perform provided for employees working with them; house fall blocks. (v) The preferred means of reporting (c) Designated employees shall in- fires and other emergencies; and spect chains, links, shackles, swivels, (vi) Names or regular job titles of blocks and other loose gear used in persons or departments that can be house fall operations before each day’s contacted for further information or use. Defective gear shall not be used. explanation of duties under the plan. (3) Alarm system. The employer shall § 1917.42 Miscellaneous auxiliary gear. establish an employee alarm system (a) Routine inspection. (1) At the com- that provides warning for necessary pletion of each use, loose gear such as emergency action and for reaction slings, chains, bridles, blocks and time for safe escape of employees from hooks shall be so placed as to avoid the workplace or the immediate work damage to the gear. Loose gear shall be area. inspected and any defects corrected be- (4) Evacuation. The employer shall es- fore reuse. tablish the types of evacuation to be (2) All loose gear shall be inspected by the employer or his authorized rep- used in emergency circumstances. resentative before each use and, when (5) (i) Before implementing Training. necessary, at intervals during its use, the emergency action plan, the em- to ensure that it is safe. Any gear ployer shall designate and train a suffi- which is found upon such inspection to cient number of persons to assist in the be visibly unsafe shall not be used until safe and orderly emergency evacuation it is made safe. of employees. (3) Defective gear shall not be used. (ii) The employer shall review the Distorted hooks, shackles or similar plan with each employee covered by gear shall be discarded. the plan at the following times: (b) Wire rope and wire rope slings. (1) (A) Initially when the plan is devel- The employer shall ascertain and ad- oped; here to the manufacturer’s rec- (B) Whenever the employee’s respon- ommended ratings for wire rope and sibilities or designated actions under wire rope slings and shall have such the plan change; and ratings available for inspection. When (C) Whenever the plan is changed. the manufacturer is unable to supply (iii) The employer shall review with such ratings, the employer shall use each employee upon initial assignment the tables for wire rope and wire rope slings found in American National those parts of the plan that the em- Safety Standard for Slings, ANSI ployee must know to protect the em- B30.9–1971. A design safety factor of at ployee in the event of an emergency. least five shall be maintained for the The written plan shall be kept at the common sizes of running wire used as workplace and be made available for falls, in purchases or in such uses as employee review. light load slings. Wire rope with a safe- (iv) Employers with 10 or fewer em- ty factor of less than five may be used ployees may communicate the plan only: orally to employees and need not main- (i) In specialized equipment, such as tain a written plan but not limited to cranes, designed to (b) [Reserved] be used with lesser wire rope safety factors; [62 FR 40198, July 25, 1997, as amended at 65 FR 40938, June 30, 2000] (ii) In accordance with design factors in standing rigging applications; or

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(iii) For heavy lifts or other purposes (6) Eyes in wire rope bridles, slings, for which a safety factor of five is im- bull wires, or in single parts used for practicable and for which the employer hoisting shall not be formed by wire can demonstrate that equivalent safety rope clips or knots. is ensured. (7) Eye splices in wire ropes shall (2) Wire rope or wire rope slings hav- have at least three tucks with a whole ing any of the following conditions strand of the rope and two tucks with shall not be used: one-half of the wire cut from each (i) Ten randomly distributed broken strand. Other forms of splices or con- wires in one rope lay or three or more nections which are shown to be equiva- broken wires in one strand in one rope lently safe may be used. lay; (8) Except for eye splices in the ends (ii) Kinking, crushing, bird caging or of wires and for endless rope slings, other damage resulting in distortion of each wire rope used in hoisting or low- the wire rope structure; ering, or in bulling cargo, shall consist (iii) Evidence of heat damage; of one continuous piece without knot (iv) Excessive wear or corrosion, de- or splice. formation or other defect in the wire or (c) Natural fiber rope. (1) The em- attachments, including cracks in at- ployer shall ascertain the manufactur- tachments; ers’ ratings for the specific natural (v) Any indication of strand or wire fiber rope used and have such ratings slippage in end attachments; or available for inspection. The manufac- (vi) More than one broken wire in the close vicinity of a socket or swaged fit- turers’ ratings shall be adhered to and ting. a minimum design safety factor of five (3) Protruding ends of strands in maintained. splices on slings and bridles shall be (2) Eye splices shall consist of at covered or blunted. Coverings shall be least three full tucks. Short splices removable so that splices can be exam- shall consist of at least six full tucks, ined. Means used to cover or blunt ends three on each side of the center line. shall not damage the wire. (d) Synthetic rope. (1) The employer (4) Where wire rope clips are used to shall adhere to the manufacturers’ rat- form eyes, the employer shall adhere to ings and use recommendations for the the manufacturers’ recommendations, specific synthetic fiber rope used and which shall be made available for in- shall make such ratings available for spection. If ‘‘U’’ bolt clips are used and inspection. the manufacturers’ recommendations (2)(i) Unless otherwise recommended are not available, Table C–1 shall be by the manufacturer, when synthetic used to determine the number and fiber ropes are substituted for fiber spacing of the clips. ‘‘U’’ bolts shall be ropes of less than three inches (7.62 cm) applied with the ‘‘U’’ section in contact in circumference, the substitute shall with the dead end of the rope. be of equal size. Where substituted for fiber rope of three inches or more in TABLE C–1—NUMBER AND SPACING OF U-BOLT circumference, the size of the synthetic WIRE ROPE CLIPS rope shall be determined from the formula: Minimum number of Minimum Improved plow steel, clips spacing rope diameter (inches/ =±22 + (inches/(cm)) Drop Other CCC06..4sm 0 forged material (cm)) Where C = the required circumference of the 1⁄2 or less (1.3) ...... 3 4 3 (7.6) synthetic rope in inches, Cs= the circum- 5 3 ⁄8 (1.6) ...... 3 4 3 ⁄4 (9.5) ference to the nearest one-quarter inch of 3⁄4 (1.9) ...... 4 5 41⁄2 (11.4) a synthetic rope having a breaking 7⁄8 (2.2) ...... 4 5 51⁄4 (13.3) 1 (2.5) ...... 5 7 6 (15.2) strength not less than that of the size fiber 11⁄8 (2.9) ...... 6 7 63⁄4 (17.1) rope that is required by paragraph (c) of 11⁄4 (3.2) ...... 6 8 71⁄2 (19.1) this section and Cm= the circumference of 13⁄8 (3.5) ...... 7 8 81⁄4 (21.0) the fiber rope in inches that is required by 1 1 ⁄2 (3.8) ...... 7 9 9 (22.9) paragraph (c) of this section. (5) Wire rope shall not be secured by (ii) In making such substitution, it knots. shall be ascertained that the inherent

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characteristics of the synthetic fiber (h) Chains and chain slings used for are suitable for hoisting. hoisting. (1) The employer shall adhere (e) Removal of natural and synthetic to the manufacturer’s recommended rope from service. Natural and synthetic ratings for safe working loads for the rope having any of the following de- sizes of wrought iron and alloy steel fects shall be removed from service: chains and chain slings used and shall (1) Abnormal wear; have such ratings available. When the (2) Powdered fiber between strands; manufacturer is unable to provide such (3) Sufficient cut or broken fibers to ratings, the employer shall use the ta- affect the capability of the rope; bles for chains and chain slings found (4) Variations in the size or round- in American National Safety Standard ness of strands; for Slings, ANSI B30.9–1971. (5) Discolorations other than stains (2) Proof coil steel chain, also known not associated with rope damage; as common or hardware chain, and (6) Rotting; or other chain not recommended by the (7) Distortion or other damage to at- manufacturer for slinging or hoisting tached hardware. shall not be used for slinging or hoist- (f) Thimbles. Properly fitting thimbles ing. shall be used where any rope is secured (3)(i) Sling chains, including end fas- permanently to a ring, shackle or at- tenings, shall be inspected for visible tachment, where practicable. defects before each day’s use and as (g) Synthetic web slings. (1) Slings and often as necessary during use to ensure nets or other combinations of more integrity of the sling. than one piece of synthetic webbing as- (ii) Thorough inspections of chains in sembled and used as a single unit (syn- use shall be made quarterly to detect thetic web slings) shall not be used to wear, defective welds, deformation or hoist loads in excess of the sling’s increase in length or stretch. The rated capacity. month of inspection shall be indicated (2) Synthetic web slings shall be re- on each chain by color of paint on a moved from service if they exhibit any link or by other equally effective of the following defects: means. (i) Acid or caustic burns; (iii) Chains shall be removed from (ii) Melting or charring of any part of service when maximum allowable wear, the sling surface; as indicated in Table C–2, is reached at (iii) Snags, punctures, tears or cuts; any point of link. (iv) Broken or worn stitches; or (iv) Chain slings shall be removed (v) Distortion or damage to fittings. from service when stretch has in- (vi) Display of visible warning creased the length of a measured sec- threads or markers designed to indi- tion by more than five percent; when a cate excessive wear or damage. link is bent, twisted or otherwise dam- (3) Defective synthetic web slings re- aged; or when a link has a raised scarf moved from service shall not be re- or defective weld. turned to service unless repaired by a (v) Only designated persons shall in- sling manufacturer or similar entity. spect chains used for slinging and Each repaired sling shall be proof test- hoisting. ed by the repairer to twice the slings’ rated capacity prior to its return to TABLE C–2—MAXIMUM ALLOWABLE WEAR AT service. The employer shall retain a ANY POINT OF LINK certificate of the proof test and make Chain size Maximum allowable wear it available for examination. (4) Synthetic web slings provided by Inches (cm) Inches (cm)

the employer shall only be used in ac- 1⁄4(9⁄32) (0.6) 3⁄64 (0.1) cordance with the manufacturer’s use 3⁄8 (1.0) 5⁄64 (0.2) recommendations, which shall be avail- 1⁄2 (1.3) 7⁄64 (0.3) 5⁄8 (1.6) 9⁄64 (0.4) able. 3⁄4 (1.9) 5⁄32 (0.4) (5) Fittings shall have a breaking 7⁄8 (2.2) 11⁄64 (0.4) strength at least equal to that of the 1 (2.5) 3⁄16 (0.5) 11⁄8 (2.9) 7⁄32 (0.6) sling to which they are attached and 11⁄4 (3.2) 1⁄4 (0.6) shall be free of sharp edges. 13⁄8 (3.5) 9⁄32 (0.7)

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TABLE C–2—MAXIMUM ALLOWABLE WEAR AT TABLE C–3—SAFE WORKING LOADS FOR ANY POINT OF LINK—Continued SHACKLES

Chain size Maximum allowable wear Material size Pin diameter Safe working load Inches (cm) Inches (cm) Inches (cm) Inches (cm) in 2,000 lb tons

1 5 1 ⁄2 (3.8) ⁄16 (0.8) 1⁄2 ...... (1.3) 5⁄8 (1.6) 1.4 3 11 1 ⁄4 (4.4) ⁄32 (0.9) 5⁄8 ...... (1.6) 3⁄4 (1.9) 2.2 3⁄4 ...... (1.9) 7⁄8 (2.2) 3.2 (4) Chains shall be repaired only 7⁄8 ...... (2.2) 1 (2.5) 4.3 under qualified supervision. Links or 1 ...... (2.5) 11⁄8 (2.9) 5.6 1 1 portions of chain defective under any 1 ⁄8 ...... (2.9) 1 ⁄4 (3.2) 6.7 11⁄4 ...... (3.2) 13⁄8 (3.5) 8.2 of the criteria of paragraph (h)(3)(iii) of 13⁄8 ...... (3.5) 11⁄2 (3.8) 10.0 this section shall be replaced with 11⁄2 ...... (3.8) 15⁄8 (4.1) 11.9 properly dimensioned links or connec- 13⁄4 ...... (4.4) 2 (5.1) 16.2 tions of material similar to those of 2 ...... (5.1) 21⁄4 (5.7) 21.2 the original chain. Before repaired (j) Hooks other than hand hooks. (1) chains are returned to service, they The manufacturers’ recommended safe shall be tested to the proof load rec- working loads for hooks shall not be ommended by the manufacturer of the exceeded. Hooks other than hand hooks original chain. Tests shall be per- shall be tested in accordance with formed by the manufacturer or shall be § 1917.50(c)(6). certified by an agency accredited for (2) Bent or sprung hooks shall be dis- the purpose under part 1919 of this carded. chapter. Test certificates shall be available for inspection. (3) Teeth of case hooks shall be maintained in safe condition. (5) Wrought iron chains in constant (4) Jaws of patent clamp-type plate use shall be annealed or normalized at hooks shall be maintained in condition intervals not exceeding six months. to grip plates securely. Heat treatment certificates shall be available for inspection. Alloy chains (5) Loads shall be applied to the shall not be annealed. throat of the hook only. (6) Kinked or knotted chains shall (k) Pallets. (1) Pallets shall be made and maintained to safely support and not be used for lifting. Chains shall not carry loads being handled. Fastenings be shortened by bolting, wiring or of reusable pallets used for hoisting knotting. Makeshift links or fasteners shall be bolts and nuts, drive screws such as wire, bolts or rods shall not be (helically threaded nails), annular used. threaded nails or fastenings of equiva- (7) Hooks, rings, links and attach- lent holding strength. ments affixed to sling chains shall have (2) Damaged pallets shall be stored in rated capacities at least equal to that designated areas and identified. of the chains to which they are at- (3) Reusable wing or lip-type pallets tached. shall be hoisted by bar bridles or other (8) Chain slings shall bear identifica- suitable gear and shall have an over- tion of size, grade and rated capacity. hanging wing or lip of at least three (i) Shackles. (1) If available, the man- inches (7.62cm). They shall not be ufacturer’s recommended safe working hoisted by wire slings alone. loads for shackles shall not be exceed- (4) Loaded pallets that do not meet ed. In the absence of manufacturer’s the requirements of this paragraph recommendations, Table C–3 shall shall be hoisted only after being placed apply. on pallets meeting such requirements (2) Screw pin shackles used aloft in or shall be handled by other means pro- house fall or other gear, except in viding equivalent safety. cargo hook assemblies, shall have their (5) Bridles for handling flush end or pins moused or otherwise effectively box-type pallets shall be designed to secured. prevent disengagement from the pallet under load.

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(6) Pallets shall be stacked or placed (9) If the load obstructs the forward to prevent falling, collapsing or other- view, the employer shall direct drivers wise causing a hazard under standard to travel with the load trailing. operating conditions. (10) Steering knobs shall not be used (7) Disposable pallets intended only unless the truck is equipped with for one use shall not be reused for power steering. hoisting. (11) When powered industrial trucks [48 FR 30909, July 5, 1983, as amended at 62 use cargo lifting devices that have a FR 40198, July 25, 1997; 65 FR 40938, June 30, means of engagement hidden from the 2000] operator, a means shall be provided to enable the operator to determine that § 1917.43 Powered industrial trucks. the cargo has been engaged. (a) Applicability. This section applies (12) When cargo is being towed on to every type of powered industrial pipe trucks or similar equipment, a truck used for material or equipment safe means shall be provided to protect handling within a marine terminal. It the driver from sliding loads. does not apply to over-the-road vehi- (c) Maintenace. (1) Only designated cles. persons shall perform maintenance and (b) General. (1) After October 3, 1983, repair. modifications, such as adding counter- (2) Batteries on all powered trucks weights, that might affect the vehicle’s shall be disconnected during repairs to capacity or safety shall not be per- the primary electrical system unless formed without either the manufactur- power is necessary for testing and re- er’s prior written approval or the writ- pair. On trucks equipped with systems ten approval of a professional engineer capable of storing residual energy, that experienced with the equipment who energy shall be safely discharged be- has consulted with the manufacturer, fore work on the primary electrical if available. Capacity, operation and system begins. maintenance instruction plates, tags or (3) Replacement parts whose function decals shall be changed to conform to might affect operational safety shall be the equipment as modified. equivalent in strength and performance (2) Unauthorized personnel shall not capability to the original parts which ride on powered industrial trucks. A they replace. safe place to ride shall be provided (4) Braking systems or other mecha- when riding is authorized. nisms used for braking shall be oper- (3) When a powered industrial truck able and in safe condition. is left unattended, load-engaging (5) Powered industrial trucks shall be means shall be fully lowered, controls maintained in safe working order. neutralized and brakes set. Unless the Safety devices shall not be removed or truck is in view and within 25 feet (7.62 made inoperative except as otherwise m) of the operator, power shall be shut provided in this section. Trucks with a off. Wheels shall be blocked or curbed fuel system leak or any other safety if the truck is on an incline. defect shall not be operated. (4) Powered industrial trucks shall (6) Those repairs to the fuel and igni- not be operated inside highway vehi- tion systems of industrial trucks which cles or railcars having damage which involve fire hazards shall be conducted could affect operational safety. only in locations designated as safe for (5) Powered industrial trucks shall be such repairs. marked with their rated capacities, (d) Approved trucks—(1) Approved which shall be visible to the operator. power-operated industrial truck means (6) Only stable and safely arranged one listed or approved for the intended loads within the rated capacity of the use by a nationally recognized testing truck shall be handled. laboratory. (7) The employer shall direct drivers (2) Approved trucks acquired and to ascend and descend grades slowly. used after February 15, 1972, shall bear (8) The employer shall direct drivers a label or other identification indi- to slow down and sound the horn at cating testing laboratory approval. crossaisles and other locations where (3) When the atmosphere in an area is visibility is obstructed. hazardous and the provisions of United

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States Coast Guard regulations at 33 not be exceeded. Rated capacities shall CFR 126.15(e) do not apply, only power- be marked on the vehicle and shall be operated industrial trucks approved for visible to the operator. The vehicle such locations shall be used. weight, with and without counter- (e) Fork lift trucks—(1) Overhead weight, shall be similarly marked. guards. (i) When operators are exposed (ii) If loads are lifted by two or more to overhead falling hazards, fork lift trucks working in unison, the total trucks shall be equipped with securely weight of the load shall not exceed the attached overhead guards. Guards shall combined rated lifting capacity of all be constructed to protect the operator trucks involved. from falling boxes, cartons, packages, (6) Lifting of employees. Employees or similar objects. may be elevated by fork lift trucks (ii) Overhead guards shall not ob- only when a platform is secured to the struct the operator’s view, and open- lifting carriage or forks. The platform ings in the top of the guard shall not shall meet the following requirements: exceed six inches (15.24 cm) in one of (i) The platform shall have a railing the two directions, width or length. complying with § 1917.112(c). Larger openings are permitted if no opening allows the smallest unit of (ii) The platform shall have cargo being handled to fall through the toeboards complying with § 1917.112(d) guard. if tools or other objects could fall on (iii) Overhead guards shall be built so employees below. that failure of the vehicle’s mast tilt- (iii) An employee shall be at the ing mechanism will not displace the truck’s controls whenever employees guard. are elevated. (iv) An overhead guard, otherwise re- (iv) Employees on the platform shall quired by this paragraph, may be re- be protected from exposure to moving moved only when it would prevent a truck parts. truck from entering a work space and (v) The platform floor shall be skid if the operator is not exposed to low resistant. overhead obstructions in the work (vi) When the truck has controls ele- space. vated with the lifting carriage, means (v) Overhead guards shall be large shall be provided for employees on the enough to extend over the operator platform to shut off power to the vehi- during all truck operations, including cle. forward tilt. (vii) While employees are elevated, (2) Load backrest extensions. Where the truck may be moved only to make necessary to protect the operator, fork minor placement adjustments. lift trucks shall be fitted with a (f) Bulk cargo-moving vehicles. (1) vertical load backrest extension to pre- Where a seated operator may come into vent the load from hitting the mast contact with projecting overheads, when the mast is positioned at max- crawler-type bulk-cargo-moving vehi- imum backward tilt. For this purpose, a ‘‘load backrest extension’’ means a cles that are rider operated shall be device extending vertically from the equipped with operator’s guards. fork carriage frame to prevent raised (2) Guards and their attachment loads from falling backward. points shall be so designed as to be able (3) Forks. Forks, fork extensions and to withstand, without excessive deflec- other attachments shall be secured so tion, a load applied horizontally at the that they cannot be accidentally dis- operator’s shoulder level equal to the lodged, and shall be used only in ac- drawbar pull of the machine. cordance with the manufacturer’s rec- (3) After July 26, 1999 bulk cargo- ommendations. moving vehicles shall be equipped with (4) Counterweights. Counterweights rollover protection of such design and shall be so affixed that they cannot be construction as to prevent the possi- accidentally dislodged. bility of the operator being crushed be- (5) Capacities and weights. (i) Fork lift cause of a rollover or upset. truck rated capacities, with and with- (g) Straddle trucks—(1) Accessibility. out removable counterweights, shall Straddle trucks shall have a permanent

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means of access to the operator’s sta- (b) Private vehicle parking in marine tion, including any handholds nec- terminals shall be allowed only in des- essary for safe ascent and descent. ignated areas. (2) Guarding. (i) Main sprockets and (c) Trailers shall not be disconnected chains to the wheels shall be guarded from tractors at loading docks until as follows: the road wheels have been immobilized. (A) The upper sprocket shall be en- The road wheels shall be immobilized closed; from the time the brake system is dis- (B) The upper half of the lower connected until braking is again pro- sprocket shall be enclosed; and vided. Supplementary front end sup- (C) The drive chain shall be enclosed port shall be employed as necessary to to a height of eight feet (2.44 m) except prevent tipping when a trailer is en- for that portion at the lower half of the tered by a material handling vehicle. lower sprocket. Rear end support shall be employed if (ii) Gears shall be enclosed and re- rear wheels are so far forward as to volving parts which may be contacted allow tipping when the trailer is en- by the operator shall be guarded. tered. (iii) When straddle trucks are used in (d) The employer shall direct motor the vicinity of employees, personnel- vehicle operators to comply with any deflecting guards shall be provided posted speed limits and other traffic around leading edges of front and rear control signs or signals, and written wheels. traffic instructions. (3) Visibility. Operator visibility shall (e) Stop signs shall be posted at main be provided in all directions of move- entrances and exits of structures where ment. visibility is impaired, and at blind (h) Trailer-spotting tractors. (1) Trail- intersections, unless direct traffic con- er-spotting tractors (fifth wheels) shall trol or warning mirror systems or be fitted with any hand grabs and foot- other systems of equivalent safety are ing necessary for safe access to the provided. fifth wheel. (2) Rear cab windows shall be of safe- (f) Vehicular routes, traffic rules, and ty glass or of equivalent material. parking areas shall be established, identified, and used. [48 FR 30909, July 5, 1983, as amended at 62 (g) The employer shall direct vehicle FR 40198, July 25, 1997; 65 FR 40939, June 30, drivers to warn employees in traffic 2000] lanes of the vehicle’s approach. § 1917.44 General rules applicable to (h) Signs indicating pedestrian traf- vehicles. 4 fic shall be clearly posted at vehicular check-in and check-out lines and simi- (a) The requirements of this section lar locations where employees may be apply to general vehicle use within ma- working. rine terminals. Exception: The provisions of paragraphs (c) and (l) of this (i) A distance of not less than 20 feet section do not apply when preempted (6.1 m) shall be maintained between the by applicable regulations of the De- first two vehicles in a check-in, check- partment of Transportation. 5 out, roadability, or vessel loading/discharging line. This distance shall be maintained between any subsequent 4 The United States Coast Guard at 33 CFR vehicles behind which employees are 126.15(d) and (e) has additional regulations applicable to vehicles in terminals. required to work. 5 Department of Transportation regula- (j) No unattended vehicle shall be left tions in 49 CFR part 393, Subpart C—Brakes, with its engine running unless secured address the immobilization of trailer road against movement (see § 1917.43(b)(3) for wheels prior to disconnection of the trailer powered industrial trucks). and until braking is again provided. Section (k) When the rear of a vehicle is ele- 49 CFR 393.84 addresses the condition of vated to facilitate loading or dis- flooring. These DOT rules apply when the motor carrier is engaged in interstate com- charging, a ramp shall be provided and merce or in the transport of certain haz- secured. The vehicle shall be secured ardous items wholly within a municipality against accidental movement during or the commercial zone thereof. loading or discharging.

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(l) Only highway vehicle floors in (ii) The valve core shall be removed safe condition shall be used. before the wheel is removed from the (m) When flatbed trucks, platform axle when: containers or similar conveyances are (A) The tire has been operated under- loaded or discharged and the cargo con- inflated at 80% or less of its rec- sists of pipe or other products which ommended pressure, or could spread or roll to endanger em- (B) There is discernible or suspected ployees, the cargo shall be contained to damage to the tire or wheel compo- prevent movement. nents; (n) Vehicles used to transport em- (iii) Mating surfaces shall be free of ployees within a terminal shall be dirt, surface rust, scale and rubber maintained in safe working order and buildup before mounting; safety devices shall not be removed or (iv) Rubber lubricant shall be applied made inoperative. to bead and rim mating surfaces upon (o) Servicing multi-piece and single wheel assembly and inflation of the tire; piece rim wheels. Servicing of multi- (v) Air pressure shall not exceed 3 piece and single piece rim wheels is 2 covered by § 1910.177 of this chapter. psig (0.21 kg/cm ) when seating the locking ring or rounding out the tube (See § 1917.1(a)(2)(xii)). when a tire is being partially inflated (1) Scope. This paragraph applies to without a restraining device; the servicing of vehicle wheels con- (vi) While the tire is pressurized, taining tube-type tires mounted on components shall not be struck or multi-piece rims. forced to correct the seating of side or (2) Definition. ‘‘Multi-piece rim’’ lock rings; means a vehicle wheel rim consisting (vii) There shall not be any contact of two or more parts, one of which is a between an employee or unit of equip- (side) locking ring designed to hold the ment and a restraining device during tire on the rim by tension on inter- tire inflation; locking components when the tire is (viii) After inflation, tires, rims and inflated, regardless of the relative sizes rings shall be inspected while within of the component parts. the restraining device to ensure seat- (3) Employee training. (i) Only employing and locking. If adjustment is nec- ees trained in the procedures required essary the tire shall first be deflated by in paragraph (o)(4) of this section and valve core removal; and who have demonstrated their ability to (ix) Before assembly, wheel compo- service multi-piece rim wheels shall be nents shall be inspected, and damaged assigned such duties. rim components shall not be reused. (ii) Employees assigned such duties (5) Charts and manuals. (i) The em- shall have demonstrated their ability ployer shall provide a chart containing by the safe performance of the fol- as a minimum the instructions and in- lowing tasks: formation provided in the United (A) Tire demounting (including defla- States Department of Transportation, tion); National Highway Traffic Safety Ad- (B) Inspection of wheel components; ministration (NHTSA) publication (C) Mounting of tires; ‘‘Safety Precautions for Mounting and (D) Inflation of tires, including use of Demounting Tube-Type Truck/Bus a restraining device; Tires’’ and ‘‘Multi-Piece Rim Wheel (E) Handling of wheels; Matching Chart,’’ and pertinent to the type(s) of multi-piece rim wheels being (F) Inflation of tires when a wheel is serviced. The chart shall be available mounted on the vehicle; and in the terminal’s service area. 6 (G) Installation and removal of wheels. (4) Servicing procedures. The following 6 NHTSA charts are available from General procedures shall be followed: Services Division, National Highway Traffic Safety Administration, Attention: N48–51, (i) Tires shall be completely deflated 400 Seventh Street, SW., Washington, D.C. before demounting by removal of the 20590. Industry charts are available upon re- valve core; quest from the manufacturer.

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(ii) A current rim manual containing container handling top-loaders and the manufacturer’s instructions for sideloaders, chain hoists, and mobile mounting, demounting, maintenance straddle-type cranes incapable of strad- and safety precautions relating to the dling two or more intermodal con- multi-piece rim wheels being serviced tainers (16 feet (4.88 m) in width). shall be available in the terminal’s (b) Ratings. (1) Except for bridge service area. cranes covered by paragraph (g) of this (6) Restraining devices. (i) Except as section, cranes and derricks having otherwise noted, inflation shall be done ratings that vary with boom length, ra- within a restraining device such as a dius (outreach) or other variables shall cage, rack or other device capable of have a durable rating chart visible to withstanding the maximum force that the operator, covering the complete would be transferred to it during an ex- range of the manufacturer’s (or design) plosive wheel separation occurring at capacity ratings. The rating chart 150% of maximum tire specification shall include all operating radii (out- pressure for the wheels being serviced. reach) for all permissible boom lengths The restraining device shall be capable and jib lengths as applicable, with and of preventing rim components from without outriggers, and alternate rat- being thrown outside the frame of the ings for optional equipment affecting device for any wheel position within such ratings. Precautions or warnings the device. When the wheel assembly is specified by the owner or manufacturer mounted on a vehicle, tires may be in- shall be included along with the chart. flated without a restraining device (2) The manufacturer’s (or design) only if they have more than 80% of the rated loads for the conditions of use recommended pressure and if remote shall not be exceeded. control inflation equipment is used and employees are clear of the danger area. (3) Designated working loads shall (ii) Restraining devices shall be kept not be increased beyond the manufac- in good repair and be capable of pre- turer’s ratings or original design limi- venting rim components from being tations unless such increase receives thrown outside the device. the manufacturer’s approval. When the (7) Inflation hoses. Inflation hoses manufacturer’s services are not avail- shall have a manual clip-on chuck with able or where the equipment is of for- sufficient hose to permit an employee eign manufacture, engineering design to be clear of the danger zone. An in- analysis shall be performed or approved line, manually operated valve with by a person accredited for certificating gauge or a preset pressure regulator the equipment under part 1919 of this shall be used to inflate tires. chapter. Engineering design analysis (8) Other equipment. (i) Only tools rec- shall be performed by a registered pro- ommended in the rim manual for the fessional engineer competent in the type of wheel being serviced shall be field of cranes and derricks. Any struc- used to service multi-piece rim wheels. tural changes necessitated by the (ii) Wheel components shall not be change in rating shall be carried out. interchanged except as provided in the (c) Radius indicator. When the rated applicable chart or manual. load varies with the boom radius, the crane or derrick shall be fitted with a [48 FR 30909, July 5, 1983, as amended at 52 boom angle or radius indicator visible FR 36026, Sept. 25, 1987; 62 FR 40199, July 25, 1997; 65 FR 40939, June 30, 2000] to the operator. (d) Prohibited usage. (1) Equipment § 1917.45 Cranes and derricks (See also shall not be used in a manner that ex- § 1917.50). erts sideloading stresses upon the (a) Coverage. (1) This section applies crane or derrick boom. to every kind of crane and derrick and (2) No crane or derrick having a visi- to any other type of equipment per- ble or known defect that affects safe forming the functions of a crane or der- operation shall be used. rick except as noted in paragraph (a)(2) (e) Protective devices. (1) When ex- of this section. posed moving parts such as gears, (2) This section does not apply to chains and chain sprockets present a small industrial truck-type cranes, hazard to employees during crane and

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derrick operations, those parts shall be used, shall be safety plate glass or securely guarded. equivalent. Cranes with missing, bro- (2) Crane hooks shall be latched or ken, cracked, scratched, or dirty glass otherwise secured to prevent acci- (or equivalent) that impairs operator dental load disengagement. visibility shall not be used. Clothing, (f) General—(1) Operating controls. (i) tools and equipment shall be stored so Crane and derrick operating controls as not to interfere with access, oper- shall be clearly marked, or a chart ination, and the operator’s view. dicating their function shall be posted (ii) A seat (lap) belt, meeting the re- at the operator’s position. quirements of 49 CFR 571.208–210 for a (ii) After October 3, 1984, overhead Type 1 seat belt assembly, shall be in- bridge and container gantry crane op- stalled on the operator’s seat of high erating control levers shall be self-cen- speed container gantry cranes where tering so that they will automatically the seat trolleys. move to the ‘‘off’’ position when the (6) Counterweights or ballast. Cranes operator releases the control. shall be operated only with the speci- (2) Booms. Cranes with elevatable fied type and amount of ballast or booms and without operable automatic counterweights. Ballast or counter- limiting devices shall be provided with weight shall be located and secured boom stops if boom elevation can ex- only as provided in the manufacturer’s ceed maximum design angles from the or design specifications, which shall be horizontal. available. (3) Foot pedals. Foot pedals shall have (7) Outriggers. Outriggers shall be a non-skid surface. used according to the manufacturers’ (4) Access. Ladders, stairways, stan- specifications or design data, which chions, grab irons, foot steps or equiva- shall be available. Floats, when used, lent means shall be provided as nec- shall be securely attached to the out- essary to ensure safe access to riggers. Wood blocks or other support footwalks, cab platforms, the cab and shall be of sufficient size to support the any portion of the superstructure outrigger, free of defects that may af- which employees must reach. fect safety and of sufficient width and (i) Footwalks shall be of rigid con- length to prevent the crane from shift- struction, and shall be capable of sup- ing or toppling under load. porting a load of 100 pounds (4.79 kPa) (8) Exhaust gases. Engine exhaust per square foot. gases shall be discharged away from (ii) If more than 20 feet (6.1 m) in the normal position of crane operating height, vertical ladders shall comply personnel. with § 1917.118 (d), (e)(1), (e)(2)(iii), and (9) Electrical equipment shall be so (e)(2)(iv). located or enclosed that live parts will (iii) Stairways on cranes shall be not be exposed to accidental contact. equipped with rigid handrails meeting Designated persons may work on ener- the requirements of § 1917.112(e). gized equipment only if necessary dur- (iv) If the top of a ladder or stairway ing inspection, maintenance, or repair. or any position thereof is located (10) Fire extinguisher. (i) At least one where a moving part of a crane, such as portable fire extinguisher of at least 5– a revolving house, could strike an em- BC rating or equivalent shall be acces- ployee ascending or descending the lad- sible in the cab of the crane or derrick. der or stairway, a prominent warning (ii) No portable fire extinguisher sign shall be posted at the foot of the using carbon tetrachloride or ladder or stairway. A system of com- chlorobromomethane extinguishing munication (such as a buzzer or bell) agents shall be used. shall be established and maintained be- (11) Rope on drums. At least three full tween the foot of the ladder or stair- turns of rope shall remain on way and the operator’s cab. ungrooved drums, and two turns on (5) Operator’s station. (i) The cab, con- grooved drums, under all operating trols and mechanism of the equipment conditions. Wire rope shall be secured shall be so arranged that the operator to drums by clamps, U-bolts, shackles has a clear view of the load or signal- or equivalent means. Fiber rope fas- man, when one is used. Cab glass, when tenings are prohibited.

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(12) Assembly or disassembly of boom (A) When wind velocity reaches the sections. Mobile crane booms being as- warning speed, not exceeding the crane sembled or disassembled on the ground manufacturer’s recommendations; and with or without the support of the (B) When wind velocity reaches the boom harness shall be blocked to pre- shutdown speed, not exceeding the vent dropping of the boom or boom sec- crane manufacturer’s recommendations. tions, at which work is to be stopped (13) Brakes. (i) Each independent and the crane secured. hoisting unit of a crane shall be (iii) Instructions. The employer shall equipped with at least one holding post operating instructions for high brake, applied directly to the motor wind conditions in the operator’s cab of shaft or gear train. each crane. Operators shall be directed (ii) Each independent hoisting unit of to comply with these instructions. The a crane, except worm geared hoists, the instructions shall include procedures angle of whose worm is such as to pre- for responding to high wind alerts and vent the load from accelerating in the for any coordination necessary with lowering direction, shall, in addition to other cranes. a holding brake, be equipped with a (4) Securing of cranes in high winds. (i) controlled braking means to control When the wind reaches the crane’s lowering speeds. warning speed: (iii) Holding brakes for hoist units (A) Gantry travel shall be stopped; shall have not less than the following and percentage of the rated load hoisting (B) The crane shall be readied for torque at the point where the brake is shutdown. applied: (ii) When the wind reaches the (A) 125 percent when used with an crane’s shutdown speed: other than mechanically controlled (A) Any portion of the crane span- braking means; or ning or partially spanning a vessel (B) 100 percent when used with a me- shall be moved clear of the vessel if chanically-controlled braking means. safe to do so; and (C) 100 percent when two holding (B) The crane shall be secured brakes are provided. against travel, using all available (iv) All power control braking means means of securing. shall be capable of maintaining safe (5) The employer shall monitor local lowering speeds of rated loads. weather conditions by subscribing to a (g) Rail-mounted cranes (excluding lo- weather service or using equally effec- comotive types). (1) For the purposes of tive means. this section, rail-mounted cranes in- (6) Stops and bumpers. (i) The ends of clude bridge cranes and portal cranes. all tracks shall be equipped with stops (2) Rated load marking. The rated or bumpers. If a stop engages the tread loads of bridge cranes shall be plainly of the wheel, it shall be of a height not marked on each side of the crane and less than the radius of the wheel. in the cab. If there is more than one (ii) When more than one crane oper- hoisting unit, each hoist shall have its ates on the same runway or more than rated load marked on it or on its load one trolley on the same bridge, each block. Marking shall be legible from crane or trolley shall be equipped with the ground level. bumpers or equivalent devices at adja- (3) Wind-indicating devices. (i) After cent ends subject to impact. October 3, 1983, each rail-mounted (7) Employee exposure to crane move- bridge and portal crane located outside ment. When employees may be in the of an enclosed structure shall be fitted vicinity of the tracks, crane trucks with an operable wind-indicating de- shall be equipped with personnel-device. flecting guards. (ii) The wind indicating device shall (8) Pedestrian clearance. If the track provide a visible or audible warning to area is used for employee passage or for alert the operator of high wind condi- work, a minimum clearance of three tions. That warning shall be trans- feet (.91 m) shall be provided between mitted whenever the following cir- trucks or the structures of rail-mount- cumstances are present: ed cranes and any other structure or

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obstruction. When the required clear- (4) Unattended cranes. The following ance is not available on at least one steps shall be taken before leaving a side of the crane’s trucks, the area crane unattended between work peri- shall not be used and shall be marked ods: and identified. (i) Suspended loads, such as those (9) Warning devices. Rail-mounted hoisted by lifting magnets or clamshell cranes shall be equipped with an effec- buckets, shall be landed unless the tive travel warning device which shall storage position or maximum hoisting be used to warn employees who may be of the suspended device will provide in the path of the moving crane. equivalent safety; (10) Communications. Means of com- (ii) Clutches shall be disengaged; munication shall be provided between (iii) The power supply shall be shut the operator’s cab and the base of the off; gantry of all rail-mounted cranes. This (iv) The crane shall be secured requirement may be met by telephone, against accidental travel; and radio, sound-signalling system or other (v) The boom shall be lowered or se- effective methods, but not solely by cured against movement. hand-signalling. (5) Operating near electric power lines. (11) Limit switch bypass systems (i) Clearance. Unless electrical distribu- shall be secured during all cargo oper- tion and transmission lines are de-en- ations. Such bypass systems shall not ergized and visibly grounded at the be used except in an emergency or dur- point of work, or unless insulating bar- ing non-cargo handling operations such riers not a part of or attached to the as stowing cranes or derricks or per- crane have been erected to prevent forming repairs. When a situation re- physical contact with lines, cranes quiring the use of a bypass system or may be operated near power lines only the readjustment of a limit switch in accordance with the following: arises, it shall be done only under the (A) For lines rated 50 kV or below, direction of a crane mechanic. minimum clearance between the lines (h) Stabilizing of locomotive cranes. and any part of the crane or load shall Loads may be hoisted by locomotive be 10 feet (3.05 m); cranes only if outriggers are in place, (B) For lines rated over 50 kV, min- unless means are taken to prevent the imum clearance between the lines and load being carried by the truck springs any part of the crane or load shall be of the crane. either 10 feet (3.05 m) plus 0.4 inch (i) Operations. (1) Use of cranes to- (10.16 mm) for each 1 kV over 50 kV, or gether. When two or more cranes hoist twice the length of the line insulator, a load in unison, a designated person but never less than 10 feet; and shall direct the operation and instruct (C) In transit with no load and boom personnel in positioning, rigging of the lowered, the clearance shall be a min- load and movements to be made. imum of 4 feet (1.22 m). (2) Guarding of swing radius. Acces- (ii) Boom guards. Cage-type boom sible areas within the swing radius of guards, insulating links or proximity the body of a revolving crane shall be warning devices may be used on cranes, physically guarded during operations but they shall not be used in place of to prevent an employee from being the clearances required by paragraph caught between the body of the crane (i)(5)(i) of this section. and any fixed structure or between (iii) Determination of energized lines. parts of the crane. Any overhead line shall be presumed to (3) Securing mobile crane components in be energized until the owner of the line transit. The crane’s superstructure and indicates that it is not energized. boom shall be secured against rotation (j) Protection for employees being hoist- and carried in line with the direction of ed. (1) No employee shall be hoisted by travel except when negotiating turns the load hoisting apparatus of a crane with an operator in the cab or when the or derrick except: boom is supported on a dolly. The (i) On intermodal container spread- empty hook or other attachment shall ers, equipped in accordance with para- be secured. graph (j)(8) of this section; or

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(ii) In a boatswain’s chair or other personnel platform equipped with fixed device rigged to prevent it from acci- railings, provided that the railings dental disengagement from the hook or have one or more openings for access. supporting member; or The openings shall be fitted with a (iii) On a platform meeting the fol- means of closure, such as chains with lowing requirements: hooks. Existing railings shall be at (A) Enclosed by a railing or other least 36 inches (0.91 m) in height. New means providing protection equivalent railings installed after October 3, 1983 to that described in § 1917.112(c). If shall be 42 inches (1.07 m), plus or equipped with open railings, the plat- minus 3 inches (7.62 cm), in height. The form shall be fitted with toe boards; provisions of paragraphs (j)(1)(iii)(C), (B) Having a safety factor of four (j)(1)(iii)(D), and (j)(1)(iii)(F) of this based on ultimate strength; section also apply to personnel plat- (C) Bearing a plate or permanent forms when such container spreaders marking indicating maximum load rat- are used. ing, which shall not be exceeded, and (9) Employees shall not be hoisted on the weight of the platform itself; intermodal container spreaders while a (D) Equipped with a device to prevent load is engaged. access doors, when used, from opening (10) All cranes and derricks used to accidentally; hoist personnel shall be equipped with (E) Equipped with overhead protec- an anti-two-blocking device. tion for employees on the platform if (k) Routine inspection. (1) Designated they are exposed to falling objects or persons shall visually inspect each overhead hazards; crane and derrick on each day of use (F) Secured to the load line by means for defects in functional operating other than wedge and socket attach- components and shall report any defect ments, unless the free (bitter) end of found to the employer. The employer the line is secured back to itself by a shall inform the operator of the find- clamp placed as close above the wedge ings. as possible. (2) A designated person shall thor- (2) Except in an emergency, the oughly inspect all functional compo- hoisting mechanism of all cranes or nents and accessible structural fea- derricks used to hoist personnel shall tures of each crane or device at month- operate only in power up and power ly intervals. down, with automatic brake applica- (3) Any defects found during such in- tion when not hoisting or lowering. spections which may create a safety (3) Variable radius booms of a crane hazard shall be corrected before further or derrick used to hoist personnel shall equipment use. Repairs shall be per- be so constructed or secured as to pre- formed only by designated persons. vent accidental boom movement. (4) A record of monthly inspections (4) Platforms or devices used to hoist shall be maintained for six months in employees shall be inspected for de- or on the crane or derrick or at the ter- fects before each day’s use and shall be minal. removed from service if defective. (5) Employees being hoisted shall re- [48 FR 30909, July 5, 1983, as amended at 62 main in continuous sight of and com- FR 40199, July 25, 1997; 65 FR 40940, June 30, munication with the operator or sig- 2000] nalman. (6) Operators shall remain at the con- § 1917.46 Load indicating devices. trols when employees are hoisted. (a)(1) Except as provided in para- (7) Cranes shall not travel while em- graph (a)(1)(viii) of this section, every ployees are hoisted, except in emer- crane after October 3, 1984 shall be gency or in normal tier to tier transfer fitted with a load indicating device or of employees during container oper- alternative device in proper working ations. condition which shall meet the fol- (8) When intermodal container lowing criteria: spreaders are used to transfer employ- (i) The type or model or any load in- ees to or from the tops of containers, dicating or alternate device which is the spreaders shall be equipped with a used shall provide:

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(A) A direct indication in the cab of marking shall include data on: the actual weight hoisted or a means of de- means of measurement, capacity of the termining this by referencing a weight system, accuracy of the system, and indication to crane ratings posted and operating instructions and precautions. visible to the operator, except that the If the system used provides no readout, use of a dynamometer or simple scale but is such as to automatically cease alone will not meet this requirement; crane operation when the rated load or limit under any specific condition of (B) Indications in the cab according use is reached, marking shall be pro- to the radius and load at the moment; vided giving the make and model of the or device installed, a description of what (C) A direct means to prevent an it does, how it is operated, and any overload from occurring. necessary precautions regarding the (ii) The accuracy of the load indi- system. All weight indications, other cating device, weight-moment device, types of loading indications, and other or overload protection device shall be data required shall be readily visible to such that any indicated load (or limit), the operator. including the sum of actual weight (vi) All load indicating devices shall hoisted and additional equipment or be operative over the full operating ra- ‘‘add ons’’ such as slings, sensors, dius. Overall accuracy shall be based blocks, etc., is within the range be- on actual applied load and not on full tween 95 percent (5 percent underload) scale (full capacity) load. and 110 percent (10 percent overload) of EXPLANATORY NOTE: For example, if accu- the actual true total load. Such accuracy of the load indicating device is based on racy shall be required over the range of full scale load and the device is arbitrarily daily operating variables reasonably set at plus/minus 10 percent, it would accept anticipated under the conditions of a reading between 90,000 and 110,000 lbs., at use. full capacity of a machine with 100,000 lbs., (iii) The device shall permit the oper- maximum rating, but would also allow a ator to determine, before making any reading between zero and 20,000 lbs., at that outreach (radius) at which the rating would lift, that the indicating or substitute be 10,000 lbs., capacity—an unacceptable fig- system is operative. In the alternative, ure. If, however, accuracy is based on actual if a device is so mounted or attached to applied load under the same conditions, the preclude such a determination, it may acceptable range would remain the same not be used unless it has been certified with the 100,000-lb. load but becomes a figure by the manufacturer to remain oper- between 9,000 and 11,000 lbs., a much different able within the limits stated in para- and acceptable condition, at the 10,000-lb. graph (a)(1)(ii) of this section for a spe- load. cific period of use. Checks for accu- (vii) When the device uses the radius racy, using known values of load, shall as a factor in its use or in its operating be performed at the time of every cer- indications, the indicated radius tification survey (see § 1917.50) and at (which may be in feet and/or meters, or such additional times as may be rec- degrees of boom angle, depending on ommended by the manufacturer. the system used) shall be a figure (iv) When a load indicating device or which is within the range of a figure no alternative system is so arranged in greater than 110 percent of the actual the supporting system (crane struc- radius to a figure which is no less than ture) that its failure could cause the 97 percent of the actual (true) radius. A load to be dropped, its strength shall conversion chart shall be provided not be the limiting factor of the sup- whenever it is necessary to convert be- porting system (crane structure). tween degrees of radius and feet or me- (v) Marking shall be conspicuously ters. placed giving: units of measure in (viii) The load indicating device re- pounds or both pounds and kilograms, quirements of this subparagraph do not capacity of the indicating system, ac- apply to a crane: curacy of the indicating system, and (A) Of trolley equipped bridge type or operating instructions and precautions. overhead type while handling inter- In the case of systems utilizing indica- modal containers known to be identi- tions other than actual weights, the fied as empty, or loaded, and in either

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case in compliance with the provisions (d) Braking. (1) When necessary for of § 1917.71, or while hoisting other lifts safe operation, provisions shall be by means of a lifting beam supplied by made for braking objects at the deliv- the crane manufacturer for the pur- ery end of the conveyor. pose, and in all cases within the crane (2) Conveyors using electrically re- rating; leased brakes shall be constructed so (B) While handling bulk commodities that the brakes cannot be released or cargoes by means of clamshell buck- until power is applied, and so that the et or magnet; brakes are automatically engaged if (C) While used to handle or hold hoses in connection with transfer of the power fails or the operating control bulk liquids or other hose handled is returned to the ‘‘stop’’ position. products; or (e) Stability. Portable conveyors shall (D) While the crane is used exclu- be stable within their operating ranges. sively to handle cargo or equipment When used at variable fixed levels, the the total actual gross weight of which unit shall be secured at the operating is known by means of marking of the level. unit or units hoisted, when such total (f) Emergency stop devices. Readily ac- actual gross weight never exceeds cessible stop controls shall be provided 11,200 lbs., and when 11,200 lbs., is less for use in an emergency. Whenever the than the rated capacity of the crane at operation of any power conveyor re- the maximum outreach that is possible quires personnel to work in the imme- under the conditions of use at the time. diate vicinity of the conveyor, the Con- [48 FR 30909, July 5, 1983, as amended at 62 veyor or controls shall not be left unat- FR 40199, July 25, 1997] tended while the conveyor is in operation. § 1917.47 Winches. (g) Starting powered conveyors. Pow- (a) Moving winch parts which present ered conveyors shall not be started caught-in hazards to employees shall until all employees are clear of the be guarded. conveyor or have been warned that the (b) Winches shall have clearly identi- conveyor is about to start. fiable and readily accessible stop con- (h) Loading and unloading. The area trols. around conveyor loading and unloading (c) Portable winches shall be secured points shall be kept clear of obstruc- against accidental shifting while in tions during conveyor operations. use. (d) Portable winches shall be fitted (i) Lockout/Tagout. (1) Conveyors with limit switches if employees have shall be stopped and their power access to areas from which it is pos- sources locked out and tagged out dur- sible to be drawn into the winch. ing maintenance, repair, and servicing, (e) The provisions of § 1917.45(f)(11) unless power is necessary for testing. shall apply to winches. (2) The starting device shall be locked out and tagged out in the stop § 1917.48 Conveyors. position before an attempt is made to (a) Guards. (1) Danger zones at or ad- remove the cause of a jam or overload jacent to conveyors shall be guarded to of the conveying medium, unless it is protect employees. necessary to have the power on to re- (2) An elevated walkway with guard- move the jam. rail or equivalent means of protection (j) Safe practices. (1) Only designated shall be provided where employees persons shall operate, repair or service cross over moving conveyors, and suit- powered conveyors. able guarding shall be provided when (2) The employer shall direct employ- employees pass under moving con- ees to stay off operating conveyors. veyors. (3) Conveyors shall be operated only (b) Moving parts. Conveyor rollers and with all overload devices, guards and wheels shall be secured in position. safety devices in place and operable. (c) Positioning. Gravity conveyor sections shall be firmly placed and se- [48 FR 30909, July 5, 1983, as amended at 62 cured to prevent them from falling. FR 40200, July 25, 1997]

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§ 1917.49 Spouts, chutes, hoppers, bins, (j) Bin top openings that present a and associated equipment. hazard to employees shall be covered to (a) Standing and running rigging and prevent employees from falling into associated gear used as a permanent bins. part of spouts, chutes or similar de- (k) Chutes and hoppers shall be re- vices shall be inspected before each use paired only by designated persons. and shall not be used if it has any func- (l)(1) Before power shoveling oper- tional defects. (See also § 1917.50(c)(2) ations begin, a designated person shall for certification requirements.) inspect the equipment to be used. The (b) Direct communication shall be inspection shall include at least the provided between the discharge or ship- eye bolts, wires, and sheaves. board control end of loading spouts and (2) Power shovels and associated chutes and the point in the terminal equipment with defects affecting safe from which the flow of cargo is con- operation shall not be used. trolled. (3) Before adjustments are made to a (c) Chute and hopper openings which power shovel, wire, or associated equip- present a hazard shall be guarded to ment, the power supply to the shovel prevent employees from falling shall be turned off, locked out, and through them. tagged, the belt stopped, and the hop- (d) When employees are working on per closed. hoppers, the hopper shall be equipped with a safe walkway and means of ac- § 1917.50 Certification of marine ter- cess. minal material handling devices (e) When necessary for the safety of (See also mandatory appendix I, of employees, chutes shall be equipped this part). with sideboards to afford protection (a) The employer shall not use any from falling objects. material handling device listed in para- (f) Chutes shall be firmly placed and graph (c) of this section until he has secured to prevent them from falling. ascertained that the device has been (g) When necessary for the safety of certificated, as evidenced by current employees, provisions shall be made for and valid documents attesting to com- braking objects other than bulk compliance with the requirements of para- modities at the delivery end of the graph (b) of this section. chute. (1) Certification surveys are to be (h) Before an employee enters an completed for the conditions of use empty bin: (1) Personnel controlling the flow of found at the time such surveys are cargo into the bin shall have been noti- completed, with the understanding fied of the entry; and that equipment owners/users can (2) The power supply to the equip- change the configurations of the equipment carrying the cargo to the bin ment according to the manufacturer’s shall be turned off, locked out and specifications without affecting the es- tagged. tablished certification status for the (i) Before an employee enters a bin equipment. containing a bulk commodity such as (2) In cases of foreign manufactured coal or sugar, the employer shall en- cranes, there shall be an owner’s war- sure that: ranty that the design is adequate for (1) Personnel controlling the flow of the intended use. The warranty shall cargo into the bin have been notified of be based on a thorough examination of the entry; the design specifications by a reg- (2) The power supply to the equip- istered professional engineer familiar ment carrying the cargo to the bin is with the equipment. turned off, locked out and tagged. (b) The certifications required by this (3) The employee entering the bin section shall be performed: wears a lifeline and safety harness; and (1) In accordance with part 1919 of (4) A standby attendant equipped to this chapter, by persons then currently perform a rescue is continuously sta- accredited by the Occupational Safety tioned outside the bin until the em- and Health Administration as provided ployee has left the bin. in that part; or

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(2) In accordance with standards es- components other than commonly used tablished and enforced by the state in stock items such as shackles, ropes, or which the device is located or by a po- chains, and that has a Safe Working litical subdivision thereof, which have Load (SWL) greater than five short been found by the Secretary to be com- tons (10,000 lbs or 4.54 metric tons) patible with part 1919 of this chapter, shall be inspected and tested as a unit by persons designated as competent to before initial use (see Table A in para- perform such certification by com- graph (c)(5)(ii) of this section). In addi- petent state authority and recognized tion, any special stevedoring gear that as such by the Secretary. suffers damage necessitating structural (c) The marine terminal material repair shall be inspected and retested handling devices listed below shall be after repair and before being returned certificated in the following manner: to service. (1) Each crane and derrick shall be (ii) Special stevedoring gear provided tested as a unit quadrennially, and by the employer that has a SWL of five shall be examined annually. Certifi- short tons (10,000 lbs or 4.54 metric cates of tests and examinations shall tons) or less shall be inspected and be made readily available for inspec- tested as a unit before initial use action. cording to paragraphs (d) and (e) of this (2) Bulk cargo spouts and suckers, to- section or by a designated person (see gether with any portable extensions Table A in this paragraph (c)(5)(ii)). and rigging or outriggers supporting them vertically, shall be examined an- TABLE A nually. Certificates attesting to the re- Safe working load Proof load quired examination shall be made read- Up to 20 short tons 25 percent in excess. ily available for inspection. (18.1metric tons). (3) Vertical pocket or bucket con- From 20 through 50 short 5 short tons in excess. veyors such as banana, sugar, and grain tons (18.1 to 45.4 metric marine legs (other than those within a tons. Over 50 short tons (45.4 met- 10 percent in excess. grain elevator structure) used within a ric tons). marine terminal facility shall be examined annually. The annual examination (iii) Every spreader that is not a part shall include all supporting structures, of ship’s gear and is used for handling rigging and mechanical components intermodal containers shall be in- and observation of all steps of oper- spected and tested before initial use to ations. Certificates attesting to the re- a proof load equal to 25 percent greater quired examinations shall be readily than its rated capacity. In addition, available for inspection. any spreader that suffers damage ne- (4)(i) House fall cargo-handling gear cessitating structural repair shall be in use shall be proof load tested as a inspected and retested after repair and unit upon initial certification and before being returned to service. every fourth year thereafter. An exam- (iv) All cargo handling gear covered ination shall be carried out in conjunc- by this section with a SWL greater tion with each unit proof load test and than five short tons (10,000 lbs. or 4.54 annually thereafter. The unit test shall metric tons) shall be proof load tested consist of a proof load of 25 percent in according to Table A of this section excess of the rated safe working load. every 4 years in accordance with para- Examinations shall include all sup- graph (b) of this section or by a des- porting structures and components. ignated person. Certificates attesting to the required (v) Certificates and inspection and tests and examinations shall be readily test records attesting to the tests re- available for inspection. quired by this section shall be avail- (ii) House fall span beams or other able for inspection. house fall block supports shall be (6) Wire rope and loose gear obtained marked with the safe working load, after October 3, 1983, and used for ma- which shall not be exceeded. terial handling shall have been tested (5) Special gear. (i) Special steve- and certificated before being placed doring gear provided by the employer, into use in accordance with the provi- the strength of which depends upon sions of paragraphs (a), (c), and (d) of

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§§ 1919.31 and 1919.32 through 1919.34 of lbs. or 4.54 metric tons) shall have its this chapter as applicable. Certificates safe working load plainly marked on it. attesting to the required tests, inspec- (j) Exceptions: The certification re- tions and examinations shall be avail- quirements of this section do not apply able. to the following equipment: (d) Disassembly and reassembly of (1) Small industrial crane trucks as equipment does not require recertifi- described on page 8 and illustrated on cation of the equipment provided that page 13 of ASME B56.1, 1959, ‘‘Safety the equipment is reassembled and used Code for Powered Industrial Trucks’’, in a manner consistent with its certifi- and powered industrial trucks; cation. (2) Any straddle truck not capable of (e) For equipment certificated in ac- straddling two or more intermodal con- cordance with paragraph (b)(2) of this tainers 16 feet (4.88 m) in width; and section and transferred to a job site in (3) Gear used only for handling or another state, the current certification holding hoses, handling ship’s stores or shall remain valid until the next in- handling the gangway. spection or examination becomes due. (f) Certification procedures shall not [48 FR 30909, July 5, 1983, as amended at 49 be construed as a substitute for, or FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, cause for elimination of, normal oper- 1996; 62 FR 40200, July 25, 1997; 64 FR 61506, ational inspection and maintenance Nov. 12, 1999; 65 FR 40940, June 30, 2000] routine throughout the year. § 1917.51 Hand tools. (g)(1) Every unit of equipment requiring quadrennial certification shall (a) Hand tools used by employees have had such quadrennial certifi- shall be maintained in safe operating cation within the previous 48 months. condition. Equipment requiring annual certifi- (b)(1) Hand-held portable electric cation shall have had such annual cer- tools shall be equipped with switches tification within the previous 12 that must be manually held in a closed months, except that no annual certifi- position to operate the tool. cation is required within 12 months (2) Portable power-driven circular after any required quadrennial certifi- saws shall be equipped with guards cation. Annual examinations for cer- above and below the base plate or shoe. tification may be accomplished up to The upper guard shall cover the saw to one month early without effect on sub- the depth of the teeth, except for the sequent due dates. minimum arc needed to permit the (2) When certificated equipment is base to be tilted for bevel cuts. The out of service for 6 months or more be- lower guard shall cover the saw to the yond the due date of a certification in- depth of the teeth, except for the min- spection, an examination equivalent to imum arc needed to allow proper re- an initial certification, including unit proof load test, shall be performed be- traction and contact with the work. fore the equipment re-enters service. When the tool is withdrawn from the (h) Loose gear obtained after October work, the lower guard shall automati- 3, 1983 shall bear a legible mark indi- cally and instantly return to the cov- cating that it has been tested (see ering position. paragraph (c)(6) of this section). Single (c) Only cutting tools shall be used to sheave blocks shall be marked with cut metal strapping or banding used to safe working loads and proof test loads. secure cargo. Marks relating to testing shall be identifiable on the related certificates, Subpart D—Specialized Terminals which shall be available. (i) Safe working load. (1) The safe § 1917.70 General. working load of gear as specified in The provisions of this subpart D shall this section shall not be exceeded. apply to specialized terminals in addi- (2) All cargo handling gear provided tion to any other applicable require- by the employer with a safe working ments of this part. load greater than five short tons (10,000

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§ 1917.71 Terminals handling inter- weighed to obtain an actual weight be- modal containers or roll-on roll-off fore being hoisted. operations. (ii) If the terminal has no scales, the (a) Every intermodal container shall actual gross weight may be calculated be legibly and permanently marked on the basis of the container’s contents with: and the container’s empty weight. The (1) The weight of the container when weights used in the calculation shall be empty, in pounds; posted conspicuously on the container, with the name of the person making (2) The maximum cargo weight the the calculation and the date. container is designed to carry, in (5) Open type vehicle carrying con- pounds; and tainers and those built specifically and (3) The sum of the weight of the con- used solely for the carriage of com- tainer and the cargo, in pounds. pressed gases are excepted from para- (b) No container shall be hoisted by graphs (b)(3) and (b)(4) of this section. any crane or derrick unless the fol- (6) Closed dry van containers car- lowing conditions have been met: rying vehicles are exempted from para- (1) The employer shall ascertain from graph (b)(4) of this section provided the carrier whether a container to be that: hoisted is loaded or empty. Empty con- (i) The container carries only com- tainers shall be identified before load- pletely assembled vehicles and no ing or discharge in such a manner as other cargo; will inform every supervisor and fore- (ii) The container is marked on the man on the site and in charge of load- outside in such a manner that an em- ing or discharging, or every crane or ployee can readily discern that the other hoisting equipment operator and container is carrying vehicles; and signalman, if any, that such container (iii) The vehicles were loaded into is empty. Methods of identification the container at the marine terminal. may include cargo plans, manifests or (7) The weight of loaded inbound con- markings on the container. tainers from foreign ports shall be de- (2) In the case of a loaded container: termined by weighing or by the method (i) The actual gross weight shall be of calculation described in paragraph plainly marked so as to be visible to (b)(4)(ii) of this section or by shipping the crane or other hoisting equipment documents. operator or signalman, or to every su- (8) Any scale used within the United pervisor and foreman on the site and in States to weigh containers for the pur- charge of the operation; or pose of the requirements of this section (ii) The cargo stowage plan or equiva- shall meet the accuracy standards of lent permanently recorded display the state or local public authority in serving the same purpose, containing which the scale is located. the actual gross weight and the serial (c) No container or containers shall number or other positive identification be hoisted if their actual gross weight of that specific container, shall be pro- exceeds the weight marked as required vided to the crane or other hoisting in paragraph (a)(2) of this section, or if equipment operator and signalman, if it exceeds the capacity of the crane or any, and to every supervisor and fore- other hoisting device intended to be man on the site and in charge of the used. operation. (d)(1) Marked or designated areas (3) Every outbound loaded container shall be set aside within a container or which is received at a marine terminal roll-on roll-off terminal for passage of ready to load aboard a vessel without employees to and from active cargo further consolidation or loading shall transfer points, except where transpor- be weighed to obtain the actual gross tation to and from those points is pro- weight, either at the terminal or else- vided by the employer. where, before being hoisted. (2) The employer shall direct employ- (4)(i) When container weighing scales ees to stay clear of the area beneath a are located at a marine terminal, any suspended container. outbound container with a load con- (e) Each employee working in the im- solidated at that terminal shall be mediate area of container handling

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equipment or in the terminal’s traffic the four bridle legs shall not be less lanes shall wear a high visibility vest than 30° to the horizontal in the case of (or equivalent protection). 7 40 foot (12.2 m) containers, 37° in the case of 30 foot (9.1 m) containers, and NOTE TO PARAGRAPH (e): High visibility ° vests or equivalent protection means high 45 in the case of 20 foot (6.1 m) con- visibility/retro-reflective materials which tainers. are intended to make the user clearly visible (iii) Lifting containers by fork lift by day through the use of high visibility (flu- trucks or by grappling arms from orescent) material and in the dark by vehicle above or from one side may be done headlights through the use of retro-reflective only if the container is designed for material. For example, an acceptable area of this type of handling. material for a vest or equivalent protection is .5 m2 (760 in.2) for fluorescent (background) (iv) Other means of hoisting may be material and .13m2 (197 in.2) for retro-reflec- used only if the containers and hoist- tive material. Vests or equivalent protec- ing means are designed for such use. tion, such as high visibility/retro-reflective (2)(i) When using intermodal con- coveralls, that are available for industrial tainer spreaders that employ lanyards use, may also be acceptable. for activation of load disengagement, (f) Containers shall be handled using all possible precautions shall be taken lifting fittings or other arrangements to prevent accidental release of the suitable and intended for the purpose load. as set forth in paragraphs (f)(1) through (ii) Intermodal container spreader (f)(4) of this section, unless damage to twistlock systems shall be designed an intermodal container makes special and used so that a suspended load can- means of handling necessary. not accidentally be released. (1) Loaded intermodal containers of (3) Flat bed trucks or container chas- 20 feet (6.1 m) or more in length shall sis used to move intermodal containers be hoisted as follows: shall be equipped with pins, flanges, or (i) When hoisting containers by the other means to prevent the container top fittings, the lifting forces shall be from shifting. applied vertically from at least four (4) After July 27, 1998, flat bed, low such fittings. A less than vertical lift is boy trailers (mafis) and other similar permitted only under the following equipment used to transport containers conditions: shall be marked with their cargo ca- (A) The container being lifted is an pacities and shall not be overloaded. ISO closed box container; (5) Each tractor shall have all brake (B) The condition of the box is sound; air lines connected when pulling trail- (C) The speed of hoisting and lowers equipped with air brakes and shall ering is moderated when heavily have the brakes tested before com- ladened containers 8 are encountered; mencing operations. (D) The lift angle is at 80 to 90 de- (g)(1) Intermodal containers shall be grees; inspected for defects in structural (E) The distance between the lifting members or fittings before handling. beam and the load is at least 8 feet and (2) Any intermodal container found 2.4 inches (2.5 m); and to be unsafe shall be identified as such, (F) The length of the spreader beam promptly removed from service and re- is at least 16.3 feet (5 m) for a 20-foot paired before being returned to service. container, and at least 36.4 feet (11.1 m) for a 40-foot container. (h) Containers shall not be hoisted (ii) If hoisted from bottom fittings, unless all engaged chassis twist locks the hoisting connections shall bear on are released. the fittings only, making no other con- (i) Vertical tandem lifts. The following tact with the container. The angles of requirements apply to operations involving the lifting of two or more intermodal containers by the top con- 7 Decals on hard hats will not be considered tainer (vertical tandem lifts or VTLs). equivalent protection for the purposes of this paragraph. These requirements do not apply to op- 8 A heavily laden container is one that is erations involving the lifting of two or loaded to within 20 percent of its rated ca- more interconnected platform con- pacity. tainers.

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(1) Each employee involved in VTL (iv) Has been tested and certificated operations shall be trained and com- by a competent authority authorized petent in the safety-related work prac- under § 1918.11 of this chapter (for tices, safety procedures, and other re- interbox connectors that are part of a quirements in this section that pertain vessel’s gear) or § 1917.50 (for other to their respective job assignments. interbox connectors): (2) No more than two intermodal con- (A) As having a load-bearing surface tainers may be lifted in a VTL. area of 800 mm2 when connected to a (3) Before the lift begins, the em- corner casting with an opening that is ployer shall ensure that the two con- 65.0 mm wide; and tainers lifted as part of a VTL are (B) As having a safe working load of empty. 98 kN (10,000 kg) with a safety factor of NOTE TO PARAGRAPH (i)(3): The lift begins five when the load is applied by means immediately following the end of the prelift of two corner castings with openings required by paragraph (i)(5) of this section. that are 65.0 mm wide or equivalent de- Thus, the weight may be determined during vices; the prelift using a load indicating device (v) Has a certificate that is available meeting § 1917.46(a)(1)(i)(A) on the crane for inspection and that attests that the being used to lift the VTL. interbox connector meets the strength (4) The lift shall be performed using criteria given in paragraph (i)(8)(iv) of either a shore-based container gantry this section; and crane or another type of crane that: (vi) Is clearly and durably marked (i) Has the precision control nec- with its safe working load for lifting essary to restrain unintended rotation and an identifying number or mark of the containers about any axis, that will enable it to be associated (ii) Is capable of handling the load with its test certificate. volume and wind sail potential of (9) The employer shall ensure that VTLs, and each container and interbox connector (iii) Is specifically designed to handle used in a VTL and each corner casting containers. to which a connector will be coupled is (5) The employer shall ensure that inspected immediately before use in the crane operator pauses the lift when the VTL. the vertically coupled containers have (i) Each employee performing the in- just been lifted above the supporting spection shall be capable of detecting surface to assure that each interbox defects or weaknesses and be able to connector is properly engaged. assess their importance in relation to (6) Containers below deck may not be the safety of VTL operations. handled as a VTL. (ii) The inspection of each interbox (7) VTL operations may not be con- connector shall include: a visual exam- ducted when the wind speed exceeds ination for obvious structural defects, the lesser of: such as cracks; a check of its physical (i) 55 km/h (34 mph or 30 knots) or operation to determine that the lock is (ii) The crane manufacturer’s rec- fully functional with adequate spring ommendation for maximum wind tension on each head; and a check for speed. excessive corrosion and deterioration. (8) The employer shall ensure that (iii) The inspection of each container each interbox connector used in a VTL and each of its corner castings shall in- operation: clude: a visual examination for obvious (i) Automatically locks into corner structural defects, such as cracks; a castings on containers but only check for excessive corrosion and dete- unlocks manually (manual twistlocks rioration; and a visual examination to or latchlocks are not permitted); ensure that the opening to which an (ii) Is designed to indicate whether it interbox connector will be connected is locked or unlocked when fitted into has not been enlarged, that the welds a corner casting; are in good condition, and that it is (iii) Locks and releases in an iden- free from ice, mud or other debris. tical direction and manner as all other (iv) The employer shall establish a interbox connectors in the VTL; system to ensure that each defective or

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damaged interbox connector is re- § 1917.73 Terminal facilities handling moved from service. menhaden and similar species of (v) An interbox connector that has fish (see also § 1917.2, definition of been found to be defective or damaged hazardous cargo, material, substance or atmosphere). shall be removed from service and may not be used in VTL operations until re- (a)(1) Tanks in terminal areas used paired. for receiving or storing bailwater for (vi) A container with a corner casting recirculating into vessel holds in dis- that exhibits any of the problems listed charging operations shall be opened or ventilated to minimize contamination in paragraph (i)(9)(iii) of this section of water circulated to the vessel. may not be lifted in a VTL. Bailwater tanks shall be thoroughly (vii) The requirements of paragraph drained upon completion of each day’s (i)(9) of this section do not apply to operations and shall be left open to the ship-to-shore VTLs. air. Drainage is unnecessary when (j) Transporting vertically coupled con- bailwater has been treated to remove tainers. (1) Equipment other than hydrogen sulfide-producing contami- cranes used to transport vertically con- nants and the efficiency of such treat- nected containers shall be either spe- ment has been established by the em- cifically designed for this application ployer. or evaluated by a qualified engineer (2) Before employees enter a dock and determined to be capable of oper- tank, it shall first be drained, rinsed ating safely in this mode of operation. and tested for hydrogen sulfide and ox- (2) The employer shall develop, im- ygen deficiency. Employees shall not plement, and maintain a written plan enter the tank when the hydrogen sul- for transporting vertically connected fide level exceeds 20 ppm or oxygen containers. The written plan shall es- content is less than 19.5 percent, except tablish procedures to ensure safe oper- in emergencies. ating and turning speeds and shall ad- (3) Tests shall be conducted by designated personnel with suitable test dress all conditions in the terminal equipment and respiratory protective that could affect the safety of VTL-re- equipment complying with the provi- lated operations, including commu- sions of § 1910.134 of this chapter. nication and coordination among all (b) Pipelines and hoses on the dock or employees involved in these oper- terminal used for receiving and circu- ations. lating used bailwater shall be com- (k) Safe work zone. The employer pletely drained upon completion of shall establish a safe work zone within each day’s operation and left open to which employees may not be present the air. when vertically connected containers (c) At least four units of respiratory are in motion. protective equipment consisting of sup- (1) The safe work zone shall be suffi- plied-air respirators or self-contained cient to protect employees in the event breathing apparatus complying with that a container drops or overturns. the requirements of § 1910.134 of this (2) The written transport plan re- chapter shall be available in a suitably quired by paragraph (j)(2) of this sec- labeled cabinet for immediate use in tion shall include the safe work zone case of emergency caused by oxygen and procedures to ensure that employ- deficiency or hydrogen sulfide. Any ees are not in this zone when a VTL is employee entering a tank in an emer- in motion. gency shall, in addition to respiratory protective equipment, wear a lifeline [48 FR 30909, July 5, 1983, as amended at 62 and safety harness to facilitate rescue. FR 40200, July 25, 1997; 65 FR 40940, June 30, At least two other employees, simi- 2000; 73 FR 75289, Dec. 10, 2008; 79 FR 22020, larly equipped, shall be continuously Apr. 21, 2014] stationed outside the tank to observe and to provide rescue services. (d) The plant superintendent and foremen shall be trained and knowledgeable about the hazards of hydrogen

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sulfide and oxygen deficiency. They (c) Used eye protection equipment shall be trained in the use of appro- shall be cleaned and disinfected before priate respiratory and other protective reissuance to another employee. equipment, and in rescue procedures. [48 FR 30909, July 5, 1983, as amended at 62 Other supervisory plant personnel shall FR 40201, July 25, 1997; 74 FR 46359, Sept. 9, be informed of these hazards and in- 2009; 81 FR 16091, Mar. 25, 2016] structed in the necessary safety measures, including use of respiratory and § 1917.92 Respiratory protection. rescue equipment. (See § 1917.1(a)(2)(x)). (e) Supervisory personnel shall be on hand at dockside to supervise dis- [65 FR 40941, June 30, 2000] charging of bailwater from vessels. § 1917.93 Head protection. [48 FR 30909, July 5, 1983, as amended at 65 FR 40940, June 30, 2000] (a) The employer shall ensure that each affected employee wears a protec- Subpart E—Personal Protection tive helmet when working in areas where there is a potential for injury to § 1917.91 Eye and face protection. the head from falling objects. (b)(1) The employer must ensure that (a)(1)(i) The employer shall ensure head protection complies with any of that each affected employee uses pro- the following consensus standards: tective eye and face protection devices (i) American National Standards In- that comply with any of the following stitute (ANSI) Z89.1–2009, ‘‘American consensus standards: National Standard for Industrial Head (A) ANSI/ISEA Z87.1–2010, Occupa- Protection,’’ incorporated by reference tional and Educational Personal Eye in § 1917.3; and Face Protection Devices, incor- (ii) American National Standards In- porated by reference in § 1917.3; stitute (ANSI) Z89.1–2003, ‘‘American (B) ANSI Z87.1–2003, Occupational National Standard for Industrial Head and Educational Personal Eye and Protection,’’ incorporated by reference Face Protection Devices, incorporated in § 1917.3; or by reference in § 1917.3; or (iii) American National Standards In- stitute (ANSI) Z89.1–1997, ‘‘American (C) ANSI Z87.1–1989 (R–1998), Practice National Standard for Personnel Pro- for Occupational and Educational Eye tection—Protective Headwear for In- and Face Protection, incorporated by dustrial Workers—Requirements,’’ in- reference in § 1917.3; corporated by reference in § 1917.3. (ii) Protective eye and face protection devices that the employer dem- (2) Head protection devices that the onstrates are at least as effective as employer demonstrates are at least as protective eye and face protection de- effective as head protection devices vices that are constructed in accord- that are constructed in accordance ance with one of the above consensus with one of the above consensus stand- standards will be deemed to be in com- ards will be deemed to be in compli- pliance with the requirements of this ance with the requirements of this sec- section. tion. (2) For employees wearing corrective (c) Protective hats previously worn spectacles, eye protection equipment shall be cleaned and disinfected before required by paragraph (a)(1) of this sec- issuance by the employer to another tion must be of a type which can be employee. worn over spectacles. Prescription [48 FR 30909, July 5, 1983, as amended at 62 ground safety lenses may be sub- FR 40201, July 25, 1997; 74 FR 46359, Sept. 9, stituted if they provide equivalent pro- 2009; 77 FR 37599, June 22, 2012] tection. (3) For additional requirements cov- § 1917.94 Foot protection. ering eye protection against radiant (a) The employer shall ensure that energy, see § 1917.152(h). each affected employee wears protec- (b) Eye protection equipment shall be tive footwear when working in areas maintained in good condition. where there is a danger of foot injuries

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due to falling or rolling objects or ob- and marked for use as a work vest, for jects piercing the sole. commercial use, or for use on vessels. (b)(1) The employer must ensure that (3) Personal flotation devices shall be protective footwear complies with any maintained in safe condition and shall of the following consensus standards: be considered unserviceable when dam- (i) ASTM F–2412–2005, ‘‘Standard Test aged so as to affect buoyancy or fas- Methods for Foot Protection,’’ and tening capability. ASTM F–2413–2005, ‘‘Standard Speci- (c) Emergency facilities. When employ- fication for Performance Requirements ees are exposed to hazardous sub- for Protective Footwear,’’ which are stances which may require emergency incorporated by reference in § 1917.3; bathing, eye washing or other facili- (ii) ANSI Z41–1999, ‘‘American Na- ties, the employer shall provide such tional Standard for Personal Protec- facilities and maintain them in good tion—Protective Footwear,’’ which is working order. incorporated by reference in § 1917.3; or [48 FR 30909, July 5, 1983, as amended at 62 (iii) ANSI Z41–1991, ‘‘American Na- FR 40201, July 25, 1997; 65 FR 40941, June 30, tional Standard for Personal Protec- 2000] tion—Protective Footwear,’’ which is incorporated by reference in § 1917.3. § 1917.96 Payment for protective (2) Protective footwear that the em- equipment. ployer demonstrates is at least as ef- (a) Except as provided by paragraphs fective as protective footwear that is (b) through (f) of this section, the pro- constructed in accordance with one of tective equipment, including personal the above consensus standards will be protective equipment (PPE), used to deemed to be in compliance with the comply with this part, shall be pro- requirements of this section. vided by the employer at no cost to [62 FR 40201, July 25, 1997, as amended at 74 employees. FR 46359, Sept. 9, 2009] (b) The employer is not required to pay for non-specialty safety-toe protec- § 1917.95 Other protective measures. tive footwear (including steel-toe shoes (a) Protective clothing. (1) Employees or steel-toe boots) and non-specialty performing work that requires special prescription safety eyewear, provided protective clothing shall be directed by that the employer permits such items the employer to wear the necessary to be worn off the job-site. special protective clothing. (c) When the employer provides (2) When necessary, protective cloth- metatarsal guards and allows the em- ing previously worn shall be cleaned ployee, at his or her request, to use and disinfected before reissuance. shoes or boots with built-in metatarsal (b) Personal flotation devices (PFDs). protection, the employer is not re- (1) The employer shall provide, and quired to reimburse the employee for shall direct the wearing of PFDs for the shoes or boots. those employees, such as line handlers, (d) The employer is not required to who are engaged in work in which they pay for: may be pulled into the water: (1) Everyday clothing, such as long- (i) When such employees are working sleeve shirts, long pants, street shoes, in isolation, or and normal work boots; or (ii) Where physical limitations of (2) Ordinary clothing, skin creams, or available working space creates a haz- other items, used solely for protection ard of falling into the water, or from weather, such as winter coats, (iii) Where the work area is ob- jackets, gloves, parkas, rubber boots, structed by cargo or other obstacles so hats, raincoats, ordinary sunglasses, as to prevent employees from obtaining and sunscreen. safe footing for their work. (e) The employer must pay for re- (2) PFDs (life preservers, life jackets, placement PPE, except when the em- or work vests) worn by each affected ployee has lost or intentionally dam- employee must be United States Coast aged the PPE. Guard (USCG) approved pursuant to 46 (f) Where an employee provides ade- CFR part 160 (Type I, II, III, or V PFD) quate protective equipment he or she

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owns, the employer may allow the em- leading to pilings or vessel mooring or ployee to use it and is not required to berthing installations, which present a reimburse the employee for that equip- hazard of falling more than 4 feet (1.22 ment. The employer shall not require m) or into the water, except as speci- an employee to provide or pay for his fied in paragraph (b)(2) of this section. or her own PPE, unless the PPE is ex- (2) Guardrails are not required: cepted by paragraphs (b) through (e) of (i) At loading platforms and docks; this section. (ii) At waterside edges used for cargo (g) This section shall become effective on February 13, 2008. Employers handling; must implement the PPE payment re- (iii) On the working sides of work quirements no later than May 15, 2008. platforms, skids or similar workplaces; or NOTE TO § 1917.96: When the provisions of (iv) On railroad rolling stock, high- another OSHA standard specify whether or not the employer must pay for specific way vehicles, intermodal containers or equipment, the payment provisions of that similar equipment. standard shall prevail. (3) Where guardrails are impracti- [72 FR 64429, Nov. 15, 2007] cable due to machinery requirements or work processes, an alternate means Subpart F—Terminal Facilities of protecting employees from falling, such as nets, shall be used. § 1917.111 Maintenance and load lim- (c) Criteria for guardrails. Guardrails its. shall meet the following criteria: (a) The structural integrity of docks, (1) They shall be capable of with- piers, wharves, terminals and working standing a force of at least 200 pounds surfaces shall be maintained. (890 N) applied in any direction at mid- (b) Maximum safe load limits, in span of the top rail (when used), or at pounds per square foot (kilograms per the uppermost point if there is no top square meter), of floors elevated above rail. ground level, and pier structures over (2) If not of solid baluster, grillwork, the water shall be conspicuously posted slatted or similar construction, guard- in all cargo areas. (c) Maximum safe load limits shall rails shall consist of top rails and not be exceeded. midrails. Midrails, when used, shall be (d) All walking and working surfaces positioned at approximately half the in the terminal area shall be main- height of the top rail. tained in good repair. (3) The top surface of guardrails installed before October 3, 1983, shall be § 1917.112 Guarding of edges. at least 36 inches (0.91 m) high. Those (a) Vehicle protection. (1) Vehicle installed after October 3, 1983, shall be curbs, bull rails, or other effective bar- 42 inches (1.07 m), plus or minus 2 riers at least six inches (15.24 cm) in inches (5.1 cm), high. height shall be provided at the water- (4) Any non-rigid railing such as side edges of aprons and bulkheads, ex- chain or wire rope shall have a max- cept where vehicles are prohibited. imum sag limit at the mid-point be- Curbs or bull rails installed after Octo- tween posts of not more than 6 inches ber 3, 1983, shall be at least 10 inches (15.24 cm). (25.4 cm) in height. (5) Top rails shall be free of puncture (2) The provisions of paragraph (a)(1) and laceration hazards. of this section also apply at the edge of any fixed level above the common floor (6) Rail ends shall not overhang to area from which vehicles may fall, ex- constitute a hazard, but this does not cept at loading docks, platforms and prohibit scrollwork, boxed ends or skids where cargo is moved by vehicles. similar non-hazardous projections. (b) Employee protection. (1) Guardrails (d) Toeboards. Toeboards shall be pro- shall be provided at locations where vided when employees below could be employees are exposed to floor or wall exposed to falling objects such as tools. openings or waterside edges, including Toeboards shall be at least 31⁄2 inches bridges or gangway-like structures (8.9 cm) in height from top edge to

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floor level, and be capable of with- (4) Lifting gear and hardware shall be standing a force of 50 pounds (222 N) ap- maintained in safe condition. plied in any direction. Drainage clear- (5) Lifting ropes, when used, shall be ance under toeboards is permitted. placed out of the work area and off the (e) Stair railings. Stair railings shall floor. be capable of withstanding a force of at (c) Horizontal sliding. (1) Horizontal least 200 pounds (890 N) applied in any sliding door rollers shall be con- direction, and shall not be more than structed to prevent the door from 36 inches (0.91 m) nor less than 32 jumping from overhead tracks. inches (0.81 m) in height from the upper (2) Sliding doors shall be secured to top rail surface to the tread surface in prevent them from swinging. line with the leading edge of the tread. Railings and midrails shall be provided § 1917.115 Platforms and skids. at any stairway having four or more (a) Platforms and skids extending risers, as follows: from piers, transit sheds or lofts and (1) For stairways less than 44 inches used for landing or hooking on drafts (1.12 m) wide, at least one railing; and shall be provided at the open sides with (2) For stairways more than 44 inches guardrails meeting the requirements of (1.12 m) but less than 88 inches (2.24 m) § 1917.112(c) or alternate means, such as wide, a stair rail or handrail on each nets, to protect employees against side, and if 88 or more inches wide, an falls. additional intermediate handrail. (b) Any employee working below a (f) Condition. Railings shall be main- second-story platform or skid shall be tained free of sharp edges and in good protected from falling objects by a net repair. stretched from the platform or skid to [48 FR 30909, July 5, 1983, as amended at 62 the vessel. FR 40201, July 25, 1997; 65 FR 40941, June 30, (c) Platforms and skids shall be 2000] strong enough to bear the loads handled and shall be maintained in safe § 1917.113 Clearance heights. condition. Safe working loads, which Clearance heights shall be promi- shall be posted or marked on or adja- nently posted where the height is in- cent to platforms and skids, shall have sufficient for vehicles and equipment. a minimum safety factor of five for any part, based upon maximum anticipated § 1917.114 Cargo doors. static loading conditions and the ulti- (a) Mechanically operated. (1) Cargo mate strength of the construction ma- door counterweights shall be guarded. terial. (2) Lift trucks and cranes shall not be (d) The employer shall provide and used to move mechanically operated maintain platform and skid attach- doors except when necessary during re- ments that will prevent accidental pair on the doors, in which case ropes movement of the skid or platform. or other guarding shall be provided to prevent entry into the area where the § 1917.116 Elevators and escalators. door may fall or slide. (a) ‘‘Elevator’’ means a permanent (3) Vertically operated doors par- hoisting and lowering mechanism with tially opened for work or ventilation a car or platform moving vertically in shall be secured to prevent accidental guides and serving two or more floors closing. of a structure. The term excludes such (b) Tackle operated. (1) The door shall devices as conveyors, tiering or piling be connected to its lifting tackle with machines, material hoists, skip or fur- shackles or equally secure means. nace hoists, wharf ramps, lift bridges, (2) Lifting bridles and tackles shall car lifts and dumpers. have a safety factor of five, based upon (b) ‘‘Escalator’’ means a power-driven maximum anticipated static loading continuous moving stairway prin- conditions. cipally intended for the use of persons. (3) Devices shall be provided to hold (c) No elevator or escalator with a overhead doors in the open position defect which affects safety shall be and to secure them when closed. used.

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(d) Elevator safety devices shall not (18) Brake; be overridden or made inoperable. (19) Electrical switches; (e) Elevators and escalators shall be (20) Vibration and misalignment; thoroughly inspected at intervals not (21) ‘‘Skip’’ on up or down run when exceeding one year. Additional month- mounting the step (indicating worn ly inspections for satisfactory oper- gears); and ation shall be conducted by designated (22) Emergency exit ladders. persons. Records of the results of the (b) Inspection records. Inspection latest annual elevator inspections shall records shall be kept for at least one be posted in elevators. Records of an- year. The record of the most recent in- nual escalator inspections shall be spection shall be posted in the vicinity posted in the vicinity of the escalator of the manlift or in the terminal. or be available at the terminal. (c) Emergency stop. An emergency (f) Elevator landing openings shall be stop device shall be available within provided with doors, gates or equiva- easy reach from any position on the lent protection which shall be in place belt. when the elevator is not at that land- (d) Instructions. Manlift use instruc- ing, to prevent employees from falling tions shall be conspicuously posted. into the shaft. (e) Top floor warning sign and light. (g) The elevator’s or escalator’s max- An illuminated sign and red light that imum load limits shall be posted and are visible to the user shall be provided not exceeded. Elevator load limits under the top floor opening of the shall be posted conspicuously both in- manlift to warn the user to get off at side and outside of the car. that floor. (h) Elevators shall be operated only (f) Bottom floor warning sign. A sign by designated persons except for auto- visible to descending passengers shall matic or door interlocking elevators be provided to warn them to get off at which provide full shaft door closing the bottom floor. and automatic car leveling. (g) Upper limit stop. An automatic [48 FR 30909, July 5, 1983, as amended at 49 stop device shall be provided to stop FR 28551, July 13, 1984; 61 FR 5509, Feb. 13, the manlift when a loaded step passes 1996] the top landing, except that manlifts installed after October 3, 1983 shall § 1917.117 Manlifts. have two such devices. (a) Inspection. Manlifts shall be in- (h) Handholds and steps. Each step spected monthly by a designated per- shall be provided with a corresponding son. Safety switches shall be checked handhold. weekly. Manlifts found to be unsafe (i) Emergency ladder. A fixed emer- shall not be operated until repaired. In- gency ladder accessible from any posi- spections shall include at least the fol- tion on the lift and in accordance with lowing: the requirements of § 1917.118(d) shall (1) Step fastenings; be provided for the entire run of the (2) Rails; manlift. (3) Rail supports and fastenings; (j) Landings. (1) Clear and unob- (4) Roller and slides; structed landing spaces shall be pro- (5) Belt and belt tension; vided at each level. Manlifts con- (6) Handholds and fastenings; structed after October 3, 1983 and that (7) Floor landings; have a distance of 50 feet (15.24 m) or (8) Guardrails; more between floor landings shall have (9) Lubrication; an emergency landing every 25 feet (10) Safety switches; (7.62 m) or less of manlift travel. (11) Warning signs and lights; (2) Open sides of emergency landings (12) Illumination; shall be protected by guardrails. (13) Drive pulley; (3) Floor landing entrances and exits (14) Bottom (boot) pulley and clear- shall be guarded by mazes, self-closing ance; gates, or equivalent devices. (15) Pulley supports; (4) Landings shall be of sufficient size (16) Motor; and strength to support 250 pounds (17) Drive mechanism; (1,112 N).

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(k) Floor opening guards. The ascend- lines and lanyards, or sliding attaching sides of manlift floor openings shall ments. be provided with cones or bevel guards (4) Well means a permanent complete to direct the user through the open- enclosure around a fixed ladder, which ings. is attached to the walls of the well. (l) Maintenance. Manlifts shall be (c) Defects. (1) Ladders with broken, equipped, maintained, and used in ac- split or missing rungs, steps or rails, cordance with the manufacturer’s spec- broken welds or connections, corrosion ifications, which shall be available at or wastage or other defect which may the terminal. affect safe use shall be removed from (m) Bottom pulley. (1) The lower pul- service. ley shall be supported by the lowest (2) Ladder repairs shall provide landing. strength at least equivalent to that of (2) Sides of the bottom pulley support the original ladder. shall be guarded to prevent contact (d) Ladder specifications. (1)(i) Ladders with the pulley or the steps. installed before October 3, 1983, shall be (n) Top clearance. A clearance of at capable of withstanding without dam- least 11 feet (3.35 m) shall be provided age a minimum concentrated load, ap- between the top landing and the ceil- plied uniformly over a 31⁄2 inch (8.9 cm) ing. width at the rung center, of 200 pounds (o) Brakes. Manlifts shall be equipped (890 N). with brakes that are: (ii) Ladders installed after October 3, (1) Self-engaging; 1983 shall be capable of withstanding (2) Electrically released; and 250 pounds (1,112 N) applied as described (3) Capable of stopping and holding in paragraph (d)(1)(i) of this section. If the manlift when the descending side is used by more than one employee simul- loaded with the maximum rated load. taneously, the ladder as a unit shall be [48 FR 30909, July 5, 1983, as amended at 65 capable of simultaneous additional FR 40941, June 30, 2000] loading in 250 pound (1,112 N) incre- ments for each additional employee, § 1917.118 Fixed ladders. applied to a corresponding number of (a) Scope and applicability. This sec- rungs. The unit shall have a safety fac- tion applies to all fixed ladders except: tor of four (4), based on ultimate (1) Ladders forming an integral part strength, in the designed service. of railway cars, highway carriers, (2)(i) Ladders installed before Octo- cargo containers or other transpor- ber 3, 1983, shall have rungs evenly tation carrier equipment; spaced from nine to 161⁄2 inches (22.9 to (2) Climbing devices such as step 41.9 cm) apart, center to center. bolts or structural members of tanks (ii) Ladders installed after October 3, and towers; 1983 shall have rungs evenly spaced (3) Ladders built into or vertically from 12±2 inches (30.5±5.08 cm) apart, attached to tubular scaffold framing; center to center. and (3)(i) Ladders installed before Octo- (4) Ladders used only for fire-fighting ber 3, 1983 shall have a width between or emergency purposes. side rails of at least 10 inches (25.4 cm). (b) Definitions—(1) Cage (basket (ii) Ladders installed after October 3, guard) means a barrier enclosing or 1983 shall have a width between side nearly enclosing a ladder’s climbing rails of at least 12 inches (30.48 cm). space and fastened to one or both of (4) The minimum distance between the ladder’s side rails or to another the rung center line and the nearest structure. permanent object behind the rung shall (2) Fixed ladder means a ladder, in- be 4 inches (10.16 cm), except that in cluding individual rung ladders, perma- ladders installed after October 3, 1983, nently attached to a structure, build- the minimum distance shall be 7 inches ing or piece of equipment. (17.78 cm) unless physical limitations (3) Ladder safety device means a sup- make a lesser distance, not less than port system limiting an employee’s 41⁄2 inches (11.43 cm), necessary. drop or fall from the ladder, and which (5) When a ladder passes through an may incorporate friction brakes, life- opening or past overhead obstructions,

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a minimum 24 inch (.61 m) clearance (ii) Be repaired only with replace- shall exist between the climbing side ment parts having performance capa- and any obstruction. Where this dis- bility at least equal to that of the tance is less than 30 inches (0.76 m), a original parts; deflection device shall be installed for (iii) Have a connection length be- guidance through the opening. tween carrier centerlines and safety (6) The side rails of ladders shall ex- belts of 10±2 inches (25.4±5.08 cm); and tend at least 36 inches (0.91 m) above (iv) Be installed in a manner that the top landing surface, unless grab does not reduce the ladder’s structural bars or equivalent holds are provided. capability. ° (7) Ladders whose pitch exceeds 90 to (5) Ladder cages or wells shall: the horizontal (slanting backward on (i) Be of rigid construction that al- the climbing side) shall not be used. lows unobstructed use but prevents an (e) Protection against falls. (1) Fixed employee from falling through or dis- ladders more than 20 feet (6.1 m) in lodging the cage or well by falling height shall be provided with a cage, against it; well, or ladder safety device. (2) When a well or cage is used, lad- (ii) Have smooth inner surfaces; ders with length of climb exceeding 30 (iii) Extend at least 36 inches (0.91m) feet (9.14 m) shall comply with the fol- above landings; and lowing provisions: (iv) Extend to within 8 feet (2.44 m) (i) The ladder shall consist of mul- above the ground or base, except that a tiple sections not exceeding 30 feet (9.14 maximum of 20 feet (6.1 m) is permitted m) each; where the cage or well would extend (ii) Each section shall be horizontally into traffic lanes. offset from adjacent sections, except as (6) Ladders installed after (effective specified in paragraph (e)(2)(iv) of this date of standard) on radio, microwave section, and communications, electrical power and (iii) A landing platform capable of similar towers, poles and structures, supporting a load of 100 pounds per including stacks and chimneys, shall square foot (4.79 kPa) and fitted with meet the requirements of this para- guardrails complying with Sec. graph (e). 1917.112(c) shall be provided at least (f) Individual rung ladders. Ladders every 30 feet (9.14 m), except as speci- consisting of individual rungs that are fied in paragraph (e)(2)(iv) of this sec- attached to walls, conical manhole section. tions or river cells shall: (iv) For ladders installed after Octo- (1) Be capable of supporting a load of ber 3, 1983, offset sections and landing 350 pounds (1557 N) without deforma- platforms are not required if hinged tion; platforms capable of supporting 100 (2) Form a continuous ladder, uni- pounds per square foot (4.79 kPa), and formly spaced vertically from 12 inches which are kept closed except when to 16 inches (30.5 to 40.6 cm) apart, with opened for passage, are within the cage a minimum width of 10 inches (25.4 cm) or well at intervals not exceeding 30 and projecting at least 41⁄2 inches (11.43 feet (9.14 m). cm) from the wall; (3) Ladders equipped with ladder safe- (3) Be so constructed that an employ- ty devices shall have rest platforms; ee’s foot cannot slide off the ends; and (i) Capable of supporting a load of 100 (4) Be firmly attached and without pounds per square foot (4.79 kPa); sharp edges. (ii) Located at intervals of 150 feet (45.7 m) or less; and [48 FR 30909, July 5, 1983, as amended at 62 (iii) Protected by guardrails com- FR 40201, July 25, 1997; 65 FR 40941, June 30, plying with § 1917.112(c) of three sides. 2000] (4) Where used, ladder safety devices shall: § 1917.119 Portable ladders. (i) Be installed and maintained in ac- (a) Scope and applicability. This sec- cordance with the manufacturer’s in- tion applies to all portable ladders, instructions, which shall be available for cluding job-made ladders for temporary inspection; use, unless otherwise specified.

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(b) Standards for existing manufactured (ii) Broken or split side rails; portable ladders. (1) Rungs of manufac- (iii) Missing or loose bolts, rivets or tured portable ladders obtained before fastenings; October 3, 1983, shall be capable of sup- (iv) Defective ropes; or porting a 200-pound (890 N) load with- (v) Any other structural defect. out deformation. (2) Ladders shall be inspected for de- (2) Rungs shall be evenly spaced from fects prior to each day’s use, and after 9 to 161⁄2 inches (22.9 to 41.9 cm), center any occurrence, such as a fall, which to center. could damage the ladder. (3) Rungs shall be continuous members between rails. Each rung of a dou- (f) Ladder usage. (1) Ladders made by ble-rung ladder (two side rails and a fastening rungs or devices across a sin- center rail) shall extend the full width gle rail are prohibited. of the ladder. (2) Ladders shall not be used: (4) Width between side rails at the (i) As guys, braces or skids; or base of the ladder shall be at least 12 (ii) As platforms, runways or scaf- inches (30.48 cm) for ladders 10 feet (3.05 folds. m) or less in overall length, and shall (3) Metal and wire-reinforced ladders increase at least 1⁄4 inch (0.64 cm) for with wooden side rails shall not be used each additional 2 feet (0.61 m) of ladder when employees on the ladder might length. come into contact with energized elec- (c) Standards for manufactured port- trical conductors. able ladders. Portable manufactured (4) Individual sections from different ladders obtained after January 21, 1998 multi-sectional ladders or two or more shall bear identification indicating single straight ladders shall not be tied that they meet the appropriate ladder or fastened together to achieve addi- construction requirements of the fol- tional length. lowing standards: (5) Except for combination ladders, ANSI A14.1–1990, Safety Requirements self-supporting ladders shall not be for Portable Wood Ladders used as single straight ladders. ANSI A14.2–1990, Safety Requirements (6) Unless intended for cantilever op- for Portable Metal Ladders eration, non-self-supporting ladders ANSI A14.5–1992, Safety Requirements shall not be used to climb above the for Portable Reinforced Plastic Lad- top support point. ders (7) Ladders shall extend at least 36 (d) Standards for job-made portable lad- inches (0.91 m) above the upper support ders. Job-made ladders shall: level if employees are to leave or (1) Have a minimum and uniform dis- mount the ladder at that level, except tance between rungs of 12 inches (30.48 that where such extension is imprac- cm), center to center; tical other equivalent means such as (2) Are capable of supporting a 250- grab bars may be used to provide a pound (1,112 N) load without deforma- hand grip. tion; and (8) Ladders shall be securely posi- (3) Have a minimum width between tioned on a level and firm base. side rails of 12 inches (30.48 cm) for ladders 10 feet (3.05 m) in height. Width (9) Ladders shall be fitted with slip- resistant bases and secured at top or between rails shall increase at least 1⁄4 inch (0.64 cm) for each additional 2 feet bottom to prevent the ladder from slip- (0.61 m) of ladder length. ping. (e) Maintenance and inspection. (1) (10) The employer shall direct that The employer shall maintain portable ladders shall be placed so that employ- ladders in safe condition. Ladders with ees climbing are not exposed to injury the following defects shall not be used from projecting objects or doors that and either shall be tagged as unusable open toward the ladder. if kept on the premises or shall be re- [48 FR 30909, July 5, 1983, as amended at 62 moved from the worksite: FR 40201, July 25, 1997; 65 FR 40941, June 30, (i) Broken, split or missing rungs, 2000] cleats or steps;

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§ 1917.120 Fixed stairways. inches (76.2 cm) in height from the tread surface at the riser face. (a) Definition. ‘‘Fixed stairway’’ (6) Maintenance. Fixed stairways means interior and exterior stairs serv- shall be maintained in safe condition ing machinery, tanks and equipment, and shall not be obstructed. and stairs to or from floors, platforms or pits. The term does not apply to [48 FR 30909, July 5, 1983, as amended at 65 stairs intended only for fire exit pur- FR 40942, June 30, 2000] poses, to articulated stairs (the angle of which changes with the rise and fall § 1917.121 Spiral stairways. of the base support) or to stairs form- (a) Definition. ‘‘Spiral stairway’’ ing an intergral part of machinery. means one with closed circular form, (b) New installations. (1) Fixed stairs uniform sector-shaped treads and a installed after October 3, 1983 shall be supporting column. positioned within the range of 30 de- (b) Requirements. Spiral stairways grees to 50 degrees to the horizontal shall meet the following requirements: with uniform riser height and tread (1) Stairways shall conform to the width throughout each run and be ca- minimum dimensions of Figure F–1; pable of a minimum loading of 100 pounds per square foot (445 N) and a minimum concentrated load of 300 pounds (1,334 N) at the center of any treadspan. Riser height shall be from 6 to 7.5 inches (15.24 to 19.05 cm), stair width a minimum of 22 inches (55.88 cm) between vertical barriers, tread depth a minimum of 12±2 inches (30.48±5.08 cm), and tread nosing shall be straight leading edges. (2) Stair landings shall be at least 20 inches (50.8 cm) in depth. Where doors or gates open on a stairway, a landing platform shall be provided. Door swing shall not reduce effective standing area on the landing to less than 18 inches SPIRAL STAIRWAY—MINIMUM DIMENSIONS (45.72 cm) in depth. (3) Fixed stairs having four or more A (half-tread width) B risers shall have stair railings or handrails complying with § 1917.112(c)(1). Normal use by employ- 11 inches (27.94 6 inches (15.24 (4) Railing height from tread surface ees. cm). cm). Limited access ...... 9 inches (22.86 5 inches (12.7 at the riser face shall be 33±3 inches cm). cm). (83.82 cm ±7.62 cm). (5) Restricted areas. When physical (2) Stairway risers shall be uniform features require stairs steeper than and shall range from 61⁄2 to 101⁄2 inches those provided for by paragraph (b)(1) (16.5 to 26.67 cm) in height; of this section, stairs at angles of 50° to (3) Minimum loading capability shall 75° from the horizontal may be used if be 100 pounds per square foot (4.79kN), they: and minimum tread center con- (i) Are capable of a single concentrated loading shall be 300 pounds centrated load of 200 pounds (890 N) at (1334 N); the tread centers; (4) Railings shall conform to the re- (ii) Have open treads at least 4 inches quirements of § 1917.112(c)(1). If balus- (10.16 cm) in depth and 18 inches (45.72 ters are used, there shall be a min- cm) in width with a uniformly spaced imum of one per tread. Handrails shall vertical rise between treads of 6 to 9.5 be a minimum of 11⁄4 inches (3.18 cm) in inches (15.24 to 24.13 cm); and outside diameter; and (iii) Have handrails that meet the re- (5) Vertical clearance shall be at quirements of § 1917.112(c)(1) on both least 6 feet, 6 inches (1.98 m) above the sides and that are not less than 30 top step.

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(c) Maintenance. Spiral stairways § 1917.124 Dockboards (car and bridge shall be maintained in safe condition. plates). [48 FR 30909, July 5, 1983, as amended at 62 (a) General. The employer shall pro- FR 40201, July 25, 1997; 65 FR 40942, June 30, vide safe means of passage between dif- 2000] ferent surface levels and across openings. § 1917.122 Employee exits. (b) [Reserved] (a) Employee exits shall be clearly (c) Dockboards (car and bridge plates). marked. (1) Dockboards shall be strong enough (b) If an employee exit is not visible to support the loads imposed on them. from employees’ work stations, direc- (2) Portable dockboards shall be an- tional signs indicating routes to the chored in position or be equipped with exit shall be posted. devices to prevent their movement. (c) Exits shall be readily accessible and sufficient in number to provide em- (3) Hand holds or other effective ployees with a convenient means of es- means shall be provided on portable cape in emergencies. A clear passage to dockboards to permit safe handling. the exit shall be maintained. (4) Positive means shall be used to (d) The minimum width of any em- prevent railcars or highway vehicles ployee exit shall be 28 inches (71.12 cm). from being moved while dockboards or bridge plates are in position. [48 FR 30909, July 5, 1983, as amended at 65 (5) Be designed, constructed, and FR 40942, June 30, 2000] maintained to prevent vehicles from § 1917.123 Illumination. 9 running off the edge. 10 (6) Dockboards shall be well main- (a) Working and walking areas shall be illuminated. Unless conditions de- tained. scribed in the regulations of the United (d) Ramps. (1) Ramps shall be strong States Coast Guard (33 CFR 126.15(1) enough to support the loads imposed on and (n), and 33 CFR 154.570) exist in the them and be designed, constructed, and case of specific operations, illumina- maintained to prevent vehicles from tion in active work areas (for example, running off the edge. 11 cargo transfer points) shall be of an av- (2) Ramps shall be equipped with a erage minimum light intensity of 5 guardrail meeting the requirement of foot-candles. The illumination in other § 1917.112(c)(1) if the slope is more than work areas (for example, farm areas) 20 degrees to the horizontal or if em- shall be of an average minimum light ployees could fall more than 4 feet (1.22 intensity of 1 foot-candle except for se- m). curity purposes when a minimum light (3) Ramps shall have slip-resistant intensity of 1⁄2 foot-candle shall be surfaces. maintained. Where occasional work (4) When necessary to prevent dis- tasks require more light than that placement by vehicle wheels, steel which is consistently and permanently plates or similar devices used to tem- provided, supplemental lighting shall porarily bridge or cover uneven sur- be used. faces or tracks, shall be anchored. (b) The lighting intensity shall be (5) Ramps shall be well maintained. measured at the task/working surface, in the plane in which the task/working [48 FR 30909, July 5, 1983, as amended at 62 surface is present. FR 40201, July 25, 1997; 65 FR 40942, June 30, (c) Lights shall, so far as possible, be 2000] placed so that they will not shine in the eyes of employees. 10 When the gap to be bridged to greater than 36 inches (.91 m), an acceptable means [48 FR 30909, July 5, 1983, as amended at 62 of preventing vehicles from running off the FR 40201, July 25, 1997] edge is a minimum side board height of two and three-quarter inches. 9 The United States Coast Guard, at 33 CFR 11 When the gap to be bridged is greater 126.15(1) and (n), and 33 CFR 154.570 sets out than 36 inches (.91 m), an acceptable means requirements for illumination at ‘‘des- of preventing vehicles from running off the ignated waterfront facilities’’ and ‘‘large oil edge is a minumum side board height of two transfer facilities.’’ and three-quarter inches.

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§ 1917.125 Guarding temporary haz- (3) Common drinking cups are prohib- ards. ited. Ditches, pits, excavations and sur- (c) Prohibited eating areas. Consump- faces in poor repair shall be guarded by tion of food or beverages in areas where readily visible barricades, rails or hazardous materials are being stored or other equally effective means. handled shall be prohibited. (d) Garbage and overboard discharges. § 1917.126 River banks. Work shall not be conducted in the im- (a) This section applies to temporary mediate vicinity of uncovered garbage installations or temporary operations or in the way of overboard discharges near a river bank. from the vessel’s sanitary lines unless (b) Where working surfaces at river employees are protected from the gar- banks slope so steeply that an em- bage or discharge by a baffle or splash ployee could slip or fall into the water, boards. the outer perimeter of the working sur- [48 FR 30909, July 5, 1983,, as amended at 76 face shall be protected by posting or FR 33610, June 8, 2011] other portable protection such as rop- ing off. In these situations, employees § 1917.128 Signs and marking. must wear a personal flotation device (a) General. Signs required by this meeting the requirements of part shall be clearly worded and leg- § 1917.95(b). ible, and shall contain a key word or [48 FR 30909, July 5, 1983, as amended at 62 legend indicating the reason for the FR 40201, July 25, 1997] sign. (1) Key words are such words as Dan- § 1917.127 Sanitation. ger, Warning, Caution. (a) Washing and toilet facilities. (1) The (2) Legends are more specific expla- employer shall provide accessible nations such as High Voltage, Close washing and toilet facilities sufficient Clearance, Pedestrian Crossing. for the sanitary requirements of em- (b) Specific. Every marine terminal ployees. The facilities shall have: shall have conspicuously posted signs (i) Running water, including hot and as follows: cold or tepid water at a minimum of (1) Locations of first aid facilities; one accessible location (when cargo (2) Locations of telephones; handling is conducted at locations (3) Telephone numbers of the closest without permanent facilities, potable ambulance service, hospital or other water may be provided in lieu of run- source of medical attention, police, fire ning water); department, and emergency squad (if (ii) Soap; any); and (iii) Individual hand towels, clean in- (4) Locations of firefighting and dividual sections of continuous tow- emergency equipment and fire exits. eling, or air blowers; and (iv) Fixed or portable toilets in separate compartments with latch- Subpart G—Related Terminal equipped doors. Separate toilet facili- Operations and Equipment ties shall be provided for male and fe- male employees except when toilet § 1917.151 Machine guarding. rooms will be occupied by only one per- (a) Definition. ‘‘Guarded’’ means son at a time. shielded, fenced, or enclosed by covers, (2) Washing and toilet facilities shall casings, shields, troughs, spillways or be regularly cleaned and maintained in railings, or guarded by position or loca- good order. tion. Examples of guarding methods (b) Drinking water. (1) Potable drink- are guarding by location (positioning ing water shall be accessible to em- hazards so they are inaccessible to employees at all times. ployees) and point of operation guard- (2) Potable drinking water containers ing (using barrier guards, two-hand shall be clean, containing only water tripping devices, electronic safety de- and ice, and shall be fitted with covers. vices, or other such devices).

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(b) General. (1) Danger zones on ma- (3) They shall have non-kickback fin- chines and equipment used by employ- gers or dogs to oppose the tendency of ees shall be guarded. the saw to pick up material or throw (2) Where chips and dust produced by material toward the operator. machine operation may result in a haz- (d) Swing cutoff saws. (1) Swing cutoff ard to the operator, the machinery saws shall have hoods completely en- shall be equipped with an effective ex- closing the upper half of the saw, the haust system at the point of origin, or arbor end and the point of operation at other equally effective means shall be all saw positions to protect the oper- provided to protect the operator. ator from material thrown up by the (3) Fixed machinery shall be secured saw. The hood shall automatically to prevent shifting. cover the lower portion of the blade, so (4) A power cut-off device for machin- that when the saw returns to the back ery and equipment shall be provided at of the table the hood rises on top of the the operator’s working position. fence, and when the saw is moved for- (5) Machines driven by belts and ward the hood drops on top, remaining shafting shall be fitted with a belt- in contact with the table or the mate- locking or equivalent protective device rial. if the belt can be shifted. (2) Swing cutoff saws shall have a de- (6) In operations where injury to the vice to return the saw automatically to operator might result if motors were to the back of the table without rebound. restart after power failures, provisions The device shall not be dependent upon shall be made to prevent machines rope, cord or springs. from automatically restarting upon (3) Devices shall be provided to pre- restoration of power. vent saws from swinging beyond the (7) The power supply to machines front or back edges of the table. shall be turned off, locked out, and (4) Inverted swing cutoff saws shall tagged out during repair, adjustment, have hoods covering the part of the saw or servicing. protruding above the table top or the (8) Machines shall be maintained in a material being cut. Hoods shall auto- safe working condition. matically adjust to the thickness of, (9) Only designated employees shall and remain in contact with, material maintain or repair machinery and being cut. equipment. (e) Radial saws. Unless fixed or manu- (10) Machines with defects that affect ally adjustable enclosures or guards the safety of operation shall not be provide equivalent protection, radial used. saws shall be guarded as follows: (c) Hand-fed circular ripsaws and (1) The upper hood of radial saws hand-fed circular crosscut table saws. Un- shall enclose the upper portion of the less fixed or manually adjustable en- blade up to and including the end of closures or guarding provides equiva- the saw arbor and shall protect the op- lent protection, hand-fed circular erator from being struck by debris. The ripsaws and hand-fed circular crosscut sides of the lower exposed portion of table saws shall be guarded as follows the blade shall be guarded to the blade to keep employees clear of any danger diameter by a device automatically ad- zones: justing to the thickness of the stock (1) They shall be equipped with hoods and remaining in contact with the completely enclosing those portions of stock. The lower guard may be re- the saw above the table and the mate- moved only when the saw is used for rial being cut; bevel cuts; (2) They shall have spreaders to pre- (2) Radial saws used for ripping shall vent material from squeezing the saw. have non-kickback fingers or dogs on Spreaders shall be in true alignment both sides to oppose the thrust or tend- with the saw. Spreaders may be re- ency of the saw to pick up material or moved only during grooving, dadoing, throw material toward the operator; or rabbeting operations, and shall be (3) Adjustable stop shall be provided replaced at the completion of such op- to prevent travel of radial saw blades erations; and beyond the table’s edge;

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(4) Radial saws shall be installed so wheel wear. They shall be adjusted that the cutting head returns to the closely to the wheel with a maximum starting position without rebound opening of 1⁄8-inch (3.18 mm) and shall when released; and be securely clamped. Adjustment shall (5) The employer shall direct that not be made while the wheel is in mo- employees perform ripping and plough- tion. ing against the saw turning direction. (5) Grinding wheels shall fit freely on Rotation direction and an indication of the spindle. The spindle nut shall be the end of the saw to be used shall be tightened only enough to hold the conspicuously marked on the hood. wheel in place. (f) Band saws and band resaws. (1) Saw (6) Grinding machine wheels shall blades and band saw wheels shall be en- turn at a speed that is compatible with closed or guarded, except for the work- the rated speed of the wheel. ing portion of the blade between the (7) Flanges and blotters shall be used bottom of the guide rolls and the table, only with wheels designed for their use. to protect employees from point-of-op- Flanges shall be of a type ensuring re- eration hazards and flying debris. tention of pieces of the wheel in case of (2) Band saws shall be equipped with breakage. brakes to stop the band saw wheel if (8) Abrasive wheels with operational the blade breaks. defects shall not be used. (3) Band saws shall be equipped with (h) Rotating parts, drives and connec- a tension control device to keep the tions. (1) Rotating parts, such as gears blade taut. and pulleys, that are located 7 feet (2.13 (g) Abrasive wheels and machinery. (1) m) or less above working surfaces shall Abrasive wheels shall be used only on be guarded to prevent employee con- machines having enclosure guards to tact with moving parts. restrain pieces of grinding wheels and (2) Belt, rope and chain drives shall to protect employees if the wheel be guarded to prevent employees from breaks, except as provided in para- coming into contact with moving graphs (g)(2) and (g)(3) of this section. parts. Where the operator must stand in front (3) Gears, sprockets and chains shall of the safety guard opening, the safety be guarded to prevent employees from guard shall be adjustable or have an coming into contact with moving adjustable tongue or piece at the top of parts. This requirement does not apply the opening. The safety guard or the to manually operated sprockets. tongue shall be adjusted so that they are always close to the periphery of the [48 FR 30909, July 5, 1983, as amended at 65 FR 40942, June 30, 2000] wheel. Guards shall be aligned with the wheel and the strength of fastenings § 1917.152 Welding, cutting and heat- shall be greater than the strength of ing (hot work) 12 (See also § 1917.2, the guard. definition of Hazardous cargo, ma- (2) When the work provides equiva- terials, substance, or atmosphere). lent protection, or when the machine is (a) Definition. ‘‘Hot work’’ means riv- designed as a portable saw, guards may eting, welding, flame cutting or other be constructed with the spindle end, fire or spark-producing operation. nut and outer flange exposed. When the (b) Hot work in confined spaces. Hot work entirely covers the side of the work shall not be performed in a con- wheel, the side covers of the guard may fined space until a designated person be removed. has tested the atmosphere and deter- (3) Guarding is not required: mined that it is not hazardous. (i) For wheels used for internal work (c) Fire protection. (1) To the extent while the wheel is contained within the possible, hot work shall be performed work being ground; or (ii) For mounted wheels 2 inches (5 12 cm) and smaller in diameter used in The U.S. Coast Guard, at 33 CFR 126.15(c), requires prior permission of the Captain of portable operations. the Port if welding or other hot work is to be (4) Work rests shall be used on fixed carried out at a facility where dangerous grinding machines. Work rests shall be cargoes as defined by 33 CFR 126.07 are lo- rigidly constructed and adjustable for cated or being handled.

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in designated locations that are free of mable or combustible substances shall fire hazards. either be filled with water or cleaned, (2) When hot work must be performed and shall then be ventilated. A des- in a location that is not free of fire ignated person shall test the atmos- hazards, all necessary precautions shall phere and determine that it is not haz- be taken to confine heat, sparks, and ardous before hot work is performed on slag so that they cannot contact flam- or in such structures. mable or combustible material. (ii) Before heat is applied to a drum, (3) Fire extinguishing equipment container or hollow structure, an open- suitable for the location shall be imme- ing to release built-up pressure during diately available and shall be main- heat application shall be provided. tained in readiness for use at all times. (d) Gas welding and cutting. (1) Com- (4) When the hot work operation is pressed gas cylinders: such that normal fire prevention pre- (i) Shall have valve protection caps cautions are not sufficient, additional in place except when in use, hooked up personnel shall be assigned to guard or secured for movement. Oil shall not against fire during hot work and for a be used to lubricate caps; sufficient time after completion of the (ii) Shall be hoisted only while se- work to ensure that no fire hazard re- cured, as on a cradle or pallet, and mains. The employer shall instruct all shall not be hoisted by magnet, choker employees involved in hot work oper- sling or cylinder caps; ations as to potential fire hazards and (iii) Shall be moved only by tilting or the use of firefighting equipment. rolling on their bottom edges; (5) Drums and containers which con- (iv) Shall be secured when moved by tain or have contained flammable or vehicle; combustible liquids shall be kept (v) Shall be secured while in use; closed. Empty containers shall be re- (vi) Shall have valves closed when moved from the hot work area. cylinders are empty, being moved or (6) When openings or cracks in floor- stored; ing cannot be closed, precautions shall (vii) Shall be secured upright except be taken to ensure that no employees when hoisted or carried; or flammable or combustible materials (viii) Shall not be freed when frozen on the floor below are exposed to by prying the valves or caps with bars sparks dropping through the floor. or by hitting the valve with a tool; Similar precautions shall be taken re- (ix) Shall not be thawed by boiling garding cracks or holes in walls, open water; doorways and open or broken windows. (x) Shall not be exposed to sparks, (7) Hot work shall not be performed: hot slag, or flame; (i) In flammable or potentially flam- (xi) Shall not be permitted to become mable atmospheres: part of electrical circuits or have elec- (ii) On or in equipment or tanks that trodes struck against them to strike have contained flammable gas or liquid arcs; or combustible liquid or dust-pro- (xii) Shall not be used as rollers or ducing material, until a designated supports; person has tested the atmosphere in- (xiii) Shall not have contents used side the equipment or tanks and deter- for purposes not authorized by the sup- mined that it is not hazardous; or plier; (iii) Near any area in which exposed (xiv) Shall not be used if damaged or readily ignitable materials such as defective; bulk sulphur, baled paper or cotton are (xv) Shall not have gases mixed with- stored. Bulk sulphur is excluded from in, except by gas suppliers; this prohibition if suitable precautions (xvi) Shall be stored so that oxygen are followed, the person in charge is cylinders are separated from fuel gas knowledgeable and the person per- cylinders and combustible materials by forming the work has been instructed either a minimum distance of 20 feet in preventing and extinguishing sul- (6.1 m) or a barrier having a fire-resist- phur fires. ance rating of 30 minutes; and (8)(i) Drums, containers or hollow (xvii) Shall not have objects that structures that have contained flam- might either damage the safety device

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or obstruct the valve placed on top of normal working pressure but not less the cylinder when in use. than 200 p.s.i. (1378.96 kPa) before (2) Use of fuel gas. Fuel gas shall be reuse. Defective hose shall not be used. used only as follows: (iv) Hose couplings shall not unlock (i) Before regulators are connected to or disconnect without rotary motion. cylinder valves, the valves shall be (v) Hose connections shall be opened slightly (cracked) and closed clamped or securely fastened to with- immediately to clear away dust or dirt. stand twice the normal working pres- Valves shall not be cracked if gas could sure but not less than 300 p.s.i. (2068.44 reach possible sources of ignition; kPa) without leaking. (ii) Cylinder valves shall be opened (vi) Gas hose storage boxes shall be slowly to prevent regulator damage ventilated. and shall not be opened more than 11⁄2 (4) Torches. (i) Torch tip openings turns. Any special wrench required for shall only be cleaned with devices de- emergency closing shall be positioned signed for that purpose. on the valve stem during cylinder use. (ii) Torches shall be inspected before For manifolded or coupled cylinders, at each use for leaking shut-off valves, least one wrench shall be immediately hose couplings and tip connections. available. Nothing shall be placed on Torches with such defects shall not be top of a cylinder or associated parts used. when the cylinder is in use. (iii) Torches shall not be lighted from (iii) Pressure-reducing regulators matches, cigarette lighters, other shall be attached to cylinder valves flames or hot work. when cylinders are supplying torches (5) Pressure regulators. Pressure regu- or devices equipped with shut-off lators, including associated gauges, valves; shall be maintained in safe working (iv) Cylinder valves shall be closed order. and gas released from the regulator or (6) Operational precaution. Gas weld- manifold before regulators are re- ing equipment shall be maintained free moved; of oil and grease. (v) Leaking fuel gas cylinder valves (e) Arc welding and cutting. (1) Manual shall be closed and the gland nut tight- electrode holders. (i) The employer ened. If the leak continues, the cyl- shall ensure that only manual elec- inder shall be tagged, removed from trode holders intended for arc welding service, and moved to a location where and cutting and capable of handling the leak will not be hazardous. If a reg- the maximum current required for such ulator attached to a valve stops a leak, welding or cutting shall be used. the cylinder need not be removed from (ii) Current-carrying parts passing the workplace but shall be tagged and through those portions of the holder may not be used again before it is re- gripped by the user and through the paired; and outer surfaces of the jaws of the holder (vi) If a plug or safety device leaks, shall be insulated against the max- the cylinder shall be tagged, removed imum voltage to ground. from service, and moved to a location (2) Welding cables and connectors. (i) where the leak will not be hazardous. Arc welding and cutting cables shall be (3) Hose. (i) Fuel gas and oxygen insulated, flexible and capable of han- hoses shall be easily distinguishable dling the maximum current required from each other by color or sense of by the operations, taking into account touch. Oxygen and fuel hoses shall not the duty cycles. be interchangeable. Hoses having more (ii) Only cable free from repair or than one gas passage shall not be used. splice for 10 feet (3 m) from the elec- (ii) When oxygen and fuel gas hoses trode holder shall be used unless insu- are taped together, not more than four lated connectors or splices with insu- (4) of each 12 inches (10.16 cm of each lating quality equal to that of the 30.48 cm) shall be taped. cable are provided. (iii) Hose shall be inspected before (iii) When a cable other than the lead use. Hose subjected to flashback or mentioned in paragraph (e)(2)(ii) of this showing evidence of severe wear or section wears and exposes bare conduc- damage shall be tested to twice the tors, the portion exposed shall not be

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used until it is protected by insulation (7) Arc welding or cutting equipment equivalent in performance capacity to having a functional defect shall not be the original. used. (iv) Insulated connectors of equiva- (8)(i) Arc welding and cutting oper- lent capacity shall be used for con- ations shall be separated from other necting or splicing cable. Cable lugs, operations by shields, screens, or cur- where used as connectors, shall provide tains to protect employees in the vicin- electrical contact. Exposed metal parts ity from the direct rays and sparks of shall be insulated. the arc. (3) Ground returns and machine (ii) Employees in areas not protected grounding. (i) Ground return cables from the arc by screening shall be pro- shall have current-carrying capacity tected by appropriate filter lenses in equal to or exceeding the total max- accordance with paragraph (h) of this imum output capacities of the welding section. When welders are exposed to or cutting units served. their own arc or to each other’s arc, (ii) Structures or pipelines, other they shall wear filter lenses complying than those containing gases or flam- with the requirements of paragraph (h) mable liquids or conduits containing of this section. electrical circuits, may be used in the (9) The control apparatus of arc weld- ground return circuit if their current- ing machines shall be enclosed, except carrying capacity equals or exceeds the for operating wheels, levers, and han- total maximum output capacities of dles. the welding or cutting units served. (10) Input power terminals, top change devices and live metal parts (iii) Structures or pipelines forming a connected to imput circuits shall be temporary ground return circuit shall enclosed and accessible only by means have electrical contact at all joints. of insulated tools. Arcs, sparks or heat at any point in the (11) When arc welding is performed in circuit shall cause rejection as a wet or high-humidity conditions, em- ground circuit. ployees shall use additional protection, (iv) Structures or pipelines acting such as rubber pads or boots, against continuously as ground return circuits electric shock. shall have joints bonded and main- (f) Ventilation and employee protection tained to ensure that no electrolysis or in welding, cutting and heating—(1) Me- fire hazard exists. chanical ventilation requirements. The (v) Arc welding and cutting machine employer shall ensure that general me- frames shall be grounded, either chanical ventilation or local exhaust through a third wire in the cable con- systems shall meet the following retaining the circuit conductor or quirements: through a separate wire at the source (i) General mechanical ventilation of the current. Grounding circuits shall shall maintain vapors, fumes and have resistance low enough to permit smoke below a hazardous level. sufficient current to flow to cause the (ii) Local exhaust ventilation shall fuse or circuit breaker to interrupt the consist of movable hoods positioned current. close to the work and shall be of such (vi) Ground connections shall be me- capacity and arrangement as to keep chanically and electrically adequate to breathing zone concentrations below carry the current. hazardous levels. (4) When electrode holders are left (iii) Exhausts from working spaces unattended, electrodes shall be re- shall be discharged into the open air, moved and holders placed to prevent clear of intake air sources; employee injury. (iv) Replacement air shall be clean (5) Hot electrode holders shall not be and respirable; and dipped in water. (v) Oxygen shall not be used for ven- (6) The employer shall ensure that tilation, cooling or cleaning clothing when arc welders or cutters leave or or work areas. stop work or when machines are (2) Hot work in confined spaces. Except moved, the power supply switch shall as specified in paragraphs (f)(3)(ii) and be kept in the off position. (f)(3)(iii) of this section, when hot work

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is performed in a confined space the base or filler metals shall be protected employer shall ensure that: by supplied air respirators, in accord- (i) General mechanical or local ex- ance with the requirements of haust ventilations shall be provided; or § 1910.134. (ii) Employees in the space shall (v) Any employee exposed to the wear supplied air respirators in accord- same atmosphere as the welder or ance with § 1910.134 and a standby on burner shall be protected by the same the outside shall maintain communica- type of respiratory and other protection with employees inside the space tive equipment as that worn by the and shall be equipped and prepared to welder or burner. provide emergency aid. (4) Inert-gas metal-arc welding. Em- (3) Welding, cutting or heating of toxic ployees shall not engage in and shall metals. (i) In confined or enclosed not be exposed to the inert-gas metal- spaces, hot work involving the fol- arc welding process unless the following metals shall only be performed lowing precautions are taken: with general mechanical or local ex- (i) Chlorinated solvents shall not be haust ventilation that ensures that used within 200 feet (61 m) of the ex- employees are not exposed to haz- posed arc. Surfaces prepared with ardous levels of fumes: chlorinated solvents shall be thor- (A) Lead base metals; oughly dry before welding is performed (B) Cadmium-bearing filler mate- on them. rials; and (ii) Employees in areas not protected (C) Chromium-bearing metals or met- from the arc by screening shall be pro- als coated with chromium-bearing ma- tected by appropriate filter lenses in terials. accordance with the requirements of (ii) In confined or enclosed spaces, paragraph (h) of this section. When hot work involving the following met- welders are exposed to their own arc or als shall only be performed with local to each other’s arc, filter lenses com- exhaust ventilation meeting the re- plying with the requirements of para- quirements of paragraph (f)(1) of this graph (h) of this section shall be worn section or by employees wearing sup- to protect against flashes and radiant plied air respirators in accordance with energy. § 1910.134; (iii) Employees exposed to radiation (A) Zinc-bearing base or filler metals shall have their skin covered com- or metals coated with zinc-bearing ma- pletely to prevent ultraviolet burns terials; and damage. Helmets and hand shields (B) Metals containing lead other than shall not have leaks, openings or high- as an impurity, or coated with lead- ly reflective surfaces. bearing materials; (iv) Inert-gas metal-arc welding on (C) Cadmium-bearing or cadmium- stainless steel shall not be performed coated base metals; and unless exposed employees are protected (D) Metals coated with mercury-bear- either by local exhaust ventilation or ing materials. by wearing supplied air respirators. (iii) Employees performing hot work (g) Welding, cutting and heating on in confined or enclosed spaces involv- preservative coatings. (1) Before hot ing beryllium-containing base or filler work is commenced on surfaces cov- metals shall be protected by local ex- ered by a preservative coating of un- haust ventilation and wear supplied air known flammability, a test shall be respirators or self-contained breathing made by a designated person to deter- apparatus, in accordance with the re- mine the coating’s flammability. Pre- quirements of § 1910.134. servative coatings shall be considered (iv) The employer shall ensure that highly flammable when scrapings burn employees performing hot work in the with extreme rapidity. open air that involves any of the met- (2) Appropriate precaution shall be als listed in paragraphs (f)(3)(i) and taken to prevent ignition of highly (f)(3)(ii) of this section shall be pro- flammable hardened preservative coat- tected by respirators in accordance ings. Highly flammable coatings shall with the requirements of § 1910.134, and be stripped from the area to be heated. those working on beryllium-containing An uncoiled fire hose with fog nozzle,

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under pressure, shall be immediately construction, major repair or rebuild- available in the hot work area. ing of terminal structures, or portable (3) Surfaces covered with preserva- spraying apparatus not used regularly tive coatings shall be stripped for at in the same location. least 4 inches (10.16 cm) from the area (b) Definitions—(1) Spraying area of heat application or employees shall means any area where flammable va- be protected by supplied air respirators pors, mists or combustible residues, in accordance with the requirements of dusts or deposits may be present due to § 1910.134 of this chapter. paint spraying operations. (h) Protection against radiant energy. (2) Spray booth means an enclosure (1) Employees shall be protected from containing a flammable or combustible radiant energy eye hazards by spec- spraying operation and confining and tacles, cup goggles, helmets, hand limiting the escape of paint, vapor and shields or face shields with filter lenses residue by means of a powered exhaust complying with the requirements of system. this paragraph. (3) Approved means, for the purpose of (2) Filter lenses shall have an appro- this section, that the equipment has priate shade number, as indicated in been approved for the specified use by a Table G–1, for the work performed. nationally recognized testing labora- Variations of one or two shade num- tory. bers are permissible to suit individual (c) Spray painting requirements for in- preferences. door and outdoor spraying areas and (3) If filter lenses are used in goggles booths. (1) Shut-off valves, containers worn under the helmet, the shade num- or piping with attached hoses or flexi- bers of both lenses equals the value ble connections shall have shut-off shown in Table G–1 for the operation. valves closed at the connection when not in use. TABLE G–1—FILTER LENSES FOR PROTECTION (2) Pumps used to transfer paint sup- AGAINST RADIANT ENERGY plies shall have automatic pressure-re- Operation Shade No. lieving devices. (3) Hoses and couplings shall be in- Soldering ...... 2. spected before use. Hoses showing dete- Torch Brazing ...... 3 or 4. Light cutting, up to 1 inch ...... 3 or 4. rioration, leakage or weakness in the Medium cutting, 1-6 inches ...... 4 or 5. carcass or at the couplings shall be re- Heavy cutting, over 6 inches ...... 5 or 6. moved from service. 1 Light gas welding, up to ⁄8 inch 4 or 5. (4)(i) No open flame or spark-pro- Medium gas welding, 1⁄8-1⁄2 inch 5 or 6. Heavy gas welding, over 1⁄2 inch 6 or 8. ducing equipment shall be within 20 Shielded Metal-Arc Welding 1⁄16 10 feet (6.1 m) of a spraying area unless it to 5⁄32-inch electrodes. is separated from the spraying area by Inert-gas Metal-Arc Welding 11. (Non-ferrous) 1/16- to 5/32- a fire-retardant partition. inch electrodes. (ii) Hot surfaces shall not be located Shielded Metal-Arc Welding: in spraying areas. 3/16- to 1⁄4-inch electrodes .. 12. 5/16- and 3⁄8-inch electrodes 14. (iii) Whenever combustible residues may accumulate on electrical installations, wiring shall be in rigid conduit [48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997; 65 FR 40942, June 30, or in boxes containing no taps, splices 2000] or connections. (iv) Portable electric lights shall not § 1917.153 Spray painting (See also be used during spraying operations. § 1917.2, definition of Hazardous Lights used during cleaning or repair- cargo, materials, substance, or ating operations shall be approved for the mosphere). location in which they are used. (a) Scope. This section covers paint- (5) When flammable or combustible ing operations connected with mainte- liquids are being transferred between nance of structures, equipment and containers, both containers shall be gear at the marine terminal and of bonded and grounded. transient equipment serviced at the (6)(i) Spraying shall be performed terminal. It does not apply to overall only in designated spray booths or painting of terminal structures under spraying areas.

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(ii) Spraying areas shall be kept as (10) Original closed containers, ap- free from combustible residue accumu- proved portable tanks, approved safety lations as practicable. cans or a piping system shall be used to (iii) Residue scrapings, debris, rags, bring flammable or combustible liquids and waste shall be removed from the into spraying areas. spraying area as they accumulate. (11) If flammable or combustible liq- (7) Spraying with organic peroxides uids are supplied to spray nozzles by and other dual-component coatings positive displacement pumps, the pump shall only be conducted in sprinkler- discharge line shall have a relief valve equipped spray booths. discharging either to a pump section or (8) Only the quantity of flammable or detached location, or the line shall be combustible liquids required for the op- equipped with a device to stop the eration shall be allowed in the spraying prime mover when discharge pressure area, and in no case shall the amount exceeds the system’s safe operating exceed a one-day supply. pressure. (9) Smoking shall be prohibited and (12) Wiring, motors and equipment in ‘‘No Smoking’’ signs shall be posted in a spray booth shall be of approved ex- spraying and paint storage areas. plosion-proof type for Class I, Group D (d) Additional requirements for spraying locations and conform to subpart S of areas and spray booths. (1) Distribution Part 1910 of this chapter for Class I, Di- or baffle plates shall be of noncombus- vision 1, Hazardous Locations. Wiring, tible material and shall be removable motors and equipment within 20 feet or accessible for cleaning. They shall (6.1m) of any interior spraying area and not be located in exhaust ducts. not separated by vapor-tight partitions (2) Any discarded filter shall be re- shall not produce sparks during oper- moved from the work area or placed in ation and shall conform to the require- water. ments of subpart S of Part 1910 of this (3) Filters shall not be used when the chapter for Class I, Division 2, Haz- material being sprayed is highly sus- ardous Locations. ceptible to spontaneous heating and ig- (13) Outside electrical lights within nition. 10 feet (3.05m) of spraying areas and (4) Filters shall be noncombustible or not separated from the areas by parti- of an approved type. The same filter tions shall be enclosed and protected shall not be used when spraying with from damage. different coating materials if the com- (e) Additional requirements for spray bination of materials may spontane- booths. (1) Spray booths shall be sub- ously ignite. stantially constructed of noncombus- (5) Spraying areas shall be mechani- tible material and have smooth inte- cally ventilated for removal of flam- rior surfaces. Spray booth floors shall mable and combustible vapor and mist. be covered with noncombustible mate- (6) Mechanical ventilation shall be in rial. As an aid to cleaning, paper may operation during spraying operations be used to cover the floor during paint- and long enough thereafter to exhaust ing operations if it is removed after the hazardous vapor concentrations. painting is completed. (7) Rotating fan elements shall be (2) Spray booths shall be separated nonsparking or the casing shall consist from other operations by at least 3 feet of or be lined with nonsparking mate- (0.91m) or by fire-retardant partitions rial. or walls. (8) Piping systems conveying flam- (3) A space of at least 3 feet (0.91m) mable or combustible liquids to the on all sides of the spray booth shall be spraying booth or area shall be made of maintained free of storage or combus- metal and be both bonded and ground- tible materials. ed. (4) Metal parts of spray booths, ex- (9) Air exhausted from spray oper- haust ducts, piping and airless high- ations shall not contaminate makeup pressure spray guns and conductive ob- air or other ventilation intakes. Ex- jects being sprayed shall be grounded. hausted air shall not be recirculated (5) Electric motors driving exhaust unless it is first cleaned of any haz- fans shall not be located inside booths ardous contaminants. or ducts.

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(6) Belts shall not enter ducts or (2) In case of spillage, filler caps shall booths unless the belts are completely be replaced and spillage disposed of be- enclosed. fore engines are started. (7) Exhaust ducts shall be made of (3) Engines shall be stopped and oper- steel, shall have sufficient access doors ators shall not be on the equipment to permit cleaning, and shall have a during refueling operations. minimum clearance of 18 inches (0.46m) (4) Smoking and open flames shall be from combustible materials. Any in- prohibited in areas used for fueling, stalled dampers shall be fully opened fuel storage or enclosed storage of when the ventilating system is oper- equipment containing fuel. ating. (5) Equipment shall be refueled only (8) Spray booths shall not be alter- at designated locations. nately used to spray different types of (6) Liquid fuels not handled by pump coating materials if the combination of shall be handled and transported only the materials may spontaneously ig- in portable containers or equivalent nite unless deposits of the first mate- means designed for that purpose. Port- rial are removed from the booth and able containers shall be metal, have from exhaust ducts before spraying of tight closures with screw or spring cov- the second material begins. ers and shall be equipped with spouts or other means to allow pouring with- [48 FR 30909, July 5, 1983, as amended at 65 out spilling. Leaking containers shall FR 40942, June 30, 2000] not be used. § 1917.154 Compressed air. (7) Flammable liquids may be dis- pensed in the open from a tank or from Employees shall be protected by chip other vehicles equipped for delivering guarding and personal protective fuel to another vehicle only if: equipment complying with the provi- (i) Dispensing hoses do not exceed 50 sions of subpart E of this part during feet (15.24 m) in length; and cleaning with compressed air. Com- (ii) Any powered dispensing nozzles pressed air used for cleaning shall not used are of the automatic-closing type. exceed a pressure of 30 psi. Compressed (8) Liquid fuel dispensing devices air shall not be used to clean employ- shall be provided with an easily acces- ees. sible and clearly identified shut-off device, such as a switch or circuit break- § 1917.155 Air receivers. er, to shut off the power in an emer- (a) Application. This section applies gency. to compressed air receivers and equip- (9) Liquid fuel dispensing devices, ment used for operations such as clean- such as pumps, shall be mounted either ing, drilling, hoisting and chipping. It on a concrete island or be otherwise does not apply to equipment used to protected against collision damage. convey materials or in such transpor- (b) Liquefied gas fuels—(1) Fueling lo- tation applications as railways, vehi- cations. (i) Liquefied gas powered equip- cles or cranes. ment shall be fueled only at designated (b) Gauges and valves. (1) Air receivers locations. shall be equipped with indicating pres- (ii) Equipment with permanently sure gauges and spring-loaded safety mounted fuel containers shall be valves. Safety valves shall prevent re- charged outdoors. ceiver pressure from exceeding 110 per- (iii) Equipment shall not be fueled or cent of the maximum allowable work- stored near underground entrances, eling pressure. evator shafts or other places where gas (2) No other valves shall be placed be- or fumes might accumulate. tween air receivers and their safety (2) Fuel containers. (i) When remov- valves. able fuel containers are used, the escape of fuel when containers are ex- § 1917.156 Fuel handling and storage. changed shall be minimized by: (a) Liquid fuel. (1) Only designated (A) Automatic quick-closing cou- persons shall conduct fueling oper- plings (closing in both directions when ations. uncoupled) in fuel lines; or

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(B) Closing fuel container valves and (5) Vehicle storage and servicing. (i) allowing engines to run until residual Liquefied gas fueled vehicles may be fuel is exhausted. stored or serviced inside garages or (ii) Pressure-relief valve openings shops only if there are no fuel system shall be in continuous contact with the leaks. vapor space (top) of the cylinder. (ii) Liquefied gas fueled vehicles (iii) Fuel containers shall be secured under repair shall have container shut- to prevent their being jarred loose, off valves closed unless engine oper- slipping or rotating. ation is necessary for repairs. (iv) Containers shall be located to (iii) Liquefied gas fueled vehicles prevent damage to the container. If lo- shall not be parked near open flames, cated within a compartment, that com- sources of ignition or unventilated partment shall be vented. Containers open pits. near the engine or exhaust system shall be shielded against direct heat ra- [48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997; 65 FR 40943, June 30, diation. 2000] (v) Container installation shall provide the container with at least the ve- § 1917.157 Battery charging and chang- hicle’s road clearance under maximum ing. spring deflection, which shall be to the (a) Only designated persons shall bottom of the container or to the low- change or charge batteries. est fitting on the container or housing, whichever is lower. (b) Battery charging and changing (vi) Valves and connections shall be shall be performed only in areas des- protected from contact damage. Per- ignated by the employer. manent protection shall be provided for (c) Smoking and other ignition fittings on removable containers. sources are prohibited in charging (vii) Defective containers shall be re- areas. moved from service. (d) Filler caps shall be in place when (3) Fueling operations. (i) To the ex- batteries are being moved. tent applicable, fueling operations for (e) Parking brakes shall be applied liquefied gas fuels shall also comply before batteries are charged or with paragraph (a) of this section. changed. (ii) Using matches or flames to check (f) When a jumper battery is con- for leaks is prohibited. nected to a battery in a vehicle, the (iii) Containers shall be examined be- ground lead shall connect to ground fore recharging and again before reuse away from the vehicle’s battery. Igni- for the following: tion, lights and accessories on the vehi- (A) Dents, scrapes and gouges of pres- cle shall be turned off before connec- sure vessels; tions are made. (B) Damage to valves and liquid level (g) Batteries shall be free of corro- gauges; sion buildup and cap vent holes shall be (C) Debris in relief valves; open. (D) Leakage at valves or connections; (h) Adequate ventilation shall be pro- and vided during charging. (E) Deterioration or loss of flexible (i) Facilities for flushing the eyes, seals in filling or servicing connec- body and work area with water shall be tions. provided wherever electrolyte is han- (4) Fuel storage. (i) Stored fuel con- dled, except that this requirement does tainers shall be located to minimize ex- not apply when employees are only posure to excessive temperatures and checking battery electrolyte levels or physical damage. adding water. (ii) Containers shall not be stored (j) Carboy tilters or siphons shall be near exits, stairways or areas normally used to handle electrolyte in large con- used or intended for egress. tainers. (iii) Outlet valves of containers in (k) Battery handling equipment storage or transport shall be closed. which could contact battery terminals Relief valves shall connect with vapor or cell connectors shall be insulated or spaces. otherwise protected.

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(l) Metallic objects shall not be § 1917.158 Prohibited operations. placed on uncovered batteries. (m) When batteries are being (a) Spray painting and abrasive blast- charged, the vent caps shall be in ing operations shall not be conducted place. in the vicinity of cargo handling oper- (n) Chargers shall be turned off when ations. leads are being connected or discon- (b) Welding and burning operations nected. shall not be conducted in the vicinity (o) Installed batteries shall be se- of cargo handling operations unless cured to avoid physical or electrical such hot work is part of the cargo oper- contact with compartment walls or ation. components. [48 FR 30909, July 5, 1983, as amended at 62 FR 40202, July 25, 1997]

APPENDIX I TO PART 1917—SPECIAL CARGO GEAR AND CONTAINER SPREADER TEST REQUIREMENTS (MANDATORY) [SEE § 1917.50(c)(5)]

Type gear Test requirement Tested by Proof test

A. All Special Cargo Handling Gear Purchased or Manufactured on or After January 21, 1998

1. Safe Working Prior to initial use ...... OSHA accredited agency only ..... Up to 20 short 125% SWL Load—greater tons. than 5 short tons (10,000 lbs./4.5 metric tons). Prior to reuse after structural From 20 to 50 5 short tons in damage repair short tons excess of SWL Every four years after initial proof OSHA accredited agency or des- Over 50 short 110% SWL load test ignated person (40)(1) 125% tons SWL

2. Safe Working Prior to initial use OSHA accredited agency or des- 125% SWL Load—5 short Prior to reuse after structural ignated person tons or less. damage repair

3. Intermodal Prior to initial use container spreaders not part of vessel’s cargo handling gear. Prior to reuse after structural OSHA accredited agency only damage repair Every four years after initial proof OSHA accredited agency or des- 125% SWL load test. ignated person.

B. All Special Cargo Handling Gear in Use Prior to January 21, 1998

1. Any Safe Every four years starting on Jan- OSHA accredited agency or des- Up to 20 short Working Load. uary 21, 1998. ignated person. tons. Prior to initial use or prior to OSHA accredited agency From 20 to 50 5 short tons in reuse after structural damage short tons excess of repair SWL Over 50 short 110% SWL tons

2. Intermodal Every four years starting on Jan- OSHA accredited agency or des- container uary 21, 1998 ignated person spreaders not part of ship’s gear. Prior to initial use or prior to OSHA accredited agency 125% SWL reuse after structural damage repair

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[65 FR 40943, June 30, 2000] 1918.64 Powered conveyors. 1918.65 Mechanically-powered vehicles used PART 1918—SAFETY AND HEALTH aboard vessels. 1918.66 Cranes and derricks other than ves- REGULATIONS FOR LONGSHORING sel’s gear. 1918.67 Notifying ship’s officers before using Subpart A—General Provisions certain equipment. 1918.68 Grounding. Sec. 1918.69 Tools. 1918.1 Scope and application. 1918.70–1918.80 [Reserved] 1918.2 Definitions. 1918.3 Incorporation by reference 1918.4 OMB control numbers under the Pa- Subpart H—Handling Cargo perwork Reduction Act. 1918.81 Slinging. 1918.5 Compliance duties owed to each em- 1918.82 Building drafts. ployee. 1918.83 Stowed cargo; tiering and breaking down. Subpart B—Gear Certification 1918.84 Bulling cargo. 1918.11 Gear certification (See also §§ 1918.2, 1918.85 Containerized cargo operations. definition of ‘‘Vessel’s cargo handling 1918.86 Roll-on roll-off (Ro-Ro) operations gear’’ and 1918.51). (see also § 1918.2, Ro-Ro operations, and § 1918.25). Subpart C—Gangways and Other Means 1918.87 Ship’s cargo elevators. of Access 1918.88 Log operations. 1918.89 Handling hazardous cargo (See also 1918.21 General requirements. § 1918.2 and § 1918.99). 1918.22 Gangways. 1918.23 Jacob’s ladders. Subpart I—General Working Conditions 1918.24 Fixed and portable ladders. 1918.25 Bridge plates and ramps (See also 1918.90 Hazard communication. § 1918.86). 1918.91 Housekeeping. 1918.26 Access to barges and river towboats. 1918.92 Illumination. 1918.93 Hazardous atmospheres and sub- Subpart D—Working Surfaces stances (See also § 1918.2). 1918.94 Ventilation and atmospheric condi- 1918.31 Hatch coverings. tions (See also § 1918.2, definitions of Haz- 1918.32 Stowed cargo and temporary landing ardous cargo, materials, substance or at- surfaces. mosphere and Ro-Ro operations). 1918.33 Deck loads. 1918.95 Sanitation. 1918.34 Other decks. 1918.96 Maintenance and repair work in the 1918.35 Open hatches. vicinity of longshoring operations. 1918.36 Weather deck rails. 1918.97 First aid and lifesaving facilities. 1918.37 Barges. (See appendix V of this part). 1918.98 Qualifications of machinery opera- Subpart E—Opening and Closing Hatches tors and supervisory training. 1918.99 Retention of DOT markings, plac- 1918.41 Coaming clearances. ards and labels. 1918.42 Hatch beam and pontoon bridles. 1918.100 Emergency action plans. 1918.43 Handling hatch beams and covers. Subpart J—Personal Protective Equipment Subpart F—Vessel’s Cargo Handling Gear 1918.101 Eye and face protection. 1918.51 General requirements (See also 1918.102 Respiratory protection. § 1918.11 and appendix III of this part). 1918.103 Head protection. 1918.52 Specific requirements. 1918.104 Foot protection. 1918.53 Cargo winches. 1918.54 Rigging gear. 1918.105 Other protective measures. 1918.55 Cranes (See also § 1918.11). 1918.106 Payment for protective equipment. APPENDIX I TO PART 1918—CARGO GEAR REG- Subpart G—Cargo Handling Gear and ISTER AND CERTIFICATES (NON-MANDA- Equipment Other Than Ship’s Gear TORY) APPENDIX II TO PART 1918—TABLES FOR SE- 1918.61 General (See also appendix IV of this LECTED MISCELLANEOUS AUXILIARY GEAR part). (MANDATORY) 1918.62 Miscellaneous auxiliary gear. APPENDIX III TO PART 1918—THE MECHANICS 1918.63 Chutes, gravity conveyors and roll- OF CONVENTIONAL CARGO GEAR (NON-MAN- ers. DATORY)

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APPENDIX IV TO PART 1918—SPECIAL CARGO (9) Toxic and hazardous substances. GEAR AND CONTAINER SPREADER TEST RE- Subpart Z applies to marine cargo han- QUIREMENTS (MANDATORY) [SEE § 1918.61 dling activities except for the fol- (f), (g), (h)] lowing: APPENDIX V TO PART 1918—BASIC ELEMENTS (i) When a substance or cargo is con- OF A FIRST AID TRAINING PROGRAM (NON- tained within a sealed, intact means of MANDATORY) packaging or containment complying AUTHORITY: 33 U.S.C. 941; 29 U.S.C. 653, 655, with Department of Transportation or 657; Secretary of Labor’s Order No. 12–71 (36 International Maritime Organization FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), requirements;1 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR (ii) Bloodborne pathogens, § 1910.1030; 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR (iii) Carbon monoxide, § 1910.1000 (See 3912), as applicable; and 29 CFR 1911. § 1918.94(a)); and Section 1918.90 also issued under 5 U.S.C. (iv) Hydrogen sulfide, § 1910.1000 (See 553. § 1918.94(f)); and Section 1918.100 also issued under 49 U.S.C. (v) Hexavalent chromium § 1910.1026 1801–1819 and 5 U.S.C. 553. (See § 1915.1026) SOURCE: 62 FR 40202, July 25, 1997, unless (10) Powered industrial truck oper- otherwise noted. ator training, Subpart N, § 1910.178(l). NOTE TO PARAGRAPH (b)(10): The Compli- Subpart A—General Provisions ance dates of December 1, 1999 set forth in 29 CFR 1910.178(l)(7) are stayed until March 1, § 1918.1 Scope and application. 2000 for Longshoring. (a) The regulations of this part apply (c) Section 1915.1026 applies to any to longshoring operations and related occupational exposures to hexavalent employments aboard vessels. All cargo chromium in workplaces covered by transfer accomplished with the use of this part. shore-based material handling devices [62 FR 40202, July 25, 1997, as amended at 63 is covered by part 1917 of this chapter. FR 66274, Dec. 1, 1998; 64 FR 46847, Aug. 27, (b) Part 1910 of this chapter does not 1999; 65 FR 40943, June 30, 2000; 71 FR 10381, apply to longshoring except for the fol- Feb. 28, 2006] lowing provisions: § 1918.2 Definitions. (1) Access to employee exposure and medical records. Subpart Z, § 1910.1020; Barge means an unpowered, (2) Commercial diving operations. Sub- flatbottomed, shallow draft vessel in- part T; cluding river barges, scows, carfloats, (3) Electrical. Subpart S when shore- and lighters. It does not include ship based electrical installations provide shaped or deep draft barges. power for use aboard vessels; Bulling means the horizontal drag- (4) Hazard communication. Subpart Z, ging of cargo across a surface with § 1910.1200; none of the weight of the cargo supported by the fall. (5) Ionizing radiation. Subpart Z, Danger zone means any place in or § 1910.1096; about a machine or piece of equipment (6) Noise. Subpart G, § 1910.95; where an employee may be struck by (7) Nonionizing radiation. Subpart G, or caught between moving parts, § 1910.97; caught between moving and stationary NOTE TO PARAGRAPH (b)(7): Exposures to objects or parts of the machine, caught nonionizing radiation emissions from com- between the material and a moving mercial vessel radar transmitters are consid- part of the machine, burned by hot sur- ered hazardous under the following situa- faces or exposed to electric shock. Ex- tions: (a) Where the radar is transmitting, amples of danger zones are nip and the scanner is stationary, and the exposure distance is 19 feet (5.79 m) or less; or (b) where the radar is transmitting, the scanner 1 The International Maritime Organization is rotating, and the exposure distance is 5 publishes the International Maritime Dan- feet (1.52 m.) or less. gerous Goods Code to aid compliance with the international legal requirements of the (8) Respiratory protection. Subpart I, International Convention for the Safety of § 1910.134; Life at Sea, 1960.

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shear points, shear lines, drive mecha- Hatch beam or strongback mean a nisms, and areas underneath counter- portable transverse or longitudinal weights. beam placed across a hatchway that Designated person means a person who acts as a bearer to support the hatch possesses specialized abilities in a spe- covers. cific area and is assigned by the em- Hazardous cargo, materials, substance ployer to do a specific task in that or atmosphere means: area. (1) Any substance listed in 29 CFR Dockboards (car and bridge plates) part 1910, subpart Z; mean devices for spanning short dis- (2) Any material in the Hazardous tances between, for example, two Materials Table and Hazardous Mate- barges, that is not higher than four rials Communications Regulations of feet (1.22m) above the water or next the Department of Transportation, 49 lower level. CFR part 172; Employee means any longshore work- (3) Any article not properly described er or other person engaged in by a name in the Hazardous Materials longshoring operations or related em- Table and Hazardous Materials Com- ployments other than the master, munication Regulations of the Depart- ship’s officers, crew of the vessel, or ment of Transportation, 49 CFR part any person engaged by the master to 172, but which is properly classified load or unload any vessel of less than under the definitions of those cat- 18 net tons. egories of dangerous articles given in Employer means a person that employs employees in longshoring oper- 49 CFR part 173; or ations or related employments, as de- (4) Any atmosphere with an oxygen fined in this section. content of less than 19.5 percent or Enclosed space means an interior greater than 23 percent. space in or on a vessel that may con- Intermodal container means a reusable tain or accumulate a hazardous atmos- cargo container of a rigid construction phere due to inadequate natural ven- and rectangular configuration; fitted tilation. Examples of enclosed spaces with devices permitting its ready han- are holds, deep tanks and refrigerated dling, particularly its transfer from compartments. one mode of transport to another; so Fall hazard means the following situ- designed to be readily filled and ations: emptied; intended to contain one or (1) Whenever employees are working more articles of cargo or bulk commod- within three feet (.91 m) of the unpro- ities for transportation by water and tected edge of a work surface that is 8 one or more other transport modes. feet or more (2.44 m) above the adjoin- The term includes completely enclosed ing surface and twelve inches (.3 m) or units, open top units, fractional height more, horizontally, from the adjacent units, units incorporating liquid or gas surface; or tanks and other variations fitting into (2) Whenever weather conditions may the container system. It does not in- impair the vision or sound footing of clude cylinders, drums, crates, cases, employees working on top of con- cartons, packages, sacks, unitized tainers. loads or any other form of packaging. Fumigant is a substance or mixture of Longshoring operations means the substances, used to kill pests or pre- loading, unloading, moving or handling vent infestation, that is a gas or is rap- of cargo, ship’s stores, gear, or any idly or progressively transformed to other materials, into, in, on, or out of the gaseous state, although some non- any vessel. gaseous or particulate matter may re- Mississippi River System includes the main and be dispersed in the treatment Mississippi River from the head of space. navigation to its mouth, and navigable Gangway means any ramp-like or tributaries including the Illinois Wa- stair-like means of access provided to terway, Missouri River, Ohio River, enable personnel to board or leave a Tennessee River, Allegheny River, vessel, including accommodation lad- Cumberland River, Green River, ders, gangplanks and brows. Kanawha River, Monongahela River,

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and such others to which barge oper- lifts, and other powered industrial ations extend. equipment. It does not include gear Public vessel means a vessel owned used only for handling or holding and operated by a government and not hoses, handling ship’s stores or han- regularly employed in merchant serv- dling the gangway, or boom conveyor ice. belt systems for the self-unloading of Ramp means other flat surface de- bulk cargo vessels. vices for passage between levels and [62 FR 40202, July 25, 1997, as amended at 65 across openings not covered under the FR 40944, June 30, 2000; 76 FR 33610, June 8, term dockboards. 2011] Related employments means any employments performed incidental to or § 1918.3 Incorporation by reference. in conjunction with longshoring oper- (a) (1) The standards of agencies of ations, including, but not restricted to, the U.S. Government, and organiza- securing cargo, rigging, and employ- tions which are not agencies of the ment as a porter, clerk, checker, or se- U.S. Government which are incor- curity officer. porated by reference in this part, have River towboat means a shallow draft, the same force and effect as other low freeboard, self-propelled vessel de- standards in this part. Only the manda- signed to tow river barges by pushing tory provisions (i.e. provisions con- ahead. It does not include other towing taining the word ‘‘shall’’ or other man- vessels. datory language) of standards incor- Ro-Ro operations are those cargo han- porated by reference are adopted as dling and related operations, such as standards under the Occupational Safe- lashing, that occur on Ro-Ro vessels, ty and Health Act. which are vessels whose cargo is driven (2) The standards listed in paragraph on or off the vessel by way of ramps (b) of this section are incorporated by and moved within the vessel by way of reference in the corresponding sections ramps and/or elevators. noted as the sections exist on the date Ship’s stores means materials that are of the approval, and a notice of any aboard a vessel for the upkeep, mainte- change in these standards will be pub- nance, safety, operation, or navigation lished in the FEDERAL REGISTER. The of the vessel, or for the safety or com- Director of the Federal Register ap- fort of the vessel’s passengers or crew. proved these incorporations by ref- Small trimming hatch means a small erence in accordance with 5 U.S.C. hatch or opening, pierced in the be- 552(a) and 1 CFR part 51. tween deck or other intermediate deck (3) Any changes in the standards in- of a vessel, and intended for the trim- corporated by reference in this part ming of dry bulk cargoes. It does not and an official historic file of such refer to the large hatchways through changes are available for inspection in which cargo is normally handled. the Docket Office at the national office Vessel includes every description of of the Occupational Safety and Health watercraft or other artificial contriv- Administration, U.S. Department of ance used or capable of being used for Labor, Washington, DC 20910; tele- transportation on water, including spe- phone: 202–693–2350 (TTY number: 877– cial purpose floating structures not 889–5627). primarily designed for or used for (4) Copies of standards listed in this transportation on water. section and issued by private standards Vessel’s cargo handling gear includes organizations are available for pur- that gear that is a permanent part of chase from the issuing organizations at the vessel’s equipment and used for the the addresses or through the other con- handling of cargo other than bulk liq- tact information listed below for these uids. The term covers all stationary or private standards organizations. In ad- mobile cargo handling appliances used dition, these standards are available on board ship for suspending, raising or for inspection at the National Archives lowering loads or moving them from and Records Administration (NARA). one position to another while sus- For information on the availability of pended or supported. This includes, but this material at NARA, telephone: 202– is not limited to, cargo elevators, fork- 741–6030, or go to http://

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www.archives.gov/federallregister/ phone: (877) 413–5184; Web site: http:// codeloflfederallregulations/ global.ihs.com; or ibrllocations.html. Also, the standards (iii) TechStreet Store, 3916 Ranchero are available for inspection at any Re- Dr., Ann Arbor, MI 48108; telephone: gional Office of the Occupational Safe- (877) 699–9277; Web site: http:// ty and Health Administration (OSHA), techstreet.com. or at the OSHA Docket Office, U.S. De- (7) ANSI Z87.1–2003, Occupational and partment of Labor, 200 Constitution Educational Personal Eye and Face Avenue, NW., Room N–2625, Wash- Protection Devices, Approved June 19, ington, DC 20210; telephone: 202–693–2350 2003; IBR approved for § 1918.101(a). Cop- (TTY number: 877–889–5627). ies available for purchase from the: (b) Except as noted, copies of the (i) American National Standards In- standards listed below in this para- stitute’s e-Standards Store, 25 W 43rd graph are available for purchase from Street, 4th Floor, New York, NY 10036; the American National Standards In- telephone: (212) 642–4980; Web site: stitute (ANSI), 25 West 43rd Street, 4th http://webstore.ansi.org/; Floor, New York, NY 10036; telephone: (ii) IHS Standards Store, 15 Inverness 212–642–4900; fax: 212–398–0023; Web site: Way East, Englewood, CO 80112; tele- (1) ANSI A14.1–1990, Safety Require- phone: (877) 413–5184; Web site: http:// ments for Portable Wood Ladders; IBR global.ihs.com; or approved for § 1918.24(g)(1). (iii) TechStreet Store, 3916 Ranchero (2) ANSI A14.2–1990, Safety Require- Dr., Ann Arbor, MI 48108; telephone: ments for Portable Metal Ladders; IBR (877) 699–9277; Web site: http:// approved for § 1918.24(g)(2). techstreet.com. (3) ANSI A14.5–1992, Safety Require- (8) ANSI Z87.1–1989 (R–1998), Practice ments for Portable Reinforced Plastic for Occupational and Educational Eye Ladders; IBR approved for and Face Protection, Reaffirmation ap- § 1918.24(g)(3). proved January 4, 1999; IBR approved (4) ANSI Z41–1999, American National for § 1918.101(a). Copies are available for Standard for Personal Protection—Pro- purchase from: tective Footwear; IBR approved for (i) American National Standards In- § 1918.104(b)(1)(ii). Copies of ANSI Z41– stitute’s e-Standards Store, 25 W 43rd 1999 are available for purchase only Street, 4th Floor, New York, NY 10036; from the National Safety Council, P.O. telephone: (212) 642–4980; Web site: Box 558, Itasca, IL 60143–0558; tele- http://webstore.ansi.org/; phone: 1–800–621–7619; fax: 708–285–0797; (ii) IHS Standards Store, 15 Inverness Web site: http://www.nsc.org. Way East, Englewood, CO 80112; tele- (5) ANSI Z41–1991, American National phone: (877) 413–5184; Web site: http:// Standard for Personal Protection—Pro- global.ihs.com; or tective Footwear; IBR approved for (iii) TechStreet Store, 3916 Ranchero § 1918.104(b)(1)(iii). Copies of ANSI Z41– Dr., Ann Arbor, MI 48108; telephone: 1991 are available for purchase only (877) 699–9277; Web site: http:// from the National Safety Council, P.O. techstreet.com. Box 558, Itasca, IL 60143–0558; tele- (9) American National Standards In- phone: 1–800–621–7619; fax: 708–285–0797; stitute (ANSI) Z89.1–2009, American Na- Web site: http://www.nsc.org. tional Standard for Industrial Head (6) ANSI/ISEA Z87.1–2010, Occupa- Protection, approved January 26, 2009; tional and Educational Personal Eye IBR approved for § 1918.103(b)(1)(i). Cop- and Face Protection Devices, Approved ies of ANSI Z89.1–2009 are available for April 13, 2010; IBR approved for purchase only from the International § 1918.101(a). Copies are available for Safety Equipment Association, 1901 purchase from: North Moore Street, Arlington, VA (i) American National Standards In- 22209–1762; telephone: 703–525–1695; fax: stitute’s e-Standards Store, 25 W 43rd 703–528–2148; Web site: Street, 4th Floor, New York, NY 10036; www.safetyequipment.org. telephone: (212) 642–4980; Web site: (10) American National Standards In- http://webstore.ansi.org/; stitute (ANSI) Z89.1–2003, American Na- (ii) IHS Standards Store, 15 Inverness tional Standard for Industrial Head Way East, Englewood, CO 80112; tele- Protection; IBR approved for

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§ 1918.103(b)(1)(ii). Copies of ANSI Z89.1– 29 CFR citation OMB control 2003 are available for purchase only No. from the International Safety Equip- 1918.61(g) ...... 1218–0003 ment Association, 1901 North Moore 1918.61(h) ...... 1218–0003 Street, Arlington, VA 22209–1762; tele- 1918.61(i) ...... 1218–0003 phone: 703–525–1695; fax: 703–528–2148; 1918.62(b)(1) ...... 1218–0196 1918.62(b)(5) ...... 1218–0196 Web site: www.safetyequipment.org. 1918.62(c)(1) ...... 1218–0196 (11) American National Standards In- 1918.62(d)(1) ...... 1218–0196 stitute (ANSI) Z89.1–1997, American Na- 1918.62(g)(3) ...... 1218–0196 tional Standard for Personnel Protec- 1918.62(g)(4) ...... 1218–0196 1918.62(h)(1) ...... 1218–0196 tion—Protective Headwear for Indus- 1918.62(h)(3)(ii) ...... 1218–0196 trial Workers—Requirements; IBR ap- 1918.62(h)(4) ...... 1218–0196 proved for § 1918.103(b)(1)(iii). Copies of 1918.64(k)(1) ...... 1218–0196 ANSI Z89.1–1997 are available for pur- 1918.64(k)(2) ...... 1218–0196 1918.65(b)(1) ...... 1218–0196 chase only from the International Safe- 1918.66(a)(2) ...... 1218–0196 ty Equipment Association, 1901 North 1918.66(a)(8) ...... 1218–0196 Moore Street, Arlington, VA 22209–1762; 1918.66(a)(9) ...... 1218–0196 telephone: 703–525–1695; fax: 703–528– 1918.66(a)(11) ...... 1218–0196 1918.66(a)(15) ...... 1218–0196 2148; Web site: www.safetyequipment.org. 1918.66(d)(2) ...... 1218–0196 (c) Copies of the following standards 1918.66(d)(4) ...... 1218–0196 are available for purchase from ASTM 1918.66(f)(1)(v) ...... 1218–0196 International, 100 Barr Harbor Drive, 1918.85(a) ...... 1218–0196 1918.85(b)(4)(ii) ...... 1218–0196 P.O. Box C700, West Conshohocken, PA 1918.85(k)(13) ...... 1218–0196 19428–2959; telephone: 610–832–9585; fax: 1918.86(b) ...... 1218–0196 610–832–9555; e-mail: seviceastm.org; Web 1918.86(e) ...... 1218–0196 site: http://www.astm.org. 1918.86(g) ...... 1218–0196 1918.86(h) ...... 1218–0196 (1) ASTM F–2412–2005, Standard Test 1918.93(b) ...... 1218–0196 Methods for Foot Protection; IBR ap- 1918.93(d)(4) ...... 1218–0196 proved for § 1917.94(b)(1)(i). 1918.94(c) ...... 1218–0196 (2) ASTM F–2413–2005, Standard Spec- 1918.96(e)(2) ...... 1218–0196 1918.97(d)(7) ...... 1218–0196 ification for Performance Require- 1918.100(a) ...... 1218–0196 ments for Protective Footwear; IBR 1918.100(e)(3) ...... 1218–0196 approved for § 1917.94(b)(1)(i). [62 FR 40202, July 25, 1997, as amended at 69 [64 FR 61506, Nov. 12, 1999] FR 18803, Apr. 9, 2004; 74 FR 46360, Sept. 9, 2009; 77 FR 37599, June 22, 2012; 81 FR 16091, § 1918.5 Compliance duties owed to Mar. 25, 2016] each employee. (a) Personal protective equipment. § 1918.4 OMB control numbers under the Paperwork Reduction Act. Standards in this part requiring the employer to provide personal protec- The following list identifies the 29 tive equipment (PPE), including res- CFR citations for sections or para- pirators and other types of PPE, be- graphs in this part that contain a col- cause of hazards to employees impose a lection of information requirement ap- separate compliance duty with respect proved by the Office of Management to each employee covered by the re- and Budget (OMB). The list also pro- quirement. The employer must provide vides the control number assigned by PPE to each employee required to use OMB to each approved requirement; the PPE, and each failure to provide control number 1218–0196 expires on PPE to an employee may be considered May 31, 2002 and control number 1218– a separate violation. 0003 expires on July 31, 2001. The list (b) Training. Standards in this part follows: requiring training on hazards and related matters, such as standards re- 29 CFR citation OMB control No. quiring that employees receive train- 1918.22(g) ...... 1218–0196 ing or that the employer train employ- 1918.24(i)(1) ...... 1218–0196 ees, provide training to employees, or 1918.61(b)(2) ...... 1218–0196 institute or implement a training pro- 1918.61(c) ...... 1218–0196 1918.61(f)(1) ...... 1218–0003 gram, impose a separate compliance 1918.61(f)(2) ...... 1218–0003 duty with respect to each employee

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covered by the requirement. The em- ing, as appropriate, as provided in part ployer must train each affected em- 1919 of this chapter. ployee in the manner required by the (d) With respect to vessels under for- standard, and each failure to train an eign registries, persons or organiza- employee may be considered a separate tions competent to make entries in the violation. registers and issue the certificates required by paragraph (a) of this section [73 FR 75588, Dec. 12, 2008] shall be: (1) Those acceptable as such to any Subpart B—Gear Certification foreign nation; (2) Those acceptable to the Com- § 1918.11 Gear certification (See also mandant of the U.S. Coast Guard; or §§ 1918.2, definition of ‘‘Vessel’s (3) Those currently accredited by the cargo handling gear’’ and 1918.51). U.S. Department of Labor (OSHA), for (a) The employer shall not use the full function vessels or loose gear and vessel’s cargo handling gear until it wire rope testing, as appropriate and as has been ascertained that the vessel provided in part 1919 of this chapter. has a current and valid cargo gear register and certificates that in form and Subpart C—Gangways and Other content are in accordance with the rec- Means of Access ommendations of the International Labor Office, as set forth in appendix I § 1918.21 General requirements. of this part, and as provided by Inter- The employer shall not permit em- national Labor Organization Conven- ployees to board or leave any vessel, tion No. 152, and that shows that the except a barge or river towboat, until cargo gear has been tested, examined all of the applicable requirements of and heat treated by or under the super- this subpart have been met. vision of persons or organizations de- (a) If possible, the vessel’s means of fined as competent to make register access shall be located so that sus- entries and issue certificates pursuant pended loads do not pass over it. In any to paragraphs (b) and (c) of this sec- event, suspended loads shall not be tion. passed over the means of access while (1) Annual thorough examinations employees or others are on it. under ILO 152 are required after July (b) When the upper end of the means 27, 1998. of access rests on or is flush with the (2) Testing under ILO 152 is required top of the bulwark, substantial steps, after July 16, 2001. properly secured, trimmed and (3) In the interim period(s), prior to equipped with at least one substantial the effective dates noted in paragraph handrail, 33 inches (.84 m) in height, (a) (1) and (2), vessels with cargo gear shall be provided between the top of and a cargo gear register according to the bulwark and the deck. ILO 32 are deemed to meet the require- (c) The means of access shall be illu- ments of this paragraph (a). minated for its full length in accord- (b) Public vessels and vessels holding ance with § 1918.92. 2 a valid Certificate of Inspection issued by the U.S. Coast Guard pursuant to 46 § 1918.22 Gangways. CFR part 91 are deemed to meet the re- (a) Whenever practicable, a gangway quirements of paragraph (a) of this sec- of not less than 20 inches (.51 m) in tion. width, of adequate strength, main- (c) With respect to U.S. vessels not tained in safe repair and safely secured holding a valid Certificate of Inspec- shall be used. If a gangway is not prac- tion issued by the U.S. Coast Guard, ticable, a straight ladder meeting the entries in the registers and the requirements of § 1918.24 that extends issuance of certificates required by at least 36 inches (.91 m) above the paragraph (a) of this section shall be upper landing surface and is secured made only by competent persons currently accredited by the U.S. Depart- 2 § 1918.92 requires, along with other re- ment of Labor (OSHA) for full function quirements, an average light intensity of vessels or loose gear and wire rope test- five foot-candles (54 lux).

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against shifting or slipping shall be § 1918.23 Jacob’s ladders. provided. When conditions are such (a) Jacob’s ladders shall be of the that neither a gangway nor straight double rung or flat tread type. They ladder can be used, a Jacob’s ladder shall be well maintained and properly meeting the requirements of § 1918.23 secured. may be used. (b) A Jacob’s ladder shall either hang (b) Each side of the gangway, and the without slack from its lashings or be turntable, if used, shall have a hand pulled up entirely. rail with a minimum height of 33 (c) When a Jacob’s ladder is used as inches (.84 m) measured perpendicu- the means of access to a barge being larly from rail to walking surfaces at worked, spacers (bumpers) shall be the stanchion, with a midrail. Rails hung between the vessel, barge, or shall be of wood, pipe, chain, wire, rope other structure to which the barge is or materials of equivalent strength and tied alongside, or other equally effec- shall be kept taut always. Portable tive means shall be provided to prevent stanchions supporting railings shall be damage to the bottom rungs of the lad- supported or secured to prevent acci- der. dental dislodgement. (d) When a Jacob’s ladder is being (c) The gangway shall be kept prop- used so that there is a danger of an em- erly trimmed. ployee falling or being crushed between (d) When a fixed flat tread accommo- the vessel, barge, or other structure dation ladder is used, and the angle is (pier), suitable protection shall be pro- low enough to require employees to vided. walk on the edge of the treads, cleated duckboards shall be laid over and se- § 1918.24 Fixed and portable ladders. cured to the ladder. (a) There shall be at least one safe (e) When the gangway overhangs the and accessible ladder for each gang water so that there is danger of em- working in a single hatch. An effective ployees falling between the ship and means of gaining a handhold shall be the dock, a net or suitable protection provided at or near the head of each shall be provided to prevent employees vertical fixed ladder. No more than two from receiving serious injury from falls ladders are required in any hatch re- to a lower level. gardless of the number of gangs (f) If the foot of a gangway is more present. than one foot (.30 m) away from the (b) When any fixed ladder is visibly edge of the apron, the space between unsafe (or known to be unsafe), the em- them shall be bridged by a firm walk- ployer shall identify such ladder and way equipped with a hand rail with a prohibit its use by employees. minimum height of approximately 33 (c) Where portable straight ladders inches (.84 m) with midrails on both are used, they shall be of sufficient sides. length to extend three feet (.91 m) (g) Gangways shall be kept clear of above the upper landing surface, and be supporting bridles and other obstruc- positively secured or held against shift- tions, to provide unobstructed passage. ing or slipping. When conditions are If, because of design, the gangway bri- such that a straight ladder cannot be dle cannot be moved to provide unob- used, Jacob’s ladders meeting the re- structed passage, then the hazard shall quirements of § 1918.23 may be used. be properly marked to alert employees (d) For vessels built after July 16, of the danger. 2001, when six inches (15.24 cm) or more (h) Obstructions shall not be laid on clearance does not exist behind the or across the gangway. rungs of a fixed ladder, the ladder shall (i) Handrails and walking surfaces of be deemed ‘‘unsafe’’ for the purposes of gangways shall be maintained in a safe this section. Alternate means of access condition to prevent employees from (for example, a portable ladder) must slipping or falling. be used. (j) Gangways on vessels inspected and (e)(1) Where access to or from a certificated by the U.S. Coast Guard stowed deckload or other cargo is need- are deemed to meet the requirements ed and no other safe means is available, of this section. ladders or steps of adequate strength

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shall be furnished and positively se- additional two feet (0.61 m) of ladder cured or held against shifting or slip- length. ping while in use. Steps formed by the (i) The employer shall: cargo itself are acceptable when the (1) Maintain portable ladders in safe employer demonstrates that the nature condition. Ladders with the following of the cargo and the type of stowage defects shall not be used, and shall ei- provides equivalent safe access. ther be tagged as unusable if kept on (2) Where portable straight ladders board, or shall be removed from the are used they shall be of sufficient vessel: length to extend at least three feet (.91 (i) Broken, split or missing rungs, m) above the upper landing surface. (f) The following standards for exist- cleats or steps; ing manufactured portable ladders (ii) Broken or split side rails; must be met: (iii) Missing or loose bolts, rivets or (1) Rungs of manufactured portable fastenings; ladders obtained before January 21, (iv) Defective ropes; or 1998 shall be capable of supporting a (v) Any other structural defect. 200-pound (890 N) load without deforma- (2) Ladders shall be inspected for de- tion. fects before each day’s use, and after (2) Rungs shall be evenly spaced from any occurrence, such as a fall, which nine to sixteen and one-half inches (22.9 could damage the ladder. to 41.9 cm), center to center. (j) Ladders shall be used in the fol- (3) Rungs shall be continuous mem- lowing manner: bers between rails. Each rung of a dou- (1) Ladders shall be securely posi- ble-rung ladder (two side rails and a tioned on a level and firm base. center rail) shall extend the full width (2) Ladders shall be fitted with slip- of the ladder. (4) Width between side rails at the resistant bases and/or be positively se- base of the ladder shall be at least 12 cured or held in place to prevent slip- inches (30.48 cm) for ladders 10 feet (3.05 ping or shifting while in use. m) or less in overall length, and shall (3) Except for combination ladders, increase at least one-fourth inch (0.64 self-supporting ladders shall not be cm) for each additional two feet (0.61 used as single straight ladders. m) of ladder length. (4) Unless intended for cantilever op- (g) Portable manufactured ladders eration, non-self-supporting ladders obtained after January 21, 1998 shall shall not be used to climb above the bear identification showing that they top support point. meet the appropriate ladder construc- (5) Ladders shall not be used: tion requirements of the following (i) As guys, braces or skids; or standards: (ii) As platforms, runways or scaf- (1) ANSI A14.1–1990, Safety Require- folds. ments for Portable Wood Ladders; (6) Metal and wire-reinforced ladders (2) ANSI A14.2–1990, Safety Require- (even with wooden side rails) shall not ments for Portable Metal Ladders; (3) ANSI A14.5–1992, Safety Require- be used when employees on the ladder ments for Portable Reinforced Plastic might contact energized electrical con- Ladders. ductors. (h) Job-made ladders shall: (7) Individual sections from different (1) Have a uniform distance between multi-sectional ladders or two or more rungs of at least 12 inches (30.48cm) single straight ladders shall not be tied center to center; or fastened together to achieve addi- (2) Be capable of supporting a 250- tional length. pound (1,112 N) load without deforma- (8) Single rail ladders (i.e. made by tion; and fastening rungs or devices across a sin- (3) Have a minimum width between gle rail) shall not be used. side rails of 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in height. [62 FR 40202, July 25, 1997, as amended at 65 Width between rails shall increase at FR 40944, June 30, 2000] least one-fourth inch (0.64 cm) for each

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§ 1918.25 Bridge plates and ramps (See § 1918.24 and extending at least three also § 1918.86). feet (.91 m) above the upper landing (a) Bridge and car plates (dockboards). surface and adequately secured or held Bridge and car plates used afloat shall against shifting or slipping shall be be well maintained and shall: provided. When neither a walkway nor (1) Be strong enough to support the a straight ladder can be used, a Jacob’s loads imposed on them; ladder meeting the requirements of (2) Be secured or equipped with de- § 1918.23 shall be provided. Exception: vices to prevent their dislodgement; For barges operating on the Mississippi (3) Be equipped with hand holds or River System, where the employer other effective means to permit safe shows that these requirements cannot handling; and reasonably be met due to local condi- (4) Be designed, constructed, and tions, other safe means of access shall maintained to prevent vehicles from be provided. running off the edge. 3 (c) When a barge or raft is being (b) Portable ramps. Portable ramps worked alongside a larger vessel, a Ja- used afloat shall be well maintained cob’s ladder meeting the requirements and shall: of § 1918.23 shall be provided for each (1) Be strong enough to support the gang working alongside unless other loads imposed on them; safe means of access is provided. How- (2) Be equipped with a railing meet- ever, no more than two Jacob’s ladders ing the requirements of § 1918.21(b), if are required for any single barge or the slope is more than 20 degrees to the raft being worked. horizontal or if employees could fall (d) When longshoring operations are more than four feet (1.22 m); in progress on barges, the barges shall (3) Be equipped with a slip resistant be securely made fast to the vessel, surface; wharf, or dolphins. (4) Be properly secured; and (5) Be designed, constructed, and Subpart D—Working Surfaces maintained to prevent vehicles from running off the edge. 4 § 1918.31 Hatch coverings. [62 FR 40202, July 25, 1997, as amended at 65 (a) No cargo, dunnage, or other mate- FR 40944, June 30, 2000] rial shall be loaded or unloaded by means requiring the services of em- § 1918.26 Access to barges and river ployees at any partially opened inter- towboats. mediate deck unless either the hatch (a) With the exception of at that deck is sufficiently covered or § 1918.25(b)(2), ramps used solely for ve- an adequate landing area suitable for hicle access to or between barges shall the prevailing conditions exists. In no meet the requirements of § 1918.25. event shall such work be done unless (b) When employees cannot step safe- the working area available for such ly to or from the wharf and a float, employees extends for a distance of 10 barge, or river towboat, either a ramp feet (3.05 m) or more fore and aft and meeting the requirements of paragraph athwartships. (a) of this section or a safe walkway (b) Cargo shall not be landed on or meeting the requirements of § 1918.22(f) handled over a covered hatch or shall be provided. When a ramp or ’tween-decks unless all hatch beams walkway cannot be used, a straight are in place under the hatch covers. ladder meeting the requirements of (c) Missing, broken, or poorly fitting hatch covers that would not protect 3 When the gap to be bridged is greater employees shall be reported at once to than 36 inches (.91m), an acceptalbe means of the officer in charge of the vessel. preventing vehicles from running off the Pending replacement or repairs by the edge is a minimum side board height of two vessel, work shall not be performed in and three-quarter inches. the section containing the unsafe cov- 4 When the gap to be bridged is greater than 36 inches (.91m), an acceptable means of ers or in adjacent sections unless the preventing vehicles from running off the flooring is made safe. edge is a minimum side board height of two (d) Hatch covers and hatch beams not and three-quarter inches. of uniform size shall be placed only in

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the hatch, deck, and section in which § 1918.34 Other decks. they fit properly. (a) Cargo shall not be worked on (e) Small trimming hatches in inter- decks that were not designed to sup- mediate decks shall be securely cov- port the load being worked. ered or guarded while work is going on (b) Grated decks shall be properly in the hatch in which they are found, placed, supported, maintained and de- unless they are actually in use. signed to support employees.

§ 1918.32 Stowed cargo and temporary § 1918.35 Open hatches. landing surfaces. Open weather deck hatches around (a) Temporary surfaces on which which employees must work that are loads are to be landed shall be of suffi- not protected to a height of 24 inches cient size and strength to permit em- (.61 m) by coamings shall be guarded by ployees to work safely. taut lines or barricades at a height of (b) When the edge of a hatch section 36 to 42 inches (.91 to 1.07 m) above the deck, except on the side on which cargo or of stowed cargo may constitute a is being worked. Any portable stan- fall hazard to an employee, the edge chions or uprights used shall be sup- shall be guarded by a vertical safety ported or secured to prevent accidental net, or other means providing equal dislodgement. protection, to prevent an employee from falling. When the employer can § 1918.36 Weather deck rails. demonstrate that vertical nets or other Removable weather deck rails shall equally effective means of guarding be kept in place except when cargo op- cannot be used due to the type of erations require them to be removed, cargo, cargo stowage, or other cir- in which case they shall be replaced as cumstances, a trapeze net shall be soon as such cargo operations are com- rigged at the top edge of the elevation pleted. or other means shall be taken to prevent injury if an employee falls. Safety § 1918.37 Barges. nets shall be maintained in good condi- (a) Walking shall be prohibited along tion and be of adequate strength for the sides of covered lighters or barges the purpose intended. with coamings or cargo more than five (c) When two gangs are working in feet (1.52 m) high unless a three-foot the same hatch on different levels, a (.91 m) clear walkway or a grab rail or vertical safety net shall be rigged and taut handline is provided. securely fastened to prevent employees (b) Walking or working shall be prohibited on the decks of barges to be or cargo from falling. Safety nets shall loaded unless the walking or working be maintained in good condition and be surfaces have been determined by vis- of adequate strength for the purpose ual inspection to be structurally sound intended. and maintained properly. If, while discharging a barge, an unsound deck sur- § 1918.33 Deck loads. face is discovered, work shall be dis- (a) Employees shall not be permitted continued and shall not be resumed to pass over or around deck loads un- until means have been taken to ensure less there is a safe route of passage. a safe work surface. (b) Employees giving signals to crane [62 FR 40202, July 25, 1997, as amended at 65 operators shall not be permitted to FR 40944, June 30, 2000] walk over deck loads from rail to coaming unless there is a safe route of pas- Subpart E—Opening and Closing sage. If it is necessary to stand or walk Hatches at the outboard or inboard edge of the deck load having less than 24 inches § 1918.41 Coaming clearances. (.61 m) of bulwark, rail, coaming, or (a) Weather decks. If a deck load (such other protection, those employees shall as lumber or other smooth sided deck be provided with protection against cargo) more than five feet (1.52 m) high falling from the deck load. is stowed within three feet (.91 m) of

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the hatch coaming and employees han- (2) Of adequate strength to lift the dling hatch beams and hatch covers are load safely; and not protected by a coaming at least 24- (3) Properly maintained, including inch (.61 m) high, a taut handline shall covering or blunting of protruding ends be provided along the side of the in wire rope splices. deckload. The requirements of § 1918.35 (b) Bridles for lifting hatch beams are not intended to apply in this situa- shall be equipped with toggles, shack- tion. les, or hooks, or other devices of such (b) Intermediate decks. (1) There shall design that they cannot become acci- be a three-foot (.91 m) working space dentally dislodged from the hatch between the stowed cargo and the coa- beams with which they are used. Hooks ming at both sides and at one end of other than those described in this sec- the hatches with athwartship hatch tion may be used only when they are beams, and at both ends of those hatch- hooked into the standing part of the es with fore and aft hatch beams, be- bridle. Toggles, when used, shall be at fore intermediate deck hatch covers least one inch (2.54 cm) longer than and hatch beams are removed or re- twice the largest diameter of the holes placed. Exception: The three-foot (.91 into which they are placed. m) clearance is not required on the (c) Bridles used for lifting pontoons covered portion of a partially open and plugs shall have the number of legs hatch, nor is it required when lower required by the design of the pontoon decks have been filled to hatch beam or plug, and all of which shall be used. height with cargo of such a nature as Where any use of a bridle requires to provide a safe surface upon which fewer than the number of legs provided, employees may work. idle legs shall be hung on the hook or (2) For purposes of paragraph (b)(1) of ring, or otherwise prevented from this section, fitted gratings that are in swinging free. good condition shall be considered a (d) At least two legs of all strongback part of the decking when properly and pontoon bridles shall be equipped placed within the three-foot (.91 m) with a lanyard at least eight feet (2.44 area. m) long and in good condition. The bridle end of the lanyard shall be of chain (c) Grab rails or taut handlines shall or wire. be provided for the protection of employees handling hatch beams and [62 FR 40202, July 25, 1997, as amended at 65 hatch covers, when bulkheads, lockers, FR 40944, June 30, 2000] reefer compartments or large spare parts are within three feet (.91 m) of § 1918.43 Handling hatch beams and covers. the coaming. (d) The clearances in this section do Paragraphs (f)(2), (g), and (h) of this not apply to hatches opened or closed section apply only to folding, sliding, solely by hydraulic or other mechan- or hinged metal hatch covers or to ical means; except that, in all cases in those hatch covers handled by cranes. which the three-foot (.91 m) clearance (a) (1) When hatch covers or pontoons does not exist, cargo that is stowed are stowed on the weather deck abreast within three feet (.91 m) of the edge of of hatches, they shall be arranged in the hatch shall be adequately secured stable piles not closer to the hatch coa- to prevent cargo from falling into the ming than three feet (.91 m). Excep- hold. tion: On the working side of the hatch, hatch covers or pontoons may be [62 FR 40202, July 25, 1997, as amended at 65 spread one high between the coaming FR 40944, June 30, 2000] and bulwark with no space between them, provided the height of the hatch § 1918.42 Hatch beam and pontoon bri- coaming is no less than 24 inches (.61 dles. m). Under no circumstances shall (a) Hatch beam and pontoon bridles hatch covers or pontoons be stacked shall be: higher than the hatch coaming or bul- (1) Long enough to reach the holes, wark on the working side of the hatch. rings, or other lifting attachments on (2) On seagoing vessels, hatch boards the hatch beams and pontoons easily; or similar covers removed from the

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hatch beams in a section of partially fore and aft direction shall be secured opened hatch during cargo handling, against unintentional movement while cleaning or other operations shall not in the open position. be stowed on the boards or covers left (g) Hinged or folding hatch covers in place within that section. normally stowed in an approximately (b) Hatch beams shall be laid on their vertical position shall be positively se- sides, or stood on an edge close to- cured when in the upright position, un- gether and lashed. Exception: This less the design of the system otherwise paragraph (b) shall not apply in cases prevents unintentional movement. where hatch beams are of such design (h) Hatches shall not be opened or that: closed while employees are in the (1) The width of the flange is 50 per- square of the hatch below. cent or more of the height of the web; (i) All materials such as dunnage, and lashings, twist locks, or stacking cones (2) The flange rests flat on the deck shall be removed from the hatch cover when the hatch beam is stood upright. or be secured to prevent them from (c) Strongbacks, hatch covers, and falling off the cover before the hatch pontoons removed from hatch openings cover is moved. and placed on the weather deck shall (j) When a hatch is to be covered, not obstruct clear fore-and-aft or coa- hatch covers or night tents shall be ming-to-bulwark passageways and used. Any covering that only partially shall be lashed or otherwise secured to covers the hatch, such as alternate prevent accidental dislodgement. hatch covers or strips of dunnage, shall Dunnage or other suitable material not be covered by a tarpaulin. Excep- shall be used under and between tiers tion: A tarpaulin may be used to cover of strongbacks and pontoons to prevent an open or partially open hatch to re- them from sliding when stowed on steel duce dust emissions during bulk cargo decks. loading operations, if positive means (d) Hatch covers unshipped in an in- are taken to prevent employees from termediate deck shall be placed at walking on the tarpaulin. least three feet (.91 m) from the coa- [62 FR 40202, July 25, 1997, as amended at 65 ming or they shall be removed to an- FR 40944, June 30, 2000] other deck. Strongbacks unshipped in an intermediate deck shall not be Subpart F—Vessel’s Cargo placed closer than six inches (15.24 cm) Handling Gear from the coaming and, if placed closer than three feet (.91 m), shall be secured § 1918.51 General requirements (See so that they cannot be tipped or also § 1918.11 and appendix III of dragged into a lower compartment. If this part). such placement or securement is not (a) The safe working load specified in possible, strongbacks shall be removed the cargo gear certification papers or to another deck. marked on the booms shall not be ex- (e) Any hatch beam or pontoon left in ceeded. Any limitations imposed by the place next to an open hatch section certificating authority shall be fol- being worked shall be locked or other- lowed. wise secured, so that it cannot be acci- (b) All components of cargo handling dentally displaced. All portable, manu- gear, including tent gantlines and asso- ally handled hatch covers, including ciated rigging, shall be inspected by those bound together to make a larger the employer or a designated person cover, shall be removed from any work- before each use and at appropriate ining section, and adjacent sections, un- tervals during use. Any gear that is less securely lashed. found unsafe shall not be used until it (f)(1) The roller hatch beam at the is made safe. edge of the open section of the hatch (c) The employer shall determine the shall be lashed or pinned back so that load ratings shown on the vessel’s wire it cannot be moved toward the open rope certificates for all wire rope and section. wire rope slings comprising part of (2) Rolling, sectional or telescopic ship’s gear and shall observe these load hatch covers of barges that open in a ratings.

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(d) The following limitations shall (2) Chain stoppers shall be shackled apply to the use of wire rope as a part or otherwise secured so that their links of the ship’s cargo handling gear: are not bent by being passed around (1) Eye splices in wire ropes shall fittings. The point of attachment shall have at least three tucks with a whole be of sufficient strength and so placed strand of the rope and two tucks with that the stoppers are in line with the one-half of the wire cut from each normal topping lift lead at the time strand. Other forms of splices or con- the stopper is applied. nections that the employer dem- (3) Patent stoppers of the clamp type onstrates will provide the same level of shall be appropriate for the size of the safety may be used; rope used. Clamps shall be in good con- (2) Except for eye splices in the ends dition and free of any substance that of wires, each wire rope used in hoist- would prevent their being drawn tight. ing or lowering, in guying derricks, or (c) Falls. (1) The end of the winch fall as a topping lift, preventer, segment of shall be secured to the drum by clamps, a multi-part preventer, or pendant, U-bolts, shackles, or other equally shall consist of one continuous piece strong methods. Fiber rope fastenings without knot or splice; and shall not be used. (3) Wire rope and wire rope slings ex- (2) Winch falls shall not be used with hibiting any of the defects or condi- fewer than three turns on the winch tions specified in § 1918.62(b)(3)(i) drum. through (vi) shall not be used. (3) Eyes in the ends of wire rope (e) Natural and synthetic fiber rope cargo falls shall not be formed by slings exhibiting any of the defects or knots and, in single part falls, shall not conditions specified in § 1918.62(e) (1) be formed by wire rope clips. through (7) shall not be used. (4) When the design of the winch per- (f) Synthetic web slings exhibiting mits, the fall shall be wound on the any of the defects or conditions speci- drum so that the cargo hook rises when fied in § 1918.62(g)(2)(i) through (vi) the winch control lever is pulled back shall not be used. and lowers when the lever is pushed (g) Chains, including slings, exhib- forward. iting any of the defects or conditions (d) Heel blocks. (1) When an employee specified in § 1918.62 (h)(3) (iii), (iv), or works in the bight formed by the heel (h)(6) shall not be used. block, a preventer at least three-quar- [62 FR 40202, July 25, 1997, as amended at 65 ters of an inch (1.91 cm) in diameter FR 40944, June 30, 2000] wire rope shall be securely rigged, or equally effective means shall be taken, § 1918.52 Specific requirements. to hold the block and fall if the heel (a) Preventers. (1) When preventers block attachments fail. Where physical are used they shall be of sufficient limitations prohibit the fitting of a strength for the intended purpose. wire rope preventer of the required They shall be secured to the head of size, two turns of a one-half inch (1.27 the boom independent of working guys cm) diameter wire rope shall be suffi- unless, for cast fittings, the strength of cient. the fitting exceeds the total strength (2) If the heel block is not so rigged of all lines secured to it. Any tails, fit- as to prevent its falling when not under tings, or other means of making the strain, it shall be secured to prevent al- preventers fast on the deck shall pro- ternate raising and dropping of the vide strength equal to that of the pre- block. This requirement shall not venter itself. apply when the heel block is at least 10 (2) Wire rope clips or knots shall not feet (3.05 m) above the deck when at its be used to form eyes in, nor to join sec- lowest point. tions of, preventer guys. (e) Coaming rollers. Portable coaming (b) Stoppers. (1) Chain topping lift rollers shall be secured by wire pre- stoppers shall be in good condition, venters in addition to the regular coa- equipped with fiber tails, and long ming clamps. enough to allow not fewer than three (f) Cargo hooks. Cargo hooks shall be half-hitches in the chain. as close to the junction of the falls as

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the assembly permits, but never far- shall be shut off or control levers shall ther than two feet (.61 m) from it. Ex- be locked at the winch or the operating ception: This provision shall not apply controls. when the construction of the vessel and the operation in progress are such that § 1918.54 Rigging gear. fall angles are less than 120 degrees. (a) Guy and preventer placement. Each Overhaul chains shall not be shortened guy or preventer shall be placed to pre- by bolting or knotting. vent it from making contact with any [62 FR 40202, July 25, 1997, as amended at 65 other guy, preventer, or stay. FR 40944, June 30, 2000] (b) Guys. When alternate positions for securing guys are provided, the § 1918.53 Cargo winches. guys shall be so placed as to produce a (a) Moving parts of winches and other minimum stress and not permit the deck machinery shall be guarded. boom to jackknife. (b) Winches shall not be used if con- (c) Boom placement. The head of the trol levers operate with excessive fric- midship boom shall be spotted no far- tion or excessive play. ther outboard of the coaming than is (c) Double gear winches or other necessary for control of the load. winches equipped with a clutch shall (d) Preventers. (1) Preventers shall be not be used unless a positive means of properly secured to suitable fittings locking the gear shift is provided. other than those to which the guys are (d) There shall be no load other than secured, and shall be as nearly parallel the fall and cargo hook assembly on to the guys as the fittings will permit. the winch when changing gears on a (2) Unless the cleat is also a chock two-gear winch. and the hauling part is led through the (e) Any defect or malfunction of chock opening, the leads of preventers winches that could endanger employees to cleats shall be such that the direc- shall be reported immediately to the tion of the line pull of the preventer is officer in charge of the vessel, and the as parallel as possible to the plane of winch shall not be used until the defect the surface on which the cleat is or malfunction is corrected. mounted. (f) Temporary seats and shelters for (3) Guys and associated preventers winch drivers that create a hazard to shall be adjusted to share the load as the winch operator or other employees equally as possible where cargo oper- shall not be used. ations are being conducted by (g) Except for short handles on wheel burtoning. Exception: Where guys are type controls, winch drivers shall not designed and intended for trimming be permitted to use winch control ex- purposes only, and the preventer is in- tension levers unless they are provided tended to do the function of the guy, by either the ship or the employer. the guy may be left slack. Such levers shall be of adequate (e) Cargo falls. Cargo falls under load strength and securely fastened with shall not be permitted to chafe on any metal connections at the fulcrum and standing or other running rigging. Ex- at the permanent control lever. ception: Rigging shall not be construed (h) Extension control levers that to mean hatch coamings or other simi- tend to fall due to their own weight lar structural parts of the vessel. shall be counterbalanced. (f) Bull wire. (1) Where a bull wire is (i) Winch brakes shall be monitored taken to a winch head for lowering or during use. If winch brakes are unable topping a boom, the bull wire shall be to hold the load, the winch shall be re- secured to the winch head by shackle moved from service. or other equally strong method. Secur- (j) Winches shall not be used when ing by fiber rope fastening does not one or more control points, either meet this requirement. hoisting or lowering, are not operating (2) When, in lowering or topping a properly. Only authorized personnel boom, it is not possible to secure the shall adjust control systems. bull wire to the winch head, or when (k) When winches are left unat- the topping lift itself is taken to the tended, control levers shall be placed winch head, at least five turns of wire in the neutral position and the power shall be used.

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(g) Trimming and deckloads. When to hold the load, the crane shall not be deck loads extend above the rail and used. there is less than 12 inches (30.48 cm) (5) Cranes shall not be used if control horizontal clearance between the edge levers operate with excessive friction of the deck load and the inside of the or excessive play. bulwark or rail, a pendant or other al- (6) When cranes are equipped with ternate device shall be provided to power down capability, there shall be allow trimming of the gear and to pre- no free fall of the gear when a load is vent employees from going over the attached. side. (7) When two or more cranes hoist a load in unison, a designated person [62 FR 40202, July 25, 1997, as amended at 65 FR 40945, June 30, 2000] shall direct the operation and instruct personnel in positioning, rigging of the § 1918.55 Cranes (See also § 1918.11). gear and movements to be made. (d) Unattended cranes. When cranes The following requirements shall are left unattended between work peri- apply to the use of cranes forming part ods, § 1918.66(b) (4)(i) through (v) shall of a vessel’s permanent equipment. apply. (a) Defects. Cranes with a visible or known defect that affects safe operation shall not be used. Defects shall be Subpart G—Cargo Handling Gear reported immediately to the officer in and Equipment Other Than charge of the vessel. Ship’s Gear (b) Operator’s station. (1) Cranes with missing, broken, cracked, scratched, or § 1918.61 General (See also appendix dirty glass (or equivalent) that impairs IV of this part). operator visibility shall not be used. (a) Employer provided gear inspection. (2) Clothing, tools and equipment All gear and equipment provided by the shall be stored so as not to interfere employer shall be inspected by the em- with access, operation or the operator’s ployer or designated person before each view. use and, when appropriate, at intervals (c) Cargo operations. (1) Accessible during its use, to ensure that it is safe. areas within the swing radius of the Any gear that is found upon such in- body of a revolving crane or within the spection to be unsafe shall not be used travel of a shipboard gantry crane shall until it is made safe. be physically guarded or other equally (b) Safe working load. (1) The safe effective means shall be taken during working load of gear as specified in operations to prevent an employee §§ 1918.61 through 1918.66 shall not be from being caught between the body of exceeded. the crane and any fixed structure, or (2) All cargo handling gear provided between parts of the crane. Verbal by the employer with a safe working warnings to employees to avoid the load greater than five short tons (10,000 dangerous area do not meet this re- lbs. or 4.54 metric tons) shall have its quirement. safe working load plainly marked on it. (2) Limit switch bypass systems shall (c) Gear weight markings. The weight be secured during all cargo operations. shall be plainly marked on any article Such bypass systems shall not be used of stevedoring gear hoisted by ship’s except in an emergency or during non- gear and weighing more than 2,000 lbs. cargo handling operations such as (.91 metric tons). stowing cranes or derricks or per- (d) Certification. The employer shall forming repairs. Any time a bypass not use any material handling device system is used, it shall be done only listed in paragraphs (f) and (g) of this under the direction of an officer of the section until the device has been cer- vessel. tificated, as evidenced by current and (3) Under all operating conditions, at valid documents attesting to compli- least three full turns of rope shall re- ance with the requirements of para- main on ungrooved drums, and two full graph (e) of this section. turns on grooved drums. (e) Certification procedures. Each cer- (4) Crane brakes shall be monitored tification required by this section shall during use. If crane brakes are unable be performed in accordance with part

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1919 of this chapter, by a person then quired by this section shall be avail- currently accredited by OSHA as pro- able for inspection. vided in that part. [62 FR 40202, July 25, 1997, as amended at 65 (f) Special gear. (1) Special steve- FR 40945, June 30, 2000] doring gear provided by the employer, the strength of which depends upon § 1918.62 Miscellaneous auxiliary gear. components other than commonly used stock items such as shackles, ropes, or (a) Routine inspection. (1) At the com- chains, and that has a Safe Working pletion of each use, loose gear such as Load (SWL) greater than five short slings, chains, bridles, blocks and tons (10,000 lbs or 4.54 metric tons) hooks shall be so placed as to avoid damage to the gear. Loose gear shall be shall be inspected and tested as a unit inspected and any defects corrected be- before initial use (see Table A in para- fore reuse. graph (f)(2) of this section). In addition, any special stevedoring gear that suf- (2) Defective gear, as defined by the fers damage necessitating structural manufacturers’ specifications (when repair shall be inspected and retested available), shall not be used. Distorted after repair and before being returned hooks, shackles or similar gear shall be to service. discarded. (2) Special stevedoring gear provided NOTE TO PARAGRAPH (a): When manufactur- by the employer that has a SWL of five ers’ specifications are not available to deter- short tons (10,000 lbs. or 4.54 metric mine whether gear is defective, the employer tons) or less shall be inspected and shall use the appropriate paragraphs of this tested as a unit before initial use ac- section to make these determinations. cording to paragraphs (d) and (e) of this (b) Wire rope and wire rope slings. (1) section or by a designated person (see The employer shall follow the manu- Table A in this paragraph (f)(2)). facturers’ recommended ratings for wire rope and wire rope slings provided TABLE A for use aboard ship, and shall have such ratings available for inspection. When Safe working load Proof load the manufacturer is unable to supply Up to 20 short tons (18.1 metric tons) .. 25 percent in ex- such ratings, the employer shall use cess. the tables for wire rope and wire rope From 20 through 50 short tons (18.1 to 5 short tons in ex- slings found in appendix II to this part. 45.4 metric tons). cess A design safety factor of at least five Over 50 short tons (45.4 metric tons) ... 10 percent in excess shall be maintained for the common sizes of running wire used as falls in (g) Every spreader that is not a part purchases, or in such uses as light load of ship’s gear and is used for handling slings. intermodal containers shall be in- (2) Wire rope with a safety factor of spected and tested before initial use to less than five may be used only as fol- a proof load equal to 25 percent greater lows: than its rated capacity. In addition, (i) In specialized equipment, such as any spreader that suffers damage ne- cranes, designed to be used with lesser cessitating structural repair shall be wire rope safety factors; inspected and retested after repair and (ii) According to design factors in before being returned to service. standing rigging applications; or (h) All cargo handling gear covered (iii) For heavy lifts or other purposes by this section with a SWL greater for which a safety factor of five is not than five short tons (10,000 lbs. or 4.54 feasible and for which the employer metric tons) shall be proof load tested can show that equivalent safety is en- according to Table A in paragraph (f) sured. or paragraph (g), as applicable, of this (3) Wire rope or wire rope slings pro- section every four years and in accord- vided by the employer and having any ance with paragraphs (d) and (e) of this of the following conditions shall not be section or by a designated person. used: (i) Certificates and inspection and (i) Ten randomly distributed broken test records attesting to the tests re- wires in one rope lay or three or more

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broken wires in one strand in one rope (2) If the manufacturers’ rec- lay; ommended ratings and use rec- (ii) Kinking, crushing, bird caging or ommendations are unavailable, the em- other damage resulting in distortion of ployer shall use table 2 of appendix II the wire rope structure; to this part to determine safe working (iii) Evidence of heat damage; loads of natural fiber rope slings com- (iv) Excessive wear or corrosion, de- prising part of pre-slung drafts. formation or other defect in the wire or (3) Eye splices shall consist of at attachments, including cracks in at- least three full tucks. Short splices tachments; shall consist of at least six tucks, three (v) Any indication of strand or wire on each side of the centerline. slippage in end attachments; or (d) Synthetic rope. (1) The employer (vi) More than one broken wire close shall follow the manufacturers’ ratings to a socket or swaged fitting. and use recommendations for the spe- (4) Protruding ends of strands in cific synthetic fiber rope and synthetic splices on slings and bridles shall be fiber rope slings provided for use covered or blunted. Coverings shall be aboard ship, and shall have such rat- removable so that splices can be exam- ings available for inspection. ined. Means used to cover or blunt ends (2) If the manufacturers’ rec- shall not damage the wire. ommended ratings and use rec- (5) Where wire rope clips are used to ommendations are unavailable, tables form eyes, the employer shall follow 3A and B of appendix II to this part the manufacturers’ recommendations, shall be used to determine the safe which shall be available for inspection. working load of synthetic fiber rope If ‘‘U’’ bolt clips are used and the man- and of synthetic rope slings that com- ufacturers’ recommendations are not prise this part of pre-slung drafts. available, table 1 of appendix II to this (3)(i) Unless otherwise recommended part shall be used to determine the by the manufacturer, when synthetic number and spacing of clips. ‘‘U’’ bolts fiber ropes are substituted for fiber shall be applied with the ‘‘U’’ section ropes of less than three inches (7.62 cm) in contact with the dead end of the in circumference, the substitute shall rope. be of equal size. Where substituted for (6) Wire rope shall not be secured by fiber rope of three inches or more in knotting. circumference, the size of the synthetic (7) Eyes in wire rope bridles, slings, rope shall be determined from the for- bull wires, or in single parts used for mula: hoisting shall not be formed by wire rope clips or knots. =±22 + (8) Eye splices in wire ropes shall CCC06..4sm 0 have at least three tucks with a whole Where C = the required circumference of the strand of the rope, and two tucks with synthetic rope in inches, Cs= the circum- one-half of the wire cut from each ference to the nearest one-quarter inch strand. Other forms of splices or con- of a synthetic rope having a breaking nections that the employer dem- strength not less than that of the size onstrates to be equivalently safe may fiber rope that is required by paragraph be used. (c) of this section and Cm = the circumference of the fiber rope in inches that is (9) Except for eye splices in the ends required by paragraph (c) of this section. of wires and endless rope slings, each wire rope used in hoisting or lowering, (ii) In making such substitution, it or bulling cargo, shall consist of one shall be ascertained that the inherent continuous piece without knot or characteristics of the synthetic fiber splice. are suitable for hoisting. (c) Natural fiber rope. (1) The em- (e) Removal of natural and synthetic ployer shall follow the manufacturers’ rope from service. Natural and synthetic recommended ratings for natural fiber rope having any of the following de- rope and natural fiber rope slings pro- fects shall be removed from service: vided for use aboard ship, and shall (1) Abnormal or excessive wear in- have such ratings available for inspec- cluding heat and chemical damage; tion. (2) Powdered fiber between strands;

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(3) Sufficient cut or broken fibers to ratings available for inspection. When affect the capability of the rope; the manufacturer does not provide (4) Variations in the size or round- such ratings, the employer shall use ness of strands; table 4A of appendix II to this part to (5) Discolorations other than stains determine safe working loads for alloy not associated with rope damage; steel chains and chain slings only. (6) Rotting; or (2) Proof coil steel chain, also known (7) Distortion or other damage to at- as common or hardware chain, and tached hardware. other chain not recommended by the (f) Thimbles. Properly fitting thimbles manufacturer for slinging or hoisting shall be used when any rope is secured shall not be used for slinging or hoist- permanently to a ring, shackle or ating. tachment, where practicable. (3)(i) Sling chains, including end fas- (g) Synthetic web slings. (1) Slings and tenings, shall be inspected for visible nets or other combinations of more defects before each day’s use and as than one piece of synthetic webbing as- often as necessary during use to ensure sembled and used as a single unit (syn- integrity of the sling. thetic web slings) shall not be used to (ii) Thorough inspections of chains in hoist loads greater than the sling’s use shall be made quarterly to detect rated capacity. wear, defective welds, deformation or (2) Synthetic web slings shall be re- increase in length or stretch. The moved from service if they exhibit any month of inspection shall be shown on of the following defects: each chain by color of paint on a link (i) Acid or caustic burns; or by other equally effective means. (ii) Melting or charring of any part of (iii) Chains shall be removed from the sling surface; service when maximum allowable wear, (iii) Snags, punctures, tears or cuts; as indicated in table 4B of appendix II (iv) Broken or worn stitches; to this part, is reached at any point of (v) Distortion or damage to fittings; a link. or (iv) Chain slings shall be removed (vi) Display of visible warning from service when stretch has in- threads or markers designed to indi- creased the length of a measured sec- cate excessive wear or damage. tion by more than 5 percent; when a (3) Defective synthetic web slings re- link is bent, twisted or otherwise dam- moved from service shall not be re- aged; or when a link has a raised scarf turned to service unless repaired by a or defective weld. sling manufacturer or an entity of (v) Only designated persons shall in- similar competence. Each repaired spect chains used for slinging and sling shall be proof tested by the re- hoisting. pairer to twice the sling’s rated capac- (4) Chains shall only be repaired by a ity before its return to service. The designated person. Links or portions of employer shall retain a certificate of a chain defective under any of the cri- the proof test and make it available for teria of paragraph (h)(3)(iv) of this sec- inspection. tion shall be replaced with properly di- (4) Synthetic web slings provided by mensioned links or connections of ma- the employer shall only be used accord- terial similar to that of the original ing to the manufacturers’ use rec- chain. Before repaired chains are re- ommendations, which shall be avail- turned to service, they shall be tested able. to the proof test load recommended by (5) Fittings shall have a breaking the manufacturer for the original strength at least equal to that of the chain. Tests shall be done by the manu- sling to which they are attached and facturer or shall be certified by an shall be free of sharp edges. agency accredited for the purpose (h) Chains and chain slings used for under part 1919 of this chapter. Test hoisting. (1) The employer shall follow certificates shall be available for in- the manufacturers’ recommended rat- spection. ings for safe working loads for the size (5)(i) Wrought iron chains in constant of wrought iron and alloy steel chains use shall be annealed or normalized at and chain slings and shall have such intervals not exceeding six months.

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Heat treatment certificates shall be (2) Reusable wing or lip-type pallets available for inspection. Alloy chains shall be hoisted by bar bridles or other shall not be annealed. suitable gear and shall have an over- (ii) Any part of a lifting appliance or hanging wing or lip of at least three item of loose gear installed after Janu- inches (7.6 cm). They shall not be hoist- ary 21, 1998 shall not be manufactured ed by wire slings alone. of wrought iron. (3) Loaded pallets that do not meet (6) Kinked or knotted chains shall the requirements of this paragraph not be used for lifting. Chains shall not shall be hoisted only after being placed be shortened by bolting, wiring or on pallets meeting such requirements, knotting. Makeshift links or fasteners or shall be handled by other means pro- such as wire, bolts or rods shall not be viding equivalent safety. used. (4) Bridles for handling flush end or (7) Hooks, rings, links and attach- box-type pallets shall be designed to prevent disengagement from the pallet ments affixed to sling chains shall have under load. rated capacities at least equal to those (5) Pallets shall be stacked or placed of the chains to which they are at- to prevent falling, collapsing or other- tached. wise causing a hazard under standard (8) Chain slings shall bear identifica- operating conditions. tion of size, grade and rated capacity. (6) Disposable pallets intended only (i) Shackles. (1) If the manufacturers’ for one use shall not be reused for recommended safe working loads for hoisting. shackles are available, they shall not be exceeded. If the manufacturers’ rec- [62 FR 40202, July 25, 1997, as amended at 65 ommendations are not available, table FR 40945, June 30, 2000] 5 of appendix II to this part shall apply. § 1918.63 Chutes, gravity conveyors (2) Screw pin shackles provided by and rollers. the employer and used aloft, except in (a) Chutes shall be of adequate length cargo hook assemblies, shall have their and strength to support the conditions pins positively secured. of use, and shall be free of splinters and (j) Hooks other than hand hooks. (1) sharp edges. The manufacturer’s recommended safe (b) When necessary for the safety of working loads for hooks shall not be employees, chutes shall be equipped exceeded. Hooks other than hand hooks with sideboards to afford protection shall be tested before initial use in ac- from falling objects. cordance with the provisions of § 1919.31 (c) When necessary for the safety of (a), (c), and (d) of this chapter. Excep- employees, provisions shall be made for tion: Manufacturers’ test certificates stopping objects other than bulk com- indicating performance to the criteria modities at the delivery end of the in § 1919.31 (a), (c) and (d) of this chap- chute. ter shall be acceptable. (d) Chutes and gravity conveyor roll- (2) Bent or sprung hooks shall be dis- er sections shall be firmly placed and carded. secured to prevent displacement, shift- (3) Teeth of case hooks shall be maining, or falling. tained in safe condition. (e) Gravity conveyors shall be of suf- (4) Jaws of patent clamp-type plate ficient strength to support the weight hooks shall be maintained in condition of materials placed upon them safely. to grip plates securely. Conveyor rollers shall be installed in a (5) Loads shall be applied to the way that prevents them from falling or throat of the hook only. jumping out of the frame. (k) Pallets. (1) Pallets shall be made (f) Frames shall be kept free of burrs and maintained to support and carry and sharp edges. loads being handled safely. Fastenings of reusable pallets used for hoisting § 1918.64 Powered conveyors. shall be bolts and nuts, drive screws (a) Emergency stop. Readily accessible (helically threaded nails), annular stop controls shall be provided for use threaded nails or fastenings of equiva- in an emergency. Whenever the oper- lent holding strength. ation of any power conveyor requires

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personnel to work close to the con- (2) The starting device shall be veyor, the conveyor controls shall not locked out and tagged out in the stop be left unattended while the conveyor position before an attempt is made to is in operation. remove the cause of a jam or overload (b) Guarding. All conveyor and trim- of the conveying medium. mer drives that create a hazard shall (l) Safe practices. (1) Only designated be adequately guarded. persons shall operate, repair or service (c) Approved for location. Electric mo- powered conveyors. tors and controls on conveyors and (2) The employer shall ensure that trimmers used to handle grain and ex- each employee stays off operating con- posed to grain dust shall be of a type veyors. approved by a nationally recognized (3) Conveyors shall be operated only testing laboratory for use in Class II, with all overload devices, guards and Division I locations. (See § 1910.7 of this safety devices in place and operable. chapter.) § 1918.65 Mechanically powered vehi- (d) Grain trimmer control box. Each cles used aboard vessels. grain trimmer shall have a control box on the weather deck close to the spout (a) Applicability. This section applies feeding the trimmer. to every type of mechanically powered vehicle used for material or equipment (e) Grain trimmer power cable. Power handling aboard a vessel. cables between the deck control box (b) General. (1) Modifications, such as and the grain trimmer shall be used adding counterweights that might af- only in continuous lengths without fect the vehicle’s capacity or safety, splice or tap between connections. shall not be done without either the (f) Portable con- Portable conveyors. manufacturers’ prior written approval veyors shall be stable within their op- or the written approval of a registered erating ranges. When used at variable professional engineer experienced with fixed levels, the unit shall be secured the equipment, who has consulted with at the operating level. the manufacturer, if available. Capac- (g) Delivery and braking. When nec- ity, operation and maintenance in- essary for the safety of employees, pro- struction plates, tags or decals shall be visions shall be made for braking ob- changed to conform to the equipment jects at the delivery end of the con- as modified. veyor. (2) Rated capacities, with and with- (h) Electric brakes. Conveyors using out removable counterweights, shall electrically released brakes shall be not be exceeded. Rated capacities shall constructed so that the brakes cannot be marked on the vehicle and shall be be released until power is applied and visible to the operator. The vehicle the brakes are automatically engaged weight, with and without a counter- if the power fails or the operating con- weight, shall be similarly marked. trol is returned to the ‘‘stop’’ position. (3) If loads are lifted by two or more (i) Starting powered conveyors. Pow- trucks working in unison, the total ered conveyors shall not be started weight shall not exceed the combined until all employees are clear of the safe lifting capacity of all trucks. conveyor or have been warned that the (c) Guards for fork lift trucks. (1) Ex- conveyor is about to start up. cept as noted in paragraph (c)(5) of this (j) Loading and unloading. The area section, fork lift trucks shall be around conveyor loading and unloading equipped with overhead guards se- points shall be kept clear of obstruc- curely attached to the machines. The tions during conveyor operations. guard shall be of such design and con- (k) Lockout/tagout. (1) Conveyors struction as to protect the operator shall be stopped and their power from boxes, cartons, packages, bagged sources locked out and tagged out dur- material, and other similar items of ing maintenance, repair, and servicing. cargo that might fall from the load If power is necessary for testing or for being handled or from stowage. making minor adjustments, power (2) Overhead guards shall not ob- shall only be supplied to the servicing struct the operator’s view, and open- operation. ings in the top of the guard shall not

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exceed six inches (15.24 cm) in one of ally recognized testing laboratory (see the two directions, width or length. § 1910.7 of this chapter). Larger openings are permitted if no (2) Approved power-operated indus- opening allows the smallest unit of trial trucks shall bear a label or other cargo being handled through the guard. identification indicating testing lab- (3) Overhead guards shall be built so oratory approval. that failure of the vehicle’s mast tilt- (3) When the atmosphere in an area is ing mechanism will not displace the hazardous (see § 1918.2 and § 1918.93), guard. only approved power-operated indus- (4) Overhead guards shall be large trial trucks shall be used. enough to extend over the operator (f) Maintenance. (1) Mechanically during all truck operations, including powered vehicles shall be maintained forward tilt. in safe working order. Safety devices (5) An overhead guard may be re- shall not be removed or made inoper- moved only when it would prevent a ative except where permitted in this truck from entering a work space and section. Vehicles with a fuel system only if the operator is not exposed to leak or any other safety defect shall low overhead obstructions in the work not be operated. space. (2) Braking systems or other mecha- (6) Where necessary to protect the nisms used for braking shall be oper- operator, fork lift trucks shall be fitted able and in safe condition. with a vertical load backrest extension (3) Replacement parts whose function to prevent the load from hitting the might affect operational safety shall be mast when the mast is positioned at equivalent in strength and performance maximum backward tilt. For this pur- capability to the original parts that pose, a ‘‘load backrest extension’’ they replace. means a device extending vertically (4) Repairs to the fuel and ignition from the fork carriage frame to pre- systems of mechanically powered vehi- vent raised loads from falling back- cles that involve fire hazards shall be ward. conducted only in locations designated (d) Guards for bulk cargo-moving vehi- as safe for such repairs. cles. (1) Every crawler type, rider oper- (5) Batteries on all mechanically ated, bulk cargo-moving vehicle shall powered vehicles shall be disconnected be equipped with an operator’s guard of during repairs to the primary electrical such design and construction as to pro- system except when power is necessary tect the operator, when seated, against for testing and repair. On vehicles injury from contact with a projecting equipped with systems capable of stor- overhead hazard. ing residual energy, that energy shall (2) Overhead guards and their attach- be safely discharged before work on the ment points shall be so designed as to primary electrical system begins. be able to withstand, without excessive (6) Only designated persons shall do deflection, a load applied horizontally maintenance and repair. at the operator’s shoulder level equal (g) Parking brakes. All mechanically to the drawbar pull of the machine. powered vehicles purchased after Janu- (3) Overhead guards are not required ary 21, 1998, shall be equipped with when the vehicle is used in situations parking brakes. in which the seated operator cannot (h) Operation. (1) Only stable and contact projecting overhead hazards. safely arranged loads within the rated (4) After July 26, 1999, bulk cargo- capacity of the mechanically powered moving vehicles shall be equipped with vehicle shall be handled. rollover protection of such design and (2) The employer shall require drivers construction as to prevent the possi- to ascend and descend grades slowly. bility of the operator being crushed be- (3) If the load obstructs the forward cause of a rollover or upset. view, the employer shall require driv- (e) Approved trucks. (1) ‘‘Approved ers to travel with the load trailing. power-operated industrial truck’’ (4) Steering knobs shall not be used means one listed as approved for the unless the vehicle is equipped with intended use or location by a nation- power steering.

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(5) When mechanically powered vehi- (v) The platform floor shall be skid cles use cargo lifting devices that have resistant. a means of engagement hidden from (vi) An employee shall be at the the operator, a means shall be provided truck’s controls whenever employees to enable the operator to determine are elevated. that the cargo has been engaged. (vii) While an employee is elevated, (6) No load on a mechanically pow- the truck may be moved only to make ered vehicle shall be suspended or minor adjustments in placement. swung over any employee. [62 FR 40202, July 25, 1997, as amended at 65 (7) When mechanically powered vehi- FR 40945, June 30, 2000] cles are used, provisions shall be made to ensure that the working surface can § 1918.66 Cranes and derricks other support the vehicle and load, and that than vessel’s gear. hatch covers, truck plates, or other (a) General. The following require- temporary surfaces cannot be dislodged ments shall apply to the use of cranes by movement of the vehicle. and derricks brought aboard vessels for (8) When mechanically powered vehi- conducting longshoring operations. cles are left unattended, load-engaging They shall not apply to cranes and der- means shall be fully lowered, controls ricks forming part of a vessel’s perma- neutralized, brakes set and power shut nent equipment. off. Wheels shall be blocked or curbed (1) Certification. Cranes and derricks if the vehicle is on an incline. shall be certificated in accordance with (9) When lift trucks or other me- part 1919 of this chapter. chanically powered vehicles are being (2) Posted weight. The crane weight operated on open deck-type barges, the shall be posted on all cranes hoisted edges of the barges shall be guarded by aboard vessels for temporary use. railings, sideboards, timbers, or other (3) Rating chart. All cranes and der- means sufficient to prevent vehicles ricks having ratings that vary with from rolling overboard. When such ve- boom length, radius (outreach) or other hicles are operated on covered lighters variables shall have a durable rating where door openings other than those chart visible to the operator, covering being used are left open, means shall be the complete range of the manufactur- provided to prevent vehicles from rollers’ (or design) capacity ratings. The ing overboard through such openings. rating chart shall include all operating radii (outreach) for all permissible (10) Unauthorized personnel shall not boom lengths and jib lengths, as appli- ride on mechanically powered vehicles. cable, with and without outriggers, and A safe place to ride shall be provided alternate ratings for optional equip- when riding is authorized. ment affecting such ratings. Pre- (11) An employee may be elevated by cautions or warnings specified by the fork lift trucks only when a platform is owner or manufacturer shall be in- secured to the lifting carriage or forks. cluded along with the chart. The platform shall meet the following (4) Rated loads. The manufacturers’ requirements: (or design) rated loads for the condi- (i) The platform shall have a railing tions of use shall not be exceeded. complying with § 1917.112(c) of this (5) Change of rated loads. Designated chapter. working loads shall not be increased (ii) The platform shall have beyond the manufacturers’ ratings or toeboards complying with § 1917.112(d) original design limitations unless such of this chapter, if tools or other objects increase receives the manufacturers’ could fall on employees below. approval. When the manufacturers’ (iii) When the truck has controls ele- services are not available or where the vated with the lifting carriage, means equipment is of foreign manufacture, shall be provided for employees on the engineering design analysis shall be platform to shut off power to the vehi- done or approved by a person accred- cle. ited for certificating the equipment (iv) Employees on the platform shall under part 1919 of this chapter. Engi- be protected from exposure to moving neering design analysis shall be done truck parts. by a registered professional engineer

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competent in the field of cranes and equivalent shall be accessible in the derricks. Any structural changes re- cab of the crane or derrick. quired by the change in rating shall be (ii) No portable fire extinguisher carried out. using carbon tetrachloride or (6) Radius indicator. When the rated chlorobromomethane extinguishing load varies with the boom radius, the agents shall be used. crane or derrick shall be fitted with a (13) Rope on drums. At least three full boom angle or radius indicator visible turns of rope shall remain on to the operator. ungrooved drums, and two turns on (7) Operator’s station. The cab, con- grooved drums, under all operating trols and mechanism of the equipment conditions. Wire rope shall be secured shall be so arranged that the operator to drums by clamps, U-bolts, shackles has a clear view of the load or signal- or equivalent means. Fiber rope fas- man, when one is used. Cab glass, when tenings are prohibited. used, shall be safety plate glass or (14) Brakes. (i) Each independent equivalent. Cranes with missing, bro- hoisting unit of a crane shall be ken, cracked, scratched, or dirty glass equipped with at least one holding (or equivalent), that impairs operator brake, applied directly to the motor vision shall not be used. Clothing, shaft or gear train. tools, and equipment shall be stored so (ii) Each independent hoisting unit of as not to interfere with access, oper- a crane shall, in addition to the hold- ation, and the operator’s view. ing brake, be equipped with a con- (8) Counterweights or ballast. Cranes trolled braking means to control low- shall be operated only with the speci- ering speeds. fied type and amount of ballast or (iii) Holding brakes for hoist units counterweights. Ballast or counter- shall have not less than the following weights shall be located and secured percentage of the rated load hoisting only as provided in the manufacturers’ torque at the point where the brake is or design specifications, which shall be applied: available for inspection. (A) 125 percent when used with an (9) Outriggers. Outriggers shall be other than mechanically controlled used according to the manufacturers’ braking means; specifications or design data, which (B) 100 percent when used with a me- shall be available for inspection. chanically controlled braking means; Floats, when used, shall be securely at- or tached to the outriggers. Wood blocks (C) 100 percent when two holding or other support shall be of sufficient brakes are provided. size to support the outrigger, free of (iv) All power control braking means defects that may affect safety, and of shall be capable of maintaining safe sufficient width and length to prevent lowering speeds of rated loads. the crane from shifting or toppling (15) Operating controls. Crane and der- under load. rick operating controls shall be clearly (10) Exhaust gases. Engine exhaust marked, or a chart showing their func- gases shall be discharged away from tion shall be posted at the operator’s crane operating personnel. position. (11) Electrical/Guarding. Electrical (16) Booms. Cranes with elevatable equipment shall be so placed or en- booms and without operable automatic closed that live parts will not be ex- limiting devices shall be provided with posed to accidental contact. Des- boom stops if boom elevation can ex- ignated persons may work on energized ceed maximum design angles from the equipment only if necessary during in- horizontal. spection, maintenance, or repair; oth- (17) Foot pedals. Foot pedals shall erwise the equipment shall be stopped have a non-skid surface. and its power source locked out and (18) Access. Ladders, stairways, stan- tagged out. chions, grab irons, foot steps or equiva- (12) Fire extinguisher. (i) At least one lent means shall be provided as nec- portable approved or listed fire extin- essary to ensure safe access to guisher of at least a 5-B:C rating or footwalks, cab platforms, the cab and

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any portion of the superstructure that (v) Equipped with a device to prevent employees must reach. access doors, when used, from opening (b) Operations—(1) Use of cranes to- accidentally; gether. When two or more cranes hoist (vi) Equipped with overhead protec- a load in unison, a designated person tion for employees on the platform if shall direct the operation and instruct they are exposed to falling objects or personnel in positioning, rigging of the overhead hazards; and load and movements to be made. (vii) Secured to the load line by (2) Guarding of swing radius. Acces- means other than wedge and socket at- sible areas within the swing radius of tachments, unless the free (bitter) end the body of a revolving crane shall be of the line is secured back to itself by physically guarded during operations a clamp placed as close above the to prevent an employee from being wedge as possible. caught between the body of the crane (2) Except in an emergency, the and any fixed structure or between hoisting mechanism of all cranes or derricks used to hoist personnel shall parts of the crane. operate only in power up and power (3) (i) Equipment Prohibited usage. down, with automatic brake applica- shall not be used in a way that exerts tion when not hoisting or lowering. side loading stresses upon the crane or (3) All cranes and derricks used to derrick boom. hoist personnel shall be equipped with (ii) No crane or derrick having a visi- an anti-two-blocking device. ble or known defect that may affect (4) Variable radius booms of a crane safe operation shall be used. or derrick used to hoist personnel shall (4) Unattended cranes. The following be so constructed or secured as to pre- steps shall be taken before leaving a vent accidental boom movement. crane unattended between work peri- (5) Platforms or devices used to hoist ods: employees shall be inspected for de- (i) Suspended loads, such as those fects before each day’s use and shall be hoisted by lifting magnets or clamshell removed from service if defective. buckets, shall be landed unless the (6) Employees being hoisted shall re- storage position or maximum hoisting main in continuous sight of and com- of the suspended device will provide munication with the operator or sig- equivalent safety; nalman. (ii) Clutches shall be disengaged; (7) Operators shall remain at the con- (iii) The power supply shall be shut trols when employees are hoisted. off; (8) Cranes shall not travel while em- (iv) The crane shall be secured ployees are hoisted, except in emer- against accidental travel; and gencies or in normal tier-to-tier trans- (v) The boom shall be lowered or se- fer of employees during container oper- cured against movement. ations. (d) Routine inspection. (1) Designated (c) Protection for employees being hoist- persons shall visually inspect each ed. (1) No employee shall be hoisted by crane and derrick on each day of use the load hoisting apparatus of a crane for defects in functional operating or derrick except on a platform meet- components and shall report any defect ing the following requirements: found to the employer. The employer (i) Enclosed by a railing or other shall inform the operator of the result means providing protection equivalent of the inspection. to that described in § 1917.112(c) of this (2) A designated person shall thor- chapter; oughly inspect all functional compo- (ii) Fitted with toe boards if the plat- nents and accessible structural fea- form has open railings; tures of each crane or device at month- (iii) A safety factor of four based on ly intervals. ultimate strength; (3) Any defects found during such in- (iv) Bearing a plate or permanent spections that may create a safety haz- marking indicating maximum load rat- ard shall be corrected before further ing, which shall not be exceeded, and equipment use. Repairs shall be done the weight of the platform itself; only by designated persons.

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(4) A record of each monthly inspec- clude such means of checking, it shall tion shall be maintained for six months be certified by the manufacturer to re- in or on the crane or derrick or at the main operative for a specific time. The terminal. device shall be checked for accuracy, (e) Protective devices. (1) When ex- using known values of the load, at the posed moving parts such as gears, time of every certification survey (see chains and chain sprockets present a § 1918.11) and at such additional times hazard to employees during crane and as may be recommended by the manu- derrick operations, those parts shall be facturer. securely guarded. (iv) When the load indicating device (2) Crane hooks shall be latched or or alternative device is so arranged in otherwise secured to prevent acci- the supporting system (crane struc- dental load disengagement. ture) that its failure could cause the (f) Load-indicating devices. (1) Unless load to be dropped, its strength shall exempted by the provisions of para- not be the limiting factor of the sup- graph (f)(1)(viii) of this section, every porting system (crane structure). crane used to load or discharge cargo (v) Units of measure in pounds or into or out of a vessel shall be fitted both pounds and kilograms (or other with a load-indicating device or alter- indicators of measurement, such as col- native device in proper working condi- ored indicator lights), capacity of the tion that shall meet the following cri- indicating system, accuracy of the in- teria: dicating system, and operating instruc- (i) The type or model of any load-in- tions and precautions shall be con- dicating device used shall be such as to spicuously marked. If the system used provide: provides no readout but automatically (A) A direct indication in the cab of ceases crane operation when the rated actual weight hoisted or a means of de- load limit is reached under any specific termining this by reference to crane condition of use, the marking shall ratings posted and visible to the oper- provide the make and model of the de- ator, except that the use of a dyna- vice installed, a description of what it mometer or simple scale alone will not does, how it is operated, and any nec- meet this requirement; or essary precautions regarding the sys- (B) An automatic weight-moment de- tem. All of these markings shall be vice (e.g., a computer) providing indi- readily visible to the operator. cations in the cab according to the ra- (vi) All load indicating devices shall dius and load at the moment; or operate over the full operating radius. (C) A device that will prevent an Overall accuracy shall be based on ac- overloaded condition. tual applied loads and not on full scale (ii) The accuracy of the load-indi- (full capacity) load. cating device, weight-moment device, NOTE TO PARAGRAPH (f)(1)(vi): If the accu- or overload protection device shall be racy of the load indicating device is based on such that any indicated load (or limit), full scale loads and the device is arbitrarily including the sum of actual weight set at plus or minus 10 percent, it would ac- hoisted and additional equipment or cept a reading between 90,000 and 110,000 lbs. ‘‘add ons’’ such as slings, sensors, at full capacity for a machine with a max- blocks, etc., is within the range be- imum rating of 100,000 lbs. but would also tween 95 percent (5 percent underload) show a reading of between zero and 20,000 lbs. at that outreach (radius) at which the load and 110 percent (10 percent overload) of would be 10,000 lbs.; this is clearly unaccept- the actual true total load. Such accu- able. If, however, the accuracy of the device racy shall be required over the range of is based on actual applied loads under the daily operating variables reasonably same conditions, the acceptable range would anticipated under the conditions of remain the same with the 100,000-lb. load but use. would show a figure between 9,000 and 11,000 (iii) The device shall enable the oper- lbs. at the 10,000-lb. load; this is an accept- ator to decide before making any lift able reading. that the load indicating device or al- (vii) When a load-indicating device ternative device is operative. In the al- uses the radius as a factor in its use or ternative, if the device is not so in its operating indications, the indi- mounted or attached and does not in- cated radius (which may be in feet and/

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or meters, or degrees of boom angle, arate equipment conductor run with or depending on the system used) shall be enclosing the circuit conductors. within the range between 97 percent and 110 percent of the actual (true) ra- § 1918.69 Tools. dius. When radius is presented in de- (a) General. Employers shall not issue grees, and feet or meters are required or permit the use of visibly unsafe for necessary determinations, a conver- tools. sion chart shall be provided. (b) Portable electric tools. (1) Portable (viii) The load indicating device re- hand-held electric tools shall be quirements of this paragraph do not equipped with switches of a type that apply to a crane: must be manually held in a closed posi- (A) Of the trolley equipped bridge tion in order to operate the tool. type while handling containers known (2) All portable, power-driven cir- to be and identified as empty, or load- cular saws shall be equipped with ed, and in either case according to the guards above and below the base plate provisions of § 1918.85(b) of this part, or or shoe. The upper guard shall cover while hoisting other lifts by means of a the saw to the depth of the teeth, ex- lifting beam supplied by the crane cept for the minimum arc required to manufacturer for the purpose and in all permit the base to be tilted for bevel cases within the crane rating; cuts. The lower guard shall cover the (B) While handling bulk commodities saw to the depth of the teeth, except or cargoes by means of clamshell buck- for the minimum arc required to allow et or magnet; proper retraction and contact with the (C) While used to handle or hold work. When the tool is withdrawn from hoses in connection with transfer of the work, the lower guard shall auto- bulk liquids, or other hose-handled matically and instantly return to the products; or covering position. (D) While the crane is used exclusively to handle cargo or equipment [62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000] whose total actual gross weight is marked on the unit or units hoisted, §§ 1918.70–1918.80 [Reserved] and the total actual gross weight never exceeds 11,200 lbs., and the load is less Subpart H—Handling Cargo than the rated capacity of the crane at the maximum outreach possible at the § 1918.81 Slinging. time. (2) [Reserved] (a) Drafts shall be safely slung before being hoisted. Loose dunnage or debris [62 FR 40202, July 25, 1997, as amended at 65 hanging or protruding from loads shall FR 40945, June 30, 2000] be removed. (b) Cargo handling bridles, such as § 1918.67 Notifying the ship’s officers pallet bridles, which are to remain at- before using certain equipment. tached to the hoisting gear while hoist- (a) The employer shall notify the of- ing successive drafts, shall be attached ficer in charge of the vessel before by shackles, or other positive means bringing aboard ship internal combus- shall be taken to prevent them from tion or electric powered tools, equip- being accidentally disengaged from the ment or vehicles. cargo hook. (b) The employer shall also notify the (c) Drafts of lumber, pipe, dunnage officer in charge of the vessel before and other pieces, the top layer of which using the ship’s electric power for the is not bound by the sling, shall be operation of any electric tools or slung in a way that prevents sliders. equipment. Double slings shall be used on unstrapped dunnage, unless, due to the § 1918.68 Grounding. size of hatch or deep tank openings, The frames of portable electrical using them is impracticable. equipment and tools, other than double (d) Case hooks shall be used only insulated tools and battery operated with cases designed to be hoisted by tools, shall be grounded through a sep- these hooks.

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(e) Bales of cotton, wool, cork, wood Frequent checks shall be made to en- pulp, gunny bags or similar articles sure the safety of any employee work- shall not be hoisted by straps unless ing alone in a tank or cargo compart- the straps are strong enough to support ment. the weight of the bale. At least two hooks, each in a separate strap, shall § 1918.84 Bulling cargo. be used. (a) Bulling cargo shall be done with (f) Unitized loads bound by bands or the bull line led directly from the heel straps may be hoisted by the banding block. However, bulling may be done or strapping only if the banding or from the head of the boom when the strapping is suitable for hoisting and is nature of the cargo and the surface strong enough to support the weight of over which it is dragged are such that the load. the load cannot be stalled, or when the (g) Additional means to maintain the winch actually does not have sufficient unitized loads during hoisting shall be strength, with the purchase used, to employed to ensure safe lifting of such overload the boom. loads having damaged banding or (b) Snatch blocks shall be used to strapping. provide a fair lead for the bull line to (h) Loads requiring continuous man- avoid unnecessary dragging of the bull ual guidance during handling shall be line against coamings and obstruc- guided by guide ropes (tag lines) that tions. are long enough to control the load. (c) Snatch blocks shall not be used (i) No draft shall be hoisted unless with the point of the hook resting on the winch or crane operator(s) can the flange of a beam, but shall be hung clearly see the draft itself or see the from padeyes, straps, or beam clamps. signals of a signalman who is observing Snatch blocks or straps shall not be the draft’s movement. made fast to batten cleats or other in- (j) Intermodal containers shall be secure fittings. handled in accordance with § 1918.85. (d) Beam frame clamps shall be so se- (k) The employer shall require that cured as to prevent their slipping, fall- employees stay clear of the area being, or being pulled from their sta- neath overhead drafts or descending tionary attachment. lifting gear. (e) Falls led from cargo booms of ves- (l) The employer shall not permit sels shall not be used to move scows, employees to ride the hook or the load, lighters or railcars. except as provided for in § 1918.85(g). § 1918.85 Containerized cargo oper- § 1918.82 Building drafts. ations. (a) Drafts shall be built or means (a) Container markings. Every inter- shall be taken to prevent cargo from modal container shall be legibly and falling from them. permanently marked with: (b) Buckets and tubs used in handling (1) The weight of the container when bulk or frozen cargo shall not be loaded empty, in pounds; above their rims. (2) The maximum cargo weight the container is designed to carry, in § 1918.83 Stowed cargo; tiering and pounds; and breaking down. (3) The sum of the weight of the con- (a) When necessary to protect per- tainer and the maximum cargo weight, sonnel working in a hold, the employer in pounds. shall secure or block stowed cargo that (b) Container weight. No container is likely to shift or roll. shall be hoisted by any lifting appli- (b) In breaking down stowed cargo, ance unless the following conditions precautions shall be taken to prevent have been met: remaining cargo from falling. (1) The employer shall determine (c) Employees trimming bulk cargo from the carrier whether a container to shall be checked in and out by the job be hoisted is loaded or empty. Before boss. Before securing any reefer com- loading or discharging, empty con- partment, a check shall be made to en- tainers shall be identified in a manner sure that no employee remains inside. that will inform every supervisor and

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job boss on the site and in charge of ily discern that the container is car- loading or discharging, or every crane rying vehicles; and or other hoisting equipment operator (iii) The vehicles were loaded into and signalman, that such container is the container at the marine terminal. empty. Methods of identification may (7) The weight of loaded inbound con- include cargo plans, manifests, or tainers from foreign ports shall be de- markings on the container. termined by weighing, by the method (2) For a loaded container: of calculation described in paragraph (i) The actual gross weight shall be (b)(4)(ii) of this section or by shipping plainly marked and visible to the crane documents. or other hoisting equipment operator (8) Any scale used within the United or signalman, or to every supervisor or States to weigh containers for the re- job boss on site and in charge of the op- quirements of this section shall meet eration; or the accuracy standards of the state or (ii) The cargo stowage plan or equiva- local public authority in which the lent permanently recorded display scale is found. serving the same purpose, containing (c) Overloaded containers. No con- the actual gross weight and the serial tainer shall be hoisted if its actual number or other positive identification gross weight exceeds the weight of that specific container, shall be pro- marked as required in paragraph (a)(3) vided to the crane or other hoisting of this section, or it exceeds the capac- equipment operator and signalman, ity of the lifting appliance. and to every supervisor and job boss on (d) Container inspection. (1) Prior to site and in charge of the operation. hoisting, each container shall be in- (3) Every outbound container re- spected for any visible defects in struc- ceived at a marine terminal ready to tural members and fittings that would load aboard a vessel without further make the handling of such container consolidation or loading shall be unsafe. weighed to obtain the actual gross (2) Any container found to have such weight, either at the terminal or elsewhere, before being hoisted. a defect shall either be handled by a special means to ensure safe handling (4)(i) When container weighing scales or shall be emptied before handling. are found at a marine terminal, any outbound container with a load con- (e) Suspended containers. The em- solidated at that terminal shall be ployer shall prohibit employees from weighed to obtain the actual weight be- working beneath a suspended con- fore being hoisted. tainer. (ii) If the terminal has no scales, the (f) Lifting fittings. Containers shall be actual gross weight may be calculated handled using lifting fittings or other from the container’s contents and the arrangements suitable and intended for container’s empty weight. The weights the purpose as set forth in paragraphs used in the calculation shall be posted (f)(1) and (f)(2) of this section, unless conspicuously on the container, with damage to an intermodal container the name of the person making the cal- makes special means of handling nec- culation, and the date. essary. (5) Open top vehicle-carrying con- (1) Loaded intermodal containers. tainers, and those built specifically and Loaded intermodal containers of 20 feet used solely for the carriage of com- (6.1 m) or more shall be hoisted as fol- pressed gases, are excepted from para- lows: graphs (b)(3) and (b)(4) of this section. (i) When hoisting containers by the (6) Closed dry van containers car- top fittings, the lifting forces shall be rying vehicles are exempted from para- applied vertically from at least four graph (b)(4) of this section if: such fittings. A less than vertical lift is (i) The container carries only com- permitted only under the following pletely assembled vehicles and no conditions: other cargo; (A) The container being lifted is an (ii) The container is marked on the ISO ‘‘closed box container’’; outside so that an employee can read- (B) The condition of the box is sound;

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(C) The speed of hoisting and low- to container stacks more than two con- ering is moderated when heavily tainers high. ladened containers 5 are encountered; (j) Fall protection—(1) Containers being (D) The lift angle is at 80 to 90 de- handled by container gantry cranes. (i) grees; After July 26, 1999, where a container (E) The distance between the lifting gantry crane is being used to handle beam and the load is at least 8 feet, 2.4 containers, the employer shall ensure inches (2.5 m); and that no employee is on top of a con- (F) The length of the spreader beam tainer. Exception: An employee may be is at least 16.3 feet (5 m) for a 20-foot on top of a container only to perform a container, and at least 36.4 feet (11.1 m) necessary function that cannot be for a 40-foot container. eliminated by the use of positive con- (ii) When hoisting containers from tainer securing devices. 6 bottom fittings, the hoisting connec- (ii) After July 26, 1999, the employer tions shall bear on the fittings only, shall ensure that positive container se- making no other contact with the con- curing devices, such as semi-automatic tainer. The angles of the four bridle twist locks and above deck cell guides, legs shall not be less than 30 degrees to are used wherever container gantry the horizontal for 40-foot (12.19 m) con- cranes are used to hoist containers. tainers; 37 degrees for 30-foot (9.14 m) (iii) The employer shall ensure that containers; and 45 degrees for 20-foot each employee on top of a container is (6.1 m) containers. protected from fall hazards by a fall (iii) Lifting containers by fork lift protection system meeting the require- trucks or grappling arms from above or ments of paragraph (k) of this section. from one side may be done only if the (2) Containers being handled by other container is designed for this type of hoisting devices. Where containers are handling. being handled by hoisting devices other (iv) Other means of hoisting may be than container gantry cranes, the em- used only if the containers and hoist- ployer shall ensure that each employee ing means are designed for such use. on top of a container is protected by a (2) Intermodal container spreaders. (i) fall protection system meeting the re- When using intermodal container quirements of paragraph (k) of this sec- spreaders that employ lanyards for action. tivation and load disengagement, all (3) Other exposure to fall hazards. The possible precautions shall be taken to employer shall ensure that each em- prevent accidental release of the load. ployee exposed to a fall hazard is pro- (ii) Intermodal container spreaders tected by a fall protection system that utilize automatic twist lock sys- meeting the requirements of paragraph tems shall be designed and used so that (k) of this section. Exception: Where a suspended load cannot accidentally the employer can demonstrate that fall be released. protection for an employee would be (g) A safe Safe container top access. infeasible or create a greater hazard means of access shall be provided for due to vessel design, container design, each employee required to work on the container storage, other cargo stowage, top of an intermodal container. Unless container handling equipment, lifting ladders are used for access, such means gear, or port conditions, the employer shall comply with the requirements of shall alert the affected employee about § 1917.45(j) of this chapter. the fall hazard and instruct the em- (h) Em- Employee hoisting prohibition. ployee in ways to minimize exposure to ployees shall not be hoisted on inter- that hazard. modal container spreaders while a load is engaged. (i) Portable ladder access. When other 6 Examples of work that may not be elimi- safer means are available, portable lad- nated by positive container securing devices ders shall not be used in gaining access and that may require employees to work on top of containers include, but are not limited to: installing or removing bridge clamps; 5 A heavily laden container is one that is hooking up or detaching over-height con- loaded to within 20 percent of its rated ca- tainers; or freeing a jammed semi-automatic pacity. twist lock.

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(k) Fall protection systems. When fall (8) Fall protection system compo- protection systems required by para- nents, other than the anchorages, shall graph (j) of this section are employed, be certified as a unit of being capable the following shall apply: of sustaining at least twice the poten- (1) Each fall protection system com- tial impact load of an employee’s fall. ponent, except anchorages, shall have Such certification shall be made by a fall arrest/restraint as its only use. qualified person. 8 (2) Each fall protection system sub- (9) Each fall protection system shall jected to impact loading shall be im- incorporate the use of a full body har- mediately withdrawn from service and ness. not be used again until inspected and (10) Each device, such as a safety determined by a designated person to cage, used to transport an employee(s) be undamaged and suitable for use. by being attached to a container gan- (3) Each fall protection system shall be rigged so that a falling employee try crane spreader, shall have a sec- cannot contact any lower level stowage ondary means to prevent accidental or vessel structure. disengagement and the secondary (4) Each fall protection system adopt- means shall be engaged. ed for use shall have an energy absorb- (11) Each fall protection system shall ing mechanism that will produce an ar- be inspected before each day’s use by a resting force on an employee of not designated person. Any defective com- greater than 1800 pounds (8 kN). ponents shall be removed from service. (5) Each component of a fall protec- (12) Before using any fall protection tion system shall be designed and used system, the employee shall be trained to prevent accidental disengagement. in the use and application limits of the (6) Each fall protection system’s equipment, proper hookup, anchoring fixed anchorages shall be capable of and tie-off techniques, methods of use, sustaining a force of 5,000 pounds (22.2 and proper methods of equipment in- kN) or be certified as capable of sus- spection and storage. taining at least twice the potential im- (13) The employer shall establish and pact load of an employee’s fall. Such implement a procedure to retrieve per- certification must be made by a quali- sonnel safely in case of a fall. fied person. 7 When more than one em- (l) Working along unguarded edges. ployee is attached to an anchorage, The employer shall provide, and ensure these limits shall be multiplied by the that the employee use, fall protection number of employees attached. meeting the requirements of paragraph (7) When ‘‘live’’ (activated) container gantry crane lifting beams or attached (k) of this section whenever the em- devices are used as anchorage points, ployee works along an unguarded edge the following requirements apply: where a fall hazard exists (see § 1918.2). (i) The crane shall be placed into a (m) Vertical tandem lifts. Operations ‘‘slow’’ speed mode; involving the lifting of two or more (ii) The crane shall be equipped with intermodal containers by the top con- a remote shut-off switch that can stop tainer shall be performed following trolley, gantry, and hoist functions and § 1917.71(i) and (k)(1) of this chapter. that is in the control of the em- [62 FR 40202, July 25, 1997, as amended at 65 ployee(s) attached to the beam; and FR 40946, June 30, 2000; 73 FR 75290, Dec. 10, (iii) A visible or audible indicator 2008] shall be present to alert the exposed employee(s) when the remote shut-off is operational.

8 7 For the purposes of this paragraph, quali- For the purposes of this paragraph, qualified person means one with a recognized de- fied person means one with a recognized degree or professional certificate and extensive gree or professional certificate and extensive knowledge and experience in the subject knowledge and experience in the subject field who is capable of design, analysis, eval- field who is capable of design, analysis, evaluation and specifications in the subject uation and specifications in the subject work, project, or product. work, project, or product.

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§ 1918.86 Roll-on roll-off (Ro-Ro) oper- (j) Safe speeds. Power driven vehicles ations (see also § 1918.2, Ro-Ro oper- used in Ro-Ro operations shall be operations, and § 1918.25). ated at speeds that are safe for pre- (a) Traffic control system. An orga- vailing conditions. nized system of vehicular and pedes- (k) Ventilation. Internal combustion trian traffic control shall be estab- engine-driven vehicles shall be oper- lished and maintained at each en- ated only where adequate ventilation trance/exit ramp and on ramps within exists or is provided. (Air contaminant the vessel as traffic flow warrants. requirements are found in § 1918.94 and (b) Ramp load limit. Each ramp shall part 1910, subpart Z, of this chapter.) (l) Cargo loaded or dis- be plainly marked with its load capac- Securing cargo. charged during Ro-Ro operations shall ity. The marked capacity shall not be be secured to prevent sliding loads. exceeded. (m) Authorized personnel. Only au- (c) Pedestrian traffic. Bow, stern, and thorized persons shall be permitted on side port ramps also used for pedes- any deck while loading or discharging trian access shall meet the require- operations are being conducted. Such ments of § 1918.25. Such ramps shall authorized persons shall be equipped provide a physical separation between with high visibility vests (or equiva- pedestrian and vehicular routes. When lent protection 10). the design of the ramp prevents physical separation, a positive means shall NOTE TO PARAGRAPH (m): High visibility be established to prevent simultaneous vests or equivalent protection means high use of the ramp by vehicles and pedes- visibility/retro-reflective materials which are intended to make the user clearly visible trians. by day through the use of high visibility (flu- (d) Ramp maintenance. Ramps shall be orescent) material and in the dark by vehicle properly maintained and secured. headlights through the use of retro-reflective (e) Hazardous routes. Before the start material. For example, an acceptable area of of Ro-Ro operations, the employer material for a vest or equivalent protection shall identify any hazardous routes or is .5 m2 (760 in.2) for fluorescent (background) material and .13m2 (197 in.2) for retro-reflec- areas that could be mistaken for nor- tive material. Vests or equivalent protec- mal drive-on/drive-off routes. Such haz- tion, such as high visibility/retro-reflective ardous routes shall be clearly marked coveralls, that are available for industrial and barricaded. use, may also be acceptable. (f) Air brake connections. Each tractor (n) Vehicle stowage positioning. Driv- shall have all air lines connected when ers shall not drive vehicles, either for- pulling trailers equipped with air ward or backward, while any personnel brakes and shall have the brakes tested are in positions where they could be before commencing operations. struck. (g) Trailer load limits. After July 27, 1998, flat bed and low boy trailers shall [62 FR 40202, July 25, 1997, as amended at 65 be marked with their cargo capacities FR 40946, June 30, 2000] and shall not be overloaded. § 1918.87 Ship’s cargo elevators. (h) Cargo weights. Cargo to be handled via a Ro-Ro ramp shall be plainly (a) Safe working load. The safe work- marked with its weight in pounds ing loads of ship’s cargo elevators shall (kilograms). Alternatively, the cargo be determined and followed. stow plan or equivalent record con- (b) Load distribution. Loads shall be taining the actual gross weight of the evenly distributed and maintained on load may be used to determine the the elevator’s platform. (c) Per- weight of the cargo. Elevator personnel restrictions. sonnel shall not be permitted to ride on (i) Tractors. Tractors used in Ro-Ro the elevator’s platform if a fall hazard operations shall have: exists. (See § 1918.2.) (1) Sufficient power to ascend ramp (d) Open deck barricades. During ele- inclines safely; and vator operation, each open deck that (2) Sufficient braking capacity to descend ramp inclines safely. 10 Decals on hard hats will not be considered equivalent protection for the purposes 9 [Reserved] of this paragraph.

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presents a fall hazard to employees (1) They shall be planked and be no shall be effectively barricaded. less than 24 inches (.61 m) wide; (2) They shall extend along the entire § 1918.88 Log operations. length of all rafts on the side(s) of the (a) Working in holds. When loading vessel being worked, and to the means logs into the holds of vessels and using of access to the log raft(s); and dumper devices to roll logs into the (3) They shall be buoyant enough to wings, the employer shall ensure that keep the walking surface above the wa- employees remain clear of areas where terline when employees are walking on logs being dumped could strike, roll them. upon, or pin them. (b) Personal flotation devices. Each em- § 1918.89 Handling hazardous cargo ployee working on a log boom shall be (See also § 1918.2 and § 1918.99). protected by a personal flotation de- Hazardous cargo shall be slung and vice meeting the requirements of secured so that neither the draft nor § 1918.105(b)(2). individual packages can fall because of (c) Footwear. The employer shall pro- tipping of the draft or slacking of the vide each employee that is working supporting gear. logs with appropriate footwear, such as spiked shoes or caulked sandals, and shall ensure that each employee wears Subpart I—General Working appropriate footwear to climb or walk Conditions. on logs. § 1918.90 Hazard communication. (d) Lifelines. When employees are working on log booms or cribs, lifelines See § 1918.1(b)(4). shall be furnished and hung overside to the water’s edge. § 1918.91 Housekeeping. (e) Jacob’s ladder. When a log boom is (a) General. Active work areas shall being worked, a Jacob’s ladder meeting be kept free of equipment, such as lash- the requirements of § 1918.23 shall be ing gear, and materials not in use, and provided for each gang working along- clear of debris, projecting nails, strap- side unless other safe means of access ping and other objects not necessary to (such as the vessel’s gangway) is pro- the work in progress. vided. However, no more than two Ja- (b) Slippery surfaces. The employer cob’s ladders are required for any sin- shall eliminate conditions causing slip- gle log boom being worked. pery walking and working surfaces in (f) Life-ring. When working a log immediate areas used by employees. boom alongside a ship, a U.S. Coast (c) Free movement of drafts. Dunnage Guard approved 30-inch (76.2 cm) life- shall not be placed at any location ring, with no less than 90 feet (27.4 m) where it interferes with the free move- of line, shall be provided either on the ment of drafts. floating unit itself or aboard the ship (d) Dunnage height. Dunnage racked close to each floating unit being against sweat battens or bulkheads worked. shall not be used when the levels of (g) Rescue boat. When employees are such racks are above the safe reach of working on rafts or booms, a rescue employees. boat capable of effecting an immediate (e) Coaming clearance. Dunnage, hatch rescue shall be available. Powered res- beams, tarpaulins or gear not in use cue boats are required when the cur- shall be stowed no closer than three rent exceeds one knot. feet (.91 m) to the port and starboard (h) Log rafts. When an employee is sides of the weather deck hatch coa- working logs out of the water, walking ming. sticks 11 (safety sticks) shall be provided as follows: (f) Nails. (1) Nails that are protruding from shoring or fencing in the work area shall be rendered harmless. 11 A ‘‘walking stick’’ is two logs bolted or otherwise secured together with two or three planks firmly attached on top that serves as that is used in the loading of logs onto ves- a floating walking and working surface and sels from the water.

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(2) Dunnage, lumber, or shoring ma- (e) Entry into darkened areas. Employ- terial in which there are visibly pro- ees shall not be permitted to enter truding nails shall be removed from the dark holds, compartments, decks or work area, or, if left in the area, the other spaces without a flashlight or nails shall be rendered harmless. other portable light. The use of (g) Ice aloft. Employees shall be pro- matches or open flames is prohibited. tected from ice that may fall from aloft. § 1918.93 Hazardous atmospheres and substances (See also § 1918.2). § 1918.92 Illumination. (a) Purpose and scope. This section (a) Walking, working, and climbing covers areas in which the employer areas. Walking, working, and climbing knows, or has reason to believe, that a areas shall be illuminated. Unless con- hazardous atmosphere or substance ditions described in the regulations of may exist, except where one or more of the U.S. Coast Guard (33 CFR 154.570) the following sections apply: exist for specific operations, illumina- § 1918.94(a), Carbon monoxide; tion for cargo transfer operations shall § 1918.94(b), Fumigated grains; be of a minimum light intensity of five § 1918.94(c), Fumigated tobacco; foot-candles (54 lux). Where work tasks § 1918.94(d), Other fumigated cargoes; require more light to be performed § 1918.94(e), Catch of menhaden and safely, supplemental lighting shall be similar species of fish. used. (b) Determination of the hazard. When (b) Intensity measurement. The light- the employer knows, or has reason to ing intensity shall be measured at the believe, that a space on a vessel con- task/working surface, in the plane in tains or has contained a hazardous at- which the task/working surface is mosphere, a designated and appro- present. priately equipped person shall test the (c) Arrangement of lights. Lights shall atmosphere prior to employee entry to be arranged so that they do not shine detect whether a hazardous atmosphere into the eyes of winch-drivers, crane exists. operators or hatch tenders. On Ro-Ro ships, stationary lights shall not shine (c) Testing during ventilation. When directly into the eyes of drivers. mechanical ventilation is used to (d) Portable lights. Portable lights maintain a safe atmosphere, tests shall shall meet the following requirements: be made by a designated person to en- (1) Portable lights shall be equipped sure that the atmosphere is not haz- with substantial reflectors and guards ardous. to prevent materials from coming into (d) Entry into hazardous atmospheres. contact with the bulb. Only designated persons shall enter (2) Flexible electric cords used with hazardous atmospheres, in which case temporary lights shall be designed by the following provisions shall apply: the manufacturer for hard or extra- (1) Persons entering a space con- hard usage. Temporary and portable taining a hazardous atmosphere shall lights shall not be suspended by their be protected by respiratory and emer- electric cords unless the cords and gency protective equipment meeting lights are designed for this means of the requirements of subpart J of this suspension. Connections and insulation part; shall be maintained in safe condition. (2) Persons entering a space con- (3) Electric conductors and fixtures taining a hazardous atmosphere shall for portable lights shall be so arranged be instructed about the hazards, pre- as to be free from contact with drafts, cautions to be taken, and the use of running gear, and other moving equip- protective and emergency equipment. ment. Standby observers, similarly equipped (4) Portable cargo lights furnished by and instructed, shall continuously the employer for use aboard vessels monitor the activity of employees shall be listed as approved for marine within such space; use by the U.S. Coast Guard or by a na- (3) Except in emergency or rescue op- tionally recognized testing laboratory erations, employees shall not enter any (see § 1910.7). atmosphere identified as flammable or

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oxygen-deficient (less than 19.5% oxy- 200 ppm (0.02%) instead of 100 ppm gen). Persons who may be required to (0.01%) for Ro-Ro operations. enter flammable or oxygen-deficient NOTE TO PARAGRAPH (a)(1)(i): The term atmospheres in emergency operations eight hour average area level means that for shall be instructed in the dangers at- any period in which the concentration ex- tendant to those atmospheres and be ceeds 50 parts per million, the concentration instructed in the use of self-contained shall be maintained for a corresponding pe- breathing apparatus which shall be riod below 50 parts per million. used for entry. (ii) When both natural ventilation (4) To prevent inadvertent employee and the vessel’s ventilation system are entry into spaces identified as having inadequate to keep the CO concentra- hazardous, flammable or oxygen-defi- tion within the allowable limits, the cient atmospheres, appropriate warn- employer shall use supplementary ing signs or equivalent means shall be means to bring such concentration posted at all means of access to those within allowable limits, as determined spaces. by monitoring. (e) Asbestos cargo leak. When the (2) The intakes of portable blowers packaging of asbestos cargo leaks, and any exposed belt drives shall be spillage shall be cleaned up by des- guarded to prevent injury to employ- ignated employees protected from the ees. harmful effects of asbestos as required (3) The frames of portable blowers by § 1910.1001 of this chapter. shall be grounded at the source of the current by means of an equipment § 1918.94 Ventilation and atmospheric grounding conductor run with or en- conditions (See also § 1918.2, defini- closing the circuit conductors. When tions of Hazardous cargo, materials, the vessel is the source of the current, substance or atmosphere and Ro-Ro the equipment grounding conductor operations). shall be bonded to the structure of the (a) Ventilation with respect to carbon vessel. Electric cords shall be free from monoxide. (1) When internal combustion visible defects. engines exhaust into a hold, inter- (b) Fumigated grains. (1) Before com- mediate deck, or any other compart- mencing to handle bulk grain in any ment, the employer shall ensure that compartment of a vessel in which em- the atmosphere is tested as frequently ployees will or may be present, the employer shall: as needed to prevent carbon monoxide (i) Determine whether the grain has (CO) concentrations from exceeding al- been or will be fumigated at the eleva- lowable limits. Such tests shall be tor; and made in the area in which employees (ii) Determine whether that compart- are working by persons competent in ment, or any cargo within it loaded at the use of the test equipment and pro- a prior berth, has been treated with a cedures. If operations are in a deep fumigant or any other chemical. tank or refrigerated compartment, the (2) If fumigant or chemical treatment first test shall be made within one half has been carried out, or if there is rea- hour of the time the engine starts. To son to suspect that such treatment has decide the need for further testing, the been carried out, it shall be determined initial test in all other cargo handling by atmospheric testing that the com- areas shall be taken no later than one partment’s atmosphere is within allow- hour after the time the engine starts. able limits. (See paragraph (b)(3) of (i) The CO content of the atmosphere this section.) in a compartment, hold, or any en- (3) A test of the fumigant concentra- closed space shall be maintained at not tion in the atmosphere of the compart- more than 50 parts per million (ppm) ment shall be made after loading be- (0.005%) as an eight hour average area gins and before employees enter the level and employees shall be removed compartment. Additional tests shall be from the enclosed space if the CO con- made as often as necessary to ensure centration exceeds a ceiling of 100 ppm (0.01%). Exception: The ceiling shall be 12 [Reserved]

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that hazardous concentrations do not cessible wherever fumigated grains are develop. being handled. (i) Tests for fumigant concentration (4) If a compartment is treated for shall be conducted by a designated per- local infestation before loading grain son, who shall be thoroughly familiar by a chemical other than a fumigant, with the characteristics of the fumi- the employee applying the treatment, gant being used, the correct procedure and any other employees entering the for measurement, the proper measuring compartment, shall be provided with equipment to be used, the fumigant and required to use any personal pro- manufacturers’ recommendations and tective equipment recommended by the warnings, and the proper use of per- manufacturer of the product to protect sonal protective equipment to guard them against the effects of exposure. against the specific hazard. (c) Fumigated tobacco. The employer (ii) If the concentration in any com- shall not load break-bulk tobacco until partment reaches the level specified as the carrier has provided written notifi- hazardous by the fumigant manufac- cation about whether or not the cargo turer, or exceeds the permissible expo- has been fumigated. If break-bulk to- sure limits of part 1910, subpart Z of bacco cargo has been treated with any this chapter, whichever is lower, all toxic fumigant, loading shall not com- employees shall be removed from such mence until a written warranty has compartments and shall not be per- been received from the fumigation fa- mitted to reenter until tests prove that cility that the aeration of the cargo the atmosphere is within allowable has been such as to reduce the con- limits. centration of the fumigant to within the level specified as hazardous by the (iii) No employee shall be permitted fumigant manufacturer, or does not ex- to enter any compartment in which ceed the permissible exposure limits of grain fumigation has been carried out, part 1910, subpart Z of this chapter, or any compartment immediately next whichever is lower. Such notification to such a compartment, until it has and warranty shall be maintained for been determined by testing that the at- at least 30 days after the loading of the mosphere in the compartment to be en- tobacco has been completed, and shall tered is within allowable limits for be available for inspection. entry. (d) Other fumigated cargoes. Before (iv) In the event a compartment con- commencing to load or discharge fumi- taining a hazardous or unknown con- gated cargo other than the cargo spe- centration of fumigants must be en- cifically addressed in paragraphs (b) tered for testing of the atmosphere, or and (c) of this section, the employer for emergency purposes, each employee shall determine that the concentration entering shall be protected by res- of fumigants is within the level speci- piratory protective equipment fol- fied as hazardous by the fumigant man- lowing the provisions of § 1918.102, and ufacturer, or does not exceed the per- by any protective clothing and other missible exposure limits of part 1910, personal protective equipment rec- subpart Z of this chapter, whichever is ommended by the fumigant manufac- lower. turer for protection against the par- (e) Grain dust. When employees are ticular hazard. At least two other em- exposed to concentrations of grain dust ployees shall be stationed outside the greater than the allowable limit found compartment as observers, to provide in subpart Z of part 1910 of this chap- rescue services in case of emergency. ter, they shall be protected by suitable The observers shall be equipped with respiratory protective equipment as re- similar personal protective equipment. quired by § 1918.102. (v) One or more employees on duty (f) Catch of menhaden and similar spe- shall be equipped and trained to pro- cies of fish. (1) The provisions of this vide any specific emergency medical paragraph shall not apply to vessels treatment stipulated for the particular having and utilizing refrigerated holds fumigant. for the carriage of all cargo. (vi) Emergency equipment required (2) After a vessel has arrived at berth by this paragraph shall be readily ac- for discharge of menhaden, but before

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personnel enter the hold, and as fre- (c) Prohibited eating areas. Consump- quently thereafter as tests show to be tion of food or beverages in areas where necessary, tests shall be made of the hazardous materials are stowed or atmosphere in the vessel’s hold to en- being handled is prohibited. sure a safe work space. The tests shall (d) Garbage and overboard discharges. be done for the presence of hydrogen Work shall not be conducted close to sulfide and for oxygen deficiency. uncovered garbage or in the way of (3) Tests required by paragraph (f)(2) overboard discharges from the vessel’s of this section shall be made by des- sanitary lines unless employees are ignated supervisory personnel, trained protected from the garbage or dis- and competent in the nature of hazards charge by a baffle or splash boards. and the use of test equipment and procedures. [62 FR 40202, July 25, 1997, as amended at 76 (4) Before employees enter a hold it FR 33610, June 8, 2011] shall be tested for hydrogen sulfide and § 1918.96 Maintenance and repair oxygen deficiency. Employees shall not work in the vicinity of longshoring enter the hold when the hydrogen sul- operations. fide level exceeds 20 ppm ceiling or when the oxygen content is less than (a) Noise interference (See also 19.5 percent, except in emergencies. § 1918.1(b)(6).) Longshoring operations shall not be carried on when noise [62 FR 40202, July 25, 1997, as amended at 65 interferes with communications of FR 40946, June 30, 2000] warnings or instructions. § 1918.95 Sanitation. (b) Falling objects. Longshoring operations shall not be carried on in the (a) Washing and toilet facilities. (1) Ac- hold or on deck beneath work being cessible washing and toilet facilities conducted overhead whenever such sufficient for the sanitary require- work exposes the employee to a hazard ments of employees shall be readily ac- of falling objects. cessible at the worksite. The facilities (c) Hot work. Longshoring operations shall have: shall not be carried on where the em- (i) Running water, including hot and ployee is exposed to damaging light cold or tepid water, at a minimum of rays, hot metal, or sparks from welding one accessible location (when or cutting. longshoring operations are conducted (d) Abrasive blasting and spray paint- at locations without permanent facili- ing. Longshoring operations shall not ties, potable water may be provided in- be carried on in the immediate vicinity stead of running water); of abrasive blasting or spray painting (ii) Soap; (iii) Individual hand towels, clean in- operations. dividual sections of continuous tow- (e) Machine guarding. (See also eling, or air blowers; and § 1918.2, definition of ‘‘Danger zone’’.) (iv) Fixed or portable toilets in sepa- (1) Danger zones on machines and rate compartments with latch- equipment used by employees shall be equipped doors. Separate toilet facili- guarded. ties shall be provided for male and fe- (2) The power supply to machines male employees unless toilet rooms shall be turned off, locked out, and will be occupied by only one person at tagged out during repair, adjustment, a time. or servicing. (2) Washing and toilet facilities shall be regularly cleaned and maintained in § 1918.97 First aid and lifesaving facilities. (See appendix V of this part). good order. (b) Drinking water. (1) Potable drink- (a) Injury reporting. The employer ing water shall be accessible to em- shall require each employee to report ployees at all times. every work-related injury, regardless (2) Potable drinking water containers of severity, to the employer. shall be clean, containing only water (b) First aid. A first aid kit shall be and ice, and shall be fitted with covers. available at or near each vessel being (3) Common drinking cups are prohib- worked. At least one person holding a ited. valid first aid certificate, such as is

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issued by the Red Cross or other equiv- will reach from the top of the apron to alent organization, shall be available the surface of the water. to render first aid when work is in (2) In addition, when working a progress. barge, scow, raft, lighter, log boom, or (c) First aid kits. First aid kits shall carfloat alongside a ship, a U.S. Coast be weatherproof and shall contain indi- Guard approved 30-inch (76.2 cm) life- vidual sealed packages for each item ring, with no less than 90 feet (27.43 m) that must be kept sterile. The contents of line shall be provided either on the of each kit shall be determined by a floating unit itself or aboard the ship person certified in first aid and cog- in the immediate vicinity of each float- nizant of the hazards found in marine ing unit being worked. cargo handling operations. The con- (f) Communication. Telephone or tents shall be checked at intervals that equivalent means of communication allow prompt replacement of expended shall be readily available at the work- items. site. (d) Stretchers. (1) For each vessel being worked, at least one Stokes bas- [62 FR 40202, July 25, 1997, as amended at 65 ket stretcher, or its equivalent, shall FR 40946, June 30, 2000; ] be available to be permanently § 1918.98 Qualifications of machinery equipped with bridles for attachment operators and supervisory training. to the hoisting gear. (2) Stretchers shall be kept close to (a) Qualification of machinery opera- vessels and shall be positioned to avoid tors. (1) Only an employee determined damage to the stretcher. by the employer to be competent by (3) A blanket or other suitable cov- reason of training or experience, and ering shall be available. who understands the signs, notices and operating instructions and is familiar (4) Stretchers shall have at least four sets of effective patient restraints in with the signal code in use, shall be operable condition. permitted to operate a crane, winch, or other power-operated cargo handling (5) Lifting bridles shall be of ade- apparatus, or any power-operated vehi- quate strength, capable of lifting 1,000 pounds (454 kg) with a safety factor of cle, or give signals to the operator of five (lifting capability of 5,000 pounds), any hoisting apparatus. However, an and shall be maintained in operable employee being trained and supervised condition. Lifting bridles shall be pro- by a designated person may operate vided for making vertical patient lifts such machinery and give signals to op- at container berths. Stretchers for erators during training. vertical lifts shall have foot plates. (2) No employee known to have defec- (6) Stretchers shall be maintained in tive uncorrected eyesight or hearing, operable condition. Struts and braces or to be suffering from heart disease, shall be inspected for damage. Wire epilepsy, or similar ailments that may mesh shall be secured and have no suddenly incapacitate the employee, burrs. Damaged stretchers shall not be shall be permitted to operate a crane, used until repaired. winch or other power-operated cargo (7) Stretchers in permanent locations handling apparatus or a power-oper- shall be mounted to prevent damage ated vehicle. and be protected from the elements if NOTE TO PARAGRAPH (a)(2): OSHA is defin- located out-of-doors. If concealed from ing suddenly incapacitating medical ail- view, enclosures shall be marked to in- ments consistent with the Americans with dicate the location of the lifesaving Disabilities Act (ADA), 42 U.S.C. 12101 (1990). equipment. Therefore, employers who act in accordance (e) Life-rings. (1) The employer shall with the employment provisions (Title I) of ensure that there is in the vicinity of the ADA (42 U.S.C. 12111–12117), the regulations implementing Title I (29 CFR Part each vessel being worked at least one 1630), and the Technical Assistance Manual U.S. Coast Guard approved 30-inch (76.2 for Title I issued by the Equal Employment cm) life-ring with no less than 90 feet Opportunity Commission (Publication num- (27.43 m) of line attached, and at least ber: EEOC-M1A), will be considered as being one portable or permanent ladder that in compliance with this paragraph.

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(b) Supervisory accident prevention pro- ance with OSHA’s Hazard Communica- ficiency. (1) By July 16, 1999, each im- tion Standard (29 CFR 1910.1200). mediate supervisor of a cargo handling (e) For the purposes of this section, operation of more than five persons the term ‘‘hazardous material’’ has the shall satisfactorily complete a course same definition as in the Hazardous in accident prevention. Materials Regulations (49 CFR parts (2) Each employee newly assigned to 171 through 180). supervisory duties after that date shall be required to meet the provisions of § 1918.100 Emergency action plans. this paragraph within 90 days of such (a) Scope and application. This section assignment. requires all employers to develop and (3) The accident prevention course implement an emergency action plan. 14 shall consist of instruction suited to The emergency action plan shall be in the particular operations involved. 13 writing (except as provided in the last [62 FR 40202, July 25, 1997, as amended at 65 sentence of paragraph (e)(3) of this sec- FR 40946, June 30, 2000] tion) and shall cover those designated actions employers and employees must § 1918.99 Retention of DOT markings, take to ensure employee safety from placards and labels. fire and other emergencies. (a) Any employer who receives a (b) Elements. The following elements, package of hazardous material that is at a minimum, shall be included in the required to be marked, labeled or plac- plan: arded in accordance with the U.S. De- (1) Emergency escape procedures and partment of Transportation’s Haz- emergency escape route assignments; ardous Materials Regulations (49 CFR (2) Procedures to be followed by em- parts 171 through 180) shall retain those ployees who remain to operate critical markings, labels and placards on the operations before they evacuate; package until the packaging is suffi- (3) Procedures to account for all em- ciently cleaned of residues and purged ployees after emergency evacuation of vapors to remove any potential haz- has been completed; ards. (4) Rescue and medical duties for (b) Any employer who receives a those employees who are to perform freight container, rail freight car, them; motor vehicle, or transport vehicle (5) The preferred means of reporting that is required to be marked or plac- fires and other emergencies; and arded in accordance with the Haz- (6) Names or regular job titles of per- ardous Materials Regulations shall re- sons or departments that can be contain those markings and placards on tacted for further information or expla- the freight container, rail freight car, nation of duties under the plan. motor vehicle or transport vehicle (c) Alarm system. The employer shall until the hazardous materials that re- establish an employee alarm system quire the marking or placarding are that provides warning for necessary sufficiently removed to prevent any po- emergency action or for reaction time tential hazards. for safe escape of employees from the (c) Markings, placards and labels workplace or the immediate work area, shall be maintained in a manner that or both. ensures that they are readily visible. (d) Evacuation. The employer shall (d) For non-bulk packages that will establish the types of evacuation to be not be reshipped, the provisions of the used in emergency circumstances. section are met if a label or other ac- (e) Training. (1) Before implementing ceptable marking is affixed in accord- the emergency action plan, the employer shall designate and train a suffi- 13 The following are recommended topics: cient number of persons to assist in the Safety responsibility and authority; elements of accidents prevention; attitudes, leadership and motivation; hazards of 14 When an employer directs his employees longshoring, including peculiar local cir- to respond to an emergency that is beyond cumstances; hazard identification and elimi- the scope of the Emergency Action Plan, a nation; applicable regulations; and accident plan developed in accordance with investigations. § 1910.120(q) of this chapter shall apply.

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safe and orderly emergency evacuation (2) For an employee wearing correc- of employees. tive glasses, eye protection equipment (2) The employer shall review the required by paragraph (a)(1) of this sec- plan with each employee covered by tion shall be of the type that can be the plan at the following times: worn over glasses. Prescription-ground (i) Initially when the plan is devel- safety lenses may be substituted if oped; they provide equivalent protection. (ii) Whenever the employee’s respon- (b) Eye protection shall be main- sibilities or designated actions under tained in good condition. the plan change; and (c) Used eye protection shall be (iii) Whenever the plan is changed. cleaned and disinfected before issuance (3) The employer shall review with to another employee. each employee upon initial assignment those parts of the plan that the em- [62 FR 40202, July 25, 1997, as amended at 74 ployee must know to protect the em- FR 46361, Sept. 9, 2009; 81 FR 16092, Mar. 25, ployee in the event of an emergency. 2016] The written plan shall be kept at the workplace and made available for em- § 1918.102 Respiratory protection. ployee review. Employers with 10 or (See § 1918.1(b)(8)). fewer employees may communicate the plan orally to employees and need not [65 FR 40946, June 30, 2000] maintain a written plan. § 1918.103 Head protection. [62 FR 40202, July 25, 1997, as amended at 65 FR 40946, June 30, 2000] (a) The employer shall ensure that each affected employee wears a protec- Subpart J—Personal Protective tive helmet when working in areas where there is a potential for injury to Equipment the head from falling objects. § 1918.101 Eye and face protection. (b)(1) The employer must ensure that head protection complies with any of (a) The employer shall ensure that: the following consensus standards: (1)(i) Employers must ensure that each employee uses appropriate eye (i) American National Standards In- and/or face protection when the em- stitute (ANSI) Z89.1–2009, ‘‘American ployee is exposed to an eye or face haz- National Standard for Industrial Head ards, and that protective eye and face Protection,’’ incorporated by reference devices comply with any of the fol- in § 1918.3; lowing consensus standards: (ii) American National Standards In- (A) ANSI/ISEA Z87.1–2010, Occupa- stitute (ANSI) Z89.1–2003, ‘‘American tional and Educational Personal Eye National Standard for Industrial Head and Face Protection Devices, incor- Protection,’’ incorporated by reference porated by reference in § 1918.3; in § 1918.3; or (B) ANSI Z87.1–2003, Occupational (iii) American National Standards In- and Educational Personal Eye and stitute (ANSI) Z89.1–1997, ‘‘American Face Protection Devices, incorporated National Standard for Personnel Pro- by reference in § 1918.3; or tection—Protective Headwear for In- (C) ANSI Z87.1–1989 (R–1998), Practice dustrial Workers—Requirements,’’ infor Occupational and Educational Eye corporated by reference in § 1918.3. and Face Protection, incorporated by (2) Head protection devices that the reference in § 1918.3 employer demonstrates are at least as (ii) Protective eye and face protec- effective as head protection devices tion devices that the employer dem- that are constructed in accordance onstrates are at least as effective as with one of the above consensus stand- protective eye and face protection devices that are constructed in accord- ards will be deemed to be in compliance with one of the above consensus ance with the requirements of this sec- standards will be deemed to be in com- tion. pliance with the requirements of this (c) Previously worn protective hats section. shall be cleaned and disinfected before

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issuance by the employer to another CFR part 160 (Type I, II, III, or V PFD) employee. and marked for use as a work vest, for commercial use, or for use on vessels. [62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009; 77 FR 37600, June 22, (3) Personal flotation devices shall be 2012] maintained in safe condition and shall be considered unserviceable when dam- § 1918.104 Foot protection. aged in a manner that affects buoyancy (a) The employer shall ensure that or fastening capability. each affected employee wears protec- [62 FR 40202, July 25, 1997, as amended at 65 tive footwear when working in areas FR 40946, June 30, 2000] where there is a danger of foot injuries due to falling or rolling objects or ob- § 1918.106 Payment for protective jects piercing the sole. equipment. (b)(1) The employer must ensure that (a) Except as provided by paragraphs protective footwear complies with any (b) through (f) of this section, the proof the following consensus standards: tective equipment, including personal (i) ASTM F–2412–2005, ‘‘Standard Test protective equipment (PPE), used to Methods for Foot Protection,’’ and comply with this part, shall be pro- ASTM F–2413–2005, ‘‘Standard Speci- vided by the employer at no cost to fication for Performance Requirements employees. for Protective Footwear,’’ which are incorporated by reference in § 1918.3; (b) The employer is not required to (ii) ANSI Z41–1999, ‘‘American Na- pay for non-specialty safety-toe protec- tional Standard for Personal Protec- tive footwear (including steel-toe shoes tion—Protective Footwear,’’ which is or steel-toe boots) and non-specialty incorporated by reference in § 1918.3; or prescription safety eyewear, provided (iii) ANSI Z41–1991, ‘‘American Na- that the employer permits such items tional Standard for Personal Protec- to be worn off the job-site. tion—Protective Footwear,’’ which is (c) When the employer provides incorporated by reference in § 1918.3. metatarsal guards and allows the em- (2) Protective footwear that the employee, at his or her request, to use ployer demonstrates is at least as ef- shoes or boots with built-in metatarsal fective as protective footwear that is protection, the employer is not re- constructed in accordance with one of quired to reimburse the employee for the above consensus standards will be the shoes or boots. deemed to be in compliance with the (d) The employer is not required to requirements of this section. pay for: (1) Everyday clothing, such as long- [62 FR 40202, July 25, 1997, as amended at 74 FR 46361, Sept. 9, 2009] sleeve shirts, long pants, street shoes, and normal work boots; or § 1918.105 Other protective measures. (2) Ordinary clothing, skin creams, or (a) Protective clothing. (1) The em- other items, used solely for protection ployer shall provide and shall require from weather, such as winter coats, the wearing of special protective cloth- jackets, gloves, parkas, rubber boots, ing for each employee engaged in work hats, raincoats, ordinary sunglasses, where protective clothing is necessary. and sunscreen. (2) When necessary, protective cloth- (e) The employer must pay for re- ing shall be cleaned and disinfected be- placement PPE, except when the em- fore reissuance. ployee has lost or intentionally dam- (b) Personal flotation devices (PFDs). aged the PPE. (1) The employer shall provide and (f) Where an employee provides ade- shall require the wearing of PFDs for quate protective equipment he or she each employee engaged in work in owns, the employer may allow the em- which the employee might fall into the ployee to use it and is not required to water. reimburse the employee for that equip- (2) PFDs (life preservers, life jackets, ment. The employer shall not require or work vests) worn by each affected an employee to provide or pay for his employee must be United States Coast or her own PPE, unless the PPE is ex- Guard (USCG) approved pursuant to 46 cepted by paragraphs (b) through (e).

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(g) This section shall become effec- any person authorized by the competent au- tive on February 13, 2008. Employers thority. The Register and certificates for must implement the PPE payment re- gear currently aboard the ship shall be pre- quirements no later than May 15, 2008. served for at least five years after the date of the last entry. NOTE TO § 1918.106: When the provisions of another OSHA standard specify whether or INSTRUCTION not the employer must pay for specific 1. Initial Examination and Certification equipment, the payment provisions of that standard shall prevail. 1.1. Every lifting appliance shall be certified by a competent person before being [72 FR 64429, Nov. 15, 2007] taken into use for the first time to ensure that it is of good design and construction APPENDIX I TO PART 1918—CARGO GEAR and of adequate strength for the purpose for REGISTER AND CERTIFICATES (NON- which it is intended. MANDATORY) 1.2. Before being taken into use for the first time, a competent person shall super- NOTE: This appendix is non-mandatory and vise and witness testing, and shall thor- provides guidance to part 1918 to assist em- oughly examine every lifting appliance. ployers and employees in complying with the 1.3. Every item of loose gear shall, before requirements of this standard, as well as to being taken into use for the first time, shall provide other helpful information. Nothing be tested, thoroughly examined and certified in this appendix adds or detracts from any of by a competent person, in accordance with the requirements of this standard. The lan- national law or regulations. guage in this appendix is taken directly from 1.4. Upon satisfactory completion of the the recommended ILO document. procedures indicated above, the competent Form No. 1 person shall complete and issue the Register of lifting appliances and attach the appro- IDENTITY OF NATIONAL AUTHORITY OR COM- priate certificates. An entry shall be made in PETENT ORGANIZATION REGISTER OF SHIPS’ part I of the Register. LIFTING APPLIANCES AND CARGO HANDLING 1.5. A rigging plan showing the arrange- GEAR ment of lifting appliances shall be provided. Name of Ship llllllllllllllll In the case of derricks and derrick cranes, the rigging should show at least the fol- Official Number lllllllllllllll lowing information: Call Sign llllllllllllllllll (a) The position of guys; Port of Registry lllllllllllllll (b) The resultant force on blocks, guys, Name of Owner lllllllllllllll wire ropes and booms; (c) The position of blocks; Register Number llllllllllllll (d) The identification mark of individual Date of Issue llllllllllllllll items; and Issued by llllllllllllllllll (e) Arrangements and working range of union purchase. Signature and Stamp llllllllllll NOTE: This register is the standard inter- 2. Periodic Examination and Re-testing national form as recommended by the Inter- 2.1. All lifting appliances and every item of national Labour Office in accordance with loose gear shall be thoroughly examined by a the ILO Convention No. 152. competent person at least once in every twelve months. The particulars of these GENERAL thorough examinations shall be entered in The tests, examinations and inspections part I of the Register. indicated in this register are based on the re- 2.2. Re-testing and thorough examination quirements of ILO Convention 152 and Rec- of all lifting appliances and every item of ommendation 160. They are intended to en- loose gear is to be carried out: sure that ships having lifting appliances are (a) after any substantial alteration or re- initially certified by a competent person, newal, or after repair to any stress bearing and to establish periodically that they con- part, and tinue to be in safe working order to the sat- (b) in the case of lifting appliances, at isfaction of a competent person acceptable least once in every five years. to a competent authority. A Register of lift- 2.3. The retesting referred to in paragraph ing appliances and items of loose gear shall 2.2(a) may be omitted provided the part be kept in a form prescribed by the com- which has been renewed or repaired is sub- petent authority, account being taken of jected by separate test, to the same stress as this model recommended by the Inter- would be imposed on it if it had been tested national Labour Office. This Register and re- in-situ during the testing of the lifting appli- lated certificates shall be kept available to ance.

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2.4. The thorough examinations and tests (Form No. 3)—Certificate of test and thor- referred to in paragraph 2.2. are to be entered ough examination of loose gear. in part I of the Register. (Form No. 4)—Certificate of test and thor- 2.5. No new item of loose gear shall be ough examination of wire rope. manufactured of wrought iron. Heat treatment of any existing wrought iron compo- DEFINITIONS nents should be carried out to the satisfac- (a) The term ‘‘competent authority’’ tion of the competent person. No heat treat- means a minister, government department, ment should be applied to any item of loose or other authority empowered to issue regu- gear unless the treatment is in accordance lations, orders or other instructions having with the manufacturer’s instruction; and to the force of law. the satisfaction of the competent person. (b) The term ‘‘competent person’’ means a Any heat treatment and the associated ex- person appointed by the master of the ship amination are to be recorded by the com- or the owner of the gear to be responsible for petent person in part I of the Register. the performance of inspections and who has 3. Inspections sufficient knowledge and experience to un- dertake such inspections. 3.1. Regular visual inspections of every (c) The term ‘‘thorough examination’’ item of loose gear shall be carried out by a means a detailed visual examination by a responsible person before use. A record of competent person, supplemented if necessary these regular inspections is to be entered in by other suitable means or measures in order part II of the Register, but entries need only to arrive at a reliable conclusion as to the be made when the inspection has indicated a safety of the lifting appliance or item of defect in the item. loose gear examined. (d) The term ‘‘lifting appliance’’ covers all 4. Certificates stationary or mobile cargo handling appli- 4.1. The certification forms to be used in ances used on board ship for suspending, conjunction with this Register (Form No. 1) raising or lowering loads or moving them are as follows: from one position to another while sus- (Form No. 2)—Certificate of test and thor- pended or supported. ough examination of lifting appliance. (e) The term ‘‘loose gear’’ covers any gear (Form No. 2(U))—Certificate of test and by means of which a load can be attached to thorough examination of derricks used in a lifting appliance, but which does not form union purchase. an integral part of the appliance or load.

THE FOLLOWING ARE SAMPLE FORMS OF CERTIFICATES AS RECOMMENDED BY THE ILO [Part I—Thorough Examination of Lifting Appliances and Loose Gear]

I certify that on the date to which I have appended Situation and description of my signature, the gear lifting appliances and loose shown in col. (1) was gear (with distinguishing Certificate Examination performed thoroughly examined and Remarks (to be dated and numbers or marks, if any) Nos. (see note 2) no defects affecting its signed) which have been thor- (2) (3) safe working condition (5) oughly examined. (See were found other than note 1) those shown in col. (5) (1) (date and signature) (4)

......

NOTE 1: If all the lifting appliances are thoroughly examined on the same date it will be sufficient to enter in Col. (1) ‘‘All lifting appliances and loose gear’’. If not, the parts that have been thoroughly examined on the dates stated must be clearly indicated. NOTE 2: The thorough examinations to be indicated in Col. (3) include: (a) Initial. (b) 12 monthly. (c) 5 yearly. (d) Repair/Damage. (e) Other thorough examinations. [Part II—Regular Inspections of Loose Gear]

Situation and description of loose gear (with distinguishing numbers or marks, if Signature and date of the responsible Remarks (to be dated and signed) any) that has been inspected. person carrying out the inspection (See note 1)

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[Part II—Regular Inspections of Loose Gear]

Situation and description of loose gear (with distinguishing numbers or marks, if Signature and date of the responsible any) that has been inspected. person carrying out the inspection Remarks (to be dated and signed) (See note 1)

NOTE 1: All loose gear should be inspected before use. However, entries need only be made when the inspection discloses a defect.

Form No. 2 Official Number lllllllllllllll Call Sign Identity of National Authority or Competent Or- llllllllllllllllll ganization Certificate of Test and Thorough Port of Registry lllllllllllllll Examination of Lifting Appliances Name of Owner lllllllllllllll Name of Ship llllllllllllllll Certificate No. lllllllllllllll

Situation and description of lifting appliances (with distin- Safe working load at angle or guishing numbers or marks, if Angle to the horizontal or radius Test load (tonnes) radius shown in col. 2 any) which have been tested at which test load applied (3) (tonnes) and thoroughly examined (2) (4) (1)

Name and address of the firm or competent or at such greater angle as may be agreed. person who witnessed testing and carried out The angle at which the test was made should thorough examination. be stated in the certificate. I certify that on the date to which I have 2.1. The SWL shown is applicable to swing- appended my signature, the gear shown in ing derrick systems only. When derricks are Col. (1) was tested and thoroughly examined used in union purchase, the SWL (U) is to be and no defects or permanent deformation shown on Form 2 (U). was found and that the safe working load is 2.2. In the case of heavy derricks, care as shown. should be taken to ensure that the appropriate stays are correctly rigged. Date: llllllllllllllllllll 3. In the case of cranes, the test load is to Place: llllllllllllllllllll be hoisted and luffed at slow speed. Gantry Signature: llllllllllllllllll and traveling cranes together with their trolleys, where appropriate, are to be tra- NOTE: This certificate is the standard versed and traveled over the full length of international form as recommended by the their track. International Labor Office in accordance 3.1. In the case of variable load-radius with ILO Convention No. 152. cranes, the tests are generally to be carried Reverse of Form No. 2 out with the appropriate test load at maximum, minimum and intermediate radii. INSTRUCTIONS 3.2. In the case of hydraulic cranes where limitations of pressure make it impossible to 1. Every lifting appliance shall be tested lift a test load 25 percent in excess of the with a test load which shall exceed the Safe safe working load, it will be sufficient to lift Working Load (SWL) as follows: the greatest possible load, but in general this should not be less than 10 percent in excess SWL Test load of the safe working load. Up to 20 tonnes ...... 25 percent in excess. 4. As a general rule, tests should be carried 20 to 50 tonnes ...... 5 tonnes in excess. out using test loads, and no exception should Over 50 tonnes ...... 10 percent in excess. be allowed in the case of initial tests. In the case of repairs/replacement or when the peri- 2. In the case of derrick systems, the test odic examination calls for re-test, consider- load shall be lifted with the ship’s normal ation may be given to the use of spring or tackle with the derrick at the minimum hydraulic balances provided the SWL of the angle to the horizontal for which the derrick lifting appliance does not exceed 15 tonnes. system was designed (generally 15 degrees), Where a spring or hydraulic balance is used,

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it shall be calibrated and accurate to within Form No. 2(U) #2 percent and the indicator should remain constant for five minutes. IDENTITY OF NATIONAL AUTHORITY OR COM- 4.1. If the test weights are not used, this is PETENT ORGANIZATION CERTIFICATE OF TEST to be indicated in Col. (3). AND THOROUGH EXAMINATION OF DERRICKS 5. The expression ‘‘tonne’’ shall mean a USED IN UNION PURCHASE tonne of 1000 kg. Name of Ship llllllllllllllll 6. The terms ‘‘competent person’’, ‘‘thor- Official Number lllllllllllllll ough examination’’, and ‘‘lifting appliance’’ Call Sign are defined in Form No. 1. llllllllllllllllll Port of Registry lllllllllllllll NOTE: For recommendations on test procedures reference may be made to the ILO doc- Name of Owner lllllllllllllll ument ‘‘Safety and Health in Dock Work’’. Certificate No. lllllllllllllll

Situation and description of derricks used in Union Purchase Max. height of triangle plate Safe working load, SWL (with distinguishing numbers or above hatch coaming (m) or Test load (tonnes) when operating in union marks) which have been tested max. angle between runners (3) purchase (tonnes) and thoroughly examined (2) (4) (1)

Position of outboard preventer guy attach- SWL Test load ments: (a) forward/aft * of mast—(m) and Up to 20 tonnes ...... 25 percent in excess. (b) from ship’s centerline—(m) 20 to 50 tonnes ...... 5 tonnes in excess. Over 50 tonnes ...... 10 percent in excess. Position of inboard preventer guy attachments: 2. Tests are to be carried out at the ap- (a) forward/aft * of mast—(m) and proved maximum height of the triangle plate (b) from ship’s centerline—(m) above the hatch coaming or at the angle be- * Delete as appropriate. tween the cargo runners and with the der- Name and address of the firm or competent rick booms in their working positions, to person who witnessed testing and carried out prove the strength of deck eye plates and the Union Purchase system. These heights or an- thorough examination gles must not exceed the values shown on llllllllllllllllllllllll the rigging plan. llllllllllllllllllllllll 3. Tests should be carried out using test I certify that on the date to which I have loads. appended my signature, the gear shown in 4. The expression ‘‘tonne’’ shall mean a tonne of 1000 kg. Col. (1) was tested and thoroughly examined and no defects or permanent deformation 5. The terms ‘‘competent person’’, ‘‘thorough examination’’ and ‘‘lifting appliance’’ was found and that the safe working load is are defined in Form No. 1. as shown. NOTE: For recommendations on test proce- Date: llllllllllllllllllll dures, reference may be made to the ILO doc- Signature: llllllllllllllllll ument ‘‘Safety and Health in Dock Work’’. Place: llllllllllllllllllll Form 3 NOTE: This certificate is the standard IDENTITY OF NATIONAL AUTHORITY OR COM- international form as recommended by the PETENT ORGANIZATION CERTIFICATE OF TEST International Labour Office in accordance AND THOROUGH EXAMINATION OF LOOSE with ILO Convention No. 152. GEAR Reverse Form No. 2 (U) Name of Ship llllllllllllllll Official Number lllllllllllllll INSTRUCTIONS Call Sign llllllllllllllllll 1. Before being taken into use, the derricks rigged in Union Purchase shall be tested Port of Registry lllllllllllllll with a test load which shall exceed the Safe Name of Owner lllllllllllllll Working Load (SWL (U)) as follows: Certificate No. lllllllllllllll

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Distinguishing num- Description of Safe work load ber or mark loose gear Number tested Date of test Test load (tonnes) (SWL) (tonnes)

Name and address of makers or suppliers: International Labour Office in accordance Name and address of the firm or competent with ILO Convention No. 152. person who witnessed testing and carried out thorough examination. Reverse Form No. 3 I certify that the above items of loose gear were tested and thoroughly examined and no INSTRUCTIONS defects affecting their SWL were found. 1. Every item of loose gear is to be tested Date: llllllllllllllllllll and thoroughly examined before being put Place: llllllllllllllllllll into use for the first time and after any substantial alteration or repair to any part lia- Signature: llllllllllllllllll ble to affect its safety. The test loads to be NOTE: This certificate is the standard applied shall be in accordance with the fol- international form as recommended by the lowing table:

Item Test load (tonnes)

Single sheave blocks (See Note 1) ...... 4 × SWL Multi sheave blocks (See Note 2): SWL <25 tonnes ...... 2 × SWL 25 tonnes 160 tonnes ...... 1.1 × SWL Chains, hooks, rings, shackles, swivels, etc.: SWL <25 tonnes ...... 2 × SWL SWL >25 tonnes ...... (1.22 × SWL) + 20 Lifting beams, spreaders, frames and similar devices: SWL ≤10 tonnes ...... 2 × SWL 10 tonnes 160 tonnes ...... 1.1 × SWL

NOTE: 1. The SWL for a single sheave Call Sign llllllllllllllllll block, including single sheave blocks with Port of Registry lllllllllllllll beckets, is to be taken as one-half of the re- Name of Owner lllllllllllllll sultant load on the head fitting. Certificate No. lllllllllllllll 2. The SWL of a multi-sheave block is to be taken as the resultant load on the head fit- Name and address of maker or supplier ting. 3. This form may also be used for the cer- Nominal diameter of rope (mm) tification of interchangeable components of Number of strands lifting appliances. Number of wires per strand 4. The expression ‘‘ton’’ shall mean a ton of Core 1,000 kg. Lay Quality of wire (N/mm2) 5. The terms ‘‘competent person’’, ‘‘thor- Date of test of sample ough examination’’ and ‘‘loose gear’’ are de- Load at which sample broke (tonnes) fined in Form No. 1. Safe working load of rope (tonnes) NOTE: For recommendations on test proce- Intended use dures reference may be made to the ILO document ‘‘Safety and Health in Dock Work’’. Name and address of the firm or competent person who witnessed testing and carried out Form No. 4 thorough examination. I certify that the above particulars are cor- IDENTITY OF NATIONAL AUTHORITY OR COM- rect, and that the rope was tested and thor- PETENT ORGANIZATION CERTIFICATE OF TEST oughly examined and no defects affecting its AND THOROUGH EXAMINATION OF WIRE SWL were found. ROPE Date: llllllllllllllllllll Name of Ship llllllllllllllll Place: llllllllllllllllllll Official Number lllllllllllllll Signature: llllllllllllllllll

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NOTE: This certificate is the standard 2. The test procedure should be in accord- international form as recommended by the ance with an International or recognized Na- International Labour Office in accordance tional standard. with ILO Convention No. 152. 3. The SWL of the rope is to be determined by dividing the load at which the sample Reverse Form No. 4 broke, by a co-efficient of utilization, deter- INSTRUCTIONS mined as follows: 1. Wire rope shall be tested by sample, a piece being tested to destruction.

Item Coefficient

Wire rope forming part of a sling: SWL of the sling ...... 5 SWL <10 tonnes ...... 10 5

10 tonnes 160 tonnes ...... 3 Wire rope as integral part of a lifting appliance: SWL of lifting appliance ...... 10 4

SWL ≤160 tonnes ...... (8.85 × SWL) + 1910 SWL >160 tonnes ...... 3

These coefficients should be adopted unless 5. The terms ‘‘competent person’’, ‘‘thor- other requirements are specified by a Na- ough examination’’ and ‘‘lifting appliance’’ tional Authority. are defined in Form No. 1. 4. The expression ‘‘tonne’’ shall mean a NOTE: For recommendations on test proce- tonne of 1000 kg. dures reference may be made to the ILO document ‘‘Safety and Health in Dock Work’’.

APPENDIX II TO PART 1918—TABLES FOR SELECTED MISCELLANEOUS AUXILIARY GEAR (MANDATORY)

NOTE: This appendix is mandatory and is to be used in the appropriate sections of part 1918 when certificates or the manufacturers’ use recommendations are not available.

TABLE 1—WIRE ROPE CLIPS

Minimum number of clips Improved plow steel, rope (Inches (cm)) Other Minimum spacing (Inches (cm)) Drop forged material

1⁄2 or less (1.3) ...... 3 4 3 (7.6) 5⁄8 (1.6) ...... 3 4 33⁄4 (9.5) 3⁄4 (1.9) ...... 4 5 41⁄2 (11.4) 7⁄8 (2.2) ...... 4 5 51⁄4 (13.3) 1 (2.5) ...... 5 6 6 (15.2) 11⁄8 (2.9) ...... 6 6 63⁄4 (17.1) 11⁄4 (3.2) ...... 6 7 71⁄2 (19.1) 13⁄8 (3.5) ...... 7 7 81⁄4 (21.0) 11⁄2 (3.8) ...... 7 8 9 (22.9)

TABLE 2—NATURAL FIBER ROPE AND ROPE SLINGS—LOAD CAPACITY IN POUNDS (LBS.) SAFETY FACTOR = 5—EYE AND EYE SLING—BASKET HITCH [Angle of rope to horizontal—90 deg. 60 deg. 45 deg. 30 deg.]

Rope diameter nominal Angle of rope to vertical inch Vertical hitch Choker hitch 0 deg. 30 deg. 45 deg. 60 deg.

1⁄2 ...... 550 250 1,100 900 750 550 9⁄16 ...... 700 350 1,400 1,200 1,000 700 5⁄8 ...... 900 450 1,800 1,500 1,200 900 3⁄4 ...... 1,100 550 2,200 1,900 1,500 1,100 13⁄16 ...... 1,300 650 2,600 2,300 1,800 1,300

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TABLE 2—NATURAL FIBER ROPE AND ROPE SLINGS—LOAD CAPACITY IN POUNDS (LBS.) SAFETY FACTOR = 5—EYE AND EYE SLING—BASKET HITCH—Continued [Angle of rope to horizontal—90 deg. 60 deg. 45 deg. 30 deg.]

Angle of rope to vertical Rope diameter nominal Vertical hitch Choker hitch inch 0 deg. 30 deg. 45 deg. 60 deg.

7⁄8 ...... 1,500 750 3,100 2,700 2,200 1,500 1 ...... 1,800 900 3,600 3,100 2,600 1,800 11⁄16 ...... 2,100 1,100 4,200 3,600 3,000 2,100 11⁄8 ...... 2,400 1,200 4,800 4,200 3,400 2,400 11⁄4 ...... 2,700 1,400 5,400 4,700 3,800 2,700 15⁄16 ...... 3,000 1,500 6,000 5,200 4,300 3,000 11⁄2 ...... 3,700 1,850 7,400 6,400 5,200 3,700 15⁄8 ...... 4,500 2,300 9,000 7,800 6,400 4,500 13⁄4 ...... 5,300 2,700 10,500 9,200 7,500 5,300 2 ...... 6,200 3,100 12,500 10,500 8,800 6,200 21⁄8 ...... 7,200 3,600 14,500 12,500 10,000 7,200 21⁄4 ...... 8,200 4,100 16,500 14,000 11,500 8,200 21⁄2 ...... 9,300 4,700 18,500 16,000 13,000 9,300 25⁄8 ...... 10,500 5,200 21,000 18,000 14,500 10,500

Endless Sling

1⁄2 ...... 950 500 1,900 1,700 1,400 950 9⁄16 ...... 1,200 600 2,500 2,200 1,800 1,200 5⁄8 ...... 1,600 800 3,200 2,700 2,200 1,600 3⁄4 ...... 2,000 950 3,900 3,400 2,800 2,000 13⁄16 ...... 2,300 1,200 4,700 4,100 3,300 2,300 7⁄8 ...... 2,800 1,400 5,600 4,800 3,900 2,800 1 ...... 3,200 1,600 6,500 5,600 4,600 3,200 11⁄16 ...... 3,800 1,900 7,600 6,600 5,400 3,800 11⁄8 ...... 4,300 2,200 8,600 7,500 6,100 4,300 11⁄4 ...... 4,900 2,400 9,700 8,400 6,900 4,900 15⁄16 ...... 5,400 2,700 11,000 9,400 7,700 5,400 11⁄2 ...... 6,700 3,300 13,500 11,500 9,400 6,700 15⁄8 ...... 8,100 4,100 16,000 14,000 11,500 8,100 13⁄4 ...... 9,500 4,800 19,000 16,500 13,500 9,500 2 ...... 11,000 5,600 22,500 19,500 16,000 11,000 21⁄8 ...... 13,000 6,500 26,000 22,500 18,500 13,000 21⁄4 ...... 15,000 7,400 29,500 25,500 21,000 15,000 21⁄2 ...... 16,500 8,400 33,500 29,000 23,500 16,500 25⁄8 ...... 18,500 9,500 37,000 32,500 26,500 18,500

TABLE 3A

Polypropylene Rope and Rope Slings

Load Capacity in Pounds (lbs.) Safety Factor = 6

Eye and Eye Sling

Basket Hitch Angle of rope to horizontal

Angle of rope to vertical Rope diameter nominal Vertical hitch Choker hitch in. 0 deg. 30 deg. 45 deg. 60 deg.

1⁄2 ...... 650 350 1,300 1,200 950 650 9⁄16 ...... 800 400 1,600 1,400 1,100 800 5⁄8 ...... 1,000 500 2,000 1,700 1,400 1,000 3⁄4 ...... 1,300 700 2,700 2,300 1,900 1,300 13⁄16 ...... 1,600 800 2,600 2,300 2,200 1,600 7⁄8 ...... 1,800 900 3,100 2,700 2,600 1,800 1 ...... 2,200 1,100 3,600 3,100 3,100 2,200 11⁄16 ...... 2,500 1,300 4,200 3,600 3,600 2,500 11⁄8 ...... 2,900 1,500 4,800 4,200 4,100 2,900 11⁄4 ...... 3,300 1,700 6,700 5,800 4,700 3,300 15⁄16 ...... 3,700 1,900 7,400 6,400 5,300 3,700 11⁄2 ...... 4,700 2,400 9,400 8,100 6,700 4,700 15⁄8 ...... 5,700 2,900 11,500 9,900 8,100 5,700

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Angle of rope to vertical Rope diameter nominal Vertical hitch Choker hitch in. 0 deg. 30 deg. 45 deg. 60 deg.

13⁄4 ...... 6,800 3,400 13,500 12,000 9,600 6,800 2 ...... 8,200 4,100 16,500 14,500 11,500 8,200 21⁄8 ...... 9,700 4,800 19,500 16,500 13,500 9,700 21⁄4 ...... 11,000 5,500 22,000 19,000 15,500 11,000 21⁄2 ...... 12,500 6,300 25,500 22,000 18,000 12,500 25⁄8 ...... 14,500 7,100 28,500 24,500 20,000 14,500

TABLE 3B

Polypropylene Rope and Rope Slings

Load Capacity in Pounds (lbs.) Safety Factor = 6 Endless Sling

Basket Hitch

Angle of rope to horizontal 90 deg. 60 deg. 45 deg. 30 deg.

Angle of rope to vertical Rope diameter nominal Vertical hitch Choker hitch in. 0 deg. 30 deg. 45 deg. 60 deg.

1⁄2 ...... 1,200 600 2,400 2,100 1,700 1,200 9⁄16 ...... 1,500 750 2,900 2,500 2,100 1,500 5⁄8 ...... 1,800 900 3,500 3,100 2,500 1,800 3⁄4 ...... 2,400 1,200 4,900 4,200 3,400 2,400 13⁄16 ...... 2,800 1,400 5,600 4,900 4,000 2,800 7⁄8 ...... 3,300 1,600 6,600 5,700 4,600 3,300 1 ...... 4,000 2,000 8,000 6,900 5,600 4,000 11⁄16 ...... 4,600 2,300 9,100 7,900 6,500 4,600 11⁄8 ...... 5,200 2,600 10,500 9,000 7,400 5,200 11⁄4 ...... 6,000 3,000 12,000 10,500 8,500 6,000 15⁄16 ...... 6,700 3,400 13,500 11,500 9,500 6,700 11⁄2 ...... 8,500 4,200 17,000 14,500 12,000 8,500 15⁄8 ...... 10,500 5,100 20,500 18,000 14,500 10,500 13⁄4 ...... 12,500 6,100 24,500 21,000 17,500 12,500 2 ...... 15,000 7,400 29,500 25,500 21,000 15,000 21⁄8 ...... 17,500 8,700 35,500 30,100 24,500 17,500 21⁄4 ...... 19,500 9,900 39,500 34,000 28,000 19,500 21⁄2 ...... 23,000 11,500 45,500 39,500 32,500 23,000 25⁄8 ...... 25,500 13,000 51,500 44,500 36,500 25,500

TABLE 4A—RATED LOAD FOR GRADE 80 ALLOY STEEL CHAIN SLINGS1 (CHAIN PER NACM)

Single leg sling-90 Rated load double leg sling horizontal angle (note 2) deg. to horizontal Chain size nominal loading 60 deg. 45 deg. 30 deg. Double at 60 deg. Double at 45 deg. Double at 30 deg. inch mm lb kg lb kg lb kg lb kg

1⁄4 ...... 7 3,500 1,570 6,100 2,700 4,900 2,200 3,500 1,590 3⁄8 ...... 10 7,100 3,200 12,300 5,500 10,000 4,500 7,100 3,200 1⁄2 ...... 13 12,000 5,400 20,800 9,400 17,000 7,600 1,200 5,400 5⁄8 ...... 16 18,100 8,200 31,300 14,200 25,600 11,600 18,100 8,200 3⁄4 ...... 20 28,300 12,800 49,000 22,300 40,000 18,200 28,300 12,900 7⁄8 ...... 22 34,200 15,500 59,200 27,200 48,400 22,200 34,200 15,700 1 ...... 26 47,700 21,600 82,600 37,900 67,400 31,000 47,700 21,900 11⁄4 ...... 32 72,300 32,800 125,200 56,800 102,200 46,400 72,300 32,800

NOTES: (1) Other grades of proof tested steel chain include Proof Coil (Grade 28), Hi-Test (grade 43 Chain, and Transport (grade 70) Chain. These grades are not recommended for overhead lifting and therefore are not covered by this standard. (2) Rating of multi-leg slings adjusted for angle of loading between the inclined leg and the horizontal plane of the load.

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TABLE 4B—MAXIMUM ALLOWABLE WEAR AT ANY POINT OF LINK

Nominal chain or coupling link size Maximum allowable wear of cross-sec- inch mm tional diameter, in.

1⁄4 ...... 7 0.037 3⁄8 ...... 10 0.052 1⁄2 ...... 13 0.060 5⁄8 ...... 16 0.084 3⁄4 ...... 20 0.105 7⁄8 ...... 22 0.116 1 ...... 26 0.137 11⁄4 ...... 32 0.169

NOTE: For other sizes, consult chain or sling manufacturer.

TABLE 5—SAFE WORKING LOADS FOR SHACKLES [In tons of 2,000 pounds]

Material size Pin diameter Safe working load Inches (cm) Inches (cm) in 2,000 lb tons

1⁄2 ...... (1.3) 5⁄8 (1.6) 1.4 5⁄8 ...... (1.6) 3⁄4 (1.9) 2.2 3⁄4 ...... (1.9) 7⁄8 (2.2) 3.2 7⁄8 ...... (2.2) 1 (2.5) 4.3 1 ...... (2.5) 11⁄8 (2.9) 5.6 11⁄8 ...... (2.9) 11⁄4 (3.2) 6.7 11⁄4 ...... (3.2) 13⁄8 (3.5) 8.2 13⁄8 ...... (3.5) 11⁄2 (3.8) 10.0 11⁄2 ...... (3.8) 15⁄8 (4.1) 11.9 13⁄4 ...... (4.4) 2 (5.1) 16.2 2 ...... (5.1) 21⁄4 (5.7) 21.2

WIRE ROPE TABLE—RATE LOADS FOR SINGLE LEG SLINGS 6 × 19 OR 6 × 37 CLASSIFICATION IMPROVED PLOW STEEL GRADE ROPE WITH FIBER CORE (FC) [Rated loads [note 1], tons (2,000 lb)]

Vertical Choker Rope diameter, inch HT MS S HT, MS&S

1⁄4 ...... 0 .49 0.51 0 .55 0 .38 5⁄16 ...... 0 .78 0 .79 0 .85 0 .6 3⁄8 ...... 1 .1 1 .1 1 .2 0 .85 7⁄16 ...... 1 .4 1 .5 1 .7 1 .2 1⁄2 ...... 1 .8 2 .0 2 .1 1 .5 9⁄16 ...... 2 .3 2 .5 2 .7 1 .9 5⁄8 ...... 2 .8 3 .1 3 .3 2 .3 3⁄4 ...... 3 .9 4 .4 4 .8 3 .3 7⁄8 ...... 5 .2 6 .0 6 .4 4 .5 1 ...... 6 .7 7 .7 4 .8 5 .9 11⁄8 ...... 8.4 9.5 11 7 .4 11⁄4 ...... 10 12 13 9 .0 13⁄8 ...... 12 14 15 11 11⁄2 ...... 15 17 18 13 15⁄8 ...... 17 19 21 15 13⁄4 ...... 20 22 25 17 2 ...... 26 29 32 22

HT = Hand Tucked Splice. For Hidden Tuck Splice (IWRC), use vales in HT (FC) columns. MS = Mechanical Splice. S = Poured Socket or Swaged Socket. NOTE: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be considered.

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WIRE ROPE TABLE—RATED LOADS FOR SINGLE LEG SLINGS 6 × 19 OR 6 × 37 CLASSIFICATION EXTRA IMPROVED PLOW STEEL GRADE ROPE WITH INDEPENDENT WIRE ROPE CORE (IWRC) [Rated loads [note 1] , tons (2,000 lb)]

Vertical Choker Vertical basket [Note (2)] [Note (3)] Rope diameter, inch HT MS S HT, MS&S HT MS&S

1⁄4 ...... 0 .53 0.59 0 .59 0 .31 1 .1 1 .1 5⁄16 ...... 0 .82 0 .87 0 .92 0 .64 1.6 1.7 3⁄8 ...... 1 .2 1 .2 1 .3 0 .92 2.3 2.5 7⁄16 ...... 1 .5 1 .7 1 .8 1 .2 3 .1 3 .4 1⁄2 ...... 2 .0 2 .2 2 .3 1 .6 4 .0 4 .4 9⁄16 ...... 2 .5 2 .8 2 .9 2 .0 1 .9 5 .5 5⁄8 ...... 3 .0 3 .4 3 .6 2 .6 6 .0 6 .8 3⁄4 ...... 4 .2 4 .9 5 .1 3 .6 8 .4 9 .7 7⁄8 ...... 5 .5 6 .6 6 .9 4 .8 11 13 1 ...... 7 .2 8 .5 9 .0 6 .3 14 17 11⁄8 ...... 9.0 10 11 7 .9 18 20 11⁄4 ...... 11 13 14 9 .7 22 26 13⁄8 ...... 13 15 17 12 27 31 11⁄2 ...... 16 18 20 14 32 37 15⁄8 ...... 18 21 23 16 37 43 13⁄4 ...... 21 25 27 19 43 49 2 ...... 28 32 34 24 55 64 HT = Hand tucked Splice For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3. MS = Mechanical Splice. S = Poured Socket or Swaged Socket. NOTES: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. If they are not vertical, the rated load shall be reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be considered. (2) These values only apply when the D/d ratio is 15 or greater. (3) These values only apply when the D/d ratio is 25 or greater. D = Diameter or curvature around which the body of the sling is bent. d = Diameter of rope.

WIRE ROPE TABLE-RATED LOADS FOR SINGLE LEG SLINGS 6 × 19 OR 6 × 37 CLASSIFICATION EXTRA IMPROVED PLOW STEEL GRADE ROPE WITH INDEPENDENT WIRE ROPE CORE (IWRC) [Rated loads [note 1], tons (2,000 lb)]

Vertical basket Vertical Choker [note (2)] Rope diameter MS S MS&S MS&S

1⁄4 ...... 0 .65 0.68 0 .48 1 .3 5⁄16 ...... 1 .0 1 .1 .074 2 .0 3⁄8 ...... 1 .4 1 .5 1 .1 2 .9 7⁄16 ...... 1 .9 2 .0 1 .4 3 .9 1⁄2 ...... 2 .5 2 .7 1 .9 5 .1 9⁄16 ...... 3 .2 3 .4 2 .4 6 .4 5⁄8 ...... 3 .9 4 .1 2 .9 7 .8 3⁄4 ...... 5 .6 5 .9 4 .1 11 7⁄8 ...... 7 .6 8 .0 5 .6 15 1 ...... 9 .8 10 7 .2 20 11⁄8 ...... 12 13 9 .1 24 11⁄4 ...... 15 16 11 30 13⁄8 ...... 18 19 13 36 11⁄2 ...... 21 23 16 42 15⁄8 ...... 24 26 18 49 13⁄4 ...... 28 31 21 57 2 ...... 37 40 28 73 HT = Hand tucked Splice For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3. MS = Mechanical Splice. S = Poured Socket or Swaged Socket. NOTE: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. If they are not vertical, the rated load shall be reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be considered. (2) These values only apply when the D/d ratio is 25 or greater.

[62 FR 40202, July 25, 1997, as amended at 65 FR 40947, June 30, 2000]

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APPENDIX III TO PART 1918—THE ME- due to the increased vertical force that is CHANICS OF CONVENTIONAL CARGO generated in the guy(s) in order to counter- GEAR (NON-MANDATORY) act any particular horizontal or lateral force exerted on the boom(s) head. The appreciable NOTE: This appendix is non-mandatory and vertical forces that are generated in this provides an explanation of the mechanics in process are transmitted, in substantial part, the correct spotting of cargo handling gear. to the boom(s) and topping lift(s), causing Although the most prevalent method of proportionate compressive stresses in the cargo handling is accomplished through the boom(s) and tension stresses in the topping use of modern shoreside container gantry lift(s). cranes, there are occasions when break-bulk In general, guys and preventers must be lo- cargo is handled with conventional ship’s cated so that enough vertical resistance is cargo gear. This appendix provides a ref- developed so as to prohibit the boom(s) from erence for those unfamiliar with such cargo jackknifing as cargo passes across the deck. gear. Special care must be exercised in the proper Sections 1918.52, 1918.53, and 1918.54 all ad- placement of guys and preventers associated dress the subject of rigging and operating with the Burton or yard boom. Preventers, vessel’s cargo handling gear. It is important when used, must parallel as closely as pos- to understand that under the Burton System sible the guys that they support. Guys and of cargo handling (conventional gear con- preventers must not be attached to the same sisting of two cargo derricks with married falls), the midships or up-and-down boom fitting. should be spotted as close to the fore and aft While under a load, the cargo falls (run- centerline of the hatch as operationally pos- ning rigging) must not be permitted to chafe sible. Such spotting of the up-and-down on any standing or other running gear. Spe- boom will allow the most effective leads for cial attention must be paid to ensure that the guy(s) and preventer(s) to safely support cargo runners work freely through the heel the lateral stresses generated in the boom(s) block, without chafing the cheek of the by the married falls. As the lead of the block. Also, bobbing chains and heel block guy(s) and preventer(s) approaches the preventers must be attached so as to not vertical, in supporting the boom(s) head, the interfere with the movement of the cargo total stress in the guy(s) increases rapidly runners.

APPENDIX IV TO PART 1918—SPECIAL CARGO GEAR AND CONTAINER SPREADER TEST REQUIREMENTS (MANDATORY) [SEE § 1918.61 (f), (g), (h)]

Type gear Test requirement Tested by Proof test

A. All Special Cargo Handling Gear Purchased or Manufactured on or After January 21, 1998

1. Safe Working Load— Prior to initial use ...... OSHA accredited agency Up to 20 short 125% SWL. greater than 5 short tons only. tons. (10,000 lbs./4.5 metric tons). Prior to reuse after struc- From 20 to 50 5 short tons in ex- tural damage repair. short tons. cess of SWL. Every four years after ini- OSHA accredited agency Over 50 short tons 110% SWL. tial proof load test. or designated person. 2. Safe Working Load—5 Prior to initial use ...... OSHA accredited agency 125% SWL. short tons or less. or designated person. Prior to reuse after structural damage repair. 3. Intermodal container Prior to initial use ...... OSHA accredited agency 125% SWL. spreaders not part of ves- only. sel’s cargo handling gear. Prior to reuse after structural damage repair. Every four years after ini- OSHA accredited agency tial proof load test. or designated person.

B. All Special Cargo Handling Gear in Use Prior to January 21, 1998 and Proof Load Tested Prior to Initial Use (See Note Below)

1. Safe Working Load— Every four years starting OSHA accredited agency Up to 20 short 125% SWL. greater than 5 short tons on January 21, 1998. or designated person. tons. (10,000 lbs./4540 kg.). Prior to reuse after struc- OSHA accredited agency From 20 to 50 5 short tons in ex- tural damage repair. short tons. cess of SWL. Over 50 short tons 110% SWL.

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2. Safe Working Load—5 Prior to reuse after struc- OSHA accredited agency 125% SWL. short tons or less. tural damage repair. or designated person. 3. Intermodal container Every four years starting OSHA accredited agency 125% SWL. spreaders not part of ves- on January 21, 1998. or designated person. sel’s cargo handling gear. Prior to reuse after struc- OSHA accredited agency. tural damage repair.

NOTE TO APPENDIX IV: Special stevedoring 2. Interactions with the local emergency gear in use prior to January 21, 1998 was cov- medical services system. Trainees have the ered by § 1918.61(b), in effect prior to January responsibility for maintaining a current list 21, 1998. (See 29 CFR Parts 1911 to 1925 revised of emergency telephone numbers (police, as of July 1, 1997). The assumption is made fire, ambulance, poison control) easily acces- that gear in use prior to January 21, 1998, has sible to all employees. already been proof load tested, although not 3. The principles of triage. necessarily by an accredited agency. How- 4. The legal aspects of providing first aid ever, if the employer cannot certify that services. such gear was proof load tested under § 1918.61(b), in effect prior to January 21, 1998, C. Methods of Surveying the Scene and the (See 29 CFR Parts 1911 to 1925 revised as of Victim(s) July 1, 1997), than it must be proof load test- The training program should include ined in accordance with § 1918.61 in effect on struction in: January 21, 1998, (See 29 CFR Parts 1911 to 1. The assessment of scenes that require 1925 revised as of July 1, 1998.) first aid services including: [65 FR 40950, June 30, 2000] a. general scene safety. b. likely event sequence. c. rapid estimate of the number of persons APPENDIX V TO PART 1918—BASIC ELE- injured. MENTS OF A FIRST AID TRAINING d. identification of others able to help at PROGRAM (NON-MANDATORY) the scene. 2. Performing a primary survey of each vic- NOTE: This appendix is non-mandatory and tim including airway, breathing, and circula- provides guidelines for small businesses, in- tion assessments as well as the presence of stitutions teaching first aid, and the recipi- any bleeding. ents of first aid training. 3. The techniques and principles of taking a victim’s history at the scene of an emer- GENERAL PROGRAM ELEMENTS gency. A. Teaching Methods 4. Performing a secondary survey of the victim including assessments of vital signs, 1. Trainees should develop ‘‘hands on’’ skin appearance, head and neck, eye, chest, skills through the use of manikins and train- abdomen, back, extremities, and medical ee partners during their training. alert symbols. 2. Trainees should be exposed to acute injury and illness settings as well as the appro- D. Basic Adult Cardiopulmonary Resuscitation priate response to those settings through the (CPR) use of visual aids, such as video tape and Basic adult CPR training should be in- slides. cluded in the program. Retesting should 3. Training should include a course work- occur every year. The training program book which discusses first aid principles and should include instruction in: responses to settings that require interven- 1. Establishing and maintaining adult air- tions. way patency. 4. Training duration should allow enough 2. Performing adult breathing resuscita- time for particular emphasis on situations tion. likely to be encountered in particular work- 3. Performing adult circulatory resuscita- places. tion. 5. An emphasis on quick response to first 4. Performing choking assessments and ap- aid situations should be incorporated propriate first aid interventions. throughout the program. 5. Resuscitating the drowning victim.

B. Principles of Responding to a Health E. Basic First Aid Intervention Emergency Trainees should receive instruction in the The training program should include in- principles and performance of: struction in: 1. Bandaging of the head, chest, shoulder, 1. Injury and acute illness as a health prob- arm, leg, wrist, elbow, foot, ankle, fingers, lem. toes, and knee.

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2. Splinting of the arm, elbow, clavicle, fin- 2. Bleeding gers, hand, forearm, ribs, hip, femur, lower leg, ankle, knee, foot, and toes. a. the types of bleeding including arterial, venous, capillary, external, and internal. 3. Moving and rescuing victims including one and two person lifts, ankle and shoulder b. the principles and performance of bleed- pulls, and the blanket pull. ing control interventions including direct pressure, pressure points, elevation, and F. Universal Precautions pressure bandaging. c. the assessment and approach to wounds Trainees should be provided with adequate including abrasions, incisions, lacerations, instruction on the need for and use of uni- punctures, avulsions, amputations, and versal precautions. This should include: crush injuries. 1. The meaning of universal precautions, which body fluids are considered potentially d. the principles of wound care including infectious, and which are regarded as haz- infection precautions, wounds requiring ardous. medical attention, and the need for tetanus 2. The value of universal precautions for prophylaxis. infectious diseases such as AIDS and hepa- 3. Poisoning titis B. 3. A copy of OSHA’s standard for occupa- Instruction in the principles and first aid tional exposure to bloodborne pathogens or intervention of: information on how to obtain a copy. a. alkali, acid and systemic poisons. In ad- 4. The necessity for keeping gloves and dition, all trainees should know how and other protective equipment readily available when to contact the local Poison Control and the appropriate use of them. Center. 5. The appropriate tagging and disposal of b. inhaled poisons including carbon mon- any sharp item or instrument requiring spe- oxide, carbon dioxide, smoke, and chemical cial disposal measures such as blood soaked fumes, vapors and gases as well as the impor- material. tance of assessing the toxic potential of the 6. The appropriate management of blood environment to the rescuer and the need for spills. respirators. G. First Aid Supplies Trainees should be instructed in the acute effect of chemicals utilized in their plants, The first aid provider should be responsible the location of chemical inventories, mate- for the type, amount, and maintenance of rial safety data sheets (MSDS’s), chemical first aid supplies needed for their particular emergency information, and antidote sup- worksite(s). These supplies need to be stored plies. in a convenient area available for emergency c. topical poisons including poison ivy, poi- access. son sumac, poison oak, and insecticides. H. Trainee Assessments d. drugs of abuse including alcohol, nar- cotics such as heroin and cocaine, tranquil- Assessment of successful completion of the izers, and amphetamines. first aid training program should include instructor observation of acquired skills and 4. Burns written performance assessments. First aid Instruction in the principles and first aid skills and knowledge should be reviewed intervention of: every three years. a. assessing the severity of the burn in- I. Program Update cluding first degree, second degree, and third degree burns. The training program should be periodi- b. differentiating between the types of cally reviewed with current first aid tech- third degree burns (thermal, electrical, and niques and knowledge. Outdated material chemical) and their specific interventions. should be replaced or removed. Particular attention should be focused upon SPECIFIC PROGRAM ELEMENTS chemical burns, and the use of specific chemicals in the workplace which may cause A. Type of Injury Training them.

1. Shock 5. Temperature Extremes Instruction in the principles and first aid Instruction in the principles and first aid intervention in: intervention of: a. shock due to injury. a. exposure to cold including frostbite and b. shock due to allergic reactions. hypothermia. c. the appropriate assessment and first aid b. exposure to heat including heat cramps, treatment of a victim who has fainted. heat exhaustion, and heat stroke.

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6. Musculoskeletal Injuries 2. Eye The training program should include in- a. foreign bodies, corneal abrasions and struction in the principles and first aid lacerations. intervention in: b. chemical burns and the importance of a. open fractures, closed fractures, and flushing out the eye. splinting. c. the importance of not applying anti- b. dislocations, especially the methods of biotics without physician supervision. joint dislocations of the upper extremity. The importance of differentiating disloca- 3. Nose tions from fractures. a. nose injuries and nose bleeds. c. joint sprains. d. muscle strains, contusions, and cramps. 4. Mouth and Teeth e. head, neck, back, and spinal injuries. a. oral injuries, lip and tongue injuries, and broken and removed teeth. The impor- 7. Bites and Stings tance of preventing inhalation of blood and Instruction in the principles and first aid teeth. intervention in: 5. Chest a. human and animal (especially dog and snake) bites. a. rib fractures, flail chest, and penetrating b. bites and stings from insects (spiders, wounds. ticks, scorpions, hornets and wasps). Inter- ventions should include responses to 6. Abdomen anaphylactic shock; other allergic mani- a. blunt injuries, penetrating injuries, and festations; rabies and tetanus prophylaxis. protruding organs.

8. Medical Emergencies 7. Hand, Finger, and Foot Injuries Instruction in the principles and first aid a. finger/toe nail hematoma, lacerations, intervention of: splinters, finger nail avulsion, ring removal, a. heart attacks and foreign bodies. b. strokes b. the importance of identifying amputa- c. asthma attacks tion care hospitals in the area. When an am- d. diabetic emergencies including diabetic putation occurs, appropriate handling of am- coma, insulin shock, hyperglycemia, and putated fingers, hands, and feet during the hypoglycemia. immediate transportation of the victim and e. seizures including tonic-clonic and ab- body part to the hospital. sence seizures. Importance of not putting gags in mouth. PART 1919—GEAR CERTIFICATION f. pregnancy including the appropriate care of any abdominal injury or vaginal bleeding. Subpart A—General Provisions 9. Confined Spaces Sec. a. the danger of entering a confined space 1919.1 Purpose and scope. to administer first aid without having the 1919.2 Definition of terms. appropriate respiratory protection. b. if first aid personnel will be required to Subpart B—Procedure Governing assist evacuations from confined spaces, ad- Accreditation ditional training will be needed. 1919.3 Application for accreditation. B. Site of Injury Training 1919.4 Action upon application. 1919.5 Duration and renewal of accredita- Instruction in the principles and first aid tion. intervention of injuries to the following 1919.6 Criteria governing accreditation to sites: certificate vessels’ cargo gear. 1. Head and Neck 1919.7 Voluntary amendment or termination of accreditation. a. including skull fractures, concussions, 1919.8 Suspension or revocation of accredi- and mental status assessments with par- tation. ticular attention to temporary loss of con- 1919.9 Reconsideration and review. sciousness and the need for referral to a physician. Subpart C—Duties of Persons Accredited b. including the appropriate approach to To Certificate Vessels’ Cargo Gear the management of the individual who has suffered a potential neck injury or fracture. 1919.10 General duties; exemptions.

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1919.11 Recordkeeping and related proce- 1919.51 Provisions respecting application for dures concerning records in custody of accreditation, action upon the applica- accredited persons. tion, and related matters. 1919.12 Recordkeeping and related procedures concerning records in custody of Subpart G—Duties of Persons Accredited the vessel. To Certificate Shore-Based Material Handling Devices Subpart D—Certification of Vessels’ Cargo Gear 1919.60 General duties, exemptions.

1919.13 General. Subpart H—Certification of Shore-Based 1919.14 Initial tests of cargo gear and tests Material Handling Devices after alterations, renewals or repairs. 1919.70 General provisions. 1919.15 Periodic tests, examinations and in- 1919.71 Unit proof test and examination of spections. cranes. 1919.16 Heat treatment. 1919.72 Annual examination of cranes. 1919.17 Exemptions from heat treatment. 1919.73 Unit proof test and examination of 1919.18 Grace periods. derricks. 1919.19 Gear requiring welding. 1919.74 Annual examination of derricks. 1919.20 Damaged components. 1919.75 Determination of crane or derrick 1919.21 Marking and posting of safe working safe working loads and limitations in ab- loads. sence of manufacturer’s data. 1919.22 Requirements governing braking de- 1919.76 Safe working load reduction. vices and power sources. 1919.77 Safe working load increase. 1919.78 Nondestructive examinations. 1919.23 Means of derrick attachment. 1919.79 Wire rope. 1919.24 Limitations on use of wire rope. 1919.80 Heat treatment. 1919.25 Limitations on use of chains. 1919.81 Examination of bulk cargo loading or discharging spouts or suckers. Subpart E—Certification of Vessels: Tests 1919.90 Documentation. and Proof Loads; Heat Treatment; Competent Persons AUTHORITY: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657); Secretary of Labor’s Order No. 12–71 (36 1919.26 Visual inspection before tests. FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1919.27 Unit proof tests—winches, derricks 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR and gear accessory thereto. 31160), or 4–2010 (75 FR 55355), as applicable; 1919.28 Unit proof tests—cranes and gear ac- and 29 CFR 1911. cessory thereto. 1919.29 Limitations on safe working loads SOURCE: 39 FR 22096, June 19, 1974, unless and proof loads. otherwise noted. 1919.30 Examinations subsequent to unit tests. Subpart A—General Provisions 1919.31 Proof tests—loose gear. 1919.32 Specially designed blocks and com- § 1919.1 Purpose and scope. ponents. (a) The regulations in this Part im- 1919.33 Proof tests—wire rope. plement §§ 1915.115, 1917.50 and 1918.11 of 1919.34 Proof tests after repairs or alter- this chapter. They provide procedures ations. and standards governing accreditation 1919.35 Order of tests. of persons by the Occupational Safety 1919.36 Heat treatment. and Health Administration, U.S. De- 1919.37 Competent persons. partment of Labor, for the purpose of Subpart F—Accreditation To Certificate certificating vessels’ cargo gear and Shore-Based Equipment shore-based material handling devices, and the manner in which such certifi- 1919.50 Eligibility for accreditation to cer- cation shall be performed. tificate shore-based material handling (b) Accreditation is not required, and devices covered by § 1917.50 of this chap- the regulations of this part are not ap- ter, safety and health regulations for ma- plicable, under the following cir- rine terminals. cumstances: (1) When cargo gear certification is performed for vessels inspected and certificated under the authority of the

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U.S. Coast Guard, 1 or for foreign ves- (c) With reference to equipment cov- sels certificated under the require- ered by this part— ments of a foreign nation or by persons (1) Derrick means: acceptable for certification purposes by (i) When applied to vessels’ cargo a foreign nation. handling gear, a mechanical device for (2) When cargo gear certification is lifting, including a boom which is sus- performed for shore-based material pended at its head by a topping lift handling devices under standards es- from a mast, king post, or similar tablished and enforced by the States structure, controlled in the horizontal wherein the devices are located, or by plane by vangs, and used either singly political subdivisions delegated this re- or in pairs with married falls; sponsibility by the States, provided (ii) When applied to shore-based ma- such standards meet the requirements terial handling devices, a mechanical of § 1917.50(b)(2) of this chapter. device intended for lifting, with or (c) Persons not required to be accred- without a boom supported at its head ited for gear certification purposes, as by a topping lift from a mast, fixed A set forth in paragraph (b) of this sec- frame, or similar structure. The mast tion, may, nevertheless, apply for and or equivalent member may or may not receive accreditation by the Adminis- tration. The appropriate subparts of be supported by guys or braces. The this part shall apply to persons accred- boom, where fitted, may or may not be ited pursuant to this paragraph except controlled in the horizontal plane by insofar as exemptions may be granted. guys (vangs). The term includes shear legs. [39 FR 22096, June 19, 1974, as amended at 65 (2) Crane means a mechanical device, FR 40951, June 30, 2000] intended for lifting or lowering a load and moving it horizontally, in which § 1919.2 Definition of terms. the hoisting mechanism is an integral (a) Vessel means every description of part of the machine. A crane may be a watercraft or other artificial contriv- fixed or mobile machine. ance used, or capable of being used, as (3) Bulk cargo spout means a spout a means of transportation on water, in- which may or may not be telescopic cluding special-purpose floating struc- and may or may not have removable tures not primarily designed for or sections, but is suspended over the ves- used as a means of transportation on sel from some overhead structure by water. wire rope or other means. Such a spout (b) Except as otherwise noted, cargo is often used with a ‘‘thrower’’ or gear, as used in subparts B through E of ‘‘trimming machine’’. A grain loading this part, includes that gear forming a spout is an example of those covered by part of a vessel’s equipment which is this definition. used for the handling of cargo other (4) Bulk cargo sucker means a pneu- than bulk liquids, but does not include matic conveyor which utilizes a gear which is used only for handling or spoutlike device, which may be adjust- holding hoses, handling ships’ stores, or handling the gangway, or boom con- able vertically and/or laterally, and veyor belt. which is suspended over a vessel from some overhead structure by wire rope or other means. An example of an in- 1 Jurisdiction of the U.S. Coast Guard ex- stallation of this nature is the ‘‘grain tends to matters within the scope of title 52 sucker’’ used to discharge grain from of the Revised Statutes and Acts supplementary or amendatory thereto (46 U.S.C. 1– barges. 1388, passim); to matters within the regu- (d) Assistant Secretary means the As- latory authority of the U.S. Coast Guard sistant Secretary of Labor for Occupa- under the provisions of the Espionage Act of tional Safety and Health, U.S. Depart- June 15, 1917, as amended (40 Stat. 220; 50 ment of Labor, or his authorized rep- U.S.C. 191 et seq.; 22 U.S.C. 401 et seq.) or to resentative. matters within the regulatory authority of the U.S. Coast Guard under section 4(e) of (e) Administration means the Occupa- the Outer Continental Shelf Lands Act of tional Safety and Health Administra- Aug. 7, 1953 (67 Stat. 462; 43 U.S.C. 1333). tion, U.S. Department of Labor.

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(f) Person includes any individual, ment furnaces which are to be used in partnership, corporation, agency, asso- conducting required tests or heat ciation, or organization. treatments. Test reports indicating (g) Competent person means: that instruments meet the accuracy (1) An individual qualified to perform standards set forth in this part shall be gear certification functions with re- included; spect to vessels’ cargo handling gear, (3) A list setting forth the ports in as specifically set forth in § 1919.37. which applicant currently conducts his (2) An individual qualified under the business as well as those in which he provisions of subparts F and G of this proposes to conduct gear certification part to perform gear certification func- activities; tions with respect to shore-based mate- (4) A list of the applicant’s respon- rial handling devices. sible qualified personnel, both super- (h) Ton means a ton of 2,240 pounds visory and managerial and including when applied to vessels’ cargo handling any surveyors, with resumes of their gear, and a ton of 2,000 pounds when ap- individual experience in the testing, plied to shore-based material handling examination, inspection and heat devices or to shore-type cranes perma- treatment of cargo gear. Such list shall nently mounted aboard barges or other include any branch office personnel or vessels employed in domestic trade and surveyors appointed to act in the appli- designed on the basis of the 2,000-pound cant’s behalf in any of the ports of the ton. Capacity ratings may be stated in United States: Provided, however, That pounds. where the submission of individual re- (i) Nondestructive examination means sumes would be unduly burdensome be- examination of structure or parts by cause of the large number of persons electronic, ultrasonic, or other non- engaged in the applicant’s behalf, the destructive examination suitable for applicant, after stating this fact, need the purpose. only submit a list of its personnel together with a detailed statement of the Subpart B—Procedure Governing qualifications upon which the appoint- Accreditation ment of surveyors is based; (5) A detailed schedule of the fees § 1919.3 Application for accreditation. proposed to be charged for the various (a) Application. Any person seeking gear certification services; accreditation shall file an original and (6) Evidence of financial stability; duplicate copy of an application for ac- (7) Names of at least three business creditation with the Assistant Sec- references who will furnish information retary of Labor for Occupational Safe- regarding work performed by appli- ty and Health, United States Depart- cant; ment of Labor, Washington, D.C. 20210, (8) Any additional information the on a form provided by the Administra- applicant deems to be pertinent. tion for this purpose. Each application (Section 1919.3 contains a collection of infor- shall be signed and certified by the ap- mation which has been approved by the Of- plicant and, if the applicant is an agen- fice of Management and Budget under OMB cy or organization, by a responsible of- Control No. 1218–0003) ficer of such agency or organization. [39 FR 22096, June 19, 1974, as amended at 61 (b) Contents of application. The appli- FR 5509, Feb. 13, 1996] cation form shall include the following information: § 1919.4 Action upon application. (1) A statement detailing the applica- (a) Upon receipt of an application for ble types of work performed by the ap- accreditation, the Assistant Secretary plicant in the past, noting the amount shall approve or deny the application. and extent of such work performed The Assistant Secretary may conduct within the previous three years, listing an investigation, which may include a representative vessels involved, and in- hearing, prior to approving or denying cluding representative job orders, if an application. To the extent he deems available, or equivalent evidence; appropriate, the Assistant Secretary (2) Descriptive details concerning any may provide an opportunity to other testing instruments and heat treat- interested persons to present data and

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views on the application prior to ap- (iii) Shipbuilding or ship repairing, proval or denial. or both insofar as related to work on (b) Any application which fails to vessels’ cargo handling gear; present the information required by (iv) Unit and loose gear testing of the prescribed form may be returned to vessels’ cargo handling gear. the applicant with a notation of defi- (2) Applicants for accreditation under ciencies and without prejudice to subparagraph (a)(1) of this section for op- mission of a new or revised application. erations in coastal or Great Lakes (c) If the application is approved, no- ports who come within paragraph (a)(1) tice of approval shall be mailed to the (ii) or (iv) shall not be accredited un- applicant. If the application is denied, less they conduct at least 1,500 hours of notice of such denial shall be mailed to cargo gear certification work per year. the applicant and such denial shall be (b) A person applying for accredita- without prejudice to any subsequent tion to carry out tests of loose gear or application except where such action is wire rope, or both, or to carry out heat deemed to be in the public interest. In treatments, and to issue the related the event an application is denied with certificates, shall be engaged in one or prejudice, the provisions of § 1919.9 both of the following activities: shall be applicable. (1) Testing of loose gear or wire rope, (d) A copy of the notice of accredita- or both; tion shall be kept on file by applicant (2) Heat treatment of chains and at the applicant’s place of business. loose cargo gear. (c)(1) A person applying for accredi- § 1919.5 Duration and renewal of accreditation. tation shall be staffed by individuals technically qualified to conduct the in- The period of accreditation shall not spections and examinations and to con- exceed three years. Applications for re- duct or supervise tests and heat treat- newal of accreditation shall be made ments prescribed in this part. Any rep- on the same form as described in resentatives, agents or surveyors act- § 1919.3. No accreditation shall expire ing on behalf of a person applying for until action on an application for re- accreditation in ports in which such newal shall have been finally deter- operations are conducted shall be simi- mined, provided that such application larly qualified. has been properly executed in accord- (2) Accreditation to conduct such ance with § 1919.3 and filed with and re- nondestructive examination as may be ceived by the Assistant Secretary not a part of any certification activity may less than 15 nor more than 60 days prior be granted to applicants found com- to the expiration date. A final deter- petent and equipped to carry out this mination means either the approval or activity. initial denial of the application for renewal. The procedure specified in (d) Except as noted in § 1919.1(c), and § 1919.4 shall be applicable to all appli- unless exemptions are granted under cations for renewal. § 1919.10(h), a person applying for accreditation as specified in paragraph § 1919.6 Criteria governing accredita- (a) of this section shall be prepared to tion to certificate vessels’ cargo carry out all of the requirements of gear. subparts C, D, and E, of this part ex- (a)(1) A person applying for accredi- cept that loose gear and wire rope tests tation to issue registers and pertinent and heat treatments may be carried certificates, to maintain registers and out by the manufacturer of the gear appropriate records, and to conduct concerned or by another person accred- initial, annual and quinquennial sur- ited specifically for this purpose. veys, shall not be accredited unless (e) A person applying for accredita- that person is engaged in one or more tion shall have a satisfactory record of of the following activities: performance, and shall be in sound fi- (i) Classification of vessels; nancial condition. (ii) Certification of vessels’ cargo [39 FR 22096, June 19, 1974, as amended at 76 gear; FR 33610, June 8, 2011]

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§ 1919.7 Voluntary amendment or ter- ative of the Assistant Secretary, may mination of accreditation. within 15 days after such determina- The accreditation of any person may tion, file with the Assistant Secretary be voluntarily amended or terminated a written request for review. upon written request filed with the As- (e) A request for review shall be sistant Secretary. granted where reasonable grounds for the review are set forth in the request. § 1919.8 Suspension or revocation of (f) If a request for reconsideration or accreditation. review is granted, all interested per- The Assistant Secretary may suspend sons shall be afforded an opportunity or revoke the accreditation of any per- to present their views. son for cause. Except in cases of will- (g) No cargo gear certification func- fulness or cases in which the public in- tion shall be performed by any person terest requires otherwise, before any seeking reconsideration or review accreditation is suspended or revoked, under this section pending the final de- facts or conduct which may warrant cision with respect to such reconsider- such action shall be called to the at- ation or review. tention of the person involved in writing and that person shall be afforded an Subpart C—Duties of Persons Ac- opportunity to achieve or demonstrate credited To Certificate Ves- appropriate compliance. sels’ Cargo Gear § 1919.9 Reconsideration and review. § 1919.10 General duties; exemptions. (a) Any person aggrieved by the action of the Assistant Secretary or his (a) Except as noted in § 1919.1 and in authorized representative in denying, paragraph (h) of this section, the re- granting, suspending or revoking an quirements set forth in subparts D and accreditation under this part may E of this part shall be strictly adhered within 15 days after such action, (1) file to in all testing, examinations, inspec- a written request for reconsideration tions, and heat treatments. thereof by the Assistant Secretary or (b) Supervision of all testing, exami- the authorized representative of the nations, inspections, and heat treat- Assistant Secretary who made the de- ments shall be carried out only by such cision in the first instance, or (2) file a persons as are listed in the application written request for review of the deci- for accreditation, or subsequent supple- sion by the Assistant Secretary or an ments thereto, submitted pursuant to authorized representative of the Assist- this part. ant Secretary, who has taken no part (c) The certificates issued by an ac- in the action which is the subject for credited person shall be signed and all review. register entries made only by an au- (b) A request for reconsideration thorized agent of such accredited per- shall be granted where the applicant son. No certification shall be issued shows that there is additional evidence until any deficiencies considered by which may materially affect the deci- the accredited person to constitute a sion and that there were reasonable currently unsatisfactory condition grounds for failure to adduce such evi- have been corrected. Replacement dence in the original proceedings. parts shall be of equal or better quality (c) Any person aggrieved by the ac- as original equipment and suitable for tion of the Assistant Secretary or au- the purpose. In the event deficiencies thorized representative of the Assist- remain uncorrected and no certifi- ant Secretary in denying a request for cation may therefore be issued, the ac- reconsideration may, within 15 days credited person shall inform the near- after the denial of such request, file est District Office of the Administra- with the Assistant Secretary or his au- tion of the circumstances. thorized representative a written re- (d) Dynamometers or other recording quest for review. test equipment owned by an accredited (d) Any person aggrieved by the re- person shall have been tested for accu- considered determination of the Assist- racy within the six months next pre- ant Secretary or authorized represent- ceding application for accreditation or

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renewal of same. Such test shall be per- exemptions from any provision of sub- formed with calibrating equipment parts C, D, and E of this part. which has been checked in turn so that indications are traceable to the Na- § 1919.11 Recordkeeping and related tional Bureau of Standards. A copy of procedures concerning records in test reports shall accompany the appli- custody of accredited persons. cation. Where test equipment is not (a) An accredited person shall main- the property of the accredited person, tain records of all work performed that person shall not issue any certifi- under subparts D and E of this part. cate based upon the use of such equip- (b) An accredited person shall main- ment unless its owner has made avail- tain a continuous record of the status able a certificate of accuracy based on of the certification of each vessel the requirements of this paragraph, ob- issued a register by such person. tained within 1 year prior to such use and stating the errors of the equip- (c) The records required in para- ment. Reasonable standards of accu- graphs (a) and (b) of this section shall racy shall be met and proof loads ad- be available for examination by the As- justed as necessary. sistant Secretary. (e) An accredited person shall, upon (d) When annual or quinquennial request, provide the nearest local office tests, inspections, examinations, or of the Administration with advance in- heat treatments are performed by an formation as to scheduled testing or of accredited person, other than the per- such other functions as are performed son who originally issued the vessel’s and facilitate the Administration’s ob- register, such accredited person shall servation of any such activities as it furnish copies of any certificates issued may desire to witness: Provided, how- and information as to register entries ever, That tests need not be delayed, to the person originally issuing the except when specifically requested by register. the Administration under unusual cir- (e) An accredited person shall inform cumstances. the nearest local office of the Adminis- (f) All cargo gear registers or certifi- tration whenever a vessel is initially cates issued by an accredited person certificated under these regulations shall be made on forms prescribed or and a register in the prescribed form approved by the Administration. has been issued. (g) Unless otherwise instructed by (f) A copy of each certificate relating the Assistant Secretary in specific in- to unit tests or thorough examina- stances, any person accredited under tions, except those issued by the manu- § 1919.6(a) shall accept certificates, re- facturer and those issued by accredited lating to loose gear or wire rope tests or to heat treatments which are issued persons outside of the United States, by the manufacturer of the gear con- shall be sent to the nearest local office cerned, by another person accredited of the Administration within 10 days specifically by the Assistant Secretary after issuance. Such records shall form for this purpose, or by any other person a part of the Administration’s file on whose certificates are acceptable to the accredited person. the Administration. Such certificates (g) An accredited person shall shall either be attached as a part of the promptly notify the nearest local office vessel’s certification or shall be used as of the Administration with respect to the basis for the issuance of the accred- any changes in technical personnel, in ited person’s own loose gear, wire rope, fee schedules in geographical areas in or heat treatment certificates. In the which operations are conducted, or latter case, the original certificates other pertinent substantial changes in shall be kept on file by the accredited its organization or operations. person as part of the permanent record of the vessel concerned. [39 FR 22096, June 19, 1974, as amended at 76 (h) In case of practical difficulties or FR 33610, June 8, 2011] unnecessary hardships, the Assistant Secretary in his discretion may grant

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§ 1919.12 Recordkeeping and related domestic inland waters service, the procedures concerning records in certification documentation shall com- custody of the vessel. ply with the provisions of § 1919.90 of (a) A fully completed and up-to-date this part. register shall be kept in the form pre- [39 FR 22096, June 19, 1974, as amended at 76 scribed or approved by the Administra- FR 33610, June 8, 2011] tion, giving the particulars required with respect to: (1) The inspections and thorough ex- Subpart D—Certification of aminations required by § 1919.15(a) and Vessels’ Cargo Gear (b). (2) The thorough examinations re- § 1919.13 General. quired by § 1919.15(c). (a) Except as noted in § 1919.1 and as (3) The thorough examinations re- provided in exemptions under quired by § 1919.17. § 1919.10(h), certification performed by (4) The heat treatment required by accredited persons shall conform to the § 1919.16 (a) and (b), and § 1919.19. requirements contained in this sub- (b) Certificates in the form pre- part. scribed or approved by the Administra- (b) Safe working loads assigned to as- tion shall be kept up-to-date, be at- sembled units of gear, shall be based on tached to the register, and shall con- applicable design criteria acceptable to tain the particulars required with re- the accredited person. Where no design spect to: data on which to base a rating is ob- (1) The testing and examinations re- tainable, the safe working load ratings quired by §§ 1919.14, 1919.15(a), and assigned shall be based on the owner’s 1919.19. information and warranty that those (2) The heat treatment required by so assigned are correct. Unit test cer- §§ 1919.16 and 1919.19. tificates shall state the basis for any (c) The certificates and entries in the such safe working load assignment. register shall be signed by a person qualified under § 1919.37. § 1919.14 Initial tests of cargo gear and (d) Adequate means shall be provided tests after alterations, renewals or to enable persons examining the reg- repairs. ister, or any certificate attached there- (a)(1) Before being taken into use, to, to identify items of cargo gear referred to therein. Small items of gear, hoisting machines, fixed gear aboard such as shackles, shall bear a mark to vessels accessory thereto, and loose indicate that they have been initially gear and wire rope used in connection tested. therewith shall be tested and examined (e) Records shall be kept aboard ves- and the safe working load thereof cer- sels identifying wire rope or articles of tified in the manner set forth in sub- loose gear obtained from time to time part E of this part. and required to be certificated under (2) Replacement or additional loose the regulations of this part. gear and wire rope obtained from time (f) An accredited person shall in- to time shall also be tested and exam- struct the vessel’s officers, or the ves- ined in the manner set forth in para- sel’s operator if the vessel is un- graph (a)(1) of this section. However, manned, that the vessel’s register and the replacement of a component part of certificates shall be preserved for at an article of loose gear such as a least 5 years after the date of the latest sheave, pin, or bushing does not require entry except in the case of non- a new test certificate as long as the recurring test certificates concerning new component at least equals in all gear which is kept in use for a longer particulars the part replaced. period, in which event the pertinent (b) In the case of untested gear which certificates shall be retained so long as has been in use, an initial test in con- that gear is continued in use. formance with paragraph (a)(1) of this (g) In cases where derricks, spouts, section shall be carried out: Provided, suckers, or cranes are mounted perma- however, That existing standing rigging nently aboard barges which remain in and wire rope will not be required to be

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tested but shall be thoroughly exam- by means of a visual examination, sup- ined to ascertain its fitness for contin- plemented as necessary by other ued use in conformance with the re- means, such as a hammer test or with quirements of §§ 1919.24 and 1919.25. electronic, ultrasonic, or other non- (c) In the case of important alter- destructive methods, carried out as ations or renewals of the machinery carefully as conditions permit in order and gear and also after repairs due to to arrive at a reliable conclusion as to failure of or damage to other than the safety of the parts examined. Par- loose components, a test as required in ticular attention shall be paid to the paragraph (a)(1) of this section shall be suitability for continued use of all carried out. swivels and the pins and bushings of (d) If the operation in which cargo blocks. If necessary, parts of the ma- gear is engaged never utilizes more chines or gear shall be dismantled. If than a fraction of the safe working load rating, the owner may, at his op- blocks are disassembled, all shell bolt tion, have said gear certificated for, nuts shall be securely locked upon re- and limited in operation to, a lesser assembly. maximum safe working load: Provided, (d) Where a derrick or crane is however, That the gear concerned is mounted on a barge hull, and ballast physically capable of operation at the tanks within the hull are used to facili- original load rating and the load reduc- tate use of the derrick or crane, or un- tion is not for the purpose of avoiding controlled free surface may be a factor, correction of any deficiency. each annual inspection or examination, (e) In no case shall safe working as required, shall include such inspec- loads be increased beyond the original tion as is necessary for the purpose of design limitations unless such increase determining the integrity of any is based on engineering calculations by internals contributing to stability or acceptable to the accredited certifi- under conditions of use. The owner cation agency, and all necessary struc- shall provide the accredited person tural changes are carried out. with necessary information on any ballasting arrangements required. § 1919.15 Periodic tests, examinations and inspections. (e) Annual inspection or examination, as required, shall include, among After being taken into use, every other things, examination of the fol- hoisting machine, all fixed gear aboard lowing: vessels accessory thereto and loose gear used in connection therewith shall (1) Derrick heel attachment points. be tested, thoroughly examined or in- Heel pins may, if possible, be examined spected as follows: by nondestructive examination. (a) Derricks with their winches and (2) Shrouds and stays necessary in accessory gear, including the attach- the use of the gear, together with at- ments, as a unit; and cranes and other tachment points. hoisting machines with their accessory (3) Deck fittings for the securing of gear, as a unit, shall be tested and vangs, topping lifts, and/or preventers. thoroughly examined every 5 years in (4) Means of attachment to the hull the manner set forth in subpart E of of ‘‘A’’ frame or other fixed derrick or this part. crane structure and of mobile types of (b) Derricks, their permanent attach- equipment permanently placed aboard ments and any other fixed gear, the the barge or vessel. dismantling of which is especially dif- (5) Clamshell buckets or other simi- ficult, shall be visually inspected every lar equipment, such as magnets, etc., twelve months. In order to facilitate used in conjunction with a derrick or such inspection, all derricks shall be crane mounted aboard a vessel, with lowered. (c) All hoisting machines (e.g., particular attention to closing line cranes, winches, blocks, shackles, and wires and sheaves. The accredited per- all other accessory gear) not included son may supplement such examination in paragraph (b) of this section shall be by requesting any operational tests he thoroughly examined every 12 months may deem appropriate.

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(6) Winch and other operating drums (c) Grace periods shall not be deemed for excessive wear or defect. to extend subsequent due dates. [39 FR 22096, June 19, 1974, as amended at 76 [39 FR 22096, June 19, 1974, as amended at 76 FR 33610, June 8, 2011] FR 33610, June 8, 2011]

§ 1919.16 Heat treatment. § 1919.19 Gear requiring welding. (a) All chains (other than bridle Chains or other gear which have been chains attached to derricks or masts), lengthened, altered or repaired by rings, hooks, shackles, and swivels welding shall be properly heat treated made of wrought iron, which are used where necessary, and, before again in hoisting or lowering, shall be an- being put into use, shall be tested and nealed in accordance with § 1919.36 at reexamined in the manner set forth in the following intervals: subpart E of this part. (1) Half-inch and smaller chains, rings, hooks, shackles and swivels in § 1919.20 Damaged components. general use, at least once every six months; and (a) Pursuant to § 1918.51(b) of this (2) All other chains, rings, hooks, chapter, any derrick or associated per- shackles, and swivels in general use, at manent fitting which is deformed in least once every twelve months. service between surveys shall be sub- (3) In the case of gear used solely on jected to proof test to determine its lifting machinery worked by hand, suitability for continued service. If a twelve months shall be substituted for proof test indicates that the derrick or six months in paragraph (a)(1) of this associated permanent fitting may be section and two years for twelve continued in service without repair, a months in paragraph (a)(2) of this sec- note of the existing deformity shall be tion. made on the test certificate. When, in (4) When used in this paragraph, the the opinion of the accredited person, it term ‘‘in general use’’ means used on is unsafe to conduct a proof test with fifty-two or more days in a year. In any an existing deformity, the derrick or case, however, the period between associated permanent fitting shall be annealings shall not exceed two years. replaced or repaired and then subjected (b) Chains, rings, hooks, shackles, to proof test in accordance with sub- and swivels made of material other part E of this part. than wrought iron or steel shall be (b) Any loose gear components which heat treated when necessary in accord- are injured or deformed by a proof load ance with § 1919.36(b). shall be replaced before a certificate is issued. § 1919.17 Exemptions from heat treat- (c) Any derrick, other fixed installa- ment. tion, or associated permanent fitting Gear made of steel, or gear which which is injured or deformed by a proof contains (as in ball bearings swivels), load shall be replaced or repaired and or is permanently attached to (as with another proof load test shall be con- blocks) equipment made of materials ducted without damage before a certifi- which cannot be subjected to heat cate is issued. treatment shall be exempt from the requirements of § 1919.16. Such gear, how- § 1919.21 Marking and posting of safe ever, shall be thoroughly examined in working loads. the manner described in § 1919.15(c). (a) The safe working load of the assembled gear and the minimum angle § 1919.18 Grace periods. to the horizontal at which this load Grace periods allowed in connection may be applied shall be plainly marked with the requirements of this subpart at the heels of all booms along with the are as follows: date of the test. Where gear is certifi- (a) Annual or six-month require- cated for use in union purchase, the ments—by the end of the voyage during union purchase safe working load shall which they become due; also be plainly marked. Any limita- (b) Quinquennial requirements—with- tions shall be noted in the vessel’s pain six months after the date when due; pers.

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(b) The safe working load shall be shall consist of one continuous piece marked on all blocks used in hoisting without knot or splice. or lowering. (c) Eyes in the ends of wire rope (c) When the capacity of the boom of cargo falls shall not be formed by a crane or derrick has been or will be knots and, in single part falls, shall not rated in accordance with the variance be formed by wire rope clips. of its radius, the maximum safe work- (d) The ends of falls shall be secured ing loads for the various working an- to the winch drums by clamps, U-bolts, gles of the boom and the maximum and shackles or some other equally strong minimum radii at which the boom may method. Fiber rope fastenings shall not be safely used shall be conspicuously be used. posted near the controls and visible to (e) Wire rope shall not be used for the the crane operator. Ratings may be vessel’s cargo gear if in any length of stated in pounds. When they are stated eight diameters, the total number of in tons of 2,000 pounds, this fact shall visible broken wires exceeds 10 percent be indicated. of the total number of wires, or if the rope shows other signs of excessive § 1919.22 Requirements governing wear, corrosion, or defect. Particular braking devices and power sources. attention shall be given to the condi- All types of winches and cranes shall tion of those sections of wire rope adja- be provided with means to stop and cent to any terminal connections, hold the proof load in any position, and those sections exposed to abnormal the efficiency of such means shall be wear, and those sections not normally demonstrated. Electric winches, exposed for examination. electrohydraulic winches fitted with electromagnetic or hydraulic brakes at § 1919.25 Limitations on use of chains. the winch, or electric cranes shall be Chains forming a part of vessel’s equipped so that a failure of the elec- cargo gear shall not be used when, due tric power shall stop the motion and to stretch, the increase of length of a set the brakes without any action on measured section exceeds five percent, the part of the operator. Current for when a link is damaged, or when other operation of electric winches and external defects are evident. Chains cranes during the tests shall be taken shall not be shortened by bolting, wir- from the vessel’s circuits. Shore curing, or knotting. rent may be used if it passes through the vessel’s main switchboard. Subpart E—Certification of Ves- § 1919.23 Means of derrick attachment. sels: Tests and Proof Loads; Appropriate measures shall be taken Heat Treatment; Competent to prevent the foot of a derrick from Persons being accidentally lifted from its socket or support during the test. § 1919.26 Visual inspection before tests. § 1919.24 Limitations on use of wire Before any test under this subpart E rope. is carried out, a visual inspection of (a) An eye splice made in any wire the gear involved shall be conducted rope shall have at least three tucks and any visibly defective gear shall be with a whole strand of rope and two replaced or repaired. The provisions of tucks with one-half of the wires cut § 1919.15(d) shall be adhered to. out of each strand. However, this requirement shall not operate to pre- § 1919.27 Unit proof tests—winches, clude the use of another form of splice derricks and gear accessory there- or connection which can be shown to be to. as efficient and which is not prohibited (a) Winches, with the whole of the by part 1918 of this chapter. gear accessory thereto (including der- (b) Except for eye splices in the ends ricks, goosenecks, eye plates, eye bolts, of wires, each wire rope used in hoist- or other attachments), shall be tested ing or lowering, in guying derricks, or with a proof load which shall exceed as a topping lift, preventer or pendant the safe working load as follows:

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Safe working load Proof load rigs, the safe working load should generally be reduced. It is recommended Up to 20 tons ...... 25 percent in excess. 20–50 tons ...... 5 tons in excess. that owners obtain union purchase safe Over 50 tons ...... 10 percent in excess. working load certification based upon design study and analysis by, or ac- (b) The proof load shall be lifted with ceptable to, a qualified technical office the vessel’s normal tackle with the of an accredited gear certification derrick at an angle not more than 15 agency, with the recognition that such degrees to the horizontal, or, at the de- determinations are valid only for the signed minimum angle when this is conditions contemplated in the anal- greater, or, when this is impracticable, ysis. at the lowest practicable angle. The (2) Where both guys and preventers angle at which the test was made shall are fitted, union purchase certification be stated in the certificate of test. shall state whether the guy or the pre- After the proof load has been lifted, it venter is the working strength mem- shall be swung as far as possible in ber, when the guy is for slewing only, both directions. In applying the proof and when the guy and preventer should load, the design factors of the gear con- share working loads as far as prac- cerned will determine whether the load ticable. is applied with a single part fall or (h) When necessary in the proof test- with a purchase and the certificate of ing of heavy derricks, the appropriate test shall state the means used. Where shrouds and stays shall be rigged. winches are fitted with mechanical brakes for manual operation they shall § 1919.28 Unit proof tests—cranes and gear accessory thereto. be demonstrated to be in satisfactory operating condition. (a) Except as noted in paragraph (e) (c) In the case of heavy lift derrick of this section, cranes and other hoist- barges, proof loads shall be applied, ex- ing machines, together with gear accept as limited by design and stability cessory thereto, shall be tested with a considerations, at the maximum and proof load which shall exceed the safe minimum radii for which designed, as working load as follows: well as at any intermediate radius Safe working load Proof load which the surveyor may deem necessary, and shall be swung as far as Up to 20 tons ...... 25 percent in excess. 20–50 tons ...... 5 tons in excess. possible in both directions. Data with Over 50 tons ...... 10 percent in excess. respect to each proof load applied shall be entered in the test certificate. (b) The proof load shall be lifted and (d) No items of cargo gear furnished swung as far as possible in both direc- by outside sources shall be used as a tions. If the jib or boom of the crane part of the vessel’s gear for the purpose has a variable radius, it shall be tested of accomplishing the proof test. with proof loads, as specified in para- (e) All tests prescribed by this sec- graph (a) of this section, at the max- tion should in general be carried out by imum and minimum radii. In the case dead load, except that in the case of of hydraulic cranes, when due to the quadrennial tests, replacements, or re- limitation of pressure it is impossible newals, spring or hydraulic balances to lift a load 25 percent in excess of the may be used where dead loads are not safe working load, it will be sufficient reasonably available. However, no ex- to lift the greatest possible load. ception shall be allowed in the case of (c) Initial proof tests of new cranes gear on new vessels. shall be made only with a dead load as (f) The test shall not be regarded as specified in paragraph (b) of this sec- satisfactory unless the indicator re- tion. mains constant under the proof load (d) Initial tests of cranes which have for a period of at least 5 minutes. been in service, quadrennial tests, or (g)(1) The safe working load, deter- tests associated with replacements or mined pursuant to the requirements of renewals, may be made with spring or this section, shall be applicable only to hydraulic balances where dead loads a swinging derrick. When using two are not reasonably available under the fixed derricks in ‘‘union purchase’’ following conditions:

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(1) Tests shall be conducted at max- destructive methods, to determine if imum, minimum, and intermediate ra- any of the parts were damaged, de- dius points, as well as such points in formed, or otherwise rendered unsafe the arc of rotation as meet with the ap- for further use. proval of the accredited person. (b) When the test of gear referred to (2) An additional test shall be con- in paragraph (a) of this section is being ducted with partial load and shall in- conducted for the first time on a ves- clude all functions and movements sel, accessory gear shall be dismantled contemplated in the use of the crane. or disassembled for examination after (e) In cases where shore-type cranes the test. The sheaves and pins of the are mounted permanently aboard blocks included in this test need not be barges, the requirements of this Sub- removed unless there is evidence of depart E with respect to unit proof tests formation or failure. and examinations shall not apply and (c) For subsequent tests such parts of the applicable requirements of Subpart the gear shall be dismantled or dis- H of this part shall be adhered to with assembled after the test as necessary respect to unit proof tests and exami- to determine their suitability for con- nations. tinued service. (d) When blocks are disassembled all § 1919.29 Limitations on safe working shell bolt nuts shall be securely locked loads and proof loads. upon reassembly. The proof loads specified by §§ 1919.27 (e) In carrying out the requirements and 1919.28 shall be adjusted as nec- of this section, replacement shall be re- essary to meet any pertinent limita- quired of: tions based on stability and/or on (1) Any swivel found to have exces- structural competence at particular sive tolerance as a result of wear on radii. Safe working loads shall be re- any bearing surface. duced accordingly. (2) Pins of blocks found to be shoul- dered, notched, or grooved from wear, § 1919.30 Examinations subsequent to in which case, in addition to replacing unit tests. the pin, sheave bushings shall be exam- (a) After satisfactory completion of ined for suitability for continued use. the unit proof load tests required by §§ 1919.27 and 1919.28, the cargo gear and § 1919.31 Proof tests—loose gear. all component parts thereof shall be (a) Chains, rings, shackles and other given a thorough visual examination, loose gear (whether accessory to a ma- supplemented as necessary by other chine or not) shall be tested with a means, such as a hammer test or with proof load against the article equal to electronic, ultrasonic, or other non- that shown in the following table:

Article of gear Proof load

Chain, ring, hook, shackle or swivel ...... 100 percent in excess of the safe working load. Blocks: Single sheave block...... 300 percent in excess of the safe working load. 1 Multiple sheave block with safe working load up to and including 20 tons .. 100 percent in excess of the safe working load. Multiple sheave block with safe working load over 20 tons up to and in- 20 tons in excess of the safe working load. cluding 40 tons. Multiple sheave block with safe working load over 40 tons ...... 50 percent in excess of the safe working load. Pitched chains used with hand-operated blocks and rings, hooks, shackles 50 percent in excess of the safe working load. or swivels permanently attached thereto. Hand-operated blocks used with pitched chains and rings, hooks, shackles 50 percent in excess of the safe working load. or swivels permanently attached thereto. 1 The proof load applied to the block is equivalent to twice the maximum resultant load on the eye of pin of the block when lifting the nominal safe working load defined in (i) below. The proof load is, therefore, equal to four times the safe working load as defined in (i) below or twice the safe working load as defined in (ii) below. (i) The nominal safe working load of a single-sheave block should be the maximum load which can be safely lifted by the block when the load is attached to a rope which passes around the sheave of the block. (ii) In the case of a single-sheave block where the load is attached directly to the block instead of to a rope passing around the sheave, it is permissible to lift a load equal to twice the nominal safe working load of the block as defined in (i) above. (iii) In the case of a lead block so situated that an acute angle cannot be formed by the two parts of the rope passing over it (i.e., the angle is always 90° or more), the block need not have a greater nominal safe working load than one-half the maximum resultant load which can be placed upon it.

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(b) In cases where persons accredited § 1919.33 Proof tests—wire rope. to carry out loose gear tests may be retained to conduct tests of special steve- Wire rope, except as provided in doring gear as described in § 1918.61(b) § 1919.14(b), shall be tested by sample, a of this chapter, which does not form piece being tested to destruction, and part of a vessel’s equipment, such tests the safe working load of running ropes, shall adhere to the requirements set unless otherwise acceptable to the Ad- forth in § 1918.61(b) (1), (2), and (3) of ministration on the basis of design, this chapter. shall not exceed one-fifth of the break- (c) After being tested as required by ing load of the sample tested. In the paragraph (a) of this section, and be- case of running ropes used in gear with fore being taken into use, all chains, a safe working load exceeding 10 tons, rings, hooks, shackles, blocks or other the safe working load shall not exceed loose gear, except as noted in § 1919.32, one-fourth of the breaking load of the shall be thoroughly examined, the sample tested. sheaves and pins of the blocks being removed for this purpose, to determine § 1919.34 Proof tests after repairs or whether any part has been injured or alterations. permanently deformed by the test. When proof loads are applied after re- Shell bolt nuts shall be securely locked pairs or alterations, all parts of the as- upon reassembly. Defective loose gear components shall be replaced before sembled gear shall be examined as re- the certificate is issued. quired in §§ 1919.30, 1919.31(c), or (d) Any certificate relating to shack- 1919.32(c), whichever is applicable. les, swivels or strength members of single-sheave blocks which have been re- § 1919.35 Order of tests. stored to original dimensions by weld- When both unit and loose gear proof ing shall state this fact. load tests are required, the loose gear test may be carried out after comple- § 1919.32 Specially designed blocks tion of the unit test. and components. (a) Blocks and connecting compo- § 1919.36 Heat treatment. nents of an unusual nature which are (a) The annealing of wrought iron specially designed and constructed as an integral part of a particular lifting gear required by this part shall be ac- unit and are either permanently affixed complished at a temperature between or of such design that two or more 1100° and 1200 °F. and the exposure shall components must be tested together be of between 30 and 60 minutes dura- need not be considered as loose gear for tion. After being annealed, the gear purposes of § 1919.31. shall be allowed to cool slowly and (b) In lieu of the loose gear proof test shall then be carefully inspected. All required by § 1919.31(a), design data annealing shall be carried out in a shall be submitted to an accredited closed furnace. certification agency indicating design (b) When heat treatment of loose and material specifications and anal- gear made of other than wrought iron ysis whereby the designed strength of or steel is recommended by the manu- such gear may be determined. facturer, it shall be carried out in ac- (c) Subsequent to the test of the lift- cordance with the specifications of the ing unit as a whole, a thorough visual manufacturer. examination shall be made of disassembled parts and an electronic, ultra- § 1919.37 Competent persons. sonic, or other equally efficient nondestructive examination shall be made All gear certification functions shall of those parts not dismantled to ensure be performed by competent persons as the safe condition of such parts. set forth in the following table:

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Functions Competent person

Any testing, examination, inspection, or heat treatment re- Responsible individual, surveyor or other authorized agent of a quired in United States ports. person accredited by the Administration under the regulations contained in this part. Any testing, examination, inspection, or heat treatment re- Responsible individual, surveyor or other authorized agent of quired while the vessel is in other than United States ports. persons recognized by the Commandant of the United States Coast Guard or by a foreign nation whose certification is accepted by the Administration as being in substantial accordance with § 1918.12(a) of this chapter. Testing, examination and inspection of loose gear or wire Employees or authorized agents of persons accredited specifi- rope; heat treatment of loose gear. cally by the Administration for this purpose under the regulations contained in this part, or the manufacturer of the gear concerned unless disapproved by the Assistant Secretary.

Subpart F—Accreditation To Cer- proval, of the accredited certificating tificate Shore-Based Equip- agency. When equipment is found satis- ment factory for use upon any survey, said equipment may be used pending receipt § 1919.50 Eligibility for accreditation of notification of such approval or any to certificate shore-based material disapproval. handling devices covered by (4) In cases where equipment is cer- § 1917.50 of this chapter, safety and tificated by a person designated by the health regulations for marine ter- equipment owner, the cognizant ac- minals. credited certification agency retains (a) A person applying for accredita- the right to inspect such equipment as tion to carry out certification activi- desired and convenient in order to as- ties and to issue and maintain the req- certain the adequacy of the certifi- uisite records must be: cation activity performed. (1) A manufacturer of cranes or der- (c) Accreditation to conduct such ricks or of specialized equipment of the nondestructive examination as may be type for which accreditation applica- a part of any certification activity may tion is made, or a person or organiza- be granted to applicants found com- tion representing such a manufacturer petent and equipped to carry out this in a technical capacity; or activity. (2) Technically experienced and (d) Unless exemptions are granted at qualified to carry out examinations the discretion of the Assistant Sec- and/or testing, as applicable, of vessels retary in cases of practical difficulties or shore-based equipment or gear of the or unnecessary hardship, applicants for type for which accreditation applica- accreditation as specified in this section is made. tion shall be prepared to carry out all (b) The owner of shore-based equip- necessary functions, except that any ment affected may designate a member requisite wire rope tests, non- of his organization to carry out certifi- destructive examinations, and heat cation functions respecting the owner’s treatments may be carried out by the equipment, on the following condi- manufacturer of the gear concerned or tions: by another person accredited specifi- (1) The designee is technically experi- cally for these purposes. enced and qualified in the inspection (e) A person applying for accredita- and maintenance or design of the type tion shall have a satisfactory record of of equipment involved, aside from em- relevant experience and performance, ployment as an operator only. and shall be in sound financial condi- (2) The designee has applied to an action. credited, nationally operating certification agency and has been granted ap- § 1919.51 Provisions respecting appli- pointment or equivalent recognition by cation for accreditation, action that agency as a surveyor for the pur- upon the application, and related pose intended. matters. (3) Certification activities carried The provisions of §§ 1919.3, 1919.4, out by the designee are cleared through 1919.5, 1919.7, 1919.8, and 1919.9 shall the offices, and are subject to the ap- govern accreditation to certificate

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shore-based material handling devices (d) The qualifications of any person to the extent applicable. appointed or recognized by any accredited person for the purpose of carrying (Section 1919.51 contains a collection of in- out certification functions shall meet formation which has been approved by the Office of Management and Budget under with the approval of the Assistant Sec- OMB Control No. 1218–0003) retary. (e) Sections 1919.10(e) and (g) and [39 FR 22096, June 19, 1974, as amended at 61 1919.11 shall govern, to the extent ap- FR 5509, Feb. 13, 1996] plicable, persons accredited under subpart F of this part. Subpart G—Duties of Persons Ac- credited To Certificate Shore- Subpart H—Certification of Shore- Based Material Handling De- Based Material Handling Devices vices § 1919.70 General provisions. § 1919.60 General duties, exemptions. (a) Certification of shore-based mate- (a) The requirements of subpart H of rial handling devices shall conform to this part shall be strictly observed: the requirements contained in this sub- Provided, however, That in cases of part, except in cases for which exemp- practical difficulties or unnecessary tions or variations have been granted hardship, the Assistant Secretary in by the Assistant Secretary as provided his discretion may grant exemptions or in §§ 1919.50(d) and 1919.60(a). variations from any provision in that (b) Any replacements or repairs subpart. deemed necessary by the accredited (b) Except as otherwise noted in this person shall be carried out before ap- part, all functions required by subpart plication of a proof test. H of this part shall be carried out by or (c) Ton in this subpart means a ton of under the supervision of a person ac- 2,000 pounds. credited for the purpose or by his au- (d) When applied to shore-based ma- thorized representative. terial handling devices, ratings may be (c) All required unit proof load tests stated in pounds rather than tons. shall be carried out by the use of When stated in tons of 2,000 pounds, weights as a dead load. Only where this this fact shall be indicated. is not possible may dynamometers or other recording test equipment be § 1919.71 Unit proof test and examina- used. Any such recording test equip- tion of cranes. ment owned by an accredited person shall have been tested for accuracy (a) Unit proof tests of cranes shall be within the 6 months next preceding ap- carried out at the following times: plication for accreditation or renewal (1) In the cases of new cranes, before thereof. Such test shall be performed initial use and every 4 years thereafter. with calibrating equipment which has (2) In the cases of uncertificated been checked in turn so that indica- cranes which have been in use, at the tions are traceable to the National Bu- time of initial certification and every 4 reau of Standards. A copy of test re- years thereafter. ports shall accompany the accredita- (3) After important alterations and tion application. Where test equipment renewals and after repairs due to fail- is not the property of the accredited ure of, or damage to major compo- person, that person shall not issue any nents. certificate based upon the use of such (b) Unit proof load tests of cranes equipment unless its owner has made shall be carried out where applicable available a certificate of accuracy with the boom in the least stable direc- based on the requirements of this para- tion relative to the mounting, based on graph obtained within the year prior to the manufacturer’s specifications. such use, and stating the errors of the (c) Unit proof load tests shall be equipment. In any event, reasonable based on the manufacturer’s load rat- standards of accuracy shall be met and ings for the conditions of use and shall, proof loads adjusted as necessary. except in the case of bridge type cranes

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utilizing a trolley, consist of applica- sions of § 1919.24 shall apply in wire tion of a proof load of 10 percent in ex- rope examinations. Cracked or de- cess of the load ratings at maximum formed hooks shall be discarded and and minimum radii, and at such inter- not reused on any equipment subject to mediate radii as the certificating au- the provisions of part 1918 of this chap- thority may deem necessary in the cir- ter and this part 1919. cumstances. 1 Trolley equipped cranes (5) Rope reeving shall comply with shall be subject to a proof load of 25 manufacturer’s recommendations. percent in excess of the manufacturer’s (6) Deformed, cracked, or excessively load rating. In cases of foreign manu- corroded members in crane structure facture, the manufacturer’s specifica- and boom shall be repaired or replaced tions shall be subject to approval by as necessary. the certificating authority as being (7) Loose bolts, rivets, or other con- equivalent to U.S. practice. The weight nections shall be corrected. of all auxiliary handling devices such (8) Worn, cracked, or distorted parts as, but not limited to, magnets, hooks, affecting safe operation shall be cor- slings, and clamshell buckets, shall be rected. considered part of the load. (9) Brake and clutch system parts, (d) An examination shall be carried linings, pawls, and ratchets shall be ex- out in conjunction with each unit proof amined for excessive wear and free op- load test. The accredited person, or his eration. authorized representative, shall make (10) Load, boom angle, or other indi- a determination as to correction of de- cators shall be checked over their full ficiencies found. The examination shall range for any significant inaccuracy. A cover the following points as applica- boom angle or radius indicator shall be ble: fitted. (1) All functional operating mecha- (11) It shall be ascertained that there nisms shall be examined for improper is a durable rating chart visible to the function, maladjustment, and excessive operator, covering the complete range component wear, with particular atten- of the manufacturer’s capacity ratings tion to sheaves, pins, and drums. The at all operating radii, for all permis- examination shall include operation sible boom lengths and jib lengths, with partial load, in which all func- with alternate ratings for optional tions and movements, including, where equipment affecting such ratings. Nec- applicable, maximum possible rotation essary precautions or warnings shall be in both directions, are performed. included. Operating controls shall be (2) All safety devices shall be exam- marked or an explanation of controls ined for malfunction. shall be posted at the operator’s posi- (3) Lines, tanks, valves, drains, tion to indicate function. pumps, and other parts of air or hy- (12) Where used, clamshell buckets or draulic systems shall be examined for other similar equipment such as deterioration or leakage. magnets, etc., shall be carefully exam- (4) Loose gear components, such as ined in all respects, with particular at- hooks, including wire rope and wire tention to closing line wires and rope terminals and connections, shall sheaves. The accredited person may be checked with particular attention to supplement such examination by re- sections of wire rope exposed to abnor- questing any operational tests as may mal wear and to sections not normally be appropriate. exposed for examination. The provi- (13) Careful examination of the junction areas of removable boom sections, 1 The manufacturer’s load ratings are usu- particularly for proper seating, cracks, ally based upon percentage of tipping loads deformities, or other defects in secur- under some conditions and upon limitations ing bolts and in the vicinity of such of structural competence at others, as well bolts. as on other criteria such as type of crane (14) It shall be ascertained that no mounting, whether or not outriggers are used, etc. Some cranes utilizing a trolley counterweights in excess of the manu- may have only one load rating assigned and facturer’s specifications are fitted. applicable at any outreach. It is important (15) Such other examination or sup- that the manufacturer’s ratings be used. plemental functional tests shall be

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made as may be deemed necessary by cation and shall conform in all applica- the accredited person under the cir- ble respect with § 1919.71(d). cumstances. § 1919.75 Determination of crane or § 1919.72 Annual examination of derrick safe working loads and lim- cranes. itations in absence of manufacturer’s data. (a) In any year in which no quadrennial unit proof test is required, an ex- (a) In the event neither manufactur- amination shall be carried out by an er’s data nor design data on safe work- accredited person or his authorized rep- ing loads (including any applicable lim- resentative. Such examination shall be itations) are obtainable, the safe work- made not later than the anniversary ing load ratings assigned shall be based date of the quadrennial certification on the owner’s information and war- and shall conform with the require- ranty that those so assigned are cor- ments of § 1919.71(d). rect. Unit test certificates shall state the basis for any such safe working § 1919.73 Unit proof test and examina- load assignment. tion of derricks. § 1919.76 Safe working load reduction. (a) Unit proof tests of derricks shall be carried out at the same times as are (a) If the operation in which equip- specified in § 1919.71(a) for cranes. ment is engaged never utilizes more (b) Unit proof load tests and safe than a fraction of the safe working working load ratings shall be based on load rating, the owner of such equip- the design load ratings at the ranges of ment may, at his option, have the boom angles or operating radii. Unit crane or derrick certificated for and proof loads shall exceed the safe work- operated at a lesser maximum safe ing load as follows: working load in keeping with the use and based on radius and other perti- Safe working load Proof Load nent factors: Provided, however, That Up to 20 tons ...... 25 percent in excess. the equipment concerned is physically 20–50 tons ...... 5 tons in excess. capable of operation at the original Over 50 tons ...... 10 percent in excess. load rating and the load reduction is not for the purpose of avoiding correc- Proof loads shall be applied at the de- tion of any deficiency. signed maximum and minimum boom angles or radii, or, if this is impracti- § 1919.77 Safe working load increase. cable, as close to these as practicable. (a) In no case shall safe working The angles or radii of test shall be stat- loads be increased beyond the manufac- ed in the certificate of test. Proof loads turer’s ratings or original design limi- shall be swung as far as possible in tations unless such increase meets both directions. The weight of all aux- with the manufacturer’s approval. iliary handling devices shall be consid- Where the manufacturer’s services are ered a part of the load. not available, or where the equipment (c) After satisfactory completion of a is of foreign manufacture, engineering unit proof load test, the derrick and all design analysis by, or acceptable to, component parts thereof shall be care- the accredited certification agency is fully examined in accordance with the required. All necessary structural requirements of § 1919.71(d), as far as changes shall be carried out. applicable. § 1919.78 Nondestructive examina- § 1919.74 Annual examination of der- tions. ricks. (a) Wherever it is considered nec- (a) In any year in which no quadren- essary by the accredited person or his nial unit proof test is required, an ex- authorized representative and wherever amination shall be carried out by an it is practical and advisable to avoid accredited person or his authorized rep- disassembly of equipment, removal of resentative. Such annual examination pins, etc., examination of structure or shall be made not later than the anni- parts by electronic, ultrasonic, or versary date of the quadrennial certifi- other nondestructive methods may be

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carried out, provided that the proce- § 1919.90 Documentation. dure followed is acceptable to the As- (a) Documents issued respecting a sistant Secretary and the person car- certification function by an accredited rying out such examination is accred- person shall be on forms approved for ited or acceptable to the Assistant Sec- such use by the Assistant Secretary retary for the purpose. and shall so state. (b) Such documents shall be issued by § 1919.79 Wire rope. the accredited person to the owners of (a) Wire rope and replacement wire affected equipment, attesting to satis- rope shall be of the same size, same or factory compliance with applicable re- better grade, and same construction as quirements. The forms used shall con- originally furnished by the equipment tain the following information: manufacturer or contemplated in the (1) Unit proof tests where required— (i) Identification of crane or derrick design, unless otherwise recommended including manufacturer, model num- by the equipment or the wire rope ber, serial number, and ownership. manufacturer due to actual working (ii) Basis for assignment of safe condition requirements. In the absence worksigned (i.e., whether based on of specific requirements as noted, wire manufacturing load ratings, with the rope shall be of a size and construction ratings asturer’s ratings, whether for suitable for the purpose, and a safety any specific service, etc.). factor of 4 shall be adhered to, and (iii) Proof test details noting radii verified by wire rope test certificate. and proof loads, how applied, and, (b) Wire rope in use on equipment where applicable, direction relative to previously constructed and prior to ini- mounting. tial certification of said equipment (iv) A statement that the test and as- shall not be required to be tested, but sociated examination were conducted shall be subject to thorough examina- and all applicable requirements of this tion at the time of initial certification subpart are met. of the equipment. (v) Any necessary remarks or supplementary data, including limitations § 1919.80 Heat treatment. imposed and the reason thereof. (vi) Name of accredited person and (a) Wherever heat treatment of any identification of authorized representa- loose gear is recommended by the man- tive actually conducting test and/or ex- ufacturer, it shall be carried out in ac- amination. cordance with the specifications of the (vii) Authorized signature of accred- manufacturer. ited person; date and place of test and/ or examination. § 1919.81 Examination of bulk cargo (2) Annual examination of cranes or loading or discharging spouts or derricks— suckers. (i) Information specified in para- (a) Those portions of bulk cargo load- graphs (b)(1) (i), (v), (vi), and (vii) of ing or discharging spouts or suckers this section. which extend over vessels, together (ii) A statement that the required ex- with any portable extensions, rigging amination has been carried out and components, outriggers, and attach- that, in the opinion of the accredited ment points supporting them or any of person or his authorized representa- their components vertically, shall be tive, the equipment has been found in examined annually. The examination compliance in all applicable respects shall be carried out with particular at- with the requirements of this subpart. tention to the condition of wire rope (3) Annual examination of bulk cargo loading or discharging spouts or suck- and accessories. The equipment shall ers— not be considered satisfactory unless, (i) Specific identification of equip- in the opinion of the accredited person ment. or his authorized representative, it is (ii) A statement that examination deemed fit to serve its intended func- has been completed and that, in the tion. opinion of the accredited person or his

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authorized representative, the equip- est district office of the Administra- ment meets the criteria of § 1919.81(a). tion of the circumstances. (iii) Information specified in para- (Section 1919.90 contains a collection of in- graphs (b)(1) (v), (vi), and (vii) of this formation which has been approved by the section. Office of Management and Budget under (c) Certificates relating to wire rope, OMB Control No. 1218–0003) whether tested by or under the super- [39 FR 22096, June 19, 1974, as amended at 61 vision of the accredited person or by its FR 5509, Feb. 13, 1996] manufacturer and whether or not issued on the basis of the manufactur- PART 1920—PROCEDURE FOR er’s certificates, shall follow the gen- VARIATIONS FROM SAFETY AND eral format of a wire rope test form ap- HEALTH REGULATIONS UNDER proved by the Administration. THE LONGSHOREMEN’S AND (d) Accredited persons shall advise HARBOR WORKERS’ COMPENSA- owners of affected equipment of the ne- TION ACT cessity for maintaining required documentation or acceptable copies thereof Sec. available for inspection at or near the 1920.1 Purpose. worksite of the equipment involved. 1920.2 Variances. (1) Where initial and periodic tests as AUTHORITY: Sec. 41, Longshoremen’s and well as annual examinations are re- Harbor Workers’ Compensation Act (33 quired, documentation available for in- U.S.C. 941); sec. 6, Occupational Safety and Health Act of 1970 (29 U.S.C. 655). spection shall include the latest unit test certificate and any subsequent an- § 1920.1 Purpose. nual examination certificates, together This part governs the procedure for with wire rope test certificates relating the granting of variations from the to any replacements since the last unit safety and health regulations estab- test or annual examination. lished pursuant to section 41 of the (2) Where only annual examination is Longshoremen’s and Harbor Workers’ required, documentation available for Compensation Act. The part provides inspection shall include the latest an- the same procedures under this Act as nual examination certificate and wire are available for considering variances rope test certificates relating to any under the Williams-Steiger Occupa- wire replaced since the last annual ex- tional Safety and Health Act of 1970 (29 amination. U.S.C. 651 et seq.). (3) In the event that the heat treat- [37 FR 10800, May 31, 1972] ment of any loose gear is recommended by its manufacturer, the latest heat § 1920.2 Variances. treatment certificate, attesting to (a) Variances from standards in parts compliance with the manufacturer’s 1915 through 1918 of this chapter may specifications, shall be part of the be granted in the same circumstances available documentation. in which variances may be granted (e) No certification shall be issued under sections 6(b) (6)(A) or 6(d) of the until any deficiencies considered by Williams-Steiger Occupational Safety the accredited person to constitute a and Health Act of 1970 (29 U.S.C. 655). currently unsatisfactory condition The procedures for the granting of have been corrected. Replacement variances from Parts 1915–1918 of this parts shall be of equal or better quality chapter are those published in Part than original equipment and suitable 1905 of this chapter. (b) Any requests for variances shall for the purpose. In the event defi- also be considered requests for ciencies remain uncorrected and no variances under the Williams-Steiger certification therefore is issued, the ac- Occupational Safety and Health Act of credited person shall inform the near- 1970, and any variance from §§ 1910.13 through 1910.16 of this chapter which adopt parts 1915–1918 of this chapter, shall be deemed a variance from the

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standard under both the Longshore- Subpart A—Applicability of Rules; men’s and Harbor Workers’ Compensa- Definitions tion Act and the Williams-Steiger Oc- cupational Safety and Health Act of § 1921.1 Applicability of rules. 1970. This part provides rules of practice [37 FR 10800, May 31, 1972] for administrative hearings relating to the enforcement of section 41 of the PART 1921—RULES OF PRACTICE IN Longshoremen’s and Harbor Workers’ ENFORCEMENT PROCEEDINGS Compensation Act and the safety regu- UNDER SECTION 41 OF THE lations promulgated thereunder which LONGSHOREMEN’S AND HARBOR are published in parts 1915 and 1918 of this subtitle. This part applies only to WORKERS’ COMPENSATION ACT proceedings held under section 41(b)(5) of the Act. It does not apply to any Subpart A—Applicability of Rules; other administrative proceedings held Definitions under section 41 of the Act. Sec. 1921.1 Applicability of rules. § 1921.2 Definitions. 1921.2 Definitions. (a) Act means the Longshoremen’s and Harbor Workers’ Compensation Subpart B—Prehearing Procedures Act. 1921.3 Complaints. (b) Chief Hearing Examiner means the 1921.4 Answer. Chief Hearing Examiner, United States 1921.5 Motions and requests. Department of Labor, Washington DC 1921.6 Intervention. 20210. 1921.7 Stipulations of compliance. (c) Respondent means the person or 1921.8 Consent findings and order. organization proceeded against. 1921.9 Prehearing conferences. (d) Assistant Secretary means the As- sistant Secretary for Occupational Subpart C—Hearing and Related Matters Safety and Health. 1921.10 Appearances. 1921.11 Postponement or change of place of Subpart B—Prehearing Procedures hearing. 1921.12 Hearing. § 1921.3 Complaints. (a) Issuance. The Deputy Solicitor of Subpart D—Decision and Order Labor shall institute enforcement pro- 1921.13 Decision of the hearing examiner. ceedings by issuing a complaint and 1921.14 Exceptions. causing the complaint to be served 1921.15 Transmittal of record. upon the respondent. 1921.16 Decision and order of the Director. (b) Contents. The complaint shall contain a clear and concise factual state- Subpart E—Miscellaneous ment sufficient to inform the respond- 1921.17 Service; copies of documents and ent with reasonable definiteness of the pleadings. types of acts or practices alleged to 1921.18 Witnesses and fees. have occurred and to violate section 41 1921.19 Depositions. of the Act or the provisions of parts 1921.20 Subpoenas. 1915 and 1918 of this subtitle. 1921.21 Hearing examiners. (c) Amendments. At any time prior to 1921.22 Computation of time. the close of the hearing, the complaint AUTHORITY: Sec. 41, Longshoremen’s and may be amended in the discretion of Harbor Workers’ Compensation Act (33 the hearing examiner and on such U.S.C. 941); 5 U.S.C. 301. terms as he may approve. (d) Notice of hearing. The hearing ex- SOURCE: 27 FR 4165, May 2, 1962, unless otherwise noted. Redesignated at 28 FR 7909, aminer shall notify the parties of the Aug. 2, 1963, and further redesignated at 36 time and place for a hearing within 10 FR 25232, Dec. 31, 1971. days after the service of the complaint.

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§ 1921.4 Answer. and for good cause shown, permit any (a) Filing and service. Within 14 days interested person, including an em- after the service of the complaint, the ployer, employee, labor or trade orga- respondent shall file an answer with nization, or Federal or State agency, to the Chief Hearing Examiner. The an- intervene therein. The petition shall swer shall be signed by the respondent state with precision and particularity: or his attorney. (a) The petitioner’s relationship to (b) Contents; failure to file. The answer the matters involved in the pro- shall: ceedings, (1) Contain a statement of the facts (b) The nature of any material he in- which constitute the grounds of de- tends to present in evidence, fense, and shall specifically admit, ex- (c) The nature of any argument he in- plain, or deny, each of the allegations tends to make, and of the complaint unless the respondent (d) Any other reason that he should is without knowledge, in which case be allowed to intervene. the answer shall so state; or (2) State that the respondent admits § 1921.7 Stipulations of compliance. all of the allegations of the complaint. At any time prior to the issuance of The answer may contain a waiver of a complaint in the proceeding, the As- hearing. sistant Solicitor in charge of trial liti- Failure to file an answer to or plead gation may in his discretion, enter into specifically to any allegation of the stipulations with the prospective re- complaint shall constitute an admis- spondent, whereby the latter admits sion of such allegation. the material facts and agrees to dis- (c) Procedure upon admission of facts. continue the acts or practices which The admission, in the answer or by are intended to be set up as violative of failure to file an answer, of all the ma- the Act or parts 1915 and 1918 of this terial allegations of fact contained in subtitle. Such stipulations shall be ad- the complaint shall constitute a waiver missible as evidence of such acts and of hearing. Upon such admission of practices in any subsequent proceeding facts, the hearing examiner without in law or equity or under these regula- further hearing shall prepare his deci- tions against such person. sion in which he shall adopt as his proposed findings of fact the material § 1921.8 Consent findings and order. facts alleged in the complaint. The parties shall be given an opportunity to (a) General. At any time after the file exceptions to his decision, and to issuance of a complaint and prior to file briefs in support of the exceptions. the receiption of evidence in any proceeding, the respondent may move to § 1921.5 Motions and requests. defer the receipt of any evidence for a Motions or requests shall be filed reasonable time to permit negotiation with the Chief Hearing Examiner, ex- of an agreement containing consent cept that those made during the course findings and an order disposing of the of the hearing shall be filed with the whole or any part of the proceeding. hearing examiner or shall be stated The allowance of such deferment and orally and made part of the transcript. the duration thereof shall be in the dis- Each motion or request shall state the cretion of the hearing examiner, after particular order, ruling, or action de- consideration of the nature of the pro- sired, and the grounds therefor. The ceeding, the requirements of the public hearing examiner is authorized to rule interest, the representations of the upon all motions or requests filed or parties, and the probability of an made prior to the filing of his report. agreement being reached which will result in a just disposition of the issues § 1921.6 Intervention. involved. At any time after the institution of (b) Content. Any agreement con- proceedings and before the hearing ex- taining consent findings and an order aminer makes his decision, the hearing disposing of a proceeding shall also examiner may, upon petition in writing provide:

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(1) That the order shall have the Subpart C—Hearing and Related same force and effect as an order made Matters after full hearing; (2) That the entire record on which § 1921.10 Appearances. any order may be based shall consist (a) Representation. The parties may solely of the complaint and the agree- appear in person or by counsel. The ment; term ‘‘counsel’’ means a member in (3) A waiver of any further proce- good standing of the bar of a Federal dural steps before the hearing exam- Court or of the highest court of any iner or the Director; and State or Territory of the United (4) A waiver of any right to challenge States. or contest the validity of the findings (b) Failure to appear. In the event and order entered into in accordance that a party appears at the hearing and with the agreement. no party appears for the opposing side, (c) Submission. On or before the expi- the party who is present shall have an ration of the time granted for negotia- election to present his evidence in tions, the parties or their counsel may: whole or such portion thereof sufficient (1) Submit the proposed agreement to to make a prima facie case before the the hearing examiner for his consider- hearing examiner. Failure to appear at a hearing shall not be deemed to be a ation; or waiver of the right to be served with a (2) Inform the hearing examiner that copy of the hearing examiner’s decision agreement cannot be reached. and to file exceptions thereto. (d) Disposition. In the event an agreement containing consent findings and § 1921.11 Postponement or change of an order is submitted within the time place of hearing. allowed therefor, the hearing examiner If in the judgment of the hearing ex- within 30 days thereafter shall accept aminer convenience or necessity so re- such agreement by issuing his decision quires, he may postpone the time or based upon the agreed findings. change the place of the hearing.

§ 1921.9 Prehearing conferences. § 1921.12 Hearing. (a) Upon his own motion or the mo- (a) Order of proceeding; burden of tion of the parties, the hearing exam- proof. Except as may be determined iner may direct the parties or their otherwise by the hearing examiner, counsel to meet with him for a con- counsel supporting the complaint shall ference to consider: proceed first at the hearing. The As- (1) Simplification of the issues; sistant Solicitor of Labor in charge of (2) Necessity or desirability of trial litigation, supporting the com- amendments to pleadings for purposes plaint, shall have the burden of proof. of clarification, simplification, or limi- The burden of proof shall be satisfied tation; by a preponderance of the evidence. (b) Evidence—(1) In general. The testi- (3) Stipulations, admissions of fact mony of witnesses shall be upon oath and of contents and authenticity of or affirmation administered by the documents; hearing examiner and shall be subject (4) Limitation of the number of ex- to such cross-examination as may be pert witnesses; and required for a full and true disclosure (5) Such other matters as may tend of the facts. The hearing examiner to expedite the disposition of the pro- shall exclude evidence which is imma- ceeding. terial, irrelevant, or unduly repeti- (b) The record shall show the matters tious. disposed of by order and by agreement (2) Objections. If a party objects to in such pretrial conferences. The subse- the admission or rejection of any evi- quent course of the proceeding shall be dence or to the limitation of the scope controlled by such action. of any examination or cross-examination or the failure to limit such scope, he shall state briefly the grounds for

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such objection. Rulings on all objec- posals. Such proposals shall be served tions shall appear in the record. Only upon all parties, and shall contain ade- objections made before the hearing ex- quate references to the record and au- aminer may be relied upon subse- thorities relied upon. quently in the proceeding. (c) Decision of the hearing examiner. (3) Exceptions. Formal exception to an Within a reasonable time after the ter- adverse ruling is not required. mination of the time allowed for the (c) Official notice. Official notice may filing of proposed findings of fact, con- be taken of any material fact not ap- clusions of law, and orders, or after the pearing in evidence in the record, date of submission of an agreement which is among the traditional matters containing consent findings and order, of judicial notice and also concerning the hearing examiner shall prepare his which the Department by reason of its decision, which shall become the deci- functions is presumed to be expert: Pro- sion of the Assistant Secretary 20 days vided, That the parties shall be given after service thereof unless exceptions adequate notice, at the hearing or by are filed thereto, as provided in § 1921.14 reference in the hearing examiner’s de- except in cases dealt with in § 1921.8(b). cision of the matters so noticed, and Except in cases under § 1921.8(b) the de- shall be given adequate opportunity to cision of the hearing examiner shall in- show the contrary. (d) Oral argument before the hearing clude a statement of: examiner. Oral argument before the (1) Findings and conclusions, with hearing examiner may be allowed. reasons and bases, therefor, upon each However, such argument may be lim- material issue of fact, law, or discre- ited by the hearing examiner to any ex- tion presented on the record, and tent that he finds necessary for the ex- (2) An appropriate order. peditious disposition of the proceeding. Except in cases under § 1921.8(b), the de- (e) Transcript. Hearings shall be cision of the hearing examiner shall be stenographically reported. Copies of based upon a consideration of the the transcript may be obtained by the whole record and supported by reliable, parties upon written application filed probative, and substantial evidence and with the reporter, and upon the pay- upon the basis of the preponderance of ment of fees at the rate provided in the the evidence. agreement between the Assistant Sec- retary and the reporter. § 1921.14 Exceptions. Within 20 days after the date of the Subpart D—Decision and Order decision of the hearing examiner, the § 1921.13 Decision of the hearing ex- parties may file exceptions thereto aminer. with supporting reasons. Any party who desires to take exception to any (a) Filing of transcript of evidence. As matter set out in that decision shall soon as practicable after the close of transmit his exceptions in writing to the hearing, the reporter shall trans- the Chief Hearing Examiner, referring mit to the Chief Hearing Examiner the copies of the transcript of the testi- to the specific findings of fact, conclu- mony and the exhibits introduced in sions of law, or order excepted to, and evidence at the hearing except such the specific pages of transcript rel- copies of the transcript and exhibits as evant to the exceptions, and suggesting are forwarded to the hearing examiner. corrected findings of fact, conclusions (b) Proposed findings of fact, conclu- of law, or order. sions, and orders. Within 10 days after receipt of notice that the transcript of § 1921.15 Transmittal of record. the testimony has been filed or such Immediately following the period al- additional time as the hearing exam- lowed for filing exceptions, the hearing iner may allow, each party may file examiner shall transmit the record of with the hearing examiner proposed the proceeding to the Assistant Sec- findings of fact, conclusions of law, and retary. The record shall include: The order, together with a supporting brief pleadings, motions, and requests filed, including the reasons for any pro- and rulings thereon; the transcript of

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the testimony taken at the hearing, to- ing relief. If in his judgment, sufficient gether with the exhibits filed; any doc- cause has not been shown he shall so uments or papers filed in connection notify petitioner, who may then in with prehearing conferences; such pro- writing request a hearing. Upon receipt posed findings of fact, conclusions of of such request the Assistant Secretary law, and orders, and supporting rea- will refer the petition with its sup- sons, as may have been filed in connec- porting documents and the request to tion with the hearing; the hearing ex- the Chief Hearing Examiner who will aminer’s decision; and such exceptions, assign the matter for a hearing to be statements of objections, and briefs in held on not less than 10 days notice at support thereof, as may have been filed a time and place to be set by the hear- in the proceeding. ing examiner. The Deputy Solicitor of Labor may file a pleading and other- § 1921.16 Decision and order of the Di- wise appear in opposition to the peti- rector. tion. The hearing will be subject to all (a) Upon the basis of and after due of the provisions of §§ 1921.9 through consideration of the whole record, the 1921.22. Assistant Secretary shall render his de- [31 FR 11144, Aug. 23, 1966] cision, which shall adopt, modify, or set aside the findings, conclusions, and order contained in the decision of the Subpart E—Miscellaneous hearing examiner, and shall include a statement of the reasons or bases for § 1921.17 Service; copies of documents and pleadings. the action taken. With respect to the findings of fact, the Assistant Sec- (a) Manner of service. Service upon retary shall upset only those findings any party shall be made by the party that are clearly erroneous. Copies of filing the pleading or document by de- the decision and order shall be served livering a copy or mailing a copy to the upon the parties. last known address. If the person upon (b) When a final order of the Assist- whom service is made by mail resides ant Secretary issued pursuant to 500 miles or more from the party effect- § 1921.13(c) or paragraph (a) of this sec- ing service, such mailing must be by tion has been in force for 2 years or airmail. When a party is represented by more, a party may file with the Assist- an attorney the service may be upon ant Secretary a petition for modifica- the attorney. tion or vacation of the order. Such pe- (b) Proof of service. A certificate of tition must be in writing, and must be the person serving the pleading or based upon satisfactory compliance other document by personal delivery or with the order during the 24 months by mailing, setting forth the manner of immediately preceding the filing there- said service shall be proof of the serv- of and upon such changes in conditions ice of the pleading or other document. and circumstances as to demonstrate, (c) Service upon Department, number of if established, that a continuation of copies of pleading or other documents. An the order in full force and effect is no original and three copies of all plead- longer required to assure satisfactory ings and other documents shall be filed compliance with the regulations under with the Department of Labor, whether the order. Such changes in conditions to the Assistant Solicitor in charge of and circumstances as are relied upon trial litigation, the hearing examiner, must be expressly set forth together or the Assistant Secretary, as the case with the reasons why petitioner be- may be. lieves relief is justified and the precise nature of the relief sought. The peti- § 1921.18 Witnesses and fees. tion may be supported by affidavits as Witnesses subpoenaed by any party to matters of fact. shall be paid the same fees and mileage (c) If, after such investigation as the as are paid for like services in the Dis- Assistant Secretary deems appropriate, trict Courts of the United States. The in his judgment sufficient cause has witness fees and mileage shall be paid been shown to justify the relief re- by the party at whose instance the wit- quested, he will enter an order grant- nesses appear.

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§ 1921.19 Depositions. § 1921.20 Subpoenas. (a) When, how, and by whom taken. All applications for subpoenas ad For good cause shown, the testimony testificandum and subpoenas duces of any witness may be taken by deposi- tecum shall be made in writing to the tion in any proceeding, when a com- hearing examiner. Application for sub- plaint has been filed, whether at issue poenas duces tecum shall specify as ex- or not. Depositions may be taken oral- actly as possible the documents to be ly or upon written interrogatories be- produced, showing their general rel- fore any person designated by the hear- evancy and reasonable scope. ing examiner and having power to administer oaths. § 1921.21 Hearing examiners. (b) Application. Any party desiring to (a) Who presides. All hearings shall be take the deposition of a witness shall presided over by a hearing examiner make application in writing to the appointed under section 11 of the Ad- hearing examiner, setting forth the ministrative Procedure Act. reasons why such deposition should be (b) How assigned. The presiding hear- taken; the time when, the place where, ing examiner shall be designated by the and the name and post office address of Secretary or the Chief Hearing Exam- the person before whom the deposition iner. is to be taken; the name and address of (c) Powers. Hearing examiners shall each witness; and the subject matter have all powers necessary to the con- concerning which each witness is ex- duct of fair and impartial hearings, in- pected to testify. cluding the following: (c) Notice. Such notice as the hearing (1) To administer oaths and affirma- examiner shall order shall be given for tions; the taking of a deposition, but this (2) To issue subpoenas upon proper shall not be less than 5 days’ written applications as provided in § 1921.20; notice when the deposition is to be (3) To rule upon offers of proof and taken within the United States and not receive relevant evidence; less than 15 days’ written notice when (4) To take or cause to be taken depo- the deposition is to be taken elsewhere. sitions and to determine their scope; (d) Taking and receiving in evidence. (5) To regulate the course of the Each witness testifying upon deposi- hearing and the conduct of the parties tion shall be sworn, and the adverse and their counsel therein; party shall have the right to cross-ex- (6) To hold conferences for the settle- amine. The questions propounded and ment or simplification of the issues by the answers thereto, together with all consent of the parties; objections made, shall be reduced to (7) To consider and rule upon proce- writing, read to the witness, subscribed dural requests; by him, and certified by the officer. (8) To make and file decisions in con- Thereafter, the officer shall seal the formity with this part. deposition, with two copies thereof, in (9) To take any action authorized by an envelope and mail the same by reg- the rules in this part or in conformance istered mail to the hearing examiner. with the Administrative Procedure Subject to such objections to the ques- Act. tions and answers as were noted at the (d) Consultation. The hearing exam- time of taking the deposition and iner shall not consult any person or would be valid were the witness person- party on any fact in issue unless upon ally present and testifying, such depo- notice and opportunity for all parties sition may be read and offered in evi- to participate. dence by the party taking it as against (e) Disqualification of hearing exam- any party who was present or rep- iners. (1) When a hearing examiner resented at the taking of the deposi- deems himself disqualified to preside in tion or who had due notice thereof. No a particular proceeding, he shall with- part of a deposition shall be admitted draw therefrom by notice on the record in evidence unless there is a showing directed to the Chief Hearing Exam- that the reasons for the taking of the iner. deposition in the first instance exist at (2) Whenever any party shall deem the time of hearing. the hearing examiner for any reason to

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be disqualified to preside, or to con- (c) Administration means the Occupa- tinue to preside, in a particular pro- tional Safety and Health Administra- ceeding, that party shall file with the tion. Chief Hearing Examiner a motion to (d) Assistant Secretary means the As- disqualify and remove such hearing ex- sistant Secretary for Occupational aminer, such motion to be supported Safety and Health. by affidavits setting forth the alleged (e) Injury means accidental injury or grounds for disqualification. The Chief death arising out of and in the course Hearing Examiner shall rule upon the of employment, and such occupational motion. disease or infection as arises naturally (f) Contemptuous conduct; failure or re- out of such employment or as natu- fusal of a witness to appear or answer. In rally or unavoidably results from such the event of contemptuous conduct, in- accidental injury. cluding the failure or refusal of a witness to appear at any hearing or to an- § 1922.2 Purpose and scope. swer any question which has been ruled Whenever any serious injury results to be proper, the hearing examiner may from the employments covered by the take any action reasonable under 41 Act or whenever it is otherwise appro- CFR 50–203.8(l), promulgated under sec- priate, the Assistant Secretary may tion 5 of the Act of June 30, 1936 (41 appoint a Board of Investigation to U.S.C. 39). hold an investigational hearing during § 1921.22 Computation of time. the course of any investigation made under section 41 of the Act. This part Sundays and holidays shall be in- prescribes the manner in which any included in computing the time allowed vestigational hearings shall be con- for filing any document or paper under ducted. This part does not apply to any this part. When such time expires on a adjudicative proceedings held under Sunday or legal holiday, such period section 41(b)(5) of the Act. shall be extended to include the next following business day. § 1922.3 Composition of the Board. The Board shall be composed of three PART 1922—INVESTIGATIONAL members appointed by the Assistant HEARINGS UNDER SECTION 41 Secretary, one of whom shall be des- OF THE LONGSHOREMEN’S AND ignated as Chairman. All members HARBOR WORKERS’ COMPENSA- shall be employees of the United States TION ACT Department of Labor, and shall have experience in the field of maritime Sec. safety. 1922.1 Definitions. 1922.2 Purpose and scope. § 1922.4 Responsibilities of the Board; 1922.3 Composition of the Board. voting. 1922.4 Responsibilities of the Board; voting. (a) Determinations and recommenda- 1922.5 Notice of investigational hearings. tions. To the extent possible, the Board 1922.6 Investigational hearings. shall determine the facts, conditions, AUTHORITY: Sec. 41, Longshoremen’s and and circumstances relating to any in- Harbor Workers’ Compensation Act (33 jury or condition which is the subject U.S.C. 941); 5 U.S.C. 301. of investigation, the probable cause SOURCE: 27 FR 4168, May 2, 1962, unless oth- thereof, and shall recommend measures erwise noted. Redesignated at 28 FR 7909, which will provide the best means of Aug. 2, 1963, and further redesignated at 36 preventing future injuries or condi- FR 25232, Dec. 30, 1971. tions of similar character. The determinations and recommendations shall § 1922.1 Definitions. be made after hearing such witnesses (a) Act means the Longshoremen’s and receiving such documents and and Harbor Workers’ Compensation other data relating to the subject or Act. subjects of investigation as may be (b) Board means the Board of Inves- found available as a result of prelimi- tigation. nary investigation.

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(b) Report. Upon completion of the in- rehabilitation facility assisted by a vestigational hearing, the Board shall grant pursuant to section 12 or section file a report of its investigation with 13 of the Vocational Rehabilitation Act the Assistant Secretary. The report Amendments of 1965, 79 Stat. 1284, 1286. shall contain the determinations and [32 FR 3052, Feb. 18, 1967. Redesignated at 32 recommendations required under para- FR 4170, Mar. 17, 1967. Further redesignated graph (a) of this section. Any member at 36 FR 25232, Dec. 30, 1971] may file a separate report in order to express determinations, recommendations, or reasons for determinations or PART 1925—SAFETY AND HEALTH recommendations which differ from STANDARDS FOR FEDERAL SERV- those of a majority of the Board. ICE CONTRACTS (c) Voting. Actions of the Board, including the determinations and rec- Sec. ommendations required under para- 1925.1 Scope and application. graph (a) of this section, shall require a 1925.2 Safety and health standards. vote of a majority of its members. 1925.3 Records. AUTHORITY: Service Contracts Act of 1965 § 1922.5 Notice of investigational hear- (41 U.S.C. 351, et. seq.); 5 U.S.C. 301. ings. The Chairman of the Board shall give § 1925.1 Scope and application. reasonable notice of the time and place (a) The McNamara-O’Hara Service of any investigational hearing to any Contract Act of 1965 (79 Stat. 1034, 41 person whose conduct is or may be per- U.S.C. 351, et seq.) requires that every tinent to the subjects of investigation; contract entered into by the United to any prospective witnesses; and to States or the District of Columbia in any Federal or State agency engaged in excess of $2,500 (except as provided in similar investigative work. section 7 of the Act), the principal purpose of which is to furnish services in § 1922.6 Investigational hearings. the United States through the use of The Chairman shall regulate the service employees, must contain, course of the hearing; dispose of proce- among other provisions, a stipulation dural requests, objections, and related that ‘‘no part of the services covered matters; and confine the hearing to the by this Act will be performed in build- matters for which the Board is respon- ings or surroundings or under working sible. In the performance of these du- conditions, provided by or under the ties, the Chairman may be assisted by control or supervision of the con- counsel assigned by the Solicitor of tractor or any subcontractor, which Labor. In the discretion of the Board, are unsanitary or hazardous or dan- the hearing may be stenographically gerous to the health or safety of serv- reported. When the hearing is so re- ice employees engaged to furnish the ported, copies of the transcript may be services.’’ This part 1925 expresses cer- obtained upon such terms as the Chair- tain minimum safety and health stand- man may provide. ards which will be applied in the administration and enforcement of the PART 1924—SAFETY STANDARDS Act to determine whether services cov- APPLICABLE TO WORKSHOPS ered by the Act are being, or have been, performed in compliance with its safe- AND REHABILITATION FACILITIES ty and health requirements. ASSISTED BY GRANTS (b)(1) Investigators conducting investigations and all officers of the Depart- AUTHORITY: Secs. 12, 13, Vocational Reha- ment of Labor evaluating, reviewing bilitation Act Amendments of 1965 (29 U.S.C. and analyzing investigations, as well as 41a, 41b). officers of the Department determining whether there are or have been viola- § 1924.1 Applicable safety standards. tions of the safety and health require- The safety standards provided in 41 ments of the Service Contract Act of CFR part 50–204 shall have effect to the 1965 or any contract subject thereto extent applicable to any workshop or and the terms on which there may be a

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settlement of issues arising from an in- (e) Compliance with the standards ex- vestigation without resort to adminis- pressed in this part 1925 will not relieve trative or judicial litigation, will con- anyone from any obligation he may sider a failure to comply with the safe- have to comply with any stricter ty and health measures provided in standard, such as state or local law or § 1925.2 to result in working conditions ordinance or collective bargaining which are ‘‘unsanitary or hazardous or agreement. dangerous to the health or safety of service employees’’ within the meaning [32 FR 21036, Dec. 30, 1967, as amended at 36 of section 2(a)(3) of the Act and the FR 9866, May 29, 1971. Redesignated at 36 FR contract stipulation it requires. 25232, Dec. 30, 1971] (c) [Reserved] (d) The standards expressed in this § 1925.2 Safety and health standards. part 1925 are for application to ordi- Every contractor and subcontractor nary employment situations, and do shall comply with the safety and not preclude proof or recognition of the health standards published in 41 CFR necessity for additional standards in part 50–204, including any matters in- employment situations of extraor- corporated by reference therein. dinary hazard. Neither do the standards expressed in this Part 1925 purport [36 FR 9866, May 29, 1971. Redesignated at 36 to cover all of the working conditions FR 25232, Dec. 30, 1971] which are unsanitary or hazardous or dangerous to the health or safety of § 1925.3 Records. service employees. Other working con- Every contractor or subcontractor ditions may be found to be unsanitary shall comply with the recordkeeping or hazardous or dangerous to the requirements of 29 CFR part 1904. health or safety of such employees on evidence to that effect. [40 FR 3593, Jan. 23, 1975]

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A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected

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Title 1—General Provisions

I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) III Administrative Conference of the United States (Parts 300—399) IV Miscellaneous Agencies (Parts 400—599) VI National Capital Planning Commission (Parts 600—699)

Title 2—Grants and Agreements

SUBTITLE A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS I Office of Management and Budget Governmentwide Guidance for Grants and Agreements (Parts 2—199) II Office of Management and Budget Guidance (Parts 200—299) SUBTITLE B—FEDERAL AGENCY REGULATIONS FOR GRANTS AND AGREEMENTS III Department of Health and Human Services (Parts 300—399) IV Department of Agriculture (Parts 400—499) VI Department of State (Parts 600—699) VII Agency for International Development (Parts 700—799) VIII Department of Veterans Affairs (Parts 800—899) IX Department of Energy (Parts 900—999) X Department of the Treasury (Parts 1000—1099) XI Department of Defense (Parts 1100—1199) XII Department of Transportation (Parts 1200—1299) XIII Department of Commerce (Parts 1300—1399) XIV Department of the Interior (Parts 1400—1499) XV Environmental Protection Agency (Parts 1500—1599) XVIII National Aeronautics and Space Administration (Parts 1800— 1899) XX United States Nuclear Regulatory Commission (Parts 2000—2099) XXII Corporation for National and Community Service (Parts 2200— 2299) XXIII Social Security Administration (Parts 2300—2399) XXIV Department of Housing and Urban Development (Parts 2400— 2499) XXV National Science Foundation (Parts 2500—2599) XXVI National Archives and Records Administration (Parts 2600—2699)

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XXVII Small Business Administration (Parts 2700—2799) XXVIII Department of Justice (Parts 2800—2899) XXIX Department of Labor (Parts 2900—2999) XXX Department of Homeland Security (Parts 3000—3099) XXXI Institute of Museum and Library Services (Parts 3100—3199) XXXII National Endowment for the Arts (Parts 3200—3299) XXXIII National Endowment for the Humanities (Parts 3300—3399) XXXIV Department of Education (Parts 3400—3499) XXXV Export-Import Bank of the United States (Parts 3500—3599) XXXVI Office of National Drug Control Policy, Executive Office of the President (Parts 3600—3699) XXXVII Peace Corps (Parts 3700—3799) LVIII Election Assistance Commission (Parts 5800—5899) LIX Gulf Coast Ecosystem Restoration Council (Parts 5900—5999)

Title 3—The President

I Executive Office of the President (Parts 100—199)

Title 4—Accounts

I Government Accountability Office (Parts 1—199)

Title 5—Administrative Personnel

I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) IV Office of Personnel Management and Office of the Director of National Intelligence (Parts 1400—1499) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Parts 2100—2199) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Parts 3200—3299) XXIII Department of Energy (Parts 3300—3399) XXIV Federal Energy Regulatory Commission (Parts 3400—3499) XXV Department of the Interior (Parts 3500—3599) XXVI Department of Defense (Parts 3600—3699)

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XXVIII Department of Justice (Parts 3800—3899) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII Overseas Private Investment Corporation (Parts 4300—4399) XXXIV Securities and Exchange Commission (Parts 4400—4499) XXXV Office of Personnel Management (Parts 4500—4599) XXXVI Department of Homeland Security (Parts 4600—4699) XXXVII Federal Election Commission (Parts 4700—4799) XL Interstate Commerce Commission (Parts 5000—5099) XLI Commodity Futures Trading Commission (Parts 5100—5199) XLII Department of Labor (Parts 5200—5299) XLIII National Science Foundation (Parts 5300—5399) XLV Department of Health and Human Services (Parts 5500—5599) XLVI Postal Rate Commission (Parts 5600—5699) XLVII Federal Trade Commission (Parts 5700—5799) XLVIII Nuclear Regulatory Commission (Parts 5800—5899) XLIX Federal Labor Relations Authority (Parts 5900—5999) L Department of Transportation (Parts 6000—6099) LII Export-Import Bank of the United States (Parts 6200—6299) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Parts 6400—6499) LV National Endowment for the Arts (Parts 6500—6599) LVI National Endowment for the Humanities (Parts 6600—6699) LVII General Services Administration (Parts 6700—6799) LVIII Board of Governors of the Federal Reserve System (Parts 6800— 6899) LIX National Aeronautics and Space Administration (Parts 6900— 6999) LX United States Postal Service (Parts 7000—7099) LXI National Labor Relations Board (Parts 7100—7199) LXII Equal Employment Opportunity Commission (Parts 7200—7299) LXIII Inter-American Foundation (Parts 7300—7399) LXIV Merit Systems Protection Board (Parts 7400—7499) LXV Department of Housing and Urban Development (Parts 7500— 7599) LXVI National Archives and Records Administration (Parts 7600—7699) LXVII Institute of Museum and Library Services (Parts 7700—7799) LXVIII Commission on Civil Rights (Parts 7800—7899) LXIX Tennessee Valley Authority (Parts 7900—7999) LXX Court Services and Offender Supervision Agency for the District of Columbia (Parts 8000—8099) LXXI Consumer Product Safety Commission (Parts 8100—8199) LXXIII Department of Agriculture (Parts 8300—8399)

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LXXIV Federal Mine Safety and Health Review Commission (Parts 8400—8499) LXXVI Federal Retirement Thrift Investment Board (Parts 8600—8699) LXXVII Office of Management and Budget (Parts 8700—8799) LXXX Federal Housing Finance Agency (Parts 9000—9099) LXXXIII Special Inspector General for Afghanistan Reconstruction (Parts 9300—9399) LXXXIV Bureau of Consumer Financial Protection (Parts 9400—9499) LXXXVI National Credit Union Administration (Parts 9600—9699) XCVII Department of Homeland Security Human Resources Manage- ment System (Department of Homeland Security—Office of Personnel Management) (Parts 9700—9799) XCVIII Council of the Inspectors General on Integrity and Efficiency (Parts 9800—9899) XCIX Military Compensation and Retirement Modernization Commis- sion (Parts 9900—9999) C National Council on Disability (Parts 10000—10049) CI National Mediation Board (Part 10101)

Title 6—Domestic Security

I Department of Homeland Security, Office of the Secretary (Parts 1—199) X Privacy and Civil Liberties Oversight Board (Parts 1000—1099)

Title 7—Agriculture

SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agri- culture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700— 799) VIII Grain Inspection, Packers and Stockyards Administration (Fed- eral Grain Inspection Service), Department of Agriculture (Parts 800—899)

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IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI Rural Telephone Bank, Department of Agriculture (Parts 1600— 1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XX Local Television Loan Guarantee Board (Parts 2200—2299) XXV Office of Advocacy and Outreach, Department of Agriculture (Parts 2500—2599) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy Policy and New Uses, Department of Agri- culture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV National Institute of Food and Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299)

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I Department of Homeland Security (Parts 1—499) V Executive Office for Immigration Review, Department of Justice (Parts 1000—1399)

Title 9—Animals and Animal Products

I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)

Title 10—Energy

I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XIII Nuclear Waste Technical Review Board (Parts 1300—1399) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Parts 1800—1899)

Title 11—Federal Elections

I Federal Election Commission (Parts 1—9099) II Election Assistance Commission (Parts 9400—9499)

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts 1—199) II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V (Parts 500—599) [Reserved] VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) X Bureau of Consumer Financial Protection (Parts 1000—1099) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XII Federal Housing Finance Agency (Parts 1200—1299) XIII Financial Stability Oversight Council (Parts 1300—1399)

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XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVI Office of Financial Research (Parts 1600—1699) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)

Title 13—Business Credit and Assistance

I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Com- merce (Parts 300—399) IV Emergency Steel Guarantee Loan Board (Parts 400—499) V Emergency Oil and Gas Guaranteed Loan Board (Parts 500—599)

Title 14—Aeronautics and Space

I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—1199) V National Aeronautics and Space Administration (Parts 1200— 1299) VI Air Transportation System Stabilization (Parts 1300—1399)

Title 15—Commerce and Foreign Trade

SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Industry and Security, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI National Technical Information Service, Department of Com- merce (Parts 1100—1199)

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XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399) [Reserved]

Title 16—Commercial Practices

I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)

Title 17—Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)

Title 18—Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)

Title 19—Customs Duties

I U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury (Parts 0—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV U.S. Immigration and Customs Enforcement, Department of Homeland Security (Parts 400—599) [Reserved]

Title 20—Employees’ Benefits

I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499)

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IV Employees’ Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Office of Workers’ Compensation Programs, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 1000—1099)

Title 21—Food and Drugs

I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)

Title 22—Foreign Relations

I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V Broadcasting Board of Governors (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Millennium Challenge Corporation (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)

Title 23—Highways

I Federal Highway Administration, Department of Transportation (Parts 1—999)

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II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) II Office of Assistant Secretary for Housing-Federal Housing Com- missioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Develop- ment (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—1699) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XV Emergency Mortgage Insurance and Loan Programs, Depart- ment of Housing and Urban Development (Parts 2700—2799) [Reserved] XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXIV Board of Directors of the HOPE for Homeowners Program (Parts 4000—4099) [Reserved] XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

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I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—899) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900—999) VI Office of the Assistant Secretary, Indian Affairs, Department of the Interior (Parts 1000—1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Parts 1200—1299)

Title 26—Internal Revenue

I Internal Revenue Service, Department of the Treasury (Parts 1— End)

Title 27—Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (Parts 1—399) II Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart- ment of Justice (Parts 400—699)

Title 28—Judicial Administration

I Department of Justice (Parts 0—299) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799) VIII Court Services and Offender Supervision Agency for the District of Columbia (Parts 800—899) IX National Crime Prevention and Privacy Compact Council (Parts 900—999) XI Department of Justice and Department of State (Parts 1100— 1199)

Title 29—Labor

SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199)

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II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Employee Benefits Security Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)

Title 30—Mineral Resources

I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Bureau of Safety and Environmental Enforcement, Department of the Interior (Parts 200—299) IV Geological Survey, Department of the Interior (Parts 400—499) V Bureau of Ocean Energy Management, Department of the Inte- rior (Parts 500—599) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999) XII Office of Natural Resources Revenue, Department of the Interior (Parts 1200—1299)

Title 31—Money and Finance: Treasury

SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799)

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VIII Office of Investment Security, Department of the Treasury (Parts 800—899) IX Federal Claims Collection Standards (Department of the Treas- ury—Department of Justice) (Parts 900—999) X Financial Crimes Enforcement Network, Department of the Treasury (Parts 1000—1099)

Title 32—National Defense

SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799) VII Department of the Air Force (Parts 800—1099) SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE- FENSE XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XVII Office of the Director of National Intelligence (Parts 1700—1799) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899)

Title 33—Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts 1—199) II Corps of Engineers, Department of the Army, Department of De- fense (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499)

Title 34—Education

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399)

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IV Office of Career, Technical and Adult Education, Department of Education (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) [Reserved] VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) [Reserved] SUBTITLE C—REGULATIONS RELATING TO EDUCATION XI (Parts 1100—1199) [Reserved] XII National Council on Disability (Parts 1200—1299)

Title 35 [Reserved]

Title 36—Parks, Forests, and Public Property

I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VI [Reserved] VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XV Oklahoma City National Memorial Trust (Parts 1500—1599) XVI Morris K. Udall Scholarship and Excellence in National Environ- mental Policy Foundation (Parts 1600—1699)

Title 37—Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department of Commerce (Parts 1—199) II U.S. Copyright Office, Library of Congress (Parts 200—299) III Copyright Royalty Board, Library of Congress (Parts 300—399) IV National Institute of Standards and Technology, Department of Commerce (Parts 400—599)

Title 38—Pensions, Bonuses, and Veterans’ Relief

I Department of Veterans Affairs (Parts 0—199) II Armed Forces Retirement Home (Parts 200—299)

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I United States Postal Service (Parts 1—999) III Postal Regulatory Commission (Parts 3000—3099)

Title 40—Protection of Environment

I Environmental Protection Agency (Parts 1—1099) IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599) VI Chemical Safety and Hazard Investigation Board (Parts 1600— 1699) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799) VIII Gulf Coast Ecosystem Restoration Council (Parts 1800—1899)

Title 41—Public Contracts and Property Management

SUBTITLE A—FEDERAL PROCUREMENT REGULATIONS SYSTEM [NOTE] SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS 50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans’ Employment and Training Service, Department of Labor (Parts 61–1—61–999) 62—100 [Reserved] SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 102 Federal Management Regulation (Parts 102–1—102–299) 103—104 [Reserved] 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) 129—200 [Reserved] SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED] SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM [RESERVED] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300–99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99)

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302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–1—303–99) 304 Payment of Travel Expenses from a Non-Federal Source (Parts 304–1—304–99)

Title 42—Public Health

I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) II—III [Reserved] IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400—699) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1099)

Title 43—Public Lands: Interior

SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS I Bureau of Reclamation, Department of the Interior (Parts 400— 999) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10099)

Title 44—Emergency Management and Assistance

I Federal Emergency Management Agency, Department of Home- land Security (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)

Title 45—Public Welfare

SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services (Parts 400—499)

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V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) IX Denali Commission (Parts 900—999) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200— 1299) XIII Administration for Children and Families, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission of Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Parts 2300—2399) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)

Title 46—Shipping

I Coast Guard, Department of Homeland Security (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Homeland Security (Parts 400—499) IV Federal Maritime Commission (Parts 500—599)

Title 47—Telecommunication

I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399) IV National Telecommunications and Information Administration, Department of Commerce, and National Highway Traffic Safe- ty Administration, Department of Transportation (Parts 400— 499) V The First Responder Network Authority (Parts 500—599)

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1 Federal Acquisition Regulation (Parts 1—99) 2 Defense Acquisition Regulations System, Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management, Federal Employees Health Benefits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 Broadcasting Board of Governors (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999) 30 Department of Homeland Security, Homeland Security Acquisi- tion Regulation (HSAR) (Parts 3000—3099) 34 Department of Education Acquisition Regulation (Parts 3400— 3499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) [Reserved] 54 Defense Logistics Agency, Department of Defense (Parts 5400— 5499) 57 African Development Foundation (Parts 5700—5799) 61 Civilian Board of Contract Appeals, General Services Adminis- tration (Parts 6100—6199) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)

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SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Pipeline and Hazardous Materials Safety Administration, De- partment of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Homeland Security (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board (Parts 1000—1399) XI Research and Innovative Technology Administration, Depart- ment of Transportation (Parts 1400—1499) [Reserved] XII Transportation Security Administration, Department of Home- land Security (Parts 1500—1699)

Title 50—Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199) II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)

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VerDate Sep<11>2014 13:01 Sep 16, 2019 Jkt 247122 PO 00000 Frm 00411 Fmt 8092 Sfmt 8092 Q:\29\29V7.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB VerDate Sep<11>2014 13:01 Sep 16, 2019 Jkt 247122 PO 00000 Frm 00412 Fmt 8092 Sfmt 8092 Q:\29\29V7.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Alphabetical List of Agencies Appearing in the CFR (Revised as of July 1, 2019)

CFR Title, Subtitle or Agency Chapter Administrative Conference of the United States 1, III Advisory Council on Historic Preservation 36, VIII Advocacy and Outreach, Office of 7, XXV Afghanistan Reconstruction, Special Inspector General for 5, LXXXIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development 2, VII; 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture, Department of 2, IV; 5, LXXIII Advocacy and Outreach, Office of 7, XXV Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Economic Research Service 7, XXXVII Energy Policy and New Uses, Office of 2, IX; 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National Institute of Food and Agriculture 7, XXXIV Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force, Department of 32, VII Federal Acquisition Regulation Supplement 48, 53 Air Transportation Stabilization Board 14, VI Alcohol and Tobacco Tax and Trade Bureau 27, I Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I

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VerDate Sep<11>2014 13:01 Sep 16, 2019 Jkt 247122 PO 00000 Frm 00414 Fmt 8092 Sfmt 8092 Q:\29\29V7.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB CFR Title, Subtitle or Agency Chapter Army Department 32, V; 33, II; 36, III; 48, 51 Defense Acquisition Regulations System 48, 2 Defense Intelligence Agency 32, I Defense Logistics Agency 32, I, XII; 48, 54 Engineers, Corps of 33, II; 36, III National Imagery and Mapping Agency 32, I Navy Department 32, VI; 48, 52 Secretary of Defense, Office of 2, XI; 32, I Defense Contract Audit Agency 32, I Defense Intelligence Agency 32, I Defense Logistics Agency 32, XII; 48, 54 Defense Nuclear Facilities Safety Board 10, XVII Delaware River Basin Commission 18, III Denali Commission 45, IX Disability, National Council on 5, C; 34, XII District of Columbia, Court Services and Offender Supervision 5, LXX; 28, VIII Agency for the Drug Enforcement Administration 21, II East-West Foreign Trade Board 15, XIII Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Economic Research Service 7, XXXVII Education, Department of 2, XXXIV; 5, LIII Bilingual Education and Minority Languages Affairs, Office 34, V of Career, Technical, and Adult Education, Office of 34, IV Civil Rights, Office for 34, I Educational Research and Improvement, Office of 34, VII Elementary and Secondary Education, Office of 34, II Federal Acquisition Regulation 48, 34 Postsecondary Education, Office of 34, VI Secretary of Education, Office of 34, Subtitle A Special Education and Rehabilitative Services, Office of 34, III Educational Research and Improvement, Office of 34, VII Election Assistance Commission 2, LVIII; 11, II Elementary and Secondary Education, Office of 34, II Emergency Oil and Gas Guaranteed Loan Board 13, V Emergency Steel Guarantee Loan Board 13, IV Employee Benefits Security Administration 29, XXV Employees’ Compensation Appeals Board 20, IV Employees Loyalty Board 5, V Employment and Training Administration 20, V Employment Policy, National Commission for 1, IV Employment Standards Administration 20, VI Endangered Species Committee 50, IV Energy, Department of 2, IX; 5, XXIII; 10, II, III, X Federal Acquisition Regulation 48, 9 Federal Energy Regulatory Commission 5, XXIV; 18, I Property Management Regulations 41, 109 Energy, Office of 7, XXIX Engineers, Corps of 33, II; 36, III Engraving and Printing, Bureau of 31, VI Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV, VII Federal Acquisition Regulation 48, 15 Property Management Regulations 41, 115 Environmental Quality, Office of 7, XXXI Equal Employment Opportunity Commission 5, LXII; 29, XIV Equal Opportunity, Office of Assistant Secretary for 24, I Executive Office of the President 3, I Environmental Quality, Council on 40, V Management and Budget, Office of 2, Subtitle A; 5, III, LXXVII; 14, VI; 48, 99 National Drug Control Policy, Office of 2, XXXVI; 21, III National Security Council 32, XXI; 47, 2

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VerDate Sep<11>2014 13:01 Sep 16, 2019 Jkt 247122 PO 00000 Frm 00421 Fmt 8092 Sfmt 8092 Q:\29\29V7.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB VerDate Sep<11>2014 13:01 Sep 16, 2019 Jkt 247122 PO 00000 Frm 00422 Fmt 8092 Sfmt 8092 Q:\29\29V7.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB List of CFR Sections Affected All changes in this volume of the Code of Federal Regulations (CFR) that were made by documents published in the FEDERAL REGISTER since January 1, 2014 are enumerated in the following list. Entries indicate the nature of the changes effected. Page numbers refer to FEDERAL REGISTER pages. The user should consult the entries for chapters, parts and subparts as well as sections for revisions. For changes to this volume of the CFR prior to this listing, consult the annual edition of the monthly List of CFR Sections Affected (LSA). The LSA is available at www.govinfo.gov. For changes to this volume of the CFR prior to 2001, see the ‘‘List of CFR Sections Affected, 1949–1963, 1964–1972, 1973–1985, and 1986–2000’’ published in 11 separate volumes. The ‘‘List of CFR Sections Affected 1986–2000’’ is available at www.govinfo.gov.

2014 29 CFR—Continued 81 FR Page 29 CFR 79 FR Chapter XVII—Continued Page 1918 Authority citation re- Subtitle A vised...... 16091 Chapter XVII 1918.3 (b)(6), (7) and (8) revised ...... 16091 1917 Authority citation re- 1918.101 (a)(1)(i) revised...... 16092 vised...... 22020 1917.71 (i) introductory text revised; (i)(9)(vii) added; (i)(10) 2017 removed; eff. 7-21-14 ...... 22020 29 CFR 82 FR Page 2015 Subtitle A (No regulations published) Chapter XVII 1915 Authority citation re- 2016 vised ...... 2744 Regulation at 82 FR 2744 eff. date 29 CFR 81 FR Page delayed to 3-21-17 ...... 8901 Regulation at 82 FR 2744 eff. date Subtitle A Chapter XVII further delayed to 5-20-17...... 14439 1915 Authority citation re- 1915.1000 Table Z amended ...... 2744 vised...... 16874 Regulation at 82 FR 2744 eff. date 1915.8 Table amended (OMB num- delayed to 3-21-17 ...... 8901 bers) ...... 48710 Regulation at 82 FR 2744 eff. date 1915.5 (d)(1)(vi), (vii) and (viii) re- further delayed to 5-20-17...... 14439 vised...... 16090 1915.1024 Added ...... 2744 1915.153 (b)(1) revised ...... 16091 Regulation at 82 FR 2744 eff. date 1915.1000 Table Z amended...... 16874 delayed to 3-21-17 ...... 8901 Table Z corrected ...... 31167 Regulation at 82 FR 2744 eff. date Table Z correctly amended ...... 60273 further delayed to 5-20-17...... 14439 1915.1053 Added ...... 16875 1917.3 (b)(6), (7) and (8) revised ...... 16091 1917.91 (a)(1)(i) revised ...... 16091

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2018 29 CFR—Continued 84 FR Page 29 CFR 83 FR Page Chapter XVII—Continued 1915.80 (b)(33) revised; eff. 7-15- Subtitle A Chapter XVII 19...... 21555 1915.8 Table amended ...... 9703 1915.1001 (m)(2)(ii)(C), Appendix D, Appendix E, and Appendix I 2019 revised; eff. 7-15-19 ...... 21555 1915.1001 (n)(2)(ii)(F) and (3)(ii)(A) (Regulations published from January 1, amended; eff. 7-15-19...... 21597 2019, through July 1, 2019) 1915.1026 (k)(1)(ii)(F) and 29 CFR 84 FR (4)(ii)(A) amended; eff. 7-15- Page 19...... 21597 Subtitle A Chapter XVII 1915.5 (b) and (c) revised; (d)(1), (i) through (xiii), (vi)(A), (B), (C), (vii)(A), (B), (C), (viii)(A), (B), (C), (2), (i), (3), (i), (4), (i) through (xviii), (5), (i), and (ii) redesignated as (d), (1) through (13), (6)(i), (ii), (iii), (7)(i), (ii), (iii), (8)(i), (ii), (iii), (e), (1), (f), (1), (i), (i)(1) through (18), (g), (1), and (2); new (d) and new (g) introductory text amended; (e)(2), (f)(2), and (h) added; eff. 7-15-19...... 21555 Æ

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