8726 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

■ 4. On page 3835, in the third column, ■ Paragraph 1. The authority citation Electronic copies of these documents the third line from the bottom of the for part 1 continues to read in part as are available at OSHA’s web page at page, ‘‘filed before March 17’’ is follows: http://www.osha.gov. corrected to read ‘‘filed before July 17.’’ Authority: 26 U.S.C. 7805 * * * SUPPLEMENTARY INFORMATION: Martin V. Franks, § 1.721(c)–6 [Amended] Chief, Publications and Regulations Branch, Table of Contents ■ Legal Processing Division, Associate Chief Par. 2. Section 1.721(c)–6(g)(3)(ii) is I. Executive Summary Counsel, (Procedure and Administration). amended by removing the date ‘‘March II. Background [FR Doc. 2020–02654 Filed 2–14–20; 8:45 am] 17, 2020’’ and adding the date ‘‘July 17, III. Summary and Explanation BILLING CODE 4830–01–P 2020,’’ in its place. IV. Agency Determinations Martin V. Franks, A. Economic Analysis and Regulatory Flexibility Analysis DEPARTMENT OF THE TREASURY Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief B. Legal Considerations C. Paperwork Reduction Act Internal Revenue Service Counsel, (Procedure and Administration). [FR Doc. 2020–02653 Filed 2–14–20; 8:45 am] D. Federalism E. State Plans BILLING CODE 4830–01–P 26 CFR Part 1 F. Unfunded Mandates Reform Act of 1995 [TD 9891] V. Authority and Signature RIN 1545–BM95 DEPARTMENT OF LABOR I. Executive Summary Transfers of Certain Property by U.S. Occupational Safety and Health This rule corrects certain minor errors Persons to Partnerships With Related Administration in 27 OSHA standards and regulations Foreign Partners; Correction in 29 CFR parts 1904, 1910, 1915, 1918, 29 CFR Parts 1904, 1910, 1915, 1918, and 1926. The corrections concern the AGENCY: Internal Revenue Service (IRS), and 1926 Treasury. following regulations and standards: (a) Recording and Reporting Injuries and ACTION: Correcting amendment. [Docket No. OSHA–2015–0012] Illnesses Regulations—including: Partial RIN 1218–AD12 SUMMARY: This document contains a exemptions; annual summary of work- related injuries and illnesses; and correction to final regulations (T.D. OSHA Standards and Regulations; definitions; (b) Occupational Safety and 9891) that were published in the Corrections Federal Register on Thursday, January Health Standards for General Industry— 23, 2020. Treasury Decision 9891 AGENCY: Occupational Safety and Health including: Applicability of standards to contains final regulations that provide Administration (OSHA), Labor. employments in territories; definition guidance applicable to transfers of ACTION: Final rule; correcting and requirements for nationally appreciated property by U.S. persons to amendments. recognized testing laboratories; partnerships with foreign partners electrical generation, transmission, and related to the transferor. SUMMARY: In this rule OSHA is distribution; lead; and cadmium; (c) DATES: correcting typographical errors, Occupational Safety and Health Effective date: These regulations are including extraneous or omitted Standards for Shipyard Employment— effective February 18, 2020 and materials and inaccurate graphics, in 27 eye and face protection against welding applicable January 23, 2020. OSHA standards and regulations. These radiation; (d) Safety and Health Applicability dates: For dates of revisions do not affect the substantive Regulations for Longshoring— applicability, see § 1.721(c)–6. requirements or coverage of the recommended Specific Program FOR FURTHER INFORMATION CONTACT: standards, do not modify or revoke Elements for first aid training; and (e) Chadwick Rowland, (202) 317–6937 existing rights or obligations, and do not Safety and Health Regulations for (not a toll-free number). establish new rights or obligations. The Construction—including: General safety SUPPLEMENTARY INFORMATION: purpose of these correcting amendments and health provisions concerning is to reduce regulatory burdens by applicability to employments in Background correcting the inaccuracies in regulatory territories; lead; hazardous waste The final regulations (TD 9891) that text and graphics. This rule revises operations and emergency response; are the subject of this correction are standards in recordkeeping, electrical use of flexible cords and issued under section 721 of the Internal construction, general industry, shipyard cables; scaffolds; fall protection-roof Revenue Code. employment, and longshoring. width determinations; helicopters- DATES: Need for Correction Effective February 18, 2020. hoists-elevators-and-conveyors- FOR FURTHER INFORMATION CONTACT: personnel hoists; excavation-Appendix As published, January 23, 2020 (85 FR General information and press A; steel erection-joists tables; metal 3833), the final regulations (TD 9891) inquiries: Mr. Frank Meilinger, OSHA decking and shear connectors; fall contain an error that needs to be Office of Communications, telephone: hazard training; underground corrected. (202) 693–1999; email: construction; electric power List of Subjects in 26 CFR Part 1 [email protected]. transmission and distribution Technical information: Mr. Garvin Income taxes, reporting and definitions; asbestos; cadmium; and Branch, Directorate of Construction; recordkeeping requirements. cranes and derricks—routine access to telephone: (202) 693–2020; fax: (202) underground construction. The Correction of Publication 693–1689; email: branch.garvin@ corrections revise typographical errors, Accordingly, 26 CFR part 1 is dol.gov. including extraneous or omitted corrected by making the following ADDRESSES: Copies of this Federal materials and inaccurate graphics, in the corrected amendment: Register document and news releases: listed standards.

VerDate Sep<11>2014 17:22 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8727

II. Background 2014), and the revisions became Islands and remove the reference to the From time to time OSHA receives effective January 1, 2015. The revisions Canal Zone. to § 1904.39(a) require all employers, inquiries from inside and outside the 2. Subpart A—General, Definition and even those partially exempted from agency concerning minor misprinted, Requirements for a Nationally recording by the § 1904.1 size technically inaccurate materials. OSHA Recognized Testing Laboratory in 29 exemption, to report a fatality, a researches the inaccuracies and CFR 1910.7 potential revisions. Where necessary, hospitalization of one or more the agency undertakes rulemaking to employees, an employee amputation, or In Appendix A to § 1910.7 OSHA is correct the issues. Where revisions are an employee loss of an eye. This correcting a typographical error for the limited to minor corrections and correction will place the corresponding Recognition Process for Nationally technical amendments, OSHA publishes language in § 1904.1(a)(1) so that it Recognized Testing Laboratories a document in the Federal Register mirrors the current requirement. The (NRTLs). Appendix A, section ‘‘I. directing the required revisions be made change in this paragraph is not Procedures for Initial OSHA to the codified version of the substantive and does not impose new Recognition’’ currently includes regulations. This rule details the errors, obligations. sections ‘‘A. Applications,’’ ‘‘B. Review the revisions, and directs the needed 2. Subpart D of 1904—Other OSHA and Decision Process; Issuance or revisions to be made. Revisions are to be Injury and Illness Recordkeeping Renewal,’’ and ‘‘c. Terms and made to both electronic and printed Requirements, Annual Summary of Conditions of Recognition.’’ In order to versions of the Code of Federal Work-Related Injuries and Illnesses in eliminate confusion, the existing c title Regulations (CFR). The agency has 29 CFR 1904.32 must conform to those of ‘‘A.’’ and ‘‘B.’’ researched the changes necessary to As it exists, section ‘‘c. Terms and correct minor misprints in the following OSHA is also correcting a Conditions of Recognition’’ follows a five parts of Title 29: Recording and typographical error in the recordkeeping similarly formatted paragraph reporting occupational injuries and annual summary provision B(7)(e),’’Review of final decision,’’ illnesses (part 1904), Occupational (§ 1904.32(b)(2)(iii)). The error is a which is the last paragraph of ‘‘B. safety and health standards (Part 1910), faulty reference to § 1904.6(b)(4) Review and Decision Process; Issuance Occupational safety and health describing equivalent forms allowed for or Renewal.’’ Existing paragraph ‘‘c’’ standards for shipyard employment recording annual injury/illness introduces its own topic, ‘‘Terms and (part 1915), Longshoring safety and summary data. There is no Conditions of Recognition,’’ which is health (part 1918), and Construction § 1904.6(b)(4). The correct reference is corrected to the same format as the A safety and health (part 1926). The to § 1904.29(b)(4) ‘‘What is an and B titles. Due to the change in the revisions in this rule serve to correct equivalent form?’’ heading, OSHA is also renumbering certain minor errors in the 27 OSHA current c. (1), (2), (3), and (4) to (1)(a), standards and regulations. This rule is 3. Subpart G of 1904—Definitions, in 29 (b), (c), and (d). OSHA is also removing not an E.O. 13771 regulatory action CFR 1904.46 the outdated current paragraph c.(5), because this rule is not significant under OSHA is also updating § 1904.46 Temporary Recognition of Certain E.O. 12866. Definitions to correct a typographic NRTLs, as the period of temporary recognition ended in 1993 and the two III. Summary and Explanation omission. The agency revised a longstanding reference to the outdated NRTLs listed in the paragraph now have This rule corrects certain minor errors 1987 Standard Industry Classification regular NRTL recognition. in 27 OSHA standards and regulations, (SIC code) manual in 29 CFR 1904.2(b) as summarized in the Executive 3. Subpart R—Special Industries, (79 FR 56130, 56186 (September 18, Summary. These corrections revise Electric Power Generation, 2014)). The document replaced the SIC typographical errors, including Transmission, and Distribution in 29 code with the modern North American extraneous or omitted materials and CFR 1910.269 Industry Classification System-2007 inaccurate graphics, in the listed code (NAICS). However, the In § 1910.269(x), this rule corrects an standards. A more detailed discussion corresponding replacement of SIC code outdated reference in the fifth definition of each revision follows. with NAICS code in the § 1904.46 of Hazardous Atmosphere to ‘‘Material A. Revisions in Recording and Reporting definition of Establishment at paragraph Safety Data Sheets.’’ Due to the global Occupational Injuries and Illnesses (29 (1)(iii) did not occur. This rule makes harmonization of Hazard CFR Part 1904) that correction. Communications standards, OSHA changed ‘‘Material Safety Data Sheets’’ 1. Subpart B of 1904—Scope, Partial B. Revisions in Occupational Safety and (MSDS) to ‘‘Safety Data Sheet’’ (SDS) at Exemption in 29 CFR 1904.1 Health Standards (29 CFR Part 1910) 77 FR 17574, 17577 (March 26, 2012). The agency is correcting omissions in 1. Subpart A—General, Applicability of 4. Subpart Z—Toxic and Hazardous the recordkeeping and reporting scope Standards in 29 CFR 1910.5 Substances, Lead in 29 CFR 1910.1025 provision, § 1904.1(a)(1). This section refers to the requirement of § 1904.39 In § 1910.5, OSHA is correcting OSHA is also correcting a misprinted that even partially exempt employers obsolete regulatory text, which, in reference to § 1910.1025(e)(6) in must report certain injuries to OSHA. addition to any State, the District of § 1910.1025(e)(3)(ii)(G). In 1995, OSHA Existing section § 1904.1(a)(1) mirrors Columbia, and U.S. territories, applies removed § 1910.1025(e)(4) and prior § 1904.39(a) reporting OSHA standards to two territories that renumbered paragraph (e)(5) as (e)(4) requirements for all employers. The no longer exist: Trust Territory of the and paragraph (e)(6) as (e)(5) (60 FR prior requirement was to report each Pacific Islands and the Canal Zone. 52856, 52858, October 11, 1995). At that fatality and each hospitalization of three Section 29 CFR 1910.5(a) corrections time, the reference to paragraph (e)(6) in or more employees. OSHA revised those will replace the reference to the Trust § 1910.1025(e)(3)(ii)(G) should have reporting requirements in the Federal Territory of the Pacific Island with the been changed to (e)(5) but was not Register (79 FR 56130, September 18, Commonwealth of the Northern Mariana changed. This final rule is correcting the

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES 8728 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

reference in § 1910.1025(e)(3)(ii)(G) to which OSHA construction standards 1996 (61 FR 31427, 31429, 31432 (June paragraph (e)(5). apply. The territories are the same as the 20, 1996)). ones listed in § 1910.5(a) above, as In § 1926.65(q)(3)(iii), OSHA is 5. Subpart Z—Toxic and Hazardous modified by this rule. removing a misprinted reference to Substances, Cadmium in 29 CFR § 1926.97, for the reason explained in 1910.1027 2. Subpart D—Occupational Health and the prior paragraph. The particular text OSHA is removing § 1910.1027(n)(6), Environmental Conditions, Lead in 29 in former § 1926.97 concerned which requires medical records to be CFR 1926.62 protective clothing for fire brigades. transferred to the National Institute for In § 1926.62, the lead standard for After § 1926.97 was removed (61 FR Occupational Safety and Health construction, OSHA is correcting 31427, 31432 (June 20, 1996)), OSHA (NIOSH) if the employer goes out of paragraphs 1926.62(d)(2)(iii) and (iv) by later revived § 1926.97 as an unrelated business and does not have a successor replacing the existing outdated electrical personal protective equipment employer or other organization references to ‘‘Table 1 of this section’’ standard (79 FR 20316, 20693 (April 11, designated to receive the records. In the with the correct references to 2014)). Standards Improvement Project Phase ‘‘paragraph (f) of this section.’’ Table 1 In paragraph 5.1 of Section B in III (SIP–III) rulemaking, OSHA no longer exists (71 FR 50122, 50191 Appendix A to 29 CFR 1926.65, OSHA explained that NIOSH found these (August 24, 2006)). Respirator selection is correcting an outdated reference of records were not valuable for research must be conducted in accordance with MSDS to SDS and Safety Data Sheet as and that the cost of storing the records 29 CFR 1910.134(d)(3)(i)(A), as required explained above regarding could not be justified. OSHA then by § 1926.62(f)(3). § 1926.65(g)(2). removed the transfer of records In § 1926.62(d)(3)(iii) and (d)(4)(ii), 4. Subpart K—Electrical, Wiring requirement from 18 health standards in OSHA is replacing existing misprints 29 CFR parts 1910, 1915 and 1926, and Methods, Components, and Equipment referencing ‘‘(d)(10) of this section’’ for General Use in 29 CFR 1926.405 in § 1910.1020 itself, but the cadmium with correct references to ‘‘(d)(9) of this standard was inadvertently overlooked section,’’ which addresses the accuracy In § 1926.405(g)(1)(iii)(C), OSHA is (76 FR 33590, 33598, June 8, 2011). of measurement required by paragraphs correcting a misprinted reference to a OSHA is now making that update in the (d)(3)(iii) and (d)(4)(ii). There is no nonexistent § 1926.405(a)(2)(ii)(1). The general industry cadmium standard. paragraph (d)(10). correct reference is to C. Revisions for Occupational Safety In § 1926.62, Appendix B, Section § 1926.405(a)(2)(ii)(I), which allows the and Health Standards for Shipyard IV—Paragraph (F), OSHA is replacing use of flexible cords and cables through Employment (29 CFR 1915) the outdated reference to Table 1 with pinch points during construction work the correct reference to § 1926.62(f)(3) of if protection is provided to avoid Subpart I—Personal Protective damage. Equipment (PPE), Eye and Face this section for selecting respirators as Protection in 29 CFR 1915.153. explained above regarding 5. Subpart L—Scaffolds, Additional § 1926.62(d)(2)(iii) and (iv). Requirements Applicable to Specific In § 1915.153, this rule corrects format Types of Scaffolds in 29 CFR 1926.452 errors in Table I–1—Filter Lenses for 3. Subpart D—Occupational Health and Protection Against Radiant Energy by Environmental Conditions, Hazardous In § 1926.452(a)(3), in the Scaffolds reformatting the table so that the values Waste Operations and Emergency standards, OSHA is correcting a pole for ‘‘Operations,’’ ‘‘Electrode size,’’ ‘‘Arc Response in 29 CFR 1926.65 scaffold metric conversion by replacing current,’’ and ‘‘Minimum protective the inaccurate conversion of 50 pounds In § 1926.65(a)(2)(i) of Hazardous to 222 kilograms. The accurate rounded shade’’ correspond with each other waste operations and emergency correctly. conversion number is 22.7 kilograms. response, OSHA is correcting a In § 1926.452(w)(6)(ii), OSHA is D. Revisions to Safety and Health misprinted reference to § 1926.20(e)(1). correcting a mobile scaffold reference by Regulations for Longshoring (29 CFR There is no § 1926.20(e)(1); the correct replacing the existing misprinted Part 1918) reference, § 1926.20(e), was added in reference to paragraph (x) (Repair 1993 (58 FR 35076, 35078 (June 30, bracket scaffolds) of 29 CFR part 1926 Appendix V to Part 1918—Basic 1993)). Elements of a First Aid Training subpart L appendix A. The correct In § 1926.65(g)(2), OSHA is correcting Program (Non-Mandatory), Specific reference is to paragraph 2.(w) (Mobile the outdated acronym ‘‘MSDS’’ and Program Elements (A)(3) Poisoning scaffolds) of the same appendix. term ‘‘Material Safety Data Sheet.’’ Due Also in § 1926.452(w)(6)(ii), OSHA is In Non-mandatory Appendix V, Basic to the global harmonization of Hazard removing the misprinted parenthetical Elements of a First Aid Training Communications standards OSHA phrase ‘‘(ANSI/SIA A92.5 and A92.6)’’. Program, to 29 CFR 1918, Specific changed these terms to ‘‘SDS’’ and The A92.5 standard applies to boom- Program Elements paragraph (A)(3), ‘‘Safety Data Sheet’’ (77 FR 17574, supported elevating work platforms, and OSHA is updating ‘‘Materials Safety 17577 (March 26, 2012)). A92.6 applies to self-propelled elevating Data Sheet (MSDS)’’ to the current In § 1926.65(l)(3)(vi) and (p)(8)(iv)(E), work platforms. terminology ‘‘Safety Data Sheet (SDS).’’ OSHA is removing misprinted 6. Subpart L—Scaffolds, Appendix E to E. Revisions to Safety and Health references to § 1926.159. OSHA had Subpart L, Drawings and Illustrations Regulations for Construction (29 CFR imported regulatory text for §§ 1926.97, Part 1926) 1926.98, and 1926.156–1926.159 in In (Non-mandatory) appendix E of 29 error from part 1910 fire protection CFR subpart L, OSHA is correcting text 1. Subpart C—General Safety and Health standards. The 1910 standards, and graphic pages, which show Provisions, General Safety and Health however, were expressly limited in maximum vertical tie spacing for provisions in 29 CFR 1926.20 scope and did not cover construction. scaffolds. The graphics being corrected At § 1926.20(c), General safety and OSHA corrected the improper are titled ‘‘Maximum Vertical Tie health provisions for construction, this incorporation by removing the sections Spacing Wider Than 3′–0′′ Bases’’ and rule corrects the list of territories to from part 1926, including § 1926.159, in ‘‘Maximum Vertical Tie Spacing 3′–0′′

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8729

And Narrower Bases.’’ Both corrections permanent elevators used during December 12, 2008 Federal Register at depict guys, ties, and braces instead of construction activities. page 75589 instructed that § 1926.761(b) just ties, and the revisions correct be revised. An inadvertent misprint 9. Subpart P—Excavations, Appendix A captions for attachment points, which replaced § 1926.761(b) and the to Subpart P, Soil Classification must be closest to the required height subparagraphs with just the regulatory dimension, whether above or below the In paragraph (b) of appendix A to 29 text for paragraph (b) alone, leaving out exact measurement. Also the revisions CFR part 1926, subpart P, Excavations, the subparagraphs (66 FR 5196, 5273 correctly depict that connections must OSHA corrects criteria for Type C soil (Jan. 18, 2001)); as amended at (73 FR be where horizontal scaffold frame case (v). The Definition for case (v) 75568, 75589 (Dec. 12, 2008)). The members connect inner and outer contains a misprinted, ‘‘or’’, which correction replaces the inadvertently scaffold legs whether at or closest to the confuses how layered soil systems are removed paragraphs (b)(1) through (5). exact height measurement. interpreted to dip into excavations. The The correction includes the original correction, which is consistent with Soil regulatory text concerning: (1) Hazard 7. Subpart M—Fall Protection, Types A, B, and C in the proposed rule recognition, (2) use of fall protection Appendix A to Subpart M, Determining at 52 FR 12288, 12329–30 (April 15, Roof Widths systems, (3) correct procedures for 1987) as well as with Type A and Type erecting, maintaining fall protection In appendix A to 29 CFR 1926 subpart B in the Final Rule at 54 FR 45894, systems, (4) fall prevention procedures, M, paragraph (1), OSHA is correcting 45963 (October 31, 1989), will use ‘‘on.’’ and (5) the fall protection requirements ‘‘Non-mandatory Guidelines for ‘‘On’’ accurately describes how a of subpart R. Complying with § 1926.501(b)(10)’’ by layered soil system dips into the replacing the misprinted reference to excavation. The language is being 13. Subpart V—Power Transmission and § 1910.501(b)(10) with the correct corrected to explain that a layered Distribution, Definitions in 29 CFR reference to § 1926.501(b)(10). system dips into the excavation ‘‘on a 1926.968 Also in appendix A to 29 CFR part slope of four horizontal to one vertical In § 1926.968, the definition of 1926 subpart M, OSHA is correcting (4H:1V) or steeper.’’ OSHA is also Hazardous atmosphere includes five Example C. Irregularly Shaped Roofs correcting an unrelated misspelling of examples. The Note to example five With Rectangular Shaped Sections and ‘‘minimum’’ in paragraph (d)(2)(iii)- contains the outdated term ‘‘Material Example E. Roofs With Penthouses, Thumb Penetration of appendix A. Safety Data Sheet.’’ Due to the global Open Courtyards, Additional Floors, harmonization of Hazard Etc., by replacing misprinted references 10. Subpart R—Steel Erection, Communications standards, OSHA to § 1926.502(b)(10) with the correct Structural Steel Assembly in 29 CFR changed the term to ‘‘Safety Data Sheet reference to § 1926.501(b)(10). 1926.754 (SDS),’’ as explained above in the Additionally in subpart M, appendix In § 1926.754(c)(2), OSHA is revision to § 1926.65(g)(2)). A, Example C and Example E, OSHA is correcting the Steel Erection standard by correcting these titles by centering and replacing the current misprinted 14. Subpart Z—Toxic and Hazardous conforming the titles with the format reference to nonexistent § 1926.760(c)(8) Substances, Asbestos in 29 CFR used for titles in Examples A, B, D, and with the correct reference to 1926.1101 F of the appendix. OSHA is also § 1926.760(c)(7). At § 1926.1101(e)(4), OSHA is correcting notations in Examples C and correcting a typographical error in the E to show that a W symbol means a 11. Subpart R—Steel Erection, Open Asbestos standard by replacing a correct measurement and that a circled Web Steel Joists in 29 CFR 1926.757 reference to ‘‘(h)(2) of this section’’ with ‘‘w’’ symbol means an incorrect Additionally, OSHA is correcting ‘‘(h)(3) of this section.’’ For entrance measurement. The corrections explain a Steel Erection joist Tables A and B in into a regulated area § 1926.1101(e)(4) symbol included on the graphics but not § 1926.757(c) (66 FR 5196, 5270 requires that employees wear respirators included in the explanatory text. The (January 18, 2001)) by revising a selected in accordance with the corrections clarify the graphics. typographical footnote error that referenced paragraph. Paragraph (h)(2) incorrectly limits an exemption from 8. Subpart N—Helicopters, Hoists, requires the employer to implement a erection bridging requirements. The Elevators, and Conveyors in 29 CFR respiratory protection program. footnotes in both Table A, Erection 1926.552 Paragraph (h)(3) details the criteria that Bridging For Short Span Joists, and employers must use to select and At § 1926.552(c)(17)(iv), OSHA is Table B, Erection Bridging For Long provide each employee an appropriate replacing misprinted lower case Span Joists read ‘‘NM=diagonal bolted respirator for protection against asbestos parenthetical italicized paragraph letters bridging not mandatory for joists under exposure. (a) through (e) in Personnel hoists with 40 feet.’’ This incorrectly limits the In § 1926.1101(f)(3)(iii), OSHA is capital parenthetical letters. Preexisting exemption by joist length. The agency removing the redundant use of the word § 1926.552(c)(17)(iv) includes discovered the misprinted footnote after ‘‘respirator’’. paragraphs (a), (b), (c), (d), and (e). it was published and addressed the At § 1926.1101(g)(7), OSHA is Paragraph 1926.552(c)(17)(iv)(e) is inaccuracy through question 36(a) in correcting a typographical error by immediately followed by § 1926.552(d) compliance directive CPL 02–01–034 correctly italicizing the section title, Permanent elevators. This sequence (originally CPL 2–1.34) (March 22, Work Practices and Engineering causes confusion. The Federal Register 2002). There is no length limitation for Controls for Class II work. Document Drafting Handbook at Table the NM notation. It means not In § 1926.1101(g)(8)(v), OSHA is 2–4 requires paragraphs at the (c)(17)(iv) mandatory regardless of joist length. replacing a misprinted reference to level to be listed with capital § 1926.1101(g)(8)(iv)(A) through (D) parenthetical letters, i.e., (A), (B), (C), 12. Subpart R—Steel Erection, Training with the correct reference to (D), and (E). This capitalization would in 29 CFR 1926.761 ‘‘§ 1926.1101(g)(8)(i) through (iv)’’ of correctly distinguish requirements for In § 1926.761(b) Fall hazard training, this section. material or personnel hoists used only OSHA is correcting misprinted fall In § 1926.1101(n)(2)(iii) and (n)(3)(i) for construction activities from protection training requirements. The and (iii), OSHA is replacing misprinted

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES 8730 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

references to § 1910.33 with correct of work activities exempt from an TABLE A—AFFECTED COLLECTIONS OF references to § 1910.1020. employer’s infeasibility demonstration INFORMATION At § 1926.1101(p)(1), OSHA is also requirement before using equipment to correcting the Asbestos standard by hoist employees. The infeasibility OMB Control Collection of deleting the reference to appendix C of requirement for this activity was No. information 29 CFR 1926.1101 because the appendix removed by changes to § 1926.800(t) no longer exists. OSHA removed and 1218–0176 .. Recordkeeping and Reporting ‘‘Hoisting unique to underground Injuries and Illnesses (29 reserved the appendix when it construction’’ (78 FR 23837 (April 23, consolidated respiratory protection CFR 1904). 2013)). 1218–0092 .. Lead in General Industry requirements for general industry, Standard (29 CFR construction, shipyard, longshoring, and IV. Agency Considerations 1910.1025). marine terminal workplaces in 29 CFR A. Economic Analysis and Regulatory 1218–0185 .. Cadmium in General Industry 1910.134 (see 63 FR 1152, 1298 (January Standard (29 CFR 8, 1998)). Flexibility Analysis 1910.1027). In appendix K to § 1926.1101 The revisions will correct minor 1218–0134 .. Asbestos in Construction paragraph (e) to paragraph 3.1, OSHA is Standard (29 CFR misprints, omissions, outdated 1926.1101). correcting an outdated reference to references, and tabular and graphic MSDS with reference to SDS and Safety inaccuracies. This will make the Data Sheet as discussed above in the OSHA notes that a Federal agency standards easier for employers and similar correction to § 1926.65(g)(2). cannot conduct or sponsor a collection workers to understand and follow, as of information unless OMB approves it 15. Subpart Z—Toxic and Hazardous well as improve compliance assistance under the Paperwork Reduction Act of Substances, Cadmium in 29 CFR and enforcement. In addition, the 1995 (44 U.S.C. 3501 et seq.), and the 1926.1127 corrections reduce confusion, save time, agency displays a currently valid OMB In paragraph (d)(1)(i) to § 1926.1127, and thus may save costs. control number. The public need not OSHA is correcting an outdated The corrections and revisions are respond to a collection of information reference to MSDS with reference to minor. None of them expand employer requirement unless the agency displays SDS and Safety Data Sheet as discussed obligations or impose new costs. The a currently valid OMB control number, above in the similar correction to corrections do not have significant and, notwithstanding any other § 1926.65(g)(2). impact on any small employer. provision of law, no person shall be In paragraphs (n)(1)(iii) and (n)(3)(iii) Therefore, OSHA has determined that subject to a penalty for failing to comply of § 1926.1127, OSHA is revising the this rulemaking is not a significant rule with a collection of information references to § 1926.33 to more directly with respect to Executive Order 12866 requirement if the requirement does not refer to § 1910.1020. Section 1910.1020 and complies with Executive Order display a currently valid OMB control is the Access to employee exposure and 13563. OSHA certifies that this number. medical records regulation, and rulemaking will not have a significant § 1926.33 is currently a cross-reference D. Federalism to § 1910.1020, so the change is simply economic impact on a substantial number of small entities. OSHA reviewed the included minor to make the reference more direct. revisions in accordance with the Recent rulemakings have used this B. Legal Considerations: Exemption Executive Order on Federalism direct reference to the general industry from Notice and Comment Procedures (Executive Order 13132, 64 FR 43255, standard in the construction standards. August 10, 1999), which requires that OSHA determined that this Above, regarding § 1926.1101(n), OSHA Federal agencies, to the extent possible, rulemaking is not subject to the corrected misprinted references to refrain from limiting State policy § 1910.1020, and OSHA made the same procedures for public notice and options, consult with States prior to change in other sections of the comment specified in Section 4 of the taking any actions that would restrict construction Asbestos standard in the Administrative Procedure Act (5 U.S.C. State policy options, and take such SIP–III rulemaking (76 FR 33590, 33601, 553) or Section 6(b) of the Occupational actions only when clear constitutional June 8, 2011). Existing Safety and Health Act of 1970 (29 U.S.C. authority exists and the problem is § 1926.1127(n)(4)(i) also currently refers 655(b)). This rulemaking does not affect national in scope. Executive Order directly to § 1910.1020. or change any existing rights or 13132 provides for preemption of State OSHA is also removing subparagraph obligations, and no stakeholder is likely law only with the expressed consent of (n)(5), which requires medical records to object to them. Therefore, the agency Congress. Agencies must limit any such to be transferred to NIOSH if the finds good cause, in accordance with 29 preemption to the extent possible. employer goes out of business and does CFR 1911.5, that public notice and Under Section 18 of the OSH Act, not have a successor employer or other comment are unnecessary within the organization designated to receive the Congress expressly provides that States meaning of 5 U.S.C. 553(b)(3)(B) and 29 may adopt, with Federal approval, a records for the reasons described above U.S.C. 655(b). regarding the cadmium standard for plan for the development and general industry, § 1910.1027(n)(6). C. Paperwork Reduction Act enforcement of occupational safety and health standards; States that obtain 16. Subpart CC—Cranes and Derricks in After reviewing the rule and Federal approval for such a plan are Construction, Hoisting Personnel in 29 associated information collections, referred to as ‘‘State Plan States.’’ (29 CFR 1926.1431 OSHA has determined that none of the U.S.C. 667.) Occupational safety and In § 1926.1431(a), OSHA is adding a correcting amendments would create health standards developed by State particular work activity, routine new or revise existing information Plan States must be at least as effective employee access to an underground collections. Table A lists the collections in providing safe and healthful construction worksite via a shaft when of information affected by the correcting employment and places of employment hoisted by a crane or derrick, to the list amendments. as the Federal standards.

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8731

While OSHA drafted these minor States and Territories with approved § 1904.1 Partial exemption for employers revisions to clarify existing employee State Plans to make appropriate with 10 or fewer employees. protections in every State, Section revisions to their standards. (a) * * * 18(c)(2) of the OSH Act permits State (1) If your company had 10 or fewer F. Unfunded Mandates Reform Act of Plan States and Territories to develop employees at all times during the last 1995 and enforce their own standards, calendar year, you do not need to keep provided the requirements in these OSHA reviewed the included minor OSHA injury and illness records unless standards are at least as safe and corrections in accordance with the OSHA or the Bureau of Labor Statistics healthful as the requirements specified Unfunded Mandates Reform Act of 1995 informs you in writing that you must in these corrections to existing (UMRA; 2 U.S.C. 1501 et seq.) and keep records under § 1904.41 or standards. Executive Order 12875 (56 FR 58093). § 1904.42. However, as required by In summary, as described above in As noted under section IV(E) (‘‘State § 1904.39, all employers covered by the Section IV(B) Legal Considerations, Plans’’) of this rule, the agency’s OSH Act must report to OSHA any OSHA determined that this rule does standards do not apply to State and work-related incident that results in a not affect or change any existing rights local governments except in States that fatality, the in-patient hospitalization of or obligations, and no stakeholder is elect voluntarily to adopt a State Plan one or more employees, an employee likely to object to them; therefore, in approved by the agency. Consequently, amputation, or an employee loss of an States with OSHA-approved State Plans, these corrections and technical eye. this rulemaking would not significantly amendments, in addition to being minor * * * * * limit State policy options. and not changing substantive Subpart D—Other OSHA Injury and E. State Plans protections, do not meet the definition of a ‘‘Federal intergovernmental Illness Recordkeeping Requirements When Federal OSHA promulgates a mandate’’ (see Section 421(5) of the ■ new standard or a more stringent UMRA (2 U.S.C. 658(5)). Therefore, for 3. In § 1904.32, revise paragraph amendment to an existing standard, the the purposes of the UMRA, the agency (b)(2)(iii) to read as follows: 28 States and U.S. Territories with their certifies that these minor corrections own OSHA-approved occupational § 1904.32 Annual summary. and technical amendments do not * * * * * safety and health plans (State Plans) mandate that State, local, or tribal must amend their standards to reflect (b) * * * governments adopt new, unfunded (2) * * * the new standard or amendment. regulatory obligations, or increase Optionally they may show OSHA why (iii) If you are using an equivalent expenditures by the private sector of form other than the OSHA 300–A such action is unnecessary (e.g., because more than $100 million in any year. an existing State standard covering this summary form, as permitted under area is already ‘‘at least as effective’’ as V. Authority and Signature § 1904.29(b)(4), the summary you use must also include the employee access the new Federal standard or amendment Loren Sweatt, Principal Deputy (29 CFR 1953.5(a)). Since this rule and employer penalty statements found Assistant Secretary of Labor for on the OSHA 300–A Summary form. publishes minor corrections to existing Occupational Safety and Health, U.S. * * * * * standards, it is unlikely that any State Department of Labor, authorized the Plan needs to draft a new standard or preparation of this rule pursuant to Subpart G—Definitions amendment to an existing standard. Sections 4, 6, and 8 of the Occupational When OSHA promulgates technical Safety and Health Act of 1970 (29 U.S.C. ■ 4. In § 1904.46, revise paragraph amendments or minor corrections that 653, 655, 657), 29 CFR part 1911, and (1)(iii) in the definition of do not impose additional or more Secretary’s Order 1–2012 (77 FR 3912). ‘‘Establishment’’ to read as follows: stringent requirements than the existing standards, State Plans are not required Signed at Washington, DC. § 1904.46 Definitions. to amend or correct their standards, Loren Sweatt, * * * * * although OSHA may encourage them to Principal Deputy Assistant Secretary of Labor Establishment. *** do so. for Occupational Safety and Health. (1) * * * The 28 States and territories with Corrections to Standards (iii) No one industry description in OSHA-approved State Plans are: Alaska, the North American Industry Arizona, California, Connecticut, For the reasons stated in the preamble Classification System (2007) codes Hawaii, Illinois, Indiana, Iowa, of this final rule, the Occupational applies to the joint activities of the Kentucky, Maine, Maryland, Michigan, Safety and Health Administration establishments; and Minnesota, Nevada, New Mexico, New amends 29 CFR parts 1904, 1910, 1915, * * * * * Jersey, New York, North Carolina, 1918, and 1926 as follows: Oregon, Puerto Rico, South Carolina, PART 1910—OCCUPATIONAL SAFETY PART 1904—RECORDING AND Tennessee, Utah, Vermont, Virginia, AND HEALTH STANDARDS REPORTING OCCUPATIONAL Virgin Islands, Washington, and INJURIES AND ILLNESSES Wyoming. Of those Connecticut, Subpart A—General Illinois, Maine, New Jersey, New York, ■ 1. The authority citation for part 1904 ■ 5. The authority citation for subpart A and the Virgin Islands have OSHA- continues to read as follows: continues to read as follows: approved State Plans that apply to State and local government employees only. Authority: 29 U.S.C. 657, 658, 660, 666, Authority: 29 U.S.C. 653, 655, 657; OSHA concludes that these minor 669, 673, Secretary of Labor’s Order 1–2012 Secretary of Labor’s Order Numbers 12–71 (77 FR 3912, Jan. 25, 2012). corrections and technical amendments (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR will clarify existing protections afforded Subpart B—Scope 111), 3–2000 (65 FR 50017), 5–2002 (67 FR employees while reducing the 65008), 5–2007 (72 FR 31159), 4–2010 (75 FR compliance burden and confusion for ■ 2. In § 1904.1, revise paragraph (a)(1) 55355), or 1–2012 (77 FR 3912), as employers. Therefore, OSHA urges to read as follows: applicable.

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES 8732 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

Sections 1910.6, 1910.7, 1910.8 and 1910.9 recognition will be stated in the recognition Authority: 29 U.S.C. 653, 655, 657; also issued under 29 CFR 1911. Section letter. Secretary of Labor’s Order No. 12–71 (36 FR 1910.7(f) also issued under 31 U.S.C. 9701, c. Constancy in operations. The recognized 8754), 8–76 (41 FR 25059), 9–83 (48 FR 29 U.S.C. 9a, 5 U.S.C. 553; Public Law 106– NRTL shall continue to satisfy all the 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 113 (113 Stat. 1501A–222); Pub. L. 11–8 and requirements or limitations in the letter of 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 111–317; and OMB Circular A–25 (dated July recognition during the period of recognition. 5–2007 (72 FR 31160), 4–2010 (75 FR 55355), 8, 1993) (58 FR 38142, July 15, 1993). d. Accurate publicity. The OSHA- or 1–2012 (77 FR 3912), 29 CFR part 1911; ■ 6. In § 1910.5, revise paragraph (a) to recognized NRTL shall not engage in or and 5 U.S.C. 553, as applicable. read as follows: permit others to engage in misrepresentation Section 1910.1030 also issued under Pub. of the scope or conditions of its recognition. L. 106–430, 114 Stat. 1901. § 1910.5 Applicability of standards. 2. [Reserved] Section 1910.1201 also issued under 49 (a) Except as provided in paragraph * * * * * U.S.C. 5101 et seq. (b) of this section, the standards ■ 11. In § 1910.1025, revise paragraph contained in this Part shall apply with Subpart R—Special Industries (e)(3)(ii)(G) to read as follows: respect to employments performed in a ■ 8. The authority citation for subpart R workplace in a State, the District of § 1910.1025 Lead. continues to read as follows: Columbia, the Commonwealth of Puerto * * * * * Rico, the Virgin Islands, American Authority: 29 U.S.C. 653, 655, 657; (e) * * * Samoa, Guam, the Commonwealth of Secretary of Labor’s Order Nos. 12–71 (36 FR (3) * * * the Northern Mariana Islands, Wake 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), (ii) * * * Island, Outer Continental Shelf lands 5–2007 (72 FR 31159), 4–2010 (75 FR 55355), (G) An administrative control defined in the Outer Continental Shelf or 1–2012 (77 FR 3912), as applicable; and schedule required by paragraph (e)(5) of Lands Act, and Johnston Island. 29 CFR part 1911. this section, if applicable; * * * * * ■ 9. In § 1910.269, in paragraph (x), * * * * * ■ 7. In § 1910.7, in appendix A, revise revise the note following paragraph (5) § 1910.1027 [Amended] section I.c to read as follows: of the definition of ‘‘hazardous § 1910.7 Definition and requirements for a atmosphere’’ to read as follows: ■ 12. In § 1910.1027, remove paragraph nationally recognized testing laboratory. (n)(6). § 1910.269 Electric power generation, * * * * * transmission, and distribution. PART 1915—OCCUPATIONAL SAFETY Appendix A to § 1910.7—OSHA * * * * * AND HEALTH STANDARDS FOR Recognition Process for Nationally (x) * * * SHIPYARD EMPLOYMENT Recognized Testing Laboratories Hazardous atmosphere. * * * (5) * * * ■ * * * * * 13. The authority citation for part Note to the definition of ‘‘hazardous 1915 continues to read: I. Procedures for Initial OSHA Recognition atmosphere’’ (5): For air contaminants for Authority: 33 U.S.C. 941; 29 U.S.C. 653, * * * * * which the Occupational Safety and Health 655, 657; Secretary of Labor’s Order No. 12– Administration has not determined a dose or C. Terms and Conditions of Recognition 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 permissible exposure limit, other sources of (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 1. The following terms and conditions information, such as Safety Data Sheets (SDS) FR 111), 3–2000 (65 FR 50017), 5–2002 (67 shall be part of every recognition: that comply with the Hazard Communication FR 65008), 5–2007 (72 FR 31160), 4–2010 (75 a. Letter of recognition. The recognition by Standard, § 1910.1200, published FR 55355), or 1–2012 (77 FR 3912); 29 CFR OSHA of any NRTL will be evidenced by a information, and internal documents can part 1911; and 5 U.S.C. 553, as applicable. letter of recognition from OSHA. The letter provide guidance in establishing acceptable will provide the specific details of the scope atmospheric conditions. Subpart I—Personal Protective of the OSHA recognition, including the specific equipment or materials for which * * * * * Equipment (PPE) OSHA recognition has been granted, as well as any specific conditions imposed by OSHA. Subpart Z—Toxic and Hazardous ■ 14. In § 1915.153, revise Table I—1 to b. Period of recognition. The recognition by Substances read as follows: OSHA of each NRTL will be valid for five years, unless terminated before the expiration ■ 10. The authority citation for subpart § 1915.153 Eye and face protection. of the period. The dates of the period of Z continues to read as follows: * * * * *

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

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8733

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

Minimum * Operations Electrode size 1/32 in Arc current protective shade

Arc cutting ...... (Heavy) ...... 500–1000 ...... 11 Plasma arc welding ...... Less than 20 ...... 6 20–100 ...... 8 100–400 ...... 10 400–800 ...... 11 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 fil- ter lens that absorbs the yellow or sodium line in the visible light of the (spectrum) operation.

* * * * * General Program Elements 4. The legal aspects of providing first aid services. A. Teaching Methods PART 1918—SAFETY AND HEALTH 1. Trainees should develop ‘‘hands on’’ C. Methods of Surveying the Scene and the REGULATIONS FOR LONGSHORING Victim(s) skills through the use of manikins and trainee partners during their training. The training program should include ■ 15. The authority citation for part 2. Trainees should be exposed to acute instruction in: 1918 is revised to read as follows: injury and illness settings as well as the 1. The assessment of scenes that require first aid services including: Authority: 33 U.S.C. 941; 29 U.S.C. 653, appropriate response to those settings through the use of visual aids, such as video a. General scene safety. 655, 657; Secretary of Labor’s Order No. 12– b. likely event sequence. 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 tape and slides. 3. Training should include a course c. rapid estimate of the number of persons (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 injured. workbook which discusses first aid FR 111), 3–2000 (65 FR 50017), 5–2002 (67 d. identification of others able to help at principles and responses to settings that FR 65008), 5–2007 (72 FR 31160), 4–2010 (75 the scene. require interventions. 2. Performing a primary survey of each FR 55355), or 1–2012 (77 FR 3912), as 4. Training duration should allow enough applicable; and 29 CFR 1911. victim including airway, breathing, and time for particular emphasis on situations circulation assessments as well as the Section 1918.90 also issued under 5 U.S.C. likely to be encountered in particular 553. presence of any bleeding. workplaces. 3. The techniques and principles of taking Section 1918.100 also issued under 49 5. An emphasis on quick response to first a victim’s history at the scene of an U.S.C. 5101 et seq. and 5 U.S.C. 553. aid situations should be incorporated emergency. throughout the program. 4. Performing a secondary survey of the Subpart H—Handling Cargo B. Principles of Responding to a Health victim including assessments of vital signs, Emergency skin appearance, head and neck, eye, chest, ■ 16. In appendix V to part 1918 to read abdomen, back, extremities, and medical as follows: The training program should include alert symbols. instruction in: Appendix V to Part 1918—Basic 1. Injury and acute illness as a health D. Basic Adult Cardiopulmonary Resuscitation (CPR) Elements of a First Aid Training problem. Program (Non-Mandatory) 2. Interactions with the local emergency Basic adult CPR training should be medical services system. Trainees have the included in the program. Retesting should responsibility for maintaining a current list of Note: This appendix is non-mandatory and occur every year. The training program emergency telephone numbers (police, fire, should include instruction in: provides guidelines for small businesses and ambulance, poison control) easily accessible 1. Establishing and maintaining adult institutions teaching first aid, as well as for to all employees. airway patency. the recipients of first aid training. 3. The principles of triage. 2. Performing adult breathing resuscitation.

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES 8734 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

3. Performing adult circulatory 2. Bleeding 7. Bites and Stings resuscitation. a. The types of bleeding including arterial, Instruction in the principles and first aid 4. Performing choking assessments and venous, capillary, external, and internal. intervention in: appropriate first aid interventions. b. the principles and performance of a. Human and animal (especially dog and 5. Resuscitating the drowning victim. bleeding control interventions including snake) bites. E. Basic First Aid Intervention direct pressure, pressure points, elevation, b. bites and stings from insects (spiders, and pressure bandaging. ticks, scorpions, hornets and wasps). Trainees should receive instruction in the Interventions should include responses to principles and performance of: c. the assessment and approach to wounds including abrasions, incisions, lacerations, anaphylactic shock; other allergic 1. Bandaging of the head, chest, shoulder, manifestations; and rabies and tetanus punctures, avulsions, amputations, and crush arm, leg, wrist, elbow, foot, ankle, fingers, prophylaxis. injuries. toes, and knee. 8. Medical Emergencies 2. Splinting of the arm, elbow, clavicle, d. the principles of wound care including fingers, hand, forearm, ribs, hip, femur, lower infection precautions, wounds requiring Instruction in the principles and first aid leg, ankle, knee, foot, and toes. medical attention, and the need for tetanus intervention of: 3. Moving and rescuing victims including prophylaxis. a. Heart attacks. b. strokes. one and two person lifts, ankle and shoulder 3. Poisoning pulls, and the blanket pull. c. asthma attacks. Instruction in the principles and first aid d. diabetic emergencies including diabetic F. Universal Precautions intervention of: coma, insulin shock, hyperglycemia, and Trainees should be provided with adequate a. Alkali, acid and systemic poisons. In hypoglycemia. instruction on the need for and use of addition, all trainees should know how and e. seizures including tonic-clonic and absence seizures. Importance of not putting universal precautions. This should include: when to contact the local Poison Control gags in mouth. 1. The meaning of universal precautions, Center. b. inhaled poisons including carbon f. pregnancy including the appropriate care which body fluids are considered potentially of any abdominal injury or vaginal bleeding. infectious, and which are regarded as monoxide, carbon dioxide, smoke, and hazardous. chemical fumes, vapors and gases as well as 9. Confined Spaces 2. The value of universal precautions for the importance of assessing the toxic a. The danger of entering a confined space infectious diseases such as AIDS and potential of the environment to the rescuer to administer first aid without having the hepatitis B. and the need for respirators. appropriate respiratory protection. 3. A copy of OSHA’s standard for Trainees should be instructed in the acute b. if first aid personnel will be required to occupational exposure to bloodborne effect of chemicals utilized in their plants, assist evacuations from confined spaces, pathogens or information on how to obtain a the location of chemical inventories, Safety additional training will be needed. Data Sheets (SDS), chemical emergency copy. B. Site of Injury Training 4. The necessity for keeping gloves and information, and antidote supplies. other protective equipment readily available c. topical poisons including poison ivy, Instruction in the principles and first aid and the appropriate use of them. poison sumac, poison oak, and insecticides. intervention of injuries to the following sites: 5. The appropriate tagging and disposal of d. drugs of abuse including alcohol, 1. Head and Neck any sharp item or instrument requiring narcotics such as heroin and cocaine, a. Including skull fractures, concussions, special disposal measures such as blood tranquilizers, and amphetamines. and mental status assessments with soaked material. 4. Burns particular attention to temporary loss of 6. The appropriate management of blood Instruction in the principles and first aid consciousness and the need for referral to a spills. intervention of: physician. b. including the appropriate approach to G. First Aid Supplies a. Assessing the severity of the burn the management of the individual who has including first degree, second degree, and The first aid provider should be suffered a potential neck injury or fracture. third degree burns. responsible for the type, amount, and 2. Eye maintenance of first aid supplies needed for b. differentiating between the types of third their particular worksite(s). These supplies degree burns (thermal, electrical, and a. Foreign bodies, corneal abrasions and need to be stored in a convenient area chemical) and their specific interventions. lacerations. available for emergency access. Particular attention should be focused upon b. chemical burns and the importance of chemical burns, and the use of specific flushing out the eye. H. Trainee Assessments chemicals in the workplace which may cause c. the importance of not applying Assessment of successful completion of the them. antibiotics without physician supervision. first aid training program should include 5. Temperature Extremes 3. Nose instructor observation of acquired skills and a. Nose injuries and nose bleeds. written performance assessments. First aid Instruction in the principles and first aid skills and knowledge should be reviewed intervention of: 4. Mouth and Teeth every three years. a. Exposure to cold including frostbite and a. Oral injuries, lip and tongue injuries, hypothermia. and broken and removed teeth. The I. Program Update b. exposure to heat including heat cramps, importance of preventing inhalation of blood The training program should be heat exhaustion, and heat stroke. and teeth. periodically reviewed with current first aid 6. Musculoskeletal Injuries 5. Chest techniques and knowledge. Outdated The training program should include material should be replaced or removed. a. Rib fractures, flail chest, and penetrating instruction in the principles and first aid wounds. Specific Program Elements intervention in: 6. Abdomen a. Open fractures, closed fractures, and A. Type of Injury Training splinting. a. Blunt injuries, penetrating injuries, and protruding organs. 1. Shock b. dislocations, especially the methods of Instruction in the principles and first aid joint dislocations of the upper extremity. The 7. Hand, Finger, and Foot Injuries intervention in: importance of differentiating dislocations a. Finger/toe nail hematoma, lacerations, a. Shock due to injury. from fractures. splinters, finger nail avulsion, ring removal, b. shock due to allergic reactions. c. joint sprains. and foreign bodies. c. the appropriate assessment and first aid d. muscle strains, contusions, and cramps. b. the importance of identifying treatment of a victim who has fainted. e. head, neck, back, and spinal injuries. amputation care hospitals in the area. When

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8735

an amputation occurs, appropriate handling employer performs an employee (ii) Where the employer has of amputated fingers, hands, and feet during exposure assessment as required in this previously monitored for lead exposure, the immediate transportation of the victim paragraph (d), and documents that the and the data were obtained within the and body part to the hospital. employee performing any of the listed past 12 months during work operations PART 1926—SAFETY AND HEALTH tasks is not exposed in excess of 500 mg/ conducted under workplace conditions 3 REGULATIONS FOR CONSTRUCTION m , the employer shall treat the closely resembling the processes, type of employee as if the employee were material, control methods, work Subpart C—General Safety and Health exposed to lead in excess of 500 mg/m3 practices, and environmental conditions Provisions and shall implement employee used and prevailing in the employer’s protective measures as prescribed in current operations, the employer may ■ 17. The authority citation for subpart paragraph (d)(2)(v) of this section. rely on such earlier monitoring results C continues to read as follows: Where the employer does establish that to satisfy the requirements of paragraph Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. the employee is exposed to levels of (d)(4)(i) of this section if the sampling 653, 655, 657; Secretary of Labor’s Order No. lead below 500 mg/m3, the employer and analytical methods meet the 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9– may provide the exposed employee with accuracy and confidence levels of 83 (48 FR 35736), 6–96 (62 FR 111), 5–2007 the appropriate respirator prescribed for paragraph (d)(9) of this section. (72 FR 31160), or 1–2012 (77 FR 3912) as such use at such lower exposures, in * * * * * applicable; and 29 CFR part 1911. accordance with paragraph (f) of this ■ 18. In § 1926.20, revise paragraph (c) section. The tasks covered by this Appendix B to § 1926.62—Employee to read as follows: requirement are: Standard Summary * * * * * § 1926.20 General safety and health * * * * * provisions. (iv) With respect to the tasks listed in IV. Respiratory Protection—Paragraph (F) * * * * * this paragraph (d)(2)(iv), where lead is Your employer is required to provide and (c) The standards contained in this present, until the employer performs an assure your use of respirators when your part shall apply with respect to employee exposure assessment as exposure to lead is not controlled below the employments performed in a workplace required in this paragraph (d) and PEL by other means. The employer must pay in a State, the District of Columbia, the documents that the employee the cost of the respirator. Whenever you performing any of the listed tasks is not request one, your employer is also required Commonwealth of Puerto Rico, the to provide you a respirator even if your air Virgin Islands, American Samoa, Guam, exposed to lead in excess of 2,500 mg/ 3 × exposure level is not above the PEL. You the Commonwealth of the Northern m (50 PEL), the employer shall treat might desire a respirator when, for example, Mariana Islands, Wake Island, Outer the employee as if the employee were you have received medical advice that your Continental Shelf lands defined in the exposed to lead in excess of 2,500 mg/ lead absorption should be decreased. Or, you Outer Continental Shelf Lands Act, and m3 and shall implement employee may intend to have children in the near Johnston Island. protective measures as prescribed in future, and want to reduce the level of lead paragraph (d)(2)(v) of this section. in your body to minimize adverse * * * * * Where the employer does establish that reproductive effects. While respirators are the least satisfactory means of controlling your Subpart D—Occupational Health and the employee is exposed to levels of m 3 exposure, they are capable of providing Environmental Controls lead below 2,500 g/m , the employer significant protection if properly chosen, may provide the exposed employee with fitted, worn, cleaned, maintained, and ■ 19. The authority citation for subpart the appropriate respirator prescribed for replaced when they stop providing adequate D continues to read as follows: use at such lower exposures, in protection. Authority: 40 U.S.C. 3704; 29 U.S.C. 653, accordance with paragraph (f) of this Your employer is required to select your 655, and 657; Secretary of Labor’s Order No. section. Interim protection as described respirator according to the requirements of 29 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9– in this paragraph is required where lead CFR 1926.62(f)(3), including the 83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 containing coatings or paint are present requirements referenced in 29 CFR (62 FR 111), 3–2000 (65 FR 50017), 5–2002 on structures when performing: 1910.134(d)(3)(i)(A) of this chapter. Any respirator chosen must be approved by (67 FR 65008), 5–2007 (72 FR 31159), 4–2010 * * * * * NIOSH under the provisions of 42 CFR part (75 FR 55355), or 1–2012 (77 FR 3912); 29 84. These respirator selection references will CFR part 1911; and 5 U.S.C. 553, as (3) * * * enable your employer to choose a type of applicable. (iii) Where the employer has respirator that will give you a proper amount Section 1926.61 also issued under 49 previously monitored for lead of protection based on your airborne lead U.S.C. 5101 et seq. exposures, and the data were obtained exposure. Your employer may select a type Section 1926.62 also issued under 42 within the past 12 months during work of respirator that provides greater protection U.S.C. 4853. operations conducted under workplace than that required by the standard; that is, Section 1926.65 also issued under 126 of conditions closely resembling the one recommended for a higher concentration Public Law 99–499, 100 Stat. 1613. processes, type of material, control of lead than is present in your workplace. For ■ 20. In § 1926.62, revise paragraphs methods, work practices, and example, a powered air-purifying respirator (d)(2)(iii) introductory text, (d)(2)(iv), environmental conditions used and (PAPR) is much more protective than a (d)(3)(iii), and (d)(4)(ii) and revise typical negative pressure respirator, and may prevailing in the employer’s current also be more comfortable to wear. A PAPR section IV paragraph (F) of appendix B operations, the employer may rely on to read as follows: has a filter, cartridge, or canister to clean the such earlier monitoring results to satisfy air, and a power source that continuously § 1926.62 Lead. the requirements of paragraphs (d)(3)(i) blows filtered air into your breathing zone. * * * * * and (d)(6) of this section if the sampling Your employer might make a PAPR available and analytical methods meet the to you to ease the burden of having to wear (d) * * * a respirator for long periods of time. The (2) * * * accuracy and confidence levels of paragraph (d)(9) of this section. standard provides that you can obtain a (iii) With respect to the tasks listed in PAPR upon request. this paragraph (d)(2)(iii) of this section, * * * * * Your employer must also start a where lead is present, until the (4) * * * Respiratory Protection Program. This

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES 8736 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

program must include written procedures for hazards not regulated either in 2012 (77 FR 3912), as applicable; 29 CFR part the proper selection, use, cleaning, storage, § 1926.55, elsewhere in subpart D, or in 1911. and maintenance of respirators. other pertinent sections of this part. The * * * * * Your employer must ensure that your employer may use the published respirator facepiece fits properly. Proper fit of ■ 23. In § 1926.405, revise paragraph a respirator facepiece is critical to your literature and Safety Data Sheets (SDS) (g)(1)(iii)(C) to read as follows: protection from airborne lead. Obtaining a as a guide in making the employer’s proper fit on each employee may require determination as to what level of § 1926.405 Wiring methods, components, your employer to make available several protection the employer believes is and equipment for general use. different types of respirator masks. To ensure appropriate for hazardous substances * * * * * that your respirator fits properly and that and health hazards for which there is no (g) * * * facepiece leakage is minimal, your employer permissible exposure limit or published (1) * * * must give you either a qualitative or exposure limit. (iii) * * * quantitative fit test as specified in appendix A of the Respiratory Protection standard * * * * * (C) Where run through doorways, located at 29 CFR 1910.134. (l) * * * windows, or similar openings, except as You must also receive from your employer (3) * * * permitted in paragraph (a)(2)(ii)(I) of proper training in the use of respirators. Your (vi) An employee alarm system shall this section; employer is required to teach you how to be installed to notify employees of an * * * * * wear a respirator, to know why it is needed, emergency situation; to stop work and to understand its limitations. Subpart L—Scaffolds The standard provides that if your activities if necessary; to lower respirator uses filter elements, you must be background noise in order to speed ■ communication; and to begin emergency 24. The authority citation for subpart given an opportunity to change the filter L continues to read as follows: elements whenever an increase in breathing procedures. resistance is detected. You also must be * * * * * Authority: 40 U.S.C. 333; 29 U.S.C. 653, permitted to periodically leave your work (p) * * * 655, 657; Secretary of Labor’s Order Nos. 1– area to wash your face and respirator 90 (55 FR 9033), 5–2007 (72 FR 31159), or facepiece whenever necessary to prevent skin (8) * * * 1–2012 (77 FR 3912); and 29 CFR part 1911. (iv) * * * irritation. If you ever have difficulty in * * * * * (E) An employee alarm system shall breathing during a fit test or while using a ■ respirator, your employer must make a be installed to notify employees of an 25. In § 1926.452, revise paragraphs medical examination available to you to emergency situation; to stop work (a)(3) and (w)(6)(ii) to read as follows: determine whether you can safely wear a activities if necessary; to lower § 1926.452 Additional requirements respirator. The result of this examination background noise in order to speed applicable to specific types of scaffolds. may be to give you a positive pressure communication; and to begin emergency * * * * * respirator (which reduces breathing procedures. resistance) or to provide alternative means of (a) * * * protection. * * * * * (3) Diagonal bracing in both directions * * * * * (q) * * * shall be installed across the entire ■ 21. In § 1926.65, revise paragraphs (3) * * * inside face of double-pole scaffolds used (a)(2)(i), (g)(2), (l)(3)(vi), (p)(8)(iv)(E), (iii) Based on the hazardous to support loads equivalent to a and (q)(3)(iii) and in appendix A revise substances and/or conditions present, uniformly distributed load of 50 pounds paragraph 5.1 in section B to read as the individual in charge of the ICS shall (22.7 kg) or more per square foot (929 follows: implement appropriate emergency square cm). operations, and assure that the personal * * * * * § 1926.65 Hazardous waste operations and protective equipment worn is (w) * * * emergency response. appropriate for the hazards to be (6) * * * (a) * * * encountered. (ii) The height to base width ratio of (2) * * * * * * * * (i) All requirements of 29 CFR parts the scaffold during movement is two to 1910 and 1926 apply pursuant to their Appendix A to § 1926.65—Personal one or less, unless the scaffold is terms to hazardous waste and Protective Equipment Test Methods designed and constructed to meet or exceed nationally recognized stability emergency response operations whether * * * * * covered by this section or not. If there test requirements such as those listed in is a conflict or overlap, the provision B. Totally-Encapsulating Chemical Protective paragraph 2.(w) of appendix A to this Suit Qualitative Leak Test more protective of employee safety and subpart; health shall apply without regard to 29 * * * * * * * * * * CFR 1926.20(e). 5.1 Concentrated aqueous ammonium ■ 26. In appendix E to subpart L of part hydroxide, NH4 OH, is a corrosive volatile 1926 subpart L: * * * * * liquid requiring eye, skin, and respiratory (g) * * * ■ a. Remove the graphic ‘‘Maximum protection. The person conducting the test ′ ′′ (2) Engineering controls, work shall review the Safety Data Sheet (SDS) for Vertical Tie Spacing Wider Than 3 -0 practices, and PPE for substances not aqueous ammonia. Bases’’ and add in its place the graphic regulated either in § 1926.55, elsewhere * * * * * ‘‘Maximum Vertical Guy, Tie or Brace in subpart D, or in other pertinent Spacing Wider Than 3′-0′′ Bases’’; and sections of this Part. An appropriate Subpart K—Electrical ■ b. Remove the graphic ‘‘Maximum combination of engineering controls, Vertical Tie Spacing 3′-0′′and Narrower work practices, and personal protective ■ 22. The authority citation for subpart Bases’’ and add in its place the equipment shall be used to reduce and K is revised to read as follows: ‘‘Maximum Vertical Guy, Tie or Brace ′ ′′ maintain employee exposure to or Authority: 29 U.S.C. 653, 655, 657; 40 Spacing 3 -0 And Narrower Bases’’. below published exposure levels for U.S.C. 333; Secretary of Labor’s Order No. 9– The additions read as follows: hazardous substances and health 83 (48 FR 35736), 1–90 (55 FR 9033) or 1– BILLING CODE 4510–26–P

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8737

(Non-Mandatory) Appendix E to Subpart L of Part 1926-Drawings and Illustrations

* * * * * MAXIMUM VERTICAL GUY, TIE OR BRACE SPACING WIDER THAN 3'- D" BASES

Attach top guy. tie er brace. where a hortzontal member suppms inner and outer legs and is no mrlher down 1han the 4 to 1 height from t top ol oompleted scallbld.

Attach i1fermediate guys. ties or tiraces repeatedly Where a holizontal mernl:ler Sl.'1POrls inner and outer legs and Where it is no more than :26' - O" up from the next lower attachment location.

Attach bNesl guy, tie or brace where a hortzontal member supports inner and outer legs and is dosest mthe 4 to 1 height. whether aboYe or below the exact height.

I 'WIDER THAN 3•_ O"' ,. MINIMUM BASE DIMENSION

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4725 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES ER18FE20.059 8738 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations MAXIMUM VERTICAL GUY, TIE OR BRACE SPACING 3'- O" AND NARROWER BASES

Attach top guy. tie or brace where a hortzonfal member suppmts inner and outer legS and iS oo fiather down 1han 1he 4 to 1 height l from tq., of completed ~d-

Attach i'llennediate guys~ ties or braces repeatedly where a hDrizontal member si.q:,ports inner and outer legS and where it iS oo more ttlan 20·- O" up rrom 1he next lower al:lachment location.

Attach lowest glly', tie or brace where a hortzonfal member supports inner and outer legs and is closest to 1he 4 to 1 height, whether above or below the exact height.

3'- O"' AND NARROWER MINIMUM BASE DIMENSION

View or download PDF

* * * * * Authority: 40 U.S.C. 3701 et seq.; 29 ■ 28. Revise appendix A to subpart M of U.S.C. 653, 655, 657; Secretary of Labor’s part 1926 to read as follows: Subpart M—Fall Protection Order No. 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2007 (72 FR ■ 27. The authority citation for subpart 31159), or 1–2012 (77 FR 3912), as M continues to read as follows: applicable; and 29 CFR part 1911.

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES ER18FE20.060 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8739

Appendix A to Subpart M of Part appropriate. Some examples show ‘‘correct’’ minimum length to minimize the size and 1926—Determining Roof Widths and ‘‘incorrect’’ subdivisions of irregularly number of the areas which are potentially shaped roofs divided into smaller, regularly less than 50 feet (15.25 m) wide. The intent Non-Mandatory Guidelines for Complying shaped areas. In all examples, the dimension is to minimize the number of roof areas With § 1926.501(b)(10) selected to be the width of an area is the where safety monitoring systems alone are (1) This appendix serves as a guideline to lesser of the two primary dimensions of the sufficient protection. assist employers complying with the area, as viewed from above. Example A (3) Roofs which are comprised of several shows that on a simple rectangular roof, requirements of § 1926.501(b)(10). Section separate, non-contiguous roof areas, as in width is the lesser of the two primary overall 1926.501(b)(10) allows the use of a safety Example D, may be considered as a series of monitoring system alone as a means of dimensions. This is also the case with roofs individual roofs. Some roofs have providing fall protection during the which are sloped toward or away from the performance of roofing operations on low- roof center, as shown in Example B. penthouses, additional floors, courtyard sloped roofs 50 feet (15.25 m) or less in (2) Many roofs are not simple rectangles. openings, or similar architectural features; width. Each example in the appendix shows Such roofs may be broken down into Example E shows how the rule for dividing a roof plan or plans and indicates where each subareas as shown in Example C. The process roofs into subareas is applied to such roof or roof area is to be measured to of dividing a roof area can produce many configurations. Irregular, non-rectangular determine its width. Section views or different configurations. Example C gives the roofs must be considered on an individual elevation views are shown where general rule of using dividing lines of basis, as shown in Example F.

EXAMPLE A: RECTANGULAR SHAPED ROOFS

•

..... ftllf

EXAMPLE B: SLOPED RECTANGULAR SHAPED ROOFS ,. .. ------.. I ~

ILll 11111 .,

• , ,,, ., l.,...... , -."lt V'"" ~ ~ ~ • ~ • - ·r t ,I .. ~ _.. . ■.I ~ 51 '-· '...... •· •·.. ; :. • ::· , .fo: }<41.

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4725 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES ER18FE20.061 ER18FE20.062 8740 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

EXAMPLE C: lRREGULARL Y SHAPED ROOFS WITH RECTANGULAR SHAPED SECTIONS

Such roofs are to be divided into sub-areas [1926.50l(b)(10)]. Dotted lines are used in by using dividing lines of minimum length the examples to show the location of to minimize the size and number of the areas dividing lines. W denotes correct which are potentially less than or equal to 50 measurements and ® denotes incorrect feet (15.25 meters) in width, in order to limit measurements of width. the size of roof areas where the safety monitoring system alone can be used

• II

:taooneot

• I r I • • ... _.. ______: . _ • 1 r . • Correot

,......

• •• t r • • I r • • • •I •

Correot

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4725 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES ER18FE20.063 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8741

EXAMPLED: SEPARATE, NON-CONTIGUOUS ROOF AREAS

1. •-... II

fUI .FIIIIIILL PO&Pft

81C!IOII A-&

. j I .

. ' • . ~-.... . •• I • V ~ . . • . . fL&II

ILl'IATIOII

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4725 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES ER18FE20.064 8742 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

EXAMPLE E: ROOFS WITH PENTHOUSES, OPEN COURTYARDS, ADDITIONAL FLOORS, ETC.

Such roofs are to be divided into sub-areas monitoring system alone can be used by using dividing lines of minimum length [1926.50l(b)(10)]. Dotted lines are used in to minimize the size and number of the areas the examples to show the location of which are potentially less than or equal to 50 dividing lines. W denotes correct and @ feet (15.25 meters) in width, in order to limit denotes incorrect measurements of width. the size of roof areas where the safety

'• • V •t • • '• ___ .,. ______,,, PIITIOUSI, II • OPDac. COllft&ID• ______.., ______.., • •I

• :• : •' --.. --·------·. ------

••raoua. • OPanc. COIJlffOD. -----.------...... __ _.__ ...... ---- .. . • i • laoorreot

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4725 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES ER18FE20.065 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8743

EXAMPLE F: IRREGULAR, NON-RECTANGULAR SHAPED ROOFS

w

nu

•

au.

BILLING CODE 4510–26–C § 1926.552 [Amended] 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9– ■ 30. In § 1926.552, in paragraph 83 (48 FR 35736), or 1–2012 (77 FR 3912), Subpart N—Helicopters, Hoists, as applicable; and 29 CFR part 1911. Elevators, and Conveyors (c)(17)(iv), redesignate paragraphs (a) through (e) as paragraphs (A) through ■ 32. Revise appendix A to subpart P of ■ 29. The authority citation for subpart (E). part 1926 to read as follows: N is revised to read as follows: Subpart P—Excavations Appendix A to Subpart P of Part 1926— Authority: 40 U.S.C. 3701; 29 U.S.C. 653, Soil Classification 655, 657; Secretary of Labor’s Order Nos. 12– ■ 31. The authority citation for subpart 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (a) Scope and application—(1) Scope. This (49 FR 35736), 5–2007 (72 FR 31159), or 1– P is revised to read as follows: appendix describes a method of classifying 2012 (77 FR 3912), as applicable; and 29 CFR Authority: 40 U.S.C. 333; 29 U.S.C. 653, soil and rock deposits based on site and 1911. 655, and 657; Secretary of Labor’s Order No. environmental conditions, and on the

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES ER18FE20.066 8744 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

structure and composition of the earth without cracking, or appreciable volume a slope of four horizontal to one vertical deposits. The appendix contains definitions, change. (4H:1V) or steeper. sets forth requirements, and describes Saturated soil means a soil in which the Unconfined compressive strength means acceptable visual and manual tests for use in voids are filled with water. Saturation does the load per unit area at which a soil will fail classifying soils. not require flow. Saturation, or near in compression. It can be determined by (2) Application. This appendix applies saturation, is necessary for the proper use of laboratory testing, or estimated in the field when a sloping or benching system is instruments such as a pocket penetrometer or using a pocket penetrometer, by thumb designed in accordance with the sheer vane. penetration tests, and other methods. requirements set forth in § 1926.652(b)(2) as Soil classification system means, for the Wet soil means soil that contains a method of protection for employees from purpose of this subpart, a method of significantly more moisture than moist soil, cave-ins. This appendix also applies when categorizing soil and rock deposits in a but in such a range of values that cohesive timber shoring for excavations is designed as hierarchy of Stable Rock, Type A, Type B, material will slump or begin to flow when a method of protection from cave-ins in and Type C, in decreasing order of stability. vibrated. Granular material that would accordance with appendix C to subpart P of The categories are determined based on an exhibit cohesive properties when moist will part 1926, and when aluminum hydraulic analysis of the properties and performance lose those cohesive properties when wet. shoring is designed in accordance with characteristics of the deposits and the (c) Requirements—(1) Classification of soil appendix D. This appendix also applies if environmental conditions of exposure. and rock deposits. Each soil and rock deposit other protective systems are designed and Stable rock means natural solid mineral shall be classified by a competent person as selected for use from data prepared in matter that can be excavated with vertical Stable Rock, Type A, Type B, or Type C in accordance with the requirements set forth in sides and remain intact while exposed. accordance with the definitions set forth in § 1926.652(c), and the use of the data is Submerged soil means soil which is paragraph (b) of this appendix. predicated on the use of the soil underwater or is free seeping. (2) Basis of classification. The classification system set forth in this Type A means cohesive soils with an classification of the deposits shall be made appendix. unconfined compressive strength of 1.5 ton based on the results of at least one visual and (b) Definitions. The definitions and per square foot (tsf) (144 kPa) or greater. at least one manual analysis. Such analyses examples given below are based on, in whole Examples of cohesive soils are: clay, silty shall be conducted by a competent person or in part, the following: American Society clay, sandy clay, clay loam and, in some using tests described in paragraph (d) below, for Testing Materials (ASTM) Standards cases, silty clay loam and sandy clay loam. or in other recognized methods of soil D653–85 and D2488; The Unified Soils Cemented soils such as caliche and hardpan classification and testing such as those Classification System, the U.S. Department of are also considered Type A. However, no soil adopted by the America Society for Testing Agriculture (USDA) Textural Classification is Type A if: Materials, or the U.S. Department of Scheme; and The National Bureau of (i) The soil is fissured; or Agriculture textural classification system. (ii) The soil is subject to vibration from Standards Report BSS–121. (3) Visual and manual analyses. The visual Cemented soil means a soil in which the heavy traffic, pile driving, or similar effects; and manual analyses, such as those noted as particles are held together by a chemical or being acceptable in paragraph (d) of this agent, such as calcium carbonate, such that (iii) The soil has been previously appendix, shall be designed and conducted a hand-size sample cannot be crushed into disturbed; or to provide sufficient quantitative and powder or individual soil particles by finger (iv) The soil is part of a sloped, layered qualitative information as may be necessary pressure. system where the layers dip into the to identify properly the properties, factors, Cohesive soil means clay (fine grained excavation on a slope of four horizontal to soil), or soil with a high clay content, which one vertical (4H:1V) or greater; or and conditions affecting the classification of has cohesive strength. Cohesive soil does not (v) The material is subject to other factors the deposits. crumble, can be excavated with vertical that would require it to be classified as a less (4) Layered systems. In a layered system, sideslopes, and is plastic when moist. stable material. the system shall be classified in accordance Cohesive soil is hard to break up when dry, Type B means: with its weakest layer. However, each layer and exhibits significant cohesion when (i) Cohesive soil with an unconfined may be classified individually where a more submerged. Cohesive soils include clayey compressive strength greater than 0.5 tsf (48 stable layer lies under a less stable layer. silt, sandy clay, silty clay, clay and organic kPa) but less than 1.5 tsf (144 kPa); or (5) Reclassification. If, after classifying a clay. (ii) Granular cohesionless soils including: deposit, the properties, factors, or conditions Dry soil means soil that does not exhibit angular gravel (similar to crushed rock), silt, affecting its classification change in any way, visible signs of moisture content. silt loam, sandy loam and, in some cases, the changes shall be evaluated by a Fissured means a soil material that has a silty clay loam and sandy clay loam. competent person. The deposit shall be tendency to break along definite planes of (iii) Previously disturbed soils except those reclassified as necessary to reflect the fracture with little resistance, or a material which would otherwise be classified as Type changed circumstances. that exhibits open cracks, such as tension C soil. (d) Acceptable visual and manual tests— cracks, in an exposed surface. (iv) Soil that meets the unconfined (1) Visual tests. Visual analysis is conducted Granular soil means gravel, sand, or silt, compressive strength or cementation to determine qualitative information (coarse grained soil) with little or no clay requirements for Type A, but is fissured or regarding the excavation site in general, the content. Granular soil has no cohesive subject to vibration; or soil adjacent to the excavation, the soil strength. Some moist granular soils exhibit (v) Dry rock that is not stable; or forming the sides of the open excavation, and apparent cohesion. Granular soil cannot be (vi) Material that is part of a sloped, the soil taken as samples from excavated molded when moist and crumbles easily layered system where the layers dip into the material. when dry. excavation on a slope less steep than four (i) Observe samples of soil that are Layered system means two or more horizontal to one vertical (4H:1V), but only excavated and soil in the sides of the distinctly different soil or rock types if the material would otherwise be classified excavation. Estimate the range of particle arranged in layers. Micaceous seams or as Type B. sizes and the relative amounts of the particle weakened planes in rock or shale are Type C means: sizes. Soil that is primarily composed of fine- considered layered. (i) Cohesive soil with an unconfined grained material is cohesive material. Soil Moist soil means a condition in which a compressive strength of 0.5 tsf (48 kPa) or composed primarily of coarse-grained sand soil looks and feels damp. Moist cohesive less; or or gravel is granular material. soil can easily be shaped into a ball and (ii) Granular soils including gravel, sand, (ii) Observe soil as it is excavated. Soil that rolled into small diameter threads before and loamy sand; or remains in clumps when excavated is crumbling. Moist granular soil that contains (iii) Submerged soil or soil from which cohesive. Soil that breaks up easily and does some cohesive material will exhibit signs of water is freely seeping; or not stay in clumps is granular. cohesion between particles. (iv) Submerged rock that is not stable; or (iii) Observe the side of the opened Plastic means a property of a soil which (v) Material in a sloped, layered system excavation and the surface area adjacent to allows the soil to be deformed or molded where the layers dip into the excavation on the excavation. Crack-like openings such as

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 8745

tension cracks could indicate fissured flooding), the classification of the soil must TABLE A—ERECTION BRIDGING FOR material. If chunks of soil spall off a vertical be changed accordingly. SHORT SPAN JOISTS side, the soil could be fissured. Small spalls (iv) Other strength tests. Estimates of are evidence of moving ground and are unconfined compressive strength of soils can Joist Span indications of potentially hazardous also be obtained by use of a pocket situations. penetrometer or by using a hand-operated (iv) Observe the area adjacent to the ***** excavation and the excavation itself for shearvane. evidence of existing utility and other (v) Drying test. The basic purpose of the NM = diagonal bolted bridging not underground structures, and to identify drying test is to differentiate between mandatory. previously disturbed soil. cohesive material with fissures, unfissured (v) Observe the opened side of the cohesive material, and granular material. The * * * * * excavation to identify layered systems. procedure for the drying test involves drying Examine layered systems to identify if the a sample of soil that is approximately one TABLE B—ERECTION BRIDGING FOR layers slope toward the excavation. Estimate inch thick (2.54 cm) and six inches (15.24 LONG SPAN JOISTS the degree of slope of the layers. cm) in diameter until it is thoroughly dry: (vi) Observe the area adjacent to the (A) If the sample develops cracks as it Joist Span excavation and the sides of the opened excavation for evidence of surface water, dries, significant fissures are indicated. water seeping from the sides of the (B) Samples that dry without cracking are ***** excavation, or the location of the level of the to be broken by hand. If considerable force water table. is necessary to break a sample, the soil has NM = diagonal bolted bridging not (vii) Observe the area adjacent to the significant cohesive material content. The mandatory. excavation and the area within the soil can be classified as an unfissured * * * * * excavation for sources of vibration that may cohesive material and the unconfined ■ 36. In § 1926.761, revise paragraph (b) affect the stability of the excavation face. compressive strength should be determined. to read as follows: (2) Manual tests. Manual analysis of soil (C) If a sample breaks easily by hand, it is samples is conducted to determine either a fissured cohesive material or a § 1926.761 Training. quantitative as well as qualitative properties granular material. To distinguish between the of soil and to provide more information in * * * * * two, pulverize the dried clumps of the order to classify soil properly. (b) Fall hazard training. The employer (i) Plasticity. Mold a moist or wet sample sample by hand or by stepping on them. If shall train each employee exposed to a of soil into a ball and attempt to roll it into the clumps do not pulverize easily, the fall hazard in accordance with the threads as thin as 1⁄8-inch in diameter. material is cohesive with fissures. If they requirements of this section. The Cohesive material can be successfully rolled pulverize easily into very small fragments, employer shall institute a training into threads without crumbling. For example, the material is granular program and ensure employee 1 if at least a two inch (50 mm) length of ⁄8- participation in the program. The inch thread can be held on one end without Subpart R—Steel Erection tearing, the soil is cohesive. program shall include training and (ii) Dry strength. If the soil is dry and instruction in the following areas: ■ 33. The authority citation for subpart (1) The recognition and identification crumbles on its own or with moderate R is revised to read as follows: pressure into individual grains or fine of fall hazards in the work area; powder, it is granular (any combination of Authority: 40 U.S.C. 3701; 29 U.S.C. 653, (2) The use and operation of guardrail gravel, sand, or silt). If the soil is dry and 655, 657; Secretary of Labor’s Order Nos. 3– systems (including perimeter safety falls into clumps which break up into smaller 2000 (65 FR 50017), 5–2002 (67 FR 65008), cable systems), personal fall arrest clumps, but the smaller clumps can only be 5–2007 (72 FR 31159), or 1–2012 (77 FR systems, positioning device systems, fall broken up with difficulty, it may be clay in 3912), as applicable; and 29 CFR part 1911. restraint systems, safety net systems, any combination with gravel, sand or silt. If ■ and other protection to be used; the dry soil breaks into clumps which do not 34. In § 1926.754, revise paragraph (3) The correct procedures for break up into small clumps and which can (c)(2) to read as follows; erecting, maintaining, disassembling, only be broken with difficulty, and there is no visual indication the soil is fissured, the § 1926.754 Structural steel assembly. and inspecting the fall protection systems to be used; soil may be considered unfissured. * * * * * (iii) Thumb penetration. The thumb (4) The procedures to be followed to penetration test can be used to estimate the (c) * * * prevent falls to lower levels and through unconfined compressive strength of cohesive (2) Installation of shear connectors on or into holes and openings in walking/ soils. (This test is based on the thumb composite floors, roofs and bridge working surfaces and walls; and penetration test described in American decks. When shear connectors are used (5) The fall protection requirements of Society for Testing and Materials (ASTM) this subpart. Standard designation D2488—‘‘Standard in construction of composite floors, Recommended Practice for Description of roofs and bridge decks, employees shall * * * * * lay out and install the shear connectors Soils (Visual—Manual Procedure).’’) Type A Subpart V—Electric Power soils with an unconfined compressive after the metal decking has been strength of 1.5 tsf can be readily indented by installed, using the metal decking as a Transmission and Distribution the thumb; however, they can be penetrated working platform. Shear connectors ■ by the thumb only with very great effort. 37. The authority citation for subpart shall not be installed from within a V continues to read as follows: Type C soils with an unconfined compressive controlled decking zone (CDZ), as strength of 0.5 tsf can be easily penetrated specified in § 1926.760(c)(7). Authority: 40 U.S.C. 3701 et seq.; 29 several inches by the thumb, and can be U.S.C. 653, 655, 657; Secretary of Labor’s molded by light finger pressure. This test * * * * * Order No. 1–2012 (77 FR 3912); and 29 CFR should be conducted on an undisturbed soil ■ 35. In § 1926.757, revise the footnotes part 1911. sample, such as a large clump of spoil, as ■ soon as practicable after excavation to keep to Tables A and B to read as follows: 38. In § 1926.968, in the definition of to a minimum the effects of exposure to ‘‘Hazardous atmosphere’’, revise the § 1926.757 Open web steel joists drying influences. If the excavation is later note following paragraph (5) to read as exposed to wetting influences (rain, * * * * * follows:

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES 8746 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations

§ 1926.968 Definitions. (7) Work Practices and Engineering exposures will be at or above the action * * * * * Controls for Class II work. *** level. The employer shall designate a Hazardous atmosphere. *** * * * * * competent person who shall make this (5) * * * (8) * * * determination. Investigation and Note to the Definition of ‘‘Hazardous (v) When performing any other Class material testing techniques shall be Atmosphere’’ (5): For air contaminants for II removal of asbestos containing used, as appropriate, in the which the Occupational Safety and Health material for which specific controls determination. Investigation shall Administration has not determined a dose or have not been listed in paragraph include a review of relevant plans, past permissible exposure limit, other sources of (g)(8)(i) through (iv) of this section, the reports, Safety Data Sheets (SDS), and information, such as Safety Data Sheets (SDS) employer shall ensure that the following other available records, and that comply with the Hazard Communication work practices are complied with. consultations with the property owner Standard, § 1910.1200, published * * * * * and discussions with appropriate information, and internal documents can individuals and agencies. provide guidance in establishing acceptable (n) * * * atmospheric conditions. (2) * * * * * * * * (iii) The employer shall maintain this (n) * * * * * * * * record for at least thirty (30) years, in accordance with § 1910.1020 of this (1) * * * Subpart Z—Toxic and Hazardous chapter (iii) The employer shall maintain this Substances (3) * * * record for at least thirty (30) years, in (i) The employer shall establish and ■ 39. The authority citation for subpart accordance with § 1910.1020 of this maintain an accurate record for each Z continues to read as follows: chapter. employee subject to medical * * * * * Authority: 40 U.S.C. 3704; 29 U.S.C. 653, surveillance by paragraph (m) of this 655, 657; Secretary of Labor’s Order No. 12– section, in accordance with § 1910.1020 (3) * * * 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 of this chapter. (iii) The employer shall assure that (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 this record is maintained for the FR 111), 3–2000 (65 FR 50017), 5–2002 (67 * * * * * FR 65008), 5–2007 (72 FR 31160), 4–2010 (75 (iii) The employer shall ensure that duration of employment plus thirty (30) FR 55355), or 1–2012 (77 FR 3912) as this record is maintained for the years, in accordance with § 1910.1020 of applicable; 29 CFR part 1911; and 5 U.S.C. duration of employment plus thirty (30) this chapter. 553, as applicable. years, in accordance with § 1910.1020 of * * * * * ■ 40. In § 1926.1101, revise paragraphs this chapter. (e)(4) and (f)(3)(iii), the paragraph (g)(7) * * * * * Subpart CC—Cranes and Derricks in subject heading, paragraphs (g)(8)(v) (p) * * * Construction introductory text, (n)(2)(iii), (n)(3)(i) and (1) Appendices A, D, and E to this (iii), and (p)(1), and in appendix K, in section are incorporated as part of this ■ 42. The authority citation for Part section 3.1, revise paragraph (e) to read section and the contents of these 1926 subpart CC continues to read as as follows: appendices are mandatory. follows: § 1926.1101 Asbestos. * * * * * Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; Secretary of Labor’s Order No. * * * * * Appendix K to § 1926.1101—Polarized 5–2007 (72 FR 31159) or 1–2012 (77 FR (e) * * * Light Microscopy of Asbestos (Non- 3912), as applicable; and 29 CFR part 1911. (4) Respirators. All persons entering a Mandatory) regulated area where employees are ■ 43. In § 1926.1431, revise paragraph * * * * * required pursuant to paragraph (h)(1) of (a) to read as follows: 3.1. Safety this section to wear respirators shall be § 1926.1431 Hoisting personnel. supplied with a respirator selected in * * * * * accordance with paragraph (h)(3) of this (e) Some of the solvents used, such as THF * * * * * section. (tetrahydrofuran), are toxic and should only (a) The use of equipment to hoist *** be handled in an appropriate fume hood and employees is prohibited except where according to instructions given in the Safety the employer demonstrates that the (f) * * * Data Sheet (SDS). (3) * * * erection, use, and dismantling of * * * * * conventional means of reaching the (iii) Exception: When all employees ■ required to be monitored daily are 41. In § 1926.1127, revise paragraphs work area, such as a personnel hoist, equipped with supplied-air respirators (d)(1)(i), (n)(1)(iii), and (n)(3)(iii) and ladder, stairway, aerial lift, elevating operated in the pressure demand mode, remove paragraph (n)(5). work platform, or scaffold, would be The revisions read as follows: or other positive pressure mode, the more hazardous, or is not possible employer may dispense with the daily § 1926.1127 Cadmium. because of the project’s structural design monitoring required by this paragraph. * * * * * or worksite conditions. This paragraph However, employees performing Class I (d) * * * does not apply to work covered by work using a control method which is (1) * * * subpart R (Steel Erection) of this part not listed in paragraph (g)(4)(i), (ii), or (i) Prior to the performance of any and also does not apply to routine (iii) of this section or using a construction work where employees personnel access to an underground modification of a listed control method, may be potentially exposed to cadmium, worksite via shaft as covered by shall continue to be monitored daily the employer shall establish the § 1926.800 (Underground Construction) even if they are equipped with applicability of this standard by of this part. supplied-air respirators. determining whether cadmium is * * * * * * * * * * present in the workplace and whether [FR Doc. 2020–00207 Filed 2–14–20; 8:45 am] (g) * * * there is the possibility that employee BILLING CODE 4510–26–P

VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 E:\FR\FM\18FER1.SGM 18FER1 lotter on DSKBCFDHB2PROD with RULES